Practicing Law in the Early American Republic

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Transcript of Lackland v. Dorsey, presented before the General Court of the State of Maryland, Chief Justice Samuel Chase presiding, 1794

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State of Maryland {So?}

At a General court for the Western Shore of the State aforesaid begun {court?} held at the City of Annapolis on the second Tuesday of May being the thirteenth day of the same month Anno Domini seventeen hundred and ninety four and in the eighteenth year of the Independence of America

Present

The honorable Samuel Chase Esquire Chief Judge
Robert Goldsborough & Esquires {Prisne?} Judges
Jeremiah Townley Chase Esquires {Prisne?} Judges
In the record of proceedings of the same Court among others is the following suit:

Elisha Lackland against {Lakin?} Dorsey

Be it remembered that heretofore {told?} on the seventeenth day of October seventeen hundred and ninety {two?} the Defendant by William Owings his Attorney sued out {at?} our General Court the State of Maryland's court of Habeas Corpus directed to the Chief Justice, Associate Justices and Sheriff of Washington County in the words, & figures following, to wit: - The State of Maryland {So?} To the Chief Justice, Associate Justices and Sheriff of Washington County, Greeting: Whereas a certain {Lakin?} Dorsey late of Washington County is detained in the prison of our Said County under the Custody of you, our said Sheriff, at the suit of a certain Elisha Lackland of a plea of Trespass upon the Case and so forth, which said plea, as it is said still depends before you, our said Justices, undetermined; and we being willing, for divers causes, that the plea aforesaid, undetermined as aforesaid, should be heard and determined before the Judges of our Genera Court; therefore we command you that you have the body of the said {Lakin?} Dorsey by whatsoever name or names he may be called in the plea aforesaid, together with the cause of his {caption?} and detention, and all things thereunto relating, before the Judges of our General Court, to be held at the City of Annapolis the second Tuesday of May next, that the of our said General

Last edit over 6 years ago by dfallen91
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Elisha Lackland {vs?} } Record Lakin Dorsey {?}

Last edit over 6 years ago by dfallen91
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General Court may further proceed therein, as to justice assertains [sic] and so forth. Hereof fail not at your peril, and have you then and there this court. Witness the honourable Samuel Chase Esquire, Chief Judge of our said Court, the 9th day of October Anno Domini 1792 Issued the 17th day of October Anno Domini 1792

In {Grinn?}

At which mentioned second Tuesday of May being the fourteenth day of the same month Anno Domini seventeen hundred and ninety three and the day of the {return?} of the aforegoing court, the {Worshipful?} Chief Justice, Associate Justices and Sheriff of Washington County to w hom the said aforegoing court {has?} made and directed in compliance with the Command of the same court makes return thereof to the Court here with the following record to wit:

Washington County {So?} At a County Court of the State of Maryland held at Elizabeth Town in and for the said County on the first Monday of December, being the third day of the same month in the year of our Lord one thousand seven hundred and ninety two before the Justices of the same Court duly Commissioned and sworn to hold the same Court of whom were present

The Worshipful Thomas {Sprigg?} &
George Scott } Esquires Associate Justices
Among the Records and proceedings of the same Court were the following, to wit: {JTM?} Elish Lackland {vs?} W Owings, Lakin Dorsey

Be it remembered that heretofore to wit on the twenty sixth day of September Anno Domini seventeen hundred and eighty nine, The State of Maryland's Writ of Capias ad respondendum issued to the Sheriff of Washington County in the words and figures following to wit: Washington County to wit; The State of Maryland , to The Sheriff of Washington County Greeting: we command you that you take Lakin Dorsey late of Washington County Farmer,

Last edit over 6 years ago by dfallen91
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Domini seventeen hundred and ninety, come here again the parties aforesaid by their attornies aforesaid; and the said Elisha Lackland by his Attorney aforesaid declares in the plea aforesaid against the aforesaid Lakin Dorsey in manner and form following to wit: - Washington County, to wit; Leakin Dorsey late of the County of Washington was attached to answer Elisha Lackland of a plea of Trespass upon the case and so forth. Whereupon the said Elisha by John Thomson Mason his attorney complains that whereas on the tenth day of November in the year one thousand seven hundred and eighty nine at the County of Washington aforesaid a certain conversation was had and moved between the said Leakin and him the said Elisha of and concerning the purchasing of a certain negro man named Will, by him the said Elisha of him the said Leakin which said Negro he the said Lakin then and there had in possession, and upon the conversation aforesaid the said Leaking then and there falsely, fradulently and deceitfully asserety and affirmed to the said Elisha, that the aforesaid Negro man named Will then and there in the possession of the said Leakin was the proper true and Lawfull slave of him the said Leakin, which said assertion and affirmation of him the said Leakin by him then and there so made he the said Elisha believing to be true, he the said Elisha afterwards, to wit, the same day and year first aforesaid at the County aforesaid bought of the said Leakin the said Negro man named Will for a great sum of money to wit for the sum of one hundred pounds Current money to the said Leakin by him the said Elisha then and there in hand paid, and thereupon the said Lakin did actually sell and deliver the said negro man named Will to the said Elisha as and for a Slave during the life of him the said Will, when in truth and in fact the said Negro man named Will at the said time of the said assertion and affirmation of the said Leakin as aforesaid made, and at the time of selling him and delivering in manner aforesaid was not a Slave but was a freeman, to wit, at the County of Washington aforesaid and so the said Elisha saith that the said Leakin him

Last edit almost 5 years ago by Ganne
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him the said Elisha then and there falsely and fraudulently deceived and defrauded. Whereupon he the said Elisha saith that he is injured and hath sustained damage to the value of two hundred pounds and thereupon he brings suit and so forth. John T Mason for Plaintiff {John Doe & Richard Roe} Pledges of Prosecutions And the aforesaid Lakin Dorsey by his attorney aforesaid prays leave of the Court here to imparle untill the fourth Tuesday of August next; and he hath it, the same day is given to the plaintiff also At which day to wit, the fourth Tuesday of August in the year last aforesaid somes here again the parties aforesaid by their attornies aforesaid; and the aforesaid Lakin Dorsey by his attorney aforesaid prays further leave to imparle herein until the fourth Tuesday of November next; and he hath it; the same day is given to the Plaintiff also - At which day to wit the fourth Tuesday of November in the year last aforesaid, comes here again the parties aforesaid by their attornies aforesaid; and the aforesaid Lakin Dorsey by his atty afd prays further leave to imparle herein until the second Monday of April next; and he hath it, the same day is given to the plaintiff also -- At which day to wit, the second Monday of April in the year seventeen hundred and ninety one come here again the parties aforesaid by their attorneys aforesaid: Thereupon it is ruled and order'd by the Court here that Lakin Dorsey the defendant employ other counsel for him the plea aforesaid by the first Monday of December next: the same day is given to the said Elisha Lackladn and so forth - At which day to wit the first Monday of December in the year last aforesaid, comes here again, as well the aforesaid Elisha Lackland by his attorney aforesaid as the aforesaid Lakin Dorsey; and thereupon it is further ruled and ordered by the Court here that the said Lakin Dorsey the defendent employ other counsle for him in the plea aforesaid, by the second Monday of April next: the same day is given to the said Elisha Lackland and so forth. -- At which day to wit the second Monday of April on the year seventeen hundred and ninety two, comes here as well,

Last edit almost 5 years ago by Ganne
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well the aforesaid Elisha Lackland by his attorney aforesaid, as the said Lakin Dorsey by William Owings his attorney: Thereupon day is given as well to the said Elisha Lackland as to the said Lakin Dorsey by the Court here until the first Monday of December next. - At which day to wit the first Monday of December in the year last aforesaid come here again the parties aforesaid by their attorneys aforesaid, and the aforesaid Lakin Dorsey by his attorney aforesaid produces to the Court here a certain writ of Habeas Corpus closed on the words following to wit: The State of Maryland Sd. To the Chief Justice, associate Justices and Sheriff of [Seal] Washington County, Greeting: Whereas a certain Lakin Dorsey late of Washington County is detained in the prison of our said County under the custody of you our said Sheriff at the suit of a certain Elisha Lackland of a plea of trespass on the case and so forth; which said plea as it is said still remains before you our said Justices, and determined; and we being willing for divers causes that the plea aforesaid undetermined as aforesaid, should be heard and determined by the Judges of our General Court; Therefore we command you that you have the dody of the said Lakin Dorsey by whatsoever name or names he may be called in the plea aforesaid together with the cause of his caption and detention and all things thereto relating before the Judges of our General Court to be held at the City of Annapolis the second Tuesday of May next, that the Judges of our General Court may further proceed therein, as to Justice appertains and so forth. Hereof fail not at your peril and have you then and there this writ. Witness the Honorable Samuel Chase Esquire, Chief Judge of our said Court, the 9th day of October Anno Domini 1792 Issued the 17th day of October, Anno Domini 1792 WO. Jno. Gwinn Clks Which aforegoin writ of Habeas Corpus being by the Court here allowed it is ordered by the same Court that all things relating to this premises be tranmitted accordinly:Test Elie Williams Clk

Last edit almost 5 years ago by Ganne
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In Testimony that the aforegoing Transcript of proceedings is truly taken from the records of Washington County Court, I have hereto set my hand and affixed the publick seal of my office this 10th day of May anno Domini 1793 Elie Williams, Clk.

At which said second Tuesday of May being the fourteenth day of the same month anno Domini seventeen hundred and ninety three comes here into our General Court as well the aforesaid Elisha Lackland by John Thomson Mason his Attorney as the aforesaid Lakin Dorsey by William Owings his Attorney: And the aforesaid Lakin Dorsey by his Attorney aforesaid defends the force and injury when and soforth and prays leave of the court to imparte hereunto until next court, and he hath it, and the same day is given to the plaintiff also.

At which said next Court to wit the second Tuesday of October being the eighth day of the same month Anno Domini seventeen hundred and ninety three comes again here into our General Court as well the aforesaid Elisha Lachland by his Attorney Aforesaid as the aforesaid Lakin Dorsey by his Attorney aforesaid; And the aforesaid Lakin Dorsey by his Attorney aforesaid as before defends the force and injury when and soforth and says that he is in no wise guilty of the premises in such manner and form as the aforesaid Elisha Lackland above against him hath complained and of this he finds himself upon the Country &c. and the aforesaid Elisha Lackland in like manner &c.

Therefore let a Jury thereupon appear before the Judges of our General Court here on the second Tuesday of May next by whom [&c]. and who neither [&c] to recognize [&c] because as well [&c] the same day is given to the parties aforesaid then and there [&c]

And now here at this day to wit the said second Tuesday of May being the thirteenth day of the same month Anno Domini seventeen hundred and ninety four comes again here into our General Court as well the aforesaid Elisha Lachland by his Attorney aforesaid as the aforesaid Lakin Dorsey by his Attorney aforesaid and the Jurors of that Jury whereof mention is within made being,

Last edit over 3 years ago by Jannyp
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