Legal Opinion

Spencer v. Dennis

Court of Appeals of Maryland

Decided December 15, 1849PublishedCited by 6 opinions

Appeal from Baltimore county court. The appellee filed his petition for freedom on the 3rd of September, 1849. The case was submitted to the court below on the following agreement of facts: That the petitioner was the slave, for life, of Samuel Brohaion, of Dorchester county, who, by his will, executed on the 19th of August, 1831, among others, made this devise:— “Item.—My will and desire is, that ail my negroes be free at the age of thirty-eight, years, provided they leave…

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Appeal from Baltimore county court. The appellee filed his petition for freedom on the 3rd of September, 1849. The case was submitted to the court below on the following agreement of facts: That the petitioner was the slave, for life, of Samuel Brohaion, of Dorchester county, who, by his will, executed on the 19th of August, 1831, among others, made this devise:— “Item.—My will and desire is, that ail my negroes be free at the age of thirty-eight, years, provided they leave the State of Maryland, and do not return therein to reside, in the course of thirty days after they arrive to the age of…

1Opinion of the Court

Dorsey, G. J.,

delivered the opinion of this court.

It is insisted, by the appellant, that the case now before us, is settled against the appellee by the decision of this court in the case of The State vs. Dorsey, Ex. of Worthington, 6 Gill, 388. Whether it be so, or not, we shall presently have occasion to examine. Some doubt having been insinuated in the argument which has just terminated, as to the correctness of the principle adjudicated in that case, it may not be out of place, at this time, to state the grounds of the court’s opinion somewhat more at large than was deemed necessary when…

2Cases cited2 opinions

  1. Cornish v. WillsonCourt of Appeals of Maryland · 1848
  2. State v. DorseyCourt of Appeals of Maryland · 1848

3Cited by6 opinions

  1. Vansant v. RobertsCourt of Appeals of Maryland · 1852
  2. Maddox v. Negroes PriceCourt of Appeals of Maryland · 1861
  3. Reynolds v. LewisCourt of Appeals of Maryland · 1859
  4. William v. ReynoldsCourt of Appeals of Maryland · 1859
  5. (2011), Maryland Attorney General Reports2011

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