Bayse v. Briscoe
Court of Appeals of Kentucky
APPEAL PROM SPENCER CIRCUIT. Covenant. Case 32; Case stated. 1. A bill of sale for a slave contained these covenants and none other: “I warrant said negro sound in body and mind and a slave for life” — held that there is not in this covenant any warranty of title in the vendor, and that covenant does not lie upon this writing, in case the vendee lose the slave by a better title. 2. A warranty that a slave sold; is a slave for life, does not imply a warranty of title in the…
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APPEAL PROM SPENCER CIRCUIT. Covenant. Case 32; Case stated. 1. A bill of sale for a slave contained these covenants and none other: “I warrant said negro sound in body and mind and a slave for life” — held that there is not in this covenant any warranty of title in the vendor, and that covenant does not lie upon this writing, in case the vendee lose the slave by a better title. 2. A warranty that a slave sold; is a slave for life, does not imply a warranty of title in the vendor. 3. Tho words “I have sold” used in a bill of sale for a slave, do not imply a warranty of title in the vendor. 4.…
1Opinion of the Court
Judgé Simpson
delivered the opinion of the court'.
Case stated. 1. A bill of sale for a slave contained these covenants and none other: “I warrant said negro sound in body and mind and a slave for life” — held that there is not in this covenant any warranty of title in the vendor, and that covenant does not lie upon this writing, in case the vendee lose the slave by a better title. 2. A warranty that a slave sold; is a slave for life, does not imply a warranty of title in the vendor.
Bi’iscoe brought an action of covenant against Bayse on the following writing:
“ I have this day sold to E. C.…
2Cases cited2 opinions
- Wenzell v. Breckinridge's Ex'xCourt of Appeals of Kentucky · 1835
- Atcherson's Administrator v. TalbotCourt of Appeals of Kentucky · 1837