TitleCitationYearSummaryMost RelevantTypeStatus
Hanson v. Brawner 2 Md. 90, Court of Appeals of Maryland (June 01, 1852) 1852 The appellant filed a petition in the orphans court of Charles county, claiming the right to have certain negroes delivered to him by the appellee. The negroes in controversy, are those named in the will of Mary Ann McConchie, as given to Mary E. C. Brawner, who is a minor under eighteen years of age. The question for our consideration is, whether... Most Relevant Cases  
Harmon v. Fleming 3 Cushm. 135, High Court of Errors and Appeals of Mississippi (October 01, 1852) 1852 The title which a hirer and a purchaser of a slave acquires, is a legal title differing in the duration of the estate, but the rights and obligations acquired and assumed must be regulated by the same rules in each instance. The common law rule is, that where a duty is imposed on a party, the performance shall be excused, if it be rendered... Most Relevant Cases  
Harvey v. Edington 3 Cushm. 22, High Court of Errors and Appeals of Mississippi (October 01, 1852) 1852 The levy on the property as to the wife, is void, and therefore the statute of limitations is no bar to divest the wife of her cause of action. The act of the legislature of 1839 vests the legal title of the slave in the wife, but the use in the husband. Held, that distinct and separate causes of action cannot be recovered in the same action. This... Most Relevant Cases  
Hawkins v. Hawkins 13 B.Mon. 245, Court of Appeals of Kentucky (September 23, 1852) 1852 This record presents six separate bills, filed by Pauline F., Jackson, James F., Harriet C., George W., and Eada Hawkins, persons of color, held in slavery, but claiming their freedom under the will of James Hawkins, which was admitted to record in 1803. The six cases were heard together in the circuit court, where the bill of Eada was dismissed,... Most Relevant Cases  
Haywood v. Rogers 8 Ired.Eq. 278, Supreme Court of North Carolina (June 01, 1852) 1852 Dennis Grady died in Wake county, in 1833. By his will, he gave to his wife, for her life, a tract of land called the Red House, and three slaves; and, after her death, the land to be sold by my executor, and the negroes to be hired out until my youngest grandchild arrives at lawful age, and then sold and divided equally between my... Most Relevant Cases  
Head v. Halford 5 Rich.Eq. 128, Court of Appeals of Equity of South Carolina (November 01, 1852) 1852 Where a plaintiff in a judgment, confessed without consideration, takes a colorable bill of sale of the defendant's property, on a secret trust to hold it for the benefit of defendant's wife and children, and afterwards carries the trust into effect by making a deed of the property to trustees for the use of the wife and childrensuch deed is... Most Relevant Cases  
Hill v. Squire 12 B.Mon. 557, Court of Appeals of Kentucky (January 26, 1852) 1852 Emancipation. Wills. Executors. ERROR TO THE MADISON CIRCUIT. The case stated. THE will of Humphrey Tunstall, admitted to probate in February, 1850, contains among others, the following clause: I emancipate and set free my several negroes here mentioned, say, Squire, Jack, etc. (naming seven), provided they give the Madison County Court good... Most Relevant Cases  
Hone v. Ammons 14 Ill. 29, Supreme Court of Illinois (November 01, 1852) 1852 The evidence shows that a negro was seen in Clinton county the day on which the note was given; that Hone claimed that he was his runaway slave. For this negro the note was given. The defence set up by the second plea was, that the negro was a free man. I think, beyond all question, the evidence sustained this plea. The negro being in this State,... Most Relevant Cases  
Hook v. Hook 13 B.Mon. 526, Court of Appeals of Kentucky (January 01, 1852) 1852 John Hook had seven living children, and also some grandchildren, the children of his deceased son, James Hook. In 1839 he executed a deed of gift to his seven living children, and therein conveyed to them all his land and slaves, reserving to himself a life estate in the property. He stated at the time he executed the deed of gift that he did not... Most Relevant Cases  
Hord v. Grimes 13 B.Mon. 188, Court of Appeals of Kentucky (June 16, 1852) 1852 The plaintiff Hord sued the defendant Grimes for having caused his negro man Bill to take and swallow poisonous drugs, by reason whereof the slave became sick and died. The defendant denied the charge, the issue was presented to the jury, a verdict returned by them for the defendant. The plaintiff's motion for a new trial was overruled, and he has... Most Relevant Cases  
Horton v. Reynold's Adm'rs 8 Tex. 284, Supreme Court of Texas (January 01, 1852) 1852 The admission of the evidence of facts which happened before and after the principal transaction, yet which have a direct relation to the main subject in controversy, is not a violation of the rule which requires the evidence to be strictly confined to the point at issue. In an action for the recovery of slaves taken and carried away by the... Most Relevant Cases  
Huger v. Barnwell 5 Rich. 273, Court of Appeals of Law of South Carolina (January 01, 1852) 1852 An indian, negro, mulatto, or mustizo, held as a slave and claiming to be free, cannot resort to the writ de homine replegiando to try the question of freedom: the remedy is by action of trespass in the nature of ravishment of ward as prescribed by Act of 1740. Most Relevant Cases  
Hunter v. Stembridge 12 Ga. 192, Supreme Court of Georgia (August 01, 1852) 1852 [1.] The main question invoked in this case is, whether by the will of Thomas Stembridge, a trust was created for the support of the testator's wife on the plantation devised to his son Henry R. M. Stembridge? By the 1st clause of his will, the testator bequeathed to his wife, Sarah Stembridge, a negro woman named Mary, during her life, and then... Most Relevant Cases  
Huntley v. Huntley 8 Ired.Eq. 250, Supreme Court of North Carolina (June 01, 1852) 1852 Although a deed from a husband to his wife, for slaves, cannot have the effect of vesting a title in her, yet it amounts to a declaration of trust in her favor. Where, by agreement, property is to be held in trust, the trustee is not at liberty to assume the position of an adversary, and cannot make a title to himself by the length of his... Most Relevant Cases  
Hunt's Adm'r v. Martin's Adm'r 8 Gratt. 578, Supreme Court of Appeals of Virginia (May 13, 1852) (1852) 1852 The third special plea tendered by the plaintiff in error, whilst it professes in its commencement to be a plea to the whole action, answers only as to the slaves in the declaration mentioned, and is wholly silent as to the damages for detention, and as to the costs of the action against Hunt. On the death of Hunt the defendant in error had a right... Most Relevant Cases  
Huston v. Curl 8 Tex. 239, Supreme Court of Texas (January 01, 1852) 1852 Where an execution against the husband was levied upon a slave in the joint possession of the husband and wife, and the wife claimed the slave as her separate property, it was held that under the issue as made up no question could be raised as to the property being exempt from the execution on other grounds than that stated in the issue, and... Most Relevant Cases  
In re Perkins 2 Cal. 424, Supreme Court of California (October 01, 1852) 1852 The petitioners were arrested under the provisions of an Act concerning fugitives from labor, passed April 15, 1852, upon satisfactory evidence that they were slaves by the laws of Mississippi; were brought to California before her admission, and had, upon demand, refused to return to said State. The magistrate before whom this examination was had,... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Inhabitants of Edgartown v. Inhabitants of Tisbury 64 Mass. 408, Supreme Judicial Court of Massachusetts (January 01, 1852) 1852 Although the mother of a child born in Massachusetts in 1772 was then a slave, and her settlement followed that of her master, yet the child was born free, and derived no settlement from her mother. A voluntary payment by a town of a demand for the support of a pauper, after suit brought, does not estop the town to contest the settlement of such... Most Relevant Cases  
John v. State 2 Cushm. 569, High Court of Errors and Appeals of Mississippi (October 01, 1852) 1852 The statute of 9th of March, 1850, which was passed prior to the commission of the offence charged in the indictment, declares that it shall not hereafter be necessary to allege in the indictment the name of the owner of any slave guilty of any crime punishable by the laws of this State with death. It was not designed by the... Most Relevant Cases  
Johnson v. Huston 17 Mo. 58, Supreme Court of Missouri (October 01, 1852) 1852 1. Parol evidence is admissible to show that a bill of sale, absolute on it face, was intended as a mortgage. Appeal from Ralls Circuit Court. Johnson filed his petition, alleging that, being indebted to Huston, he executed a bill of sale of three slaves to secure the payment of the debt, and that for some time afterwards, he continued in... Most Relevant Cases  
Jones v. Fulwood 12 Ga. 121, Supreme Court of Georgia (August 01, 1852) 1852 [1.] Where L, as the guardian of F, on a settlement with J, for certain negroes named in a trust deed, and one of the negroes named therein was missing, about which there was, however, some controversy, and to settle the matter, another negro was given up in the place of the one alleged by the guardian to be missing: Held, that the party giving up... Most Relevant Cases  
Jones v. Glass 13 Ired. 305, Supreme Court of North Carolina (June 01, 1852) 1852 The master is answerable for any carelessness, ignorance or want of skill in his overseer, while engaged in the course of the master's employment whereby a permanent injury is done to a slave, hired from another person. PER RUFFIN, C. J. This was simply a case of bailor and bailee, and on the principles applicable in that relation, the plaintiff... Most Relevant Cases  
Jones v. Mason 12 Ark. 687, Supreme Court of Arkansas (January 01, 1852) 1852 Before judgment of forfeiture of a gun found in the hands of a slave, under chapter 153, section 52, Digest, the owner of the property should have actual or constructive notice of the proceedings. But in trover for a gun, where the defendant claims title under such judgment of forfeiture, the question of want of notice to the owner could not... Most Relevant Cases  
Jones v. State 32 Tenn. 399, Supreme Court of Tennessee (December 01, 1852) 1852 The plaintiff in error was indicated in the circuit court of Maury, under the act of 1835, ch. 58, sec. 1. That section provides that, if any person or persons whatsoever shall directly or indirectly tempt or persuade any slave or slaves to leave his, her, or their master or mistress' service, with an intent or design to convey him, her, or... Most Relevant Cases  
Jordan v. Cameron 12 Ga. 267, Supreme Court of Georgia (August 01, 1852) 1852 Sion Smith died at the end of the last century, leaving a will, which was proven and admitted to record, on the 26th of March, 1799, in Washington County, in this State. By his will he bequeathed a negro woman, Jane, and her increase, to his wife, Elizabeth Smith, for and during her life, and at her death, to be divided equally between her... Most Relevant Cases  
Kent v. Lyon 4 Fla. 474, Supreme Court of Florida (January 01, 1852) 1852 This was a case of a claim interposed under the statute, by the defendant in error, to a negro slave called Jenny, who had been levied on to satisfy an execution in favor of the plaintiff in error against George R. Williams, administrator of Jesse Lott, deceased. The cause was tried at the Fall Term, 1850, of the Circuit Court for Jackson county.... Most Relevant Cases  
Ketchin v. Beaty 5 Rich.Eq. 83, Court of Appeals of Equity of South Carolina (November 01, 1852) 1852 Testator bequeathed certain slaves to his daughters M. and P: the residue of his estate he gave to his wife for life-the personalty to be divided, after her death, among his three daughters M., P., and J., and the lands among all his children (not naming them:) he then declared, should any of my daughters above mentioned, hereafter marry and die,... Most Relevant Cases  
Kimbro v. Hamilton 32 Tenn. 190, Supreme Court of Tennessee (December 01, 1852) 1852 From the proof in this case it appears that, in the year 1846, John Kimbro, the nominal plaintiff, placed a negro girl, owned by him, in the possession of his step-son, Benjamin Bugg (defendant's intestate), as a loan, to be retained by said Bugg until Christmas following. The slave continued in the possession of Benjamin Bugg until some time in... Most Relevant Cases  
Kingsbury v. Lane's Ex'r 17 Mo. 261, Supreme Court of Missouri (October 01, 1852) 1852 1. From the statement herein, it seems to this court, that the court below did err in giving the instruction mentioned above. The question was, as to the right of possession of the slaves. They had been purchased by Lane at sheriff's sale, under a judgment in favor of Lane, by attachment against CabannĂ©. The slaves had been attached in that suit.... Most Relevant Cases  
Lally v. Holland 31 Tenn. 396, Supreme Court of Tennessee (April 01, 1852) 1852 This bill was brought to recover a slave named Hampton, in the possession of, and claimed by, the defendant McKinney. The complainants found their right to said slave upon a deed of trust, alleged to have been executed on the 20th of October, 1846, by the defendant Jackson C. Holland to the complainant William Lally, for the indemnity of the... Most Relevant Cases  
Lawrence v. Lawrence 32 Tenn. 141, Supreme Court of Tennessee (December 01, 1852) 1852 This is an action of detinue for a negro slave named Jeff. Mary Lawrence was the owner of a life estate in the slave, and William Lawrence was the owner of the remainder. He was in the possession of William Lawrence at the time and before the suit was brought. A demand was made for the slave, but the plaintiff in error refused to deliver him up. On... Most Relevant Cases  
Lawton v. Hunt 4 Rich.Eq. 233, Court of Appeals of Equity of South Carolina (January 01, 1852) 1852 Devise of plantation and all the slaves usually used, attached and belonging to the said plantation: to the plantation were attached and belonged a number of slaves used in agricultural operations:-Held, that the devise did not embrace some carpenters and boat-hands, who had their cabins, families and patches on the plantation, but were generally... Most Relevant Cases  
Layne v. Pardee 32 Tenn. 232, Supreme Court of Tennessee (December 01, 1852) 1852 Thomas Layne files this bill as executor of Robert Layne, to get possession of certain negro slaves now in the possession of defendants, which he alleges belong to the estate of his testator, who bequeathed them to defendant America, his widow, during her life or widowhood, and after that to be equally divided between her and his five children. A... Most Relevant Cases  
Lennard v. Boynton 11 Ga. 109, Supreme Court of Georgia (January 01, 1852) 1852 [1.] One to whom a slave is hired for a year, is entitled to no abatement of the price because of the death of the slave after the commencement of the term. Assumpsit, &c. in Talbot Superior Court. Thomas Boynton brought suit against Frances Lennard, on a note for $100, given for the hire of a negro, for the year 1850, and payable to Rebecca... Most Relevant Cases  
Lindsey v. Platner 1 Cushm. 576, High Court of Errors and Appeals of Mississippi (January 01, 1852) 1852 L. purchased at sheriff's sale, in the year 1845, six negroes, as the property of N., deceased, and at the time he purchased, L. stated to those present that he was purchasing them for the widow of N.; and it also appears that L., in the same year, made a settlement with Mrs. N., the administratrix of her husband, by which she paid the... Most Relevant Cases  
Linstead v. Green 2 Md. 82, Court of Appeals of Maryland (June 01, 1852) 1852 There have been many questions of importance presented and discussed with ability by the respective counsel in this case, which, in the view we have, it is unnecessary for us to notice. The petitioner claims her freedom under the will of Ignatius Bright. The items under which the claim is preferred are as follows: Item.--I will and bequeath... Most Relevant Cases  
Lockwood & Co. v. Nye 32 Tenn. 515, Supreme Court of Tennessee (December 01, 1852) 1852 This is an attachment bill in chancery, at Gallatin, to subject an interest in remainder in land and slaves, to the payment of a debt. The plaintiffs reside in the state of New York, and on the 6th of May, 1842, in the circuit court of the United States, at Jackson, Mississippi, they recovered a judgment for $4,487.04, against said Nathaniel and... Most Relevant Cases  
Long's Adm'rs v. Steiger 8 Tex. 460, Supreme Court of Texas (January 01, 1852) 1852 Where the title of certain slaves was in question, the court said there is no doubt of the general principle that where the purchase-money is paid by one and title taken in the name of another, a resulting trust arises in favor of the former, or that if one buy as the agent of another, the title, though taken in the name of the agent, vests not in... Most Relevant Cases  
Lush v. McDaniel 13 Ired. 485, Supreme Court of North Carolina (August 01, 1852) 1852 This is an action on a covenant of soundness in a bill of sale of a female slave, alleging as a breach, that, at the time of the sale, she had syphilis and afterwards died of the disease. The defendant and the slave resided in Macon county and the sale was made there, on the 22d March, 1849. She was then brought by the plaintiff to his residence at... Most Relevant Cases  
Lusk v. McNamer 2 Cushm. 58, High Court of Errors and Appeals of Mississippi (January 01, 1852) 1852 The deed of gift in this case was conditional, to take effect upon the release of B. from his liabilities as administrator; and this was a condition precedent, without the performance of which a title could not vest in the grantees. Should the condition of the deed of gift be disregarded, still complainants could not take the slave, as it is not... Most Relevant Cases  
Major v. Winn's Adm'r 13 B.Mon. 250, Court of Appeals of Kentucky (September 28, 1852) 1852 (1.) The complainant in this case is not only held in slavery, but he is actually a slave. No writing has ever been executed emancipating him. The right to freedom under the law can only be conferred on a slave by a charter of manumission, and none having been made conferring this right on the complainant, he is still a slave. It was alleged in the... Most Relevant Cases  
Mangham v. Reed 11 Ga. 137, Supreme Court of Georgia (February 01, 1852) 1852 [1.] Query. Whether actions for injuries to personal property, are within the provisions of 22 and 23 Charles II. which declares, that in personal actions, when damages are below 40 shillings, the plaintiff shall recover no more costs than damages? [2.] In an action of trespass, for an injury done to the plaintiff's slave, the Jury rendered a... Most Relevant Cases  
Maria v. Kirby 12 B.Mon. 542, Court of Appeals of Kentucky (January 17, 1852) 1852 Slaves. Emancipation. Habeas Corpus. APPEAL FROM THE FAYETTE CIRCUIT. Case stated. IN 1848, Mrs. Rebecca Kirby, a resident citizen of Kentucky, and the owner of a female slave, Maria, took Maria with her on a journey, or trip of pleasure, to the eastward, and during a delay of three or four days in Washington county, in the State of Pennsylvania, a... Most Relevant Cases  
May v. Rockett 3 Cushm. 233, High Court of Errors and Appeals of Mississippi (October 01, 1852) 1852 Slaves held by a feme covert under the statute of 1839, do not, upon her death, vest in her children, but in her administrator. The right of possession, or a right of property which, when it exists in reference to a chattel, generally carries with it a right of possession, is the necessary foundation of the action of replevin. Held, that R., not... Most Relevant Cases  
McCall v. McCall 4 Rich.Eq. 447, Court of Appeals of Equity of South Carolina (May 01, 1852) 1852 Testatrix, having sixty-four negroes, made her will by which she bequeathed sixty-two by name: of the sixty-two, sixty were properly named, and two were bequeathed by the names of Little Harry and Alonzo: she had no negroes by those names, but had four not named in the will, to wit, Little Harriet, Manza, Lydia and Tom: by a codicil she bequeathed... Most Relevant Cases  
McDermott v. Barnum 16 Mo. 114, Supreme Court of Missouri (March 01, 1852) 1852 The only ground upon which we reverse the judgment in this case is the giving, by the Circuit Court, of the fourth instruction asked by the defendants. That instruction is in these words: 4. If the jury find that the plaintiff, by himself or his authorized agent, delivered the slave in the declaration mentioned, to Hugh Rogers, one of the firm of... Most Relevant Cases  
McDermott v. Doyle 17 Mo. 362, Supreme Court of Missouri (October 01, 1852) 1852 The main question in this case involves the right of the plaintiff in the original suit to prosecute the same, after the death of the original defendant, against his administrator. It will be seen that the action was detinue, brought by McDermott against Samuel A. Childs, for the recovery of a negro man, named Bob. During the pendency of this suit,... Most Relevant Cases  
McEntire v. McEntire 8 Ired.Eq. 297, Supreme Court of North Carolina (August 01, 1852) 1852 Where the vendor of a slave has been informed, that the slave has been unsound, he is not bound to disclose it to his vendee, if he believes that the unsoundness does not still exist. Moral turpitude is necessary, to constitute the fraud. The case of Hamrick v. Hogg, 1 Dev. R. 350, cited and approved. Appeal from the Superior Court of Law of... Most Relevant Cases  
McGehee v. Shafer 9 Tex. 20, Supreme Court of Texas (January 01, 1852) 1852 That the plaintiff had endeavored to entice away the slave of the defendant, promising to return to carry out his purpose in a month, is no justification of a whipping inflicted upon the plaintiff by the defendant in the meantime, and alleged to have been done for the purpose of deterring the plaintiff from carrying out his unlawful intent,... Most Relevant Cases  
Melton v. McKesson 13 Ired. 475, Supreme Court of North Carolina (August 01, 1852) 1852 A guardian, on the first day of January, hired out a negro, belonging to his ward, for the year. The ward arrived at age on the 29th of that month; and the single question is, had the ward a right, after arriving at age, to take the negro from the possession of the hirer? The question, as it seems to us, scarcely admits of debate. A guardian is... Most Relevant Cases  
71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88