Shue v. Turk
Supreme Court of Virginia
In July 1859 John Shue, a man of color, applied to the Honorable Lucas P. Thompson, judge of the Circuit court of Augusta county, for a writ of habeas corpus, alleging that he was a freeman, and had been levied on as the property of Abraham Hanna, by virtue of an execution which issued from the clerk’s office of the County court of Augusta, upon a judgment recovered by Jacob Harnsbarger against Washington Swink, Abraham Hanna and others.
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In July 1859 John Shue, a man of color, applied to the Honorable Lucas P. Thompson, judge of the Circuit court of Augusta county, for a writ of habeas corpus, alleging that he was a freeman, and had been levied on as the property of Abraham Hanna, by virtue of an execution which issued from the clerk’s office of the County court of Augusta, upon a judgment recovered by Jacob Harnsbarger against Washington Swink, Abraham Hanna and others. The writ was issued, and upon the hearing before Judge Thompson, Hanna was introduced as a witness by the petitioner, and stated — That Shue the petitioner,…
1Opinion of the CourtRobertson, J.
It is well settled that a negro, claimed and held as a slave, cannot litigate his right to freedom under a writ of habeas corpus. In this case, however, the petitioner *260produces Ms papers showing, on their face, that he has been regularly emancipated, and registered as a free negro: and it appears upon the return and evidence, that those holding him in custody do not claim him as their slave, but that he is held by virtue of an execution levied for the purpose of subjecting him to a debt due from A. Hanna.
The matter in controversy is not whether the petitioner is a freeman or a slave: but…
2Cases cited2 opinions
- Hassler's Lessee v. KingSupreme Court of Virginia · 1852
- Stevenson v. SingletonSupreme Court of Virginia · 1829
3Cited by4 opinions
- Carroll v. BrownSupreme Court of Virginia · 1877
- Lee v. TapscottCourt of Appeals of Virginia · 1796
- Lee v. TapscottCourt of Appeals of Virginia · 1796
- Lee v. TapscottCourt of Appeals of Virginia · 1796