United States v. Thomas

Decided December 15, 1811

Indictment for selling negro Flora as a slave for life, who was entitled to freedom at a certain age. To support the prosecution the United States produced in evidence a mortgage from the defendant, Thomas, to a trustee for the security of Edgar Patterson, including, among other property, three negroes; one of whom, Flora, was entitled to freedom in about three years from the date of the deed. The other two were slaves for life. The deed made no distinction between them.

Decided 1811-12-15

¶1But

the Court(Fitzhugh, J., absent,)

¶2said that, in a criminal case, parol evidence might be given to explain the intention, the quo animo, with which the deed was made, and to prove that the defendant only meant to sell his right to her service during the term.