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Ruth: Freedom Suit, Montgomery County (Part 2 of 5)

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And on which the following return is made "Ex'd & Andrew Cassidy bail, Thos. Cloyd DS: At a court held for said county on the 2nd day of September following, John Taylor came into court and undertook for the defendant that in case he shall be cast in this suit he will restore to the plaintiff the negro woman Ruth, in the declaration mentioned, if to be had, if not to be had, that he will pay and satisfy the price of her and such damages as shall be adjudged to the plaintiff, or render his body to prison in execution for the same, or that he the said John Taylor will do it for him; At rules held in the clerks office of said county on the 8th day of October following on motion of the defendant and for reasons appearing, It is ordered that unless the plaintiff do on or before the next rule day, give security for all costs which have or may accrue to the defendant, and also to the officers of this court, that this suit stand dismissed; At rules held in the said office on the 6th day of November following The plaintiff having failed to give security for costs. It is ordered that this suit be dismissed at his costs, at a court continued and held for said county on the 8th day of April 1795. The order of dismission entered in this cause is set aside and Isaac Taylor Sr. enters himself

security for costs, and the plaintiff by his attorney filed his declaration which is as follows, "Montgomery To wit. Robert Lowry complains of James Sallust in custody &c of a plea the [that] he restore to him one negro woman slave named Ruth, of the price of one hundred pounds which from, the said plaintiff, he the said defendant unjustly detains &c for that whereas the said plaintiff on the [blank] day of [blank] at the county aforesaid was possessed of the said negro woman slave as of his own proper slave and thereof being possessed he the said plaintiff on the same day and year at the county aforesaid did deliver the said slave to the said defendant, to be by him safely kept & to be redelivered to the said plaintiff whenever the said defendant should be thereto required, Yet the said defendant although often required the aforesaid slave to the said plaintiff hath not delivered, but the same to him to deliver hath altogether refused & still doth refuse & unjustly detains the said slave to the damage of the said plaintiff one hundred pounds and therefore he brings suit. Taylor pq John Doe, Rich'd Doe pledges &c. } " And now at this day to wit, at a court continued and held for said county on the 4th day of June 1795 came the parties by their attorneys, and