TitleCitationYearSummaryMost RelevantTypeStatus
Drew v. Clemmons 2 Jones Eq. 312, Supreme Court of North Carolina (June 01, 1856) 1856 The bill is filed for the partition of certain slaves. It alleges that the plaintiffs are tenants in common of the slaves mentioned, by virtue of a marriage settlement made between the defendant, Timothy Clemmons, and one Unity Gilbert, whereby the slaves were conveyed to the said Unity during her life, and after her death, to the children of the... Most Relevant Cases  
Edwards v. Woolfolk's Adm'r 17 B.Mon. 376, Court of Appeals of Kentucky (July 01, 1856) 1856 This action was brought by the children and grandchildren of Elizabeth Edwards, deceased, against Woolfolk's administrator, to recover several slaves which he had in his possession. The plaintiffs claimed title to the slaves, under a deed of trust, which purported to have been made in July, 1825, by John Edwards, James M. Edwards, and Lydia... Most Relevant Cases  
Ellis v. Woods 9 Rich.Eq. 19, Court of Appeals of Equity of South Carolina (November 01, 1856) 1856 Testatrix bequeathed to her daughter M. A., a negro girl, to be hers and hers only, during her natural life, and at her death to be equally divided among the issue of her body, and not to be subject to the debts of her husband or any other person:Held, that M. A. took a separate estate in the negro girl; and, upon her... Most Relevant Cases  
Elmore v. Mustin 28 Ala. 309, Supreme Court of Alabama (January 01, 1856) 1856 [DETINUE FOR SEVERAL SLAVES BY INFANTS CLAIMING UNDER DEED OF GIFT AGAINST ADMINISTRATOR OF DONOR.] APPEAL from the Circuit Court of Pickens. Tried before the Hon. E. W. PETTUS. Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Evans v. Mills 16 Tex. 196, Supreme Court of Texas (January 01, 1856) 1856 Suit by Sarah Mills, in Walker county, for the recovery of a female slave, alleging that she was lawfully possessed thereof as her own property in Walker county, and that the defendants, William Youngblood and William F. Evans, the former residing in Trinity and the latter in Polk county, Texas, unlawfully and forcibly took said negro out of her... Most Relevant Cases  
Fatheree v. Fletcher 2 George 265, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 1. STATUTE OF LIMITATIONS: HUSBAND AND WIFE.The right of a feme covert to recover her slaves is not barred by three years adverse possession, in this State. 2. HUSBAND AND WIFE: ADVANCEMENT: TRUSTS.If the husband purchase property in the name of his wife, with his own means, it will be treated as an advancement to the wife; she being... Most Relevant Cases  
Fearn v. Shirley 2 George 301, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 1. STATUTE OF LIMITATIONS: FEMES COVERT: INFANTS.-The right of femes covert and infants, who are the equitable owners of slaves, are not barred by reason of the failure of the trustee, in whom the legal title is vested, to institute suit for their recovery, until after the lapse of the period prescribed by the Statute of Limitations. Their rights... Most Relevant Cases  
Ford v. Dangerfield 8 Rich.Eq. 95, Court of Appeals of Equity of South Carolina (January 01, 1856) 1856 Testator, who died in 1836, bequeathed certain slaves to J. R., in trust nevertheless, and for this purpose only, that the said J. R. do permit and suffer said slaves to apply their time and labor to their own proper use and behoof, without the intermeddling or interference of any person or persons whomsoever, further than may be necessary... Most Relevant Cases  
Fralick v. Presley 29 Ala. 457, Supreme Court of Alabama (June 01, 1856) 1856 [DETINUE FOR SLAVE--EXAMINATION OF WITNESS--EVIDENCE--DAMAGES.] APPEAL from the Circuit Court of Autauga. Tried before the Hon. ANDREW B. MOORE. Most Relevant Cases  
Freeman v. Tucker 20 Ga. 6, Supreme Court of Georgia (May 01, 1856) 1856 This bill was filed by the complainants against the defendant, as administratrix of Harper Tucker, deceased, praying an account of his acts and doings as guardian of Mrs. Freeman. The intestate was appointed her guardian in 1847. The bill is in the usual form for bills for account, with additional special charges, that the expenditures of the... Most Relevant Cases  
Friley v. White 2 George 442, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 HUSBAND AND WIFE: HUSBAND'S RIGHT TO WIFE'S SLAVES UNDER THE ACT OF 1839.The husband has a right to make a contract to part with the possession of the slaves of the wife, held by her under the Act of 1839; and such a contract will be binding on the wife during coverture; and hence, the right of the wife to sue in replevin for the recovery of... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Fulenwider v. Poston 3 Jones (NC) 528, Supreme Court of North Carolina (August 01, 1856) 1856 Where the seller of a slave refuses to insert a warranty of soundness in a bill of sale, but is willing to warrant the title, and a neighbor informs the buyer that the negro is unsound, the symptoms being not hidden or hard to discover, the maxim of caveat emptor applies; and it was error in the Judge below to make the case turn on the question... Most Relevant Cases  
Gadsden v. Raysor 9 Rich. 276, Court of Appeals of Law of South Carolina (January 01, 1856) 1856 In an action to recover damages for breach of a warranty of soundness of a negro, who died shortly after the sale, of some disease alleged to be of a vital organ, Held, that the Judge properly directed the jury to inquire whether the disease existed in a formed state at the time of the sale. A disease of any sort, if easily removed, but by neglect... Most Relevant Cases  
Gaines v. Ann 17 Tex. 211, Supreme Court of Texas (January 01, 1856) 1856 Where the plaintiff sued for the recovery of a slave, and obtained a writ of sequestration, and the defendant, before answering, suggested that the alleged slave was a free white person, and prayed that a writ of habeas corpus issue and that a guardian ad litem be appointed, which prayer was granted, and the main suit continued to await the issue... Most Relevant Cases  
Garland v. Stewart 2 George 314, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 1. SALE OF PERSONAL PROPERTY.S. and Y. proposed to G. to sell him a slave, which was at the time unsound, at a reduced price, to be paid by the draft of G. accepted by a third person, having twelve months to run, to which G. assented; the slave being too unwell to be removed at that time, S. and Y. agreed that she might remain with them... Most Relevant Cases  
Garrett v. Rhame 9 Rich. 407, Court of Appeals of Law of South Carolina (May 01, 1856) 1856 If one not a creditor, bona fide purchases a chattel at sheriff's sale, and permits it to return into the debtor's possession, such possession is no fraud upon the creditors of the debtor. R., not a creditor, purchased a negro at sheriff's sale, and permitted him to return immediately into the possession of G., the debtor. G. afterwards refunded... Most Relevant Cases  
Gillespie's Adm'r v. Burleson 28 Ala. 551, Supreme Court of Alabama (January 01, 1856) 1856 [DETINUE FOR SEVERAL SLAVES BY HUSBAND'S ADMINISTRATOR AGAINST VENDEE OF SURVIVING WIDOW.] APPEAL from the Circuit Court of Morgan. Tried before the Hon. JOHN E. MOORE. Most Relevant Cases  
Gordon v. Wilson 4 Jones (NC) 64, Supreme Court of North Carolina (December 01, 1856) 1856 A deed conveying slaves as a gift, but reserving enough of the hire of the said slaves comfortably to support the donor, is not a deed in trust, but a deed of gift, and is not required to be registered within six months. The Act of 1854, ch, 19, extending the time for registering deeds of gift to two years, applies to one executed... Most Relevant Cases  
Grant v. Moseley 29 Ala. 302, Supreme Court of Alabama (June 01, 1856) 1856 [CASE AGAINST PART OWNER OF STEAMBOAT TO RECOVER DAMAGES FOR LOSS OF SLAVE DROWNED BY NEGLIGENCE OF DEFENDANT'S SERVANTS.] APPEAL from the Circuit Court of Mobile. Tried before the Hon. C. W. RAPIER. Most Relevant Cases  
Grumbles v. Grumbles 17 Tex. 472, Supreme Court of Texas (January 01, 1856) 1856 This was a suit brought by the appellee against the appellants to recover two negro slaves. The substance of the evidence, as contained in the statement of the facts, shows that in 1838, in the state of Alabama, the appellant, Benjamin Grumbles, sold and conveyed the two slaves, with some others, to Edward Grumbles, for the consideration as set... Most Relevant Cases  
Gulledge v. Berry 2 George 346, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 1. EXECUTOR: RIGHT TO COMPOUND DEBTS.-An executor or administrator has the power to compound and settle debts due the estate, in cases where it is shown that such course was beneficial, and free from fraud, negligence, or misconduct. See Baily v. Dilworth, 10 S. & M. 409. 2. SAME: WHAT A GOOD PAYMENT TO.-The power vested by law in an administrator... Most Relevant Cases  
Gully v. Hull 2 George 20, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 1. HUSBAND AND WIFE: PARAPHERNAL PROPERTY.The jewelry and furniture of the wife are paraphernal property, and may be sold by her, and the proceeds invested in slaves, in the name of a trustee, for her separate use. 2. TRUSTEE: ESTATE OF.A trustee of the bare legal title, for the purpose of protecting the property of the wife from the... Most Relevant Cases  
Gwynn v. Setzer 3 Jones (NC) 382, Supreme Court of North Carolina (June 01, 1856) 1856 To entitle himself to recover in his action for a deceit, the plaintiff was bound to prove that the defendant had sold him the slave in question. The sale might have been made in either of two ways, by a bill of sale, or, by a parol sale, accompanied with the actual delivery of the slave. Rev. Stat. ch. 37, sec. 19; Choat v. Wright, 2 Dev. 289;... Most Relevant Cases  
Hagerty v. Harwell 16 Tex. 663, Supreme Court of Texas (January 01, 1856) 1856 It seems that the first clause of the following statutory provision (Hart. Dig. art. 855), that on and after the day on which the action for a divorce shall be brought, it shall not be lawful for the husband to contract any debts on account of the community, nor to dispose of the land or slaves belonging to the same; and any alienation made by him... Most Relevant Cases  
Hair v. Avery 28 Ala. 267, Supreme Court of Alabama (January 01, 1856) 1856 [BILL IN EQUITY FOR DIVISION AND ACCOUNT OF SLAVES, BY CHILDREN CLAIMING UNDER WILL OF MATERNAL GRANDFATHER, AGAINST PURCHASER AT EXECUTION SALE AGAINST THEIR FATHER.] APPEAL from the Chancery Court of Greene. Heard before the Hon. JAMES B. CLARK. Most Relevant Cases  
Hall v. Dickey 3 George 208, High Court of Errors and Appeals of Mississippi (October 01, 1856) 1856 1. SLAVES: PAROL GIFT OF IN NORTH CAROLINA VOID: STATUTE OF LIMITATIONS.A parol gift of a slave, by the law of North Carolina, is void and amounts in law to a mere bailment of the slave to the donee; and the Statute of Limitations will not commence running against an action for the recovery of the slave by the donor, until the donee sets up... Most Relevant Cases  
Harris v. Taylor 3 Sneed (TN) 536, Supreme Court of Tennessee (April 01, 1856) 1856 This suit was commenced by attachment against Harris and wife jointly. The writ of attachment was returned by the sheriff, levied upon two slaves, Eliza and her child. The declaration is in assumpsit against both husband and wife, upon a joint promise by them to pay the plaintiff $500 for his services as a surgeon, rendered to the wife during... Most Relevant Cases  
Haughton v. Benbury 2 Jones Eq. 337, Supreme Court of North Carolina (June 01, 1856) 1856 It is well settled, that a Court of Equity will protect the interest of one entitled to a limitation over in slaves, after the termination of a life-estate. If the party is vigilant, and makes application before the slaves are carried out of the State, the relief is plain; i. e., a bond for the forthcoming of the slaves at the termination of the... Most Relevant Cases  
Hawthorne v. Brown 3 Sneed (TN) 462, Supreme Court of Tennessee (April 01, 1856) 1856 This was an action of trover, brought by the defendant in error against the plaintiff in error, to recover damages for the alleged conversion of a buggy by the latter. It appears that on the 5th of January, 1850, Joseph F. Brown, conveyed to his son, William D. Brown, the plaintiff in this action, several slaves--to hold the same in trust for Ann... Most Relevant Cases  
Hepburn v. Dundas 13 Gratt. 219, Supreme Court of Appeals of Virginia (March 07, 1856) 1856 (Absent ALLEN, P.) 1. A deed of emancipation sets the slave free upon the payment of a certain sum, and the interest thereon, and provides that a receipt in full for the payment shall be taken as complete testimony of such discharge. The payment of the money may be inferred from circumstances; and it is not essential to produce the receipt. 2.... Most Relevant Cases  
Hickerson v. U.S. 2 Hay. & Haz. 228, Circuit Court, District of Columbia (December 18, 1856) 1856 At law. Writ of error to the criminal court. Indictment for an assault on a salve. The following is the indictment: That William Hickerson, late of the county aforesaid, laborer, on the 2nd day of June, 1856, with force and arms, at the county aforesaid, in and upon one negro, James, the said James being then and there a slave, the property of one... Most Relevant Cases  
Hicks v. Shouse 17 B.Mon. 483, Court of Appeals of Kentucky (December 04, 1856) 1856 Shouse instituted suit in the Fayette circuit court against Hicks upon the following obligation: I have this day purchased a negro named John, belonging to Mrs. James McKinney, under two decrees of the Fayette circuit against her, in the names of Shouse & Smith, and James H. Shouse & Co., for which negro I promise to pay James H. Shouse, who... Most Relevant Cases  
Hooker v. Johnson 6 Fla. 730, Supreme Court of Florida (March 01, 1856) 1856 This is an action of covenant on an obligation dated the 18th of January, 1853, between William B. Hooker, of the one part, and William H. Johnson of the other. William B. Hooker of the first part agrees and binds himself to furnish three hands, negroes, to-wit: Nancy, Dick and Josh, two horses to plough and plenty of horse feed for the same, all... Most Relevant Cases  
Irons v. Reynolds 28 Ala. 305, Supreme Court of Alabama (June 01, 1856) 1856 [TRIAL OF RIGHT OF PROPERTY IN SLAVE BETWEEN PLAINTIFF IN ATTACHMENT AND WIFE OF DEFENDANT IN ATTACHMENT.] APPEAL from the Circuit Court of Washington. Tried before the Hon. ANDREW B. MOORE. Most Relevant Cases  
Ivey's Adm'r v. Owens 28 Ala. 641, Supreme Court of Alabama (January 01, 1856) 1856 [ASSUMPSIT TO RECOVER PROCEEDS OF SALE OF SLAVE, CONVERSION BEING WAIVED.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. C. W. RAPIER. Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
James v. Wilmington & M. R. Co. 9 Rich. 416, Court of Appeals of Law of South Carolina (May 01, 1856) 1856 The borrower of a slave, who had had him in possession ten years, using him as his own, let him to hire for his own benefit, without the owner's knowledge, to the defendants, and the slave was killed while in defendants' service:-Held, that if the owner permitted the borrower so to deal with the slave as to induce others to believe that he had... Most Relevant Cases  
Jerry v. Townshend 9 Md. 145, Court of Appeals of Maryland (June 01, 1856) 1856 It is for the party offering proof to determine the order in which he will present it. On a petition for freedom the defendant may show that, at the date of the deed of manumission under which the petitioners claim their freedom, the grantor was of unsound mind and incapable of executing a valid deed or contract. Where evidence is given of the... Most Relevant Cases  
Joe v. State 6 Fla. 591, Supreme Court of Florida (January 01, 1856) 1856 This is an appeal from a conviction and sentence of death, passed upon the prisoner Joe on a charge of having administered poison and white arsenic to a negro woman, Rebecca. She did not die from the alleged effects, but is examined as the only witness to the facts of the case, excepting the medical attendant. But little complaint is made of the... Most Relevant Cases  
Johnson v. Green 17 B.Mon. 118, Court of Appeals of Kentucky (June 21, 1856) 1856 This action is brought by Johnson and wife to recover from Green the proceeds or value of a negro girl, charged to be the property of Mrs. Johnson, which Green took and carried away to New Orleans, and there sold, and converted the proceeds to his own use. This is the substance of the averments in the first petition. An amended petition was filed... Most Relevant Cases  
Johnson v. Murphy's Adm'rs 17 Tex. 216, Supreme Court of Texas (January 01, 1856) 1856 The material facts to be collected from the record in this case are, that the present appellees had brought suit against one Murphy and the Harveys upon a note of hand given to them as administrators of Thomas Murphy, in which suit they allege that the note was given as the purchase money of a negro boy sold by them to Walter M. Murphy. They set... Most Relevant Cases  
Johnson's Adm'rs v. The Arabia 24 Mo. 86, Supreme Court of Missouri (October 01, 1856) 1856 The facts sufficiently appear in the opinion of the court. The jury were very properly instructed as to the law of the case. The slave was being transportcd on the defendant from Kentucky to St. Louis, and during the voyage an officer of the boat put him to wooding without his master's permission, and while so engaged he fell overboard and was... Most Relevant Cases  
Jolliffe v. Fanning & Phillips 10 Rich. 186, Court of Appeals of Law of South Carolina (November 01, 1856) 1856 Upon a question of probate, the inquiry is, whether there be a valid will, in whole or in part; if only so much be valid as revokes prior wills and appoints executors, still it must be admitted to probate. A clause in a will, void under the first section of the Act of 1841, because it directs certain slaves of the testator to be taken beyond the... Most Relevant Cases  
Jones v. Gordon 2 Jones Eq. 352, Supreme Court of North Carolina (June 01, 1856) 1856 According to the facts admitted, John C. Gordon, the father of Benjamin Gordon, who died in 1841, might have reclaimed the negroes which he had previously put into his possession; but he is now barred by the statute of limitations. After the death of Benjamin Gordon in 1841, Thomas F. Jones, his administrator, took the negroes into his possession,... Most Relevant Cases  
Joslin v. Caughlin 3 George 104, High Court of Errors and Appeals of Mississippi (October 01, 1856) 1856 1. PLEADING: DUPLICITY.A replication under the New Pleading Act of 1850, will not be bad for duplicity. 2. EXECUTOR AND ADMINISTRATOR: SALE BY CONSENT OF HEIRS.A sale of slaves by an executor, under a void order of the Probate Court, is good, if it also be made by the consent and agreement in pais of the parties interested. 3. SAME:... Most Relevant Cases  
Judge of Probate v. Alexander 2 George 297, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 1. WILL: LEGACY OF SLAVE.-A bequest of a female slave does not of itself carry the title to her issue, born before the death of the testator. 2. REMAINDERMAN: RIGHT TO ISSUE OF A SLAVE, BORN DURING LIFE ESTATE.-The issue of a female slave, born during the existence of a tenancy for life in her, goes to the remainderman, upon the death of the tenant... Most Relevant Cases  
Justices of the Inferior Court of Baker County v. Moreland 20 Ga. 145, Supreme Court of Georgia (June 01, 1856) 1856 [1.] This is a proceeding at Law to subject to the payment of a judgment against the administrator, obtained in 1854, a negro man who had been distributed in 1848 to the claimant, who was one of the heirs at law of defendant's intestate. If the legal lien of the judgment upon the property had not attached before the distribution, it is not subject... Most Relevant Cases  
Kelly v. Wallace 6 Fla. 690, Supreme Court of Florida (February 01, 1856) 1856 1. The instruction of the Circuit Judge in this case was, that the principal, the person hiring a negro slave, was responsible for his loss through carelessness or misconduct of his agent; again, that if an agent hears that a negro cannot swim, and gives an order which no prudent man with his knowledge would give, he is responsible for the injury... Most Relevant Cases  
Kelly v. White 17 B.Mon. 124, Court of Appeals of Kentucky (June 24, 1856) 1856 This action was brought by White to recover the value of his slave Edmund, hired to the Kellys, who were carrying on iron works and hired the slave to aid in that business, in which he was killed by the falling in of the earth, etc., on the sides of a pit which had been excavated in digging and raising ore for the iron works. The plaintiff... Most Relevant Cases  
Kesler v. Robson 16 Tex. 119, Supreme Court of Texas (January 01, 1856) 1856 Where the plaintiff sued for breach of warranty and fraud in the sale of a slave, for which he had given a quarter of a league of land in exchange, praying damages merely; and the jury, on issues submitted by the court, found that the land was worth at the time of the exchange and at the time of the trial, seventy-five cents per acre; that the... Most Relevant Cases  
Largent v. Berry 3 Jones (NC) 531, Supreme Court of North Carolina (August 01, 1856) 1856 We have no hesitation in expressing our concurrence in the opinion given by his Honor in the Court below. The parol gift made by the plaintiffs' intestate of the slave in question to the defendant, was, it is true, a mere bailment, which the intestate might have terminated at any time during his life. The possession of the donee, though held... Most Relevant Cases  
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