Title | Citation | Year | Summary | Most Relevant | Type | Status |
State v. Chavers |
5 Jones (NC) 11, Supreme Court of North Carolina (December 01, 1857) |
1857 |
It was held not to be error in a Judge to instruct the jury that, according to the 79 sec. of 107 chap. of the Rev. Code, a person must have in his veins less than one-sixteenth part of negro blood, before he will cease to be a free negro, no matter how far back you had to go to find a pure negro ancestor. An indictment charging the defendant, as a... |
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State v. City Council of Charleston |
10 Rich. 240, Court of Appeals of Law of South Carolina (January 01, 1857) |
1857 |
By the charter of the City Council of Charleston, they may impose a tax on slaves brought from other States, into the City for sale. A tax on slaves brought from other States into this State for sale, is not unconstitutional. |
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State v. David |
4 Jones (NC) 353, Supreme Court of North Carolina (June 01, 1857) |
1857 |
Where a female slave was in the act of resisting the rightful authority of her master, another slave, her husband, who approached with the intention of violently aiding the resisting slave, heedless of the consequences, and did give such aid as made it necessary for the master to turn his force upon him, by which he was exposed to a fatal blow from... |
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State v. Gilbert |
24 Mo. 380, Supreme Court of Missouri (January 01, 1857) |
1857 |
1. An indictment, under section 57, of article 3, of the act concerning crimes and punishments (R. C. 1845, p. 364), against a negro slave for maliciously killing a mare, must charge the act to have been done feloniously. The defendant, a slave, was indicted under the 57th section, of the 3d article, of the act... |
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State v. Guyott |
26 Mo. 62, Supreme Court of Missouri (October 01, 1857) |
1857 |
1. The Supreme Court will not review instructions unless the evidence introduced be preserved in the bill of exceptions. 2. An indictment, founded on section 33 of the act concerning slaves (R. C. 1855, p. 1477), charging that the defendant at, &c., on, &c., being a tavern-keeper, and duly and regularly licensed to keep a tavern, unlawfully... |
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State v. Harriet |
4 Jones (NC) 264, Supreme Court of North Carolina (June 01, 1857) |
1857 |
Under the 34th ch., section 36, and 107 ch., secs. 31, 32 and 34, of the Revised Code, the Superior Courts have not original jurisdiction of the offence of grand larceny committed by a slave. This was an INDICTMENT for GRAND LARCENY, tried before his Honor; Judge PERSON, at the Spring Term, 1847, of Bladen Superior Court. Upon motion by the... |
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State v. Hopkins |
4 Jones (NC) 305, Supreme Court of North Carolina (June 01, 1857) |
1857 |
Where a slave handed money to a free negro in a liquor shop, who handed it to the liquor dealer, and on receiving for it a quantity of spirits, which, then and there, was handed by him to the slave, it was Held that he was not guilty of either selling or giving the spirits to the slave. THIS was an indictment against the defendant, who was a free... |
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State v. Stephenson |
20 Tex. 151, Supreme Court of Texas (January 01, 1857) |
1857 |
An indictment for an assault and battery upon a slave, alleged to be the property of another, is good; if there are circumstances and relations which would justify the act, it is incumbent on the defendant to show them in his defense. Under the code of criminal procedure, it is not necessary for the state to assign errors in the court below. Appeal... |
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State v. Weatherby |
43 Me. 258, Supreme Judicial Court of Maine (January 01, 1857) |
1857 |
Adultery can only be committed by parties one of whom at least, is married, and by parties not married to each other. A decree of divorce from the bond of matrimony effectually and fully abrogates the marriage contract, and sets the parties free from their marital relations to each other. Where the wife was divorced for the fault of the husband,... |
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State v. Wright |
4 Jones (NC) 308, Supreme Court of North Carolina (June 01, 1857) |
1857 |
The defendant in this case is a free man of color. The indictment is substantially the same as in the case of Hopkins, 49 N.C. 305. In the first count, the defendant is charged with selling and delivering to the slave, Sam, the property of Mrs. Barron, a quart of spirits; and, in the second count, for giving the spirits. The facts of the case,... |
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Stone v. Dorsett |
18 Tex. 700, Supreme Court of Texas (January 01, 1857) |
1857 |
On or about the 14th December, 1854, James H. Spillman departed this life, having, a short time previous to his death, executed his last will and testament, to the effect as follows: I want my children brought to Galveston; Dr. Stone to take charge of them as guardian for them; sell the perishable property; rent out the house; hire out the negroes,... |
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Stoudenmeier v. Williamson |
29 Ala. 558, Supreme Court of Alabama (January 01, 1857) |
1857 |
[ACTION TO RECOVER DAMAGES FOR BREACH OF WARRANTY OF SOUNDNESS OF SLAVE.] APPEAL from the Circuit Court of Montgomery. Tried before the Hon. EDMUND W. PETTUS. |
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Stratton v. Harriman |
24 Mo. 324, Supreme Court of Missouri (January 01, 1857) |
1857 |
1. The owner of a slave cannot be rendered liable under section 35, of article 9, of the act concerning crimes and punishments, for the loss of a horse belonging to plaintiff, where the offense charged against the slave is the burning of the stable in which the horse happened to be at the time of the fire. I. It is only necessary that the petition... |
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Swindall v. Bradley |
3 Jones Eq. 353, Supreme Court of North Carolina (December 01, 1857) |
1857 |
In a bill for an injunction to prevent slaves from being taken out of the State, an allegation that the defendant was about to sell his perishable property, and that it was rumored he was about to remove, and that plaintiff believed if he did so, he would carry off the slaves which he held for life only, was deemed sufficient ground for the issuing... |
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Temple v. Price |
24 Mo. 288, Supreme Court of Missouri (January 01, 1857) |
1857 |
1. Where minors institute suit by their father as natural guardian, and seek thereby to have a new trustee appointed in the place of one to whom certain slaves had been devised in trust for such minors on the ground of the failure to act; held, although it did not appear from the petition that the father had given bond as guardian, that a demurrer... |
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Terrill v. Boulware |
24 Mo. 254, Supreme Court of Missouri (January 01, 1857) |
1857 |
1. A., in the year 1784, died intestate, in the State of Virginia, possessed of certain slaves, leaving a widow and two children--B., a daughter, and C., a son--him surviving; certain of the slaves were allotted to the widow as dower slaves, and remained in her possession until her death, in the year 1816; B., the daughter, married and died before... |
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The Merchant |
4 Blatchf. 105, Circuit Court, SD New York (September 25, 1857) |
1857 |
Appeal from the district court of the United States for the Southern district of New York. This was a libel of information, in rem, filed in the district court, by the United States, against the schooner Merchant and her cargo, to forfeit them, on the ground that the vessel was fitted out and equipped with the intent to engage in the slave trade.... |
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Thomason v. Dill |
30 Ala. 444, Supreme Court of Alabama (January 01, 1857) |
1857 |
[ACTION ON NOTE GIVEN FOR PURCHASE-MONEY OF SLAVE.] APPEAL from the Circuit Court of Talladega. Tried before the Hon. ROBERT DOUGHERTY. |
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Thomason v. Odum |
31 Ala. 108, Supreme Court of Alabama (June 01, 1857) |
1857 |
[DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Conecuh. Tried before the Hon. ANDREW B. MOORE. |
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Thorpe v. Burroughs |
31 Ala. 159, Supreme Court of Alabama (June 01, 1857) |
1857 |
[ACTION TO RECOVER STATUTORY PENALTY FOR ARRESTING RUNAWAY SLAVE.] APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. |
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Tomlinson v. Tomlinson |
10 Rich. 404, Court of Appeals of Law of South Carolina (May 01, 1857) |
1857 |
In an action by a father against the administrators of his son for slaves which the father had allowed to go into, and remain in, the possession of the son, the administrators cannot show the son's insolvency, in order to defeat the action for the benefit of creditors. |
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Townsend v. Hill |
18 Tex. 422, Supreme Court of Texas (January 01, 1857) |
1857 |
Where a slave is hired for a year, and without any fault on the part of the hirer, or failure of proper care and medical aid, dies before the expiration of the time, the hirer is entitled to a corresponding abatement of the hire. 7 Tex. 468; 21 Tex. 478. Error from Colorado. Tried below before the Hon. James H. Bell. Suit by defendant in error... |
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Traun v. Keiffer |
31 Ala. 136, Supreme Court of Alabama (June 01, 1857) |
1857 |
[DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. ROBERT DOUGHERTY. |
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Turner's Adm'rs v. Herron |
5 George 460, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
SLAVES: WHEN DAMAGES FOR FRAUDULENT REMOVAL, GIVEN UNDER THE ACT OF 1822, ARE RECOVERABLE AGAINST TRUSTEE BY THE GRANTOR.The statute (Hutch. Dig. 520, ยง 49), which gives double damages to the owner against a person who shall fraudulently, and without his consent, remove a slave from the county or State, applies to all cases where a... |
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Vass v. Freeman |
3 Jones Eq. 221, Supreme Court of North Carolina (June 01, 1857) |
1857 |
When slaves or other personal chattels are bequeathed to two or more persons, immediately, as tenants in common, with a limitation over to the survivors or survivor, if, or in case that, one or more of them die, it is settled that, unless a contrary intent appear from other parts of the will, those who survive the testator will take absolutely. The... |
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Vose v. Hannahan |
10 Rich. 465, Court of Errors of South Carolina (January 01, 1857) |
1857 |
A deed of gift of slaves, accompanied by a secret trust, that the slaves shall be held in nominal servitude only, though declared void and of no effect, by the third section of the Act of 1841, (11 Stat. 155,) is nevertheless good, not only against the donor, but, also, against his administrator after his death. Such... |
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Wade v. De Witt |
20 Tex. 398, Supreme Court of Texas (January 01, 1857) |
1857 |
To constitute a breach of warranty of soundness of a slave, the disease must have existed in a formed state at the time of the sale, and have been of a permanent nature, calculated materially to affect the value of the slave. A disease of any kind, if easily removed, but by neglect or maltreatment allowed to prove fatal, is not unsoundness, within... |
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Wade v. Fisher |
9 Rich.Eq. 362, Court of Appeals of Equity of South Carolina (November 01, 1857) |
1857 |
A husband before having issue executed a deed by which he gave to his wife and her heirs by him, certain slaves to have and to hold for her and their special use and benefit forever, with a proviso, that, in the event of his death and her marrying again, the slaves and their increase should be equally divided between her... |
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Wallace v. McIntosh |
4 Jones (NC) 434, Supreme Court of North Carolina (June 01, 1857) |
1857 |
It is no objection to the declarations of a slave, as to the state of its health, that it furnishes additional evidence of its truthfulness. Therefore, where a female slave declared that she was affected with a prolapsus uteri, and offered to submit to an examination of a person, in verification of her statement, the latter part of the discourse... |
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Walton v. Northington |
5 Sneed (TN) 282, Supreme Court of Tennessee (December 01, 1857) |
1857 |
The complainant brings this bill to set aside a deed of gift for 200 acres of land, and fifteen slaves, which was executed by the complainant, E. S. Walton, to the defendant, on the 28th day of January, 1854, on the alleged ground that at the time of its execution, from mental imbecility, the complainant was incapable of making the same. That he... |
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Waring v. Edmonds |
11 Md. 424, Court of Appeals of Maryland (December 01, 1857) |
1857 |
A party in her last illness, and in expectation of death, gave to her sister, then present, a negro girl, also present, by telling the girl there is your mistress, (pointing to her sister,) you must be a good girl, and obedient to her. HELD: that this was sufficient proof, not only of a gift, but of actual... |
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Weathers v. Patterson |
30 Ala. 404, Supreme Court of Alabama (January 01, 1857) |
1857 |
[BILL IN EQUITY BY REMAINDER-MAN FOR RECOVERY OF SLAVES.] APPEAL from the Chancery Court of Barbour. Heard before the Hon. WADE KEYES. |
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Western & A. R. Co. v. Fulton |
4 Sneed (TN) 589, Supreme Court of Tennessee (September 01, 1857) |
1857 |
This was an action on the case brought by the defendant in error against the plaintiff in error in the circuit court of Hamilton. The declaration contains two counts. The first is in trover, for the conversion of a slave named Jack, the property of the plaintiff in the action. The second is a special count, founded on the act of 1856, ch. 72, sec.... |
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Westmoreland v. West |
9 Rich.Eq. 418, Court of Appeals of Equity of South Carolina (November 01, 1857) |
1857 |
Where a guardian, who was the grandfather of his wards, made, in his annual returns, no charge against his wards, for the rearing and keeping of slaves, his representative was not permitted, after his death, to make such a charge. |
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Wilkinson v. Moseley |
30 Ala. 562, Supreme Court of Alabama (June 01, 1857) |
1857 |
[CASE AGAINST HIRER OF SLAVE FOR NEGLIGENCE.] APPEAL from the Circuit Court of Montgomery. Tried before the Hon. JOHN GILL SHORTER. |
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Williams v. Cheatham |
19 Ark. 278, Supreme Court of Arkansas (July 01, 1857) |
1857 |
This was a bill in chancery, filed September 30th, 1854, to redeem two slaves purchased by Cheatham from Williams in December 1851. The money was tendered five days before the filing of the bill. The bill of sale for the negroes was absolute upon its face. Williams alleged, nevertheless, that it was intended to be a mortgage. This was fully denied... |
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Williams v. Scott |
30 Ala. 241, Supreme Court of Alabama (January 01, 1857) |
1857 |
[TRESPASS FOR WRONGFULLY TAKING SLAVE.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. ANDREW B. MOORE. |
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Willis v. Willis |
22 Ga. 290, Supreme Court of Georgia (May 01, 1857) |
1857 |
In trover for negroes, the verdict was for the plaintiff for $2,700, which, could be satisfied by delivering to the plaintiff, the said slaves, within ten days. Within the ten days, one of the slaves died and another was attacked with a disease of which it shortly afterwards died. Held, that the defendant was... |
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Wilson v. Gaines |
9 Rich.Eq. 420, Court of Appeals of Equity of South Carolina (November 01, 1857) |
1857 |
Slaves were conveyed to a trustee for the sole and separate use of M. a married woman, during her natural life, and subject to her disposal at her death by will or otherwise:-Held, that M. did not take an absolute estate in the slaves, but an estate for life only, with power of appointment. M. by an instrument purporting to be her will, and... |
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Withers v. The El Paso |
24 Mo. 204, Supreme Court of Missouri (January 01, 1857) |
1857 |
1. The master of a steamboat will be liable, under section 31, of the act concerning slaves (R. C. 1845, p. 1018), for transporting a slave from one place to another in this state without the consent of the owner, although he may not be aware of the fact of such slave being on board the boat, unless he use proper care to guard against such an... |
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Wittick's Adm'r v. Keiffer |
31 Ala. 199, Supreme Court of Alabama (June 01, 1857) |
1857 |
[DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. ROBERT DOUGHERTY. |
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Woodhouse v. McRae |
5 Jones (NC) 1, Supreme Court of North Carolina (December 01, 1857) |
1857 |
The hirer of a slave permitted him to travel alone from the place at which he was employed to his master's residence, a distance of eighty miles, (both places being within the State, with the Albemarle sound between them,) of which occasion the slave availed himself to escape from the State and was never reclaimed; Held that this was not a want of... |
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Wyatt's Adm'r v. Rambo |
29 Ala. 510, Supreme Court of Alabama (January 01, 1857) |
1857 |
[TROVER FOR SLAVES BY ADMINISTRATOR AGAINST PURCHASER AT SALE UNDER ORDER OF ORPHANS' COURT BY PREVIOUS ADMINISTRATOR.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. C. W. RAPIER. |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
Young v. McDaniel |
5 Jones (NC) 103, Supreme Court of North Carolina (December 01, 1857) |
1857 |
To subject a party, under the statute of 1856, Rev. Code, ch. 34, sec. 81, for harboring a runaway slave, the act must be done secretly, as well as fraudulently. ACTION on the CASE for harboring a slave, tried before PERSON, J., at the Fall Term, 1857, of Davie Superior Court. Mr. Holt, the agent of the North-Carolina Rail-Road Company at... |
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Young v. Young |
3 Jones Eq. 216, Supreme Court of North Carolina (June 01, 1857) |
1857 |
The words which negro I design for the benefit of A. Y. (a married woman) and her children, and not to be subject to any debt or debts which J. Y. (the husband) may contract, or have contracted, were Held sufficient to give a sole and separate estate to the wife and a remainder to her children. Where a negro woman was given by parol... |
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Abram v. Johnson |
1 Head 120, Supreme Court of Tennessee (September 01, 1858) |
1858 |
The record in this case shows that complainant is entitled to his freedom. The rules of law applicable to emancipation cases are well settled in Tennessee. No deed, or writing of any kind, was necessary at the comomn law for the purpose of parting with the master's right. Acts in pais, from which freedom might be implied, have been held sufficient.... |
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Acker v. Bender |
33 Ala. 230, Supreme Court of Alabama (June 01, 1858) |
1858 |
[DETINUE FOR SLAVES BY MORTGAGEE AGAINST MORTGAGOR.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. E. W. PETTUS. |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
Allen v. Barksdale |
1 Head 238, Supreme Court of Tennessee (December 01, 1858) |
1858 |
This bill cannot be sustained, and the Chancellor acted very property in dismissing it upon demurrer. It appears that Wm. Scruggs and Mary Barksdale, in the year 1852, by various decrees in the Chancery Court at Nashville, in several different suits against the complainants, succeeded in establishing their title to a large number of slaves. These... |
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Bailey v. Poindexter's Ex'r |
14 Gratt. 132, Supreme Court of Appeals of Virginia (February 09, 1858) |
1858 |
Testator provides in his will that the slaves loaned his wife for life, shall have their choice of being emancipated or sold publicly. Their emancipation is made by the will to depend upon their election to be free: And as slaves have no legal capacity to choose, the provision is void and of no effect. This was a bill filed in April 1854 in the... |
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Barksdale v. Elam |
6 George 172, High Court of Errors and Appeals of Mississippi (April 01, 1858) |
1858 |
1. WILL: RESIDUARY CLAUSE: WHAT PASSES BY.-Property unbequeathed, will not pass by the residuary clause of a will, which especially, or by general words points out the sources of the residuary fund. 2. SAME: CASE IN JUDGMENT.-C., who died testate, left two slaves undisposed of by his will, which were sold by the executor, under an order of the... |
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