Delany v. Vaughn

*379OPINION of the Court, by

Judge Owslev.

— De-lanv purchased of Vaughn a negro woman, at the price of 8 350, paid 8 200 down and promised to pay the re- ' siduei To recover the residue Vaughn brought this suit in the court below. Non assumpsit was pleaded, ánd issue joined thereon. On the trial in that court Belany urged as a defence to the action, the commission *380of a fraud by V-aughn in the sále of the negro, and pro® duced • evidence to establish the charge. Vaughn’s counsel in his concluding speech to the jury stated that jf they found a verdict for Delany he would hold the negro for the S 200…