Phillis Clagett v. Ann Gibson. Petitioner's Bill of Exceptions


Phillis Clagett for herself & children
Ann Gibson conx. of Gerard Gibson

On the Trial of this cause the petitioners to maintain the issue on their side, from having proved the execution of the paper hereunto annexed (A.) purporting to be a deed of manumission for the petitioners and that Gerard Gibson died about a year after its date. Whereupon the counsel for the defendant offered to read in Evidence certain proceedings on the Chancery side of this court in a cause in which Ann Gibson was plaintiff and Gerard Gibson was defendant print the same as follows (here insert it). To the admission of which the counsel for the petitioners objected. And the counsel for the Defdt also offered to prove by the testimony of Samuel P. Shuster a witness duly qualified, that some few days before the date of said deed, the said Gerard Gibson had applied to the witness to take a bill of sale for the negroes, stating that if this witness would take a bill of sale for all of the said slaves and take the young children at once and leave him the mother for his life, he might have them for nothing, as he wished to prevent his wife from having them at his death. said Gibson spoke at the same time of the proceedings then pending for alimony. this testimony also the Court petitioners counsel objected, but the Court overruled the said ex objections and suffered the evidence to go to the jury. to which opinion of the Court the counsel for the petitioner excepted and the Court sealed this bill of exceptions according to the statute in such cases made and provided. this twenty seventh day of December 1828.

W. Cranch (seal)
James S. Morsell (seal)



Negro Phillis & children
Ann Gibson

Bill of exceptions

27. Decr. 1828