TitleCitationYearSummaryMost RelevantTypeStatus
Askew v. Nolan 23 Ga. 509, Supreme Court of Georgia (November 01, 1857) 1857 J. F. conveyed five slaves to certain persons to be held in trust for, and for the use, support, benefit, maintainance and enjoyment of his daughter V. B. A., and her children, but should his daughter die, leaving no child or children; or, having child or children, if it or they die in minority, the trust was to cease and the conveyance to... Most Relevant Cases  
Bailey v. Barnelly 23 Ga. 582, Supreme Court of Georgia (November 01, 1857) 1857 [1.] Was the Court right in refusing a continuance? Not a material fact necessary to a continuance of the cause was verified. The defendant, Bailey, stated to his counsel that he left the Court in consequence of the dangerous illness of one of his slaves. He declared it to be his intention to return, if it were possible for him to do so, and that... Most Relevant Cases  
Baines v. Drake 5 Jones (NC) 153, Supreme Court of North Carolina (December 01, 1857) 1857 Where a slave is directed, in a will, to be sold after the expiration of a life-property therein, the executor is the proper party to make the sale, though not specially directed so to do. Where power is given by a will to two executors to sell a slave, and one of them makes a parol sale, accompanied by a delivery, which is afterwards concurred in... Most Relevant Cases  
Baucum v. Streater 5 Jones (NC) 70, Supreme Court of North Carolina (December 01, 1857) 1857 The action is in Assumpsit to recover damages for a false warranty of soundness of a negro woman named Mary. The contract of warranty was made on 14th of January, 1852, and the writ issued on the 2nd day of October, 1855. The defendant relies on the statute of limitations. The sole question for us to decide is, when did the plaintiff's right of... Most Relevant Cases  
Beale's Adm'r v. Dale 25 Mo. 301, Supreme Court of Missouri (July 01, 1857) 1857 This is an action, instituted in the Circuit Court of St. Clair county, by Metcalf, as the administrator de bonis non of the estate of James Beale, deceased, against Dale, in the nature of an action of detinue, for the recovery of the possession of a negro girl slave. The plaintiff alleges that Beale died, the owner of the slave; that he, by virtue... Most Relevant Cases  
Bell v. Walker 5 Jones (NC) 43, Supreme Court of North Carolina (December 01, 1857) 1857 Where a slave, of ordinary capacity, was apprenticed to a ship-carpenter, to learn the trade of a ship-carpenter and caulker, it was Held to be no defense in an action for a breach of his covenant, that the apprentice was obstinate and unwilling to learn the trade. The value that would have been added to the slave by the trade, was Held to be the... Most Relevant Cases  
Berry v. Diamond 19 Ark. 262, Supreme Court of Arkansas (July 01, 1857) 1857 Action of debt upon promissory notes: Pleas, 1st, that the notes were given for the hire of slaves, who, after being delivered to the defendant, ran off before the expiration of the term of hiring, and were harbored by the plaintiff, who refused to redeliver them on demand; and 2d, partial failure of consideration: Held, that where parties enter... Most Relevant Cases  
Berry v. Hubbard 30 Ala. 191, Supreme Court of Alabama (January 01, 1857) 1857 [TRIAL OF RIGHT OF PROPERTY IN SLAVES.] APPEAL from the Circuit Court of Tallapoosa. 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.
Berryman v. U.S. , United States Court of Claims (February 02, 1857) 1857 By the fourth section of the act of May 10, 1800, (2 Stat., 70, 71,) it is provided, that any vessel employed in the slave trade may be seized by any of the commissioned vessels of the United States, together with her tackle, apparel, and guns, and the goods and effects, other than slaves, which shall be found on board, shall be forfeited,... Most Relevant Cases  
Blue v. Peneston 24 Mo. 240, Supreme Court of Missouri (January 01, 1857) 1857 1. A deed of gift of certain negroes, after reciting that the donor had long since had it in contemplation to give said negroes to his daughter, to be entailed upon her and her heirs, proceeded as follows: Now, therefore, know ye that in consideration of the natural love and affection that I entertain and feel for my daughter, Susan M. Kerr,... Most Relevant Cases  
Booty v. Brazier 22 Ga. 20, Supreme Court of Georgia (March 01, 1857) 1857 A. agrees with B., that in consideration of the labor and service of certain slaves held and owned by B., he will maintain, or cause B. to be suitably supported, for and during the term of her natural life, and A. executes and delivers to B. his obligation to that effect. Held, that the transfer of A.'s interest in the slaves to C., is a sufficient... Most Relevant Cases  
Bossard v. White 9 Rich.Eq. 483, Court of Appeals of Equity of South Carolina (November 01, 1857) 1857 A father conveyed by deed certain slaves to W., in trust for his seven children then living, reserving to himself the use during his natural life; and from and immediately after his death to be taken in trust by the said W., and as the children before mentioned arrive at age or marry, at which time the said negroes and their increase to be equally... Most Relevant Cases  
Brady v. Price 19 Tex. 285, Supreme Court of Texas (January 01, 1857) 1857 In a suit by an overseer for his wages, the defendant may plead in reconvention damages, caused by the willful injury of defendant's slaves by the plaintiff, during his employment as overseer. [11 Tex. 28; 14 Tex. 153; 21 Tex. 358; 26 Tex. 302.] An overseer is not justified in shooting with small shot a slave of his employer who has refused to... Most Relevant Cases  
Brice v. Lide 30 Ala. 647, Supreme Court of Alabama (June 01, 1857) 1857 [TRIAL OF RIGHT OF PROPERTY IN SLAVES.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. ROBERT DOUGHERTY. Most Relevant Cases  
Broach v. Kitchens 23 Ga. 515, Supreme Court of Georgia (November 01, 1857) 1857 The whole will is to be taken together, and to every part of it, operation is to be given, if possible, but, if this is not possible, then, in the necessary conflict of parts, the later part must prevail over the earlier. In sections two, three, and four, of his will, the testator gives his land, negroes, stock, and all the rest of his property,... Most Relevant Cases  
Brooks v. State 30 Ala. 513, Supreme Court of Alabama (June 01, 1857) 1857 [INDICTMENT FOR SELLING SLAVES WITHOUT LICENSE.] FROM the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. Most Relevant Cases  
Brown v. Hurt 31 Ala. 146, Supreme Court of Alabama (June 01, 1857) 1857 [TRIAL OF RIGHT OF PROPERTY IN SLAVE.] APPEAL from the Circuit Court of Perry. Tried before the Hon. ANDREW B. MOORE. Most Relevant Cases  
Brown v. Lane 19 Tex. 203, Supreme Court of Texas (January 01, 1857) 1857 This court has heretofore determined, in accordance with the current of authorities, that a valid levy and sale of an undivided interest of a part owner of slaves cannot be made without the slaves being present at the time of the levy and sale, or in some way under the control of the sheriff. Where a sheriff's sale of the interest of the defendant... Most Relevant Cases  
Brown v. Pratt 3 Jones Eq. 202, Supreme Court of North Carolina (June 01, 1857) 1857 It is very clear that the plaintiffs have not, by their bill, shown any title to the slaves, with respect to whom they seek relief. They claim under a bill of sale which they allege was executed in Virginia, by which the female slave, of whom the others are the children, was limited to the defendant Mrs. Carden for life, with remainder to her four... Most Relevant Cases  
Burns v. Ray 18 B.Mon. 392, Court of Appeals of Kentucky (October 09, 1857) 1857 1. A testator in one clause of his will devised to his wife a life estate in a negro man and a woman, and at his wife's death the negro woman and her increase to go to the children of his daughter, M. R., and his son James, in equal portions. In a subsequent clause he devised other slaves to the children of his daughter, M. R.--a plantation and two... Most Relevant Cases  
Cain v. Hawkins 5 Jones (NC) 192, Supreme Court of North Carolina (December 01, 1857) 1857 We are clearly of opinion that the exception of the plaintiff cannot be sustained. The testimony shows, beyond doubt, that he was present at the sale of the slave Sam, and concurred in the generally expressed desire that John P. Hawkins should buy him at an undervalue. He was one of those who signed the agreement to become one of the said John's... Most Relevant Cases  
Caldwell v. Dickson 26 Mo. 60, Supreme Court of Missouri (October 01, 1857) 1857 1. Where a slave is hired for a fixed period, the hire to be paid at the expiration of the period, the master can recover nothing for the services of his slave if without legal cause he takes his slave away before the expiration of the contract term of service. (Caldwell v. Dickson, 17 Mo. 575, affirmed.) 2. It is the province of the court and not... Most Relevant Cases  
Calhoun v. Buffington 25 Mo. 443, Supreme Court of Missouri (July 01, 1857) 1857 From the facts set forth in the agreed case, upon which the mandamus against the auditor is prayed for, this court must refuse the writ. The State is only liable to pay the costs in a prosecution against a slave when the slave has been convicted and executed capitally. Conviction alone and escape before execution will not put the costs on the... Most Relevant Cases  
Carew v. Love's Adm'r 30 Ala. 577, Supreme Court of Alabama (January 01, 1857) 1857 [DETINUE FOR SLAVE.] APPEAL from the Circuit Court of Autauga. Tried before the Hon. ROBERT DOUGHERTY. Most Relevant Cases  
Carter v. State 20 Tex. 339, Supreme Court of Texas (January 01, 1857) 1857 In an indictment under the act of 1850 (ch. 58, sec. 1), against a master, for knowingly permitting his slave to carry fire-arms at other place than on his own plantation, it was held to be erroneous to instruct the jury that the law presumes that every man is informed of any habitual or usual acts of his own slave, unless that presumption is... Most Relevant Cases  
Cartwright v. Cartwright 18 Tex. 626, Supreme Court of Texas (January 01, 1857) 1857 Under the laws in force in this country as well before as since the year 1840, the slaves owned by the husband or wife before marriage, remained his or her separate property; and the children of such slaves, born after the marriage, were and are the separate property of the owner of the mother. Error from Montgomery. Tried below before the Hon.... Most Relevant Cases  
Chesnut v. Meares 3 Jones Eq. 416, Supreme Court of North Carolina (December 01, 1857) 1857 The right of the petitioners to a partition of the slaves in question, depends upon the construction of the instrument executed on 10th of February, 1819, by Joab Meares to Philip Coleman, as trustee for his wife and children. The instrument is not very formal in its structure, nor altogether technical in its language, yet, we think, there is not... Most Relevant Cases  
Childers v. Childers 21 Ga. 377, Supreme Court of Georgia (January 01, 1857) 1857 This clause must be interpreted as it stands, without aid from any other part of the will. The words, at her death, used by the testator cannot vary the legal and technical meaning of the words, heirs of her body. It is the same thing as if he had said that I give and bequeath my negro Clarissa and her increase, to my daughter Nancy Childers,... Most Relevant Cases  
Clark v. Jetton 5 Sneed (TN) 229, Supreme Court of Tennessee (December 01, 1857) 1857 On the 29th of April, 1851, John L. Jetton made his will, disposing of all his property to his wife, children, and grandchildren. He gave to his wife one-third of his land for life, and one-tenth of all his slaves and other personal property, after the payment of debts and expenses. Item 3. After the payment of debts and expenses aforesaid, and... Most Relevant Cases  
Clark v. Slaughter 5 George 65, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. HUSBAND AND WIFE: WIFE'S POWER TO SELL HER SLAVES, HELD UNDER ACT OF '39 AND '46.The title of a married woman to a slave held by her under the laws of this State, can only be divested in the mode prescribed by the statute; and hence, where a guardian, after the marriage of his ward, under the direction of the Court of Probates, purchased... Most Relevant Cases  
Cole v. Varner 31 Ala. 244, Supreme Court of Alabama (June 01, 1857) 1857 [BILL IN EQIUTY BY FEME COVERT, AGAINST PURCHASER AT EXECUTION SALE AGAINST HUSBAND, FOR RECOVERY OF SLAVE.] APPEAL from the Chancery Court of Lowndes. Heard before the Hon. WADE KEYES. Most Relevant Cases  
Collins v. Barksdale 23 Ga. 602, Supreme Court of Georgia (November 01, 1857) 1857 [1.] Where the bill charges that the tenant for life in slaves, in concert with others, is selling the same, and applying the money to the payment of her debts, a Court of Equity will take such steps to secure the preservation of the property for the remainder-man, as, in its discretion, under all the circumstances, it may deem best fitted for the... Most Relevant Cases  
Collins v. Hutchins 21 Ga. 270, Supreme Court of Georgia (January 01, 1857) 1857 [1.] If a negro is hired to work at a particular place, and the hirer removes him to a different place, without the consent of the owner, it is such a departure from the contract, as, if a loss ensues, makes the hirer liable. [2.] A charge not authorized by the evidence ought not to be given, on request of a party or his counsel. [3.] Arrest of... Most Relevant Cases  
Colvard v. Waugh 3 Jones Eq. 335, Supreme Court of North Carolina (August 01, 1857) 1857 The bill is filed to convert a deed, absolute on its face, into a mortgage, upon the ground that it was intended by the parties to be a security for money loaned. The plaintiff alleges that several executions were in the hands of the sheriff against him, and levied by him on a negro boy named Wesley; that on the day of sale he applied to Wm. P.... Most Relevant Cases  
Corley v. Corley 22 Ga. 178, Supreme Court of Georgia (March 01, 1857) 1857 Where slaves are given by A. in trust for the support and maintenance of his daughter and her children, during the lifetime of the daughter, and at her death, the negroes and their increase to be equally divided between the children of the daughter; and upon the death of the trustee, the property is taken possession of by the daughter, who permits... Most Relevant Cases  
Cotten v. Davis 4 Jones (NC) 416, Supreme Court of North Carolina (June 01, 1857) 1857 When a parent makes a parol gift of a slave to his child, it is held, that the effect of the act of 1806 is to make the child a bailee. Such a gift, however, differs essentially from a mere loan; (Cowan v. Tucker, 5 Ire. 78;) for the child accepts it with the expectation that it will be confirmed by the parent, in his life-time, or by his will, or... Most Relevant Cases  
Couch v. Jones 4 Jones (NC) 402, Supreme Court of North Carolina (June 01, 1857) 1857 To work a hired slave at the business of blasting rock, in the night time, when fragments of falling rocks could not be seen, would not be taking ordinarily reasonable care of such property. But if a hired slave of his own accord, against the directions of the hirer, without his knowledge or consent, in the twi-light, when his presence was not... Most Relevant Cases  
Crimm's Adm'rs v. Crawford 29 Ala. 623, Supreme Court of Alabama (January 01, 1857) 1857 [ACTION BY ADMINISTRATOR FOR RECOVERY OF SLAVES.] APPEAL from the Circuit Court of Pickens. Tried before the Hon. C. W. RAPIER. Most Relevant Cases  
Daniel v. Guy 19 Ark. 121, Supreme Court of Arkansas (July 01, 1857) 1857 Where a person, held as a slave, sues for freedom, and it manifestly appears that he belongs to the negro race, whether of full or mixed blood, he is presumed to be a slave, that bring the condition generally of such people in this State. If it appear that he belongs to the white race, he is presumed to be free. If it be doubtful, whether he belong... Most Relevant Cases  
Davis v. State 22 Ga. 101, Supreme Court of Georgia (March 01, 1857) 1857 An indictment against a person for playing and betting at cards, ought to state enough to show whether the person with whom the playing and betting was done, was a white person or a negro. Indictment for playing and betting at cards, from Cherokee Superior Court. The testimony having closed, defendant's counsel demurred to the indictment, and moved... Most Relevant Cases  
De Ende v. Wilkinson's Adm'r Not Reported in S.E. Rptr., Special Court of Appeals of Virginia (January 01, 1857) 1857 In 1830 Bacon Tait instituted suit in the Superior Court of Chancery for the Richmond District, against James P. Wilkinson of Richmond, and Henry De Ende of New Orleans; the object of which was to obtain a settlement of certain partnership transactions in relation to purchasing and selling negroes, and to recover what might appear [*665]to be due... Most Relevant Cases  
Denson v. Thompson 19 Ark. 66, Supreme Court of Arkansas (July 01, 1857) 1857 A deed of gift of slaves to a married woman, for her use, etc., for her natural life, with remainder to the heirs of her body, vests in her the absolute title, and the slaves pass to her husband. Appeal from the Circuit Court of Ashley county in Chancery. The Hon. Theodoric F. Sorrels, Circuit Judge. On the 28th of September, 1852, Elizabeth... Most Relevant Cases  
Dorsett v. Frith 21 Ga. 245, Supreme Court of Georgia (January 01, 1857) 1857 A. intermarried with B., a widow with several minor children. By the consent and counsel of the brothers of his wife, A. received at the same time a negro girl, with the understanding that the debts of the former husband were to be paid and the children raised and supported. C., one of the brothers, many years thereafter, administered on the estate... Most Relevant Cases  
Douglass v. Ritchie 24 Mo. 177, Supreme Court of Missouri (January 01, 1857) 1857 1. It is not sufficient to charge an owner of a slave for goods purchased and delivered to such slave, that the goods purchased were used by the slave for the benefit of the master, with his assent. This was an action to recover the value of goods, wares, etc., alleged to have been sold by plaintiff to defendant, and by defendant, per boy... Most Relevant Cases  
Dowd v. White 5 George 510, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. WILL: SPECIFIC LEGATEE OF SLAVES, ETC., ENTITLED TO HIRE OR INTEREST FROM TESTATOR'S DEATH, ALTHOUGH PAYMENT OR DELIVERY POSTPONED BY WILL.-In cases of specific legacies of stock, or a specific money security, or slaves, the interest or hire belongs to the legatee from the testator's death, although, by the terms of the will, the principal is... Most Relevant Cases  
Drake v. Glover 30 Ala. 382, Supreme Court of Alabama (January 01, 1857) 1857 [DETINUE FOR SLAVE.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. ROBERT DOUGHERTY. Most Relevant Cases  
Dred Scott v. Sandford 60 U.S. 393, Supreme Court of the United States (March 06, 1857) 1857 THIS case was brought up, by writ of error, from the Circuit Court of the United States for the district of Missouri. It was an action of trespass vi et armis instituted in the Circuit Court by Scott against Sandford. Prior to the institution of the present suit, an action was brought by Scott for his freedom in the Circuit Court of St. Louis... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Durden v. McWilliams 31 Ala. 206, Supreme Court of Alabama (June 01, 1857) 1857 [TRIAL OF RIGHT OF PROPERTY IN SLAVE.] APPEAL from the Circuit Court of Autauga. Tried before the Hon. ROBERT DOUGHERTY. Most Relevant Cases  
Easley's Ex'rs v. Easley 18 B.Mon. 86, Court of Appeals of Kentucky (June 10, 1857) 1857 This action was brought by the executor against the widow of the testator for several slaves, which, as alleged in the petition, she unlawfully detained from the plaintiff. The testator's will contained a specific devise of the slaves sued for, and therefore it is insisted that the title to them passed to the devisees, and not to the executor, and... Most Relevant Cases  
Echols v. Dodd 20 Tex. 190, Supreme Court of Texas (January 01, 1857) 1857 A manager, superintendent or overseer, under whose control a hired slave is placed, has authority (in the absence of proof to the contrary) to chastise him for misconduct; and in doing so, acts strictly in the line of his duty to his principal. It necessarily devolves on such manager, superintendent or overseer, by reason of his employment, to... Most Relevant Cases  
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