TitleCitationYearSummaryMost RelevantTypeStatus
Schropshire v. Loudon 23 Mo. 393, Supreme Court of Missouri (October 01, 1856) 1856 1. An instrument in the form of a will, under seal, attested by two witnesses, and acknowledged before the appropriate circuit court, but not probated, though inefficacious as a will for want of probate, may yet operate as a valid act of emancipation from slavery under section 1 of article 2 of the act concerning slaves. (R. C. 1845, p. 1019.)... Most Relevant Cases  
Scranton v. Tilley 16 Tex. 183, Supreme Court of Texas (January 01, 1856) 1856 Where, on a question of soundness of a slave, sold with warranty by the defendant to the plaintiff, the plaintiff introduces evidence which conduces to prove the unsoundness of the slave at the date of the sale, and that the disease which he then had caused his death, the defendant should introduce some evidence as to the soundness of the slave at... Most Relevant Cases  
Searcy v. Carter 4 Sneed (TN) 271, Supreme Court of Tennessee (December 01, 1856) 1856 This bill is filed by the complainants to assert and protect their title in remainder to twenty-five or thirty slaves, under the will of their uncle, William Bracken, made in 1833, which is in these words: I lend to my brother-in-law and friend, Reuben Searcy, and his wife, Polly, my negro woman Grace, and my negro man Clement, and Grace's... Most Relevant Cases  
Seay v. Bacon 4 Sneed (TN) 99, Supreme Court of Tennessee (September 01, 1856) 1856 This bill was brought for the recovery of a number of slaves. The only question necessary to be considered is in respect to the application of the statute of limitations. The chancellor decreed for the complainants, and the case is brought to this court by appeal. The facts are these: On the 3d of February, 1831, William Gillum, the maternal... Most Relevant Cases  
Sharp v. Maxwell 1 George 589, High Court of Errors and Appeals of Mississippi (April 01, 1856) 1856 1. EVIDENCE: DECLARATIONS OF HUSBAND WHEN ADMISSIBLE FOR WIFE.The declarations of the husband, made whilst a slave is in the possession of himself and wife, are admissible in evidence, as against him and those claiming under him, to prove title in the wife. 2. HUSBAND AND WIFE: SEPARATE ESTATE, WHAT IS.Money acquired by the wife, by... Most Relevant Cases  
Shivers v. Latimer 20 Ga. 737, Supreme Court of Georgia (November 01, 1856) 1856 [1.] William Shivers, sen. of Hancock County, died intestate in the year 1852, leaving a wife and - children, and one grand-child, whose parent had deceased. Shortly after his death, Oscar, a minor son, died, leaving a will bequeathing his negroes and effects, to which he was entitled in his father's estate, to be equally divided among seven of... Most Relevant Cases  
Shorter v. Urquhart 28 Ala. 360, Supreme Court of Alabama (January 01, 1856) 1856 [TROVER FOR CONVERSION OF SLAVE.] APPEAL from the Circuit Court of Russell. Tried before the Hon. NAT. COOK. Most Relevant Cases  
Simpson v. Morris 3 Jones (NC) 411, Supreme Court of North Carolina (June 01, 1856) 1856 Where the bargainor and bargainee to a bill of sale of slaves both lived in Union County, but the bargainee having a plantation in Mecklenburg, within the year sends the slaves to this plantation, whither he himself afterwards removes, and thenceforward resides; Held that this bill of sale was properly registered in Mecklenburg county. ACTION of... Most Relevant Cases  
Socum v. State 1 Houst. 204, Superior Court of Delaware (April 01, 1856) 1856 Section 2, chapter 52, of the Revised Code, p. 144, does not apply to non-resident free negroes, or mulattoes, who were residing in the State at the time when the Code went into effect; and, if such come into the State, they are not liable to the penalty prescribed in that section. In a proceeding before a justice of the peace, under that section,... Most Relevant Cases  
Sparkes v. Kearney 2 Jones Eq. 481, Supreme Court of North Carolina (August 01, 1856) 1856 It is no part of the duty of a trustee, appointed to sell for the payment of debts, to put slaves, conveyed in the trust deed, out as apprentices to trades, and he is liable to account for the value of the services of such slaves, during such apprenticeship. An administrator, or trustee appointed to sell, who keeps back certain slaves to await the... Most Relevant Cases  
Stalls v. State 28 Ala. 25, Supreme Court of Alabama (January 01, 1856) 1856 [INDICTMENT FOR HARBORING A RUNAWAY SLAVE.] FROM the Circuit Court of Baldwin. Tried before the Hon. C. W. RAPIER. Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Stanley v. Nelson 28 Ala. 514, Supreme Court of Alabama (January 01, 1856) 1856 [ACTION ON NOTE UNDER SEAL GIVEN FOR HIRE OF SLAVE.] APPEAL from the Circuit Court of Limestone. Tried before the Hon. JOHN E. MOORE. Most Relevant Cases  
State v. Adeline 11 La.Ann. 736, Supreme Court of Louisiana (December 01, 1856) 1856 Appeal from a special tribunal organized for the trial of a slave, parish of Orleans. Most Relevant Cases  
State v. Bond 4 Jones (NC) 9, Supreme Court of North Carolina (December 01, 1856) 1856 A person cannot be convicted under the 34 ch. sec. 90 of the Revised Code, making a principal liable for the act of his agent, for an act done between the passing of the Revised Code and the time of its going into operation. INDICTMENT for unlawfully trading with a slave, tried before BAILEY, Judge, at the last Superior Court of Chowan. The jury... Most Relevant Cases  
State v. Burk 4 Jones (NC) 7, Supreme Court of North Carolina (December 01, 1856) 1856 To constitute the offence of harboring a runaway slave, it is not necessary that, at the time of first receiving the slave, the defendant conceived the purpose of fraudulently harboring, if his acts afterwards plainly evinced such a purpose. THIS was an INDICTMENT for harboring a runaway slave, tried before his Honor, Judge BAILEY, at the Fall... Most Relevant Cases  
State v. Chaney 9 Rich. 438, Court of Appeals of Law of South Carolina (May 01, 1856) 1856 An indictment for negro stealing need not allege that the slave is of any value. Verdict of guilty upon an indictment for negro stealing sustained, though there was no direct evidence that the offence was committed within the district. Bill of sale not received in evidence upon mere proof of handwriting of subscribing witness. Most Relevant Cases  
State v. Gossett 9 Rich. 428, Court of Appeals of Law of South Carolina (May 01, 1856) 1856 An indictment for negro stealing need contain no allegation as to the value of the slave. A confession made in jail to a third person in the presence of a deputy sheriff who had no control over the jail, held to be admissible. A by-stander who hears a conversation is a competent witness to prove it, though he may not have heard the whole. A verdict... Most Relevant Cases  
State v. Harrison 11 La.Ann. 722, Supreme Court of Louisiana (December 01, 1856) 1856 Appeal from a special tribunal organized for the trial of a slave, parish of East Feliciana. Most Relevant Cases  
State v. Jim 3 Jones (NC) 348, Supreme Court of North Carolina (June 01, 1856) 1856 On the trial of a slave for felony, is the masa competent witness in behalf of the prisoner? The question has never been decided in this State. Of course there is no case in point in the English books. Many of the slaveholding States have statutes giving a compensation to the master, so that the question could not arise in these States, and we are... Most Relevant Cases  
State v. McDonald 4 Jones (NC) 19, Supreme Court of North Carolina (December 01, 1856) 1856 One of the grounds upon which the motion for a new trial was made in the Court below, to wit, that the witness, Daniel Ferguson, was permitted to state that a negro woman asked the prisoner if he gave the deceased any notice before he shot him, has been properly abandoned in the argument here. The State certainly had a right to prove the... Most Relevant Cases  
State v. Privett 4 Jones (NC) 100, Supreme Court of North Carolina (December 01, 1856) 1856 Where the agent of one indicted for trading with a slave, swore that he had general instruction from his principal not to traffic with slaves without a written permit, it was Held, that although this, if true, threw the onus upon the State of further proof of defendant's guilt, yet it was not error in the Judge to leave the enquiries to the jury... Most Relevant Cases  
Stone v. Spillman's Adm'x 16 Tex. 432, Supreme Court of Texas (January 01, 1856) 1856 This suit was brought by the appellee against the appellant to recover certain slaves claimed to belong to the estate of appellee's intestate. The appellant suffered judgment by default, which he asked the court to set aside, and permit him to answer. The showing seemed to be sufficient to set aside the default; but the answer, it was thought by... Most Relevant Cases  
Summers v. Bean 13 Gratt. 404, Supreme Court of Appeals of Virginia (August 25, 1856) 1856 1. As a general rule a court of equity will decree the specific execution of a contract for the sale or delivery of slaves at the suit of the purchaser, without any allegation or proof of peculiar value. 2. The purchase of slaves being for the life or widowhood of the vendor, upon her refusal to execute the contract, the inadequacy of the... Most Relevant Cases  
Taylor v. Yarbrough 13 Gratt. 183, Supreme Court of Appeals of Virginia (March 01, 1856) 1856 (Absent ALLEN, P.) 1. T lends to his daughter D, a married woman, three negro women during her life, and they go into the possession of the husband; and by deed he gives her the future increase of the three women. D survives her husband and keeps possession of the three women as belonging to her, and whilst so in her possession they have a number... Most Relevant Cases  
Thornton v. Campbell's Ex'r 6 Fla. 546, Supreme Court of Florida (January 01, 1856) 1856 The complainants found their claim upon a deed made in 1819, by Benjamin G. Thornton, of certain lands and negroes to Wesley Adams, in trust for the benefit of Mary Hall Thornton, wife of Benjamin G. Thornton, and her heirs. The deed, after directing the payment of certain debts and giving to Mrs. Thornton the power of disposing of the property to... Most Relevant Cases  
Thornton v. Chisholm 20 Ga. 338, Supreme Court of Georgia (June 01, 1856) 1856 [1.] J T made an instrument by which he declared that he manumitted certain named slaves; that these were in his possession, and were to remain, during his natural life, subject to his control and direction; that he granted them, after his death, to his trusty friends, E G T and W A C, for this purpose: that is to say, to remove them to some free... Most Relevant Cases  
Travis v. Morrison 28 Ala. 494, Supreme Court of Alabama (January 01, 1856) 1856 [PETITION BY ADMINISTRATOR FOR DIVISION OF SLAVES--CONSTRUCTION OF WILL.] APPEAL from the Court of Probate of Sumter. Most Relevant Cases  
Tune v. Cooper 4 Sneed (TN) 296, Supreme Court of Tennessee (December 01, 1856) 1856 James Cooper, who died in Bedford county about the year 1833, by his will bequeathed certain slaves and other personal property to his widow for life-- remainder to several of his younger children by name. In 1839, Jane Cooper, one of the legatees in remainder, intermarried with Asa Harris, and died in 1845, without issue, leaving her husband... Most Relevant Cases  
Tunstall v. Sutton 17 B.Mon. 345, Court of Appeals of Kentucky (July 01, 1856) 1856 1. A slave, though a minor, though taken out of the possession of the owner by another, may, under the statutes of Kentucky, be regarded as a runaway; and if taken and restored to the owner, entitles the capturer to the compensation fixed by the statute. This was a petition in equity, filed by Henry R. Tunstall against Emily A. Sutton, who had a... Most Relevant Cases  
Turner v. Fisher 4 Sneed (TN) 209, Supreme Court of Tennessee (December 01, 1856) 1856 Washington Turner, a free man of color, died in Wilson county in 1853. He was possessed, at the time of his death, of a small personal estate, which by his last will and testament he bequeathed jointly to his wife and children. The will was properly proved and admitted to record, and the defendant qualified as executor thereof. The complainant, who... Most Relevant Cases  
Upson v. Raiford 29 Ala. 188, Supreme Court of Alabama (June 01, 1856) 1856 [TROVER AGAINST SHERIFF FOR CONVERSION OF SLAVES CLAIMED BY PLAINTIFF UNDER PURCHASE FROM DEFENDANT IN EXECUTION.] APPEAL from the Circuit Court of Perry. Tried before the Hon. ROBERT DOUGHERTY. Most Relevant Cases  
Walden v. Smith 29 Ala. 417, Supreme Court of Alabama (June 01, 1856) 1856 [DETINUE FOR SLAVE BY WIDOW AGAINST BAILEE OF HUSBAND'S EXECUTOR.] APPEAL from the Circuit Court of DeKalb. Tried before the Hon. THOMAS A. WALKER. Most Relevant Cases  
Walker v. Fenner 28 Ala. 367, Supreme Court of Alabama (January 01, 1856) 1856 [DETINUE FOR SLAVES BY REMAINDER-MEN AGAINST PURCHASER AT SHERIFF'S SALE UNDER EXECUTION AGAINST TENANT FOR LIFE.] APPEAL from the Circuit Court of Lauderdale. Tried before the Hon. THOMAS A. WALKER. Most Relevant Cases  
Wallace v. Brown 17 Ark. 449, Supreme Court of Arkansas (January 01, 1856) 1856 The owner of a slave, hired for a term or period of time, cannot bring an action of replevin for the slave, until after the expiration of such term. To support replevin there must be shown an actual taking or an actual detention--a constructive detention, by the exercise of acts of ownership respecting the goods, not accompanied by manual... Most Relevant Cases  
Weaver v. State 8 Ind. 410, Supreme Court of Indiana (November 01, 1856) 1856 An information for a tort will not be quashed for alleging that the defendant is a person of color. In this case the defendant, a colored man, offered two witnesses. The Court refused to admit them, unless defendant would admit that they were negroes, and that he was himself a mulatto. Held, that the witnesses should have been admitted or rejected... Most Relevant Cases  
Welch v. Brooks 10 Rich. 123, Court of Appeals of Law of South Carolina (November 01, 1856) 1856 Upon a question of unsoundness, the complaints of the negro are admissible in evidence, as indications of the seat and nature of the disease. That no physician was called in to attend the negro does not defeat the purchaser's right to recover upon the warranty of soundness. Most Relevant Cases  
Wells v. Fletcher 17 Ark. 581, Supreme Court of Arkansas (January 01, 1856) 1856 This cause has been brought into this court by appeal from the circuit court of Pulaski county. It originated in the probate court of that county, and was an application there by the administrator, who is the appellant here, for an order for the sale of either lands or slaves, as the probate court might deem best, for the payment of debts against... Most Relevant Cases  
West v. Forrest 22 Mo. 344, Supreme Court of Missouri (January 01, 1856) 1856 1 The rejection by the court trying the cause of a competent juror is no ground for reversal in the supreme court, there being no valid objection to the jurors empannelled. 2. A party, in whipping a female slave, unintentionally but recklessly inflicted blows upon her mistress. In an action by the mistress, held, that the defendant's liability was... Most Relevant Cases  
West v. Sloan 3 Jones Eq. 102, Supreme Court of North Carolina (December 01, 1856) 1856 Sarah Sloan, by her last will, bequeathed to the plaintiff Fanny a negro woman named Hannah. The bequest is in the following words: It is my will and desire that, immediately after my death, my son James Sloan take into his possession my negro woman Hannah, for the use of my daughter Fanny West, and dispose of her in such manner as he thinks best... Most Relevant Cases  
Wilson v. Ivy 3 George 233, High Court of Errors and Appeals of Mississippi (October 01, 1856) 1856 STATUTE OF LIMITATIONS: FRAUD.-A right of action accrues to the purchaser of a slave against a third person, for false and fraudulent representations, made by the latter in relation to the title of the slave, from the date of such representations; and hence, the Statute of Limitations will commence running from that time, and not from the date of... Most Relevant Cases  
Wilson v. Smith 10 Md. 67, Court of Appeals of Maryland (December 01, 1856) 1856 This was an action of replevin, instituted in the circuit court for Calvert county, on the 30th day of April 1850, for the recovery of negro woman named Milly, claimed by the plaintiff as the property of Samuel Owens, late of that county. The usual pleas in replevin were filed, including actio non accrevit infra tres annos. The plaintiff proved... Most Relevant Cases  
Adams v. Dickson 23 Ga. 406, Supreme Court of Georgia (August 01, 1857) 1857 [1.] In an action of trover by the administrator of the wife, against one claiming under the husband who was dead, the plaintiff offered in evidence, as an ancient document, a writing having subscribed to it, the names of the husband and the wife; the writing related to her negroes, and was more than thirty years old; it was found among the papers... Most Relevant Cases  
Agee v. Williams 30 Ala. 636, Supreme Court of Alabama (June 01, 1857) 1857 [DETINUE FOR A SLAVE.] APPEAL from the Circuit Court of Monroe. Tried before the Hon. THOMAS A. WALKER. Most Relevant Cases  
Airey v. Holmes 5 Jones (NC) 142, Supreme Court of North Carolina (December 01, 1857) 1857 A deed of gift of slaves, taken into open court by the donor, and there acknowledged, for the purpose of registration, and, accordingly, registered, was Held to be delivered, and a written declaration on the same, afterwards, that it had not been delivered, and was not to have effect, did not invalidate it. The holding of the property by the... Most Relevant Cases  
Allen v. Russell 19 Tex. 87, Supreme Court of Texas (January 01, 1857) 1857 Where the defendant in execution has such an interest in property as may be subjected to the execution (and in this case he also had possession of the property), the rights of others in the property cannot be asserted by a claim of property under the statute. A loan of certain slaves to husband and wife for the purpose of raising and supporting... Most Relevant Cases  
Allen v. Urquhart 19 Tex. 480, Supreme Court of Texas (January 01, 1857) 1857 In 1838 no particular ceremony or form was necessary to make a valid sale by the husband and wife of the wife's slaves; a verbal sale, accompanied by delivery, with the wife's consent, was sufficient, if the sale was otherwise legal. If it were admitted that to make sales of property of the wife binding upon her under the Spanish law it was... Most Relevant Cases  
American Colonization Soc. v. Gartrell 23 Ga. 448, Supreme Court of Georgia (August 01, 1857) 1857 By its charter, the American Colonization Society is authorized and empowered to receive property by bequest or otherwise, and to use or dispose of it, at its discretion, for the purpose of colonizing, with their own consent, in Africa, the free people of color residing in the United States; and for no other purpose whatever. Francis... Most Relevant Cases  
Anderson v. State 20 Tex. 5, Supreme Court of Texas (January 01, 1857) 1857 There was no law in November, 1856, under which an indictment could be sustained against the master for permitting a slave to hire his own time. Appeal from Guadalupe. Tried below before the Hon. Thomas H. DuVal. The facts are stated in the opinion. This is a prosecution instituted in November, 1856, for permitting a slave to hire his own time.... Most Relevant Cases  
Arendale v. Samuel D. Morgan & Co. 5 Sneed (TN) 703, Supreme Court of Tennessee (December 01, 1857) 1857 This bill was brought to compel the surrender of a slave, named Frank, in the possession of the defendants, and claimed to be the property of complainant. The facts of the case are these: On the 9th day of December, 1854, the complainant made an exchange of slaves, with a stranger, calling himself James Vichouse, in Jackson county, alabama, the... Most Relevant Cases  
Arline v. Miller 22 Ga. 330, Supreme Court of Georgia (May 01, 1857) 1857 Sarah Miller filed her bill against Jethro Arline, as executor of the will of Enoch Tootle, deceased, requiring the sale of a negro man named Abram, and one hundred and ninety acres of land, alleged to have been assigned as dower to the widow of William Tootle, deceased, on whose estate the said Enoch Tootle had administered, and for other relief.... Most Relevant Cases  
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