TitleCitationYearSummaryMost RelevantTypeStatus
Moore's Ex'r v. Green's Adm'r 3 B.Mon. 407, Court of Appeals of Kentucky (May 10, 1843) 1843 UPON a careful scrutiny of the pleadings and evidence in this case, we are of opinion that there is no ground for any decree in favor of the complainant, and that the bill should have been dismissed. There is no doubt that some agency was committed to H. C. Moore, in regard to the two negro boys of the complainant, in 1823, when the complainant... Most Relevant Cases  
Morton v. Walker 7 Howard 554, High Court of Errors and Appeals of Mississippi (January 01, 1843) 1843 Uncurrent bank notes will not discharge an execution when the sheriff and the defendant have notice that their reception is objected to by the plaintiff in the judgment. When the sheriff is commanded to make money, he does not comply with his precept by taking depreciated bank notes. Where the sheriff levied on slaves, and afterwards permitted the... Most Relevant Cases  
Moss v. Davidson 1 Smedes & M. 112, High Court of Errors and Appeals of Mississippi (July 01, 1843) 1843 Amendments should be freely and liberally allowed to the very moment of trial. QuereShould the rule be extended beyond this limit? A complainant, who purchased property, received a conveyance, and has taken and enjoyed undisturbed possession, must, in his bill, show clearly the defect of title, or fraud which he alleges to exist, before a... Most Relevant Cases  
Munn v. Perkins 1 Smedes & M. 412, High Court of Errors and Appeals of Mississippi (July 01, 1843) 1843 Where there have been three concurring verdicts in favor of the plaintiffs, it would savor of rashness were this court to interfere and set the verdict last given aside. In an action upon a warranty of soundness of a slave, where the only proof of unsoundness was, that the defendant when told of the unsoundness, and requested to take the negro... Most Relevant Cases  
Murphy v. Clark 1 Smedes & M. 221, High Court of Errors and Appeals of Mississippi (July 01, 1843) 1843 From the peculiar character of slave property, a bill in chancery will lie to recover them in specie. A bill framed with a twofold aspect, either to procure a specific delivery of property, or to enforce a supposed lien upon it, is not demurrable for multifariousness. An administrator sells property of his intestate, at private sale, and takes... Most Relevant Cases  
Parks v. Richardson 4 B.Mon. 276, Court of Appeals of Kentucky (September 23, 1843) 1843 Presumptions. Evidence. ERROR TO THE LOUISVILLE CHANCERY COURT. UPON a careful examination of the evidence in this record, we are pretty well satisfied that the slave in contest is the slave of Nevels, that he ran away from him, and is subject to the complainant, Jones', demand. Though the evidence of McLean is awkwardly given, it clearly imports... Most Relevant Cases  
Peck v. Webber 7 Howard 658, High Court of Errors and Appeals of Mississippi (January 01, 1843) 1843 An agreement to convey a slave upon a certain contingency, does not rest such an interest as will enable the party with whom the contract is made to maintain detinue against a bona fide purchaser without notice. An attachment creates a lien, which will be notice to subsequent purchasers. Most Relevant Cases  
Penny v. Davis 3 B.Mon. 313, Court of Appeals of Kentucky (April 22, 1843) 1843 The case stated DAVIS brought an action of detinue for a female slave, against Penny, and recovered a judgment. A motion for a new trial was overruled, and the testimony and law of the case, as ruled by the Court upon the trial, were spread upon the record, by bills of exception, and upon the appeal of Penny the case is now before this Court. In... Most Relevant Cases  
Planters' Bank v. Henderson 23 Tenn. 75, Supreme Court of Tennessee (April 01, 1843) 1843 This is a bill filed to subject the interest of the defendant Henderson in certain negroes, to the satisfaction of a judgment obtained by the complainant against him. The facts are as follows: The complainant obtained judgment against the defendant Pleasant Henderson, and others, in the Fayette circuit court, at the May term, 1841, for $2,654 and... Most Relevant Cases  
Rainsford v. Rainsford 17 S.C.Eq. 385, Court of Appeals of Equity of South Carolina (December 01, 1843) 1843 1. Testator bequeathed to his grand-daughters, E and M, an absolute and unconditional property in certain slaves, by name; and in subsequent clauses, gave the bulk of his remaining property to trustees, for the use of his son, T. R, for and during the term of his natural life, and after his death, in trust for the child or children of the... Most Relevant Cases  
Redheimer v. Pyron 17 S.C.Eq. 134, Court of Appeals of Equity of South Carolina (May 01, 1843) 1843 1. C. S. and wife, by deed of the 8th October, 1829, in consideration of natural love and affection for their children, bargained and sold to one P. R., amongst other things, certain slaves with the future issue and increase of the females, in trust, that C. S. and wife, and the survivor of them, should have and use the slaves for life; and after... Most Relevant Cases  
Roberts v. Maddox 5 Ark. 189, Supreme Court of Arkansas (July 01, 1843) 1843 Where an infant sues by guardian upon a contract made by defendant with the infant for the hire of a slave, the breach must allege non-payment to the guardian. He is the only person legally authorized to receive payment. This was an action of assumpsit, determined in the Van Buren Circuit Court in May, 1843, before the Hon. Thos. Johnson, one of... Most Relevant Cases  
Rogers v. Randall 29 S.C.L. 38, Court of Appeals of Law of South Carolina (December 01, 1843) 1843 1. Testator died leaving three sons, John, William and James, and one daughter. By his will, he gave legacies to each of his other children, and to William, ten negroes, including all their future increase, to him and his heirs forever. In a succeeding clause, he declares, It is my will and desire, that if any of my said four children should... Most Relevant Cases  
Second Municipality of City of New Orleans v. Commercial Bank of City of New Orleans 5 Rob. (LA) 151, Supreme Court of Louisiana (June 01, 1843) 1843 Appeal from the Commercial Court of New Orleans, Watts, J. This was an action by the Second Muncipality of New Orleans, to recover taxes due on certain slaves and other real property owned by the Bank. The defendants claimed to be exempt from any liability under the thirty-seventh section of their charters, which delares: That the capital of the... Most Relevant Cases  
Skinner v. Skinner 4 Ired. 175, Supreme Court of North Carolina (December 01, 1843) 1843 Where a father puts his son in possession of a plantation and slaves, and permits him for three years to appropriate the crops to his own use, the crop of the fourth year, as well as the preceding ones, are to be considered as gifts from the father to the son and liable to the claims of the son's creditors. A sale of a crop of corn in a field, by a... Most Relevant Cases  
Sloan v. Williford 3 Ired. 307, Supreme Court of North Carolina (June 01, 1843) 1843 A notice to take a deposition on Sunday is not good, and a deposition taken on such notice must be rejected. In an action for a breach on a warranty that a slave is of sound mind, it is not necessary for the plaintiff to shew that the slave was an idiot or a lunatic at the time of the warranty. It is sufficient to shew that he had... Most Relevant Cases  
Smith v. Pollard 4 B.Mon. 66, Court of Appeals of Kentucky (September 18, 1843) 1843 The case stated. POLLARD recovered a judgment in an action of detinue, against Mary Smith, the plaintiff in error, for a slave by the name of Pharaoh or Faro, and $280 in damages, for his detention; and to reverse that judgment this writ of error is prosecuted. The error mainly relied upon is, that the Court below ruled the law upon the trial... Most Relevant Cases  
Smith v. Smith 3 B.Mon. 295, Court of Appeals of Kentucky (April 12, 1843) 1843 The case stated THIS was an action of replevin, brought by the plaintiff in error against the defendants, for a slave. The defendants made avowry and justified the taking under an execution against Bartholomew Smith, and in favor of James H. Cunningham, and which they averred had been levied by the defendant, Smith, as a deputy Sheriff, upon the... Most Relevant Cases  
Spencer v. Ford 40 Va. 648, Supreme Court of Appeals of Virginia (March 01, 1843) 1843 (Absent Brooke and Allen, J.) On the 25th of August 1827, a deed of trust was made to four trustees of the second part, for the benefit of certain cestuis que trust of the third part, conveying land, slaves and personal property, and also a growing crop of tobacco and corn, subject to such disposition as the trustees might find it necessary to make... Most Relevant Cases  
State ex rel. Morgan v. Court of Common Pleas of Brown County 1 West.L.J. 163, Supreme Court of Ohio, Brown County (March 01, 1843) 1843 Whether a negro, who has been regularly ordained as a minister, is entitled, unde?? the law of Ohio, to a license to solemnize marriage, quære. At the term of 1842, the relator made application for a mandamus directed to the common pleas of this county, commanding them to issue to him a license to solemnize marriages. He produced credentials from... Most Relevant Cases  
State v. Brown 29 S.C.L. 129, Court of Appeals of Law of South Carolina (December 01, 1843) 1843 1. The statute of 1754, (7 Stat. 426,) is not repealed by the statute of 1821, (7 Stat. 460,) as to the offence of aiding a slave in running away and departing from his master's service. The two statutes relate to distinct matters; the first punishes for aid and assistance rendered the slave, in the act of running away and departing from the... Most Relevant Cases  
State v. Hill 29 S.C.L. 150, Court of Appeals of Law of South Carolina (December 01, 1843) 1843 1. A false imprisonment, as well as an assault and battery of a free negro, is an indictable offence at common law, and these offences are not affected by the Act of 1837, (6 Stat. at Large, 674,) which creates a new offence, the abduction of a free negro, with an intent to deprive him or her of liberty. 2. Free negroes have all the rights of... Most Relevant Cases  
State v. Isaacs 28 S.C.L. 223, Court of Appeals of Law of South Carolina (May 01, 1843) 1843 1. Where I. sold a horse to a slave belonging to the estate of H., without a written permit, but in the presence and with the assent of an overseer of the estate, whose agency extended no further than to see that the stock of the plantation were properly taken care of, and to give the negroes passes when necessary, it was held that such presence... Most Relevant Cases  
State v. Love 23 Tenn. 255, Supreme Court of Tennessee (December 01, 1843) 1843 This is a presentment against defendant, at the June term, 1842, of the Maury Circuit Court, for permitting his slave Sampson to retail and trade in spirituous liquors, contrary to the form of the statute in such cases made and provided. This presentment is in due form signed by all the members of the grand jury. To this defendant pleaded in... Most Relevant Cases  
State v. Watkins 23 Tenn. 256, Supreme Court of Tennessee (December 01, 1843) 1843 This is an indictment against the defendant in error for forcibly taking and carrying away out of the field and possession of one Beverly B. Loon a negro slave, Allen, the property of said Loon. The circuit judge quashed the bill of indictment upon the ground that no indictable offence was charged; and the question for our consideration is whether... Most Relevant Cases  
State v. Watters 3 Ired. 455, Supreme Court of North Carolina (June 01, 1843) 1843 If the evidence had been heard, it could have availed nothing; and for that reason the verdict should not be disturbed. The oath of the prosecutor was, on the former trial, that the grand-father and grand-mother of the defendant were coal black negroes. In that we must understand him to mean the reputed grand-father, as no marriage is stated. Now,... Most Relevant Cases  
State, to the Use of Lister v. Skinner 4 Ired. 57, Supreme Court of North Carolina (December 01, 1843) 1843 Charles Wooton, the testator, died in the year 1825, after making his will, which contained the clause mentioned in the case agreed. Did that clause give to Joshua Wooton, the son of the testator, the absolute and entire estate in the negroes mentioned therein? There can be no doubt, that the words in the clause would create an estate tail in lands... Most Relevant Cases  
Stillman v. Hamer 7 Howard 421, High Court of Errors and Appeals of Mississippi (January 01, 1843) 1843 Whatever is annexed to the freehold becomes a part of it. When the owner of the soil gives his consent to the erection of a building, the same may be removed. If one erect buildings upon the land of another, without any contract, he cannot remove them. Most Relevant Cases  
Stultz v. Kiser 2 Ired.Eq. 538, Supreme Court of North Carolina (June 01, 1843) 1843 The testator, Casper Stultz, made his will on the 1st day of April 1840, and amongst others, he therein made the following gifts: To my wife I give a negro woman, Violet, and if said negro woman should have any increase, and my wife thinks proper to have her sold, she is to have the interest of the money said negro brings, to apply to whatever use... Most Relevant Cases  
Suber v. Vanlew 29 S.C.L. 126, Court of Appeals of Law of South Carolina (December 01, 1843) 1843 1. Where an overseer employed for the entire year, left his employer's service before its expiration, for no other reason, as he said, than because a negro woman of the plantation, in the absence of his wife, had informed the lady of his employer, that he (the overseer) was too familiar with some negro woman of the place and that she (the... Most Relevant Cases  
Suzett v. Buckels 7 Howard 663, High Court of Errors and Appeals of Mississippi (January 01, 1843) 1843 In an action on the case for enticing away and harboring a slave, when one witness described the slave, the court held, that it was competent to ask another witness if he had seen a slave on the defendant's plantation answering to the description. Identity may be proved either by positive or circumstantial testimony. Most Relevant Cases  
Tavenner v. Robinson 41 Va. 280, Supreme Court of Appeals of Virginia (August 01, 1843) 1843 (Absent Cabell, P. and Brooke, J.) A slave conveyed by a deed of trust is sold, in the absence of the trustee, by the debtor with the concurrence of the trust creditor, to another creditor not secured by the deed, for a consideration compounded of the balance remaining due upon the trust, other debts claimed by the trust creditor, and a debt due to... Most Relevant Cases  
Thomas v. Kennedy 4 B.Mon. 235, Court of Appeals of Kentucky (October 20, 1843) 1843 Reversion. Husband and wife. Settlement. Equity. ERROR TO THE MADISON CIRCUIT. UPON the petition of a part of the heirs of William Hume, deceased, and Joseph Kennedy, who claimed by purchase from her husband, the interest of Nancy Thomas, one of the heirs of the deceased, the Circuit Court of Madison decreed that two slaves which had been allotted... Most Relevant Cases  
Timmons v. Garrison 23 Tenn. 148, Supreme Court of Tennessee (July 01, 1843) 1843 This is an attachment bill filed by the complainant against the defendant, a resident citizen of the State of Georgia, under the provisions of the act of 1836, ch. 43. The attachment sued out was levied in the State of Tennessee, upon a negro man, the property of the defendant, Garrison, who pleaded in abatement that the negro had been decoyed out... Most Relevant Cases  
Torbet's Heirs v. McReynolds 23 Tenn. 215, Supreme Court of Tennessee (July 01, 1843) 1843 This bill was filed for a general account of the administration of James Torbet, deceased, but in its progress became narrowed down to a claim for the value of the hire of a negro girl slave, named Cynthia, from 1828, the time of the death of James Torbet, till 1840, the time of the death of one Margaret Hall, upon whose death the negro became, by... Most Relevant Cases  
Tuley v. Mauzey 4 B.Mon. 5, Court of Appeals of Kentucky (September 07, 1843) 1843 Replevin. Pleas and pleading. ERROR TO THE JEFFERSON CIRCUIT. The case stated. IN this action of replevin, brought by Enos Tuley against Mauzey and two others, for a slave, George Mauzey pleaded that the slave was the property of Priscilla Tuley and others, the widow and heirs of C. M. Tuley, deceased, and that he held possession of him on hire... Most Relevant Cases  
Walker v. McNeils Dallam 541, Supreme Court of the Republic of Texas (June 01, 1843) 1843 D. R. and E. B. Walker filed their petition, addressed to the equity side of the court, against L. H. and J. G. McNeil and R. M. Calder, alleging that without consideration and by unlawful duress, they were coerced into the conveyance of certain lands and slaves to the defendants, as trustees for the use and benefit of Caroline E. Walker, wife of... Most Relevant Cases  
Walker v. Reed 4 Ired. 152, Supreme Court of North Carolina (December 01, 1843) 1843 This is an action of detinue, brought to recover two negro boys, the children of the slave Peg. The plaintiff by the deed mentioned in the case, conveyed Peg and her two children (the boys now sued for) to his sister Anny Reed, with the assent of her husband, Hugh Reed. She was to hold them in the same manner, that she had held the slave Burnett... Most Relevant Cases  
Welch v. Kinard 17 S.C.Eq. 256, Court of Appeals of Equity of South Carolina (December 01, 1843) 1843 1. J. P. K. made a paper writing as follows: Know all men by these presents, that I, J. P. K. for the love and affection which I do bear to J. K. W., son of Catharine Wedeman, formerly Catharine Welch, after my death, to him and his bodily heirs, four negroes, with their future increase, (naming them,) but in case he should die without bodily... Most Relevant Cases  
White v. Floyd 17 S.C.Eq. 351, Court of Appeals of Equity of South Carolina (December 01, 1843) 1843 1. Bill filed by the son and only heir of an intestate, against his administrator, for an acceunt of his estate, and for an injunction to restrain the enforcement of a judgment obtained by the administrator, against the complainant, the judgment being founded on an action of trover, for the conversion of a negro, and commenced by a foreign... Most Relevant Cases  
Willard v. People 4 Scam. 461, Supreme Court of Illinois (December 01, 1843) 1843 The indictment charged that Willard unlawfully did secrete one Julia, by name, being a mulatto girl, and person of color, and who was a slave owing service, as such, to Sarah W. Liles, in the state of Kentucky, under and by virtue of the laws of said state, and in the state of Louisiana in and by virtue of the the laws thereof, in which latter... Most Relevant Cases  
Williams v. Ash 42 U.S. 1, Supreme Court of the United States (January 01, 1843) 1843 Mrs. T. Greenfield, of Prince George's county, Maryland, bequeathed to her nephew, Gerard T. Greenfield, certain slaves, with a proviso in her will, that he shall not carry them out of the state of Maryland, or sell them to any one; in either of which events, I will and desire the said negroes shall be free for life. After the decease... Most Relevant Cases  
Williams v. Manuel 40 Va. 639, Supreme Court of Appeals of Virginia (March 01, 1843) 1843 (Absent Brooke and Allen, J.) A testatrix domiciled in the district of Columbia bequeaths a negro to a legatee, to serve him 27 years, and then be free. The legatee sells the negro for that period, and takes from the purchaser a bond conditioned that he will not sell the negro for a longer time. The negro is brought into Virginia by the purchaser,... Most Relevant Cases  
Williamson v. Canaday 3 Ired. 349, Supreme Court of North Carolina (June 01, 1843) 1843 The principal is bound by a warranty made by his agent in the sale of a chattel. Where in an action for a breach of a warranty, that a slave was sound at the time of his sale by the defendant to the plaintiff, it appeared that he had taken the infection of the small pox, of which disease he soon afterwards died--Held that it was not error in the... Most Relevant Cases  
Wilson v. Cockrill 8 Mo. 1, Supreme Court of Missouri (July 01, 1843) 1843 The record presents two general questions for the consideration of this court: First. Did the grantor intend that the appellant, William Wilson, should take any, and if so, what interest in the slaves, in the event that has happened? Second. Do the rules of law prohibit such an interest as was contemplated by the grantor, from being created in... Most Relevant Cases  
Wilson v. Pyron 28 S.C.L. 339, Court of Appeals of Law of South Carolina (May 01, 1843) 1843 1. Trover for a slave. C. S., in 1829, by a post-nuptial conveyance conveyed the slave in dispute, with others, to one R., in trust, to permit C. S. and wife, to receive the interest and emoluments arising from the property during their joint lives, and the life of the survivor, and from and immediately after the death of the survivor, then in... Most Relevant Cases  
Yerger v. Rains 23 Tenn. 259, Supreme Court of Tennessee (December 01, 1843) 1843 This is an action of trover brought by the plaintiff, a citizen of the State of Mississippi, against the defendant, the sheriff of Davidson county, in the State of Tennessee, to recover the value of two slaves. Upon the trial it appeared in evidence, and by the agreement of the parties, that the slaves in question were the property of Yerger in the... Most Relevant Cases  
Young v. Warne 41 Va. 420, Supreme Court of Appeals of Virginia (October 01, 1843) 1843 The evidence on which the instruction was moved utterly fails to shew any contract of the defendant, express or implied, prior or subsequent to the rendition of the services and the furnishing the supplies to the ward, on which the claim of the plaintiffs is founded. On the contrary, it shews that if there was any contract for those services and... Most Relevant Cases  
Young's Adm'r v. Small 4 B.Mon. 220, Court of Appeals of Kentucky (October 14, 1843) 1843 Case stated. IN 1826, Thomas Young, being the owner of a female slave, Fan or Fanny, placed her in possession of his niece, wife of John Morris, and executed to Morris a writing, the exact tenor of which is not certain, but which conveyed at least a right to the possession and services of the girl for two years, or until she should be twenty-one... Most Relevant Cases  
Adams v. Roberts 43 U.S. 486, Supreme Court of the United States (January 01, 1844) 1844 THIS case was brought up by writ of error, from the United States Circuit Court of the District of Columbia for the county of Alexandria. Julia Roberts, a colored woman, sued in the Circuit Court for her freedom under the following circumstances. Anterior to the cession to the United States of that portion of Virginia which is now comprehended... Most Relevant Cases  
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