(DOWNLOAD) "Joseph Wallingsford, Plaintiff in Error v. Sarah Ann Allen" by United States Supreme Court # Book PDF Kindle ePub Free

July 16, 2021

eBook details

Title: Joseph Wallingsford, Plaintiff in Error v. Sarah Ann Allen
Author : United States Supreme Court
Release Date : January 01, 1836
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 76 KB

Description

This was a petition in the court below, by the appellees, for freedom; complaining that they were unjustly held and claimed by the appellant as his slaves. The petitioner gave in evidence a deed of manumission for herself and two children, from one Rachel Wallingsford. Her third child was born after she was manumitted. It appears that Rachel Wallingsford resided in Washington several years previous to the date of the deed of manumission, living apart from her husband, the appellant: that she had a suit pending against him in Maryland, where he resided, for alimony, and had been allowed, by the order of the court, 120 dollars per annum, pendente lite. Some time after this allowance had been made, her husband gave her the petitioner, Sarah Ann, and some other property, in discharge of her alimony: that after this agreement between them, the said Rachel continued to live in Washington until her death, having kept Sarah Ann in her service until the deed of manumission was executed. After the death of Mrs Wallingsford, the appellant claimed Sarah Ann and her children as his slaves. All of the children were born after Sarah Ann was given up by the appellant to Mrs Wallingsford. The appellant proved, at the time the deed of manumission was made, that Rachel Wallingsford was his lawful wife. It also appears, by a petition filed by the appellant in the county court of Prince George county, Maryland, to get the interlocutory order for alimony suspended, and which is in evidence in the cause, that the appellant and his wife, having had repeated disagreements, as she alleged on account of her husband's habitual incontinency with a woman in their own house, Mrs Wallingsford left her habitation and refused to live with him. The charge of incontinuency is denied by the husband; but he admits, after his wife's departure, and upon her refusing to comply with his solicitations to return and live with him, that by an express agreement between them, he gave to her the woman Sarah Ann and other property, with two notes of hand, one for 120 dollars and the other for 200 dollars; in all amounting to 900 dollars; which was the amount the wife brought with her when they were married, and of which the appellee Sarah Ann was a part. This was to be received by the wife in full of all further claim for support; and the husband was to be discharged from the payment of alimony decreed by the court. Wallingsford having refused to pay the notes of hand, and the suit for alimony being still pending, the parties again met, and a final separation took place between them; upon the footing, that the wife was to retain the woman Sarah Ann; that each was to retain besides, 'the property each had, and to be quits for ever.' In consideration of the husband having agreed to this, the wife agreed to yield her claim for alimony, granted by the interlocutory order of the court, and was to discontinue her suit.