Barbara: Freedom Suit, Scott County
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of frauds is plead, and the bill alleges a contract for life, [illegible] which the children's freedom is claimed. It will be seen by the said record, that in hour 1830, three years and 2 months, after the filing of the bill and granting the injunction, and 2 years and 11 months after your petitioners answer was filed and notice given to dissolve, the said court, upon your petitioner's motion refused to dissolve this injunction or to dismiss the bill, and continued the cause without any proof, other than that, then and now, contained in the accompanying record; which order, as well as the first one made in the cause, are conceived to be erroneous, for the reasons above assigned, as well as for many others to be assigned at bar. Your petitioner also conceives that there has been improper and unreasonable delay, of this cause in the said county court, and that a removal of the same to the Superior Circuit court holden for the county of Scott, is necessary in order to the settling of the principles in said cause. His prayer therefore is that your Honor would grant him an appeal from either of the said orders made in said cause; or that if that be deemed inexpedient or illegal, that your Honor will direct a writ of certiorari to issue to procure the said cause to be removed into the said circuit Superior court of Law and Chancery holden at Scott Courthouse. And your petitioner will ever pray, & c.
I do hereby certify, that in my opinion, there is sufficient matter of error for reversing the decrees mentioned in the foregoing petition, and that an appeal therefore ought to be allowed to the Superior Court of Law and Chancery for Scott County. Given under my hand this 9th. day of September 1831.
Samuel Logan, Atto. for Deft.