Majority
p. 625STEPHEN ELLIS and ROBERT ELZEY v. PETER G. WOOTTEN. Court of Chancery. Sussex. July 25, 1821. Ridgely’s Notebook III, 390.
Hall and Robinson for complainants.
Cooper and Wells for defendant. .
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 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
p. 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.