TitleCitationYearSummaryMost RelevantTypeStatus
Robertson v. Houlder 2 Ired.Eq. 341, Supreme Court of North Carolina (December 01, 1842) 1842 Jacob Stephens made his will, and died in 1829. He appointed the defendant Houlder, executor; and by his will gave to his wife for her life certain lands, seven slaves, seven head of horses, all his stock of cattle, hogs and sheep, his crop of every kind, working tools and plantation utensils and carts; and, at her death, the land and negroes over... Most Relevant Cases  
Ruff v. Thomas 28 S.C.L. 163, Court of Appeals of Law of South Carolina (November 01, 1842) 1842 In 1817, J. A. M., the father of plantiff's wife, who was illegitimate, purchased through his agent, J. T., the defendant, certain slaves, at the sale of P. S., deceased. They went into J. A. M's. possession, and remained a year, (except a girl called Hala, with her increase, the subject of the suit.) At the end of that time, J. S. a son of the... Most Relevant Cases  
Sandridge v. Spurgen 2 Ired.Eq. 269, Supreme Court of North Carolina (December 01, 1842) 1842 On the 7th of March, 1842, George Hoover executed to the plaintiff a mortgage of a slave, to secure the payment of the sum of $500, and died in May following; having made a will, which was proved at August Term, 1842, of Randolph County Court, at which time administration with the will annexed was granted to the defendant. The plaintiff then filed... Most Relevant Cases  
Sims ads. Brock 28 S.C.L. 49, Court of Appeals of Law of South Carolina (November 01, 1842) 1842 1. B. brought an action of trover for a slave, which he claimed under the will of G. B. against S. A conversion was proved. The defendant purchased the slave at sheriff's sale, as the property of J. W. B., some eight or ten years before the trial, and had held him adversely. 2. The plaintiff failed to show title in G. B., the testator, and offered... Most Relevant Cases  
Singleton v. Fore 7 Mo. 515, Supreme Court of Missouri (August 01, 1842) 1842 Fore, the defendant in error, brought his action of covenant against Singleton in the Circuit Court of Lewis county, charging that Singleton, by his certain bill of sale, dated 29th November, 1838, sealed, &c., in consideration of the sum of seven hundred dollars, did sell to the plaintiff three negroes, to wit, Charlotte, Naomia, and Lucy, and did... Most Relevant Cases  
Smith v. Ross 22 Tenn. 220, Supreme Court of Tennessee (July 01, 1842) 1842 Ross & Beeler sued Smith for taking a negro out of their possession, and recovered a judgment for $554. Previously to the rendition of the said judgment Smith and Ross & Beeler had entered into a covenant, whereby Smith rented several town lots and buildings, together with several negroes, and furniture, bacon, corn, hay, etc., to Ross & Beeler for... Most Relevant Cases  
State v. Conover 3 Harr. 565, Court of Oyer and Terminer of Delaware (October 01, 1842) 1842 The act of 1837 against enticing away negro slaves and servants, does not extend to indented apprentices. Indictment for enticing away a negro indented servant to leave the service of her master, contrary to the act of 1837. (9 Del. Laws 184.) This indictment involved a construction of the act of 1837. The act of 1827, (Dig. 34,) concerning... Most Relevant Cases  
State v. Cooper 3 Harr. 571, Court of Oyer and Terminer of Delaware (October 01, 1842) 1842 The decisions on the admissibility of negro evidence appear to have been somewhat conflicting; or, at least, the loose recollections of those decisions are conflicting. In 1787 a law was passed which recognized in the negro race the right to hold property, and to obtain redress in law or equity for any injury to his or her person or property. Under... Most Relevant Cases  
State v. Dillahunt 3 Harr. 551, Court of Oyer and Terminer of Delaware (October 01, 1842) 1842 The presumption of law is in favor of freedom. Drunkenness is no excuse for crime; but mania a potu is a disease which may amount to insanity. Indictment for the murder of William Frisby Green, negro. Charlotte Green, a colored woman, was called as a witness for the State, and objected to because she was not proved to be a free woman, though it was... Most Relevant Cases  
State v. Griffin 3 Harr. 560, Court of Oyer and Terminer of Delaware (October 01, 1842) 1842 A convict servant is a free man for the purpose of giving evidence, as well as of punishment. Section seventeen of the criminal code applies to others as well as the owners of such convicts. Requisites of an indictment under this section. The defendant, Wilson, (the only one now on trial) was indicted with Jacob R. Griffin, for exporting from this... Most Relevant Cases  
State v. Griffin 3 Harr. 559, Court of Oyer and Terminer of Delaware (October 01, 1842) 1842 Indictment for kidnapping Maria Coursey, a free negro woman. Adjudged that the presumption of law is in favor of liberty, and no presumption to the contrary arises from color. A negro called as a witness is prima facie free. (Layton, J. dissenting.) Adjudged, that the allegation of freedom, as contained in an indictment for kidnapping, is a... Most Relevant Cases  
State v. Griffin 3 Harr. 560, Court of Oyer and Terminer of Delaware (October 01, 1842) 1842 Indictment for kidnapping Peter Howard, a free negro. Peter Howard was sworn on the voire dire without previous proof of freedom; but on his stating that he was born a slave, the court held, that proof of his freedom must be made aliunde. This was done: but it appeared that at the time he was kidnapped, there were white persons present aiding and... Most Relevant Cases  
State v. Jackson & Montgomery 28 S.C.L. 13, Court of Appeals of Law of South Carolina (November 01, 1842) 1842 1. On an indictment for a riot, it appeared that two white persons and a negro slave went together to a place where one Brown was at work-that upon their arrival there, one of the white persons cut a club, in the presence of the other two, used threatening language to Brown, and commanded his associates to cut up house logs which the prosecutor had... Most Relevant Cases  
State v. Jefferson 3 Harr. 571, Court of Oyer and Terminer of Delaware (October 01, 1842) 1842 In an indictment, under the statute, for an assault with intent to kill, the intent must be proved; and is not to be presumed from the act, as malice is. The prisoner was indicted for an assault and battery with intent to murder. He shot at a negro girl with a gun loaded with shot, and within shooting distance. None of the shot hit her. The... Most Relevant Cases  
State v. Linton 3 Rob. (LA) 55, Supreme Court of Louisiana (September 01, 1842) 1842 Indictment stated that Benjamin F. Linton, was the owner of a plantation in the parish of St. Landry, on which he had kept a certain number, to wit, ten slaves, since the 1st of January, 1841, till that time, (November, 1841,) without having any white or free colored person as manager or overseer of such slaves, contrary to the form of the statute,... Most Relevant Cases  
State v. Pettyjohn 3 Harr. 548, Court of Oyer and Terminer of Delaware (October 01, 1842) 1842 The court said: The criminal code makes a distinction between white people and free negroes or mulattoes, only in the cases of larceny and receiving stolen goods. In those cases, the punishment being different, it is necessary to show in the indictment whether the defendant is a white person or a free negro or mulatto; and the law,... Most Relevant Cases  
State v. Tomlinson 3 Ired. 32, Supreme Court of North Carolina (December 01, 1842) 1842 The defendant was indicted and tried for trading with a slave, an offence embraced in ch. 34, sec. 75, Rev. Stat. More than one year had elapsed between the time of the trading with the slave, and the finding of this bill of indictment. In sec. 80, Rev. Stat. ch. 34, it is enacted, that no suit or indictment shall be prosecuted for any violation... Most Relevant Cases  
State v. Turner 2 McMul. 399, Court of Appeals of Law of South Carolina (May 01, 1842) 1842 Wherever one of the counts in an indictment for trading with a slave is good, the court awards judgment upon it, notwithstanding the other counts may be bad. Most Relevant Cases  
Stephens v. Doak 2 Ired.Eq. 348, Supreme Court of North Carolina (December 01, 1842) 1842 The slaves of a female ward will go to the representatives of her husband, though he married while the slaves were hired out by the guardian, and died during the term for which they were hired. Where such slaves are held in common with others, to whom the same person is guardian, and after the marriage, by agreement between the husband and... Most Relevant Cases  
Swain v. Rascoe 3 Ired. 200, Supreme Court of North Carolina (December 01, 1842) 1842 James Swain bequeathed to his son James Swain, the following negroes, to-wit, Mark, Amy and Ben, for his own use during his life; and, at his death, if he should die leaving heirs lawfully begotten of his body, that the said negroes shall be equally divided between them, but if he should not leave heirs as above named, that the said negroes should... Most Relevant Cases  
Thacker v. Hawk 11 Ohio 376, Supreme Court of Ohio, In Bank (December 01, 1842) 1842 Where the court of common pleas instructed the jury that a man who has any negro blood whatever was not a lawful voter, it is error. Most Relevant Cases  
Thomas v. Lewis 22 Tenn. 29, Supreme Court of Tennessee (April 01, 1842) 1842 C. S. Lewis, the plaintiff below, a constable of Weakley county, had in his hands several executions in favor of John M. Hurt against Sterling McDearmore, which he levied upon the negro woman in controversy. In a few minutes afterwards John S. Taylor, another constable, levied another execution on the same negro, and took her out of the possession... Most Relevant Cases  
Thornton v. Johnson 2 B.Mon. 459, Court of Appeals of Kentucky (June 03, 1842) 1842 Fraud. Pleading by defendant. Rescission. APPEAL FROM THE MARION CIRCUIT. IT seems to this Court that the Circuit Judge erred in sustaining a demurrer to the plea, which averred that the note sued on was given in consideration of the sale, by the plaintiff to the defendant, of a slave; that the slave was secretly unsound; that the vendor knew and... Most Relevant Cases  
Tucker v. Medaris 22 Tenn. 628, Supreme Court of Tennessee (December 01, 1842) 1842 Robert Hicks, the father of Sarah Bell, afterwards Sarah Medaris, in 1767, conveyed by deed of gift a negro woman, slave, named Violet, to Barbara, the eldest daughter of Mrs. Bell, reserving the use for life to Mrs. Bell. Barbara intermarried wth one Powers; and, on the 28th of November, 1804, to obtain immediate possession, it is probable, of... Most Relevant Cases  
Wade v. Scott 7 Mo. 509, Supreme Court of Missouri (August 01, 1842) 1842 This was an action, by petition in debt, on a promissory note, executed by Pierce Wade to Isaac C. Scott, for the sum of $625, the price of a slave sold by Scott to Wade. Wade's defense was fraud, misrepresentation, and a breach of warranty. On a trial, Scott obtained judgment for the amount of the note. It appears from the bill of exceptions, that... Most Relevant Cases  
Wallace v. Dyson 28 S.C.L. 127, Court of Appeals of Law of South Carolina (November 01, 1842) 1842 1. A promissory note under the statute of Anne, must be for the payment of money only. 2. The mere statement of the consideration, as for the hire of negroes during the present year, would not invalidate a paper as a promissory note; but where three out of four of the instruments on which assumpsit was brought, contained other... Most Relevant Cases  
Whitehurst v. Harker 2 Ired.Eq. 292, Supreme Court of North Carolina (December 01, 1842) 1842 A bequest of moveable property or moveables, when there is nothing in the will to restrict the meaning of those terms, includes slaves and every other species of personal property. Where there is a legacy of slaves to A. for life, and after her death to B. and two others, and the husband of B. dies in the lifetime of the tenant for life, the share... Most Relevant Cases  
Whitmore v. Parks 22 Tenn. 95, Supreme Court of Tennessee (April 01, 1842) 1842 Complainants Whitmore & Trotter were partners in trade. Upon the dissolution of the partnership each received and appropriated an equal share of the debts and other effects belonging to the firm. Afterwards, the partners being still indebted for goods purchased in the eastern cities, Trotter gave to the complainant a mortgage upon certain negroes... Most Relevant Cases  
Wilburn ads. Bogan 28 S.C.L. 179, Court of Appeals of Law of South Carolina (November 01, 1842) 1842 1. Trover for two slaves. Plaintiff offered in evidence two bills of sale from I. H., of different dates, and proved possession under them, from their date to the conversion. The defendant set up title in one F., and relied upon a parol gift, made by H. to his illegitimate daughter, whom he acknowledged, and who intermarried with F. The gift, it... Most Relevant Cases  
Woodrow v. Davis 2 B.Mon. 298, Court of Appeals of Kentucky (April 28, 1842) 1842 IN this case the only question for revision is, whether the continued retention of the possession and use of a slave by a vendor, under a contract of hire, though as ostensible owner, after an absolute sale of the title by him to another, should be deemed, per se, fraudulent as to the subsequent creditors of such vendor, who became such whilst that... Most Relevant Cases  
Woodruff v. Laflin 4 Ark. 527, Supreme Court of Arkansas (July 01, 1842) 1842 Notice of taking depositions must be served by copy. Reading is not sufficient. In assumpsit, the defendant cannot set off unliquidated damages, caused by the negligence of the plaintiff in keeping a slave, placed in his hands by defendant, to be sold. If depositions are improperly admitted in evidence, the judgment will be reversed, although the... Most Relevant Cases  
Young v. Commonwealth 40 Va. 744, General Court of Virginia (December 01, 1842) 1842 On trial of indictment against W. Y. for felony in stealing a slave, prisoner is acquitted; whereupon court makes the following order: It appearing to the court, by the testimony of witnesses this day examined on the trial of W. Y. that he is guilty of a misdemeanour, it is ordered that he be remanded to jail, and continued in the custody of... Most Relevant Cases  
Allison v. Taylor's Heirs 3 B.Mon. 363, Court of Appeals of Kentucky (May 03, 1843) 1843 Sale of land. Executions. Rescission of contracts. Ameliorations. ERROR TO THE LOUISVILLE CHANCERY COURT. The object of the bill. THE heirs of Edmund H. Taylor filed their bill in November, 1839, against Allison, White, and Laugherty, to set aside a sale of a tract of land of their ancestor, made under color of four executions, which issued against... Most Relevant Cases  
Anderson v. Smoot 17 S.C.Eq. 312, Court of Appeals of Equity of South Carolina (December 01, 1843) 1843 1. Testator bequeathed as follows: I give to my wife, A. M., in lieu of her dower, the use of one-fourth part of my personal estate, during her life, and, at her death, to return to my estate, with the increase of the negroes, and the whole to be equally divided among my surviving children, or the heirs of their bodies, share and share alike. 2.... Most Relevant Cases  
Arrington v. Cheatham 41 Va. 492, Supreme Court of Appeals of Virginia (November 01, 1843) 1843 (Absent Cabell, P.) A testator, by his will, after directing that in the first place all his just debts shall be paid, devises and bequeaths to his wife, during her life, his plantation, all his stock and furmture, and six slaves by name; and then, after various specific devises and legacies to his children, directs as follows: I desire that... Most Relevant Cases  
Baines v. Williams 3 Ired. 481, Supreme Court of North Carolina (June 01, 1843) 1843 We see no sufficient reason to doubt of the correctness of the opinion expressed by his HONOR. The law prescribes that all actions upon the case shall be brought within three years next after the cause of action, and not after. The undertaking of the defendant was, to go to Georgia, there sell a negro of the plaintiff's intestate and collect his... Most Relevant Cases  
Beck v. Montgomery 7 Howard 39, High Court of Errors and Appeals of Mississippi (January 01, 1843) 1843 A. by will devised slaves to B. upon condition that a given sum of money should be paid annually to children designated in the will, and a certain amount on their arriving at majority. B. having accepted the devise, it was held to be an estate upon a condition subsequent; and that, inasmuch as the will did not direct security to be given, the... Most Relevant Cases  
Bibb v. Jones 7 Howard 397, High Court of Errors and Appeals of Mississippi (January 01, 1843) 1843 Where an execution was returned, levied this and other fi. fas. on six slaves to make the sheriff's fees, it was held not to create a presumption of satisfaction. It seems that a levy creates only a presumption of satisfaction, which may be explained by proof, that actual satisfaction was not received. A junior judgment creditor is... Most Relevant Cases  
Brent v. Peyton 40 Va. 604, Supreme Court of Appeals of Virginia (February 01, 1843) 1843 (Absent Cabell, P. and Brooke, J.) A feme sole owning slaves made a bill of sale of them for 500 dollars, took from the purchaser his bond for that sum, and on the same day made her will releasing the bond. She died soon afterwards, and her will was offered for probat to the county court of Nelson, and the case continued until the next term. Before... Most Relevant Cases  
Brien v. Williamson 7 Howard 14, High Court of Errors and Appeals of Mississippi (January 01, 1843) 1843 Contracts for the purchase of slaves introduced into this state as merchandise, or for sale, since the first day of May, 1833, are void, 1. because the provision of the constitution of this state in relation to slaves so introduced is per se a prohibition of such a traffic; 2. If the provision of the constitution is not of itself a prohibition,... Most Relevant Cases  
Bronston v. Robinson 4 B.Mon. 142, Court of Appeals of Kentucky (October 06, 1843) 1843 Execution. Sale of mortgaged property. Parties. APPEAL FROM THE MADISON CIRCUIT. The case stated THIS was a motion to quash a sale under execution, on the ground, among others, that the slave which was sold, was not legally vendible under the execution; and the Court having quashed the sale, the only question which need be considered in reviving... Most Relevant Cases  
Brown v. Burrus 8 Mo. 26, Supreme Court of Missouri (July 01, 1843) 1843 This was an action of trespass, commenced by the appellee, against Bennett C. Brown, the appellant, Nathaniel Ford, and Robert Brown, for seizing and taking away a negro girl slave, named Nancy. The defendants pleaded not guilty, and on the trial Nathaniel Ford and Robert Brown obtained a verdict, and the appellant, Bennett C. Brown, was found... Most Relevant Cases  
Brown v. Caldwell 17 S.C.Eq. 322, Court of Appeals of Equity of South Carolina (December 01, 1843) 1843 1. Testator, in the first clause of his will, directed that the whole of his estate should be kept together for twelve months, and that the proceeds be applied to the payment of his debts. In the second clause he bequeathed as follows: I devise that at the expiration of the abovementioned time, my wife shall have one negro man named Jim, and wife... Most Relevant Cases  
Brown v. Robertson 1 Hay. & Haz. 134, Circuit Court, District of Columbia (April 07, 1843) 1843 At law. This is an action of trespass vi et armis for assault and battery and alleged imprisonment and detention, brought by the plaintiff [Charles H. Brown], a free negro, against the defendant [Robert B. Robertson], a police officer of the city of Washington, for arresting and imprisoning the plaintiff in the watch-house for being out after ten... Most Relevant Cases  
Bryan v. Philpot 3 Ired. 467, Supreme Court of North Carolina (June 01, 1843) 1843 Where a negro, belonging to A., was sold by B., at the request of A's. wife, in the life-time of her husband, and the price received by B., and after A's. death B. gave his promissory note to the wife for the amount he had so received, held that there was no consideration for the note, as the money belonged to A's. representatives. Appeal from the... Most Relevant Cases  
Caldwell v. Harris 23 Tenn. 24, Supreme Court of Tennessee (April 01, 1843) 1843 Caldwell sued Harris for the balance of an account against his testator for the hire of negroes. Harris offered as a set-off an account for the rent of 18 1/2 acres of land at $1.25 per acre, which Caldwell had rented from him as administrator of McCollum, and had enjoyed. It was objected that the administrator had no power to rent the land of his... Most Relevant Cases  
Cason v. White 8 Mo. 216, Supreme Court of Missouri (July 01, 1843) 1843 This was an action of trover, brought by plaintiff, to recover the possession of certain slaves, mentioned in the declaration. Upon the trial, the defendant offered in evidence a deed from one Elijah Partlow, purporting to convey certain slaves to Mary E. White, his daughter, and wife of the defendant; and also certain other slaves to two other... Most Relevant Cases  
Cassedy v. Williams 1 Hay. & Haz. 151, Circuit Court, District of Columbia (August 28, 1843) 1843 At Law. The defendant [William H. Williams] purchased, on the 9th of October, 1840, a negro boy, of the plaintiff [William H. Cassedy], at Leesburg, Va., for $600, and paid for the boy the amount in Millington money. A few days after the sale the Millington Bank failed, and its paper became utterly worthless. The plaintiff sued for the amount. Most Relevant Cases  
Chambers v. People 4 Scam. 351, Supreme Court of Illinois (December 01, 1843) 1843 The plaintiff was indicted for unlawfully and willfully harboring a negro woman named Sarah, she then and there being a slave, and owing service to one Andrew Borders, he then and there being a resident of Randolph county. The second count charged him with unlawfully and willfully harboring a negro woman named Sarah, she then being an indentured... Most Relevant Cases  
Chancellor v. Wiggins 4 B.Mon. 201, Court of Appeals of Kentucky (October 12, 1843) 1843 Warranty. Sale of chattles. Limitation. ERROR TO THE FLEMING CIRCUIT. Case stated. THIS action of assumpsit was brought upon the implied warranty of title in the sale of two negroes as slaves, who afterwards recovered their freedom. The declaration in the first count, alleges the promise to be, that the defendant had good title to, and lawful right... Most Relevant Cases  
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