Ellis v. Wootten

Court of Chancery of Delaware

Ellis v. Wootten

2 Del. Cas. 625, 1821 Del. LEXIS 18

Court of Chancery of Delaware·Decided July 25, 1821·Published

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] therefore 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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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] therefore 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.

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

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