Ellis v. Wootten

2 Del. Cas. 625, 1821 Del. LEXIS 18
CourtCourt of Chancery of Delaware
DecidedJuly 25, 1821
StatusPublished

This text of 2 Del. Cas. 625 (Ellis v. Wootten) is published on Counsel Stack Legal Research, covering Court of Chancery of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ellis v. Wootten, 2 Del. Cas. 625, 1821 Del. LEXIS 18 (Del. Ct. App. 1821).

Opinion

The Chancellor,

finding this to be a question of fact, offered to the parties to make an issue to be tried by a jury. The parties refused, and submitted the case to him.

The Chancellor.

The bill must be dismissed. This is a bond given [for] the purchase money for a negro woman. The plaintiff contends the woman was never delivered to him, and that [626]*626therefore the bond is without consideration. The testimony [of] James Wootten, confirmed by Hasting, Ellis and Culleny, clearly proves a delivery. The woman consented to go with him. He left her of his own accord to borrow a cart to remove her and the child and her chest and bed; before he returned she ran away. It was his folly to leave her. The woman deceived him, but the seller fully complied with his undertaking.

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Cite This Page — Counsel Stack

Bluebook (online)
2 Del. Cas. 625, 1821 Del. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-wootten-delch-1821.