Daniel v. Roper
Supreme Court of Arkansas
Appeal from Ashley Gireuit Court in Ghcmeery. The plea of the statute of limitations is admissible in all cases, both in law and equity, where the facts support it; and will not be disallowed on account of any supposed odiousness to it in the particular case. . During the pendrenc^ of the appellee’s suit for freedom, she was a free woman, and might at any time have brought her suit in trover; and as by her laches she has permitted the statute bar to become complete, she must…
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Appeal from Ashley Gireuit Court in Ghcmeery. The plea of the statute of limitations is admissible in all cases, both in law and equity, where the facts support it; and will not be disallowed on account of any supposed odiousness to it in the particular case. . During the pendrenc^ of the appellee’s suit for freedom, she was a free woman, and might at any time have brought her suit in trover; and as by her laches she has permitted the statute bar to become complete, she must bear the loss. It is well settled that a slave cannot sue except for freedom. 9 Lou. Rep., 156 ; 2 Swan’s Tenn. Hep.,…
1Opinion of the CourtJustice Fairciiild
By bill preferred on the chancery side of the Ashley circuit court, Abby Roper represented that, about January, 1856, Daniel, the defendant, took her and her children into custody, claiming them as his slaves; that to obtain relief from the illegal bondage extended over them, they instituted legal proceedings under the statute of this state allowing persons held in slavery to sue for their freedom, returnable to the April term, 1856, of the circuit court of Ashley county, that the proceedings were protracted by appeals to the supreme court, change of venue or mis-trial, till the January term,…
2Cited by1 opinion
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