| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Turnbull v. Ross |
1 Bay 20, Courts of Common Pleas and General Sessions of the Peace of South (December 30, 1785) |
1785 |
THIS was an action of trover, brought to recover a negro wench Nancy. This cause was tried before Justice PENDLETON, at Camden, During the war, it seems, some of Dr. Turnbull's negroes ran off, or were taken by a plundering party, from a settlement of his called Smyrnea, in East-Florida, and carried into Georgia. The wench in question, (with one or... |
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| Noel v. Garnett |
4 Call 92, Supreme Court of Appeals of Virginia (October 01, 1786) |
1786 |
The court of appeals were of opinion, that the appellant Elizabeth, by not renouncing her first husband's will, was barred from recovering dower, in the undevised slaves. |
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| Peter v. Elliott's Ex'rs |
2 H. & McH. 199, General Court of Maryland (September 01, 1786) |
1786 |
THIS was a petition for freedom, founded on a deed of manumission, executed by the defendants' testator, bearing date on the 23d of October, 1784, and which it was agreed and admitted, was executed, sealed and delivered, by the said testator, in his last sickness, of which said last sickness he died. By the said deed of manumission,... |
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| Pirate v. Dalby |
1 U.S. 167, Supreme Court of Pennsylvania (April 01, 1786) |
1786 |
Since the act for the gradual abolition of slavery, a number of persons have formed a society in Philadelphia, for the purpose of relieving those of their fellow creatures, who are held in illegal slavery; and this action is owing to that institution. The plaintiff, being the supposed issue of white and mulattoe parents, attended the defendant to... |
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| Taylor v. Wallace |
4 Call 92, Supreme Court of Appeals of Virginia (November 01, 1786) |
1786 |
The court of appeals (Mercer, judge, dissenting) certified their opinion to be, that the said gift was void, and within the statutes for preventing fraudulent gifts of slaves. |
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| Butler v. Craig |
2 H. & McH. 214, General Court of Maryland (October 01, 1787) |
1787 |
PETITION for freedom by Mary Butler, claiming her freedom as a descendant from a free white woman. At the trial of this cause, two bills of exceptions were taken. By the first bill of exceptions it appears, that the counsel for the petitioner produced and read in evidence to the Court, sundry depositions taken in a former cause then depending... |
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| Farrar v. Jackson |
Wythe 1, High Court of Chancery of Virginia (May 01, 1788) |
1788 |
1. Statute of limitations pleaded to a bill by heir in tail to recover a slave, her increase and their profits. Defendant at time of purchase had no notice of plaintiff's title. Plaintiff replied that defendant's vendor had removed said slaves to a distance for the purpose of concealing them; that he could not by diligent search find out where, or... |
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| Pettis v. Warren |
1 Kirby 426, Superior Court of Connecticut (March 01, 1788) |
1788 |
Though by statute, whatsoever negro is found wandering out of the town or place to which he belongs, without a ticket, or pass, in writing, under the hand of his master or owner, or of an assistant or justice of the peace, shall be deemed a runaway; and any person finding or meeting him, may seize and secure him, to be examined before the next... |
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| Adam v. Leverton |
2 H. & McH. 382, General Court of Maryland (September 01, 1789) |
1789 |
PETITION for freedom. Statement of facts submitted to the Court for their opinion. John Costin, the late proprietor of negro Adam, in March, 1784, made his will, whereby he constitutes his wife Elizabeth executrix of the said will, to whom, and to two of his daughters, he bequeaths the whole of his personal estate, after the payment of his just... |
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| Arrington v. Arrington |
2 N.C. 1, Superior Courts of Law and Equity of North Carolina (October 01, 1789) |
1789 |
ACTION of detinue, for a negro boy given to the plaintiff by his uncle Sandifer. The boy being in Virginia at the time of the gift, and no delivery made, except of a dollar instead of the boy: the court ruled, that delivery of possession in such cases, is principally in order to identify the property, and that it might also answer the purposes of... |
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| Bay v. Freazer |
1 Bay 66, Courts of Common Pleas and General Sessions of the Peace of South (June 12, 1789) |
1789 |
THIS cause came on to be tried before WATIES and DRAYTON, Justices, and a special jury of merchants. Thomas Elliot, deceased, of Combahee, in some transaction with the defendant Freazer, gave him a bond for 2001. ster. Freazer on a purchase of negroes, negociated this bond over to John Hall, and upon the back of it, made this indorse??ent, viz.... |
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| Eveleigh v. Stitt's Adm'rs |
1 Bay 92, Courts of Common Pleas and General Sessions of the Peace of South (October 27, 1789) |
1789 |
In the course of the arguments, the case of Liber and Wife, against the executors or Parsons (1 S.C.L. 92) was relied on, as in point for the plaintiff, for the full value of the negroes. And in reply, it was acknowledged, that the doctrine laid down for the plaintiff in that case, was the general law with regard to damages. But that this was an... |
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| Ham v. McClaws |
1 Bay 93, Courts of Common Pleas and General Sessions of the Peace of South (October 30, 1789) |
1789 |
AN information was filed in this case, by the Attorney-General on behalf of the State, against seven negro slaves, seized by the plaintiff, a revenue officer, on the ground, that they had become forfeited, being imported contrary to the directions of the act of the legislature, in that case made and provided. The claim interposed by the defendants,... |
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| Merritt's Ex'rs v. Merritt |
1 N.C. 17, Superior Courts of Law and Equity of North Carolina (April 01, 1789) |
1789 |
The plaintiff may proceed for her damages and costs, notwithstanding the negro has been restored to her--and judgment for costs. NOTE.--Morgan v. Cone, 18 N. C., 234, expressly overrules this case, and decides that, if. after action brought and issue joined, the plaintiff gets possession of the thing sued for, that fact may be pleaded puis darrein... |
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| Overstreet v. Randolph |
Wythe 47, High Court of Chancery of Virginia (August 01, 1789) |
1789 |
1. An obligor unfairly dealt with in the purchase of a slave may be discharged from his obligation against the seller; but not against an assignee, for value, without notice of the unfairness. 2. Objections to this opinion, and the chancellor's answers thereto. THE plaintiff had executed obligation for payment, to Richard Randolph, the testator, of... |
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| Porter v. Dunn |
1 Bay 53, Courts of Common Pleas and General Sessions of the Peace of South (January 01, 1789) |
1789 |
TROVER for five negroes, viz. Peter, his wife, and three children. The plaintiff, Robert Porter, was an officer ??n gen. Sumter's brigade, in 1780 and 1781; and the defend??ant, a planter on Black river, who had joined the British while ??hey were at Camden, and performed duty as a soldier in their ??nilitia. The negroes in question, were formerly... |
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| Respublica v. Betsey |
1 U.S. 469, Supreme Court of Pennsylvania (September 01, 1789) |
1789 |
This was a Habeas Corpus ad subjiciendum, which had been allowed by Mr. Justice Bryan, and, afterwards, brought by him before the Court. The case was twice argued; first on the 29th of June 1786, by Bradford, on behalf of Samuel Moore, who claimed the negroes as his servants, and by Lewis, in behalf of the negroes; and a second time, in April term... |
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| Ross v. Pines |
Wythe 69, High Court of Chancery of Virginia (October 01, 1789) |
1789 |
That the loss to the defendent in the sale of his slaves must be attributed to the plaintiff, his letter addressed to John Davis being the only apparent origin of the report which occasioned that loss; and that the plaintiff, although he is believed not to have designed any injury, ought to make reparation; And the measure of that reparation... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Sprigg v. Weems |
2 H. & McH. 266, Court of Appeals of Maryland (May 01, 1789) |
1789 |
THIS was an appeal from the Court of Chancery. On the 13th of September, 1784, the appellants filed their bill in the Court of Chancery, against the appellees. By the bill it appears that James Weems, being possessed of a very considerable personal estate, consisting of slaves, stock, ready money, Continental and State of Maryland loan-office... |
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| State v. Gabb |
2 Del.Cas. 231, Supreme Court of Delaware (January 01, 1789) |
1789 |
Qui tam for exporting Negro James, for the penalty of £100 under the Act of 1789, [2 Del.Laws] 942. Benjamin Stout, special bail. |
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| State v. Lyon |
1 N.J.L. 403, Supreme Court of Judicature of New Jersey (January 01, 1789) |
1789 |
1. A habeas corpus, to try a negro's right to freedom, ought not to issue without the court or judge is satisfied that the case is a proper one; but it is not necessary that the preliminary facts should be proved by affidavits. 2. The court will not require the prosecutor to enter security for costs in a case of habeas corpus. 3. Oral testimony... |
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| Steel v. McKnight |
1 Bay 64, Courts of Common Pleas and General Sessions of the Peace of South (December 30, 1789) |
1789 |
THIS was an action of trover for a negro woman slave Venus, and her six children. The claim of the plaintiff was founded on a gift from his grandfather, made to him when he was a boy, upwards of eighteen years ago. It appeared, from the evidence of one Leslie, at the trial, that he was employed by Barnes, the grandfather of Steel, as a ploughman,... |
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| v. Gaston |
1 N.J.L. 52, Supreme Court of Judicature of New Jersey (January 01, 1790) |
1790 |
An action to recover the penalty for trading with slaves should be qui tam on the act, and the judgment not vary from the penalty. Certiorari to Justice Hunt. This was an action of debt, to recover the penalty for trading with Gaston's negro. The justice gave judgment for £4 1s.i 6id., in favor of Gaston. Reverse the judgment. The action... |
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| Bates v. Gordon |
3 Call 555, Supreme Court of Appeals of Virginia (June 01, 1790) |
1790 |
In detinue, if the jury find for the plaintiff, the slaves, if to be had, or 250l. for each slave, and damages 1d; and the Court render judgment for the slaves, if to be had, and if not, the price found by the jury, with the damages and costs, it is not error, [though no price or value be laid in the declaration.] David Bates, son and heir of John... |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
| Crump v. Dudley |
3 Call 507, Supreme Court of Appeals of Virginia (June 01, 1790) |
1790 |
E. P. DEVISES A SLAVE TO HER DAUGHTER FOR LIFE; AND, IF SHE DIES before my son J. P., then to be given to my son J.; after which, she gave the remainder part of her estate to be equally divided among her four children, T., J., M. and S. It seems that the remainder in the slave passes. The wife's conveyance of her property before marriage, was... |
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| Farrell v. Perry |
2 N.C. 2, Superior Courts of Law and Equity of North Carolina (October 01, 1790) |
1790 |
who delivered the opinion of the court, If a father at the time of his daughter's marriage, puts a negro or other chattel into the possession of the son-in-law, it is in law a gift, unless the contrary can be proven. For otherwise creditors might be drawn in by false appearances. In this case it was ruled per curiam, that a man interested in the... |
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| Hughes v. Clayton |
3 Call 554, Supreme Court of Appeals of Virginia (June 01, 1790) |
1790 |
If an administrator brings detinue, he is not bound at the trial, to produce the certificate for his obtaining letters of administration, unless he receives notice that it will be required. Evidence of a communication between the father and his daughter's deceased husband, as to the consideration on which a parol gift for slaves was founded, may be... |
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| State v. Anderson |
1 N.J.L. 36, Supreme Court of Judicature of New Jersey (January 01, 1790) |
1790 |
Slaves sold by executors by virtue of these words in a will, I leave my two negro girls to be sold by my executors, for the term of fifteen years, and at the end of that term to be free, cease to be slaves from the sale, and are merely servants; and a child born of one of them, during the term, is free. This was a habeas corpus to... |
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| State v. Farlee |
1 N.J.L. 41, Supreme Court of Judicature of New Jersey (November 01, 1790) |
1790 |
On habeas corpus the court have no power to order a jury to determine the questions of fact that may arise: the court are the constitutional judges. This was a habeas corpus to bring up the body of negro Joe. We have no power in such a case to order a jury. This is not directly a case of property--it is one of personal liberty--it is a writ of... |
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| State v. Prall's Adm'rs |
1 N.J.L. 4, Supreme Court of Judicature of New Jersey (January 01, 1790) |
1790 |
Declarations by a master, that his slave shall be free after his death, in consequence of his good behavior, amount to an actual manumission; or at least to a promise by which his representatives are bound. In this case a habeas corpus cum causa had issued out of this court, directed to the defendant, commanding him to bring up the body of negro... |
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| Butler v. Parks |
1 Va. 76, Supreme Court of Appeals of Virginia (April 01, 1791) |
1791 |
The judgment of the County Court is certainly erroneous, in not finding the whole issue. The jury should have found that the defendant did, or did not, detain the fifth slave. This is exactly like the case of Custice v. Posey in the old General Court; which was an action of detinue for three cows, and the jury having only found a verdict as to two,... |
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| Dade v. Alexander |
1 Va. 30, Supreme Court of Appeals of Virginia (April 01, 1791) |
1791 |
Money directed by will to be laid out in slaves, and annexed to lands devised in tail by the same will, are to be considered as slaves, and will go with the land in tail. A feme sole entitled to slaves in remainder, or reversion, afterwards marrying, and dying before the determination of the particular estate, the right rests in the husband. IN... |
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| Dandridge v. Lyon |
Wythe 123, High Court of Chancery of Virginia (October 01, 1791) |
1791 |
The testament of M. F. besides a bequest of a negro girl to E. W. after the death of her mother, said, I give and bequeathe unto my mother all the remainder of my estate during her natural life; then after her death, this estate to return to W.P. After the death of the mothor M F's heir at law brought detinue for certain slaves then... |
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| Dill v. Dill |
1 Des. 237, Court of Chancery of South Carolina (September 01, 1791) |
1791 |
The complainants bill stated, that John Dill died seized and possessed of a considerable real and personal estate, and that he duly executed his last will and testament on the 25th of October, 1780, in and by which he made the following dispositions:-I give and bequeath unto my wife Sarah Dill, several negro slaves, [by name,] with the future... |
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| Hearne v. Roane |
Wythe 90, High Court of Chancery of Virginia (October 01, 1791) |
1791 |
That in the slaves, to the possession of which the plaintiff Anne, by the marriage contract between her former husband, William Roane, the testator, and herself, was intitled, in lieu of dower, those which were her property, at the time of her intermarriage, ought not to have been included, because the slaves, which by the contract, she should have... |
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| Madox v. Hoskins |
2 N.C. 4, Superior Courts of Law and Equity of North Carolina (September 01, 1791) |
1791 |
THE defendant had purchased a negro of Ward, who pretended a title under the plaintiff, and called a man who also had purchased one other negro of Ward, who claimed it in the same manner--objected, he is interested in the question. To this it was answered, that the case of Farrel and Perry, in Halifax, October, 1790, had settled this point, and had... |
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| Mayo v. Carrington |
4 Call 472, Supreme Court of Appeals of Virginia (November 01, 1791) |
1791 |
The testator having made several specific devises, and being about to bestow the rest of his property, there was one species of it which he wished to exempt from the general disposition he intended to make of the residuum, namely, his slaves; whom he desired to manumit. But as the law did not, at that time, permit emancipation, and it was uncertain... |
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| Merrit v. Warmouth |
2 N.C. 12, Superior Courts of Law and Equity of North Carolina (October 01, 1791) |
1791 |
DETINUE. Warmouth had hired the negro in question of Waller; and the negro had been demanded while in his possession; but before the issuing of the writ he delivered the negro to Waller, so that the negro was not in the defendant's possession at the time of the action brought. Per Ashe and Spencer, yet a recovery may be had against him, and ruled... |
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| Mitchell v. Clarke |
1 N.C. 29, Superior Courts of Law and Equity of North Carolina (January 01, 1791) |
1791 |
Plaintiff may, under the book debt law, (1 Rev. Stat., ch., 15) prove work and labour done by his slaves, and also goods sold and delivered for the use of the defendant by sundry persons and paid for by the plaintiff. Motion by Iredell for plaintiff to prove work and labor done, not by the plaintiff himself, but by negroes which he employed: and... |
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| Phaelon v. McBride |
1 Bay 170, Courts of Common Pleas and General Sessions of the Peace of South (May 01, 1791) |
1791 |
Court unanimously of opinion, that the negro boy was no?? liable to be distrained; upon the principle that goods in the way of trade, are exempted; and also, because indentures o?? apprenticeship are not, even in England, liable to distress?? The case of Himely vs. Wyatt, &c. was adjudged upon wis?? and legal principles, and is much in point. In... |
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| Seekright v. Carrington |
1 Va. 45, Supreme Court of Appeals of Virginia (October 01, 1791) |
1791 |
After several bequests to different persons, and a request that her executors will endeavour to obtain an act of Assembly for the manumission of his slaves, the testator adds, that in case his executors should fail in obtaining such an act, on that condition, and no other, he gives his said slaves, and his other property, remaining after... |
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| State v. Beaver |
1 N.J.L. 80, Supreme Court of Judicature of New Jersey (April 01, 1791) |
1791 |
Court will not order a jury to try facts disputed on a habeas corpus. A habeas corpora was directed to defendant for Abraham, a negro, and his wife, Dolly. Leake and Stockton for master. Defendant returned that they were his slaves for life, and prayed it might be inquired of by the country. For the trial by jury, Leake insisted that a habeas... |
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| State v. Welch |
1 Bay 172, Courts of Common Pleas and General Sessions of the Peace of South (May 01, 1791) |
1791 |
Tot. Cur. This oath in exculpation, is only to be permitted or allowed to masters, overseers, or others, having the charge or care of negroes; and not to those who have not imdiately the direction of them. The prisoner was found guilty of manslaughter; and the Court sentenced him to pay a fine of 501. sterling, and stand committed 'till paid. |
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| Turpin v. Turpin |
Wythe 137, High Court of Chancery of Virginia (October 01, 1791) |
1791 |
P. T.'s will, dated 1789, gave and bequeathed ten negroes, naming them, and lands. He then owned neither, but only possessed part of the land. He afterwards acquired them by the will of his father. HELD by the H. C. C. and decree affirmed by Court of Appeals. 1. That the devise of the lands was valid, by the Stat. of 1785-7, allowing devises of all... |
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| Woodson v. Woodson |
Wythe 129, High Court of Chancery of Virginia (October 01, 1791) |
1791 |
1. A creditor with whom a pawn yielding profit is deposited, ought to account for such profit, though he has not undertaken to do so: e. g. If A. lend B. tobacco and, to secure the payment thereof, B. deposit with A. a slave, A. shall account for the profits of said slave, after deducting therefrom the interest on the tobacco. 2. B. by the... |
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| ABDUCTION AND RESTITUTION OF SLAVES. |
1 U.S. Op. Atty. Gen. 29 (November 01, 1792) |
1792 |
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| Com. v. Williams |
1 Va.Cas. 14, General Court of Virginia (June 26, 1792) |
1792 |
THE prisoner was indicted for the larceny of a slave, of the goods and chattels of one Elizabeth Edwards, and out of the possession of the said Elizabeth Edwards. The jury found a verdict in the following words: We of the jury do find that William Williams, the prisoner at the bar, did steal, take and carry away, the negro... |
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| Jenkins v. Tom |
1 Va. 123, Supreme Court of Appeals of Virginia (October 01, 1792) |
1792 |
At what time Indians might be made slaves of, and when not;--and what Indians they were. THIS was an action of tresspass, assault and battery, and false imprisonment, brought by the appellees in the District Court of Northumberland, to recover their freedom. Plea, that the plaintiffs are slaves. Replication, that they are free, and not slaves; upon... |
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| Johnston v. Dilliard |
1 Bay 232, Courts of Common Pleas and General Sessions of the Peace of South (April 01, 1792) |
1792 |
SPECIAL action on the case, in nature of ravishment of ward, to try the freedom of a negro female slave called Miley, and her children. The plaintiffs in this action were of the society of the people called Friends or Quakers, and had taken uncommon pains to procure this wench and sundry others, their freedom. It was stated and admitted at the... |
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| Somervell v. Hunt |
3 H. & McH. 113, General Court of Maryland (October 01, 1792) |
1792 |
THIS was an appeal from Calvert county court. It was an action on the case for the escape of a runaway negro. By the bills of exceptions taken at the trial at September term, it appears: 1. The plaintiff offered in evidence an advertisement in the Maryland Gazette, which advertisement is as follows: May 6, 1784. Committed to Calvert county... |
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