Legal Opinion

Fulton v. Shaw

Court of Appeals of Virginia

Decided January 23, 1827PublishedCited by 7 opinions

This was an appeal from the Petersburg Superior Court, where Fanny Shaw, a woman of colour, brought an action to recover her freedom, against Elizabeth B. Fulton. At the trial, the jury found a special verdict, the substance of which is fully stated in the following opinion. The Court gave judgment for the plaintiff, and the defendant appealed.

1Opinion of the Court

Judge Carr

delivered his opinion.

Theyirsi question in this case will be, as to the actual state, the civil condition of Mary Shaw, after the execution of the deed by Fitzgerald. Did that deed emancipate her ? If so, then secondly, what was the civil condition of her children born after her emancipation ?

In 1723 it was enacted, that no person should emancipate a slave but for meritorious services, and by permission of the Governor and Council. This law continued in force till 1782, when an Act passed entitled, “ An Act to authorise the manumission of slaves;” by which it was enacted that “any…

2Cases cited1 opinion

  1. Skagit Railway & Lumber Co. v. ColeWashington Supreme Court · 1891

3Cited by7 opinions

  1. Isaac v. West'sSupreme Court of Virginia · 1828
  2. Forward's adm'r v. ThamerSupreme Court of Virginia · 1853
  3. Forward's adm'r v. ThamerSupreme Court of Virginia · 1853
  4. Forward's adm'r v. ThamerSupreme Court of Virginia · 1853
  5. Isaac v. West'sSupreme Court of Virginia · 1828

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