TitleCitationYearSummaryMost RelevantTypeStatus
Barksdale v. Appleberry 23 Mo. 389, Supreme Court of Missouri (October 01, 1856) 1856 This is a suit in the nature of an action of detinue for recovery of a slave. The plaintiff alleges that she was the owner of the slave; that defendant got possession of him, and refused to deliver him to her, and that he wrongfully detains him to her damage, and prays for delivery of the slave or the value. An order for delivery was made. The... Most Relevant Cases  
Barksdale v. Elam 1 George 694, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 1. CONDITION, ILLEGAL: HOW IT AFFECTS A CONTRACT.-A. sold to B. two slaves, upon the condition that B. would, after A.'s death, support and maintain another slave of A.'s, as a free white person, and permit the slave to enjoy the use and benefit of her own labor; and if A.'s heirs objected to this, that B. should, nevertheless, have the two slaves.... Most Relevant Cases  
Barkshire v. State 7 Ind. 389, Supreme Court of Indiana (May 01, 1856) 1856 This was a proceeding by complaint against Barkshire, for bringing a negro woman into this state in June, 1854, and harboring her here, in contravention of the constitution and laws of Indiana. Trial by the Court, finding guilty, and fine 10 dollars. Barkshire appeals. The facts agreed upon by the parties are briefry these: That Arthur Barkshire,... Most Relevant Cases  
Barlow v. Lambert 28 Ala. 704, Supreme Court of Alabama (January 01, 1856) 1856 [ACTION ON NOTE GIVEN FOR THE HIRE OF A SLAVE.] APPEAL from the Circuit Court of Mobile. Tried before the Hon. C. W. RAPIER. Most Relevant Cases  
Barnes v. Edward 17 B.Mon. 632, Court of Appeals of Kentucky (January 01, 1856) 1856 The instrument alleged to be the last will and testament of Zera Wilcox, deceased, was made in the county of Nelson, where he lived and died. After his death this suit was brought by Edward in the Larue circuit court to establish his freedom, claimed in virtue of said alleged last will and testament. The will had never been proved and recorded in... Most Relevant Cases  
Barnes v. Gorman & Ling 9 Rich. 297, Court of Appeals of Law of South Carolina (January 01, 1856) 1856 An instrument in the form of a promissory note by which defendant promised to pay plaintiff one hundred and fifty dollars, for the hire of negro fellow, G.; said negro to be furnished with the usual quantity of clothing, is not a promissory note within the Statute of Anne. Plaintiff declared upon such an instrument as a... Most Relevant Cases  
Barwick v. Wood 3 Jones (NC) 306, Supreme Court of North Carolina (June 01, 1856) 1856 Where both plaintiff and defendant claim under the same person, neither can be heard to deny that person's title, and neither can take any thing by showing an outstanding paramount title, unless he has procured that title, or can in some way connect himself with the true owner. One who has a remainder in slaves in right of his wife after a... Most Relevant Cases  
Bates v. Cotton 3 George 266, High Court of Errors and Appeals of Mississippi (October 01, 1856) 1856 HUSBAND AND WIFE: WHO ENTITLED TO SUCCEED TO DECEASED WIFE'S ESTATE, HELD UNDER THE ACT OF 1839.-The children of a feme covert, being the issue of a marriage during which she acquired a separate estate in slaves, under the Act of 1839, are not entitled upon her death to succeed thereto to the exclusion of her children by a former marriage; all her... Most Relevant Cases  
Batten v. Faulk 4 Jones (NC) 233, Supreme Court of North Carolina (December 01, 1856) 1856 A bond given by a slave, with a freeman as surety, is against the policy of the country, and void as to both. ACTION of DEBT, tried before SAUNDERS, Judge, at the Fall Term, 1856, of Johnston Superior Court. The action was originally commenced before a single justice of the peace, and brought to this Court by successive appeals. The plaintiff... Most Relevant Cases  
Baxter v. Stewart 4 Sneed (TN) 213, Supreme Court of Tennessee (December 01, 1856) 1856 This was an action of debt, brought upon the following obligation and endorsement: $2,000. On or before the 25th day of December next, I promise to pay Theodore Baxter the sum of two thousand dollars for the hire of the following negro men (naming them, twenty-two in number); and I bind myself to give them the iron-works clothing.... Most Relevant Cases  
Beeson v. Wiley 28 Ala. 575, Supreme Court of Alabama (January 01, 1856) 1856 [TRIAL OF RIGHT OF PROPERTY IN SLAVE.] APPEAL from the Circuit Court of Blount. Tried before the Hon. EDMUND W. PETTUS. Most Relevant Cases  
Bell v. Jones 10 Md. 322, Court of Appeals of Maryland (December 01, 1856) 1856 The act of 1796, ch. 67, sec. 27, provides, that where a petition for freedom is filed and dismissed, and a second petition filed by the same party, the court shall order a stay of all proceedings in the second case, until the costs of the former petition, and all reasonable damages and expenses, sustained or incurred by the master,... Most Relevant Cases  
Bill v. State 29 Ala. 34, Supreme Court of Alabama (June 01, 1856) 1856 [INDICTMENT AGAINST SLAVE FOR MURDER OF ANOTHER SLAVE.] FROM the Circuit Court of Coffee. Tried before the Hon. E. W. PETTUS. Most Relevant Cases  
Bob v. State 29 Ala. 20, Supreme Court of Alabama (June 01, 1856) 1856 [INDICTMENT AGAINST SLAVE FOR MURDER OF WHITE PERSON.] FROM the Circuit Court of Barbour. Tried before the Hon. E. W. PETTUS. Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Bohannon v. Madison 2 George 348, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 The purchaser of a slave from an executor cannot avoid the payment of the purchase-money therefor, upon the ground that the sale was illegal and void, and that he derived no title, unless he instantly return, or offer to return the property to the possession of the executor. Most Relevant Cases  
Bomford v. Grimes 17 Ark. 567, Supreme Court of Arkansas (January 01, 1856) 1856 The estate of a deceased person, in the hands of his administrator, is not liable to pay for medical services rendered to the family of the deceased after his death. It is the right, and duty of an administrator to employ medical attendance for the slaves of the deceased, in his possession, when sick; and it would be the duty of the probate court... Most Relevant Cases  
Bone v. State 18 Ark. 109, Supreme Court of Arkansas (July 01, 1856) 1856 Slaves are indictable for an assault and battery, under the constitution and laws of this State. Where slaves are guilty of offenses against the persons or property of individuals, less than felony, they are not indictable, under the statute, until the master has had an opportunity to compound with the injured party, and refuses or neglects to do... Most Relevant Cases  
Booker v. Booker 20 Ga. 786, Supreme Court of Georgia (November 01, 1856) 1856 [1.] Which of the two instruments, dated the 17th of September, 1851, did the testator refer to in the third item of his will? That he referred to one or the other of the two, hardly admits of a doubt. The subject of one of those instruments is personalty-only negroes; the subject of the other is both realty and personalty-land, mules or horses,... Most Relevant Cases  
Boxly v. McKay 4 Sneed (TN) 286, Supreme Court of Tennessee (December 01, 1856) 1856 This bill was brought on the 6th of August, 1855, by the complainant as administrator to the estate of Sarah Wade, deceased, to recover from the defendant Weatherly certain slaves in his possession, fraudulently conveyed by his intestate in her lifetime, to the end that said slaves might be subjected to the payment of debts alleged to be due from... Most Relevant Cases  
Boyd v. Small 3 Jones Eq. 39, Supreme Court of North Carolina (December 01, 1856) 1856 A woman, in contemplation of marriage, conveyed land and slaves in trust for her sole and separate use, with power to dispose of the same by will or deed, and in default of such disposition, then to her issue, and in default of issue, then to her heirs-at-law and distributees; she dies without having disposed of the property and without issue;... Most Relevant Cases  
Britton v. Lewis 8 Rich.Eq. 271, Court of Appeals of Equity of South Carolina (May 01, 1856) 1856 Bill against his administrator to set aside a sale of negroes made by an executor, on the ground that the executor was himself the purchaser at the sale, and for his own benefit. The answer of the administrator denied that the executor was the purchaser at the sale; and the evidence was, that the possession of the negroes was never changed, but... Most Relevant Cases  
Brooks v. Cook 20 Ga. 87, Supreme Court of Georgia (June 01, 1856) 1856 [1.] In the absence of a special contract to the contrary, the hirer of a slave is bound to furnish all necessary attendance and nursing to the slave, when sick. [2.] In an action to recover the hire of a slave, the defendant cannot set off a physician's account for attending the slave when sick, though the owner may be liable therefor, unless he... Most Relevant Cases  
Brown v. Brown 4 Jones (NC) 123, Supreme Court of North Carolina (December 01, 1856) 1856 A provision in a bond to submit to certain arbitrators the division and settlement of our father's estate, necessarily involves the inquiry, what constitutes that estate. An award, therefore, that a certain slave, claimed by the executor in his own right, should be sold, and the money distributed among all the parties to the submission, was... Most Relevant Cases  
Brown v. Godsey 2 Jones Eq. 417, Supreme Court of North Carolina (June 01, 1856) 1856 The plaintiff alleges that the defendant Thomas Lytle, being insolvent, sold all of his slaves for cash, and placed the money, or the greater part of it, in the hands of his children, with a view to assist them, and benefit himself, and thereby to defraud his creditors; that, among other gifts of money, he made one to his daughter, the defendant... Most Relevant Cases  
Brunson v. Martin 17 Ark. 270, Supreme Court of Arkansas (January 01, 1856) 1856 Where a defendant elects to use his claim against the plaintiff for damages, by way of recoupment, he cannot have a balance found in his favor, as in case of set-off. To an action by an overseer and manager of a plantation and negroes for his wages as such, the employer may recoup any damages he may have sustained by an imperfect performance of the... Most Relevant Cases  
Bryan v. Weems 29 Ala. 423, Supreme Court of Alabama (June 01, 1856) 1856 [BILL IN EQUITY FOR PARTITION OF SLAVES, ACCOUNT OF HIRE, &C.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK. Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Bugg v. Franklin 4 Sneed (TN) 129, Supreme Court of Tennessee (December 01, 1856) 1856 This bill is filed to recover several slaves in the hands of the various defendants, vendees of the husband of complainant, and one Thrower, her son-in-law, or those claiming under such sales. These are the facts: Richard B. Taylor, the first husband of complainant, died in Mecklenburg county, Virginia, in 1801, leaving a will containing this... Most Relevant Cases  
Burt v. Bobo 4 Sneed (TN) 234, Supreme Court of Tennessee (December 01, 1856) 1856 This is an action of replevin for a negro, brought by the defendant in error against the plaintiff in error, who relies upon the defence that he seized the slave under an execution in his hands, as a special deputy under the high sheriff, James M. Johnson, in favor of G. P. Steel v. C. D. Steel. The execution and deputation were objected to as... Most Relevant Cases  
Burton v. Holley 29 Ala. 318, Supreme Court of Alabama (June 01, 1856) 1856 [ACTION TO RECOVER DAMAGES FOR WRONGFUL TAKING AND WITHHOLDING OF SLAVES.] APPEAL from the Circuit Court of Greene. Tried before the Hon. NAT. COOK. Most Relevant Cases  
Burton v. Yeldell 9 Rich.Eq. 9, Court of Appeals of Equity of South Carolina (November 01, 1856) 1856 Testator directed his estate to be sold on credit, and the proceeds he bequeathed to his daughter for life, to her sole and separate use, free from the control of her husband, with remainder to her lineal descendants; and he appointed his executors, trustees of his daughter. On bill filed by the daughter, her husband and their children, to prevent... Most Relevant Cases  
Byrd's Adm'r v. Belding's Heirs 18 Ark. 118, Supreme Court of Arkansas (July 01, 1856) 1856 In order to charge the heirs and legal representatives, by decree of a court of chancery, with the debts of their father, it is incumbent on the complainant, first, to establish his demand against their father; and then make it appear that lands or slaves had descended, or assets been distributed to them from their father's estate, which were... Most Relevant Cases  
Cabaniss v. Clark 2 George 423, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 1. PARTNERS: LIEN.If one of several co-partners purchase a slave in his own name, and with his own means, except about one-sixth of the price, which was paid out of the partnership funds, and permit the slave to be used about the firm business, and under their management and control, without any charge against the firm therefor, the slave... Most Relevant Cases  
Campbell v. Kinlock 9 Rich. 300, Court of Appeals of Law of South Carolina (January 01, 1856) 1856 M. being about to offer a negro, Joe, for sale, G. K., as her agent, certified in writing that Joe was an excellent bread and cake baker, that he was sold to change the investment, and that his lowest price was $800. Plaintiff became the purchaser. Joe was unsound at the time within the knowledge of G. K., and died shortly afterwards. In an action... Most Relevant Cases  
Carroll v. Hancock 3 Jones (NC) 471, Supreme Court of North Carolina (June 01, 1856) 1856 A negro woman is bequeathed to A for life, and then to B, and her heirs for forever. The increase of the woman, if she has any, is bequeathed to the daughters of B, after her death. The woman has six children after the death of the testator; A dies, and B dies, leaving her surviving six daughters; one of them dies, her administrator claims to... Most Relevant Cases  
Carson v. Kennerly 8 Rich.Eq. 259, Court of Appeals of Equity of South Carolina (May 01, 1856) 1856 Testator, having a wife and three children, bequeathed to each of them, by separate clauses of his will, certain negroes, in terms which would carry an absolute estate. By another clause he declared as follows: I desire that all of the above legacies to continue to the legatees during their natural lives:- and if any of them should die without... Most Relevant Cases  
Carter v. Marks 17 Tex. 539, Supreme Court of Texas (January 01, 1856) 1856 Where the defendant in a suit on a promissory note pleaded that he was, at the commencement of the suit, a free negro man, descendant of African parents, and not competent or able to contract or be sued, it was held, on demurrer, that if it were admitted that a free negro, immigrating to Texas, cannot sue or be sued (except for his freedom), and is... Most Relevant Cases  
Carter v. Streator 4 Jones (NC) 62, Supreme Court of North Carolina (December 01, 1856) 1856 One's agreement to work with his own slave for another by the day, gives the employer no interest in the slave to entitle him to bring an action, or to deprive the owner of a right of action, for taking away the slave while so employed. In trespass or trover the defendant cannot, for the purpose of diminishing the damages, avail himself of anything... Most Relevant Cases  
Case v. Jennings 17 Tex. 661, Supreme Court of Texas (January 01, 1856) 1856 Where it was proved that A had authority from B to sell a slave, and it was also proved that A afterwards setting up a claim to the property as his own, or upon some claim of unsettled accounts with B, ran the slave off and sold her, with a view to appropriate the proceeds to himself, it was held that the fraudulent conduct of A worked a revocation... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Cheek v. Wheatley 3 Sneed (TN) 484, Supreme Court of Tennessee (April 01, 1856) 1856 This case presents a novel state of facts. The declaration is in trover, for the supposed conversion of a slave, named Henry, alleged to be the property of Wheatley, as administrator de bonis non of the estate of one Simmons. Verdict and judgment were for the plaintiff for $351.10, and the defendant, Cheek, appealed in error. It appears from the... Most Relevant Cases  
Clark v. Hull 2 George 520, High Court of Errors and Appeals of Mississippi (October 01, 1856) 1856 1. EXECUTOR AND ADMINISTRATOR: LIABILITY OF, IN SUITS REVIVED AGAINST THEM.- If a bill be filed for the recovery of slaves, to which the defendant claimed title, and pending the litigation the defendant died, and thereupon the suit was revived against his administrator, who kept possession of the slaves, and defended the suit in his representative... Most Relevant Cases  
Clayton v. Tucker 20 Ga. 452, Supreme Court of Georgia (June 01, 1856) 1856 [1.] A B covenanted with a mother and her two children to stand seized of certain slaves to their use. Afterwards, the mother married a second husband and survived him. After his death, she was sued as his executor of her own wrong, in respect to these slaves. On the trial, the plaintiff offered evidence to prove that A B was insolvent when he made... Most Relevant Cases  
Cole v. Cole's Adm'r 17 Tex. 4, Supreme Court of Texas (January 01, 1856) 1856 This was a suit for the recovery of a female slave. The titles were not set out in the pleadings. The plaintiff (appellee in this court) at the trial introduced a bill of sale from the defendant and one Douglass to his intestate, dated in August, 1842. There was proof for and against the genuineness of the signatures to this document. The plaintiff... Most Relevant Cases  
Collett v. Frazier 3 Jones Eq. 80, Supreme Court of North Carolina (December 01, 1856) 1856 We do not find any such contradiction between the allegations in the original and amended bill, as is insisted on by the counsel for the defendant. There are, indeed, some omissions in the original which are supplied by the statements in the amended bill; for instance, in the original bill the slaves in which the plaintiff sets up an interest under... Most Relevant Cases  
Corley v. State 28 Ala. 22, Supreme Court of Alabama (January 01, 1856) 1856 [INDICTMENT FOR TRADING WITH SLAVE WITHOUT MASTER'S CONSENT.] FROM the Circuit Court of Bibb. Tried before the Hon. GEO. D. SHORTRIDGE. Most Relevant Cases  
Covington v. Arrington 3 George 144, High Court of Errors and Appeals of Mississippi (October 01, 1856) 1856 1. WRIT OF ERROR: ALLOWABLE TO REVISE JUDGMENT ON WRIT OF HABEAS CORPUS IN CIVIL CASES.That a writ of error will lie to the judgment of a circuit judge, rendered in vacation on the trial of a writ of habeas corpus for the recovery of the possession of slaves, has been settled by this court, and it being merely a question of practice, is not... Most Relevant Cases  
Crook v. Garrett 20 Ga. 664, Supreme Court of Georgia (August 01, 1856) 1856 [1.] If a hired slave become sick during the year, and the owner consent to take him home, that he may be better attended to, or to relieve the hirer from the trouble and expense of keeping the negro, this does not amount to a rescission of the contract, so as to relieve the hirer from the year's hire: Aliter, if the understanding and intention... Most Relevant Cases  
Crum v. Williams 29 Ala. 446, Supreme Court of Alabama (June 01, 1856) 1856 [TROVER BY ADMINISTRATOR AGAINST BAILEE OF WIDOW FOR CONVERSION OF SLAVE.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. NAT. COOK. Most Relevant Cases  
Davis v. Wood 17 B.Mon. 86, Court of Appeals of Kentucky (July 01, 1856) 1856 Matilda Davis and some twenty others, persons of color, claiming to be the descendants of Beck, formerly the property of Thomas Davis, filed this petition to assert and establish their freedom against Wood and others, holding them in bondage. It is admitted that Beck was the property of Thomas Davis at his death, and that she died in 1819 or 1820.... Most Relevant Cases  
Deloach v. Turner 9 Rich. 181, Court of Appeals of Law of South Carolina (January 01, 1856) 1856 A former recovery held to be no bar to a second action for the price of a negro sold, it appearing that the sale took place after the writ in the first action was issued, and that the consideration of the sale of the negro was in fact withheld from the jury by the Judge at the trial of the first action, there being in that case other causes of... Most Relevant Cases  
Doty v. Moore 16 Tex. 591, Supreme Court of Texas (January 01, 1856) 1856 The confessions of a slave are not evidence in a suit against the master, on a contract of hiring, for injury caused by the wrongful act of a slave. Where service is by publication, judgment by default does not dispense with proof of the material facts alleged in the petition. Where service has been made by publication, and the trial ex parte, it... Most Relevant Cases  
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