TitleCitationYearSummaryMost RelevantTypeStatus
Battaile v. Fisher 7 George 321, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 1. CHANCERY: RECEIVER: WHEN LIABLE FOR HIRE, ETC.-A receiver in chancery, into whose possession slaves have been ordered for an indefinite period of time, pending the litigation in respect to them, is bound, without any special order of the court for that purpose, to make them profitable to the person entitled to their labor; and hence, if he... Most Relevant Cases  
Beall v. Drane 25 Ga. 430, Supreme Court of Georgia (June 01, 1858) 1858 [1.] A free person of color is capable, by the laws of Georgia, of acquiring and holding real estate, except in the cities of Savannah, Augusta and Darien. [2.] A bequest in these words: I reserve the tract of land, &c., for the use of J.A. W., during his natural life, or so much thereof as he can cultivate for his support, and at his death... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Birge & Hynson v. Wanhop 21 Tex. 478, Supreme Court of Texas (January 01, 1858) 1858 In an action for the hire of a negro, a plea of partial failure of consideration, by the death of the negro, without fault on the part of the defendant, before the end of the year for which he was hired, is a good defense. 18 Tex. 422. The plea should state the precise time of the death of the negro, in order to ascertain the exact amount of the... Most Relevant Cases  
Bivins v. Crawford 26 Ga. 225, Supreme Court of Georgia (June 01, 1858) 1858 A testator bequeathes a life estate in his slaves to his widow, with directions to his executors, to remove them at her death to a free country. And further, that if funds cannot be raised from the sale of his other property, sufficient to cover the expenses of their transportation, that the negroes be hired out until money enough can be raised for... Most Relevant Cases  
Bloodgood v. Grasey 31 Ala. 575, Supreme Court of Alabama (January 01, 1858) 1858 [SUIT FOR FREEDOM.] APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. Most Relevant Cases  
Bob v. State 32 Ala. 560, Supreme Court of Alabama (June 01, 1858) 1858 [INDICTMENT AGAINST SLAVE FOR ASSAULT WITH INTENT TO KILL WHITE PERSON.] APPEAL from the Circuit Court of Choctaw. Tried before the Hon. C. W. RAPIER. Most Relevant Cases  
Bookfield v. Stanton 6 Jones (NC) 156, Supreme Court of North Carolina (December 01, 1858) 1858 In an action to try the right of a person of color to his freedom, where the question was, whether the maternal grand-mother and mother had, or had not, for a long time been treated and regarded as free, it was Held that a bill of sale for the plaintiff, their descendant, was not material; but that an attachment levied upon the grand-mother was... Most Relevant Cases  
Brown v. Dickinson 10 Rich.Eq. 408, Court of Appeals of Equity of South Carolina (November 01, 1858) 1858 A bill will not lie to enjoin an action of trover for slaves, and quiet plaintiff in his possession. Most Relevant Cases  
Brown v. State 2 Head 180, Supreme Court of Tennessee (December 01, 1858) 1858 The plaintiff in error was convicted upon a charge of selling liquor to a slave, and was sentenced by the court to pay a fine of $50, and to suffer four months' imprisonment in the county jail of Rutherford, and declared incapable of ever hereafter obtaining a license for the sale of spirituous liquors in Rutherford county. Several exceptions are... Most Relevant Cases  
Bumpus v. Fisher 21 Tex. 561, Supreme Court of Texas (January 01, 1858) 1858 A white person may be indicted for an assault and battery upon a slave under the general provisions of the criminal law; the act relating to the cruel treatment of slaves more appropriately applies to injuries committed by some one having control of the slave. Justices of the peace have jurisdiction to hear and determine cases of... Most Relevant Cases  
Byrd v. McDaniel 33 Ala. 18, Supreme Court of Alabama (June 01, 1858) 1858 [BILL IN EQUITY FOR REDEMPTION OF MORTGAGED SLAVES.] APPEAL from the Chancery Court of Butler. Heard before the Hon. WADE KEYES. Most Relevant Cases  
Calhoun v. Stokes 26 Ga. 325, Supreme Court of Georgia (August 01, 1858) 1858 It is in proof by Miss Gay, that at the time the negro was hired at Decatur, in December 1854, by her mother, to Dr. Calhoun, that it was expressly agreed, that if the negro became sick, her mother was to take him home and have him doctored. That her mother preferred having the boy at home, and to procure other medical attendance if he became sick,... Most Relevant Cases  
Callihan's Ex'r v. Johnson 22 Tex. 596, Supreme Court of Texas (January 01, 1858) 1858 The laws of this state interfere as little as possible with the delicate and responsible relation of master and slave. Much is left to the master's judgment, discretion and humanity: but, in no case, except when the slave is in a state of insurrection, can any man take his life, without subjecting himself to the same punishment as would be... Most Relevant Cases  
Cameron v. Ottinger 1 Head 27, Supreme Court of Tennessee (September 01, 1858) 1858 This was an action of assumpsit brought upon a verbal warranty of soundness of a negro girl slave. The slave was bought in October, 1854, and died on the 6th day of the next August. On the 13th of August, 1855, seven days after her death, the defendant executed and delivered to the plaintiff, at his request, this instrument: Whereas, I have... Most Relevant Cases  
Camp v. State 25 Ga. 689, Supreme Court of Georgia (June 01, 1858) 1858 [1.] An indictment concludes properly, if it follows the form prescribed by the statute. [2.] Manslaughter may be committed by killing a slave. [3.] That a bill of indictment for manslaughter, charges facts in the body of it which constitute murder, is no ground for arresting the judgment. [4.] It is not necessary for the jury to incorporate in... Most Relevant Cases  
Carver v. Oakley 4 Jones Eq. 85, Supreme Court of North Carolina (June 01, 1858) 1858 We think that there cannot be any reasonable doubt as to the proper construction of the will of the testator, Josias Carver, sen. The testator certainly supposed that the intended legatee, for life, Betsey Carver, would survive him, and the slaves given to her, for life, were, at her death, or marriage, to be equally divided between such of the... Most Relevant Cases  
Castleberry v. Kelly 26 Ga. 606, Supreme Court of Georgia (November 01, 1858) 1858 This is an action of slander. The words alleged to have been spoken of one of the plaintiffs, are: Negroes have been with your wife; meaning that negro men had had carnal communications with her, and I can prove it. On the appeal trial, the jury found for the plaintiffs five hundred dollars damages. The defendants' attorney moved in arrest of... Most Relevant Cases  
Charles v. Sheriff 12 Md. 274, Court of Appeals of Maryland (July 20, 1858) 1858 Negroes manumitted by a will have the right to file a bill in equity, asking that court to marshal assets, in order to procure proper evidence to enable them to prosecute their petition for freedom, and to decide whether the real estate is charged with the payment of debts in favor of the bequest of freedom, and on such a bill are entitled to an... Most Relevant Cases  
Clanton v. Young 11 Rich. 546, Court of Appeals of Law of South Carolina (December 01, 1858) 1858 B. advertised a reward of three hundred dollars to be paid for the apprehension and delivery to the jail of Kershaw District of a slave charged with murder. A. apprehended and delivered the slave to a magistrate of Kershaw, who delivered him to a constable, in whose custody he remained until he was tried a few days afterwards and acquitted. Held,... Most Relevant Cases  
Cloud v. Calhoun 10 Rich.Eq. 358, Court of Appeals of Equity of South Carolina (November 01, 1858) 1858 A father, shortly after the marriage of his daughter, conveyed slaves to a trustee for the use of his daughter during her lifetime, and after her death without children, then for the use of her husband so long as he should remain single: but if he marry again, then they, with their increase, are to return and be divided among the remainder... Most Relevant Cases  
Coffey v. Wilkerson 1 Met. 101, Court of Appeals of Kentucky (June 25, 1858) 1858 1. If the tenant of the life estate in slaves sell the absolute right and title in them to a negro-trader, who follows the business of taking slaves to a southern market, such sale is a conversion of the slaves to his own use in such manner as to defeat the estate in remainder, and a right of action accrues eo instanti to the remainder-man against... Most Relevant Cases  
Collins v. Hough 26 Mo. 149, Supreme Court of Missouri (January 01, 1858) 1858 Collins commenced an action in 1852 against Hough under the 8th article (claim and delivery of personal property) of the practice act of 1849, to recover the possession of a negro woman. Upon filing the necessary affidavit an order was made on the defendant requiring him to deliver the slave to the sheriff, and thereupon the plaintiff executed the... Most Relevant Cases  
Commonwealth v. Van Tuyl 1 Met. 1, Court of Appeals of Kentucky (June 10, 1858) 1858 1. The offense of feloniously obtaining money by false pretenses consists in obtaining the money, with a fraudulent intent; the false pretense employed is only the means by which the offense is perpetrated. Therefore, where V. sold and delivered to J. a negro man, in the state of Ohio, representing him to be a slave, and received the... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Conner v. Crunk 2 Head 246, Supreme Court of Tennessee (December 01, 1858) 1858 On the 27th of December, 1854, the defendant, Jefferson, sold to the plaintiff, at Courtland, Alabama, two slaves, Lucretia, about twenty-five years old, and her son Jordan, about six, for $1,150, and executed his bill of sale, warranting title and soundness. The negro woman died in a very short time--but a few days after the purchase. The action... Most Relevant Cases  
Conner v. Hull 7 George 424, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 1. GIFT: VALID: WHERE USE OF A CHATTEL RESERVED TO DONOR FOR LIFE, IF THERE BE A DELIVERY.-A gift in writing of a slave to a trustee, to manage and control the same for the use and benefit of the donor during his life, and afterwards for the use and benefit of the donee, is valid, if there be an actual delivery of the property to the trustee. 2.... Most Relevant Cases  
Cook v. State 26 Ga. 593, Supreme Court of Georgia (November 01, 1858) 1858 [1, 2, 3.] On the trial of C., for harboring a slave, he moved to continue, on three grounds; 1st, the absence of a witness, C. 2d. The absence of a witness, L., who would swear, on a certain point, to the contrary of what, it was expected, two of the State's witnesses would swear on the point; 3d. excitement in the public mind against him. The... Most Relevant Cases  
Corbett v. Gilbert 24 Ga. 454, Supreme Court of Georgia (January 01, 1858) 1858 [1.] The verdict of a jury may be amended in form, to correspond with the manifest intent of the jury apparent in the verdict. [2.] An attorney at law who is called on to write a bill of sale for a negro, is not prohibited by the statute from giving evidence of a conversation between the parties in relation to the contract. [3.] Request to charge,... Most Relevant Cases  
Cottle v. Dodson 25 Ga. 633, Supreme Court of Georgia (June 01, 1858) 1858 The statute requires that claims of slaves, levied on by virtue of a writ of fi. fa. issued from a Justices Court, shall be returned to the next Term of the Superior or Inferior Court, which ever may first happen, there to be tried. The law regulating thus, the time and place of trial, the parties are bound to take notice of it, and we must presume... Most Relevant Cases  
Cox's Adm'r v. McKinney 32 Ala. 461, Supreme Court of Alabama (January 01, 1858) 1858 [DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Marengo. Tried before the Hon. ROBT. DOUGHERTY. Most Relevant Cases  
Crippen v. Crippen 1 Head 128, Supreme Court of Tennessee (September 01, 1858) 1858 This record does not come collaterally, but directly, before us upon a writ of error. The land and slaves have not been sold, and there is no questions with the purchaser. Matters of error, as well as of jurisdiction, are open for decision. The decree of the Chancellor is erroneous. 1. James L. Crippen, one of the infant heirs of John F. Crippen,... Most Relevant Cases  
Crittenden v. Posey 1 Head 311, Supreme Court of Tennessee (December 01, 1858) 1858 On the 4th of July, 1838, Pryor Crittenden sold to Thomas Posey two slaves, Martha and Eveline, for $566.50, and made him a bill of sale in the ordinary form. These, with the child of Martha named Sam, are the objects of this suit. The vendor is dead, and his widow, the complainant, claims the slaves as tenant in remainder, under the laws of... Most Relevant Cases  
Crow v. Powers 19 Ark. 424, Supreme Court of Arkansas (January 01, 1858) 1858 A deed of manumission, executed and acknowledged in the Circuit Court, as prescribed by the statute, (Dig. chap. 63, sec. 1,) though to take effect at the death of the grantor, held a sufficient emancipation of slaves; and that, immediately upon the death of the grantor, the slaves are entitled to freedom. An instrument of writing to take effect at... Most Relevant Cases  
Cruse v. McKee 2 Head 1, Supreme Court of Tennessee (December 01, 1858) 1858 This bill is filed as administrator with the will annexed of Rebecca Baggerly, deceased, for the construction of her will, upon the interpleading of the parties whose interests conflict. The difficulty arises upon the exercise of a power by the widow, given to her, in relation to the disposition of certain slaves in the will of her husband. David... Most Relevant Cases  
Dargan v. City of Mobile 31 Ala. 469, Supreme Court of Alabama (January 01, 1858) 1858 [ACTION AGAINST MUNICIPAL CORPORATION TO RECOVER DAMAGES FOR LOSS OF SLAVE KILLED BY CITY GUARD.] APPEAL from the Circuit Court of Mobile. Tried before the Hon. JOHN E. MOORE. Most Relevant Cases  
Davis v. Boyd 6 Jones (NC) 249, Supreme Court of North Carolina (December 01, 1858) 1858 Where slaves had been bailed by a father-in-law living in Virginia, to his son-in-law living in this State, mere words of gift, afterwards used, in the absence of the slaves, were Held not to be sufficient to pass the property; delivery being essential to the validity of a gift. Where slaves were put into the hands of a son-in-law by his... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Dawson v. Hayes 1 Met. 460, Court of Appeals of Kentucky (December 23, 1858) 1858 1. In 1834, D. devised to Mrs. H., his daughter, 200 acres of land, on which she and her husband then lived and continued to live until 1849, when the husband died, leaving a will, wherein he devised the same land to his wife, Mrs. H., during her natural life, together with certain negroes, and at her death the land and negroes were to go to the... Most Relevant Cases  
Deens v. Dunklin 33 Ala. 47, Supreme Court of Alabama (June 01, 1858) 1858 [ACTION ON PROMISSORY NOTE GIVEN FOR HIRE OF SLAVES.] APPEAL from the Circuit Court of Butler. Tried before the Hon. NAT. COOK. Most Relevant Cases  
Dickinson v. Cruise 1 Head 258, Supreme Court of Tennessee (December 01, 1858) 1858 In this cause there must be a new trial, because the verdict of the jury is wholly unsupported by the evidence. On the first day of January, 1856, John M. Smith, as agent of F. A. Dickinson, guardian of John A. Gracy, hired a negro man, John, to the defendant, for that year, for $132. The negro was delivered to the defendant the next day, and soon... Most Relevant Cases  
Dorsett v. Frith 25 Ga. 537, Supreme Court of Georgia (June 01, 1858) 1858 In an action of trover, to recover for the conversion of slaves, which have been sold by defendant and cannot be delivered, the purchase money with interest thereon, is a proper criterion of damages, provided the sale has been fair. F. intermarried with S., a widow, with several minor children. By the consent and counsel of the brothers of his... Most Relevant Cases  
Dunlap v. Ingram 4 Jones Eq. 178, Supreme Court of North Carolina (December 01, 1858) 1858 A bequest of slaves, with a request that the legatee will permit them to have the result of their own labor, is a bequest for emancipation, and a trust in them results. An undisposed of surplus of a testator's estate, must be distributed among all the testator's next of kin, although words are used in the will, manifesting an intention to exclude... Most Relevant Cases  
Durham v. Durham 26 Mo. 507, Supreme Court of Missouri (March 01, 1858) 1858 1. It is not necessary, in every case where an issue is raised as to the freedom or slavery of a person of color, that his freedom should be proved by showing a strict compliance with the statutory requirements in respect to emancipation. In suits other than those for freedom, admission of the former owner that he had set the alleged slave free,... Most Relevant Cases  
East Tennessee & G.R. Co. v. St. John 5 Sneed (TN) 524, Supreme Court of Tennessee (September 01, 1858) 1858 St. John sued the railroad company for running over and killing his slave, about eight years old, and recovered damages to the amount of $962.33. There is no controversy as to the fact, but the defence relied upon is, that the circumstances were not such as to make the company liable for damages. Objection is taken to the charge of the court in... Most Relevant Cases  
Eborn v. Chote 22 Tex. 32, Supreme Court of Texas (January 01, 1858) 1858 A contract to pay a specific sum on a given day, is absolute upon its face, and not a conditional obligation, notwithstanding it purports to be given for the hire of a negro, and provides that if the negro run away during the year for which he is hired, the owner shall lose all his time. If the slave did run away and lose any time, it is a matter... Most Relevant Cases  
Enders v. Williams 1 Met. 346, Court of Appeals of Kentucky (October 18, 1858) 1858 1. Under the provisions of the act of 1798 (2 Stat. Law, 1480) a deed of gift of a slave, when the possession does not accompany the deed, will not pass the title, unless the deed is recorded within the time required by law; when so recorded, the title, as between the parties, will pass thereby; this, however, is the only effect of the recording of... Most Relevant Cases  
Ex parte Elisha 18 B.Mon. 675, Court of Appeals of Kentucky (January 15, 1858) 1858 1. The provision in section 7, article 9, of the Revised Statutes, 645, that if a family of negroes shall be emancipated, the proceeds of the labor of all shall be united in one common fund, and applied for the removal of all at the same time and to the same place, is not to be confined to cases where the emancipation is by the same... Most Relevant Cases  
Fain v. Cornett 25 Ga. 184, Supreme Court of Georgia (March 01, 1858) 1858 This was an action brought by a son-in-law, to recover of the widow and legal representative of his father-in-law, a family of negroes, alleged to have been given to the plaintiff and his wife, by the defendant's intestate. Considerable testimony was offered on both sides of this case. The verdict was for the defendant, and there was a motion for a... Most Relevant Cases  
Fears v. Sykes 6 George 633, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 1. STATUTE OF LIMITATIONS: IN ALABAMA, VESTS TITLE TO PERSONAL PROPERTY IN THE ADVERSE POSSESSOR.-By the law of Alabama, the adverse possession of a slave for six years, not only bars the remedy for its recovery, but vests the title in the adverse possessor; nor does it change the rule in such a case, that the plaintiff is a non-resident. See Sims... Most Relevant Cases  
Felkel v. Hicks 32 Ala. 25, Supreme Court of Alabama (January 01, 1858) 1858 [TROVER FOR CONVERSION OF SLAVE.] APPEAL from the Circuit Court of Autauga. Tried before the Hon. C. W. RAPIER. Most Relevant Cases  
Ferguson v. Moore 19 Ark. 379, Supreme Court of Arkansas (January 01, 1858) 1858 The husband and wife unite in the sale of land, inherited by the wife while a feme sole, and which had been embraced in a schedule filed under the statute entitled Married Women: with the money received for the wife's land, the husband purchases slaves, taking a bill of sale for them in the name of the wife and to her sole and... Most Relevant Cases  
Fonte v. Horton 7 George 350, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 1. PROBATE COURT: JURISDICTION: TO ENFORCE LEGATEE'S CLAIM FOR HIRE.-The Court of Probates has jurisdiction to compel an executor to deliver to a legatee a slave specifically bequeathed to him, and as an incident thereto to enforce the legatee's claim for hire, during the time the slave was in the executor's possession. 2. SAME: SAME.-The ordinary... Most Relevant Cases  
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