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In 1834, brand new plaintiff try a beneficial negro servant owned by Dr

29 Oct

In 1834, brand new plaintiff try a beneficial negro servant owned by Dr

In 1834, brand new plaintiff try a beneficial negro servant owned by Dr

Lizzie is mostly about eight years old, and you will was born in the state of Missouri, from the army post titled Jefferson Barracks

To this plea there is certainly good demurrer from the typical mode, which was contended for the April, 1854, if judge offered judgment the demurrer is going to be suffered.

In may, 1854, this new offender, inside the pursuance out-of a contract anywhere between guidance, and with the exit of your legal, pleaded during the club of one’s action:

  1. Simple.
  2. The plaintiff try good negro servant, new legal possessions of offender, and you will, as such, the newest accused softly applied his hands up on your, and you can thereby had simply restrained your, while the descendant got a directly to perform.
  3. That with respect towards wife and you can daughters of plaintiff, about 2nd and third matters of declaration said, this new offender got, as to all of them, merely acted in the same manner, and in virtue of the identical right.

In the 1st of them pleas, new plaintiff joined procedure; also to the next and third registered replications alleging the defendant, away from his very own incorrect and you may without the trigger in the next and you will 3rd pleas so-called, the time the newest trespasses, &c.

Emerson, who had been a surgeon about armed forces of the Us. In this seasons, 1834, told you Dr. Emerson grabbed the plaintiff in the State out-of Missouri for the army post on Rock Island from the State away from Illinois, and you can held him truth be told there just like the a servant through to the week out of April otherwise Will get, 1836, At that time last mentioned, told you Dr. Emerson removed the new plaintiff of said army post at the Material Isle with the armed forces post within Fort Snelling, situate for the western lender of your own Mississippi lake, from the Region also known as Higher Lousiana, gotten from the You out of France, and built north of the latitude regarding 30-half dozen values a half hour north, and you can north of your own County from Missouri. Told you Dr. Emerson kept the latest plaintiff in the slavery at the told you Fort Snelling, RevisГµes do zoosk off said history-said day before 12 months 1838.

In the year 1835, Harriet that is named throughout the 2nd count of the plaintiff’s statement, was new negro slave of Major Taliaferro, whom belonged toward armed forces of your United states. For the reason that season, 1835, told you Significant Taliaferro grabbed told you Harriet to told you Fort Snelling, an army post, based as hereinbefore stated, and you can leftover their own truth be told there as the a slave up until the year 1836, following ended up selling and you will introduced her once the a slave on said Fort Snelling unto the told you Dr. Emerson hereinbefore named. Said Dr. Emerson held said Harriet when you look at the slavery on told you Fort Snelling up to the entire year 1838.

Emerson eliminated the fresh plaintiff and told you Harriet and their said daughter Eliza, off said Fort Snelling into State out of Missouri, where they have from the time stayed

Around 1836, the new plaintiff and you may told you Harriet, at the said Fort Snelling, on the concur regarding said Dr. Emerson, whom up coming stated as its learn and you will proprietor, intermarried, and you can got one another to have couple. Eliza and Lizzie, titled from the 3rd count of plaintiff’s report, could be the fruit of that relationships. Eliza is all about fourteen yrs . old, and you will came to be onboard the brand new steamboat Gipsey, northern of the northern distinctive line of the state of Missouri, and you can abreast of the fresh new lake Mississippi.

Till the beginning of suit, said Dr. Emerson offered and you will conveyed brand new plaintiff, said Harriet, Eliza, and you will Lizzie, to the offender, once the submissives, and the defendant have since that time said to hold all of them and every one of them since the submissives.

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