TitleCitationYearSummaryMost RelevantTypeStatus
Edwards v. Welton 25 Mo. 379, Supreme Court of Missouri (July 01, 1857) 1857 This is an attempt, by an action in the nature of trover, to execute a constructive trust. The prayer of the petition is for the possession and delivery of the slave, and in default of delivery, a judgment for his value and his hire. In this aspect of the case, if the facts warranted it, the plea of the statute of limitations was a defense to the... Most Relevant Cases  
Ellis v. Mathews 19 Tex. 390, Supreme Court of Texas (January 01, 1857) 1857 If the plaintiffs induced old Mrs. Ellis to sign the deed of gift by declaring that they did not intend to take the slaves out of her possession during her life, thus causing her to believe that she was not to be deprived of their service, and they intended the contrary, can it be doubted that it was a deceit? If it was upon the faith of this... Most Relevant Cases  
Epperson v. Young 19 Tex. 475, Supreme Court of Texas (January 01, 1857) 1857 This cause is for the fourth time before this court. The judgment is now for defendant. The paramount question is, whether the claim of the plaintiff to the slaves in question was barred by the statute of limitations. This was the defense relied on by the defendant, and if it be sustained by the proof, the judgment cannot be reversed, although... Most Relevant Cases  
Fail v. McArthur 31 Ala. 26, Supreme Court of Alabama (June 01, 1857) 1857 [TROVER FOR CONVERSION OF SLAVES.] APPEAL from the Circuit Court of Wilcox. Tried before the Hon. JOHN GILL SHORTER. Most Relevant Cases  
Fairly v. Thompson 5 George 101, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 CHANCERY: FRAUD: DECREE IN PROBATE COURT OBTAINED BY FRAUD SET ASIDE.-The testator, in his lifetime, and after the publication of his will, gave all his slaves, thereby bequeathed, to those of his children whom he had not previously advanced; and the executor, by mistake, returned the slaves so given and their increase in his inventory. The heirs... Most Relevant Cases  
Fant v. Martin 10 Rich. 428, Court of Appeals of Law of South Carolina (May 01, 1857) 1857 Special injunction requiring defendant in Equity to give bond not to remove a slave, &c., granted by Commissioner, upon condition that plaintiff in Equity give bond to pay all damages defendant might sustain in case of plaintiff's failure in his bill:Held, that the bond given by plaintiff was voidthe Commissioner having no authority... Most Relevant Cases  
Felton v. White 4 Jones (NC) 301, Supreme Court of North Carolina (June 01, 1857) 1857 The plaintiff excepts only to that portion of his Honor's charge which relates to the payment made by the plaintiff to the witness, Townsend. The latter had a life-estate in certain slaves, among whom was the negro Tom, the subject of this suit, and all of whom he sold to the plaintiff, as is alleged, at the price of $2,000, which was their value.... Most Relevant Cases  
Folden v. Hendrick 25 Mo. 411, Supreme Court of Missouri (July 01, 1857) 1857 1. If a slave give a watch to his wife, who is owned by another master, a third person, who obtains possession of the watch wrongfully, will not be permitted to deny the validity of the transfer in a suit brought against him, by the owner of the wife, to recover its value--the owner of the husband not objecting to the disposition made by his slave... Most Relevant Cases  
Folk v. Varn 9 Rich.Eq. 303, Court of Appeals of Equity of South Carolina (May 01, 1857) 1857 An instrument in form a deed, but using the word bequeath in addition to give, grant, deed, bargain, and sell, by which the donor conveyed certain slaves to his son, J. H., to have and to hold them absolutely, with a proviso, (1) that the donor should keep and enjoy the use for life, and (2) that if J. H. die without leaving issue, or in... Most Relevant Cases  
Freeman v. Okey 3 Jones Eq. 473, Supreme Court of North Carolina (December 01, 1857) 1857 The clause in the testator's will, in which he gives to his wife, all his stock of horses, cattle, hogs, &c., immediately follows that in which he devised all his landed estate, after the death of his wife, one half to the heirs of his daughter Eliza Ragsdale, and the other half to the heirs of his other daughter, Lavinia Freeman; and it is... Most Relevant Cases  
Gardner v. Boothe 31 Ala. 186, Supreme Court of Alabama (June 01, 1857) 1857 [DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. ROBERT DOUGHERTY. Most Relevant Cases  
Gass v. Mason 4 Sneed (TN) 497, Supreme Court of Tennessee (September 01, 1857) 1857 The complainant, by her next friend, brings this bill for the purpose of setting aside two bills of sale made by her to Mrs. Mason for a female slave, one of which was executed on the 8th day of June, 1854, and the other on the 12th day of the same month. The bill charges that in 1846 complainant was stricken with paralysis, by which she was unable... Most Relevant Cases  
George v. English 30 Ala. 582, Supreme Court of Alabama (June 01, 1857) 1857 [DETINUE FOR SLAVE.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. ROBERT DOUGHERTY. Most Relevant Cases  
Gilchrist v. Patterson 18 Ark. 575, Supreme Court of Arkansas (January 01, 1857) 1857 This was replevin in the detinet, for a slave named Westley, brought by Monroe Gilchrist against James W. Patterson, in the White circuit court. The action was commenced 24th March, 1856. Under the writ, the slave was taken by the sheriff, and delivered to the plaintiff. The defendant pleaded non detinet, property in himself, and property in John... Most Relevant Cases  
Gunter v. Leckey 30 Ala. 591, Supreme Court of Alabama (June 01, 1857) 1857 [TROVER FOR CONVERSION OF SLAVES.] APPEAL from the Circuit Court of Lawrence. Tried before the Hon. SYDENHAM MOORE. Most Relevant Cases  
Hadden v. Leibeschultz 11 Rich. 505, Court of Appeals of Law of South Carolina (November 01, 1857) 1857 For beating a slave in the possession of a bailee, the owner is not entitled to recover the penalty of fifty dollars imposed by the Act of 1839, 11 Stat. 58. Most Relevant Cases  
Hall v. Davis 3 Jones Eq. 413, Supreme Court of North Carolina (December 01, 1857) 1857 The five notes taken in satisfaction for the note of $700, were the property of the plaintiff's testator. These notes were converted by the defendant's intestate for the slaves now in controversy. So the plaintiff has a plain equity to follow the fund, and have the defendant declared a trustee for him in respect to the slaves. The defendant's... Most Relevant Cases  
Harrell v. Norvill 5 Jones (NC) 29, Supreme Court of North Carolina (December 01, 1857) 1857 A warranty that a slave is sound in mind and health is not broken by the existence of a contraction of the little finger of each hand, though it diminished the usefulness and value of the slave. ACTION of COVENANT, tried before SAUNDERS, Judge, at Fall Term, 1857, of Edgecombe Superior Court. The following is the covenant declared on,... Most Relevant Cases  
Harris v. Maury 30 Ala. 679, Supreme Court of Alabama (June 01, 1857) 1857 [ACTION ON NOTE GIVEN FOR HIRE OF SLAVE.] APPEAL from the Circuit Court of Sumter. Tried before the Hon. C. W. RAPIER. Most Relevant Cases  
Hedgepeth v. Robertson 18 Tex. 858, Supreme Court of Texas (January 01, 1857) 1857 Where the highway is impassable, or it is necessary in order to extricate a wagon and team from a bog in the highway, it is lawful to lay down a fence by the side of the highway, and pass through the field; this may be done by a slave, in his master's service, his master being responsible for the proper exercise of the right. There can be nothing... Most Relevant Cases  
Henry v. Graham 9 Rich.Eq. 346, Court of Appeals of Equity of South Carolina (May 01, 1857) 1857 An administrator who hired slaves to the Wilmington and Manchester Railroad Company to be employed upon their road in North Carolina, as track hands:- Held, not to be liable for the slaves-they having been killed without fault on the part either of the Company or the administrator. Most Relevant Cases  
Hogg v. Capehart 5 Jones Eq. 71, Supreme Court of North Carolina (June 01, 1857) 1857 Where a testator directs, in his will, that his slaves shall be freed, it is the duty of the executor to see that the wish of the testator is carried into effect at the expense of his estate. The hires of slaves, ordered to be emancipated, must be first applied to the expenses of their removal, and if they prove insufficient, the remainder must be... Most Relevant Cases  
Hollingsworth v. Handcock 7 Fla. 338, Supreme Court of Florida (March 01, 1857) 1857 This cause comes up upon appeal from a decree of the Circuit Court for Hillsborough county, sitting in Chancery. The object of the bill is to redeem a slave called Harriet, therein alleged to have been mortgaged to the defendant Handcock, and by him sold to the defendant Brown; while the defence set up by the answers is, that the transaction... Most Relevant Cases  
Holmes v. Caldwell 10 Rich. 311, Court of Appeals of Law of South Carolina (January 01, 1857) 1857 C. in order to induce H. to do the draying business of a firm of which C. was a member, assured him that he should have all the business of the firm, and that he would have as much as he could do for a year or two. H., thus assured, undertook the business, and incurred considerable expense in purchasing slaves, horses, drays, &c. In about five... Most Relevant Cases  
Hook v. Stovall, Dunn & Co. 21 Ga. 69, Supreme Court of Georgia (January 01, 1857) 1857 [1.] New trial ordered because the verdict of the Jury is contrary to evidence. Complaint, in Jefferson Superior Court, before HOLT, Judge, June Term, 1856. This was an action on a promissory note, brought by Stovall, Dunn and Co., against Edward B. Hook. It appeared that the consideration of the note, was the purchase money of a slave named Mary,... Most Relevant Cases  
Hoover v. Wells 4 George 536, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. HUSBAND AND WIFE: EXCHANGE OF SLAVES BY WIFE, A PURCHASE ON CONDITION THAT SHE CONVEY A GOOD TITLE.If a feme covert exchange one of her slaves, held as a separate estate under the laws of this State, for another, the transaction is but a purchase, on her part, of the slave acquired by the exchange, upon the condition that she conveys... Most Relevant Cases  
Hoshall v. Hoffacker 11 Md. 362, Court of Appeals of Maryland (December 01, 1857) 1857 The 28th section of the 4th article of the constitution provides for removals in all suits or actions at law, issues from the orphans court, or from any court sitting in equity, in petitions for freedom, and in all presentments and indictments then pending, or which might be pending at the time of the adoption of the constitution by the people,... Most Relevant Cases  
Houck v. Camplin 25 Mo. 378, Supreme Court of Missouri (July 01, 1857) 1857 1. By the law of Kentucky, in the year 1830, slaves vesting in a wife, whether in remainder or otherwise, although not reduced to possession by the husband, passed to the husband upon her death in case he survived. Error to Boone Circuit Court. I. The right of succession to the estate of intestates is governed by the laws of the domicile of the... Most Relevant Cases  
Houston v. Bibb 5 Jones (NC) 83, Supreme Court of North Carolina (December 01, 1857) 1857 1st. The fact that the plaintiff Houston, as a creditor of Milton Moore, in an action against the defendant James, as administrator of Milton, charged him with the value of the slave Pene as assets, does not create an estoppel in this action, for it is not inconsistent with the fact, that the defendant James, by the proceeding for a partition, had... Most Relevant Cases  
Houston v. Moore 4 Jones (NC) 522, Supreme Court of North Carolina (August 01, 1857) 1857 Where A sold a slave to B, and took a bond for the purchase-money, giving at the same time, a bill of sale for the slave, the surrender of the bond to the obligee afterwards, without its being discharged, is not evidence in a suit brought by B for the detention of the slave. THIS was an action of REPLEVIN, for slaves, tried before BAILEY, Judge, at... Most Relevant Cases  
Ireland v. Foust 3 Jones Eq. 498, Supreme Court of North Carolina (December 01, 1857) 1857 The rule is settled that, under a general residuary clause, every thing passes that is not disposed of by the will. It may be true that the testatrix did not know she was entitled to the absolute property in the slaves; we are inclined to think such was the fact, because she seems to have been doubtful whether there would be any thing left after... Most Relevant Cases  
Jackson v. Bob 18 Ark. 399, Supreme Court of Arkansas (January 01, 1857) 1857 On the trial of a petition for freedom by a negro, the presumption is against him, that he is a slave, that being the condition of the negro race generally in this State; and he must prove his right to freedomeither that he was born free, or had been emancipated according to law. The declarations of the master, that the slave, upon arriving... Most Relevant Cases  
James v. Carper 4 Sneed (TN) 397, Supreme Court of Tennessee (April 01, 1857) 1857 This was an action of trespass brought in the circuit court of Hardeman by Mrs. James, for an assault and battery committed by the defendant on a slave named Bill, the property of the plaintiff. Judgment was rendered for the defendant in the court below, and the case is brought here on an appeal in error prosecuted by the plaintiff. It appears from... Most Relevant Cases  
Johnson v. Morris 21 Ga. 238, Supreme Court of Georgia (January 01, 1857) 1857 It is not pretended that the negro, for whose hire this suit is brought, was originally hired by Johnson of Morris. It is insisted however, that under a contract between Jones and Johnson, Johnson was to become paymaster to Morris. Morris contends that the agreement was absolute; Johnson that it was conditional. Let it be either way, it was a parol... Most Relevant Cases  
Jones v. Briscoe 24 Mo. 498, Supreme Court of Missouri (March 01, 1857) 1857 The questions in this case arise upon the instructions given to the jury, and also on those refused to be given. The facts show that the plaintiff, Jones, married Artemesia, the youngest daughter of John Briscoe, Sr.; that when Jones and his wife moved home to house-keeping, Mrs. Jones took the negro woman Amanda along with them. The negro woman... Most Relevant Cases  
Jones v. Trawick's Adm'r 31 Ala. 253, Supreme Court of Alabama (June 01, 1857) 1857 [TROVER FOR CONVERSION OF SLAVE.] APPEAL from the Circuit Court of Marengo. Tried before the Hon. ROBERT DOUGHERTY. Most Relevant Cases  
Jones v. Walkup 5 Sneed (TN) 135, Supreme Court of Tennessee (December 01, 1857) 1857 James Jones died in Rutherford county, and under a proceeding in the county court, the slaves and real estate were sold by commissioners, on the 7th December, 1855, and the report of said sale was confirmed at February term, 1856, of said court. The notes for the purchase-money of slaves or land were placed in the hands of the commisioners for... Most Relevant Cases  
Jordan v. State 22 Ga. 545, Supreme Court of Georgia (June 01, 1857) 1857 [1] In an indictment for the murder of a slave, it is not necessary to aver that the slave was not in a state of insurrection at the time, nor that the death did not happen by accident, in giving the slave moderate correction. Such matter must come in as a defence. [2.] When a new county is formed from an old one, and before its formation a crime... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Kennington v. Williams 30 Ala. 361, Supreme Court of Alabama (January 01, 1857) 1857 [TROVER FOR CONVERSION OF SLAVES.] APPEAL from the Circuit Court of Barbour. Tried before the Hon. E. W. PETTUS. Most Relevant Cases  
King v. Phillips 1 Houst. 349, Superior Court of Delaware (April 01, 1857) 1857 Leave to amend will only be granted on payment of the costs of the term, if the amendment is such as to require a continuance of the case on the other side. In a devise to a wife, during her widowhood, of one-half of a farm, also a negro slave, Hetty; further, I will unto her the privilege of getting firewood, &c., on any of my land; further, I... Most Relevant Cases  
Kitty v. Commonwealth 18 B.Mon. 522, Court of Appeals of Kentucky (December 14, 1857) 1857 1. A deed using the following language in regard to a slave, hereby emancipated and set free the said girl Kitty, gives an immediate vested right to freedom, though the same deed postpones the right to enjoy freedom. 2. A vested right to freedom, granted to a slave before the adoption of the present constitution, though the enjoyment... Most Relevant Cases  
Kyler v. Dunlap 18 B.Mon. 561, Court of Appeals of Kentucky (December 23, 1857) 1857 Dunlap sued out executions of fieri facias from the office of a justice of the peace upon two judgments which he had recovered against the appellant, Stephen Kyler, a free man of color. These executions were placed in the hands of Arnold, a constable, who levied them upon the appellant, Cynthia Kyler. Stephen and Cynthia Kyler filed their petition... Most Relevant Cases  
Lane v. Bennett 3 Jones Eq. 390, Supreme Court of North Carolina (December 01, 1857) 1857 Slaves were bequeathed by name to the testator's widow, but after the testator's death they were recovered from the executor by a decree of the court of equity as having been mortgaged to him. It was Held that the legatee was entitled to the money paid for the redemption of the slaves, but that the legatee had no claim to have her legacy made good... Most Relevant Cases  
Lawrence v. Lawrence's Ex'x 24 Mo. 269, Supreme Court of Missouri (January 01, 1857) 1857 This was an action for the possession of a negro slave, named Sam. Plaintiff relied for proof of title upon a deed executed by defendant's testator. By this deed Edward Lawrence, defendant's testator, sold and conveyed said negro boy, Sam, to one Rice, in trust, however, so the deed proceeds to declare, for the uses hereinafter mentioned, viz:... Most Relevant Cases  
Layson v. Rogers 24 Mo. 192, Supreme Court of Missouri (January 01, 1857) 1857 1. A. executed a deed of gift of a slave to B. with a reservation to the donor during her life-time of the use and benefit of the labor of the slave--the donee to take possession at the death of the donor; held, that this deed, being unrecorded and unaccompanied with possession in the donee, was void, under section four of the act... Most Relevant Cases  
Lea v. Brown 3 Jones Eq. 141, Supreme Court of North Carolina (June 01, 1857) 1857 A bequest of slaves, with a provision by which they may be supported without working like other slaves, is a violation of the policy of the State and void. A bequest of two hundred acres of land and three thousand dollars, with a family of slaves, who were valuable, with a provision that on the death or insolvency of the legatee, one of the slaves... Most Relevant Cases  
Leary v. Nash 3 Jones Eq. 356, Supreme Court of North Carolina (December 01, 1857) 1857 Children of a female slave directed by will to be liberated, born after the making of the will and before the death of the testator, are not entitled to their freedom. CAUSE removed from the Court of Equity of Cumberland county. The bill was filed to obtain a construction upon the will of Solomon W. Nash. One of the questions presented to the Court... Most Relevant Cases  
Lemmon v. People ex rel. Napoleon 26 Barb. 270, Supreme Court, General Term, New York (January 01, 1857) 1857 The act of the legislature of this state, passed in 1817, and re-enacted in parts in 1830, (1 R. S. 656,) declaring that no person held as a slave shall be imported, introduced, or brought into this state on any pretense whatever, except in the cases thereinafter specified, and that every such person shall be free,... Most Relevant Cases  
Lindsey v. Lindsey 5 George 432, High Court of Errors and Appeals of Mississippi (October 01, 1857) 1857 1. SALE: WARRANTY: REPRESENTATIONS AS TO QUALITY, NOT HEARD BY THE PURCHASER, NOT BINDING.The vendor of a slave, sold at auction, is not bound by representations in relation to quality, which were made by him privately to some of the bidders, unless it appear that the purchaser heard them. 2. SAME: FRAUDULENT REPRESENTATION NOT RELIED ON, NO... Most Relevant Cases  
Lingo v. Miller 23 Ga. 187, Supreme Court of Georgia (June 01, 1857) 1857 When a slave is indicted, the master is not bound to employ lawyers, to assist in the slave's defence. Complaint, in Marion. This was an action by Miller & Hill, attorneys at law, against John R. T. Lingo, for the recovery of two hundred dollars, charged by plaintiffs for professional services rendered in the defence of a negro slave belonging to... Most Relevant Cases  
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