Gilmer v. Ware
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Tried before the Hon. Robert Dougherty. The material facts of the case, and the first charge of the ••court, are set out at length in the opinion of the court.
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Error to the Circuit Court of Montgomery. Tried before the Hon. Robert Dougherty. The material facts of the case, and the first charge of the ••court, are set out at length in the opinion of the court. The «court below also charged the jury, that if they believed from the evidence, that before Gilmer paid the purchase money, he was informed by Whiting of the previous sale at auction, and of the sale to Ware, and of all that had been said by Ware and Benbow about thé unsoundness of the slave, and he afterwards paid the purchase money, then the plaintiff could not recover. To this charge the…
1Opinion of the CourtChilton, J.
This was an action on the cáse for deceit in the sale of a. slave. The questions presented for our revision arise upon certain instructions which were given by the court to the jury, and which are set out in the bill of exceptions. The hotter to- comprehend the points of law involved in the charges-*255as well as their applicability, it is necessary briefly to state the facts upon which they were predicated.
It appears that on the 5th day of February, 1819, the slave in controversy was sold under a mortgage, made by one Adam Benbow, to secure a debt due to the Branch of the Bank of the State of…
2Cited by14 opinions
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- Kingman & Co. v. StoddardCourt of Appeals for the Seventh Circuit · 1898
- McDonough v. WilliamsSupreme Court of Arkansas · 1905
- Bean v. BickleySupreme Court of Iowa · 1919
- Fairbanks Morse & Co. v. DeesSupreme Court of Alabama · 1929
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