Title | Citation | Year | Summary | Most Relevant | Type | Status |
Knox v. Fair |
17 Ala. 503, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Circuit Court of Montgomery. Tried before the Hon. Thos. A. Walker. THIS was a trial of the right of property in several slaves, towit, a woman by the name of Sarah and her children, levied upon on the 16th April 1849, under an execution in favor of the plaintiff in error against John B. Taylor, and claimed by the defendant in error.... |
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Laney v. Bradford |
4 Rich. 1, Court of Appeals of Law of South Carolina (November 01, 1850) |
1850 |
The discretion of the Court in imposing terms upon the grant of a new trial, may always be exercised according to the exigency of the case. After a verdict for the plaintiff, in trover for slaves, a new trial was moved for, on the ground that the whole value of the slaves was found when the plaintiff's interest in them was only for life:-because... |
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Lanham v. Meacham |
23 S.C.Eq. 203, Court of Appeals of Equity of South Carolina (May 01, 1850) |
1850 |
Testator, in his will, first expressed a wish to exempt from sale, or division, certain negroes, then further says, It is my will and desire that my brother, J. M., take the above named negroes under his charge, and act as their guardian, and do all things in relation to them as he may think best. He then devised and bequeathed his... |
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Lawton v. Hunt |
23 S.C.Eq. 1, Court of Appeals of Equity of South Carolina (January 01, 1850) |
1850 |
By the laws and usages of this country, an executor is entitled to the controul and possession of the real estate, so far as it is necessary to enable him to carry into effect the will of his testator, by making crops, collecting rents, and deriving income, as the testator had himself done; and any interference with the executor in this lawful... |
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Lesly v. Collier |
3 Rich.Eq. 125, Court of Appeals of Equity of South Carolina (November 01, 1850) |
1850 |
Testator bequeathed as follows: I give and bequeath unto P. C., and in the event of his dying without issue, to go to his blood relations, the following negroes, &c. P. C. died, without issue, in the life-time of testator; Held (1) that it was not the intention of testator that the blood relations should take as the substitutes, or alternates... |
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Lewis v. Henley |
2 Ind. 332, Supreme Court of Indiana (November 01, 1850) |
1850 |
Mandamus issued on the application of L. against the trustees of school district, No. 6, &c., to show cause why they did not prevent colored children, commonly called Negroes, from attending the public school taught in said district. L. was a white inhabitant and tax-payer of the district. Held, that the application for the writ... |
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Lyde v. Taylor |
17 Ala. 270, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Chancery Court of Montgomery. Tried before the Hon. Anderson Crenshaw. THE object of this bill, which was filed by the plaintiffs against the defendants in error, was to obtain security for the forthcoming of certain slaves in the possession of the defendants, in which the plaintiffs claim the remainder after the death of their mother,... |
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Macon & Western Rail Road Co. v. Holt |
8 Ga. 157, Supreme Court of Georgia (February 01, 1850) |
1850 |
[1.] A permit or ticket to a slave, must specify the length of time that he is to be absent, and the places which he is allowed to visit. [2.] The Macon & W. R. R. Company took on board their cars the slave of H, having a general pass, and without the knowledge and consent of H, to transport him to a given point, for the usual fare for negroes:... |
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Martin v. Henley |
13 Mo. 312, Supreme Court of Missouri (March 01, 1850) |
1850 |
This was an action of detinue brought by the plaintiffs to recover a negro boy. To this the defendant filed two pleas. 1st. Non-detinue. 2nd. That the negro boy was not the property of the plaintiffs. On the trial of this cause, Mrs. Williams testified that Elizabeth Martin, one of the plaintiffs, was her grandchild, and that the negro boy in... |
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Maulden v. Thomas |
9 Ga. 174, Supreme Court of Georgia (October 01, 1850) |
1850 |
[1.] Where a deed conveyed a negro to certain parties and added, Provided, always, that this deed of gift shall be the right and property of J T, until M T arrives at the age of twenty-one years: Held, that J T took no title to the property conveyed. [2.] The laws of North Carolina, requiring deeds of gift to be proven and registered... |
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Maultsby v. Carty |
30 Tenn. 361, Supreme Court of Tennessee (December 01, 1850) |
1850 |
This bill is brought to recover several negro slaves which the complainant claims title to by virtue of a bill of sale to him from John Savage, for a negro girl, Nancy, who is the mother of the other negroes. It appears from proof in the cause, that Anthony Maultsby died in North Carolina, about the year 1800, having made his will, whereby he... |
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Maxwell v. Miller |
11 Ired. 272, Supreme Court of North Carolina (August 01, 1850) |
1850 |
One may recover in an action of covenant or assumpsit, on a bill of sale for a slave, for a warranty of the soundness of the slave, although there be no witness to the bill of sale. Appeal from the Superior Court of Law of Mecklenburg County, at the Spring Term 1850, His Honor Judge DICK presiding. This was assumpsit, upon the warranty of the... |
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McCarthy v. Lewis |
5 La.Ann. 115, Supreme Court of Louisiana (February 01, 1850) |
1850 |
Appeal by plaintiff from the Fourth District Court of New Orleans, Strawbridge, J. The judge of the district court gave the following judgment for the defendant: The plaintiff claims the value of a slave who was received in the parish prison, and after a detention of ten days without any commitment was taken ill, and shortly after being... |
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McCartney v. Calhoun |
17 Ala. 301, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Chancery Court of Talladega. Tried before the Hon. David G. Ligon. THE facts of this case, so far as they are necessary to elucidate the opinion, are briefly these: David Calhoun, the father of the defendants in error, died in 1826, in Franklin county, Georgia, possessed of the slaves in controversy and other property, and Matilda... |
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McColl v. Weatherly |
36 S.C.L. 72, Court of Appeals of Law of South Carolina (May 01, 1850) |
1850 |
The note was made payable to one as guardian, for the hire of the slave of his ward; held, that the legal title to the note was in the guardian, and at his death, although he died insolvent, it devolved on his administrator to whom the money belonged, unless some right could be shown by the plaintiff (the ward and her husband) to receive it in... |
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McCroan v. Pope |
17 Ala. 612, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Chancery Court of Benton. Tried before the Hon. Wilie W. Mason. THE facts of this case are as follows: In 1833, Rhesa Bostick, a citizen of Burke county, in the State of Georgia, by his last will and testament devised and bequeathed to George S. Morris certain lands in said county and State, together with a number of slaves, on the... |
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McGuire v. State |
1 Morr.St.Cas. 462, High Court of Errors and Appeals of Mississippi (January 01, 1850) |
1850 |
In a prosecution against one indicted for selling liquor to a slave, without the permission of the owner, master, or overseer, it is not sufficient merely to prove the sale of the liquor to the slave; the state must show affirmatively that the sale was made without the permission of the master, owner, or overseer. It was held,... |
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McMaster v. Booth |
3 Code Rep. 111, Supreme Court, New York (August 01, 1850) |
1850 |
Motion for reference. The complaint sets forth that the plaintiffs occupied one of the shops belonging to the Sing Sing Prison, carrying on the business of plane-making; that the agent of said prison caused to be put, into a wooden building adjoining, a steam engine and furnace, and machinery connected therewith; that a negro convict was employed... |
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McNair v. McKay |
11 Ired. 602, Supreme Court of North Carolina (December 01, 1850) |
1850 |
No action at law can be maintained, to collect the assets of a deceased man, except by his personal representative; but where A., claiming a slave as a distributee of B., employs C. to sell such slave, and C. accordingly sells the slave and receives the price, he receives it for the use of A., and cannot dispute the title of A., but is bound to... |
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McNulty v. Wilson |
35 S.C.L. 231, Court of Appeals of Law of South Carolina (February 01, 1850) |
1850 |
By the Act incorporating Georgetown, the power of levying a poll tax on all persons not freeholders, is granted to the Town Council: This power was held to have been legally exercised against a citizen who from not making any return of, nor paying any tax on real estate, was not known as a freeholder. The patrol law of 1839, transferring to and... |
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Meadows v. Meadows |
11 Ired. 148, Supreme Court of North Carolina (June 01, 1850) |
1850 |
The opinion of the Court is clear, that there was no such possession of the son, while he continued to live with his father, as could constitute a good gift of the slave, as an advancement under the statute. An actual delivery and visible change of possession are indispensable to constitute a valid parol gift. This point was so fully investigated... |
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Merriwether v. Eames |
17 Ala. 330, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Circuit Court of Greene. Tried before the Hon. John D. Phelan. THIS was an action of detinue for a slave, instituted by the plaintiff against the defendant in error. The plaintiff claimed the slave in controversy under a deed of gift from his father, who was the son-in-law of Zachary Merriwether, deceased, and whose claim of title... |
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Moffatt v. Buchanan |
30 Tenn. 369, Supreme Court of Tennessee (December 01, 1850) |
1850 |
The bill was filed April 13, 1848, in chancery at Fayetteville, to recover possession of a negro slave, Sam. The material facts are these: there was an execution in favor of John McCollam v. Moses and Robert Buchanan for about $165, for which complainant, Wm. Moffatt was originally liable--this execution was levied on the slave Sam, then probably... |
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Moffitt v. McDonald |
30 Tenn. 457, Supreme Court of Tennessee (December 01, 1850) |
1850 |
This is a bill to establish a resulting trust in favor of complainant. It appears that, previous to the date hereinafter stated, John A. Johnson and Moses Buchanan, now deceased, were the joint equal owners of certain slaves, namely, Nelly, Tilda, Sam, Viney, Margaret and Henry. On the 12th of January, 1841, Johnson made a power of attorney,... |
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Moore v. Foster |
10 B.Mon. 255, Court of Appeals of Kentucky (June 12, 1850) |
1850 |
Ferries. Slaves. New trial. ERROR TO THE KENTON CIRCUIT. Case stated. MOORE brought an action of debt on the statute of 1831, (1 vol. Stat. Law. 715,) against Foster, who was the owner and keeper of a ferry across the Ohio river, for the penalty imposed on him as such, by the act, for conveying over said river a slave, the property of the... |
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Moore v. Lambeth |
5 La.Ann. 66, Supreme Court of Louisiana (January 01, 1850) |
1850 |
Appeal by defendant from the District Court of the parish of Natchitoches, Olcott, J. This appeal was tried in New Orleans, by consent of parties. The plaintiff had entrusted her slaves to F. N. Waddell, as her agent, to transport them from North Carolina to Louisiana, for the purpose of planting in the latter State. The slaves remained for several... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Moore v. Thornton |
7 Gratt. 99, Supreme Court of Appeals of Virginia (May 14, 1850) |
1850 |
(Absent Cabell, P.) 1. Commissioners are appointed to divide slaves among legatees, and are directed to allot and deliver to each his share. They make the division, and deliver to each legatee the slaves allotted to him. The legatees are satisfied at the time, with the division and allotment; and each takes possession of the slaves allotted to him,... |
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Morris v. Richardson |
30 Tenn. 389, Supreme Court of Tennessee (December 01, 1850) |
1850 |
This was a petition to the circuit court of Davidson, for the partition of real estate and the sale of certain slaves. William Richardson died, perhaps in the year 1847. He left surviving him his widow, Cynthia Richardson, and the following named children, Elizabeth, (who intermarried with Isaac E. Morris), Turner, James, Cynthia, Dudley and John.... |
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Morrow v. Whiteside's Ex'r |
10 B.Mon. 411, Court of Appeals of Kentucky (September 12, 1850) |
1850 |
Husband and wife. Slaves. Law. Equity. ERROR TO THE HOPKINS CIRCUIT. Case stated. IN the year 1841 Sarah Winstead, being the owner of a female slave, intermarried with one Samuel Whitesides. Prior to her marriage she had hired out the slave for one year. Before the expiration of the year, her and her husband both died; she, however, having died... |
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Moses v. State |
29 Tenn. 456, Supreme Court of Tennessee (April 01, 1850) |
1850 |
The plaintiff in error was convicted in the circuit court of Lauderdale, of the murder of Benjamin Huckaby, a free white man; sentence of death was pronounced upon him, from which he appealed in error to this court. The bill of exceptions shows that in empanelling a jury to try the prisoner, a panel of eighty-one jurors was exhausted, out of which... |
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Munday v. Mims |
36 S.C.L. 132, Court of Appeals of Law of South Carolina (May 01, 1850) |
1850 |
For the use of the defendant, who was non compos mentis, a large estate, consisting of a plantation and negroes, was vested by his father's will in a trustee, who refused to act. A trustee, appointed by the Court of Equity, died, and, before his successor was appointed, a horse was needed for the plantation, and bought by defendant. The Court held... |
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Murphy v. Caldwell |
3 Rich.Eq. 20, Court of Appeals of Equity of South Carolina (November 01, 1850) |
1850 |
A parol gift of a slave to a trustee, to the separate use of a married woman, held valid, as against a creditor of the husband, although the slave went into the possession of the wife, the husband having the custody as property held by the trustee for his wife. |
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Nelson v. Iverson |
17 Ala. 216, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Circuit Court of Macon. Tried before the Hon. John J. Woodward. THIS was an action of detinue instituted by the plaintiff against the defendant in error to recover two slaves, which he claimed by virtue of a parol gift from his uncle, Garland Dawkins. The proof tended to show that in 1823 the said Garland Dawkins gave a slave by the... |
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Nelson v. State |
29 Tenn. 518, Supreme Court of Tennessee (April 01, 1850) |
1850 |
The plaintiff in error was indicted in the circuit court of Hardin county, for the murder of David Sellars, a free white man, on the 11th of November, 1845. The case was transferred to Perry county by change of venue, and at the September term, 1849, of said court, the prisoner was brought to the bar and put upon his trial. The prisoner challenged... |
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Nesbitt v. Drew |
17 Ala. 379, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Circuit Court of Cherokee. Tried before the Hon. Thomas A. Walker. ASSUMPSIT by the defendant against the plaintiffs in error on a promissory note for one hundred and sixty-eight dollars, made by them to him for the hire of two slaves, dated the 23d January 1847, and payable the 25th January 1848. On the trial, the defendants, after... |
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Norris v. Newton |
5 McLean 92, Circuit Court, D Indiana (May 01, 1850) |
1850 |
This was an action by John Norris against Leander Newton and others to recover damages for harboring fugitive slaves. |
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Oliver v. Kauffman |
1 Am. Law Reg. 142, Circuit Court, ED Pennsylvania (October 01, 1850) |
1850 |
This was an action on the case by Cecilia Oliver and others, by their next friend, Eli Stake, against Daniel Kauffman, Stephen Weakley, and Philip Breckbill, for damages caused by their illegal harboring and secreting of plaintiffs' fugitive slaves. |
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O'Neal v. Beall |
10 B.Mon. 272, Court of Appeals of Kentucky (June 15, 1850) |
1850 |
The case stated. UNDER the will of Lanham, the slave, King, devised to his wife during life or widowhood, was, even in the event of her marriage, to be retained by her until the youngest child of the testator may get its education, provided she should choose to keep the children and give them a common English education, and when the youngest... |
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Osborne v. Horner |
11 Ired. 359, Supreme Court of North Carolina (December 01, 1850) |
1850 |
An agent, having a verbal authority to sell a slave, does sell and deliver the slave and receive the purchase money, and at the same time, executes a bill of sale, under seal with warranty, in his own name, without any reference to the principal; does the title of the slave pass to the purchaser? The Judge in the Court below held, that it did not.... |
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Otey v. Moore |
17 Ala. 280, Supreme Court of Alabama (January 01, 1850) |
1850 |
Error to the Circuit Court of Tuscaloosa. Tried before the Hon. John D. Phelan. TRIAL of the right of property in a slave, levied on under an execution in favor of the plaintiff against James G. Carroll, and claimed by the defendant in error. |
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Pendergrast v. Foley |
8 Ga. 1, Supreme Court of Georgia (January 01, 1850) |
1850 |
[1.] The main question involved in this case is, whether Francis Foley, the original defendant in the action of trover, was protected by the Statute of Limitations from a recovery of the two slaves, Sam and George, in a suit instituted by the legatees of Patrick Pendergrast, deceased. In November, 1830, the negroes were sold by D. Foley, at... |
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Peter v. King |
13 Mo. 143, Supreme Court of Missouri (January 01, 1850) |
1850 |
The plaintiff, an emancipated slave under the will of Jesse Evans, deceased, brought a suit in the Probate Court of Osage county in forma pauperis, against King, the administrator of Evans, to recover the value of certain alleged sevices performed by Peter, during the contest about Evans' will. In the Probate Court, the writ was dismissed, and an... |
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Pipkin v. Casey |
13 Mo. 347, Supreme Court of Missouri (March 01, 1850) |
1850 |
This was an action of detinue, instituted by the public administrator of Jefferson county, who was directed by the Probate Court of that county to take charge of the estate of John Keeton, unadministered. The object of the suit was to recover a slave named Calvin, formerly the property of John Keeton, deceased, but about the year 1844 or 1845 sold... |
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Poindexter v. Davis |
6 Gratt. 481, Supreme Court of Appeals of Virginia (January 01, 1850) |
1850 |
(Absent Cabell, P. and Daniel, J.) 1. T sells to P a slave in which he has but a life estate; and P, in ignorance of the fact, and believing he has the absolute interest in the slave, takes him out of the State and sells him. HELD: P is liable to the forfeitures and penalties imposed by the act, 1 Rev. Code, ch. 111, ยง 48, p. 431. Baldwin, J.... |
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Powell v. McDonald |
7 Ired.Eq. 58, Supreme Court of North Carolina (December 01, 1850) |
1850 |
The facts appeared to be these. One Green died in 1831, domiciled in the State of South Carolina, leaving a will, by which he bequeathed to his wife, Hannah, one third of the hires of his negroes during her widowhood, and to his daughter Margaret the use of all of his property, (subject to the bequest to his wife before given,) during her... |
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Prewett v. Dobbs |
13 Smedes & M. 431, High Court of Errors and Appeals of Mississippi (January 01, 1850) |
1850 |
On the 17th of February, A. D. 1845, M. executed a bill of sale of a slave to P., and received therefor from P. $ 150 in money and P.'s note for $ 200, due in two years thereafter; M. retaining possession of the slave, and agreeing verbally with P., that if M. should, by the maturity of the note made by P., pay the purchase-money, $ 350, to P., and... |
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Rail v. Dotson |
14 Smedes & M. 176, High Court of Errors and Appeals of Mississippi (November 01, 1850) |
1850 |
The testator, after devising certain real estate to H., as trustee for his daughter M. H., to her sole and separate use, to the exclusion of her husband, adds: It is my will that the said M. H. shall have the entire control for life, and at her death, the said land and negroes shall be divided among her children, but in case she should die without... |
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Reed v. Cox |
6 Ired.Eq. 511, Supreme Court of North Carolina (June 01, 1850) |
1850 |
The bill alleges that a negro boy, named Nelson, the property of the plaintiff's father, was levied on by the sheriff to satisfy an execution against him: and that, at the sale, he was purchased by Jonathan Jacocks, the defendant's intestate, for the sum of fifty dollars. The bill further alleges, that, before the sale commenced, many persons, who... |
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Reed v. Wilson |
13 Mo. 28, Supreme Court of Missouri (January 01, 1850) |
1850 |
Reed, as guardian of Tolson, a lunatic, brought an action of replevin against Wilson & Garner for the detention of slaves and other personal property. At the return term the defendants pleaded the general issue, entitling it at the suit of Tolson, by her guardian, upon which the plaintiff took issue. At the trial term, the defendants had leave to... |
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Rice v. Kennedy |
4 Rich. 42, Court of Appeals of Law of South Carolina (November 01, 1850) |
1850 |
In November, 1836, defendant's intestate sold to plaintiff two negroes, with warranty of title. In March, 1837, plaintiff sold the negroes to C., from whose possession they were, shortly afterwards, taken, by one claiming by paramount title. In September, 1837, C. brought trover for the negroes; and the defendant, being notified of the suit by the... |
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