TitleCitationYearSummaryMost RelevantTypeStatus
Fanny v. State 6 Mo. 122, Supreme Court of Missouri (October 01, 1839) 1839 This is an indictment for the murder of William Florence, against Fanny, a slave of Wm. Prewitt. The indictment was found in Lincoln Circuit Court, the county in which the murder is charged to have been committed, at the November term of said court, 1838. The defendant was arraigned and pleaded not guilty. At the same time, on the petition of... Most Relevant Cases  
Findlay v. Hickman 10 Leigh 354, Supreme Court of Appeals of Virginia (July 01, 1839) 1839 I am of opinion that the injunction in this case should have been dissolved and the bill dismissed. The transaction is simply this. Jones, a debtor, possessing a slave incumbered to more than his value, and no doubt desirous, by private sale, to get as much as possible for him in order to extinguish so much of his debt, sells him to Hickman for 900... Most Relevant Cases  
Frasier v. State 6 Mo. 195, Supreme Court of Missouri (September 01, 1839) 1839 The appellant was indicted in Ste. Genevieve county, for selling spiritous liquors to a slave without the permit in writing from his master; under the 7th section of the act concerning grocers. The indictment after laying the venue, charged that defendant exercising the trade and business of a grocer, did then and there, sell spiritous... Most Relevant Cases  
Grundy's Adm'rs v. Simpson's Heirs 8 Dana 140, Court of Appeals of Kentucky (April 27, 1839) 1839 FROM THE CIRCUIT COURT FOR MASON COUNTY. Interest was properly allowed; so also, was the two hundred and fifty dollars allowed in the settlement as interest on notes and bonds for slave hire. And the allegation in the cross bill, as to the overpayment to Thomas Simpson, is not sufficiently specific to authorize a decree over against him, by taking... Most Relevant Cases  
Hales v. Griffin 2 Dev. & Bat.Eq. 425, Supreme Court of North Carolina (December 01, 1839) 1839 Where a testator devised and bequeathed all his estate, consisting of land, slaves and perishable property, such as household furniture and live stock, to his wife for life, and then proceeded, and at the death of my wife, the property then remaining to go to my son A. H. And provided he should be then dead, to go to his lawful heirs, if any; and... Most Relevant Cases  
Hays v. Hays 20 Tenn. 402, Supreme Court of Tennessee (July 01, 1839) 1839 This is an action of slander for speaking the words following, viz.: You have killed a negro and nearly killed another; I would not give a fourpence for it. To the declaration there was a demurrer, which was sustained by the court below on the ground that these words are not actionable. It is true these words do not necessarily impute a charge... Most Relevant Cases  
Hill v. Brennan Rice 285, Court of Appeals of Law of South Carolina (May 01, 1839) 1839 Trover for negroes. The intestate, Mary Hill, had had the negroes in her possession for thirty years. For the years 1834 and 1835, the defendant, Brennan, hired the negroes from her. In 1836, after the term of hiring expired, the negroes were demanded, and Brennan refused to return them. Mary Hill, the plaintiff's intestate, took out letters of... Most Relevant Cases  
Horsely v. Branch 20 Tenn. 199, Supreme Court of Tennessee (December 01, 1839) 1839 This is an action to recover the value of a negro man slave that was hired by the defendant in error to the plaintiff in error, and was drowned while in the service of said plaintiff in error. There are three counts in the declaration. The 1st count alleges that Branch hired his negro man, Isaac, to Horsely for the term of twelve months, and that... Most Relevant Cases  
In re Ralph Morris 1, Supreme Court of the Territory of Iowa (July 01, 1839) 1839 Where a slave goes with the consent of his master to become a permanent resident of a free state, he cannot be regarded as a fugitive slave. The act of 1820, for the admission of Missouri into the Union, which prohibits slavery north of 36 deg., 30 min., was not intended merely as a naked declaration, requiring further legislative action to carry... Most Relevant Cases  
In re Williams Crabbe 243, District Court, ED Pennsylvania (March 08, 1839) 1839 This was a proceeding under the act of February 12, 1793 (1 Stat. 302), by Ruth Williams, claiming the delivery of Isaac, or William Stansbury, as a slave. Most Relevant Cases  
Ingraham v. Russell 3 Howard 304, High Court of Errors and Appeals of Mississippi (January 01, 1839) 1839 Covenant for the false warranty in the sale of three negroes, one of whom was diseased with the small pox at the time of sale, and another was idiotic and unsound; with the third no fault was found. The price paid for the slaves was 2550 dollars; verdict for damages 2200 dollars: Held, it was unjust that the plaintiff should retain all the negroes,... Most Relevant Cases  
Johnson v. Wideman Rice 325, Court of Appeals of Law of South Carolina (May 01, 1839) 1839 Deceit committed by the vendor in the sale of property, like any other fraud, may have the effect to discharge the vendee entirely or partially, from the payment of the consideration money.(S. P. Adams v. Wylie, 1 N. & M'Cord 78.) But damages arising from a deceit in the sale of property (e. g. a negro.) cannot be set up by way of discount,... Most Relevant Cases  
Jones v. Green 3&4 Dev. & Bat. 488, Supreme Court of North Carolina (December 01, 1839) 1839 It does not appear to us, that this was a proper case for a non-suit. We are now to take it for granted, that the plaintiff is the owner of the slave, and the objection is, that there was no detention by the defendant to authorise this action for the specific thing. As to the want of a demand: we have held in Knight v. Wall, 2 Dev. & Bat. 125, that... Most Relevant Cases  
Joyner v. Vincent 3&4 Dev. & Bat. 652, Supreme Court of North Carolina (December 01, 1839) 1839 An instrument in the form of a bill from A to B, for a female slave, with this proviso, provided if the said A should well and truly pay unto the said B, the above sum herein mentioned, before his death, then the above obligation to be void--only the increase, if any, to remain the property of B, is a mortgage to secure the re-payment... Most Relevant Cases  
Kennedy v. Purnell 5 Cranch C.C. 552, Circuit Court, District of Columbia (March 01, 1839) 1839 Petition for freedom on the ground that the petitioner [William Kennedy, a negro] was brought into Virginia, and kept therein one whole year together, contrary to the second section of the Virginia act of the 17th of December, 1792 (P. P. 186). This fact was proved by the plaintiff's evidence. The defendant [Clarissa Purnell] contended that the... Most Relevant Cases  
Kinley v. Fitzpatrick 4 Howard 59, High Court of Errors and Appeals of Mississippi (December 01, 1839) 1839 A bill of sale which represents negroes as sound in mind and body is a good warranty (semble.) Any language by the vendor which amounts to an affirmation that the property is sound, is a good warranty, although the word warrant be not used. Whether the affirmation amounts to a warranty or to an assertion merely, is a proper question for the jury. Most Relevant Cases  
Lewis v. Mobley 3&4 Dev. & Bat. 467, Supreme Court of North Carolina (June 01, 1839) 1839 Where a slave, who was bequeathed to one for life and then over, had been carried off and not heard from for more than seven years before the death of the tenant for lite, it was held, in an action of trover for the slave by the ultimate proprietor, after the death of the tenant for life, that a presumption of the slave's death arose after seven... Most Relevant Cases  
Lowe v. Weatherley 3&4 Dev. & Bat. 353, Supreme Court of North Carolina (June 01, 1839) 1839 A receipt and acquittance under seal, contained in a bill of sale for slaves, has the effect of a release and estops the vendor from explaining or contradicting by parol the payment of the purchase money. The giving time or forbearing to sue for a precedent debt, where the party has a remedy in some court either at law or in equity, is a good... Most Relevant Cases  
Macey v. Fenwick's Adm'r 9 Dana 198, Court of Appeals of Kentucky (December 07, 1839) 1839 FROM THE CIRCUIT COURT FOR FRANKLIN COUNTY. In June, 1822, William Fenwick filed, in the Franklin Circuit Court, a bill in chancery against Alexander Macey, for the redemption of some slaves of whom Macey had been possessed for several years, under a written transfer from Fenwick, which the latter claimed to have been a mortgage. A party (F)... Most Relevant Cases  
Magruder v. Stewart's Adm'rs 4 Howard 204, High Court of Errors and Appeals of Mississippi (December 01, 1839) 1839 Where B. by his will bequeathed to his daughter A. a life estate in certain slaves, with directions that after her decease, they should go to the gross estate, and no further disposition was made of the slaves by the will, it was held that on the death of the testator, A. did not become the absolute owner by the merger of the particular estate and... Most Relevant Cases  
Maund's Adm'r v. McPhail 10 Leigh 199, Supreme Court of Appeals of Virginia (April 01, 1839) 1839 An inhabitant of Norfolk having, by his will, given all his negroes to the agent of the new colonization society in Africa, to do as he pleases with them, parol evidence is admitted to fill up the description of the person intended by the testator; and it appearing by the evidence, that the society meant is the american colonization... Most Relevant Cases  
McCutchen's Adm'rs v. McCutchen 9 Port. 650, Supreme Court of Alabama (June 01, 1839) 1839 Error to Jackson Circuit court. Detinue for slavestried before Lane, J. Most Relevant Cases  
McIsaacs v. Hobbs 8 Dana 268, Court of Appeals of Kentucky (June 15, 1839) 1839 FROM THE CIRCUIT COURT FOR NELSON COUNTY. Joshua Hobbs, as trustee of Catharine Higdon, for whose benefit several slaves and other property had been devised by her father, Jacob Cartmel, to Hobbs and others, brought this action of replevin against John McIsaacs, the coroner of Nelson County, for taking four slaves, part of the property devised as... Most Relevant Cases  
McKisick v. McKisick 19 Tenn. 427, Supreme Court of Tennessee (January 21, 1839) 1839 We are satisfied, from the testimony in this cause, that the defendant and Sallard, his late wife's father, intended and understood their conversation, after the death of Mrs. McKisick, as a promise on the part of McKisick to give the negroes to his daughter, Eleanor, rather than a gift of them to her by the old man, Sallard. Sallard himself, upon... Most Relevant Cases  
McLaughlin's Adm'rs v. Daniel 8 Dana 182, Court of Appeals of Kentucky (June 10, 1839) 1839 FROM THE CIRCUIT COURT FOR SCOTT COUNTY. Statement of the case. William Clark obtained judgment against John McLaughlin's administrators, for a demand due to their intestate, at the July Court, 1821, for two hundred and twenty one dollars fifteen cents damages, and eleven dollars forty seven cents costs. His execution was levied on a negro boy, by... Most Relevant Cases  
McMorine v. Storey 3&4 Dev. & Bat. 329, Supreme Court of North Carolina (June 01, 1839) 1839 The counsel for the defendant admits that if Joseph Davis was alive, and if the present plaintiff (a creditor of David) had sued him, he could have recovered, as Joseph was an executor de son tort of David. Osborne vs. Moss, 7 John. Rep. 161: But that as Joseph died in possession of the slaves, Storey intermeddled with them under a colour of right... Most Relevant Cases  
Mordecai v. Beal 8 Port. 529, Supreme Court of Alabama (January 01, 1839) 1839 Error to the Circuit court of Mobile. Detinue for a slave, tried before Judge Paul. Verdict and judgment for plaintiff. Most Relevant Cases  
Moss v. Green 10 Leigh 251, Supreme Court of Appeals of Virginia (April 01, 1839) 1839 A. being in want of money, B. his friend applies to C. to lend it, which the latter refuses, but says he will advance the money upon condition that A. will let him have a particular slave at a fair value. A conversation ensues as to the value of the slave, and $600. is fixed on as a fair price. Whereupon C. agrees that if A. will convey the slave... Most Relevant Cases  
Mountjoy v. Lashbrook 8 Dana 33, Court of Appeals of Kentucky (April 22, 1839) 1839 FROM THE CIRCUIT COURT FOR MASON COUNTY. By the last will of John Lashbrook, of the county of Mason, who died in 1835, lands, slaves, household furniture, and money, were devised to his two sons, William and Peter, in trust, for the use and benefit of his daughters, (of whom Mrs. Mountjoy, of the same county, is one,) to each of whom the testator... Most Relevant Cases  
Munnerlin v. Birmingham 2 Dev. & Bat.Eq. 358, Supreme Court of North Carolina (December 01, 1839) 1839 Where one took an absolute bill of sale for a slave for whom he paid a full price, and at the same time gave to the seller, on a separate paper, an instrument, promising that if the latter would, on some day in the ensuing month, tender' to him the same price, he would give him the same slave; adding, if failing to... Most Relevant Cases  
Murphey v. Goin 20 Tenn. 440, Supreme Court of Tennessee (July 01, 1839) 1839 This is an action of covenant brought to recover damages for the non-delivery of a slave, hired by the plaintiff in error from the defendant, upon the following covenant: Articles of agreement made and entered into between Levi Goin, of the county of Claiborne, and State of Tennessee, of the one part, and Pleasant Murphey, of the latter... Most Relevant Cases  
Nichols v. Burch 5 Cranch C.C. 553, Circuit Court, District of Columbia (March 01, 1839) 1839 Assault and battery and false imprisonment. The defendants [F. Burch and S. D. Waters], who were constables, justified the arrest and detention of the plaintiff [the negro Lloyd Nichols], under the by-law of the corporation of Washington, entitled An act concerning free negroes, mulattoes, and slaves, passed on the 31st of May, 1827, by the 6th... Most Relevant Cases  
Norment v. Smith 20 Tenn. 46, Supreme Court of Tennessee (December 01, 1839) 1839 On February 27, 1829, the present complainant sued Samuel G. Smith in the Smith circuit court, in detinue, for the negro boy Robin, now in dispute. Smith had obtained possession of Robin, June 7, 1728. The cause remained undisposed of until September 1, 1835, when Smith died. At the October term of the court his death was suggested, and at the... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Offutt v. Twyman 9 Dana 43, Court of Appeals of Kentucky (October 26, 1839) 1839 FROM THE CIRCUIT COURT FOR WOODFORD COUNTY. This is a suit brought by Offutt, against Twyman, on a covenant of warranty of soundness of a slave, sold by the latter to the former. The interest of a witness may be shown, by examing him, upon his voir dire, or by other evidence--at the election of the party objecting; when the interest is established... Most Relevant Cases  
Parkerson v. Dinkins Rice 185, Court of Appeals of Law of South Carolina (February 01, 1839) 1839 The vendor of a negro, though he sell as the agent merely of the owner and without any express warranty, is liable to the purchaser upon the implied warranty of soundness, where he has received notice of the unsoundness and the negro has been tendered back to him, before he has paid over the purchase money to his principal: and in such a case a... Most Relevant Cases  
Payne v. Sale 2 Dev. & Bat.Eq. 455, Supreme Court of North Carolina (December 01, 1839) 1839 The question for our decision is, whether the legal effect of these bequests be to vest the absolute equitable interest of the slaves in the testator's daughter, Mrs. Payne, or only the equitable interest therein, during her life. The court has fully considered the subject, and is of opinion that the latter is the correct exposition of the will. It... Most Relevant Cases  
Petway v. Powell 2 Dev. & Bat.Eq. 308, Supreme Court of North Carolina (June 01, 1839) 1839 The first question, which the parties wish this court to decide is, whether the child Martha's portion of the vested remainder in the slaves, given by Mr. Powell, in his will to his wife for life, passed, on Martha's death, to her brother and sister, John and Mary, with the balance of the property bequeathed to her (Martha,) under the second... Most Relevant Cases  
Phillips' Devisees v. Beall 9 Dana 1, Court of Appeals of Kentucky (October 09, 1839) 1839 FROM THE CIRCUIT COURT FOR MARION COUNTY. William Phillips devised to his wife slaves and personalty of considerable value, to be held by her during her life and at her death to be equally divided among her children, except Felix. It appears, that, at the date of the will, two of the testator's sons, who were also sons of the devisee for life,... Most Relevant Cases  
Pickard v. Brewer 2 Dev. & Bat.Eq. 428, Supreme Court of North Carolina (December 01, 1839) 1839 For the purposes of the present suit, it is unimportant whether the plaintiff made to his agent, Elijah Pickard, a formal letter of attorney or not, provided it sufficiently appear that he otherwise gave him authority to contract in his name for the conveyance of the plaintiff's interests in the land and slaves, or to submit the controversy to... Most Relevant Cases  
Ponton v. McLemore 2 Dev. & Bat.Eq. 285, Supreme Court of North Carolina (June 01, 1839) 1839 One of the questions presented in this case is free from difficulty. It is clear that the sum of $500, in the testator's will, is mentioned by way of diminution of, or deduction from, the share of the residue bequeathed in trust for Mrs. Avent and her children--and, therefore, the balance or surplus, to be divided between the testator's wife and... Most Relevant Cases  
Rainsford v. Rainsford Rice Eq. 343, Court of Appeals of Equity of South Carolina (May 01, 1839) 1839 The testator, in the first clause of his will, gives to his grand-daughter Esther, eleven negroes by name, absolutely and unconditionally, and in a subsequent clause, he makes a similar provision for his grand-daughter Mary, both then infant children of his son the defendant. In the eighth clause of his will, he says, and I do hereby appoint my... Most Relevant Cases  
Ready v. Commonwealth 9 Dana 38, Court of Appeals of Kentucky (October 25, 1839) 1839 FROM THE CIRCUIT COURT FOR WOODFORD COUNTY. This writ of error is brought to reverse a judgment on a scire facias, issued on a recognizance, acknowledged by Ready, as the owner of a slave named Cato, before two Justices of the peace who had committed Cato, to prison, on a charge of having feloniously caused the death of another slave, by striking... Most Relevant Cases  
Reed v. Brasher 9 Port. 438, Supreme Court of Alabama (June 01, 1839) 1839 Error to the Circuit court of Shelby. Case for the conversion of a slave, tried before Chapman, J. Most Relevant Cases  
Reed v. Howard County Circuit Court 6 Mo. 44, Supreme Court of Missouri (August 01, 1839) 1839 A slave, the property of Reed, was indicted in the Howard Circuit Court for arson, convicted, and by the judgment of the court, was ordered to be sent out of the State for 20 years. Reed moved the court to tax up the costs against Patrick Woods, who had the slave in his possession, when the arson was committed, under a contract of hire for one... Most Relevant Cases  
Rhame v. Ferguson & Dangerfield Rice 196, Court of Appeals of Law of South Carolina (February 01, 1839) 1839 Action of trover for fourteen slaves. One Broad, by his last will and testament, bequeathed certain slaves, with their future issue and increase, to John R. Dangerfield, in trust nevertheless, and for this purpose only, that the said D., his executors and assigns, should permit and suffer the said slaves, &c., to apply and appropriate their... Most Relevant Cases  
Richardson v. Thompson 20 Tenn. 151, Supreme Court of Tennessee (December 01, 1839) 1839 The bill in substance alleges that in 1814 the complainant, by an absolute bill of sale, for the consideration of $1,600 paid to him, although the bill of sale states a consideration of $2,600, conveyed to the intestate of defendant certain negroes; that the sale was in fact only for the life of the intestate, he having agreed at the time of the... Most Relevant Cases  
Rochelle v. Harrison 8 Port. 351, Supreme Court of Alabama (January 01, 1839) 1839 Error to Lowndes Circuit court. Detinue for slaves, tried by Pickens, J. Most Relevant Cases  
Roseman v. Hughey Rice 437, Court of Appeals of Law of South Carolina (May 01, 1839) 1839 A bill of sale of a negro, in the usual form, contained a warranty in these words, to have and to hold, all and singular, the said negro man George, and I do hereby bind myself, my heirs, executors, administrators and assigns, to forever warrant and defend the said negro unto the said Thomas Roseman, &c. HELD to be a warranty of title... Most Relevant Cases  
Ruddle's Ex'r v. Ben 10 Leigh 467, Supreme Court of Appeals of Virginia (July 01, 1839) 1839 (Absent Cabell and Brooke, J.) A slave, after being emancipated, is taken by execution to satisfy the debt of a former owner, contracted before he executed a bill of sale for the slave to the person by whom the emancipation has been made: HELD, a writ of habeas corpus is the appropriate remedy; and on this writ, it may be determined whether or no... Most Relevant Cases  
SEIZURE FOR SUSPECTED INTENTION TO PROSECUTE SLAVE-TRADE. 3 U.S. Op. Atty. Gen. 405 (January 12, 1839) 1839   Most Relevant Administrative Decisions & Guidance  
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