| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Cobb v. Johnson |
2 Sneed (TN) 73, Supreme Court of Tennessee (December 01, 1854) |
1854 |
This action is brought to recover the value of a slave hired to the defendants by the plaintiff, on the ground of conversion. It is specified in the bond for the hire that the boy is to be kept out of all dangerous places whereby life or limb may be endangered. He was put to work at an ore bank, and while digging ore was killed by the falling-in... |
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| Cobb v. Norwood |
11 Tex. 556, Supreme Court of Texas (January 01, 1854) |
1854 |
It appears from the record, that Green and wife, administrators of William J. Norwood, by the decision and determination of a suit in the Court of Chancery of Mississippi, in certain proceedings by bill filed by them against George Norwood, obtained a decree against the said George for two negro slaves, or in default of the slaves being delivered... |
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| Cobb v. O'Neal |
2 Sneed (TN) 438, Supreme Court of Tennessee (December 01, 1854) |
1854 |
This was an action on the case, to recover damages for the unsoundness of a slave, brought by O'Neal against Cobb. The declaration contains two counts: the first, for a false and fraudulent representation of soundness; the second, for fraud and deceit in the sale of the slave, founded upon the circumstances of the case. The case was tried at the... |
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| Connell v. Chandler |
13 Tex. 5, Supreme Court of Texas (January 01, 1854) |
1854 |
The only question in this case is on the right of the administrator of Mitchison to impeach the deed procured by the intestate for the negro girl sued for, to his children, on the ground of fraud against the creditors. In the case of Dancy and others v. Smith and others, (6 Tex. R. 411,) a strong intimation, as an obiter, was thrown out, that an... |
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| Cordes v. Palmer |
6 Rich.Eq. 207, Court of Appeals of Equity of South Carolina (January 01, 1854) |
1854 |
Testatrix, by her will, bequeathed nine negroes by name, to her son T. C., with limitation over in case of his death without issue. By a codicil which she declared to be a part of her will to all intents and purposes, she revoked and declared void so much of the bequest to T. C. as related to three of the negroes, naming them, and bequeathed to him... |
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| Crow's Adm'r v. Crow |
14 B.Mon. 476, Court of Appeals of Kentucky (July 01, 1854) |
1854 |
In January, 1841, the county court of Washington county admitted to probate a paper purporting to be the will of John Crow, by which, after directing his debts to be paid, he gave to Emily Crow, wife of William M. Crow, a negro boy, Henry; also, a gold watch; and any money he might have he gave to Walter Crow, their son, for the purpose of... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Dacy v. Gay |
16 Ga. 203, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1.] It is only in cases of felony at Common Law, and of treason, that in our State, the civil remedy is suspended until after the conviction of the offender for the same. [2.] The terms of our Penal Code, relating to the offence of harboring a slave, make no change in this rule. [3.] Where D is found in possession of, harboring, controlling, and... |
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| Dance v. Seaman |
11 Gratt. 778, Supreme Court of Appeals of Virginia (November 23, 1854) |
1854 |
A deed of trust to secure bona fide creditors, conveying land, slaves, and crops cut and growing, not to be enforced for two years, reserving the profits in the mean time to the grantor, and directing the surplus proceeds of sale, after payment of the debts secured, to be paid to the grantor, is not fraudulent per se, though made without the... |
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| Davis v. Moody |
15 Ga. 175, Supreme Court of Georgia (February 01, 1854) |
1854 |
[1.] The liability, by Statute, of the putative father of a bastard child to maintain the same, is a good consideration for a settlement, made in trust, for the benefit of the mother. [2.] Where, upon trial of a bill in Equity, a bill of sale executed by F, and in terms conveying the absolute title of a negro slave to D, is offered in evidence, and... |
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| Douglass v. Harrison |
2 Sneed (TN) 382, Supreme Court of Tennessee (December 01, 1854) |
1854 |
The facts of this case, so far as they are necessary to be shown to raise the questions to be decided, are these: Matthew Douglass, of Warren county, being the owner of a tract of land of 311 acres, four negroes, stock, etc., and having five adult children, Joel, John, Matthew, and Milly married to George Harrison, and Polly married to Charles W.... |
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| Eccles v. Hill |
13 Tex. 65, Supreme Court of Texas (January 01, 1854) |
1854 |
Had the slaves about whose hire this contest arises been claimed by Martha Hill, in her lifetime, adversely to the minor, Albert G. Hill, and had this been known to Williams at the time of hiring, there would have been no error in rejecting the plea of intervention. The contract for hire would have been made by defendant, with a full knowledge of... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Elliott v. Cochran |
2 Sneed (TN) 468, Supreme Court of Tennessee (December 01, 1854) |
1854 |
This bill was filed to recover certain slaves from the defendant Cochran. The complainants are the children of James Elliott, who died in Rutherford county in 1835, and they set up title to said slaves under a bequest in the will of their deceased father. The defendant claims title to the slaves under a bill of sale executed to him by the executors... |
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| Evans v. Gregory |
15 B.Mon. 317, Court of Appeals of Kentucky (January 01, 1854) |
1854 |
The appellant being possessed, in right of his wife, of some dower slaves, took with him, some eight or nine years since, two of said slaves, as hands on a flatboat, to the city of New Orleans, and brought them both back with him, when he returned to his residence in this state. It appears that they were not taken out of the state by him, for any... |
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| Ex parte Morris |
11 Gratt. 292, Supreme Court of Appeals of Virginia (May 26, 1854) |
1854 |
1. The offence of a free negro in coming into the state and remaining therein in violation of the 28th and 29th sections of chapter 198 of the Code of Virginia, is a misdemeanor, for which he is liable to be prosecuted and punished in the manner provided in said 28th section. 2. Upon conviction of such a misdemeanor the party is entitled, as of... |
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| Ex parte Small |
25 Ala. 74, Supreme Court of Alabama (June 01, 1854) |
1854 |
Petitioner avers, that John McLane, in February, 1854, caused a suit to be instituted against him, returnable to the Spring term, 1854, of Macon Circuit Court, for a breach of warranty in the sale of a slave, and caused the petitioner, who then was, and now is, a resident citizen of the State of South Carolina, to be arrested by his body; in... |
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| Ezell v. Franklin |
2 Sneed (TN) 236, Supreme Court of Tennessee (December 01, 1854) |
1854 |
This is an action upon a breach of warranty of soundness in a slave, made in writing by the agent of defendant. The agency is created in these words: I, Benj. Franklin, of the county of Giles, Tennessee, do hereby authorize and empower Wm. H. Kirkpatrick to sell and dispose of my negro woman, Harriet. This the 21st April, 1851. Benjamin Franklin.... |
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| Ferry v. Street |
14 B.Mon. 355, Court of Appeals of Kentucky (January 21, 1854) |
1854 |
The owner of a slave residing in Kentucky permitted the slave to be taken to and remain in the State of Pennsylvania for a period of more than six months, with a knowledge of the law of that state, of 1780. Held: That the slave was entitled to freedom, and that it could be asserted after the return of the slave to Kentucky. (Stewart v. Oakes, 5... |
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| Frazer's Adm'r v. Bevill |
11 Gratt. 9, Supreme Court of Appeals of Virginia (April 24, 1854) |
1854 |
1. Executors or administrators with the will annexed, who are legatees of slaves under the will, agree to a division of the slaves, and each takes possession of those allotted to him. This is an assent to the legacies by the executors or administrators. 2. To one of these legatees the slaves are given for life, and if he should die without heirs,... |
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| Freeman v. Moses |
2 Jones Eq. 22, Supreme Court of North Carolina (December 01, 1854) |
1854 |
Where a contract in writing, made in contemplation of marriage, and signed by the intended husband and wife, does not expressly exclude the intended husband, but gives him a joint use in the property with the intended wife during her life, she is not such a free trader as to make her bond obligatory on her in Equity, although the debt... |
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| Frizell v. White |
5 Cushm. 198, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
It is indispensable both at common law and under the statute of 1842, (Hutch. Co. 817,) to maintain the action of replevin, that the plaintiff have the right of immediate possession of the property. The delivery of the slaves by W. to L. upon a demand being made, shows that the right of immediate possession of the property was not in W. when the... |
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| Gibbons v. Sloane |
6 McLean 273, Circuit Court, D Ohio (October 01, 1854) |
1854 |
This suit was brought [by Charles M. Gibbons against Rush R. Sloane] to recover the value of a slave owned by the plaintiff, who escaped and was rescued at the same time and under the same circumstances, as in the case of Weimer v. Sloane [Case No. 17,363]. The evidence was the same in both cases, except as to the manner of the execution of the... |
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| Green v. Dibble |
1 Jones (NC) 332, Supreme Court of North Carolina (June 01, 1854) |
1854 |
A contract on hiring a slave from another, to guaranty against loss, accident or misfortune, arising from a habit of intoxication in the slave, embraces the case of suicide, by drowning, in a fit of intoxication. ACTION of ASSUMPSIT for the value of a negro woman, slave, tried at Spring Term, 1854, of Lenoir Superior Court, before his Honor Judge... |
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| Halbert v. Halbert |
19 Mo. 453, Supreme Court of Missouri (March 01, 1854) |
1854 |
Petition for dower in land and slaves. The husband died, leaving his widow but no children. He made a will with a single clause, giving to the plaintiff, his widow, a female slave, saying nothing about her right in his other property, and making no disposition of any other property. The defendants answered, setting up the bequest of the slave as a... |
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| Hart v. Soward |
14 B.Mon. 301, Court of Appeals of Kentucky (January 04, 1854) |
1854 |
In January, 1850, Margaretta Gorsuch, who owned a considerable estate consisting of land, slaves, and personalty, intermarried with Alfred Soward. She died in May, 1851, intestate, without any issue, leaving her husband surviving. Prior to their marriage, but in contemplation thereof, the parties executed the following ante nuptial agreement, which... |
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| Henderson v. Clarke |
5 Cushm. 436, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
Where there are no debts due by a deceased person, his administrator has no authority to sell slaves, and in making a distribution, the heirs can force the administrator to adhere to their own agreement in that respect. Joint owners of property, when they are able to contract, may agree upon the terms of dividing it among themselves. The law... |
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| Hervy v. Armstrong |
15 Ark. 162, Supreme Court of Arkansas (July 01, 1854) |
1854 |
The patrol system is a police regulation for the several townships in a county; and the authority of each company of patrol is limited to the township for which it is appointed. In an action by an inhabitant of one township against members of the patrol company of another, for whipping his slave, evidence that such company was invited by some... |
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| Hodges v. Cobb |
8 Rich. 50, Court of Appeals of Law of South Carolina (December 01, 1854) |
1854 |
L. W. advanced to T. M. four thousand dollars, to be used in buying and selling negroes, and agreed to settle one-half of the nett profits to the sole and separate use of the wife of T. M. There were executions against T. M. at the time, and he was insolvent. T. M. purchased negroes, and after the death of L. W. settled with his administratrix.... |
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| Hoover v. Pierce |
4 Cushm. 627, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
Where A. sued B. upon a promissory note, the consideration of which was certain negroes sold to B. as merchandise, contrary to the constitution of the State, and a count was included in the same declaration for the hire of certain negroes, and also one for money had and received to the use of A., arising from the sale of the same negroes, they... |
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| Hoover v. Pierce |
5 Cushm. 13, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
Where A. sued B. upon a promissory note, the consideration of which was certain negroes sold to B. as merchandise, contrary to the constitution of the State, and a count was included in the same declaration for the hire of certain negroes, and also one for money had and received to the use of A., arising from the sale of the same negroes; they... |
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| In re Charge to Grand Jury |
2 Curt.C.C. 637, Circuit Court, D Massachusetts (June 07, 1854) |
1854 |
The preceding part of the charge related to certain offences under the acts of congress against the slave-trade; the court being informed by the district-attorney that a complaint on that subject was to be laid before the grand-jury. The court was also informed by that officer that it was his intention to lay before the grand-jury, which had then... |
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| Jayne v. Dillon |
6 Cushm. 283, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
Where a party who is a defendant in an execution, furnishes an officer with a list of slaves to be levied upon, and the officer accordingly enters them on the execution as levied upon, and at the defendant's request the slaves are permitted to remain for a short time in his possession: Held, that this is a sufficient levy, and is equivalent to... |
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| Jenkins v. Peace |
1 Jones (NC) 413, Supreme Court of North Carolina (June 01, 1854) |
1854 |
His Honor, who tried the case below, could not give the instructions prayed for. If all the facts proved in behalf of the defendant were true, the transaction between her and her father was not in law a fraud. John T. Pearce, the father, was the owner of three slaves, whom he sold to his two daughters, the defendant and her sister, Elizabeth, at... |
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| Jesse v. State |
6 Cushm. 100, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
Where a slave is indicted under the statute (Hutch. Co. 521, § 55) which provides that, if any slave be guilty of burning any dwelling-house, store, cotton-house, gin or outhouse, barn or stable, or shall be accessory thereto, every such slave shall, on conviction, suffer death:Held, that an indictment is essentially defective in... |
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| John v. State |
16 Ga. 200, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1.] Every one, whether bond or free, who is indicted for killing another in this State, is, in legal intendment, indicted for killing a free white man. If the killing is of a slave or free person of color, or any one within the exceptional cases, the indictment should so charge it. [2.] A remark made by the Juror, at the moment of the trial, who... |
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| Jones v. Hamlet |
2 Sneed (TN) 256, Supreme Court of Tennessee (December 01, 1854) |
1854 |
This was an action of trover, brought in the circuit court of Davidson, by Hamlet, as trustee in a certain deed of trust made by Clinton L. Freeman to the defendant in error, George D. Hamlet, on the 13th day of March, 1852, for the benefit of William McMurray, against Isaac M. Jones, plaintiff in error, as deputy sheriff of said county, for the... |
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| Jones v. Lipscomb |
14 B.Mon. 296, Court of Appeals of Kentucky (January 02, 1854) |
1854 |
The complainant, Dodson and Spicy, of the negro race, claim the right to their freedom, and legacies to each of $200, under the following clause of the will of Humphrey Jones deceased, to whom in his lifetime they belonged: In consideration of faithful services, I will and require that my executors give my slaves, Dodson and Spicy, $200... |
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| Joslin v. Caughlin |
5 Cushm. 852, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
Where an executor or administrator makes sale of a slave by virtue of an order of the probate court which was absolutely void, and the vendee of the slave in a suit instituted on the note given for said slave, sets up in bar to the recovery, that the order of the probate court under which the sale was made did not conform to the requirements of the... |
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| Kirkwood v. Gordon |
7 Rich. 474, Court of Appeals of Law of South Carolina (May 01, 1854) |
1854 |
Though it is the duty of the Circuit Judge to leave all questions of fact to the jury, yet this does not preclude him from expressing his opinion, and giving to them the aid of his experience upon the weight of the evidence; and where his impressions are strong, he may express them freely. Capacity enough to make a contract, is not... |
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| Kiser v. Kiser |
2 Jones Eq. 28, Supreme Court of North Carolina (December 01, 1854) |
1854 |
Casper Stoltz bequeathed as follows: Fifthly. I will and bequeath unto my daughter Christina, that married John Kiser, a negro girl by the name of Mariah and her increase, and the plantation on which they now live, by said John Kiser giving my beloved wife twenty bushels of corn and one good four horse load of hay per annum, as long as she lives,... |
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| Lambert v. Ingram's Adm'r |
15 B.Mon. 265, Court of Appeals of Kentucky (January 01, 1854) |
1854 |
In 1838 Lambert and Ingram, being partners, advanced to Walker $1,000, and received from him an absolute bill of sale for two slaves, Lewis and Rachel, for the alleged consideration of $1,000 in hand paid, but giving to Walker at the same time a writing which stated that the sum of $1,000 had been borrowed, and the two negroes given to pay the... |
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| Lark v. Cunningham |
7 Rich. 376, Court of Appeals of Law of South Carolina (May 01, 1854) |
1854 |
Though a father, when he puts slaves in the possession of his married daughter, may annex conditions to the deliveryas, for instance, he may reserve the title in himselfand they will be binding on the husband, though he be ignorant of them; yet, there must be good faith in the transaction, for if it be fraudulent, as against the... |
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| Lewis v. Lewis |
1 Jones (NC) 444, Supreme Court of North Carolina (June 01, 1854) |
1854 |
The deed, under which the defendant claims the slave in question, is inartificially drawn, but enough appears to show that the legal title to the negro, Æsop, is in him. The objection to the conveyance, raised by the plaintiff's, that, by the deed, a life estate, in the negro mentioned in it, is reserved to Thomas Simpson, the grantor, and being... |
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| Livingston v. Dugan |
20 Mo. 102, Supreme Court of Missouri (October 01, 1854) |
1854 |
1. A promise by the owner of a slave to pay to a party having him in possession, in good faith for a valuable consideration, under a claim of title, the expenses of medical attendance which the latter might have to pay to a physician will be supported. 2. The compromise of a doubtful right is a good consideration for a promise. Appeal from... |
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| Logan's Adm'rs v. Logan's Ex'rs |
19 Mo. 465, Supreme Court of Missouri (March 01, 1854) |
1854 |
1. Under a marriage contract which reserved to the wife the ownership of her personal property, free from liability for the debts of her husband, with power to dispose of the same by will or otherwise, during the marriage, it was held that the wife retained an absolute estate. This was an action to recover possession of certain slaves which the... |
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| Lovette v. Longmire |
14 Ark. 339, Supreme Court of Arkansas (January 01, 1854) |
1854 |
A judgment was recovered against the husband, in May, 1846. In December, 1847, certain slaves came to the possession of the husband, by inheritance from the wife's ancestor. In November, 1848, a schedule of them as the separate property of the wife, was filed in the recorder's office. In March, 1850, the slaves were taken in execution of the... |
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| Luke Dunn v. State |
15 Ga. 419, Supreme Court of Georgia (June 01, 1854) |
1854 |
[1.] The crime of trading with slaves, is not such an offence against the person or property of the citizen, as can be privately settled by the mere act of the parties, according to the provisions of the Statute of 1850. Indictment for trading with a slave, in Richmond Superior Court. The only question in this cause was, whether an indictment for... |
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| Major v. State |
2 Sneed (TN) 11, Supreme Court of Tennessee (December 01, 1854) |
1854 |
The prisoner a negro slave, was indicted in the circuit court of Scott, for an assault with intent to commit rape on Myra Looper, a free white woman. The venue was change to the county of Morgan, and then it was changed to the county of Fentress. At the October term of the circuit court of Fentress the prisoner was tried and convicted of said... |
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| Marshall v. Rives |
8 Rich. 85, Court of Appeals of Law of South Carolina (December 01, 1854) |
1854 |
Testator bequeathed certain slaves to his grandson J. R. for and during the term of his natural life, and, after his death, to the heirs of his body lawfully begotten, or to such person or persons as he, by will, after he comes of age, shall devise and bequeath them to: But if my said grandson shall die before having lawful issue, or before making... |
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| McClees v. Sikes |
1 Jones (NC) 310, Supreme Court of North Carolina (June 01, 1854) |
1854 |
The objection to the joinder of the count for trespass vi et armis to slaves, with that for trespass quare clausum fregit to land, is clearly untenable. The form of action is the same, requiring the same plea and judgment. The question is too plain to require any reference to authority. We think there is very little more force in the other... |
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| McConnell v. Hardeman |
15 Ark. 151, Supreme Court of Arkansas (July 01, 1854) |
1854 |
In an action of trespass to personal property, it is necessary that the plaintiff aver that the property, for the taking or injury to which the action is brought, is of some value. The statutory enactments in this State, in relation to the liability of the master for the tortious acts of his slaves, are modifications of the general law, which does... |
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