TitleCitationYearSummaryMost RelevantTypeStatus
Allison v. Bowles 8 Mo. 346, Supreme Court of Missouri (January 01, 1844) 1844 This was an action of trover brought by the defendant in error, Paul C. Bowles, to recover the value of a negro girl, alleged to have been converted by the defendant to his use. On the trial the plaintiff produced a deed of trust from Stephen Bowles, of Amherst county, Virginia, granting to him the slave in controversy, in trust for the daughter of... Most Relevant Cases  
Baker v. Barfield 23 Tenn. 514, Supreme Court of Tennessee (April 01, 1844) 1844 The bill charges that defendant, Barfield, purchased of complainant a negro, and gave in part payment a note on Hamilton & Caldwell; that, by the terms of the contract, defendant was to be absolutely responsible for the payment of the note in case of the failure of the drawers to pay it; and that they had so failed, and were insolvent, but that the... Most Relevant Cases  
Bank of State of South Carolina v. Gourdin 17 S.C.Eq. 439, Court of Appeals of Equity of South Carolina (January 01, 1844) 1844 1. Defendant, I. E. H. sold and conveyed, on the 1st March, 1838, to P. G. an undivided moiety of a plantation and slaves employed thereon, for which the latter paid, in cash $10,000, in part, executing for the residue seven several bonds, and a mortgage of the property. I. E. H. being indebted to the Bank of the State of South Carolina, in June,... Most Relevant Cases  
Barham v. Massey 5 Ired. 192, Supreme Court of North Carolina (December 01, 1844) 1844 An execution, under which an officer takes actual possession of the personal property levied on, has precedence over one previously levied on the same property, but under which no actual possession has been taken and retained by the officer levying it. Where a slave belonged to one for life, and to another in remainder, and an execution was against... Most Relevant Cases  
Barker v. Wheelip 24 Tenn. 329, Supreme Court of Tennessee (December 01, 1844) 1844 The question for consideration arises upon the construction of a deed of trust. C. M. Barker, on the 12th day of February, 1824, conveyed certain property, consisting of negroes, horses, mules, hogs, cattle, in trust, to secure the payment of debts due by him to the plaintiff. Four of the horses which are claimed to be thus conveyed were afterwards... Most Relevant Cases  
Beatty v. Smith 2 Smedes & M. 567, High Court of Errors and Appeals of Mississippi (January 01, 1844) 1844 A court of chancery will not interfere to prevent a sale of personal property, unless it be of some peculiar character, as slaves, or have some particular value, by reason of which damages might not afford an adequate compensation for its loss; the remedy is at law. The proceeds of the separate property of the wife held under the married woman's... Most Relevant Cases  
Belew v. Clark 23 Tenn. 506, Supreme Court of Tennessee (April 01, 1844) 1844 This is a bill filed to rescind a contract for the sale of a negro girl, slave, sold by the defendant to the complainant, upon the alleged ground of a fraudulent warranty of soundness on the part of the vendor. It appears that the negro sold was a girl about six years old; that the contract was made on the 22d day of April, 1839, and a bill of sale... Most Relevant Cases  
Benton v. Pope 24 Tenn. 392, Supreme Court of Tennessee (December 01, 1844) 1844 This is an action of trover, brought by the defendants in error, infants, under the age of twenty-one years, against the plaintiff in error; and their right to recover the property sued for, to wit, a negro man named Ben, depends upon the construction of the following deed of gift: Know all men by these presents that I, Wm. Pope, have this... Most Relevant Cases  
Bill v. State 24 Tenn. 155, Supreme Court of Tennessee (December 01, 1844) 1844 The prisoner, a negro slave, was indicted and convicted, in the circuit court for the county of Lincoln, of the offence of an assault, with the intent to commit a rape, upon the body of one Mary Smith, a free white woman; and prosecutes an appeal in the nature of a writ of error to this court. The fact that the offence was committed is very... Most Relevant Cases  
Bowling v. Winslow's Adm'r 5 B.Mon. 29, Court of Appeals of Kentucky (September 16, 1844) 1844 Husband and wife. Frauds. ERROR TO THE MASON CIRCUIT COURT. Case stated. NANCY H. WATERS died in 1836, leaving, among other things, several slaves. The children of James Jones, deceased, and Pamela Bowling and Elizabeth Boucher, were her heirs, and as such, entitled to the distribution of her estate, each one-third. Benjamin S. Hieatt administered... Most Relevant Cases  
Bright v. White 8 Mo. 421, Supreme Court of Missouri (January 01, 1844) 1844 Jacob Bright, and Hannah, his wife; Joseph Stapp, and Esther, his wife; John Stapp, and Nancy, his wife, and Margaret Wilson, sued John R. White in the Circuit Court of Howard county, and judgment being there given against them, they appeal to this court. The action was brought to recover damages for the conversion of two negroes, slaves for life,... Most Relevant Cases  
Briscoe v. Corri Dallam 556, Supreme Court of the Republic of Texas (June 01, 1844) 1844 The appellant, Briscoe, commenced his suit in the court below against Henry Corri (who had intermarried with Eliza Hight, widow of William Pope) and one David Y. Portis, for the recovery of a certain negro man slave commonly called Henry; and for the sum of $1,000, alleged to be due for the hire of said slave. Briscoe avers in his petition, that on... Most Relevant Cases  
Cain v. Kelly 23 Tenn. 472, Supreme Court of Tennessee (April 01, 1844) 1844 There are two counts in the declaration in this case; one in trover, and the other in case. The facts are these: The negro boy Henry, the subject of this suit, eloped from the plaintiff, his owner, in Shelby county, and gave himself up to a justice of the peace in Tipton county, and was by said justice committed to jail as a runaway slave. Cain,... Most Relevant Cases  
Carmichael v. Ray 1 Rich. 116, Court of Appeals of Law of South Carolina (December 01, 1844) 1844 Plaintiff, administrator of J. R, under letters of administration granted in South Carolina, brought trover for a conversion in North Carolina, since the death of the intestate, of three slaves. The intestate, at the time of his death, was domiciled in South Carolina, but, at that time, the slaves were not in this State, nor had they been here... Most Relevant Cases  
Caruthers v. Wilson 1 Smedes & M. 527, High Court of Errors and Appeals of Mississippi (January 01, 1844) 1844 It is no answer to the petition of a widow for dower, in her deceased husband's real estate, that she has disposed of his whole personal estate of greater value than the dower in the realty, she was seeking to obtain. A sale of the personal estate by a widow, or the removal by her of the slaves, cannot affect the rights, either of the administrator... Most Relevant Cases  
Chancellor v. Windham 1 Rich. 161, Court of Appeals of Law of South Carolina (December 01, 1844) 1844 A covenant to stand seized to uses, is an effectual mode of conveying lands in this State; and by it a freehold may be conveyed, to commence in futuro. A father, by deed duly recorded, gave, granted and released to his son, S. W. and his heirs, a tract of land with the appurtenances, at his (the father's) death, to have and to hold the same; held... Most Relevant Cases  
Chester v. Greer 24 Tenn. 26, Supreme Court of Tennessee (September 01, 1844) 1844 In the year 1817 Eliza R. Gardner, daughter of Henry Gardner, was married to Samuel G. Chester, in the State of North Carolina. In the year 1818 Henry Gardner departed this life, having previously made and published his last will and testament, by which he devised to his daughter, the said Eliza, two slaves, Sam and Maria; to another daughter,... Most Relevant Cases  
City Council of Charleston v. Cohen 29 S.C.L. 408, Court of Appeals of Law of South Carolina (January 01, 1844) 1844 1. Where an action of covenant was brought on a bill of sale executed under seal, warranting negroes sound, and there was a verdict for the plaintiff finding damages, the recovery does not rescind the sale, and revest the property in the vendor. 2. A tender of the slaves to the vendor, made before the suit was brought, was no recision of the sale,... Most Relevant Cases  
Clarke v. Robinson 5 B.Mon. 55, Court of Appeals of Kentucky (September 17, 1844) 1844 Case stated. THIS writ of error brings up for revision, a judgment rendered in favor of Robinson, the plaintiff in an action of covenant, on a warranty of soundness of a female slave, sold by Clarke to him. Our attention has been called to three questions made in the course of the trial, and we perceive no other matters in the record requiring... Most Relevant Cases  
Com. v. Smith 1 Gratt. 553, General Court of Virginia (June 01, 1844) 1844 In an indictment for selling ardent spirits to slaves, it is not necessary to state the names of the owners of the slaves to whom the liquor was sold. This was an indictment against Smith & Burwell, as partners, in the superior court of Jefferson, for selling spirits to slaves, whose names or whose owners' names were to the jurors... Most Relevant Cases  
Coombs v. Glass 5 B.Mon. 11, Court of Appeals of Kentucky (September 06, 1844) 1844 Contracts. Election. ERROR TO THE SPENCER CIRCUIT. The case stated. THE writing sued on in this case, and which was executed by both parties, states that Coombs had sold to Glass a negro woman and child for $800, on trial till the first of October next. If said Glass is not satisfied by that time, said Coombs is to return the money that is... Most Relevant Cases  
Cowan v. Tucker 5 Ired. 78, Supreme Court of North Carolina (December 01, 1844) 1844 The opinion of this court differs from that of his Honor. We think, that the only subject within the purview of the act of 1806, Rev. Stat. c. 701, is that of the gifts of slaves, and not other species of contracts respecting them, such as hiring or lending. That is shown by the title itself, which is, an act declaring what gifts of slaves shall... Most Relevant Cases  
Dawson v. Dawson 17 S.C.Eq. 475, Court of Appeals of Equity of South Carolina (January 01, 1844) 1844 1. By a codicil to his will, a testator devised to his son several tracts of land, and also bequeathed to him as follows: six negroes, to be designated by my executors, of a fair average value with my other negroes, (including in this number, two now in his possession, named Adeline and Maria,) to him and his heirs forever. 2. One at... Most Relevant Cases  
Dealy v. Lance 29 S.C.L. 487, Court of Appeals of Law of South Carolina (January 01, 1844) 1844 1. Bequest of a slave to plaintiff's intestate, assented to by the executor, but never in his actual possession. After the death of the legatee, a minor, the slave went into the possession of the guardian of plaintiff and his sisters, the distributees of the deceased minor. The guardian sold to defendant, in whose possession the property remained... Most Relevant Cases  
Denny's Ex'rs v. Williamson 4 B.Mon. 372, Court of Appeals of Kentucky (April 09, 1844) 1844 Case stated. ABOUT the 22nd of December, 1828, Denny loaned to F. Williamson $338, and at the same time received her negro boy, Tom, about 16 years of age, on the agreement to have his services for the use of the money. Under this agreement the boy was held for eight years, when Denny having advanced, or Williamson being indebted to him in the... Most Relevant Cases  
Dowell v. Boyd 3 Smedes & M. 592, High Court of Errors and Appeals of Mississippi (November 01, 1844) 1844 Upon the general allegation of conviction (of a penal offence), the intendment is, that it was as principal, the person charged was convicted. The act confiding the trial of slaves, for stealing money or goods, &c., in order to fix the liability of the master for the value of the property stolen, to Justices of the Peace, is not unconstitutional.... Most Relevant Cases  
Etheridge v. Bell 5 Ired. 87, Supreme Court of North Carolina (December 01, 1844) 1844 The authorities cited by the defendant's counsel, Burnett v. Roberts, 4 Dev. 87, and Smith v. Barham, 2 Dev. Eq. 420, clearly shew, that the plaintiff had no title to the slave after the assent of the original executor to the legacy for life, which is an assent to the legacy in remainder. The remedy for division by the tenants in common of the... Most Relevant Cases  
Farr v. Gist 1 Rich. 68, Court of Appeals of Law of South Carolina (December 01, 1844) 1844 Plaintiff purchased from defendant for a full price a negro woman, who was shortly after taken sick and died of a disease, the remote cause of which was dirt eating. Before the purchase defendant told the plaintiff that the woman was a dirt eater, and expressly refused to warrant her soundness, giving him a receipt for the purchase money, but no... Most Relevant Cases  
Fazende v. Hagan 9 Rob. (LA) 306, Supreme Court of Louisiana (December 01, 1844) 1844 Appeal from the District Court of the First District, Buchanan, J. The plaintiff sued to rescind the sale of a slave, warrented free from all redhibitory defects, on the ground that he was in the habit of running away, and had been in that habit previous to the sale. Tender of the slave was alleged, as well as the refusal of the... Most Relevant Cases  
Field v. Matson 8 Mo. 686, Supreme Court of Missouri (July 01, 1844) 1844 This was an action of assumpsit brought to the September term of the Court of Common Pleas of St. Louis county, for the year 1843, to recover the value of a slave alleged to have been lost through the negligence of the plaintiffs in error, whilst he was hired by them. Both of the defendants were served with the writ: neither of them appeared or... Most Relevant Cases  
Fishburne v. Kunhardt 29 S.C.L. 556, Court of Appeals of Law of South Carolina (January 01, 1844) 1844 1. Where a mortgage of slaves was executed in Alabama, the situs of the property and the domicil of the mortgagor being in South Carolina, the mortgage is to be governed by the laws of the latter State, and the title of the mortgagee will not be affected, because the mortgage was not recorded in Alabama conformably to the registry laws of that... Most Relevant Cases  
Garland v. Rowan 2 Smedes & M. 617, High Court of Errors and Appeals of Mississippi (January 01, 1844) 1844 It is well settled, that in the distribution of the personal estate of deceased persons the law of the domicil of the decedent is to regulate. The widow is entitled to be endowed of the personal estate of her deceased husband, according to the law of the place, of the domicil of the husband. Slaves, like other personalty are distributed and widows... Most Relevant Cases  
Gookin v. Graham 24 Tenn. 480, Supreme Court of Tennessee (December 01, 1844) 1844 The question presented for the consideration of the court in this case arises out of a conflct of title to a negro girl slave, Betsy, between James Irwin and John B. Boggs, partners in trade, under the style of Irwin & Boggs; Allen T. Scruggs, George M. Savage, and R. D. Ray, partners in trade, under the style of Scruggs, Savage & Co.; and Tate &... Most Relevant Cases  
Gordon v. Blackman 1 Rich.Eq. 61, Court of Appeals of Equity of South Carolina (December 01, 1844) 1844 Testator, who died in '39, directed his executors to hire out his slaves, until a sufficient sum should be raised from their hire to pay his debts, then to make application to the Legislature for an Act emancipating said slaves, and if they should fail to procure such an Act, then to convey them to the nearest non-slaveholding State, or to Liberia.... Most Relevant Cases  
Gordon v. Holland 3 Ired.Eq. 362, Supreme Court of North Carolina (December 01, 1844) 1844 George Gordon, in the year 1839, made his will, and in it among other things is this clause, I loan to my daughter Sarah and to her husband Joel K. Holland, during their natural lives, one-fourth part of my negroes; and then I give them, to the lawful heirs of Sarah. And in case she dies, leaving no issue, I give them to my children, George,... Most Relevant Cases  
Graham v. Strader 5 B.Mon. 173, Court of Appeals of Kentucky (October 14, 1844) 1844 Slaves, removal of. Steamboats, owners and masters. ERROR TO THE LOUISVILLE CHANCERY COURT. Case as stated it the bill. GRAHAM filed his bill in the Louisville Chancery Court, attaching the steamboat Pike, and making the owners, Strader & Gorman, parties, under the acts of 1824 and 1828, to recover damages for the unauthorized transportation of his... Most Relevant Cases  
Gray v. Saffold's Adm'rs 5 Ark. 637, Supreme Court of Arkansas (July 01, 1844) 1844 The main question in this case is whether an administrator of an intestate can maintain an action for the recovery of slaves against the heir. It is certain he cannot, as a general principle; and so it has been determined in Hill's administrators v. Mitchell, 5 Ark. 608. The law casts the descent of slaves upon the heir. Under certain circumstances... Most Relevant Cases  
Greenwade v. Fisher 5 B.Mon. 167, Court of Appeals of Kentucky (October 14, 1844) 1844 The case stated GREENWADE executed bond, and sued out a writ of replevin for three slaves, under the statute of 1840, (3 Stat. Law, 502.) No return seems to have been made upon the writ. At the April term, to which the writ was made returnable, after a declaration had been filed, the defendant, by his counsel, moved the Court to quash the writ,... Most Relevant Cases  
Griffith's Adm'r v. Griffith 5 B.Mon. 113, Court of Appeals of Kentucky (October 03, 1844) 1844 Husband and Wife. Trusts and Trustee. APPEAL FROM THE LEWIS CIRCUIT. The case stated THIS bill was filed by Matilda Griffith, widow of Harvey Griffith, to obtain from the administrator, the possession of a female slave, Harriet, alleged to have been conveyed by the father of the complainant, for her sole and separate use, and which the... Most Relevant Cases  
Guyther v. Taylor 3 Ired.Eq. 323, Supreme Court of North Carolina (December 01, 1844) 1844 The rights of the parties depend upon the question, whether the gift of the negroes was contingent. If the will gives a vested interest, then each of the four childen was entitled to a share, and the shares of those dying before Kinchen came of age, were transmissible to their representatives. It is insisted, that this was a contingent gift,... Most Relevant Cases  
Hackley's Ex'rs v. Swigert 5 B.Mon. 86, Court of Appeals of Kentucky (September 21, 1844) 1844 Assumpsit. Attachment lien. Pendente lite purchase. ERROR TO THE ANDERSON CIRCUIT. Case stated. AN attachment was sued out on a bill filed by Lillard against James S. Hackley, as a fraudulent debtor, and levied on a slave by the name of Jourden, and some other estate. The suit was afterwards consolidated with other bills and cross bills filed by... Most Relevant Cases  
Hanson v. Cox 1 Hay. & Haz. 167, Circuit Court, District of Columbia (February 19, 1844) 1844 This action was brought [by Andrew Hanson] against the defendant [Mary Ann Cox] as administratrix of William Cox, deceased, for the board, maintenance and clothing of a female child, the slave of the said William Cox, in the sum of $500. Most Relevant Cases  
Hardy v. Smith 3 Smedes & M. 316, High Court of Errors and Appeals of Mississippi (November 01, 1844) 1844 A writ of habeas corpus to recover the possession of a slave, cannot be maintained, if the party against whom the writ issues, had in good faith parted with the possession of the slave previous to its issuance or service. The affidavits made to obtain a writ of habeas corpus, cannot be regarded as evidence upon the hearing. Most Relevant Cases  
Harris v. Delamar 3 Ired.Eq. 219, Supreme Court of North Carolina (June 01, 1844) 1844 There could hardly be a more useless litigation than the present, since, by the deed, as the bill would set it up, and by the will, the plaintiffs get nearly the same thing: the only difference being, that the profits for a period are devoted to the education of the two younger of them, and then the negroes and their increase to be equally divided... Most Relevant Cases  
Herron v. Marshall 24 Tenn. 443, Supreme Court of Tennessee (December 01, 1844) 1844 This is a bill, on the part of complainants, to recover from the defendants a negro man named Michael. The following statement of facts shows the ground upon which the conflicting rights of the claimants rest: On the 8th day of October, 1827, the will of Robert Parrish was duly proved in the county court of Williamson county, State of Tennessee,... Most Relevant Cases  
Hill's Adm'rs v. Mitchell 5 Ark. 608, Supreme Court of Arkansas (July 01, 1844) 1844 Under the revised statutes of this state a widow has her dower for life of one-third of the real estate owned by her husband at any time during coverture, whether unsold at his death or sold or alienated by him without her consent in legal form; and also for life of one-third of all slaves possessed by him at his death; and one-third of all... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Hord v. Hord 5 B.Mon. 81, Court of Appeals of Kentucky (September 19, 1844) 1844 Husband and Wife. Mortgages. Choses in Action. Settlements. APPEAL FROM THE MASON CIRCUIT. Case stated. IN 1840, Thornton Hord and Nancy his wife, executed a mortgage to Francis T. Hord, upon an undivided moiety in about one hundred acres of land, and fourteen slaves. The mortgage purports to be made to secure the payment of a debt for about six... Most Relevant Cases  
Houston v. Burney 2 Smedes & M. 583, High Court of Errors and Appeals of Mississippi (January 01, 1844) 1844 It is competent to prove a parol warranty of title and soundness of a negro, sold without a bill of sale. Where a vendor of a slave sssigns to his vendee the bill of sale, of his own vendor, containing a clause of warranty: Held, that the mere assignment, was not, of itself, evidence of warranty. Most Relevant Cases  
Howard v. Clemmons 24 Tenn. 368, Supreme Court of Tennessee (December 01, 1844) 1844 This is a bill filed by the complainants, a part of the distributees, and heirs at law of John Clemmons, deceased, against the defendants, for a distribution of certain negroes belonging to the said John Clemmons at the time of his death, and for an account of hire, etc. The decree sought is resisted on the ground that the negroes were directed to... Most Relevant Cases  
Ioor v. Hodges 17 S.C.Eq. 593, Court of Appeals of Equity of South Carolina (May 01, 1844) 1844 1. Certain slaves, by a marriage settlement, were conveyed to a trustee, in trust for the intended wife, until the marriage, then in trust, to permit the husband during the joint lives of himself and his intended wife, to have, receive, take and enjoy, all the interest, income, and profits of the slaves,... Most Relevant Cases  
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