Renfroe v. McDaniel

Decided December 15, 1869

Supreme Court of Georgia · decided 1869-12-15

<p>When a judgment had been obtained in a Common Law Court upon a warranty for the sale of a slave alleged to be unsound, and a bill was filed to open and set aside said judgment, on the ground that it was a contract for the sale of a slave: Held, that a general demurrer to said bill for want of equity, was properly sustained by the Court below.</p>

Decided 1869-12-15

Warner, J.

¶1This was a bill filed by the complainant to open and set aside a judgment obtained on a warranty for the sale of a slave, alleged to have been unsound at the time of the sale, on the ground that it was a contract for the salé of a slave as contemplated by the Constitution of 1868. The bill was demurred to in the Court below, and the demurrer sustained. In our judgment there was no error in the judgment of the Court'sustaining the demurrer, ancl dismissing the bill, on the statement of facts contained therein.

¶2Let the judgment of the Court below be affirmed.