West v. . Hall
Supreme Court of North Carolina
Debt, trieábefore Glouü, J., at Fall Term 1869, of Bowah Court. The plaintiff declared upon a bond for money, in the ordinary form, dated January 31, 1859. The defendant relied upon the pleas of General issue, and Illegal consideration. Evidence was offered by the- defendants, to show that the bond was given in payment of the price of a slave, and that the hill of sale received by the defendant, J. W. Hall, contained a warranty that the slave was such for life.
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Debt, trieábefore Glouü, J., at Fall Term 1869, of Bowah Court. The plaintiff declared upon a bond for money, in the ordinary form, dated January 31, 1859. The defendant relied upon the pleas of General issue, and Illegal consideration. Evidence was offered by the- defendants, to show that the bond was given in payment of the price of a slave, and that the hill of sale received by the defendant, J. W. Hall, contained a warranty that the slave was such for life. This was excluded by the Court, and the defendant excepted. Yerdict for the plaintiff; Bule, &c.; Judgment, and Appeal by the…
1Opinion of the CourtPeabsoe, C. J.
There is no error.
It is settled that a contract for the purchase of a slave is not illegal, even when made after the Proclamation of the President, the slave not being under the control of the military forces of the United States: Harrell v. Watson, 63 N. C. R., 454.
In our case the contract, was made in 1859, so the matter is too plain for discussion.
The evidence in regard to the warranty of title, was properly rejected. It did not tend to support any of the pleas. Indeed there was no breach of the warranty. The negro was a “ slave for life,” and the contract could not, in any way be affected…
2Cases cited1 opinion
- Harrell, Administrator C. v. . Watson and OthersSupreme Court of North Carolina · 1869
3Cited by1 opinion
- State v. . NorrisSupreme Court of North Carolina · 1917