TitleCitationYearSummaryMost RelevantTypeStatus
State v. Hannah 10 La.Ann. 131, Supreme Court of Louisiana (February 01, 1855) 1855 Appeal from a tribunal composed of a Justice of the Peace and ten freeholders of the Parish of Lafourche. Most Relevant Cases  
State v. Sharp 2 Sneed (TN) 615, Supreme Court of Tennessee (April 01, 1855) 1855 The defendants Seay and Sharp were sued in debt, as sureties of James Turner on his official bond. An execution for $144, in favor of plaintiff's intestate, against John P. Thomas and others, was levied by said constable on two negro slaves as the property of Thomas. It is averred that the constable, contrary to his duty, failed and neglected to... Most Relevant Cases  
State v. Thomas 8 Rich. 295, Court of Appeals of Law of South Carolina (May 01, 1855) 1855 A judge is not bound to order a continuance on the affidavit and other requisites required by the 23d Rule. It is a matter within his discretion. In cases of misdemeanor defendant is not entitled to have his witnesses bound over. Where judgment is arrested a new indictment may be given out on the same warrant. A prosecution for trading with a slave... Most Relevant Cases  
State v. Tom 2 Jones (NC) 414, Supreme Court of North Carolina (August 01, 1855) 1855 In a charge against a person of color for an assault with an intent to commit a rape, it is not necessary in the bill of indictment, to allege that the accused is a male, nor is it necessary to allege that the female assaulted was of the human species. An indictment charging that an assault was made with an intention to ravish, &c.,... Most Relevant Cases  
State v. Woodly 2 Jones (NC) 276, Supreme Court of North Carolina (June 01, 1855) 1855 Every material averment, necessary to constitute a substantive offense, must be charged in the indictment and proved on the trial, by the State. Therefore, where it is alleged in an indictment, that the defendant did carry, convey and conceal a slave, without the consent in writing of the owner of such slave, with the intent he should escape beyond... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Suckley's Adm'r v. Rotchford 12 Gratt. 60, Supreme Court of Appeals of Virginia (January 29, 1855) 1855 1. The act of 5 George 2, ch. 7, § 4, subjecting lands, slaves, & c. in the colonies to payment of debts, was the law of Alexandria county in the District of Columbia from June 24th, 1812. 2. In favor of a judgment creditor of a deceased debtor, his real estate was not merely a secondary fund for the payment of the debt, but the real and... Most Relevant Cases  
Tally v. Thompson 20 Mo. 277, Supreme Court of Missouri (January 01, 1855) 1855 1. Cunningham v. Gray 20 Mo. 170, affirmed. Error to Jackson Circuit Court. Petition by Tally and wife to enjoin the sale under an execution against Tally, of a slave, given to Tally's wife upon her marriage. The marriage took place in 1838. The debt upon which the judgment was rendered was contracted before the marriage. The judgment was rendered... Most Relevant Cases  
Taylor v. Buchan 16 Ga. 541, Supreme Court of Georgia (January 01, 1855) 1855 [1.] A demurrer will lie to a bill which has in it no equity. In Equity, in Washington Superior Court. Hector Buchan and Wm. O. Franklin, as judgment creditors of Morgan Brown, for themselves and other judgment creditors, filed their bill against Charles E. Taylor and the Sheriff, setting forth, that certain negroes of Brown having been levied on... Most Relevant Cases  
Taylor v. Cullins 12 Gratt. 394, Supreme Court of Appeals of Virginia (May 18, 1855) 1855 (Absent ALLEN, P.) 1. The principle of the case of Maria v. Surbaugh, 2 Rand. 228, recognized and enforced. 2. Testator gives all his estate to his two daughters for life, or until they marry; and directs that his slaves whom he names, shall be free on the happening of either event; and he gives them all the property which should then remain. One... Most Relevant Cases  
Taylor v. Embry 16 B.Mon. 340, Court of Appeals of Kentucky (December 07, 1855) 1855 (1.) A slave can not hold property, neither can he take or hold the right of property in any degree. He is incapable of receiving or holding property, or the right of property, under a devise or bequest; and any devise or bequest to him, except that of freedom, is void; so a devise in trust, for the benefit of a slave is also void, for a devise of... Most Relevant Cases  
Taylor v. Wilson 8 Rich. 285, Court of Appeals of Law of South Carolina (May 01, 1855) 1855 The donor conveyed a negro girl to a trustee for the support of H. C., the daughter of my wife, for the term of twenty-one years, then, at the expiration of that term, to be vested in H. C., absolutely. H. C. afterwards married and died before the twenty-one years had expired:Held, that the marital rights of her husband had not... Most Relevant Cases  
Thomas v. De Graffenreid 27 Ala. 651, Supreme Court of Alabama (June 01, 1855) 1855 [QUESTIONS OF EVIDENCE ARISING ON TRIAL OF RIGHT OF PROPERTY IN CERTAIN SLAVES BETWEEN PLAINTIFF IN EXECUTION AND DAUGHTER OF DEFENDANT IN EXECUTION.] APPEAL from the Circuit Court of Benton. Tried before the Hon. ANDREW B. MOORE. Most Relevant Cases  
Thomas v. Henderson 27 Ala. 523, Supreme Court of Alabama (June 01, 1855) 1855 [TRIAL OF THE RIGHT OF PROPERTY IN A SLAVE BETWEEN PLAINTIFF IN EXECUTION AND DAUGHTER OF DEFENDANT IN EXECUTION.] APPEAL from the Circuit Court of Benton. Tried before the Hon. JOHN E. MOORE. Most Relevant Cases  
Thompson v. Young 1 George 17, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 1. RUNAWAY SLAVE.It is the right and duty of every citizen to arrest a runaway slave; and in so doing, if resisted, he may oppose force to force, even to the extent of taking the life of the resistant, if the resistance offered threaten the life, or great personal danger to the captor: but this does not authorize the captor to slay the slave... Most Relevant Cases  
Tompkins v. Tigner 17 Ga. 103, Supreme Court of Georgia (January 01, 1855) 1855 [1.] A hires to B two slaves for a year, and takes B's note for the hire. Before the end of the year, A, without leave from B, takes back one of the negroes. This B pleads as a partial failure of the consideration of the note: Plea held to be good. Complaint, in Marion Superior Court. This was an action on a note for one hundred and seventy-five... Most Relevant Cases  
Tongue v. Crissy 7 Md. 453, Court of Appeals of Maryland (June 01, 1855) 1855 The restrictions in the act of 1796, ch. 67, as to the age at which slaves may be manumitted, are repealed by the act of 1831, ch. 281, and since the passage of the latter act, any slaveholder may manumit his slave of whatever age, and if the slave be unable to maintain himself, and does not remove out of the State, the manumittor or his... Most Relevant Cases  
U S v. Darnaud 3 Wall.Jr.C.C. 143, Circuit Court, ED Pennsylvania (October 01, 1855) 1855 A law of congress (Act of May 15, 1820, c. 113, §§ 4, 5 [3 Stat. 600]), designed for the suppression of the slave trade, enacts by one section, that if any citizen of the United States, being of the crew or ship's company of any foreign vessel, engaged in the slave trade, or any other person whatever, being of the crew or ship's... Most Relevant Cases  
U.S. v. Smidth 27 F.Cas. 1131, Circuit Court, SD New York (January 01, 1855) 1855 Capt. Smidth was convicted at the last term of this court of being employed in the African slave trade, on board the slave brig Julia Moulton. Heard on motion for a new trial. Most Relevant Cases  
U.S. v. Smith 3 Blatchf. 255, Circuit Court, SD New York (February 24, 1855) 1855 This was an indictment against the defendant [James Smith], under the act of congress passed May 15, 1820 (3 Stat. 600), upon a charge of having been engaged in the slave trade, in violation of the provisions of that act. It provides, that any citizen of the United States, being of the crew or ship's company of any foreign ship engaged in the slave... Most Relevant Cases  
Walton v. Olive 7 Cushm. 270, High Court of Errors and Appeals of Mississippi (April 01, 1855) 1855 J. O. was married in the State of Georgia in the year 1822, and in 1828, becoming embarrassed, the most of the negroes in controversy were sold under executions against the said J. O., as his property to satisfy his creditors; and they were purchased by some of his wife's friends in the State of Georgia, and conveyed to a trustee for the sole and... Most Relevant Cases  
Ward v. Harrington 7 Cushm. 238, High Court of Errors and Appeals of Mississippi (April 01, 1855) 1855 C. L. having made his last will and testament, died in the county of H. in the year 1834, and he directed his executors to keep his property together, which consisted of a plantation and slaves, until certain of his children should arrive at full age, and to apply the product or increase of said property to the payment of his just debts and the... Most Relevant Cases  
Watkins' Adm'r v. Pemberton 2 Jones (NC) 174, Supreme Court of North Carolina (June 01, 1855) 1855 The only question presented by the record is, whether an appeal to the superior court could be taken from the order of the county court, and we are clearly of opinion that it could. Those of the next of kin of the plaintiff's intestate who preferred a division of the slaves to a sale of them for partition, by the administrator, were certainly... Most Relevant Cases  
Weatherly v. Miller 2 Jones (NC) 166, Supreme Court of North Carolina (June 01, 1855) 1855 On the trial of the cause below, three grounds of defense were assumed: 1st. That the plaintiff could not maintain the action, as his father, Isaac Weatherby, was a partner with him in the purchase of the slave, and ought to have been joined as a party plaintiff. 2d. That there was no consideration for the promise. 3d. That the plaintiff had given... Most Relevant Cases  
Western v. Pollard 16 B.Mon. 315, Court of Appeals of Kentucky (July 01, 1855) 1855 This action was brought by the owner of a slave to compel the hirer to pay for him on the ground that, by the contract of hiring, the slave was to be employed only in such service as would not expose him to extraordinary danger or risk of health or life, and that, in violation of this agreement of the parties, the hirer had employed him in rafting... Most Relevant Cases  
Wheeler v. Jennings 16 B.Mon. 476, Court of Appeals of Kentucky (December 26, 1855) 1855 The question of most importance in this case is that which involves an inquiry into the validity of the claim asserted by Mrs. Jennings to the slaves Winny and her children. She claims them under a gift from her father, made since the passage of the act of February, 1846, to protect the rights of married women. The creditors of her deceased husband... Most Relevant Cases  
White v. Brown 2 Jones (NC) 403, Supreme Court of North Carolina (August 01, 1855) 1855 A promise to pay for three slaves, ten dollars per month, until we finish our contracts on the Rail Road, is an entire contract, and cannot be recovered upon, unless the slaves were continued until the finishing of the Rail Road contracts. ACTION of DEBT, tried before his Honor, Judge MANLY, at the Spring Term, 1855, of Rowan Superior... Most Relevant Cases  
White v. Harmond 3 Sneed (TN) 322, Supreme Court of Tennessee (December 01, 1855) 1855 This is an action on the case, brought by the plaintiff in the circuit court of Giles county, to recover the value of a slave. There are two counts in the declaration. The first is a common count in trover--and the second a special count in case, averring that the plaintiff had hired the slave, Martin, to the defendant, for the year 1853, and that... Most Relevant Cases  
Whitesides v. Poole 9 Rich. 68, Court of Appeals of Law of South Carolina (November 01, 1855) 1855 Where creditors of a son-in-law seek to subject to their demands a negro which the father-in-law had permitted to go into the son-in-law's possession, it need not appear that the possession of the son-in-law was adverse. In a suit in this State the law of North Carolina must be proved before a question can be made under it. Most Relevant Cases  
William v. State 18 Ga. 356, Supreme Court of Georgia (July 01, 1855) 1855 [1.] For the definition of offences committed by slaves and free persons of color, recourse must be had to the Penal Code of 1833, and not to the Criminal Code of the Common Law. Murder, in Muscogee Superior Court. Bill (a slave) was indicted for the murder of Cæsar, another slave. The evidence showed that both of them were employed about a... Most Relevant Cases  
Williams v. Crum 27 Ala. 468, Supreme Court of Alabama (June 01, 1855) 1855 [TROVER FOR CONVERSION OF A SLAVE.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. NAT. COOK. Most Relevant Cases  
Willis v. Willis 18 Ga. 13, Supreme Court of Georgia (May 01, 1855) 1855 [1.] The only question in this case, requiring more than a moment's consideration, is whether or not there was any evidence which could authorize the charge of the Court to the Jury, that if they should believe that his mother got Tom, her son, (the defendant) to go after her negro to Alabama, simply as her agent, with a promise, on her part, to... Most Relevant Cases  
Wittick v. Traun 27 Ala. 562, Supreme Court of Alabama (June 01, 1855) 1855 [DETINUE UNDER CODE FOR SEVERAL SLAVES.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK. Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Wood v. Humphreys 12 Gratt. 333, Supreme Court of Appeals of Virginia (May 14, 1855) 1855 1. The doctrine of perpetuities applicable to bequests of personal chattels, does not apply to a bequest of freedom to a slave. 2. Testator by his will directs that a female slave Nancy shall be freed at the end of twenty years from his death. And he then directs that if she shall have children whilst she continues in servitude, the children... Most Relevant Cases  
Woods v. Howell 17 Ga. 495, Supreme Court of Georgia (April 01, 1855) 1855 [1.] An action brought for the recovery of negro slaves, being an action for a wrong which has benefited the estate of the wrong-doer, does not abate by the death of the defendant. [2.] The 12th section of the Judiciary Act of 1799, does not command, that where the defendant shall die, the plaintiff shall sue out scire facias instantly, upon the... Most Relevant Cases  
Woodward v. Donally 27 Ala. 198, Supreme Court of Alabama (June 01, 1855) 1855 [DETINUE BY INFANT FOR SLAVES SOLD BY HIS GUARDIAN.] APPEAL from the Circuit Court of Franklin. Tried before the Hon. THOMAS A. WALKER. Most Relevant Cases  
Woodward v. State 6 Ind. 492, Supreme Court of Indiana (June 16, 1855) 1855 Woodward was indicted for an assault and battery with intent to murder. He is a colored man, and the assault and battery charged was upon a white man. On his trial he offered a colored man as a witness in his behalf, but the Court refused to hear the witness testify. The statute on the subject is as follows: No Indian, or person having one-eighth... Most Relevant Cases  
Worsley's Ex'r v. Worsley 16 B.Mon. 455, Court of Appeals of Kentucky (January 01, 1855) 1855 In November, 1846, William W. Worsley conveyed to a trustee, for the separate use and benefit of his wife, Rebecca Worsley, a house and lot in the city of Louisville, and also several slaves. He subsequently, in the month of June, 1847, made a will, which after his death in 1852, was proved and admitted to record. His wife Rebecca, who survived... Most Relevant Cases  
Young v. Cook 1 George 320, High Court of Errors and Appeals of Mississippi (December 01, 1855) 1855 1. SPECIFIC LEGACY: ACTION FOR.-An action at law may be maintained for a specific legacy of a slave, and so, for the proceeds, if the slave be converted into money, under a power vested in the executor by the will. 2. STATUTE OF LIMITATIONS: SPECIFIC LEGACY.-The Statute of Limitations will run in favor of an executor, against the claim of a... Most Relevant Cases  
Young v. Shumate 3 Sneed (TN) 369, Supreme Court of Tennessee (December 01, 1855) 1855 This was a petition filed in the county court of Davidson. The petitioner seeks to be discharged from his purchase of a slave, made under a decree of said court, and to have the obligation given by him for purchase-money surrendered up and cancelled. The ground alleged in the petition for this relief is the fraudulent concealment of the unsoundness... Most Relevant Cases  
Zemp v. Wilmington & M.R. Co. 9 Rich. 84, Court of Appeals of Law of South Carolina (November 01, 1855) 1855 Case for injury to a passenger on a railroad car. Plaintiff, when the accident occurred, was standing on the front platform of the rear car. Witnesses testified, that plaintiff said, shortly after the accident, that the injury arose from his own fault-that he was to blame for being in an improper place: Held, that this testimony was properly left... Most Relevant Cases  
Zuntz v. Cornen 10 La.Ann. 433, Supreme Court of Louisiana (June 01, 1855) 1855 Appeal from the District Court of the Parish of Plaquemines, Rousseau, J. Most Relevant Cases  
Adams v. Dixon 19 Ga. 513, Supreme Court of Georgia (February 01, 1856) 1856 Complainant's testator, amongst other things, bequeathed to his wife and three brothers all his negroes, to be equally divided among them. After the probate of the will, and the qualification of complainant as executor, he was sued, in an action of trover, by John Dickson, as administrator of Elizabeth Fielding, deceased, a former wife of the... Most Relevant Cases  
Albertson v. Goldsby 28 Ala. 711, Supreme Court of Alabama (January 01, 1856) 1856 [TRIAL OF RIGHT OF PROPERTY IN SLAVES, BETWEEN PLAINTIFFS IN EXECUTION AND JUNIOR MORTGAGEE OF DEFENDANT IN EXECUTION.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. ANDREW B. MOORE. Most Relevant Cases  
Anderson v. Poindexter 6 Ohio St. 622, Supreme Court of Ohio (December 01, 1856) 1856 Neither Ohio nor Kentucky can demand an abrogation of the constitution and municipal laws of the other, as a matter of comity; and if a person claimed as a slave in Kentucky comes into Ohio by the direction or consent of his owner, to perform for him menial services here, even temporarily, the constitution and laws of Ohio operate on the condition... Most Relevant Cases  
Anthony v. State 29 Ala. 27, Supreme Court of Alabama (June 01, 1856) 1856 [INDICTMENT AGAINST SLAVE FOR ATTEMPTING TO POISON WHITE PERSON.] FROM the Circuit Court of Barbour. Tried before the Hon. EDMUND W. PETTUS. Most Relevant Cases  
Apple v. Allen 3 Jones Eq. 120, Supreme Court of North Carolina (December 01, 1856) 1856 1. Where an estate in slaves and other chattels is limited in remainder after the expiration of a life-estate, an executor may safely deliver the property to the life-owner without qualifying his assent. The ulterior devisee who fears the removal of the property, can protect his interest by applying to the courts of equity. 2. The words for... Most Relevant Cases  
Armstrong's v. Adm'r v. Pitts 13 Gratt. 235, Supreme Court of Appeals of Virginia (March 08, 1856) 1856 (Absent ALLEN, P.) 1. Testator devises land and negroes to trustees for the use and benefit of his son A during his life, with the privilege that he may reside on said farm and have the use of said negroes so far as may be necessary for his support and maintenance, and for the support and maintenance of his family; and at his death the property to... Most Relevant Cases  
Arnold v. McNeill 17 Ark. 179, Supreme Court of Arkansas (January 01, 1856) 1856 This was an action of replevin, in the detinet, brought by Rufus E. Arnold, and wife Mildred M. and by Arnold, as guardian of Joel, Samuel, and Malcom McNeill Burke, minors, in the Dallas circuit court, against Hector McNeill, for the recovery of a girl slave named Louisa. The writ was executed upon defendant, but returned not found as to the slave... Most Relevant Cases  
Atwood's Adm'r v. Wright 29 Ala. 346, Supreme Court of Alabama (June 01, 1856) 1856 [ACTION ON NOTE GIVEN FOR PURCHASE MONEY OF SLAVE AT PUBLIC SALE BY ADMINISTRATOR--COMPETENCY OF WITNESS--MISREPRESENTATIONS BY AUCTIONEER.] APPEAL from the Circuit Court of Wilcox. Tried before the Hon. NAT. COOK. Most Relevant Cases  
Babb v. Harrison 9 Rich.Eq. 111, Court of Appeals of Equity of South Carolina (November 01, 1856) 1856 An instrument, in form a deed, by which a mother made, gave and bequeathed, two slaves, to her son, to go into his possession at her death: Held, upon construction of the whole instrument, to be testamentary, and not a deed; and, there being but two subscribing witnesses, that it was void. Most Relevant Cases  
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