Boyles' Adm'r v. Overby
Supreme Court of Virginia
This was an action on the case in the Circuit court of Patrick county, brought by Allen S. Overby against the administrator of William Boyle deceased. The declaration contained two counts.
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This was an action on the case in the Circuit court of Patrick county, brought by Allen S. Overby against the administrator of William Boyle deceased. The declaration contained two counts. The first set out that the plaintiff bargained with Boyles in his life time, to buy of Boyles a negro girl slave, and that Boyles, by falsely warranting and representing the said negro *to be sound, falsely and fraudulently induced the plaintiif to buy, and that he did buy of the said Boyles the said negro for, &c. ; whereas the said negro, at the time of said warranty and sale, was not sound, &c. The…
1Opinion of the CourtSamuels, J.
The plaintiff’s cause of action is set forth in a declaration of two counts.
In the first count he alleges a deceit by Boyles the intestate, in the sale of a diseased slave; and alleges that the plaintiff was induced to purchase by means of a false and fraudulent warranty of soundness.
In the second count he alleges a deceit in the sale of an unsound slave by Boyles the intestate, by means of a fraudulent concealment of the unsoundness of the slave. There is nothing in the record to show upon what proof the verdict was rendered.
These causes of action, and each of them, died with the vendor…
2Cases cited1 opinion
- Scott v. ThorpNew York Court of Chancery · 1835
3Cited by14 opinions
- Lee's Adm'r v. HillSupreme Court of Virginia · 1891
- Robrecht v. Marling's Adm'rWest Virginia Supreme Court · 1887
- Roanoke Land & Improvement Co. v. Karn & HicksonSupreme Court of Virginia · 1885
- Spengler v. DavySupreme Court of Virginia · 1859
- Long v. CampbellWest Virginia Supreme Court · 1893
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