Betty v. Horton
Supreme Court of Virginia
This was a suit in forma pauperis, for the recovery of freedom, brought in 1828, by Betty, Pleasant, and their children against Horton, in the circuit court of Kanawha, The pleadings were in the usual form, and the issue made up on the question, whether the plaintiffs were bond or free ? The jury found a special verdict, stating, that one Bla,ke, who was born in the state of Massachusetts, when a young man, removed to the county of Southampton, Virginia, married there, and…
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This was a suit in forma pauperis, for the recovery of freedom, brought in 1828, by Betty, Pleasant, and their children against Horton, in the circuit court of Kanawha, The pleadings were in the usual form, and the issue made up on the question, whether the plaintiffs were bond or free ? The jury found a special verdict, stating, that one Bla,ke, who was born in the state of Massachusetts, when a young man, removed to the county of Southampton, Virginia, married there, and received with his wife two slaves, the plaintiffs Betty and Pleasant. That some time after his marriage, and in the year…
1Opinion of the CourtCabe, J.
I think it clear, upon the findings in this special verdict, that Blake never lost the character of citizen of Massachusetts which he had by his birth. He removed to Virginia, married a wife here, received the two slaves with her, and returned, with his wife and child, and the two slaves, to Massachusetts. This might all have been done in a residence of twelve months. The jury finds no decía*621ration made by him of any intention to make a permanent settlement in Virginia; no house or land bought; no business followed; nothing to distinguish him 1'rom a sojourner in the land. He married a citizen…
2Cases cited2 opinions
- M'Michen v. AmosCourt of Appeals of Virginia · 1826
- Garnett v. SamSupreme Court of Virginia · 1817