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Ware, Administrator of Jones, Plaintiff in Error, versus Hylton et al. U.S. 199 (1796)

handle is hein.slavery/ussccases0062 and id is 1 raw text is: SUPREME COURT Of the United States. 1796. WARE, Adminiftrator of JONES, Plaintiff in Error, verfus 1-lYLTON etal. E RROR from the Circuit Court for the Diffri& of Firgi nia. The adion was brouight by William Jones, (but as he died, pendente lite, his Adminiftrator was duly fubftitut- ed as Plaintiff in the caufe) firviving partner of Farrel and .ones; fubje6ls of the king of Great Britain, againft Da- niel Hylton & Go. and Francis Eppes, citizens of Jirginia, on . bond, for the peual fum of[.,976 i f 6d flerling, dated the 7th July, 17,74. The Defendants pleaded, ift, Payment; and, alfo, by leaveof the court, the following additional pleas in bar of the adfion. 2d. That the Plaintiff ought not to have and maintain his ac- tion, aforefaid, againif them, for three thoufand one hundred and eleven and one ninth dollars, equal to nine hundred and thirty three pounds fourteen fhillings, part of the debt in the declaration mentioned, becaufe they fay, tbat, on the fourth day of July, in the year one thoufand feven hundred and feven- ty fix, they, the faid Defendants, became citizens of the fate of Virginia, and have' ever fince remained citizens thereof, and refidents therein ; and, that the Plaintiff, on the faid fourth day of July, in the year 1776, and the faid 7ofeph Farrel were, and from the time of their nativity ever had been, and always fince have been, and the Plaintiff fill is a Brit ih fubje&, ow- ing, yielding 2nd paying allegiance to the King of Great Bri- tain; which faid King of Great Britain, and all his fubje&s, as well the Plaintiff as others, were, on the faid fourth day of J1uly, in the year 1776, and fo continued until the third of September, in the year 1783, enemies of, and at open war with, the Rate of Virginia, and the United States of America; and, that being fo enemies, and at open war as aforefaid, the legiflature of the fate of Virginia did, at their feffion begun and held in the city of Williamjhurgh, on Monday the twenti- eth day of Of7obcr, in the year 1777, pafs an acd, entitled ecan ad for fequeftering Briti/h property, enabling thofe indebt- ed

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