Williams v. Johnson
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County. This was an action of trover brought ■ by Bachel Williams, the appellant’s intestate, on the 15th of October, 1860, in the Circuit Court for Anne Arundel county, against John Johnson, the intestate of the appellee, whereby she sought to recover the value of a certain negro man, her slave.
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Appeal from the Circuit Court for Howard County. This was an action of trover brought ■ by Bachel Williams, the appellant’s intestate, on the 15th of October, 1860, in the Circuit Court for Anne Arundel county, against John Johnson, the intestate of the appellee, whereby she sought to recover the value of a certain negro man, her slave. At the October Term, 1860, of that Court, the defendant was summoned and appeared by his counsel, who at April Term following entered a general demurrer to the nar., to which there was a joinder. At April' Term, 1862, the demurrer, not having been disposed of,…
1Opinion of the CourtRobiNSON, J.
This was an action of trover, to recover the value of a negro slave. At the time of the institution of the suit, negro slavery *505existed in this State, and the sole question raised by the demurrer is, whether its abolition by the Constitution of 1864, operates as a bar to the plaintiff’s recovery.
The radical error, which underlies the argument of the appellee’s counsel, is the assumption, that negro slavery, as it existed in this State, was the creature of statutory law. Various acts, it is true, may be found from the earliest period of colonial legislation in which it was recognized and…
2Cited by21 opinions
- Callet v. AliotoCalifornia Supreme Court · 1930
- Ireland v. ShipleyCourt of Appeals of Maryland · 1933
- Kelch v. KeehnCourt of Appeals of Maryland · 1944
- James v. Oakland Traction Co.California Court of Appeal · 1909
- Wittel v. BakerCourt of Special Appeals of Maryland · 1970
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