Adelle v. Beauregard
Supreme Court of Louisiana
The plaintiff a woman of colour, claimed her freedom. The plaintiff must prove that she was born free, or has been emancipated. Even if the defendant could prove his possession of the plaintiff as his slave, still the Spanish law would require him to produce some written title, or at least that he acquired possession of her without fraud. Partida 3 tit. 14, l. 5.
1Opinion of the Court
By the Court.
Although it is in general correct, to require the plaintiff to produce his proof before the defendant can be called upon for his, it is otherwise, when the question is slavery or freedom. The law cited by the plaintiff is certainly applicable to the present ease. We do not say that it would be so if the plaintiff were a, negro, who perhaps would be required to establish his right by such evidence, as would destroy *184the force of the presumption arising from colour: negroes brought to this country being generally slaves, their descendants may perhaps fairly be presumed to have…
2Cited by4 opinions
- Mitchell v. WellsMississippi Supreme Court · 1859
- Miller v. BelmontiSupreme Court of Louisiana · 1845
- State v. CecilSuperior Court of Louisiana · 1812
- Forsyth v. NashSupreme Court of Louisiana · 1816