This post is part of an ongoing project to record names of enslaved people of Greene County, Georgia I find in historical records.
This is a court case involving my ancestor, James M. Lankford. In October 1853, James sold Lucy to Stephen English for $300, with a warranty that she was sound except for one arm. English soon discovered that Lucy had additional health problems affecting her shoulder and hip joints, conditions that James had allegedly failed to mention.
English filed suit in Greene County Superior Court in March 1856, claiming that James had deceived him about Lucy’s condition. The lawsuit sought damages of $300—the full purchase price. English argued that these hidden health issues made Lucy not only unusable but also created additional expenses for him.
English was awarded $300 plus court costs on March 10, 1857. James filed an appeal on March 11.
After nearly two years of legal proceedings, a jury reached awarded English a judgment on April 1, 1858 of $174.33, plus interest and court costs, less than his original demand for $300.
No. 78, Greene Superior Court. March Term 1856
Stephen English vs. James M. Lankford
Received of Stephen English three hundred dollars in full payment for a negro woman Lucy which I warrant sound with the exception of one arm.
Oct. 19th, 1853
James M. Lankford
Georgia, Greene County. To the Honorable Superior Court of said County.
The petition of Stephen English respectfully showeth that James M. Lankford of said County hath damaged your petitioner three hundred dollars for that whereas heretofore to wit on the nineteenth day of October in the year of Eighteen Hundred and fifty-five your petitioner at the special instance and request of said defendant bargained with the said defendant to buy of him the said defendant a certain negro woman slave named Lucy at and for a certain price or sum of money to wit, the sum of Three Hundred Dollars, and the said defendant by then and there falsely and fraudulently warranting the said negro slave to be sound with the exception of one arm then and there sold the said negro Slave to your petitioner for the said sum of Three Hundred dollars, which was then and there paid by your petitioner to said defendant, whereas in truth and in fact the said negro Slave was at the time of the said warranty and sale thereof unsound and diseased seriously in her Shoulder joint, and hip joint and hath from thence hitherto so remained and continued. And your petitioner in fact Saith that the said defendant by means of the premises on the day and year aforesaid falsely and fraudulently deceived your petitioner on the sale of the said negro Slave as aforesaid and thereby the said negro Slave afterwards to wit on the day and year aforesaid not only became of use or value to your petitioner but on the contrary a source of trouble and anxiety and expense.
And whereas also your petitioner heretofore to wit on the day and year aforesaid bargained with the said defendant to buy of the said defendant a certain other negro woman slave named Lucy and the said defendant by then and there falsely warranting the said last mentioned negro slave to be sound with the exception of one arm falsely and fraudulently induced your petitioner then and there to be, and your petitioner did then and there buy of the said defendant the said last mentioned negro slave for the like sum of Three Hundred dollars whereas in truth and in fact the said last mentioned negro slave at the time of the said last mentioned warranty and sale was not sound with the exception of one arm, but there was and hath hither to been and still is unsound and diseased seriously in other parts of her body, and not only useless but expensive to your petitioner.
And your petitioner avers that the said Defendant falsely and fraudulently deceived him in the sale of the said last mentioned negro Slave to the damage of your petitioner Three Hundred dollars as aforesaid.
Wherefore your petitioner brings suit and prays process may issue requiring the said defendant to be and appear at the next Superior Court to be held in and for said County to answer your petitioner in an action on the case.
Henry C. Ware, Plffs. Atty.
Georgia - To the Sheriff of Greene County Greeting
Stephen English vs. James M. Lankford Case
The defendant is hereby required personally or by attorney to be and appear at the Superior Court to be held in and for the County of Greene on the Second Monday in March next then and there to answer the Plaintiffs demand in an action on the case as in default thereof the said Court will proceed as to Justice shall appertain.
Witness the Honorable Robert V. Hardeman, Judge of said Court this 19th day of February 1856.
Vincent Sanford, Clerk
Personally Served James M. Lankford with a copy of the within Writ February 20, 1856
Thos. F. Foster, D. Sheriff
Stephen English vs. James M. Lankford Case
We the Jury find for the Plaintiff, Three Hundred Dollars with costs of Court.
Peter R. Brooks, Foreman
Court adjourned to 8 ½ clock tomorrow morning.
Robert V. Hardeman, Judge
The Honorable the Superior Court met pursuant to adjournment.
Present His Honor Robert V. Hardeman, Judge
Tuesday, 10th March 1857.
Stephen English vs. James M. Lankford Case
Verdict for the Plaintiff.
The Defendant James M. Lankford being dissatisfied with the verdict of the jury rendered in the above stated case, came into office within the time prescribed by law and demanded an Appeal which was granted. Whereupon Robert L. McWhorter Enters himself as the Security on said appeal and acknowledges himself, his heirs, and assigns held and firmly bound unto the Plaintiff in said cause for the Eventual condemnation money and all costs on the final trial of said case. In witness whereof the said James M. Lankford and Robert L. McWhorter have hereunto set their hands and Seal this 11 day March 1857.
Test
James M. Lankford
R. L. McWhorter
Vincent Sanford, Clk
Reference
- Greene County, Georgia, Court Minutes 1856–1868, images 81 and 84, FamilySearch.
- Greene County, Georgia, Special Proceedings Records 1856–1858, images 295–296, FamilySearch.
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