Lewis v. Fullerton
Supreme Court of Virginia
Lewis an infant, by Milly his mother, brought suit in forma pauperis in Cabell county, against William Fullerton and Jane Rodgers, to establish his freedom. There was a verdict for the defendant, given under instructions by the court, and exceptions filed, which shewed the following case.
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Lewis an infant, by Milly his mother, brought suit in forma pauperis in Cabell county, against William Fullerton and Jane Rodgers, to establish his freedom. There was a verdict for the defendant, given under instructions by the court, and exceptions filed, which shewed the following case. In March 1808, Milly the mother of the plaintiff, together with Naise her husband, applied for a writ of habeas corpus in Gallia county, Ohio, to bo delivered from the custody of John Rodgers, who claimed them as slaves. The writ was granted ; and upon a hearing of parties and witnesses at a subsequent day,…
1Opinion of the Court
Judge Roane,
delivered the opinion of the court:
The court is of opinion, that there is no error in the opinions of the Superior Court, impeached by the 2d and 3d exceptions. The reasons in support of those opinions, are so clear and self-evident, that they need not he adverted to.
Nor is there any error in the other opinions of that court, objected to by the appellant, and which go to the merits of his title.
The appellant claims his right to freedom, on three grounds: 1st, on the right to freedom alleged to have been acquired by bis mother, prior to his birth, by having sojourned within the…
2Cited by15 opinions
- Jackson v. BobSupreme Court of Arkansas · 1857
- Anderson v. PoindexterOhio Supreme Court · 1856
- Dred Scott v. SandfordSupreme Court of the United States · 1857
- Dred Scott v. SandfordSupreme Court of the United States · 1857
- Foster's adm'r v. FostersSupreme Court of Virginia · 1853
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