Title | Citation | Year | Summary | Most Relevant | Type | Status |
McLean v. Nelson |
1 Jones (NC) 396, Supreme Court of North Carolina (June 01, 1854) |
1854 |
A grantee is not a necessary party to a bill of sale for slaves. Where a deed, conveying slaves upon certain trusts, was duly executed, by a woman and her intended husband, in contemplation of marriage, and was duly proven and recorded, it is valid, although the draftsman may have added an extra seal, intended for the signature of the trustee, and... |
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Morton's Heirs v. Thompson |
6 Rich.Eq. 370, Court of Appeals of Equity of South Carolina (May 01, 1854) |
1854 |
Three separate clauses by which testator bequeathed to three different legateesto each one-third of his estate, held to be residuary. Testator directed that his two slaves, W. and M., have their freedom by paying their appraised value, and that they be allowed three years to pay it in; that his negro woman A. be free by getting a... |
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Mosely v. Baker |
2 Sneed (TN) 362, Supreme Court of Tennessee (December 01, 1854) |
1854 |
This was an injunction bill to restrain the sale of two slaves claimed by the complainant. The bill alleges that on the 16th of February, 1850, complainant purchased from the defendant Maguire the slaves Rose and child, for $300, which he paid in hand, and took a bill of sale with warranty of title; and that he made said purchase in utter ignorance... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Mounce v. Byars |
16 Ga. 469, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1.] We see no reason to interfere with the judgment of the Court below, on any point, except that made upon so much of the charge to the Jury as instructed them, that if, when William Byars stood security for James it was agreed between them, that James should secure his brother against loss, by a mortgage on a negro and failed; and if the... |
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Murphy's Adm'rs v. Crain |
12 Tex. 297, Supreme Court of Texas (January 01, 1854) |
1854 |
To establish a breach of warranty of soundness, in case of the death of a negro from disease, it must be proved that the negro was unsound at the time of the sale, and that the unsoundness then existing was the occasion of his death. (That is, we presume, where the full value is claimed, and not where a claim is made for the difference between the... |
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Myrick v. Hicks |
15 Ga. 155, Supreme Court of Georgia (February 01, 1854) |
1854 |
This is a suit which is brought for the use of Myrick alone. [1.] In the declaration, it is alleged, substantially, as follows: that Myrick had issued an attachment against one Sawyer; that on the seventeenth of February, 1842, this attachment was levied on eight negroes, and on the twentieth of February, 1842, was levied on five negroes, to wit:... |
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Nabors v. McKay |
5 Cushm. 799, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
The statute of 1822 (Rev. Co. 50, ยง 82) provides, that where one or more slaves shall descend from a person dying intestate, and equal division thereof cannot be made in kind, on account of the nature of the property, it shall be lawful for the orphans' court, by which the administration to the estate was granted, to direct the sale of such slave... |
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Nelson's Adm'r v. Cornwell |
11 Gratt. 724, Supreme Court of Appeals of Virginia (November 06, 1854) |
1854 |
The questions which arise in this case are: First. Whether a court of chancery has jurisdiction of it? Secondly. Whether the slaves in controversy belonged to the estate of Jesse Cornwell instead of to Constance Cornwell, at the time of her death? Thirdly. Whether the claim of the appellee John Cornwell to the said slaves is concluded by the award... |
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Nicholls v. Holmes |
1 Jones (NC) 360, Supreme Court of North Carolina (June 01, 1854) |
1854 |
The case is not stated with the order and clearness that is so necessary in all judicial proceedings; but, as we understand it, four points are intended to be presented. 1st. Ned, the slave in controversy, was the child of a woman by the name of Rittey. The plaintiff alleged that Rittey was bequeathed to him by his father's will, and it was... |
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Nichols v. Campbell |
10 Gratt. 560, Supreme Court of Appeals of Virginia (January 30, 1854) |
1854 |
1. In detinue for slaves plaintiff claims as trustee in a deed of trust to secure a debt, defendant claims as purchaser under a subsequent trust deed from the same grantor. Defendant offers a witness to prove that the debt secured by plaintiff's deed has been paid by the sale of slaves by the grantor in that deed to the beneficiary therein, to... |
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Owen v. Tankersley |
12 Tex. 405, Supreme Court of Texas (January 01, 1854) |
1854 |
I shall consider this case, as if all the parol evidence rejected had been admitted, giving, however, only the legal weight to such evidence, and to conclusions of law, stated in the evidence, such force as they derive from the facts in proof. It appears to be well established at Common Law, that where slaves or other chattels pass from the... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Padelford, Fay & Co. v. Mayor and Aldermen of City of Savannah |
14 Ga. 438, Supreme Court of Georgia (January 01, 1854) |
1854 |
[1.] The Ordinance of the City Council of Savannah, That on the gross amount of sales of all negroes, goods, wares and merchandise or other commodity, article or thing sold within the corporate limits of the city of Savannah, by any person or persons whomsoever, upon or for a commission, premium, per centage or other profit charged or to be... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Parker v. Walden |
16 Ga. 27, Supreme Court of Georgia (August 01, 1854) |
1854 |
[1.] Where P brought suit against W, and proved by several witnesses that W lived with him for the time alleged in the petition, and that her board was worth what was charged, and on this testimony relied for recovery; and where a similar number of witnesses proved for the defendant W, that her services, the labor of her two small negro boys, the... |
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Peay v. McEwen |
8 Rich. 31, Court of Appeals of Law of South Carolina (December 01, 1854) |
1854 |
One, who received a fifty dollar bill from the plaintiff's slave, and detained it, supposing it to be stolen, held bound, after advertising the bill and waiting over three years, to pay it to the plaintiff, no better owner appearing. |
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People v. Hall |
4 Cal. 399, Supreme Court of California (October 01, 1854) |
1854 |
Section 394 of the Civil Practice Act provides, No Indian or Negro shall be allowed to testify as a witness in any action in which a White person is a party. Section 14 of the Criminal Act provides, No Black, or Mulatto person, or Indian shall be allowed to give evidence in favor of, or against a White man. Held, that... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Phillips v. Chappell |
16 Ga. 16, Supreme Court of Georgia (August 01, 1854) |
1854 |
Whether the intention of James Hopkins was to give the negroes to his daughter Amelia, as an advancement of so much of her portion in his estate, or as a present over and above that portion, or even as something in compromise of a claim which she set up against him, the instrument which he made to her, without the necessity of having to do much if... |
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Pierce v. Cameron, McDermid & Mustard |
7 Rich. 114, Court of Appeals of Law of South Carolina (January 01, 1854) |
1854 |
Defendants, in order to raise money to pay for a negro they had bargained for, drew a promissory note payable to the plaintiff, upon which he advanced the money. The negro proved to be unsound:Held, that defendants could not show the unsoundness as a defence to the action on the notethe consideration of which was not the price of the... |
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Pierce v. John |
6 Md. 28, Court of Appeals of Maryland (December 01, 1854) |
1854 |
A prayer which leaves to the jury the finding of a fact of which there is no evidence, is erroneous. A court of law has no power to compel an election where none has been made, and where a negro claims his right to freedom by election, nothing short of facts constituting an actual election can avail him. A receipt given to an executor for... |
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Polk's Adm'r v. Allen |
19 Mo. 467, Supreme Court of Missouri (March 01, 1854) |
1854 |
1. In an action for the conversion of a slave, the measure of damages is the value with interest. The plaintiff cannot recover the value of the hire by way of damages. 2. A gift or bequest of a chattel to husband and wife vests the entire property in the husband. 3. The statute of limitations only commences running against an administrator from the... |
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Potts v. Merrit |
14 B.Mon. 406, Court of Appeals of Kentucky (June 13, 1854) |
1854 |
(1.) The verbal agreement between the complainant, Priscilla, and her husband, Jonathan Potts, made before their marriage, to the effect that she should retain the title to her slaves, and have the control and the power of disposition of them after marriage as before, as charged in the bill, and even though sufficiently proven by the witnesses, is... |
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Purvis v. Sherrod |
12 Tex. 140, Supreme Court of Texas (January 01, 1854) |
1854 |
The District Court has jurisdiction of an action by an executor, against the heirs, devisees, and legatees of the testator, to procure a construction of the will, and instructions as to the proper execution of the same. (Note 38.) A bequest of slaves upon trust that they shall be carried to a free State or to the Colony of Liberia where they may... |
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Rabb v. McKinnie |
5 Cushm. 98, High Court of Errors and Appeals of Mississippi (April 01, 1854) |
1854 |
McK. recovered a judgment on the 23d of January, 1838, in the circuit court of Warren county, against G. W. H., who died in the year 1847, having made his will, by which he bequeathed to S. H. and J. G. H., his only children and heirs at law, then minors, a considerable estate in land and slaves; and appointed J. R. his executor, who proved the... |
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Raby v. Batiste |
5 Cushm. 731, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
Where A. claimed to be the heir and son of A. K., but it was shown that A. was a mulatto, his father being a negro, and his mother having married A. K. after his birth, and that he (A.) having married a slave, not claiming or exercising the right of voting at elections, to act as a juror in court, or testify against a white man in... |
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Ragan v. Gray |
5 Cushm. 645, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
In November, 1836, N. G. purchased of J. A. G. a plantation and slaves for the sum of $122,000, of which he paid $20,000 on the 1st of January, 1837, when the possession of the property was delivered, and, for the residue, he (N. G.) executed five promissory notes, each for the sum of $20,400, payable respectively on the 1st of January, 1838, 1839,... |
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Richardson v. Wilmington & M.R. Co. |
8 Rich. 120, Court of Appeals of Law of South Carolina (November 01, 1854) |
1854 |
Case against a railroad company for running over and killing with their train a slave of the plaintiff's, asleep upon the road. Verdict for the defendants, which on appeal the court refused to disturb. Even if there was negligence on the part of the defendants, the slave, whose act is to be attributed to the owner, being as much to blame as the... |
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Ridge v. Featherston |
15 Ark. 159, Supreme Court of Arkansas (July 01, 1854) |
1854 |
In an action against the master for a trespass committed by his slave in killing an animal belonging to the plaintiff, the declaration should aver that the killing was willful and malicious. The act of killing a horse, done willfully and maliciously, is one of those indictable offenses enumerated in the statute; and, for which, if committed by a... |
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Roane v. Rives |
15 Ark. 328, Supreme Court of Arkansas (July 01, 1854) |
1854 |
A gift to a trustee, in trust for the use of a married woman and her increase forever to their use, &c., of a negro woman and her increase, without other words, becomes at once a use executed, passing the legal and beneficial interest to the cestui que use; and the marital rights of the husband attach immediately. Appeal from Jefferson Circuit... |
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Rowland v. Partin |
1 Jones Eq. 257, Supreme Court of North Carolina (June 01, 1854) |
1854 |
We think his Honor erred in reversing the interlocutory order upon the petition to rehear it. At the time it was entered, it was the only order to which the plaintiffs upon the allegations and prayer of their bill were entitled.--They do not pretend that they have an absolute, or, indeed, any other certain interest in the slaves in question; on the... |
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Sanderford v. Moore |
1 Jones Eq. 206, Supreme Court of North Carolina (June 01, 1854) |
1854 |
The estate of Marcellus was determinable, being subject to a limitation over to his sisters, Martha and Frances, in the event of his death without leaving a child living at the time of his death. Frances died leaving Marcellus and Martha her next of kin. Marcellus sold the slaves to the defendant, who had notice of the limitation over: The... |
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Sarah v. State |
6 Cushm. 267, High Court of Errors and Appeals of Mississippi (October 01, 1854) |
1854 |
The statute under which the prisoner in this case was indicted (Hutch. Code, 521) provides, that if any slave, free negro, or mulatto shall prepare, exhibit, or administer to any person or persons in this State any medicine whatsoever, with intent to kill such person or persons, he or she so offending shall be judged guilty of a felony, and... |
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Scott v. Hix |
2 Sneed (TN) 192, Supreme Court of Tennessee (December 01, 1854) |
1854 |
William Hix, by his will of 1833, bequeathed to his wife certain slaves and other property for life, and at her death, remainder to be divided among his children, so as to make all equal. His daughter Mary married John T. Philpot, and Rebecca, Charles Philpot. In the year 1840 Charles bought of John T. the remainder interest of his wife, Mary, in... |
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Sharpe v. Campbell |
1 Jones (NC) 520, Supreme Court of North Carolina (August 01, 1854) |
1854 |
We concur with his Honor, that the plaintiff failed to show title in his intestate, to the slave sued for; consequently, that the action could not be maintained. The intestate claimed the slave under the will of her father, Elihu King, and the case depends upon its construction. In regard to this, we have some difficulty. A prominent intention on... |
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Sims v. Lively |
14 B.Mon. 433, Court of Appeals of Kentucky (July 01, 1854) |
1854 |
Samuel Finley, by his will, admitted to record in June, 1832, after devising to his two sons, Hardin and Preston, land, slaves, and personalty constituting much the largest portion of his estate, says, in a subsequent and distinct clause: It is my will and desire that my sons, Hardin and Preston Finley, out of the bequests above named, to them... |
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Smith v. Smith |
6 Md. 496, Court of Appeals of Maryland (December 01, 1854) |
1854 |
A testator directed that his wife should retain a negro girl until she arrived at the age of thirty-five years, which will be in October 1858, and if his wife should die before that period, then his son should take said girl and have her time for the term of her service valued, and account therefor as his executor. The widow sold the... |
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Sollee v. Croft |
7 Rich.Eq. 34, Court of Appeals of Equity of South Carolina (December 01, 1854) |
1854 |
Trustee, who claimed in his returns a balance as due him on account of the trust estate, and who had placed the trust negroes in the possession of F., the cestui que trust, before he arrived at age, denied to F., shortly after he arrived at age, any liability further to account to him as trustee:-Held, that the denial gave currency to the statute... |
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Spilman v. Smith |
15 B.Mon. 123, Court of Appeals of Kentucky (January 01, 1854) |
1854 |
By virtue of a decree in a suit of Ison and wife against Gaines' heirs, several slaves were sold by the commissioner appointed in said decree, and James Bates became the purchaser of one of the slaves at the price of $508. The slaves were sold upon a credit of twelve months, and Bates, with J. B. Smith and S. A. Gaines, as sureties, executed a bond... |
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State v. Arnold |
8 Rich. 39, Court of Appeals of Law of South Carolina (November 01, 1854) |
1854 |
Where a civil action by the owner, and a prosecution instituted by a third person, are both pending for the same offence of harboring a slave, the owner may, nevertheless, be required to elect on which case to proceed. When either case is ready for trial the defendant may require the election to be made. |
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State v. Brown |
5 Harr. 505, Court of General Sessions of the Peace and Jail Delivery of Delaware (October 01, 1854) |
1854 |
The defendant was indicted for an assault and battery and false imprisonment. He was indicted with Hugh Lafferty and William Thorne, in two indictments. Thorne was dead; and the court permitted the remaining defendants to sever. Both cases against this defendant were tried together. Isaac Nathans, (negro.)Last February, between 10 and 11 o'clock... |
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State v. Harris |
2 Sneed (TN) 224, Supreme Court of Tennessee (December 01, 1854) |
1854 |
This is an appeal by the state from a judgment of his honor the judge of the criminal court at Nashville, quashing an indictment against the defendants for giving spirituous liquor to a slave, upon the ground of an insufficient description of the offence. The charge is that the defendants on the 15th of April, 1854, unlawfully, a certain... |
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State v. Hester |
2 Jones (NC) 83, Supreme Court of North Carolina (December 01, 1854) |
1854 |
The prisoner was found guilty at the last Term of the Superior Court for the county of Chatham, upon a bill of indictment, containing several counts charging him with stealing a slave named Dick, the property of John U. Kirkland. His counsel filed a bill of exceptions for two errors alleged to have been committed on the trial by the presiding... |
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State v. Jacobs |
2 Jones (NC) 52, Supreme Court of North Carolina (December 01, 1854) |
1854 |
A notice to subject a free person of color to the penalty of $500, if he shall not remove within twenty days, must be served personally. Leaving such notice at the dwelling house, is not sufficient. APPEAL from the Superior Court of Richmond county, at the Fall Term, 1854, his Honor Judge MANLY, presiding. THIS was a proceeding against the... |
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State v. Kinman |
7 Rich. 497, Court of Appeals of Law of South Carolina (May 01, 1854) |
1854 |
The fact that a slave, stolen in this State, was found five months afterwards in the possession of the prisoner in Alabama, was allowed to go to the jury as evidence of the prisoner's guilt; and fortified by other evidence was held sufficient to sustain a verdict of guilty. |
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State v. Leapfoot |
19 Mo. 375, Supreme Court of Missouri (January 01, 1854) |
1854 |
The second count of the indictment is good, and ought not to have been quashed. It is in the language of the statute. and is as certain as it is. This case comes within the principle of the State v. Ames, 1 Mo. 372. Page v. State, 6 Mo. 205. Grave v. State, 10 Mo. 232, and State v. Ladd, 15 Mo. 430. The charge of dealing with a slave, without... |
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State v. Lethe |
9 La.Ann. 182, Supreme Court of Louisiana (March 01, 1854) |
1854 |
Appeal from a tribunal composed of two Justices of the Peace and ten owners of slaves, in the Parish of East Feliciana. |
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State v. Motley |
7 Rich. 327, Court of Appeals of Law of South Carolina (January 01, 1854) |
1854 |
Indictment for the murder of a slave named Joe, the property of a person unknown:Held, that proof, 1. That the person killed was a negro, was prima facie evidence that he was a slave; 2. That he called himself Joe, and was so called by the prisoner, was sufficient evidence of his name; and 3. That he was a stranger to the witnesses who saw... |
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State v. Posey |
7 Rich. 484, Court of Appeals of Law of South Carolina (May 01, 1854) |
1854 |
The indictment contained four counts for grand larceny; the fifth count was for receiving certain bank bills from a slave, knowing them to be stolen, contra formam statuti; and the sixth count charged the same offence as at Common Law, for receiving a purse, handkerchief, knife and glovesthe four first counts, therefore, charged a felony,... |
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State v. Soot |
19 Mo. 379, Supreme Court of Missouri (January 01, 1854) |
1854 |
The defendants were indicted for being present in company of slaves at an unlawful meeting, and in the indictment it is charged that the meeting was at the house of Thomas Plemmons, in the night of a particular day, and that it continued for two hours. The meeting is, several times in the indictment, called an unlawful meeting, but it is nowhere... |
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State v. Thomas |
7 Rich. 481, Court of Appeals of Law of South Carolina (May 01, 1854) |
1854 |
An indictment under the Act of 1834, (7 Stat. 469,) prohibiting any free white person being a distiller, vender, or retailer of spirituous liquors, from selling, giving, &c., any spirituous liquors to a slave, must allege that defendant is a distiller, vender or retailer of spirituous liquors. |
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State v. Turner |
5 Harr. 501, Court of General Sessions of the Peace and Jail Delivery of Delaware (October 01, 1854) |
1854 |
Exporting a slave means carrying out for the purpose of sale. The act entitles the slave to his freedom, but this must be judicially decided, and cannot be tried collaterally. After a decree of freedom, and pending an appeal, the slave is not a competent witness. The defendant was indicted for exporting a slave; Daniel Webb. The... |
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State v. Wupperman |
13 Tex. 33, Supreme Court of Texas (January 01, 1854) |
1854 |
The defendant was indicted under the second Section of the Act concerning slaves, (Dig., Art. 2558,) which prohibits the buying of any produce of a slave without the written consent of his or her master, or mistress, or overseer. The indictment charges that the defendant bought the produce of the slave, the property of one... |
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