Title | Citation | Year | Summary | Most Relevant | Type | Status |
Lovett v. State |
19 Tex. 174, Supreme Court of Texas (January 01, 1857) |
1857 |
An attempt to commit a crime is defined to be an endeavor to accomplish it, carried beyond mere preparation, but falling short of the ultimate design, in any part of it. See this case for evidence which was held to be insufficient to sustain a conviction for attempting to steal or entice away a slave. Appeal from Upshur. Tried below before the Hon.... |
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Lowe v. Brooks |
23 Ga. 325, Supreme Court of Georgia (August 01, 1857) |
1857 |
John, James, and Emma Lowe were joint tenants of the slaves in dispute. John and perhaps James, died. The question is, whether John's interest in the slaves, in whole, or in part, went on his death, to Emma. By a rule of the common law, on the death of one joint tenant, the property, held in joint tenancy, whether real, or personal, went to the... |
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Malloy v. McNair |
4 Jones (NC) 297, Supreme Court of North Carolina (June 01, 1857) |
1857 |
A provision in a will that a certain female slave will be set free, if she behaves herself as a good character should do--to be under the care of my daughter J. and her daughters, conveys no interest, either legal or equitable, to the daughters of J. Where a script was attested by three witnesses, one of whom was incompetent on account of a... |
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Martin v. Letty |
18 B.Mon. 573, Court of Appeals of Kentucky (January 01, 1857) |
1857 |
The action in this case was properly brought against Barnett's administrator for the slaves claimed by the plaintiffs in their petition; and as the persons sued for by them set up a claim to freedom under Barnett's will, they were necessary parties, as this court has frequently held in analogous cases. The prayer that they might be subjected to... |
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May v. May |
7 Fla. 207, Supreme Court of Florida (January 01, 1857) |
1857 |
In the construction of a marriage settlement, the manifest intention of the grantor will prevail over the doubts which might be raised by strict grammatical construction. Where a father settles by deed of trust upon his certain daughter, certain slaves for life, and provided she married, then in trust for the joint use of herself and husband, and... |
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McKee v. Pope |
18 B.Mon. 548, Court of Appeals of Kentucky (January 01, 1857) |
1857 |
The petition in this case sets out three separate and distinct causes of action: 1. That the defendant Pope was indebted to McKee in the sum of five hundred dollars, by note dated the 1st day of January, 1853, payable twelve months thereafter. 2. That the note was given for the price of a negro woman which McKee had sold to Pope, and that on the... |
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McLean v. Waddill |
5 Jones (NC) 137, Supreme Court of North Carolina (December 01, 1857) |
1857 |
A diseased liver, accompanied with dropsical symptoms, and a swollen abdomen existing at the time of sale, which impaired the value of a slave, whether chronic or temporary, amount to a breach of a warranty of soundness. ACTION of COVENANT, tried before BAILEY, J., at the last Fall Term of Cumberland Superior Court. The action was brought for a... |
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McLure v. Hart |
19 Ark. 119, Supreme Court of Arkansas (July 01, 1857) |
1857 |
To an action upon a physician's bill for medical services rendered the slaves of the defendant, he offered to prove, under the plea of the general issue, that by the unskilfulness of the plaintiff the slaves were lost to him: Held, That the defence of recoupment must be pleaded specially, or notice of the special matter given at the time the... |
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McReynolds v. Jones |
30 Ala. 101, Supreme Court of Alabama (January 01, 1857) |
1857 |
[APPLICATION TO SET ASIDE DIVISION OF SLAVES.] APPEAL from the Probate Court of Wilcox. |
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Meek v. Holton |
22 Ga. 491, Supreme Court of Georgia (June 01, 1857) |
1857 |
[1.] An instrument was in substance as follows: This Indenture, made, &c. between John Taylor, Sr, and Sythia Meek, his daughter, witnesseth, that the said John, for the love which he has for his said daughter, hath given, granted, and conveyed, and does by these presents, give, grant, and convey to the said daughter, and her children, free from... |
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Meekin v. Thomas |
17 B.Mon. 710, Court of Appeals of Kentucky (January 26, 1857) |
1857 |
This is an action upon the case, instituted in the Fulton circuit on the 19th day of February, 1851, which was before the adoption of our Code of Practice. The suit was brought by Thomas against Meekin, who was the captain and commander of the steamboat Empire, to recover the value of a negro boy, Lewis, hired to Meekin as a fireman, who made his... |
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Mills v. Glover |
22 Ga. 319, Supreme Court of Georgia (May 01, 1857) |
1857 |
On the preliminary motion made in this case we pronounce no judgment, but will pass at once to the consideration of the questions presented in the record. On the return of the warrant the plaintiff in error offered to prove that he had demanded of Glover the negroes, and tendered in evidence, his letters of administration to show that the statute... |
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Morgan v. Dudley |
18 B.Mon. 693, Court of Appeals of Kentucky (January 01, 1857) |
1857 |
Morgan brought this action against Dudley for denying him the privilege of voting, at the last August election, in the city of Lexington, at the election precinct in which he resided. He alleged, in his petition, that he was a free white male, above the age of twenty-one years, and had, previous to his application to vote, continuously resided one... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Morris' Ex'or v. Duke's Adm'r |
Not Reported in S.E. Rptr., Special Court of Appeals of Virginia (January 01, 1857) |
1857 |
On the first day of November, 1819, William D. Taylor, being indebted to James M. Morris in the sum of $5,404 48, executed a deed of trust on a tract of land and twenty-six slaves, and their increase, to secure said debt; and on the 21st of February, 1822, in part discharge of said debt, he paid to said Morris £1,444 1s. 11d., which sum the... |
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Morton v. Bradley |
30 Ala. 683, Supreme Court of Alabama (June 01, 1857) |
1857 |
[ACTION UNDER CODE TO RECOVER DAMAGES FOR KILLING SLAVE.] APPEAL from the Circuit Court of Pickens. Tried before the Hon. S. D. HALE. |
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Mosely v. Crocket |
9 Rich.Eq. 339, Court of Appeals of Equity of South Carolina (May 01, 1857) |
1857 |
M. gave H. a bill of sale of five negroes, and H. gave M. a bond, by which, reciting that he had taken from M. the bill of sale and hired the negroes back to him for twelve months, he bound himself to return said negroes to M. whenever he pays me the true amount due me as notes and receipts will show:- Held, that this was a mortgage. The negroes... |
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Nations v. Jones |
20 Tex. 300, Supreme Court of Texas (January 01, 1857) |
1857 |
Quere, as to the extent of a warranty of soundness of mind, in the sale of a slave. We believe there was no error in charging the jury to find for the plaintiff unless there was proof of absolute idiocy of the slave; and if there were error, yet the facts were such as to have required a verdict for the plaintiff. Error from Gonzales. Tried below... |
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Neal v. Elliott |
18 B.Mon. 604, Court of Appeals of Kentucky (January 01, 1857) |
1857 |
The evidence conduces to show that the slave Harriet was, in 1847, loaned by James Neal to Cope and wife, who held her up to the sale to Elliott, in 1850, claiming her as their own property, and exercising acts of ownership over her as such; and that Elliott continued to hold her under his purchase until the commencement of this action, in March,... |
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Nelson v. Johnson |
25 Mo. 430, Supreme Court of Missouri (July 01, 1857) |
1857 |
1. In an action for the price of slaves sold, the defendant may recoup the damages sustained by him by reason of a breach of warranty of the slaves. Error to Cooper Circuit Court. This was an action upon a promissory note for $300. The defendant set up in his answer that the consideration of the note had failed; that the note was given for part of... |
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Newell & McHugh v. Smith |
23 Ga. 170, Supreme Court of Georgia (June 01, 1857) |
1857 |
When the plea of non est factum is filed by one partner, to a note given in the name of the firm, by the other; and the proof shows that the partners were engaged in a tannery, and that the negro, for whose hire the note was given, worked in that business; the onus is removed as to the authority to execute the note by the partner who signed it.... |
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Newell v. Taylor |
3 Jones Eq. 374, Supreme Court of North Carolina (December 01, 1857) |
1857 |
The case turns upon the effect which the act of 1823, 1 Rev. Stat. ch. 37, sec. 22, has upon the deed by which Theophilus Swinson, under whom the plaintiff claims, conveyed the slave Satira, to the defendant Dempsey Taylor and his wife, for life. This deed bears date 14th of January, 1835, and it is admitted that unless the act above referred to... |
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Nixon v. Harrell |
5 Jones (NC) 76, Supreme Court of North Carolina (December 01, 1857) |
1857 |
A court has no power to set aside an execution for abuses of the sheriff in executing its commands. MOTION to set aside an execution, heard before CALDWELL, J., at the last Fall Term of Perquimons Superior Court. The execution had been levied on two slaves, the property of the defendant, Harrell, and the reasons assigned for setting it aside were... |
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OPINION OF JUDGE DAVIS. |
44 Me. 576, Supreme Judicial Court of Maine (March 26, 1857) |
1857 |
To the HON. HIRAM CHAPMAN, President of the Senate of Maine: I have the honor herewith to present my opinion, as one of the justices of the Supreme Judicial Court, in answer to the question propounded by the order of the senate, of March 26, 1857--Are free colored persons, of African descent, having a residence established in some town in this... |
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OPINION OF THE SUPREME JUDICIAL COURT. |
44 Me. 507, Supreme Judicial Court of Maine (March 26, 1857) |
1857 |
The undersigned, Justices of the Supreme Judicial Court, respectfully present their opinion in answer to the interrogatory addressed to them by the order of the senate under date of March 26, 1857. The interrogatory, as propounded, is very comprehensive in its terms, and includes free colored persons, of African descent, having a residence... |
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Overseers of Morris Tp. v. Overseers of Warren Tp. |
26 N.J.L. 312, Supreme Court of New Jersey (June 01, 1857) |
1857 |
A slave acquired no settlement, unless he was legally manumitted o?? his master became insolvent. Certiorari to two justices of the peace. Two justices of the peace of the township of Warren, in the county of Somerset, made an order removing a pauper to the township of Morris, in the county of Morris, upon the ground that his father had been a... |
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Pickens v. Oliver |
29 Ala. 528, Supreme Court of Alabama (January 01, 1857) |
1857 |
[ACTION BY HUSBAND AND WIFE TO RECOVER SLAVES, WIFE'S SEPARATE PROPERTY.] APPEAL from the Circuit Court of Butler. The record does not show the name of the presiding judge. |
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Pinckard v. McCoy |
22 Ga. 28, Supreme Court of Georgia (March 01, 1857) |
1857 |
A testator said by his will, in effect, that after the payment of his debts, his desire was that his negroes should be hired out until their hire, together with any surplus of the fund ordered to be applied to the payment of debts, should amount to $1800. That when this sum was thus raised, and was in the hands of his executor, he willed to his... |
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Polk v. Buchanan |
5 Sneed (TN) 721, Supreme Court of Tennessee (December 01, 1857) |
1857 |
The bill seeks to charge the defendant, Buchanan, as a partner with J. L. James & Son, for the hire of slaves for the year 1854, amounting to near the sum of $2,000; not upon the ground that, in point of fact, a partnership existed, as between the parties themselves, but that as to third persons, the defendant is to be held liable as a partner, by... |
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Pond v. Doneghy |
18 B.Mon. 558, Court of Appeals of Kentucky (January 01, 1857) |
1857 |
The slaves in contest in these consolidated cases were claimed by Salina J. Pond to be the property of herself and her children; and on her petition the plaintiffs in the action were required to make her and her children defendants. Thereupon the following entry was made on the record, viz: This day came the parties aforesaid by their... |
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Pope v. Tucker |
23 Ga. 484, Supreme Court of Georgia (November 01, 1857) |
1857 |
[1.] A gift to a father in trust for his children, is an executed trust. [2.] The wife's chattels personals in possession vest absolutely in the husband on the marriage. TROVER, in Laurens Superior Court. This was an action of trover by Benjamin Pope and wife against Nathan Tucker for the recovery of a negro woman, named Rena, and her... |
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Porter v. Thomas |
23 Ga. 467, Supreme Court of Georgia (November 01, 1857) |
1857 |
[1.] Trover may be sustained against an overseer for slaves in his possession. [2.] By the words I will and bequeath to my beloved wife, Mary, all my property, both real and personal to be at her control during her natural life; an estate for life is created in the wife, which is not enlarged into a fee by the words which follow,... |
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Powell v. Cobb |
3 Jones Eq. 456, Supreme Court of North Carolina (December 01, 1857) |
1857 |
Where slaves were bequeathed to a trustee for the sole and separate use of a feme covert for her life, with a remainder to her children, money arising from the hires and profits of such slaves in the life-time of the feme, if in the hands of a trustee, go to the wife's representative, where it would, in the first place, be liable to any debt she... |
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Pritchard v. Wallace |
4 Sneed (TN) 405, Supreme Court of Tennessee (April 01, 1857) |
1857 |
This bill is filed to set up a resulting trust in a tract of 1,700 acres of land in Decatur county, upon this state of facts: The complainant, Polly Pritchard, was the daughter of Samuel Smith, of Montgomery county, and, as one of his heirs and distributees, became entitled to a tract of land of some 300 acres in that county, several slaves, and... |
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Randolph v. Wendel |
4 Sneed (TN) 646, Supreme Court of Tennessee (December 01, 1857) |
1857 |
This is a bill filed to obtain a construction of the will of Mary Randolph, under which all the parties claim title to the negro slaves in controversy. The first clause of the will is as follows: I give and bequeath unto my two grandchildren, Peter Randolph and Sarah Randolph, heirs of my son Peyton Randolph, deceased, one negro woman named... |
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Richardson v. Hayden |
18 B.Mon. 242, Court of Appeals of Kentucky (July 01, 1857) |
1857 |
Charles Jasper, of Pulaski county, died in 1850, leaving a will, which was admitted to probate in April of that year. He devised to his wife a female slave and some household furniture; and among other devises he gave to his daughter, Maria, a slave named Wyn, provided his real and personal estate were sufficient to pay his debts, otherwise Wyn was... |
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Richardson's Adm'rs v. Spencer |
18 B.Mon. 450, Court of Appeals of Kentucky (October 15, 1857) |
1857 |
This was a petition in equity brought by appellants as the personal representatives and heirs at law of Henrietta Richardson, deceased, against the appellees, to compel a sale and division of certain slaves alleged to be in the possession of the latter as trustees of said Henrietta Richardson, and for a settlement of their accounts for hire of the... |
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Rippy v. Gilmore |
9 Rich.Eq. 365, Court of Appeals of Equity of South Carolina (November 01, 1857) |
1857 |
Where a tenant for life sells a negro which is afterwards carried out of the State, on bill by the remainder-men for recovery of the value, the estate of the tenant for life is first liable-the purchaser only secondarily. |
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Robbins v. Windly |
3 Jones Eq. 286, Supreme Court of North Carolina (June 01, 1857) |
1857 |
The only question which the pleadings present for our decision, is whether the defendant George L. Windly shall be permitted to take the slave Jesse under the deed from his father, and yet claim the legacies given to him in his father's will. The plaintiff insists that, according to the principles of equity, he cannot take both, and that the Court... |
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Roberts v. Watson |
4 Jones (NC) 319, Supreme Court of North Carolina (June 01, 1857) |
1857 |
The case arises under the first clause of the will of Isabella Martin. By it, she gives to her son, David Scott, as follows: I give and bequeath to David Scott, my son, one negro woman Pat, during his life, and at his death, to his son Andrew, and if said woman hath increase, to be equally divided among all his children. David Scott died before... |
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Rodney v. Illinois Cent. R. Co. |
19 Ill. 42, Supreme Court of Illinois (November 01, 1857) |
1857 |
The plaintiff sued the Illinois Central Railroad Company in case, for receiving as a passenger on their road, at Cairo, in this State, the negro slave of the plaintiff, held to service under the laws of Missouri, knowing the negro was the plaintiff's slave, under the laws of the State of Missouri, escaping from his service, and carrying the negro,... |
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Rowland v. Rorke |
4 Jones (NC) 337, Supreme Court of North Carolina (June 01, 1857) |
1857 |
There is no error in the charge below. The contract sued on is in the nature of a guarantee under special circumstances. The plaintiff sold a slave the defendant, and took from him two bonds, or notes, executed by E. P. Guion to the defendant. The notes were transferred without endorsement At the time of the transfer Guion was in doubtful... |
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Sallee v. Chandler |
26 Mo. 124, Supreme Court of Missouri (October 01, 1857) |
1857 |
1. By the law of Kentucky in the year 1830 a married woman had full power of disposition over personal property vested in her for her sole and separate use; the joinder of her husband in a deed of transfer executed by her would not affect its validity. 2. By the law of Kentucky at that time a reversionary interest in slaves belonging to a woman at... |
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Sam v. State |
4 George 347, High Court of Errors and Appeals of Mississippi (April 01, 1857) |
1857 |
1. CRIMINAL LAWS: MASTER AND SLAVE: CONFESSIONS OF SLAVE ADMISSIBLE AGAINST HIM.The confessions of a slave made to his master, are not privileged communications, and are properly admissible in evidence against him, if made freely and voluntarily, and without any undue influence being exerted to obtain them. 2. SAME.The master, after... |
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Scott v. Wilmington & R.R. Co. |
4 Jones (NC) 432, Supreme Court of North Carolina (June 01, 1857) |
1857 |
In the case of Herring v. Wilmington and Raleigh Rail Road Company, 10 Ire. Rep. 402, the facts were nearly the same as are presented by this case, with this difference--there, the property destroyed was a slave, here, it was a cow. It was held, in that case, that the facts did not show negligence on the part of the defendant. We consider that... |
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Scruggs v. Davis |
5 Sneed (TN) 261, Supreme Court of Tennessee (December 01, 1857) |
1857 |
This was an action of trover for the conversion of the plaintiff's negro slave, Ike. The proof shows that the slave, having run away, was arrested in Kentucky, and brought aboard the defendant's steamboat at Eddyville, by the plaintiff, and the passage of both paid to Nashville. The master had his slave securely tied with his hands behind him and... |
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Shelton v. Johnson |
4 Sneed (TN) 672, Supreme Court of Tennessee (December 01, 1857) |
1857 |
This case raises a question upon the application of the doctrine of lis pendens in a shape in which it has not before, perhaps, been presented to our courts. It comes up upon demurrer to the bill. The facts set forth in the bill are these: Joshua Shelton, of Virginia, by his will, left the slaves from which those in controversy descended to his... |
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Shipp v. Wheeless |
4 George 646, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. WILL: CONSTRUCTION OF PROVISIONS TO KEEP THE ESTATE IN COMMON: SALE OF LAND SO DEVISED.-The testator, by his will, devised all of his estate to his widow and children in equal shares, and directed that his slaves and other personal property should be kept together on his farm, under the control of his widow, and that distribution of the... |
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Simpson v. Houston |
6 Jones Eq. 487, Supreme Court of North Carolina (December 01, 1857) |
1857 |
Where a party claimed title to a slave by virtue of an estoppel growing out of a proceeding in a county court, in a suit to have such proceeding declared inoperative on account of a mistake, the fact, that the purchaser had consulted a friend as to the validity of the title under the proceeding, previously to the purchase, and, upon their both... |
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Spence v. Dodd |
19 Ark. 166, Supreme Court of Arkansas (July 01, 1857) |
1857 |
This was a bill, brought by the appellant against the appellee in the Clark Circuit Court in chancery, charging, in substance, that, on the 22d June, 1852, the appellant sold to the appellee a negro man slave, named Henry, for $650; and that it was expressly understood between the parties, at the time, that upon the repayment of the purchase money,... |
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Stamps v. Green |
4 George 546, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
HUSBAND AND WIFE: WIFE NOT LIABLE FOR PHYSICIAN'S BILL UNDER ACT OF 1839.A married woman is not responsible for medical services, rendered for the benefit of her slaves, held as a separate estate under the Act of 1839. |
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