Field v. Wilson
Court of Appeals of Kentucky
•Error to the Bullitt Circuit. Chancery. Case '102. The case stated. If legal rights are pursued in equity the legal operation of the stalutemust prevail.
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•Error to the Bullitt Circuit. Chancery. Case '102. The case stated. If legal rights are pursued in equity the legal operation of the stalutemust prevail. The right of action for a fraud in the sale of a slave without title, accrues upon the sale, and the statute of limitation then commences to run. proceeding equity, _ for a where is*a£ ]t^b,|;.e after the contract in which it was perpetrated, tinctly1 aUedged ^at ¡t was no.t discovered until within 5 ;.yeaxs brought.016 SUlt
1Opinion of the Court
Jdhge Marshall
delivered the opinion of the Court.
E. K. Wilson having purchased Caleb as a slave under am execution in favor of Murphey and against T. Q. Wilson and others, iepresentatives of J. and C. Quertemus, the two Wilsons afterwards sold Caleb to Field by written bill of sale with warranty of title. Some years after•terwards, Caleb in a suit against Field and the Wilsons, •established his freedom under the will of E. Quertemus, and Field then filed his bill to recover from Murphey or from the Wilsons and Murphey the purchase money, paid for Caleb with interest. The bill alledges the…
2Cases cited1 opinion
- McFarland's Administrators v. ClarkCourt of Appeals of Kentucky · 1839
3Cited by4 opinions
- Lakin v. Sierra Buttes Gold Min. Co.United States Circuit Court · 1885
- Martin v. SmithU.S. Circuit Court for the District of Missouri · 1870
- Speidell v. HenriciDistrict Court, W.D. Pennsylvania · 1883
- King Iron Bridge & Manuf'g Co. v. County of OtoeUnited States Circuit Court · 1886