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4 D.C. 187

Mary v. Talburt

Decided December 15, 1831

Petition for freedom. prayed the Court to instruct the jury, that if the petitioner was brought here from Virginia by her lawful owner, and afterward ran away, and her owner sold her running, supposing her to be then in Virginia; the running away in fraud of the law will prevent the slave from the benefit of the provision in her favor.

Decided 1831-12-15

Thruston, J.,

¶1stated the construction of the statute to be this :

¶2By the 1st section of the Maryland Act of 1796, c. 67, a slave imported, for sale or to reside, is free.

¶3The 2d section contains an exception in favor of those who come here to reside.

¶4The 3d section is an exception to the 2d so as to prevent it from operating in favor of an owner so removing, who shall sell the slave within three years after his removal.

¶5The Court said that Thruston, J., stated the law correctly, as it had been decided lately in a case in Alexandria, in which Mr. Taylor was engaged. Negro Harris v. Nelly Alexander, at April term, 1830, [ante, 1.]

¶6The Court refused to give the instruction prayed by Mr. Coxe.

¶7Verdict for the petitioner.

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