TitleCitationYearSummaryMost RelevantTypeStatus
EXPENSES ON ACCOUNT OF THE AMISTAD NEGROES. 3 U.S. Op. Atty. Gen. 510 (April 11, 1840) 1840   Most Relevant Administrative Decisions & Guidance  
Fisher v. Commonwealth 10 Leigh 673, General Court of Virginia (June 01, 1840) 1840 Under the statute 1 Rev. Code, ch. 75. § 5. an indictment for employing or harbouring a free negro or mulatto, contrary to the statute Id. ch. 111. § 75. is a regular proceeding. What is a sufficient indictment for such offence. In the circuit superior court of Mason, at April term 1838, the grand jury found an indictment against Henry J.... Most Relevant Cases  
Fletcher v. Ferrel 9 Dana 372, Court of Appeals of Kentucky (May 14, 1840) 1840 FROM THE CIRCUIT COURT FOR PULASKI COUNTY. In 1791, James Norvell, a resident of Virginia, made his will, by which he bequeathed to his wife, Mary Norvell, all his slaves during her life, the remainder to his only son, William Norvell, and died shortly thereafter. William Norvell having become involved in debt, and being desirous to sell some of... Most Relevant Cases  
Force v. Haines 17 N.J.L. 385, Supreme Court of Judicature of New Jersey (January 01, 1840) 1840 In Error to Middlesex Common Pleas. Action of indebitatus assumpsit, can never be maintained unless upon a contract expressly made between the parties, or implied in law. No action will lie for a mere voluntary courtesy. A master is not liable to a third person, for the support of his infirm and helpless slave, when he has not only not permitted,... Most Relevant Cases  
Gaines v. McKinley 1 Ala. 446, Supreme Court of Alabama (June 01, 1840) 1840 The question necessary to be considered is, did the power of attorney from the defendant to Cockburn, confer an authority to warrant the soundness of the slaves to the purchaser? In Skinner v. Gunn, (9 Porter's Rep. 305,) this court say an authority to do an act, must include power to do every thing usual and necessary to its accomplishment. Thus,... Most Relevant Cases  
George v. Craig 6 Mo. 648, Supreme Court of Missouri (September 01, 1840) 1840 The record in this case shows that in September, 1838, the plaintiff, George, filed his petition in the Circuit Court of Cape Girardeau county, with a view to institute a suit for the recovery of his freedom. The suit was accordingly brought by leave of the court in forma pauperis, and in pursuance of the 8th section of the act to enable persons... Most Relevant Cases  
Glidewell v. Hite 5 Howard 110, High Court of Errors and Appeals of Mississippi (December 01, 1840) 1840 Where slaves had been introduced into the state as merchandize, since 1833, contrary to the provisions of the revised Constitution, relief in chancery after judgment at law, was refused on the ground, that the defendant had neglected to make his defence at law. This rule will not be departed from, for the reason that the contract was against public... Most Relevant Cases  
Goodman v. Floyd 21 Tenn. 59, Supreme Court of Tennessee (December 01, 1840) 1840 This is an action for detinue of two negroes, the value of which are specified in the writ and declaration. In the declaration the damages for the detention are laid at $500. In the verdict of the jury the value of the negroes is assessed at different and higher prices than that fixed by the declaration, and the damages for the detention are... Most Relevant Cases  
Graham v. Alexander 5 Cranch C.C. 663, Circuit Court, district of Columbia (March 01, 1840) 1840 The jury found the following special verdict: We find that the petitioner [Moses Graham] is the son of Milly, who was the slave of Miss Brown, who resided in Georgetown about the year 1790; and for two or three years afterwards, with her sister Mrs. Magruder. That she afterwards lived with the same sister in Maryland; and afterwards, but not... Most Relevant Cases  
Green v. Robinson 5 Howard 80, High Court of Errors and Appeals of Mississippi (December 01, 1840) 1840 That provision of the Constitution of Mississippi, which declares that the introduction of slaves into this state, as merchandize, or sale, shall be prohibited from and after the first day of May, 1833, is not merely a mandate to the legislature, but an inhibition per se; and all contracts for slaves so introduced into the state after... Most Relevant Cases  
Gregg v. Soward 9 Dana 332, Court of Appeals of Kentucky (May 06, 1840) 1840 FROM THE CIRCUIT COURT FOR BRACKEN COUNTY. If the slaves in contest were sent to Mrs. Gregg by he?? father, on her marriage, as a gift, then the absolute titl?? vested in her husband, and they were subject to his debts?? If they were sent as a loan, and afterwards a deed of gif?? made to her for life, with the remainder over to her issue?? then as... Most Relevant Cases  
Hall v. Edrington's Ex'rs 9 Dana 364, Court of Appeals of Kentucky (May 13, 1840) (1840) 1840 FROM THE CIRCUIT COURT FOR FRANKLIN COUNTY. Seth Cook, being entitled, as husband, to claim an?? undivided interest in the remainder in some slaves which had been allotted as done to his wife's mother, for life, and also his wife's distributable interest in her deceased father's personal estate, made a transfer thereof in, the year 1829, to Henry... Most Relevant Cases  
Hardie v. Cotton 1 Ired.Eq. 61, Supreme Court of North Carolina (June 01, 1840) 1840 The subject of this controversy is, the remainder or reversion in the slaves lent by the testator to his wife for life. The cause has not been argued; and from the pleadings, it appears to be the opinion of all parties that the will disposes of the remainder in the slaves to the testator's children, as a contingent interest. The question made is,... Most Relevant Cases  
Haydon v. Ewing's Devisees 1 B.Mon. 111, Court of Appeals of Kentucky (December 11, 1840) 1840 Facts in the case GEORGE EWING, after having, in the second clause of his will, emancipated the negro slave Simon, commonly called Si, and his wife Judah, proceeds in the 5th clause, to devise the children of Si and his wife Judah, to his daughter Catharine Haydon, during her natura life, and to her children after her death: but if she should... Most Relevant Cases  
Herrin v. Morford 9 Dana 450, Court of Appeals of Kentucky (May 28, 1840) 1840 FROM THE CIRCUIT COURT FOR MASON COUNTY. This was a bill brought by the appellant, against Morford and his two sons-in-law, to set aside a sale of land, slaves and other property charged to have been made to hinder and delay the creditors of Morford. Bill to set aside certain conveyances, upon the ground that they were made to hinder and delay... Most Relevant Cases  
Hurdle v. Elliott 1 Ired. 174, Supreme Court of North Carolina (June 01, 1840) 1840 The defendant's case requires him to establish two points. First, that the will contains no disposition of the negroes in dispute; for if it does, then the assent of the executor is wanting. Second, that as there is no such disposition, the issue of Fanny does not vest in the executor virtute officii, but belongs to the defendant as an advancement... Most Relevant Cases  
In re Brown's Will 1 B.Mon. 56, Court of Appeals of Kentucky (October 26, 1840) 1840 The case stated. GUSTAVUS A. BROWN, of Smithland, Kentucky, having, on the 10th of December, 1835, written and published his last will, in the first clause of which he emancipated his slaves, afterwards, in the presence of a credible witness, carefully cut off so much of the paper as contained the other and succeeding devises or legacies, declaring... Most Relevant Cases  
In re Weir's Will 9 Dana 434, Court of Appeals of Kentucky (May 27, 1840) 1840 FROM THE WOODFORD CIRCUIT COURT. The will. George Weir, of Woodford, when singularly agitated on the subject of religion, and with a fixed foreboding of speedy death; though apparently free from physical infirmity and disease, wrote in his usually free and legible hand, the following paper; which was afterwards, on the morning of the 26th of... Most Relevant Cases  
Ivy v. Wilson Chev. 74, Court of Appeals of Law of South Carolina (February 01, 1840) 1840 The defendant's Steamboat being about to run foul of that of the plaintiff, a slave of the latter was mortally injured in an attempt to prevent the collision. Some shewing was made by the defendant, that the negro had wantonly exposed himself to the danger; but the jury were instructed that such a presumption ought not to be admitted in the case of... Most Relevant Cases  
Johnson v. Morgan, Allison & Co. 21 Tenn. 115, Supreme Court of Tennessee (December 01, 1840) 1840 Johnson and Heam acquired no title to these slaves against the defendants until the bill of sale of Johnson was registered. This was not done until the lien of defendants' execution attached. Let the decree of the chancellor be affirmed and the bill dismissed. Most Relevant Cases  
Jones v. Bennet 9 Dana 333, Court of Appeals of Kentucky (May 08, 1840) 1840 FROM THE CIRCUIT COURT FOR MADISON COUNTY. The facts of the case. Early in the year, 1830, John Bennet--who, though once an owner of slaves, seems to have been in principle opposed to slavery--liberated a female slave, then the mother of four children, and the wife of a colored man named Levi Jones, once also a slave, and who was emancipated by his... Most Relevant Cases  
Keaton's Distributees v. Campbell 21 Tenn. 224, Supreme Court of Tennessee (December 01, 1840) 1840 John Keaton resided for many years in the country of Franklin, in this State. In the spring of 1825, he went to the State of Missouri, taking with him eighteen or twenty slaves. They constituted nearly the whole of his personal estate. He left behind him, however, his family and his household effects. He seems to have employed his slaves, and to... Most Relevant Cases  
Keith v. Wilson 6 Mo. 435, Supreme Court of Missouri (August 01, 1840) 1840 Keith commenced an action of debt against Elisha Lambert, in the Boone Circuit Court, returnable to the November term, 1838, and attached, upon making the necessary affidavit, three slaves and other personal property as the property of Lambert. At the return term, leave was given to James Wilson to interplead in the cause; an interplea was... Most Relevant Cases  
Lobban v. Garnett 9 Dana 389, Court of Appeals of Kentucky (May 18, 1840) 1840 FROM THE CIRCUIT COURT FOR ADAIR COUNTY. Two executions were levied on certain slaves, as the property of John S. Page, and Lobban, claiming them, instituted his action of replevin against the sheriff, who justified under the process. A purchaser of slaves, upon receiving them with a bill of sale, gives the seller a writing stipulating that, if he... Most Relevant Cases  
Loughridge v. State 6 Mo. 594, Supreme Court of Missouri (September 01, 1840) 1840 Loughridge was indicted in the St. Louis county [Circuit Court], and on his application the venue was changed to Jefferson county. He was there found guilty and appeals to this court. He was indicted for aiding Perry and Hanson, two slaves, in committing, 1st, an assault with intent to kill: 2nd. an assault and battery, with intent to kill, on one... Most Relevant Cases  
Lyles v. Bass Chev. 85, Court of Appeals of Law of South Carolina (February 01, 1840) 1840 The defendant, a free coloured man, purchased an unsound slave who had been his wife, at a price greater than her sound value, although well aware of her unsoundness, and warned of it by the owner. It was a binding contract, and the verdict of a jury to the contrary was not sent back. Most Relevant Cases  
Manning v. Cordell 6 Mo. 471, Supreme Court of Missouri (September 01, 1840) 1840 A slave, the property of Cordell, was indicted in the Circuit Court of St. Louis, for a felony, and the court assigned the plaintiff in error as counsel for the slave. The plaintiff in error brought suit against the master, for professional services in defending the slave. On the trial, the court instructed the jury, that if they believed that the... Most Relevant Cases  
McAlister v. Gilmore 1 Ired.Eq. 22, Supreme Court of North Carolina (June 01, 1840) 1840 Upon this state of the case, there can be no doubt, and we so declare, that the remainder in the slaves and their increase, (which had been bequeathed to Hannah Thomas for life,) vested in moities in Elizabeth McAlister and John T. Gilmore. Whether the said legacy vested in interest immediately on the death of the testator, or on John T. Gilmore's... Most Relevant Cases  
Newsom v. Roles 1 Ired. 179, Supreme Court of North Carolina (June 01, 1840) 1840 There is no reason, we think, for impeaching the conveyance to Harris. He paid the full value of the slaves, not as a loan, but as the price upon a purchase, and took a deed and immediate possession. It is true, there was a verbal agreement or understanding, that Roles, upon his return, might redeem or re-purchase. But it does not follow, that... Most Relevant Cases  
Norris v. Norris' Adm'r 9 Dana 317, Court of Appeals of Kentucky (May 02, 1840) 1840 FROM THE CIRCUIT COURT FOR CLARKE COUNTY. William Norris executed to John Norris a mortgage on some slaves to secure fifteen hundred dollars, recited as having been loaned by the mortgagee to the mortgagor. A recital in a mortgage, that it was made to secure a loan of money, estops the mortgagor, or his rep's. from alleging that it was made without... Most Relevant Cases  
Palmer v. Yarborough 1 Ired.Eq. 310, Supreme Court of North Carolina (December 01, 1840) 1840 Yarborough, on the 21st of June, 1837, executed a deed to Richmond, in trust to sell the property and pay a debt due from the grantor to one Williams, and then pay the surplus to the grantor or his assigns. The property mentioned in the deed is particularly described; among which are two slaves, named Parmelia and Dorothy. On the 22d of June, 1837,... Most Relevant Cases  
Parham v. Randolph 4 Howard 435, High Court of Errors and Appeals of Mississippi (January 01, 1840) 1840 A. sold to B. a plantation of six hundred and thirty acres of land with covenants of warranty, together with nineteen slaves, the stock, farming utensils, and growing crop, for a gross amount, for which B. executed his notes payable in instalments. A. represented his title to the land to be good, knowing it to be defective. There was an... Most Relevant Cases  
Perry v. Gill 21 Tenn. 218, Supreme Court of Tennessee (December 01, 1840) 1840 Thomas Gill in his lifetime, with a view, as he alleges, to the comfort and maintenance of his wife after his death, and on condition that she should have no further interest in his estate, made a deed of gift to his wife in remainder of certain negroes and other property, but containing a stipulation that if she died before him she might dispose... Most Relevant Cases  
Potts v. Carls 3 Harr. 86, Superior Court of Delaware (April 01, 1840) 1840 An absconded slave having filed his petition for freedom, through a next friend, proceedings were stayed until the next friend should enter into recognizance for his appearance to abide the judgment of the court. Petition for freedom. The defendant, Carls, made affidavit that the petitioner, Emory Potts, had absconded, and that the defendant, after... Most Relevant Cases  
Quinn v. Green 1 Ired.Eq. 229, Supreme Court of North Carolina (December 01, 1840) 1840 The plaintiff, being sheriff of Lincoln county, received a writ of fieri facias for $2,498:23, with interest and costs, recovered by the defendant Green against the defendant Johnson, as administrator of Timothy Chandler deceased. The plaintiff placed the execution in the hands of one Maury, one of his deputies, who seized under it two slaves,... Most Relevant Cases  
Rainsford v. Rainsford McMul.Eq. 16, Court of Appeals of Equity of South Carolina (December 01, 1840) 1840 1. In assessing the hire of slaves, evidence as to imaginary values, is properly admissible only in the absence of evidence as to the actual value. 2. Where a Trustee keeps no regular account of the actual profits arising from his trust estate, he compels the Court to resort necessarily to speculative testimony; and he cannot complain. 3. If the... Most Relevant Cases  
Ransone v. Frayser's Ex'rs 10 Leigh 592, Supreme Court of Appeals of Virginia (February 01, 1840) 1840 (Absent Brooke and Parker, J.) Upon a bill in chancery representing an absolute bill of sale of slaves as in fact a mortgage or pawn to secure payment of money lent, the case was, according to the plaintiff's pretensions, that while he was to retain possession of the property, there was no time appointed for payment of the money, nor any... Most Relevant Cases  
Rentfrow v. Shaw 4 Howard 651, High Court of Errors and Appeals of Mississippi (January 01, 1840) 1840 Where a note on a third person was given in exchange for a slave with warranty of soundness, and the vendee subsequently gave his own note and other property to the vendor, in exchange for the note previously given for the slave; it was held, that, the vendee might give in evidence the unsoundness of the slave as a bar to a recovery on the note of... Most Relevant Cases  
Rogers v. Winton 21 Tenn. 178, Supreme Court of Tennessee (December 01, 1840) 1840 This is an action of trover, brought by the plaintiff to recover the value of certain negroes in the possession of the defendant, which he claims as administrator de bonis non of the estate of William Gibson, deceased. The following is a statement of the facts upon which the case rests: William Gibson died in the county of Maury, State of... Most Relevant Cases  
Ross v. Vertner 5 Howard 305, High Court of Errors and Appeals of Mississippi (December 01, 1840) 1840 Where the testator, by his will, directed that his slaves should be sent, by his executors, to Liberia, there to remain free, it was held to be a valid trust. As it is not against the policy of the state of Mississippi, for the owner of slaves to send them out of the state for manumission, he may direct it to be done by will. Most Relevant Cases  
Seibles v. Blackwell 1 McMul. 56, Court of Appeals of Law of South Carolina (October 01, 1840) 1840 The opinion of witnesses as to the existence of disease in a negro, who had not the aid of science to guide them, are inadmissible, unless sustained by facts shewing the opinion to be true. The plaintiff, in an action on the covenant of warranty of soundness, where there has been a recision of the contract, or where the property is dead or... Most Relevant Cases  
Sewall v. Glidden 1 Ala. 52, Supreme Court of Alabama (January 01, 1840) 1840 First. It was argued for the defendants in error that the deed from Lewis Sewall, professing to convey to his son a title to the slaves in controversy is inoperative and void against the defendant, who was a subsequent purchaser without notice; because the same was not recorded pursuant to law. At the time the deed of gift, under which the... Most Relevant Cases  
Smith v. Commonwealth 10 Leigh 695, General Court of Virginia (December 01, 1840) 1840 Under the statute of March 15. 1832, (Supp. to Rev. Code, ch. 187. § 10.) a white person, free negro or mulatto, knowingly receiving stolen goods from a slave, free negro or mulatto, is a principal felon, not an accessory, and so the record of conviction of the actual thief is not admissible evidence against him. An indictment for larceny was... Most Relevant Cases  
Smith v. Munroe 1 Ired. 345, Supreme Court of North Carolina (December 01, 1840) 1840 Margaret McKay died intestate in Cumberland County, and Daniel Smith, of the same county, obtained letters of administration of her estate, which consisted of sundry articles of personal property, including some slaves, as claimed by her next of kin. She left several children surviving her; among whom was Lauchlin McKay, who resided in the State of... Most Relevant Cases  
Smithwick v. Biggs 1 Ired. 281, Supreme Court of North Carolina (December 01, 1840) 1840 This was an action of Trover to recover the value of a slave, named Anesley. Plea, not guilty. In the year 1824, Noah Perry made his will, and after several other devises and legacies, devised lands and three slaves (James, Hannah and Dempsey) to his wife Molly Perry for life or widowhood. Then comes this clause in the will: I wish for the negroes... Most Relevant Cases  
Snead v. David 9 Dana 350, Court of Appeals of Kentucky (May 11, 1840) 1840 FROM THE CIRCUIT COURT FOR JEFFERSON COUNTY. This action of trespass was brought by David, a man of color, to assert his freedom, under the will of Charles Wilkins, his former owner. Suit for freedom, by a slave, who, having been emancipated by will, was sold by the ex'ors. to pay debts. The will was proved and admitted to record in 1827, and in... Most Relevant Cases  
State v. Boice Chev. 77, Court of Appeals of Law of South Carolina (February 01, 1840) 1840 An indictment (under A. A. 1817 and 1814,) for selling liquor to the slave of Wm. Patton, charged the selling to have been without a written order of or from the said William Boice, (instead of Patton, the owner,) or of or from any other person having charge or management of said slave. After verdict of conviction,... Most Relevant Cases  
State v. Commissioners of Roads for St. George's Parish Chev. 95, Court of Appeals of Law of South Carolina (February 01, 1840) 1840 Where slaves, hired by the month, had been employed the greater part of the year by the same person, in working on the Rail Road, the hirer was properly held accountable by the Commissioners for their road service in the parish in which they were so employed. Hands working on the Rail Road, (though by law a public highway,) are not exempt from... Most Relevant Cases  
State v. Jarrott 1 Ired. 76, Supreme Court of North Carolina (June 01, 1840) 1840 The great distinction between homicide committed with malice, and that committed in a transport of passion, suddenly excited by a grievous provocation, is as steadily to be kept in view, in the trial of a slave charged with the murder of a white man, as in that of a white man charged with the murder of his equal, or of a slave. But the same matters... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
State v. Plunket 1 Ired. 115, Supreme Court of North Carolina (June 01, 1840) 1840 The 75th and 77th sections of the 34th chapter of the Revised Statutes, which, after prohibiting the selling of spirituous liquors to slaves, and making the offence indictable and punishable with fine or imprisonment, prescribes that, if it shall appear on the trial that the defendant is a licensed retailer of spirituous liquors by the small... Most Relevant Cases  
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