Peter Kerr, on behalf of Jane Pierce, asks that a writ of habeas corpus be issued to Andrew Neill, compelling him to bring Jane to court and to state "the course of her detention in servitude and show cause if any he have why said child shall not be set at liberty." Kerr insists that Jane is the daughter of Isabel, a free woman of "white and Indian blood," who came to Jackson County in 1840 "in company with" Jesse Pierce. Isabel married and then died, leaving Jane "under the protection and custody" of Pierce. Before her death, however, Kerr reveals that Isabel asked him to "protect said child and provide for its future welfare." Jane is now in the possession of Andrew Neill, "who claims her as a slave by purchase." Explaining that Jesse Pierce is currently under indictment for selling the girl into slavery, the petitioner "prays that he may be permitted to prosecute the rights of said child in this cause as guardian ad litem." In his answer, Neill contends that Jane is "of Negro blood that she is a Slave for life and is my property." He asserts that if said Pierce is convicted of selling the girl into slavery, he is "willing ... to renounce all claim of property in said child."
Result: Granted.
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Repository: Guadalupe County Courthouse, Seguin, Texas
