A Practical Treatise On the Law of Slavery Being a Compilation of All the Deci

Cover A Practical Treatise On the Law of Slavery Being a Compilation of All the Deci
A Practical Treatise On the Law of Slavery Being a Compilation of All the Deci
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The plaintiff offered evidence to prove that the slave had run away after he had purchased her, and the court admitted it. We think there was no error in doing so. The proof in itself would not be sufficient to establish the fact, without showing that the slave had run away * An express warranty does not guard against that which can be discovered by flight; as if a horse be warranted perfect, and he wants an ear or a tail, Butterfield v. Burroughs, Salk. Rep. 211. But an express warranty extend...s to every kind of sound ness known and unknown to the seller. 15 Petersdorff s Abr. 374.
Upon the sale of a ship advertised as copper fastened, with all faults, the court held, that these faults meant, faults of a ship, which might have been consistent with that description of vessel ; and that not being a copper-fastened ship at all it was a breach of the warranty. Shepard v. King, 3, B. & A. 240.
148 SLAVERY.
while in the possession of the vendor. But if the facts in regard to the absence of the slave antecedent to the sale were in any way equivocal, subsequent acts might aid in ascertaining their true character.


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