
    Sylvia and Phillis, by next friend, vs. Covey.
    A and B (persons of color,) filed their hill, alleging that they had instituted suits for freedom, that they were apprehensive the defendant would carry them out of the state and sell them, and praying that he be restrained, and also for "an attachment to have themselves taken out of his hands, &e. Held, upon demurrer, that the bill ought to be sustained, notwithstanding the act of 1817, ch. 103.
    This was a bill filed by the plaintiffs, who aré people of color, alleging they have instituted a suit for freedom, and that they are apprehensive that the defendant will convey them away and sell them; and they pray that he be restrained, and that they be taken out of his hands, &e. An attachment was awarded, by virtue of which the plaintiffs were taken out of the custody of the defendant. To this bill the defendant demurred, relying for cause principally upon the ground that the act of 1817, ch. 103, had provided the plaintiff a remedy. The circuit court sustained the demurrer, dismissed the bill, and taxed Myrick the next friend with all the costs.
   Green, J.

delivered the opinion of the court.

The court erred in allowing the defendant’s demurrer. The act of 1817 authorizing the court in which the suit for freedom may be pending, ora judge, or justice in vacation, to make an order requiring a defendant to give security, or, on failure, requiring the sheriff to take and keep the plaintiff in his custody, does not take away the jurisdiction of a court of chancery in such case. ' See 1 Ten. Rep. 478: 2 Bro. C. C. 218: 2 Wash. 121. The t, tit powers oí a court oí chancery are more ample than those of a court of law, even under this statute; and it might often be advisable to file a bill, rather than resort to the remedy provided by the act of 1811. The party may at his election resort to either mode of proceeding.

Webber, for plaintiff in error.

Pillow, for defendant in error.

The decree will be reversed, and the cause remanded to the Maury circuit court to be retained there until the termination of the suit in the bill mentioned, when the costs will be disposed of according to the result of that cause, and the defendant will pay the costs of the appeal-

Judgment reversed.  