Case No. 14,071.

TOBY v. RANDON.

[6 West. Law J. 218.]

District Court, D. Texas.

1849.¹

SLAVERY IN TEXAS.

Thomas Toby sued David Randon on two promissory notes, amounting to $3,500. The defendant contended that the money was not justly due, as the property he received for the notes was slaves, natives of Africa, who were brought through Cuba contrary to the laws of Spain, and taken to Texas in 1835, in violation of the laws of Mexico. The plaintiff contended that at the time of the Revolution the negroes were held in slavery, their condition was fixed by the constitution of the republic of Texas of 17th March, 1846.

WATROUS, District Judge, sustained the plea of the defendant, and gave judgment in his favor.

[The cause was carried by writ of error to the supreme court, where the judgment of this court was affirmed, with costs. 11 How. (52 U. S.) 493.]

¹ [Affirmed in 11 How. (52 U. S.) 493.]

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