TitleCitationYearSummaryMost RelevantTypeStatus
Anderson v. Hammond 5 Gill 461, Court of Appeals of Maryland (December 01, 1847) 1847 Under the provisions of the act of 1763, ch. 13, it is essential to the validity of a parol gift of a slave, that there should be an express delivery of the property at the time, and in pursuance, of the gift. The act is not gratified by a constructive delivery, nor by an actual and express delivery, if it does not accompany the gift. APPEAL from... Most Relevant Cases  
Aramynta v. Woodruff 7 Ark. 422, Supreme Court of Arkansas (January 01, 1847) 1847 The probate courts have no jurisdiction touching questions of freedom under any state of case jurisdiction in suits for freedom being vested in the circuit court alone. Appeal from the Circuit Court of Pulaski County. The appellants presented their petition to the probate court of Pulaski county, setting forth that they were slaves of the late... Most Relevant Cases  
AUTHORITY OF THE PRESIDENT CONCERNING IMPORTED SLAVES. 4 U.S. Op. Atty. Gen. 566 (May 12, 1847) 1847   Most Relevant Administrative Decisions & Guidance  
Bank of Hamburg v. Howard & Garmany 20 S.C.Eq. 173, Court of Appeals of Equity of South Carolina (February 01, 1847) 1847 A party indebted to the Bank of Hamburg mortgaged his real estate to secure the payment, and afterwards sold certain negroes to the defendantshe then confessed a judgment to the Bank for the debt secured by the mortgage of the real estate, under which it was sold by the Sheriff and purchased by the Bank. It was subsequently discovered that... Most Relevant Cases  
Bank of State v. Byrd 8 Ark. 152, Supreme Court of Arkansas (July 01, 1847) 1847 A verdict in favor of the interpleader, in an action by attachment, for one of three slaves claimed in the interplea, without a finding for either party as to the other two, is a nullity upon which no valid judgment can be rendered. After such verdict, the interpleader has no right to file a second interplea, as his rights may well be adjudicated... Most Relevant Cases  
Bennehan's Ex'r v. Norwood 5 Ired.Eq. 106, Supreme Court of North Carolina (December 01, 1847) 1847 Where a testator, who died before the passage of the Act of 1830 (Rev. Stat. Ch. 111, Sec. 59,) bequeathed certain slaves to A. and B. in trust that they should enjoy the produce of their own labor: Held, that this bequest was void, and the said A. and B. being the residuary legatees, that the absolute property in the slaves passed to then. Held,... Most Relevant Cases  
Bowling v. Stratton 27 Tenn. 430, Supreme Court of Tennessee (December 01, 1847) 1847 This is an action on the case brought by the heirs at law of John Cheatham, deceased, by their guardian, Wm. K. Bowling, against Thos. Stratton and Joseph M. Swann, for the loss of a negro man named Edmund, hired to them for the year 1845, and never returned. There was a verdict and judgment in the circuit court of Davidson county for the... Most Relevant Cases  
Braddy v. Parker 4 Ired.Eq. 430, Supreme Court of North Carolina (June 01, 1847) 1847 We presume this case has been brought here, for the purpose of obtaining a decree, which, being made in the highest Judicial tribunal, known to the law, will quiet all disputes for the future, as to the title to the negroes in question. There can be no doubt, that the plaintiff is entitled to the relief he seeks. All the facts are admitted, and are... Most Relevant Cases  
Broadwater v. Darne 10 Mo. 277, Supreme Court of Missouri (January 01, 1847) 1847 Although not sufficient of itself to establish that plaintiff, after his brother-in-law's Jeath, had surrendered to his sister and her children, this right to the slaves that he had acquired by the bill of sale, it was legal evidence for that purpose; it showed him to be under the strongest moral obligation to restore the slaves to his widowed... Most Relevant Cases  
Brown v. Forbes 8 Smedes & M. 498, High Court of Errors and Appeals of Mississippi (January 01, 1847) 1847 F. sued B., in action of trover, for the conversion of a female slave. B. pleaded not guilty. Upon the trial it was shown by the evidence, that F. bid off the slave at a sheriff's sale, paid for her with money he borrowed of T., at a store kept by F. & S., in copartnership, and allowed the slave to remain at the store; afterwards S. sold all his... Most Relevant Cases  
Bryan v. Robert 20 S.C.Eq. 334, Court of Appeals of Equity of South Carolina (May 01, 1847) 1847 Where, on the sale of a slave, the purchaser gave his bond with two sureties for the price, and a mortgage of the slave, and then sold the slave to another, who, before the execution of his bill of sale, sold to a third party, who took the bill of sale from the first purchaser, and who again sold to another, and then he to a fifth party, who... Most Relevant Cases  
Burnett v. Meadows' Adm'r 7 B.Mon. 277, Court of Appeals of Kentucky (June 19, 1847) 1847 Case stated. THIS is an action of detinue for a slave, brought by the defendant in error, as administrator de bonis non of Richard Meadows, deceased. Meadows being a resident of Essex county, Virginia, contemplating a removal to the county of Nelson, in this State, died on the route, before he had got out of the county of Essex, after he had, his... Most Relevant Cases  
Bush v. Bush 20 S.C.Eq. 377, Court of Appeals of Equity of South Carolina (December 01, 1847) 1847 Although a trustee, who had recovered a judgment in an action of trover, against the purchaser, for the value of certain slaves of the trust estate, which had been sold by the Sheriff, had, upon their being then levied on as the property of the purchaser, under judgments prior to his own, filed a bill for an injunction, and for the specific... Most Relevant Cases  
Carey v. State 26 Tenn. 499, Supreme Court of Tennessee (April 01, 1847) 1847 The prisoner was indicted and convicted in the commercial and criminal court at Memphis for the crime of negrostealing, and has prosecuted his appeal in error to this court. The indictment contains two counts: the one alleging the property of the negro man slave, the subject of the imputed larceny, to be in the general owner; the other, in the hire... Most Relevant Cases  
Charlotte v. Chouteau 11 Mo. 193, Supreme Court of Missouri (October 01, 1847) 1847 1. By virtue of her mother's birth and residence for several years in Montreal, in Canada, when and where the custom and usage of slavery did not exist, plaintiff claims her freedom. Pierre v. Chouteau, 9 Mo. R. 1; Bac. Abr. title Custom; 1 Blacks. 68, 76 et seq. 424 and cases there cited; Forbes v. Cochran, 9 Com. L. R. 145; 2 Greenl. on Ev. 248.... Most Relevant Cases  
Chipman v. Barron 2 Kelly 220, Supreme Court of Georgia (February 01, 1847) 1847 The following are the facts disclosed in this record. The defendant in error, Wilie Barron, was surety upon a promissory note for one Hugh Lockett, and took from his principal a mortgage upon certain negroes, to secure himself from ultimate loss. Having the debt to pay he foreclosed his mortgage, before the Inferior Court of Monroe County. The... Most Relevant Cases  
Clapp v. Walters 2 Tex. 130, Supreme Court of Texas (January 01, 1847) 1847 Appeal from Montgomery County. A slave, if born in Texas before the date of the promulgation of the constitution of Coahuila and Texas, or introduced into the country within six months from its date, could be held in slavery without any violation of its provisions. [5 Tex. 535; 14 Tex. 53.] Where the jury, by their verdict, assess an amount in... Most Relevant Cases  
Clark's Adm'r v. Rucker 7 B.Mon. 583, Court of Appeals of Kentucky (September 27, 1847) 1847 JOHN CLARK having engaged in a trading adventure with a man by the name of Watts, and apprehending an unfavorable result in their speculation, made to his brother William an absolute bill of sale of all his slaves, for the purpose of placing them out of the reach of his creditors in the event that the expedition in which he had embarked proved... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Com. v. Stout 7 B.Mon. 247, Court of Appeals of Kentucky (June 09, 1847) 1847 Indictment. Emancipation of slaves. ERROR TO THE JEFFERSON CIRCUIT. Case stated. IN 1840 an act was passed to amend the laws regulating civil proceedings, and for other purposes, which contains a section, subjecting to a fine of not less than $500, nor more than $2,000, any person or persons, who shall remove, or attempt to remove from this... Most Relevant Cases  
Copley v. Sanford 2 La.Ann. 335, Supreme Court of Louisiana (March 01, 1847) 1847 Appeal from the Court of Probates of Madison, Downes, J. This appeal is taken from a judgment rejecting an opposition to a tableau of distribution presented by the executor of Mary Chaille, by which one Watson was allowed a privilege as vendor upon the proceeds of the sale of slaves, originally sold by him to the deceased, in Mississippi. Most Relevant Cases  
Craighead v. Hynes 2 La.Ann. 150, Supreme Court of Louisiana (January 01, 1847) 1847 Appeal from the Court of Probates for Iberville, Dutton, J. This was an action for the partition of lands and slaves, in which certain minors were interested. Most Relevant Cases  
De Veaux v. De Veaux 20 S.C.Eq. 283, Court of Appeals of Equity of South Carolina (April 01, 1847) 1847 Slaves, left by testatrix to her son, until her grand children, the heirs of his body, arrive at age or marry, they then to have their portions given them, were held to have been properly distributed under the will, among all the grandchildren, (including those after-born of a second marriage) who were in esse at the time the eldest... Most Relevant Cases  
Devall v. Boatner 2 La.Ann. 271, Supreme Court of Louisiana (March 01, 1847) 1847 Appeal from the District Court of East Baton Rouge, Johnson, J. This was an action to recover from the defendant the amount of two notes, executed by her for the price of slaves sold to her by the plaintiff. The defence was the danger of eviction, from a claim to the slaves set up by a third person. The tutor of the minor heirs of Mary Peirce, late... Most Relevant Cases  
Dodd v. McCraw 8 Ark. 83, Supreme Court of Arkansas (July 01, 1847) 1847 Where a person holds adverse possession of a slave, and a third party obtains judgment and causes execution to issue against the former owner, the statute of limitation in favor of the party in possession is not arrested by the delivery of the execution to the sheriff, but it continues to run until the actual seizure of the property. Every gift,... Most Relevant Cases  
Donnell v. Mateer's Ex'rs 5 Ired.Eq. 7, Supreme Court of North Carolina (December 01, 1847) 1847 The pleadings raise several questions; but there seems to be no difficulty in either of them. That, which is of most consequence to the parties, respects the disposition of the six slaves to Mrs Watson. It is a gift to her for life, and then to her bodily heirs. That has been so often and so recently decided to pass the whole property to the... Most Relevant Cases  
Donnelly v. Donnelly's Heirs 8 B.Mon. 113, Court of Appeals of Kentucky (December 24, 1847) 1847 Marriage. Dower. Limitation. Fraud. ERROR TO THE TODD CIRCUIT. Case stated. IN 1838, Thomas Donnelly died intestate, in the county of Todd, possessed of considerable estate in lands, slaves and personalty. Jane Donnelly and five children, claimed to be his widow and only heirs. Administration was granted upon his estate, and Commissioners appointed... Most Relevant Cases  
Dougherty v. Tracy 11 Mo. 62, Supreme Court of Missouri (October 01, 1847) 1847 This was an action begun by Tracy against Dougherty in a justice's court for $50, the reward allowed by law for apprehending two runaway slaves. Tracy obtained judgment for thirty dollars, and the cause being taken to the Court of Common Pleas, he recovered there judgment for the sum in controversy, from which Dougherty has appealed to this court.... Most Relevant Cases  
Duke v. Routh 2 La.Ann. 385, Supreme Court of Louisiana (April 01, 1847) 1847 Appeal from the District Court of Tensas, Selby, J. This is an action of revendication, to recover certain slaves in the possession of the defendant Routh, and to set aside the order of seizure and sale under which they were sold, and purchased by him. The seizing creditor, the Bank of Alabama, was made a party. The judgment upon which the order of... Most Relevant Cases  
Dunlap v. Hundly 2 La.Ann. 212, Supreme Court of Louisiana (February 01, 1847) 1847 Appeal from the District Court of Madison, Curry, J. The plaintiff enjoined an order of seizure and sale obtained by the defendant Hundly, against the plaintiff, on the record of a judgment rendered in Mississippi. The petition charges in substance: That in the winter or spring of 1837, the petitioner purchased a negro man, Henry, from Thomas... Most Relevant Cases  
Eaton v. Breathett 27 Tenn. 534, Supreme Court of Tennessee (December 01, 1847) 1847 This is an attachment bill filed in the chancery court at Franklin, by the complainant against the defendant, under the provisions of the act of 1836, ch. 43. The bill charges that the defendant is a resident-citizen of the state of Mississippi, and is indebted to the complainant by bill single in the sum of $1,100; that she is the owner of a negro... Most Relevant Cases  
Ellington v. Currie 5 Ired.Eq. 21, Supreme Court of North Carolina (December 01, 1847) 1847 Where a bill seeks to recover slaves, and alleges that a deed for them to the plaintiff's was signed and sealed by the father to whom they belonged, but was never actually delivered, but goes on to state that the deed was duly proved and registered at the instance of the father. Held, that this amounted to a delivery and conveyed the legal title,... Most Relevant Cases  
Ellis v. Commander 20 S.C.Eq. 188, Court of Appeals of Equity of South Carolina (January 01, 1847) 1847 Where the bill alleged, that since the proceedings were instituted, the defendant had sold several negroes claimed as partnership property, and that the complainant had good reasons to believe that defendant intended to sell or remove, beyond the jurisdiction of the court, the remaining negroes, and the answer admitted the sale, and did not deny... Most Relevant Cases  
English v. Tomlinson 27 Tenn. 378, Supreme Court of Tennessee (December 01, 1847) 1847 In 1843 the defendant Tomlinson was the owner of these negroes, a woman, Caroline, and her two children, a girl seven years old and a boy five years old. These negroes having been levied on by virtue of an execution against him, and he being greatly indebted, the said Tomlinson went to Mississippi to see P. H. Hale, who was his brother-in-law, and... Most Relevant Cases  
Evans v. Wells 26 Tenn. 559, Supreme Court of Tennessee (April 01, 1847) 1847 The complainants, children of Martha Evans, deceased, filed this bill for the recovery of certain negroes conveyed by deed of gift from their grandfather, James Jordan, of North Carolina, on the 10th day of November, 1828, to their mother for life with remainder to her children living at her death. The father of the complainants died leaving their... Most Relevant Cases  
Ex parte Boylston 33 S.C.L. 41, Court of Appeals of Law of South Carolina (November 01, 1847) 1847 Insolence of a slave towards a white person is, in this State, an offence for which he may be tried and punished. Most Relevant Cases  
Floyd v. Floyd 7 B.Mon. 290, Court of Appeals of Kentucky (June 10, 1847) 1847 Slaves. Distribution. Devises. Administration. APPEAL FROM THE GARRARD CIRCUIT. IT seems to this Court, that there is no sufficient evidence of a gift or transfer of the slaves Polly and her five children, from John Floyd to Davis Floyd, and that they are to be considered as a part of John Floyd's estate in the hands of Davis Floyd, as his... Most Relevant Cases  
Franklin & C. Turnpike Co. v. Young 27 Tenn. 103, Supreme Court of Tennessee (December 01, 1847) 1847 The bill alleges that the defendant had obtained judgment against the complainant, and had caused execution to be levied on several negroes, a wagon, and some mules, the property of the company, purchased with the profits of the road; and prays that the defendant be enjoined, on the ground that the state has a lien on said property, by the act of... Most Relevant Cases  
Gordon v. Farrar 2 Doug. 411, Supreme Court of Michigan (January 01, 1847) 1847 Whether a person offering to vote at an election, has the requisite qualification as to color or descent (the constitution, art. ii, ยง 1, conferring the right to vote, upon white male citizens only), must, on challenge for the want of such qualification, be inquired into and determined by the inspectors of election. In... Most Relevant Cases  
Graham v. Burckhalter 2 La.Ann. 415, Supreme Court of Louisiana (April 01, 1847) 1847 Appeal from the District Court of Washington, Jones, J. Plaintiffs attached certain slaves belonging to the defendant, a non-resident. The latter obtained the dissolution of the attachment, on the ground that the interest claimed by plaintiffs had been omitted in calculating the amount of the bond. The amount of the bond given was that fixed by the... Most Relevant Cases  
Graham's Ex'r v. Sam 7 B.Mon. 403, Court of Appeals of Kentucky (July 16, 1847) 1847 Wills. Emancipation. Slaves. Dower. APPEAL FROM THE TODD CIRCUIT. Case stated. THIS bill in Chancery was exhibited by Sam and fourteen others, persons of color, some of whom were infants, and sued by Sam as their next friend, against the executor, devisees and heirs, and widow of John Graham, deceased, claiming the benefit of the provision made for... Most Relevant Cases  
Gray v. Hays 26 Tenn. 588, Supreme Court of Tennessee (April 01, 1847) 1847 This is a bill to recover certain slaves which the complainant alleges are in possession of the defendant, and which are his property. The bill states that in 1823 Joel Dyer, a maternal grandfather of the complainant, made a conveyance to Blackman Coleman, as trustee, for the benefit of his daughter, Mary H. Gray, the wife of Henry L. Gray, and her... Most Relevant Cases  
Green v. Thomas 8 Ark. 56, Supreme Court of Arkansas (July 01, 1847) 1847 The appellant filed her petition in the court below, for dower in the lands, slaves, and personal estate of her deceased husband. She made the administrators and heirs, and the Trustees of the Real Estate Bank, and Neely and Menesinger and Underhill, defendants; some of them demurred; some answered; others responded in no way whatever. The case was... Most Relevant Cases  
Grinder v. State 2 Tex. 338, Supreme Court of Texas (January 01, 1847) 1847 Appeal from Fannin County. By the constitution of the republic of Texas, the common law was made the rule of decision in all criminal cases, not provided for by legislative enactment. There is no law known to this court which would subject the owner of a slave, executed for murder, to the payment of the costs incurred in the prosecution of the... Most Relevant Cases  
Hall v. Edrington's Ex'rs 8 B.Mon. 47, Court of Appeals of Kentucky (December 13, 1847) 1847 Fraud. Consideration. Jurisdiction. ERROR TO THE FRANKLIN CIRCUIT. Case stated. EDRINGTON'S executors obtained a verdict and judgment against Hall, in an action of detinue, for a slave named Levi, and four hundred and fifty dollars damages for his detention. The case was brought to this Court by Hall, and the judgment affirmed; but its execution... Most Relevant Cases  
Hardin v. Smith's Ex'r 7 B.Mon. 390, Court of Appeals of Kentucky (June 28, 1847) 1847 Husband and wife. Surcharging settlements. Chancery jurisdiction. TO THE WASHINGTON CIRCUIT COURT. IN 1823, George Smith being then possessed of a tract of land of 100 acres, sixteen slaves, old and young, and some personal property, was found to be a lunatic by a jury in the Mercer Circuit Court. Turner Smith was appointed his committee, and... Most Relevant Cases  
Harding v. Spivey 8 Ired. 63, Supreme Court of North Carolina (December 01, 1847) 1847 A fieri facias binds property from its teste and this lien is continued if regular alias writs of fi. fa. are issued. Therefore where a fieri facias issued against one who was a joint owner of slaves with others, and afterwards, upon the petition of all the joint owners, the slaves were directed by a Court of competent jurisdiction to be sold for a... Most Relevant Cases  
Harmon v. Short 8 Smedes & M. 433, High Court of Errors and Appeals of Mississippi (January 01, 1847) 1847 R. being the owner of a slave, mortgaged him to H., to secure and indemnify him against liability as surety for R.; the slave was left in this state on R.'s plantation; the mortgage was never recorded; R. afterwards in Tennessee sold the same slave to S., who took an absolute bill of sale, and at the time arranged with R. a large portion of the... Most Relevant Cases  
Harper v. Stanbrough 2 La.Ann. 377, Supreme Court of Louisiana (April 01, 1847) 1847 Appeal from the District Court of Carroll, Curry, J. This is an action to recover certain slaves, claimed by plaintiff as the surviving son of one Harper, who died in the State of Mississippi, in the year 1811. His will, dated 9th August, 1811, contains the following bequest: I give to my two sons Jesse and William, all my lands, to be... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Harrison v. Berkley 32 S.C.L. 525, Court of Appeals of Law of South Carolina (May 01, 1847) 1847 For proximate and natural consequences, not controlled by the unforseen agency of a moral being, capable of discretion and left free to choose, or by some unconnected cause of greater influence, a wrong-doer must generally answer, however small was the probability of their occurrence. Where the connexion is not immediate between the injurious act... Most Relevant Cases  
Hickland v. State 8 Blackf. 365, Supreme Court of Indiana (May 01, 1847) 1847 INDICTMENT alleging that a certain negro had come into the State since the 1st of September, 1831, without giving bond, &c., and that the defendant, knowing, &c., had hired him, &c. Held, that the act of 1831, entitled An act concerning free negroes and mulattoes, servants, and slaves, on which the indictment was founded, is not... Most Relevant Cases  
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