Title | Citation | Year | Summary | Most Relevant | Type | Status |
State v. Priester |
Chev. 103, Court of Appeals of Law of South Carolina (February 01, 1840) |
1840 |
One count in an indictment charged the buying of corn from a slave, another the selling of liquor. The defendant, who was not a vendor of spirits by profession, had traded the liquor for the corn. A general verdict of guilty was held good; for the two counts charged the same act and the same offence. It seems that it would have been otherwise, had... |
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State v. Toomer |
Chev. 106, Court of Appeals of Law of South Carolina (February 01, 1840) |
1840 |
A slave having been convicted by a court of Magistrates, &c., of Christ Church, of the murder of a slave, who received the mortal injury in that parish, but died in another, in the same district; execution of the sentence was arrested by prohibition. The A. A. 1793, (1 F. 393; 5 Stat. So. Ca. 231,) providing, in case of mortal injury inflicted in... |
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State v. Warrington |
3 Harr. 556, Court of Oyer and Terminer of Delaware (October 01, 1840) |
1840 |
There is no need of distinguishing between negroes and mulattoes in indictments for larceny. The defendant was indicted as a free negro, and proved to be a free mulatto, according to general reputation. The Court said it made no difference. The punishment is the same. The law distinguishes between white persons and free negroes or... |
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State v. Whitaker |
3 Harr. 549, Court of General Sessions of the Peace and Jail Delivery of Delaware (April 01, 1840) |
1840 |
The objection to the testimony of William Clarkson is founded on the general disability of negroes to give evidence against white persons, and which it is contended is not removed in this instance by the provisions of the act of assembly which only permits such evidence to be given, where it shall appear to the court that no white person or... |
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State v. Wilson |
Chev. 163, Court of Appeals of Law of South Carolina (May 01, 1840) |
1840 |
Any cruel beating of a slave is punishable under the negro Act of 1740, sec. 45, whether of the same grade of cruelty with the instances specified in the Act or not. |
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Stone v. Hinton |
1 Ired.Eq. 15, Supreme Court of North Carolina (June 01, 1840) |
1840 |
Upon the questions which have arisen between the plaintiff and the defendants, Joseph B. Hinton and wife, the Court is of opinion with the plaintiff. The testatrix directed by her will certain slaves to be sold; the money arising from the sale to be vested in bank stock; and the interest of that stock to be paid two thirds to her sister, Mrs.... |
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Strohm v. U.S. |
Taney 413, Circuit Court, D Maryland (April 01, 1840) |
1840 |
Appeal from the district court of the United States for the district of Maryland. In admiralty. This was an appeal from the decree of the district court, condemning the above-named vessel, upon the ground that she was built, fitted out and equipped, at the port of Baltimore, for the purpose of being employed in the slave-trade. The vessel was... |
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Stucky v. Clyburn |
Chev. 186, Court of Appeals of Law of South Carolina (May 01, 1840) |
1840 |
An express warranty of soundness, in the bill of sale of a negro, precluded the implication of warranty of other representations on the same paper; as, that the negro was forty years old. A written warranty cannot be limited by parol evidence, (as, of the purchaser's knowledge of a defect,) unless unintelligible without it. A hernia, known to the... |
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Sutton v. Craddock |
1 Ired.Eq. 134, Supreme Court of North Carolina (December 01, 1840) |
1840 |
Hinton J. Craddock, by deed dated the 20th day of May, 1833, conveyed unto the defendant, his mother, during her life or widowhood, the slaves mentioned in the plaintiffs' bill, remainder to her three daughters, Mary Sutton, Sarah and Penny Craddock. The bill is filed by two of the daughters with their husbands, charging the defendant with an... |
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Taylor v. Williams |
1 Ired. 249, Supreme Court of North Carolina (December 01, 1840) |
1840 |
The person, who has the legal title to property sold under execution, has alone the right to recover the balance that remains from the proceeds of the sale, after satisfying the execution. Where A. fraudulently conveyed a slave to B., and A.'s creditors after-terwards caused the slave to be sold by execution, and the slave sold for more than enough... |
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TESTIMONY OF NEGROES BEFORE COURTS-MARTIAL. |
3 U.S. Op. Atty. Gen. 523 (April 27, 1840) |
1840 |
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Thomas v. Beckman |
1 B.Mon. 29, Court of Appeals of Kentucky (May 16, 1840) |
1840 |
The case stated. HENRY H. THOMAS, of Estill county, Ky., having carried to Louisiana, a colored man named Ben Reed, claimed by him as his slave, and who had there escaped from his custody, employed Frederick Beckman, a Commission Merchant in New Orleans, to reclaim and sell the fugitive, and on the 23rd of May, 1826, gave to him the following... |
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Tillman v. Sinclair |
1 Ired. 183, Supreme Court of North Carolina (June 01, 1840) |
1840 |
We have had no hesitation in adopting the construction of the deed in favour of the plaintiff. By the act of 1823, 1 Rev. Stat. ch. 37, sec. 22, a limitation by deed of slaves to one in remainder, after a reservation to the donor for his life, is unquestionably good; because, had it been a bequest for life from another person to this donor, and... |
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Turner v. Davis' Adm'r |
1 B.Mon. 151, Court of Appeals of Kentucky (December 21, 1840) |
1840 |
Vested remainder. Husband and Wife. Witness. Evidence. ERROR TO THE GARRARD CIRCUIT. The case stated. THIS is an action of detinue for two slaves, Milley and her infant child, in which the administrator, de bonis non, of James Davis, deceased, recovered a judgment against William Turner, who had purchased the slaves from Hester Teeter, Daniel... |
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U.S. v. Morris |
39 U.S. 464, Supreme Court of the United States (January 01, 1840) |
1840 |
ON a certificate of division from the Circuit Court of the United States for the Southern District of New York. The defendant, Isaac Morris, was indicted under the second and third sections of the act entitled An Act in addition to an Act entitled An Act to prohibit the carrying on the Slave-trade from the United States to any foreign... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Venning v. Gantt |
Chev. 87, Court of Appeals of Law of South Carolina (February 01, 1840) |
1840 |
The purchaser of a negro had notice of his having a shortness of breath, which was attributed to a severe fall. It turned out, afterwards, that his lungs must have been dangerously diseased at the time of sale; though there was no appearance of unfairness or concealment. Held that there was not sufficient notice to relieve the vendor for a sound... |
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Warnick v. Michael |
11 G. & J. 153, Court of Appeals of Maryland (June 01, 1840) |
1840 |
Where a party files a bill for an injunction, to prevent judgment creditors from levying upon negro slaves, conveyed to the complainant by the judgment debtor, recently before the rendition of the judgments, he should, to entitle himself to relief, make out a clear and undisputed title, or a purchase for a fair and bona fide consideration, above... |
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White v. Green |
1 Ired.Eq. 45, Supreme Court of North Carolina (June 01, 1840) |
1840 |
If a cause be set down for hearing, upon the bill, answer and exhibits, a deed which is filed as an exhibit is evidence for the plaintiff, though it be not admitted in the answer. A bequest for emancipation prior to the act of 1830, 1 Rev. Stat. ch. 111, sec. 57, is inoperative, as is also a bequest of property, to the slaves directed to be... |
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White's Heirs v. Turner |
1 B.Mon. 130, Court of Appeals of Kentucky (December 16, 1840) |
1840 |
Emancipation. Damages. Parties. APPEALS FROM THE LOUISVILLE CHANCERY COURT. The case stated?? THESE appeals are prosecuted for reversing three several decrees, declaring that Jonas, Turner, and Willis, men of color, and once the slaves of Wm. White, deceased, were emancipated by the valid last will of their said former master, alleged to have been... |
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Wilkins v. Gilmore |
21 Tenn. 140, Supreme Court of Tennessee (December 01, 1840) |
1840 |
This is an action of trespass for throwing off the roof of plaintiff's house, in his absence, and exposing his children to the weather. The court charged the jury, in substance, that, if the act was done by the defendant's slave, by the procurement, authority, or command of the defendant, he would be liable in this action as though he had done the... |
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Wilson v. Ferguson |
Chev. 190, Court of Appeals of Law of South Carolina (May 01, 1840) |
1840 |
A warranty of soundness given after the completion of a sale, being under seal, could not be impeached for want of consideration. Some months after sale, the purchaser told the seller he wished to give up the negroes on account of unsoundness, (the negroes not being present.) This was no sufficient tender to rescind the bargain and... |
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Wilson v. Royston |
2 Ark. 315, Supreme Court of Arkansas (July 01, 1840) |
1840 |
In replevin, the plea of non cepit admits the property of the slaves or other property replevied, to be in the plaintiff, and that he was previously in possession. The plea of non cepit puts in issue nothing but the caption; and the place where that is material; and under it the defendant cannot show property out of the plaintiff. And where non... |
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Wilson v. Waples |
3 Harr. 270, Superior Court of Delaware (October 01, 1840) |
1840 |
Petition for freedom. The petition stated, and it was proved, that Harry Wilson, the father of petitioner, a free negro, after the birth of Henry the petitioner, bought his wife, petitioner's mother, then and at the time of Henry's birth, a manumitted slave; and took an assignment of the bill of sale of his said wife. That Harry Wilson the father,... |
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Woodfolk v. Sweeper |
21 Tenn. 88, Supreme Court of Tennessee (December 01, 1840) |
1840 |
This is an action of trespass, brought by Peter Sweeper, a free man of color, to recover damages against William Woodfolk for having wrongfully detained him in slavery. Peter Sweeper brought his action of trespass to recover his freedom, against said Woodfolk, on the 7th day of September, 1835, and finally succeeded in gaining it on the 6th day of... |
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Zeringue v. Rixner |
14 La. 385, Supreme Court of Louisiana (February 01, 1840) |
1840 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Anderson's Ex'rs v. Anderson |
11 Leigh 616, Supreme Court of Appeals of Virginia (March 01, 1841) |
1841 |
Testator bequeaths the raising of infant negroes to his son N. but not to be moved out of the state or so far as to deprive them of their freedom, and to other sons the labour and raising of other infant negroes, with a like restriction; and then mentioning that four other negroes are in hands of other sons, bequeaths, that they and all the others... |
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Armstrong v. Hodges |
2 B.Mon. 69, Court of Appeals of Kentucky (September 29, 1841) |
1841 |
Marriage. Slaves. Cohabitation. Policy of the law. ERROR TO THE FRANKLIN CIRCUIT. The case stated ARMSTRONG filed his bill against Hodges' heirs and others, for a specific execution of a bond for a conveyance of a small tract of land given by the ancestor, Hodges, to a free white woman named Thomason Grady, who cohabited with a black man named... |
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Armstrong v. Mooney |
1 Rob. (LA) 167, Supreme Court of Louisiana (November 01, 1841) |
1841 |
Action before the Parish Court of New Orleans. Maurian, J. The plaintiff prayed for the rescission of the sale of a slave, and for the repayment, with interest, of six hundred dollars, the price which he had paid the defendant, and for one hundred dollars damages. The defendant pleaded a general denial, and the want of tender. The vendor warranted... |
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Baldwin v. Baldwin |
21 Tenn. 473, Supreme Court of Tennessee (December 01, 1841) |
1841 |
In the fall of 1830 the complainant, then Mary Florida Dixon, a feme sole and the owner of an estate consisting of $15,000 or $20,000 in cash, in the hands of her guardian, and thirty or forty negro slaves, contemplating a marriage with the defendant, Henry Baldwin, executed a deed, dated 27th October, 1830 (in which the said Baldwin also joined),... |
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Barrett v. Bullard |
19 La. 281, Supreme Court of Louisiana (September 01, 1841) |
1841 |
Appeal from the court of the fifth district for the parish of St. Landry, the judge of the ninth presiding. This is a redhibitory action. The plaintiff alleges that in April, 1835, he purchased the slave Titus from the defendant for the sum of $650, payable in a promissory note signed by James Walsh and indorsed by this petitioner. That shortly... |
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Barriere v. Gladding's Curator |
17 La. 144, Supreme Court of Louisiana (February 01, 1841) |
1841 |
Appeal from the court of probates for the parish and city of New Orleans. This is an action on a promissory note, executed by J. H. Gladding, a few hours before his death, in favor of the plaintiff, a free woman of color, with whom he lived and called his housekeeper, for the sum of $4000, payable thirty days after date. Suit was brought against... |
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Bell v. Lakin |
1 McMul. 364, Court of Appeals of Law of South Carolina (May 01, 1841) |
1841 |
In an action on the case, for employing a slave that is runaway, to entitle the plaintiff to recover damages, where he has alledged the defendant's acts to have been done with a scienter of the fact that the negro was the runaway slave of the plaintiff, he must prove the scienter, unless, from the circumstances, the law would presume it. Where a... |
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Blanchard v. Castille |
19 La. 362, Supreme Court of Louisiana (September 01, 1841) |
1841 |
Appeal from the court of the fifth district for the parish of St. Martin, the judge of the district presiding. This is an action to recover a certain slave named Celeste, and her two children, in the possession of the defendant. The plaintiff alleges, she was induced by the threats, violence and coercion of her husband, in the year 1829, to sell... |
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Bobo v. Grimke |
McMul.Eq. 304, Court of Appeals of Equity of South Carolina (December 01, 1841) |
1841 |
1. A bill well lies, in the Court of Equity, for the specific delivery of slaves; and all that seems necessary, to be stated in the bill, is, that his slaves have come into the possession of the defendant, and he refuses to give them up. This is a sufficient ground for the interference of this Court. NOTE. The same point were decided by the Court... |
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Bourgeois v. Bourgeois |
17 La. 494, Supreme Court of Louisiana (March 01, 1841) |
1841 |
Appeal from the court of the second district for the parish of St. James, the judge of the fourth presiding. This suit commenced by an injunction. The plaintiff, wife of Honoré Champagne, had obtained a judgment of separation of property from her husband in the sum of $4304 06, which was executed in part by seizing and selling certain slaves... |
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Bowman v. Ware |
18 La. 597, Supreme Court of Louisiana (June 01, 1841) |
1841 |
Appeal from the court of the first judicial district. This is a redhibitory action to rescind the sale of a negro woman and her two small children on the ground of redhibitory defects and diseases in the woman, and to recover back the price paid. The plaintiff, Mrs. Bowman, alleges she purchased said slaves for the price of $1800, shortly after... |
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Briggs, Lacoste & Co. v. Campbell |
19 La. 524, Supreme Court of Louisiana (October 01, 1841) |
1841 |
Appeal from the court of the ninth district, for the parish of Concordia, the judge thereof presiding. This is an action on a judgment obtained in Mississippi against the defendant and others for $1828 93, with 8 per cent. interest from the 17th May, 1838. This suit is by attachment against certain slaves, sent by Lewis Campbell to the parish of... |
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Brizendine v. Frankfort Bridge Co. |
2 B.Mon. 32, Court of Appeals of Kentucky (September 18, 1841) |
1841 |
BRIZENDINE & HAWKINS, as joint owners of a male slave and wagon and team, described in their declaration, sued The Frankfort Bridge Company, in trespass on the case, for an alleged injury to the said property, resulting from the falling of the bridge whilst the slave, wagon and team were passing upon it. The corporation pleaded, in abatement, a... |
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Brown's Ex'rs v. Copley |
19 La. 473, Supreme Court of Louisiana (October 01, 1841) |
1841 |
Appeal from the court of the seventh district, for the parish of Ouachita. the judge of the sixth presiding. This is an action against the principal and his surety on a note of $810, given for the price of a slave, purchased by Copley at the probate sale of S. D. Brown's estate. The defendants admitted the execution of the note and its... |
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Brownson v. Fenwick |
19 La. 431, Supreme Court of Louisiana (September 01, 1841) |
1841 |
Appeal from the court of the fifth district, for the parish of St. Martin, the judge of the seventh presiding. This is an action to recover $575, the amount of a promissory note signed by the defendant, with ten per cent. interest; and also $829 95, advanced to the defendant, with other funds, to purchase slaves. The plaintiff alleges, that on... |
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Buel v. The New York |
17 La. 541, Supreme Court of Louisiana (March 01, 1841) |
1841 |
Appeal from the parish court for the parish and city of New Orleans. This is an action against the captain and steamer New-York, to recover the sum of $1500 as the value, and $200 for expenses, of the slave Prince, which the plaintiff alleges belonged to him, and was carried away by said boat in the month of June, 1836. He prays judgment for said... |
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Caldwell ads. Langford |
1 McMul. 275, Court of Appeals of Law of South Carolina (May 01, 1841) |
1841 |
To correct a slave with a whip, giving him but fifteen stripes, when he is found without his master's enclosure, with a ticket or permit, accounting for his absence, is held to be a beating and abusing, within the meaning of the Act of 1839. In bringing an action in the sum. pro. jurisdiction, to recover the penalty of $50, under the Act of 1839,... |
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Cameron v. Com'rs of City of Raleigh |
1 Ired.Eq. 436, Supreme Court of North Carolina (June 01, 1841) |
1841 |
A. by will, dated in 1838, devised his slaves to trustees, to be removed as soon as practicable to Africa and there settled in some colony, under the patronage and control of the American Colonization Society, with a proviso, that in case any of the said slaves should refuse to be so removed, the slave so refusing should be sold and the proceeds of... |
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Canty v. Beal |
17 La. 282, Supreme Court of Louisiana (January 01, 1841) |
1841 |
Appeal from the court of the third district, for the parish of East Baton Rouge, the judge thereof presiding. This is an action for the settlement and balance on a partnership for carrying on the brick-making business. The plaintiff alleges that in April, 1837, he put in six able bodied negroes, a cart and oxen, and the defendant was to furnish... |
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Capdeviel v. Dodd |
17 La. 149, Supreme Court of Louisiana (February 01, 1841) |
1841 |
Appeal from the court of the fourth district, for the parish of Iberville, the judge of the second presiding. This is an action on a promissory note, against the maker and indorser, given in part payment of the price of two slaves, purchased at the probate sale of the estate of plaintiff's deceased wife; for the price of eight hundred dollars. The... |
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Caplinger v. Sullivan |
21 Tenn. 548, Supreme Court of Tennessee (December 01, 1841) |
1841 |
This is an action of detinue for slaves. The property in question was bequeathed, by the last will and testament of Boling Felts, to his wife for life, and after her death to Ann Sullivan, the plaintiff in this suit, then the wife of William Sullivan, and the said William was appointed executor of the will. He duly took upon himself that office,... |
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Caraway v. Wallace |
2 Ala. 542, Supreme Court of Alabama (June 01, 1841) |
1841 |
The material questions in this case are-- 1. What was the character of the sale of the slaves in controversy, from the plaintiff in error to Wallace--was it an absolute, or conditional, sale? 2. Are Sayre & Converse bona fide purchasers from Wallace, and as such, entitled to hold the slaves against the supposed title, or lien, of the plaintiff in... |
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Cole v. Cole |
1 Ired. 460, Supreme Court of North Carolina (June 01, 1841) |
1841 |
This was an action on the case. Pleas, general issue and statute of limitations. Thomas Foxhall, in the month of July, in the year 1791, made his will, and bequeathed a slave by the name of Fan, and her increase, to his daughter, Joanna Sergener, for life, remainder to her children. The will was proved at August Court, 1792. The plaintiffs are all... |
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Cole v. Robinson's Ex'rs |
1 Ired. 541, Supreme Court of North Carolina (June 01, 1841) |
1841 |
There are three counts in the declaration of the plaintiffs. In the first, the plaintiffs charge that the defendant was possessed of two negro slaves of an estate during the life of Joanna Sergener, the remainder of the estate in said slaves belonging to the plaintiffs; and that the defendant, while so possessed, with intent to injure, prejudice... |
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Com. v. Taylor |
3 Metcalf 72, Supreme Judicial Court of Massachusetts (October 01, 1841) |
1841 |
A negro boy eight years old, who was born and reared a slave in Arkansas, came into this State with the consent of his master, as a personal attendant of his master's wife, who was here on a visit to her friends: On his being brought before the court by habeas corpus, it appeared that the master's wife did not claim the custody of the boy as a... |
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