Goodloe v. M'Lanathan

Court of Appeals of Kentucky

Goodloe v. M'Lanathan

22 Ky. 310, 6 T.B. Mon. 310, 1827 Ky. LEXIS 284

DecidedDecember 13, 1827

StatusPublished

This text of 22 Ky. 310 (Goodloe v. M'Lanathan) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goodloe v. M'Lanathan, 22 Ky. 310, 6 T.B. Mon. 310, 1827 Ky. LEXIS 284 (Ky. Ct. App. 1827).

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Opinion

Judge Owsley

delivered the Opinion of the Court.

It seems to the court, that in a suit like the present, brought by the purchaser of a slave to cancel the contract of purchase, and to be restored to the price paid, on the ground of fraud in the seller, though a jury may be called to enquire into the fraud, it is the duty of the chancellor to decide upon the alleged fraud, and a if jury be impannelled to enquire into the fraud, it is nevertheless incumbent upon the chancellor, without being influenced by their verdict, to decide the case upon the allegations of the parties and the exhibits and proof made by them.

It seems also to the court, that the fraud charged in the bill of M’Lanathan, is expressly denied by Goodloe in his answer, and that the fraud is not established by the proof in the cause.

The decree must, therefore, be reversed with cost, and the cause remanded to the court below, and the bill dismissed with cost.

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Judge Owsley

delivered the Opinion of the Court.

It seems to the court, that in a suit like the present, brought by the purchaser of a slave to cancel the contract of purchase, and to be restored to the price paid, on the ground of fraud in the seller, though a jury may be called to enquire into the fraud, it is the duty of the chancellor to decide upon the alleged fraud, and a if jury be impannelled to enquire into the fraud, it is nevertheless incumbent upon the chancellor, without being influenced by their verdict, to decide the case upon the allegations of the parties and the exhibits and proof made by them.

It seems also to the court, that the fraud charged in the bill of M’Lanathan, is expressly denied by Goodloe in his answer, and that the fraud is not established by the proof in the cause.

The decree must, therefore, be reversed with cost, and the cause remanded to the court below, and the bill dismissed with cost.

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Bluebook (online)

22 Ky. 310, 6 T.B. Mon. 310, 1827 Ky. LEXIS 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodloe-v-mlanathan-kyctapp-1827.