Peters v. Van Lear
Court of Appeals of Maryland
Appeal from the Equity side of Washingforó coúnty court. The bill in' this cause was filed on the 12th May 1842, by Caesar Peter's, Thomas Clemens, Alexander Clemens', Henry Jones, Isaac Clemens, Nathan Mingó', Margaret Pierce, and Sophia Clemens, colored persons, residing in Washington county, and alleged, that they were, during the lifetime of Mary Van Lear, of, &c., and at the time of her death the servants and slaves of the said Mrs. V. L. That in or about the year 1828,…
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Appeal from the Equity side of Washingforó coúnty court. The bill in' this cause was filed on the 12th May 1842, by Caesar Peter's, Thomas Clemens, Alexander Clemens', Henry Jones, Isaac Clemens, Nathan Mingó', Margaret Pierce, and Sophia Clemens, colored persons, residing in Washington county, and alleged, that they were, during the lifetime of Mary Van Lear, of, &c., and at the time of her death the servants and slaves of the said Mrs. V. L. That in or about the year 1828, the owner'of your orators departed this life, leaving her last will and testament, which contains a provision in the…
1Opinion of the Court 1
Magruder, J.,
delivered the following dissenting opinion:
The plaintiffs in error acknowledged themselves to be in a state of slavery, and as slaves, appear in chancery to seek redress. If they were now entitled to their freedom, it must be conceded, that they could not, while in their present condition, ask for any purpose the aid of that court. It is to get a title which they as yet have not, and then to assert that title in a court of law, that their bill of complaint is filed.
The mistress of these persons had, by her will, authorised her executors to manumit them, leaving it to those…
Also in this document: Opinion of the Court · Martin.
2Cases cited3 opinions
- Fenwick v. ChapmanSupreme Court of the United States · 1835
- Queen v. NealeCourt of Appeals of Maryland · 1810
- Wicks v. ChewCourt of Appeals of Maryland · 1819
3Cited by12 opinions
- Hall v. United StatesSupreme Court of the United States · 1876
- Ex parte ShipleyCourt of Appeals of Maryland · 1853
- Chase v. PlummerCourt of Appeals of Maryland · 1861
- Crawford v. CrawfordCourt of Appeals of Maryland · 1972
- Kunkel v. MarkellCourt of Appeals of Maryland · 1867
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