Mary Jane Wayne v. William C. Greenleaf. Petitioner's Bill of Exceptions
Mary Jane Wayne & others
v
Greenleaf & others
On the trial of this cause the Petitioners having given evidence as stated in the 2nd Bill of Exceptions tending to shew that she had from the age of one or two years so gone at large, and lived as a free woman for twenty years [illegible] before the bringing of her said Petition with the knowledge of said John L. Brightwell under whom the defendants claim: and that she was married to and living with a free man for six years [illegible] before and at the time of her said petition, and had by him the three children in said petition named.
The Defendants offered evidence to shew that in the years 1839, or '40, and afterwards the said husband of said Petitioner had out of her presence and hearing, agreed to pay, and in fact did pay wages for said Petitioner Mary Jane to the said John L. Brightwell to which said evidence so offered the Petitioner by their counsel objected and pra the court permit the same to be given, & thereupon
the petitioners except thereto, and pray the Court to sign and seal this their first bill of exceptions and pray the Court to which is done accordingly this 20' day of April 1849.
Jas. S. Morsell {seal}
Jas. Dunlop {seal}
(a) leaving out the worlds as free & not otherwise
Which instruction as prayed by the said Petitioner the court only two judges sitting in this cause, & they being divided refused to give, and thereupon the said Petitioners by their counsel excepts thereto and prays the Court to sign & seal this their second bill of exceptions, and to cause the same enrolled according to the statute, which is done accordingly this 20 day of April 1849.
Jas S. Morsell {seal}
Jas. Dunlop {seal}
And thereupon the said Petitioner further prayed the Court to instruct the jury (here repeate the preceding prayer inserting therein after the words "with the knowledge and assent of said Brightwell" the words "and he did not object thereto.") which instruction the Court only two judges sitting in this cause, & they being divided refused to give, and the said Petitioners by their counsel except thereto, and pray the Court sign and seal this their this second third bill of exceptions, and to cause the same to be enrolled according to the statute, which is done accordingly this 20' day of April 1849
Jas. S. Morsell{ seal}
Jas. Dunlop {seal}
And thereupon the Defendants by their counsel prayed the court to in instruct the jury that (here insert Mr Marburys prayer No 1) which instruction the Court gave & the Petitioners by their counsel except thereto and pray the court to sign and seal this their fourth bill of exceptions & to cause the same to be enrolled according to the statute which is done this 20th day of April 1849.
Jas S. Morrell {seal}
Jas. Dunlop
