Legal Opinion

Cornish v. Willson

Court of Appeals of Maryland

Decided June 15, 1848PublishedCited by 15 opinions

Appeal from Dorchester County Court. This was a petition for freedom, filed on the 22d October, 1846, by the appellant against the appellee. The petition alleged that the petitioner is held in bondage by Jacob Willson of said county, and is claimed by him as his slave. The petitioner alleged himself to be free, and entitled to enjoy his liberty, and therefore prayed the court to grant him his freedom, &c.

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Appeal from Dorchester County Court. This was a petition for freedom, filed on the 22d October, 1846, by the appellant against the appellee. The petition alleged that the petitioner is held in bondage by Jacob Willson of said county, and is claimed by him as his slave. The petitioner alleged himself to be free, and entitled to enjoy his liberty, and therefore prayed the court to grant him his freedom, &c. The defendant pleaded that Stephen Cornish is not entitled to his freedom, &c. 1st Exception.—At this trial of this cause, the plaintiff offered in evidence the last will of Bcachamp Harper,…

1Opinion of the CourtDorsey, J.

It being insisted that the reversal of the judgment before us is the inevitable result of the decision of the Supreme Court of the United States, in the case of Fenwick vs. Chapman, reported in 9 Peters, 461, it becomes our duty carefully to examine it in all its bearings, and to give to it that influence on the case before us, which the decisions of that elevated and learned tribunal ought always to exert over the judicial tribunals of the several States of our Union. From the nature of the matters in controversy, it is not, however, a case in which the Supreme Court have exercised its…

2Cases cited2 opinions

  1. Fenwick v. ChapmanSupreme Court of the United States · 1835
  2. Allein v. SharpCourt of Appeals of Maryland · 1835

3Cited by15 opinions

  1. Alexander v. WorthingtonCourt of Appeals of Maryland · 1853
  2. Hill v. DenCalifornia Supreme Court · 1879
  3. White v. KauffmanCourt of Appeals of Maryland · 1886
  4. Cecil v. RoseCourt of Appeals of Maryland · 1861
  5. Getchell v. RustCourt of Chancery of Delaware · 1899

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