Samuel G. Frierson, of Alabama, petitions to recover his slave from Patrick Irwin, a resident of New Orleans. Frierson represents that he is the owner of a mulatto male slave named Sam, whom he purchased from the Honorable A. P. Bagby and who was in his “lawful” possession for about two and a half years until it was stolen and transported to New Orleans. The slave is now in the possession of Patrick Irwin, who refuses to relinquish him. Frierson therefore prays for an order directing Irwin to return Sam to him and declaring him the lawful owner. Related documents reveal that Irwin had purchased Sam from one Philip H. DeLane in 1843. We learn that DeLane had lost a suit over Sam's ownership title to Bagby, the latter a governor and US senator. In 1841, Bagby sold Sam to Frierson. In 1843, however, DeLane stole Sam from Frierson and sold him to Irwin, a crime for which he was later indicted and convicted.
Result: Granted; appealed; reversed and remanded.
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Repository: University of New Orleans
