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23 F. Cas. 1032

Thompson v. Clarke

U.S. District Court

Decided December 15, 1817

U.S. District Court · decided 1817-12-15

This was a petition for freedom [by Jo. Thompson, a negro, against Walter Clarke]. John Thompson by his will dated December 31st, 1804, devised, that if his wife should not have a child within nine months after his death, the petitioner, his slave, should be free after ten years service.

Decided 1817-12-15

THE COURT

¶1(nem. eon.) stopped Mr. Key in reply, and refused to instruct the jury that the petitioner was not entitled to freedom under the will.

¶2Verdict for the petitioner, and judgment. Although the title of several other of the slaves depended upon the same will, no writ of error wras issued. See the case of Fenwick v. Chapman, 9 Pet. [34 U. S.] 461, accord.

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