TitleCitationYearSummaryMost RelevantTypeStatus
Rice v. Parham & High Dud. 373, Court of Appeals of Law of South Carolina (May 01, 1838) 1838 Where fire-arms are taken from a negro under the Act of 1819, and the owner, with a knowledge of the proceedings, does not oppose the condemnation by the magistrate, he cannot maintain trover against those who seize them and caused them to be condemned. Most Relevant Cases  
Ricks v. Dillahunty 8 Port. 133, Supreme Court of Alabama (June 01, 1838) 1838 Error to the Circuit court of Lauderdale. Debt, on a note given for the hire of negroes, tried before Lane, J. Most Relevant Cases  
Righton v. Wood Dud. 164, Court of Appeals of Law of South Carolina (February 01, 1838) 1838 Where a new forum has been created for the trial of cases which belonged to another, it has a superseding and paramount jurisdiction, and thereby deprives the old tribunal of all authority. The 2d section of the Act of 1821 repeals the 29th section of the Act of 1740, in relation to the trial of a free negro, mulatto, or mustizo, for harboring a... Most Relevant Cases  
Robertson v. Montgomery Rice 87, Court of Appeals of Law of South Carolina (December 01, 1838) 1838 In an action of assumpsit, for the price of two negro slaves, alleged to have been sold by the plaintiff to the defendant, it appeared that the plaintiff had, previously to the bringing of this suit, brought an action of trover against the defendant, for the same negroes, in which the jury had found a verdict for the defendant. The sale, upon which... Most Relevant Cases  
Robertson v. Wurdeman Dud. 234, Court of Appeals of Law of South Carolina (February 01, 1838) 1838 Pending an action of trover against the defendant, for the value of a negro woman, the defendant sold her, and whilst in the possession of the purchaser, she was delivered of a child. Held, that the defendant was not responsible in an action of trover, subsequently brought for its value. Nor would the liability of the defendant be different, though... Most Relevant Cases  
Sampson v. Burgwin 3&4 Dev. & Bat. 21, Supreme Court of North Carolina (June 01, 1838) 1838 In an action by a negro brought to try his right to his freedom, if evidence of his being reputed to be a freeman is offered, it is admissible to show in reply acts of ownership inconsistent with such reputation. A record of the County Court stating that upon the petition of the master it is ordered that the slave... Most Relevant Cases  
Scanland v. Settle 19 Tenn. 169, Supreme Court of Tennessee (December 01, 1838) 1838 The bill in this case alleges that one Burris, being indebted to the defendants in the sum of about $208, he executed to them his bonds, with Locke, the complainant's intestate, as his surety. In 1827, the defendants took a deed of trust from Burris, for a tract of land, a negro, and all his personal property, to secure the payment of certain debts... Most Relevant Cases  
Simpson v. Charleston Fire & Marine Ins. Co. Dud. 239, Court of Appeals of Law of South Carolina (February 01, 1838) 1838 Under the risks enumerated in a policy of insurance of slaves, against arrest, restraints, and detainments, of all kings, princes, or people, of what nation, condition, or quality soever, was held to be included the the issuing of a writ of habeas corpus by a judicial officer of a government, within the control of which the vessel was driven by... Most Relevant Cases  
Singleton v. Herriott Dud. 254, Court of Appeals of Law of South Carolina (February 01, 1838) 1838 In order to sell personal property under a decree in Equity, the commissioner must be regarded not only as the agent of the parties, but as being invested by the decree with the legal estate. Where the terms of sale preserved by the Court were, that the slaves should be sold on a credit of one, two and three years from the day of sale, the... Most Relevant Cases  
Smith v. Browne's Adm'r 9 Leigh 293, Supreme Court of Appeals of Virginia (March 01, 1838) 1838 The plaintiffs in equity, by proceeding to take a decree against Fox for the value of the slave James, abandoned their proceeding in rem, and could not afterwards proceed for the specific property against the purchaser pendente lite, as the title of the slave was changed by a decree for his value. As to Henry, he was sold by Fox to Alsop; and as... Most Relevant Cases  
Smith v. Garey 2 Dev. & Bat.Eq. 42, Supreme Court of North Carolina (June 01, 1838) 1838 Where the slaves of a feme sole were, upon her marriage, agreed to be settled upon the intended husband for life, and in default of issue subject to a power of appointment in the wife by writing in the nature of a will, and the wife died having made an appointment, and an Executor, and a creditor of hers obtained one judgment against the husband... Most Relevant Cases  
Smith's Ex'rs v. Field 6 Dana 361, Court of Appeals of Kentucky (May 04, 1838) 1838 FROM THE CIRCUIT COURT FOR CLARKE COUNTY. Statement of the case. Joseph Hamilton died in 1810, having first made and published his will, by which, among other things, he directed his executors, Henry Smith and George Hamilton, to sell certain negroes and put the proceeds out at interest until his mother's death, except that she was to have one-half... Most Relevant Cases  
State v. Bennett 3&4 Dev. & Bat. 170, Supreme Court of North Carolina (December 01, 1838) 1838 In an indictment for a riot and forcible trespass in entering a man's dwelling house, he being in the actual possession thereof, and taking from his possession slaves and other personal property, it is not necessary to show that the prosecutor had the right to the property, or the right to the possession, but whether he had in fact the possession... Most Relevant Cases  
State v. Claiborne 19 Tenn. 331, Supreme Court of Tennessee (December 01, 1838) 1838 The defendant was indicted in the Circuit Court of Maury county, under the Act of 1831, c. 102, as a free man of color, emancipated in Kentucky, for removing into this State and residing here more than twenty days. To this indictment he demurred, which demurrer was sustained by the Court, and the attorney-general prosecutes this appeal on behalf of... Most Relevant Cases  
State v. Hardy & Brunson Dud. 236, Court of Appeals of Law of South Carolina (February 01, 1838) 1838 The defendants were indicted for stealing the corn of the prosecutor, and were convicted. The evidence was, that they came in the night to one of his negroes, and inquired of him if he could let them have some bacon; they then separated, and after some hours the negro returned and spoke to them. He then went to the prosecutor's corn house, unlocked... Most Relevant Cases  
State v. Hathaway 3&4 Dev. & Bat. 124, Supreme Court of North Carolina (June 01, 1838) 1838 Harbouring or maintaining a runaway slave within the act of 1741, &c. (Rev. stat. ch. XXXIV, sec. 73,) consists in secretely aiding him by any means to continue absent from his master, knowing at the time of rendering such aid, that he was a runaway. THE defendant was tried on the last circuit at Edgecombe, before PEARSON, Judge, for... Most Relevant Cases  
State v. Manuel 3&4 Dev. & Bat. 144, Supreme Court of North Carolina (December 01, 1838) 1838 The act of 1831, ch. 13, (1 Rev. Stat. ch. 111, sec. 86, 87, 88, 89,) providing for the collection of fines imposed upon free negroes and free persons of colour convicted of any criminal offence, by directing them to be hired out under certain rules, regulations and restrictions, is not so clearly repugnant to the 39th section of the constitution,... Most Relevant Cases  
State v. Singletary Dud. 220, Court of Appeals of Law of South Carolina (February 01, 1838) 1838 A bequest of slaves to a trustee, in trust that he would permit them to be free, is void as to the trust, and vests the right of property in the trustee as a valid legacy to himself. But if he abandon his right of property and attempt to execute the trust, they may be seized under the Act of 1800, as illegally emancipated. Most Relevant Cases  
Swigert v. Thomas 7 Dana 220, Court of Appeals of Kentucky (October 19, 1838) 1838 FROM THE CIRCUIT COURT FOR JESSAMINE COUNTY. The facts. A fieri facias in favor of Vinton and Rockhill, another in favor of Gill, and two others in favor of the Bank of the Commonwealth, all against Jacob H. Holeman, having been levied in May, 1832, on a female slave (Laura,) and various articles of household furniture then in his possession in... Most Relevant Cases  
Taylor v. Brooks 3&4 Dev. & Bat. 273, Supreme Court of North Carolina (December 01, 1838) 1838 We are of opinion that the judgment must be affirmed, because this action cannot be maintained by the plaintiffs, as executors of Skelton Taylor. One of the facts disputed on the trial was, whether the slaves had been given or loaned by Clackson, the father-in-law, to Abraham Taylor. The plaintiffs contended that they had been given absolutely; and... Most Relevant Cases  
Tevis v. Eliza 7 Dana 394, Court of Appeals of Kentucky (December 11, 1838) 1838 FROM THE CIRCUIT COURT FOR SHELBY COUNTY. This was an action of trespass brought by Eliza, a woman of color, claiming to be free, against Tevis, by whom she was claimed and held as a slave. The action, etc., and questions for decision. To reverse a judgment rendered for the plaintiff, Tevis has appealed to this Court. And the principal questions... Most Relevant Cases  
Thompson v. Thompson 2 Howard 737, High Court of Errors and Appeals of Mississippi (January 01, 1838) 1838 Thompson, by an instrument of writing, gave to his children all his negroes, who were delivered as given, with the exception of thirteen and their increase, who, by the condition of the instrument of gift, were to remain in the possession of the donor during his life. By the court. The gift is good as to the negroes who were delivered, but... Most Relevant Cases  
Tindal v. Hudson 2 Harr. 441, Superior Court of Delaware (October 01, 1838) 1838 Two questions arise in this case, both of which are novel and interesting. The first is, whether a free negro in this state can hold a slave; the second, whether a father can hold his own children in slavery. In order properly to understand the first question, it becomes necessary to consider slavery as it has always existed in this state. We pass... Most Relevant Cases  
U S v. Pearl 5 Cranch C.C. 392, Circuit Court, District of Columbia (March 01, 1838) 1838 Indictment, under the penitentiary act (section 9) [against negro Frank Pearl] for stealing one silk reticule of the value of twenty cents, one silver pencil of the value of one dollar, one bank note to the amount of fifty dollars, of the value of fifty dollars, for the payment of fifty dollars; three bank notes, of the value of ten dollars each,... Most Relevant Cases  
Vann v. Hargett 2 Dev. & Bat.Eq. 31, Supreme Court of North Carolina (June 01, 1838) 1838 The first cause assigned for demurrer, is because the plaintiffs have a remedy at law by action of trover or detinue. After what was done by the County Court, and the long possession of the slaves by and under the mother, (tenant for life of the legacy,) the title of the plaintiffs seems to be admitted on both sides, to be a legal title; we also... Most Relevant Cases  
Vaughan v. Dickens 2 Dev. & Bat.Eq. 52, Supreme Court of North Carolina (June 01, 1838) 1838 The legacies to the testator's nephew William are clearly vested, and did not lapse by his death in the life-time of Mrs. Vaughan, the tenant for life. The words of the bequeathing clause impart a present gift of the specific slaves, to be delivered after the death of the testator's wife; that is, it is a limitation by way of a vested remainder or... Most Relevant Cases  
Warner's Ex'rs v. Swearingen 6 Dana 195, Court of Appeals of Kentucky (April 11, 1838) 1838 FROM THE CIRCUIT COURT OF FAYETTE COUNTY. Elijah Warner, late of Lexington in this State--owning a large estate in houses and lots in that city, and in slaves, choses in action, and other chattels--published a will, in January, 1828, whereby he gave to his only son, William Warner, twenty-two thousand dollars in real estate and slaves, specifically... Most Relevant Cases  
Weaver v. Tapscott 9 Leigh 424, Supreme Court of Appeals of Virginia (July 01, 1838) 1838 What constitutes a partnership, and for what contracts made by a partner the firm is liable. A member of a firm hires slaves, and the nature of the partnership and circumstances of the hiring are such, that all the partners would be held at law bound for the hire, if the contract of hiring rested in parol; but a specialty is executed for the hire,... Most Relevant Cases  
Whitesides v. Allen 2 Dev. & Bat.Eq. 153, Supreme Court of North Carolina (December 01, 1838) 1838 An equity of redemption in a mortgage of slaves or other personal property, is not in law subject to an execution, the act of 1812 (1 Rev. Stat. ch. 45, sec. 5,) extending to the equity of redemption in lands only. A party having a mortgage on a slave, will not, at the instance of a subsequent purchaser, be prevented from foreclosing it, upon the... Most Relevant Cases  
Whitesides v. Dorris 7 Dana 101, Court of Appeals of Kentucky (June 21, 1838) 1838 FROM THE CIRCUIT COURT FOR HOPKINS COUNTY. Dorris and wife filed their bill against Whitesides and Powell, to redeem several slaves alleged to have been mortgaged by Dorris to Whitesides, and by him afterwards transferred to Powell, by whom they were removed from the State into some foreign parts, and sold to persons unknown. The bill--its objects... Most Relevant Cases  
Wilder v. Richardson Dud. 323, Court of Appeals of Law of South Carolina (May 01, 1838) 1838 If a slave run away during the term for which he is hired, without fault on the part of the owner, the hirer must sustain the loss. Most Relevant Cases  
Withers v. Butts 7 Dana 329, Court of Appeals of Kentucky (October 30, 1838) 1838 FROM THE CIRCUIT COURT FOR ANDERSON COUNTY. Withers sued Butts for a breach of warranty of soundness of a female slave, sold and delivered by the latter to the former, on the 17th of February, 1836. The discovery of a witness by whom material facts can be proved, is not per se ground for a new trial, if the same facts were litigated on the trial... Most Relevant Cases  
Wynns v. Alexander 2 Dev. & Bat.Eq. 58, Supreme Court of North Carolina (June 01, 1838) 1838 It appears to us that the title to the slave, which at law was in the executors, was bona fide, and for a full consideration transferred by the executors to the widow. The act of Assembly (Rev. stat. 275) provides, when the estate of a person deceased shall be so far indebted, that the debts cannot be discharged by the moneys on hand, or by the... Most Relevant Cases  
Young v. Wickliffe 7 Dana 447, Court of Appeals of Kentucky (December 18, 1838) 1838 FROM THE CIRCUIT COURT FOR HARDIN COUNTY. This is an action of debt against Philip Love and Bryant T. Young, executors of William Love, deceased, suggesting a devastavit. Plene administravit is a good plea in debt for a devastavit--by statute. (S. L. 672.) Debt for a devastavit; plea--plene administravit; replication--denying the plea, and issue... Most Relevant Cases  
Zacharie v. Franklin 37 U.S. 151, Supreme Court of the United States (January 01, 1838) 1838 This case is brought into this Court, by a writ of error, to the district court of the United States, for the eastern district of Louisiana. It was a suit commenced by the defendant in error, for himself and wife, by a petition, according to the Louisiana practice, for the recovery of several slaves, (with their increase,) and other property,... Most Relevant Cases  
Butler v. Walker Rice 182, Court of Appeals of Law of South Carolina (February 01, 1839) 1839 Action of covenant. The defendants were contractors to embank a part of the rail road near Blackville; they hired from the plaintiff ten slaves to work thereon, and by their covenant agreed not to expose the slaves to rain or other bad weather, or dangers of any kind. The defendants also stipulated by their covenant that they would... Most Relevant Cases  
CASE OF THE AMISTAD-SURRENDER UNDER TREATY WITH SPAIN. 3 U.S. Op. Atty. Gen. 484 (November 01, 1839) 1839   Most Relevant Administrative Decisions & Guidance  
Chancellor v. Milly 9 Dana 23, Court of Appeals of Kentucky (October 21, 1839) 1839 FROM THE CIRCUIT COURT FOR MASON COUNTY. Milly, apparently a white woman, about forty years old, and who had been treated as a slave from her birth brought an action of trespass against Chancellor, who held and claimed her as his property. Reputation of maternity is admissible, as well in suits for freedom as in other cases; as where, the... Most Relevant Cases  
Chartran v. Schmidt Rice 229, Court of Appeals of Law of South Carolina (February 01, 1839) 1839 Under the trover act of 1827, it is not essential that the affidavit required by that act should be made by the plaintiff. The affidavit of a third person is equally competent; and in the case of a free person of color plaintiff, is proper and sufficient. Most Relevant Cases  
Chenault v. Barr 8 Dana 148, Court of Appeals of Kentucky (May 08, 1839) 1839 FROM THE CIRCUIT COURT FOR MADISON COUNTY. In June, 1822, in the prospect of a contemplated marriage, which was afterwards consummated, between Josiah Phelps and Mary Collins--they made a contract in writing with one Richard Morton, whereby it was agreed that Phelps should, in the event of the marriage, settle on his intended wife some slaves... Most Relevant Cases  
Collins v. Lofftus & Co. 10 Leigh 5, Supreme Court of Appeals of Virginia (January 01, 1839) 1839 (Absent Parker, J.) In general, a cestui que trust is not bound by a decree rendered against his trustees, in a chancery suit to which the cestui que trust was no party. The evidence to sustain an alleged parol gift by a father to his daughter on her marriage, should be clear and cogent. What evidence is insufficient to prove a loan of slaves. What... Most Relevant Cases  
Com. v. Barrett 9 Leigh 665, General Court of Virginia (December 01, 1839) 1839 To sustain a prosecution for the offence created by the first section of the act to suppress the circulation of incendiary publications, passed March 23. 1836 (Acts of 1835-6, ch. 66.) the person accused must be a member or agent of an abolition or antislavery society. A felony cannot be prosecuted by information. Adjourned case from the circuit... Most Relevant Cases  
Corcoran's Ex'rs v. Jones 5 Cranch C.C. 607, Circuit Court, District of Columbia (November 01, 1839) 1839 Assumpsit by Thomas Corcoran's executors against Roger Jones. General demurrer to the declaration, which contained five counts. 1. The first count stated that the defendant, in consideration that at his request the plaintiffs would sell and deliver to him two negro girls, one named Eleanor, of the value of $1,000, and one named Julia Ann, of the... Most Relevant Cases  
Covington Ferry Co. v. Moore 8 Dana 158, Court of Appeals of Kentucky (May 09, 1839) 1839 FROM THE CIRCUIT COURT FOR CAMPBELL COUNTY. A slave, named Preston, who had been in the habit of passing from Covington to Cincinnati, on the business of his master, (a tavern keeper of Covington,) having, on one Sabbath evening, passed on the ferry boat of the Covington Ferry Company, and escaped to Canada--Zedekiah Moore, the master, sued the... Most Relevant Cases  
Crawford v. Moses 10 Leigh 277, Supreme Court of Appeals of Virginia (May 01, 1839) 1839 (Absent Brooke, J.) The principle decided in Maria &c. v. Surbaugh, 2 Rand. 228. that where the mother is a slave until she attains a particular age, her children, born in the mean time, are born slaves, and continue to be so even after the mother's right to freedom accrues, again recognized and acted upon. A will contains the following clause:... Most Relevant Cases  
Curling's Adm'rs v. Curling's Heirs 8 Dana 38, Court of Appeals of Kentucky (April 22, 1839) 1839 FROM THE CIRCUIT COURT FOR TRIGG COUNTY. James Curling--who died in 1833 -- by his will, published in 1815, devised his estate to his wife during her life, and then made the following devise:--And at the decease of my said wife, it is my will and desire that my negro boy Harry shall cease from slavery and be emancipated and set free, and... Most Relevant Cases  
Dearin v. Fitzpatrick 19 Tenn. 551, Supreme Court of Tennessee (February 04, 1839) 1839 In this case the negro in controversy, being part of a legacy left complainant by her father, was reduced into possession, during her coverture, by the defendant as assignee of her husband. The assignment, by the husband, was for a valuable consideration, without any pretense of fraud as to him, and, to say the least, vested the assignee with all... Most Relevant Cases  
Dicken v. Cotton 2 Dev. & Bat.Eq. 272, Supreme Court of North Carolina (June 01, 1839) 1839 A lapsed legacy of slaves will not pass under the residuary clause of a will giving the residue or balance of the testator's money; but will be a residuum of the testator's property, undisposed of by his will, and of course go to his next of kin. The case of Simms vs. Garrott, 1 Dev. & Bat. Eq. Cas. 395 approved. A charge on a... Most Relevant Cases  
Donald v. McCord Rice Eq. 330, Court of Appeals of Equity of South Carolina (May 01, 1839) 1839 The testator, Alexander Donald, by his will, dated in 1803, bequeathed as follows: I lend to my daughter Nancy Gray, and Robert Gray her husband, for their lives, one negro man called Peter, and one negro called Little Frank, and one negro woman called Sary, with all her increase, and one feather bed and furniture, for their lives, and then... Most Relevant Cases  
Elijah v. State 20 Tenn. 102, Supreme Court of Tennessee (December 01, 1839) 1839 This is an indictment for an assault with intent to commit murder in the first degree, an offence which, in a slave, is capital by the provisions of our statute. He was convicted in the circuit court, and has prosecuted this appeal in error to reverse the judgment. It is argued by his counsel that, at the term previous to that when the verdict and... Most Relevant Cases  
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