Bugg v. Towner

Walter Towner (plaintiff) purchased a plot of land in 1855. Bristow Bugg (defendant) was a slave owned by Towner. According to Towner, Towner and Bugg entered into an agreement in 1863 under which Bugg would take possession of the land until Towner returned. No payment was required from Bugg if he kept intruders away, paid the taxes, and kept good order. Towner claimed that Bugg had failed to pay the taxes and keep good order and had refused to return possession of the land when Towner returned and Bugg had been emancipated. Towner sued to eject Bugg. Bugg claimed that prior to the purchase of the land, he and Towner had entered into an agreement under which Towner would buy Bugg as a slave for an amount that Bugg would repay, and then Bugg—though nominally still a slave—would live as a free person. Further, Bugg and Towner agreed that Towner would buy the plot of land for Bugg, with Bugg paying for the land and Towner holding title for Bugg’s benefit. Bugg further claimed that he had paid Towner for the land and occupied it per the agreement and therefore was the rightful owner of the land. The trial court dismissed all evidence supporting Bugg’s claims regarding an agreement with Towner on the grounds that, as a slave, Bugg could not enter into a contract. Bugg appealed on the grounds that the court had erred in excluding the evidence supporting his claims.