TitleCitationYearSummaryMost RelevantTypeStatus
Fry's Ex'rs v. Throckmorton 2 B.Mon. 450, Court of Appeals of Kentucky (June 02, 1842) 1842 Warranty. Failure of consideration. ERROR TO THE LOUSIVILLE CHANCERY COURT. The case stated. THOMAS W. FRY sold to Aris Throckmorton thirteen young slaves of three different families, but connected generally by different degree of consanguinity. About two years after the sale and delivery, one of those slaves, a young man named Jordan, died of... Most Relevant Cases  
Garrett v. Carr 40 Va. 196, Supreme Court of Appeals of Virginia (August 01, 1842) 1842 (Absent Stanard and Baldwin, J. ) The decree of this court at the time of the decision reported in 3 Leigh 407. having remanded this cause with directions that the account of the land fund and the hire of the slaves should be stated as a guardian's account, question now whether those directions have been complied with. Construction of the 7th... Most Relevant Cases  
Gay v. Kendig 2 Rob. (LA) 472, Supreme Court of Louisiana (June 01, 1842) 1842 Appeal from the City Court of New Orleans, Cooley, J. This was an action by the endorsee of a note given for the price of a slave, made by the defendant, and payable to the order of one Noe, by whom it was endorsed. On the back of the note, and of the same date with it, was a memorandum in these words, signed by Noe: If the negro boy,... Most Relevant Cases  
Governor v. Williams 12 Leigh 508, Supreme Court of Appeals of Virginia (February 01, 1842) 1842 A ca. sa. being served on C. he surrenders, in his schedule, his equity of redemption in certain slaves then under mortgage; and the sheriff, without redeeming the mortgage, or exposing the slaves to the view of the bidders, sells the equity of redemption: HELD, if the sheriff had no right to make the sale, nothing passes by it; if he had a right... Most Relevant Cases  
Green v. Botts 3 B.Mon. 196, Court of Appeals of Kentucky (October 19, 1842) 1842 THIS is an action of replevin brought by Green against the Sheriff, for levying on Flora and her two children, as the property of Bruin, the son-in-law of Green. If Green gave the slave Flora to his daughter, or her husband Bruin, in that case, she and her increase were liable to be levied on and sold in satisfaction of Bruin's debts, no matter how... Most Relevant Cases  
Green v. Deberry 2 Ired. 344, Supreme Court of North Carolina (June 01, 1842) 1842 An action of detinue for a slave was instituted by Olive Green in her own name only, and, after the general issue pleaded, a motion was made to amend the writ and declaration by adding three other persons as joint plaintiffs with Olive Green, which was permitted by the Court. From that decision the defendant was allowed an appeal to this court. It... Most Relevant Cases  
Green v. Otter 3 B.Mon. 102, Court of Appeals of Kentucky (September 30, 1842) 1842 Trusts and Trustees. Lapse of time. APPEAL FROM THE EDMONDSON CIRCUIT. The case stated. IN April, 1790, Ann Cobb and John Jacob Otter, who were soon afterwards intermarried, made an ante-nuptial contract in consideration of their contemplated union, whereby she conveyed to a trustee, William Boswell, her estate, consisting of some slaves and other... Most Relevant Cases  
Greenlow v. Rawlings 22 Tenn. 90, Supreme Court of Tennessee (April 01, 1842) 1842 Thomas J. Rawlings, one of the defendants, executed the note sued on to Isaac Rawlings, deceased, who appointed William I. Rawlings, the other defendant, his executor. He endorsed the note to the plaintiff, who brought this suit against the maker and endorser of the note. Thomas J. Rawlings pleaded that William I. Rawlings was a slave, and could... Most Relevant Cases  
Gupton v. McCawley 22 Tenn. 468, Supreme Court of Tennessee (December 01, 1842) 1842 The facts of this case are as follows: On the 23d day of February, 1839, the administrator of Jeremiah Brown exposed a negro to public sale. Abner Gupton and Andrew Vance bid for her. Vance, being the highest bidder, was declared by the auctioneer the purchaser. Gupton then observed to him that he wanted the negro, and Vance replied, Come... Most Relevant Cases  
Hamblet v. Herndon 22 Tenn. 34, Supreme Court of Tennessee (April 01, 1842) 1842 This is an action brought by Herndon, who was plaintiff, against Hamblet, a constable, for a false return upon a fieri facias which came to his hands in favor of the plaintiff gainst one Jesse E. Crook. The plaintiff in the execution showed Hamblet, the constable, a negro boy as the property of Crook; the father of Crook claimed the negro, and the... Most Relevant Cases  
Hanley v. Wallace 3 B.Mon. 184, Court of Appeals of Kentucky (October 19, 1842) 1842 Attachment. Injunction Bonds. Damages. APPEAL FROM THE JESSAMINE CIRCUIT. The case stated. IN January, 1822, Hanley filed his bill in the Merce?? Circuit, and attached certain slaves, the property of William Lewis, for the purpose of ultimately subjecting them to the payment of one-half of several replevy bonds remaining in the Jessamine Circuit... Most Relevant Cases  
Hartsell v. George 22 Tenn. 255, Supreme Court of Tennessee (July 01, 1842) 1842 This is an action of trespass brought by the defendant in error to assert and recover his freedom. John Bayless of Washington county, the owner of a slave Jenny, in his lifetime presented his petition to the county court of that county, at its April session, in the year 1821, praying upon views and for reasons therein set forth that said slave... Most Relevant Cases  
Helm v. Steele 22 Tenn. 472, Supreme Court of Tennessee (December 01, 1842) 1842 This is an action of trover brought by the plaintiff to recover the value of a negro slave alleged to have been the property of the testator, and to have been converted by the defendant after his death. The court permitted declarations and admissions of the plaintiff made after he became executor to be given in evidence. In this there was no error.... Most Relevant Cases  
Henry v. Bradford 40 Va. 53, Supreme Court of Appeals of Virginia (May 01, 1842) 1842 The decision in Maria and others v. Surbaugh, 2 Rand. 228. adhered to. A testator by his will directs that his negro girl Adah shall only serve ten years, and then have her freedom. During the ten years Adah has a daughter named Ebby. A son of Ebby sues for his freedom. Held, he is a slave. In a suit for freedom in the county court of... Most Relevant Cases  
Hensley v. Dodge 7 Mo. 479, Supreme Court of Missouri (May 01, 1842) 1842 Henry Dodge, surviving administrator of Israel Dodge, deceased, brought an action of detinue against Margaret S. McNair, to recover the possession of three slaves, named in the declaration. The defendant pleaded, first, non detinet; second, limitation of five years; third, ne unques administrator, and fourth, that the plaintiff was not lawfully... Most Relevant Cases  
Hinklin v. Hamilton 22 Tenn. 569, Supreme Court of Tennessee (December 01, 1842) 1842 The questions presented for consideration in this case arise upon the following statement of facts: On the 13th day of October, 1821, Hugh Hinklin executed his last will and testament, by which he devised to negro man Will and negro woman Suky, his wife, their freedom at his death, and bequeathed them the use of a part of the land on which he... Most Relevant Cases  
Hinton v. Cole 22 Tenn. 656, Supreme Court of Tennessee (December 01, 1842) 1842 The bill in this case alleges that Peter H. Cole departed this life in 1823, having made his last will and testament, and appointed complainants his executors. The testator devised his negroes to his wife, and created a charge upon his real estate for the payment of his debts, certain portions of which he directed to be sold. The land in the... Most Relevant Cases  
Johnson v. Johnson McMul.Eq. 345, Court of Appeals of Equity of South Carolina (February 01, 1842) 1842 Where the testator, by a clause in his will, devised as follows. To my daughter, Maria Johnson, and to her children after her, I give all that tract of land, originally granted to William Carr, that lieth below the edge of the Mill Pond, when the Mill Pond is full &c. also a negro woman called Hannah and all her increase and all the stock of... Most Relevant Cases  
Johnson's Ex'r v. Clark 4 Ark. 235, Supreme Court of Arkansas (January 01, 1842) 1842 Held: That according to the act of the General Assembly, regulating the practice of the Circuit Courts in cases in chancery, a party is not entitled to an appeal, unless upon a final decision, order or decree. And that, where the decree affirms that the conveyance of certain slaves is a mortgage, and that the complainant has a right to redeem under... Most Relevant Cases  
Knight v. Donahoo's Heirs 3 B.Mon. 277, Court of Appeals of Kentucky (September 20, 1842) 1842 THERE was no error in admitting the deposition of Elizabeth Donahoo. She had no legal interest in giving her husband an estate for her life, in the slaves, rather than a fee-simple; and any bias which she may have had in establishing a limitation in favor of her own children, rather than a descent to the heirs of her husband, would not affect her... Most Relevant Cases  
Laborde v. Penn McMul.Eq. 448, Court of Appeals of Equity of South Carolina (May 01, 1842) 1842 1. Testator, by his will, gave to his daughter, Mrs. Dunton, the wife of Hollis Dunton, the complainant, four slaves, then in her possession, and two hundred acres of land, to her, and the heirs of her body. He, also, gave her an equal share of the residue of his estate, along with three others. After the death of the testator, Hollis... Most Relevant Cases  
Lee v. McKay 3 Ired. 29, Supreme Court of North Carolina (December 01, 1842) 1842 In an action of Trover for lumber, held that although the defendant's slaves took the timber and sawed it without or against his orders, or even by mistake, yet, if the lumber, when sawed, came to the defendant's use either by being sold or otherwise appropriated to his benefit, however innocently on his part, this was a conversion, and the... Most Relevant Cases  
Lewen v. Stone 3 Ala. 485, Supreme Court of Alabama (January 01, 1842) 1842 If the defendant, Lewen, had not a legal interest in the slaves in controversy, then they were not subject to levy and sale, under the execution of Stone. That execution though issued from the Court of Chancery, we infer, is founded on a monied decree, which does not specifically direct the slaves to be sold in order to its payment; consequently,... Most Relevant Cases  
Lewis v. Love's Heirs 2 B.Mon. 345, Court of Appeals of Kentucky (May 11, 1842) 1842 The case stated. IN May, 1837, George R. Love, upon no other consideration than love and affection, conveyed his real estate to his three infant children, who were living with him; and in June following, on the same consideration, conveyed to them his slaves and other personal property, and both deeds were duly reorded in June of the same year. In... Most Relevant Cases  
Long v. Norcom 2 Ired.Eq. 354, Supreme Court of North Carolina (December 01, 1842) 1842 In the year 1829, the plaintiff was, by the County Court of Perquimons, appointed guardian to his infant brother, William Long, then about eleven years old, and so continued until the death of William, in the year 1838. The estate of the ward consisted of a negro girl, which was allotted him in the division of the negroes belonging to his deceased... Most Relevant Cases  
Loyd v. Currin 22 Tenn. 462, Supreme Court of Tennessee (December 01, 1842) 1842 This bill is brought to set up a verbal mortgage, which it is alleged was made in 1829, of a negro boy, the property for life or widowhood of the complainant. The bill states that the complainant was the owner of the negro boy, then six or seven years old; that he had been pledged to one Tidwell for the security of a small sum of money; that... Most Relevant Cases  
Malone v. Abbott 22 Tenn. 532, Supreme Court of Tennessee (December 01, 1842) 1842 An execution for $4,480.20, in favor of Stephen D. C. Abbott against John Barber directed to the sheriff of Rutherford county from the Davidson circuit court, tested of the 2d Monday of January 1838 came to the hands of said sheriff, and was on the 15th January, 1838, levied amongst other property upon the three negroes in controversy. A delivery... Most Relevant Cases  
Martin v. Martin 12 Leigh 495, Supreme Court of Appeals of Virginia (January 01, 1842) 1842 S. brings detinue against J. for one slave, and J. detinue against S. for three slaves, and J. brings also an action of debt against S. and the parties agree to refer all matters in difference in the three suits to two arbitrators and their umpire, whose awards, or the awards of their umpire, to be made the judgments of the court; which submission... Most Relevant Cases  
Massey v. Holland 3 Ired. 197, Supreme Court of North Carolina (December 01, 1842) 1842 The court does not find any error in the instructions given to the jury. In the construction of the act of 1819, (Rev. Stat. c. 50, s. 8,) to avoid parol contracts for the sale of lands and slaves, it has been settled that the act has no effect upon executed contracts, but operates only to avoid every executory contract to sell or convey lands or... Most Relevant Cases  
Mayho v. Sears 3 Ired. 224, Supreme Court of North Carolina (December 01, 1842) 1842 By the law of Virginia a man is permitted to emancipate his slave, by deed, the emancipation to take effect at any time prescribed in the deed subsequent to its date. Held that where such a deed of emancipation for a female slave was executed in Virginia, and she came to this State, and, before the day appointed for such emancipation to take... Most Relevant Cases  
McNair v. Dodge 7 Mo. 404, Supreme Court of Missouri (May 01, 1842) 1842 Henry Dodge, surviving administrator of Israel Dodge, deceased, brought an action of detinue against Margaret S. McNair, to recover the possession of three slaves, named in the declaration. The defendant pleaded, first, non detinet; second, limitation of five years; third, ne unques administrator; and fourth, that the plaintiff was not lawfully... Most Relevant Cases  
Moody v. Fry 22 Tenn. 567, Supreme Court of Tennessee (December 01, 1842) 1842 The bill alleges that complainants is the administrator of Marcellus Jordan, deceased; that the intestate, shortly before his death, in his last illness, with a view to defraud some of his creditors, made a pretended sale of sixteen negro slaves to defendant Fry; that complainant is not informed of the precise terms of the sale by the intestate to... Most Relevant Cases  
Moore's Adm'r v. Barrow's Ex'r 2 Ired. 436, Supreme Court of North Carolina (June 01, 1842) 1842 E. Barrow died in 1832, having made his will, and, amongst other things, bequeathed as follows: I lend my daughter, Nancy E. Moore, the following property, to wit, negroes Lewis, Huldy, Baker, (and nine others by name) and one bed and furniture (and sundry other articles of furniture.) If my daughter, Nancy E., should depart this life without... Most Relevant Cases  
Morgan v. McCarty 22 Tenn. 146, Supreme Court of Tennessee (July 01, 1842) 1842 The defendant in error brought this action of detinue, to recover certain slaves, in the circuit court for Bradley county, against the intestate of plaintiff in error. The latter pleaded in abatement the commencement and pending of another suit by the defendant in error against her for the same cause, in the circuit court of McMinn county. The... Most Relevant Cases  
Morrison v. Kennedy 2 Ired.Eq. 379, Supreme Court of North Carolina (December 01, 1842) 1842 The bill is filed by the next of kin of John Patterson, deceased, against his executor, claiming distribution of two slaves, Simon and Hilly, as not being disposed of in his will. By that instrument the testator, after several legacies to some of his relations, gave to his natural son, William S. Patterson his lands, and also all my personal... Most Relevant Cases  
Morrow v. Alexander 2 Ired. 388, Supreme Court of North Carolina (June 01, 1842) 1842 A deed, executed in South Carolina, for a slave then being in this State, with certain limitations over, which by the law of that State are invalid but which by our law are good, must be construed according to the law of that State, and, therefore, the limitations over are void. A deed for a female slave and her increase can only... Most Relevant Cases  
Narcissa's Ex'r v. Wathan 2 B.Mon. 241, Court of Appeals of Kentucky (April 13, 1842) 1842 The case stated. AUSTIN HUBBARD, who died in Bardstown, in the year 1823, without legitimate issue, and possessed of an estate, real and personal, then estimated at about $13,000, devised the whole to a mulatto female slave of Dr. Elliot, named Narcissa, on condition that her freedom could be purchased on reasonable terms, otherwise to Austin F.... Most Relevant Cases  
Newsom v. Thompson 2 Ired. 277, Supreme Court of North Carolina (June 01, 1842) 1842 If the act of 1823, c. 1211, (Rev. Stat. c. 37, sect. 22,) could help a deed like this, yet it caunot operate on that before us, inasmuch as it was made in 1819, before the act passed. As a conveyance at common law, it is clearly ineffectual to vest the slave in persons then unborn, the limitations to such persons not being by way of remainder... Most Relevant Cases  
Norris v. Schroeder McMul.Eq. 422, Court of Appeals of Equity of South Carolina (February 01, 1842) 1842 By law, the master of the work-house, in the City of Charleston, is authorized and required to receive all slaves that may be placed in the work-house, by their owners, or by their order; and he is regarded, when in the possession of any slave, by authority from his owner, or other person, not as the agent of him who delivers the slave, but as a... Most Relevant Cases  
Nutter v. Connet 3 B.Mon. 199, Court of Appeals of Kentucky (October 20, 1842) 1842 Chanc??ry. Attachment. Lien. Priority of lien. APPEAL AND WRITS OF ERROR TO THE JESSAMINE CIRCUIT. The case stated ON the night of the 9th of January, 1839, William C. Connet, who resided near Lexington in this State, started, with his family and several slaves and other moveables, for Missouri, with the intention of permanently settling there. On... Most Relevant Cases  
Offutt v. Offutt 3 B.Mon. 162, Court of Appeals of Kentucky (October 14, 1842) 1842 The case stated. ZEPHANIAH B. OFFUTT, owning an estate consisting of more than $8000 in money and of some slaves, obtained through his wife--attempted to make a testamentary disposition of his entire property, immediately preceding his death. A paper purporting to be his will, was written at his request and in his presence, bequeathing $500 to the... Most Relevant Cases  
Orgain v. Ramsey 22 Tenn. 580, Supreme Court of Tennessee (December 01, 1842) 1842 The bill in this case is filed by the complainants to enjoin a sale of certain slaves, which the defendants, creditors of Thomas Orgain, have caused to be levied on, by virtue of executions in their favor, against said Thomas Orgain. The complainants allege the property belongs to them, by virtue of a deed executed to them by Thomas Orgain, before... Most Relevant Cases  
Overseers of Poor of Perth Amboy v. Overseers of Poor of Piscataway 19 N.J.L. 173, Supreme Court of Judicature of New Jersey (January 01, 1842) 1842 Certiorari to Quarter Sessions of Middlesex. 1. A slave, who has not been manumitted according to law, cannot be considered a pauper subject to be removed by an order, so long as his master is able to provide for him. 2. In an investigation to determine who is bound to support a pauper that has been a slave, a former owner is not a competent... Most Relevant Cases  
Patton's Adm'r v. Patton's Heirs 3 B.Mon. 160, Court of Appeals of Kentucky (October 13, 1842) 1842 The case stated. IN May, 1824, William Patton was appointed by the Christian County Court, guardian to his four infant children, who are the defendants in error, and executed bond with David S. Patton, Robert G. Patton, and Mathew Patton, Jr., as his securities. In 1824-5, several sums of money, some slaves and plate, came to the guardian's hands,... Most Relevant Cases  
Pope v. J. & T. Eakin & Co. 22 Tenn. 413, Supreme Court of Tennessee (December 01, 1842) 1842 This bill is filed by Selma, Mary, and Sarah Pope, by their next friend, W. Pope, to enjoin the defendants from selling a negro man, Ben, claimed by them, and to be quieted in their right to him, under the following facts: W. Pope was the owner of the slave in question several years previous to the 1st of January, 1840; he permitted the slave in... Most Relevant Cases  
Porche v. L'Admirault 1 Rob. (LA) 365, Supreme Court of Louisiana (February 01, 1842) 1842 The defendant is appellant from a judgment of the District Court of Pointe CoupĂ©e, Nicholls, J., rescinding the sale of a slave. Most Relevant Cases  
Porcher ads. Caldwell 2 McMul. 329, Court of Three of South Carolina (February 01, 1842) 1842 1. Where the unsoundness of a slave is known to a purchaser at public sale, he cannot maintain an action on the implied warranty of soundness. 2. Where a purchaser of a slave takes a bill of sale, or written warranty, and omits to insert a clause warranting the soundness, it is a reasonable inference that no warranty of soundness was intended. The... Most Relevant Cases  
Porter v. Porter 22 Tenn. 586, Supreme Court of Tennessee (December 01, 1842) 1842 In 1814 or 1815 Elizabeth Duffill, the aunt of William Porter, the complainant, loaned him her negro boy Henry, which he continued to hold under said loan until about 1825, when, being in bad health, and the boy having contracted bad habits and become refractory, he was unable to govern him. Hugh B. Porter, the defendant, who is the son of... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Prigg v. Com. of Pennsylvania 41 U.S. 539, Supreme Court of the United States (January 01, 1842) 1842 Constitutional law.Fugitives from labor.Powers of the states. Edward Prigg, a citizen of the state of Maryland, was indicted for kidnapping, in the court of oyer and terminer of York county, Pennsylvania, for having forcibly taken and carried away, from that county, to the state of Maryland, a negro woman, named Margaret Morgan, with... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Roberts v. Green 2 Ired.Eq. 346, Supreme Court of North Carolina (December 01, 1842) 1842 The plaintiffs in their bill state, that for a valuable consideration they are the assignees of a legacy in certain slaves, their increase, rents and hires, given by the last will and testament of Lucy Haynes to William Noblin and his daughter Lucy H. Noblin. The bequest in the said will is in the following words: My two negroes Milly and James I... Most Relevant Cases  
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