TitleCitationYearSummaryMost RelevantTypeStatus
Lyon v. Walker 8 Rich. 307, Court of Appeals of Law of South Carolina (May 01, 1855) 1855 Testator bequeathed to N. L. and the lawful heirs of his body one negro girl: the said N. L. dying without lawful heirs of his body, the said girl and her increase shall be returned and equally divided between my son W. L. and my daughter M. N.:-Held, that the limitation to W. L. and M. N. was void for remoteness. Most Relevant Cases  
Major v. Harrison 21 Mo. 441, Supreme Court of Missouri (July 01, 1855) 1855 1. Judgment reversed for an insufficient finding of the facts. Error to Howard Circuit Court. Harrison, being summoned as garnishee under an execution in favor of Major against McMullin, answered that he hired a slave from McMullin, for a specific period, at a rate agreed upon, but that the slave was diseased at the time of the hiring and known to... Most Relevant Cases  
Maley v. Barrett 2 Sneed (TN) 501, Supreme Court of Tennessee (April 01, 1855) 1855 This action of replevin was brought by Barrett against Maley, for several slaves, mules, and other property, which had been seized by the plaintiff, as an officer, under an attachment issued in favor of Apperson & Co. against Cockrell. Barrett claimed under several deeds of trust made to him as trustee for the benefit of the creditors of Cockrell,... Most Relevant Cases  
Mardree v. Sutton 2 Jones (NC) 146, Supreme Court of North Carolina (June 01, 1855) 1855 If a father, at the request of his son, agrees that his slave may go and aid the son in driving hogs out of the son's field, and the son, with the assistance of the slave, wilfully and wantonly kills some of the hogs and injures others, the father is not liable in an action of trespass. But if, at the time the father agreed that his slave might go,... Most Relevant Cases  
Matthis v. Matthis 3 Jones (NC) 132, Supreme Court of North Carolina (December 01, 1855) 1855 There is one error apparent upon the bill of exceptions, which entitles the defendant to a reversal of the judgment and the award of a venire de novo. Supposing that the plaintiff was entitled to recover damages at all, for the seduction and detention of the slave from his possession, while he held him, as the bailee of his father, it became a... Most Relevant Cases  
McGlawn v. McGlawn 17 Ga. 234, Supreme Court of Georgia (January 01, 1855) 1855 [1.] This instrument is, to all intents and purposes, a sale, for a valuable consideration, ($500) of a slave, the seller reserving to himself a life estate in the property. In other words, it is the purchase of the remainder, after the life estate has terminated. We concur with the Circuit Court, that the paper was irrevocable and not testamentary... Most Relevant Cases  
McVay's Adm'r v. Ijams 27 Ala. 238, Supreme Court of Alabama (June 01, 1855) 1855 [DETINUE FOR SEVERAL SLAVES--CONSTRUCTION OF DEED OF GIFT.] APPEAL from the Circuit Court of Lauderdale. Tried before the Hon. JOHN E. MOORE. Most Relevant Cases  
Mebane v. Womack 2 Jones Eq. 293, Supreme Court of North Carolina (December 01, 1855) 1855 The questions arising upon the construction of the will of Ann Yancy, will be considered by us in the order in which they are presented in the pleadings. 1. The first question arises upon the following clause, I give and bequeath to my grand-daughter, Frances Ann McAden, the following slaves, to wit, Grandison, &c. These slaves I bequeath to her... Most Relevant Cases  
Merrill v. Melchior 1 George 516, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 1. STATUTES PENAL: CONSTRUCTION OF.Penal statutes cannot be extended by construction, so as to bring within their provisions, cases not embraced in their plain letter. Dwarris on Stat. 736. 2. SLAVES: IMPORTED FOR MERCHANDISE: DUTY OF PURCHASER.The act of 1822, Hutch. Code, 573, in relation to the importation into this state, and sale... Most Relevant Cases  
Midgett v. McBryde 3 Jones (NC) 21, Supreme Court of North Carolina (December 01, 1855) 1855 The provision of the Statute, All free base-born children of color are liable to be bound out as apprentices by the County Courts, although their parents do habitually employ their time in some honest and industrious occupation, applies only to the legitimate children of free negroes. APPEAL from a judgment of the Superior Court of Currituck,... Most Relevant Cases  
Moran v. Davis 18 Ga. 722, Supreme Court of Georgia (August 01, 1855) 1855 [1.] It is lawful to hunt runaway slaves with dogs, provided it be done with due degree of caution and circumspection. Case, in Monroe Superior Court. This was an action on the case brought by Augustus B. Moran, as trustee for Mariana Moran, against Gardner Davis, for the recovery of the value of a negro boy Stephen, alleged to have been worth... Most Relevant Cases  
Morton v. Bradley 27 Ala. 640, Supreme Court of Alabama (June 01, 1855) 1855 [ACTION UNDER CODE TO RECOVER DAMAGES FOR KILLING A SLAVE.] APPEAL from the Circuit Court of Pickens. Tried before the Hon. E. W. PETTUS. Most Relevant Cases  
Motts v. Usher 2 Clarke 82, Supreme Court of Iowa (December 01, 1855) 1855 The competency of the witness, Hinton, must depend upon the construction to be given to the concluding part of section 2388, of the Code. This provides, that an Indian, a negro, a mulatto, or a black person, shall not be allowed to give testimony in any case wherein a white person is a party. This language is explicit, and most clearly renders the... Most Relevant Cases  
Murphy v. Barefield 27 Ala. 634, Supreme Court of Alabama (June 01, 1855) 1855 [BILL IN EQUITY TO REDEEM MORTGAGED SLAVES--CROSS BILL TO FORECLOSE.] APPEAL from the Chancery Court of Monroe. Heard before the Hon. WADE KEYES. Most Relevant Cases  
Murphy v. Merritt 3 Jones (NC) 37, Supreme Court of North Carolina (December 01, 1855) 1855 A provision in a deed of gift of slaves, reserving unto myself and to my wife M., the use of the said granted negroes, during the term of our natural lives, does not reserve an estate during the joint lives of the donor and his wife, but gives it to the husband for life, then to the wife for life, and then to the ulterior donee; such... Most Relevant Cases  
Murphy v. State 6 Cushm. 637, High Court of Errors and Appeals of Mississippi (April 01, 1855) 1855 An indictment under the act of 6th of March, 1850, to suppress trade and barter with slaves, framed in the general manner indicated in the second section of that act, would be invalid. Murphy v. The State, 24 Miss. 590, cited and confirmed. As a general rule in criminal as well as in civil cases, a person interested in the event of a suit or... Most Relevant Cases  
Newell v. Cowan 1 George 492, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 1. MASTER: WHEN LIABLE FOR TORTS OF HIS SLAVE.A master may order his slaves to arrest another slave illegally on his plantation, without being himself, or having any other white person present, and without thereby being made responsible for any tort committed by his slaves, in making the arrest. 2. SAME.It is well settled law, in the... Most Relevant Cases  
Nix v. State 13 Tex. 575, Supreme Court of Texas (January 01, 1855) 1855 In the case of Chandler v. The State, 2 Tex. R., 305, we held that slaves are persons within the meaning of the statutes concerning crimes; and that, where not otherwise provided, or where the relations arising out of the institution of slavery do not imply the reverse, the statutes enacted for the punishment of crimes, and especially crimes... Most Relevant Cases  
Nixon v. Lindsay 2 Jones Eq. 230, Supreme Court of North Carolina (December 01, 1855) 1855 The bill contains an allegation that the defendants knew of the unsoundness of the slave, and fraudulently concealed it from the persons selected to make the division, and from the guardian of the plaintiffs; and, by misrepresentation and falsehood, caused them to believe that she was laboring under temporary indisposition, from want of sleep, &c.,... Most Relevant Cases  
Nixon v. Rose 12 Gratt. 425, Supreme Court of Appeals of Virginia (May 21, 1855) 1855 Testatrix bequeaths slaves to A, B and C jointly, upon the following trust: To be held by them in trust only for the benefit of her daughter E, (a married woman,) or her heirs. And as it is my wish to guard in the most ample manner against the imprudent sale or other disposition of the aforesaid property, during the natural life of E, it is hereby... Most Relevant Cases  
Noel v. Wheatly 1 George 181, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 WARRANTY OF TITLE OF SLAVE: DAMAGES FOR BREACH OF.The amount of damages which the purchaser of a slave is entitled to recover from his vendor for breach of a warranty of title, in the absence of all fraud in the sale, is the purchase-money and interest, and his expenses incurred in defending the title; he cannot recover for the loss of a... Most Relevant Cases  
Norris v. Patton's Adm'r 15 B.Mon. 575, Court of Appeals of Kentucky (July 01, 1855) 1855 Neither the terms of the agreement between Patton and his slave Norris, nor anything which occurred between them in reference to it, indicate the intention on either side that Norris should be free except on performance of the conditions provided for in the agreement itself. Nor is there any circumstance in the case which demonstrates the intention... Most Relevant Cases  
O'Neal v. Baker 2 Jones (NC) 168, Supreme Court of North Carolina (June 01, 1855) 1855 The action cannot be sustained: To support an action of detinue, the plaintiff must have the right of property in the thing claimed, and also the present right of possession. A bailor may sustain the action, because he has a special right of property, and the right of present possession. The case discloses that the mother of the slave sued for,... Most Relevant Cases  
Osborne v. Taylor's Adm'r 12 Gratt. 117, Supreme Court of Appeals of Virginia (February 19, 1855) 1855 1. Administrator with the will annexed having in his possession slaves of his testator, and being in doubt whether they are emancipated by the will, may come into equity, making the legatees and next of kin of the testator, parties, and ask the court to construe the will: And in this suit, the court, being of opinion that the slaves are emancipated... Most Relevant Cases  
Pace v. Bonner 27 Ala. 307, Supreme Court of Alabama (June 01, 1855) 1855 [DETINUE FOR A SLAVE--CONSTRUCTION OF WILL.] APPEAL from the Circuit Court of Monroe. Tried before the Hon. C. W. RAPIER. Most Relevant Cases  
Parish v. Merritt 3 Jones (NC) 38, Supreme Court of North Carolina (December 01, 1855) 1855 In a deed of gift of slaves from a grand-father to his grand-child, after the granting clause, occurs the following, viz: reserving nevertheless, unto myself and unto my wife M., the use of the said granted negroes during the term of our natural lives, Held that the legal effect of the instrument was to vest an estate in the grantor... Most Relevant Cases  
Parker v. Portis 14 Tex. 166, Supreme Court of Texas (January 01, 1855) 1855 Slaves purchased by an administrator with the funds of his intestate are the property of the estate held by him in trust for the distributees and heirs of the estate, and this too whether he be rightfully administrator or not. Where a defendant in execution is in possession of slaves as trustee for others, and such slaves are levied on, he has a... Most Relevant Cases  
Pearson v. Johnson 2 Sneed (TN) 580, Supreme Court of Tennessee (April 01, 1855) 1855 In February, 1853, the clerk of the circuit court of Carroll, in pursuance of a decretal order of that court, sold at public auction, to Peter Pearson, a slave, George, at $1,005, and reported the sale to the next term, April 1853. The plaintiff petitioned the court, before the report was confirmed, to set aside the sale and to be relieved... Most Relevant Cases  
Phinizy v. Few 19 Ga. 66, Supreme Court of Georgia (September 01, 1855) 1855 [1.] A testator bequeathed to his married daughter, in trust, for her sole and separate use, certain negroes, naming them; and if she died without child or children, born of her body and living at her death, in that case, the property was to revert to his estate and be equally divided between certain grand-children: Held, 1st. That the will created... Most Relevant Cases  
Pilkington v. Cotten 2 Jones Eq. 238, Supreme Court of North Carolina (December 01, 1855) 1855 The defendant's exceptions in respect to the Master's estimate of the value and hire of the slave Nathan, are overruled. The exceptions are based on the ground that the Master ought to have adopted an average of the estimate made by the witnesses on both sides. This position is not tenable. The general rule is, that the Master should form an... Most Relevant Cases  
Pleasant v. State 15 Ark. 624, Supreme Court of Arkansas (January 01, 1855) 1855 An order for a change of venue is sufficient when it substantially conforms to the requirements of the statute. Upon a change of venue, the original indictment remains in the court where it is preferred, and a transcript of it sent to the court to which the cause is removed. The allegation in an indictment against a negro for an assault with intent... Most Relevant Cases  
Porter v. Ross 2 Jones Eq. 196, Supreme Court of North Carolina (August 01, 1855) 1855 The question arises under the will of John Porter made in 1818. He therein gives to his daughter, Mary Porter, certain property, among which is a negro woman named Eliza. This item closes as follows: and in case the said Mary Porter should die without issue, then and in that case, it is my will that the above named negro girl and her issue, be... Most Relevant Cases  
Powell v. State 27 Ala. 51, Supreme Court of Alabama (June 01, 1855) 1855 [INDICTMENT FOR SELLING SPIRITUOUS LIQUORS TO A SLAVE.] APPEAL from the Circuit Court of Greene. Tried before the Hon. EDMUND W. PETTUS. Most Relevant Cases  
Ratcliff v. Polly 12 Gratt. 528, Supreme Court of Appeals of Virginia (September 07, 1855) 1855 1. Suits for freedom must be brought in one of the courts of the county or corporation in which the party suing is detained by the person having him in custody. 2. Where a person having persons of color in his custody, claiming them as slaves, resides in one county and holds them in that county, and brings them into another county in obedience to a... Most Relevant Cases  
Rawles v. State 15 Tex. 581, Supreme Court of Texas (January 01, 1855) 1855 An indictment will not lie against the master, under the act of May 11, 1846, to prevent slaves from hiring their own time, or their owners from hiring them to other slaves, free negroes or mulattoes. (Hart. Dig. p. 784.) Appeal from Travis. The appellant was indicted under the first section of the act of May 11, 1846, for permitting his slave to... Most Relevant Cases  
Reese v. Harris 27 Ala. 301, Supreme Court of Alabama (June 01, 1855) 1855 [DETINUE FOR A SLAVE.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. ANDREW B. MOORE. Most Relevant Cases  
Reeves v. Gantt 8 Rich.Eq. 13, Court of Appeals of Equity of South Carolina (December 01, 1855) 1855 Bill by the representatives of R. T. to set aside conveyance of all his land and negroes by R. T. to J. G., on the ground of mental incapacity and imposition. R. T. was eighty years old at the time of the conveyance, and the consideration consisted principally of notes given by R. T. to J. G. from year to year, for store accounts for goods... Most Relevant Cases  
Richardson v. McFadden 13 Tex. 278, Supreme Court of Texas (January 01, 1855) 1855 This suit was brought on a note given for the purchase money of a negro boy named Oscar. The defense was failure of consideration for want of title in the plaintiff. The law of the case as it arose upon the facts was fairly stated by the court to the jury, and although the evidence was perhaps not very satisfactory, yet no ground is perceived on... Most Relevant Cases  
Ricks v. State 16 Ga. 600, Supreme Court of Georgia (January 01, 1855) 1855 [1.] Nothing but written permission from the owner, overseer or employer of a slave, or from some other person authorized to give such permission, will justify a person in buying or receiving cotton from such slave. [2.] A new trial will not be granted for an error which was entirely harmless; at least, it will not be in cases in which there was no... Most Relevant Cases  
Robinson v. Rice 20 Mo. 229, Supreme Court of Missouri (January 01, 1855) 1855 1. It has been repeatedly held that, under the new practice, multifariousness is still an objection to a pleading. Different causes of action against different parties cannot be joined. 2. A husband in possession of slaves under a will which gives his wife a life estate cannot pass an absolute estate to a pruchaser. 3. Under the new practice, a... Most Relevant Cases  
Roebuck v. Thornton 19 Ga. 149, Supreme Court of Georgia (November 01, 1855) 1855 [1.] The Sheriff goes to levy a fi. fa.; the defendant tells him to enter a levy on a negro. The Sheriff does not see the negro, but enters the levy. The defendant gives a bond for the forthcoming of the negro. On the day of sale, the negro is forthcoming, and is sold by the Sheriff: Held, that the Sheriff was authorized to sell the negro.... Most Relevant Cases  
Rowan v. Hutchisson 27 Ala. 328, Supreme Court of Alabama (June 01, 1855) 1855 [DETINUE AGAINST SHERIFF FOR SLAVES TAKEN UNDER ATTACHMENT.] APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. Most Relevant Cases  
Rozier v. Holliday 8 Md. 381, Court of Appeals of Maryland (December 01, 1855) 1855 The appellant claims his freedom under the will of Van S. Brashears, which was executed on the 20th day of October 1832, and provided that all his property, real, personal and mixed, should belong to his wife, Maria, for her sole and exclusive use and benefit, but that at her death all his slaves then existing, and those that might be born of them... Most Relevant Cases  
Sharp v. Sharp 2 Sneed (TN) 496, Supreme Court of Tennessee (April 01, 1855) 1855 Bill for divorce. These parties were married March 30, 1852, and separated a few months afterwards. Each of them had been married before, and had children by their former marriages. They had, perhaps, nearly an equal amount of property. The plaintiff owned an interest in some lands, owned six negro slaves, and other personal property. The bill... Most Relevant Cases  
Shelfer v. Gooding 2 Jones (NC) 175, Supreme Court of North Carolina (June 01, 1855) 1855 It is unnecessary for us to decide whether the charge against the defendant's slave was too vague and indefinite to give the magistrates jurisdiction, because, supposing that they had it, no action can be sustained for words spoken upon such an occasion and under such circumstances as were those uttered by the defendant in this case. When the slave... Most Relevant Cases  
Shiver v. Brock 2 Jones Eq. 137, Supreme Court of North Carolina (June 01, 1855) 1855 The bill is filed for on account and partition, and on the hearing, an account was ordered. The master made his report and each party filed his exceptions. The exceptions of the defendant are all over-ruled. The first exception: because, although the mother of the slaves Simon, Plutus, and Green, had been put into the possession of the defendant,... Most Relevant Cases  
Smith v. Dunn 27 Ala. 315, Supreme Court of Alabama (June 01, 1855) 1855 [BILL IN EQUITY BY TENANT IN COMMON FOR PARTITION OF A SLAVE.] APPEAL from the Chancery Court of Macon. Heard before the Hon. A. J. WALKER. Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Smith v. Turrentine 2 Jones Eq. 253, Supreme Court of North Carolina (December 01, 1855) 1855 We deem it unnecessary to consider some of the interesting questions which were ably discussed at the bar. There is a plain ground of equity, upon which, without adverting to any other, the plaintiff's bill must be dismissed. At the time when the slave Jane was conveyed to the defendant Turrentine, in trust for the other defendants who were... Most Relevant Cases  
Snoddy v. Haskins 12 Gratt. 363, Supreme Court of Appeals of Virginia (May 14, 1855) 1855 A question is made whether this court has jurisdiction to try this cause under the statute, Sessions Acts of 1852, p. 53, ยง 9. The slave, on which the execution is levied, is alleged to be of the value of six hundred and fifty dollars; but the debt, interest and costs, for which the execution issued, make an amount less than five hundred... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Spurrier's Heirs v. Parker 16 B.Mon. 274, Court of Appeals of Kentucky (October 09, 1855) 1855 1. I do hereby set free from bondage the following negroes purchased by me of J. C., viz: negro woman Rose, on the 25th day of July, 1802, etc.; also the negro girl Poll, which I purchased at Col. Chew's sale of negroes, who is aged about nine years and six months, on the 25th day of January, 1814. Held, that Poll was not free until... Most Relevant Cases  
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