Fulton v. Lewis
3 H&J 564 (1815)
See also p. 584 of this scan of the original COURT OF APPEALS (Maryland Reports) Harris and Johnson, vol. 3. (3 H & J.) 1810 - 1815, MdHR 201100818, 2/6/10/2].
John Levant, a married man, being a native and resident of the Island of Saint Domingo, removed from that place in July 1793, flying from disturbances which then existed there, endangering the lives and property of the inhabitants, and brought with him into this state three negroes, of whom the petitioner, (now appellee,) is one, whom he then and before owned as a slave. That in May 1794, he sold the petitioner, as a slave, to William Clemm, who sold him as such to the defendant, (the appellant.) That said Levant arrived at Baltimore in August 1793, and continued to reside there until sometime in 1796, when he returned to the West Indies. The defendant thereupon prayed the direction of the court to the jury, that if they believed the facts, the petitioner was not entitled to his freedom. This opinion the Court, [Scott, Ch. J. ] refused to give; but directed the jury, that upon these facts the petitioner was free. The defendant excepted; and the verdict and judgment being against him, he appealed to this court, where the case was argued.
Appellate Court Records:
COURT OF APPEALS (Docket) Fulton v. Lewis, 1815, May Term, no. 79 [MSA S414-6, 1/66/14/24].
Writ of Ca. Sa. issued; continued until June, 1819.
See COURT OF APPEALS (Docket, Western Shore) John Lewis, use of Thomas Harwood and Thomas Harris v. David Fulton, 1819, Judicials, no. 48 [MSA S414-7, 1/66/14/25].
COURT OF APPEALS (Judgments, Western Shore) Fulton v. Lewis, 1815, May Term, no. 79 [MSA S382-54, 1/62/9/14].
Appellate Judges: Jeremiah Townley Chase; John Johnson; John Buchanan; Richard Tilghman Earle; William Bond Martin; Joseph Hopper Nicholson.
Appellate Attorneys:
Elias Glenn and
Thomas Kell for Appellant;
John Montgomery,
Thomas Jennings and
John Scott, Jr for Appellee.
Trial Court Judges:
John Scott;
George P. Presbury;
Trial Court Attorneys: John Scott, Jr. (Lewis); Elias Glenn (Fulton)
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