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Barbara: Freedom Suit, Scott County

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To His Honor Benjamin Estill Judge of the fifteenth circuit of the circuit superior court of law and chancery. The petition of Jonathan Osborne of the county of Scott respectfully represents, that on the 11th day of September 1827, Barbara, who styles herself a free woman of colour, filed her bill, in the county court of chancery of Scott county in the words copied in the record herewith exhibited and obtained on injn. against your petitioners & his trustee. And also by the accompanying record will be seen the copy of the answer of your petitioner's demurrer and answer, as well as all the proceedings of the court in the cause, and the exhibits. From the 11th day of September 1830, till the 11th day of November 1830, the accompanying record shews the proceedings, from all which the following errors will appear to your Honor, 1st the demurrer should have been sustained upon the motion to dismiss the bill, for reasons apparent upon the bill. Or 2nd The cause being set for hearing by the deft, your petitioner in February 1830, upon a motion made by him at any time thereafter for that purpose, the injunction should have been dissolved and the the bill dismissed, because, 1st the complt. Barbara could not sue for her children in that form, let their claim to freedom be good or otherwise; they ought to have sued in forma pauperis under the statute, & 2nd The bill shews the suit to be that of Barbara to sue for the freedom of her two children, whilst the court by its order, attempts on the 11th day of Sept 1827, to change the character of the suit, from the name of said Barbara, to that of her, as guardian ad litem to her children, Washington and Lucinda, and to permit her to sue for their freedom in that form, which form is conceived to be as exceptionable as the other. If they are slaves, they can have no guardian under the law of Va. 3rd Because from Sept 11th 1827 till Novr. 11th 1830 the complt. had produced as evidence supporting any one material allegation of the bill, nor had she yet done so. 4th If all the evidence were offered, which could legally be offered under the bill, it could not avail; because the statute