Major Thomas Gatlin, a resident of Arkansas, asks the court to nullify the sale of a slave. In February 1858, Gatlin purchased a slave named Jim for $1,200 from Bernard Kendig of New Orleans. Kendig warranted the slave "free from all redhibitory vices of body & character." However, in May, "without having been chastised or otherwise ill-treated," Jim ran away. Gatlin avers that, before "a year had elapsed from the date of the sale," he came to New Orleans and "informed Kendig in person of the conduct of the negro, & demanded of him a recession of the sale, which was refused." In the fall of 1859, Jim was apprehended in Henderson, Texas, and when Gatlin went to collect him, he found him "in jail, suffering from a severe gun-shot wound which he had received in being taken." While there, Gatlin was informed that Dr. R. G. Graham had previously owned Jim and that the slave had also run away from him. Soon after, Gatlin learned that Kendig had previously sold the slave to Judge John F. Williams of Marshall, Texas, from whom the slave had also run away, and who had returned the slave to Kendig only days before Gatlin purchased him. In consequence, Gatlin prays that his purchase of Jim be nullified and that Kendig be ordered to refund the purchase price plus $500 for damages and expenses.
Result: Granted; appealed; upheld.
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Repository: University of New Orleans
