Noel v. Wheatly
Mississippi Supreme Court
In error from the Circuit Court of Tallahatchie county. Hon. William L. Harris, judge. Isaac Wheatly sued the plaintiff in error in the Circuit Court of Tallahatchie county, for damages sustained by him, by reason of a breach of warranty of title of a slave sold by plaintiff in error, to him. There was also one count upon a fraudulent warranty. The defendants below pleaded the general issue.
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In error from the Circuit Court of Tallahatchie county. Hon. William L. Harris, judge. Isaac Wheatly sued the plaintiff in error in the Circuit Court of Tallahatchie county, for damages sustained by him, by reason of a breach of warranty of title of a slave sold by plaintiff in error, to him. There was also one count upon a fraudulent warranty. The defendants below pleaded the general issue. Yerdict and judgment against the defendants, for $1073.52, and motion for a new trial, which was overruled. There was a bill of exceptions taken to the overruling of the motion, which embodies the…
1Opinion of the CourtFisher, J.
The plaintiff below, brought a suit in the Circuit Court of Talla-hatchie county, to recover damages resulting from the breach of a warranty as to the title of a slave, sold by the defendants to the plaintiff.
The sale was made in the spring of 1852. During the same year, Henry Allen, jr., brought an action of replevin in the Circuit Court of Tippah county, against the vendee of the purchaser ■to recover the slave, and succeeded in obtaining judgment at the March term, 1854, of said court. It appears that the defendants were notified of the pendency of this action, and an opportunity afforded…
2Cited by6 opinions
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- Theobald v. SprouseMississippi Supreme Court · 1972
- Shultis v. RiceMissouri Court of Appeals · 1905
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