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Barbara: Freedom Suit, Scott County (Part 1 of 2)

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To His Honor Benjamin Estill, Judge of the 15th circuit of the circuit superior court of law & 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 chancery in the county court of Scott, in the words copied in the record herewith exhibited, and obtained an injunction against your petitioner & his trustee as is apparent by said record. To which bill it will be seen your petitioner received & answered. Upon the accompanying record, the following, as well as divers other errors, to be suggested at bar, will appear. 1st It will appear from the bill, that a court of equity has no jurisdiction of the cause: and that if they the slaves have any right it is one which can & ought to be sued in a court of law, in forma pauperis, according to the statute. 2nd The claim of the slaves to freedom, made in the bill appears by the bill to be derived from contract with a free person: that free person, (if any one could sue,) ought to have sued; for rights could not accrue to slaves, whilst such, by the contract of third persons. 3rd If it is a free person who sues in this cause, (as appears by this record) then the court ought not to have injoined the deft & his trustee, without the [counsel's?] giving security as in common cases of injunction, for the debt, damages &c. 4th Three years and 2 months after filing the bill & granting the injunction, & 2 years & 11 months after your petitioner's demurer & answer were filed & notice given to dissolve, & nine months after the cause was set for hearing by the deft Osborne, to wit, at Nov'r term 1830, your petitioner by his counsel moved the said county court, to dissolve the injunction & to dismiss