TitleCitationYearSummaryMost RelevantTypeStatus
Curd v. Miller's Ex'rs 7 Gratt. 185, Supreme Court of Appeals of Virginia (December 07, 1850) 1850 Lewis, the grantor in the bill of sale to the appellee of the 27th of November 1835, in the proceedings mentioned, having, notwithstanding his alleged absolute sale of the slave Hezekiah thereby conveyed, continued in the possession of the said slave, such continued possession raises the legal presumption that the sale was fraudulent as regards the... Most Relevant Cases  
Curll v. Compton 14 Smedes & M. 56, High Court of Errors and Appeals of Mississippi (November 01, 1850) 1850 A married woman holding slaves under the act of 1839, cannot pass a valid title to them so as to convey them to third parties, in any other mode than that designated in the statute. A gift therefore, by a married woman, of a slave owned by her, under the act of 1839, to a third party, evidenced by a writing not under seal, and in which the husband... Most Relevant Cases  
Davis v. Irwin 8 Ga. 153, Supreme Court of Georgia (February 01, 1850) 1850 [1.] Where a Sheriff sold negroes under executions, at a Sheriff's sale, and delivered one of the negroes to the purchaser, with the understanding that the Sheriff was to call at a certain bank the next morning, and receive a check for the purchase money; when the Sheriff called at the bank next morning, for the check, it was refused, under... Most Relevant Cases  
Dean v. Clarke 5 La.Ann. 105, Supreme Court of Louisiana (January 01, 1850) 1850 Appeal by plaintiff from the District Court of the parish of Jefferson, Clarke, J. This suit was brought by the plaintiff to recover from the defendant, who was a notary, money and notes deposited with him as the price of a slave which the plaintiff had purchased at a sale made to effect a partition between certain heirs, upon the ground that he... Most Relevant Cases  
Dean v. Traylor 8 Ga. 169, Supreme Court of Georgia (February 01, 1850) 1850 [1.] To entitle the vendee to recover damages of the vendor, for a breach of warranty of soundness, in the sale of negro children, whose mother was proven to have died of consumption, it is necessary to shew, either that the disease was hereditary in the family, or that the children were born subsequent to the actual existence of the complaint in... Most Relevant Cases  
Dent v. Portwood 17 Ala. 242, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Circuit Court of Pickens. Tried before the Hon. Geo. Goldthwaite. THIS was an action of detinue by the defendant against the plaintiff in error for a slave. On the trial the plaintiff proved that the slave was once owned by Robert Oliver, deceased, and was allotted to Jefferson W. Oliver, one of the distributees, on a division of the... Most Relevant Cases  
Dillard v. Philson 36 S.C.L. 213, Court of Appeals of Law of South Carolina (May 01, 1850) 1850 The possession of the Ordinary, as administrator, ex officio, of a derelict estate, and the subsequent possession of the same estate by the beneficiary under the will of the testator, is the same possession, and may be united to complete the statutory bar to an action of trover to recover the value of certain slaves of the estate, alleged to have... Most Relevant Cases  
Dillon v. Bennett 14 Smedes & M. 171, High Court of Errors and Appeals of Mississippi (November 01, 1850) 1850 W. having notes of G., secured by a deed of trust on land and slaves, G. sold part of the slaves to B., and subsequently all the other slaves; and at last, with the assent of W., sold the land for a sum sufficient to pay the whole debt due to W.; but by agreement with W. paid him only half the sum the land sold for, retaining the residue for... Most Relevant Cases  
Doss v. Birks 30 Tenn. 431, Supreme Court of Tennessee (December 01, 1850) 1850 This is an action for slanderous words. The declaration alleges that the defendant, Doss, said of the plaintiff, while speaking of the trial of the defendant's slave for insolence, that the plaintiff swore a lie. On the trial it was proved by the justice, before whom the cause was pending when the oath was taken, that the plaintiff was sworn with... Most Relevant Cases  
Downey v. Bullock 7 Ired.Eq. 102, Supreme Court of North Carolina (December 01, 1850) 1850 From the proofs we are satisfied, that much the larger part of the amount, for which the plaintiff became bound, were debts of John Hunt contracted for his own purposes, and not for the support and education of his children, or for expenses incurred on account of the slaves. We are also satisfied, that the plaintiff assumed the liability, trusting... Most Relevant Cases  
Edelen v. Middleton 9 Gill 161, Court of Appeals of Maryland (December 01, 1850) 1850 A testator bequeathed certain negroes to his son, to be paid to him after the natural life of my wife, Eleanor, and myself, at which death may last happen. But in case my said son shall die without lawful issue, and before he possesses said negroes, in case thereof, my will and desire is, that the whole of them shall go to my daughter, and in... Most Relevant Cases  
Elliott v. Gibson 10 B.Mon. 438, Court of Appeals of Kentucky (September 19, 1850) 1850 Slaves. Fugitive Slaves. Rewards. Constitutional law. ERROR TO THE JEFFERSON CIRCUIT. The case stated THIS is an action of assumpsit by Gibson to recover of Elliott the sum of $100 for apprehending, in the State of Indiana, a fugitive slave, the property of the defendant, and delivering him to the defendant at his residence, in Louisville, in this... Most Relevant Cases  
Ewing v. Thompson 13 Mo. 132, Supreme Court of Missouri (January 01, 1850) 1850 The record in this cause presents the following material fact. In September, 1848, the appellant was the owner of a slave named Anderson, and the appellee was the owner of a slave named Henry. Anderson was by law subject to work on a certain road district in Clay county, of which one Edward M. Samuel was overseer. The said overseer had notified the... Most Relevant Cases  
Ex parte Tolson 36 S.C.L. 88, Court of Appeals of Law of South Carolina (May 01, 1850) 1850 On the trial of an indictment for trading with a slave, the defendant had been convicted, and not appearing to receive sentence, it had been sealed up and deposited with the clerk. At the next term, the sentence being opened, was found to impose both fine and imprisonment, and the defendant still not appearing, the prosecutor made a motion that the... Most Relevant Cases  
Fanshaw v. Jones 11 Ired. 154, Supreme Court of North Carolina (June 01, 1850) 1850 An infant mulatto child was found at the door of a gentleman, who took charge of it, and it remained in his possession for more than seven years, he professing that he did not claim her as a slave, but believed she was free, and refused to deliver her to any person, who could not show a good title to her as a slave. At his death, he left her two... Most Relevant Cases  
Farnsworth v. Lemons 30 Tenn. 140, Supreme Court of Tennessee (September 01, 1850) 1850 The material facts, so far as we need refer to them, are briefly these: Robert Allen died in 1811, leaving his last will and testament, in which is the following bequest, to wit: I give and bequeath to my wife Martha Allen, two negroes, one by the name of Prissy, the other by the name of Letty, to hold during her natural life, and at her decease,... Most Relevant Cases  
Ferguson v. Carter 8 Ga. 524, Supreme Court of Georgia (July 01, 1850) 1850 [1.] It seems that in 1838, Richard Christmas, the father of Martha H. Ferguson, made a deed of gift to her and her children, of four slaves. Jesse Carter and two other judgment creditors had these negroes levied on as the property of Ferguson, the husband of the donee. A bill was filed in 1842, in behalf of Mrs. Ferguson and her children,... Most Relevant Cases  
Francis v. Welch 11 Ired. 215, Supreme Court of North Carolina (August 01, 1850) 1850 A negro slave was permitted by his master to own a horse. Afterwards the negro was sold to A., and the horse was taken to the latter's house. A. directed the negro to take the horse away, and he was accordingly given to the negro's son, who was the slave of B. B. set up no claim to the horse and his slave sold him to another person. Held, that A.... Most Relevant Cases  
Galt v. Jackson 9 Ga. 151, Supreme Court of Georgia (October 01, 1850) 1850 Abel Jackson filed his bill in the Superior Court of Murray County, charging, among other things, that on the 3d day of March, 1845, he was the owner of a negro girl, named Caroline; that being in want of $400, he mortgaged said slave to Edward M. Galt, as the agent of Frances Galt, and delivered the possession of the girl to Edward M. Galt, upon... Most Relevant Cases  
Gayle v. Bancroft 17 Ala. 351, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. CERTAIN slaves were levied on by the sheriff of Mobile county under an execution in favor of George Bancroft, the intestate of the defendant in error, against Phillips Gayle, William Bower and Duke Goodman, to which a claim was interposed by Richard W. Gayle and bond given by... Most Relevant Cases  
Gentry v. Bailey 6 Gratt. 594, Supreme Court of Appeals of Virginia (January 01, 1850) 1850 Our law of distributions gives to a widow one third at least of her husband's personal estate of which he dies intestate, (after payment of debts and charges of administration,) to be enjoyed, in regard to the slaves, during her life, and as to the rest, in absolute property; and where he leaves a will, authorizes her to reject its provisions in... Most Relevant Cases  
Gill's Heirs v. Logan's Heirs 11 B.Mon. 231, Court of Appeals of Kentucky (January 20, 1850) 1850 The case stated?? IN 1833, the will of George Gill was admitted to probate, containing among others the following clauses: Item 8. I give to Robert S. Sanders, in special trust for my daughter Elizabeth Logan and her children, the farm on which Robert Logan now lives, containing, etc., also five negroes by name amounting in the whole to the sum... Most Relevant Cases  
Grace v. Mercer 10 B.Mon. 157, Court of Appeals of Kentucky (January 12, 1850) 1850 Mortgages. Sales of mortgaged property. APPEAL FROM THE CALDWELL CIRCUIT. Case stated. ON the 22nd December, 1843, Mercer executed a mortgage to Flournoy on seventeen slaves, to secure the latter, as his surety, in a debt of $2,000, due to Cruce, and a debt of $1,500 to the Bank of Kentucky. Flournoy was also a security for Mercer in a replevin... Most Relevant Cases  
Graham v. Kinder 11 B.Mon. 60, Court of Appeals of Kentucky (December 19, 1850) 1850 Apprentices. Chancery. Jurisdiction. APPEAL FROM THE GARRARD CIRCUIT. The case stated. KINDER, a boy of color, exhibited a bill in Chancery, in which he alleged that his mother was a free woman of color, and he was born free. That Graham was the owner of an old black man named Ned, who was the husband of complainant's mother; and that in the year... Most Relevant Cases  
Griffin v. Richardson 11 Ired. 439, Supreme Court of North Carolina (December 01, 1850) 1850 A., by a bona fide deed proved and registered in May 1843, conveyed a slave to B?? in trust to secure the payment of certain debts. B. by deed, conveyed the slave to C. for a certain price, all of which was afterwards paid by A?? except $100, C. then by deed dated in 1847, and proved in 1849, in consideration of the said $100 conveyed the slave to... Most Relevant Cases  
Guillemette v. Harper 4 Rich. 186, Court of Appeals of Law of South Carolina (November 01, 1850) 1850 If a master carry his slave to Ireland to set him free, or while there assent in any way to his freedom, there can be no objection to the validity of freedom thus acquired. A master carried from Georgia, his slave, Patrick, to Ireland and there died. While there he executed a will and a codicil thereto. The codicil contained the following clause:... Most Relevant Cases  
Gunn v. Barrow 17 Ala. 743, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Circuit Court of Chambers. Tried before the Hon. John J. Woodward. THIS was an action of detinue, instituted by the plaintiff against the defendant in error, to recover four slaves. The plaintiff made title to the slaves under a deed of trust, the substance of which is stated in the opinion of the court. It appears that the slaves were... Most Relevant Cases  
Haggerty v. Corri 5 La.Ann. 433, Supreme Court of Louisiana (May 01, 1850) 1850 Appeal from the Fifth District Court of New Orleans, Buchanan, J. The judgment of the court of the first instance was as follows: Plaintiff claims to have been, since the 27th May, 1837, and to be still, the owner of a slave named George, which has been sold by the defendant, to his prejudice. Defendant pleads the general issue, and alleges... Most Relevant Cases  
Hall v. McLain 30 Tenn. 425, Supreme Court of Tennessee (December 01, 1850) 1850 The only question for our consideration in this case is, whether the negroes in controversy survived to Mrs. Robinson, the defendant Taylor's intestate, or did the title to them become vested in Robinson, McLain's intestate, by virtue of his marital right? The facts are, shortly, as follows: Jesse Hudson made his will, and died in the beginning of... Most Relevant Cases  
Ham v. State 17 Ala. 188, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Circuit Court of Perry. Tried before the Hon. John D. Phelan. THE indictment in this case alleges that Henry Ham, the plaintiff in error, on the first day of January 1847, a slave Fuller, of the value of seven hundred dollars, of the goods and chattels of one Mordecai Delashmert, then and there being found, then and there feloniously... Most Relevant Cases  
Harris v. Hill 11 B.Mon. 199, Court of Appeals of Kentucky (January 14, 1850) 1850 Chancery practice. Attached property. ERROR OF THE MASON CIRCUIT. Case stated and decision of the Circuit Court. HARRIS instituted a suit in chancery against Patton, to foreclose a mortgage on some slaves, and to have the property sold for the payment of the debts secured by the mortgage. He obtained an order directing the sheriff to take the... Most Relevant Cases  
Harrison v. Renfro 13 Mo. 446, Supreme Court of Missouri (July 01, 1850) 1850 Crockett Harrison sued Reuben M. Renfro in the Callaway Circuit Court to the October term, 1844, by petition in debt, and attached two slaves in the possession of Mrs. Renfro, as the property of the defendant, and had judgment by default, on publication of notice at April term, 1846. At the October term, 1846, Mrs. Renfro appeared and claimed the... Most Relevant Cases  
Hatcher v. Robertson 23 S.C.Eq. 179, Court of Appeals of Equity of South Carolina (May 01, 1850) 1850 The testator willed and bequeathed, to six persons, (named,) certain slaves, to be equally divided between them and their heirs forever, and three of the said legatees, (the fact being unknown to the testator up to the period of his death,) had died before the execution of the will. Held, that the bequests, to the three... Most Relevant Cases  
Headen v. Headen 7 Ired.Eq. 159, Supreme Court of North Carolina (December 01, 1850) 1850 One of the points stated is, whether the slaves, which were conveyed to the respective grand-children, and had been in the possession of their mothers, are to be brought into hotchpot as advancements, either to the grand children or the mothers. They are not.--The grand-children are not entitled to a distributive share in their own rights, but as... Most Relevant Cases  
Heathcock v. Pennington 11 Ired. 640, Supreme Court of North Carolina (December 01, 1850) 1850 The degree of eare to be taken of a hired slave does not differ from that required as to other things. It is erroneous to leave the question of due care to the jury; since it is the province and duty of the Court to advise them on that point, supposing them to be satisfied of certain facts. Ordinary care is that degree of it, which, in the same... Most Relevant Cases  
Henley v. Arbuckle 13 Mo. 209, Supreme Court of Missouri (January 01, 1850) 1850 This was an action of detinue, for six slaves, to which the defendant pleaded the former statute general issue, applicable to all actions; upon which there was a jury trial. The record contains a formal verdict and judgment for the plaintiff. From a bill of exceptions in the cause it appears, the jury returned a verdict in which they state that... Most Relevant Cases  
Henry v. State 30 Tenn. 224, Supreme Court of Tennessee (December 01, 1850) 1850 The slave, Henry, was convicted in the circuit court of Williamson, of the murder of John G. Eelbeck, and sentence of death having been pronounce upon the verdict, he has appealed in error to this court. The able counsel, assigned by this court, to defend the prisoner, have not been able to raise any question of law upon the record of his... Most Relevant Cases  
Henry v. Wilson 11 Ired. 285, Supreme Court of North Carolina (August 01, 1850) 1850 This was detinue, for negro Amy and her two children, decided upon a case agreed, viz: Sarah McIntire in 1815 bequeathed the negro Amy to the plaintiff in these words, I give to my niece, Elizabeth Henry, the services of my servant Amy, during her life, the said Amy to be liberated at her death, according to the laws of the State, provided the... Most Relevant Cases  
Hooks v. Lee 7 Ired.Eq. 83, Supreme Court of North Carolina (December 01, 1850) 1850 Where in an agreement in contemplation of marriage between A. and B. the intended wife, (no trustee being interposed) it was stipulated that B. shall have and hold (her property) the land, negroes, &c., to the only use and benefit of the said B. her executors and assigns forever. Held, that these words cannot be considered as... Most Relevant Cases  
Horton v. Moseley 17 Ala. 794, Supreme Court of Alabama (January 01, 1850) 1850 Error to the Chancery Court of Madison. Tried before the Hon. David G. Ligon. THE bill in this case, which was filed by the plaintiff against the defendant in error, alleges that the complainant is the administrator on the estate of his father Burrell Horton, who died in eighteen hundred and thirty _, leaving an estate of seven negroes, and his... Most Relevant Cases  
Hull v. Clark 14 Smedes & M. 187, High Court of Errors and Appeals of Mississippi (November 01, 1850) 1850 The court of chancery, in this state, has jurisdiction of a bill for the specific recovery of slaves, without an express allegation of the pretium affectionis. A sale made by an administrator of slaves belonging to his intestate, without order of court, is void, and passes no title to the purchaser. Such slaves may, therefore, being unadministered... Most Relevant Cases  
Hunter v. Bradford 3 Fla. 342, Supreme Court of Florida (January 01, 1850) 1850 On the 22d December, 1839, Leigh Read sold to Archibald R. S. Hunter his plantation of 940 acres of land--20 negroes, with planting utensils, hogs, cattle, oxen, mules, corn and fodder, and household and kitchen furnitture, for $27,500, to be paid in part upon the delivery of the property on the 1st of January, 1840, in promissory notes of Mrs.... Most Relevant Cases  
Huntly v. Huntly 6 Ired.Eq. 514, Supreme Court of North Carolina (June 01, 1850) 1850 A. being separated from her husband, it was agreed between B., the brother of A. and the husband, that, in consideration of two hundred dollars and other considerations from B to the husband, the husband should deliver three negroes to B., for the sole and separate use of A., and the negroes were accordingly so delivered. Afterwards A. became... Most Relevant Cases  
Johnson v. State 8 Ga. 453, Supreme Court of Georgia (July 01, 1850) 1850 [1.] The Act of 1847, to prevent white people from gambling with negroes and free persons of color, creates the offence in three different forms. 1st. Playing and betting with a negro or free person of color, by those engaged in the game, is an offence. 2d. Also, playing without betting, on the part of those engaged, but with the purpose that... Most Relevant Cases  
Jones v. Abernathy 11 Ired. 280, Supreme Court of North Carolina (August 01, 1850) 1850 Without considering the question, whether a general residuary clause vests in the legatee the legal remainder in slaves, specifically given to another for life, upon the assent of the executor to the legacy for life, the Court holds this case to be against the plaintiff. For, supposing the affirmative to be true ordinarily, it is not so upon this... Most Relevant Cases  
Jones v. White 30 Tenn. 268, Supreme Court of Tennessee (December 01, 1850) 1850 This is an action upon a covenant of warranty of the soundness of a negro man sold to White by Jones. Upon the trial several physicians were examined as to the health of the negro, and the character and duration of his disease, and the physicians and others were permitted to state the facts disclosed to them by the negro, in relation to the... Most Relevant Cases  
Jordan v. Foster 11 Ark. 139, Supreme Court of Arkansas (January 01, 1850) 1850 A defect in property when sold, which is obvious to every observer, and required no skill to detect it is not covered by express warranty. But where a slave, warranted sound, is afflicted with a disease of such a nature as not to be observed by an unskilled eye, though the effects of the disease might be easily seen, such defect is covered by the... Most Relevant Cases  
Judge v. State 8 Ga. 173, Supreme Court of Georgia (February 01, 1850) 1850 [1.] When a Jury have been regularly drawn and summoned for the trial of a slave, charged with a capital offence, according to the Statutes of this State, such slave is entitled to be tried by such Jury, and the Justices of the Inferior Court have not the right, capriciously to discharge such Jury, without some good and legal cause, and summon any... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Kemp v. State 30 Tenn. 320, Supreme Court of Tennessee (December 01, 1850) 1850 The plaintiff in error was indicted in the Davidson circuit court for stealing Alfred, the slave of Caleb Harrison, and on his trial was found guilty by the jury. A motion was made for a new trial, which was refused, and the prisoner appealed to this court. It appears from the evidence of John C. Pentecost, and the prosecutor, Harrison, that on the... Most Relevant Cases  
Kit v. State 30 Tenn. 167, Supreme Court of Tennessee (December 01, 1850) 1850 The prisoner, a slave, was convicted in the circuit court of Rutherford, of a robbery from the person of James Hutchinson. A motion in arrest of judgment was sustained, and the attorney for the State has appealed in error to this court. The question is, therefore, on the indictment, and the objection made is, that it does not aver that the goods... Most Relevant Cases  
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