TitleCitationYearSummaryMost RelevantTypeStatus
Tuck v. Boone 8 Gill 187, Court of Appeals of Maryland (December 01, 1849) 1849 This was an action of trover instituted in Frederick county court, by the appellant, as administrator de bonis non, cum testamento annexo, of Levin Boone, deceased, against the appellee, to recover the value of certain negroes mentioned in the declaration. Three pleas were pleaded by the defendant. First, not guilty. Second, the statute of... Most Relevant Cases  
Waterman v. Kennerly 22 S.C.Eq. 76, Court of Appeals of Equity of South Carolina (November 01, 1849) 1849 Complainant, as trustee, in behalf of his cestui que trusts, a married woman and her two children, without joining them, filed his bill for the specific delivery of certain slaves alleged to be part of the trust estate. At the hearing, finding it impossible to make out his case without the testimony of the husband of the married woman, he moved for... Most Relevant Cases  
Watson v. Kennedy 22 S.C.Eq. 1, Court of Appeals of Equity of South Carolina (May 01, 1849) 1849 When a father, on the marriage of a son, delivers to him a slave, or permits the slave to go home with him, or sends the slave to him, it is prima facie evidence of a gift; but the presumption may be rebutted by proof of the circumstances under which the parent gave possession to the child: and for this purpose the declarations of the parent when... Most Relevant Cases  
Wheaton v. Weld 28 Tenn. 773, Supreme Court of Tennessee (April 01, 1849) 1849 This is an action of detinue, brought by John B. Weld against S. M. Wheaton, for the recovery of a negro man named John. Upon the trial in the court below the plaintiff introduced a witness, Bowler Cook, who stated that, in frequent conversations with Frederick Christian, in the year 1839, he heard Frederick Christian say that he had given the... Most Relevant Cases  
Williams v. Graves 17 Ala. 62, Supreme Court of Alabama (June 01, 1849) 1849 Error to the Circuit Court of Sumter. Tried before the Hon. Sam'l Chapman. THIS was an action of detinue brought by the defendant against the plaintiff in error to recover possession of a slave. Each party claimed under the will of Robert Graves, dec'd--the plaintiff below as his executor, and the defendant as administrator of Thomas Faust,... Most Relevant Cases  
Williams v. Wilson 10 Ired. 482, Supreme Court of North Carolina (December 01, 1849) 1849 The plaintiff seems to have conceded, that he could not recover the slaves, which were kept in possession by Mrs. Mizell; but he insisted, that he had a right to recover the slaves, that she put in the possession of her son, West Mizell. His Honor thought the plaintiff's right was barred as to all; and that the effect of the bailment was not merely... Most Relevant Cases  
Wilson v. Bailer 22 S.C.Eq. 258, Court of Appeals of Equity of South Carolina (January 01, 1849) 1849 The following words used in a bequest to a married woman, by her to be freely enjoyed to every intent and purpose, as her own in every respect, held not to create a separate estate. The absolute terms in which the property is given to the wife, or the amplitude of her enjoyment, have never been deemed sufficient to create a separate... Most Relevant Cases  
Wilson v. Wilson 6 Ired.Eq. 236, Supreme Court of North Carolina (August 01, 1849) 1849 The husband is a necessary party to a bill filed by a wife, to recover slaves, alleged by her to have been conveyed to a trustee for her separate use. Cause removed from the Court of Equity of Yancey County, at the Spring Term 1849. On the 15th of September 1842, Thomas Shepherd conveyed to Edward Wilson three slaves in trust for Elizabeth... Most Relevant Cases  
Woodward v. Solomon 7 Ga. 246, Supreme Court of Georgia (August 01, 1849) 1849 [1.] A, being insolvent, and largely indebted to B, conveys certain property, in negroes, &c. to C, to be held for his (A's) use, and that of his family, and delivers possession; afterwards he agrees with B, in consideration of a full discharge, to turn over to him all his property, real and personal, and all his rights of property. In pursuance of... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Young v. Templeton 4 La.Ann. 254, Supreme Court of Louisiana (April 01, 1849) 1849 Appeal from the District Court of Carroll, Selby, J. Most Relevant Cases  
Youse v. Norcum 12 Mo. 549, Supreme Court of Missouri (October 01, 1849) 1849 This was an action of ejectment for a lot of ground in the city of St. Louis, fronting on the river, brought in the Common Pleas, in August, 1848. A judgment was rendered for Norcum, plaintiff below, in December last, from which Youse took an appeal. The recovery was for a lot of 18 feet 8 1/2 inches in front, running back some 137 feet 11 inches.... Most Relevant Cases  
Adams' Heirs v. Adams' Adm'r 11 B.Mon. 77, Court of Appeals of Kentucky (December 21, 1850) 1850 The case stated, and decree of the Circuit Court. DANIEL ADAMS, a citizen and resident of Missouri, having died, letters of administration on his estate were, by the proper court of that State, granted to Bland. It is proved that his heirs do not reside in this State, and are supposed to be in Missouri. At the time of his death he owned a slave in... Most Relevant Cases  
Allen v. Feland 10 B.Mon. 306, Court of Appeals of Kentucky (June 25, 1850) 1850 Trespass. Justification under Process. Instructions. ERROR TO THE LINCOLN CIRCUIT. Case stated. THIS action of trespass was brought by Feland against Allen, McRoberts, Rowland and Walker, for entering the close of the plaintiff, and taking a negro woman and her child, his slaves. The defendants pleaded the general issue, with leave to give in... Most Relevant Cases  
Anderson v. Garrett 9 Gill 120, Court of Appeals of Maryland (June 01, 1850) 1850 By the law of this State, as far as regards liberation from slavery a negro is regarded as the slave of him by whom he is held in bondage until his right to freedom is established by the judgment of the court competent to try such right. By the act of 1796, ch. 67, sec. 21, the county court of that county in which the petitioner or petitioners... Most Relevant Cases  
Ann v. State 30 Tenn. 159, Supreme Court of Tennessee (December 01, 1850) 1850 The plaintiff in error was indicted jointly with another slave, named Tom, in the circuit court of Williamson, for the murder of Mary E. B. Marr, the infant child of their master and mistress. The jury acquitted Tom, and found the plaintiff in error guilty as charged in the indictment. The court refused to grant a new trial, and pronounced judgment... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Anthony v. State 1 Morr.St.Cas. 467, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 In a prosecution against a slave, under the statute (Hutch. Code, 532), for an assault with intent to kill a white person, the punishment of which is made death, the indictment must allege that the assault was made with express malice; it will not do to allege the offence to have been committed feloniously, wilfully, and of his malice... Most Relevant Cases  
Atcheson v. Robertson 3 Rich.Eq. 132, Court of Appeals of Equity of South Carolina (November 01, 1850) 1850 Testator directed his two executors to sell his slaves, prescribing the manner of sale; the executors, finding the manner prescribed impracticable, and the necessity of a sale being manifest, sold in a different manner; they both signed the sale-bill, which was returned by them to the ordinary; J. R., one of the executors, took the larger portion... Most Relevant Cases  
Bacon v. Commonwealth 7 Gratt. 602, General Court of Virginia (June 01, 1850) 1850 On a prosecution under the act of 1847-48, ch. 10, ยง 24 , for punishing every free person who by speaking or writing shall maintain that owners have no right of property in their slaves, it is incumbent on the Commonwealth to shew, in the alleged speaking, that the defendant denied the right of owners to property in their slaves; and also to... Most Relevant Cases  
Bailey v. Patterson 3 Rich.Eq. 156, Court of Appeals of Equity of South Carolina (November 01, 1850) 1850 Testator bequeathed as follows: I give and bequeath to my daughter M. B., one dollar; I also give and bequeath to the heirs of her body, my negro girl Poll, at four hundred dollars; I give and bequeath to the said heirs of her body one-twelfth part of my clear estate, to be equally divided among them. At the death of testator, M. B., who was then... Most Relevant Cases  
Barwick v. Barwick 11 Ired. 80, Supreme Court of North Carolina (June 01, 1850) 1850 Benjamin Sutton, by his will, gave a number of slaves to his wife, Sarah Sutton, for her life: and at her death to be divided among his four daughters, one of whom was Winifred, the wife of Joshua Barwick, one of the defendants. Joshua Barwick and his wife sold their interest in said slaves to the plaintiff, who took four of them into his... Most Relevant Cases  
Beale v. Digges 6 Gratt. 582, Supreme Court of Appeals of Virginia (January 01, 1850) 1850 1. A debtor remaining in possession of slaves for five years, under a parol loan, they are liable to satisfy his creditors, though the possession is resumed by the lender before executions are levied upon them. 2. Under the circumstances, an issue directed for the purpose of ascertaining whether the claim of the creditor for which he claimed to... Most Relevant Cases  
Bedford v. Flowers 30 Tenn. 242, Supreme Court of Tennessee (December 01, 1850) 1850 This was an action on the case brought in the circuit court of Smith, by the defendant against the plaintiffs in error, to recover damages for the conversion of a slave named Jesse, the property of the former. The declaration contains a count in trover, and several counts in case. The jury found for the plaintiff below, and assessed his damages, by... Most Relevant Cases  
Bell v. Speight 30 Tenn. 451, Supreme Court of Tennessee (December 01, 1850) 1850 The case is this, John P. Bell died intestate in 1846, possessed of a negro slave, named Virgil, the property in question. James Finley administered upon his estate, November 2, 1846; before the appointment and after intestate's death, the defendant, as a constable of Dickson county, had taken said slave in execution; he sold him on November 4,... Most Relevant Cases  
Bennett v. Butterworth 49 U.S. 124, Supreme Court of the United States (January 01, 1850) 1850 Where a plaintiff in the court below filed a petition for the recovery from the defendant of four slaves, whose value he alleged to be $2,700, and the jury found a verdict for the plaintiff for $1,200, the value of the negro slaves in suit, and the plaintiff thereupon released the judgment for $1,200, and the court adjudged that he recover of the... Most Relevant Cases  
Benton v. Patterson 8 Ga. 146, Supreme Court of Georgia (February 01, 1850) 1850 [1.] Are the four negroes levied on subject to be seized and sold as the property of Patterson, the defendant in execution? The answer to this question depends upon the construction to be put upon the will of Mrs. Cecilia Porter. If the bequest to her daughter, Mrs. Wilkinson, (at the time of making the will,) now Mrs. Patterson, created an estate... Most Relevant Cases  
Biles v. Holmes 11 Ired. 16, Supreme Court of North Carolina (June 01, 1850) 1850 Ordinary care, reasonable time and probable cause, the facts being established or proved, are questions of law, to be decided by the Court. The declarations of a slave, as to his health and the condition of his body, are admissible in evidence in an action brought by his master to recover damages for an injury done to him. The cases of Herring v.... Most Relevant Cases  
Bohannon v. Chapman 17 Ala. 696, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Circuit Court of Montgomery. Tried before the Hon. Samuel Chapman. THIS was an action of detinue, instituted on the 31st December 1844, by the defendant in error, as the administrator of Susan R. Clough, deceased, against the plaintiff in error, to recover a certain slave named in the pleadings. The declaration contains two counts. The... Most Relevant Cases  
Bond v. State 1 Morr.St.Cas. 469, High Court of Errors and Appeals of Mississippi (January 01, 1850) 1850 Where a prisoner is indicted for selling liquor to slaves without the permission of the owner, master, or overseer, it will not legalize the sale or excuse the prisoner that the master, with the view of detecting the prisoner in an illegal sale, gave his negro, without the prisoner's knowledge, permission to sell certain articles to the prisoner,... Most Relevant Cases  
Bourne v. Hocker 11 B.Mon. 23, Court of Appeals of Kentucky (December 09, 1850) 1850 Replevin. Attachment and Execution liens. ERROR TO THE MADISON CIRCUIT. Case stated and decision of the Circuit Court. THIS was an action of replevin brought by Bourne, a constable, against Hocker, a deputy sheriff of Madison county, for three slaves which the plaintiff, as constable, had taken under several common law attachments against one... Most Relevant Cases  
Britt v. Aylett 11 Ark. 475, Supreme Court of Arkansas (July 01, 1850) 1850 It is difficult to conceive upon what ground the plaintiff below could claim a recovery. It is in proof that the defendant below hired the negroes in controversy from the plaintiff for the period of twelve months, which had not expired at the date of the trial. It is clear therefore that, even admitting the title to be in the plaintiff, he was not... Most Relevant Cases  
Brockington v. Camlin 23 S.C.Eq. 189, Court of Appeals of Equity of South Carolina (May 01, 1850) 1850 Where, on the appraisement and division of the estate of her former husband among his children, the wife of defendant retained and claimed certain slaves as her own, under a deed from her father, and the claim was acquiesced in by all parties, and the distributees gave receipts to the administrator for their several proportions of the estate, and... Most Relevant Cases  
Brown v. Johnson 17 Ala. 232, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Circuit Court of Fayette. Tried before the Hon. Geo. 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 one William Moore, and claimed by the plaintiff in error. The mother of the slave was given by her father to Mrs. Moore, his daughter, and then... Most Relevant Cases  
Brown v. Wilson 6 Ired.Eq. 558, Supreme Court of North Carolina (June 01, 1850) 1850 In the year 1833, William Wilson, by deed, conveyed to John Wilson, his son, four negroes, in trust for himself, during his life, and at his death to his daughter, Jemima, during her life, and after her death, if she should have any issue, the said negroes to go to her issue forever; and in case of the death of the said Jemima without issue, then... Most Relevant Cases  
Buckner v. Lee 8 Ga. 285, Supreme Court of Georgia (February 01, 1850) 1850 [1.] Upon an agreement between A and B, that A should take certain negroes of B, and work them in a blacksmith's shop, furnish all supplies, pay all expenses, and give B one-half of the net proceeds of the shop, for the use of the negroes: Held, that as to third persons, A and B are partners. [2.] If the business of a firm is conducted by one of... Most Relevant Cases  
Buist v. Dawes 23 S.C.Eq. 37, Court of Appeals of Equity of South Carolina (January 01, 1850) 1850 Testator, by his last will and testament, devised and bequeathed his real and personal estate to his wife, during widowhood, with remainder, in case of her death or marriage, to his mother for life, remainder to James B. P. for life, i. e., the use thereof for life, and at his decease the said land, slaves and premises shall be, and is hereby... Most Relevant Cases  
Burgess v. Chandler 4 Rich. 170, Court of Appeals of Law of South Carolina (November 01, 1850) 1850 Where a father, on the marriage of his daughter, or even after marriage, puts slaves, (unless for some temporary purpose,) in the possession of his son-in-law, the law presumes it to be a gift: and, though it be in fact only a loan, as between the father and the son-in-law, still it is in law a gift, so far as subsequent creditors of the son-in-law... Most Relevant Cases  
Burney v. Galloway 11 Ired. 53, Supreme Court of North Carolina (June 01, 1850) 1850 An obligation in these words, ??On or before the first day of January next I promise to pay to Robert S. Burney or order $160, for the hire of a negro by the name of Abram, and the use of two full crops of boxes on Moore Creek. Witness, &c., is not a conditional obligation. Appeal from the Superior Court of Law of Brunswick County, at... Most Relevant Cases  
Caffey v. Rankin 11 Ired. 449, Supreme Court of North Carolina (December 01, 1850) 1850 On a petition, under our Act of Assembly, for permission to emancipate a slave, the right of property in the slave cannot be determined. If a claim of right in the property, supported by affidavit or otherwise, is set up, in opposition to the right asserted by the petitioner, the Court should stay proceedings on the petition, until this matter can... Most Relevant Cases  
Calhoun v. Furgeson 3 Rich.Eq. 160, Court of Appeals of Equity of South Carolina (November 01, 1850) 1850 Bequest to certain persons, naming them, trustees of the South Carolina Conference School, Cokesbury, Abbeville district, S. C., and their successors in office, as a fund in trust for the following specific use or uses, &c; held, that the bequest was valid. Testator bequeathed the whole of his estate, consisting of land, slaves,... Most Relevant Cases  
Calvert v. Stone 10 Ark. 491, Supreme Court of Arkansas (January 01, 1850) 1850 The verdict and judgment in this case do not fail to shock a reasonable sense of justice at first blush; and, so far from this impression being effaced by a scrutiny of the testimony, it is the rather more firmly fixed. At a regular, open and fair sheriff's sale, under execution, Calvert, by his agent, purchased four of Stone's negroes at sums... Most Relevant Cases  
Campbell v. Kirkpatrick 5 McLean 175, Circuit Court, D Ohio (October 01, 1850) 1850 At law. Action by John P. Campbell against Samuel Kirkpatrick to recover a penalty under the fugitive slave act of 1850. Most Relevant Cases  
Carpenter v. McBride 3 Fla. 292, Supreme Court of Florida (January 01, 1850) 1850 The complainants in this case come into Court and claim the proceeds of what is termed the McBride obligation, transferred by A. R. S. Hunter to Leigh Read, in part payment for lands and negroes sold by Read to Hunter. This instrument is in the following words: Condition of a bargain and sale made and entered into between Archibald R. S. and James... Most Relevant Cases  
CASE OF THE MARSHAL OF THE DISTRICT OF MASSACHUSETTS. 5 U.S. Op. Atty. Gen. 272 (November 25, 1850) 1850   Most Relevant Administrative Decisions & Guidance  
Charles v. State 11 Ark. 389, Supreme Court of Arkansas (July 01, 1850) 1850 The provision in the constitution, (sec. 25, Art. III,) which declares that any slave who shall be convicted of a capital offence, shall suffer the same degree of punishment as would be inflicted on a free white person, and no other, has reference to the mode of inflicting capital punishment, and does not prohibit the General Assembly... Most Relevant Cases  
City Council v. Seeba 35 S.C.L. 319, Court of Appeals of Law of South Carolina (February 01, 1850) 1850 In a summary process under the ordinance of the city of Charleston, against loitering, in describing the negroes it is not necessary to set forth either the sex of the negroes or their names, or the names of their owners. Most Relevant Cases  
Clements v. Smith 9 Gill 156, Court of Appeals of Maryland (June 01, 1850) 1850 The right of a party who had purchased a slave, warranted by the vendor to be sound, but who proved to be unsound, to rescind the contract does not depend upon the fact that he returned or offered to return the negro within a reasonable time after the sale, but whether he did so within a reasonable time after he discovered the alleged fraud. Where... Most Relevant Cases  
Collier v. Collier 3 Rich.Eq. 555, Court of Appeals of Equity of South Carolina (December 01, 1850) 1850 Testator bequeathed to his deceased son John's children a negro; to his deceased son William's children another negro; to his daughter Margaret, and to each of his other four children, naming them, certain negroes; and, tenthly, all the rest of my estate not yet disposed of, I give to be equally divided among my above named heirs;Held,... Most Relevant Cases  
Com. v. Kenner 11 B.Mon. 1, Court of Appeals of Kentucky (December 03, 1850) 1850 Selling Spirituous Liquor to Slaves. WRITS OF ERROR TO THE CHRISTIAN CIRCUIT. THESE four cases come before us on presentments found under the second section of the act of 1834, concerning tavern keepers etc., Statute Law, 1503. That section enacts that if any person shall sell, give or loan any spirituous liquor to any slave or slaves, other... Most Relevant Cases  
CONSTITUTIONALITY OF THE FUGITIVE SLAVE BILL. 5 U.S. Op. Atty. Gen. 254 (September 18, 1850) 1850   Most Relevant Administrative Decisions & Guidance  
Cooke v. Beale 11 Ired. 36, Supreme Court of North Carolina (June 01, 1850) 1850 The plaintiff had, by the County Court of Hertford, been appointed guardian of some minor children. Subsequently he removed into Virginia, near the line, and took with him a part of the slaves belonging to his wards, and kept them in his own service and hired out the remainder in this State, and duly made his returns to Court. Upon these facts and... Most Relevant Cases  
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