Barbara: Freedom Suit, Scott County (Part 1 of 2)
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[Page] (10) silver, in pursuance to that contract; and he contends that if such contract had existed, as it is stated, that it can avail nothing in this or any other suit, and he now relies on the statute of frauds and perjuries in his defense. This deft however will here state that the whole of the statement made in the bill in relation to Austin Day & his contract, is false as far as the Defendant knows anything about it, except that it is true, that said Day cropped with said Stephen's two or three years, and that he was only received by said Stephen as a cropper, that is, that said Day was to work upon the farm and receive a portion, perhaps one fourth, of the crop he might raise for his services. He does not consider it material to answer anything in relation to the charge of this deft's conduct towards Austin Day, as to driving him off from the farm, & in relation to that other gross vulgarity mentioned in the bill, yet he here positively denies evry word thereof as to himself, and he believes that there are none of the children of his father but what could truly so deny. This deft also denies that his father ever intended to free the said two slaves by his will; & he denies that said Stephen was prevented from saying anything that he chose to say about his said two slaves, by his children, near the death of said Stephen or at any other time; and he contends that if it were true that said Stephen intended to declare anything in relation to the freedom of said two slaves at the close of his life & had ever made such declaration as that alleged, that it could not avail the said Barbara or the said two children anything. This deft further states that Stephen Osborne had ten children & that he is one of them; that he has purchased the interest in said two slaves of four of the said children & heirs of said Stephen, & that thus he is entitled to the one half of the value of said Slaves; and that Isaac Richmond, who married one of the defts Sisters, was the owner by purchase & by right of his wife, of the other half. That some years ago said Richmond, became indebted to Benjamin Estill Esqr in the sum of $200, and (11) this deft became said Richmond's security for the payment thereof; That said Richmond to secure this deft executed a deed of Trust conveying his interest, one half as aforesaid, of those slaves to John S Martin as trustee for the benefit of the deft. This deft has lately been compelled to pay the said two hundred dollars as such security & will be obliged to pay about $50. more of interest and costs and this deft & the Trustee would have made a sale of said slaves pursuant to the condition of said trust deed some time ago, but for the restraining order of this court so that this deft is the only person immediately interested in the said two slaves. This deft denies that if the alegations of the plts bill were wholly true, that the plt has any right to freedom, or to recover the said slaves in any other way. He however expressly denies the material alegations of the bill, not admitted in this answer, and calls upon the plt for proff thereof. He denies all right of the plt to sustain this suit, by the laws of this Commonwealth, and prays that the said restraining order be dissolved, & that he be permitted to make a sale of the said slaves, according to his legal and equitable rights. And this deft having thus fully answered the said bill or so much thereof, as he is advised is material for him to answer, prays to be hence dismissed with his costs &c Logan
Scott County to wit. This day Jonathan Osborn made oath before me Hiram Kilgore, a justice of the peace in and for said County, that the within answer is true, so far as it is of his own knowledge and so far as it is by the information of others he believes it to be true. Given under my hand this 12th day of December 1827. Hiram Kilgore
This cause was regularly continued on the refference docket from the said December term 1827 till the February term 1830, at which time to wit. At a Court continued and held for said County at the Courthouse thereof the 10th day of