Brightman v. Word ( 1873 )

Walker, J.

The property in the negro woman and child did not pass absolutely under the mortgage, but taking a mortgage over other property than the land sold, released the vendor’s lien.

When the slaves were emancipated, they were still the property of the mortgagor, and the maxim res perii, domino must apply; but the court erred in decreeing a vendor’s lien.

The judgment of the District Court must be reversed and the cause remanded.

Reversed and remanded.