TitleCitationYearSummaryMost RelevantTypeStatus
Com. v. Turner 3 Metcalf 19, Supreme Judicial Court of Massachusetts (October 01, 1841) 1841 Where A. and B. were jointly indicted for kidnapping a colored boy at W., on the 12th of September, evidence was held admissible against B. to show that he, on the 11th of September, at S., where he went with A., endeavored to obtain a colored boy saying that he wished to procure one to live in his father's family. And when, after this evidence was... Most Relevant Cases  
Comeau v. Fontenot 19 La. 406, 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 seventh presiding. This is a suit for a separation of property, instituted by the wife against her husband. She alleges, that during her marriage, among other property of hers, received by her husband, was a negro woman named Rose, which her husband received... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Commonwealth v. Howard 11 Leigh 631, General Court of Virginia (June 01, 1841) 1841 Indictment lies upon the statute of 1822-3, ch. 34. against a free person for wilfully and without lawful authority injuring, by assaulting and beating, the slave of another. Case adjourned from the circuit superior court for the county of Henrico and city of Richmond. Howard was indicted upon the statute of 1822-3, ch. 34. Supp. to Rev. Code, ch.... Most Relevant Cases  
Cook v. Colyer's Adm'r 2 B.Mon. 71, Court of Appeals of Kentucky (September 30, 1841) 1841 The case stated. IN September, 1836, Loftus Cook filed a bill in Chancery against the representatives of John Colyer, (who died in 1832,) for redeeming a tract of land and a slave, Preston, alleged to have been mortgaged to the decedent by the complainant, in the year 1830. The Circuit Court dismissed the bill without prejudice as to the land, and... Most Relevant Cases  
Cowen v. Boyce 5 Howard 769, High Court of Errors and Appeals of Mississippi (January 01, 1841) 1841 Contracts for slaves introduced into the state as merchandize, since the adoption of the revised constitution, are void, being against public policy. Most Relevant Cases  
Craddock v. Hundley 2 B.Mon. 113, Court of Appeals of Kentucky (October 21, 1841) 1841 Covenant. Averment. Demurrer. ERROR TO THE JEFFERSON CIRCUIT. On the 17th of June, 1835, Pascal D. Craddock acknowledged in writing, that he had on that day received from Thomas Hundley five thousand dollars, to lay out in negroes for him--and in June, 1836, Hundley sued Craddock in an action of covenant, averring that he had failed and refused... Most Relevant Cases  
Cripps v. Mudd 1 Hay. & Haz. 50, Circuit Court, District of Columbia (December 15, 1841) 1841 In equity. This bill is brought by the complainants [John H. Mudd and Emily Mudd], through their next friend [Wm. McL. Cripps], and prays that the defendant [Ignatius Mudd] be ordered to execute a conveyance of certain negroes in trust for the benefit of the complainants, and for other relief. Most Relevant Cases  
Crooks v. Turpen 1 B.Mon. 183, Court of Appeals of Kentucky (April 10, 1841) 1841 The case stated WILLIAM LINNEY, who died in the year 1821, by his last will, proved and recorded in the Probate Court of Iredel County, North Carolina, bequeathed to ten of his infant grand-children, who were the children of his son George Linney, then of Kentucky, several slaves and the proceeds of other property, to be delivered to guardians... Most Relevant Cases  
Culbertson v. Stanley 6 Blackf. 67, Supreme Court of Indiana (November 01, 1841) 1841 This was an action of slander by Stanley against Culbertson. The declaration contains three counts. The first and second charge, that the defendant spoke and published of and concerning the plaintiff the following words, viz.: You stole a hog and I can prove it. You killed a negro and I will have you up for it. The third... Most Relevant Cases  
Donald v. Dendy 2 McMul. 123, Court of Errors of South Carolina (December 01, 1841) 1841 1. Where a testator, in his last will, used the term, (in relation to a bequest of slaves,) I will and bequeath Sarah, and all her increase-the term, all her increase, was held to refer only to such children of the slave Sarah, as were born after the making of the will. 2. Parol evidence is only admissible to explain a latent ambiguity. If a... Most Relevant Cases  
Dorsey v. Harding 1 Rob. (LA) 132, Supreme Court of Louisiana (October 01, 1841) 1841 Appeal from the District Court for the parish of Carroll, Tenney, J. This was an action against John D. Harding, sheriff of the parish of Carroll, and Susan Elizabeth Tompkins, tutrix of J. M. Tompkins, to enjoin the said Harding from selling certain negroes seized under an execution in the suit of J. M. Tompkins against E. F. Atchison, et al. The... Most Relevant Cases  
Dorsey v. Phelan 1 Rob. (LA) 28, Supreme Court of Louisiana (October 01, 1841) 1841 Appeal from the District Court for the parish of Carroll, Tenney, J. This was an action by the plaintiff against James Phelan, as tutor of certain minors, and John D. Harding, as sheriff of the parish of Carroll, for the purpose of enjoining the latter from selling certain negroes alleged to be the seperate property of plaintiff's wife, which had... Most Relevant Cases  
Dougherty v. Curle 21 Tenn. 453, Supreme Court of Tennessee (December 01, 1841) 1841 In the year 1838 complainant's intestate sold to J. H. Moore a negro man at the price of $1,000, to be paid on the 25th day of December, 1839. At the time of the sale the parties were resident citizens of the State of Tennessee, but Moore, early in 1839, became by change of residence a citizen of the State of Alabama, and carried with him the negro... Most Relevant Cases  
Duncan v. Hawks 18 La. 548, Supreme Court of Louisiana (May 01, 1841) 1841 Appeal from the court of the first judicial district. The plaintiff alleges, he is the owner of a slave, who absconded, and that the defendant, who is master of the schooner Molaeska, while lying in port, employed his said slave as a cook on board for several days, without his (plaintiff's) knowledge or consent, and to his damage, in the loss of... Most Relevant Cases  
Duncan v. Wright 11 Leigh 542, Supreme Court of Appeals of Virginia (February 01, 1841) 1841 The only question is as to the date from which the statute of limitations began to run. The question of title does not arise upon the record. As the case is presented to us, we must take it that mrs. Camden or her husband had no power to sell the slaves, and that upon the sale her title ceased, and a right accrued to the executors to take them into... Most Relevant Cases  
Dupuy v. Dashiell 17 La. 60, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the fourth district, for the parish of Iberville, the judge thereof presiding. This is an hypothecary action against a plantation and certain slaves in the possession of the defendant, as a subsequent or third purchaser. The plaintiff, who is the widow of Marcel Dupuy, shows that in 1828, her husband sold a plantation and... Most Relevant Cases  
Durett v. Sewall 2 Ala. 669, Supreme Court of Alabama (June 01, 1841) 1841 It has been often said, that a gift is not good, unless it be by deed, or unless the subject of the gift be actually delivered to the donee. [Sewall v. Glidden, 1 Ala. Rep. N. S. 52; Sims by guardian v. Sims, adm'r. at last term; Chitty on Con. 4 Am. Ed. 44, and cases cited.] Although a deed was executed by the father, professing to give the slave... Most Relevant Cases  
Edwards v. Martin's Heirs 19 La. 284, Supreme Court of Louisiana (September 01, 1841) 1841 Appeal from the court of the fifth district, for the parish of Lafayette, the judge of the sixth presiding. This is an action for personal liberty and freedom. The plaintiffs are colored persons, and children of a colored woman named Polly Edwards, who was sold as a slave the 24th April, 1802, by Joseph Andrus, residing in the county of Opelousas,... Most Relevant Cases  
Elijah v. State 21 Tenn. 455, Supreme Court of Tennessee (December 01, 1841) 1841 The slave Elijah was convicted, in the circuit court of Smith county, for an assault and battery upon David C. Puryear, being a free white person, with intent to commit murder in the first degree. This indictment was framed upon the 10th section of the act of 1835, ch. 19 (C. & N. 683), which enacts that any slave or slaves who... Most Relevant Cases  
Fenwick's Adm'r v. Macey 2 B.Mon. 469, Court of Appeals of Kentucky (October 28, 1841) 1841 The case stated. ON the 4th of March, 1839, John A. Holton, as administrator of William Fenwick, deceased, brought an action of detinue against Leander W. Macey, for several slaves purchased and held for more than five years by Macey, under a decree for foreclosure and sale, which had been obtained by the Bank of Kentucky against Alexander Macey,... Most Relevant Cases  
Fleytas v. Pontchartrain R. Co. 18 La. 339, Supreme Court of Louisiana (May 01, 1841) 1841 Appeal from the court of the first judicial district. This is an action to render the defendants liable for the value of a slave killed while lying asleep on their road, by the engine running over him. The testimony, in substance, showed that the negro had either become intoxicated or was by fatigue induced to lie down on the road and go to sleep.... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Foley v. Dufour 17 La. 521, Supreme Court of Louisiana (March 01, 1841) 1841 Appeal from the court of the first judicial district. On a rehearing. This is an hypothecary action on a mortgage purchased by the plaintiff at sheriff's sale, under an execution which issued on his own judgment, against Madame Veuve Elfert, as tutrix of her two minor children, to recover several slaves, subject to said mortgage. The present... Most Relevant Cases  
Fortescue v. Satterthwaite 1 Ired. 566, Supreme Court of North Carolina (June 01, 1841) 1841 A testator devised certain negroes to his three children, J. S. and N. and then proceeded as follows: In case either of my said children should die without heir lawfully begotten, it is my wish that the property should be equally divided between the children then living, whether J. S. or N. J. died first. N. then died without issue,... Most Relevant Cases  
Fowler v. Norman 21 Tenn. 384, Supreme Court of Tennessee (April 01, 1841) 1841 This is an action of detinue, brought by the plaintiff in error against the defendant, to regain possession of two negroes, a man and woman. Upon trial, a verdict and judgment were rendered for defendant; a motion for a new trial was refused, and the bill of exceptions makes out the following case: The negroes had been committed to the custody of... Most Relevant Cases  
Freeman v. Knight 2 Ired.Eq. 72, Supreme Court of North Carolina (December 01, 1841) 1841 This bill was filed by the plaintiffs claiming to be entitled under the will of Josiah Freeman, deceased, to the testator's personal estate, against the defendant, who is administrator with the will annexed, for an account. The defendant put in his answer, and the cause was set down to be heard on bill and answer, and then transferred to this Court... Most Relevant Cases  
Gaillardet v. Demaries 18 La. 490, Supreme Court of Louisiana (May 01, 1841) 1841 Appeal from the parish court for the parish and city of New Orleans. This is an action of damages, in which the plaintiff claims $600, for injury and damages sustained, by the negligent and unskilful conduct of a slave, in driving a dray against his gig, breaking it to pieces and injuring his servant. It appears a slave hired by the defendant, in... Most Relevant Cases  
Glover v. Hutson 2 McMul. 109, Court of Appeals of Law of South Carolina (December 01, 1841) 1841 Where there has been a breach of the warranty of a slave, and the party purchasing has been deprived of the slave, by a paramount title, the measure of damages, for the breach of such warranty, is the price paid for the slave. Most Relevant Cases  
Grimke v. Houseman 1 McMul. 131, Court of Appeals of Law of South Carolina (February 01, 1841) 1841 Where a trespass for beating a slave has been clearly proved, without any legal justification, and the jury find a verdict for the defendant, a new trial will be granted. Most Relevant Cases  
Groves v. Slaughter 40 U.S. 449, Supreme Court of the United States (January 01, 1841) 1841 Illegal contracts.Inter-state slave-trade.Constitutional law. An action was instituted in the circuit court of Louisiana, on a promissory note given in the state of Mississippi, for the purchase of slaves in that state; the slaves had been imported in 18356, as merchandize, or for sale, into Mississippi, by a non-resident of... Most Relevant Cases  
Guerin's Heirs v. Bagneries 18 La. 590, Supreme Court of Louisiana (June 01, 1841) 1841 Appeal from the parish court for the parish and city of New Orleans. This is a petitory action. The plaintiffs who are the children and heirs of the late Madame Guerin, formerly Marguerite Chauvin Delery, now deceased, sue to recover a female slave named Celestine and her daughter Fanny, which they allege they inherited from their deceased mother,... Most Relevant Cases  
Gunn v. McAden 2 Ired.Eq. 79, Supreme Court of North Carolina (December 01, 1841) 1841 In the latter part of the year 1835, the plaintiff and the defendant jointly purchased from one Lewis a number of slaves, at the price of $32,000; whereof one half was payable down, and the other half at a subsequent period, and in the mean time secured by the bond of these parties. Early in 1836, a sale was made of the same negroes to persons in... Most Relevant Cases  
Haywood's Heirs v. Moore 21 Tenn. 584, Supreme Court of Tennessee (December 01, 1841) 1841 This bill is filed by the heirs of John Haywood, deceased, for the recovery of certain lands and slaves which were conveyed by Judge Haywood to his daughter Harriet, afterwards Mrs. Moore, wife of the defendant David Moore. The deed was executed the 29th day of June, 1808, expressing the consideration of $1,000. By it several slaves and tracts of... Most Relevant Cases  
Hearne v. Kevan 2 Ired.Eq. 34, Supreme Court of North Carolina (December 01, 1841) 1841 The assent of an executor to a legacy to himself may be implied from his conduct, shewing that he held the property in his own right and not in his capacity as executor. An assent to a legatee for life or years is an assent to him in remainder. Where a testator bequeathed certain negroes to A. until his daughter M. attained the age of 21 years, and... Most Relevant Cases  
Hill v. McDermot Dallam 419, Supreme Court of the Republic of Texas (January 01, 1841) 1841 On the 9th September, 1837, the appellees sued the appellant for restoration of the slaves, Priscilla and her child Sylvia, or their value, with damages and costs. The answer admitted defendant's possession; denied title in the plaintiffs, and averred that the defendant purchased from Edwin Waller, praying that he should be cited as warrantor.... Most Relevant Cases  
Holladay v. Holladay McMul.Eq. 279, Court of Appeals of Equity of South Carolina (December 01, 1841) 1841 Where a party had held an undisturbed possession of a female slave, for ten years previous to his death, and his adminisirator took possession of a female slave, by virtue of his administration, and continued the possession for one year, and then hired her to ano ther, who set up a claim to her: it was held, that the administrator was bound to... Most Relevant Cases  
Hood v. Link 2 B.Mon. 37, Court of Appeals of Kentucky (September 21, 1841) 1841 The case stated. THIS action, on the case, was brought by Link against Hood, administrator with the will annexed of Bradford, to recover damages for an alleged fraud in the sale of a slave. Upon a verdict finding damages for the plaintiff, a judgment was rendered against the defendant to be levied de bonis testatoris; but at the next succeeding... Most Relevant Cases  
Hood v. Segrest 1 Rob. (LA) 109, Supreme Court of Louisiana (October 01, 1841) 1841 Appeal from the District Court for the parish of Carroll, Tenney, J. The evidence on the trial of this case established that the slaves sued for were taken from the plantation of the plaintiff, on the night of the 18th of July, 1840, and were subsequently found in possession of the defendant. It was also proved that the plaintiff had been in... Most Relevant Cases  
Hoppiss v. Eskridge 2 Ired.Eq. 54, Supreme Court of North Carolina (December 01, 1841) 1841 The bill states that Richard Eskridge, by his will bequeathed several slaves to his wife for life, remainder to his daughter Martha; that Martha married Thomas Lipscombe, and died, in the lifetime of her mother, the tenant for life; that subsequently the tenant for life died; that William Eskridge administered on the estate of Martha Lipscombe, and... Most Relevant Cases  
Houghteling v. Fisher 19 La. 475, Supreme Court of Louisiana (October 01, 1841) 1841 Appeal from the court of the tenth district, for the parish of Natchitoches, Judge Campbell of the district presiding. This is a redhibitory action. The plaintiff alleges he purchased a slave named George, from Mrs. Sarah L. Fisher, for $1,000. That he is subject to redhibitory defects and vices, which entitle him to a rescission of the sale. He... Most Relevant Cases  
Huff v. Cox 2 Ala. 310, Supreme Court of Alabama (January 01, 1841) 1841 1. Although it is said that it was proved, that the defendant in execution, brought with him from South Carolina, and still retained in his possession the slaves in question; yet we are to understand, that the witness only testified that such was the fact; whether it was shown satisfactorily to the jury, was a matter of which they were the... Most Relevant Cases  
Hughes v. Cannon 21 Tenn. 589, Supreme Court of Tennessee (December 01, 1841) 1841 In 1817, William Hughes and Mariah Hughes, his wife, were about to remove from the State of Virginia to this State. The father-in-law of Hughes, one Orsemus Winn, placed in their possession a negro boy, Jack, the subject of this controversy. At that time the document exhibited with the bill was executed by Winn. As to that document two... Most Relevant Cases  
Hutchings' Widow and Heirs v. Johnson's Heirs 19 La. 437, Supreme Court of Louisiana (September 01, 1841) 1841 Appeal from the court of the fifth district, for the parish of St. Mary, the judge of the seventh presiding. This is an action to recover the value of the services of five slaves alleged to have been in the possession of the defendants under mortgage for the space of seven years. Their services are alleged to be worth fifteen dollars per month... Most Relevant Cases  
Isham v. State 6 Howard 35, High Court of Errors and Appeals of Mississippi (December 01, 1841) 1841 In a state prosecution against a slave, the master is a competent witness for the accused. Most Relevant Cases  
Johnson v. Bryan 1 B.Mon. 292, Court of Appeals of Kentucky (May 17, 1841) 1841 Stages, owners and proprietors of. Masters. Principals and agents. APPEAL FROM THE BOURBON CIRCUIT. The case stated. THIS is an action on the case, brought by Bryan against Johnson & Co., as the owners of the line of mail stages from Lexington to Maysville, for receiving and carrying on their coaches, from Paris to Maysville, his slave Peter, who... Most Relevant Cases  
Johnson v. Perry 21 Tenn. 569, Supreme Court of Tennessee (December 01, 1841) 1841 This is an action of trespass vi et armis, brought by the defendant in error to recover damages against the plaintiffs in error, under the following circumstances: Perry was the owner of a negro man slave, David; a controversy of an unimportant character arose between him and Asa Johnson, one of the plaintiffs in error, the result of which was that... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Kemper's Heirs v. Hulick 19 La. 349, Supreme Court of Louisiana (September 01, 1841) 1841 Appeal from the court of the fifth judicial district, for the parish of St. Mary, the judge of the seventh presiding. This is a possessory action. The plaintiffs, heirs of the late Nathan and Nancy Kemper, claim a slave, which they allege is in the possession of the defendant. The case has once already been before the court, vide 16 La. Rep. 44.... Most Relevant Cases  
Kenner & Co.'s Syndic v. Holliday 19 La. 154, Supreme Court of Louisiana (July 01, 1841) 1841 Appeal from the commercial court of New Orleans. This is an action to recover the sum of $64,306, from Mrs. Maria Holliday, widow of the late John R. Holliday, on account of a debt due by him in his lifetime, to the firm of Wm. Kenner & Co., and for which he gave his notes in 1826, secured by mortgage on a large sugar plantation and slaves. Since... Most Relevant Cases  
Kent v. Matthews 12 Leigh 573, Supreme Court of Appeals of Virginia (August 01, 1841) 1841 (Absent Cabell and Brooke, J.) M. and J. are bound as sureties for E. who conveys slaves to a trustee to indemnify them, and to secure divers other debts; and judgment against E. the principal and M. and J. the sureties, and judgments against E. for all the other debts so secured, are recovered at the same time; after which the trustee appoints J.... Most Relevant Cases  
Kinney v. Cook 3 Scam. 232, Supreme Court of Illinois (December 01, 1841) 1841 The only question for consideration in this case arises out of the refusal of the Circuit Court to give the instructions asked on the trial, by the counsel of the defendant. It appears from the bill of exceptions, that it was shown on the trial, that the plaintiff below is a negro, and that the defendant, for whom the work and labor had been... Most Relevant Cases  
Klady v. McGuire 1 Rob. (LA) 25, Supreme Court of Louisiana (October 01, 1841) 1841 The defendant was sued before the District Court for the parish of Ouachita, King, J., for three hundred dollars, an amount received by him for the plaintiff from the treasurer of the State, as the compensation allowed by law for a negro slave belonging to plaintiff executed for a criminal offence, and for interest and costs of suit. No period... Most Relevant Cases  
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