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Negro Herbert Harris v. Firth, Executor of Wilkes.
The place to which a person has removed, with intent to remain there an indefinite time, and as a place of present domicil, is the place of his domicil, although he may entertain a floating intention to return at some future period.
If a person comes into this county as a sojourner, and brings with him his slave, and dies here, and his executor has been prevented, by the institution of this suit, from carrying the slave out of the district, the slave is not, by such importation, entitled to freedom.
Petition for freedom, on the ground that he was brought from Virginia into this county, to reside, contrary to the
The petitioner offered evidence that one Wilkes, was at the head of a company of sportsmen, (gamblers,) who resided in
Mr. Brent, for the petitioner, prayed the Court to instruct the jury that if they shall find, from the evidence, that Wilkes removed to this county with an intention of remaining here for an indefinite time, and as a place of present domicil, this was his place of domicil, notwithstanding he might have entertained a floating intention to go to the west at some future period.
Mr. Brent in support of his prayer cited
Mr Coxe, for the defendant, cited
The Court (Thruston, J.,
Verdict for the petitioner.