Gunnel v. Dade

*116THE COURT (nem. con.) instructed the jury that the plaintiff cannot recover in this action unless they should be satisfied, by the evidence, that the plaintiff, before the suit brought, returned or offered to return the negro, or that the defendant had waived such return or offer. And that if the jury should be satisfied, &c., that the bill of sale contained a general warranty of the title under the seal of the defendant, the plaintiff could not recover in this case.