¶1(nem. con.) instructed the jury that the plaintiff cannot recover in this action unless they should be satisfied, by the evidence, that the plaintiff, before the suit brought, returned or offered to return the negro, or that the defendant had waived such return or offer. And that if the jury should be satisfied, &e., that the bill of sale contained a general warranty of the title under the seal of the defendant, the plaintiff could not recover in this case.
1 D.C. 427
Gunnel v. Dade
District of Columbia District Court
Decided July 15, 1807
District of Columbia District Court · decided 1807-07-15
This was an action for money had and received, for the price of a negro sold by the defendant to the plaintiff, without title*. The plaintiff, on the evening before the trial, gave notice to the defendant to produce a deed of trust including the negro in question. The affidavit of service stated the service on the defendant and his promise to produce the deed.
Decided 1807-07-15