Aleck v. Tevis
Court of Appeals of Kentucky
Chancery. From the Circuit Court for Shelby County. The bill. Defence. Facts admitted. Depositions. Bill dismissed» and questions to be decided.
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Chancery. From the Circuit Court for Shelby County. The bill. Defence. Facts admitted. Depositions. Bill dismissed» and questions to be decided. Anex’ormay assent to a legacy, even before probate; and where he has assented to the emancipation of, or has waived his authority over, a slave, freed by the will, the personal representative of the emancipator is not a necessary party to the bill of the slave for freedom A court of equity has jurisdiction, concurrent with a court of law, of the suitbro’t by a person unlawfully held in bondage, to establish and secure his right to freedom; aswhere a…
1Opinion of the CourtChief Justice Robertson
In the year 1832, Aleck, a boy of color, claiming to be free in consequence of the last will of Cloe Pen, published and admitted to record in the spring of the year 1813—filed a bill in chancery against Samuel Tevis (who holds him as a slave,) praying for a decree establishing his freedom and liberating him from servitude.
Tevis insists that Aleck did not belong to Cloe Pen, but was the property of her husband, who, as he says, died in Maryland, about the year 1809, and from whom his wife had eloped to Kentucky, about the year 1806, bringing with her, without his consent, the mother of Aleck,…
2Cases cited1 opinion
- Thompson v. WilmotCourt of Appeals of Kentucky · 1809
3Cited by4 opinions
- Moore v. MinervaTexas Supreme Court · 1856
- Underwood v. OgdenCourt of Appeals of Kentucky · 1846
- Thomas v. SmithCourt of Appeals of Kentucky · 1885
- White's heirs v. TurnerCourt of Appeals of Kentucky · 1840