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2 D.C. 162

Contee v. Garner

Decided December 15, 1818

The defendant pleaded, that at the time of signing the bond he was a slave, and so non est factum, and concluded to the country. Special demurrer, because he did not conclude with a verification. cited Wlmlpdalé s case, 5 Co. 119; 1 Chitty on Pleading, 537; Bushell v. Pasmore, 6 Mod. 218 ; and Story, 189. submitted the question without argument.

Decided 1818-12-15

The Court(Thruston, J., absent,)

¶1was inclined to think that it ought to have concluded with a verification.

¶2The Court also decided that a slave cannot bind himself, at law, to pay money to his master, even for his freedom.

¶3By consent, the plea was amended, the demurrer withdrawn, and issue joined upon the replication to the plea. Upón the trial, the plaintiff was non-prossed.

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