Legal Opinion

Weddington v. Sloan

Court of Appeals of Kentucky

Decided December 28, 1854PublishedCited by 2 opinions

Habeas Corpus. Case 21. APPEAL FROM THE DECISION OF THE CIRCUIT JUDGE OF PIKE COUNTY ON A WRIT OF HABEAS CORPUS. Case stated, In September, 1846, James Sloan made a writing stating the terms on which his slave Sam should be free.' In 1847 he died, having made a will and appointing executors, who not qualifying, his estate was committed to the sheriff. James Sloan devised certain slaves to his wife.

Read the full summary

Habeas Corpus. Case 21. APPEAL FROM THE DECISION OF THE CIRCUIT JUDGE OF PIKE COUNTY ON A WRIT OF HABEAS CORPUS. Case stated, In September, 1846, James Sloan made a writing stating the terms on which his slave Sam should be free.' In 1847 he died, having made a will and appointing executors, who not qualifying, his estate was committed to the sheriff. James Sloan devised certain slaves to his wife. Sam was not named in the will; but if he passed it was under the general devise to the heirs of the testator. In 1849 Sam produced to the County Court the writing given to him by his master, proved…

1Opinion of the Court

Judge Simpson

delivered the opinion of the Court-

On the petition of Sam Sloan, who represented himself to be a free man of color, the Judge of the Pike County Court issued a writ of habeas corpus, directed to Weddington and others, requiring them forthwith to bring said man before him at the court house in Pikeville, together with the cause of his detention.

Upon the return of the writ, the persons summoned to show cause why they detained the petitioner in custody appeared and asserted a right to do so, on the ground that he was a slave, belonging to the estate of James Sloan, deceased; part,…

2Cited by2 opinions

  1. Bragg v. KnaufCourt of Appeals of Kentucky · 1955
  2. Kenney v. MurphySupreme Court of the United States · 1937

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API