Title | Citation | Year | Summary | Most Relevant | Type | Status |
Bush's Representatives v. White |
3 T.B.Mon. 100, Court of Appeals of Kentucky (November 22, 1825) |
1825 |
Guardian and Ward. Slaves. Heirs. Executors. Ordinance of Congress. N. W. Territory. Practice. Pleading in Chancery. Exceptions. Commissioners' Reports. ERROR TO THE CLARKE CIRCUIT; GEORGE SHANNON, JUDGE. Joel White and wife filed their bill against the administrator and heirs of William Bush, charging, that in the year 1793, Richard Stites married... |
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Chew v. Gary |
6 H. & J. 526, Court of Appeals of Maryland (June 01, 1825) |
1825 |
A, by will, bequeathed her slave Mary, to B, for life, and that at B's death, Mary was to he free--During the life of B, Mary has issue, such issue are slaves APPEAL from Anne Arundel county court. The appellant, on the 14th of June 1822, filed in that court his petition for freedom, against the appellee, representing that Mary Ann Wood, on the... |
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Clarke ads. Blake |
3 McCord 179, Court of Appeals of Law and Equity of South Carolina (February 01, 1825) |
1825 |
The act of 1740, authorizes any person to seize and carry to the nearest magistrate, any horses, kept, raised or bred by slaves, who is authorized to sell them. But the horses must have been appropriated for the peculiar use and benefit of slaves. Though the horses be condemned and sold by the magistrate as the property of a slave; yet the true... |
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Cornelius v. Cohen |
1 Ill. 131, Supreme Court of Illinois (December 01, 1825) |
1825 |
This is an action of replevin brought in the circuit court of St. Clair county, for the recovery of Betsey, a negro girl. The facts of the case are, that on the 6th of October, 1804, Rachael, a free negro woman aged twenty-three, entered into a writing (purporting to be an indenture) with the plaintiff, by which she binds herself in the common mode... |
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Cutter v. Moore |
8 N.J.L. 219, Supreme Court of Judicature of New Jersey (January 01, 1825) |
1825 |
1. In an action against a captain of a steam-boat, upon the statute, (Rev. Laws, 369, Sec. 5) for conveying away a slave; proof that the defendant was captain at the time (the vessel being in her usual employ) is prima facie evidence that he was on board when the slave was conveyed away. 2. Proof that the defendant was captain, and on board, is... |
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Davis v. Cooke |
3 Hawks 608, Supreme Court of North Carolina (June 01, 1825) |
1825 |
The disabilities expressed in our statute of limitation have all the same effect; neither of them is greater or less than another. A person whether labouring under all or any one of them, is equally excused bringing suits, because all or any one of them incapacitates and destroys free agency. All of them create no greater incapacity than one of... |
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Emerson v. Staton |
3 T.B.Mon. 116, Court of Appeals of Kentucky (November 17, 1825) |
1825 |
Jurisdiction. Discovery. Executors. Decrees. Slaves. Compact with Virginia. ERROR TO THE BARREN CIRCUIT; CHRISTOPHER TOMPKINS, JUDGE. In the year 1789, John Staton, of Buckingham county, Virginia, made his last will and testament, which, on his death, was proved and recorded, in the same county, and the executors therein named not acting, letters... |
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Erwin v. Kilpatrick |
3 Hawks 456, Supreme Court of North Carolina (June 01, 1825) |
1825 |
Ever since the case of Timms v. Potter, the question arising in this case has been considered at rest; and it would be attended with the most mischievous consequences again to draw it into controversy. It has now become a fixed rule of property, that the increase of slaves, born during the life of the legatee for life, belong to the ulterior... |
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Fenwick's Adm'r v. Forrest |
6 H. & J. 415, Court of Appeals of Maryland (June 01, 1825) |
1825 |
This action was founded on a covenant, by which the defendant warrants and defends the negroes mentioned in it, against all persons whatsoever, to be the property of the plaintiff; and the breach assigned is, that they were the property of one Sommerville, who dispossessed the plaintiff of them. In a former trial of this case in 1822, this court... |
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Fordham v. Miller's Adm'rs |
4 Hawks 219, Supreme Court of North Carolina (December 01, 1825) |
1825 |
The allegations in the bill, as to the deed of gift of the female slave, are sufficiently made out by proof, and there seems to be little doubt of the deed of gift having been placed in the hands of Miller for the purpose of being registered. But the objection made to setting up the deed is, that, after the defendant had it in his possession, his... |
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Hocker v. Davis |
2 T.B.Mon. 118, Court of Appeals of Kentucky (October 06, 1825) |
1825 |
Practice, Parties, Husband and Wife, Devise, Verdict, Pleading. APPEAL FROM THE OHIO CIRCUIT; ALNEY M'LEAN, JUDGE. Case stated. This was an action of detinue brought by Davis against Hocker, to recover the possession of a slave. Pleas, non detinet and non detinet within five years; issues on both pleas; verdict and judgment for plaintiff; a new... |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
Jenkins v. Morton |
3 T.B.Mon. 28, Court of Appeals of Kentucky (November 12, 1825) |
1825 |
Statement. Jenkins and wife joined in an action of covenant against the defendants below. The writing was executed by the defendants alone. As set out in the declaration, it recites that Jenkins alone had sold and delivered to the defendants a negro man slave, at the price of six hundred and fifty dollars, and had paid fifty thereof; and that the... |
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Kenningham v. McLaughlin |
3 T.B.Mon. 30, Court of Appeals of Kentucky (November 12, 1825) |
1825 |
Statement. The appellee, by her next friend, brought her action of detinue against the appellant, for a negro man slave, to which action the appellant pleaded non detinet. On the trial the appellee gave evidence that, when she was three or four years of age, she was taken on a visit to her paternal grandfather's dwelling, in 1808. While there, the... |
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Letty v. Lowe |
2 Cranch C.C. 634, Circuit Court, District of Columbia (December 01, 1825) |
1825 |
Petition for freedom. On the trial of this cause, Thomas Bingay, a witness for the petitioner, testified that he was present at the bargain between the defendant and Mary Greenfield, for the purchase of the petitioner, who was held by the said Mary Greenfield, as a slave for life, and was offered for sale by her mistress; that the price agreed upon... |
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Marshall v. Moore |
2 T.B.Mon. 69, Court of Appeals of Kentucky (June 04, 1825) |
1825 |
Case stated. William Locke made a will, among other things devising to his daughter, Polly, one bond to the amount of one hundred and sixty dollars, which was then in the hands of his brother, Frank, to collect, and for that money to be put to the use of buying her a negro girl, and appointing his wife executrix and John Marshall his executor. In... |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
Miller v. Dillon |
2 T.B.Mon. 73, Court of Appeals of Kentucky (June 08, 1825) |
1825 |
Statement. On the 11th of September, 1813, Jacob Burriss mortgaged a female slave and her child to Phoebe Dillon, to indemnify her against responsibility as his security, and on the 13th day of the same month, that deed was acknowledged and ordered to record, in the court of the county of Henry and state of Virginia, being the same county in which... |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
Minor's Ex'x v. Dabney |
3 Rand. 191, Supreme Court of Appeals of Virginia (February 24, 1825) |
1825 |
Doctor George D. Spratt, at the time of making his will, hereafter mentioned, was possessed, among other things, of an estate of lands and slaves thereon in Gloucester county, called his Bellevue estate, and which consisted of two plantations adjoining, as was believed and understood at that time; though since his death, a claim has been set up to... |
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Morgan v. Purnell |
4 Hawks 95, Supreme Court of North Carolina (December 01, 1825) |
1825 |
It cannot be contended that the Judge erred in rejecting that part of the deposition which states, that about six months before Morgan's death, Mrs. Morgan requested him to give to her children the negroes that came by her, because, if it had any effect at all, it would only have the improper tendency to invalidate the parol gift made by Mrs.... |
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Peake v. Cantey |
3 McCord 107, Court of Appeals of Law and Equity of South Carolina (February 01, 1825) |
1825 |
A magistrate, having jurisdiction of the subject matter, can not be made liable in a civil action, unless fraud or collusion be shewn; and such corruption must appear either from the grossness of the circumstances, or be proved aliunde. The act of 1740, authorizing magistrates to seize and sell horses belonging to slaves, is constitutional; for... |
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Perry v. Clymore |
3 McCord 245, Court of Appeals of Law and Equity of South Carolina (April 01, 1825) |
1825 |
A parol release cannot prevail against a deed. So where A. gave the sheriff his bond to produce a slave named B. at a certain day, A. cannot prove by parol that the sheriff agreed to receive a negro named C. instead of B. On the plea of non est factum to a bond conditioned to perform covenants, the plaintiff must have a verdict, if the bond be... |
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Peter v. Cureton |
2 Cranch C.C. 561, Circuit Court, District of Columbia (April 01, 1825) |
1825 |
Bill in equity [by negroes Peter and Lewis against D. T. Cureton and A. W. Preuss] for an injunction, and for leave to sue for freedom, in forma pauperis. The cause was set for hearing on bill and answer. The facts of the case appeared to be as follows: Anthony Addison, being the owner of negro Joanna, the mother of the complainants, in the year... |
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Pooser v. Tyler |
1 McCord Eq. 18, Court of Appeals of Law and Equity of South Carolina (May 01, 1825) |
1825 |
A limitation in a deed of negroes and their issue, to W. T. and his heirs lawfully begotten in wedlock with E. T. (his wife) for ever, vests an absolute estate in W. T. The gift being by deed, parol evidence is inadmissible to give it a different construction from that apparent on the face of the instrument. Parol evidence inadmissible to change... |
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Pride v. Pulliam |
4 Hawks 49, Supreme Court of North Carolina (December 01, 1825) |
1825 |
A testator by will directed his slaves to be liberated whenever the laws of the state would tolerate it, and that until that time, the slaves should be divided among his wife and children according to the statutes of distribution: eight years after the probate of the will, and after the slaves had been delivered over to the wife and children in a... |
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Rees v. Parish |
1 McCord Eq. 56, Court of Appeals of Law and Equity of South Carolina (May 01, 1825) |
1825 |
Chancery jurisdiction, none where there is plain and adequate remedy at law. It is the rule of the court of equity not to entertain jurisdiction where there is plain and adequate remedy at law; and the rule is confirmed by the act of 1791. Where a party could obtain plain and adequate remedy by an action of trover and detinue for slaves, equity... |
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Rocheblave v. Potter |
1 Mo. 561, Supreme Court of Missouri (November 01, 1825) |
1825 |
This was an action of trover, brought by the defendant in error against the plaintiff in error, in which Potter obtained judgment; to reverse which this writ of error is prosecuted. The facts, so far as they are deemed material to the decision of this cause, are found in a special verdict as follows: One Justus Terril, being the owner of the slave... |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
Semmes v. Sherburne |
2 Cranch C.C. 637, Circuit Court, District of Columbia (December 01, 1825) |
1825 |
Trover for a slave. This cause having come on to trial again upon the amended pleadings [Case No. 12,655]. |
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Smith v. Hargrave |
3 Hawks 560, Supreme Court of North Carolina (June 01, 1825) |
1825 |
Where A conveyed a slave to B, and on the same day B by writing declared that he put the said slave into the possession of A, and did give and grant the services of the said slave to A during her natural life, free from any charge or claim for such services during her natural life; it was held, that this did not operate to convey the... |
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Southern Bank of Kentucky v. Bullock |
2 T.B.Mon. 75, Court of Appeals of Kentucky (June 08, 1825) |
1825 |
Elizabeth Bullock exhibited her bill against the President, Directors and Company of the Southern Bank of Kentucky, alleging that she is the owner of several slaves, and that the sheriff had levied an execution on them, which issued in the name of the defendants against David Anderson and others. She prays for in injunction restraining the sheriff... |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
State v. Allen |
3 Hawks 614, Supreme Court of North Carolina (June 01, 1825) |
1825 |
The County Courts alone can take original cognizance of a common law grand larceny committed by a slave. If, therefore, a slave who has once had his clergy be indicted in the Superior Court for a grand larceny at common law, the indictment should state that it was the second offence, so as to incur the punishment of death, and that the Court might... |
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State v. Blythe |
3 McCord 363, Court of Appeals of Law and Equity of South Carolina (November 01, 1825) |
1825 |
Under the act of assembly 1819, requiring the owner, or some white person, to reside on all plantations, whereon there are more than ten working slaves, he may live on any part of his land, forming the same plantation, that circumstances may render convenient, however distant from his slaves. |
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State v. Daniel |
3 Hawks 617, Supreme Court of North Carolina (June 01, 1825) |
1825 |
When slaves are charged with a simple grand larceny at the common law, to give the Superior Courts jurisdiction, it should be stated in the indictment that it is the second offence, because otherwise it is not punishable with death. AT the spring term last of Wayne Superior Court before BADGER, Judge, the prisoners, three negro slaves, were... |
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State v. McGraw |
1 Morr.St.Cas. 22, Supreme Court of Mississippi (December 01, 1825) |
1825 |
An indictment for stealing a negro man, not called a slave is insufficient. A trial and acquittal on an indictment for stealing a negro man, is no bar to a subsequent prosecution for stealing a negro man slave. A conviction or acquittal or an invalid indictment, is no bar to a second prosecution. |
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State v. Moses |
Minor 393, Supreme Court of Alabama (December 01, 1825) |
1825 |
IN the Circuit Court of Washington County, Moses, a slave, was indicted for the murder of Sandford McLendon, his master. The indictment did not charge that the slain was a free person. The prisoner was found guilty of manslaughter. His Counsel moved in arrest of judgment, that the indictment and verdict do not bring the offence within the Statute.... |
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State v. Wimberly |
3 McCord 190, Court of Appeals of Law and Equity of South Carolina (February 01, 1825) |
1825 |
In indictments, it seems, neither clerical nor grammatical errors will vitiate, unless they change the word or obscure the meaning. On an indictment, under the act of 1821, for killing a slave in sudden heat and passion, charging it to have been done feloniously, does not vitiate the indictment. The indictment in this case was in accordance with... |
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Stedman v. Reddick |
4 Hawks 29, Supreme Court of North Carolina (December 01, 1825) |
1825 |
At the time when Voight sold the slave to the plaintiff, the defendant had the possession, claiming it adversely against all the world; and the question is, whether this chose in action is assignable, so as to enable the plaintiff to sue in his own name. For a chose in action conprehends specific chattels, as well as the right to recover a debt or... |
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Stinson ads. Piper |
3 McCord 251, Court of Appeals of Law and Equity of South Carolina (April 01, 1825) |
1825 |
A warranty of the soundness of a slave, includes soundness of the mind, as well as of the body. |
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The Antelope |
23 U.S. 66, Supreme Court of the United States (March 18, 1825) |
1825 |
The African slave trade is contrary to the law of nature, but is not prohibited by the positive law of nations. Although the slave trade is now prohibited by the laws of most civilized nations, it may still be lawfully carried on by the subjects of those nations who have not prohibited it by municipal acts or treaties. The slave trade is not... |
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The Josefa Segunda |
23 U.S. 312, Supreme Court of the United States (March 18, 1825) |
1825 |
APPEAL from the Circuit Court of Louisiana. This is the same case which was reported ante, vol. 5. p. 338. It was a proceeding against the vessel, and the negroes taken on board of her, under the Slave Trade Act of the 3d of March, 1807, c. 77. in which the vessel was condemned in the Court below, and that decree was affirmed on appeal, by this... |
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U.S. v. Clark |
2 Cranch C.C. 620, Circuit Court, District of Columbia (November 01, 1825) |
1825 |
The defendant [John Clark], who was a slave about thirteen years old, was indicted for the murder of another slave, named Burdet, about fifteen years old. The deceased was larger and stronger than the defendant, and struck him several times, till the latter drew a knife and told the deceased that if he did not leave striking him, he would stab him;... |
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Vaiden v. Bell |
3 Rand. 448, Supreme Court of Appeals of Virginia (October 15, 1825) |
1825 |
This is an action of replevin, in which the defendant pleaded property in himself, without avowry. Upon this plea, the plaintiff took issue. The jury found the issue for the plaintiff, and assessed his damages to $ 20; for which the Court gave judgment, and the defendant appealed. The slaves, which are the subject of the action, are stated in the... |
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Ward v. Deering |
2 T.B.Mon. 9, Court of Appeals of Kentucky (April 20, 1825) |
1825 |
Deering filed his bill in the Greenup circuit court, alleging that several executions having issued against him he prevailed upon Ward to become his security in replevying them for one year, agreeing to indemnify him by a lien upon his only negro man; that he accordingly executed to Ward an absolute bill of sale, and likewise, at the particular... |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
Wingis v. Smith |
3 McCord 400, Court of Appeals of Law and Equity of South Carolina (November 01, 1825) |
1825 |
A master of a slave is not liable for damages resulting from the negligence or trespass of his slave; But slaves who are tradesmen, ferrymen, carriers, and others acting in such like capacities, form exceptions to this rule. In such cases, the master by inviting others to repose a confidence in them, becomes security for the faithful performance of... |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
Wyatt v. Campbell |
Minor 390, Supreme Court of Alabama (December 01, 1825) |
1825 |
Campbell sued out an original writ of capias against Wyatt; it was returned not found: a judicial attachment was then awarded, which was levied on four negroes. On the return of the attachment Wyatt plead in abatement that the proceedings did not shew that when the original writ of capias issued, either the plaintiff or defendant was a citizen of... |
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Young v. Palmer |
2 Cranch C.C. 625, Circuit Court, District of Columbia (December 01, 1825) |
1825 |
This was an action upon the case upon a special contract of sale of slaves by the plaintiff to the defendant, in which the defendant promised not to sell them out of the neighborhood, &c., whereby the plaintiff was induced to sell them for less money; but the defendant sold them, &c., contrary to his agreement. The affidavit stated that the... |
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Adie v. Cornwell |
3 T.B.Mon. 276, Court of Appeals of Kentucky (October 06, 1826) |
1826 |
This was an action of detinue for four slaves, Caroline and her three children. The general issue was pleaded, with leave to give the special matter in evidence, and on the trial in the circuit court, the evidence produced on the part of the plaintiff, established, or at least conduced to establish, the following facts. Detinue for slaves, plea,... |
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Bates v. Gest |
3 McCord 493, Court of Appeals of Law and Equity of South Carolina (May 01, 1826) |
1826 |
The defendant gave the plaintiff, who was sheriff, a receipt for a negro slave levied on, to deliver the said slave to the sheriff on a particular day, or to pay $500. The court held, that the defendant might, to an action brought on such receipt for not delivering the slave shew that the executions under which the slave was levied on, were... |
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Blewer v. Brightman |
4 McCord 60, Court of Appeals of Law and Equity of South Carolina (November 01, 1826) |
1826 |
I give unto my wife H. B. my two negro female slaves, Sally and Harriet. I also give her one third part of my income annually during her life, to revert after her decease to my estate. Testator then gives to his son Thomas and to his heirs one third of his income. He then gives his daughter the remaining third of his income, for her... |
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Boone v. Dykes' Legatees |
3 T.B.Mon. 529, Court of Appeals of Kentucky (October 07, 1826) |
1826 |
In 1784, John Dykes, of Louisa county, Virginia, made and published his last will and testament, which was recorded after his death, in 1786. The provisions thereof, which have any bearing on this controversy, are as follows: John Dykes' will made in Virginia, and recorded after his death in '86. I lend unto my wife Judith, two negroes, during her... |
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Carney v. Hampton |
3 T.B.Mon. 228, Court of Appeals of Kentucky (May 26, 1826) |
1826 |
Statement of the facts. This is an action of trespass, assault, battery and false imprisonment, brought by a colored person, the plaintiff below, and the issue tried was his freedom or slavery. He was the son of a female slave, sold in the year 1792, in the state of New York, by Philip Lott, a resident of that state, to Gen. Matthews, then a... |
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Catiche v. St. Louis County Circuit Court |
1 Mo. 608, Supreme Court of Missouri (May 01, 1826) |
1826 |
At the March term of the year 1825 the plaintiffs applied to the Circuit Court of St. Louis county for leave to sue in that court, as paupers, for their freedom. This leave being refused, at the last term of this court, a writ of mandamus was ordered to the Circuit Court, commanding it to admit the plaintiffs, or to show cause. The plaintiffs now... |
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