TitleCitationYearSummaryMost RelevantTypeStatus
Gibbes v. Mitchell 2 Bay 351, Constitutional Court of Appeals of South Carolina (December 30, 1802) 1802 MOTION for new trial. This was an action of debt on bond, tried at Colleton district, before BAY, Justice. It appeared that this bond had been given for the purchase of a number of negroes, and that the defendant had given a mortgage upon them to secure the consideration money. After the expiration of the time for payment, the money being unpaid,... Most Relevant Cases  
Gilbert v. Murdock 3 N.C. 182, Superior Courts of Law and Equity of North Carolina (May 01, 1802) 1802 The plaintiff claims under a deed transferring a Negro slave to A, his executors, administrators and assigns forever; provided, that if A died under 18 or without issue, then to the plaintiff. A. died under 18. The absolute property vested in A. and the after limitation is void. Had he given for the life of A. and made a limitation over it would... Most Relevant Cases  
Gober v. Gober 3 N.C. 170, Superior Courts of Law and Equity of North Carolina (April 01, 1802) 1802 I subscribe to the rule that a man's being black, is, in this country, evidence of his being a slave till the contrary be proved, for the reasons given at the bar; namely, that all the blacks introduced into this country originally were slaves, and whoever being black claims an exemption from that condition, should shew his ma??uumission, or the... Most Relevant Cases  
Gobu v. Gobu Tay. 164, Superior Courts of Law and Equity of North Carolina (April 01, 1802) 1802 I acquiesce in the rule laid down by the defendant's counsel, with respect to the presumption of every black person being a slave. It is so, because the negroes originally brought to this country were slaves, and their descendants must continue slaves until manumitted by proper authority. If therefore a person of that description claims his... Most Relevant Cases  
Hostler's Adm'rs v. Scull 3 N.C. 179, Superior Courts of Law and Equity of North Carolina (May 01, 1802) 1802 This Negro belonged to John Vernon, after whose death William Vernon sold to Hostler, after whose death Scull got possession; and after the commencement of this action Scull obtained letters of administration on the estate of John; William was not an executor of John, nor obtained letters of administration. And now it is insisted that the sale by... Most Relevant Cases  
Jenings' Adm'r v. Higgins 1 H. & J. 344, General Court of Maryland (October 01, 1802) 1802 A master, in order to retain the services of his slave who has petitioned for his freedom, must enter into the usual recognizance for suffering the petitioner to prosecute his petition, &c. If a petitioner for freedom obtains a judgment in his favour, which is afterwards reversed on appeal, his master cannot recover the value of his services from a... Most Relevant Cases  
Jones v. Muse 1 Brev. 67, Constitutional Court of Appeals of South Carolina (April 01, 1802) 1802 To an action of detinue for a slave, defendant pleaded in abatement, that he had brought an action against the plaintiff in the name, and on behalf, of one F., for the recovery of the same slave, which action was still pending. Held had upon demurrer. Most Relevant Cases  
La Mar v. Roundtree 1 Brev. 164, Constitutional Court of Appeals of South Carolina (November 01, 1802) 1802 In an action on the case for harboring a slave, if the defendant claims the slave absolutely, under a mortgage, and by virtue of the 15th section of the act of 1712, P. L. 103, he must plead the act specially, or he will not be entitled to avail himself of his title under it. Leave granted to defendant to plead the statute of limitations, where a... Most Relevant Cases  
Macon v. Owens 1 Brev. 69, Constitutional Court of Appeals of South Carolina (April 01, 1802) 1802 In detinue for a slave, by the pawner against the pawnee, a tender of the money due may be given in evidence without pleading it; and the money need not be brought into court. Most Relevant Cases  
Moye v. ------ 3 N.C. 186, Superior Courts of Law and Equity of North Carolina (May 01, 1802) 1802 DETINUE for a Negro. A. devised to B. several Negroes for his life, and after his death, to his, B's daughters. One of the daughters married, and B. sent the Negro in question to live with her. His other daughters also married, and he sent come the Negroes to live with each. The husband of the daughter first married died; then B. died, and a... Most Relevant Cases  
Neale's Adm'rs v. Haddock 3 N.C. 183, Superior Courts of Law and Equity of North Carolina (May 01, 1802) 1802 DETINUE for a negro. Old Mr. Taylor, by deed of gift, gave the negro to his daughter Sarah, reserving the use to himself and his wife, and the survivor. Sarah married Neale. He died, leaving a son, who married and died, leaving a wife and child: the child died. Old Mr. Taylor is dead, and his wife also. Upon this evidence, Harris insisted that the... Most Relevant Cases  
Patty v. Edelin 1 Cranch C.C. 60, Circuit Court, District of Columbia (January 01, 1802) 1802 THE COURT was of opinion that the plaintiff [Negro Patty] was not obliged to join in demurrer, unless the defendant [Edward Edelin], would admit those facts which the jury might reasonably infer from the testimony. But that if such a demurrer, stating the testimony of facts, and not the facts themselves, be joined, then the court are bound to... Most Relevant Cases  
Selectmen of Windsor v. Jacob Supreme Court of Vermont (August 01, 1802) 1802 No inhabitant of this State can hold a slave, and though a bill of sale transferring a person as a slave may be valid by the lex loci of another State or dominion, yet when the master becomes an inhabitant of this State, his bill of sale ceases to operate here, and cannot be read in evidence to charge him with the maintenance of such person in... Most Relevant Cases  
Sheppard's Adm'rs v. Edwards 3 N.C. 186, Superior Courts of Law and Equity of North Carolina (July 01, 1802) 1802 A demand is not necessary to precede the action of detinue, and need not be proved on the trial. As to one of the Negroes sued for he was sold by direction of the plaintiffs and by the marshal after the institution of this action to satisfy an execution against the estate of Sheppard. It is no answer to say he was in the defendant's possession at... Most Relevant Cases  
Snee v. Trice 1 Brev. 178, Constitutional Court of Appeals of South Carolina (November 01, 1802) 1802 The doctrine on the subject of master and servant is applicable in this State to the relation of master and slave; and the master is liable for a civil injury occasioned by the misfeazance or neglect of the slave: but to render the master liable, it must appear, that the injury was occasioned by the slave in performing some lawful and voluntary... Most Relevant Cases  
Snee v. Trice 2 Bay 345, Constitutional Court of Appeals of South Carolina (January 01, 1802) 1802 MOTION for new trial. This was a special action on the case, tried at Columbia, in Richland district, for the value of three hundred bushels of corn, which was burned in a crib, owing to the misconduct of defendant's negroes, as alleged. The case was briefly as follows: Trice, the defendant, had hired a field, which had been planted the year before... Most Relevant Cases  
Stapp v. Howdershell Sneed (KY) 171, Court of Appeals of Kentucky (June 02, 1802) 1802 Where A delivered the bond of a third party to B, agreeing that if he (A) did not pay B a negro slave by a certain day, the bond should become forfeited to B--Held: That B being in possession of his forfeit, could maintain no action against A for failing to deliver the negro by the day specified. UPON AN APPEAL FROM A JUDGMENT OF THE DANVILLE... Most Relevant Cases  
State v. May 1 Brev. 160, Constitutional Court of Appeals of South Carolina (May 01, 1802) 1802 Information and complaint to a magistrate is such a legal commencement of a prosecution on a penal statute, as saves the prosecution from the operation of the limitation act of 1748, although no indictment is found until after the expiration of the period limited by the act. An indictment, under the act of 1796, for trading with a slave, without a... Most Relevant Cases  
STATE v. NEGRO ANTHONY, the Slave of Nancy Young. 2 Del.Cas. 248, Supreme Court of Delaware (November 19, 1802) 1802 Indictment. Manslaughter for feloniously slaying Ann Campbel, the wife of John S. Campbel. John Campbel. In the summer my wife had the fever and ague. Reduced her very low. She told me on her death-bed, told me that she wanted me to send for Nathan Young and [ - ] Young to tell them something before she should die. I asked if she could not tell me.... Most Relevant Cases  
State v. Smith 2 Del.Cas. 164, Court of Quarter Sessions of the Peace of Delaware (May 01, 1802) 1802 Indictment. Larceny for stealing $93 . . . gloves, ribbon, etc. from John Adams, Negro. Most Relevant Cases  
Stockton v. Martin 1 Brev. 71, Constitutional Court of Appeals of South Carolina (April 01, 1802) 1802 Deed of a gift to a married woman in these words: The said Harden lends to his said daughter, during her natural life, certain slaves, and, after her death, to the heirs of her body, equally to be divided.Held, that the limitation over was void, and the whole vested in the first taker; and that the husband having... Most Relevant Cases  
Stockton v. Martin 2 Bay 471, Constitutional Court of Appeals of South Carolina (January 01, 1802) 1802 TROVER for sundry negroes. Verdict for plaintiff. Motion for new trial. By a deed produced on the trial, it appeared that one Havens, the father of the plaintiff, previous to her marriage to Mr. Stockton, lately deceased, settled on his daughter the negroes in question during her life, and then to her children share and share alike. In the habendum... Most Relevant Cases  
Sumpter v. Murrell 2 Bay 450, Constitutional Court of Appeals of South Carolina (December 30, 1802) 1802 MOTION to reverse the order of the circuit court at Sumter district, confirming an award. The ground upon which the counsel, Mr. Mathis, rested this motion, was, that the arbitrators had made a great mistake in this case, by not giving defendant credit for a family of negroes sold to the plaintiff, of the value of 175l. sterling, which mistake was... Most Relevant Cases  
Thomas v. Jamesson 1 Cranch C.C. 91, Circuit Court, District of Columbia (April 01, 1802) 1802 Assault and battery. The plaintiff was a man of color. The defendant, a free white man, offered his slave as a witness under the act of assembly (Rev. Code, 289, § 3; Old Acts Assem. p. 284). Most Relevant Cases  
Tinsley v. Anderson 3 Call 329, Supreme Court of Appeals of Virginia (October 01, 1802) 1802 In what order debts against an insolvent debtor, who is living, are to be paid. [A bond dated more than twenty years before it was exhibited for payment, shall be taken prima facie, as paid.] Nelson Anderson, brought a suit in the High Court of Chancery, against various persons having mortgages from Richard Anderson, upon lands, slaves, and... Most Relevant Cases  
U.S. v. Bell 1 Cranch C.C. 94, Circuit Court, District of Columbia (November 01, 1802) 1802 Indictment for stealing. Slaves were permitted to be sworn on the part of the United States against the prisoner [Betty Bell, alias Mullican, a free mulatto]. Old Acts Va. 348; Code 1792, pp. 199, 200; Act 1801, Jan. 21, § 4. Most Relevant Cases  
U.S. v. Louder 1 Cranch C.C. 103, Circuit Court, District of Columbia (December 01, 1802) 1802 Indictment for stealing. The prisoner pleaded ore tenus that he is a slave of S. B. Balch, and concluded to the jurisdiction of this court. 2 Hawk. P. C. 227. The United States joined issue upon that plea. The attorney for the United States, and the counsel for the prisoner agreed that the court should try the issue, fact as well as law. Whereupon... Most Relevant Cases  
Wright v. Gray 2 Bay 464, Constitutional Court of Appeals of South Carolina (January 01, 1802) 1802 SPECIAL action on the case for the value of a negro boy. Verdict for plaintiff. Motion for new trial. Mr. Justice TREZEVANT, who tried this cause at Edgefield district, reported, that it had come out in evidence, that the defendant, being concerned in a horse race, had persuaded a negro boy belonging to the plaintiff to ride his horse, without the... Most Relevant Cases  
Bass v. Five Negroes Bee 201, District Court, D South Carolina (January 01, 1803) 1803 In admiralty. Libel by Captain Bass against five negro slaves and a canoe. McCall claims the canoe. Decree for libelant, with costs against the owner of the negroes. Most Relevant Cases  
Coleman v. Negro Ben's Guardian 2 Bay 485, Constitutional Court of Appeals of South Carolina (December 30, 1803) 1803 MOTION for a new trial, in a case tried in Camden, and verdict for plaintiff. This case was tried before Mr. Justice JOHNSON, at Camden, in the District of Kershaw, in order to try the freedom of the plaintiff's ward, a negro named Ben. On the trial, a record of a judgment from the state of Virginia was produced, by which it appeared that the negro... Most Relevant Cases  
Cowles v. Brown 4 Call 477, Supreme Court of Appeals of Virginia (October 01, 1803) 1803 Power is given to the husband to distribute the slaves among the nephews and nieces of the testatrix in such manner and proportion as he shall think proper; and there is nothing in the will to shew that an equal division was intended. Of course it was left to him to make the appointments according to his own discretion; and then, what... Most Relevant Cases  
Halsey's Adm'rs v. Buckley 3 N.C. 234, Superior Courts of Law and Equity of North Carolina (April 01, 1803) 1803 DETINUE for Negroes. It appeared these Negroes had been given by will, to the widow of the testator for life; and after her death to the plaintiffs. She married, and her husband sold them to a person under whom the defendant claimed. And after her death, whilst in the possession of the defendant, or the vendee, these plaintiffs sold them. The... Most Relevant Cases  
Harry Innes, Executor of Edmund Lyne, v. Edmund Lyne's Devisees. Sneed (KY) 299, Court of Appeals of Kentucky (December 08, 1803) 1803 A testator liberating his slaves, directed his executor to see that his will was carried out, and that the whole of his personal and real estate should first be devoted to the support and freedom of his slaves, after which the residue should go as the law directs--Held: That the executor had the right to the custody of the negro children during... Most Relevant Cases  
Johnston v. Pasteur Cam. & Nor. 464, Superior Courts of Law and Equity of North Carolina (June 01, 1803) 1803 MACAY, TAYLOR, HALL and LOCKE. Few questions have been more frequently agitated in this State than that concerning the extent of a husband's property in slaves belonging to the wife, but not reduced into possession during the coverture. Though the opinions of the Judges on this subject have been different under the former judiciary establishment,... Most Relevant Cases  
Lewis v. Vereen's Ex'rs 1 Brev. 246, Constitutional Court of Appeals of South Carolina (May 01, 1803) 1803 The testator bequeathed certain slaves, and other personalty, to his two youngest daughters, to be equally divided between them, share and share alike; and in case his executors should not think it best to dispose of his real estate, then the whole of his real estate to be equally divided between his said two daughters: also, and in case either of... Most Relevant Cases  
Maverick v. Stokes 1 Brev. 273, Constitutional Court of Appeals of South Carolina (May 01, 1803) 1803 A paper signed by the owner of a slave granting permission to the latter to go about his lawful business, but providing that it should not operate as a pass if he returned to the State, does not import an absolute manumission; and upon a violation of the condition annexed, the owner may resume his dominion over the slave. Vide 2 Bay,... Most Relevant Cases  
Maverick v. Stokes 2 Bay 511, Constitutional Court of Appeals of South Carolina (January 01, 1803) 1803 SPECIAL action on the case, in nature of a writ of ravishment of ward, to try the freedom of a negro man, named Michael. In support of this action, several witnesses were called by the plaintiff, who deposed, that they had known the negro in question at Baltimore, where he had kept a cake and ale house; and also in Wilmington, in the state of... Most Relevant Cases  
Ratcliff v. Fayette County Court Sneed (KY) 248, Court of Appeals of Kentucky (May 31, 1803) 1803 Although the statute authorizing the county court to order the sale of a negro, who is permitted to go at large by his master, does not, in terms, require a notice of the proceeding to be given to the master; yet, the court will presume such was the intention, and an order for such a sale, where the record does not show notice to the owner, is... Most Relevant Cases  
Rutherford v. Craik's Ex'rs 3 N.C. 262, Superior Courts of Law and Equity of North Carolina (June 01, 1803) 1803 thought that profits by increase of Negroes mentioned in part 10 and part 16, did not mean the young Negroes, born after the making of the deed: And as to her distributive share, he thought that all which either party could claim was fixed unalterably by the deed; and that she was not entitled to claim any more than that had assigned. The counsel... Most Relevant Cases  
Skirving v. Neufville 2 Des. 194, Court of Chancery of South Carolina (May 01, 1803) 1803 A mortgagee agrees that the mortgagor should sell to a third person part of the mortgaged negroes at an advanced price, and receives the purchase money, for which receipts were given, as of payments made on the debt due by the mortgagor. This is such a privity of contract between the mortgagee and the new purchaser, as releases, the negroes so... Most Relevant Cases  
State v. Adams 2 Del.Cas. 190, Court of Quarter Sessions of the Peace of Delaware (November 17, 1803) 1803 Indictment [for] felony in stealing a negro woman called Hannah, price $200, property of James Porter; second count, and for aiding Negro David, his slave and her husband, in stealing said Hannah. Plea, not guilty. Most Relevant Cases  
Stephen's Guardian v. Coleman 1 Brev. 232, Constitutional Court of Appeals of South Carolina (April 01, 1803) 1803 Exemplifications of judgments recovered in other states, though slovenly, if believed to be authentic, are entitled to credit, and to have the effect of fair records. Where the identity of the person of the plaintiff, claiming his freedom, is the point in question, the evidence of what the witness has heard in conversation in the family of the... Most Relevant Cases  
Sweet v. Avaunt 2 Bay 492, Constitutional Court of Appeals of South Carolina (December 30, 1803) 1803 TROVER for six negroes, tried in Marion district. Verdict for plaintiff. Motion for new trial. On the trial of this cause, the presiding Judge permitted an advertisement in a George Town newspaper, to be read in evidence to the Jury, in support of the plaintiff's claim. And it was upon this ground, that the motion for the new trial was made. The... Most Relevant Cases  
U.S. v. Swann 1 Cranch C.C. 148, Circuit Court, District of Columbia (December 01, 1803) 1803 Indictment for theft [against Nancy Swaun, a free mulatto]. Most Relevant Cases  
U.S. v. Vickery 1 H. & J. 427, Circuit Court, D Maryland (May 01, 1803) 1803 This was a criminal prosecution under the act of congress passed the 10th of May, 1800 [2 Stat. 70], which subjects all persons voluntarily serving on board any vessel of the United States, which is employed in transporting slaves from one foreign place to another, to fine and imprisonment. The indictment stated that Vickery voluntarily served on... Most Relevant Cases  
U.S. v. Wright 1 Cranch C.C. 123, Circuit Court, District of Columbia (June 01, 1803) 1803 Indictment [against Betty Wright, a slave] under the state for stealing goods. Some question arose how she should be tried. Under the law of Virginia, she would have been tried by five justices of the county court, without a jury. Upon consideration of a former precedent in this court, she was tried by a jury in the usual form. Most Relevant Cases  
Avaunt v. Sweet 2 Bay 528, Constitutional Court of Appeals of South Carolina (December 30, 1804) 1804 TROVER for sundry negroes, tried in Marion district, before TREZEVANT, J. Verdict for plaintiffs. Motion for new trial. From the report of the Judge who tried this cause, it appeared, that Sweet, the defendant, who was the father of plaintiff's wife, upon her first marriage with one Ganey, deceased, gave her a negro wench named Phoebe, by taking... Most Relevant Cases  
Bazil v. Kennedy 1 Cranch C.C. 199, Circuit Court, District of Columbia (November 01, 1804) 1804 This was an action to try the right of the plaintiff to his freedom under the will of Mrs. Turner, which was in these words: I will that my slaves be sold by my executors, for the following terms: Bazil for eight years, (and others for other terms,) and the money arising from the same I desire shall be applied in the following... Most Relevant Cases  
Charles v. Hunnicutt 5 Call 311, Supreme Court of Appeals of Virginia (October 01, 1804) 1804 The first question which arises in this case is, Whether the will of Gloister Hunnicutt, being made before the law authorizing the manumission of slaves, the clauses relative to emancipation are void, either as containing a bequest contrary to the act of 1748, ch. 31; or for uncertainty in respect of the persons intended by the description of the... Most Relevant Cases  
Com. v. Battis 1 Mass. 95, Supreme Judicial Court of Massachusetts (October 01, 1804) 1804 Practice.--The Court will not direct an immediate entry of the plea of guilty to an indictment for a capital crime, but will give a reasonable time to the prisoner to consider of the same, that he may, if he think proper, retract his plea. THE defendant, John Battis, a negro of about twenty years of age, was indicted for the murder of one Salome... Most Relevant Cases  
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