TitleCitationYearSummaryMost RelevantTypeStatus
Jones v. Jones' Adm'r 27 Tenn. 705, Supreme Court of Tennessee (April 01, 1848) 1848 This is an attachment bill, seeking to subject certain slaves to the satisfaction of a decree pronounced in Virginia in favor of the complainant against Elizabeth D. Jones, administratrix of William Jones, deceased,and which property is now in the hands of the defendant, as the administrator of the said Elizabeth, who has died. The facts are... Most Relevant Cases  
Lane v. Kingsberry 11 Mo. 402, Supreme Court of Missouri (March 01, 1848) 1848 This is an action of replevin, brought by the defendant in error against the plaintiff in error, in the St. Louis Circuit Court, on the 22nd September, 1843, for two slaves, Mary and Julia. On the same day the writ was served and the slaves delivered to the plaintiff by the sheriff. The defendant pleaded, in the first instance, the general issue,... Most Relevant Cases  
Lashlee v. Wily 27 Tenn. 659, Supreme Court of Tennessee (April 01, 1848) 1848 This is an action of trover brought by the plaintiff, as administrator de bonis non, against the defendant, for the wrongful conversion of a negro girl slave named Caroline. The declaration contains two counts. The first charges that the plaintiff was in possession of the negro girl, as of his own property; the second, that he was in possession of... Most Relevant Cases  
Lassiter v. Cole 27 Tenn. 621, Supreme Court of Tennessee (April 01, 1848) 1848 This is an action of trover brought by the defendant in error against the plaintiff in error, for the conversion of a slave and other personal property conveyed in trust by David Lassiter in his lifetime to the defendant in error, as trustee, to secure a debt of $48.13, alleged in the deed to be due from the intestate to Robert W. Wilson, and... Most Relevant Cases  
Lindsay v. Harrison 8 Ark. 302, Supreme Court of Arkansas (January 01, 1848) 1848 The conveyance of a negro girl to a trustee, upon trust that he permit a feme sole to keep possession of the slave, and receive the rents, issues, profits and services of the slave and her increase, to her sole use and benefit forever, vests in the cestui que trust, an absolute and indefeasible title; and she may sell the slave without the consent... Most Relevant Cases  
Marshall v. McDaniel 8 B.Mon. 173, Court of Appeals of Kentucky (January 12, 1848) 1848 Husband and wife. Settlements. ERROR TO THE HICKMAN CIRCUIT. Case stated. THIS was a bill in Chancery filed by Marshall, &c., setting up a large claim against Alfred McDaniel, alleging that he was a non-resident, and attaching as his property, several tracts of land and slaves. By an amended bill, Ann McDaniel, the wife of said Alfred, and John... Most Relevant Cases  
Martin v. Trigg 8 B.Mon. 528, Court of Appeals of Kentucky (July 25, 1848) 1848 Husband and wife. Settlements. ERROR TO THE BARREN CIRCUIT. HAD the terms upon which Trigg was authorized to transfer the slaves in contest to a trustee, for the use of Mrs. Martin and her children, been complied with, and the title to the slaves had been actually so transferred and vested, a Court of Equity, under all the circumstances of the... Most Relevant Cases  
McClenney v. McClenney 3 Tex. 192, Supreme Court of Texas (December 01, 1848) 1848 This was a suit brought by the plaintiff to foreclose a mortgage. The petition states that the defendant, Stephen G. McClenney, on the 12th of July, 1839, executed to one Justice M. Rawls a conveyance of certain negroes in trust to pay certain debts, to become due to the plaintiff at the time stated in the mortgage; the last payment falling due on... Most Relevant Cases  
McLauchlin v. Lomas 34 S.C.L. 85, Court of Appeals of Law of South Carolina (May 01, 1848) 1848 The action was to recover the value of a negro who was hired by the plaintiff to the defendants as a house carpenter, and who died of wounds received in the use of a steam circular saw, while in their service. The verdict was for the defendants, and on appeal therefrom, the Court refused to grant a new trial, because the jury are alone competent to... Most Relevant Cases  
McWhorter v. Wright, Nichols & Co. 5 Ga. 555, Supreme Court of Georgia (November 01, 1848) 1848 [1.] A covenant by the surety, to pay certain debts of the grantor, his principal, is a valuable consideration, and sufficient to support an absolute conveyance of negroes and other property against the creditors of the grantor. [2.] An insolvent debtor may, by the laws of Georgia, give a preference in a great variety of ways to one creditor, to... Most Relevant Cases  
Melvin v. Lyons 10 Smedes & M. 78, High Court of Errors and Appeals of Mississippi (January 01, 1848) 1848 Where, in an action of detinue for the recovery of certain slaves, upon the trial in the circuit court, the plaintiffs offered in evidence a copy of a will, duly attested under the act of congress on the authentication of records, which will purported to have been duly probated in the state of Virginia, and under which will the plaintiffs claimed... Most Relevant Cases  
Miller v. Porter 8 B.Mon. 282, Court of Appeals of Kentucky (January 27, 1848) 1848 Contracts. Public policy. Jails and jailers. APPEAL FROM THE BOURBON CIRCUIT. Question stated. THE only question presented in this case is, whether the Circuit Court erred in instructing the jury to the effect that a contract between the owner of a runaway slave and the county jailer, by which the latter, for a reward to be paid, undertook to... Most Relevant Cases  
Moon v. Moon 21 S.C.Eq. 327, Court of Appeals of Equity of South Carolina (November 01, 1848) 1848 Testator begins his will by expressing a desire to dispose of all his worldly estate, &c., then the clause materially affecting the question, is as follows:I give to my wife, Nancy T. Moon, the tract of land whereon I now live, containing two hundred acres, more or less; also two negroes, (to wit: my man Stephen and my... Most Relevant Cases  
Moore v. Ann 9 B.Mon. 36, Court of Appeals of Kentucky (December 19, 1848) 1848 Evidence. Authentication. Slaves. Apprentices. APPEAL FROM THE HARDIN CIRCUIT. Case stated. IN a suit at law, brought by the defendant against the plaintiff in error, for her freedom, a copy of an indenture of apprenticeship, bearing date in 1811, and purporting to have been executed by Moore, who was the defendant in the Court below, was offered... Most Relevant Cases  
Moore v. Chambers 11 Smedes & M. 408, High Court of Errors and Appeals of Mississippi (November 01, 1848) 1848 A sheriff returned on an execution of fieri facias that he had levied on a slave as the property of the defendant; that the wife of the defendant had made claim to the property, and executed a bond to try the right according to law, and he had thereupon delivered the slave to the wife; it was held, in a motion against the sheriff predicated on this... Most Relevant Cases  
Mullins v. Wall 8 B.Mon. 445, Court of Appeals of Kentucky (June 28, 1848) 1848 Wills. Emancipation. Slaves. ERROR TO THE GARRARD CIRCUIT. Case stated. IN this case, Cain and Dorcas, persons of color, have attempted to establish their right to freedom, under a paper executed by their former owner, Rebecca Mullins, and which, after having been offered for probate as a will, in the County Court, and there rejected, was destroyed... Most Relevant Cases  
Murray v. Fox 11 Mo. 555, Supreme Court of Missouri (July 01, 1848) 1848 1st. The deed of trust from Binns to Turner, for use of sister and children, for slaves and personal estate, duly registered in Tennessee, where made, is a valid deed. See Laws of Tennessee, Slaves and Registry. 2nd. Such deed, if impeached for fraud on part of Binns, against creditors, must be attacked by the creditors of Binns. 3rd. If the title... Most Relevant Cases  
Nancy v. Wright 28 Tenn. 597, Supreme Court of Tennessee (December 01, 1848) 1848 This bill is filed by the complainants, who are held in slavery by the defendants, to have their freedom declared, which they claim as their right under the will of Abram Earhart, made and published in the state of North Carolina on the 28th day of November, 1812. The third and fourth clauses of that will are in the words following: After... Most Relevant Cases  
Oglesby v. Gilmore 5 Ga. 56, Supreme Court of Georgia (July 01, 1848) 1848 [1.] At Common Law an administrator de bonis non, is entitled only to the goods and effects which remain unadministered, in specie, and to the debts due to the intestate, unpaid. [2.] A sale of negroes under an order of the Court of Ordinary, is an administration as to them, which will charge the administrator and his sureties, and vests the note... Most Relevant Cases  
Parham v. Blackwelder 8 Ired. 446, Supreme Court of North Carolina (August 01, 1848) 1848 A master is not responsible for a trespass committed by his slave, unless he ordered it to be committed or subsequently sauctioned it. The case of Campbell v. Staiert, 2 Mur. 389, cited and approved. Appeal from the Superior Court of Law of Cabarrus County, at the Fall Term, 1847, his Honor Judge PEARSON presiding. This is an action of trespass, in... Most Relevant Cases  
Patterson v. Crookshanks 7 Gill 211, Court of Appeals of Maryland (December 01, 1848) 1848 The act of 1833, ch. 224, authorising the county courts to extend the term of service of slaves for a term of years, in certain cases, and its supplement, the act of 1845, ch. 105, conferring the same power upon the several orphans courts of the State, give no jurisdiction, either to the county courts or the orphans courts, unless the master,... Most Relevant Cases  
Pearl v. Hansborough 28 Tenn. 426, Supreme Court of Tennessee (December 01, 1848) 1848 This is an attachment bill, on the part of Dyer Pearl, against Decatur Hansborough and his wife, Margaret J. Hansborough, resident citizens of the state of Mississippi, to have subjected to the payment of a debt due him from Decatur Hansborough certain negro slaves, Patsy, Constance, Nicholas, Mary, and Martha, which he insists are the property of... Most Relevant Cases  
People v. Wolven 7 N.Y.Leg.Obs. 89, City Court, New York (January 01, 1848) 1848 In this case it appears from the testimony that the complainant, and another, had, without legal process, violently seized a colored person named Belt, in open day, and in a public street in New York, and forcing him into a carriage, ironed him, and, under the pretense of taking him to the tombs, to answer, as they alleged, a charge of stealing a... Most Relevant Cases  
Peter v. Hargrave 5 Gratt. 12, Supreme Court of Appeals of Virginia (April 01, 1848) 1848 In this case the appellants, who have recovered their freedom by a decree in their favour, ask a further decree for the profits of their labour, while they were held in slavery. It is not pretended that they stand upon any higher ground than if they had recovered their freedom and asserted their claim for profits in a Court of Law. Equity, in... Most Relevant Cases  
Powell v. Powell 28 Tenn. 477, Supreme Court of Tennessee (December 01, 1848) 1848 On the 9th of December, 1826, Robert Powell, then a citizen of the county of Sussex, state of Virginia, by a bill of sale of that date, signed and sealed by him, for the consideration of the sum of $1,200, as expressed therein, bargained and sold unto his wife, Mary L. Powell, four slaves, by name Eliza, Jim, Chany, and Cama, with warranty of... Most Relevant Cases  
Presnell v. Landers 5 Ired.Eq. 251, Supreme Court of North Carolina (August 01, 1848) 1848 Where there was a deed in trust upon land and negroes for the satisfaction of certain ennmerated creditors, and another creditor obtained a judgment before a justice against the debtor and levied on his interest in the property, but did not have the execution returned to Court and a venditioni awarded, and where the personal estate was exhausted in... Most Relevant Cases  
Price v. Mitchell 10 Smedes & M. 179, High Court of Errors and Appeals of Mississippi (January 01, 1848) 1848 It seems that where an administrator's account is contested in the probate court by one of the distributees, and it is sought to hold him liable for the services of a slave of the estate for a series of years, as an offset to which, the administrator sets up disbursements for the board and maintenance of the distributee, it is a case peculiarly... Most Relevant Cases  
Proctor v. Terrill 8 B.Mon. 451, Court of Appeals of Kentucky (June 28, 1848) 1848 IT seems to this Court, that the Court below erred in decreeing a sale of thirty-nine fortieths only of the mortgaged slaves. Proctor admits that King was entitled to an interest of one-fortieth, and King prays a sale, and that that portion of the proceeds might be decreed to him. The Court, we think, should have decreed an absolute sale of so many... Most Relevant Cases  
Pye v. Carr 21 S.C.Eq. 105, Court of Appeals of Equity of South Carolina (April 01, 1848) 1848 Where defendant, instead of hiring out a female slave who had been given to his infant daughter, retained possession of her and treated her as his own; and after the daughter's marriage delivered to her and her husband five slaves, the issue of the said femalethe Court allowed the expenses of supporting and rearing the young slaves customary... Most Relevant Cases  
Rantin v. Robertson 33 S.C.L. 366, Court of Appeals of Law of South Carolina (February 01, 1848) 1848 A covenant for quiet enjoyment does not stipulate against the unlawful act of another in disturbing it. The rule is, that a breach is bad if it do not show an interruption by title. An indenture of Apprenticeship stipulating that A. by his attorney B. hath put his negro slave C. as an apprentice to D. &c. and signed B-(L. S.) Agent of A-was... Most Relevant Cases  
RESTORATION OF CERTAIN NEGROES TO THE SEMINOLES. 4 U.S. Op. Atty. Gen. 720 (June 28, 1848) 1848   Most Relevant Administrative Decisions & Guidance  
Richardson v. Broughton 34 S.C.L. 1, Court of Appeals of Law of South Carolina (May 01, 1848) 1848 The Act of 1740, which allows the seizure, &c. by any person, of the articles of property therein specified, which any slave shall keep, raise, or breed for the peculiar use, benefit and profit of such slave, does not confer the right to enter the enclosure of the owner of the slave, for the purpose of making such... Most Relevant Cases  
Robb v. Halsey 11 Smedes & M. 140, High Court of Errors and Appeals of Mississippi (November 01, 1848) 1848 Equity will not interfere, where a defence might have been made at law, to set aside a judgment, except under peculiar circumstances, nor will it grant a new trial in a case free from fraud in the rendition of the judgment, unless the party has been deprived of his defence by means beyond his control, without negligence on his part. The defence of... Most Relevant Cases  
Rosser v. Depriest 5 Gratt. 6, Supreme Court of Appeals of Virginia (April 01, 1848) 1848 The appellant's sale and repurchase of the slave Squire, belonging to his testator's estate and undisposed of by his will, gave him no title to said slave; such sale having been unnecessary for the payment of debts due from the estate; and the law therefore making it the duty of the executor to reserve him in kind for the distributees. The... Most Relevant Cases  
Roulhac v. White 9 Ired. 63, Supreme Court of North Carolina (December 01, 1848) 1848 There can be no doubt that his Honor was correct in admitting, as evidence, the declarations of the slave as to the state of his health, at the time they were made. The question was as to the health of Jack before and at the time of the sale. And whenever the bodily or mental feelings of an individual, at a particular time, are material to be... Most Relevant Cases  
Saddler v. Apple 28 Tenn. 342, Supreme Court of Tennessee (December 01, 1848) 1848 This is an action of trespass in the case to recover damages for the loss of a slave, alleged to have been occasioned by the wrongful act of the defendant. It appears from the face of the declaration that a former suit had been instituted by the plaintiffs against the defendant for the same cause of action; but a recovery was had for only one-half... Most Relevant Cases  
Simmons v. Gooding 5 Ired.Eq. 382, Supreme Court of North Carolina (December 01, 1848) 1848 Three questions are presented by the bill and answer upon the construction of the will of Lemuel H. Simmons. Obscurity is as often caused by the use of too many words, as by not using words enough. This will is an instance of the bad effect of using too many. The first question is, whether the fifteen hundred dollars worth of slaves, given to Emily... Most Relevant Cases  
Sims v. Shelton 21 S.C.Eq. 221, Court of Appeals of Equity of South Carolina (May 01, 1848) 1848 Where an Act of the Legislature confers jurisdiction on the Court of Law, of cases that previously were within the jurisdiction of the Court of Equity, the former does not thereby obtain an exclusive, but a concurrent, jurisdiction. The Court entertained jurisdiction of a bill filed by an administrator for the specific delivery of slaves belonging... Most Relevant Cases  
Sindall v. Campbell 7 Gill 66, Court of Appeals of Maryland (December 01, 1848) 1848 A father died in 1810, leaving a widow and three children. He was owner of freehold and leasehold property. The widow received the rents and profits, educated the children, and, in 1816, married again, settling her portion of the estate upon herself for life, with remainder to the three children. In 1821, she settled her final administration... Most Relevant Cases  
Smith v. Davis 8 Ired. 508, Supreme Court of North Carolina (August 01, 1848) 1848 In trover for a slave, it appeared that the plaintiff had had possession of the slave for more than three years, and that at the time she took possession she executed to the owner an obligation with the following condition, that whereas the said Mary H. Smith hath this day received of said Houston a negro girl named Nell, which the said... Most Relevant Cases  
Spalding v. Grigg 4 Ga. 75, Supreme Court of Georgia (January 01, 1848) 1848 [1.] An instrument conveying slaves, importing an absolute gift on its face, and duly recorded, with a condition that if the grantee should die before the grantor, the property shall revert, and with a proviso that the grantee shall pay to each slave two dollars per month during their natural livesis not a testamentary paper, but a deed.... Most Relevant Cases  
Spruill v. Moore 5 Ired.Eq. 284, Supreme Court of North Carolina (December 01, 1848) 1848 The only questions, at present presented to the Court, are in respect to the rights in the slaves given to the daughters and in the profits of them at different periods. The defendants set up claim, that in the event, which has happened, of the deaths of both Agnes and Elizabeth without issue, their interests are undisposed of by the will, and so... Most Relevant Cases  
State v. Belmont 35 S.C.L. 445, Court of Appeals of Law of South Carolina (January 01, 1848) 1848 The exceptions in the Act of 1740 in favor of free Indians in amity with this Government, apply to free Indians, and their descendants, domiciled in this State, although disconnected with any tribe of Indians; and not merely to Indians preserving a national character, and in amity with the State. Most Relevant Cases  
State v. Chandler 33 S.C.L. 266, Court of Appeals of Law of South Carolina (January 01, 1848) 1848 Although the overseer of a plantation may, at least in the absence of the owner, give the written permit required by the Act of 1817, so as to justify a stranger in trading with the slaves placed under his charge, yet he cannot himself legally trade with them, without a written permit so to trade, from the owner. In virtue of his office as... Most Relevant Cases  
State v. Dorsey 6 Gill 388, Court of Appeals of Maryland (June 01, 1848) 1848 The bequest of freedom to a slave, is a legacy within the meaning and operation of the act of 1844, ch. 237, and therefore subject to the tax imposed on legacies by that act. APPEAL from the Orphans Court of Howard District of Anne Arundel County. Nicholas Worthington of Jno., late of Howard District, by his will, duly executed and admitted to... Most Relevant Cases  
State v. Fleming 33 S.C.L. 464, Court of Appeals of Law of South Carolina (May 01, 1848) 1848 Where the indictment was, under the Act of 1821, for the murder of a slave, and the jury fouund a verdict of man-slaughter, on motion, in arrest of judgment, the Court held that punishment could be awarded under the Act overruling the decision on the same point, in Raines' Case, 3 McC. 533. Any killing of a slave, by undue or excessive... Most Relevant Cases  
State v. Isaac 3 La.Ann. 359, Supreme Court of Louisiana (April 01, 1848) 1848 Appeal from a special tribunal organized for the trial of a slave in the parish of West Feliciana. Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
State v. Jerry 3 La.Ann. 576, Supreme Court of Louisiana (September 01, 1848) 1848 Appeal from a sentence pronounced by a tribunal organized under the stat. of 1 June, 1846, for the trial of a slave in the parish of Natchitoches. Most Relevant Cases  
State v. Lane 8 Ired. 256, Supreme Court of North Carolina (June 01, 1848) 1848 A free person of color, who is employed to carry a pistol from one place to another, and who claims no right to use the instrument and has no intention of doing so, does not come within the provisions of the Act of 1840, prohibiting free persons of color from having arms in their possession without a license from the County Court. Appeal from the... Most Relevant Cases  
State v. Nelson 3 La.Ann. 497, Supreme Court of Louisiana (May 01, 1848) 1848 Appeal from a judgment rendered by a tribunal for the trial of slaves, organized under the stat. of 1 June, 1846, in the parish of St. James. This case was argued ex parte by Most Relevant Cases  
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