Barbara: Freedom Suit, Scott County (Part 1 of 2)
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[Page} (6) and further relief may be extended to your oratrix and her said children as to equity belongs, and is suited to her case. May it please your worships to grant &c. (that part of this Bill preceeding "and contrary to equity &c." & a portion of the prayer thereof, was [drew?] in May 1826, filed & the prayer granted but no process taken out thereon - this note is entered, to enable the reader to understand correctly certain dates therein given.) And thereupon the Court entered the following order to wit. "On the Motion of Barbara a free woman of colour, who filed her bill and made oath thereto in Court, against the heirs of Stephen Osborn dec'd and others Defts, praying on behalf of her infant children James Washington and Lindey to be made parties to a suit in Chancery brought in said Court by William Robinson against Jonathan Osborn & others, praying for a sale of the said children. The Bill of the said Barbara suggesting that the said children are entitled to there freedom, and praying to set aside the conditional decree made in the said suit brought by William Robinson directing the sale of the said children, and praying also to restrain John S Martin a Trustee under a deed of Trust executed to him by Isaac Richmond to secure Jonathan Osborn for a debt for which he had become security for the said Richmond to Benjamin Estill. And also that the said Barbara may be appointed guardian ad litem for the said children and be permitted to sue in this Court for them as their guardian, for their freedom without costs, all of which was accordingly ordered by the Court pursuant to the prayer of said bill. And it is further ordered "that the Sheriff of this County take possession of the said children, and hold them in his possession in safe keeping to answer the final decree of this Court in the premises, unless the Defendants of the said bill or some one of them shall enter into bond with good security in the sum of one thousand dollars conditioned as the law directs to have the said children forthcoming to answer the final decree of this Court in the premises, whereupon Jonathan Osborn together with Griffith Dickinson, David Sloan & William Bickley his securities entered into and acknowledged
(7) their bond payable to the Governor and his successors, with condition as required by law and the foregoing order. And thereupon the possession of the said children is restored to him. And a subpoena is directed to issue in favour of the said children by their said guardian against the said Defts, to bring them in to answer the said bill." Whereupon a subpoena, and afterward an alias subpoena issued against the Defts, which with the endorsements & returns thereon and in these words to wit Spa - "The Commonwealth of Virginia to the Sheriff of Scott County greeting. We Command you to summon Jonathan Osborn, William Osborn, James Osborn, John Osborn, William Kilgore and Jane his wife, John Dollarhide and Jemima his wife, Isaac Richmond and Esther his wife, Jonathan Osborn and Betsey his wife, Jeremiah [Herato or Herald?] and Sarah his wife, Samuel Alley and Polly his wife and John S Martin to appear before our Justices of our Court of Scott County, at the Courthouse on the second Tuesday in October next, to answer a bill in Chancery exhibited against them by Barbary a free woman of colour guardian ad litem for her infant children James Washington and Lindey. And this they shall in no wise omit under the penalty of $333.33% And have then there this writ, Witness John M Henry Clerk of our said Court at the Courthouse this 15th day of September 1827 in the 52nd year of the Commonwealth. John S. Martin DC" Endorsemt - "To restrain John S Martin the Trustee in a deed of trust, containing the Complainants said infant children from acting thereon - and setting aside a conditional decree to sell the said infant children entered in a suit depending in the Court of Scott County, wherein the Deft William Robinson is [consylt?] and all the other heirs of Stephen Osborn dec'd Defendants, untill the further order of the Court. Attest John S Martin DC" Return - "Ex'd on Jn'o Dollerhide & Jemma his wife, 2nd Jonathan Osborn, 8th John S Martin. Not ex'd on Wm Kilgore & Jane his wife for want of time, John Osborn not found. Not executed on Wm Osborn, James Osborn, Jonathan Osborn & Betsey his wife, Isaac Richmond & Easter his wife, Jeremiah [Herato or Herald?] & Sarah