Pierce v. John
Court of Appeals of Maryland
Appeal from the Circuit court of Prince Georges county. This was a petition for freedom filed by the appellee, who claimed his freedom under the will of Richard Pierce. The case was tried upon the issue of freedom vel non. 1st Exception.
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Appeal from the Circuit court of Prince Georges county. This was a petition for freedom filed by the appellee, who claimed his freedom under the will of Richard Pierce. The case was tried upon the issue of freedom vel non. 1st Exception. This exception was taken by the defendants (the present appellants,) to an order passed by the court, (Chain, J.,) before the trial, requiring them to enter into a recognizance in the sum of $2500, conditioned not to remove the petitioner out of the Slate, nor obstruct him from attending the court in support of his petition. 2nd Exception. The petitioner…
1Opinion of the CourtEccleston, J.
The first prayer granted by the court at the instance of the appellee is, that “if the jury believe from the evidence, that Rowles and wife received the said negro John from the executor of Richard Pierce, as a part of her residuary legacy under *34the will of Richard Pierce, and also received her distributive share of the whole of the said estate- of said testator, then it is not competent for said defendants to set up any title to the' said negro John, inconsistent with the title asserted by the testator in his last will and testament.” The court were wrong in giving this instruction, if for…
2Cases cited1 opinion
- Marriott v. BadgerCourt of Appeals of Maryland · 1853
3Cited by1 opinion
- Winchester & Lexington Turnpike Co. v. Wickliffe's Adm'rCourt of Appeals of Kentucky · 1897