TitleCitationYearSummaryMost RelevantTypeStatus
Cox v. Murphey 2 Dev. & Bat. 257, Supreme Court of North Carolina (June 01, 1837) 1837 Articles made in contemplation of marriage, whereby the intended husband sells and assigns to a trustee all the right in slaves belonging to the intended wife, which he by operation of law may thereafter have, do not pass a title in the slaves to the trustee, but are merely executory, and binding the husband after... Most Relevant Cases  
Cross v. Black 9 G. & J. 198, Court of Appeals of Maryland (December 01, 1837) 1837 An acknowledged exception to the rule, which prohibits a party from producing his own declarations in his favor, is, where such declarations are necessary to explain an act, which takes its character from the design and intention of the party who does it. Declarations made by the owner of slaves, when about to remove with them from this state, and... Most Relevant Cases  
Cruise v. Christopher's Adm'r 5 Dana 181, Court of Appeals of Kentucky (April 20, 1837) 1837 FROM THE MADISON CIRCUIT COURT. Statement of the case. This bill was filed for the purpose of setting aside two instruments, by which James Christopher, the intestate, had conveyed to Temple Cruise, his whole estate, consisting of ten or twelve acres of land, five negro slaves, and a small personal property, in consideration that Cruise would... Most Relevant Cases  
DIXON (an alleged slave) v. ALLENDER (claimant.) 18 Wend. 678, Supreme Court of Judicature of New York (January 01, 1837) 1837 The Court, NELSON, Ch. J. presiding, directed the motion to be suspended until the next special term; in the mean time the attorney for the plaintiff to have leave to prepare and serve his declaration, and the attorney for the defendant to have leave to plead the proceedings had before the recorder under the act of congress, to which the plaintiff... Most Relevant Cases  
Dowell v. Bailey 18 Tenn. 489, Supreme Court of Tennessee (December 01, 1837) 1837 The charge of the judge indicates that his understanding of the operation of the act of 1801, ch. 25, is that the negro, having been possessed by Harris for more than five years, became his property; for if the property were not vested in Harris there was no reason for telling the jury that it would require a possession of the slave three years, by... Most Relevant Cases  
Ford v. Caldwell 3 Hill (SC) 248, Court of Appeals of Law of South Carolina (February 01, 1837) 1837 Where, in an action against the administrator, to recover for the services of a slave that had been in the possession of the intestate, it appeared that the slave had not been in the intestate's possession by the consent of the plaintiff, O'NEALL J., held that assumpsit would not lie. Justices GANTT, RICHARDSON, and BUTLER, held that this action... Most Relevant Cases  
Ford v. Caldwell Ril. 282, Court of Appeals of Law of South Carolina (February 01, 1837) 1837 In two points of view, the law of this case is against the plaintiff. The intestate was in possession under Swift the original owner, and the plaintiff's ces tuique trust. It is proved by the witness, Sarah Ford, that the negro was not in his (Churr's) possession by the consent of the plaintiff. If this be true, and it must here be so regarded, the... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Fryer's Adm'r v. Fryer 6 Dana 54, Court of Appeals of Kentucky (November 03, 1837) 1837 FROM THE CIRCUIT COURT FOR PENDLETON COUNTY. This was an action of replevin for a slave, in which, on the calling of the cause in the Circuit Court, the Judge quashed the writ, and rendered judgment for a restitution of the slave, because the sheriff, who had executed the writ, had failed to assess the value, or to report the assessed value of the... Most Relevant Cases  
Hagan v. Tobin 5 Dana 264, Court of Appeals of Kentucky (April 29, 1837) 1837 FROM THE CIRCUIT COURT FOR UNION COUNTY. Facts of the case. A fieri facias issued from the office of the clerk of the Union Circuit Court, in favor of Ben Tobin against Thomas Hagan, for five hundred dollars, with interest from the 27th day of June, 1823, and costs, and was levied by the Sheriff of Union county, on a negro woman and child. Leonard... Most Relevant Cases  
Ham v. Ham 1 Dev. & Bat.Eq. 598, Supreme Court of North Carolina (December 01, 1837) 1837 A bequest of chattels is within the rule in Shelley's Case; and the words I lend my daughter C., my negroes, &c., during her lifetime or widowhood, and then I give them to her lawful heirs, for them and their heirs forever, pass the absolute interest in the slaves to the daughter. WILLIAM SMITH in the year 1832, made his will, and among other... Most Relevant Cases  
Hamlin v. Alston 2 Dev. & Bat. 269, Supreme Court of North Carolina (June 01, 1837) 1837 The superior title of the defendant could be lost only by an actual possession adverse to him and continued for three years. We think with the Judge who tried the cause, that such a possession does not appear in this case. Although William Hamlin, as between themselves, might not have been allowed to withhold the slaves from the plaintiff, from... Most Relevant Cases  
Harriett v. Ridgely 9 G. & J. 174, Court of Appeals of Maryland (December 01, 1837) 1837 Upon a petition filed by a slave, stating her right to freedom at a future time, and asking in the meantime, that the party in possession might be compelled to give security not to remove her from the state, accompanied with a suggestion that he was about to do so; it was held that the court had no power to interfere, and that upon demurrer or... Most Relevant Cases  
Hill v. Corporation of Washington 5 Cranch C.C. 114, Circuit Court, District of Columbia (March 01, 1837) 1837 Appeal from three judgments rendered by a justice of the peace against the appellant [Ann A. Hill] for the penalty of $20 in each case, for not causing three slaves to be recorded on the books of the corporation, which she had brought into the city to reside; and for not depositing with the register an affidavit that they were bona fide her... Most Relevant Cases  
Hinton v. Hinton 1 Dev. & Bat.Eq. 587, Supreme Court of North Carolina (December 01, 1837) 1837 Slaves advanced by parol to a daughter by her father upon her marriage, and remaining in the possession of her husband until the death of the father intestate, are, under the act of 1806, (1 Rev. Stat. c. 37, sect. 17,) an advancement at the time of the marriage; and if the daughter die before her father, her husband, and not her children, are... Most Relevant Cases  
Hobbs v. Fogg 6 Watts 553, Supreme Court of Pennsylvania (July 01, 1837) 1837 A negro or mulatto is not entitled to exercise the right of suffrage at the general election, under the existing constitution and laws of Pennsylvania. WRIT of error to the Common Pleas of Luzerne county. This was an action on the case, brought in the court below by William Fogg, the defendant in error, against the plaintiffs in error, Hiram Hobbs,... Most Relevant Cases  
Horry v. Glover 2 Hill Eq. 515, Court of Appeals of Equity of South Carolina (February 01, 1837) 1837 Daniel Heyward, by his will, dated in 1778, gave to his brother Thomas, in trust for his (testator's) wife, for life, his plantation, known by the name of Springfield, together with all the negroes, plantation utensils, stock of cattle, hogs and sheep; also, twenty head of cows and calves, from his plantation called White Hall. All the residue of... Most Relevant Cases  
House v. Commonwealth 8 Leigh 755, General Court of Virginia (December 01, 1837) 1837 Indictment on the statute of January 27. 1829, Supp. to Rev. Code, ch. 184. ยง 1. charging that defendant did aid, abet and assist a certain negro man slave, viz. the slave of a certain G. E. D. to escape from his owner,--without specifying in what manner the slave was aided to escape, and without naming the slave,--held sufficient. On such... Most Relevant Cases  
Howard v. Samples 5 Dana 306, Court of Appeals of Kentucky (May 03, 1837) 1837 FROM THE CIRCUIT COURT FOR CALLOWAY COUNTY. John Howard, an infant boy of color, seeks the reversal of a judgment rendered against him in an action of trespass against John Samples on an issue upon a plea that he (Howard) is a slave. The mere delivery of a deed of gift, will not transfer the property in a slave the deed must be recorded, or the... Most Relevant Cases  
In re Richardson's Case 5 Cranch C.C. 338, Circuit Court, District of Columbia (November 01, 1837) 1837 Upon the return of a writ of habeas corpus, issued by order of the court, it appeared that the prisoner, William Richardson, a colored man, was committed by a warrant, issued by a justice of the peace, directed to the marshal, stating that whereas, F. B., a constable, had apprehended and brought before him, Negro William Richardson, charged... Most Relevant Cases  
Irving's Adm'r v. Irving's Adm'r 5 Mo. 28, Supreme Court of Missouri (September 01, 1837) 1837 The sale of one of the girls to Joseph Irving, jr., is a matter proven by plaintiff; and his contest in proof, is to establish Hannah, who died, to be the one sold. The defendants equally prove the purchase, and contend in proof that Nancy was the slave purchased; and both parties introduced all their positive proof to that point. The defendants... Most Relevant Cases  
Jackson v. Bulloch 12 Conn. 38, Supreme Court of Errors of Connecticut (June 01, 1837) 1837 The owner of a slave, born in a slave-holding state, has no right, by comity, to hold such person in slavery here. There is nothing in the constitution of the United States applicable to slaves, voluntarily brought into this state, by their masters. Slavery, to some extent, has been recognized, by the laws of this state. The constitution of this... Most Relevant Cases  
Jameson v. Emaline 5 Dana 207, Court of Appeals of Kentucky (April 24, 1837) 1837 FROM THE CIRCUIT COURT FOR BARREN COUNTY. Emaline, an infant girl of color, by her next friend, sued Jameson, in an action of trespass and false imprisonment in retaining her as a slave, and the Circuit Court, on the trial on an appropriate issue, having instructed the jury that she had a right to recover, verdict and judgment were accordingly... Most Relevant Cases  
Jennings v. Kavanaugh 5 Mo. 26, Supreme Court of Missouri (September 01, 1837) 1837 Jennings brought his action of trespass in the Circuit Court, against Kavanaugh. Kavanaugh pleaded not guilty, and issue was joined on that plea. The evidence in the case was, that a negro man belonging to Jennings, the plaintiff, was killed by another negro man belonging to Kavanaugh. It was in evidence, that they had been more than once fighting... Most Relevant Cases  
Jones v. Blake 2 Hill Eq. 629, Court of Appeals of Equity of South Carolina (May 01, 1837) 1837 In the case of Blake v. Jones, Chancellor HARPER considered Mr. Jones before the Court as a creditor. He weighed the transfer of the slaves to Mrs. Blake against Jones' claims as creditor, and decided that the transfer was valid. Although I do not see how this decision can be reconciled with Smith v. Henry, I am bound by it. If the Appeal Court... Most Relevant Cases  
Lane v. Dickerson 18 Tenn. 373, Supreme Court of Tennessee (December 01, 1837) 1837 The only question for the consideration of the court in this case is whether the bills of sale, absolute on their face, executed by complainant to defendant, one for a wagon and horses and the other for a negro man, were by the contract of the parties at the time of their execution intended to be mortgages. The bill expressly charges that they... Most Relevant Cases  
Lewis' Adm'rs v. Farish's Adm'rs 1 Howard 547, High Court of Errors and Appeals of Mississippi (January 01, 1837) 1837 On proof of sale of a species of property common in the country, the law will presume some value, and in absence of proof of the amount, a jury may find the average value at the time of sale. Omission by the jury to find the value of a negro on proof of sale, held good ground for a new trial. Most Relevant Cases  
Linville v. Black 5 Dana 176, Court of Appeals of Kentucky (April 20, 1837) 1837 FROM THE CIRCUIT COURT FOR BRACKEN COUNTY. Statement of the case. Black having, as constable, several executions of fieri facias against one Rudd, levied them on a slave (Joe) in his possession, mortgaged by him, more than two months before, to Haley and Linville, by a deed which had not been recorded; and the mortgagees having, on the next day,... Most Relevant Cases  
McConnell v. Peobles 1 Dev. & Bat.Eq. 601, Supreme Court of North Carolina (December 01, 1837) 1837 Allen Peobles will of course account for all the slaves and their increase which came to his possession as executor of Lewis Peobles. It is also the opinion of the Court, that the said Allen, and all the other defendants must account to the plaintiffs, for the purpose of division, for all the slaves and their increase, which had before belonged to... Most Relevant Cases  
McGinney v. Wallace 3 Hill (SC) 254, Court of Appeals of Law of South Carolina (February 01, 1837) 1837 Plaintiff's grand-father took his negro by the hand and put it into the hand of plaintiff, saying, this is no longer my property, but this child's, (plaintiff's,) but daughter, you must let her work for grand-father while he lives; and the donor kept the negro during his life, but always spoke of her as the plaintiff's. The Judge... Most Relevant Cases  
McMeekin v. Brummet 2 Hill Eq. 638, Court of Appeals of Equity of South Carolina (May 01, 1837) 1837 On the 8th day of January, 1792, William Brummet delivered two female slaves to Zadock Perry, who signed a receipt for them, in effect declaring a trust in them for the use of his (the donee's) daughter, Comfort Perry, and the heirs of her body, but should the said Comfort die without children to heir the said negroes, then the said negroes... Most Relevant Cases  
Moody v. Fuller 5 Cranch C.C. 303, Circuit Court, District of Columbia (March 01, 1837) 1837 Petition for freedom. Most Relevant Cases  
Moore v. Moore 5 Dana 464, Court of Appeals of Kentucky (October 10, 1837) 1837 FROM THE CIRCUIT COURT FOR CHRISTIAN COUNTY. This writ of error is brought to reverse a decree for dower in land and slaves, and for distribution of personalty, in favor of a widow, who had, within the time and in the mode prescribed by law, renounced the benefit of a provision made for her by her deceased husband's will. Executors purchasing out a... Most Relevant Cases  
Neely v. Lyon 18 Tenn. 473, Supreme Court of Tennessee (December 01, 1837) 1837 This is an action of detinue, and was brought by Neely, the plaintiff, to recover six negro slaves. The defendant pleaded the general issue, that she did not detain the slaves in question. On the trial it appeared in proof that the negroes had been in the possession of the plaintiff; but how he had obtained the possession of them from the... Most Relevant Cases  
Neely v. Wood 18 Tenn. 486, Supreme Court of Tennessee (December 01, 1837) 1837 John Wood, the father of the defendant in error, conveyed to him several slaves by bill of sale which was duly proved and registered. But after the execution of the bill of sale, and before its registration, John Wood, the father, made a parol gift of one of the slaves to one Todd, his son-in-law, to whom he was delivered, who sold and conveyed, by... Most Relevant Cases  
Negro Wright v. Rogers 9 G. & J. 181, Court of Appeals of Maryland (December 01, 1837) 1837 T, the owner of the petitioner, a female slave for life, on the 18th of May, 1832, executed and delivered to her a deed of manumission, which was duly acknowledged, but not recorded. T, subsequently, not being then in possession of the slave, sold and conveyed her by bill of sale, duly acknowledged and recorded to a purchaser, having knowledge at... Most Relevant Cases  
Nevett v. Berry 5 Cranch C.C. 291, District Court, District of Columbia (March 01, 1837) 1837 Trover for forty-nine slaves, sold by the defendant to the plaintiff, by the following bill of sale: For and in consideration of one dollar to me in hand paid, the receipt of which I hereby acknowledge, and the further sum of eighteen thousand seven hundred and seventy-four dollars to be to me well and truly paid on or before the first day of... Most Relevant Cases  
Newton v. Turpin 8 G. & J. 433, Court of Appeals of Maryland (June 01, 1837) 1837 In an action of trover for the value of a negro, sold, and converted by the defendant to his own use, it would be competent to him, under the plea of not guilty, to prove the right of the negro to his freedom. The legislature of Delaware in 1787, passed a law, declaring that all slaves carried into that state, after its passage, for sale, should be... Most Relevant Cases  
Owens v. Durham 5 Dana 536, Court of Appeals of Kentucky (October 18, 1837) 1837 FROM THE CIRCUIT COURT FOR GREEN COUNTY. Upon a covenant by Nathaniel Owens, to give Samuel Durham, for his services in working with his slaves, and superintending his farm during the year 1833, one seventh part of the corn, wheat, oats and rye, which should be raised and secured--the latter brought an action of covenant, averring a demand of... Most Relevant Cases  
Parker's Heirs v. Gilliam 18 Tenn. 394, Supreme Court of Tennessee (December 01, 1837) 1837 In this case the bill charges that Freeman and wife, administrators of complainants' intestate, committed a devastavit of their intestate's estate by confessing a judgment on a claim barred by the statute of limitations, in favor of the defendant, Gilliam, and, when the assets of the estate were sold by virtue of Gilliam's execution, a part of the... Most Relevant Cases  
Pate v. Baker 8 Leigh 80, Supreme Court of Appeals of Virginia (February 01, 1837) 1837 If we confine ourselves to this record as we find it, and do not improperly draw the inference from a verdict which has been set aside, that the record contained another declaration, very little difficulty occurs as to the pleadings. The record shews a declaration for the five slaves, the children of Amy, filed four years anteriour to the first... Most Relevant Cases  
Payne v. Lassiter 18 Tenn. 507, Supreme Court of Tennessee (December 01, 1837) 1837 The plaintiff brought against the defendant an action of detinue for a negro slave. It was proved on the trial that one Joe Brown, under a bequest in whose will the defendant claimed title to the negro in question, wishing, in August, 1826, to raise money, offered to sell the slave to plaintiff on the following terms, to wit, that he, Brown,... Most Relevant Cases  
Peggy v. Wilson 9 G. & J. 169, Court of Appeals of Maryland (December 01, 1837) 1837 By the act of 1823, ch. 87, the importer of slaves into this state, from any of the United States, is not required in the list which he is to deliver to the clerk of the county, to state the manner in which he acquired his title. If all the other requisitions of the pre-existing laws are complied with, the list is complete, though the mode of... Most Relevant Cases  
Pendleton v. Blount 1 Dev. & Bat.Eq. 491, Supreme Court of North Carolina (June 01, 1837) 1837 A testatrix, after a bequest of slaves, which was void, being for their emancipation, directed the balance of her estate to be sold, and after paying all her just debts, the surplus, if any, to be retained in the hands of her executor, and two-thirds of it to be laid out by him, for the clothing and support of her brother's children, and the other... Most Relevant Cases  
Petty v. Taylor 5 Dana 598, Court of Appeals of Kentucky (October 26, 1837) 1837 FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. This decree is for greatly too large a sum, unless Petty should be held accountable for a slave, Hannah alleged to have been given by him to his daughter Susanna Taylor, on whose estate he administered, and who was the mother of the complainant. Whether he should be held thus accountable, depends upon the... Most Relevant Cases  
Polydore v. Prince 1 Ware 402, District Court, D Maine (August 21, 1837) 1837 This was a libel for an assault and battery committed by the master on a passenger, on a voyage from Guadaloupe to Portland. It appeared from the evidence that the libellant was a slave in Guadaloupe, that he was put on board the vessel by his master, Mons. Bercier, in company with his son, Eugene, a youth of about seventeen years of age, whom he... Most Relevant Cases  
Powell's Heirs v. Powell's Heirs 5 Dana 168, Court of Appeals of Kentucky (April 18, 1837) 1837 FROM. THE CIRCUIT COURT FOR GREENUP COUNTY. Statement of the case. This bill was filed by a part of the heirs of Joseph Powell for the purpose of enjoining the children and heirs of Vincent Powell, who in right of their father are also heirs of Joseph Powell, from claiming any portion of the land, slaves or personalty of the estate of said Joseph,... Most Relevant Cases  
Prather v. Burgess 5 Cranch C.C. 376, Circuit Court, District of Columbia (November 01, 1837) 1837 Trover for slaves valued at eight thousand dollars. The defendant [Deborah Burgess] offered evidence that she owned the slaves before her marriage with the plaintiff's intestate [Burgess], and, while sole, conveyed them, by a deed of bargain and sale, to one Thomas Gassaway, in trust for her separate use, without the control of her future husband,... Most Relevant Cases  
Richards v. Towles 3 Hill (SC) 346, Court of Appeals of Law of South Carolina (May 01, 1837) 1837 The following case was argued and determined in the COURT OF ERRORS, consisting of all the Law Judges and Chancellors. Four years adverse possession of a chattel in another State, will not confer title against one here, who has no right to sue or enforce a legal remedy against the property. Where a negro, subject to the lien of an execution in this... Most Relevant Cases  
Russell v. Taylor 4 Mo. 550, Supreme Court of Missouri (June 01, 1837) 1837 In November, 1836, Russell brought an action on the case against Taylor, and declares that he was possessed of a certain slave in the State of Missouri, and that said slave went and came to the said defendant, and the defendant wrongfully and unjustly received the slave, and then and there carried and conveyed him from the State of Missouri across... Most Relevant Cases  
Samuel v. Sayre 5 Dana 226, Court of Appeals of Kentucky (April 27, 1837) 1837 FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. Statement of the case. On the 6th of May, 1828, Peter Cox, for the recited consideration of three hundred and twenty-five dollars, delivered, and transferred, by an absolute bill of sale, to Thomas Gray, a negro woman Nelly and her child, of whom he himself had, just before, obtained the possession, in... Most Relevant Cases  
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