October 1, 2012

John Prather v. David Norflet, Pulaski, 1818

JOHN PRATHER v. DAVID NORFLET.

COURT OF APPEALS OF KENTUCKY

8 Ky. 178; 1818 Ky. LEXIS 24; 1 A.K. Marsh. 178

April 10, 1818, Decided

PRIOR HISTORY:  [**1]  Writ of Error to reverse a Decree of the Pulaski Circuit Court.

DISPOSITION: Decree affirmed, with cost.

COUNSEL: Bibb for appellant, Daviess for appellee.

JUDGES: Judge LOGAN.

OPINION BY: LOGAN

OPINION
 [*178]  Judge LOGAN delivered the opinion of the court.

Prather obtained from Norflet a bill of sale for a negro, and at the same time executed a writing to Norflet, that, if the negro were living, he would redeliver him, upon Norflet's repaying him a given sum by a certain day, and agreeing, if the negro should die, to sustain the loss. The negro lived beyond the day specified, and died shortly  [*179]  thereafter. Several years after his death, Prather filed his bill, charging that the negro was only mortgaged for the repayment of the money, and praying a decree against Norflet for the amount thereof. The circuit court dismissed the bill, and to that decree Prather prosecutes his writ of error.

Upon the authority of the cases of Gray v. Prather, 2 Bibb 223, and Prince v. Bearden, decided this term, the decree must be affirmed, with cost.

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