Title | Citation | Year | Summary | Most Relevant | Type | Status |
State v. Cherry |
31 Tenn. 160, Supreme Court of Tennessee (December 01, 1851) |
1851 |
The prisoner was indicted in the criminal court of Davidson county. The first count of the indictment charges that the said Dan. a negro, made an assault upon Adelia J. Hughlett, a white female, with an intent to have carnal knowledge of her, against her will and consent. The second count charges that the said Dan, being a negro, made an assault... |
Most Relevant |
Cases |
|
State v. Friday |
4 Rich. 291, Court of Appeals of Law of South Carolina (January 01, 1851) |
1851 |
No appeal lies to the Court of Appeals from the decision of a Judge refusing to grant a new trial in the case of a slave convicted of a capital offence. |
Most Relevant |
Cases |
|
State v. Martin |
12 Ired. 157, Supreme Court of North Carolina (June 01, 1851) |
1851 |
To constitute a capital felony in the case of stealing &c. slaves, the taking and conveying away of the slave must be from the possession of the owner. The felony is not created by our Statutes, when, before the taking or carrying away, the owner has lost the possession of the slave by the act of another, even though such act was procured to be... |
Most Relevant |
Cases |
|
State v. McCarn |
30 Tenn. 494, Supreme Court of Tennessee (April 01, 1851) |
1851 |
The prisoner, Daniel McCarn, was indicted in the circuit court of Hardin, as accessory before the fact, to a fellony committed by David, a negro slave, the property of the prisoner. The felony, committed by David, the slave, is alleged to consist, in a felonious and malicious assault upon the person of Elizabeth McCarn, a free white woman, by... |
Most Relevant |
Cases |
|
State v. Nat |
13 Ired. 154, Supreme Court of North Carolina (December 01, 1851) |
1851 |
Under the Revised Statutes, ch. 111, sec. 31, a master is not indictable for permitting his slave to go at large, hiring his own time; he is only subject to the penalty of forty dollars, imposed by that section of the Act. Nor is the slave indictable. But the owner is indictable, under the 32d section of the same Act, for permitting a slave to go... |
Most Relevant |
Cases |
|
State v. Nathan |
5 Rich. 219, Court of Appeals of Law of South Carolina (November 01, 1851) |
1851 |
The prisoner, a slave, was tried for robbery: the proof was, that he violently assaulted and threw down E. M. a white woman, the prosecutrix, with the intent, as it is supposed, to ravish her: that, to induce him to release her, she promised to give him money: he consented,followed her close behind to her house near byno one being at... |
Most Relevant |
Cases |
|
State v. Nathan |
4 Rich. 513, Court of Appeals of Law of South Carolina (May 01, 1851) |
1851 |
To restrain the execution of the sentence of a slave convicted of robbery, a Judge at Chambers granted a writ of prohibition, on the grounds1st, that the offence proved was not robbery; 2d, that a former conviction, for an assault and battery, upon the same facts, was a bar to the prosecution for robbery: on appeal, held that prohibition... |
Most Relevant |
Cases |
|
State v. Presnell |
12 Ired. 103, Supreme Court of North Carolina (June 01, 1851) |
1851 |
There was no error in holding, that there was no evidence of an authority to the slave to act as the master's agent in buying the spirits. To prevent imposition on trades-people, it is a rule that one, who habitually sends his servant to shops and pays for the articles taken up by the servant, is bound to pay for all thus taken up, though some of... |
Most Relevant |
Cases |
|
State v. Weaver |
13 Ired. 203, Supreme Court of North Carolina (December 01, 1851) |
1851 |
The prisoner is indicted for receiving from one Dean, a negro man slave, named Lewis, the property of one Smith, knowing that Dean had stolen him. Upon the trial of the case, the prosecuting officer introduced evdence to prove the defendant's guilt and closed his case. Whereupon it was stated by the Court, that under the evidence in the case, the... |
Most Relevant |
Cases |
|
Stringer v. Burcham |
12 Ired. 41, Supreme Court of North Carolina (June 01, 1851) |
1851 |
The plaintiff, a colored person, claimed to be free, and for the purpose of proving it, introduced a record of Craven County Court in 1807, setting forth a petition in the name of William Jessup, praying for liberty to emancipate certain slaves, owned by him, for meritorious services--the order of the Court that William Jessup have leave to... |
Most Relevant |
Cases |
|
Swinton v. Egleston |
3 Rich.Eq. 201, Court of Appeals of Equity of South Carolina (January 01, 1851) |
1851 |
Testatrix, who died in 1843, bequeathed twelve shares of the dividends of certain stock to her executors in trust to pay over the interest on said stock to my slave named Minda, for and during her natural life, with remainder over; by another clause of the will, she bequeathed as follows: I desire that all the... |
Most Relevant |
Cases |
|
Tabb's Adm'r v. Archer's Adm'r |
7 Gratt. 408, Supreme Court of Appeals of Virginia (May 11, 1851) |
1851 |
The Court is of opinion, that although the appellant when he filed his answer in this cause, was ignorant of all the facts in regard to the title of his intestate to the slaves sold to her by John R. Archer, and described in his bill of sale of the 25th of December 1818, he nevertheless relied on the bill of sale as shewing an absolute title in his... |
Most Relevant |
Cases |
|
Taylor v. Stedman |
13 Ired. 97, Supreme Court of North Carolina (December 01, 1851) |
1851 |
This is Assumpsit, for the sum agreed to be paid as the hire of a slave, in 1842. The writ was issued in 1848. The defendant relied on the Statute of Limitations. There was a special replication of a promise to pay within three years, upon which issue was joined. To prove the new promise, the plaintiff gave evidence of a conversation between... |
Most Relevant |
Cases |
|
Thomas v. Greer |
6 Tex. 372, Supreme Court of Texas (January 01, 1851) |
1851 |
The counsel for the appellant concede that if the statute of limitations of the 5th February, A. D. 1841, embraces a case like this, it had interposed a bar to the action. They contend, however, that it does not apply, because that the decree and the execution under which the slave was sold was a nullity; that at the time of the suit and the... |
Most Relevant |
Cases |
|
Thompson v. Newlin |
8 Ired.Eq. 32, Supreme Court of North Carolina (December 01, 1851) |
1851 |
The principles formerly laid down in this case, 6 Ire. Eq. 380, affirmed on a rehearing of the decretal order then made. Even where a will expresses a trust, that slaves shall be sent to a foreign country, there would be nothing legal in that, even if it were illegal to direct their emancipation abroad without complying with our act on the subject... |
Most Relevant |
Cases |
|
Tilghman v. West |
8 Ired.Eq. 183, Supreme Court of North Carolina (December 01, 1851) |
1851 |
At the December Term, 1848, the case of West v Tilghman was decided, 9 Ire. Rep. 163. That was an action at law, brought to recover the boy Reuben, and under the same state of facts as exist here. The Court then decided, that the legal title to the negro was not lost by the plaintiff's being present at the sale, and not forbidding it. Upon the... |
Most Relevant |
Cases |
|
Tuck v. Bowie |
1 Md. 87, Court of Appeals of Maryland (December 01, 1851) |
1851 |
The negroes included in this replevin, were originally the property of the appellant's testator, but at the time of his decease, they were in the possession of his son, the appellee. It is alleged on the part of the defence, that in contemplation of a marriage between the appellee and the daughter of John T. Stoddart, an agreement was entered into... |
Most Relevant |
Cases |
|
U.S. v. Scott |
27 F.Cas. 990, District Court, D Massachusetts (June 01, 1851) |
1851 |
This was an indictment against James Scott for the rescue of one Shadrach, a fugitive slave. |
Most Relevant |
Cases |
|
Washburn v. Humphreys |
13 Ired. 88, Supreme Court of North Carolina (December 01, 1851) |
1851 |
The defendant had a negro stolen from him, and offered a reward in these words, for the apprehension of the felon, one Moore, and the negro: A reward of $100 for the apprehension of both, or $50 for the negro out of the State, $25 for the apprehension of the negro within the State, and his delivery to the subscriber, or for keeping him so that his... |
Most Relevant |
Cases |
|
Waters v. Dashiell |
1 Md. 455, Court of Appeals of Maryland (December 01, 1851) |
1851 |
The appellee, claiming under a bill of sale from Henry Kennerly, instituted an action of trover, to recover the value of a negro woman from the appellant, who was in possession, and claiming title, as the trustee of Kennerly, under the insolvent laws. The defendant offered evidence to show, that the bill of sale was void as against the creditors of... |
Most Relevant |
Cases |
|
Weathers v. Mudd |
12 B.Mon. 112, Court of Appeals of Kentucky (July 01, 1851) |
1851 |
Attachments. Damages. APPEAL TO THE WASHINGTON CIRCUIT. The case stated. THESE two cases depend essentially upon the same principles. In October, 1850, the appellees sued out attachments at law against the appellant, in the county of Washington, which were levied upon several slaves. The appellant gave bond, and replevied the slaves. The... |
Most Relevant |
Cases |
|
Western v. Short |
12 B.Mon. 153, Court of Appeals of Kentucky (July 10, 1851) |
1851 |
Mortgages. Warranty of title to Personalty. APPEAL FROM THE CHRISTIAN CIRCUIT. Case stated and decree of the Circuit Court. WESTERN sold to Short a female slave and her child, at the price of five hundred dollars, which was paid. The former had purchased her from Imbler, who had, previous to the sale, mortgaged the slave to Green. A suit in... |
Most Relevant |
Cases |
|
Wiley v. State |
31 Tenn. 256, Supreme Court of Tennessee (December 01, 1851) |
1851 |
The prisoner, Wiley, a free person of color, was convicted in the circuit court of Maury, at September term, 1851, upon a charge that he had feloniously tempted and persuaded a negro slave, Jesse, to leave his owner, with the intent to deprive the owner of him. This offence is defined and made a felony by the act of 1835, ch. 58. Pending the trial... |
Most Relevant |
Cases |
|
Williams v. Harrell |
8 Ired.Eq. 123, Supreme Court of North Carolina (December 01, 1851) |
1851 |
John Arn died in 1814, leaving a will, in which is this clause: I lend unto my daughter, Patience Harrell, a negro girl, Lucy, during her natural life. Then, I give said negro girl to the heirs lawfully begotten of her body. Patience was the wife of Hodges Harrell, who, soon after the death of the testator, took the negro girl into his... |
Most Relevant |
Cases |
|
Wilson v. Commonwealth |
12 B.Mon. 2, Court of Appeals of Kentucky (June 07, 1851) |
1851 |
Indictment. Nuisances. Slaves. ERROR TO THE LEXINGTON CITY COURT. THIS is an indictment in the City Court of Lexington, for keeping a disorderly house in that city, to the great damage and common nuisance of the citizens of this Commonwealth, etc. The gravamen and substance of the charge, is that the defendant, for his own lucre and... |
Most Relevant |
Cases |
|
Wooten v. Becton |
8 Ired. 66, Supreme Court of North Carolina (December 01, 1851) |
1851 |
Where a testator directs, by his will, that a negro woman and her future increase and issue be sent out of this State to some free State, for the purpose of emancipation; Held, that the words future mcrease and issue should here include children, born between the making of the will and the death of the testator. A trust... |
Most Relevant |
Cases |
|
Yarborough v. West |
10 Ga. 471, Supreme Court of Georgia (August 01, 1851) |
1851 |
This is a general demurrer to the complainant's bill for want of equity, and we shall consider the question as if the bill had been amended, as proposed by the complainants, at the hearing of the demurrer in the Court below. [1.] The bill alleges, that John Wingo made a parol gift of a negro boy named Peter, to his daughter, Jincy West, during her... |
Most Relevant |
Cases |
|
Young v. Wood |
11 B.Mon. 123, Court of Appeals of Kentucky (January 06, 1851) |
1851 |
Vender's lien. Mortgages. ERROR TO THE NELSON CIRCUIT. The case stated. SOMETIME previous to the year 1844, Milton Young sold to L. W. Kincheloe a tract of land in Nelson county for the sum of $16,000. On the 24th of August 1844, about eight thousand dollars of the purchase money having been paid, Young then residing in Union county, made a deed... |
Most Relevant |
Cases |
|
Zeigler v. Scott |
10 Ga. 389, Supreme Court of Georgia (August 01, 1851) |
1851 |
[1.] The defendant is not bound to pay up the money lent, with lawful interest thereon, in order to entitle him to read the answers of the plaintiff to interrogatories taken under the Act of 1847, in support of his plea of usury. [2.] In Equity, the rule requiring the payment of the principal and lawful interest is a condition to the relief sought,... |
Most Relevant |
Cases |
|
Zimmerman v. Harmon |
4 Rich.Eq. 165, Court of Appeals of Equity of South Carolina (November 01, 1851) |
1851 |
If a trustee purchase the trust property in good faith, and pay for it a full price, it is nevertheless optional with the cestui que trust whether the sale shall stand. A trustee so purchasing a slave, and afterwards selling him at an advanced price, ordered to account for the hire of the slave, and for the advanced price. |
Most Relevant |
Cases |
|
Adams v. Gardiner |
13 B.Mon. 197, Court of Appeals of Kentucky (June 28, 1852) |
1852 |
Gardiner, the owner of a female slave, Kitty, hired her for the year 1848 to one Lemmons, who in March of that year hired her to H. C. and J. Q. Adams for the residue of the term. While in their possession she was taken sick, and after an illness of some weeks, died on the 7th of August. In August, 1849, Gardiner brought this action on the case... |
Most Relevant |
Cases |
|
Adams v. Mizell |
11 Ga. 106, Supreme Court of Georgia (January 01, 1852) |
1852 |
[1.] A defendant, coming into possession of slaves as a loan, after the death of the lender, and with knowledge of the title to the plaintiff, derived by will from the lender, asserts title to the slaves and declares that he will hold them in spite of them: Held, that this, coupled with user and acts of control, is a conversion Trover, in Talbot... |
Most Relevant |
Cases |
|
Adams v. State |
31 Tenn. 466, Supreme Court of Tennessee (April 02, 1852) |
1852 |
The prisoner, Martin Adams, was convicted in the circuit court of Hardin, under the act of 1835, ch. 65, of the offence of harboring a runaway slave. He appealed to this court, and at the last term the judgment of the circuit court was reversed, and the prisoner remanded to Hardin for a new trial. At the July term, 1851, of the circuit court of... |
Most Relevant |
Cases |
|
Allen v. Allen |
Busb. 60, Supreme Court of North Carolina (December 01, 1852) |
1852 |
An order of Court, obtained on the motion of an Attorney on behalf of a person, is presumed to be done at that person's instance, until he takes steps to vacate the proceeding. Hence, an order of the County Court for the emancipation of a slave, procured on motion of an attorney, in the name of the owner, was a valid act of emancipation before the... |
Most Relevant |
Cases |
|
Alston v. Balls |
12 Ark. 664, Supreme Court of Arkansas (January 01, 1852) |
1852 |
On a special contract to pay hire for a slave and return him at the end of the term, the party hiring is liable for the hire and value of the slave if he runs away and escapes, though without cause or fault on the part of the hirer: otherwise, perhaps, as to his liability for the value of the slave, if there is no special contract to return him.... |
Most Relevant |
Cases |
|
Anderson v. Duffield |
8 Tex. 237, Supreme Court of Texas (January 01, 1852) |
1852 |
Where the defendant was sued on his warranty of the soundness of a slave and the plaintiffs had judgment, it was held that the defendant was not entitled to a new trial on the ground that he had been surprised by the testimony introduced by the plaintiffs as to the unsoundness of the slave. On a breach of warranty of a slave, the purchase-money,... |
Most Relevant |
Cases |
|
Aven v. Beckom |
11 Ga. 1, Supreme Court of Georgia (January 01, 1852) |
1852 |
1. An administrator having sold a slave as the property of the estate which he represented, under an order of the Court of Ordinary, warranted the property to be sound, so far as the office of administrator authorized him: Held, that he is personally liable upon this warranty. 2. To an action on this warranty, the administrator pleaded a release,... |
Most Relevant |
Cases |
|
Bailey v. Fiske |
34 Me. 77, Supreme Judicial Court of Maine (January 01, 1852) |
1852 |
Within the import of the Massachusetts Act of 1786, prohibiting the marriage of a white person with any negro, Indian or mulatto, a person having but one-sixteenth, (or perhaps one-eighth,) of the colored blood is to be considered a white person. The marriage of such person with a mulatto was null, and the children of such marriage, being... |
Most Relevant |
Cases |
|
Ballard v. Ballard |
5 Rich. 495, Court of Appeals of Law of South Carolina (April 30, 1852) |
1852 |
Trover for negroes: the witness who demanded the negroes of defendant for plaintiff was unable to say what defendant's reply to the demand was: he had made a memorandum in writing of the reply, which bore date the day of the demand: he believed the memorandum stated the truth: he did not think it was made on the day of the demand, but on the next... |
Most Relevant |
Cases |
|
Barham v. Turbeville |
31 Tenn. 437, Supreme Court of Tennessee (April 01, 1852) |
1852 |
The action is trover, in the circuit court of Carroll, by Samuel F. Turbeville and others against Timothy Barham, for the conversion of a negro slave, to which the plaintiffs claim title. At September term, 1851, of said court there was judgment for the plaintiffs for $693. and the defendant appealed in error to this court. It appears that in 1849... |
Most Relevant |
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Baxter v. Henson |
13 Ired. 459, Supreme Court of North Carolina (August 01, 1852) |
1852 |
Charles Simmons, the plaintiff's intestate, acquired by his marriage a female slave, named Melinda, and sometime after the marriage he and his wife agreed verbally, that each of them should have and control the property they respectively had before the marriage, as their separate property. In 1837 Mrs. Simmons gave, by parol, the said slave to the... |
Most Relevant |
Cases |
|
Bayse v. Briscoe |
13 B.Mon. 474, Court of Appeals of Kentucky (January 01, 1852) |
1852 |
Briscoe brought an action of covenant against Bayse on the following writing: (1.) I have this day sold to E. C. Briscoe one boy named William, about twenty-two years of age, for and in consideration of $550, the receipt whereof I hereby acknowledge. I warrant said negro sound in body and mind, and a slave for life. In witness whereof, I... |
Most Relevant |
Cases |
|
Bedford v. State |
32 Tenn. 72, Supreme Court of Tennessee (September 01, 1852) |
1852 |
The plaintiff in error was convicted in the circuit court of McMinn county of the offence of selling spirituous liquors to a slave, under the act of 1843, ch. 141. Reasons in arrest of judgment were filed, and being overruled, an appeal in error has been prosecuted to this court. The principal reason relied upon is that there is no prosecutor... |
Most Relevant |
Cases |
|
Bell v. Jeffreys |
13 Ired. 356, Supreme Court of North Carolina (June 01, 1852) |
1852 |
A warranty of the soundness of a slave includes in it a stipulation, that there is no defect in an eye, so as to make it unfit for ordinary purposes, and, therefore, if the slave is near sighted, there is a breach of the warranty. The case of Simpson v. McKay, 12 Ire. 142, cited and approved. Appeal from the Superior Court of Law of Wake county, at... |
Most Relevant |
Cases |
|
Bell v. Kellar |
13 B.Mon. 381, Court of Appeals of Kentucky (December 23, 1852) |
1852 |
In July, 1848, Mrs. Catherine Kellar, then the wife of Samuel D. Kellar, and having a separate estate in lands, slaves, etc., held in trust for her during life, and for her children after her death, executed, together with one of her sons, Henry S. Kellar, the following written guaranty: MERCER COUNTY, KY., July 21, 1848. Messrs. BELL &... |
Most Relevant |
Cases |
|
Bennett v. State |
31 Tenn. 411, Supreme Court of Tennessee (April 01, 1852) |
1852 |
The plaintiff in error was convicted, in the common-law court of the city of Memphis, of petit larceny, and sentenced to one year's imprisonment in the penitentiary. It was proved on the trial that he is a negro of black complexion; but the indictment is wholly silent as to his color or condition, and there is nothing in the record to... |
Most Relevant |
Cases |
|
Boulware v. Harrison |
4 Rich.Eq. 317, Court of Appeals of Equity of South Carolina (May 01, 1852) |
1852 |
Plaintiff having a money decree against husband and wife, to satisfy which the decree gave him the right to sell certain slaves settled to the sole and separate use of wife, took husband's sealed note, payable at a future day, for the amount of the decree, and to secure the note took from husband a mortgage of the same slaves, and gave husband and... |
Most Relevant |
Cases |
|
Boyd v. Lambeth |
2 Cushm. 433, High Court of Errors and Appeals of Mississippi (October 01, 1852) |
1852 |
Where the agent or manager of a plantation and slaves, which have been conveyed in trust to pay debts, purchases property necessary to carry on such plantation, the equity, if any, thus created in favor of the vendor of such property, does not attach to the equity of redemption alone, but also to the trust property itself. An administrator,... |
Most Relevant |
Cases |
|
Bradley v. Flewitt |
6 Rich. 69, Court of Appeals of Law of South Carolina (November 01, 1852) |
1852 |
Trespass for killing a slave: pleanot guilty: proofthat the slave was shot and killed by defendant while he was in pursuit of him as a runaway at the request of plaintiff: verdict for defendant, and new trial ordered, (with leave to defendant to plead specially,) unless defendant enter satisfaction for the costs. Where, in trespass... |
Most Relevant |
Cases |
|
Branch v. Houston |
Busb. 85, Supreme Court of North Carolina (December 01, 1852) |
1852 |
The penalty of one hundred dollars, imposed by the Statute, (Rev. Stat. ch. 34, sec. 73,) to be paid to the owner, for harboring a runaway slave, is not within the jurisdiction of a single magistrate. Where jurisdiction is withheld by law a plea in abatement therefor need not be put in--as a Court will, of its own motion, stay its action in such... |
Most Relevant |
Cases |
|