TitleCitationYearSummaryMost RelevantTypeStatus
Mitchell v. Mims 8 Tex. 6, Supreme Court of Texas (January 01, 1852) 1852 It is unnecessary to consider the question whether the common-law doctrine, that where a felony has been committed it will merge the civil action, is applicable here to the felonious homicide of a slave. Although there are cases in other States of the Union in which the contrary appears to have been held, yet we incline to think the better opinion... Most Relevant Cases  
Moore v. Perpetual Ins. Co. 16 Mo. 98, Supreme Court of Missouri (March 01, 1852) 1852 1. The risks enumerated in the printed part of an open policy of insurance may be restricted or enlarged by the written endorsement of the particular shipment lost. 2. A memorandum, attached to the endorsement of a shipment of negroes, stated that they were only insured against the dangers incident to navigation, such as blowing up, drowning, etc.... Most Relevant Cases  
Morgan v. Winston 32 Tenn. 472, Supreme Court of Tennessee (December 01, 1852) 1852 The action is covenant on a warranty of the soundness of a slave, sold by Morgan, the defendant, to Winston, the plaintiff. There was judgment for the plaintiff, and the defendant appealed in error. 1. The plaintiff took the deposition of Harris Hill, and asked the witness to state the appearance and condition of the slave. Answer: A short... Most Relevant Cases  
Morrison v. Edgar 16 Mo. 411, Supreme Court of Missouri (July 01, 1852) 1852 1. A. sold B. certain slaves, warranting his title to be good. Held, as long as B. remains in undisturbed possession of the slaves he cannot set up, as a defense to a note given for the purchase money, that, at the time of the sale, the title was not in A. 2. In such case there is no failure of consideration, within the meaning of the 14th section,... Most Relevant Cases  
Murphy v. State 2 Cushm. 590, High Court of Errors and Appeals of Mississippi (October 01, 1852) 1852 So much of the 2d section of the act of the 6th of March, 1850, to suppress trade and barter with slaves, as declares, that the name of the slave, or of his owner, or the kind or quantity of the produce or commodity bought or sold, need not be stated in the indictment, is held to violate the provision of the 10th section of the bill... Most Relevant Cases  
Nelson v. State 32 Tenn. 237, Supreme Court of Tennessee (December 01, 1852) 1852 The defendant, a slave of H. B. Hyde, was indicted and convicted in the criminal court of Rutherford county, for the murder of Sam, a slave of Richard H. Spann. Various objections are here urged as errors in the proceedings below. 1. Pending the trial, on the adjournment of the court for dinner, before the close of the proof of the state, the court... Most Relevant Cases  
Nix v. Ray 5 Rich. 423, Court of Appeals of Law of South Carolina (May 01, 1852) 1852 A father, by deed, gave a negro woman and her issue to his three daughters and the future heirs of their body, to be equally divided between them. Now, if either of the above-mentioned girls should die without any lawful heirs of their body, her property shall go to the surviving children, and so on:Held, that each daughter took a life estate... Most Relevant Cases  
Parker v. Wasley's Ex'r 9 Gratt. 477, Supreme Court of Appeals of Virginia (November 15, 1852) 1852 In the will of Robert C. Wasley there is a clause in these words: Item. I loan to my daughter Mary A. Parker a negro girl named Celah, and 200 dollars in cash, which is her full proportion of all my estate. And to the will a codicil is annexed in these words: I loan to my daughter Mary Ann Parker 300 dollars more in lieu of a... Most Relevant Cases  
Presley v. Rodgers 2 Cushm. 520, High Court of Errors and Appeals of Mississippi (October 01, 1852) 1852 The deed of trust which conveyed the slaves levied on, having been executed in another State, and never recorded in this State; held, that the rights of any party claiming under it are not prejudiced because of a failure to record it. It has been heretofore decided that deeds of trust executed in other States are not embraced in the recording act... Most Relevant Cases  
Raines v. Woodward 4 Rich.Eq. 399, Court of Appeals of Equity of South Carolina (May 01, 1852) 1852 Feme covert purchases negroes for valuable consideration, taking conveyance to herself for her sole and separate use. The conveyance needs no registration, and creditors of husband impeaching it must show that the negroes were purchased with the funds of husband. A mother, in consideration of love and affection for her daughter C., a... Most Relevant Cases  
Respass v. Lanier 8 Ired.Eq. 281, Supreme Court of North Carolina (June 01, 1852) 1852 The law requires no particular words, whereby a slave is to be conveyed in a bill of sale. If the words clearly evidence a sale, it is sufficient. A, by deed, conveyed a slave to J. and E.; and in case the said J. and E. both die without leaving any child or children, then, and in that case to go to C. These expressions create no... Most Relevant Cases  
Richardson v. Cole 32 Tenn. 100, Supreme Court of Tennessee (September 01, 1852) 1852 We think there is no error in the decree in this cause. The material facts in the case are these: On the 25th of July, 1843, Peterson, the complainant's intestate, executed a deed of trust, conveying thereby the slave Susan, and other personal property, to Cole, as trustee. The objects of said deed were to secure the payment of a debt to Thomas... Most Relevant Cases  
Rives v. Frizzle 8 Ired.Eq. 237, Supreme Court of North Carolina (June 01, 1852) 1852 Jonathan Frizzle, by his will, dated August 18th, 1843, lent certain slaves and other specific chattles to his wife Ruth for life: and he ordered that three other slaves, and the residue of his property, not lent to his wife, nor given to Edwin Carman in trust for his daughter Ann, should be sold, and the proceeds of the sale, after paying his... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Roberts v. Stewart 32 Tenn. 162, Supreme Court of Tennessee (December 01, 1852) 1852 The plaintiff brings this bill to recover a distributive portion of the estate of his father, James Roberts, deceased. He alleges that his father died intestate; but that the defendants, pretending that he had left a will, have proceeded to administer and distribute the estate, consisting of land, slaves, and personal assets, in conformity to the... Most Relevant Cases  
Robinson v. Lewis Busb.Eq. 58, Supreme Court of North Carolina (December 01, 1852) 1852 The allegation that the deed of the plaintiff's intestate, executed 6th of March, 1847, by which the slave is conveyed to the defendant, is a mortgage, we think established. Upon its face, the deed purports to be a mortgage--a debt of $600 is set out--day of payment is given until the 15th of August, 1848, with interest from 15th of August, 1846,... Most Relevant Cases  
Rosborough v. Hemphill 5 Rich.Eq. 95, Court of Appeals of Equity of South Carolina (November 01, 1852) 1852 Testator having a wife and six children, three of whom, to wit: J. M., E. B., and J. H. were minors, and intending to so order and dispose of his estate, in such manner, as appeared to him just and equitable, devised and bequeathed, by the second clause of his will, to his wife $20,000, seven slaves by name, and other personalty,... Most Relevant Cases  
Sale v. Saunders 2 Cushm. 24, High Court of Errors and Appeals of Mississippi (January 01, 1852) 1852 In construing a will executed in a sister State, in relation to property in that State, at the testator's death, the same construction must be given which would be given by the courts of that State. In the State where the will was made, a negro was bequeathed to S. as trustee of L., the wife of F., and F. the husband, to be enjoyed and used... Most Relevant Cases  
Sanders v. Jones 8 Ired.Eq. 246, Supreme Court of North Carolina (June 01, 1852) 1852 The bill is filed for an account against the defendant, N. T. Jones, as administrator of Hardy Jones and David Jones. Hardy Jones, in his lifetime, sent a parcel of negroes to the State of Alabama, by his son, the defendant, David T Jones, to hire out. Hardy Jones died intestate, and N. T. Jones is his administrator. The plaintiffs and defendants... Most Relevant Cases  
Saunders v. Haughton 8 Ired.Eq. 217, Supreme Court of North Carolina (June 01, 1852) 1852 Job Pettijohn died in 1824, and by his will, devised as follows: I lend to my wife, Elizabeth Pettijohn, the use of all my negroes and personal estate of every kind, during her natural life. He then provides, that, if my wife remains a widow, the whole of his estate to remain in joint stock, to her use, during her natural iife, and at her death,... Most Relevant Cases  
Scott v. Haddock 11 Ga. 258, Supreme Court of Georgia (February 01, 1852) 1852 [1.] The first assignment of error which we shall notice, is the rejection by the Court below, of the bill of sale offered by the defendant, to show that the slave, Harry, never was the property of the orphans of John Prosser, but the property of Willis S. Scott, acquired by virtue of his intermarriage with the mother of Mrs. Haddock, one of the... Most Relevant Cases  
Scroggin v. Holland 16 Mo. 419, Supreme Court of Missouri (July 01, 1852) 1852 1. A widow is a competent witness for the interest of her deceased husband's estate. 2. In a suit against the securities on a note given for the price of a slave, a breach of the warranty of soundness may be set up by them in defense, though the warranty was to the principal alone, who is not joined. Error to Pettis Circuit Court. The facts are... Most Relevant Cases  
Sevier v. Brown 32 Tenn. 112, Supreme Court of Tennessee (September 01, 1852) 1852 The only question in this case is whether the complainants, children of Mary Caroline Sevier, take a remainder interest in certain negroes, which they claim under the following clause of the will of their grandfather, Thomas Brown: To my wife I give all my household furniture and farming tools of every description, and the one-half of all my stock... Most Relevant Cases  
Sharp v. Nesmith 6 Rich. 31, Court of Appeals of Law of South Carolina (December 01, 1852) 1852 Plaintiff, intending to carry off the negroes and defeat the interest of those in remainder, purchased them, colorably, from the life tenant: defendant for the purpose of defeating that intention and protecting the interest of those in remainder, seized the negroes:-Held, that such seizure was no conversion. Most Relevant Cases  
Sheckell v. Jackson 64 Mass. 25, Supreme Judicial Court of Massachusetts (September 01, 1852) 1852 This is an action on the case for a libel published of the plaintiff, an inhabitant of the District of Columbia, charging him with treachery and bad faith, in regard to money received by the plaintiff, to obtain the manumission of a fugitive slave, and then inviting the slave to go into a slave district, for the purpose of again placing him in a... Most Relevant Cases  
Shotwell v. Webb 1 Cushm. 375, High Court of Errors and Appeals of Mississippi (January 01, 1852) 1852 D. obtained a decree against Smith for the foreclosure of a mortgage upon slaves, and assigned it to W. and others, who made an agreement with Shotwell, by which it was stipulated that he should purchase certain of the slaves at the commissioner's sale for $3000, whether the slaves should cost more or less at the sale, and he was to pay for them in... Most Relevant Cases  
Simpson v. Peck's Ex'rs 32 Tenn. 54, Supreme Court of Tennessee (September 01, 1852) 1852 On the 4th of March, 1850, the complainant and Benjamin Peck, the defendant's testator, entered into a contract in writing under seal, the substance of which is that said Peck, on that day hired to the complainant a slave named Peter, for the period of twelve months, at $8 per month. Then follows this stipulation: If the said Simpson sees... Most Relevant Cases  
Simpson v. Warren 5 Harr. 371, Superior Court of Delaware (October 01, 1852) 1852 On a special count in assumpsit, on an executory contract, the plaintiff cannot recover by proof of an executed contract. This was an action on the case, for the sum of $150; a reward offered for the apprehension of a runaway negro. Special count on the contract, stating that two negroes ran away from the defendant; that he offered $300 for their... Most Relevant Cases  
Smith v. Thompson 32 Tenn. 386, Supreme Court of Tennessee (December 01, 1852) 1852 This is an action of trover for a negro slave, Jim. There was judgment in the circuit court, for defendant; and the plaintiffs appeal in error. The material facts are these: On the 22d April, 1826, Robert M. Smith conveyed to William Yancey, his heirs, executors, etc., the negro slave Jim, and other slaves, in trust, for the separate use of the... Most Relevant Cases  
Stanwood v. Clampitt 1 Cushm. 372, High Court of Errors and Appeals of Mississippi (January 01, 1852) 1852 The statute of this state gives an administrator or executor a mortgage on lands and slaves purchased at a sale of the property of decedent, and a surety upon a note given to an administrator will be subrogated to the rights of the administrator in his statutory mortgage, to satisfy the amount he has paid as surety. The mortgage executed by Mrs. D.... Most Relevant Cases  
State v. Bill 13 Ired. 373, Supreme Court of North Carolina (June 01, 1852) 1852 Under the provisions of the 41st Sec of the 111th Chap. of the Revised Statutes, the Justice of the Peace, before whom a slave is brought, charged with an offence not capital, must decide whether the offence is of such a nature as to require a greater punishment than he is authorized to inflict, and shall give judgment accordingly. In such a case,... Most Relevant Cases  
State v. Borroum 1 Cushm. 477, High Court of Errors and Appeals of Mississippi (January 01, 1852) 1852 B. stood charged, under the act of the legislature of 1850, for unlawfully trading with a slave, and the statute does not specifically, by name, prohibit the traffic in cotton; nor did the bill of indictment aver that cotton was a produce or commodity, words used in the statute, and prohibited from traffic in with a slave.... Most Relevant Cases  
State v. Gossage 32 Tenn. 263, Supreme Court of Tennessee (December 01, 1852) 1852 The defendant was indicted in the circuit court of Franklin county for selling spirits to a slave, at the March term, 1852, and at July term, 1852, the indictment was, on motion of defendant, quashed, upon the ground that there was no prosecutor marked upon it. Appeal in error to this court by the attorney-general. There must be a prosecutor marked... Most Relevant Cases  
State v. Harlan 5 Rich. 470, Court of Appeals of Law of South Carolina (May 01, 1852) 1852 In an indictment under the Act of 1843, for unlawfully whipping a slave, without sufficient provocation, the jury are the proper judges, whether the provocation was sufficient to excuse the whipping inflicted. Such an indictment alleged the slave to be the property of Mrs. S: the proof was that the slave was generally called Mrs. S.'s; that she had... Most Relevant Cases  
State v. Holland 5 Rich. 512, Court of Appeals of Law of South Carolina (May 01, 1852) 1852 Indictment, under the Act of 1821, for harbouring two slaves: both counts of the indictment alleged the slaves to be the property of J. S.the first count charging that they were runaways and fugitives from the service of J. S., and the second that J. S. had hired them out, each to a different person (named), and that they were fugitives,... Most Relevant Cases  
State v. Levi Busb. 6, Supreme Court of North Carolina (December 01, 1852) 1852 Upon the conviction of a slave, under the 48th section of 111th chapter of Rev. Statutes, the owner, and not the hirer, is liable for the costs of the prosecution. The case of the State v. Mann, 2 Dev. 263, cited and approved. THE prisoner was indicted at Caswell, at the Fall Term, 1851, for burglary, of which, upon his trial, he was acquitted; but... Most Relevant Cases  
State v. Melton Busb. 49, Supreme Court of North Carolina (December 01, 1852) 1852 The Act of 1838. ch. 24, (declaring void all marriages between white persons and free negroes and persons of color,) includes only cases where such persons of color are within the third degree. Hence, where in an indictment for fornication against A. & B. (who had been married,) it appeared that one of the defendants was of Indian blood, but of... Most Relevant Cases  
State v. Payne 31 Tenn. 383, Supreme Court of Tennessee (April 01, 1852) 1852 The indictment in this case charges that David, a negro slave, the property of Daniel McCarn, made an assault upon Elizabeth McCarn, a free white woman, with intent to kill and murder her; and that Daniel McCarn moved, incited, and commanded the said negro man David, before making the said assault, to commit the same, and that the prisoner, George... Most Relevant Cases  
State v. Swadley 15 Mo. 515, Supreme Court of Missouri (January 01, 1852) 1852 Mark Swadley was indicted by the grand jury of Greene county at the December term of the Circuit Conrt in the year 1850, for selling liquor to a slave without having the consent in writing of the owner, overseer, &c., of said slave. The defendant appeared at the April term, 1851, and moved the court to quash the indictment, which motion was... Most Relevant Cases  
State v. Weaver Busb. 9, Supreme Court of North Carolina (December 01, 1852) 1852 The 12th sec. 34th ch. Rev. Statutes, in regard to the offence of taking and conveying a free negro out of the State, with intent to sell him as a slave, includes only cases in which the taking is by violence; and does not extend to cases where the negro is induced to go by persuasion, seduction or deception. THE defendant was indicted, under the... Most Relevant Cases  
Stephen v. State 11 Ga. 225, Supreme Court of Georgia (February 01, 1852) 1852 [1.] Under the Act of February, 1850, transferring the trial of capital offences, committed by slaves and free persons of color, to the Superior Court, Jurors are to be impannelled and sworn in the same manner, as for the trial of crimes committed by free white persons. [2.] A count for rape, and an attempt to commit a rape by a slave, on a free... Most Relevant Cases  
Talbott v. Norager 1 Cushm. 572, High Court of Errors and Appeals of Mississippi (January 01, 1852) 1852 On the trial of this case, the appellant asked the court to instruct the jury that if they believed from the evidence that the plaintiff below was a negro, it was primâ facie evidence that he was a slave, and could not maintain the action. Held, that was matter which should have been pleaded in abatement. Most Relevant Cases  
Thorne v. Fordham 4 Rich.Eq. 222, Court of Appeals of Equity of South Carolina (January 01, 1852) 1852 Testator bequeathed all the rest of his estate unto R. F. in trust for John, Thomas, Philip, Rebecca, Caroline and Susan Thorne, persons of color, and their heirs, forever. Testator died in 1824; and in 1848 this bill was filed by Rebecca, the black, mother of the legatees, John, Thomas, Philip, Caroline and Susan, who were the natural children... Most Relevant Cases  
Tifft v. State 1 Cushm. 567, High Court of Errors and Appeals of Mississippi (January 01, 1852) 1852 T. was indicted under the act of the legislature of 1842, which declares it unlawful for any person, being the owner or employer, or having the care and control of any slave, or slaves, to permit or suffer them to reside or be quartered in any lot, or in any out-house, in any incorporated town or city in this state, unless such lot is... Most Relevant Cases  
Tolson's Adm'r v. Garner 15 Mo. 494, Supreme Court of Missouri (January 01, 1852) 1852 This was an action of detinue for slaves, commenced in the name of Polly Tolson, a person of unsound mind, by her guardian. The plaintiff's evidence consisted of the proceedings in the County Court of Howard county upon an inquest of lunacy, in which Polly Tolson was found to be a person of unsound mind, and a guardian was appointed; of proof that... Most Relevant Cases  
Town of New Haven v. Town of Huntington 22 Conn. 25, Supreme Court of Errors of Connecticut (June 01, 1852) 1852 The settlement of a free woman in this state, is not superseded, by her marriage with a slave owned by a master residing in another state, and the subsequent emancipation of such slave, unless it is shown, as a matter of fact, that such previous settlement is thereby changed, under the laws of the latter state. The settlement of such free woman is... Most Relevant Cases  
Trice v. Cockran 8 Gratt. 442, Supreme Court of Appeals of Virginia (February 10, 1852) 1852 (Absent Cabell, P.) 1. Case is a proper remedy for the breach of an express warranty of soundness of a slave or other personal chattel sold. 2. In case for the breach of a warranty of soundness of a personal chattel, it is not necessary to allege the defendant's knowledge of the unsoundness: And if it is alleged, it is not necessary to prove it. B.... Most Relevant Cases  
Troy v. Troy Busb.Eq. 85, Supreme Court of North Carolina (December 01, 1852) 1852 There can be no doubt that the trustee has no power to sell the lands conveyed to him by Doctor John Smith in trust for the petitioners. And from the fact that an express power is conferred upon him to sell one or more of the slaves under certain circumstances, it may fairly be inferred that the grantor did not intend that he should ever sell the... Most Relevant Cases  
U S v. Brune 2 Wall.Jr.C.C. 264, Circuit Court, ED Pennsylvania (April 01, 1852) 1852 A law of congress for the suppression of the slave trade (Act May 15, 1820, c. 113, § 5 [3 Stat. 601]) enacts that, if any person being of a ship's company of any vessel owned wholly or in part by any citizen of the United States, shall aid and abet in confining any negro, &c., with intent to make such negro a slave, he shall be adjudged a pirate.... Most Relevant Cases  
U.S. v. Reed 2 Blatchf. 435, Circuit Court, ND New York (October 01, 1852) 1852 This was a motion to quash an indictment found in the district court at Buffalo, in November, 1851, and transmitted to this court. The indictment was founded upon the 7th section of the act of congress of September 18th, 1850 (9 Stat. 464), commonly called the Fugitive Slave Act, and the alleged offence consisted in rescuing from the... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
U.S. v. Rycraft 27 F.Cas. 918, District Court, D Wisconsin (January 01, 1852) 1852 This was an indictment against John Rycraft for aiding, assisting, and abetting in the escape of Joshua Glover, a fugitive slave. Most Relevant Cases  
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