TitleCitationYearSummaryMost RelevantTypeStatus
Seay v. White 5 Dana 555, Court of Appeals of Kentucky (October 21, 1837) 1837 FROM THE CIRCUIT COURT FOR CHRISTIAN COUNTY. This appeal is brought to reverse a decree for partition of slaves, between the appellees, who were complainants, and the appellants who were defendants below; and, as the right to partition is indisputable the only questions we shall consider are--(1.) whether the Circuit Court erred in rendering a... Most Relevant Cases  
Smith v. Bank of State of South Carolina Ril.Eq. 113, Court of Appeals of Equity of South Carolina (February 01, 1837) 1837 The charge in the bill is not, that the slave had fever and ague, at the purchase, which was subsequently attended with dropsy; but that she died of dropsy, which disease existed at the time of the sale. If, therefore, the plaintiff could derive any benefit from proof of unsoundness, she should be allowed an opportunity to produce it. But it was... Most Relevant Cases  
Spencer v. Pilcher 8 Leigh 565, Supreme Court of Appeals of Virginia (July 01, 1837) 1837 In action by owner against bailee of a slave, to recover damages for his loss, declaration contains three counts: the first is a common count in trover: the second alleges, that plaintiff being an infant, and known by defendant to be such, one J. S. agreed with defendant to hire plaintiff's slave to him for a year, to be employed on his farm,... Most Relevant Cases  
State v. Blease 1 McMul. 472, Court of Appeals of Law of South Carolina (October 01, 1837) 1837 It is not necessary, in an indictment under the Act of 1754, (P. L. 335-6,) for aiding a slave in running away and departing from his master's employment, to set out and aver the means used in aiding the slave to run away. It is sufficient, for all purposes, if the indictment charge the offence in the words of the Act. It must definitely and... Most Relevant Cases  
State v. Coleman Dud. 32, Court of Appeals of Law of South Carolina (December 01, 1837) 1837 A partner who was not present, and against whom there was no proof that he knew of, or in any wise assented to, the trading of his co-partner with a slave, cannot be made criminally liable for such act of the latter. Most Relevant Cases  
State v. Glasgow Dud. 40, Court of Appeals of Law of South Carolina (December 01, 1837) 1837 The Act of 1831 was intended to prevent the employment of a slave as an agent or clerk, to carry on the business of retailing in the absence of his owner or employer, though for the benefit of such owner or employer; it only reaches those cases where the slave makes the sale and receives the price, as well as delivers the liquor; it does not extend... Most Relevant Cases  
State v. Jarcke Ril. 296, Court of Appeals of Law of South Carolina (February 01, 1837) 1837 The defendant was indicted for selling liquor to a slave, named Joe, alleged to be the slave of George W. Eglestonverdict, guilty. Mr. Egleston proved, on the trial, that the negro, Joe, was held in trust, for the benefit of witness' family; that he was not the owner of the slave, nor had he a life estate in him; that he had... Most Relevant Cases  
State v. Morris 2 Harr. 534, Court of General Sessions of the Peace and Jail Delivery of Delaware (April 01, 1837) 1837 A felon convict who has been sold as a servant to pay restitution money and costs, may be indicted for a subsequent offence, as a freeman, though the act says such person shall not be considered or deemed to be a freeman. The act refers to political freedom, and does not create a freedom from liability to punishment for crime: as it would if such... Most Relevant Cases  
State v. Oxendine 2 Dev. & Bat. 435, Supreme Court of North Carolina (June 01, 1837) 1837 The act of 1831, c. 13, authorizing the hiring out of a free negro or free person of colour, convicted of an offence against the criminal laws of the state, for the payment of the fine imposed, where he is unable to pay the the same, does not extend to one who submits to the Court. Whether the act of 1831, c. 13, is repugnant to any of the... Most Relevant Cases  
State v. Rudolph Ril. 298, Court of Appeals of Law of South Carolina (February 01, 1837) 1837 The defendant was charged with having sold liquor to a slave whose name was inserted in the indictment, without the addition of the christian name of the owner, to whom the slave belonged; under the charge of the presiding judge, the defendant was found guilty. The following grounds of appeal have been taken for a new trial, and in arrest of... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
State v. Rudolph 3 Hill (SC) 257, Court of Appeals of Law of South Carolina (February 01, 1837) 1837 It is not necessary that the christian name of the owner of the slave should be inserted in an indictment for selling liquor to a slave. An objection of this kind comes too late after verdict; the proper course is by demurrer, or motion to quash the indictment. Most Relevant Cases  
Stoner v. State 4 Mo. 614, Supreme Court of Missouri (June 01, 1837) 1837 The warrant of commitment returned by the sheriff in obedience to the writ of habeas corpus, issued on the prayer of the petitioner, shows that he was committed to jail by the Mayor of the City of St. Louis, under the 21st and 22nd sections of the act concerning free negroes and mulattoes, approved March 14th, 1835. Under the provision of the 21st... Most Relevant Cases  
Susan v. Ladd 6 Dana 30, Court of Appeals of Kentucky (October 31, 1837) 1837 FROM THE CIRCUIT COURT FOR TRIGG COUNTY. Susan, a woman of colour, filed her bill against Elisha Ladd, asserting her right to freedom, under the last will and testament of Benjamin Ladd, deceased. She alleges that she had been permitted by the executors of the will, of whom the defendant was one, to go at large as a free woman, ever since the death... Most Relevant Cases  
Taylor v. Morton 5 Dana 365, Court of Appeals of Kentucky (October 03, 1837) 1837 FROM THE CIRCUIT COURT FOR JESSAMINE COUNTY. The appellee (George W. Morton) having obtained a ??udgment for damages against the appellants, for an al??eged tortious conversion of certain slaves, which he ??ad previously bought under a fieri facias against the ??ppellant, Gabriel I. Morton, who had been in the peace??ble and uninterrupted... Most Relevant Cases  
Tennent v. Dendy Dud. 83, Court of Appeals of Law of South Carolina (December 01, 1837) 1837 The right of personal protection of a slave, belongs to the master; and an action may be sustained by him against a third person for the battery of the slave, though he was hired out at the time, and the act complained of was not detrimental to the rights of the master. If the battery should cause loss of service to the hirer, he also may maintain... Most Relevant Cases  
The Garonne 36 U.S. 73, Supreme Court of the United States (January 01, 1837) 1837 The ship Garonne had arrived in New Orleans, about the 21st of November 1835; having on board a female, Priscilla, who had been born a slave in Louisiana, the property of the widow Smith, a native of that state, and resident in New Orleans. Mrs. Smith and her daughter, being in ill health, went from New Orleans, with her family, in 1835, to Havre,... Most Relevant Cases  
Thomas v. Alexander 2 Dev. & Bat. 385, Supreme Court of North Carolina (June 01, 1837) 1837 1. It is the settled rule of the Supreme Court, to affirm every judgment not seen to be erroneous. 2. The harbouring and maintaining a runaway slave, to be within the act of 1791, (Rev. c. 335, s. 4,) must be secret. THIS was an action upon the CASE, for harbouring a runaway slave, in violation of the act of 1791, (Rev. c. 335, sec. 4.) Plea, not... Most Relevant Cases  
Vanhook v. Vanhook 1 Dev. & Bat.Eq. 589, Supreme Court of North Carolina (December 01, 1837) 1837 The first question presented upon the pleadings is, whether under this bequest, the five children born after the death of the testator, and before the death of Littleton, be entitled to shares of the slaves bequeathed; and if so, the second question is, whether these children took, before the death of Littleton, vested interests which were capable... Most Relevant Cases  
Warfield v. Curd 5 Dana 318, Court of Appeals of Kentucky (May 08, 1837) 1837 FROM THE CIRCUIT COURT FOR MERCER COUNTY. This is an action of covenant prosecuted by Thomas B. Warfield against Benjamin Curd, for an alleged breach of the warranty of soundness contained in the following agreement in writing, averred to have been a bill of sale, to the plaintiff, of a female slave, named Maria:-- Covenant upon a writing... Most Relevant Cases  
Whitney v. Whitney 5 Dana 327, Court of Appeals of Kentucky (May 09, 1837) 1837 FROM THE CIRCUIT COURT FOR ALLEN COUNTY. Statement of the case. John Whitney died some years ago, leaving several children, among whom was Samuel and Jeremiah. Administration of his estate was granted to Samuel; who by agreement among all the heirs, made sale of the slaves, one of which was purchased by Jeremiah, at nine hundred dollars. A... Most Relevant Cases  
Williams v. Vance Dud. 97, Court of Appeals of Law of South Carolina (December 01, 1837) 1837 Where the purchaser of a negro is informed by the vendor, that the negro has been exposed to the measles, and he afterwards takes them, and dies, the vendor is not liable on an implied warranty. It seems, that where a slave dies of a disease which is not difficult to cure, but the seeds of which existed at the time of the sale, it is incumbent upon... Most Relevant Cases  
Willis v. Willis' Adm'rs 6 Dana 48, Court of Appeals of Kentucky (November 02, 1837) 1837 FROM THE CIRCUIT COURT FOR BOONE COUNTY. Statement of the case. B. G. Willis and William Willis made an exchange of slaves in the lifetime of the former, by which the latter exchanged a boy, with the former, for a girl. The possession of each remained with their former owners, as their mothers were owned by them. The girl died, and B. G. Willis... Most Relevant Cases  
Wilson v. Barnett 9 G. & J. 158, Court of Appeals of Maryland (December 01, 1837) 1837 When it appears by the inventory returned by an executor or administrator, that he is in possession of negro property belonging to the deceased, he is properly chargeable with their hire, or the value of their services, unless he shows by proof, an adequate excuse for not having received such hire, or value. And upon a petition for freedom, such... Most Relevant Cases  
Wilson v. Woodruff 5 Mo. 40, Supreme Court of Missouri (September 01, 1837) 1837 Wilson brought an action of detinue against Woodruff, for a negro woman. The defendant appeared and pleaded non detinet, property in himself, &c. Whereon the cause was continued to the next term of the court. At the next term of the court, and before the trial came on, the plaintiff, in pursuance of the statute, filed a bill of discovery, by which... Most Relevant Cases  
Wright v. Oldham 8 Leigh 306, Supreme Court of Appeals of Virginia (April 01, 1837) 1837 This case turns upon the construction of the will of Benedict Middleton, which bears date in 1782. The division which was made of Jane Wroe's estate is assailed as illegal, so far as respects that part of her slaves which she derived from her father, under the limitations of his will. The bill, indeed, demands a repartition of the lands and slaves... Most Relevant Cases  
Yarbrough v. Newell 18 Tenn. 376, Supreme Court of Tennessee (December 01, 1837) 1837 This bill is brought to redeem a negro girl, Caroline, which complainant alleges he had mortgaged to the defendant to secure to him the payment of certain sums paid by defendant to the creditors of complainant. The answer denies that the negro was mortgaged, and insists that defendant purchased the girl for a full price, and took from complainant... Most Relevant Cases  
Youmans v. Buckner 3 Hill (SC) 218, Court of Appeals of Law of South Carolina (February 01, 1837) 1837 Where the grantor conveyed his estate, real and personal, to his wife for life, and at her death, to his children, and in the conclusion of the deed says, and for the faithful execution of this deed, I do hereby appoint my sons, Levi and William, trustees for my wife and remaining children; and for the full and sure conveyance of said slaves... Most Relevant Cases  
Youngblood v. Flagg 11 La. 337, Supreme Court of Louisiana (September 01, 1837) 1837 APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, FOR THE PARISH OF ST, MARY, THE JUDGE OF THE DISTRICT PRESIDING. Most Relevant Cases  
Aikin v. Ballard Rice Eq. 13, Court of Appeals of Equity of South Carolina (December 01, 1838) 1838 A possession of negroes under purchase from a debtor, by judgment and execution, for more than six years, will be protected by the statute of limitations from the claims of the judgment creditor-but where the purchase is colorable merely, and the possession of the purchaser is held for the debtor in the execution, the lien of the execution attaches... Most Relevant Cases  
Allen v. Brown 5 Mo. 323, Supreme Court of Missouri (June 01, 1838) 1838 This was an action of assumpsit, commenced by Brown against Allen & Dougherty, in the St. Louis Circuit Court, to recover the value of a negro woman sold by them as auctioneers, The declaration contains three counts; the first and second, special counts, setting out in substance the same state of facts; that is, that the plaintiff delivered the... Most Relevant Cases  
Allen v. Pass 3&4 Dev. & Bat. 207, Supreme Court of North Carolina (December 01, 1838) 1838 The first question presented for our consideration in this case is, what is the proper construction of that clause of the will of Stephen Woodson under which the plaintiffs set up title to the negroes in dispute. The will was executed in Virginia, and the testator was domiciled in that State. The law of Virginia therefore governs its exposition. It... Most Relevant Cases  
Allen v. Sarah 2 Harr. 434, Court of Errors and Appeals of Delaware (June 01, 1838) 1838 A slave illegally exported from this state, is entitled to freedom from the time of such exportation. And the issue of a female slave so exported, born after exportation, are free, and their freedom may be decreed though the mother may not have obtained a decree declaring her free. On proof of exportation, it is for the claimant to show a license,... Most Relevant Cases  
Archer v. McFall Rice 73, Court of Appeals of Law of South Carolina (December 01, 1838) 1838 This was an action brought by the plaintiff, Archer, against the defendant as Sheriff, for an alleged trespass, in taking out of his possession a negro woman, named Sarah, and her two children, and selling them, as the property of one Van. Lawhon, under a judgment and execution against the latter, in favor of one Cherry. It appeared that Sarah was... Most Relevant Cases  
Austin Parker & Co. v. Gordon Dud. 270, Court of Appeals of Law of South Carolina (February 01, 1838) 1838 These two cases depending on the question how far the master of a slave, navigating a vessel, is liable for any injury to persons other than the shippers, arising from his negligence or unskillfulness will be considered together. The importance of the rule about to be settled by this decision, has not escaped the attention of the Court; and we have... Most Relevant Cases  
Banks v. Thomas 19 Tenn. 28, Supreme Court of Tennessee (April 09, 1838) 1838 This is an action of trover and conversion, brought by Thomas, the defendant in error, to recover several negro slaves. These slaves were the property of George C. Simons, and were by him conveyed to John Simons on the 12th of March, 1832, and by him conveyed to the defendant in error, on the 22d of October, 1833. The bill of sale from George C. to... Most Relevant Cases  
Bernard's Ex'rs v. Chiles 7 Dana 18, Court of Appeals of Kentucky (June 16, 1838) 1838 FROM THE CIRCUIT COURT FOR CLARKE COUNTY. In September, 1833, Bernard's executors obtained a judgment against William Chiles, for a female slave Esther and her son William, or their value, and damages assessed in an action of detinue, commenced on the 20th of August, 1826. This Court having affirmed the judgment, Chiles, afterwards, on the 13th of... Most Relevant Cases  
Boyle v. Townes 9 Leigh 158, Supreme Court of Appeals of Virginia (January 01, 1838) 1838 Both the counts in the declaration are upon the plaintiff Townes's own possession. In the first count, he states his possession of the slave as his own property; the declaration being filed in his name as curator and receiver of the hustings court of Petersburg in chancery. Those words, descriptive of the character in which he sued, may well be... Most Relevant Cases  
Brown v. Hicks 1 Ark. 232, Supreme Court of Arkansas (July 01, 1838) 1838 This is an action of detinue brought by the appellee, administrator of John Phillips, deceased, against the appellant, executor of the last will and testament of Thomas Phillips, deceased, for the recovery of the slave in the declaration mentioned. The declaration contains but one count, founded on a supposed case of bailment, and the unlawful... Most Relevant Cases  
Burkhead v. Colson 2 Dev. & Bat.Eq. 77, Supreme Court of North Carolina (June 01, 1838) 1838 Where a slave specifically bequeathed to a female infant, was mortgaged by the executor, it was held that a lapse of forty years barred the right of the executor to redemption, and that the executor being barred, the legatee was also, notwithstanding her infancy and subsequent averture. THE plaintiffs in their bill filed in the year 1826, alleged... Most Relevant Cases  
Caldwell v. Smith 3&4 Dev. & Bat. 193, Supreme Court of North Carolina (December 01, 1838) 1838 Where in a contest about the sale and delivery of a slave, it is doubtful from the evidence whether the delivery, which was made, was for the purpose of transferring the property to the vendee, or merely that he should hold as bailee until a sale should be effected by means of a bill of sale, the question should be submitted to jury as one of fact... Most Relevant Cases  
Carson v. Allen 6 Dana 395, Court of Appeals of Kentucky (May 31, 1838) 1838 FROM THE CIRCUIT COURT FOR SHELBY COUNTY. Statement of the case. Allen sold Carson a negro woman and child for four hundred and twenty-five dollars, to be paid by the acceptance of a bill, to be drawn in favor of Allen, on the firm of Carson, Wells and Griffin, at Natchez or New Orleans, at four months; and was to execute a bill of sale for the... Most Relevant Cases  
Caton v. Carter 9 G. & J. 476, Court of Appeals of Maryland (June 01, 1838) 1838 The orphans courts have no jurisdiction to decide upon controversies between master and apprentice. The particular order in which a party chooses to establish the facts of his case, is a matter for his exclusive consideration. APPEAL from the Orphans court of Anne Arundel county. THIS was a petition for freedom, filed on the 12th December, 1837, by... Most Relevant Cases  
Cheatham v. Burfoot 9 Leigh 580, Supreme Court of Appeals of Virginia (December 01, 1838) 1838 These cases have been argued, by the direction of the court, on preliminary questions affecting the rights of the complainants in the court below to sue in the characters they respectively held. Lawson Burfoot exhibited his bill in the character of one of the freeholders and housekeepers within the Manchester parish in the county of... Most Relevant Cases  
Cheney v. Duke 10 G. & J. 11, Court of Appeals of Maryland (December 01, 1838) 1838 Under the act of 1817, ch. 112, to prevent the unlawful exportation of negroes and mulattoes, and to alter and amend the laws concerning runaways, it is the duty of the purchaser to procure and have recorded, the bill of sale required by the fourth section. The mere omission of the vendor to give a bill of sale, will not prevent his maintaining an... Most Relevant Cases  
Clark v. Robbins 6 Dana 349, Court of Appeals of Kentucky (May 02, 1838) 1838 FROM THE CIRCUIT COURT FOR PENDLETON COUNTY. This bill was filed by Robbins, for the foreclosure and sale of a slave mortgaged to him by Clark, for the security of a certain sum due from him to the complainant; who, after the forfeiture of the condition, had the control of the slave, and was hiring him out and receiving the hire towards the... Most Relevant Cases  
Com. v. Major 6 Dana 293, Court of Appeals of Kentucky (April 24, 1838) 1838 FROM THE CIRCUIT COURT FOR FRANKLIN COUNTY. Upon the trial of an indictment against Olive T. Major, for keeping a tippling house, the Circuit Court refused to instruct the jury that, if they should believe from the evidence that an old negro man slave, the property of Major, had with his master's knowledge and permission, and in a house on his... Most Relevant Cases  
Conner v. Satchwell 3&4 Dev. & Bat. 202, Supreme Court of North Carolina (December 01, 1838) 1838 We concur in opinion with the Judge who presided at the trial, that the plaintiff did not make out a title to the negro for which her action was brought. In the second clause of the will which we are called on to expound, the testator bequeaths to his wife all his negroes during her natural life or widowhood--and in a subsequent clause, he gives... Most Relevant Cases  
Cooper v. Brown 7 Dana 333, Court of Appeals of Kentucky (October 31, 1838) 1838 FROM THE CIRCUIT COURT FOR JESSAMINE COUNTY. Upon the execution of a bond by William Cooper, as principal, and Alexander H. Atchison, as surety, an action of replevin was brought, by the said Cooper and James Headley and William Atchison, against George W. Brown, for a slave. The bond, and action. Brown pleaded, in abatement of the action, a... Most Relevant Cases  
Coots v. Morton's Executor 5 Cranch C.C. 409, Circuit Court, District of Columbia (March 01, 1838) 1838 An action by George Coots, a negro, against the executor of Mary Morton. Petition for freedom under the following clause of Mary Morton's will: I will that George, if he behaves well until the year 1837, and continues to hire for good wages, shall, at the end of that year, be free. Most Relevant Cases  
Cross v. Cross's Adm'r 9 Leigh 245, Supreme Court of Appeals of Virginia (February 01, 1838) 1838 I am of opinion, that the evidence in the cause establishes a loan from Tinsley to Cross, and not a gift; and that, therefore, the slaves in controversy are to be disposed of according to the will of Tinsley. The decree must be reversed, and the cause remanded for further proceedings. Most Relevant Cases  
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