Barbara: Freedom Suit, Scott County (Part 1 of 2)
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Osborne appellant v Barbara a free woman of colour appellee This cause, an appeal from interlocutory orders and decrees of the county court of Scott, pronounced on the 11th day of Sept'r 1827, came on to be heard this 10th day of April 1832 upon the transcript of the record and proceedings of the said county court, and was argued by counsel, on consideration whereof the court is of opinion that the said interlocutory decrees and orders are erroneous, and doth therefore reverse the same and the court being further of opinion that no relief can be extended to the appellee in any possible event, upon the case presented in this record and that the bill of the complt is properly demurable to, and perceiving no good reason for retaining the cause longer here, for the introduction of testimony which in the opinion of the court could not avail the appellee upon the case presented in the pleadings and papers in the cause, and the parties by the counsel consenting that a final disposition of the cause be now made, therefore it is ordered adjudged and decreed that the bill of the appellee be dismissed as the same is accordingly hereby dismissed, but without prejudice to any suit either at law or in equity which the appellee or her children James Washington & Lucinda may be advised hereafter to institute for the recovery of there freedom. And the court perceiving that this suit was intended to be brought prosecuted in forma pauperis and that the said county court intended to give the appellee leave so to sue, though the forms of such proceeding have not been observed, doth refuse to decree costs against the appellee or in favour of either party.