Hudgins v. Wrights
Virginia Supreme Court
11 Va. 134 (1806)
- Written by Tammy Boggs, JD
Facts
In a trial over a disputed claim for freedom, evidence showed that the Wrights (plaintiffs) were descended on their maternal side from Butterwood Nan, an Indian woman. One witness described Nan as an old Indian. Other witnesses stated that Nan’s daughter had long black hair and was generally called an Indian by neighbors. Yet another witness believed Nan’s father was Indian. The trial court observed that the Wrights were fair or white skinned, and based on the evidence, declared them free. In doing so, the court opined that freedom was the birthright of every human being and that someone asserting ownership of a slave carries the burden of proof. Hudgins (defendant), who claimed ownership over the Wrights, appealed.
Rule of Law
Issue
Holding and Reasoning (Tucker, J.)
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