TitleCitationYearSummaryMost RelevantTypeStatus
McGee v. Currie 4 Tex. 217, Supreme Court of Texas (January 01, 1849) 1849 McGee hired a slave to one Hicks and Bailey. While the slave was in Hicks's possession under the contract of hire, he got wounded, and was attended by Currie, who was a physician. Currie, having sued McGee for the value of his professional services, offered Bailey as a witness to prove that there was an understanding, at the time of the hiring,... Most Relevant Cases  
McIntosh v. Walker 17 Ala. 20, Supreme Court of Alabama (June 01, 1849) 1849 Error to the Circuit Court of Montgomery. Tried before the Hon. George Goldthwaite. THIS was a trial of the right of property in a slave, levied on under an execution in favor of the defendant in error against Sarah McIntosh, and claimed by the plaintiffs in error through their next friend, Edward H. Grant. The facts appear in the opinion of the... Most Relevant Cases  
McKenzie v. Macon 5 Gratt. 379, Supreme Court of Appeals of Virginia (January 01, 1849) 1849 (Absent Allen, J.) 1. Slaves remaining in possession of one person on hire for more than five years, are not subject to be taken in execution for his debts. 2. The act 1 Rev. Code, ch. 101, ยง 2, p. 372, does not apply to the case of property remaining in possession of a debtor for more than five years, on hire. This was a bill by William H.... Most Relevant Cases  
McLeish v. Burch 22 S.C.Eq. 225, Court of Appeals of Equity of South Carolina (January 01, 1849) 1849 Testatrix bequeathed to her Executors and the survivor of them, his Executors and Administrators, several slaves, with their future issue, with this special charge, that no other service or wages shall be required of them, than may be sufficient to pay their taxes. She also bequeathed certain sums of money, to be... Most Relevant Cases  
McRae v. Keller 10 Ired. 398, Supreme Court of North Carolina (December 01, 1849) 1849 Under our statute, prohibiting the sale of liquor to a slave, which gives a penalty of one hundred dollars against the offender, and declares, that it shall be recovered by warrant, before any justice of the peace, and applied, one half to the use of the party suing for the same, and the other half to the use of the poor of the... Most Relevant Cases  
Mooney v. Evans 6 Ired.Eq. 363, Supreme Court of North Carolina (December 01, 1849) 1849 A bequest of corn, fodder, meat and other provisions, on hand, includes wine and brandy, which the testator had laid in and provided for his own use. A testator gave two slaves to his wife for life, and after her death to B. R. One of the slaves died and the other became paralitic, so as to be a source of constant expense, and the legatee in... Most Relevant Cases  
Moore v. Crockett 29 Tenn. 365, Supreme Court of Tennessee (December 01, 1849) 1849 In the year 1827, Gully Moore departed this life, in the county of Montgomery, State of Tennessee, having previously made and published his last will and testament. By this will he devised to his wife, Frances Moore, a negro woman named Letticia, for and during the term of her, the said Francis Moore's natural life, at the expiration of which time,... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Morehead v. State 28 Tenn. 635, Supreme Court of Tennessee (April 01, 1849) 1849 The plaintiffs in error were indicted and convicted jointly of the crime of stealing a negro slave named Albert, the property of John P. Tagart, the prosecutor. It appears that in the month of June, 1847, said slave absented himself from the service and premises of his master, without the knowledge of the latter and was advertised as a runaway. In... Most Relevant Cases  
Negro Franklin v. Waters 8 Gill 322, Court of Appeals of Maryland (December 01, 1849) 1849 A negro slave was manumitted, by deed, on the 1st of January, 1840, but was held in servitude, by his master, until the 12th of May, 1846. HELD: that he could not maintain an action against his master, to recover the value of his services for the time he was so held to service. The case of Queen vs. Ashton, 3 H. & McH., 439, explained and approved.... Most Relevant Cases  
Nelson v. Biggers 6 Ga. 205, Supreme Court of Georgia (January 01, 1849) 1849 [1.] A warranty of a slave to be healthy, does not extend to a warranty of soundness of mind, but of the body only. Assumpsit, in Muscogee Superior Court. Tried before Judge ALEXANDER, November Term, 1848. Suit was commenced in the Superior Court of Muscogee County, on a note made by Lorenzo M. Biggers and Joseph Biggers, for the sum... Most Relevant Cases  
Northcot v. Casper 6 Ired.Eq. 303, Supreme Court of North Carolina (December 01, 1849) 1849 The proof is entirely satisfactory, that the executor of Daniel Wynns did assent to the legacy; that the father of the plaintiff did reduce the negro into possession; and that his administrator delivered the negro to his widow (who is now the wife of the defendant) for herself and her infant child. The defendant, by his marriage, succeeded to the... Most Relevant Cases  
O'Bryan v. Goslee 10 B.Mon. 100, Court of Appeals of Kentucky (December 28, 1849) 1849 Wills. Emancipation. APPEAL FROM THE LOUISVILLE CHANCERY COURT. WE concur with the Chancellor, not only in his exposition of the law of this case, but in his reasons and arguments. We therefore affirm the decree, and adopt as ours, the following opinion and decree of the Chancellor: THIS suit, for freedom, depends upon the proper construction of... Most Relevant Cases  
Page v. Vandegrift 5 Harr. 176, Superior Court of Delaware (April 01, 1849) 1849 Liability of the captain of a steamboat for carrying a slave out of the State. This was an action under the statute of January 19, 1826, against the defendant, as captain of the Steamboat Zephyr, for carrying out of the State the plaintiff's slave. The declaration set forth that, whereas, the plaintiff, on the 26th of October, 1848, was possessed... Most Relevant Cases  
Papot v. Gibson 7 Ga. 530, Supreme Court of Georgia (November 01, 1849) 1849 [1.] Probate of a deed by a subscribing witness, before the Clerk of the Superior Court, does not authorize it to go to record; and the copy of a deed so recorded, cannot be given in evidence. [2.] Where, by marriage contract, a slave is conveyed to a trustee, for the use of the wife for life, and to the offspring of the nuptials in remainder; and... Most Relevant Cases  
Pickett v. Bridges 29 Tenn. 171, Supreme Court of Tennessee (December 01, 1849) 1849 This is an action of replevin, brought by Pickett against Bridges, for several negro slaves, all of which were replevied by Pickett. At the July term, 1849, of the circuit court of Smith county, the plaintiff declared for the negroes in detinue, to which the defendant pleaded not guilty. Upon the trial of the issue it was found by a jury in favor... Most Relevant Cases  
Prescott v. Prescott's Heirs 10 B.Mon. 56, Court of Appeals of Kentucky (December 19, 1849) 1849 Case stated. THIS bill was filed by three of the children and heirs of Mrs. Chloe Prescott, deceased, formerly Chloe Sawyer, against her other children and heirs and her husband, John H. Prescott, for a division of certain slaves, which they allege became the property of the children of said Chloe after her death, under and by virtue of a clause in... Most Relevant Cases  
Price v. Allen 28 Tenn. 703, Supreme Court of Tennessee (April 01, 1849) 1849 This action, in which are joined counts in trover and case, was brought by the defendant in error, in the circuit court of Obion county, to recover the value of a slave delivered into the possession of the plaintiff in error under an agreement, in writing, sealed by the parties, of which the following is a copy, viz.: An article of agreement... Most Relevant Cases  
Roberts v. City of Boston 59 Mass. 198, Supreme Judicial Court of Massachusetts (November 01, 1849) 1849 The general school committee of the city of Boston have power, under the constitution and laws of this commonwealth, to make provision for the instruction of colored children, in separate schools established exclusively for them, and to prohibit their attendance upon the other schools. THIS was an action on the case, brought by Sarah C. Roberts, an... Most Relevant Cases  
Ross' Ex'r v. Carpenter 9 B.Mon. 367, Court of Appeals of Kentucky (June 07, 1849) 1849 Case stated. IN April, 1834; Elizabeth Ross made and published her last will and testament, in which she devised to her daughter, Polly Carpenter, a slave named Harvey. Afterwards, and during the lifetime of the testatrix, the slave so devised, died, in consequence of injuries inflicted on him by Thos. Kennedy and others. Elizabeth Ross, during her... Most Relevant Cases  
Rosson v. Anderson 9 B.Mon. 423, Court of Appeals of Kentucky (June 14, 1849) 1849 Case stated. IN 1803, Seth Thruston executed a deed of trust to James Fletcher, conveying to the donor's three daughters, a number of slaves for their support and tuition, until they arrived at age or married, and then to be equally divided between them. The trustee, Fletcher, having never accepted the trust, the slaves all remained in the... Most Relevant Cases  
Rowan v. Mercer 29 Tenn. 359, Supreme Court of Tennessee (December 01, 1849) 1849 The facts of this case are shortly as follows: Sion S. Read executed a mortgage to Jesse Locke for a negro girl slave named Jemima, to secure a debt of about $150. He subsequently executed a deed of trust to Robert B. Cain for the same negro girl, subject to the previous mortgage to Locke. This deed of trust included other property to a... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Ryan v. Bull 22 S.C.Eq. 86, Court of Appeals of Equity of South Carolina (November 01, 1849) 1849 The guardian of a female ward who had been married, and was an infant, and whose property, consisting of lands, slaves aad money, was still in his possession, before a settlement with her husband, required him to execute a trust deed of the lands and negroes to the sole and separate use &c. of his wife. The deed was made to a trustee,... Most Relevant Cases  
Ryan v. Clanton 34 S.C.L. 411, Court of Appeals of Law of South Carolina (January 01, 1849) 1849 A slave, with other chattels, was mortgaged in Georgia, where mortgagor and mortgagee both resided, (to secure payment of a note, which, as the mortgage recited, was made by the mortgagor payable to the mortgagee at six months ending 6th May.) The mortgage was not recorded within the time prescribed by the Georgia Registry Acts; not till October... Most Relevant Cases  
Sam v. Fore 12 Smedes & M. 413, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 The remedy given by the statute, (Hutch. Code, 523,) is the only one by which a man of color in this state, who is held in bondage, and claims his freedom, can assert his right thereto; a petition therefore, by such a person to the circuit court, in which he asserts his freedom by the will of his former owner in Kentucky, on his attaining the age... Most Relevant Cases  
Satterfield v. Mayes 30 Tenn. 58, Supreme Court of Tennessee (September 01, 1849) 1849 The principal question in this cause involves the proper construction of the following clause in the last will and testament of Thomas Smith, deceased: I lend to my daughter, Betty Mayes, one negro girl named Letice, during her natural life, and after her death, she and her increase to be equally divided between her daughters. It appears that the... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Satterfield v. Smith 11 Ired. 60, Supreme Court of North Carolina (June 01, 1849) 1849 The action was for a breach of a contract for hiring. One of the terms of which was (as the plaintiff alleged,) that the negro should not be employed at a fishery or sent by water. The plaintiff read in evidence a paper writing, purporting to contain the terms of hiring, one of which was, that the negro should not be employed at a fishery or sent... Most Relevant Cases  
Satterwhite v. Kennedy 34 S.C.L. 457, Court of Appeals of Law of South Carolina (May 01, 1849) 1849 The mortgagee of slaves may, after condition broken, enter upon the premises of the mortgagor, in the night, and seize the slaves, if he can do so without violating the criminal law. A mortgage is a specific lien, and a judgment is a general lien. Both may be consistently pursued until the debt is satisfied. Most Relevant Cases  
Scott v. Hughes 9 B.Mon. 104, Court of Appeals of Kentucky (January 08, 1849) 1849 Pleading. Practice. Slaves. Replevin. APPEAL FROM THE UNION CIRCUIT. Case stated?? THE appellants sued the appellee in replevin, for a female slave by the name of Ann, and her three children. The jury found a verdict for the defendant, and judgment thereon having been rendered, and for a return of the slaves, the plaintiffs have brought the case to... Most Relevant Cases  
Sibley v. Maria 2 Fla. 553, Supreme Court of Florida (January 01, 1849) 1849 W. O., of South Carolina, devised the greater part of his real and personal estate to W. H. upon the condition that a certain slave and her four children, as his property and under his protection shall be allowed all the privileges of free persons in the State of South Carolina consistently with good order and a proper subordination, and shall be... Most Relevant Cases  
Simmons v. Cutreer 12 Smedes & M. 584, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 The case of Otts v. Alderson, 10 S. & M. 476, on the subject of implied warranty of soundness, cited and confirmed. Fraud in the sale of a slave, by which the purchaser is deceived into taking an unsound for a sound slave, may be proved in an action on the note given for the purchase money, under the plea of non-assumpsit. Where the defendant sued... Most Relevant Cases  
Sipple v. Adams 5 Harr. 149, Superior Court of Delaware (April 01, 1849) 1849 We can only conjecture that this was a proceeding before the justice against the defendant, as a non-resident free negro, under the act of 1841, Digest 410. This does not appear on the commitment, nor any authority of the justice to notify or order the defendant to leave the State; nor is any other offence chargedand this being a special... Most Relevant Cases  
Snowden v. Banks 9 Ired. 373, Supreme Court of North Carolina (June 01, 1849) 1849 The gift is specific of a particular negro by name. Of course, if the testator had no such negro, the gift would necessarily fail. It is equally well settled, that, if he had the thing at the making of the will, and it be afterwards destroyed, or disposed of by the testator, the legacy likewise fails by what is called an ademption. There is in... Most Relevant Cases  
Spencer v. Negro Dennis 8 Gill 314, Court of Appeals of Maryland (December 01, 1849) 1849 The case of The State vs. Dorsey, Exc'r of Worthington, 6 Gill, 388, explained and approved. The bequest of freedom to a slave is a legacy equal to the amount of his appraised value. The design of the acts authorising manumission of slaves, was not to foster emancipation, and thereby, as far as practicable, to put an end to slavery, but it was to... Most Relevant Cases  
State v. Bowen 34 S.C.L. 573, Court of Appeals of Law of South Carolina (May 01, 1849) 1849 The 38th section of the Act of 1740, for the government of slaves, which imposes a penalty on an owner for refusing or neglecting to provide for his slaves sufficient food and clothing, to be recovered before a magistrate, is not unconstitutional. That section is not repealed by the Act of 1839, regulating the office and duties of magistrates. The... Most Relevant Cases  
State v. Boyce 10 Ired. 536, Supreme Court of North Carolina (December 01, 1849) 1849 The conviction seems to be a hard one; and we own, we do not see enough in the evidence to support it. Up to Christmas 1846, nothing appears to have been done at the defendant's house, tending to the corruption of the public morality. At Christmas 1845 there was a quilting, as it is called, and dancing by negroes in a negro quarter, accompanied by... Most Relevant Cases  
State v. Csar 9 Ired. 391, Supreme Court of North Carolina (June 01, 1849) 1849 If a white man wantonly inflicts upon a slave, over whom he has no authority, a severe blow or repeated blows, under unusual circumstances, and the slave, at the instant, strikes and kills, without evincing, by the means used, great wickedness or cruelty, he is only guilty of man-slaughter, giving due weight to motives of policy and the necessity... Most Relevant Cases  
State v. Dempsey 9 Ired. 384, Supreme Court of North Carolina (June 01, 1849) 1849 The term free person of color, in our penal statutes, is to be understood in our law to mean a person descended from a negro, within the fourth degree inclusive, though an ancestor in each intervening generation was white. Appeal from the Superior Court of Law of Bertie County, at the Spring Term 1849, his Honor Judge MANLY presiding.... Most Relevant Cases  
State v. Dick 4 La.Ann. 182, Supreme Court of Louisiana (March 01, 1849) 1849 Appeal from a special tribunal organized under the stat. of 1 June, 1846, for the trial of a slave, in the parish of St. Tammany. Most Relevant Cases  
State v. Jerry 4 La.Ann. 190, Supreme Court of Louisiana (March 01, 1849) 1849 Appeal from a sentence pronounced by a tribunal organized for the trial of a slave in the parish of Madison. Most Relevant Cases  
State v. Lewis 35 S.C.L. 47, Court of Appeals of Law of South Carolina (December 01, 1849) 1849 A trial ordered of a slave after two mistrials, is not a subject of appeal, until the trial be had. Generally an appeal does not lie from a Judge's order ordering or refusing a new trial in the case of a slave convicted of a crime. Most Relevant Cases  
State v. Posey 35 S.C.L. 142, Court of Appeals of Law of South Carolina (December 01, 1849) 1849 On the trial of an indictment for the murder of a slave, evidence to show that the prisoner had but a short time before, through the instrumentality of the slave, procured the murder of his own wife, was held to be admissible, as supplying an inducement to the murder of the slave, and indicating the character of the motive with which it was... Most Relevant Cases  
State v. Posey 35 S.C.L. 103, Court of Appeals of Law of South Carolina (November 01, 1849) 1849 In an indictment against a white man as accessary to a murder committed by a slave, in laying the crime of the slave as principal in the murder, it is not necessary to allege that his offence was contra formam statuti. It is not necessary in an indictment against an accessary before the fact in a felony, to set out the conviction of... Most Relevant Cases  
State v. Robbins 9 Ired. 356, Supreme Court of North Carolina (June 01, 1849) 1849 In an indictment for selling to a slave in the night time, it is not necessary to negative an order of the owner or manager, the offence having been committed in the night time. In such an indictment, the slave is sufficiently identified by his name; a further description, by giving the name of the owner, is not necessary. The case of The State v.... Most Relevant Cases  
Steele v. Shirley 13 Smedes & M. 196, High Court of Errors and Appeals of Mississippi (November 01, 1849) 1849 A writ of error lies from the decision of a circuit judge, sitting on the trial of a writ of habeas corpus for slaves alleged to have been taken out of the possession of the master or owner by force, stratagem or fraud; but an appeal does not lie. The writ of habeas corpus for slaves, at the instance of the owner, is allowed by the... Most Relevant Cases  
Stroud v. Mays 7 Ga. 269, Supreme Court of Georgia (August 01, 1849) 1849 This was an action on the case, in nature of deceit, by James Stroud, against Henry S. Mays and Beersheba Stroud, in the sale of a negro named Simon. On the trial, there was much testimony adduced on both sides. The Jury returned a verdict for the plaintiff, for $675; and the Court granted a new trial on the sole ground that the verdict was... Most Relevant Cases  
Stuart v. Swanzy 12 Smedes & M. 684, High Court of Errors and Appeals of Mississippi (January 01, 1849) 1849 A limitation by will in South Carolina, of slaves to S. S., wife of J. S., for her sole and separate use, for and during the term of her natural life, and after her decease, to the lawful heirs of her body; is a good limitation over to the children of S. S. upon her death; who will be entitled to recover the slaves from a vendee of J. S. after... Most Relevant Cases  
Taylor v. Horsey 5 Harr. 131, Superior Court of Delaware (April 01, 1849) 1849 The question whether a slave was sold unlawfully, to be exported, may come up collaterally; and the reputation of a purchaser as a negro trader, is admissible in evidence on that question. An execution in the sheriff's hand binds the defendant's property before actual levy. Quere.Does it give the sheriff such a property in the goods as will... Most Relevant Cases  
The Laurens 1 Abb.Adm. 508, District Court, SD New York (April 01, 1849) 1849 This is 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. Former proceedings in the cause are reported in [Case No. 8,121]. An application was now made for an order upon Eli Moore, United States marshal for the... Most Relevant Cases  
Thompson v. Newlin 6 Ired.Eq. 380, Supreme Court of North Carolina (December 01, 1849) 1849 If the trusts charged in the bill had been those, on which the gifts were made, they would have been contrary to the policy of the law and void?? and, of consequence, there would be a resulting trust for the plaintiffs. But the trusts disclosed in the answer for the emancipation and removal of the slaves are not unlawful. They are, indeed, in... Most Relevant Cases  
Thornton's Case 11 Ill. 332, Supreme Court of Illinois (December 01, 1849) 1849 The process, by virtue of which the petitioner was arrested, and is now detained, was issued under the provisions of the 5th section of the 74th chapter of the Revised Statutes. The manifest object of that section is to facilitate the recaption of fugitive slaves, found within the limits of this state. All of its provisions point directly to such a... Most Relevant Cases  
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