TitleCitationYearSummaryMost RelevantTypeStatus
Jackson's Heirs v. Jackson's Adm'r 1 Gratt. 143, Supreme Court of Appeals of Virginia (September 01, 1844) 1844 (Absent Brooke and Baldwin, J.) T. J. dies in 1821, possessed of a tract of land, an improved lot, slaves, and other personal property, and debts due him; leaving a widow, and five infant children. In 1822, R. S. qualifies as his administrator. Dower in the land, and her distributable portion of the personal estate, is not assigned to the widow... Most Relevant Cases  
Jim v. State 24 Tenn. 145, Supreme Court of Tennessee (December 01, 1844) 1844 It appears, from the bill of exceptions, that Isaac, a slave, the property of William Avant, was murdered in the kitchen of William Williams, in the county of DeKalb, on Saturday night, the 14th of January, 1843. The plaintiff in error, Jim, also a slave, has been indicted and convicted for said murder, in the circuit court of DeKalb county, and... Most Relevant Cases  
Johns v. Davis' Ex'r 41 Va. 729, Supreme Court of Appeals of Virginia (March 01, 1844) 1844 (Absent Cabell, P. and Stanard, J.) Upon a bill in equity by a reversioner of slaves against the husband of tenant for life, alleging a purpose to remove one of the slaves out of the commonwealth, an injunction is awarded, and bond given by the husband with surety, conditioned to abide by and perform the final decree of the court. Upon an amended... Most Relevant Cases  
Johnson's Ex'r v. Clark 5 Ark. 321, Supreme Court of Arkansas (January 01, 1844) 1844 An instrument to the following effect, to-wit: Received of E. J. $2,950, in consideration of eight negro slaves (naming them), which I have this day sold and delivered to said E. J.; with warranty of soundness and title; concluding thus, The condition of the above obligation is such that if I. B. C., my heirs, &c., shall within... Most Relevant Cases  
Jones v. Perry 3 Ired.Eq. 200, Supreme Court of North Carolina (June 01, 1844) 1844 A testator bequeathed certain negroes to his wife for life, and made no specific disposition of them after her death. He had other negroes, and, after making several other bequests, he bequeathed as follow: All my negroes that are not given away by this my last will shall be equally divided between W. E. and M. Held that the remainder in the... Most Relevant Cases  
Key v. Griffin 1 Rich.Eq. 67, Court of Appeals of Equity of South Carolina (December 01, 1844) 1844 Testator devised and bequeathed as follows. I give, devise and bequeath to my wife and her heirs a plantation, slaves, and some other property, and also two thousand dollars, to be made of my estate, which amount is in lieu of the money due me in right of my wife, by virtue of a decree of the Court of Equity; and then bequeathed all the... Most Relevant Cases  
Lasley v. Blakeman 4 B.Mon. 539, Court of Appeals of Kentucky (June 08, 1844) 1844 Case stated. THE last will of John Robinson contains the following provision: I bequeath to my said wife, a negro woman called Cilla and her two children, Henry and America, also a negro boy called George, during her life or until the day of her marriage. After my decease I direct that America, a negro girl, and all Cilla's offspring hereafter,... Most Relevant Cases  
Lewis v. Gibson 9 Rob. (LA) 146, Supreme Court of Louisiana (October 01, 1844) 1844 Appeal from the District Court of Ouachita, Wilson, J. The defendant appealed from a judgment annulling the sale of a slave. Most Relevant Cases  
Lewis v. Gilmer 3 Smedes & M. 560, High Court of Errors and Appeals of Mississippi (November 01, 1844) 1844 McK. sold a slave to S. upon conditions, and delivered to him the possession; McK., and G. his assignee, failed to have the instrument setting forth the conditions of the sale recorded within three years from its date; held, that as to creditors of S. the absolute property in the slave must be taken to be with him and liable for his debts. Most Relevant Cases  
Macon v. State 23 Tenn. 421, Supreme Court of Tennessee (December 01, 1844) 1844 This is a presentment for permitting a slave to go about the country, under the pretext of practising medicine. It is admitted the slave, Jack, owned by the defendant below, did practise medicine extensively with the permission of his master. It is insisted, however, that he did not make a pretext of practising medicine for the accomplishment of... Most Relevant Cases  
Martin v. Poague 4 B.Mon. 524, Court of Appeals of Kentucky (May 09, 1844) 1844 Slaves. Husband and wife. Detinue. ERROR TO THE GREENUP CIRCUIT. Case stated. BY the will of T. Leftwich, who died in 1816, the share of his estate to be allotted, on the division thereof, to his daughter, Sophia Dobyn, then separated from her husband, Jonah Dobyn, was vested in trustees for the support of the said Sophia and her children, in trust... Most Relevant Cases  
Martin v. Ramsey 24 Tenn. 349, Supreme Court of Tennessee (December 01, 1844) 1844 This bill is filed to restrain the sale of a negro slave, Daniel, who, the complainant alleges, is the property of the estate of his intestate, and who has been levied on at the instance of Ramsey, by the other defendants, who are constables, by virtue of executions against Henry Kersey, by virtue of which executions said slave was taken out of... Most Relevant Cases  
McAlister v. Marberry 23 Tenn. 426, Supreme Court of Tennessee (April 01, 1844) 1844 This is an action of covenant, brought by Marberry against McAlister, on the following instrument, viz.: I will pay the above debts for Samuel and Samuel M. Robinson, for two negro boys, with interest and cost, when it was to be paid, and the boys delivered to me, this 26th January, 1843. C. McAlister. [Seal.] The defendant pleaded two pleas, to... Most Relevant Cases  
McCoy v. Rives 1 Smedes & M. 592, High Court of Errors and Appeals of Mississippi (January 01, 1844) 1844 A verdict is bad if it vary from the issue in a substantial manner, or if it find only a part of that which is in issue; and no judgment can be rendered upon it. An issue is made up to try the right of property to two slaves, Charles and Fanny; a verdict on that issue is rendered against the claimant's title to negroes, Charles and Lucyheld,... Most Relevant Cases  
McGee v. Hussey 5 Ired. 255, Supreme Court of North Carolina (December 01, 1844) 1844 Where A. conveyed negroes to B. in trust, to be kept, hired out, or otherwise disposed of, for the maintenance and support of C.--Held that C. had no such equitable interest, as was the subject of execution under the act of 1812, (Rev. Stat. ch. 45, s. 4.) The principle, well established by our courts, is, that the legal estate is not to be... Most Relevant Cases  
Miller v. Yarborough 1 Rich. 48, Court of Appeals of Law of South Carolina (December 01, 1844) 1844 Plaintiff purchased from defendant a negro boy, who was lame from a wound in the foot, for a full price, and took a bill of sale without warranty of soundness. The plaintiff was informed by the defendant of the wound, and before purchasing, got a physician to examine it, who thought that it was slight, and would soon heal. The boy died a few days... Most Relevant Cases  
Mills v. Stewart 24 Tenn. 308, Supreme Court of Tennessee (December 01, 1844) 1844 This is an action of trover and conversion brought by Patrick Stewart against John Mills. Upon the trial it appeared that the plaintiff claimed title to the property sued for, a negro named Green, by virtue of a pledge or pawn from one John Saunders, the negro having been left in his possession as security for the return of another, named Lewis,... Most Relevant Cases  
Moore v. Gwyn 4 Ired. 275, Supreme Court of North Carolina (June 01, 1844) 1844 The controversy in this case turned upon the enquiry, whether Dupree received and held the slaves, as a gift or a bailment from the plaintiff. Therefore, although the case does not set forth the particular declarations of the plaintiff, which he proposed to prove by Mrs. Dupree, we collect, that the object was to shew, that, a week or two before... Most Relevant Cases  
Morris v. Thomson 1 Rich. 65, Court of Appeals of Law of South Carolina (December 01, 1844) 1844 Demand and refusal are not evidence of the conversion of slaves where defendant has no interest in or control over them, and puts his refusal on the ground that he is not in possession. If the jury, in an action of trover, find the full value of slaves, when the plaintiff is entitled only to a life estate, a new trial will be ordered. Most Relevant Cases  
Nelson v. State 6 Ala. 394, Supreme Court of Alabama (January 01, 1844) 1844 The second section of the fifteenth chapter of the Penal Code, enacts that every slave who shall be guilty of murder, or commit an assault with an intent to kill any white person, &c. and be thereof convicted, shall suffer death. [[Clay's Dig. 472.] It is insisted, that as the prisoner has been prosecuted for the offence... Most Relevant Cases  
Noonan v. State 1 Morr.St.Cas. 212, High Court of Errors and Appeals of Mississippi (January 01, 1844) 1844 On the trial of a prisoner for selling liquor contrary to the statute, the statement of a bystander at the time of sale, that the prisoner did let the negro man have the whisky, although made in the presence of the prisoner, is not admissible testimony: the bystander should himself be introduced. The act of the legislature passed in... Most Relevant Cases  
Overby v. Harris 3 Ired.Eq. 253, Supreme Court of North Carolina (June 01, 1844) 1844 The act of 1806, Rev. Stat. c. 37, sec. 17, excludes all parol proof of the gift of a slave, of every sort, or to any purpose, in the Courts of Equity, as well as the Courts of Law. Therefore, where the plaintiff alleged that, the defendant had assured him, and also told divers other persons, that he had given, though not by deed, certain slaves to... Most Relevant Cases  
Owen's Adm'r v. Owen 24 Tenn. 352, Supreme Court of Tennessee (December 01, 1844) 1844 The complainant, Martha A. R. Owen, claims title to the slave Tom, in controversy, by virtue of a deed for said negro, executed by Robert T. Cannon, to John McNairy Thompson, for her separate use, dated 26th February, 1835, and acknowledged and registered in Bedford county, the 16th of September, 1840. The defendant, William Owen, claims the negro... Most Relevant Cases  
Paxton v. Rhea 3 Ired.Eq. 248, Supreme Court of North Carolina (June 01, 1844) 1844 The parties have taken depositions, and set down the cause for a hearing, and it now comes on to a hearing. The testimony of Robert Porter expressly establishes the agreement as stated in the bill, to wit, that Boswell and his wife were to have the slave Rose and her increase during their lives, and then the said slaves were to be the property of... Most Relevant Cases  
Penny v. Christmas 7 Rob. (LA) 481, Supreme Court of Louisiana (May 01, 1844) 1844 The last will of William Scott of South Carolina, contained the following clause, out of which the present controversy has arisen: I request and do empower my acting executor to lay out $5000, in the purchase of young and valuable negroes, for the use of my sister Sarah Weston, during her life, and after her death, said negroes to returnand... Most Relevant Cases  
Phoebe v. Boggess 1 Gratt. 129, Supreme Court of Appeals of Virginia (September 01, 1844) 1844 (Absent Cabell, P. and Brooke, J.) 1. Under the statute 1 Rev. Code, p. 433, § 53, slaves may be emancipated by a nuncupative will. 2. B. being at his own house, and in extremis, but of sound and disposing mind and memory, requests R. to write his will. R. seated at a table by the bed of B. writes the will from his dictation; and after it is... Most Relevant Cases  
Pulse v. State 24 Tenn. 108, Supreme Court of Tennessee (September 01, 1844) 1844 Elijah Pulse was indicted and convicted of the offence of selling spirituous liquors to a slave. Upon the trial it appeared that he had contracted to sell, but had not delivered, the spirits to the slave; and the question is whether such contract of sale, which is not completed by delivery, is indictable. It is contended that it is; that the... Most Relevant Cases  
Puryear v. Thompson 24 Tenn. 397, Supreme Court of Tennessee (December 01, 1844) 1844 This is an action on the case, to recover the value of a negro boy who was killed by the overseer of the plaintiff in error whilst inflicting punishment for an offence. Thompson, as guardian of some minors, hired the boy Harry to Puryear, for the year 1842. The negro was employed to work in Puryear's factory, where one Newcomb was his manager and... Most Relevant Cases  
Randolph v. Alsey 8 Mo. 656, Supreme Court of Missouri (July 01, 1844) 1844 1. The first instruction is broad; because, holding a slave to service at the salt works, near Shawneetown did not, of course, set him free. See Constitution of Illinois, art. 6, § 2. 2. The second instruction is objectionable, for the same reason as the first, and is not made applicable to the facts of the case, which show that Alsey was held... Most Relevant Cases  
Rhodes v. Bell 43 U.S. 397, Supreme Court of the United States (January 01, 1844) 1844 The District of Columbia being still governed by the laws of Virginia and Maryland, which were in force anterior to the cession, it is not lawful for an inhabitant of Washington county to purchase a slave in Alexandria county and bring him into Washington county for sale. If he does, the slave will become entitled to his freedom. THIS case was... Most Relevant Cases  
Robertson v. Campbell 8 Mo. 615, Supreme Court of Missouri (July 01, 1844) 1844 This was an action of trover, brought by the assignee, for a mortgaged slave, to recover possession of the slave from the mortgagor. The case was decided by this court at the January term, 1844, and the Circuit Court, to which the cause was remanded, has dissented from the opinion there delivered, in a spirit of candor and respect, calculated to... Most Relevant Cases  
Robinson v. Campbell 8 Mo. 365, Supreme Court of Missouri (January 01, 1844) 1844 This was an action of trover, brought by the plaintiff in error to recover the value of a negro girl named Maria. It appears from the record, that on the 14th January, 1839, the defendant executed to one Richard Morris a deed for said slave, upon consideration of $366 52 to him paid, upon condition that if the defendant should, on or before the... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Ruff v. Thomas 29 S.C.L. 601, Court of Appeals of Law of South Carolina (May 01, 1844) 1844 1. R. S. died in 1819, and at the sale of his property by his executors, several slaves were bid off by one J. T. the defendant, one of which was the woman, with her increase, now in dispute. J. T. said he had bid them off for one J. M. as his agent. J. M. sent his note to the executor, with his father's name as security, which was not regarded by... Most Relevant Cases  
Saunders v. Harris 24 Tenn. 345, Supreme Court of Tennessee (December 01, 1844) 1844 The plaintiff in error, with others, was sued by the defendants in error, in an action of detinue for negro slaves, and verdict and judgment were rendered against them; to reverse which they have prosecuted their appeal in error to this court. To this reversal, we think, they are entitled upon two grounds. 1. The court erred in receiving, as... Most Relevant Cases  
Saunders v. Richardson 2 Smedes & M. 90, High Court of Errors and Appeals of Mississippi (January 01, 1844) 1844 S. executed his notes, in payment of land and negroes, to R. S., for a certain sum, payable on a fixed day; R. S., in the deed to S. agreed to take bank paper in payment of the notes: Held, that the agreement in the deed formed no part of S.'s contract to pay; but was simply a defeasance, by strict compliance with which S. might avoid the payment... Most Relevant Cases  
Sharp v. Gray 5 B.Mon. 4, Court of Appeals of Kentucky (September 03, 1844) 1844 Case stated To an action of detinue, for a negro slave, George, brought in the common form, in the name of Sharp as Trustee vs Gray, the latter pleaded, in substance, that after he had bought the slave from one Stanly Singleton, who had purchased him at Sheriff's sale, under an execution against _ Douglas, under whom the plaintiff claimed, and... Most Relevant Cases  
Shattuck v. Young 2 Smedes & M. 30, High Court of Errors and Appeals of Mississippi (January 01, 1844) 1844 B. by will directed that her executor should represent to the legislature the meritorious services of her negro slave, and should procure from the legislature an act for his emancipation, and should take charge of the slave, and give him the benefit of his own labor, until he could procure the passage of the act. Held, that the testatrix did not... Most Relevant Cases  
Smoot v. Wathen 8 Mo. 522, Supreme Court of Missouri (January 01, 1844) 1844 Wathen, administrator of William Smoot, deceased, brought an action of detinuc against Rachel Smoot, widow of the deceased, to recover a slave named Mary Ann. The defendant pleaded non detinet. Issue was taken thereon, and the cause was submitted to the court, neither party requiring a jury. The court found, that the defendant did detain the slave,... Most Relevant Cases  
State v. Bowers 29 S.C.L. 671, Court of Appeals of Law of South Carolina (May 01, 1844) 1844 1. On an indictment under the Act of 1817, for trading with a slave for corn, without a permit, evidence that the slave, at the instance of the defendant, carried the corn into his kitchen, and there left it, is not the less competent to go the jury for their consideration, together with all the other facts and circumstances to prove the illegal... Most Relevant Cases  
State v. City Council of Charleston 29 S.C.L. 623, Court of Appeals of Law of South Carolina (May 01, 1844) 1844 1. Under an Ordinance of the City Council of Charleston, providing that free negroes and free persons of color, shall be and are hereby made liable to the following taxes, viz:-Males, from the age of 21 to the age of 60, carrying on any trade or art, or being a mechanic and residing within the city, or residing without the city, exercising his... Most Relevant Cases  
State v. Clarissa 5 Ired. 221, Supreme Court of North Carolina (December 01, 1844) 1844 An indictment charging that a certain negro slave did hire her own time, contrary to the form of the statute, &c., is defective and must be quashed, because it omits to charge one essential part of the offence, that is, that she was permitted by her master to go at large. Under the first clause of the 31st section of the 111th chapter... Most Relevant Cases  
State v. Hart 4 Ired. 246, Supreme Court of North Carolina (June 01, 1844) 1844 A person is indictable for buying from or selling to a slave, on his own account, even if the owner of the slave has given his permission for that purpose, unless that permission be in writing. An authority cannot be given by any person to the slave of another to sell an article, though that article be the property of the person giving the... Most Relevant Cases  
State v. Hooper 5 Ired. 201, Supreme Court of North Carolina (December 01, 1844) 1844 A marriage between a colored and a white person, contracted in 1842, was void, by force of the statute passed in 1830. Though this latter statute was repealed by the Revised Statute, passed in 1836, ch. 1, s. 2, repealing all previous statutes, yet that statute provided, that such repeal should not affect rights or actions, crimes or prosecutions,... Most Relevant Cases  
State v. Mann 5 Ired. 45, Supreme Court of North Carolina (December 01, 1844) 1844 A magistrate has no right to issue a search warrant for runaway slaves, or such as have been seduced away. A search warrant can only issue for goods or chattels, which are distinctly alleged to have been stolen. Where on the face of such a warrant, it appears, that the magistrate had not jurisdiction, the officer, who attempts to execute it, is a... Most Relevant Cases  
State v. McCoy 29 S.C.L. 711, Court of Appeals of Law of South Carolina (May 01, 1844) 1844 1. Where, on the trial of an indictment for negro stealing, a witness in the defence was asked, if he had not seen in the possession of the prisoner, after he was committed to jail, a power of attorney purporting to have been executed by the person whose agent the prisoner had represented himself to be in selling the slaves alleged to have been... Most Relevant Cases  
State v. Newsom 5 Ired. 250, Supreme Court of North Carolina (December 01, 1844) 1844 The Act of Assembly passed in 1840, ch. 30, entitled an act to prevent free persons of color from carrying fire arms, is not unconstitutional. It is the settled construction of the constitution of the United States, that no limitations, contained in that instrument upon the powers of government, extend or embrace the different States, unless they... Most Relevant Cases  
State v. Simons 29 S.C.L. 761, Court of Errors of South Carolina (May 01, 1844) 1844 1. The Act of 1835, (7 Stat. 472, 3,) provides that it shall not be lawful for a person to bring into this State, as a servant, any slave who has been carried out of the same, if during the absence of such slave, he or she has been in any State North of the Potomac, &c.; and any person violating the Act is subjected to a forfeiture, and the slave... Most Relevant Cases  
Stone's Adm'r v. Willis 4 B.Mon. 496, Court of Appeals of Kentucky (May 04, 1844) 1844 Case stated. IN 1812, Elisha Stone executed to James Lillard the following bill of sale: Know all men by these presents, that I, Elisha Stone, of Mercer county and State of Kentucky, have this day bargained and sold unto James Lillard, one negro woman by the name of Peggy, for the consideration of the sum of three hundred dollars, to me in hand... Most Relevant Cases  
Sword v. State 24 Tenn. 102, Supreme Court of Tennessee (September 01, 1844) 1844 This is an indictment against Philip Sword, under the act of 1842, ch. 141, for retailing spirituous liquor to a slave. The bill of indictment charges that he, Philip Sword, on the 7th day of April, 1843, in the county of Knox, unlawfully did vend and sell one quart of spirituous liquor, called whisky, to one Reuben, a negro slave, the property of... Most Relevant Cases  
Taylor v. Harwell 24 Tenn. 331, Supreme Court of Tennessee (December 01, 1844) 1844 This bill is filed by the complainant, to enjoin the defendants from enforcing judgments at law, obtained by them against Wm. Ament, by the sale of certain negroes, claimed to have been bought by one John W. McDaniel from said Ament, and bequeathed to him by the complainant. The deed from Ament to McDaniel is attacked for fraud, they insisting that... Most Relevant Cases  
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