In 1816, Gabriel Overstreet sold Richard Phillips and Thomas Thompson a slave named Delphia, about eighteen years of age, and her four-month-old son. The petitioners state that at the time of the sale, Overstreet "represented the said woman as sound, and clear of all disease," but he "acted in such a crafty and knavish manner that he prevented Complainants from making any thing more than a general, superficial examination" until they had taken her a considerable distance down river. Upon close examination, they discovered her to be suffering from "a disease commonly called the kings evil." Phillips and Thompson sold her in Natchez to Job Routh, but were compelled to take her back; they then sold her at a sacrifice of $200 because of her disease. Overstreet agreed to return their note for $400 if they paid him $300 and produced affidavits that Delphi was diseased, but although they did so, Overstreet instituted a suit and obtained judgment on the complainants' note. The complainants ask that the injunction against them be blocked and that Overstreet be compelled to answer their accusations.
Result: Granted; appealed.
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Repository: Kentucky Division of Libraries and Archives, Frankfort, Kentucky
