TitleCitationYearSummaryMost RelevantTypeStatus
Elias v. Smith 25 Tenn. 33, Supreme Court of Tennessee (September 01, 1845) 1845 The bill states that the defendant has unjustly obtained certain judgments at law against the complainant Elias, upon which he has caused to be issued executions, and has levied the same upon the other complainants, as being the slaves and property of said Elias; and the bill seeks, by injunction, to restrain the sale of them, and to procure a... Most Relevant Cases  
Ex parte Ball 2 Gratt. 588, General Court of Virginia (December 01, 1845) 1845 Eli Ball and Henry Saterwhite, representing themselves to be trustees for Mrs. Nancy Horner, filed their petition in this Court, representing that Dennis, a slave of Mrs. Horner, had runaway from their possession; had possessed himself fraudulently of free papers; and whilst going at large, was apprehended, tried as a free man, and convicted of a... Most Relevant Cases  
Fitzhugh v. Fitzhugh's Adm'r 6 B.Mon. 4, Court of Appeals of Kentucky (September 08, 1845) 1845 Administrators. Slaves. APPEAL FROM THE LOUISVILLE CHANCERY COURT. THURSTON, as administrator of Clark Fitzhugh, having exhausted the personal estate, except a slave, in payment of debts of the deceased, filed his bill against the widow and infant heir of the deceased, to subject the real estate, consisting of lots in the town of Louisville, and a... Most Relevant Cases  
Fraser v. McClenaghan 2 Rich.Eq. 79, Court of Appeals of Equity of South Carolina (December 01, 1845) 1845 A delivery of slaves by a father to his son shortly after the son's marriage, held, on the evidence, to be a loan and not a gift, and consequently that the father might dispose of the slaves by will. Where a bill is filed for the specific delivery of a negro, or other chattel, and it perishes before the hearing of the cause, so that the specific... Most Relevant Cases  
Fulmore & Mowzon v. Burrows 2 Rich.Eq. 95, Court of Appeals of Equity of South Carolina (December 01, 1845) 1845 Where a father, being insolvent, sold slaves to his son and continued in possession as visible owner: held, that the presumption of fraud arising from the retention of possession, was not rebutted by the testimony of another son that there was an agreement for the hire of the slaves every year, but he could not tell what hire was to be paid, and... Most Relevant Cases  
Gibson v. Mozier 9 Mo. 256, Supreme Court of Missouri (July 01, 1845) 1845 This was an action of replevin for a slave, brought against Gibson, the sheriff of Newton county, who levied on the said slave as the property of one Wallace, to satisfy an execution he had against him. Mozier, the appellee, claimed the slave under a bill of sale from Wallace. The plea was not guilty, on which issue was joined, under which Gibson,... Most Relevant Cases  
Gilliam v. Spence 25 Tenn. 160, Supreme Court of Tennessee (December 01, 1845) 1845 This bill is brought to recover from the defendant, who is administrator of William Gilliam, deceased, several slaves, of whom said intestate died possessed. The record discloses the following facts: The intestate of the defendant married the complainant, Eliza G. Gilliam, daughter of Richard Gilliam, of Buckingham county, Virginia, in the summer... Most Relevant Cases  
Graves v. Sayre 5 B.Mon. 390, Court of Appeals of Kentucky (May 05, 1845) 1845 The case stated. JAMES F. GRAVES held a mortgage on two slaves, executed on the 22nd of April, 1837, by Thomas H. Graves, to indemnify the former as the surety of the latter, in a debt which he owed. The debt became due the 22nd of October, 1837, and was paid by James F. Graves on the 5th of March, 1838, and on the 14th of the same month, he filed... Most Relevant Cases  
Greer's Heirs v. Boone 5 B.Mon. 554, Court of Appeals of Kentucky (June 30, 1845) 1845 The case stated. IN 1802, John Wiseman, by his deed of that date, and which was duly recorded, gave to his daughter, Elizabeth Greer and her children, a female slave. The terms in the deed, by which the gift was made are these: I give her, (Elizabeth Greer,) a negro girl named Rose, which she has now in her possession, and which I do by these... Most Relevant Cases  
Grigsby v. Daniel 5 B.Mon. 435, Court of Appeals of Kentucky (June 12, 1845) 1845 Witness. Depositions. Evidence. ERROR TO THE GARRARD CIRCUIT. The case stated. IN January, 1831, at the city of New Orleans, Thomas Blackwell and A. G. Daniel, joint owners, sold and transferred to the plaintiffs, nine slaves, warranting them sound in body and mind, except Jerry, who is indisposed with the dysentery, and Garland, whose knee... Most Relevant Cases  
Guilford v. Guilford 4 Ired.Eq. 168, Supreme Court of North Carolina (December 01, 1845) 1845 First. As to the legacy, I leave my negroes (except Dan) to be sold by my executor, and divided into three shares. This is not a general legacy; it is not by law chargeable upon the whole personal estate undisposed of. It is a specific legacy of all the negroes (except Dan) the testator owned at the time of his death; for, at that time, the will... Most Relevant Cases  
Gullett v. Lamberton 6 Ark. 109, Supreme Court of Arkansas (July 01, 1845) 1845 The act of 1840, making slaves real estate, was only designed to change their mode of descent and conveyance; and was not intended to deprive the owner of the common and appropriate remedies, then in use, for the recovery of the possession of such property when unjustly deprived of it; or, for the recovery of damages for injuries inflicted upon it.... Most Relevant Cases  
Hagan v. Ocean Ins. Co., 10 Rob. (LA) 333, Supreme Court of Louisiana (March 01, 1845) 1845 Appeal from the Commercial Court of New Orleans, Watts, J. This was an action to recover $6,500, the insurance on nine slaves, from Richmond to New Orleans. The policy was similar to that sued on in the case of McCargo v. The New Orleans Insurance Company, the insurance being on the same voyage, and the facts and questions of law the same. From a... Most Relevant Cases  
Hall v. Paschall 5 Ired. 668, Supreme Court of North Carolina (June 01, 1845) 1845 First, we are of opinion, that the slave called little Summerset, was not intended by the parties to the bond, to be described as a child of Mary deceased; but that he stands in the condition of the said instrument, as one among many slaves therein mentioned, without any other description than his own name. The punctuation of the comma, at the... Most Relevant Cases  
Haywood v. Long 5 Ired. 438, Supreme Court of North Carolina (June 01, 1845) 1845 The owner of a slave, who is hired out, is not answerable to a physician for medicine or medical services, rendered the slave at the request of the hirer, and without the request or knowledge of the owner. What may be the rights or liabilities in such a case, as between the owner and the hirer, quære? Appeal from the Superior Court of Law of... Most Relevant Cases  
Hester v. Wilkinson 25 Tenn. 215, Supreme Court of Tennessee (December 01, 1845) 1845 From this record it appears that John Hester, in July, 1831, then of Granville county, North Carolina, executed to John Y. Wilkinson, of Person county, North Carolina, a deed of trust, in which he conveyed 150 acres of land in Granville county, and five slaves--Lucy, Hillman, Daniel, Amy and Gloster--with other property, in trust, that the said... Most Relevant Cases  
Hill v. Anderson 5 Smedes & M. 216, High Court of Errors and Appeals of Mississippi (January 01, 1845) 1845 An infant, who has disposed of his personal property, and has done no act to confirm the contract, and has pursued his remedy in good time after coming of age, is entitled to recover it back. A., being an infant, bought of E. a tract of land for $8000, and gave in payment five slaves, and his notes for $375 and $1500; the slaves were afterwards... Most Relevant Cases  
Hoggatt v. Bigley 25 Tenn. 236, Supreme Court of Tennessee (December 01, 1845) 1845 This is an action of detinue for a negro man slave named Jim. It appears from the bill of exceptions that the defendants are a justice of the peace, a constable, and a jailer of the town of Nashville. A watchman appreprehended the negro Jim, a slave of the plaintiff, for violating the corporation ordinance of Nashville in hiring his own time, and... Most Relevant Cases  
Hope v. Evans 4 Smedes & M. 321, High Court of Errors and Appeals of Mississippi (January 01, 1845) 1845 If an actual settler in this state bring negroes from other states into it, with the bona fide intention to apply them to his own use, and afterwards change his intention and sell the negroes, such sale does not amount to a violation of the constitutional prohibition against the introduction of negroes for sale or as merchandise. H. filed his bill... Most Relevant Cases  
Hopson v. Boyd 6 B.Mon. 296, Court of Appeals of Kentucky (October 30, 1845) 1845 The case stated. THIS action of detinue was brought in April, 1843, in the name of John Boyd, suing as an idiot, by his committee, to recover two slaves which had been sold by Boyd in 1826, and for which a tract of land was conveyed to him in 1828, which was afterwards sold under an execution that issued on a replevin bond in which he had become... Most Relevant Cases  
Huntly v. Ratliff 5 Ired. 542, Supreme Court of North Carolina (June 01, 1845) 1845 It was in evidence that the plaintiff delivered the slaves in controversy, to the defendant, in consideration of $ 200, in hand paid. This evidence shewed, that the legal title to the said slaves passed to the defendant by sale and delivery. The plaintiff then introduced in evidence the bond, stated in the case, executed to him by the defendant as... Most Relevant Cases  
Irwin v. Burnett 25 Tenn. 342, Supreme Court of Tennessee (December 01, 1845) 1845 It appears from the bill, answer, and proofs in this cause that in 1840 the defendant sold, in the city of Nashville, at auction, a negro man slave to one Felix Robertson a steamboat captain, engaged in the Nashville and New Orleans trade, for the sum of $705. The terms of the sale were a credit of twelve months to the purchaser on his giving a... Most Relevant Cases  
Irwin v. King 6 Ired. 219, Supreme Court of North Carolina (December 01, 1845) 1845 The proceedings were not at common law; for partition by tenants in common of chattels could not be had in the common law Courts; they had to go into the Courts of Equity, to effect that object. The expense and delay in Chancery being great, the Legislature gave the County Courts Chancery jurisdiction, in the partition of slaves among tenants in... Most Relevant Cases  
Isaac v. Williams 3 Gill 278, Court of Appeals of Maryland (December 01, 1845) 1845 In an action of replevin for negroes, upon the plea of property in the plaintiff, it appeared, in the proof of the plaintiff, that the defendant had paid him the sum of twenty-five cents for hire, on several occasions, for one of the negroes, and declared she would do so as long as the plaintiff would suffer her to keep possession, and admitted she... Most Relevant Cases  
Jarrot v. Jarrot 2 Gilman 1, Supreme Court of Illinois (December 01, 1845) 1845 Assumpsit by the plaintiff against the defendant to try his right to freedom. Non assumpsit and issue. The defendant also filed seven special pleas, to which plaintiff severally demurred. The court overruled the demurrer to the second, and sustained it to the rest. Issue to the country was joined upon the second plea, which stated in substance,... Most Relevant Cases  
Johnson v. Corpenning 4 Ired.Eq. 216, Supreme Court of North Carolina (December 01, 1845) 1845 With the land, the personal representative has no concern. The will creates no trust respecting it; and upon the death of the widow, it went directly to the remainder-men. As to that, therefore, the bill would have to be dismissed. Upon the second point, the rule is clear, that, like specific legacies, the slaves, given in the residue, vested by... Most Relevant Cases  
Johnson v. Ocean Ins. Co. 10 Rob. (LA) 334, Supreme Court of Louisiana (March 01, 1845) 1845 Appeal from the Commercial Court of New Orleans, Watts, J. This was an action to recover $15,000, the insurance on twenty-three slaves, at and from Norfolk to New Orleans. The policy was similar to that sued on in the case of McCargo v. The New Orleans Insurance Company, the insurance being on the same voyage, and the evidence and questions of law... Most Relevant Cases  
Jones v. Allen 5 Ired. 473, Supreme Court of North Carolina (June 01, 1845) 1845 The hirer of the slave, and not the general owner, is liable in an action for medicine and medical services rendered the slave, while the term of hiring continued, the services and medicine not being rendered at the request of the owner, but at the request of the hirer. A particular custom in a county, that the general owner shall pay these... Most Relevant Cases  
Jones v. Marable 25 Tenn. 116, Supreme Court of Tennessee (December 01, 1845) 1845 Mary W. Jordan was the daughter of the complainant, and in the spring of 1842 she intermarried with the defendant. She died in Tennessee the 27th of December, 1842. Previously to her marriage, and about two years before her death, she removed from Tennessee to Arkansas, taking her negroes with her, where she hired them to her brothers. She was... Most Relevant Cases  
Justice v. Scott 4 Ired.Eq. 108, Supreme Court of North Carolina (December 01, 1845) 1845 The probate of a deed of settlement upon a man's family, before the Clerk of the County Court, as if it were an ordinary deed of trust, and its subsequent registration upon that probate, are void as against creditors and subsequent purchasers. Where an action is brought at law for the recovery of negroes, conveyed by a deed in trust, which it is... Most Relevant Cases  
Kean v. Welch 1 Gratt. 403, Supreme Court of Appeals of Virginia (February 01, 1845) 1845 The court is of opinion, that the testator, by his will, treated all the slaves theretofore placed by him in the possession of his children, or any of them, together with the increase of such slaves, as slaves belonging to him, and subject to disposition by him. That, by his will, all his slaves, (except the two given to his widow,) as well those... Most Relevant Cases  
Knight v. Jordan 25 Tenn. 101, Supreme Court of Tennessee (December 01, 1845) 1845 In 1823 Carlisle W. Knight, the father of complainant, intermarried with the daughter of Hugh Shaw, and some time in the following year certain negro slaves were placed in the possession of the said Carlisle W. Knight, by Hugh Shaw, the father-in-law. In 1828 the wife of Knight, the mother of complainant, died, and, very soon after, Knight married... Most Relevant Cases  
Lafon v. Chinn 6 B.Mon. 305, Court of Appeals of Kentucky (November 01, 1845) 1845 Assumpsit. Partners and partnership. APPEAL FROM THE FAYETTE CIRCUIT. The case stated. CHINN sued Caldwell & Lafon as co-partners in a bagging factory, in assumpsit, for the services of a slave hired by Caldwell, to work in the factory, and who was employed in the same, and for medical services rendered by himself as a physician, in attending the... Most Relevant Cases  
Lamb v. Carroll 6 Ired. 4, Supreme Court of North Carolina (December 01, 1845) 1845 Those parties, who except, would take a very different view of their equity, if the advancements to them had consisted of female slaves, and they had been at the expense of bringing up numerous families of children from them. There is, however, no doubt of the law upon the question. It has been long settled, King v. Worsley, 2 Hay. 366; Stallings... Most Relevant Cases  
Law v. Law 2 Gratt. 366, Supreme Court of Appeals of Virginia (October 01, 1845) 1845 1. A party having the legal title to, and having had possession of a slave, though acquired fraudulently, may maintain an action against any third person who aids said slave to escape. 2. A bill of exceptions, taken by a defendant in the Court below to the opinion of the Court overruling a motion for a new trial, does not shew that the objection... Most Relevant Cases  
Lockett v. Firemen's Ins. Co. of New Orleans 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 $20,000, the insurance on twenty-six slaves, at and from Richmond to New Orleans, on the brig Creole, shipped on the same voyage as those in the case of McCargo v. The New Orleans Insurance Company. In addition to the printed stipulations in the policy, this... Most Relevant Cases  
Logan v. Commonwealth 2 Gratt. 571, General Court of Virginia (December 01, 1845) 1845 (Absent Robertson, J.) Upon the trial of a prisoner indicted for aiding a slave to abscond from his master, the prisoner produces a deed of emancipation from the master to the slave. Upon the construction of the deed, if it is doubtful whether the deed is effectual as a deed of emancipation, the prisoner is entitled to the benefit of the doubt.... Most Relevant Cases  
Long v. Duvall 6 B.Mon. 219, Court of Appeals of Kentucky (October 16, 1845) 1845 Wills, construction of. APPEAL FROM THE WOODFORD CIRCUIT. THE last will and testament of Armisted Long, deceased, has this provision: I do give and bequeath unto my beloved wife, Paulina Long, the following named negroes, which I now own, namely: Charles, Peter, Jim, Cæsar, Abraham, Rachel, Dinah, Easter, Lavina, Dilsey, America, Charles, Malinda,... Most Relevant Cases  
Lucy v. Cheminant's Adm'rs 2 Gratt. 36, Supreme Court of Appeals of Virginia (April 01, 1845) 1845 S. L. by her will emancipates certain of her slaves, and then says: All the rest of my slaves I lend to my brother and sister equally during their lives, and the life of the survivor; and on the death of the survivor it is my desire that the said slaves be set free. HELD. The slaves alive at her death, and their descendants born... Most Relevant Cases  
Maria v. Atterberry 9 Mo. 369, Supreme Court of Missouri (July 01, 1845) 1845 This was a suit for freedom, brought by Maria, against Atterberry. Maria took a non-suit, and after an unsuccessful motion to set aside, and for a new trial, has brought the case here by appeal. In support of her right to freedom, Maria offered in evidence a transcript from the record of the County Court of Hart county, in the State of Kentucky,... Most Relevant Cases  
Martin v. State 25 Tenn. 204, Supreme Court of Tennessee (December 01, 1845) 1845 Ambrose Martin was convicted in the circuit court of Montgomery county, at the November term, 1845, of the offence of selling spirituous liquors to a slave without a written permission from the slave's master so to do. The bill of indictment charges that he was guilty of selling spirituous liquors to a slave, the property of Abner Vaughn,... Most Relevant Cases  
Mayes v. Smith 11 Rob. (LA) 505, Supreme Court of Louisiana (September 01, 1845) 1845 On the application of the counsel for a re-hearing, we have again examined this case. An examination of the writ of injunction satisfies us, that the sheriff and Smith were only enjoined from proceeding on the execution, in favor of the latter against Mayes, against the slaves Harriet and her children. And as nothing in the record shows what was... Most Relevant Cases  
Mayo v. Mayo 6 Ired. 84, Supreme Court of North Carolina (December 01, 1845) 1845 This petition of review has travelled from the County Court of Edgecomb to this Court; and, after examining it, we are unable to discover any error in the original decree. There was no other rule of valuation of the slaves, to make up the $2000 each for the younger children, as directed by the will, than the then market valuation. If the younger... Most Relevant Cases  
Mays v. Gillam 2 Rich. 160, Court of Appeals of Law of South Carolina (December 01, 1845) 1845 Where the owner of a slave has emancipated him contrary to law, although he may have the right to reclaim him by seizure and conversion, under the Act of 1800, yet, without such seizure he has no right on which he can maintain trover, although the slave has not been formally seized and converted by any other person. Most Relevant Cases  
McCargo v. Merchants' Ins. Co. of New Orleans 10 Rob. (LA) 349, Supreme Court of Louisiana (March 01, 1845) 1845 In these cases a petition for a re-hearing has been presented, which we have attentively considered; the more so, as we desire not even to appear to innovate, in any thing which relates to the contract of insurance. The counsel have not correctly understood us, if they suppose we meant to make the difference between the African slave trade, as it... Most Relevant Cases  
McCargo v. Merchants' Ins. Co. of New Orleans 10 Rob. (LA) 334, Supreme Court of Louisiana (March 01, 1845) 1845 Appeal from the Commercial Court of New Orleans, Watts, J. This was an action to recover $15,200, the insurance upon nineteen slaves, at and from Norfolk to New Orleans, shipped on the brig Creole on the same voyage as those insured in the case of the same plaintiff against the New Orleans Insurance Company, just decided. The policy stipulates that... Most Relevant Cases  
McKeithen v. Butler 2 Rich.Eq. 37, Court of Appeals of Equity of South Carolina (December 01, 1845) 1845 B. removed from this State to Alabama, leaving behind him some unsatisfied judgments and executions. While in Alabama he executed a mortgage to the plaintiff of three slaves, and shortly thereafter clandestinely returned, with the slaves, to this State. After his return he confessed two judgments, under the executions issued on which the slaves... Most Relevant Cases  
McKissick v. McKissick 25 Tenn. 75, Supreme Court of Tennessee (September 01, 1845) 1845 This is a bill to recover a number of negro slaves. The complainants claim by virtue of a deed of gift from Charles Sallard, dated in 1841. The complainants have prosecuted a previous suit for the same slaves, in which they asserted a right to the negroes by virtue of a verbal gift from Charles Sallard to Eleanor, the daughter of the defendant, and... Most Relevant Cases  
Miles v. Allen 6 Ired. 88, Supreme Court of North Carolina (December 01, 1845) 1845 The limitation over, in the bequest in the will of John Lea, of the slave Hannah and her increase, after the death of his daughter, Betsey Evans, to be equally divided between the heirs of my daughter Betsey's body, is, in law, a good limitation over. That was held by this Court in Swain v. Rascoe, 3 Iredell, 200. The remainder men had no right... Most Relevant Cases  
Moore v. McKie 5 Smedes & M. 238, High Court of Errors and Appeals of Mississippi (January 01, 1845) 1845 In the trial of the right of property for slaves, where the claimant was a feme covert, her husband is not a competent witness to testify in her behalf. A father who has made a deed of gift, with warranty, to his daughter, of slaves, for the consideration of love and affection, and of ten dollars cash paid, is a competent witness in her behalf, in... Most Relevant Cases  
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