TitleCitationYearSummaryMost RelevantTypeStatus
Coon v. State 1 Morr.St.Cas. 455, High Court of Errors and Appeals of Mississippi (November 01, 1849) 1849 A negro, by the laws of this state, is primâ facie a slave. If a person, therefore, who is not the owner, take a runaway negro into his possession, with the intent of feloniously converting him to his own use, knowing or having the means of knowing the owner or master, it will be larceny. While the whole of a prisoner's confession must be... Most Relevant Cases  
Cresswell v. Emberson 6 Ired.Eq. 151, Supreme Court of North Carolina (August 01, 1849) 1849 The first exception is sustained. The plaintiff claimed the negro Washington under the will of Mrs. Moore. She had but a life estate. In making her will she doubtless thought, and the commissioner has acted under a similar impression, that, as the negro Washington was given to her for life. and the subsequent disposition was void, she took an... Most Relevant Cases  
Crow v. Boyd 17 Ala. 51, Supreme Court of Alabama (June 01, 1849) 1849 Error to the Circuit Court of Benton. Tried before the Hon. S. C. Posey. THIS was an action of assumpsit by the plaintiff against the defendants in error, as administrators of Samuel Boyd, dec'd, to recover for the services of a slave. The facts will be sufficiently understood by reference to the opinion of the court. Most Relevant Cases  
Danzey v. Smith 4 Tex. 411, Supreme Court of Texas (January 01, 1849) 1849 The parties or the heirs of the parties to a conveyance cannot be permitted to impeach it on the ground that it was done to hinder, delay, or defraud the creditors of the grantor. (Note 87.) Where there was a conveyance of slaves in fraud of creditors, but the grantor remained in possession until he died, after which the grantee obtained the... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Davenport v. Gentry's Adm'r 9 B.Mon. 427, Court of Appeals of Kentucky (June 13, 1849) 1849 Frauds, statute of. Indenture of Apprenticeship. Contracts. Assignments. ERROR TO THE MADISON CIRCUIT. Case stated. THE facts in this case, deducible from the admissions of the parties, and the evidence, are that certain negroes, claiming to be free, procured the services of Gentry to aid them in the assertion of their claim, in which they were... Most Relevant Cases  
Davenport v. Prewett's Adm'r 9 B.Mon. 94, Court of Appeals of Kentucky (January 08, 1849) 1849 Grantor and grantee. Infants. Limitations. Presumptions. ERROR TO THE JESSAMIME CIRCUIT. Case stated. THIS action of detinue was brought by the administrator de bonis non, of Harvey Prewett, to recover seven slaves, (Rachel and her children,) from the possession of Davenport. The plaintiff's right of recovery was contested on two principal grounds:... Most Relevant Cases  
Drayton v. U.S. 1 Hay. & Haz. 369, Circuit Court, District of Columbia (October 19, 1849) 1849 At law. Writ of error from the criminal court. Indictment for stealing, taking and carrying away two negro slaves of the goods and chattels, property and slaves of one Andrew Hoover, under act of assembly of Maryland, 1737, c. 2, § 4. Most Relevant Cases  
Durant v. Salley 22 S.C.Eq. 159, Court of Appeals of Equity of South Carolina (November 01, 1849) 1849 Where the slaves of an intestate estate, of which the mother was administratrix and her daughter and herself co-distributees, had, after the marriage of the daughter, been worked in common by the mother and her son-in-law, (who with his wife continued to live with the mother,) until his death, and there was no evidence that there had been any... Most Relevant Cases  
Echols v. Barrett 6 Ga. 443, Supreme Court of Georgia (March 01, 1849) 1849 The first ground of error assigned to the decision of the Court below is, the admission of the certificate of the Clerk of the Court of Ordinary, as a part of the plaintiff's title to the negro sued for. [1.] The plaintiff below sued, as the administrator, with the will annexed, of Henry Huff, deceased, and to make out his title to recover, he... Most Relevant Cases  
Edrington v. Mayfield 5 Tex. 363, Supreme Court of Texas (January 01, 1849) 1849 Where the domicile of the husband and wife was in Texas, and during their temporary sojourn in the State of Tennessee the uncle of the wife made her a parol gift of a slave by delivery--it was in proof that the common law prevailed in Tennessee--Held, That the gift took effect and vested title to the property in the wife as the donee according to... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Elliott v. Twilley 5 Harr. 192, Court of Errors and Appeals of Delaware (June 01, 1849) 1849 The issue of slaves manumitted to be free at a future day, born after the manumission, but before the period of its taking effect, were not slaves for life, before the act of 1810, The case of Jones vs. Wootten, (1 Harr. Rep. 77,) overruled. Writs of Error to the Superior Court in and for Sussex county, in four cases of petitions for freedom. Heard... Most Relevant Cases  
Esham v. Lamar 10 B.Mon. 43, Court of Appeals of Kentucky (December 15, 1849) 1849 Case stated. THE father of Mrs. Esham having by a written instrument, vested in her and her four children, the title to a young negro girl, aged about ten years, the complainants, Esham and wife, in the year 1844, removed with their family to Kentucky. On the 26th of December, 1844, Lamar advanced to them twenty-five dollars, and in consideration... Most Relevant Cases  
Ewing v. Cargill 13 Smedes & M. 79, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 Where, after a public sale under a deed of trust of personal property, the property sold is left in the possession of the grantor in the deed of trust, no presumption of fraud will arise therefrom; and if the sale be otherwise free from fraud, a purchaser under a judgment against the grantor in the deed of trust, in whose possession the property is... Most Relevant Cases  
Ferris v. Henderson 12 Pa. 49, Supreme Court of Pennsylvania (September 01, 1849) 1849 1. The statute of limitations is not a bar to a claim for services rendered, forty years before bill filed, by a negro who from ignorance supposed himself to be a slave, the person to whom the services were rendered having suppressed the truth that the complainant was free, and having falsely asserted that he was his slave, whereby he procured the... Most Relevant Cases  
Field v. Deatley 10 B.Mon. 4, Court of Appeals of Kentucky (December 05, 1849) 1849 Instructions. Practice. ERROR TO THE BATH CIRCUIT. The case stated. FIELD having an execution against the estate of Deatley, caused it to be levied on certain slaves in the possession of Jemima Deatley, who claiming the slaves to be her property and not subject to the levy of the execution, instituted this action of replevin for them. The proof is... Most Relevant Cases  
Finley v. Hunter 22 S.C.Eq. 78, Court of Appeals of Equity of South Carolina (November 01, 1849) 1849 Testator, in the first clause of his will, after making an absolute bequest to his wife, devised and bequeathed to her the land on which he resided, together with all his negroes and property of every kind whatsoever, that he might die possessed of, for her use during her natural life. The second clause is as follows-After the death of my wife... Most Relevant Cases  
Forkner v. Stuart 6 Gratt. 197, Supreme Court of Appeals of Virginia (July 01, 1849) 1849 (Absent Cabell, P. and Brooke, J.) 1. On a sale of slaves, if the possession of the slaves does not accompany the sale, but remains with the vendor, such retention of possession by the vendor is prima facie evidence of fraud, but is not conclusive; and it is liable to be repelled by satisfactory legal evidence of the fairness and good faith of the... Most Relevant Cases  
Gaines v. Gaines' Ex'r 9 B.Mon. 295, Court of Appeals of Kentucky (February 02, 1849) 1849 Alimony. Divorce. Dower. Legislative power. APPEAL FROM THE GREEN CIRCUIT. Case stated. IN 1832, Thomas Gaines, then above seventy years of age, being possessed of a considerable estate in land, slaves and personalty, and having children and grandchildren settled around him, intermarried with Catharine L. Pentecost, then about thirty-two or three... Most Relevant Cases  
Golson v. Hook 35 S.C.L. 23, Court of Appeals of Law of South Carolina (December 01, 1849) 1849 By adverse possession for the statutory term, the occupant may establish a right to the land within his enclosure, or actual occupation. But if he claims possession beyond the land thus occupied, the extent and limits of that possession must be defined by reference to some colorable title, as a deed or plat, or by visible marked lines, reputed... Most Relevant Cases  
Gowings v. Loyd 4 Tex. 483, Supreme Court of Texas (December 01, 1849) 1849 This was a suit brought by William M. Loyd to the Spring Term 1837, of the District Court of Nacogdoches county, against the appellant, William Gowings, for the recovery of certain negroes described in his petition. There was issued a writ of sequestration in the cause, which was levied upon the said negroes, which were replevied by said appellant.... Most Relevant Cases  
Gridley v. Conner 4 La.Ann. 416, Supreme Court of Louisiana (June 01, 1849) 1849 Appeal from the Fifth District Court of New Orleans, Buchanan, J. In this case, on motion of the counsel for Barrow, it was ordered that the sheriff retain in his hands the proceeds of the sale of certain slaves made under execution, until the further order of court; and that the plaintiffs show cause why said Barrow, as assignee of Tulane, should... Most Relevant Cases  
Hanks v. Thompson 5 Tex. 6, Supreme Court of Texas (December 01, 1849) 1849 This was a suit brought by the appellant, Hanks, as the assignee of David Brown, to the Fall Term, 1841, of the District Court of San Augustine county, against Napoleon B. Thompson, as the administrator of Charlton Thompson, deceased, and against him in his own right as the purchaser with notice of several negroes sold to him by virtue of an... Most Relevant Cases  
Harris v. Carney's Adm'r 29 Tenn. 349, Supreme Court of Tennessee (December 01, 1849) 1849 This is a bill to set up a parol mortgage of several negroes. In March, 1843, the complainant being indebted to Carney upward of $1,400, confessed several judgments in all for the amount so due, before a justice of the peace. In April, executions were levied on the three negroes in controversy, and they were sold by the constable; Carney, the... Most Relevant Cases  
Hawkins v. Simmons 6 Ired.Eq. 16, Supreme Court of North Carolina (June 01, 1849) 1849 Archibald Green died in the year 1824, leaving a widow, Margaret, and three children, Mary, Martha, and Rhoda, the plaintiff. By his will he devised to his wife, Mary Green, for her life, among other things, a negro woman, Betty, and her increase, and, in a subsequent clause, he directs, that all the estate he has lent to his wife, shall after her... Most Relevant Cases  
Henderson v. Womack 6 Ired.Eq. 437, Supreme Court of North Carolina (December 01, 1849) 1849 A testator bequeathed as follows: First, I give to my sons T. and J. and to E. F's children all the balance of the negroes, to be equally divided between them, with what they have had heretofore, to have and to hold during their natural lives. The reason I give this property to E. F., my daughter's children, is, that I am fearful S. F. would spend... Most Relevant Cases  
Henry v. Commonwealth 9 B.Mon. 361, Court of Appeals of Kentucky (June 05, 1849) 1849 Case stated. THIS is an indictment against the plaintiffs in error, for keeping a disorderly house, which is alleged to have been a common nuisance to the neighborhood where it was located. They were found guilty, and a fine of one hundred dollars assessed against them by the jury. The proof was, that a number of slaves had, on various occasions,... Most Relevant Cases  
Henson v. Kinard 22 S.C.Eq. 371, Court of Appeals of Equity of South Carolina (November 01, 1849) 1849 A father, in good faith, executed and delivered a voluntary deed of a slave to a trustee, for the use of his married daughter, &c. and the daughter received possession of the slave, being fully apprised of the deed. After her death, the husband claimed the slave as an absolute gift to his wife. The Court held that the slave was well conveyed to the... Most Relevant Cases  
Howard v. Current 9 B.Mon. 493, Court of Appeals of Kentucky (September 17, 1849) 1849 The case stated JOHN BLACKBOURN died intestate, leaving a considerable estate in land and slaves. For many years previously he had been a lunatic, and his estate, during the time he was in that condition, was placed in the hands of a committee, and so remained for a number of years. In 1834, the complainant, James Howard, the defendants, Eli... Most Relevant Cases  
Howell v. Cowles 6 Gratt. 393, Supreme Court of Appeals of Virginia (October 01, 1849) 1849 (Absent Cabell, P. and Brooke, J.) H hires a negro man from C for a year, and with G executes his bond to C for the price; and the bond, after stating it is for the hire of the negro man, adds, to work at boat business. C brings suit upon the bond, and the defendants offer a special plea under the act of 1831, that the said negro man... Most Relevant Cases  
Ingram v. Atkinson 4 Tex. 270, Supreme Court of Texas (January 01, 1849) 1849 Where the court instructed the jury that the owner of a slave is not responsible in damages for the trespasses of his slave, unless where the slave is engaged in employment requiring care, skill, or prudence, and the wrong done results from his servant's negligence, unskillfulness, or imprudence in such employment, or unless the master be... Most Relevant Cases  
Ingram v. Linn 4 Tex. 266, Supreme Court of Texas (January 01, 1849) 1849 Where the petition alleged that the slave of the defendant pursuaded, decoyed, and enticed away the slave of the plaintiffs, and that having so pursuaded and decoyed him to the Guadalupe river, he seized him and, with the aid of other slaves, forced him into the river, by reason of which he was drowned, &c.: Held, That the defendant was not liable.... Most Relevant Cases  
James v. Herring 12 Smedes & M. 336, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 Where in an action for breach of warranty of soundness of a slave, the proof was that, shortly after the sale, the slave was attacked with dysentery, and died, notwithstanding careful treatment, and the attending physician testified that, for various reasons given by him, he believed the slave was of scrofulous habit, and died of scrofula existing... Most Relevant Cases  
Jarvis v. Quigley 10 B.Mon. 104, Court of Appeals of Kentucky (December 29, 1849) 1849 Case stated. JARVIS & TRABUE being creditors of Joseph Quigley, by judgment with an execution thereon returned no property, filed this bill to subject to the satisfaction of their debt certain slaves, as being the property of said Joseph on the death of his wife, under and by virtue of a deed of trust from Thomas Quigley to J. M. Burton, the true... Most Relevant Cases  
Jolly v. State 1 Morr.St.Cas. 450, High Court of Errors and Appeals of Mississippi (November 01, 1849) 1849 On the trial of a white man for the murder of a slave, it is not competent for the prisoner to prove that the slave was generally insolent and impudent to white persons, although not so at the time of his death to the prisoner who caused it. Most Relevant Cases  
Jones v. Vanzandt 4 McLean 599, Circuit Court, D Ohio (November 01, 1849) 1849 This was an action of trespass on the case by Wharton Jones against John Vanzandt for damages for harboring runaway slaves. There was a verdict of $1,200 in favor of plaintiff upon certain counts of the declaration. Case No. 7,501. The defendant moved for a new trial, and also in arrest of judgment. The motion for a new trial was granted, at the... Most Relevant Cases  
Jones v. Vanzandt 4 McLean 604, Circuit Court, D Ohio (November 01, 1849) 1849 At law. This was an action by Wharton Jones against John Vanzandt for the purpose of recovering the statutory penalty of $500 (1 Stat. 302) for harboring runaway slaves. Defendant having died, a scire facias was issued to revive the suit against his administrators. To this the defendant demurs. The case is now heard on the demurrer. Most Relevant Cases  
Jordan v. Thornton 7 Ga. 517, Supreme Court of Georgia (November 01, 1849) 1849 [1.] A testatrix bequeathed as follows: I give and bequeath to my son, Anthony R. Thornton, a negro woman named Pat, and her child named Albert, and all the further increase of said Pat, in trust, for the use and benefit of Mary G. Thornton, wife of my son, Benjamin H. Thornton, during her natural life; and after her decease, for the use of their... Most Relevant Cases  
Kauffman v. Oliver 10 Pa. 514, Supreme Court of Pennsylvania (January 01, 1849) 1849 An action at common law does not lie in this state for harbouring runaway slaves, or for aiding them to escape from their owners. And the state courts have no jurisdiction under the acts of Congress on that subject: Per COULTER, J. IN error from the Common Pleas of Cumberland. The first count in the plaintiffs' declaration set forth, that they were... Most Relevant Cases  
Kincaid v. Rogers 29 Tenn. 83, Supreme Court of Tennessee (September 01, 1849) 1849 This bill of complaint is filed by Thomas McClain, William McClain, and John McClain, minor heirs of Thomas McClain, deceased, by their guardian, William Kancaid, against David Rogers and others, for the recovery of a negro slave, Sally, who had been bequeathed to the said minor heirs by their father. The pleadings and proof in this case, establish... Most Relevant Cases  
Kirkpatrick v. Rogers 6 Ired.Eq. 130, Supreme Court of North Carolina (August 01, 1849) 1849 A testatrix, by her last will, devised as follows: Item 2nd. I will and bequeath to my nephew H. K. my negroes M. and N., and also to him my Glass plantation, the proceeds of which are to go to the support of M. and N. during their lives, and, at their death, it is to become said H. K's. for his trouble in taking care of said negroes.... Most Relevant Cases  
Laura Jane v. Hagen 29 Tenn. 332, Supreme Court of Tennessee (December 01, 1849) 1849 The complainant was born in this State the slave of Isaac Sitler. In the third item of his last will and testament is the following clause: It is my will and desire that my negro slave, Malinda, a woman aged about 26 years, Elmira, and her child, Laura Jane, the latter aged about six years, be free, and I do hereby, so far as the laws of the... Most Relevant Cases  
Lawrence v. Vick 29 Tenn. 285, Supreme Court of Tennessee (December 01, 1849) 1849 In this case the bill alleges, that the complainant sold to the defendant a negro slave, Emily, for the price of $475, and executed a bill of sale, in which he warranted the girl to be sound. The said girl, Emily, became sick, and the defendant, Vick, offered to return her to the complainant, and receive again the money he had paid for her, but the... Most Relevant Cases  
Lemmond v. Peoples 6 Ired.Eq. 137, Supreme Court of North Carolina (August 01, 1849) 1849 There is but little difficulty, we think, in understanding, that, although there was not a trust to procure actual and open emancipation, the conveyance of the negroes was made upon a secret trust and confidence, that the defendants hold them in, what has been called, a qualified state of bondage-- that is, that the donees, as expressed in Huckaby... Most Relevant Cases  
Lewis v. Daniel 29 Tenn. 305, Supreme Court of Tennessee (December 01, 1849) 1849 This bill is filed by the complainants, persons of color and slaves of the late Peter Singleton, deceased, against W. F. Daniel, the executor of his last will and testament, to have their freedom declared. From the bill, exhibits and proof in the case, the following facts appear. The complainants were the slaves of Peter Singleton, at the January... Most Relevant Cases  
Lloyd v. Goodwin 12 Smedes & M. 223, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 In the action of replevin, under the act of 1842, the right to immediate recovery in the plaintiff, and the wrongful taking or detention by the defendants, are involved. Where, therefore, an action of replevin was brought by one who had a life estate in slaves, against a person, who, at the instance of the remainderman, had taken them into... Most Relevant Cases  
Lockhart v. Bell 6 Ired.Eq. 398, Supreme Court of North Carolina (December 01, 1849) 1849 It does not appear to the Court, that the younger sons are entitled to the surplus of the personal estate absolutely. The residue of the real estate and the residue of the slaves are given away by distinct clauses.?? But there is no general residuary disposition of the personalty at large, after the payment of debts, charges and legacies: and any... Most Relevant Cases  
Lunsford v. Baynham 29 Tenn. 267, Supreme Court of Tennessee (December 01, 1849) 1849 On the first count of the declaration in this case, which is in trover, the verdict cannot be maintained. The employment of the slave as wagoner, was not, we think, without the scope of the service for which he was hired; and consequently there was no conversion. But on the second count, which is in case for negligence and want of due care and... Most Relevant Cases  
Marshall's Heirs v. Porter 10 B.Mon. 1, Court of Appeals of Kentucky (December 04, 1849) 1849 Case stated. JOHN MARSHALL, in 1820, made and published a will, whereby he gave to his wife, Elizabeth Marshall, all his estate, both real and personal, during her life; and after her death it was to belong to Anna Porter, the wife of Samuel Porter. He subsequently acquired a slave, and a tract of land upon which he resided at the time of his... Most Relevant Cases  
McAfee v. Ferguson 9 B.Mon. 475, Court of Appeals of Kentucky (July 05, 1849) 1849 Fraud. Marital rights. ERROR TO THE MERCER CIRCUIT. Case stated. IN the year 1845, John McAfee was married in the State of Missouri, to Ann Broaddus, then a widow, having one child, a daughter, named Sarah, by her former husband. When the treaty of marriage between them commenced, she was the owner of four slaves, a woman and three children, and... Most Relevant Cases  
McCorkle v. Sherrill 6 Ired.Eq. 173, Supreme Court of North Carolina (August 01, 1849) 1849 It is required of the Court to put a construction upon the will of Matthew McCorkle, and thereby ascertain, whether the testator died intestate as to any part of his property, and what property passed under the residuary provision of the 11th clause of the will and to whom. By the first clause of the will the whole of the negroes of the deceased... Most Relevant Cases  
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