TitleCitationYearSummaryMost RelevantTypeStatus
Livingston v. Arrington 28 Ala. 424, Supreme Court of Alabama (January 01, 1856) 1856 [ASSUMPSIT ON NOTE GIVEN FOR PURCHASE MONEY OF SLAVE--PLEAS, FAILURE OF CONSIDERATION AND FRAUD.] APPEAL from the Circuit Court of Perry. Tried before the Hon. E. W. PETTUS. Most Relevant Cases  
Long v. Wright 3 Jones (NC) 290, Supreme Court of North Carolina (June 01, 1856) 1856 The position that a conveyance of slaves made with an intent to hinder, delay and defraud creditors, is void against a subsequent purchaser, who bought in good faith, and paid therefor a fair price, is not supported by any statutory provision, or by any principle of the common law. The Act which protects subsequent purchasers against fraudulent... Most Relevant Cases  
Louisville & N.R. Co. v. Yandell 17 B.Mon. 586, Court of Appeals of Kentucky (December 26, 1856) 1856 In August, 1855, Yandell hired his negro man, Henry, to the Louisville and Nashville railroad company for the price of twenty-five dollars per month. It is not disputed that Henry was hired to the defendants to be employed by them in labor connected with the business of running trains upon the railroad; and the duty which was assigned him was that... Most Relevant Cases  
Lovelace v. Stewart 23 Mo. 384, Supreme Court of Missouri (October 01, 1856) 1856 1. Until a sale of personal property is rendered complete by delivery and acceptance, it will remain at the risk of the seller. Appeal from Montgomery Circuit Court. This is an action for the price of a negro woman and her child, alleged to have been sold by appellant to the respondent. The facts were found, or rather agreed upon, and upon those... Most Relevant Cases  
Lowe v. Carter 2 Jones Eq. 377, Supreme Court of North Carolina (June 01, 1856) 1856 Where a testator intending by his will to ratify and confirm parol gifts of slaves, long before made to two of his sons, by a mistake describes the slaves that had been given to the one son as those given to the other, and vice versa, the Court will declare the testator's intention to have been according to the dispositions by the parol gifts. It... Most Relevant Cases  
Lowe v. Morris 4 Sneed (TN) 69, Supreme Court of Tennessee (September 01, 1856) 1856 This bill was filed on the 2d day of July, 1855, by the complainant, in the chancery court at Rutledge, in which he charges that he purchased from the defendant Morris two slaves, named in the bill, for the sum of $1,200. That he paid at the time of purchase the sum of $865, and executed his bill to Morris for $335, due one day after date, and... Most Relevant Cases  
Machem v. Machem 28 Ala. 374, Supreme Court of Alabama (January 01, 1856) 1856 [BILL IN EQUITY BY WIDOW AGAINST HER HUSBAND'S EXECUTOR, FOR ALLOTMENT OF SLAVES AS HER SEPARATE ESTATE, OR DISTRIBUTIVE SHARE, AND TO ENJOIN ACTION AT LAW FOR THEIR RECOVERY.] APPEAL from the Chancery Court of Cherokee. Heard before the Hon. JAMES B. CLARK. Most Relevant Cases  
Machin v. Thompson 17 Ark. 199, Supreme Court of Arkansas (January 01, 1856) 1856 The act of limitation of 19th December, 1846 (Digest, page 943), makes no reservation in favor of non-residents or femmes couverte, and the courts can make none. (Pryor & wife v. Ryburn.) Where a slave is taken off and sold, without the knowledge or consent of the owner; and the vendee purchases in good faith, for a fair price, without any... Most Relevant Cases  
Mangham v. Cox 29 Ala. 81, Supreme Court of Alabama (June 01, 1856) 1856 [ACTION AGAINST OWNERS OF STEAMBOAT TO RECOVER VALUE OF SLAVE TRANSPORTED WITHOUT OWNER'S PERMISSION AND LOST.] APPEAL from the Circuit Court of Mobile. Tried before the Hon. C. W. RAPIER. Most Relevant Cases  
Marlow v. Johnson 2 George 128, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 DEED OF TRUST: EQUITY OF REDEMPTION: LIEN.A. executed a deed of trust, conveying a slave to secure a debt due to B., which was regularly recorded. A. afterwards executed a second deed of trust, on the same property, to secure another debt he owed to B. After the registration of the first deed, and after the execution of the second deed, but... Most Relevant Cases  
Martin v. State 16 Tex. 240, Supreme Court of Texas (January 01, 1856) 1856 The same rule, as to the averment and proof of ownership of the property, is applicable in an indictment for harboring a slave as in the case of larceny. McGlenn and Glenn are not the same name, and there is no evidence that the owner was known as well by one name as by the other, or that the person spoken of by the witness was the same person... Most Relevant Cases  
Massey v. Cole 29 Ala. 364, Supreme Court of Alabama (June 01, 1856) 1856 [ACTION AGAINST OWNERS OF STEAMBOAT TO RECOVER PENALTY FOR TRANSPORTATION OF SLAVE WITHOUT MASTER'S PERMISSION.] APPEAL from the Circuit Court of Mobile. Tried before the Hon. C. W. RAPIER. Most Relevant Cases  
May's Heirs v. May's Adm'r 28 Ala. 141, Supreme Court of Alabama (January 01, 1856) 1856 [PROCEEDINGS HAD ON ADMINISTRATOR'S PETITION FOR DIVISION OF SLAVES.] APPEAL from the Court of Probate of Greene. Most Relevant Cases  
McClain v. Esham 17 B.Mon. 146, Court of Appeals of Kentucky (July 01, 1856) 1856 By section 3, chapter 7, page 143, of the Revised Statutes, it is provided that a steamboat, or any other boat or vessel, shall also be liable to indemnify the owner of any slave for any damage he may sustain by reason of the conveying or attempting to convey thereon out of the State, or from one part of the State to another, without the consent... Most Relevant Cases  
McClanahan v. Beasley 17 B.Mon. 111, Court of Appeals of Kentucky (June 19, 1856) 1856 The principal question in this case is, can a separate estate in slaves be vested in a married woman by a verbal sale, or must such an estate, in order to be valid, be created by deed or some other instrument of writing? As the title to slaves will pass by a verbal sale in the same manner that the title to any other personal property will, it would... Most Relevant Cases  
McDaniel v. Strohecker 19 Ga. 432, Supreme Court of Georgia (January 01, 1856) 1856 Was the verdict against the evidence, or strongly against the weight of the evidence? If it was either, the judgment of the Court below granting the new trial, was right. The verdict was for the plaintiff; the action was for an alleged deceit in the sale of a slave as sound, when she was not sound. To support such an action, it is necessary that... Most Relevant Cases  
McDougall v. Van Brunt 6 Fla. 570, Supreme Court of Florida (January 01, 1856) 1856 This is a suit in equity, instituted by the appellant, as the administrator on the estate of Joseph W. Lea, deceased, and others, for the recovery of a negro slave alleged to be the property of the said estate. The bill alleges that the intestate, Lea, about the month of March, A. D., 1845, borrowed of Richard Van Brunt, Sr., the sum of two hundred... Most Relevant Cases  
McKinley v. Scott 4 Jones (NC) 197, Supreme Court of North Carolina (December 01, 1856) 1856 There are three decisons of our Courts directly in point in favor of the plaintiff's recovery, to wit, an Anonymous case in 2 Hay. Rep. 161, James v. Masters, 3 Murph. Rep. 110, and Black v. Ray, 1 Dev. and Bat. Rep. 334. These cases establish, beyond question, that the bequest of a slave for life, without limiting the remainder over, passes only a... Most Relevant Cases  
McLemore v. McClellan 17 Tex. 122, Supreme Court of Texas (January 01, 1856) 1856 The question raised in argument by appellant is, whether, where a slave is hired by the year and dies before the expiration of that time, the hirer is bound for the hire for the whole period of the hiring, or only to the time of the death of the slave. There is some conflict of decisions on the question, but we think the better opinion is in favor... Most Relevant Cases  
McNeill v. Arnold 17 Ark. 154, Supreme Court of Arkansas (January 01, 1856) 1856 The circuit court has power to amend its record, so as to make it speak the truth, &c. (King & Houston v. State Bank, 9 Ark. 185; Arrington v. Conrey, ,17 Ark 100.) Slaves are conveyed to a trustee for the separate use of the wife, and upon her death to be divided among her heirs; upon the death of the wife, the trust is executed, and an action for... Most Relevant Cases  
McRea v. Branch Bank of Alabama 60 U.S. 376, Supreme Court of the United States (December 01, 1856) 1856 THIS was an appeal from the Circuit Court of the United States for the eastern district of Arkansas, sitting in equity. The bill was filed by the Branch Bank of Alabama, under the circumstances which are stated in the opinion of the court. It had a double aspect; first, setting up a lien upon the slaves, by virtue of the deed of trust to Gale; and... Most Relevant Cases  
Meredith v. Owen 4 Sneed (TN) 223, Supreme Court of Tennessee (December 01, 1856) 1856 The question raised in this case is upon the construction of a deed of gift, made by John Beaty to his daughter Polly Owen, wife of Joshua Owen, of a negro girl, Celia, in 1846. It is in these words: Know all men by these presents that I, John Beaty, Sr., for and in consideration of the love and affection I have for my daughter, Polly Owen,... Most Relevant Cases  
Miller v. Jones' Adm'r 29 Ala. 174, Supreme Court of Alabama (June 01, 1856) 1856 [DETINUE FOR SLAVE BY ADMINISTRATOR AGAINST PURCHASER AT SHERIFF'S SALE UNDER ATTACHMENT AGAINST DISTRIBUTEE.] APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. Most Relevant Cases  
Mills v. Ashe 16 Tex. 295, Supreme Court of Texas (January 01, 1856) 1856 Where a slave is hired as an ordinary boat hand, in a trade in which it is customary to employ a pilot, on a boat which usually employs a pilot (at the entry of a harbor), it is a diversion from the service contemplated by the contract of hiring, to use such slave to man a yawl for sounding the bar, and if the slave be lost in such service, the... Most Relevant Cases  
Moore's Adm'r v. Francis 17 Tex. 28, Supreme Court of Texas (January 01, 1856) 1856 Where several suits for freedom and for the value of services, against the same administrator, with whom were joined other persons in the several suits (whether different persons did not appear), to whom the plaintiffs were hired out, were consolidated by the court without motion, and without objection, and it did not appear that the rights of the... Most Relevant Cases  
Moore's Adm'r v. Minerva 17 Tex. 20, Supreme Court of Texas (January 01, 1856) 1856 The case of Womack v. Womack, supra, cited in answer to the first point in this case. Suit by a negro woman and her three children, by their next friend, for their freedom, and for the value of the services of the mother: Held, that there was no misjoinder of parties. It is common in chancery, where several claim under the same title (to sustain a... Most Relevant Cases  
Morgan v. Smith 29 Ala. 283, Supreme Court of Alabama (June 01, 1856) 1856 [DETINUE FOR SLAVE--DELIVERY OF BILL OF SALE.] APPEAL from the Circuit Court of Autauga. Tried before the Hon. ANDREW B. MOORE. Most Relevant Cases  
Murrell v. Weathers 3 Jones (NC) 525, Supreme Court of North Carolina (August 01, 1856) 1856 The agreement of the defendant, if he ever wished to dispose of the slave, to give the plaintiff the refusal at the price of $225, was a valid stipulation, for a breach whereof, the plaintiff would have a good cause of action; and the question is, was there a breach at the time the plaintiff sued out the writ? The fact that the defendant loaned... Most Relevant Cases  
O'Neall & Chambers v. South Carolina R. Co. 9 Rich. 465, Court of Appeals of Law of South Carolina (May 01, 1856) 1856 An action on the case for negligence occasioning loss of plaintiff's slave, is properly brought in the name of the owner at the time, although after the accrual of the right of action, but before action commenced, he had assigned his whole estate for the benefit of creditors. After the jury have found for plaintiff, very slight evidence will be... Most Relevant Cases  
Park v. Tennille 20 Ga. 111, Supreme Court of Georgia (June 01, 1856) 1856 [1.] A marriage settlement contained these provisions: that the woman's property, consisting of a plantation and slaves and debts and other things, should remain her separate property, subject to the management and control of the man and woman. That the man was not to be accountable for the annnal increase or profits arising from the trust... Most Relevant Cases  
Patton v. Hamner 28 Ala. 618, Supreme Court of Alabama (January 01, 1856) 1856 [DETINUE FOR A SLAVE.] APPEAL from the Circuit Court of Wilcox. Tried before the Hon. C. W. RAPIER. Most Relevant Cases  
Patton v. Porter 3 Jones (NC) 539, Supreme Court of North Carolina (August 01, 1856) 1856 A warranty of soundness of a slave contained in a bill of sale, is not evidence that the party making it at that time, admitted the soundness of the slave. Immaterial evidence, when calculated to mislead the jury, is a ground for a venire de novo. ACTION ON THE CASE for breach of a warranty of soundness of a slave, tried before his Honor, Judge... Most Relevant Cases  
Pemberton v. Pemberton 22 Mo. 338, Supreme Court of Missouri (January 01, 1856) 1856 1. A parol gift of a slave to one for life, remainder to her children, then living, followed by the possession of the donee for life, is valid. Appeal from Calloway Circuit Court. The case is stated in the opinion of the court. Nehemiah Hundley gave to his daughter Susan Pemberton, then the wife of Edmund Pemberton, and the mother of the... Most Relevant Cases  
People v. Merrill 14 N.Y. 74, Court of Appeals of New York (June 01, 1856) 1856 There were four counts in the indictment. To the first, the defendants pleaded not guilty; and demurred to the second, third and fourth. The first count was under the section of the Revised Statutes declaring it a felony to inveigle or kidnap a person, with the intent to cause such person to be sold as a slave. (2 R. S., 664, ยง 28.) The others were... Most Relevant Cases  
Perry v. Lewis 6 Fla. 555, Supreme Court of Florida (January 01, 1856) 1856 This is an action of Trover brought to recover the value of a slave lost by Lewis, the plaintiff below, in Sumpter county, Alabama, in July, 1844--sold by one Jones, to Henshaw of Covington county, Alabama, on the 11th November, 1844--by Henshaw again sold to Criglar of Santa Rosa county, Florida, on the 26th June, 1848--and finally sold by Criglar... Most Relevant Cases  
Perry v. Yarbrough 3 Jones Eq. 66, Supreme Court of North Carolina (December 01, 1856) 1856 On the 14th of August, 1846, Samuel Perry executed a deed, whereby, in consideration of natural love, he conveyed to his daughter, Mary B. Perry, wife of Gustin Perry, a negro slave, Isaac, for the separate use and maintenance of the said Mary, during her life, and after her death, to the heirs of her body. At Spring Term, 1847, of the Court of... Most Relevant Cases  
Phillips v. Murphy 4 Jones (NC) 45, Supreme Court of North Carolina (December 01, 1856) 1856 There is nothing in the transaction against the policy of the law. The legal effect of the deed executed by Mills to Nixon, was not to make a slave of Mills, or in any way vest in Nixon a title to him as property, but simply to give Nixon a right to his service for five years, upon an executory agreement, for a breach whereof an action of covenant... Most Relevant Cases  
Phillips v. Phillips 19 Ga. 261, Supreme Court of Georgia (January 01, 1856) 1856 [1.] The question in this case depends upon the question, whether the remainders vested in the remainder-men, at the death of the testator? If they did, it was not disputed that the increase of the remainder-negroes went with those negroes; and so, could not pass under the residuary clause. This was the clause under which the complainants... Most Relevant Cases  
Phillips v. Towler's Adm'rs 23 Mo. 401, Supreme Court of Missouri (October 01, 1856) 1856 1. In an action, under section 35 of article 9 of the act concerning crimes and punishments (R. C. 1845, p. 414), against the owner of a slave to recover damages sustained through the burning of a building, &c., by such slave; held, that a confession by the slave of the burning is inadmissible in evidence. 2. It is also incompetent in such a case... Most Relevant Cases  
Pringle v. Rhame 10 Rich. 72, Court of Appeals of Law of South Carolina (November 01, 1856) 1856 Where, after a sale, the consideration of which is the vendor's antecedent indebtedness to the vendee, the vendor retains possession of the slave sold, under a stipulation to pay hire, such stipulation takes the case from within the rule of Smith vs. Henry, 1 Hill, 16, and the question of fraud is one of fact for the jury to decide. Most Relevant Cases  
Propst v. Roseman 4 Jones (NC) 130, Supreme Court of North Carolina (December 01, 1856) 1856 The first point to be established by the plaintiff, to make a recovery of the slave sued for, is that the executor had assented to the legacy. There is no controversy as to the legacy. The defendant denies that the executor ever had assented, and the latter who was a witness, swore he never had assented. The father of Lunda Roseman, the deceased... Most Relevant Cases  
Read v. Read 8 Rich.Eq. 145, Court of Appeals of Equity of South Carolina (January 01, 1856) 1856 J. H. and M. W., prior to their marriage in 1811, executed a settlement, whereby M. W. conveyed her land and negroes to two trustees, in trust, inter alia, that upon the death of either husband or wife, the property should be held to the joint use of the survivor, during his or her life, and the children of their marriage. M. W. died in 1817,... Most Relevant Cases  
Richardson v. Means 22 Mo. 495, Supreme Court of Missouri (March 01, 1856) 1856 1. Where a slave is conveyed to a trustee to be held in trust for the use of a married woman for life, (she being entitled by the deed of conveyance to the possession of the slave,) and upon her death for the use of the children; held, that the wife can not in her own name and that of her husband maintain an action for the conversion of the slave.... Most Relevant Cases  
Roberts v. Prior 20 Ga. 561, Supreme Court of Georgia (August 01, 1856) 1856 [1.] A contract for the hire of a negro at a stipulated price, to be paid at the end of the year, is a liquidated demand and bears interest. [2.] A debt is liquidated when it is certain how much is due and when it is due. [3.] An unliquidated claim is one which one of the parties to the contract cannot alone render certain. Assumpsit, in Pike... Most Relevant Cases  
Rogers v. Dougherty 20 Ga. 271, Supreme Court of Georgia (June 01, 1856) 1856 [1.] The prayer of the bill in this case is, that a receiver may be appointed to take charge of all the assets of the estate of Henry Rogers, deceased, and particularly, the slaves mentioned in the bill. This prayer was sanctioned by the Court, and a receiver was appointed. Afterwards, the defendant in the bill, who was the main executor of Henry... Most Relevant Cases  
Rosson v. Hancock 3 Sneed (TN) 434, Supreme Court of Tennessee (April 01, 1856) 1856 This was an action on the case, for fraud in the sale of a slave. The plaintiff declares that the defendant falsely and deceitfully represented the said slave to be sound except one hip, and a good house servant; whereas, in truth, one of her arms had been broken, or out of place, and she was otherwise unsound and disordered, and had a dangerous... Most Relevant Cases  
Rumph v. Waring 8 Rich.Eq. 136, Court of Appeals of Equity of South Carolina (January 01, 1856) 1856 Equity has no jurisdiction to sustain a bill to establish the freedom of a person of color, filed by his guardian against one who has him in possession. Most Relevant Cases  
Sarah v. State 18 Ark. 114, Supreme Court of Arkansas (July 01, 1856) 1856 It is no justification in the prosecution of a criminal offense committed by a slave, that it was done by the command of the master: but such command may be given in evidence in mitigation of the punishment of the slave for a crime less than felony. Appeal from the Circuit Court of Lafayette County. The Hon. Thomas Hubbard, Circuit Judge. Sarah, a... Most Relevant Cases  
Saufley v. Jackson 16 Tex. 579, Supreme Court of Texas (January 01, 1856) 1856 This suit was instituted by the appellee against the appellants to set aside a voluntary deed of gift of certain slaves to Eliza Saufley, the wife of her co-appellant, and daughter of the appellee, on the ground of undue influence exercised in procuring it. There was a verdict and decree in favor of the appellee. A motion was made to set aside the... Most Relevant Cases  
Savage v. Jackson 19 Ga. 305, Supreme Court of Georgia (January 01, 1856) 1856 [1.] The verdict in this case, as it seems to us, was contrary to law. If there is any decision to give it support, it must be the decision in Pasley vs. Freeman, (3 T. R. 51: 2 Smith's Lead. Cases, 55.) But the decision in that case is not one to give it support, for that case differed from this, in essential particulars. 1. In that case, the... Most Relevant Cases  
82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99