Vigel v. Naylor
65 U.S. 208 (1860)

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U.S. Supreme Court

Vigel v. Naylor, 65 U.S. 24 How. 208 208 (1860)

Vigel v. Naylor

65 U.S. (24 How.) 208

Syllabus

On a petition for freedom, the petitioner proved that one Kirby had emancipated all his slaves by will, some immediately and some at a future day.

The petitioner, in order to bring herself within this category and show that

Page 65 U. S. 209

she had been the slave of Kirby, offered to prove that her mother and brother and sister had recovered their freedom by suits brought against George Naylor, whose administrator, Henry Naylor, the defendant in the present suit was, and that it was very unusual to separate from the mother a child so young as the petitioner was at the time of Kirby's death.

Proofs of these circumstances were not allowed by the court below to go to the jury. In this the court was in error.

The recoveries of the mother and sister against George Naylor ought to have been allowed to go to the jury. They were not res inter alios acta. This case distinguished from that of Davis v. Wood, 1 Wheat. 6.

This was a petition for freedom filed by Susan Vigel under the circumstances which are stated in the opinion of the Court.

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