Legal Opinion

Bob v. Powers

Supreme Court of Arkansas

Decided January 15, 1858PublishedCited by 4 opinions

Appeal from. Yell Circuit Court. Hon. John J. Clendenin, Circuit Judge. To hold that a slave cannot be manumitted and set free under our statute, either by deed or will, would, it seems to me, be to deny the plain provisions of its language. Dig., chapter entitled Emancipation, secs. 1, 2 and 3.' It can not be urged that the case at bar does not come within the purview of the statute, without assuming a position wholly untenable.

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Appeal from. Yell Circuit Court. Hon. John J. Clendenin, Circuit Judge. To hold that a slave cannot be manumitted and set free under our statute, either by deed or will, would, it seems to me, be to deny the plain provisions of its language. Dig., chapter entitled Emancipation, secs. 1, 2 and 3.' It can not be urged that the case at bar does not come within the purview of the statute, without assuming a position wholly untenable. The deed, it is true, provides, that it shall not take effect, till a day or time in the future — until after the grantor’s death, and the slaves named therein,…

1Opinion of the CourtJustice Hanly

On the 12th of August, 1856, Bob, alias, Robert Crow, a man of color, brought an action for freedom, in the Yell Circuit Court, against John Powers. The cause was tried by a jury on the plea of not guilty, and verdict for the defendant. Pending the trial, the plaintiff excepted to several decisions of the Court, and appealed from the final judgment.

To sustain the action on his part, the plaintiff offered to read in evidence the following instrument of writing:

“ Know all men by these presents that I, Eli Crow, of the county of Yell and State of Arkansas, for and in consideration of faithful…

2Cases cited11 opinions

  1. Banks' Adm'r. v. MarksberryCourt of Appeals of Kentucky · 1823
  2. Dunn v. AmeySupreme Court of Virginia · 1829
  3. Hill's Administrators v. MitchellSupreme Court of Arkansas · 1844
  4. Catterlin v. HardySupreme Court of Alabama · 1846
  5. Keen v. MaceyCourt of Appeals of Kentucky · 1813

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In re McKenzieCourt of Appeals for the Eighth Circuit · 1905
  2. Dodd v. HoldenSupreme Court of Arkansas · 1943
  3. Farrell v. United StatesDistrict Court, E.D. Arkansas · 1909
  4. In re MckenzieDistrict Court, E.D. Arkansas · 1904

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