Jason v. Henderson
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard county. Trespass on the case by the appellant, one of the negroes who recovered freedom in the case of Henderson vs. Jason, reported in 9 Gill, 483, against the appellee, to recover damages for unlawfully detaining her in servitude. Pleas non cul. and limitations. Exception.
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Appeal from the Circuit Court for Howard county. Trespass on the case by the appellant, one of the negroes who recovered freedom in the case of Henderson vs. Jason, reported in 9 Gill, 483, against the appellee, to recover damages for unlawfully detaining her in servitude. Pleas non cul. and limitations. Exception. The facts of the case in regard to the plaintiff’s right to freedom, and her going at large and acting as free at the time she was seized and claimed by the defendant as belonging to the estate of Mrs. Frances Warfield, of which he was administrator, are fully stated in the case…
1Opinion of the CourtMason, J.
The question involved upon this appeal is, whether a negro,who has been adjudged to be free, can maintain an action on the case to recover damages for having been unlawfully held in servitude?
This very question was determined in the case of Franklin vs. Waters, 8 Gill, 322, which was recognized by that of The State vs. Van Lear, 5 Md. Rep., 91, and settled adversely to such a claim.
The counsel for the appellant, in this appeal, have sought to distinguish the cases by showing that, in this, the negro was in the actual enjoyment of her freedom at the time of her seizure by the appellee, while…
2Cases cited2 opinions
- Franklin v. WatersCourt of Appeals of Maryland · 1849
- State ex rel. Clements v. Van LearCourt of Appeals of Maryland · 1853