TitleCitationYearSummaryMost RelevantTypeStatus
State v. Nicholas 33 S.C.L. 278, Court of Appeals of Law of South Carolina (January 01, 1848) 1848 The peculiar organization of Magistrates' Courts, established by various Acts, for the Parishes of St. Philip and St. Michael, prior to the Magistrate's Act of 1839, remain unchanged by that Act, according to the exception contained therein: It is therefore requisite that two Magistrates shall preside on the trial of a slave, within those Parishes,... Most Relevant Cases  
State v. Post 21 N.J.L. 699, Court of Errors and Appeals of New Jersey (January 01, 1848) 1848 Slavery existed in New Jersey prior to the adoption of the Constitution of 1844, and was not abolished by that Constitution. Error to the Supreme Court. To a writ of habeas corpus allowed at the bar of the Supreme Court, commanding Post, the defendant, to bring up the bodies of a colored man named William and of a colored woman named Flora, whom he... Most Relevant Cases  
State v. Thomas 34 S.C.L. 269, Court of Appeals of Law of South Carolina (November 01, 1848) 1848 As a general rule, it is sufficient in an indictment, to state an offence in the words of the Statute which creates it. It is not a part of the description of the offence, in the Act of 1821, that the person charged should know the slave to be a runaway: the act of harboring and concealing imports a sense of criminality, which can only arise from a... Most Relevant Cases  
State v. Williams 9 Ired. 140, Supreme Court of North Carolina (December 01, 1848) 1848 An indictment will lie under our Statute for feloniously taking and carrying away a runaway slave, with intent to dispose of him to another, &c. even though the taker did not know who was the owner of the slave. The possession of a stolen thing is evidence to some extent, against the possessor, of a taking by him. Ordinarily, it is... Most Relevant Cases  
Stemmons v. King 8 B.Mon. 559, Court of Appeals of Kentucky (September 22, 1848) 1848 Practice in Chancery. Attachments. Cross suits. ERROR TO THE LINCOLN CIRCUIT. The bill to foreclose mortgage. IN November, 1841, William Hyatt executed a mortgage to King upon three slaves, Christina, Andy and Dave, to secure the payment of four hundred and ninety dollars. In January, 1842, King exhibited his bill for a foreclosure and also for an... Most Relevant Cases  
Stephen v. Walker 8 B.Mon. 600, Court of Appeals of Kentucky (September 27, 1848) 1848 Wills. Emancipation. Parol evidence. APPEAL FROM THE MADISON CIRCUIT. THE appellant claims his freedom under the will of John Bates, deceased. His claim is based on the following clause in the will, viz: I also give to my son in-law and daughter, in addition to the eight negroes formerly given, the following, viz: James, Wesley, John, Berry,... Most Relevant Cases  
Stephens v. Chappell 34 S.C.L. 80, Court of Appeals of Law of South Carolina (May 01, 1848) 1848 Unsoundness of a slave, consists in some organic disease in a formed state, evidenced by symptoms, or in some clearly contagious disease, such as measles or small pox, the infection of which existed in the system at the time of the sale. On appeal, the Court held, that an inquiry proposed to be made of the physicians as to how long a disease had... Most Relevant Cases  
Stevens v. Bomar 28 Tenn. 546, Supreme Court of Tennessee (December 01, 1848) 1848 This bill is brought to recover a negro slave, Frances, and her children. It appears that on the 1st day of October, 1812, Edward Warren, of Chatham county, North Carolina, made a deed of that date, whereby he conveyed to his granddaughter (then an infant of one year old), Rebecca Ann Warren Richardson, daughter of William F. Richardson and his... Most Relevant Cases  
Stewart v. Southard 17 Ohio 402, Supreme Court of Ohio, In Bank (December 01, 1848) 1848 A declaration averring that the plaintiff is a resident of a certain school district, having children that he is desirous to have taught in said school, and that the defendants, directors of the school district, contriving to deprive him of the benefit of having his children therein educated, unlawfully admitted colored children into the school,... Most Relevant Cases  
Stewart's Ex'r v. Wyatt 8 B.Mon. 475, Court of Appeals of Kentucky (July 04, 1848) 1848 Slaves. Tenants in remainder of slaves. Wills. ERROR TO THE KNOX CIRCUIT. Case stated. ALEXANDER STEWART, deceased, by his last will and testament, gave his negro woman, Priscilla, to his wife, Catharine, during her natural life. He, in a subsequent part of his will, made the following provision, viz: My will and desire is, that my negro... Most Relevant Cases  
The Laurens 1 Abb.Adm. 302, District Court, SD New York (June 01, 1848) 1848 This was a libel in rem, filed by the United States against the bark Laurens, and $20,000 in specie on board her, alleged to be forfeited to the United States for being employed in the slave-trade, in contravention of the acts of congress of March 27, 1794, and May 10, 1800. The libel was filed March 15, 1848. On April 7th, following, George M.... Most Relevant Cases  
Thomas v. Grand Gulf Bank 9 Smedes & M. 201, High Court of Errors and Appeals of Mississippi (January 01, 1848) 1848 A conveyance of slaves or other personalty, absolute upon its face, and free from any trust, condition or reservation, need not, by the laws of this state, be recorded. If, therefore, such a conveyance be recorded, a certified copy from the record thereof will not be evidence, under the statute which makes certified copies from the records of deeds... Most Relevant Cases  
Thomas v. Hill 3 Tex. 270, Supreme Court of Texas (December 01, 1848) 1848 Appeal from Austin County. Where the plaintiff sued to recover money alleged to have been expended by him in payment of debts of an estate of which he was then the administrator, and the defendant (the administrator de bonis non) pleaded in reconvention, claiming of the plaintiff the hire of certain negroes and proceeds arising from the sale of... Most Relevant Cases  
Thoroughgood v. Anderson 5 Harr. 97, Superior Court of Delaware (October 01, 1848) 1848 In a suit for freedom, by a slave, for being illegally exported from the State, the Superior Court will determine the fact of exportation, as a matter in issue in the case. A conviction of the master by indictment for the misdemeanor, is not the only evidence of the fact of exportation. Petition for freedom, at the October term, 1848, in Sussex... Most Relevant Cases  
Vinyard v. Passalaigue 33 S.C.L. 536, Court of Appeals of Law of South Carolina (May 01, 1848) 1848 The policy and laws of South Carolina do not justify the presumption of a Legislative Act of emancipation. It must be proved, before the master and slave can be released from their respective legal ties. Presumptions are called the intendments of law. They are in pursuance of the allowed principles or permissions of the established law, but cannot... Most Relevant Cases  
Ward v. Jones 5 Ired.Eq. 400, Supreme Court of North Carolina (December 01, 1848) 1848 The devise is, in effect, to John L. Ward for life and should he leave lawful issue, then the negroes and land to be equally divided between his lawful issue; but should he not leave lawful issue, then the negroes and land to be sold and divided &c. The effect of the words to be equally divided in a devise of land, made before the year 1784, to... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Ward v. Smith 8 Ired. 296, Supreme Court of North Carolina (June 01, 1848) 1848 Where in an action of trover for the conversion of a negro, the declaration designates the negro by the name of John, he must prove on the trial that the negro converted was named John. Appeal from the Superior Court of Law of Chowan County, at the Spring Term, 1848, his Honor Judge SETTLE presiding. The plaintiff declared in trover, for the... Most Relevant Cases  
Warren v. Dickerson 3 Tex. 460, Supreme Court of Texas (January 01, 1848) 1848 Appeal from Houston County. Where husband and wife emigrated to Texas in 1840, bringing with them a negro slave, over whom the husband claimed and exercised ownership until the spring or summer of 1843, when he sold the same (the purchaser having no notice of the separate right of the wife to such slave), the wife could not maintain title to the... Most Relevant Cases  
West v. Tilghman 9 Ired. 163, Supreme Court of North Carolina (December 01, 1848) 1848 Where an owner of a slave stands by and sees the slave sold by another, having no title, and makes no objection, yet he is not thereby estopped from asserting his legal title. The title to a slave can only be conveyed, according to the laws of this State, by a sale in writing, except when delivery accompanies the sale, or by a gift evidenced by a... Most Relevant Cases  
Whitehead v. Ducker 11 Smedes & M. 98, High Court of Errors and Appeals of Mississippi (November 01, 1848) 1848 L. W. made her covenant to W., in which she recites that she had employed W. as her counsel to claim for her ten slaves in the jail of Franklin county, levied on by attachment in the circuit court against James Hutchins. Now if the said W. shall succeed in said suit, I bind myself to transfer and convey to him my right, title and interest... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Wiley v. Lashlee 27 Tenn. 717, Supreme Court of Tennessee (April 01, 1848) 1848 It appears from the pleadings and proof in this case that the defendant, Lashlee, became the administrator of the estate of James L. Sayles, late of Benton county, and that at the May term of the circuit court for Benton county he exhibited his petition, praying for the sale of said slaves. At the same term the court decreed that the sale should be... Most Relevant Cases  
Willis v. Bruce 8 B.Mon. 548, Court of Appeals of Kentucky (September 21, 1848) 1848 Master and slave. Contracts. Emancipation. ERROR TO THE FAYETTE CIRCUIT. Case stated in the bill. THE plaintiff in error instituted this suit in Chancery to establish his right to freedom. He asserts, that he belonged to Mrs. Margaret Bruce, who in the fall of the year, 1844, being willing to promote his emancipation, agreed for that purpose, to... Most Relevant Cases  
Young v. Jones 28 Tenn. 551, Supreme Court of Tennessee (December 01, 1848) 1848 The question in this case is whether corn produced by the labor of slaves, the separate property of the wife, belongs to the husband, and is liable to execution for his debts. It appears from the bill of exceptions that the husband, William R. Wair, in consideration that his wife's father had paid off his debts, conveyed to William C. Young certain... Most Relevant Cases  
Young's Ex'r v. Young 9 B.Mon. 66, Court of Appeals of Kentucky (December 28, 1848) 1848 Chancery Jurisdiction. ERROR TO THE JESSAMINE CIRCUIT. Case stated. THIS bill in equity was exhibited by Elijah J. Young, as executor of John Young, and an injunction awarded him, restraining the sale of four slaves by the Sheriff, who had taken them under sundry executions against William D. Young, and as his property. The plaintiffs in the... Most Relevant Cases  
Anderson v. Thoroughgood 5 Harr. 199, Court of Errors and Appeals of Delaware (June 01, 1849) 1849 On petitions for freedom, though the proper mode of taking testimony is at bar, if the defendant join in a commission, he waives objection to depositions. Unlawful exportation confers freedom on the slave. This may be proved, without the conviction of the master for the misdemeanor. Appeal from the Superior Court in and for Sussex county, on a... Most Relevant Cases  
Banton v. Campbell's Heirs 9 B.Mon. 587, Court of Appeals of Kentucky (September 29, 1849) 1849 Husband and Wife. Writs of Error. Limitations. Distribution. ERROR TO THE MADISON CIRCUIT. Case stated in the bill IN 1823, John and Elizabeth Banton filed their bill, in right of the latter, to have a settlement, distribution and division of the estates, consisting of land, slaves and personalty of Samuel and Mary Campbell, the parents of Mrs.... Most Relevant Cases  
Barnes v. Crain 8 Gill 391, Court of Appeals of Maryland (December 01, 1849) 1849 Samuel Bond, by his last will and testament, bequeathed to his grandniece, Mary C. B. Barnes, a pecuniary legacy of $3,000, and also one-fourth of his slaves. Two of the co-executors of the will having died, John Barnes, the surviving executor, (and the father and guardian of the legatee,) passed his first and final administration account with the... Most Relevant Cases  
Barnes v. Holcomb 12 Smedes & M. 306, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 Where, cotemporaneously with the execution of a bill of sale of negroes, the vendee executes to the vendor an instrument, which the latter contends to be in the nature of a mortgage, and the former of a defeasible sale of the same negroes, the inclination of the court will be to hold the transaction a mortgage, if it can be consistently done. Where... Most Relevant Cases  
Beasley v. Downey 10 Ired. 284, Supreme Court of North Carolina (December 01, 1849) 1849 Where a plaintiff charged a defendant, as his agent, with having received the hires of negroes, subsequent to November 1840, and the defendant offered to prove that another person, as his agent, had received the hires prior to November 1840; Held, that this evidence was irrelevant and properly rejected. A deposition of a witness was taken on the... Most Relevant Cases  
Bentley v. Cummins 9 Ark. 487, Supreme Court of Arkansas (January 01, 1849) 1849 Writ of Error to Pulaski Circuit Court. Bently obtained a judgment against William Cummins, in his life time, and, after his death, without reviving the judgment against his administrator, issued execution, which was levied upon certain slaves of the deceased. The administrator, upon notice given to the plaintiff, purchasers, and sheriff, moved to... Most Relevant Cases  
Black v. Cartmell 10 B.Mon. 188, Court of Appeals of Kentucky (January 19, 1849) 1849 Wills. Devises. Heirs. Lawful issue. ERROR TO THE NELSON CIRCUIT. Case stated. JACOB CARTMELL, by his last will, made on the 15th April, 1833, devised different portions of his estate to each of his four children, giving to his daughter Catherine Higdon 200 acres of land and four slaves, then in possession of William Higdon, her husband. By the... Most Relevant Cases  
Blakely's Adm'r v. Duncan 4 Tex. 184, Supreme Court of Texas (January 01, 1849) 1849 In suits for the recovery of slaves or other personal property which is susceptible of division and distinct valuation, the jury should find the separate value of each slave or article. (Note 38.) The measure of damages for the detention of a slave, in the absence of allegations and proof of specific damage, is the interest on the valuation of the... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Bogard v. Jones 28 Tenn. 739, Supreme Court of Tennessee (April 01, 1849) 1849 This is an action of replevin brought by Wm. Bogard against Lewis Jones, to recover a negro woman named Julia, and her child named Ann. Upon the trial in the circuit court of Hardeman it appeared that the plaintiff purchased the negroes in dispute from John G. Price, on the 5th of April, 1846, at Salem, in Marshall county, state of Mississippi, for... Most Relevant Cases  
Boggan v. Walter 12 Smedes & M. 666, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 An administrator is bound to account on final settlement, for all the property of his intestate, returned in his inventory; unless he show a sufficient excuse for its nonproduction. A decree of the probate court, holding an administrator liable for a slave embraced in his inventory, which it was in proof a son of his, (the administrator's,) of the... Most Relevant Cases  
Bondurant v. Jeffries 9 B.Mon. 381, Court of Appeals of Kentucky (June 08, 1849) 1849 County Courts. Emancipation of negroes. Parties. Injunctions. ERROR TO THE MONTGOMERY CIRCUIT. So much of the will of Sarah Goodwin, as is necessary to be adverted to, reads as follows: After my slaves, each of them, arrive at the age of thirty years, I wish them, should they so elect, to be free. The plaintiffs who state that they... Most Relevant Cases  
Bourne v. Simpson 9 B.Mon. 454, Court of Appeals of Kentucky (June 26, 1849) 1849 Divorces. Infancy. Dower. Alimony. ERROR TO THE GARRARD CIRCUIT. Case stated. JOHN W. KENNEDY and Margaret Sartain intermarried in 1837, while they were both minors. Said Margaret was then the owner by descent of lands and slaves and money, to the value of $7,000, and said John was the owner by devise from his father of property and money to the... Most Relevant Cases  
Bradley v. Byrd 12 Smedes & M. 269, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 Where commissioners are appointed by the probate court, to make a division of slaves, for the purposes of distribution among the distributees of an estate, the slaves remain in the legal custody of the administrator; the commissioners do not become vested with any title whatsoever, in the property to be divided, either before or after the division,... Most Relevant Cases  
Brasher v. Kennedy 10 B.Mon. 28, Court of Appeals of Kentucky (December 08, 1849) 1849 Ferry keepers and owners. Master and Servant. ERROR TO THE KENTON CIRCUIT. Case stated. BRASHER was the owner of two slaves, who ran away, and were conveyed across the Ohio river on a ferry boat, at a ferry established from Covington to Cincinnati. Kennedy was part owner of the ferry, but was not present when the slaves were conveyed across the... Most Relevant Cases  
Burton's Adm'r v. Lockert's Ex'rs 9 Ark. 411, Supreme Court of Arkansas (January 01, 1849) 1849 The administrator of Burton interposed in the probate court three several objections against the claim of Lockert: First. That the alleged promise of Burton was contingent, depending upon the finding of the negroes, and, also, upon his success in the suit; and that upon the trial of the case he only recovered a portion of the negroes in... Most Relevant Cases  
Bush v. Bush 22 S.C.Eq. 131, Court of Appeals of Equity of South Carolina (November 01, 1849) 1849 Under an unrecorded deed from her father, the complainant was the equitable owner of certain slaves which had been levied on and sold by the sheriff under an execution against her husband, and purchased by defendant. Complainant's trustee had recovered in trover a verdict against defendant, which verdict the defendant had never paid. The Court held... Most Relevant Cases  
Butler v. Boyles 29 Tenn. 155, Supreme Court of Tennessee (December 01, 1849) 1849 This is a bill to set aside an award, and to obtain a decree for certain slaves claimed by the complainant. It is alleged in the bill that Beason, one of the arbitrators, acted partially and corruptly in making the award, and in refusing to re-hear the cause, after the award was made and delivered. The grounds relied on to establish the corruption... Most Relevant Cases  
Call v. Ellis 10 Ired. 250, Supreme Court of North Carolina (August 01, 1849) 1849 The instructions given to the jury were correct, on all the points embraced in his Honor's charge. The action was in trover for the conversion of a negro woman named Louisa. After the testimony was closed, a motion was made in behalf of the defendants, that the plaintiff should be called, because, at the time the defendants took the negro, she, the... Most Relevant Cases  
Cargile v. Harrison 9 B.Mon. 518, Court of Appeals of Kentucky (September 22, 1849) 1849 Case stated. JAMES CARGILE died in 1830. He had been twice married. By his will he devised two female slaves to his last wife during her life, and after her death to her children. Since his death, the slaves, with the assent of the executor, have been held and claimed by the devisees as their own property under the will. One of the slaves has had... Most Relevant Cases  
Cash v. State 29 Tenn. 111, Supreme Court of Tennessee (December 01, 1849) 1849 The plaintiff in error was indicted in Coffee county circuit court, for larceny, convicted and sentenced to confinement in the penitentiary for the term of eleven years, from which judgment he appealed to this court. The indictment contains four counts. The first count charges that the defendant did steal Wilson, a slave, the property of Joseph... Most Relevant Cases  
Clarke v. McCreary 12 Smedes & M. 347, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 In April, 1836, M. intermarried with C., the latter being entitled as distributee of her father's estate to certain slaves; but in consequence of the pendency of litigation with reference to them, the slaves were not delivered to M. or C., until in September, 1839, when they went into their possession, and remained with them until 1842, when C.,... Most Relevant Cases  
Collins v. America 9 B.Mon. 565, Court of Appeals of Kentucky (September 25, 1849) 1849 Slaves. Comity. APPEAL FROM THE GREENUP CIRCUIT. Case stated. THIS action of trespass was brought by America, a woman of color, to assert a right of freedom against Collins, who claimed to be her owner, and Harrison, who had her in possession under hire from Collins; and the plaintiff having obtained a verdict, which the Court refused to set aside,... Most Relevant Cases  
Collins v. Bilderback 5 Harr. 133, Superior Court of Delaware (April 01, 1849) 1849 Under the act of 1826, relating to fugitives from labor, which prohibits the captain or commander of a vessel from carrying slaves out of the State, a party is not obliged to alledge or prove that the captain knew the person carried out to be a slave. Neither is he bonnd to alledge in terms that the person was a fugitive from labor,... Most Relevant Cases  
Collomb v. Taylor 28 Tenn. 689, Supreme Court of Tennessee (April 01, 1849) 1849 This is an action of trespass vi et armis, for the alleged wrongful taking of the slave described in the declaration, brought in the circuit court of Shelby county, against the plaintiff in error. The defendant pleaded, first, the general issue; and, second, a special plea of justification, in which it is alleged, in substance, that said slave was... Most Relevant Cases  
Comstock v. Rayford 12 Smedes & M. 369, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 It seems that possession by the vendor of personal property, after the sale, is but primâ facie evidence of fraud in the sale; and but throws the burden of sustaining the sale and establishing its fairness upon the vendee. Certain slaves were attached in this state by judgment creditors in the state of Alabama of the debtor, by foreign... Most Relevant Cases  
Cook v. Clippard 12 Mo. 379, Supreme Court of Missouri (March 01, 1849) 1849 1st. The object of our statute (Rev. Code, Fraudulent Conveyances, § 5) is not to transfer the property of one man to another, arbitrarily and without right; but to prevent injury to fair purchasers and creditors, by the fraudulent covering up of property. 4 Mass. R. 637. 2nd. In point of law, the slave belonged to N. Cook, the plaintiff, at the... Most Relevant Cases  
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