19 Ark.]
OF THE STATE OF ARKANSAS.
121
Term, 1857.]
Daniel vs. Guy et al.
Daniel vs. Guy et al.
Where a person, held as a slave, sues for freedom, and it manifestly appears that he belongs to the negro race, whether of full or mixed blood, he is presumed to be a slave, that bring the condition generally of such people in this State.
If it appear that he belongs to the white race, he is presumed to be free.
If it be doubtful, whether he belong to the white, or the negro race, there is no basis for legal presumption one way or the other; but it is safest to give him the benefit of the doubt.
Slavery and not freedom being generally the status of the negro race in this State, no presumption arises, in suits for freedom, that the plaintiff is free, from the fact that he is less than one-fourth negro.