Townshend v. Townshend
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit Court for Prince Georges County. This is an appeal from an order of the court below, granting an injunction to restrain the appellants, who are, (except Jeremiah Townshend,) negroes, from the further prosecution of their petitions for freedom.
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Appeal from the Equity Side of the Circuit Court for Prince Georges County. This is an appeal from an order of the court below, granting an injunction to restrain the appellants, who are, (except Jeremiah Townshend,) negroes, from the further prosecution of their petitions for freedom. The bill was filed by the appellees, who, with the said Jeremiah Townshend, are the heirs at law and personal representatives of John Townshend, deceased, and states that said John having been, from the year 1794 to his death, non compos mentis, on the 24th of December 1831, and the 6th of February 1846,…
1Opinion of the CourtMason, J.
If anyone of the several objections which have been urged by the appellants’ counsel, to the regularity and validity of this proceeding, be tenable, it will constitute a sufficient ground for a dismissal of the bill.
The proper mode under our laws, by which to try the title of a negro to his freedom, is by petition filed in the circuit eourt. This right is to be asserted subject to certain restrictions and privileges, which neither party, nor no tribunal has the power to disregard. By the act of 1796, ch. 67, one of those privileges secured to both parties, consists in the right of peremptory…
2Cases cited3 opinions
- Key's Lessee v. DavisCourt of Appeals of Maryland · 1851
- Peters v. Van LearCourt of Appeals of Maryland · 1846
- Franklin v. WatersCourt of Appeals of Maryland · 1849
3Cited by3 opinions
- Feamster v. WithrowWest Virginia Supreme Court · 1878
- Jerry v. TownshendCourt of Appeals of Maryland · 1856
- Evans v. HoranCourt of Appeals of Maryland · 1879