Ellen Johnson v. Morris Adler. Defendant's 3rd Bill of Exceptions


Dft's third Exceptions

If the Jury believe from the evidence aforesaid that Ellen Johnson the petitioner & her infant children Phoebe & Rachel were in the year 1832 the slaves of Thomas Turner deceased, & that their said master permitted them, being his slaves to go to live with the husband of the said Ellen a free man of colour & labour for her support & that of her children, & to hire & take her wages for that purpose, & that under such permission the said Ellen did live apart from her said master & seemingly act as a free woman, without any interference on the part of the said Turner with the said Ellen & the children John, Robert, & Louisa, who were born of her after she left her masters house, yet the jury ought not from the facts aforesaid to presume that the said Turner had at any time prior to his death by deed or otherwise [strikethrough] manumitted & set free the said Ellen & her said children, [strikethrough] unless the Jury also believe from the evidence aforesaid that the said Ellen had at a period at least twenty years prior to the commencement of this suit openly & in a manner likely to have come to the knowledge of the said Turner disavow disavowed his ownership of her & declared that she was of right a free woman, But the court refused to give the said instruction, to which refusal defendant excepts (refused) & prays the court to sign & seal this his bill of exceptions which is accordingly done this 11th Decr. 1849.

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


Defendants 3d bill of Exceptions relative to the time necessary to justify the presumption of a grant.