Title | Citation | Year | Summary | Most Relevant | Type | Status |
Newby's Adm'rs v. Blakey |
3 Hen. & M. 57, Supreme Court of Appeals of Virginia (October 20, 1808) |
1808 |
It was observed by Mr. Wickham, that in the case agreed, it is not stated, or agreed, whether the slaves in question were the property of W. Chowning. I shall, however, consider them as such, it being agreed that his daughter derived her possession of them from him, at the time he delivered them up to be divided among his children. If this delivery... |
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Pallas v. Hill |
2 Hen. & M. 149, Supreme Court of Appeals of Virginia (March 22, 1808) |
1808 |
No native American Indian brought into Virginia since the year 1691, could, under any circumstances, be lawfully made a slave. The manuscript act of 1691, and not the printed revisal of 1705, fixes the period at which the right of making slaves of Indians was restricted. THESE were several actions brought in the District Court of Petersburg by the... |
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Pegram v. Isabell |
2 Hen. & M. 193, Supreme Court of Appeals of Virginia (March 25, 1808) |
1808 |
This was a suit for freedom, brought in the District Court of Petersburg. The pauper gave in evidence her descent in the maternal line from Nanny, who recovered her freedom in that Court in 1799 against Stephen Mayes, by judgment on a writ of inquiry, there being no defence; and also gave evidence to prove, that on the execution of that writ of... |
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Ramsay v. Lee |
4 Cranch 401, Supreme Court of the United States (February 01, 1808) |
1808 |
ERROR to the circuit court of the district of Columbia, sitting at Alexandria, in an action of detinue brought by Lee against Ramsay, for a slave named Frederick. The material facts appearing by the bill of exceptions taken by the defendant below, were, that Lee claimed as trustee for Kennedy, under a deed from Wilson duly acknowledged and... |
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Ratrie v. Sanders |
2 H. & J. 327, Court of Appeals of Maryland (June 01, 1808) |
1808 |
Where the defendant was in possession of, and holding a slave, for the space of three years antecedent to the institution of an action of replevin against him for the slave--Held, that the statute of limitations was a bar to the plaintiff's recovery, notwithstanding the property in the slave had been in the plaintiff, and the slave was by him... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Rogers v. Coleman |
Hard. 413, Court of Appeals of Kentucky (April 01, 1808) |
1808 |
Coleman and wife exhibited a bill in the high court of chancery, in Virginia, against John Rogers, to litigate and ascertain their claim to certain slaves and land, and the proceeds thereof, and against Thomas Pollard, who had purchased the land of Rogers, and was indebted for a part of the purchase. Rogers, at the time of the exhibition of the... |
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Rumsey v. Matthews |
1 Bibb 242, Court of Appeals of Kentucky (November 24, 1808) |
1808 |
Bond with condition to pay hire for two negroes at 100 dollars each, etc., and to clothe the negroes pay taxes, and return them at B at the end of the year, is a bond with collateral condition. To take judgment for 200 dollars without assigning breaches, and without writ of inquiry is erroneous. Condition to bear interest from the date, if not... |
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Sale v. Roy |
2 Hen. & M. 69, Supreme Court of Appeals of Virginia (March 12, 1808) |
1808 |
James Micou by his will, which was proved on the 9th of August, 1781, bequeathed certain slaves to the children of Mungo Roy, whom he constituted his executor. In December, 1795, Mungo Roy advertised a sale of between twenty and thirty negroes at his plantation in Caroline county; one-half of the purchase money to be paid down, and a credit for the... |
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Sarah v. Henry |
2 Hen. & M. 19, Superior Court of Chancery of Virginia (June 02, 1808) |
1808 |
Where a negro or mulatto, claiming freedom, obtains an injunction, to prevent his or her being carried out of the commonwealth, before the controversy is decided; the Court will order the plaintiff to be kept and maintained by its officer, during the controversy; unless the defendant will give bond and security for his or her forthcoming, which, if... |
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Shorter v. Boswell |
2 H. & J. 359, Court of Appeals of Maryland (December 01, 1808) |
1808 |
In a petition for freedom, the following part of the deposition of a witness was held to be competent evidence_and always understood she, (the ancestor of the petitioner) came from R N. but did not know it of his own knowledge, and heard that she went by the name of P S. As also this part of the de. position of another witness.... |
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Singleton v. Lewis |
Hard. 258, Court of Appeals of Kentucky (April 01, 1808) |
1808 |
The plaintiff in the inferior court declared against the defendant for a fraud in the sale of the negro woman in the declaration mentioned. The defendant plead the pleas of not guilty, and the statute of limitations, on which issues were made up. It is assigned for error, that the court were wrong in refusing another plea tendered by Singleton's... |
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Spiers v. Willison |
4 Cranch 398, Supreme Court of the United States (February 01, 1808) |
1808 |
ERROR to the district court for the district of Kentucky, in an action of detinue for certain slaves. The plaintiff below, Rebecca Willison, claimed title to the slaves under her grandmother, and at the trial offered parol proof that the grandmother, while Kentucky was a part of Virginia, had given them to her by a deed, which was lost. To this... |
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Stamps v. Beaty |
Hard. 337, Court of Appeals of Kentucky (April 01, 1808) |
1808 |
The important point involved in this appeal is, whether a sale by an executor or administrator, of a negro belonging to the estate of a testator or intestate, is valid to the purchaser, without showing that the sale was to raise money for the payment of debts, and a deficiency of other assets, made liable in the first instance? The law which... |
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The Kitty |
Bee 252, District Court, D South Carolina (February 01, 1808) |
1808 |
This suit is instituted by Captain McNeil of the revenue cutter Gallatin, against the schooner Kitty, for a breach of the first and seventh sections of the act of congress passed 2d March last, entitled An act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States after the 1st of January,... |
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The Leander |
Bee 260, District Court, D South Carolina (January 01, 1808) |
1808 |
The brig Norfolk, on the 19th of March last, 250 miles from this port, to which she was bound, fell in with the Leander; and on the afternoon of the third day arrived with her in Charleston. The Leander had 56 slaves on board, but no white person. In the evening of the 19th two of the slaves died. The wind was east, and the ship was standing... |
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Tunstall v. McClelland |
1 Bibb 186, Court of Appeals of Kentucky (November 04, 1808) |
1808 |
M'CLELLAND brought an action of detinue, in the Shelby Circuit Court, against Tunstall, for the detention of two slaves. The defendant pleaded non detinet, upon which issue was joined; the jury found for the plaintiff the two slaves, and ascertained their respective prices, and also damages for the detention; whereupon the Court rendered judgment,... |
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Turpin v. Banton |
Hard. 312, Court of Appeals of Kentucky (April 01, 1808) |
1808 |
Bills to perpetuate evidence. Award void for uncertainty. See case. Turpin filed his bill against Banton, and, among other things, alleged that the defendant gave him a verbal authority to sell a negro, which belonged to the defendant; that he had sold him accordingly; that Banton threatened to bring suit for the negro, denying the authority to... |
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U.S. v. Hill |
1 Cranch C.C. 521, Circuit Court, District of Columbia (December 01, 1808) |
1808 |
Indictment for stealing a gold watch. The defendant [Peggy Hill] was a free-born mulatto, not subject to any term of servitude by law. |
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Upshaw v. Upshaw |
2 Hen. & M. 381, Supreme Court of Appeals of Virginia (April 28, 1808) |
1808 |
A husband dying in the life-time of his wife has not a right to devise away slaves, to which she is entitled in remainder or reversion, the particular estate having not expired; though he may, in his life-time, sell his and her interest in them, for a valuable consideration. In such case, however, if the husband does devise such slaves away from... |
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Anonymous |
3 N.J.L. 576, Supreme Court of Judicature of New Jersey (September 01, 1809) |
1809 |
All we can do, is to compel the justices and overseers of the poor, to proceed to the examination of the slave, and to exercise the discretion vested in them by law: it appears that they have done that already. Mandamus refused. |
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Auld v. Norwood |
5 Cranch 361, Supreme Court of the United States (February 01, 1809) |
1809 |
ERROR to the circuit court for the district of Columbia, sitting at Alexandria, in an action of detinue for a female slave named Eliza. Upon the trial of the general issue in the court below, the plaintiff in error, who was defendant in that court, took a bill of exceptions, which stated that evidence was offered of the following facts: The slave,... |
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Beasley v. Owen |
3 Hen. & M. 449, Supreme Court of Appeals of Virginia (March 22, 1809) |
1809 |
If the Clerk of the Court of Appeals be directed by the Court to set aside a judgment, and, by misapprehension, the entry of the order be omitted, it may be done at a subsequent term, and the cause re-docketed. Construction of the statute of frauds and perjuries, as to loans of slaves. W. H. by his will, dated in 1789, gave a slave, then in... |
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Braxton v. Gaines |
4 Hen. & M. 151, Supreme Court of Appeals of Virginia (October 06, 1809) |
1809 |
Where a child, who is an infant, is deemed a purchaser for valuable consideration, of a slave, the circumstance that such child resides in the family of its father, and there keeps the slave, over whom it exercises every act of ownership, will not entitle the creditors of the father to disturb the possession of the child, although the father had... |
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Brent v. Chapman |
5 Cranch 358, Supreme Court of the United States (February 01, 1809) |
1809 |
ERROR to the circuit court for the district of Columbia, sitting at Alexandria, in an action of trespass brought by Chapman against Brent, marshal of the district of Columbia, for taking in execution, on a fi. fa. against the estate of Robert Alexander, deceased, a slave named Ben, who was claimed by Chapman as his property. The jury found a... |
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Brown v. Fort |
1 Mart.(o.s.) 34, Superior Court of the Territory of Orleans (October 01, 1809) |
1809 |
Action upon a note of hand. The ship Clara, owned by Foster & Giraud of New York, being libelled in the district court of the United States, in New Orleans, under the act of Congress, prohibiting the importation of slaves, 8 Laws U. S. 262, the defendants were desired by the owners to act for them, and consequently, the ship being afterwards... |
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Corbin's Adm'r v. Southgate |
3 Hen. & M. 319, Supreme Court of Appeals of Virginia (March 17, 1809) |
1809 |
A general acceptance of an order binds the acceptor to the payee by whom the same was taken, bona fide, and for a valuable consideration paid by him?? notwithstanding the consideration, which induced the acceptance, afterwards fails, without any fault on the part of the payee. CHRISTOPHER HARWOOD sold a negro slave to John T. Corbin for 130 barrels... |
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Cox v. Robertson's Ex'rs |
1 Bibb 604, Court of Appeals of Kentucky (December 04, 1809) |
1809 |
If plaintiff sues as executor, and the defendant pleads to the action, he cannot afterward question the right of the plaintiff to sue as executor. In detinue no demand (other than the writ) is necessary to maintain the action. Slaves pass to executors and administrators, and they may maintain detinue for slaves. THE allegations of error, which are... |
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Daniel v. Prather |
1 Bibb 484, Court of Appeals of Kentucky (June 16, 1809) |
1809 |
THIS was an action of detinue for a negro girl; to which the appellant who was defendant in the action below, pleaded non detinet, and issue was thereupon joined by the plaintiffs, who are appellees in this Court. The jury sworn to try this issue returned a verdict that the said defendant doth detain the said negro girl Matilda, in the declaration... |
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Debora v. Coffin |
1 Mart.(o.s.) 40, Superior Court of the Territory of Orleans (October 01, 1809) |
1809 |
This was an action beginning by an order of seizure, obtained from the judge of the City Court of New Orleans, against five negroes belonging to the defendants, and founded on a mortgage specially of five other negroes, (one excepted) than those embraced by the seizure, and generally of all the estate of the defendants, executed by them in the year... |
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Dewees v. Morgan |
1 Mart.(o.s.) 1, Superior Court of the Territory of Orleans (October 01, 1809) |
1809 |
This was an action brought to recover the price of a negro man, sold with his wife and children to the plaintiff, at public auction, by the defendant, consignee of a cargo of negroes. The petition alleged that the negro man, who died ten or twelve days after the sale, had the seeds of a fatal disease in him before, and therefore the plaintiff was... |
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Dorsey v. Gassaway |
2 H. & J. 402, Court of Appeals of Maryland (June 01, 1809) |
1809 |
The admissions by counsel of certain facts in a special verdict taken at a former trial between the same parties in the same action, are not evidence at a new trial of the same cause If slaves remain in the possession of the vendor, the bill of sale must be recorded; and whether they remained in his possession, is a matter of fact for the jury; if... |
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Ex parte Ben |
1 Cranch C.C. 532, Circuit Court, District of Columbia (April 10, 1809) |
1809 |
At law. Habeas corpus by the negro Ben for discharge from the custody of the marshal of the District of Columbia. Prisoner discharged. Habeas corpus ad subjiciendum. The mittimus returned, was in the following form, viz.: District of Columbia. County of Washington, ss. Whereas it is represented by Sabret Scott to the subscriber, a justice of the... |
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Frank v. Milam's Ex'r |
1 Bibb 615, Court of Appeals of Kentucky (December 20, 1809) |
1809 |
Partus sequitur ventrem. A female slave registered in Pennsylvania and therefore a slave for life, and bro't to Kentucky without her assent, continues a slave. Her issue born in Kentucky are slaves. If they had been born in Pennsylvania, whereby an incipient right to freedom under the laws of that State for the gradual abolition of slavery had... |
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George v. Dennis |
2 H. & J. 454, Court of Appeals of Maryland (December 01, 1809) |
1809 |
On the death of S E, a resident of this state, a slave belonging to his estate, was, by a bill of sale executed by his administrator in 1792, sold to G D, also a resident of this state, but who immed ately afterwards removed to Virginia, and took the slave with him. On a petition filed by the slave against G D for his freedom--Held, that he was not... |
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Gist v. Steele |
1 Bibb 571, Court of Appeals of Kentucky (November 23, 1809) |
1809 |
STEELE declared against Gist upon his covenant to pay four hundred and seventy dollars on or before the first day of April, 1807, and in case payment should not be punctually made, then to deliver to the said Steele, and leave in his possession, a valuable negro man, until payment be made -- averred the non-payment, and the failure to deliver and... |
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Hammond v. Alexander |
1 Bibb 333, Court of Appeals of Kentucky (May 16, 1809) |
1809 |
A deed ex vi termini means a writing sealed and delivered-- Worley v. Mourning, 4 Ky. 254. A covenant to pay £150 in negroes, in 6 months for the sum of £100 loaned, is usurious. Where plaintiff's demurrer to a plea is improperly sustained, and judgment given for him, on reversing that judgment, the cause remanded, with leave to withdraw... |
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Hazlerigs v. Jane |
1 Bibb 425, Court of Appeals of Kentucky (June 07, 1809) |
1809 |
Where two sovereigns have simultaneous possession of a disputed territory, the conduct and rights of persons in the disputed territory, during such possession, ought to be decided according to the laws of the State whereof they were citizens. A citizen of Virginia holding slaves in Catfish during the dispute between Virginia and Pennsylvania did... |
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Hook v. Nanny |
4 Hen. & M. 157, Supreme Court of Appeals of Virginia (November 09, 1809) |
1809 |
Hook against Nanny and others. Order Book, No. 5. p. 239. MS. THIS was an action of trespass, assault and battery, and false imprisonment, brought by the appellee, Nanny, and five others, her children, in the County Court of Montgomery, for the recovery of their freedom. Plea, that the plaintiffs are slaves, and the property of the defendants.... |
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John v. Bates |
Litt.Sel.Cas. 106, Court of Appeals of Kentucky (December 21, 1809) |
1809 |
John's claim to freedom is founded on his having been removed from the state of Maryland into the state of Virginia, in March, 1787, supposed to be contrary to the provisions of the act of 1785, which took effect on the first of January, 1787. William Bullock, by whom he was removed, made oath, in due time, as required by the proviso of that act.... |
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Lattimer v. Elgin |
4 Des. 26, Court of Appeals of Equity of South Carolina (February 01, 1809) |
1809 |
Tenant for life of personal estate, who made declarations that he would carry off the property in dispute, obliged to give security for its forthcoming.The lex loci is to govern cases which arise abroad.The issue of female slaves, do not, by the law of Maryland, go over to the remainder man, but becomes the property of the tenant for... |
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Looney v. Pinckston |
1 Tenn. 384, Superior Court of Law and Equity of Tennessee (April 01, 1809) |
1809 |
A note for money, which may be discharged by the delivery of a negro, is not a negotiable paper, nor is the assignor liable in the event of the obligor's insolvency, unless he has been guilty of fraud. [Acc. 5 Y., 435; Peck, 276; 3 Hum., 171; 6 Hum., 303.] [Cited in: 6 Hum., 305, 306.] Case.--Jacob Kincaid gave his writing obligatory dated the 29th... |
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Mandeville & Jamesson v. Wilson |
5 Cranch 15, Supreme Court of the United States (February 01, 1809) |
1809 |
ERROR to the circuit court of the district of Columbia, sitting at Alexandria, in an action of assumpsit brought by the defendant in error for goods sold and delivered, and for the hire of a slave. The defendants below pleaded non assumpserunt, and the statute of limitations. To the latter plea the plaintiff replied, that the said money in the... |
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McHugh v. Dinkins |
2 Brev. 324, Constitutional Court of Appeals of South Carolina (May 06, 1809) |
1809 |
Trover lies to recover damages for slaves obtained from the plaintiff by the defendant, on the faith of a contract of sale, on condition, in writing, and partly executed, where it shall appear that the defendant is utterly unable to fulfil the conditions of the contract on his part; if it shall appear to be the true meaning of the contract, that... |
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O'Neale v. Willis |
2 Cranch C.C. 108, Circuit Court, District of Columbia (July 01, 1809) |
1809 |
Assault and battery, by beating the plaintiff's slave. A free colored man was offered by the plaintiff as a witness. |
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Pogson v. Owen |
3 Des. 31, Court of Appeals of Equity of South Carolina (February 01, 1809) |
1809 |
The bill sets forth that the three Miss Wraggs, one of whom has intermarried with Mr. Pogson and another with Mr. Smith, were coparceners in a considerable estate, consisting of lands, negroes, debts due to them, &c. That before the intermarriage of the said ladies, and since, Mr. Owen was employed as the factor of the estate, received the crops... |
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Redding v. Hall |
1 Bibb 536, Court of Appeals of Kentucky (October 28, 1809) |
1809 |
The tenant is bound to pay rent, although the demised premises are destroyed by inevitable casualty, and can have no abatement for such destruction, unless otherwise expressly stipulated. So the hirer of a slave is not entitled to abatement for sickness, or physician's bills, unless so stipulated. The hirer of a a slave is bound to pay proper... |
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Shackleford v. Gooch |
1 Bibb 583, Court of Appeals of Kentucky (November 23, 1809) |
1809 |
Upon covenant that negro was sound on the sale, evidence offered by covenantor that covenantee knew the negro was unsound at the time of sale and warranty, not admissible. THIS was an action of covenant by Gooch against Shackleford, upon an instrument under seal, by which Shackleford covenanted to warrant three negroes, which he sold to Gooch, to... |
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Spotswood v. Dandridge |
4 Hen. & M. 139, Supreme Court of Appeals of Virginia (October 07, 1809) |
1809 |
1. To prevent length of time from barring a claim, on the ground that the possession of the defendant was fiduciary, such possession must have been fiduciary as to the plaintiff, or those under whom he claims: its being fiduciary as to any other person, is not sufficient. 2. An executor having delivered certain slaves to legatees, as their property... |
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Stewart v. Foster |
2 Binn. 110, Supreme Court of Pennsylvania (September 12, 1809) |
1809 |
An alien, who has resided in Pittsburg one year next preceding an election for borough officers, and has within that time paid a borough tax, is entitled to vote at such election. THE plaintiff, at an election for borough officers in the borough of Pittsburg, in March 1809, offered his vote, he being a freeholder in the borough, and having resided... |
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Thomas v. Benton |
4 Des. 17, Court of Appeals of Equity of South Carolina (February 01, 1809) |
1809 |
Devise of real estate to A. and the lawful heirs of his body, is in this country a fee conditional at common law, and on his death without issue, the land reverts to the donor, and descends to his heirs. A bequest of slaves to B. and the heirs of his body, with directions that the slaves should remain on testator's plantation till B. married or... |
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