To aver that his ancestors were sold as slaves, is not equivalent, in point of law, to an averment that he was a slave.
And the oath prescribed for them on returning was explicitly an averment of truth.
There is no averment in this plea which shows or conduces to show an inability in the plaintiff to sue in the Circuit Court.
It is an averment of a conclusion of law which is permitted to abridge the facts (positive and negative) on which it is founded.
No sooner had Mrs. Falconer cast her eyes upon him than she could not but be convinced of the truth of Robert's averment.
