Jerry v. Townshend
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel county. Petition for freedom, by the appellants against the appellee. The case was tried upon the issue oí freedom, vel non. In the course of the trial the defendant took two exceptions, as follows: Exception of Defendant.
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Appeal from the Circuit Court for Anne Arundel county. Petition for freedom, by the appellants against the appellee. The case was tried upon the issue oí freedom, vel non. In the course of the trial the defendant took two exceptions, as follows: Exception of Defendant. The petitioners offered in evidence a deed of manumission, executed by John Townshend, on the 24th of December 1831, and duly recorded on the 20th of March 1832, under which they claimed their freedom, and proved their identity with the negroes mentioned in that deed, and that John Townshend died in April or May 1846. This deed…
1Opinion of the Court
Mason, J.,
delivered the following opinion, affirming the judgment:
In the case of a petition for freedom, tire issue being freedom vel non, and not title to the negro, any party who may be in the possession of the negro, and who may be the party defendant to the suit, may offer any legal evidence to defeat the negro’s petition. It matters not, therefore, whether the defendant in this proceeding had been duly appointed administrator pendente lite or not, he was in the possession of the petitioners, and it was therefore competent for him to defeat, if he could, by any legal evidence, their claim…
2Cases cited3 opinions
- Key's Lessee v. DavisCourt of Appeals of Maryland · 1851
- Townshend v. TownshendCourt of Appeals of Maryland · 1853
- Clarke v. State ex rel. DarnallCourt of Appeals of Maryland · 1836
3Cited by17 opinions
- Strickland v. StateSupreme Court of Georgia · 1928
- Guetig v. StateIndiana Supreme Court · 1879
- The Berry Will CaseCourt of Appeals of Maryland · 1901
- Quimby v. GreenhawkCourt of Appeals of Maryland · 1934
- Cornell v. StateWisconsin Supreme Court · 1899
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