Dred Scott v. Sandford
United States Supreme Court
60 U.S. (19 How.) 393 (1857)
Dred Scott (plaintiff), born a slave in Virginia, was taken by his owner to Missouri and eventually purchased by Army Major John Emerson, who brought Scott with him to Illinois and the Wisconsin Territory - both of which barred slavery under federal law. After Emerson's death, his widow inherited Scott; she refused Scott's offer to purchase his own freedom. Scott sued for his family's freedom in Missouri state court and lost, then sued again in federal court against John Sandford (defendant), the estate's executor, arguing his time in free territory had made him free. The federal district court and circuit court of appeals both ruled against him based on Missouri law, and Scott sought Supreme Court review.
Whether Scott, a person of African descent born a slave but later taken by his owner to reside in free territory with the intent of permanent residence, was a citizen of the United States entitled to sue in federal court and to the Constitution's protections.