TitleCitationYearSummaryMost RelevantTypeStatus
Terry v. Brunson 1 Rich.Eq. 78, Court of Appeals of Equity of South Carolina (December 01, 1844) 1844 Testator, in separate clauses of his will, bequeathed to each of his five children, one of whom was a son, and four of whom were daughters, certain personalty, to them and their heirs forever. The legacy to Mary, one of the daughters, was a female slave. Another clause of the will was as follows: It is my will, that if any one or more of my... Most Relevant Cases  
The Lamar 1 West.L.J. 444, Circuit Court, D Georgia (May 01, 1844) 1844 Appeal from the district court of the United States for the district of Georgia. In admiralty. Libel by William W. Bulloch against the steamer Lamar to recover damages for the loss of two negro slaves by collision. The bill was dismissed in the district court (case not reported), and libellant appealed. Reversed, and decree entered for libellant. Most Relevant Cases  
Thomas v. McCann 4 B.Mon. 601, Court of Appeals of Kentucky (June 17, 1844) 1844 Fraud. Slaves. Vendor and vendee. APPEAL FROM THE FAYETTE CIRCUIT. WHEN a vendor asserts or affirms the soundness of the article sold, he states that which, in general, is not the subject of absolute certainty, but rests frequently in mere judgment or opinion. He is, therefore, commonly understood as making the assertion upon his belief or best... Most Relevant Cases  
Thompson v. Botts 8 Mo. 710, Supreme Court of Missouri (July 01, 1844) 1844 This was an action of assumpsit brought by the appellee for a breach of warranty in the sale of a negro woman and child?? The breach assigned, was the unsoundness of the woman at the time of the sale The bill of sale warranted the negroes sound and healthy in body and mind, and slaves for life. The plea was non-assumpsit, and the... Most Relevant Cases  
Thompson v. Newlin 3 Ired.Eq. 338, Supreme Court of North Carolina (December 01, 1844) 1844 A testatrix bequeathed certain slaves to A. without mentioning any trust to be attached to the bequest. The next of kin of the testatrix filed a bill against A. alleging that the slaves were bequeathed to A. on the unlawful trust that he should permit them to reside in this State, and enjoy their actual freedom, while he was to be only a nominal... Most Relevant Cases  
Thompson v. State 24 Tenn. 138, Supreme Court of Tennessee (December 01, 1844) 1844 This is an indictment against William A. Thompson, for the offence of retailing spirituous liquors to a slave. He was tried and convicted in the county of Maury, upon the testimony of one witness, who deposed that he saw the defendant sell a quart of whiskey to a slave, and receive from him 12 1/2 cents in payment. Defendant moved for a new trial,... Most Relevant Cases  
Thompson v. Thompson 4 B.Mon. 502, Court of Appeals of Kentucky (May 06, 1844) 1844 Variance. Practices. Consideration. Emancipation of slaves. ERROR TO THE MERCER CIRCUIT. Case stated. ELIZABETH THOMPSON, the defendant in error, brought her action by petition, against Fleming Thompson, J. N. Thompson, Wm. B. Moore, and D. W. Thompson, upon a joint and several note executed by them and Anderson Harris to the plaintiff, for $550,... Most Relevant Cases  
Tilly's Adm'r v. Norris 4 Ired. 229, Supreme Court of North Carolina (June 01, 1844) 1844 A master cannot be made liable for work done for his slave and money lent to his slave. A general licence, by the master to his slave to make bargains for work to be done only for the benefit of the slave, or a licence for the slave to borrow money on his own account, will not render the master a debtor to a person, who should be so inconsiderate... Most Relevant Cases  
Trigg v. Faris 24 Tenn. 343, Supreme Court of Tennessee (December 01, 1844) 1844 The defendant was in possession of a negro slave, and sold the same to plaintiff, and by deed transferred the slave to the plaintiff. This deed contained no covenant whatever, but was a mere conveyance of the title. This action of assumpsit was brought upon the warranty of title implied by law from the mere fact of the sale, the defendant not... Most Relevant Cases  
Waller v. Ward 29 S.C.L. 786, Court of Appeals of Law of South Carolina (May 01, 1844) 1844 1. Where a testator bequeathed to his son the use of negroes, to him and the lawful issue of his body forever; and in a subsequent clause provided that if any of my children before named should die under age, or without leaving lawful issue of their body, that the legacy bequeathed unto them, and property given to them, be equally divided among... Most Relevant Cases  
Whitfield v. Hurst 3 Ired.Eq. 242, Supreme Court of North Carolina (June 01, 1844) 1844 It is now settled beyond doubt, that the will of a married woman cannot be rendered available as a will, in Equity, without being first established as a testamentary instrument in the Court of Probate. Note to Bayley v Stubington, 2 Lee's Eq. Rep. 537. Douglass v Cooper, 3 Mylne & Keene, 378. Newlin v Freeman, 1 Ired. 514. The Court of Equity is... Most Relevant Cases  
Wightman's Ex'rs v. Butler 29 S.C.L. 357, Court of Appeals of Law of South Carolina (January 01, 1844) 1844 1. In an action of debt on bond, it appeared that part of the debt for which it was given had been due many years, and that at the date of the bond a new loan was made, for which with the old debt the bond was given; the obligor at the same time executing a mortgage of four negroes to secure the debt, three of whom after the bond became due were... Most Relevant Cases  
Williams v. Jarrot 1 Gilman 120, Supreme Court of Illinois (December 01, 1844) 1844 Trespass vi et armis, in the common form. The general issue, and a special plea of justification were pleaded. The latter stated in substance, that the plaintiff, being a man of color, owned by, owing service as a slave to John Beaird, in the state of Tennessee, and being over fifteen years of age, was brought by him into St. Clair county, in the... Most Relevant Cases  
Williams v. McComb 3 Ired.Eq. 450, Supreme Court of North Carolina (December 01, 1844) 1844 A testator devised as follows: I will and bequeath to my eldest son, Samuel, my two tracts of land lying on both sides of McCullock's creek, in the north west of Charlotte town, and the half of the house I live in, and also one negro, &c. I also give unto my second son, James, the other half of this house I live in, and the lot it is built upon,... Most Relevant Cases  
Wood's Ex'rs v. Wickliffe 5 B.Mon. 187, Court of Appeals of Kentucky (October 14, 1844) 1844 Executors. Assets. Residuary devisees. Emancipated slaves. APPEAL FROM THE NELSON CIRCUIT. The case stated IN 1824, Nathaniel Wickliffe instituted an action of covenant, in the Nelson Circuit Court, against Nathan B. Wood. Before any trial was had, Wood, having first made his last will and testament, departed this life. His will was proved and... Most Relevant Cases  
Woods v. Fuller 5 Ired. 26, Supreme Court of North Carolina (December 01, 1844) 1844 A sale of a chattel at the common law vested a title in the purchaser without a delivery. So it was, as to the sale of a slave, as between the parties, under our acts of 1784 and 1792, Revised Code, c. 225, s. 7: and c. 363. They only affected the rights of creditors. Whether our act of 1836, (Rev. Statutes, c. 37, s. 19,) embodying these acts and... Most Relevant Cases  
Woods v. Roman 5 B.Mon. 145, Court of Appeals of Kentucky (October 09, 1844) 1844 Practice. Damages. ERROR TO THE GARRARD CIRCUIT. WILLIAM ROMAN filed his bill in the Garrard Circuit Court, to set aside a sale of a slave, made by Farrow to Woods, and subject her to the satisfaction of a demand due from Farrow to complainant. A decree was made to that effect by the Circuit Court, and on the case being brought to this Court, that... Most Relevant Cases  
Young v. Thompson 3 Smedes & M. 129, High Court of Errors and Appeals of Mississippi (January 01, 1844) 1844 If a hired negro should be so treated by the hirer as to cause a loss to the owner, the hirer would be liable; but if he uses such caution as a prudent man would with his own slave, he is not liable. Most Relevant Cases  
Acheson v. McCombs 3 Ired.Eq. 554, Supreme Court of North Carolina (June 01, 1845) 1845 A testator devised to his daughter, Jane, a negro woman, and to such children as Jane might thereafter have, the issue of the negro woman that might be thereafter born. The executors assented to the legacy--and, afterwards, Jane had two children, and the negro woman had issue, two boys, which were taken by Jane's husband out of the limits of this... Most Relevant Cases  
Alexander v. Espy 25 Tenn. 157, Supreme Court of Tennessee (December 01, 1845) 1845 The ancestor of the complainants, by his last will, devised, for the life of the persons therein mentioned, certain slaves, and, when the life estate should terminate, then the slaves to be equally divided among the children of the life owners. The life estate has not yet terminated, but the person to take as purchaser, under the will, the estate... Most Relevant Cases  
Alexander v. Springs 5 Ired. 475, Supreme Court of North Carolina (June 01, 1845) 1845 Where one has a deed of trust for personal property, other than slaves, to secure a debt, and he admits the debt has been paid, and permits the person, who made the deed, to keep the possession of the property and sets up no claim--Held that the title to this property is revested in the person who had conveyed in trust, without any formal... Most Relevant Cases  
Allison v. Bates 6 B.Mon. 78, Court of Appeals of Kentucky (October 01, 1845) 1845 The case stated. THIS is a suit for freedom brought by Allison, a man of color, against Stephen W. Bates. He claims his freedom under the will of John Bates, deceased; Stephen W. Bates claims him as legatee under the same will. The Circuit Court having decided against his right to freedom, he has appealed to this Court. And as his case depends upon... Most Relevant Cases  
Anderson v. Brown 9 Mo. 646, Supreme Court of Missouri (October 01, 1845) 1845 On the 19th January, 1844, B. B. Dayton makes affidavit setting forth that on the 17th January, 1844, Squire Brown commenced suit, by consent, against Charles R. Anderson for his freedom in the St. Louis Circuit Court, and that an order was made by said court permitting said Brown to sue as a poor person, and that said Dayton be assigned as his... Most Relevant Cases  
Anderson v. Irvine 6 B.Mon. 231, Court of Appeals of Kentucky (October 20, 1845) 1845 Administrators and executors. Executions. Assets. Distributees. APPEAL TO THE GARRARD CIRCUIT. The question presented. THE only question in this case is, whether under an execution issuing on a judgment against an administrator de bonis non, to be levied on assets in his hands, &c., slaves are liable to seizure and sale, which, with the assent of... Most Relevant Cases  
Andrews v. Ocean Ins. Co. 10 Rob. (LA) 332, Supreme Court of Louisiana (March 01, 1845) 1845 Appeal from the Commercial Court of New Orleans, Watts, J. This was an action to recover $3,300, the insurance upon eight slaves, at and from Norfolk to New Orleans, on the brig Creole, shipped on the same voyage as those insured in the case of McCargo v. The New Orleans Insurance Company, just reported. The same facts and questions of law were... Most Relevant Cases  
Bailey v. Miller 5 Ired. 444, Supreme Court of North Carolina (June 01, 1845) 1845 The conveyance of the father to his son was voluntary and made when the donor was insolvent or on the brink of insolvency, and was clearly void as to debts existing at the time. It has been so found by the jury. Therefore, as respects the present plaintiff, the slaves are still regarded as the goods of the deceased debtor. There is no doubt that a... Most Relevant Cases  
Baldwin v. Maultsby 5 Ired. 505, Supreme Court of North Carolina (June 01, 1845) 1845 The only question in the cause was, whether Warren Baldwin, the owner of the slaves, ever delivered as his deed the paper writing, under which the plaintiff claimed them. It is admitted by the plaintiff's counsel, that the signing and sealing of the paper writing would not make it the deed of Warren Baldwin, but that delivery was also necessary??... Most Relevant Cases  
Beall v. Darden 4 Ired.Eq. 76, Supreme Court of North Carolina (December 01, 1845) 1845 A husband is in Equity entitled to slaves, held in trust for his wife, (not for her separate use,) in the same manner as he would, at law, have been entitled to such as she legally owned and he had reduced to possession. An executor, like other trustees, is not to be held liable, as insurers, or for any thing but mala fides, or want of reasonable... Most Relevant Cases  
Beckham v. Secrest 2 Rich.Eq. 54, Court of Appeals of Equity of South Carolina (December 01, 1845) 1845 Voluntary deed held void as against the claims of creditors. Where a party made a voluntary deed of gift of a slave, reserving to herself a life estate, and the sheriff, under a fi. fa. obtained after the gift, levied on the slave, and advertised and sold it as the property of the donor-Held that the purchaser, who had notice of the deed, took,... Most Relevant Cases  
Bellune v. Wallace 2 Rich. 80, Court of Appeals of Law of South Carolina (December 01, 1845) 1845 Plaintiff became surety for C. D. on a guardianship bond, and took from him a mortgage of a slave, conditioned to indemnify the plaintiff against C. D's default, with a stipulation that C. D. should retain possession until breach of the condition. C. D. afterwards gave another guardianship bond, with the plaintiff and a third person as sureties.... Most Relevant Cases  
Binford's Adm'r v. Robin 1 Gratt. 327, Supreme Court of Appeals of Virginia (January 01, 1845) 1845 Testatrix, in one clause of her will, says--I will that all my negroes be hired out, until all my just debts are paid, as well as legacies hereinafter devised shall be satisfied. In a subsequent clause, she says--I will and devise that all my negroes be liberated, after the above items in this will be satisfied. At the... Most Relevant Cases  
Blackman v. Gordon 2 Rich.Eq. 43, Court of Appeals of Equity of South Carolina (December 01, 1845) 1845 Testator, who died in 1839, directed his executor, after a certain event, to transport all of his slaves to the nearest non-slave-holding State in the United States, or to the free colony in Africa. Before this provision of the will was executed, the Act of 1841, providing that any bequest, whereby the removal of any... Most Relevant Cases  
Bogard v. Gardley 4 Smedes & M. 302, High Court of Errors and Appeals of Mississippi (January 01, 1845) 1845 A voluntary conveyance from a parent largely indebted at the time, of slaves to his child, will not prevail against prior creditors. Whether a voluntary conveyance of personal property is fraudulent, as against subsequent creditors, is a matter peculiarly within the province of a jury to decide; and one which, when once found, is not to be... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Bowen v. Coker 2 Rich. 13, Court of Appeals of Law of South Carolina (December 01, 1845) 1845 Negroes were mortgaged by the defendant to the plaintiff, to secure the payment of a bond due at a future day. To pay interest as it accrued on the bond, the defendant, by agreement in writing indorsed on the mortgage, hired the negroes to the plaintiff. Before the period of hiring had expired, the defendant retook the negroes. Held, that the... Most Relevant Cases  
Bowling's Adm'r v. Bowling 6 B.Mon. 31, Court of Appeals of Kentucky (September 22, 1845) 1845 Slaves, life estate. Remainder. Equitable Jurisdiction. ERROR TO THE MASON CIRCUIT. The case stated. IN 1809, Robert Bowling made his last will and testament, and died shortly afterwards, by which he devised all his estate, embracing a number of slaves, to his wife, Mary Bowling, during her life, the remainder to his two children, Samuel and Nancy.... Most Relevant Cases  
Bracken v. Chaffin 24 Tenn. 575, Supreme Court of Tennessee (April 01, 1845) 1845 The only question in this case is whether what was said and done between the complainant and defendant, touching the slave in the pleading mentioned, constitutes the transaction a mortgage of the slave. Defendant had an execution against A. Looney, the father-in-law of the complainant, which he caused to be levied upon the slave; the slave at the... Most Relevant Cases  
Brown's Adm'rs v. Brown's Adm'rs 25 Tenn. 127, Supreme Court of Tennessee (December 01, 1845) 1845 This bill is brought by the administrators of Elizabeth Brown, deceased, against the administrator of her husband, William Brown, deceased, for certain slaves that were the property of the said Elizabeth before her marriage with the said William, and in relation to which there was an ante-nuptial contract. The said Elizabeth, before her marriage... Most Relevant Cases  
Bryan v. Martin 24 Tenn. 565, Supreme Court of Tennessee (April 01, 1845) 1845 John D. Martin, executor of Samuel Dickins, recovered judgment against Jesse Isler, administrator of Joseph H. Bryan, and caused his execution thereon to be levied upon certain negroes of the estate of said Joseph at the time of his death, and which came to the hands of the administrator to be administered. Sally Ann Bryan, the complainant, and... Most Relevant Cases  
Bryan v. Robert 2 Rich.Eq. 11, Court of Appeals of Equity of South Carolina (December 01, 1845) 1845 A surety, who obtains an assignment of the mortgage of a slave, given by his principal to secure the same debt on account of which he is surety, may file a bill against an innocent purchaser from the mortgagor for a specific delivery of the slave. If the innocent purchaser of a mortgaged slave should, on coming to a knowledge of the mortgage, send... Most Relevant Cases  
Buchanan v. Parker 5 Ired. 597, Supreme Court of North Carolina (June 01, 1845) 1845 First, the charge of his Honor, as to the capacity of the mother to bring the action, we think was right.--The defendant was the agent of the mother, and he received the money from her, as her money, to purchase slaves for her benefit. It does not appear, that the defendant, at the time he received the money, had any notice that the two children... Most Relevant Cases  
Caston v. Caston 2 Rich.Eq. 1, Court of Appeals of Equity of South Carolina (December 01, 1845) 1845 Testator devised and bequeathed his plantation and forty or fifty negroes to the complainant, his widow, during her widowhood, charging the same with the payment of his debts and the support of his minor children. The complainant held, used and enjoyed the property, under this provision of the will, for eleven years, and then filed her bill... Most Relevant Cases  
Chouteau v. Pierre 9 Mo. 3, Supreme Court of Missouri (January 01, 1845) 1845 This was a suit for freedom, brought by Pierre against Chouteau, in which a judgment was rendered for Pierre, to reverse which this appeal is prosecuted. The petition of Pierre sets forth that his mother, Rose, was a negress, and was born in Montreal, in Lower Canada, about the year 1768. That in the year 1791, or thereabouts, his mother was taken... Most Relevant Cases  
Cox v. Williams 4 Ired.Eq. 15, Supreme Court of North Carolina (December 01, 1845) 1845 A bequest of Slaves to the American Colonization Society is a valid bequest under the laws of this State. The cases of Haywood v. Craven, 2 No. Ca. Law Rep. 557, Cameron v. Commissioners of Raleigh, 1 Ired. Eq. 436, and Thompson v. Newlin, 3 Ired. Eq. 338, cited and approved. Cause removed from the Court of Equity of Chowan County. The case... Most Relevant Cases  
Croft v. State 25 Tenn. 317, Supreme Court of Tennessee (December 01, 1845) 1845 The plaintiff in error was indicted and convicted in the county of Rutherford for stealing a slave. The owner of the slave lived in Bedford county; the prisoner was arrested, with the slave in his possession, in Illinois; among other things he stated that the slave was put into his possession by one Stone, in Rutherford county. The truth of that... Most Relevant Cases  
Denny v. Closse 4 Ired.Eq. 102, Supreme Court of North Carolina (December 01, 1845) 1845 A testator bequeathed to his wife a certain slave for her life, and, after her death, the slave to be sold, and the issue of the slave together with the money arising from such sale, to be equally divided among all his children that are then living. Held, that the issue of such of the children, as died during the life-time of the legatee for... Most Relevant Cases  
Driskill v. Parrish 3 McLean 631, Circuit Court, D Ohio (July 01, 1845) 1845 This was an action by Peter Driskell against Francis D. Parish for hindering and obstructing the arrest of a fugitive slave. Most Relevant Cases  
Dulany v. Green 4 Harr. 285, Superior Court of Delaware (October 01, 1845) 1845 A deed of manumission executed by an insolvent man, without any consideration, and with intent to defraud creditors, is void. A deed executed by a man when so much intoxicated as not to understand what he is about, is void; at least, as to third persons. Petition for freedom. The petition stated that Jesse Green, jr., being the owner of petitioner... Most Relevant Cases  
Dunlap v. O'Dena 1 Rich.Eq. 272, Court of Appeals of Equity of South Carolina (March 01, 1845) 1845 Defendant, who owned a large saddlery and harness manufactory and two negro workmen employed in the factory, contracted with the plaintiff to pay to him one third of the net proceeds.Held, on bill for an account, 1. that defendant was entitled to credit himself with his own labor and the labor of the two negroes; and 2. that this question was... Most Relevant Cases  
Edings' Ex'r v. Whaley's Adm'rs 1 Rich.Eq. 301, Court of Appeals of Equity of South Carolina (March 01, 1845) 1845 Where a parent, upon the marriage of his daughter, puts her in possession of slaves, or other chattels, without reserving the right to reclaim, or otherwise qualifying the possession, an intention to give will be presumed, and the gift perfected by the act of delivery. As to real estate, it seems that an intention to give will never be implied from... Most Relevant Cases  
Edings v. Brown 1 Rich. 255, Court of Appeals of Law of South Carolina (January 01, 1845) 1845 Plaintiff brought covenant against C. D. for the breach of a warranty of soundness, contained in a bill of sale; by the terms of which, A. B. per C. D. Trustee, conveyed &c. a slave to the plaintiff. The bill of sale was executed in the name of A. B. per C. D. Trustee. A. B. was a feme covert, though that fact did not appear on the face of the... Most Relevant Cases  
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