Ann Brooks v. William D. Nutt. Statement of Facts


Ann Brooks
Wm. D. Nutt

In Trespass vi et armis

It is agreed that Ann Brooks the plaintiff is the daughter of a mulatto woman called Clara, who was the slave of James M. Stuart, that the said Stewart sold the said slave to one Oliver. P. Finley and made the Bill of sale to him in the words & figures following (here insert it). It is further agreed that the said O. P. Finley according to his covenent in the said deed continued, manumitted the said Clara. That during the period for which Clara was sold to the sd. Finley the plaintiff was born & that after the death of the sd. Finley the deft as his administrator took possession of the plaintiff as a part of the estate of the sd. Finley & that the deed from Stewart to Finley was recorded on the       day   of       1833. before the institution of the plaintiffs action.

T.W. Huitt
atty for plff
R. I. Taylor

We agree that the foregoing statement of facts shall stand as a substitute for a special verdict. And that if the court shall be of opinion on the facts then stated, that the plf is entitled to her freedom Judgment shall accordingly be entered for the plf. otherwise for the Defdt

T.W. Hewitt
for plff
R. I. Taylor
for Defdt

Ann Brook's case

In relation to slaves, it has been decided as a general proposition independent of any statory provision that the increase of slaves, born during the continuance of any temporary interest in the mother, goes as she does, to the person entitled to the absolute property in the mother after the expiration of such interest.
T.[?] Mumford 368.