Legal Opinion

Sibley v. Maria

Supreme Court of Florida

Decided January 15, 1849PublishedCited by 1 opinion

This was an action of trespass, instituted by the appellee in the Circuit Court of Leon County, at the Spring .Term, 1847, for the purpose of establishing her right to freedom, under the will of WiL liam Oliphant, made in South Carolina in 1827, and admitted to probate in that State in 1828. The defendant pleaded not guilty, and that plaintiff was a slave. The case was tried at the Spring Term, 1848, before the Hon. Thomas Baltzell, Judge, presiding in said Court.

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This was an action of trespass, instituted by the appellee in the Circuit Court of Leon County, at the Spring .Term, 1847, for the purpose of establishing her right to freedom, under the will of WiL liam Oliphant, made in South Carolina in 1827, and admitted to probate in that State in 1828. The defendant pleaded not guilty, and that plaintiff was a slave. The case was tried at the Spring Term, 1848, before the Hon. Thomas Baltzell, Judge, presiding in said Court. After the proofs were submitted to the jury, and after argument of counsel, the Court charged the jury as follows, viz : That it…

1Opinion of the Court

Opinion by

Justice Hawkins ;

*561This was an action of trespass brought by the appellee, Maria, a woman of color, against Sibley, who claims her as a slave.

To sustain the action, the will of William Oliphant of Edgefield District, South Carolina, was introduced, the plaintiff claiming her freedom by virtue of a clause contained in it in the following words, to wit:

“ Item 16th and lastly, I give and bequeath to my nephew, William C. Hollingsworth, all the remaining part of my estate, both real and personal, including my interest in a house and lot in the city of Augusta, in the State of Georgia,…

2Cases cited3 opinions

  1. Bank of United States v. DandridgeSupreme Court of the United States · 1827
  2. T. & W. Brandon v. Planters & Merchants' Bank of HuntsvilleSupreme Court of Alabama · 1828
  3. Le Grand v. DarnallSupreme Court of the United States · 1829

3Cited by1 opinion

  1. May v. MaySupreme Court of Florida · 1857

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