James T. Garnett states that James O. Ellis and John B. Gowen sold him "a negro girl named Ellen and warranted and guarantied the title of said girl in consideration of One thousand dollars," which sum “was the full market value for Said girl and all her natural increase.” Garnett now asserts that "only recently he has ascertained that said negro girl was the property of one Nicholas M. Ellis,” who provided in his will that "the natural increase of all his female slaves born after the year 1850 were to be free and go to Liberia in Africa, the males of said Increase to be free at 24 years of age, and the females at 21 years of age, and each to be hired out for the three years next preceding the periods aforesaid for the purpose of raising funds for their transportation." He further adds that Ellen seems to be healthy and will likely have "a number of children-- which will render her almost valueless." Garnett charges that the defendants defrauded him and that the sale is null and void because the slave title is imperfect. He seeks to have the contract rescinded and have the purchase price and interest returned.
Result: Granted; appealed.
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Repository: Kentucky Division of Libraries and Archives, Frankfort, Kentucky
