Chaires v. Brady

DuPONT, C. J.,

delivered tlie opinion of tlie Court.

This is an appeal from a decree in chancery, directing the bill to be dismissed.

The bill was filed by the executor of Chesley B. Mims, deceased, for the purpose of redeeming certain slaves, alleged to have been mortgaged by the complainant’s testators to the appellant, for an advance of money, and for an account. It is not pretended that the paper executed by Mims, wliereby be parted with his title to tlie slaves, is a technical mortgage, or that it contains any of the elements of such an instrument, or bears any resemblance to tlie same. It…