Bogan v. Martin
Supreme Court of Alabama
Error to the Circuit Court of Cherokee. Assumpsit by the defendant against the;plaintiff in error. Upon the trial, the plaintiffs offered in evidence a writing as follows: “ Received of J. & S. Martin, two hundred and fifty six dollars ninety-seven cents, for a negro boy named Bob, aged about forty years; which I warrant, &c.
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Error to the Circuit Court of Cherokee. Assumpsit by the defendant against the;plaintiff in error. Upon the trial, the plaintiffs offered in evidence a writing as follows: “ Received of J. & S. Martin, two hundred and fifty six dollars ninety-seven cents, for a negro boy named Bob, aged about forty years; which I warrant, &c. Given under my hand and seal, this 19 December, 1841. S. Bogan,” (Seal.) Upon which was the following indorsement: “ It is further understood, that if the said S. Bogan shall well and truly pay to the said J. & S. Martin, the said sum of two hundred and fifty-six dollars…
1Opinion of the CourtOrmond, J.
The instrument offered in evidence, must be considered in connection with the defeasance, and so considered, it is a conditional sale of the slave mentioned in the bill of sale, by .Bogan to the Martins. The right to the slave vested immediately in them, subject to be divested by the re-payment of the purchase money in four months. Upon proof of the death of the slave, within the four months, or upon proof that Bogan retained the possession, and afterwards sold the slave to a third person, the plaintiffs could recover from him the amount specified as his purchase money, but the instrument…
2Cited by3 opinions
- Jean v. SandifordSupreme Court of Alabama · 1864
- Murphy v. BarefieldSupreme Court of Alabama · 1855
- Trulove v. BrownSupreme Court of Alabama · 1852