Toogood v. Scott
Court of Appeals of Maryland
THIS was a petition for freedom ; the petitioner claiming her freedom by reason of Her being a descendant from a free white woman. ¡ At the trial of the cause the following bill of exceptions "was taken. The defendant offered evidence, that the petitioner-■was the daughter of a certain Ann Fisher;'and also produced in evidence, the following judgment, to wit: “ Ann Fisher against John Beale.
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THIS was a petition for freedom ; the petitioner claiming her freedom by reason of Her being a descendant from a free white woman. ¡ At the trial of the cause the following bill of exceptions "was taken. The defendant offered evidence, that the petitioner-■was the daughter of a certain Ann Fisher;'and also produced in evidence, the following judgment, to wit: “ Ann Fisher against John Beale. “ To the worshipful, the Justices of Anne Arundel County: The petition of Ann Fisher humbly showeth, that your petitioner’s grandmother was a white woman, who served her time in Saint Mary's Cdunty,’ who…
1Opinion of the Court
*29The judgment against Ann Fisher can be no bar £o her issue, because they do not claim under her, and because also such a determination would involve this absurdity in it; that the judgment of the County Court, on a petition of the mother, would preclude the General Court from the exercise of their opinion on a petition preferred by the child, before the petition was fded in the County Court by the mother.
By the act of assembly of 1715, c. 44. § 31. the General Court and the County Courts have concurrent jurisdictions in cases of petitions for freedom. “ It shall be lawful for the Provincial…
2Cited by12 opinions
- Baugher v. MerrymanCourt of Appeals of Maryland · 1870
- Koogle v. ClineCourt of Appeals of Maryland · 1909
- Showman v. MillerCourt of Appeals of Maryland · 1854
- Keller v. KunkelCourt of Appeals of Maryland · 1877
- Bannon v. ComegysCourt of Appeals of Maryland · 1888
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