Legal Opinion

Ben v. Peete

Supreme Court of Virginia

Decided June 12, 1824Published

This was an appeal from the Superior Court of Law for Mecklenburg county. lien and twenty-three others, persons of colour held in slavery, brought a suit against Edwin 11. Peete, to recover their freedom. The usual issue was joined, and the jury found a verdict for the defendant.

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This was an appeal from the Superior Court of Law for Mecklenburg county. lien and twenty-three others, persons of colour held in slavery, brought a suit against Edwin 11. Peete, to recover their freedom. The usual issue was joined, and the jury found a verdict for the defendant. At the trial, two bills > of exceptions were filed. 1. The plaintiffs excepted, because, after they had introduced a deed of emancipation to the female ancestor of the plaintiffs, from Howell Pennington, her former master, dated the 25th of June, 1795, the defendant offered in evidence an office copy of a deed from…

1Opinion of the Court

Judge Carr,

delivered his opinion.

The sole question put in issue by the pleadings, is the freedom of the plaintiffs. If they caii establish, by legal evidence, their title to freedom, they must succeed. If they . be slaves (no matter to whom,) they must fail. To prove their right, they rely on a deed of emancipation, executed by Pennington, their former master, dated the 25th of June, 1796. To defeat this evidence, the defendant produces an office copy of a deed executed by the same Pennington, and dated the 20th of November, 1774, purporting to sell to Martha Pennington, on certain terms and…

2Cases cited5 opinions

  1. Yesler v. City of SeattleWashington Supreme Court · 1890
  2. Eisenbach v. HatfieldWashington Supreme Court · 1891
  3. Maxwell v. LightCourt of Appeals of Virginia · 1797
  4. Rowletts v. DanielSupreme Court of Virginia · 1815
  5. Douglass's Lessee v. SandersonSupreme Court of the United States · 1791

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