TitleCitationYearSummaryMost RelevantTypeStatus
Ford v. Thompson 1 Head 265, Supreme Court of Tennessee (December 01, 1858) 1858 This was an action of debt brought by Thompson, as assignee for a note under seal, for $350, executed by Ford to one Barrett. The defence was a failure and want of consideration. The note was given as part of the price of a female slave, sold by Barrett to Ford, with a written warranty of soundness, and of good title. The note was assigned after it... Most Relevant Cases  
Franklin v. State 12 Md. 236, Court of Appeals of Maryland (July 20, 1858) 1858 A statute, in its enacting part, prohibited any person from selling spirituous liquors to any slave, unless upon the written order of his or her master, mistress, or owner. An indictment, under this act, charged a party with selling liquor to a slave, who then and there did not have a written order of his master, mistress, or... Most Relevant Cases  
Freeman v. Norwell 25 Ga. 359, Supreme Court of Georgia (May 01, 1858) 1858 Norwell, the defendant in the original action, having failed to give the bond required to be given by the Act, (of 1821,) Yancy G. Freeman, the plaintiff in that action, gave it, and thereupon, received the possession of the negroes for which the action was brought, Yancy G. Freeman then dismissed his action, (a judgment of dismissal being... Most Relevant Cases  
Fry v. Taylor 1 Head 594, Supreme Court of Tennessee (December 01, 1858) 1858 James Taylor, Sr., made his will, and died in Franklin county, in 1839, in which he gave to his daughter, Polly, complainant's intestate, and her sisters Elizabeth and Patsy, and his son, Alden, after giving his wife what he had received by her at marriage, most of his personal estate, except the slaves and some real estate, which he had attempted... Most Relevant Cases  
Gamble v. Nunn 5 Sneed (TN) 465, Supreme Court of Tennessee (September 01, 1858) 1858 The bill in the case was filed by the heirs and distributees of Martha E. Nunn, deceased, against the defendant, as her husband and administrator, for certain slaves and other property in his possession. The chancellor sustained their claim, and defendant appealed. The facts are these: The said Martha E. Thompson married the defendant on the 4th... Most Relevant Cases  
Gardenhire v. Hinds 1 Head 402, Supreme Court of Tennessee (December 01, 1858) 1858 In this cause it is clear that the claim set up by the defendant, Hinds, that he, or his wife Margaret, acquired a title to the slaves Melia and Betsy, by the statute of limitations, cannot be maintained. They were married in 1843 or 1844, and in one of those years obtained possession of these slaves from Adam Gardenhire, her father. And it is... Most Relevant Cases  
Gary v. Stevenson 19 Ark. 580, Supreme Court of Arkansas (January 01, 1858) 1858 Where upon the trial of the issue, in a suit for freedom, whether the plaintiff is of the white or negro race, the preponderance of the testimony is that he belongs to the latter, the presumption of law at once attaches that he is a slave, notwithstanding the admixture of African blood may be but small (Daniel v. Guy et al., 19 Ark. 121.) Where it... Most Relevant Cases  
Gee v. Graves 2 Head 239, Supreme Court of Tennessee (December 01, 1858) 1858 The complainants are the children and legatees of William W. Gee, who died in the year 1839; and file this bill to recover a slave, Harriet, the property of their father at his death, and her increase. These slaves, at the filing of the bill, were in possession of the defendant, Graves, who, about the year 1852, married Susan, the daughter of... Most Relevant Cases  
Gibson v. Hill 21 Tex. 225, Supreme Court of Texas (January 01, 1858) 1858 The material question in this case arises on the charge of the court given to the jury, and on the charge asked by the plaintiff in execution, Gibson, which was refused by the court. The court instructed the jury that they should consider the fact that the vendor remained in possession of the slaves after the sale (among other things) in... Most Relevant Cases  
Gilreath v. Gilreath 4 Jones Eq. 142, Supreme Court of North Carolina (August 01, 1858) 1858 A child is allowed to use fair argument and persuasion to induce a parent to make a will or a deed in his favor. CAUSE removed from the Court of Equity of Wilkes county. Alexander Gilreath, the plaintiff, in December, 1846, made a deed of gift of several slaves and other property, to the defendant, Noah Gilreath. The said Noah was the youngest son... Most Relevant Cases  
Goolsby v. Callahan 26 Ga. 366, Supreme Court of Georgia (August 01, 1858) 1858 In Deceit, it is indispensable, that the scienter be both alleged and proved. Deceit, in Floyd Superior Court. The facts of this case are fully set out in the opinion of the Court. The declaration contained three counts, one, for a breach of warranty, the other two, for a deceit, in the sale of a negro; but Callahan elected to proceed on the counts... Most Relevant Cases  
Gourdin v. West 11 Rich. 288, Court of Appeals of Law of South Carolina (January 01, 1858) 1858 Where salvage is awarded to a slave as one of the crew of a saving vessel, it belongs not to the owner of the slave if he be hired out, but to the party to whom the slave was at the time hired. Most Relevant Cases  
Gray v. Adams 19 Ark. 289, Supreme Court of Arkansas (January 01, 1858) 1858 Frances C. Gray brought an action of detinue against Charles W. Adams, in the Phillips Circuit Court, for the recovery of a slave. The defendant interposed the general issue, and nine other pleas. To some of the special pleas the plaintiff demurred, and the demurrer having been overruled, she took issue to all of the pleas. The issues were, by... Most Relevant Cases  
Green v. Bank of Georgetown 10 Rich.Eq. 27, Court of Appeals of Equity of South Carolina (January 01, 1858) 1858 Under a dormant execution against G., his creditors having levied on certain negroes in his possession, the wife and children of G. filed their bill against the creditors, and G., alleging that the negroes were held under a parol trust for their separate use, and praying that the sale be restrained; that the trusts be decreed and established, as... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Griswold v. Taylor's Adm'r 1 Met. 228, Court of Appeals of Kentucky (September 21, 1858) 1858 1. The hire of a slave is a compensation for his services (5 Mon., 261); a contract for the hire of a negro necessarily implies that there is such a slave, and that it is capable of rendering some service of value to the hirer; and, therefore, although the hirer is entitled to no abatement of the hire on account of the death of the negro after the... Most Relevant Cases  
Guffey v. Moseley 21 Tex. 408, Supreme Court of Texas (January 01, 1858) 1858 Was the evidence, that the negro, under the control and direction of the defendant, shot the mare of the plaintiff, admissible in proof of the averment that the defendant himself shot the mare? We are of opinion that this question must be answered in the affirmative, or at least that the rejection of the proof operated such surprise on the... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Hall v. Goodson 32 Ala. 277, Supreme Court of Alabama (January 01, 1858) 1858 [TRESPASS BY OWNER AGAINST HIRER OF SLAVE.] APPEAL from the Circuit Court of Autauga. Tried before the Hon. E. W. PETTUS. Most Relevant Cases  
Harrell v. Harrell 8 Fla. 46, Supreme Court of Florida (January 01, 1858) 1858 1. Where a widow elects, under the provisions of the act of 1838, to take a child's part in the estate of her deceased husband, if there be no child, she takes one half of the real estate in fee simple and a like quantity of interest in the personality, including slaves, absolutely. 2. It is a rule, in construing statutes, that the... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Harrison & McGehee v. Powell 24 Ga. 530, Supreme Court of Georgia (January 01, 1858) 1858 Powell bought of Harrison & McGehee in Oct., 1855, three negro men, for which he paid $3,100, taking a warranty of soundness. One of the three was Frank, the subject of this suit, valued in the trade at $1,100, and worth that, no doubt, if sound. Powell, the purchaser being satisfied that the boy was unsound, offered to rescind the contract, and... Most Relevant Cases  
Hassell v. Hamilton 33 Ala. 280, Supreme Court of Alabama (June 01, 1858) 1858 [DETINUE FOR SLAVE.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. ROBT. DOUGHERTY. Most Relevant Cases  
Hatcher v. Clifton 33 Ala. 301, Supreme Court of Alabama (June 01, 1858) 1858 [TROVER FOR CONVERSION OF SLAVES.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK. Most Relevant Cases  
Hawkins v. Lee 22 Tex. 544, Supreme Court of Texas (January 01, 1858) 1858 By the common law, when a person takes an estate of freehold under a deed, will, or other writing, with a limitation in the instrument, by way of remainder, of an interest of the same quantity to his heirs, or the heirs of his body, as a class of persons to take in succession, the limitation to the heirs entitles the ancestor to the whole estate.... Most Relevant Cases  
Heard v. Sill 26 Ga. 302, Supreme Court of Georgia (August 01, 1858) 1858 The complainants in this case filed their bill against the defendant, calling on him to account to them for the hire of two negroes, bequeathed to Nancy Sill by her father, Joseph Heard, under the following clause in his will: I give my son, F. H. Heard, in trust for Nancy Sill, two negroes, Bartley and Nat, with a discretionary, that if the said... Most Relevant Cases  
Heffron v. State 8 Fla. 73, Supreme Court of Florida (January 01, 1858) 1858 The appellant was tried and convicted in the Circuit Court of Franklin county, upon two indictments, for selling spirituous liquor to a negro. The appeal was, by consent of counsel, transferred from Marianna to Tallahassee, and has been argued at this term of the court. In the one case, the only error assigned is the refusal of the Judge who... Most Relevant Cases  
Helmes v. Stewart 26 Mo. 529, Supreme Court of Missouri (March 01, 1858) 1858 1. Where, in an action of unlawful detainer, the defendant admits that he is in possession of the premises under and by virtue of a lease executed by the plaintiff, he can not be permitted to invoke the presumption that the plaintiff, being a person of color, is a slave and consequently incapacitated to make a lease or to maintain such a suit.... Most Relevant Cases  
Hendry v. Clardy 8 Fla. 77, Supreme Court of Florida (January 01, 1858) 1858 This was a proceeding in equity instituted by the appellants against a guardian and the sureties on his guardian bond. The original bill alleges that James M. Clardy, in his capacity of guardian, had possessed himself of several large sums of money and of certain slaves, in which the appellants claimed an undivided interest, and asking that the... Most Relevant Cases  
Henry's Heirs v. Gonterman 1 Met. 465, Court of Appeals of Kentucky (December 27, 1858) 1858 The will of C. contained these clauses: I bequeath to my daughter Corinna all my estate, real and personal, consisting of * * * [Here the lands are described and negroes named.] Now in case my daughter Corinna should change her name in marriage, the title of the land and one-half of the negroes above named does not pass to her husband, but I... Most Relevant Cases  
Herndon v. Herndon's Adm'r 27 Mo. 421, Supreme Court of Missouri (October 01, 1858) 1858 The only question in this case is whether, under our dower law (R. C. 1845, 430, ยง3), on the death of the husband without children, the increase of the slaves that come to the husband by the wife, remaining undisposed of at his death, go with the mother to the widow. This question was determined affirmatively by this court in the case of Cotton v.... Most Relevant Cases  
High Shoals Min. & Mfg. Co. v. Grier 4 Jones Eq. 132, Supreme Court of North Carolina (August 01, 1858) 1858 Where a purchaser of mining lands, machinery and slaves, gave a mortgage on the property to secure a balance of the purchase-money, and on account of difficulties arising in the title to portions of the property, it was agreed, in writing, on certain conditions as to paying interest and a sum down, that the payment of the residue of the... Most Relevant Cases  
Hill v. McDonald 1 Head 383, Supreme Court of Tennessee (December 01, 1858) 1858 The uniform course of decision in North Carolina and Tennessee, under the act of 1784, has been that a parol gift or sale of a slave is invalid, as between the parties, when such parol gift, or contract of sale, is neither accompanied nor followed by the delivery of the slave to the donee or bargainee. The authorities as to this are numerous and... Most Relevant Cases  
Hillard v. Frantz 21 Tex. 192, Supreme Court of Texas (January 01, 1858) 1858 The verbal gift of a slave, with immediate delivery, accompanied by the expressed intention and wishes of the donor that the slave should be manumitted, and so accepted by the donee, divested the donor of the property and vested it in the donee, subject only to such equities and conditions as may be lawful. 1 Tex. 161; 12 Tex. 140; 24 Tex. 38.... Most Relevant Cases  
Hobbs v. Ballard 5 Sneed (TN) 395, Supreme Court of Tennessee (April 01, 1858) 1858 The complainants are children of Abigail Louisa Hobbs, and, as such claim to be entitled in remainder to the slaves in controversy, under the will of their grandfather, Ezekiel McCoy, made in 1838. The mother and father of complainants took possession under this will, and enjoyed the life estate, and in 1843, the mother died. The father, about that... Most Relevant Cases  
Hodge v. Blanton 1 Head 560, Supreme Court of Tennessee (December 01, 1858) 1858 This was an action of trespass quare clausum fregit. The trespass complained of, is the digging a grave, and interring the body of a negro child, the property of the defendant, within the limits of a private burying-ground belonging to the plaintiff, and near the graves of the father and other relatives of the plaintiff. Verdict and judgment were... Most Relevant Cases  
Holderness v. Palmer 4 Jones Eq. 107, Supreme Court of North Carolina (June 01, 1858) 1858 All the matters in contest between the parties have been settled and adjusted, by a former decree in the cause, except the question, whether the executor of Nathaniel P. Thomas shall be charged the value of certain slaves, who died between the time of the death of the testator and the period when they were to be delivered up to his legatees. The... Most Relevant Cases  
Hollingsworth v. Miller 5 Sneed (TN) 472, Supreme Court of Tennessee (September 01, 1858) 1858 The decree of the chancellor in this cause is affirmed. It appears in the record, that the complainant and John A. Hollingsworth intermarried about the month of March, 1828, and that some six or eight months after the marriage, Mr. Claiborne, the father of the complainant, placed in the possession of Hollingsworth and wife, a negro child named... Most Relevant Cases  
Holton v. McAllister 6 Jones (NC) 12, Supreme Court of North Carolina (December 01, 1858) 1858 The act of 1823, makes every limitation in remainder by deed effectual, which would be good by an executory bequest; and it seems plain, that, notwithstanding the words heir of the body of Sarah Ann, found in the deed, the event of her dying without heirs is tied up to her life, since the slave is to go over in case of her death before she has... Most Relevant Cases  
Hooper v. Hooper 32 Ala. 669, Supreme Court of Alabama (June 01, 1858) 1858 [BILL IN EQUITY FOR RECOVERY OF LEGACY AND SPECIFC PERFORMANCE OF TRUST FOR BENEFIT OF SLAVES.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK. Most Relevant Cases  
Horne v. Puckett 22 Tex. 201, Supreme Court of Texas (January 01, 1858) 1858 In a suit for a negro, upon the ground that the bill of sale, under which the defendant claimed, though absolute upon its face, was intended by the parties as a mortgage, it is error to instruct the jury, that, if they believe, from the evidence, that at the date of the bill of sale, it was the agreement of the parties, that the defendant should... Most Relevant Cases  
Hoskins v. Parsons 1 Met. 251, Court of Appeals of Kentucky (September 24, 1858) 1858 R. and H. executed their joint note to McM., in part payment for a negro; afterwards H. sold his interest in the purchase to R., who agreed to pay the note; McM. sued and obtained judgment against both R. and H.; R., who had property sufficient to satisfy the execution, replevied the debt, with P. as surety; the sheriff, who had not seen H.,... Most Relevant Cases  
Howard v. Howard 6 Jones (NC) 235, Supreme Court of North Carolina (December 01, 1858) 1858 A male and female slave intermarried, with the consent of the owners, in the form usual among slaves; afterwards, the male slave was emancipated, and purchassed his wife; they then had born to them one child; the female slave was then emancipated, and, still living as man and wife, but without any further ceremony passsing between them, they had... Most Relevant Cases  
Howell v. Howell 19 Ark. 339, Supreme Court of Arkansas (January 01, 1858) 1858 The slaves acquired by a married woman, unless by a conveyance expressly setting forth that they are given to her sole and separate use, do not become her absolute property under the statute, (Dig., chap. 104, and Amendment thereto of 11th January, 1851), unless she file the schedule prescribed by the statutethe filing and recording of the... Most Relevant Cases  
Hubby v. Stokes 22 Tex. 217, Supreme Court of Texas (January 01, 1858) 1858 Where there is fraud in fact, in the sale of a negro, it may be relied on to maintain an action, regardless of a warranty in the bill of sale. A special warranty of the soundness of a slave, to the extent of the warrantor's knowledge and belief, does not subject him to damages, though the negro be worthless, in the absence of proof of knowledge in... Most Relevant Cases  
Hudgins v. State 26 Ga. 350, Supreme Court of Georgia (August 01, 1858) 1858 [1.] Where a slave disappears from the possession of his owner, and is found in the custody of the defendant, who feloniously removes or sends him out of the State to be sold, he appropriating the proceeds, the presumption of law is, that he was stolen from the residence of the master, and the burden of proof is upon the accused to establish the... Most Relevant Cases  
Hudson v. Brown 11 Rich. 643, Court of Appeals of Law of South Carolina (December 01, 1858) 1858 A. had a considerable sum of money stolen from him by the slave of B., a part of which was recovered, and for the balance B. gave A. his single bill, and A. did not prosecute the slave for the felony. The jury having found, upon the evidence, that an agreement not to prosecute the slave formed no part of the consideration of the single bill, on... Most Relevant Cases  
Huey v. State 31 Ala. 349, Supreme Court of Alabama (January 01, 1858) 1858 [INDICTMENT FOR SELLING LIQUOR TO SLAVE.] APPEAL from the Circuit Court of Madison. Tried before the Hon. WILLIAM M. BROOKS. Most Relevant Cases  
Humphries v. Bradford 32 Ala. 500, Supreme Court of Alabama (January 01, 1858) 1858 [ACTION FOR BREACH OF WARRANTY OF SOUNDNESS OF SLAVE.] APPEAL from the Circuit Court of Chambers. Tried before the Hon. E. W. PETTUS. Most Relevant Cases  
Hunter v. Humphreys 14 Gratt. 287, Supreme Court of Appeals of Virginia (April 27, 1858) 1858 1. In a suit for freedom there is a special verdict which finds that the defendant took possession of the plaintiff in the county of Prince Georges, Maryland, and has since retained her in his possession down to the institution of this suit; but it does not state that the plaintiff was detained as a slave in the county where the suit was... Most Relevant Cases  
Ikelheimer v. Chapman's Adm'rs 32 Ala. 676, Supreme Court of Alabama (June 01, 1858) 1858 [DETINUE FOR SLAVE, BY ADMINISTRATOR DE BONIS NON AGAINST PURCHASER FROM ADMINISTRATOR IN CHIEF.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. E. W. PETTUS. Most Relevant Cases  
Ingram v. Smith 1 Head 411, Supreme Court of Tennessee (December 01, 1858) 1858 The original bill in this case was filed on the 5th day of February, 1848, by Samuel Ingram and others, the children of Polly Ingram, against Alfred McClain, Joseph Smith, J. M. Smith, and Henry F. Smith, to attach certain slaves in the possession of the defendants, and to have the complainants' rights therein declared and protected. The bill... Most Relevant Cases  
INVENTION OF A SLAVE. 9 U.S. Op. Atty. Gen. 171 (June 10, 1858) 1858   Most Relevant Administrative Decisions & Guidance  
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