Scott's v. Auld

Decided November 15, 1829

Detinue, for three negroes who were born while Hannah, their mother, was in the possession of James Anderson, under the following instrument: “ Alexandria, March 1,1816. “ I have this bo’t of Mr. Jessey Scott, Hannah and her sonn John; Hannah to serve twelve years, and John untull he is thirty-five years old, and then both to be free; for the faithful performance of which I bind myself, my heirs, &c. “ Test, Jas. W. Scott.” “ Jas.

Decided 1829-11-15

¶1The CouRT {nem. con.) rejected the parol evidence.

¶2A verdict was taken for the plaintiff, subject to the opinion of the Court upon the case as it appears above stated.

¶3Mr. Taylor and Mr. Hewitt, for the plaintiff, contended that there was a reversion in Scott, the vendor, and that the children of Hannah, born during the twelve years’ servitude, were his slaves. Negro Maria v. Serbaugh, 2 Rand. 228.

¶4The CouRT (Morsell, J., contra,) was of opinion that Scott parted with his whole right in the slaves Hannah and John, to Anderson, who contracted with Scott to emancipate them when they should have served out the respective terms stipulated, &c.

¶5Judgment of nonsuit to be entered.