Petitioners explain that on 3 July 1798, William Shepherd, "by indenture of Bargain and sale," conveyed to Timothy, a black man, who had been freed by the last will and testament of David Shepherd, a tract of land containing fifty-six acres. In 1805, Timothy sold the land to Jacob Rush, but made no "assignment upon the Indenture." A short time later, in 1805, Timothy died without heirs. In 1808, Rush sold the land to William H. Fairchild. Later, several questions were raised about the land title and Timothy's right to own it in the first place. According to the petitioners one Colonel Mons Shepherd had claimed Timothy as his slave for life even after he had become a free man. The petitioners state that they don't know if Timothy had been in fact set legally free or merely allowed to "act" free. If Timothy was a slave, the petitioners argue, he was not able to secure title, and if he was a free black who died without heirs the land was "liable to be escheated to the commonwealth." The petitioners, heirs of William H. Fairchild, deceased, ask for a special act to keep the land.
Result: Rejected.
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Repository: Library of Virginia, Richmond, Virginia
