TitleCitationYearSummaryMost RelevantTypeStatus
Lesseps v. Pontchartrain R. Co. 17 La. 361, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the first district. This is an action to recover from the Pontchartrain Railroad Company, the value of a slave, two mules and a cart, with damages, which the plaintiff alleges were killed and destroyed by the engine of the railroad, through the negligence and fault of the railroad company's agents and engineer. The... Most Relevant Cases  
Little v. Marsh 2 Ired.Eq. 18, Supreme Court of North Carolina (December 01, 1841) 1841 If a bond, note or bill be given to the wife or to the husband and wife, during coverture, the legal title vests in the husband, on his assent, and he may sue alone or elect to join his wife. So if a slave be conveyed to a wife during coverture, the legal title vests in the husband, if he assents to the conveyance, and possession of the slave for a... Most Relevant Cases  
Long v. Hicks 21 Tenn. 305, Supreme Court of Tennessee (April 01, 1841) 1841 The plaintiff in error sold to the defendants a negro woman and child, and entered into a written warranty that they were sound and well. The proof shows that the child was unsound from his birth and of no value whatever, but that the unsoundness was so obvious that any one who had ever seen a negro before might discover it by casual view, and that... Most Relevant Cases  
Lucas v. Kernodle 2 Ala. 199, Supreme Court of Alabama (January 01, 1841) 1841 The life estate of the mother of the plaintiffs in error, out of which the present controversy has grown, was created by the deed of her father, by which the slaves were given to a trustee for her use during her natural life, he permitting her to hold and enjoy the same, at his discretion, to hire out the same, paying the monthly or annual... Most Relevant Cases  
Martin v. Fancher 21 Tenn. 510, Supreme Court of Tennessee (December 01, 1841) 1841 This is a detinue bill for a negro man slave, named Jacob. The bill alleges that complainant hired the negro, for a short time, to his son, Wm. G. Martin, and that he, without his consent, sold him to one Robert Officer, and the latter sold him to the defendant. It appears from the proof that executions were in the hands of the sheriff of White... Most Relevant Cases  
McCabe v. Gentes 18 La. 31, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the first district. This case commenced by an order of seizure and sale, on a mortgage retained for the price of a slave, evidenced by the defendant's note. The defendant took a rule to set aside the proceedings, on the ground that no copy of the petition in the French language had been served on him, which was his... Most Relevant Cases  
McCord v. Williams 2 Ala. 71, Supreme Court of Alabama (January 01, 1841) 1841 The contract which is set out in the bill of exceptions, might have shown that the plaintiff could not recover, if the corn and fodder, which it is said he furnished for the use of defendant's negroes and horses, was furnished under the contract; but it is most obvious, that the defendant could not recover, in this action, damages for a breach of... Most Relevant Cases  
McLean v. Green's Ex'rs 2 McMul. 17, Court of Appeals of Law of South Carolina (December 01, 1841) 1841 Defendants, Executors of Dr. Green, late of Columbia, after advertising a sale of the negroes, belonging to the estate of their testator, to take place in the town of Columbia, on a certain day: on the day appointed, by previous notice, proceeded to sell the negroes, at public out-cry; but before offering any of them for sale, announced publicly,... Most Relevant Cases  
McNamara v. Kerns 2 Ired. 66, Supreme Court of North Carolina (December 01, 1841) 1841 The Act of Assembly (Rev. Stat. c. 89, s. 24,) authorizing the Wardens of the Poor to seize any horses, cattle, hogs, or sheep, belonging to a slave is not unconstitutional. The Wardens may exercise this power either in person or by a precept or authority directed to another. Such a precept or authority directed to any constable of a... Most Relevant Cases  
Mebane v. Mebane 1 Ired.Eq. 403, Supreme Court of North Carolina (June 01, 1841) 1841 Thomas Sutton died intestate in Bertie County, and left two daughters and a son, all infants; and John E. Wood married the elder daughter, and in 1816, was by the County Court appointed guardian of the other two children. They were entitled to valuable estates in land and slaves, besides a considerable sum of money, remaining in the hands of the... Most Relevant Cases  
Mitaine v. Ferguson 18 La. 92, Supreme Court of Louisiana (April 01, 1841) 1841 Appeal from the parish court, for the parish and city of New Orleans. This is an action by the holder against the payee and indorser of a promissory note, subscribed by one B. F. Chapman, and paraphed ne varietur, with a mortgage on a slave named Easter, to secure payment, who was sequestered in this suit. The defendant admitted his indorsement,... Most Relevant Cases  
Moseby v. Williams 5 Howard 520, High Court of Errors and Appeals of Mississippi (January 01, 1841) 1841 Where A. placed his son-in-law B. in possession of a slave, at the same time declaring it to be a loan; and the slave remained in the possession of B. in the state of Tennessee, for more than five years, it was held, that it did not amount to a gift. The statute of Tennessee, by which the quiet possession of slaves for five years vests the title to... Most Relevant Cases  
Myers v. Peek's Adm'r 2 Ala. 648, Supreme Court of Alabama (June 01, 1841) 1841 Although the paper by which James Peek proposed to transfer the slave Lucy to the intestate, recites a valuable consideration, yet it is competent for a creditor or purchaser to show, that the transfer was not induced by money, or any thing of value; but that the true consideration was, the natural love and affection which the father cherished for... Most Relevant Cases  
Nash v. Benedict 25 Wend. 645, Supreme Court of Judicature of New York (January 01, 1841) 1841 Charging a person with kidnapping another and hurrying him into slavery, is equivalent to the charge of kidnapping him with intent to cause him to be held to service against his will which is declared to be a felony by statute, and is therefore actionable as a libel. Papers referred to in a libel it seems may be read in evidence in explanation, or... Most Relevant Cases  
Newman v. Montgomery 5 Howard 742, High Court of Errors and Appeals of Mississippi (January 01, 1841) 1841 A trustee, to whom slaves are conveyed in trust by a debtor to secure the payment of debts, may maintain an action of detinue against his cestui que trust for the recovery of the slaves. Most Relevant Cases  
Newton v. Poole 12 Leigh 112, Supreme Court of Appeals of Virginia (March 01, 1841) 1841 (Absent Stanard, J.) Testator, after devising some real estate of apparently trivial value, and emancipating one slave, gave his wife, besides and above the use of one third of his real and personal estate, two men slaves with the horses and carts they drove, to be her own proper estate and to be at her disposal, also his carriage and horses, and... Most Relevant Cases  
Olivier v. Cannon 18 La. 474, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the parish court for the parish and city of New Orleans. This is an action to recover an old slave, horse and dray, valued in the inventory at $331, and damages for the tortious taking and illegal detention of the same. The plaintiff alleges the defendant took said property and detains it without any reason or title whatever, which... Most Relevant Cases  
Parrish v. Parrish 11 Leigh 626, Supreme Court of Appeals of Virginia (March 01, 1841) 1841 I am of opinion, that the judgment should be reversed, and a new trial directed. The action was trespass de bonis asportatis to recover the value of a slave. The defendant, Humphrey Parrish, insisted that the slave belonged to his father's estate, of which he was the administrator, and he called his brother Nelson to prove it. The objection to the... Most Relevant Cases  
Patterson v. Bonner 19 La. 508, Supreme Court of Louisiana (October 01, 1841) 1841 On a rehearing in part. In this case a rehearing was granted so far as relates to the plaintiff's claim to the children born of the slaves during the time they were in possession of the defendant. The sole question to be decided here is, do the children or fruits of slaves in a vente à réméré, born or accrued... Most Relevant Cases  
Penalta v. Borges' Ex'r 18 La. 348, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of probates, for the parish and city of New Orleans. The plaintiff alleges the succession of Manuel Borges is indebted to him in the sum of $63,634, for this, that in 1820 he left with said Borges nine slaves, with the understanding that he was to hire out said slaves and remit to him the proceeds at Rio Janeiro, in Brazil;... Most Relevant Cases  
Pepper v. Dunlap 19 La. 491, Supreme Court of Louisiana (October 01, 1841) 1841 Appeal from the court of the ninth district for the parish of Madison Judge Tenny presiding. This suit commenced by an order of seizure and sale, which the plaintiffs obtained on their vendor's privilege and mortgage against a certain plantation and slaves in the possession of R. G. Dunlap, their vendee. The defendant took an appeal from this order... Most Relevant Cases  
Philips v. Barbaroux 2 B.Mon. 89, Court of Appeals of Kentucky (October 16, 1841) 1841 The case stated. JOSEPH BARBAROUX, being indebted to Philips, Reynolds & Co., gave them, as collateral security, a mortgage on two slaves and assigned to them a promissory note for $300 and an order drawn in his favor on York Brothers at New Orleans by W. G. Bakewell, for the proceeds of some bagging and rope consigned to them on a shipment... Most Relevant Cases  
Plicque v. Perret 19 La. 318, 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 sixth presiding. This is an action on several notes executed to the plaintiffs in liquidation of a large account for advances, supplies and purchases of slaves for Ursin Perret, the defendant. The plaintiffs allege there is a balance due them of $55,333, for... Most Relevant Cases  
Poydras v. Taylor 18 La. 17, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the fourth district, for the parish of Pointe Coupée, the judge of the second presiding. This is an action under the will of the late Julien Poydras, to enforce its provisions and rescind the sale of several slaves belonging to one of the plantations of the testator, now owned by the defendant Taylor, who, it is alleged,... Most Relevant Cases  
Prather v. Naylor's Adm'r 1 B.Mon. 244, Court of Appeals of Kentucky (May 05, 1841) 1841 The case stated. THIS was an action for detinue for a slave which had been sold by George Naylor, in his lifetime, to the defendant, Prather. The ground on which a recovery was sought was, that at the time of the sale, Naylor was of unsound mind and incapable of making a binding contract. After the action had been pending for more than a year, and... Most Relevant Cases  
Pyron v. Mood 2 McMul. 281, Court of Appeals of Law of South Carolina (December 01, 1841) 1841 Where there has been a post-nuptial agreement, between two parties, and a deed of trust is executed, (to a third party as trustee) of certain slaves, for the use and benefit of both husband and wife, during life, upon the death of either, to the use of thesurvivor, and after the death of both, to the use of the children of the marriage, with a... Most Relevant Cases  
Rainsford v. Rainsford McMul.Eq. 335, Court of Appeals of Equity of South Carolina (December 01, 1841) 1841 The actual profits, realized by a trustee from the property of his cestui que trust, where it can be ascertained with reasonable certainty, is all that a Court of Equity will require to be accounted for, by the trustee. The Court resorts very reluctantly to the principle of charging a trustee with the annual hire of negroes committed to his... Most Relevant Cases  
Redman v. Roberts 1 Ired. 479, Supreme Court of North Carolina (June 01, 1841) 1841 This is an action of debt on a bond for one hundred dollars. Plea, that it was given to compromise a misdemeanor. The plaintiff, heretofore, had warranted the defendant to recover the penalty of $100, for selling spirits to the plaintiff's slave, contrary to the act of Assembly. The plaintiff said he was also entitled to damages at common law for... Most Relevant Cases  
Rennick v. Chloe 7 Mo. 197, Supreme Court of Missouri (September 01, 1841) 1841 The appellee instituted a suit in the Lafayette Circuit Court to recover her freedom. The declaration was in the usual form, and two special pleas, and the plea of not guilty were filed by the defendants below. The special pleas were demurred to, and issue taken on the plea of not guilty. The demurrers were sustained by the court, a trial had upon... Most Relevant Cases  
Ringo v. Ward 2 B.Mon. 127, Court of Appeals of Kentucky (November 01, 1841) 1841 Executions. Evidence. Officer's justification. ERROR TO THE FLEMING CIRCUIT. The case stated THIS is an action of replevin, instituted by the defendant in error against the plaintiffs in error, for a negro woman and child. Ludwell R. Ringo avowed the taking of the slaves, as deputy sheriff of Fleming county, under an execution which issued from... Most Relevant Cases  
Rouanet v. Hunt 17 La. 407, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the second district, for the parish of Lafourche Interior, the judge thereof presiding. The plaintiff alleges that on the 20th October, 1836, he made a donation to his daughter, Eugenie Rouanet, late wife of the defendant, by authentic act, of a negro girl, then about twelve years old: that in July, 1840, his said daughter... Most Relevant Cases  
Rowland's Adm'r v. Rowland 2 Ired. 61, Supreme Court of North Carolina (December 01, 1841) 1841 This is an action of detinue to recover a slave by the name of John. The defendant offered in evidence a bill of sale for the said slave from his mother (the plaintiffs' intestate) to himself. The plaintiffs contended that their intestate was non compos mentis, at the time the said deed was executed, or that the same was obtained from her by... Most Relevant Cases  
Russell v. Favier 18 La. 585, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the first judicial district. This is a petitory action. The plaintiff alleges he is the owner of a female slave named Lydia, worth $800, and which he shows to be in possession of the defendant, who refuses to deliver her up. He prays judgment for said slave and her hire at $150 per annum. The defendant, widow Favier,... Most Relevant Cases  
Shelby's Ex'rs v. Shelby's Devisee 1 B.Mon. 266, Court of Appeals of Kentucky (May 13, 1841) (1841) 1841 Isaac Shelby's will. ISAAC SHELBY'S, by his last will, admitted to record in the Lincoln County Court, in the year 1826, devised to his surviving wife, Susannah, his homestead tract of land, (Traveller's Rest,) and sundry slaves and articles of personalty, during her life, remainder to his youngest son, Alfred, who having, shortly after his... Most Relevant Cases  
Slatter v. Holton 19 La. 39, Supreme Court of Louisiana (June 01, 1841) 1841 Appeal from the parish court for the parish and city of New Orleans. This is an action to recover the sum of $1600, the value of a slave, which the plaintiff alleges the defendant carried away from the State of Louisiana in the steamer Henry Clay, on or about the 10th January, 1837, whereby he was totally lost. The plaintiff had the steamer Henry... Most Relevant Cases  
Slaughter's Adm'r v. Tutt 12 Leigh 147, Supreme Court of Appeals of Virginia (March 01, 1841) 1841 (Absent Stanard, J.) In trover against adm'r of plaintiff's father, plaintiff claims title to slaves under a parol gift from his father, and possession under the alleged gift; there is no direct proof of the gift, but only proof of such a temporary possession held by the plaintiff, as may as well be referred to a loan as to a gift from the father,... Most Relevant Cases  
Stanbrough v. Scott 1 Rob. (LA) 43, Supreme Court of Louisiana (October 01, 1841) 1841 The defendant, Lillard, having obtained a judgment in the District Court for the parish of Madison, before Tenney, J., against David Stanbrough, certain slaves were seized by Scott to satisfy a fieri facias issued on that suit, and directed to him as sheriff of the parish of Madison. The plaintiff prayed for an inju ction against any further... Most Relevant Cases  
Stanly v. McGowen 2 Ired.Eq. 9, Supreme Court of North Carolina (December 01, 1841) 1841 We are decidedly of opinion that the demurrer in this case was properly overruled. There can be no question but the purpose, to which the testator has appropriated the funds, of which an account is demanded by this bill, the establishment of a free school or schools, for the benefit of the poor of Duplin County, is one approved by the law as a... Most Relevant Cases  
State v. John 2 Ala. 127, Supreme Court of Alabama (January 01, 1841) 1841 If the statute referred to, imposes on this Court the duty of declaring a conviction void, when the proceedings are regular, and the verdict just, it presents, to say the least of it, a most singular anomaly in legislation. The act, which it is supposed authorizes the arrest of judgment, is in these words: Whenever, in the trial of any slave for a... Most Relevant Cases  
State v. Von Glon 1 McMul. 187, Court of Appeals of Law of South Carolina (February 01, 1841) 1841 Any trading with a slave, without a permit from his owner or employer, in buying or selling, for cash or on credit, for much or for little, is an indictable offence under the Act of 1817. Most Relevant Cases  
Steel v. Steel 1 Ired.Eq. 452, Supreme Court of North Carolina (June 01, 1841) 1841 A husband and wife having parted and become afterwards reconciled, Steel, the husband, by deed, conveyed to Mebane certain slaves lands, &c. in trust that said Mebane should hold the said land, slaves, &c. to the use of Nancy, the wife, for and during her natural life, and after her death, to the use of her children by the said Steel; and... Most Relevant Cases  
Stephenson's Adm'r v. Addison 17 La. 454, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the eighth district, for the parish of St. Helena, the judge thereof presiding. This is an action by the administrator of one Presly L. Stephenson's estate, to recover the amount of a note given in part payment of the price of a slave sold at probate sale, and purchased by the defendant, Addison. The defendant and his... Most Relevant Cases  
Strader v. Fore 2 B.Mon. 123, Court of Appeals of Kentucky (October 27, 1841) 1841 Lien. Parties. Jurisdiction in rem. APPEAL FROM THE LOUISVILLE CHANCERY COURT. The case stated. THE Chancellor having, in this case, attached the Steamboat Pike, and rendered a decree in rem, for damages assessed under his order by a jury, for the unauthorized transportation on the said boat, and consequential escape of a slave, as alleged in a... Most Relevant Cases  
Sutor v. Miles 2 B.Mon. 489, Court of Appeals of Kentucky (November 01, 1841) 1841 The case stated. IN 1836, Sutor's administratrix sued Charles Miles for damages for an alleged breach of his covenant warranting the title to a slave, Ambrose, sold by him to the intestate in October, 1822, and which slave was one of those embraced in the suit in Chancery by Wm. Fenwick vs Alex. Macey and L. B. Fenwivk, instituted in June, 1822,... Most Relevant Cases  
Swift v. Hopper 1 B.Mon. 261, Court of Appeals of Kentucky (May 11, 1841) 1841 Construction of contracts. Warranty. Evidence. APPEAL FROM THE FAYETTE CIRCUIT. Ground of actio?? IF the decision of this case depended solely upon the question, whether the evidence was, or was not, sufficient to have authorized the jury to find that the negro woman, Malinda, was unsound, at the time of the sale and warranty, we are not prepared... Most Relevant Cases  
Taylor v. Poston 2 B.Mon. 5, Court of Appeals of Kentucky (September 10, 1841) 1841 The case stated THIS bill was filed by Taylor and wife to obtain a division of certain slaves of which Sally Ann Poston died possessed. The slaves, together with a small tract of land, had been conveyed by Sandford Poston, the father of Sally Ann, in trust for the sole use and benefit of his wife and her heirs, with certain powers of disposition... Most Relevant Cases  
Threadgill v. Ingram 1 Ired. 577, Supreme Court of North Carolina (June 01, 1841) 1841 A testator devised as follows: I leave the whole of my other estate as well negroes as goods and chattels to be equally divided between my four children A., B., C. and D., and for my executors to have it appraised and pay off each child's part as they shall come to age, the boys to have their part at the age of 21 years, and the girls to have... Most Relevant Cases  
Trustees of Poor of Sussex County v. Hall 3 Harr. 322, Superior Court of Delaware (April 01, 1841) 1841 The master is liable for the maintenance of a decrepit slave, or a slave manumitted under ten or above thirty five years old. His personal representatives are also liable. His heirs are liable in respect of the real estate of such master. But it seems that a bona fide purchaser of such land, without notice, is not liable. Case stated. Richard... Most Relevant Cases  
Turner v. Latorre 18 La. 74, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the first district. This is an action to recover seven slaves of which the plaintiff, Sarah Turner, alleges she is the owner, who were taken from the State of Georgia where she always resided, brought to this State without her knowledge or consent, and in fraud of her rights, and are now in the possession of the defendants... Most Relevant Cases  
Turner v. Wheaton 18 La. 37, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the first judicial district. This is an action against the maker and indorser of a promissory note for $228 75, and interest. Wheaton, the maker of the note, admits his signature, but avers it was given in part and for the price of a slave which he purchased from the plaintiffs for the sum of $610. He further states that he... Most Relevant Cases  
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