Ann Brooks v. William D. Nutt. Special Verdict

 

Ann Brook vs W. D. Nutt admr of Oliver P. Finley.

We of the Jury find that on the 24th day of July 1805, one James. M. Stewart being the owner and in possession of two female slaves named Clara and her her daughter Sarah, sold the said Clara for the Term of seven years and the said Sarah as a slave for life to Oliver P. Finley, the Defdts intestate, the Terms and conditions of which sale are truly stated in a written agreement between the parties by them duly executed on the said 24th day of July 1805 which agreement is in the words and figures following. "Know all men" &c (here insert paper marked A) we find that the said paper marked A was on the 10th day of May 1833 recorded in the Circuit Court of the District of Columbia for the County of Alexandria on the acknowledgment of the said James M Stewart in open Court. The said James having been on the the 5th day of July 1805, and having ever since continued to be an Inhabitant of the County of Alexandria. We find that the plf said Oliver. P. Finley on the 3rd day of April 1817 duly executed a Deed of emancipation so she said Clara, which was recorded in the Circuit Court of the District of Columbia on the 29th day of Novr   1817 on the acknowledgment in open Court of the sd Finley the said Oliver at the time he executed the said Deed of emancipation and of the recording thereof as aforesaid and until his death having been an Inhabitant of the said County of Alexandria which Deed is in these words. insert paper B

We find that the said Clara was delivered to the said Oliver. P. Finley under the sale aforesaid and remained in his possession under the same from the day of the date thereof until the expiration of the said Term of seven years for which she was sold.

We find that during the said Term of seven years and whilst the said Clara was so held by the said Oliver P. Finley, the Petitioner the daughter of the said Sarah Clara was born, that is to say in the year 1811

We find that the said Oliver P. Finley during his life and the Defdt after his death, held the said Petitioner as a slave claiming her as the property of the said Oliver during his life and as the property of the Defdt as his administrator since his death, from the time of the birth of the plf til the institution of this suit. and that the Defdt still claims to hold the Petitioner as his slave in his character[?] of administrator as aforesaid.

We find that the said James   M. Stewart on the 3rd day of June 1833 executed and delivered to the plf a Deed of Emancipation in the words "Know all men &c" (here insert paper C) + we find that the said James at the time of the execution and recording of the said Deed was an Inhabitant of the said County of Alexandria

(+ and that the said Deed was on the same day duly recorded in the Circuit Court of the District of Columbia at Alexandria)

if on the evidence aforesaid the law be for the plf then we find for the plf and assess her damages to the sum of one cent. and if the law be for the Defdt then we find for the Defdt
W[?] Gregory, Foreman

 

Special Verdict

 

Negro Ann Brooks
v.
Nutt (admr.)

For Freedom

1833. May T. 3d day: T. W. Hewitt assd. counsel, on whose report leave given to sue in forma paup. & caps. awd. & docketd

5th day. Jury sworn, & retired to consider of their verdict.

6th day. Jury retd. special verdict. [see papers]

1834. Oct. T. 4 day.
Judgt. for Deft on the special verdict

Oct. 1834 - 1