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

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(5) her she will be able should her said children be sold to purchase them herself and so prevent them and their offspring from being forever enslaved, but if they are sold under the present Decree that awful consequence must follow. All which actings &c. are contrary to equity &c. Your oratrix further states that Isaac Richmond, who intermarried with one of the said Stephen Osborn daughters, is claiming not only the share of his said wife in your oratrix said children, but the share of five others of the heirs and distributees of the said Stephen by purchase from them, and has executed a deed of trust for the six shares there claimed by him, to one John S Martin as Trustee to secure one Jonathan Osborn against a responsibility which he encured to Benjamin Estill Esq'r by becoming the security to him for the said Richmond, which will more fully appear by the said deed, recorded in this Court, and which is here refered to and prayed to be taken as a part of this bill. Under this deed, contrary to the rights of the said children to their freedom, the said Trustee without the interposition of this Court, may proceed to sell the said children of your oratrix, and they may be removed by the purchaser beyond the jurisdiction of the Court, and when they may be unable to assert their rights. The prayer of your oratrix, is that the same persons both pltff and Defendants in said suit and all the partners to the said Deed of Trust may be made Defendants to this bill, and that they may be compelled to answer the same fully as if again set out by way of interogatories. That the said conditional decree to sell the said children may be set aside. That the Trustee under the said Deed of Trust be restrained from executing the same. That your oratrix may be permitted as their guardian to defend them against the said bill and said deed for the sale of them, and to prove while the witnesses are living and before the said children are removed to parts unknown their right to freedom, and for that purpose an issue may be directed to try the fact of their right to freedom under the said contract and that your oratrix may be permitted to defend their right without being subject to costs. And that such other