Robert Cooper Grier

“ That the proof of bon a fide property in the persons of color referred to in the constitution of the republic of Texas, is only a bill of sale or some legal conveyance and possession under it, and that mere proof of possession and acquiescence on the part of those held as slaves is not sufficient proof of property. ”

“ Having thus examined the merits of this case, and shown that the court ought to have instructed the jury to find for the plaintiff on the admitted facts of it, we think it wholly unnecessary to examine further the multitude of demurrers or exceptions spread over the record, as no decision of the court below upon them could have wronged the defendant or affected the merits of the case. ”

“ That the Gold Coast, the Grain Coast, and the Slave Coast are inconsiderable portions of Africa; and that if it has been proved that slavery exists in one of those portions, the jury may reasonably infer its existence in the others, in the absence of all other proof upon the subject. To which opinion of the court, giving the said instructions to the jury, the defendant, by his counsel, excepted, and tendered this his eighth bill of exceptions, which he prays may be considered as applicable to each of the said instructions, and may be signed, sealed, and made part of the record in this cause ”

“ Toby was himself one of the syndics or assignees to settle his insolvent estate; he had a right to secure the debt and give an acquittance for it, and whether he took the note payable to himself individually, or as syndic, and whether he has accounted for it to his creditors, or may be bound to do it hereafter when the money is received, are questions with which the defendant has no concern whatever.
3d. The plea that the notes were given for African negroes imported into Texas after the year 1833 is equally unavailable, as a matter of defence, with those already mentioned. ”

“ On the contrary, the defendant held and enjoyed the negroes, and sold them and received their value; and the negroes are held as slaves to this day, if alive, for any thing that appears on the record. As respects the defendant, therefore, he has received the full consideration for his notes, the title to his property has never been questioned, nor has he been evicted from the possession, or threatened with eviction. ”

“ A large proportion of the people were slaves. Some masters held great numbers; the slavery which existed was a slavery for life, and was of the most despotic and arbitrary character.'
'Cross-examined.-'Witness considers himself as understanding very well the customs and conditions of the Africans among whom he was. Witness did not touch upon the Gold Coast; knows nothing whatever of the Gold Coast or Lucame tribe of Africans; witness was in Liberia, and upon the Slave Coast, and upon the Grain Coast. Besides, the coast of Africa runs a good deal east and west in that portion of it. ”

“ The sages of the law, in the exposition of treaties, pacts, statutes, testaments, deeds, and other instruments, have used and handed down to us rules which are commended as the dictates of enlightened reason and common sense, whereof the following will suffice for the present, viz.:--
'That the construction be made on the entire instrument, and that one part of it doth help to expound another, and that every word (if it may be) may take effect and none be rejected, and that all the parts do agree together, and there be no discordance therein. ”

“ In every sale of personal property there is an implied warranty of title, for a breach of which a vendee may sue his vendor and recover the price paid; and on a suit for such price may plead want of consideration or eviction by a better title. ”

“ This addition to instruction second, moved by Randon's counsel, and given by the court, was necessary and proper, inasmuch as it had been expressly proved by the said Randon's witness, Thomas F. McKinney, and Toby's witness, E. McLean, that the notes to Toby were not included in the settlement alluded to, and that neither McKinney nor McLean had any authority to settle the notes sued on; neither did they profess to Randon to have any such authority.
A person may have an action on a stipulation in his favor in a deed to which he was not a party. ”

“ Know all men by these presents, that a settlement made a few days since with David Randon, by E. McLean, representing McKinney & Williams, and Thomas F. McKinney, was a full and final settlement of all notes and accounts held by the said firm, or the said McKinney, against said Randon; and the said McKinney & Williams do hereby grant to him, the said Randon, a full release and acquittance of all notes and accounts, according to the tenor of said settlement ”

“ To show that the positions taken in these pleas were correct, and the pleas themselves were valid, reference is made to Levy v. Jacobs et al., 12 La. Rep. 109; Messes Syndics v. Yarborough et al., 11 La. Rep. 531. These authorities show that, when a cession is made by an insolvent debtor, all his property and rights are transferred to his creditors, whether they be placed in his schedule or not. ”

“ These authorities, we think, show that the exceptions to these pleas ought not to have sustained.
The proceedings in Louisiana passed Toby's title to personal property and debts situated in Texas. See Story's Conflict of Laws (ed. 1846) , §§ 420, 421. The first of these sections (420) shows that the assignee could maintain an action in Texas in his own name. (See also note 2 to this section.)
Assignees or syndics of a foreign bankrupt may sue. Alivon v. Furnival, 1 Cromp., Mees., & Rosc. 296. See also Story's Conflict of Laws, §§ 398, 399, 355, 566, 353 a; Cook v. Lansing, 3 McLean, 571. ”