Philleo v. Holliday
Texas Supreme Court
Error from Cherokee. Tried below before the Hon. Reuben A. Reeves. This suit was brought by the defendants in error against the plaintiff in error and Thomas Robertson. The plaintiffs alleged, in their petition, that they were the brothers and sisters, and the-descendants of the brothers and sisters of Abram J. Hill.
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Error from Cherokee. Tried below before the Hon. Reuben A. Reeves. This suit was brought by the defendants in error against the plaintiff in error and Thomas Robertson. The plaintiffs alleged, in their petition, that they were the brothers and sisters, and the-descendants of the brothers and sisters of Abram J. Hill. That the said Abram J. Hill had, previous to his death, made and published a will, wherein he bequeathed the negroes in controversy, to his wife, Martha A. Hill, for life, and attempted thereby to give to the said negroes their freedom, after the death of his said wife; but that…
1Opinion of the CourtWheeler, C. J.
It is not questioned, that the bequest of freedom is void, for the reason that no provision is made for the removal of the slaves beyond the limits of the state. It has ever been the settled policy of our law, to prevent the inhabitancy of free negroes within the state. The constitution of the republic, in express terms, forbade it; and forbade the owner to emancipate his slaves, unless he should send them without the limits of the republic. (Const. Rep. General Prov. § 9.) The law forbids their emigration to the state, and requires all who are in the state to leave it, on pain of being…
2Cases cited2 opinions
- Carroll v. CarrollTexas Supreme Court · 1858
- Purvis v. SherrodTexas Supreme Court · 1854
3Cited by62 opinions
- Dakan v. DakanTexas Supreme Court · 1935
- Smith v. ButlerTexas Supreme Court · 1892
- Jackson v. TemplinTexas Commission of Appeals · 1933
- Moss v. HelsleyTexas Supreme Court · 1883
- Sellers v. PowersTexas Supreme Court · 1968
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