Title | Citation | Year | Summary | Most Relevant | Type | Status |
Chaney v. Smallwood |
1 Gill 367, Court of Appeals of Maryland (December 01, 1843) |
1843 |
Parties who take possession of the personal property of infants, and retain and use the same, will be considered in equity as those who enter upon and use their real estate, treated as guardians, and liable to account accordingly. Where a father died, having in his possession slaves belonging to his children, his widow, as his administratrix, took... |
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Clarkson v. White |
3 B.Mon. 376, Court of Appeals of Kentucky (May 03, 1843) |
1843 |
THIS is an action of covenant, brought by the defend ant against the plaintiff in error. Two breaches are assigned in the declaration, one for the failure to pay $1125, and the other for failure to pay the taxes on certain slaves in the covenant named. The defendant plead payment of the $1125, and concluded his plea with a verification, and... |
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CONCERNING THE SLAVE TRADE. |
4 U.S. Op. Atty. Gen. 241 (August 29, 1843) |
1843 |
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Administrative Decisions & Guidance |
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Cook v. Redman |
2 Ired.Eq. 623, Supreme Court of North Carolina (June 01, 1843) |
1843 |
Thomas Redman, formerly of Iredell county, by his last will and testament, after several specific devises and bequests, and amongst others a bequest of negroes and other property to his wife for her life or widowhood, directed that the residue of his lands should be sold and also the rest of his property at the death of his wife, and the money... |
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Copeland v. Parker |
3 Ired. 513, Supreme Court of North Carolina (June 01, 1843) |
1843 |
An overseer, from whom a slave is retreating against his orders, has no right to shoot him for the purpose of stopping him. A plaintiff has a right to recover damages for an injury done by a defendant to his slave, while hired out, if the injury was unjustifiable and was of such a nature as impaired the value after the term of hiring expired.... |
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Crawford v. McElvy |
29 S.C.L. 225, Court of Appeals of Law of South Carolina (December 01, 1843) |
1843 |
1. Trover for two slaves. Plaintiff's title depended on an instrument to the following effect. The original owner of the property in dispute, in consideration that plaintiff would support her for life, executed an agreement, whereby she declared that she did make over unto the said T. P., his heirs and assigns, all her right and title to a... |
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Cropper v. Commonwealth |
41 Va. 842, General Court of Virginia (December 01, 1843) |
1843 |
By the ninth section of the act passed the 15th of March 1832, (Acts of 1831-2, ch. 22. p. 22. Suppl. to Rev. Code, ch. 187. p. 247.) free negroes and mulattoes committing simple larceny to the value of 20 dollars or less, are to be tried and punished in the same manner as slaves are directed to be tried and punished by the fifth section of the act... |
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Cunningham v. Wood |
23 Tenn. 417, Supreme Court of Tennessee (December 01, 1843) |
1843 |
This bill is filed to restrain the sale of a negro, which was levied on by the defendant Wood, a constable, as the property of Giles R. Bowers, at the instance of the defendants. The proof is conclusive that Giles R. Bowers purchased the negro with the money of complainant, Martha Cunningham, and, as her agent, for her; and that she went into the... |
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Eckler v. Eckler's Ex'rs |
3 B.Mon. 387, Court of Appeals of Kentucky (May 04, 1843) |
1843 |
Forcible detainer. Vendor and vendee. ERROR TO THE HARRISON CIRCUIT. The case stated IN 1834 or 1835, Jacob Eckler gave to the appellant, his manumitted female slave, in consideration of her valuable and faithful services to himself and family, about ten acres of land, to possess and enjoy during her life. The gift was not evidenced by deed or... |
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Eells v. People |
4 Scam. 498, Supreme Court of Illinois (December 01, 1843) |
1843 |
The plaintiff in error was indicted in the circuit court of Adams county, for harboring and secreting a negro slave. The indictment contained several counts. The first count charges, that Richard Eells, on etc., at etc., a certain negro, the same being a slave of the state of Missouri, and owing service to one Chauncy Durkee, of said state... |
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Elwell v. Bradham |
29 S.C.L. 168, Court of Appeals of Law of South Carolina (December 01, 1843) |
1843 |
1. Defendants, two of whom were deputy sheriffs, took from the arms of plaintiff a negro child, under the mistaken supposition that the child belonged to plaintiff's husband, and with a view of executing against him writs of fi. fa. but did not use more violence than was necessary to possess themselves of the property. Verdict for defendants.... |
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Ferguson v. Williams |
3 B.Mon. 302, Court of Appeals of Kentucky (April 18, 1843) |
1843 |
Sheriff. Replevin. Restitution. Damages. ERROR TO THE MONTGOMERY CIRCUIT. The Case stated. IN 1841, two executions were sued out, one in favor of Thomas, and the other in favor of Anderson, against Clarke, which were levied by Ferguson, the high Sheriff of Montgomery County, on three slaves and some horses, as the property of Clarke. John S.... |
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Fleming v. Perkins |
2 Ired.Eq. 614, Supreme Court of North Carolina (June 01, 1843) |
1843 |
This is a bill filed for the purpose of setting up a deed of trust, made by the defendant Burgin to the plaintiff Fleming, in preference to a bill of sale for the same slave from Burgin to the other defendant, Perkins, upon the ground that the deed to the plaintiff was bona fide to secure just debts, and that Perkins had full knowledge of it, when... |
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Foushee v. Blackwell |
40 Va. 488, Supreme Court of Appeals of Virginia (February 01, 1843) |
1843 |
(Absent Cabell, P. and Stanard, J.) Under the first article of the treaty of Ghent, and the subsequent conventions between the United States and Great Britain, of London in October 1818, and of St. Petersburgh in July 1822, the owners of slaves which were carried away from the territories of the United States by the british forces at the close of... |
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Franklin v. Roberts |
2 Ired.Eq. 560, Supreme Court of North Carolina (June 01, 1843) |
1843 |
A sale of a remainder in a male slave of middle age, expectant upon a life estate, will be viewed with suspicion in a Court of Equity, and relieved against, if advantage be taken of the vendor's necessities by buying at a great undervalue. But such a sale will not be disturbed, if a full and fair price appears to have been given. Where a person... |
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Gadsden v. Brown & Wellsman |
17 S.C.Eq. 37, Court of Appeals of Equity of South Carolina (May 01, 1843) |
1843 |
1. C. gave his bond to P. on the 13th Jan. 1837, conditioned for the payment of $11,000, and to secure the payment gave him, also, a mortgage of 34 negroes, of the same date, recorded 1st Feb. 1837. On the 5th June, 1842, C. also gave his bond to B. and W. for the payment of 4,000, and a mortgage of the same date, recorded the same day, of 22... |
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Gilliam v. Bransford |
23 Tenn. 398, Supreme Court of Tennessee (December 01, 1843) |
1843 |
This is a bill to enjoin the collection of a judgment obtained by defendant against the complainant for the hire of a negro man, upon the alleged ground that the negro was addicted to stealing, which information was not communicated at the time of the hiring; that during the period for which he was hired by the complainant he stole from him a large... |
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Hall v. Chaffee |
14 N.H. 215, Superior Court of Judicature of New Hampshire (December 01, 1843) |
1843 |
In devises over of land after a preceding estate in fee, or of freehold, a definite failure of issue is when a precise time is fixed by the will for the failure of issue. An indefinite failure of issue means the period when the issue or descendants of the first taker shall become extinct, whenever that shall happen, sooner or later. It is the... |
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Herring v. Pollard's Ex'rs |
23 Tenn. 362, Supreme Court of Tennessee (December 01, 1843) |
1843 |
The complainants agreed, verbally, to purchase a tract of land in Montgomery county from the defendant, and in part payment therefor conveyed and delivered him a negro woman and child at the price of $800. They went into possession of the land, and made valuable improvements. They also enjoyed the farm, and sold a quantity of valuable timber. When... |
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Hodge v. Montgomery |
17 S.C.Eq. 268, Court of Appeals of Equity of South Carolina (December 01, 1843) |
1843 |
1. By deed of gift of 5th March, 1821, G. D, in consideration of love, good will and affection, conveyed to his six children, certain slaves, with their future increase, to them, their heirs and assigns, with clause of warranty, &c. Recorded the day of its execution. Three of the donor's children having died, the survivors, in 1838, instituted... |
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Hollowel v. Skinner |
4 Ired. 165, Supreme Court of North Carolina (December 01, 1843) |
1843 |
Where a father places personal property, other than slaves, in the possession of his son, about the time he arrives at age and suffers him to continue such possession, uncontrolled, for a considerable time, using it as his own, the law implies a gift, which can only be rebutted by express evidence of a mere loan. But, although an imposition on... |
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Hopkins v. Towns |
4 B.Mon. 124, Court of Appeals of Kentucky (October 04, 1843) |
1843 |
The case stated. THE only question of law presented for our decision in this case, arises on the following facts which were found by the jury. In 1826, Mary B. Hopkins purchased, under execution, sundry slaves, the property of Samuel G. Hopkins, who being then in this State with said slaves, was permitted afterwards to take them to Missouri, where... |
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Hudgins v. White |
2 Ired.Eq. 575, Supreme Court of North Carolina (June 01, 1843) |
1843 |
Upon the circumstances as disclosed by the pleadings, there could be little hesitation in decreeing a redemption of the slaves, as well as the other things, purchased by the defendant. But if it were possible to doubt upon the case, as made in the bill and answer, the proofs make the plaintiff's right manifest. It is stated by the defendant's... |
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Hunter v. Foster |
23 Tenn. 211, Supreme Court of Tennessee (July 01, 1843) |
1843 |
James A. Hunter, the husband of Martha, and father of Joseph and Ann Hunter, several years ago, then resident in and a citizen of Virginia, by deed duly recorded in Albermarle county, conveyed certain articles of personal property, including a negro girl slave, to the complainants, therein expressly subjecting said property, by a reservation on the... |
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Hunt's Heirs v. Hunt |
3 B.Mon. 575, Court of Appeals of Kentucky (June 06, 1843) |
1843 |
The case stated. IN March, 1838, Richard Hunt executed to his son, James Hunt, a deed of conveyance for a tract of land and three slaves, reserving therein an estate during his life. He also, on the same day, made and published his last will and testament, in which he referred to and confirmed the deed, and also devised to his son all the property... |
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In re Borough of West Philadelphia |
Supreme Court of Pennsylvania (March 01, 1843) |
1843 |
An Act of Assembly empowering the Court of Quarter Sessions to incorporate any town or village containing 300 inhabitants, on the petition of a majority of the freeholders residing within the limits of the village or town, does not authorize the incorporation into a borough of two or more distinct villages, together with a tract of open farming... |
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In re Harding |
3 Ired. 320, Supreme Court of North Carolina (June 01, 1843) |
1843 |
Cooper, in his petition to the County Court of Northampton, states, that he has a lien, by virtue of his execution from Nash, on Tisdale's share of the slaves, that were ordered to be sold by the said court, as is stated in the case; and that the court should now order so much of the proceeds of the said sale, as belonged to Tisdale, to be applied... |
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Jackson v. McAliley |
17 S.C.Eq. 303, Court of Appeals of Equity of South Carolina (December 01, 1843) |
1843 |
1. By a decretal order of the Court of Equity, made July 1835, in a case for partition, certain slaves were ordered to be vested in M. J., then the wife of W. J., for her sole and separate use for life, and on her death to such child or children as she may leave living, share and share alike; and upon her dying without leaving such child or... |
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Johnson v. Boon |
28 S.C.L. 268, Court of Appeals of Law of South Carolina (May 01, 1843) |
1843 |
1. On a question of color, arising out of the admixture of African and white blood, the jury, by our decisions, are the peculiar judges. 2. On a question of this kind, the relator should always be present in court to be inspected by the jury. 3. Where one of the relators, a full brother to the other two, was absent, the jury, unless they had... |
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Johnson v. Pilster |
4 Rob. (LA) 71, Supreme Court of Louisiana (February 01, 1843) |
1843 |
Appeal from the District Court of the First District, Buchanan, J. This was an action by Celina Johnson, the wife, separated a mensa et thoro, of Henry A. Johnson, to enforce a legal mortgage for the restitution of paraphernal property, on a slave alienated by the latter a short time before the judgment of separation. The evidence established the... |
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Jones v. Loftin |
3 Ired.Eq. 136, Supreme Court of North Carolina (December 01, 1843) |
1843 |
It is true, that, in this court, the plaintiffs, as legatees of Thomas Jones, had a right to pursue the property in the hands of the defendants, who are only volunteers under Sarah Loftin, if there had been any fraudulent combination between the executors of Jones and the said Sarah Loftin to deprive them of their legacies in the slaves, or any... |
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Jones v. Vanzandt |
2 McLean 611, Circuit Court, D Ohio (July 01, 1843) |
1843 |
This was an action of trespass on the case by Wharton Jones against John Vanzandt for damages for harboring runaway slaves. |
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King v. Bailey |
8 Mo. 332, Supreme Court of Missouri (July 01, 1843) |
1843 |
Bailey brought an action of detinue against King, for a negro girl mortgaged to Bailey by Jacob Hinton. Hinton was indebted to King, and King sued out execution against him, by virtue of which the negro was levied on and sold, and King became the purchaser. The negro, at the time of the execution of the mortgage, was permitted to remain as a nurse... |
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Lane v. Baker |
12 Ohio 237, Supreme Court of Ohio, In Bank (December 01, 1843) |
1843 |
Youth, of Negro, Indian, and white blood, but of more than one half white blood, are entitled to the benefit of the common school fund. The cases of Polly Gray v. the State, 4 Ohio, 353; Williamson v. the school Directors, etc., Wright, 578; Jeffries v. Ankeny and others, 11 Ohio, 372, are affirmed. |
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Lane v. Wingate |
3 Ired. 326, Supreme Court of North Carolina (June 01, 1843) |
1843 |
Where A. by writing, not under seal, agreed that he was held and firmly bound to B. in the sum of two hundred dollars, conditioned to be void provided the said A. kept and maintained a certain old negro woman belonging to B. free from any expense to B. and A. afterwards failed to perform his agreement; Held that the $200 was not to be considered... |
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Lash v. Hauser |
2 Ired.Eq. 489, Supreme Court of North Carolina (June 01, 1843) |
1843 |
The opinion of the court is, that the excess in the value of the slaves, over and above the money that was due to Lash and secured by the conveyance, was in his hands assets for the satisfaction of debts, and that it remains so in the bands of the other defendants, the next of kin, after re-embursing to them the money they have paid to Lash under... |
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Lathrop v. Lumpkin |
41 Va. 49, Supreme Court of Appeals of Virginia (May 01, 1843) |
1843 |
(Absent Cabell, P.) In debt on a sheriff's bond, two breaches are assigned: 1. that the sheriff had levied an execution of the relator against an administrator, on slaves of the decedent, but negligently suffered them to be eloigned and carried off: 2. that the sheriff might have levied the execution on such slaves, but neglected so to do. At the... |
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Lester's Case |
23 Tenn. 383, Supreme Court of Tennessee (December 01, 1843) |
1843 |
On the 18th January, 1843, there came to the hands of the sheriff of Wilson county an execution against the Cummings, at the suit of Richmond, Fisher & Co., for $757.04, tested of September term, 1842, returnable, and returned on the then current January, to-wit, 24th day, with the endorsement thereon of a levy upon certain slaves and store goods,... |
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Lillard v. Reynolds |
3 Ired. 366, Supreme Court of North Carolina (June 01, 1843) |
1843 |
Where a testator bequeathed as follows: I lend to my daughter B. G. one negro woman and her increase that she may hereafter have, held that this bequest was not void for uncertainty, but that the legatee, in order to identify the woman, might shew that the testator had bequeathed all the negro women he had, except one, specifically by name to... |
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Lindsey v. Bland |
29 S.C.L. 30, Court of Appeals of Law of South Carolina (December 01, 1843) |
1843 |
1. Defendant purchased two negroes at the estate sale of plaintiff's intestate. The contract, as proved, was that a note was to be given for the price, payable at a future time. The property went into defendant's possession immediately, but the note was not given; and a few months after the sale, when it was applied for by the administrator, the... |
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Locke v. Gibbs |
4 Ired. 42, Supreme Court of North Carolina (December 01, 1843) |
1843 |
One may recover damages in an action on the case for a malicious prosecution of his slave. Appeal from the Superior Court of Law of Brunswick county, at Fall Term, 1843, his Honor Judge BATTLE presiding. This was an action on the case, brought by the plaintiff against the defendant to recover damages, which she alleged that she had sustained by the... |
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Love v. Lea |
2 Ired.Eq. 627, Supreme Court of North Carolina (June 01, 1843) |
1843 |
The bill states that Samul Love was the guardian of the plaintiff; that he resigned the trust, and the Court appointed John Love guardian; that Samuel came to a settlement with John as guardian, and executed to him a bond for the balance of the ward's estate, and that he, Samuel, gave a deed in trust of a female slave by the name of Minerva, to... |
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Love v. Love |
3 Ired.Eq. 104, Supreme Court of North Carolina (December 01, 1843) |
1843 |
Upon the pleadings there are two material questions, on which the parties desire the judgment of the court. The first is, what slaves are subject to the division that is sought? And the second is, whether the plaintiff is entitled, as the assignee of his mother, to her share of those negroes that may be allotted as the portion of her son, Richmond?... |
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Luckey v. Dykes |
2 Smedes & M. 60, High Court of Errors and Appeals of Mississippi (July 01, 1843) |
1843 |
A bequest in a will, directing the executors to emancipate slaves of the testator, is void, because in opposition to our state policy. The general residuary legatee is entitled to take, in preference to the next of kin, whatever may, by lapse, invalid disposition, or other casualty, fall into the residue, after the date of the will. Where it is... |
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Macey's Ex'rs v. Fenwick's Adm'r |
4 B.Mon. 306, Court of Appeals of Kentucky (October 27, 1843) |
1843 |
Case stated. THIS is the fourth time this case, in some shape, has been before this Court. In June, 1822, Fenwick filed his bill to redeem certain slaves which he alleged had been pledged to Macey; and the Circuit Court having decided against his right to redeem, the decree was reversed by this Court. The opinion, together with a full history of... |
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McBride v. Choate |
2 Ired.Eq. 610, Supreme Court of North Carolina (June 01, 1843) |
1843 |
An administrator in this State is only accountable for the assets of his intestate, which were in this State at the death of the intestate. A husband has no right to dispose by will of a remainder in a slave, belonging to his wife after the expiration of a life estate. The cases of Poindexter v Blackburn, 1 Ired. Eq. Rep. 286. Hardie v Cotton,... |
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McCraw v. Davis |
2 Ired.Eq. 618, Supreme Court of North Carolina (June 01, 1843) |
1843 |
The complainants are a part of the next of kin of Samuel McCraw, (who died intestate in the year 1819,) and they have filed this bill against the administrator and the rest of the next of kin, for a distribution of the personal estate of the intestate, which personal estate the plaintiffs charge to consist of the slaves Brice, Judy and her... |
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McKee v. Buford |
3 B.Mon. 432, Court of Appeals of Kentucky (May 16, 1843) |
1843 |
The case stated and decree of Circuit Court. IN 1817, Jonas Chrisman died intestate, leaving a considerable estate in slaves and personalty, and his son, Peter Chrisman, the eldest of eight children of the decedent, administered on his estate, and in 1822 he died insolvent, and without issue, and unmarried. One-third of the personalty was allotted,... |
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McLure v. Benceni |
2 Ired.Eq. 513, Supreme Court of North Carolina (June 01, 1843) |
1843 |
The question raised by these appeals is, whether the plaintiff has such an interest in the slaves in controversy, or has stated such a case as authorizes the court to interfere with the possession of them by the defendants, or to interrupt legal proceedings between the defendants themselves, for the purposes respectively of asserting a title to the... |
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Miller v. Ellison |
3 Ired.Eq. 123, Supreme Court of North Carolina (December 01, 1843) |
1843 |
The court cannot make any order in the cause, that the defendant shall interplead. Neither the next of kin nor the heirs at law, according to the plaintiff's own shewing, have any possible interest in the trust fund. If the emancipation of the slaves Creecy and Aaron should fail, then the real and personal estate divised to Ellison and Kemp, in... |
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