Tipton v. Triplett
Court of Appeals of Kentucky
CASE 44 — PETITION ORDINARY APPEAL PROM MONTGOMERY CIRCUIT COURT. The facts appear in the opinion of the court. Neither the warranty, nor the unsoundness of the slaves, is established by the evidence. The court erred in leaving it to the jury to determine whether facts alleged in the defendant’s answer were material, and whether they were controverted. It also erred in refusing appellant the right to close the argument to the jury.
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CASE 44 — PETITION ORDINARY APPEAL PROM MONTGOMERY CIRCUIT COURT. The facts appear in the opinion of the court. Neither the warranty, nor the unsoundness of the slaves, is established by the evidence. The court erred in leaving it to the jury to determine whether facts alleged in the defendant’s answer were material, and whether they were controverted. It also erred in refusing appellant the right to close the argument to the jury. There is a warranty of title as well as of soundness, and proof of unsoundness of the slaves. The instructions given by the court are correct. The verdict is good,…
1Opinion of the CourtChief Justice Simpson
Tipton brought this action against Triplett, on a note for one thousand dollars.
The defendant relied upon two grounds of defense. First. That the note was executed for part of the price of two slaves, viz: a woman and her child, who had been purchased of the plaintiff by the defendant; that the sale had been made with a warranty of title, and that the plaintiff had no title to the slaves at the time of the sale. Second. That the plaintiff had made the sale with a warranty that the slaves were sound, when in fact they were unsound, diseased, and of no value at the time of the sale. This latter…
2Cases cited2 opinions
- Chancellor v. WigginsCourt of Appeals of Kentucky · 1843
- Gibbs v. TuckerCourt of Appeals of Kentucky · 1820
3Cited by4 opinions
- Mickey v. CommonwealthCourt of Appeals of Kentucky · 1873
- Becker v. CrowCourt of Appeals of Kentucky · 1870
- Pusey's Trustee v. WathenCourt of Appeals of Kentucky · 1890
- Louisville, Cincinnati & Lexington R. v. CastlemanCourt of Appeals of Kentucky · 1875