TitleCitationYearSummaryMost RelevantTypeStatus
Coby v. Kock 3 La.Ann. 439, Supreme Court of Louisiana (May 01, 1848) 1848 Appeal from the Third District Court of New Orleans, Kennedy, J. This is an action to recover from the defendant damages for illegally holding the plaintiff as a slave. The petition was filed on the 6 April, 1846. The defendant answered that. about the 18 June, 1844, he purchased, by a notarial act, from one Miesegaes a negro, the plaintiff, whom... Most Relevant Cases  
Cole v. Com. 5 Gratt. 696, General Court of Virginia (December 01, 1848) 1848 (Absent Field and Scott, J's.) 1. An indictment for advising slaves to escape from their masters, charged that they were the property of E L. Proof that they were the property of an estate of which E L was executrix, will sustain the indictment. 2. In such case it is improper to admit evidence to prove that the prisoner was guilty of advising the... Most Relevant Cases  
Commercial Bank v. Waters 10 Smedes & M. 559, High Court of Errors and Appeals of Mississippi (January 01, 1848) 1848 An equity of redemption in slaves is not the subject of execution; a levy, therefore, on such equity should be set aside. A supersedeas is not the proper remedy for the violation, by a plaintiff in execution, of an injunction against the issuance of execution; the proper corrective is by an attachment against the party, or his attorney, for... Most Relevant Cases  
Cooper v. City of Savannah 4 Ga. 68, Supreme Court of Georgia (January 01, 1848) 1848 [1.] Free persons of color are not citizens as contemplated by the Constitution and laws of this State. [2.] A tax imposed by the corporate authorities of the city of Savannah, of one hundred dollars on free persons of color, who may remove from any part of this State, to reside in the city-who have no visible property, must be collected by hiring... Most Relevant Cases  
Coor v. Grace 10 Smedes & M. 434, High Court of Errors and Appeals of Mississippi (January 01, 1848) 1848 In an action of assumpsit on the common counts for money loaned, the written acknowledgment of the defendant, that he has received a specified sum from the plaintiff, in consideration of which he sells him a slave, the sale to be void on the repayment of the money at a specified time, is competent evidence to sustain the count. Such writing proved... Most Relevant Cases  
Cornish v. Willson 6 Gill 299, Court of Appeals of Maryland (June 01, 1848) 1848 Upon the trial of a petition for freedom, the petitioner offered in evidence the will of his master--proof of his identity, and his right to freedom, according to the terms of the will. The defendant then proved, that the executors took upon themselves the duty of administration; copies of their letters and bond; inventory of the personal estate,... Most Relevant Cases  
Couch's Heirs v. Couch's Adm'r 9 B.Mon. 160, Court of Appeals of Kentucky (January 18, 1848) 1848 Case stated in the bill. IN 1823, Marshall J. Couch executed to a trustee, for the benefit of his brother, John Couch, a deed conveying several slaves, and a considerable amount of personal property. The object of the deed, as expressed on its face, was to protect and indemnify John Couch from all loss on account of his liability and engagements as... Most Relevant Cases  
Crawley v. Littlefield 34 S.C.L. 154, Court of Appeals of Law of South Carolina (November 01, 1848) 1848 Where plaintiff's intestate had made a conditional sale of certain slaves to defendant, and after condition broken, there had been no demand on the part of the intestate, nor assertion of right on the part of defendant, it is plain that the Statute of Limitations could not begin to run in favor of defendant's possession, in the lifetime of the... Most Relevant Cases  
Cross' Curatrix v. Cross' Legatees 4 Gratt. 257, Supreme Court of Appeals of Virginia (January 01, 1848) 1848 The Court is of opinion, that although the appellees might have maintained an action at law for the recovery of the slaves in the proceedings mentioned, upon the death of Fleming B. Cross, yet, as some of the slaves had been disposed of by the said Fleming B. Cross in his lifetime, it was competent for the appellees to proceed in chancery against... Most Relevant Cases  
Cully v. Jones 9 Ired. 168, Supreme Court of North Carolina (December 01, 1848) 1848 Where on petition of an executor, in pursuance of the directions of his testatrix, an order was passed in 1805 by the County Court, that the said executor have leave to emancipate his said slave, he first giving bond and security as required by law, and the bond was not given till 1816, and ever since that order, until the year 1846,... Most Relevant Cases  
Curle v. Curle's Adm'r 9 B.Mon. 309, Court of Appeals of Kentucky (July 05, 1848) 1848 Case stated. ABOUT 1835, Clayton Curle, as the father and natural guardian of his infant daughter, Mary C. Curle, obtained possession of a large estate in land and slaves, and money, to which she became entitled, upon the death, and as heir at law of her half brother, Robert Boggs. In 1843, Curle died insolvent, his daughter still being an infant,... Most Relevant Cases  
Davis v. Tingle 8 B.Mon. 539, Court of Appeals of Kentucky (July 26, 1848) 1848 Slaves. Emancipation. Dower. APPEAL FROM THE MASON CIRCUIT. Case stated. IN 1788, a slave named Harriet, then a small girl, belonging to the estate of John Ball, deceased, was allotted to the widow of the decedent as dower. The allotment was made by the County Court of Faquier county, Virginia. The widow removed to Kentucky about the year 1796. In... Most Relevant Cases  
Davis v. Whitridge 33 S.C.L. 232, Court of Appeals of Law of South Carolina (January 01, 1848) 1848 If one unlawfully attempt to dispossess another of his property, he may be repelled with such force as is necessary to maintain possession. If the possession of one's property be in another, the owner may take possession, if he can do so without tumult or riot, or breach of the peace. The owner of slaves may lawfully employ them to assist him in... Most Relevant Cases  
Dean v. Davis 12 Mo. 112, Supreme Court of Missouri (July 01, 1848) 1848 1st. The appellee had neither a property general, nor special in the slaves, Stephen and John, that would authorize him to recover in an action of trover. 2nd. A special property can only arise from possession, and the appellee never at any time had possession of said slaves. 3rd. A general property is a perfect right to the thing, coupled with... Most Relevant Cases  
Dickey v. Thompson 8 B.Mon. 312, Court of Appeals of Kentucky (February 01, 1848) 1848 Mortgages. Contribution by purchasers of mortgaged property. ERROR TO THE SCOTT CIRCUIT. Case stated. M. W. DICKEY borrowed from Charles Thompson a large sum of money, in 1833, and to secure the payment thereof, executed to him a mortgage upon certain lots in Georgetown, and two slaves, John and Leah. In 1834, Dickey sold, by absolute sale, the... Most Relevant Cases  
Dixon v. Watkins 9 Ark. 139, Supreme Court of Arkansas (July 01, 1848) 1848 It is well settled that where a party is sued for an act done under color of process, if the process be void, the action should be trespass vi et armis; if voidable, trespass on the case An officer may justify under final process, regular upon its face, issued from a court having jurisdiction of the subject matter, without showing the judgment on... Most Relevant Cases  
Draper v. Joiner 28 Tenn. 612, Supreme Court of Tennessee (December 01, 1848) 1848 This bill was brought by the complainants, for an account of their estate which came into the possession of the defendant as their guardian. An account was taken, in which the defendant was charged with the price of a slave sold by him as the property of his wards, in December, 1839, for $550, with interest thereon; and also with the sum of $215,... Most Relevant Cases  
Dunbar v. McFall 28 Tenn. 505, Supreme Court of Tennessee (December 01, 1848) 1848 This is an action of replevin for two negroes, Rincy and her child, Trouble. The bill of exceptions discloses the following case: The negroes in question were originally the property of Lemmy Williams. On the 2d of February, 1844, he made a bill of sale of that date, for the consideration stated in the deed, of $900, for three negro slaves, of whom... Most Relevant Cases  
Ex parte Toney 11 Mo. 661, Supreme Court of Missouri (July 01, 1848) 1848 In July, 1842, Toney, a slave, escaped from the service of his master, Thomas Williams, who resided in Montgomery county, Tennessee, and came to St. Louis in this State. Whilst in that county, he committed four grand larcenies, for which he was severally indicted and tried at the July term of the Criminal Court of St. Louis county, and sentenced to... Most Relevant Cases  
Ferguson v. Applenhite 10 Smedes & M. 301, High Court of Errors and Appeals of Mississippi (January 01, 1848) 1848 Where a trustee is seeking, by bill in equity, possession merely of the trust-property, it is not necessary for him to bring before the court the other parties interested in the trust, but who had nothing to do with the question of possession. A. alleged in his bill that J. executed a deed of gift of certain slaves to A. as trustee for the children... Most Relevant Cases  
Finley v. Hunter 21 S.C.Eq. 208, Court of Appeals of Equity of South Carolina (May 01, 1848) 1848 Testator bequeathed to his wife a life estate in certain slaves, with remainder over to his son, on condition that, at certain periods specified in the will, he should emancipate, or send them into a free Stateheld, that the emancipation, or removal, was a condition subsequent. An executor's assent to the legaey to a tenant for life, ipso... Most Relevant Cases  
Fisher v. Leach 10 Smedes & M. 313, High Court of Errors and Appeals of Mississippi (January 01, 1848) 1848 The high court of errors and appeals will not disturb a verdict, although found contrary to a portion of the evidence, unless it is clearly against the evidence, or the palpable preponderance of evidence. In an action of replevin for certain slaves, the evidence, in some particulars, was contradictory; but at least one witness stated, that the... Most Relevant Cases  
Floyd v. Floyd 34 S.C.L. 44, Court of Appeals of Law of South Carolina (May 01, 1848) 1848 Undue influence, such as would destroy a will, or prevent its probate, must appear, by the proof, to have been sufficient to deprive the supposed testator of the free exercise of his own will. The exercise of undue influence, in preventing the revocation of a will, will not create an implied revocation. A will of real and personal estate, according... Most Relevant Cases  
Fraser v. McClenaghan 21 S.C.Eq. 227, Court of Appeals of Equity of South Carolina (May 01, 1848) 1848 When a bill is properly filed for the delivery of slaves, and the plaintiff establishes his right of property, the Court will decree compensation for such of the slaves as may have died pending the suit. Most Relevant Cases  
Futrell v. Vann 8 Ired. 402, Supreme Court of North Carolina (June 01, 1848) 1848 A master of an apprentice cannot assign or transfer his right over the apprentice to another person. It being unlawful to remove a colored apprentice from one County to another, no action, founded on a contract for such removal, can be supported The cases of Sharpe v. Farmer, 4 Dev. & Bat. 122, and Blythe v. Lovinggood, 2 Ired. 20, cited and... Most Relevant Cases  
Gadsden v. Gasque 33 S.C.L. 324, Court of Appeals of Law of South Carolina (January 01, 1848) 1848 The covenant of the plaintiff was, that he should accept and pay all such draft or drafts as the defendant might from time to time draw on him, for the purchase of slaves, to the amount of $5,000, and no moreand the covenant of the defendant was, that he should indemnify the plaintiff from all loss by... Most Relevant Cases  
Gaines v. Briggs 9 Ark. 46, Supreme Court of Arkansas (January 01, 1848) 1848 A father, by deed of gift, gave to each of his sons and daughters, and to their heirs forever, a slave, with a proviso that if either of them died without heirs, his or her slave should be equally divided among the survivors. One of the daughters married, and her husband died, possessed of her slave and increase. Held that the deed of gift vested... Most Relevant Cases  
Gaines v. Wiggs 9 B.Mon. 282, Court of Appeals of Kentucky (January 31, 1848) 1848 Practice. Loans of Slaves. Purchaser. Notice. ERROR TO THE BATH CIRCUIT. ALTHOUGH the defendant, Gaines, excepted to several depositions, he did not except to the opinion of the Court overruling the exceptions, nor did he, in any manner, reserve the question as to the admissibility of the depositions. So far as that question depends upon extraneous... Most Relevant Cases  
Garner v. Smith 7 Gill 1, Court of Appeals of Maryland (December 01, 1848) 1848 Action of replevin, pleas, non cepit, property in defendant, and property in a stranger. The plaintiff offered evidence to the jury, that the negroes were owned and raised by his testator; that they remained in his possession until 1832, when they were sent on the farm of testator's daughter, then Mrs. Campbell, after her husband's, Campbell's,... Most Relevant Cases  
Gatliff's Adm'r v. Rose 8 B.Mon. 629, Court of Appeals of Kentucky (September 29, 1848) 1848 Slaves. Prescriptive rights. Executory contracts. Emancipation. Indians. ERROR TO THE ESTILL CIRCUIT Case stated and judgment of the Circuit Court. IN 1833, Rose and her children and grandchildren, in all now numbering thirteen, instituted actions of trespass against Charles Gatliff, &c., claiming them as slaves, for the purpose of trying their... Most Relevant Cases  
Goodloe v. White's Adm'r 28 Tenn. 528, Supreme Court of Tennessee (December 01, 1848) 1848 The intestate, Benton R. White, sold a negro man named Augustus to the plaintiffs for the sum of $600, and executed to them a bill of sale without seal, bearing date the 17th of April, 1833, in which is contained a warranty that the negro was a slave for life. On the 17th day of June, 1846, the plaintiffs brought an action on the case for a breach... Most Relevant Cases  
Goodman v. Burford 10 Smedes & M. 385, High Court of Errors and Appeals of Mississippi (January 01, 1848) 1848 B. purchased a slave of W. in February, 1843, and gave W. $350 for him, and agreed to permit W. to redeem the slave either in September or November following, by paying $400: W. failed to redeem at the time and B. gave him $150 dollars more and took a bill of sale from W. at which time B. gave W. also the privilege of redeeming the slave if he... Most Relevant Cases  
Gray's Case 28 Tenn. 513, Supreme Court of Tennessee (December 01, 1848) 1848 We are of opinion that the unlimited discretion with which the county court is invested by the act of 1842, ch. 191, sec. 1, to adjudge whether or not it would be consistent with the interest and policy of the state to permit any manumitted slave or free person of color to reside in this state, is not subject to the supervision or control of the... Most Relevant Cases  
Hall v. Thomas 34 S.C.L. 101, Court of Appeals of Law of South Carolina (May 01, 1848) 1848 A deed of gift, in consideration of natural love and affection, to the children of the donor, by name, then living, which contained a provision that any afterborn children should share equally with the children then alive, and which recited that the donor had put the said children, in full and peaceable possession, of the slaves, which were the... Most Relevant Cases  
Hall v. Tompkins 28 Tenn. 592, Supreme Court of Tennessee (December 01, 1848) 1848 On the trial of this case in the circuit court the defendants offered in evidence a copy of a record of a judgment of the circuit court of Bedford, in favor of Benjamin J. Rutherford, against Franklin B. Pierce and Washington G. Pierce, under which they claim the negro slave Dick, the subject-matter of this controversy, as purchased at execution... Most Relevant Cases  
Hardy v. Skinner 9 Ired. 191, Supreme Court of North Carolina (December 01, 1848) 1848 Where A. made a deed of trust to secure creditors, and it was stipulated in the deed that a sale should not take place for three years, and, in the meantime, the trustor should remain in possession of the property, consisting of lands, negroes, &c, and on the trial of a suit, the creditor, impeaching the trust, admitted that there was no actual... Most Relevant Cases  
Harry v. Green 28 Tenn. 182, Supreme Court of Tennessee (September 01, 1848) 1848 This bill is filed by the complainants for their freedom, bequeathed to them by their former owner, Solomon Green, deceased. The last will and testament of the said Solomon Green has been regularly proved and recorded, and contains a bequest of freedom to all the slaves of the testator by name. The executors appointed in the will renounced the... Most Relevant Cases  
Hawkins v. Phythian 8 B.Mon. 515, Court of Appeals of Kentucky (July 19, 1848) 1848 Bailment for hire. Joinder of action. ERROR TO THE FRANKLIN CIRCUIT. Case stated THIS was an action on the case, brought by Hawkins against Phythian, Watson and Bacon, for the value of a negro boy slave, alleged to have been thrown from a horse, and by reason of the injuries thereby received, to have died. The declaration alleges that the plaintiff... Most Relevant Cases  
Henning v. Vanhook 27 Tenn. 678, Supreme Court of Tennessee (April 01, 1848) 1848 This is an action of assumpsit, brought in the Madison circuit court by Jacob E. Vanhook against Wm. H. Henning, to recover $200, the price of a negro woman sold and delivered by the plaintiff to the defendant. To this action the defendant pleaded the general issue, nonassumpsit, upon which there was a verdict and judgment for the plaintiff and an... Most Relevant Cases  
Hicks v. Ayer 5 Ga. 298, Supreme Court of Georgia (July 01, 1848) 1848 Alpha K. Ayer instituted suit in the Inferior Court of Muscogee county, against Job B. Hicks, under the following circumstances: Ayer exposed to sale at public auction in the city of Columbus, on the 5th of January, 1847, four negroes, which were bid off by Hicks, namely: Jenny and child, at $530; Amelia, at $650; and Charles, at $405. Hicks failed... Most Relevant Cases  
Higdon v. Conway 12 Mo. 295, Supreme Court of Missouri (October 01, 1848) 1848 John B. Higdon brought his action of trespass in the St. Louis Circuit Court against Samuel Conway, late sheriff of St. Louis county, for the taking of a slave, acting under a fieri facias in favor of Carter et al. v. Higdon and one Charles Ely. The slave was the property of Higdon. The fieri facias is regular on its face. At the trial, Higdon, in... Most Relevant Cases  
Howe v. Waysman 12 Mo. 169, Supreme Court of Missouri (July 01, 1848) 1848 1st. As against the appellants, John H. Howe and Robert Wallace, the bill of sale of the negro woman, Charlotte, in the year 1829, by Shackleford to the infants, Hetty Howe, Martha Ann and Andrew J. Howe, under the circumstances thereof, is fraudulent and void. See Mo. Dig. 1825, p. 401-2, ยงยง 2, 3, title Fraud; 1 Marsh. 209-10, Mason & Wife v.... Most Relevant Cases  
Humphries v. McCraw 9 Ark. 91, Supreme Court of Arkansas (January 01, 1848) 1848 Where a father sells a slave to a son, who is a member of his family, and so continues, and the slave remains in the family, in contemplation of law, he is in the possession of the son, and if the father sometimes controls the slave, it raises no presumption of fraud. The acts and declarations of the vendor after the sale, in the absence of the... Most Relevant Cases  
Ingram v. Dowdle 8 Ired. 455, Supreme Court of North Carolina (August 01, 1848) 1848 The counsel for the plaintiff endeavored to take the case out of the act to make void parol contracts for the sale of lands and slaves, by assimilating a sale by a trustee in a deed of trust for securing and paying debts to a sale under execution, in which latter case it was held in Tate v. Greenlee, 4 Dev. 149 that statute did not apply. But... Most Relevant Cases  
Isaac v. McGill 28 Tenn. 616, Supreme Court of Tennessee (December 01, 1848) 1848 This bill is brought by the complainants, persons of color, to recover their freedom, against David McGill and John McCreary, executors of the last will of James McGill, deceased, and also executors of the last will of Nancy McGill, deceased. The complainants claim their freedom under provisions in the wills of the said James and Nancy McGill.... Most Relevant Cases  
Jaggers v. Estes 21 S.C.Eq. 397, Court of Appeals of Equity of South Carolina (January 01, 1848) 1848 I dissent from the opinion of the majority of the Court. The instrument under which the plaintiff claims the slaves is of a peculiar character, and certainly demands all the scrutiny we can give it, before it should receive the sanction of being considered a valid deed. The mode of construction, adopted in the circuit decree, has been admitted to... Most Relevant Cases  
James v. State 28 Tenn. 308, Supreme Court of Tennessee (December 01, 1848) 1848 The plaintiff in error was indicted in the circuit court of Lawrence county for selling spirituous liquors without license. The fact of selling, as charged in the indictment, was proved. The defendant then proved by Benjamin Morrow that the defendant was a negro, and was a slave of the witness, having been purchased from Nathan McClendon and George... Most Relevant Cases  
John v. Walker 8 B.Mon. 605, Court of Appeals of Kentucky (September 27, 1848) 1848 Emancipation. Parties. ERROR TO THE MADISON CIRCUIT. THIS suit in Chancery was brought by the plaintiffs in error, asserting their right to freedom under the last will and testament of John Bates, deceased, against his executors. A suit for freedom cannot be sustained against any person but one who, at the institution thereof, has the custody, or... Most Relevant Cases  
Johnson v. Lewis' Ex'rs 21 S.C.Eq. 157, Court of Appeals of Equity of South Carolina (May 01, 1848) 1848 Where one had obtained possession of lands and negroes, not as a trespasser, but believing the right of property to be in himself; and it had been decreed that he was in possession under a contract to hold for others, to whom he should account before the Commissioner; on appeal from the decree, upon exceptions taken to the Commissioner's report, it... Most Relevant Cases  
Johnson's Adm'r v. Johnson's Heirs 8 B.Mon. 470, Court of Appeals of Kentucky (June 15, 1848) 1848 Wills. Remainders. Devises. APPEAL FROM THE GARRARD CIRCUIT. Case stated. THE will of Job Johnson, deceased, contains the following provisions, viz: I give unto Margaret Johnson, my beloved wife, the negro girl Lytha, to wait upon her as long as she lives, and in case of the death of my wife before Lytha arrives at the age of twenty-one, her... Most Relevant Cases  
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