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![handle is hein.slavery/ussccases0020 and id is 1 raw text is: FEBRUARY TERM 1812, 271
HEZEKIAH WOOD 1812.
IV. 3arch 9th.
JOHN DAVIS Axm OTHEW.
1resent....Jt1l the Judges.
ERROR to the Circuit Court for the district Of A verdict and
Columbia, sitting at Washington. judgment tbt
th e mothm
vas born free
The Defendants in error, John Davs and othert, is not concia-
,were children of Susan Darzs, a mulatto wonian, who sive evidence
of the freedom
had obtained a judgment for her freedom m a suit which of her ehil-
she had brought against Caleb Swam, to whom she had dren-unless
between the
been sold by Wood the Plaintiff in error. samepartles
or prveq.
The petition of the children stated that their mother
Susan .]?azs, had obtained a judgment for her freedom
.upon the ground that shewas born free. The issue was
joined upon the question whether the petitioners w'ere
entitled to their f'eedom.
Upon the trial of this issue, in the Court -below, the
Plaintiff in error, Mood, tendered a bill of exceptions
which stated that it was admitted that the petitioners
were the children of susai DaBas, and they produced.
the record of the judgment in favor of their mother'Szi-
san Da-vs against Caleb Swann, (in which' case her
petition stated that she was- born free, being descended
from a white woman, and the issue joined was-upou
the question whether she was free or a slave.) And it
was admitted that Susan Davis had been sold by Wook
.to Swann before the judgment, whereupon the petition-
ers,b~ their counsel, prayed the Court to direct th6jry.
that the record aforesaid and the matters- so admitted
were conolve evwdence for the petitioners za t is cause
and the Court direqted the jury as prayed' to which di-
rection the Defendant, Wood, excepted. -
V S. KEY, for the Ilatntiff ii error, contended,
I. That Wood -was not a party, n6r privy to, aliy
party, to the suit of SusAn D fis against Swann, and](ViewImageLocal?handle=hein.slavery/ussccases0020&div=1&collection=&method=preview&ext=.png&size=3)