Public-domain · open source
OpenJurist

9 S.C.L. 413

Brown v. Frazier

Supreme Court of South Carolina

Decided May 15, 1818

Supreme Court of South Carolina · decided 1818-05-15

This was an action of covenant on a bill sale, executed the 14th August, 1812, by which the defendant warranted the soündness of the negro girl thereby conveyed to the plaintiff The proof was, that the plaintiff had purchased the girl in November, 1811; had paid half the money at that time, and only taken a receipt for the same.

Decided 1818-05-15

¶1The opinion of the Court was delivered by

Mr. Justice Grimke.

¶2I am of opinion that the bill of sale must have *414a retrospective operation, for otherwise the plaintiff would be made to warrant the soundness of the property not only at the time of sale, but also that she should continue in good health for many months afterwards; that defendant had acted with great degree of good faith in the transaction ; for not only his witnesses proved the soundness of the girl at the time of sale, but their testimony was corroborated by the plaintiff’s own witness likewise. For what purpose, then, should a new trial be granted, since the defendant has honestly complied with his bargain, and justice has been done ? I am not, therefore, for disturbing the verdict.

Colcock, JVott, Cheves, Gantt, and Johnson, X concurred.
/9/scl/413 · .json · Public domain