Abraham Dutton, a boy of color, by and through his next friend, Grace Dutton v. John PAca
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Be it remembered that on the trial of this
, the same being submitted for trial to the court, nei-
ther party requiring a jury; the plaintiff read in residence
the following acts of the legislature of MarylandMaryland, to wit,
âan act to prevent
disabled & superannuated slaves
being set free or the manumission of slaves by any
last will or testament â made at a session of assembly
begun & and held at the City ofCity of Annapolis AnnapolisCity of Annapolis the 3 June 1752&
âan act to continue the acts of assembly therein menâ tionedâ made at a session of assembly began & held at
the city of Annapolis the 6th November 1786. which
acts of the legislature of MarylandMaryland so read in residence
one not herein set forth it being assured by the counsel
of both parties hereto that that the same may be read & the same advantage had in effect given to the same
in the Supreme CourtSupreme Court on error as if they were incor-
porated in this will - the plaintiff then offered to
read in residence with in-authentication thereon
endorsed, a paper writing purporting to be an au-
authenticated copy for one of the land record books of
Hartford county in the state of MarylandMaryland, which pa-
per writing & in-authentication are in the words &
figures following (hereinsert - thesame) to the read-
ing of which the Deft by his counsel objected but the
court overruled the objection & permitted the same to
be read, to which the Deft by his counsel excepts
the plff: then read in evidence said paper writing & in-, authentication & one of the
slaves named in said paper writing was the mo-
ther of Grace who is the mother of the plff: & it
was admitted that HannahHannah at the time appointed
for her liberation in said paper writing was under
fifty - years of age & capable of maintaining
herself - that Grace was born in the year 1792

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& the plff: her child was born after Grace had passed
the age of twenty three years and that the defendant held the plaintiff in slavery slavery at the commencement of this suit
-there being no other
evidence on either side; the deft. upon the foregoing
testimony moved the court to decide that upon
the case made by the plff: he was not entitled to
recover his freedom, but the court refused so to
decide & decided that upon the case made by
him he was entitled to his freedom, to which de-
cision the deft by his counsel excepts & prays
the Court to issue & read his bill of exception
which is accordingly.

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