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Dred Scott Vs Sanford Case Study

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The two parties in this case are Dred Scott and John Sanford. Scott, a former slave bought by Dr. John Emerson, argued that when him and the Emerson family moved to Illinois, which was a free state, that he became a free man and no longer could be held as a slave to the Emerson family when they moved to the slave state of Missouri. Sanford, Mrs. Emerson’s brother, argued that since he went to Missouri with Mrs. Emerson, and that it was legal in Missouri to hold slaves, that he was still considered to be Mrs. Emerson’s property. Once Dr. Emerson died, Scott and his family sued Mrs. Emerson for false imprisonment, but Mrs. Emerson won the case in a Missouri Circuit court when Scott’s lawyers were unable to prove that Emerson was holding him as a slave. Scott’s lawyers argued for a retrial and it went to the Missouri Supreme Court. The trial ended with two of the three judges ruling in favor of Mrs. Emerson and John Sanford. This ruling overruled a previous precedent which was that the court usually ruled in favor of the slave when they had been moved from a free state to a slave state. This precedent was overruled because they ruled in the owner’s favor instead of the slave’s. …show more content…

His goal by doing this was to officially earn his and his family’s freedom and leave the Emerson family. Scott’s lawyers argued that by moving him to a free state and by becoming a free man there, that he would always be a free man now. Scott had reason to believe that he would win the case because similar cases had gone through the Supreme Court before and they had ruled in the slave, or former slave’s

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