Kohlheim v. Harrison
Mississippi Supreme Court
Appeal from the Yice-Chancery Court at Fulton. Hon. Henry Dickinson, vice-chancellor. The bill of sale given to appellee is absolute, and it is submitted whether it is competent to explain, add to, and contradict it by parol. The purchase-money was all paid, and the slave delivered to the purchaser.
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Appeal from the Yice-Chancery Court at Fulton. Hon. Henry Dickinson, vice-chancellor. The bill of sale given to appellee is absolute, and it is submitted whether it is competent to explain, add to, and contradict it by parol. The purchase-money was all paid, and the slave delivered to the purchaser. The slave remained in the possession of the purchaser, Walker, more than three years before his death, and was bequeathed by him to his son, the ward of appellant, and came immediately into the possession of appellant. Only one witness testifies as to what took place at or about the time of the…
1Opinion of the CourtEisheR, J.
This was a bill filed by the complainant in the Vice-Chancery Court at Eulton, to redeem a slave alleged to be held by the defendant under a mortgage executed by the complainant to one John Walker, in January, 1846.
It appears from the allegations of 'the bill that the complainant *460borrowed from Walker a certain sum of money, and, for the purpose of securing him, executed an absolute bill of sale conveying the slave in controversy, and at the same time delivered the slave to Walker. The bill further alleges that there was a verbal understanding that the complainant might at any time redeem the…
2Cited by2 opinions
- Geeen v. MizelleMississippi Supreme Court · 1876
- Hunter v. CoffmanSupreme Court of Kansas · 1906