TitleCitationYearSummaryMost RelevantTypeStatus
Waggener v. Hardin 2 B.Mon. 153, Court of Appeals of Kentucky (December 23, 1841) 1841 The case stated. OLIVER G. WAGGENER claiming two slaves, Ellen and her child, under an allotment to him of the former, as one of the distributees of John Waggener, deceased, before the birth of the child, instituted an action of detinue for them against Parker C. Hardin, who claimed them as purchaser of the mother, at a sale made by the Sheriff,... Most Relevant Cases  
Ware v. McCandlish 11 Leigh 595, Supreme Court of Appeals of Virginia (February 01, 1841) 1841 That under the will of the testator Slaughter, though the appellant Martha was entitled to but a life estate in the slave Lucy, and in her portion of the testator's residuary estate, she was nevertheless entitled to the absolute property, use and enjoyment of the profits of the estate bequeathed to her; and therefore, the decree was erroneous in... Most Relevant Cases  
Watson v. Cox 1 Ired.Eq. 389, Supreme Court of North Carolina (June 01, 1841) 1841 In contemplation of a marriage between Abner Branson and Susan R. Cox, they entered into articles in 1830, between themselves and Isaac B. Cox, whereby it was agreed that Branson would, when required, convey to Isaac certain slaves, then belonging to the intended wife, to be held by him to the sole and separate use of the wife. Soon after the... Most Relevant Cases  
Wesner ads. Brister's Guardian 1 McMul. 135, Court of Appeals of Law of South Carolina (February 01, 1841) 1841 Under the Act of 1740, any negro claiming to be free, has the right, by Guardian, to bring an action of trespass in the nature of ravishment of ward; not only against any one claiming property in, but against any one having the possession of, such negro. Most Relevant Cases  
White v. Palmer McMul.Eq. 115, Court of Appeals of Equity of South Carolina (February 01, 1841) 1841 1. A marriage settlement is not inoperative and void, between the parties to it, because it has never been recorded; neither they nor their personal representatives, can take advantage of their omission to record it. 2. Where negroes have been given to one, upon his marriage, by the father of his wife, and shortly thereafter, a deed of settlement... Most Relevant Cases  
Young v. Burton McMul.Eq. 255, Court of Appeals of Equity of South Carolina (May 01, 1841) 1841 1 A Bill well lies in the Court of Equity, for the specific delivery of slaves generally which are withheld from the possession of the rightful owner. 2. It is sufflcient to give jurisdiction to the Court, to state, in such bill, that the slaves are the property of the complainant, and that their possession is withheld by the defendant. NOTE. There... Most Relevant Cases  
Zacharie v. Winter 17 La. 76, Supreme Court of Louisiana (January 01, 1841) 1841 Appeal from the court of the second district, for the parish of Ascension, the judge of the fourth district presiding. This case comes before the court on an opposition to a monition taken out by the plaintiff to have a sheriff's sale made to him homologated and confirmed. The defendant confessed judgment, on the 14th October, 1837, on an account... Most Relevant Cases  
Zollikoffer v. Briggs, Lacoste & Co. 19 La. 521, 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 case commenced by injunction. The plaintiff alleges he is the owner of two slaves, named Sam and Eps, which he had conditionally sold in Mississippi, to A. & A. Clark, who failed to make payment, and he took them back and brought them to the... Most Relevant Cases  
Abel v. Cave 3 B.Mon. 159, Court of Appeals of Kentucky (October 12, 1842) 1842 The case stated DURING the pendency of an action the case, for alleged fraud in the sale of a family of slaves, by Cave to Abel, the latter also filed a bill in Chancery reiterating the charge of fraud in concealing latent and fatal unsoundness, alleging that Cave was about to remove with his property, beyond the jurisdiction of the Court, for the... Most Relevant Cases  
Abernathy v. Hoke 2 Ired.Eq. 157, Supreme Court of North Carolina (June 01, 1842) 1842 On a bill alleging that the plaintiff's negroes had been formerly sold at public auction, and purchased by the defendant under an agreement that the plaintiff might redeem them by re-paying the purchase money and interest, and that in consequence of such agreement being known the defendant was enabled to purchase at very inadequate prices, and... Most Relevant Cases  
Abrahams v. Commonwealth 40 Va. 675, General Court of Virginia (June 01, 1842) 1842 No warrant is necessary for apprehending a slave going at large or hiring himself out contrary to law. A slave is committed to the jail of a corporation until the next court of hustings to be held for the same, by warrant from a justice of the peace of the corporation, which recites that the slave has been apprehended therein and... Most Relevant Cases  
Adams v. Hayes 2 Ired. 361, Supreme Court of North Carolina (June 01, 1842) 1842 A, living in North Carolina, sent to his son-in-law B, living in South Carolina, certain negro slaves. Afterwards A, being in South Carolina at the plantation of B, where the negroes then were in the possession of B, told B, in the presence of other persons, that he (A) had no claim to the negroes or the other property that had been sent to... Most Relevant Cases  
Allen v. Anderson 22 Tenn. 581, Supreme Court of Tennessee (December 01, 1842) 1842 This is an action of covenant. The plaintiff declared upon a warranty of soundness, contained in a bill of sale of negroes, and assigned as a breach of the covenant that the negroes were not sound at the time of the sale. The defendant pleaded performance of the covenant, upon which issue was taken. On the trial of this issue, we learn from the... Most Relevant Cases  
Allen v. Roundtree 28 S.C.L. 80, Court of Appeals of Law of South Carolina (November 01, 1842) 1842 1. A. sold a slave to B. with covenant of warranty in the bill of sale. C. recovered the value of the slave from B. in trover, under paramount title, of which action A. had notice. Held, that A. was a privy to the recovery against B., and concluded, as to every matter which appeared by the record, but that C's. recovery against B. was not... Most Relevant Cases  
Armstrong v. Huntons 40 Va. 323, Supreme Court of Appeals of Virginia (November 01, 1842) 1842 If this is not an action of detinue brought in a court of chancery, it must be because the plaintiffs have asserted their demand by a bill instead of a declaration. It is a suit to recover a single slave, by the owners of the legal title, if any, against an adverse claimant, without any impediment whatever to the prosecution of the plain and... Most Relevant Cases  
Averitt v. Foy 2 Ired.Eq. 224, Supreme Court of North Carolina (June 01, 1842) 1842 The plaintiff, in his bill, states that the defendant, as administrator of one Burton, hired to him a negro man, and that he gave his note for the hire. The negro, he says, was hired as a sound and able bodied slave. The slave appeared to be healthy at the time, but in truth he was permanently diseased; which was unknown to him, the plaintiff. He... Most Relevant Cases  
Bank of State v. Forney 2 Ired.Eq. 181, Supreme Court of North Carolina (June 01, 1842) 1842 Jacob Forney died in the latter part of 1840, having previously made his will, bearing date the 11th day of January of that year. He therein first gave to his wife sundry slaves and other things absolutely; and then one third part of his lands and sundry other slaves for her life. The will then proceeds: My will is, that all the balance of my... Most Relevant Cases  
Bell v. Rhodes 1 Hay. & Haz. 103, Circuit Court, District of Columbia (August 20, 1842) 1842 At law. Petition for freedom by Moses Bell against James Rhodes. Judgment for petitioner. For the special verdict and opinion of the court, see Rhodes v. Bell, 2 How. (43 U. S.) 397. The petitioner claims his freedom, and prays that a subpoena may issue to the defendant. Most Relevant Cases  
Berry v. Rogers 2 B.Mon. 308, Court of Appeals of Kentucky (April 30, 1842) 1842 The case stated. THIS is a bill in Chancery, filed against the committee of a lunatic, for a decree upon a covenant dated before the occurrence of the lunacy, for paying all damages that had resulted from the shooting of a slave of the complainant's intestate. The Circuit Court sustained a demurrer to the bill and thereupon dismissed it absolutely.... Most Relevant Cases  
Blackledge v. Clark 2 Ired. 394, Supreme Court of North Carolina (June 01, 1842) 1842 The transactions, out of which this case arose, are so palpably dishonest on the part of Brown, that counsel has not attempted to defend them in any of their parts. Nor, indeed, has fault been found with any of the views taken of the case by the court, excepting only the observation, So, if the money paid for the slaves by the plaintiff was... Most Relevant Cases  
Blevins v. Sympson 2 B.Mon. 463, Court of Appeals of Kentucky (June 03, 1842) 1842 The case stated. THE plaintiffs in error, on bill filed, sued out a subpna, with injunction issued by order of the Chancellor enjoining and restraining the Sheriff of Green county and his deputy, Samuel Sympson, from delivering possession of certain slaves to McCall and Craddock, or any one until the farther order of the Court, which he had... Most Relevant Cases  
Bohannon's Heirs v. Sthreshley's Ex'rs 2 B.Mon. 437, Court of Appeals of Kentucky (June 01, 1842) 1842 The case stated IN February, 1817, William Bohannon, son-in-law of Thomas Sthreshley, being pressed by debts and wishing to sell some of his slaves, made to the said Sthreshley a bill of sale of three of his slaves (Mira, Jordan and Laura,) for the recited consideration of $1,034, which, as we believe from all the facts, was actually paid by... Most Relevant Cases  
Bowers v. Newman 2 McMul. 472, Court of Errors of South Carolina (February 01, 1842) 1842 1. A free person of colour, by the laws of this State, may take and hold, convey by deed, dispose of by will, or transmit to his heirs at law, both real and personal estate. 2. A slave may acquire property, but as he cannot hold, it enures to the master. 3. Freedom, when bestowed upon a slave by will, is usually spoken of as a legacy, which... Most Relevant Cases  
Bowman's Ex'rs v. Tucker 22 Tenn. 648, Supreme Court of Tennessee (December 01, 1842) 1842 This bill was brought by the executors of Samuel Bowman, to have a construction of certain portions of the will, and the direction of the court of chancery thereon. The most material question arises upon the following devise, to wit: Item. I give and bequeath to my daughter, Elmira, wife of Silas Tucker, one negro woman, Eliza, who is to be... Most Relevant Cases  
Boyd v. Hawkins 2 Ired.Eq. 304, Supreme Court of North Carolina (December 01, 1842) 1842 On the 18th of February, 1823, Alexander Boyd conveyed to Henry Fitts, sundry tracts of land, among which was the tract particularly described in the bill, and which is situate partly in the county of Granville, and partly in the county of Warren, and sundry slaves, to be held under the said Fitts, his heirs, executors, administrators and assigns,... Most Relevant Cases  
Bradley v. Jones 2 Ired.Eq. 245, Supreme Court of North Carolina (June 01, 1842) 1842 On this appeal, there are three questions for this court to determine. First, what estate or interest did Polly Jones take, under this clause in her father, George Norwood's, will, I lend to my daughter Polly Jones, one negro girl named Mary for her life; after her death, to be equally divided among the heirs of her body forever. The difference... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Britain v. State 22 Tenn. 203, Supreme Court of Tennessee (July 01, 1842) 1842 In this case it is not questioned that if the defendant caused and permitted his slaves to go about the country in such a state of nakedness as is alleged in the indictment, he is guilty of lewdness, and ought to be punished; but it is insisted that the evidence does not support the indictment. It is true that the witnesses do not prove that the... Most Relevant Cases  
Carmille v. Carmille's Adm'r 2 McMul. 454, Court of Errors of South Carolina (February 01, 1842) 1842 Where one in his life time was seized and possessed of certain slaves, to wit: Henrietta and her four children, Charlotte, Francis, Nancy, John, and Elizabeth, and also Tilly and Maryand by deed bearing date 26 Feby. 1830, for a nominal consideration, assigns to the defendants P. & C. the said negroes, Henrietta, and her... Most Relevant Cases  
Chouteau v. Hope 7 Mo. 428, Supreme Court of Missouri (May 01, 1842) 1842 This was an action of trover, brought by Hope to recover the value of a slave, alleged to have been converted by the defendants to their use. On the trial, evidence was given to show that the boy named in the declaration was free: whereupon, the defendants below asked the court to instruct the jury, that if they believed from the evidence, that the... Most Relevant Cases  
Christopher v. Covington 2 B.Mon. 357, Court of Appeals of Kentucky (April 27, 1842) 1842 Fraudulent conveyances. Sheriffs. Executions. Torts. ERROR TO THE MADISON CIRCUIT. The case stated JAMES HEATHERLY having conveyed to two trustees, (one of whom was his creditor,) a male slave and various articles of personal property, (described as constituting his whole estate legally subject to his debts,) in trust, for sale and distribution... Most Relevant Cases  
Christy v. Price 7 Mo. 430, Supreme Court of Missouri (May 01, 1842) 1842 The plaintiff in error and one James Dean, executed to Price, the defendant in error, the following instrument. We, or either of us, promise to pay to Isaac J. Price, administrator of William C. Fugate, the sum of one hundred and thirty-two dollars, it being for the hire of a negro man named South, for the term of one year from this date,... Most Relevant Cases  
Commonwealth v. Griffin 3 B.Mon. 208, Court of Appeals of Kentucky (October 20, 1842) 1842 Prison rules. Importation of slaves. ERROR TO THE PULASKI CIRCUIT. The case stated. JAMES W. GRIFFIN, a citizen of Pulaski county in this State, having been found guilty, under an indictment against him for importing a slave into this State, in violation of the statute of 1833, (Stat. Law, 1482,) judgment was pronounced against him for the... Most Relevant Cases  
Commonwealth v. Jackson 2 B.Mon. 402, Court of Appeals of Kentucky (May 28, 1842) 1842 Importation of slaves. Legislative power. Executive power. ERROR TO THE FAYETTE CIRCUIT. To an indictment against John Jackson for importing slaves into Fayette county in this State, in violation of the prohibitory statute of 1833, he pleaded that he had since taken and registered the oath as prescribed by the statute of 1841, to emigrants who had... Most Relevant Cases  
Coppage v. Alexander's Heirs 2 B.Mon. 313, Court of Appeals of Kentucky (May 04, 1842) 1842 The case stated ROBERT ALEXANDER made his last will and testament containing the following devise: I give unto my beloved wife, Mary Alexander, the half of my land I now own during her widowhood or life; also, my negro man, Moses, is to stay with my said wife during her life, and to take care of her, and is to have, at her death, for his services,... Most Relevant Cases  
Covington v. McEntire 2 Ired.Eq. 316, Supreme Court of North Carolina (December 01, 1842) 1842 William McEntire died in March, 1832, having previously made his last will and testament, whereof he appointed Prior McEntire and his wife Rebecca, executor and executrix, who, after the death of the testator, duly proved the said will. By this will the testator bequeathed, among other things, to his said wife, a negro woman Binah, during her life... Most Relevant Cases  
Cox v. Wilson 2 Ired. 234, Supreme Court of North Carolina (June 01, 1842) 1842 John Cox, as administrator of Ruth Cox, sued to recover the slaves mentioned in the declaration; and he offered, as a witness, Daniel Cox, a brother, and one of the next of kin of his intestate. The defendant objected, and the court refused to admit him as a witness. This was right in the judge; for Daniel Wilson was directly interested that the... Most Relevant Cases  
Cryer v. Cooper 2 B.Mon. 293, Court of Appeals of Kentucky (April 26, 1842) 1842 The case stated IN 1834, Spencer Cooper sent to his daughter, who had just intermarried with James Cryer, two young slaves, a boy and a girl; and there is abundant testimony conducing to the deduction that he had given or intended to secure those slaves to his said daughters's separate use, her husband being apparently insolvent and perhaps... Most Relevant Cases  
Dailey v. Dismal Swamp Canal Co. 2 Ired. 222, Supreme Court of North Carolina (June 01, 1842) 1842 The declaration is in trespass on the case--plea not guilty. The question was, whether the jury could be permitted to include in the damages the $75, which sum the owner of the slave had recovered of the plaintiff upon the contract of hiring mentioned in the case. The judge was of opinion that the jury might include it; and we think he was right.... Most Relevant Cases  
Darnall v. Hill 12 G. & J. 388, Court of Appeals of Maryland (December 01, 1842) 1842 R died in 1816, leaving a widow and minor children. In the following year the widow married D, who, with his wife and her children went into possession of the estate of R. In 1820, D was appointed guardian of the children; he remained in possession, cultivating and using the lands and negroes, &c., until 1832, receiving and selling the crops, and... Most Relevant Cases  
Davie v. King 2 Ired.Eq. 203, Supreme Court of North Carolina (June 01, 1842) 1842 In 1834, John Holloway made his will and testament, and therein, after many devises and particular legacies of slaves and other things, he bequeathed as follows: The residue of my estate, if any, to be equally divided among all my children: and he appointed the defendant King, and three others, his executors. The testator died in 1840, and the... Most Relevant Cases  
Desloge v. Ranger 7 Mo. 327, Supreme Court of Missouri (May 01, 1842) 1842 This was a bill in chancery brought by Marie T. Ranger, executrix of Lambert Ranger, deceased, for the redemption of a negro girl, conveyed to Desloge & Rozier in 1830. The instrument of conveyance was as follows: Know all men by these presents, that I, Lambert Ranger, of the county of Washington, and State of Missouri, this twenty-first day of... Most Relevant Cases  
Devereux v. Dunn 2 Ired.Eq. 206, Supreme Court of North Carolina (June 01, 1842) 1842 The bill is brought for a specific execution of an agreement, entered into by the defendant and Sarah E. Devereux, that the defendant would purchase the land, slaves and farming stock therein mentioned. The defendant is willing to complete the purchase, if he can get a good title to the whole property. The complainants' title to convey the land... Most Relevant Cases  
Dillard v. Dillard 22 Tenn. 41, Supreme Court of Tennessee (April 01, 1842) 1842 This is a bill to recover possession of a negro girl. There is a mass of irrelevant testimony which it is unnecessary to notice. It appears from the proof that Merritt Dillard, the father of the complainant, being executor of Josiah Dillard in 1827, in North Carolina, made a sale of the personal property of the estate of said Josiah, part of which... Most Relevant Cases  
Ensley v. Balentine 23 Tenn. 233, Supreme Court of Tennessee (December 01, 1842) 1842 This bill is filed to set up a resulting trust. It is alleged that Jesse Balentine was the owner of a negro girl, Emeline; that the defendant, Charles Balentine (who was his father-in-law) took this girl into his possession and sold her, and vested the proceeds in the tract of land in question, taking the title in his own name. Jesse Balentine... Most Relevant Cases  
Esther v. Akins' Heirs 3 B.Mon. 60, Court of Appeals of Kentucky (September 21, 1842) 1842 Will--construction of. Slaves. ERROR TO THE GREEN CIRCUIT. The case stated DAVID RICE, deceased, being the owner of several slaves, Dick, Edith, and the children of Edith, devised Dick to one of his sons, the use of Edith to a daughter, and as to the children of Edith, made the following devise: But it is my will that the... Most Relevant Cases  
Evans v. King 7 Mo. 411, Supreme Court of Missouri (May 01, 1842) 1842 This was an action of replevin brought by Evans against King, for a slave. The judgment of the Circuit Court was for the appellee, and the facts appearing on the trial were as follows: The administrator of W. B. King commenced an action by petition in debt against one Charles D. Burriss, on a note for $636.87, and upon his giving the necessary bond... Most Relevant Cases  
Ewing v. Gist 2 B.Mon. 465, Court of Appeals of Kentucky (April 23, 1842) 1842 THE plaintiff having hired the slave, Albert, to the defendants, as guardian of the owner, had a right in that character to recover not only the hire but damages for not returning the slave, the obligation to return the slave at the expiration of the period of hire was implied by law from the contract of hiring, though not expressed in words,... Most Relevant Cases  
Felder v. Louisville, C. & C.R. Co. 2 McMul. 403, Court of Appeals of Law of South Carolina (May 01, 1842) 1842 Where the slave of the plaintiff, endowed with ordinary intelligence and acquainted with the nature and manner of using the Rail Road, voluntarily laid himself down on the road and went to sleep, amidst grass so high as to obstruct the view at some distance, (over twenty feet ahead,) and in this situation, without any fault of the engineer, the... Most Relevant Cases  
Forbes, Brooks & Co. v. Hill Dallam 486, Supreme Court of the Republic of Texas (January 01, 1842) 1842 An execution in favor of Forbes, Brooks & Co., for eight hundred and thirty-nine 50-100 dollars, was levied on certain slaves of Hill, who obtained an injunction thereto, alleging that he had pointed out property to the sheriff to make levy on, but that the sheriff, with the advice of the plaintiffs in execution, or some one of them,... Most Relevant Cases  
Foscue v. Foscue 2 Ired.Eq. 321, Supreme Court of North Carolina (December 01, 1842) 1842 On the third day of February, 1805, Simon Foscue the elder executed a deed, whereby he conveyed to his daughter Dorcas Foscue, then an iufant and lunatic, and residing with him, four slaves and other personal chattels at his death, making a reservation therein of an estate for his life in the slaves. After the execution of the instrument, the... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
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