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3 Va. 99

Randolph v. Randolph

Supreme Court of Virginia

Decided March 16, 1812

Supreme Court of Virginia · decided 1812-03-16

WILLIAM RANDOLPH, on the 4th of May, 1808, presented a bill to the Judge of the Superior Court of Chancery for the Richmond District, setting forth, that in December, 1806, he made a conditional sale of a negro boy, by the name of Horatio, to Isham Randolph, for 110/. to be paid, 200 dollars part thereof out of the said Ilham’s * 1 , . . then crop of tobacco, and the balance out of his ensuing crop ; but that it was expressly stipulated and agreed, that he should make no…

Decided 1812-03-16

Judge Roane

¶1pronounced the Court’s opinion, that, “ on the ground that the sale of the slave in the proceedings mentioned, was admitted by the bill, and established by the testimony, and there was no evidence adequate to prove the reservation set up, on the part of the appellant, (and not on that stated by the Chancellor,) the decree is correct; and this the rather, because the appellant saw it proper to dispense with the answer of the appellee, Isham Randolph, (who *102was a party, and privy to the whole transaction,) by setting the cause down for trial, without his answer.

¶2Decree affirmed.

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