Stroud v. Mays
Supreme Court of Georgia
Case for Deceit, in Butts Superior Court. Tried before Judge Floyd, September Term, 1848 ; and motion for new trial. In January, 1846, Beersheba Stroud, who owned a life estate in a negro slave, Simon, and Henry S. Mays, who owned the remainder, jointly sold the slave to James Stroud, a relative from Chambers County, Ala. for $550, and gave a bill of sale without warranty.
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Case for Deceit, in Butts Superior Court. Tried before Judge Floyd, September Term, 1848 ; and motion for new trial. In January, 1846, Beersheba Stroud, who owned a life estate in a negro slave, Simon, and Henry S. Mays, who owned the remainder, jointly sold the slave to James Stroud, a relative from Chambers County, Ala. for $550, and gave a bill of sale without warranty. About 27th May, 1846, the slave died, and James Stroud brought an action upon the case, for deceit, against Beersheba Stroud and Henry S. Mays, in the sale of the negro, by false representations as to his soundness, and…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
This was an action on the case, in nature of deceit, by James Stroud, against Henry S. Mays andBeersheba Stroud, in the sale of a negro named Simon. On the trial, there was much testimony adduced on both sides. The Jury returned a verdict for the plaintiff, for $675; and the Court granted a new trial on the sole ground that the verdict was contrary to evidence. And this writ of error is brought to reverse that decision.
By the Civil Law, where there is no fraud and no agreement to the contrary, in case the article proves to be unsound, or…
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