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Barbara: Freedom Suit, Isle Of Wight County (Part 1 of 4)

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child [Dary? Davy?] not mentioned in the will to James Wheadon, who sold them. That the said negroes have never been in your respondents possession in any character since the death of the said testator. That Amelia Ann mentioned in said clause was one of the negroes given in [1848?] to your respondents as stated in the former answer of the said Jeremiah in part satisfaction of his interest in said Cherry Warrens estate. The said testator no where claims the said Amelia Ann or offers to emancipate her & the complainants bill admits her ownership to be in your respondents. That Lewis the husband of Barbara, emancipated by said testator's will has received his free papers & left for parts unknown. That the said Lewis under the said will was to elect jointly with Barbara whether their seven children should be free & that hence the said Lewis is a necessary party to the said petition suit for freedom. That Barbara the said mother has run away & your respondents have been unable through using vigilant means for that purpose to retake her or learn where she now is. That Elizabeth one of the seven children of Barbara mentioned in testators will & in complainants bill is not a party to said petition for freedom or to this suit nor has she or any one for her been admitted to sue in this court for her freedom. That in consequence of the said removal of the said Barbara & Lewis the said bill should be dismissed in some other persons appointed to sue on behalf of the said children of Barbara & Lewis. That as to Tempe & her children Virginia & Rufus (given & delivered as aforesaid by the testator in his life time to James Wheadon) & Amelia Ann whom the said testator does not attempt to emancipate) the bill should be dismissed & your respondents pray that they may have the same benefit of this defence as if they had demurred to the complainants bill for the non joinder therein of the said Lewis & for making the said Tempe, Virginia & Rufus & Amelia Ann parties to the said suit & your said respondents pray that as to the said Tempe