TitleCitationYearSummaryMost RelevantTypeStatus
Morris v. Dillard 4 Smedes & M. 636, High Court of Errors and Appeals of Mississippi (January 01, 1845) 1845 A slave belonging to D. was sold under a judgment against him, and purchased by the friends of D.'s wife, who had the title made to her; M. afterwards obtained judgment against D., and had the slave sold under it, which was purchased by W.; D. and wife filed a bill, impleading W. and M., asserting the wife's title to the slave, and praying for a... Most Relevant Cases  
Morrow v. Hatfield 25 Tenn. 108, Supreme Court of Tennessee (December 01, 1845) 1845 This is an action of detinue commenced by Samuel Hatfield, administrator, against David McGowan, in his lifetime, and revived, after his death, against his administrator for certain negroes, which are claimed by the plaintiff below as part and portion of the estate of his intestate. The defence relied upon is the statute of limitations. The... Most Relevant Cases  
Morrow v. Shepherd 9 Mo. 214, Supreme Court of Missouri (January 01, 1845) 1845 Willis B. Morrow brought an action in the Circuit Court of Howard county, against James Shepherd, to recover two slaves claimed by Morrow. Benjamin Harrison was security for Morrow on the bond, which the statute required him to give before the execution of the writ of replevin. The Circuit Court gave judgment in favor of Shepherd, to recover... Most Relevant Cases  
Murphy v. Moore 4 Ired.Eq. 118, Supreme Court of North Carolina (December 01, 1845) 1845 The defendants have denied, in their answers, any knowledge of any trust in the slaves for William McGee, created by Thomas McGee, Sen. either by any secret or public agreement with his daughter Elizabeth, or any one else. They furthermore deny any belief that such a trust was ever created or intended. Elizabeth Moore, (formerly McGee,) denies... Most Relevant Cases  
Nations v. Alvis 5 Smedes & M. 338, High Court of Errors and Appeals of Mississippi (November 01, 1845) 1845 The writ of habeas corpus, allowed by statute for the recovery of the possession of a slave, when taken or seduced out of the possession of the master, overseer, or owner, by force, stratagem, or fraud, and unlawfully detained in the possession of another, applies only in cases where the circumstances which warrant the writ have occurred within the... Most Relevant Cases  
Nelson v. Whetmore 1 Rich. 318, Court of Appeals of Law of South Carolina (January 01, 1845) 1845 Uunder counts, in action on the case, which alleged that defendant, well knowing F. to be the slave of plaintiff, unlawfully enticed and procured him to departone count said from his masters service, the other from his possession. Held, that proof that F. had run away, and that defendant had procured him to continue absent from the... Most Relevant Cases  
Parris v. Jenkins 2 Rich. 106, Court of Appeals of Law of South Carolina (December 01, 1845) 1845 Where a party's act is given in evidence as raising a presumption unfavorable to his rights, he may shew that he did the act in consequence of a negro's declarations, and, by way of explaining the act, shew what those declarations were. The declarations of a negro may be given in evidence, when they constitute a part of the res gestae. Most Relevant Cases  
Patterson v. Edwards 2 Gilman 720, Supreme Court of Illinois (December 01, 1845) 1845 This was an action of slander, brought by Edwards and wife against Patterson and wife in the Mason circuit court. The declaration, after the usual inducements of good character, etc., charges defendant's wife with having spoken the following words: Mrs. Edwards (meaning said plaintiff's wife) has raised a family of children by a negro, and I... Most Relevant Cases  
Peterson v. Webb 4 Ired.Eq. 56, Supreme Court of North Carolina (December 01, 1845) 1845 A. being about to be married, conveyed certain slaves to a trustee, in trust for herself and future husband during their joint lives, and, if she survived her husband, to her use only; if he survived her, then to such person or persons as she might bequeath them to by will, and, if she made no will, then to the use of the husband for life,... Most Relevant Cases  
Pollard v. Hagan 44 U.S. 212, Supreme Court of the United States (January 01, 1845) 1845 The stipulation contained in the 6th section of the act of Congress, passed on the 2d of March, 1819, for the admission of the state of Alabama into the union, viz.: that all navigable waters within the said state shall for ever remain public highways, free to the citizens of said state, and of the United States, without any tax, duty, impost, or... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Porter v. Doby 2 Rich.Eq. 49, Court of Appeals of Equity of South Carolina (December 01, 1845) 1845 Testator bequeathed as follows. I will and desire that my negroes and other personalty be placed in the hands of J. D. upon trust and condition that he apply the proceeds of the negroes to the maintenance and support of my son Edmund and daughter Susannah, during their natural lives; and after the death of the said Edmund, I will and bequeath... Most Relevant Cases  
Prior v. Matthews 9 Mo. 267, Supreme Court of Missouri (July 01, 1845) 1845 This was a bill in chancery filed by Matthews, appellee, against Prior and others, heirs and distributees of Katharine Newly, formerly Katharine Potts. The father of Katharine Potts gave her a female slave to hold during her life, and after her death to her children. The slave was delivered to Katharine, and continued in her possession until she... Most Relevant Cases  
Randal v. State 1 Morr.St.Cas. 254, High Court of Errors and Appeals of Mississippi (January 01, 1845) 1845 It is a settled principle of law, that if one lose his goods and another find them and convert them to his own use, not knowing the owner, it is not larceny. But if the latter knew the owner, or had the means of knowing him, it would be larceny. The laws of this state presume a negro, prima facie, to be a slave, and make it the duty of every... Most Relevant Cases  
Rea v. Alexander 5 Ired. 644, Supreme Court of North Carolina (June 01, 1845) 1845 The bill of sale for the slaves was absolute and was not registered for eighteen months after it was given. The slaves were left by the vendee in the possession of the vendor, who was then very much in debt, and soon became insolvent. The vendee, much in debt, was the mother-in-law of the vendor. The sale was made in a secret manner, no person... Most Relevant Cases  
Redden v. Spruance 4 Harr. 217, Superior Court of Delaware (April 01, 1845) 1845 Stage proprietors are liable to the master of a slave for taking him as a passenger, knowing him to be a slave, and thus aiding his escape. And they are bound to inquire with due diligence into the condition of colored passengers. Suspicious circumstances, notice, &c., require the utmost diligence. A colored man presenting himself in the night at a... Most Relevant Cases  
Robert v. Melugen 9 Mo. 170, Supreme Court of Missouri (January 01, 1845) 1845 Robert, a person of color, brought his suit for freedom, against Samuel Melugen, in the Circuit Court of Jasper county. Judgment being given against him there, he appealed to this court. On the trial of the cause, evidence was given that James Pharis, then deceased, who had claimed the plaintiff as his slave, and of whom this defendant is... Most Relevant Cases  
Robertson v. Sublett 25 Tenn. 313, Supreme Court of Tennessee (December 01, 1845) 1845 It appears from the records that E. A. King, being indebted to various persons, the complainants in this suit, for the payment of which debts the defendant Sublett was his surety, and being also indebted to the defendant McElroy, made a conveyance of a negro girl and various articles of merchandise to McElroy in trust, reciting all said debts; and,... Most Relevant Cases  
Rowland v. Mann 6 Ired. 38, Supreme Court of North Carolina (December 01, 1845) 1845 This is an action of replevin to recover two negroes. The only plea, the general issue, which is non cepit modo et forma. On the trial below, it was insisted by the defendants, that the plaintiff had not shewn any title to the negroes in himself. If it had been his intention to put in issue that question, he ought to have pleaded title in himself,... Most Relevant Cases  
Saunders v. Kastenbine's Ex'r 6 B.Mon. 17, Court of Appeals of Kentucky (September 11, 1845) 1845 The case stated. SAUNDERS, a man of color, exhibited this bill in Chancery against the executor and devisees of Charles Kastenbine, alleging a purchase from the latter, in his lifetime, of a slave by the name of Matilda, the wife of complainant, and upon the following terms: that he was to pay the purchase money, which was $400, in monthly... Most Relevant Cases  
Sherman v. Barrett 1 Rich. 457, Court of Appeals of Law of South Carolina (May 01, 1845) 1845 Where a suggestion, contesting a garnishee's return, alleged in substance, 1. That the garnishee had, at the suing out the attachment, certain slaves belonging to absent debtor2. That the absent debtor had fraudulently conveyed the slaves to the garnishee, and the verdict found that the absent debtor had fraudulently conveyed the slaves to... Most Relevant Cases  
Skinner v. Barrow 5 Ired. 414, Supreme Court of North Carolina (June 01, 1845) 1845 We agree with his Honor, who tried this cause below. Alfred S. Barrow, the husband of the defendant, was alive when Mrs. Moore died without issue. The executory devise over of the slaves had then become vested bequests to her brother and two sisters. Alfred S. Barrow, in right of his wife Martha, was then a tenant in common in possession of the... Most Relevant Cases  
Smith v. Hogg 2 Rich. 86, Court of Appeals of Law of South Carolina (December 01, 1845) 1845 A defendant arrested under a ca. sa. issued for damages recovered in an action of trespass quare clausum fregit, is entitled to the benefit of the prison bounds Act. The terms damages done to the freehold in the 8th section of the insolvent debtors Act, 4 Stat. 91, mean damages in the nature of waste, committed by a tenant for life,... Most Relevant Cases  
State Bank v. Williams 6 Ark. 156, Supreme Court of Arkansas (July 01, 1845) 1845 Abstract principles of law, inapplicable to the facts of a case, should not be given in charge to the jury. But if given, the party in whose favor they operate cannot object to them. To instruct a jury that the uninterrupted possession of a slave for the space of five years gives the possessor the right of property unless there is some note,... Most Relevant Cases  
State v. Cozens 6 Ired. 82, Supreme Court of North Carolina (December 01, 1845) 1845 An indictment against a free person of color, which charges, that he did buy of, traffic with, and receive from a certain negro slave, &c. one peck of corn, &c. is good, although the Act making the offence of a free person of color dealing with a slave, only uses the words if he shall trade with any slave, either by buying of... Most Relevant Cases  
State v. Curtis 24 Tenn. 601, Supreme Court of Tennessee (April 01, 1845) 1845 The indictment in this case has fifteen counts. In the fourth count the defendant is charged with feloniously harboring and concealing a slave, Mary, the property of John S. Curtis, with intent to deprive him, the true owner, of the said slave. The defendant was put upon his trial the February term, 1844, of the Shelby circuit court; and after the... Most Relevant Cases  
State v. Post 20 N.J.L. 368, Supreme Court of Judicature of New Jersey (January 01, 1845) 1845 1. The relation of master and slave existed by law, when the present constitution of the State of New Jersey was adopted. 2. That constitution has not destroyed that relation, abolished slavery, or affected the laws in relation to that subject existing at the time of its adoption. Two writs of habeas corpus were sued out and returned to the May... Most Relevant Cases  
State v. Stein 1 Rich. 189, Court of Appeals of Law of South Carolina (January 01, 1845) 1845 An indictment, under the Act of '21, for harboring a slave, is not barred, because a civil action for the same offence was first commenced, and is pending at the trial of the indictment. Under the Act the defendant may be proceeded against criminally and civilly, at the same time, but the prosecutor will be put to his election which case to try; or... Most Relevant Cases  
Stone v. Hedges' Trustees 6 B.Mon. 169, Court of Appeals of Kentucky (October 13, 1845) 1845 THE testimony does not very satisfactorily establish a parol gift of the slave in controversy, by Samuel Hedges to Stone or to his wife, who was the daughter of Hedges. But even conceding that fact, we are of opinion Stone has failed in the proof of other facts, which were requisite to sustain his claim to the slave. According to the construction... Most Relevant Cases  
Strider v. Reid's Adm'r 2 Gratt. 38, Supreme Court of Appeals of Virginia (April 01, 1845) 1845 The Court is of opinion, that the contract, as understood by both parties, and as appears from a true construction of the agreement between them, was a conditional sale of the slave, at a price to be fixed by a fair valuation at a future day; that the mode of ascertaining the price, was for the benefit of the seller; and in this aspect the case is... Most Relevant Cases  
Studdert v. Hassell 25 Tenn. 137, Supreme Court of Tennessee (December 01, 1845) 1845 This is an action of debt for $500 with a count in detinue for a negro man slave. Judgment by default was taken, and that final, and damages to the amount of $310 were given, when no damages were counted for, and greatly less than that due even, if they had been demanded. That is a plain error, but it would be corrected here. A more general... Most Relevant Cases  
Succession of Packwood 12 Rob. (LA) 366, Supreme Court of Louisiana (December 01, 1845) 1845 Two principal questions have been discussed by the learned counsel for the appellees, in their petition for a re-hearing. 1. What is the legal effect of the cancelling of the sale, from Samuel Packwood to David Stewart, on the restitution of the notes given for the price of the undivided half of the plantation and slaves, in the parish of... Most Relevant Cases  
Thompson v. Nesbit 2 Rich. 73, Court of Appeals of Law of South Carolina (December 01, 1845) 1845 Plaintiff and defendant bargained about the sale of a negro Plaintiff asked one thousand dollars, and defendant was willing to give that price, but could not pay cash. Plaintiff was willing to give any time that defendant wanted, if he could have the price increased by the addition of ten per cent. per annum, until payment. After consultation as to... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Throckmorton v. Lewellin 5 B.Mon. 585, Court of Appeals of Kentucky (July 04, 1845) 1845 Slaves. Emancipation. Specific performance. APPEAL FROM THE LOUISVILLE CHANCERY COURT. The case stated. THIS is a suit instituted in Chancery by Jinny Lewellin, a free woman of color, and her daughter, Mary Adams, and her three children, against Throckmorton and Russell, to enforce specifically the emancipation of Mary Adams and her three children,... Most Relevant Cases  
Trapnall v. Hattier 6 Ark. 18, Supreme Court of Arkansas (January 01, 1845) 1845 Hattier brought his action of replevin in the cepit and detinet in the Circuit Court of Pulaski county against Trapnall for the recovery of the negro man slave named in the declaration. Trapnall filed three pleas: non cepit, property in himself, and that the plaintiff's cause of action did not accrue within two years next preceding the... Most Relevant Cases  
U.S. v. Flowery 1 Spr. 109, District Court, D Massachusetts (August 01, 1845) 1845 Peter Flowery was indicted under the statute of 1818 [3 Stat. 450], for causing a vessel, called the Spitfire, to sail from the port of New Orleans, with intent to employ her in the slave trade. The jury returned a verdict of guilty, and his counsel now move for a new trial, for several causes. The most important, and that which has been pressed... Most Relevant Cases  
Vanleer v. Fain 25 Tenn. 104, Supreme Court of Tennessee (December 01, 1845) 1845 This is an action of trespass on the case, for the loss of a negro, under the following circumstances: The negro was hired, in the town of Nashville, at public aution, by the agent of the defendant. The terms of the hiring were proclaimed by the auctioneer at the time of the hiring, and were that the hirer should give bond and security for the... Most Relevant Cases  
Vincent v. Ashley 24 Tenn. 593, Supreme Court of Tennessee (April 01, 1845) 1845 A bill was filed by the defendants against the complainant, in the county of Weakley, to recover certain slaves in his possession and claimed by them; whereupon this bill was filed, charging a champertous agreement between the Ashleys and one J. Rogers, by which he (Rogers), in consideration of a portion of the property to be recovered, undertook... Most Relevant Cases  
Waddill v. Martin 3 Ired.Eq. 562, Supreme Court of North Carolina (June 01, 1845) 1845 Where a planter had been in the habit of permitting his slaves to cultivate patches of corn, cotton, &c. and of selling the product and paying over to them the proceeds, and where he died while the crop was under cultivation; Held, that the executor was justified in pursuing the same course as to such crop, and in paying the proceeds to the slaves.... Most Relevant Cases  
Walker v. Frazier 2 Rich.Eq. 99, Court of Appeals of Equity of South Carolina (December 01, 1845) 1845 In 1799, R. G. died intestate, leaving a widow and six children, all by her. In 1800, the widow and her brother were appointed to administer the estate, and in 1801 they sold, as his property, certain slaves. In 1802, these slaves were conveyed by the father of the widow to her for life, with remainder to the children which she then had or might... Most Relevant Cases  
Walters v. Walters 5 Ired. 435, Supreme Court of North Carolina (June 01, 1845) 1845 It is obvious, that it was material to the defendant to establish, upon the trial, a bargain for the slave for a valuable consideration paid or secured, as there was no conveyance by deed and no delivery. For although a consideration was acknowledged in the bill of sale, yet that was not conclusive, as the instrument was itself but a parol... Most Relevant Cases  
Watson v. Boatwright 1 Rich. 402, Court of Appeals of Law of South Carolina (May 01, 1845) 1845 Where property is sold with an understanding that it is unsound from any cause, and in consequence of such understanding it sells for less than it would otherwise have brought, there shall be no general implication of warranty; and in every such sale, the vendor shall be held free from liability, unless he has been guilty of deceit, or such false... Most Relevant Cases  
Williams v. Alexander 4 Ired.Eq. 207, Supreme Court of North Carolina (December 01, 1845) 1845 The compromise of a doubtful right, fairly entered into, with due deliberation, will be sustained in a Court of Equity. Cause removed from the Court of Equity of Mecklenburg County, at the Fall Term, 1845. The following was the case: The plaintiff charges. that her mother, Catharine Simmons, in 1822, conveyed to her, by deed of gift, a negro girl... Most Relevant Cases  
Winfrey v. Williams' Ex'rs 5 B.Mon. 428, Court of Appeals of Kentucky (June 09, 1845) 1845 Mortgages. Equities of redemption. ERROR TO THE ADAIR CIRCUIT. The case stated. IN August, 1837, Warner W. Williams mortgaged a house and lot, several slaves, and other property, to his father, Daniel Williams, John E. Atkinson, Josiah Williams, William P. Williams and Randolph Robertson to secure certain debts, and indemnify the mortgagees, as his... Most Relevant Cases  
Withers v. Yeadon 1 Rich.Eq. 324, Court of Appeals of Equity of South Carolina (March 01, 1845) 1845 Testator devised his real estate and negroes to his son G. W. in trust, (1) to apply the rents, issue and profits, to the use of himself and family, and the education of his children; and (2) to give or devise by deed or will, the said property, (and the rents, issues and profits thereof, over and above what he should apply to the uses aforesaid)... Most Relevant Cases  
Wood v. Cruisman 25 Tenn. 279, Supreme Court of Tennessee (December 01, 1845) 1845 On the 5th day of September, 1842, the complainant, Horatio Wood, purchased of Jesse Harrison a negro boy, Bill. Some time in the year 1842 Galbreath, Cromwell & Co. recovered a judgment, before a justice of the peace in the county of Montgomery, against one William Rogers, which was stayed by the said Jesse Harrison. Galbreath, Cromwell & Co. were... Most Relevant Cases  
Wynn v. Carrell 2 Gratt. 227, Supreme Court of Appeals of Virginia (July 01, 1845) 1845 (Absent Brooke, J.) 1. The law does not recognize any condition of persons between freedom and slavery. 2. A testator bequeaths a female slave to his daughter, not as a bound slave, but to be under her care and tuition; to receive wages for her labour. And if she should have children, for them to come under the same regulation, after they pay for... Most Relevant Cases  
Yeatman v. Hart 25 Tenn. 375, Supreme Court of Tennessee (December 01, 1845) 1845 This is an action on the case brought by the defendant in error against the plaintiffs in error for the value of a negro slave which he had hired to them, and which slave, it is alleged, by their negligence, had sickened and died. The proof is that the slave had been employed on board a steamboat, where he became sick with a disease of the bowels,... Most Relevant Cases  
Young v. Stallings 5 B.Mon. 307, Court of Appeals of Kentucky (April 17, 1845) 1845 THIS bill impeaches as fraudulent, a sale of three negroes, made by Woodward, a debtor of the complainant's, to his sister-in-law, Milly F. Stallings, and prays that said slaves be subjected to the satisfaction of the demands against Woodward, set up in the bill. The alleged fraud is denied by the answers; and the bill having been dismissed, the... Most Relevant Cases  
Adams v. Childers 10 Mo. 778, Supreme Court of Missouri (July 01, 1847) 1847 Moss, the intestate of the defendant in error, hired a negro girl of Dedrick Hunor, for the year 1844; afterwards, during that year, Moss died, and his administrator, the defendant in error, hired out the girl for the remainder of the year to the plaintiff in error, who, by his ill-treatment and inhumanity, caused the death of the girl. The... Most Relevant Cases  
Amis v. Amis 7 Ired. 219, Supreme Court of North Carolina (June 01, 1847) 1847 The proceedings in this case do not authorise the Court to decide the questions, raised and decided in the Superior Court. The petition seems to have been drawn upon the idea, that it would lie under the act of 1829 for the partition of slaves or other personal chattels; and the decree, we suppose, proceeded upon the same notion. But that act... Most Relevant Cases  
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