TitleCitationYearSummaryMost RelevantTypeStatus
Smith v. Winston 10 Mo. 299, Supreme Court of Missouri (January 01, 1847) 1847 Winston filed a declaration in replevin against Smith, the plaintiff in error, to recover possession of a negro woman named Susan, and having made the affidavit required by our statute, and given the requisite bond, was put in possession of the slave. The defendant pleaded not guilty, and specially that he was a constable of Washington township, in... Most Relevant Cases  
State v. Anthony 7 Ired. 234, Supreme Court of North Carolina (June 01, 1847) 1847 The Court is opinion, that the challenges were properly allowed. It is true, the statutes which give slaves the trial by jury in capital cases, do not specify the qualifications of the jurors, farther than that they shall be owners of slaves; but only require that they shall be good and lawful men, and prescribe that the trial shall be conducted... Most Relevant Cases  
State v. Bierman & Jacken 32 S.C.L. 256, Court of Appeals of Law of South Carolina (January 01, 1847) 1847 Though the mutual agency of partners in an unlawful transaction cannot be implied, yet, if their stock in trade, the furniture and fixtures of the shop and the run of custom, indicate an unlawful trade, and this is confirmed by proof of a sale of spirits to a slave, by one of the partners, the jury may find the assent and guilty participation of... Most Relevant Cases  
State v. Brown 27 Tenn. 89, Supreme Court of Tennessee (December 01, 1847) 1847 The bill of indictment in this case is framed upon the act of 1831, ch. 113, sec. 1, 2. It contains two counts. The first charges that William Brown, grocery-keeper, on, etc., at, etc., unlawfully and knowingly did permit slaves, in unusual numbers, to-wit, ten or more, and at suspicious times and places, to hold an assembly on his lands and... Most Relevant Cases  
State v. Charles 1 Fla. 298, Supreme Court of Florida (January 01, 1847) 1847 The prisoner in this case was indicted at the last October Term of the Circuit Court, holden in and for Hamilton county, under the 39th section of the act 21st November, 1828, entitled An Act relating to crimes and misdemeanors committed by slaves, free negroes and mulattoes, Duval's Comp. 224, for an assault with an intent to commit a rape on... Most Relevant Cases  
State v. Harten 4 Harr. 582, Court of Oyer and Terminer of Delaware (October 01, 1847) 1847 Discharge on a petition for freedom, founded on the illegal exportation of petitioner by his master, is evidence of his freedom, on an indictment for kidnapping him. The general reputation of a kidnapper is evidence of the intent with which defendant aided him in carrying off a free negro. Kent, October term, 1847. On the trial of James Harten, who... Most Relevant Cases  
State v. Jeans 4 Harr. 570, Court of Oyer and Terminer of Delaware (October 01, 1847) 1847 Court.-It was originally considered, though it does not seem to have been adjudged, that in this State persons of color were presumed to be slaves; the presumption being founded as it has been said on the fact, that a large majority of persons of color were slaves. But the fact has long since changed; and it has been repeatedly decided that as a... Most Relevant Cases  
State v. Marley 8 Ired. 48, Supreme Court of North Carolina (December 01, 1847) 1847 From the judgment of a Justice of the Peace on an offence committed by a slave of which he has original jurisdiction, an appeal by the master lies to the County Court, but not from thence to the Superior Court. But the master may, as in other decisions by an inferior tribunal, have the case re-examined in the Superior Court, upon a writ of... Most Relevant Cases  
State v. Miller 7 Ired. 275, Supreme Court of North Carolina (June 01, 1847) 1847 In this State the presumption is, that a black person is a slave. An indictment for trading with a slave in the day time, by selling him spirituous liquor, must negative an order of the owner or manager, as well as a delivery for the owner. But an indictment for selling spirituous liquor to a slave in the night time, need not contain such a... Most Relevant Cases  
State v. Rector 11 Mo. 28, Supreme Court of Missouri (October 01, 1847) 1847 This was an indictment under the 32nd section of the 3rd article of the act concerning Crimes and Punishments. The indictment charged that the defendant, on, &c., at, &c., a certain negro woman slave for life, named Mary, then and there belonging to one William S. S. feloniously and willfully did entice, decoy, and carry away, out of the... Most Relevant Cases  
State v. Rector 11 Mo. 29, Supreme Court of Missouri (October 01, 1847) 1847 This indictment charged that the defendant, on, &c., at, &c., being then and there a negro slave, a certain negro woman slave, named Mary, which said slave Mary, then and there belonging to one W. S. S., unlawfully and feloniously did abduct and entice away from her master, the said W. S. S., contrary, &c. The second court charged... Most Relevant Cases  
State v. Updike 4 Harr. 581, Court of Oyer and Terminer of Delaware (October 01, 1847) 1847 New Castle, May term, 1847. Indictment, kidnapping William Hogans, negro. This case was tried on a previous day of this term; and the jury being unable to agree, after being up all night, were discharged by the Court from rendering a verdict. It now came up again before another jury, and the defendant was convicted. Bayard, jr., moved to arrest... Most Relevant Cases  
State v. Weaks 26 Tenn. 522, Supreme Court of Tennessee (April 01, 1847) 1847 The defendant was indicted in the Henry circuit court for permitting a slave, his property, to trade in spirituous liquors, as if a free person of color. He was found guilty by the jury, and, on motion, the judgment was arrested, and the attorney general, on behalf of the state, appealed to this court. The indictment charges that Benjamin... Most Relevant Cases  
State, to Use of Trapnall & Cocke, v. Hammett 7 Ark. 492, Supreme Court of Arkansas (January 01, 1847) 1847 In an action upon a sheriff's bond, a breach averring that an execution issued from the circuit court of Pulaski county, returnable on the first day of March 1841, came to the hands of the sheriff of Jefferson county on the 18th day of December 1840, that he levied the same upon certain lands, slaves, &c., but did not sell the property, nor have... Most Relevant Cases  
Strader v. Graham 7 B.Mon. 633, Court of Appeals of Kentucky (October 04, 1847) 1847 Depositions. Slaves. Steamboats. APPEAL FROM THE LOUISVILLE CHANCERY COURT. THE facts of this case are sufficiently stated in the opinion rendered when it was formerly in this Court, and reported in 5 B. Monroe, 173. In that opinion the principles applicable to the whole case as then appearing, were carefully considered and fully stated. The case... Most Relevant Cases  
Swigert v. Graham 7 B.Mon. 661, Court of Appeals of Kentucky (October 07, 1847) 1847 Case. Bailments. Actions ex delicto and ex contractu. Parties. Instructions. New trial. ERROR TO THE FRANKLIN CIRCUIT. Case stated. THIS action on the case was brought by Graham against the owners of the steamboat Oliver Anderson, to recover for the loss of Edmund, the plaintiff's slave, who while employed as a hand, hired for the service of the... Most Relevant Cases  
Taylor v. Beale 4 Gratt. 93, Supreme Court of Appeals of Virginia (July 01, 1847) 1847 (Absent Cabell, P. and Brooke, J.) 1. T makes a parol loan of a slave to C; and the slave remains in the possession of C and of C's ex'ors for more than five years; and then T takes possession of him. HELD: The slave may be subjected by the creditors of C, to satisfy their claims. 2. The ex'ors of C having brought an action of detinue for the slave... Most Relevant Cases  
Taylor v. State 26 Tenn. 510, Supreme Court of Tennessee (April 01, 1847) 1847 This is a prosecution on the part of the state of Tennessee, against Marcus Taylor, for the offense of selling spirituous liquors to a slave, under the provisions of the act of 1842, ch. 141. The bill of indictment was preferred in the circuit court of Hardeman county, at the January term, 1846, and charges that the defendant sold spirituous... Most Relevant Cases  
Thompson v. Ford 7 Ired. 418, Supreme Court of North Carolina (August 01, 1847) 1847 Where a slave has been conveyed by deed in trust for the payment of debts, a sale of such slave, under an execution against him who executed such deed, is not valid, at least while any of the debts remain unpaid. The indorsement by such a trustee on the deed, that he had sold (a certain negro) and satisfied the claims mentioned in the within... Most Relevant Cases  
Thompson v. Thompson's Ex'rs 7 B.Mon. 421, Court of Appeals of Kentucky (July 19, 1847) 1847 Case stated. THIS is an action of detinue for a slave, alleged in the plaintiff's declaration to be of the value of four hundred dollars. The defendant, after the service of process, having made default, the Court, without the intervention of a jury, rendered a judgment for the slave, if to be had, if not, then for the sum of four hundred dollars,... Most Relevant Cases  
Tom v. State 27 Tenn. 86, Supreme Court of Tennessee (December 01, 1847) 1847 The proof in this case shows that the prisoner, Tom, is a negro slave; that he absconded from the service of his master, and, while concealed in the woods, fired a pistol charged with shot at one Andrew J. Haley, giving him a severe wound therewith in his right arm. Haley was in the woods, hunting, and came suddenly and unexpectedly upon the... Most Relevant Cases  
Trimble v. Hensley 10 Mo. 309, Supreme Court of Missouri (January 01, 1847) 1847 Trimble and wife brought their action in detinue against Clark's administrator, to recover certain slaves. The evidence shows that Mrs. Trimble was Nancy Bailey, and whilst sole and unmarried, the mother of the slaves in controversy was devised to her and her heirs forever, by her grand-aunt, Sarah Ann Garner, of Woodford county, Kentucky. At the... Most Relevant Cases  
Vason v. Merchants' Bank of Macon 2 Kelly 140, Supreme Court of Georgia (January 01, 1847) 1847 William S. Whitfield, being indebted to the Merchants' Bank of Macon, formerly the Bank of Hawkinsville, by judgments, procured to be made a note by one William H. Hamner, payable to himself, and by him transferred to the said Bank. Whitfield placed two slaves, Rose and Nancy, under the control of Hamner, either as the consideration of the note, or... Most Relevant Cases  
Waller v. Cralle 8 B.Mon. 11, Court of Appeals of Kentucky (December 09, 1847) 1847 Fraud. Creditors and purchasers. Evidence. Authentication of deeds. APPEAL FROM THE HENDERSON CIRCUIT. Case stated. THIS is an action of detinue for several slaves, instituted by the appellee against the appellant. The plaintiff in the action claims the slaves by purchase from Armistead Long, who had married her daughter. At the time of the... Most Relevant Cases  
Wayne v. Myddleton 2 Kelly 383, Supreme Court of Georgia (June 01, 1847) 1847 William Pelot conveyed by deed certain slaves to Levi S. D'Lyon, Esq. in trust, for the sole and separate use of his wife Elvina R. Pelot, during her life, and after her death to her children. There are several children in life; and the deed authorized the cestui que trust, Mrs. Pelot, by and with the advice and consent of her trustee, to sell and... Most Relevant Cases  
Whitaker v. Robinson 8 Smedes & M. 349, High Court of Errors and Appeals of Mississippi (January 01, 1847) 1847 It is impossible, at law, to set off unliquidated damages against a fixed money demand; therefore, to an action on a note, for a fixed sum, an offset cannot be made of the value of a slave of the defendant, alleged to have been converted by the payee of the note to his use. Most Relevant Cases  
Williams v. Avent 5 Ired.Eq. 47, Supreme Court of North Carolina (December 01, 1847) 1847 The testimony sufficiently proves that the negro Henry, claimed by the plaintiffs to have been conveyed to them in the deed of '37, is the same Henry mentioned in that of '24. Benjamin Kimball died in 1840, and this bill was filed in 1845. The principle, upon which the plaintiffs' claim rests, is, that by the deed of 1837, the slave Henry was... Most Relevant Cases  
Williams v. Otey 27 Tenn. 563, Supreme Court of Tennessee (December 01, 1847) 1847 On the 23d day of December, 1826, Robert Parish, by deed of that date loaned to his daughter Jane, wife of Joseph Williams, two negro women, Kitty and Ailsy, during her natural life, but subject to his command at all times; but if he should permit them to remain with her till death, they were then to return to him and be at his disposition. On the... Most Relevant Cases  
Worthington v. Shipley 5 Gill 449, Court of Appeals of Maryland (December 01, 1847) 1847 S. being indebted to W., in 1839, and not having paid that debt, in 1841, made a voluntary conveyance to his daughter of certain negro slaves. The consideration stated in the deed was love and affection, as well as money paid; but no money was in fact paid. There was no proof in the cause tending to prove an express delivery of the slaves, by the... Most Relevant Cases  
Adamson v. Adamson 9 Ark. 26, Supreme Court of Arkansas (January 01, 1848) 1848 The fact that a court has a clerk and a seal, raises the presumption, and is prima facie evidence, that it is a court of record. In an action for the hire of slaves for one year, it is erroneous to instruct the jury that what defendant paid for the same slaves the year previous, is the correct criterion of their valueas the value of slave... Most Relevant Cases  
Alston v. Durant 33 S.C.L. 257, Court of Appeals of Law of South Carolina (February 01, 1848) 1848 The payment of money other than his lawful fees, exacted by the Sheriff, colore officii, as a condition of the delivery of plaintiff's runaway slave- held not to be a voluntary payment, precluding the plaintiff from contesting it afterwards. Where a man, in any capacity, avails himself of the possession of another's goods, to wring from that other... Most Relevant Cases  
Amis v. Satterfield 5 Ired.Eq. 173, Supreme Court of North Carolina (June 01, 1848) 1848 Upon the construction of the marriage articles, we are clearly of opinion, that the defendant's wife had the power to dispose of her slaves during her coverture without the consent of her husband. The intention of the parties is to be collected from the language of the instrument, and that is too plain to be misunderstood. In it there is an express... Most Relevant Cases  
Andrews v. Ormsbee 11 Mo. 400, Supreme Court of Missouri (March 01, 1848) 1848 This is an action of replevin, instituted by defendant in error against plaintiff in error, in the St. Louis Circuit Court, to the November term, 1845, for a negro girl named Maria. The plaintiff in error, defendant below, pleaded the general issue. The defendant in error obtained a verdict; and the jury assessed his damages at $944. But on the... Most Relevant Cases  
Bailey v. Wagner 21 S.C.Eq. 1, Court of Appeals of Equity of South Carolina (January 01, 1848) 1848 The testator, after making a bequest of slaves, sold one of them in his life timeheld that the sale was, pro tanto, an ademption of the legacy. Testator made a bequest of $8000, to the children of his grandson, such part of which, as might be necessary, to be applied in payment of a loan which had been made for the benefit of their mother's... Most Relevant Cases  
Baldwin Tp. Poor Overseers v. Kline 9 Pa. 217, Supreme Court of Pennsylvania (September 01, 1848) 1848 One who has used the services of a negro as a reputed slave is liable to the township for her support, when she becomes chargeable as a pauper. But he is not liable for the value of the services of the negro. The overseers of the poor may sue in that name. IN error from the District Court of Allegheny. The overseers of the poor of Baldwin township... Most Relevant Cases  
Baldwin v. Conger 9 Smedes & M. 516, High Court of Errors and Appeals of Mississippi (January 01, 1848) 1848 The case of Wharton v. Conger, (supra, p. 510,) cited and confirmed. Where the sheriff returned on a writ of attachment, levied this attachment on the following named slaves, &c., it was held, that by the word levied, must be understood a legal levy, which included a seizure of the property. Where a motion to quash an attachment, was... Most Relevant Cases  
Baldwin v. Johnston 8 Ark. 260, Supreme Court of Arkansas (January 01, 1848) 1848 After the passage of the Act of December 28, 1840, slaves remained pesonalty for all purposes except those specified in the act. Judgments, therefore, did not become a lien upon slaves from the day of the rendition of the judgment: they became charged with the lien, as other personal property, from the time the execution came into the hands of the... Most Relevant Cases  
Bates v. Woolfolk 5 Ga. 329, Supreme Court of Georgia (July 01, 1848) 1848 [1.] Where a testator bequeathed to his wife a certain negro slave, so long as she should reside on a particular plantation, and made no other disposition of her, and the negro was duly distributed to the legatees under the will: Held, that an administrator de bonis non, with the will annexed, could not recover possession of the negro after the... Most Relevant Cases  
Belfour v. Raney 8 Ark. 479, Supreme Court of Arkansas (January 01, 1848) 1848 The motion for a new trial should have been sustained. The plaintiff fully proved the rendition of the medical services to the negro man Orange. Although there was no express promise, one was clearly implied from the circumstances. The physician was called upon to visit the patient; having attended the intestate in his last sickness, he might... Most Relevant Cases  
Blair v. Dade's Ex'r 9 B.Mon. 61, Court of Appeals of Kentucky (December 30, 1848) 1848 Case stated. IN September, 1826, William Mayo, the father of Mrs. Ann Dade, wife of Lawrence T. Dade, executed a deed to Robert A. Mayo, as trustee, in which he conveyed to him a slave named Ellen, to hold in trust for the separate use of his daughter, Ann Dade and her children, during the life of her husband, at whose death the slave was to belong... Most Relevant Cases  
Boone v. Lyde 34 S.C.L. 77, Court of Appeals of Law of South Carolina (May 01, 1848) 1848 The fact of an overseer having snapped his gun at the negro of his employer, with the intention to shoot, merely because the negro ran when he was about to whip him, was held to be sufficient cause to justify the employer in putting an end to his written contract with the overseer, which stipulated that he was to govern the negroes with humanity... Most Relevant Cases  
Bradley v. State 1 Morr.St.Cas. 416, High Court of Errors and Appeals of Mississippi (January 01, 1848) 1848 An indictment, which charges the accused with an assault and battery, with a deadly weapon upon a certain slave, with the intent to commit manslaughter, can be construed to be an indictment for only an aggravated assault. It is not an indictment for an assault with intent to kill, by which is understood and has been held, an intent to... Most Relevant Cases  
Brooke v. Waring 7 Gill 5, Court of Appeals of Maryland (December 01, 1848) 1848 Where the bill of exceptions presents to the county court no question upon the pleadings, none is presented here. In such cases, the questions to be decided arise upon the proof, without reference to the pleadings, which are assumed to be correct. B sold to W a slave, and received one hundred dollars on account of the purchase money. The slave was... Most Relevant Cases  
Brooks v. Penn 21 S.C.Eq. 113, Court of Appeals of Equity of South Carolina (May 01, 1848) 1848 A husband purchased negroes and paid a part of the purchase money, taking the bill of sale to his wife's trustee, without having him named in it as such; the trustee subsequently paid the balance due out of the proceeds of the wife's trust property; afterwards, upon the sale of the husband's whole estate by the Sheriff, it was announced that these... Most Relevant Cases  
Butler v. Hicks 11 Smedes & M. 78, High Court of Errors and Appeals of Mississippi (November 01, 1848) 1848 It seems that, from the peculiar character of slave property, a bill in chancery will lie to recover it; therefore that court will have jurisdiction of a bill, in behalf of a trustee and his cestui que trust of slaves, to recover them in specie from the possession of one claiming them as a derivative vendee from an alleged purchaser under the deed... Most Relevant Cases  
Cantrell v. Pinkney 8 Ired. 436, Supreme Court of North Carolina (August 01, 1848) 1848 Where a person resides in another State during the greater part of the year, but has a domicil ??n this State in which he also resides three or four months of the year, during which he keeps slaves here, he is liable during the time he resides in this State, to the requisition of the overseer of the road for the services of those hands, being of... Most Relevant Cases  
Carroll v. Brumby 13 Ala. 102, Supreme Court of Alabama (January 01, 1848) 1848 The plaintiffs contend that the testator intended a legacy to the slaves, to wit, their freedom--but as the laws of this State prohibit this, and they cannot take this legacy, or bequest, for want of legal capacity; that the testator died intestate as to his slaves, and therefore their services, and the slaves themselves, are liable to pay the... Most Relevant Cases  
Carter v. Burris 10 Smedes & M. 527, High Court of Errors and Appeals of Mississippi (January 01, 1848) 1848 A bill of sale of a slave absolute on its face may be shown by parol proof to be a mere mortgage for the security of money due by the vendor to the vendee. The admission of the vendee that an absolute bill of sale of a slave held by him was not absolute, but the vendor was to have the slave when he paid the vendee the amount due him, coupled with... Most Relevant Cases  
Caston v. Cunningham 34 S.C.L. 59, Court of Appeals of Law of South Carolina (May 01, 1848) 1848 Where one disposes of his property by a voluntary deed, and afterwards sells the same property to one who had no notice of the gift, for a valuable consideration, the gift is void. The defendant purchased several negroes, which had been levied on, from one who had previously, by a voluntary deed, given them to another, reserving the life estate.... Most Relevant Cases  
City of Memphis v. Winfield 27 Tenn. 707, Supreme Court of Tennessee (April 01, 1848) 1848 This is a suit brought before a justice of the peace by Willie Winfield, a free negro, against the corporation of Memphis, to recover back $10 paid by him to the corporation by duress and false imprisonment, under an illegal order by the corporation. It appears by the case agreed that on the 18th of March, 1839, the corporation of Memphis passed an... Most Relevant Cases  
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