Brown v. Shields
Supreme Court of Virginia
Case, by Shields against Brown, in the circuit court of Bath. There were two counts in the declaration. The first alleged, in substance, that the plaintiff bargained with the defendant, to purchase of him a negro boy slave, which the defendant represented to be his absolute slave, without limitation or restriction, well' knowing, at the time, that the negro boy was not his absolute slave, but on the contrary, was entitled to his freedom when he should attain to a certain…
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Case, by Shields against Brown, in the circuit court of Bath. There were two counts in the declaration. The first alleged, in substance, that the plaintiff bargained with the defendant, to purchase of him a negro boy slave, which the defendant represented to be his absolute slave, without limitation or restriction, well' knowing, at the time, that the negro boy was not his absolute slave, but on the contrary, was entitled to his freedom when he should attain to a certain age, and the defendant by so falsely and fraudulently representing the negro boy to be his absolute slave, sold him to the…
1Opinion of the CourtBrockenbrough, J.
I am of opinion, that there was error in the court’s refusing to instruct the jury, that the action could not be maintained, by reason of the bill of sale set forth in the third bill of exceptions. The action brought was an action in case. The first count was on the deceit in the sale; the second count was obviously intended to be on the warranty of title. The parol contract of the sale, was clearly merged in the contract under seal, if the sale charged in the second count was the same with that evidenced by the bill of sale. Although the bill of exceptions is badly drawn, yet I think it…
2Cases cited5 opinions
- Fitch v. NewberryMichigan Supreme Court · 1843
- Hartford Bridge Co. v. GrangerSupreme Court of Connecticut · 1822
- Baird v. RiceCourt of Appeals of Virginia · 1797
- Williams v. PriceSupreme Court of Virginia · 1817
- Fuller v. Town of HamptonSupreme Court of Connecticut · 1824