Webb v. Pindergrass' Adm'x.
Superior Court of Delaware
Assumpsit. In this case the administratrix, who was a colored woman, was offered to prove a book of original entries, kept by her for her husband, showing the number of bushels of ashes sold and delivered to B. Webb. Her testimony was objected to; 1st, as a person of color; and 2d, as incompetent to prove the books of her husband, except so far as she made the entries herself.
1Opinion of the Court
By the Court.
—The act of assembly of 1787, sec. 8, (Dig. 407,) recognizes in colored persons the right to hold property, and to obtain redress in law and equity for any injury to person or property; and the act of 25 Geo. 2, (Dig. 89,) as to articles properly chargeable in account, makes the oath of the plaintiff, together with a book regularly and fairly kept, evidence in all cases to charge the defendant. It would be idle to recognize in persons of color the right to hold property; and to obtain redress in law and equity for injuries to person or property; if the means of this redress be…
2Cases cited1 opinion
- Hendrickson v. Continental Fibre Co.Superior Court of Delaware · 1927