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William J. Isabell vs. Elisha Peters, etc.: Chancery Cause, Amherst County (Part 1 of 3)

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saw Mr Peters after the sale, very probably on the same day, but as to that he is not certain, he assigned to him the bond taken for the price of the slave without recourse, it being perfectly understood between these parties, that the respondant had no manner of interest in the transaction.

This respondant further answering denies that at the time of the sale or at any other time, he mad to the plaintiff or any of them any false representation in regard to the said slave, or that he concealed from him or them, any fact impairing his value: neither did he state to them or to any of them, that he was sound and healthy: but he did state to them or some of them that he was sound and healthy so far as he knew or believed. This respondant did believe at the time that he was sound and healthy. If he had ever at any time been diseased, it was wholly unknown to him. Not the slightest information of any disease, either temporary or permanent had ever reached his ears. On the contrary he had heard and believed that the slave had been from a boy in the engagement of uncommon good health. He was knock=kneed, and illshaped, and hence the low price at which he was sold: but if he then or had at any time before laboured under any disease, either of a temporary or permanent character, it was neither known nor suspected by this respondant.

This respondant did not warrant the health of the slave: a warranty was not required. He does not at this time recollect that he received any instruction from Mr. Peters in regard to a warranty and therefore cannot say whether he would have warranted his health had a warranty been required: but this he can say, and this he does say, that every word which he stated to the plaintiffs