Rose v. James Kennedy Jr. Demurrer


Negroe Rose, Harry and Joe

In separate suits

In this cause it was proved that the Plf. Rose was the Mother of the Plf. Harry and the Plf. Joe and that the said Plf. Rose and the her child and her the Plf. Harry were brought into this Commonwealth somtime in the year 1795. And that her Child the Plf. Joe was born in this Commonwealth after she was brought into this Commonwealth as aforesaid. It was also prov'd that the said Negroe Rose was the property of Mrs. Jordan an Inhabitant of the same State of Maryland and that Mrs. Jordan Intermarried with afterwards with a certain Adam Craig a resident of Maryland who departed this life before the fall of the year 1792. That the wife of the said Adam Craig from after the time of his death and resided in Towit in the fall of September 1792 removed To and the Town of Alexandria untill some time about after the year 1795. It was also prov'd that when the Negroe Rose and her child were imported into the Commonwealth of Virga. as aforesaid the said slaves were the property of the said Mrs. Craig and had before that always   been inhabitants of the State of Mary land, and that they have remained in Virginia ever since their importation aforesaid. And that no entry of their said Importation was ever made, nor was the oath prescribed by the act of assembly To be taken by persons removing into this state, ever Taken by The sd Mrs. Craig or any other people[?] after the removal of the sd Mrs Craig or the importations of the sd slaves. And the said defendant Saith that the matter aforesaid shewn to the jurors[?] aforesaid is not sufficient in Law to maintain the Issue Joined in the cause nor is he under any necessity or bound by the Laws of the Laws of this Commonwealth to make any answer there to and this he is ready to Verify wherefore the said defendant prays that the Jury may be discharged from giving any verdict in this cause &c.

And the said Plf. saith that the matter aforesaid shewn in evidence to the Jury aforesaid is sufficient in Law is suffice to maintain the Issue aforesaid Joind in this Cause and this she is ready to verify &c.