Ridgely’s Notebook III, 390
Court of Chancery of Delaware, Sussex County.
July 25, 1821.
Injunction bill.
Hall and Robinson for complainants.
Cooper and Wells for defendant. .
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
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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.