Legal Opinion

Garnett v. Sam

Supreme Court of Virginia

Decided April 1, 1817PublishedCited by 8 opinions

ON the trial of the usual issue, in an action, for freedom instituted in July, ¡811, on behalf of the Appellees, against (he Appellant, in the County Court of Spottsylva nia, the plaintiffs offered in evidence two affidavits, shewing that they were brought into this State, by water, in the month of June 1787, according to one, and between 1787 and 1790, according to the other; that a Mr. Peck, who moved from the State of New Jersey to Virginia, said that he had brought them…

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ON the trial of the usual issue, in an action, for freedom instituted in July, ¡811, on behalf of the Appellees, against (he Appellant, in the County Court of Spottsylva nia, the plaintiffs offered in evidence two affidavits, shewing that they were brought into this State, by water, in the month of June 1787, according to one, and between 1787 and 1790, according to the other; that a Mr. Peck, who moved from the State of New Jersey to Virginia, said that he had brought them with him; that he treated Sam more like a white man íhan a slave; that be said, that Sam was as free as he was, and…

1Opinion of the Court

April 1st, 1817,

Judge Roane

pronounced the Court’s opinion.

The Court is of opinion that the case made by the second BUI of Exceptions in this cause is, that of the Appellee’s having been brought into this state subsequent to the year 1786, and of a claim asserted to them by the Appellant, on th® ground that the Oath, prescribed by the 4th section of the Act of 1792, (1 R. C. ch. 103,) has been duly taken by him, or those, under whom he claims; in exclusion of the other grounds of claim, authorized by the last clause of the same section.

On this case the Court is farther of opinion, that the…

2Cited by8 opinions

  1. M'Michen v. AmosCourt of Appeals of Virginia · 1826
  2. Betty v. HortonSupreme Court of Virginia · 1833
  3. Lee v. TapscottCourt of Appeals of Virginia · 1796
  4. Lee v. TapscottCourt of Appeals of Virginia · 1796
  5. Lee v. TapscottCourt of Appeals of Virginia · 1796

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