Title | Citation | Year | Summary | Most Relevant | Type | Status |
Jarman v. Humphrey |
6 Jones (NC) 28, Supreme Court of North Carolina (December 01, 1858) |
1858 |
Where the owner of a slave actively participated in legal proceedings for his emancipation, and for more than thirty years acquiesced in the judgment of the Court declaring his freedom, whether such proceedings were regular or otherwise, the title of such former owner is divested, and enures to the benefit of the colored person. Where a person of... |
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John v. State |
1 Head 49, Supreme Court of Tennessee (September 01, 1858) |
1858 |
The plaintiff in error was indicted in the Circuit Court of Grainger, for the murder of a female slave, the wife of the prisoner. He was found guilty, and sentenced to be hung. The case is brought up by an appeal in error; and the error assigned is, the refusal of the court to grant a continuance of the case. It appears from the record, that the... |
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Johnson v. Brown |
26 Ga. 371, Supreme Court of Georgia (August 01, 1858) |
1858 |
The plaintiffs in error, sued the defendants in error, in equity, for an interest in certain negroes. The defendants, among other things, relied on the statute of limitations in their defence. It appeared, by the evidence of John Vandergriff, that in July, 1825, he bought the negroes for $,1000, from William Brown, the father of Mrs. Johnson and... |
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Johnson v. Dunn |
6 Jones (NC) 122, Supreme Court of North Carolina (December 01, 1858) |
1858 |
Where one covenanted to hire slaves, in pairs as sawyers, at so much per month, to be delivered on several given days, and he failed to deliver them on the days stipulated, but afterwards two of the pairs were produced and accepted, and one pair was not produced at all, it was Held that these stipulations were several and divisible, and that the... |
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Johnson's Adm'r v. Johnson |
32 Ala. 637, Supreme Court of Alabama (June 01, 1858) |
1858 |
[DETINUE FOR SLAVES, BY WIFE'S ADMINISTRATOR AGAINST SURVIVING HUSBAND.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. JOHN GILL SHORTER. |
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Jones v. Allen |
1 Head 626, Supreme Court of Tennessee (December 01, 1858) |
1858 |
This was an action on the case, to recover the value of a slave, the property of Allen, alleged to have been wrongfully converted by Jones. Verdict and judgment were for the plaintiff, for $1,050. The following are the material facts: In the fall of 1857, Jones had a corn-husking. He invited his neighbors to assist him, and sent a message to Allen,... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Jones v. Baird |
4 Jones Eq. 167, Supreme Court of North Carolina (December 01, 1858) |
1858 |
Where a party made a bill of sale of a slave, for a valuable consideration, which was inoperative, because there was no subscribing witness to it, it was Held that the purchaser had a clear equity to call for a conveyance; either upon the ground that it was an attempt to pass the title, which failed by reason of a mere formal defect, or upon the... |
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Jones v. City of Columbus |
25 Ga. 610, Supreme Court of Georgia (June 01, 1858) |
1858 |
[1.] The title of an Act amending a former Act of the Legislature, may be looked to, as well as that of the original Act, to ascertain if the amending Act has any matter different from what is expressed in the title. [2.] A city having the right to tax slaves employed and laboring in the city, belonging to persons resident out of the city, may... |
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Jones v. Godwin |
10 Rich.Eq. 226, Court of Appeals of Equity of South Carolina (May 01, 1858) |
1858 |
Actual notice of an unrecorded marriage settlement inferred from circumstances, the principal fact being that the purchaser took a bill of sale from the trustee and the husband. Where the husband and trustee sold a negro held in trust for the wife for life, with remainder to the children, and the purchaser remained in possession eight years, when... |
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Jones v. Hill |
26 Ga. 194, Supreme Court of Georgia (June 01, 1858) |
1858 |
In case against livery stable keepers, for carelessly tying a horse, whereby he choked himself to death, a witness swore, that he told the negro boy in attendance at the stables, not to tie the horse. The witness and the plaintiff were horse drovers, driving their horses in company. At the time when these words were spoken to the... |
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Josey v. Wilmington & M.R. Co. |
11 Rich. 399, Court of Appeals of Law of South Carolina (May 01, 1858) |
1858 |
In case against a Railroad Company, for carrying off plaintiff's slave without his knowledge or consent, mere proof of transportation is itself sufficient evidence of negligence to throw the onus on the defendants. Where a witness is interested and a release will make him competent, such release must be given, and a bond of indemnity from a third... |
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Kearly v. Duncan |
1 Head 397, Supreme Court of Tennessee (December 01, 1858) |
1858 |
This was an action on the case, grounded on an alleged breach of warranty of the soundness of certain slaves. The evidence of the warranty, relied on by the plaintiff, is contained in the following instrument: Received of M. B. Duncan, fourteen hundred dollars, for negro woman Arzilla and two children, sold under decree of court, by William... |
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Kelly v. Davis |
1 Head 71, Supreme Court of Tennessee (September 01, 1858) |
1858 |
This suit was commenced before a justice of the peace, under the third section of the act of 1813, ch. 135, which prohibits all traffic with slaves (except for articles of their own manufacture) without permission of the owner. The first section prescribes the penalty, and likewise the mode of recovery, as follows: the person so... |
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Kirkwood v. Miller |
5 Sneed (TN) 455, Supreme Court of Tennessee (April 01, 1858) |
1858 |
This case was before us, at last term, upon an appeal in error, by the plaintiff, from a verdict and judgment against him. The action is trespass, for killing a negro man, slave of the plaintiff, by the defendants. The fact was never denied; but the defendants relied, in that trial, upon the ground that, at the time they slew the slave, they had... |
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Lancaster v. Allen |
1 Head 326, Supreme Court of Tennessee (December 01, 1858) |
1858 |
This was an action of debt upon a bill single for $180, executed by Lancaster to Allen, on the first of January, 1854. The note express on its face that the money was payable to Allen, as guardian of one John Allen, for the hire of four slaves, the property of the ward, for the year 1854. The suit was commenced before a justice on the 5th of... |
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Leetch v. State |
2 Head 140, Supreme Court of Tennessee (December 01, 1858) |
1858 |
This is an indictment under the act of 1831, ch. 103, secs. 1 and 2, and is the first which has come before us. The description of the offence is thus given in the act: Sec. 1. All assemblages of slaves in unusual numbers, or at suspicious times and places, not expressly authorized by the owners, shall be held and considered an unlawful... |
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Levister v. Hilliard |
4 Jones Eq. 12, Supreme Court of North Carolina (June 01, 1858) |
1858 |
Was the instrument delivered, so as to become the deed of Stephen Sparks? is the main question in the cause. Harrison White, swears that he was called upon by Sparks, at his (Sparks') house, to draw a conveyance from him to Mary Ann White, for two negroes, Candice and Minerva. The witness told him he did not understand writing either a deed of... |
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Lewis v. Lusk |
6 George 401, High Court of Errors and Appeals of Mississippi (October 01, 1858) |
1858 |
1. SLAVERY: BEQUEST OF EMANCIPATION: AMERICAN COLONIZATION SOCIETY.-The decision of this court, in Lusk v. Lewis et al. 32 Miss. R. 297, holding that the American Colonization Society is incapable of taking a bequest of slaves in this State, and that such bequests are absolutely void and go to the heir, cited and reaffirmed. 2. SAME: WILL: VALID... |
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Lide v. Lide's Adm'r |
32 Ala. 449, Supreme Court of Alabama (January 01, 1858) |
1858 |
[DETINUE FOR SLAVES BY HUSBAND'S ADMINISTRATOR AGAINST WIDOW.] APPEAL from the Circuit Court of Montgomery. Tried before the Hon. E. W. PETTUS. |
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Linton v. Walker |
8 Fla. 144, Supreme Court of Florida (January 01, 1858) |
1858 |
This is a suit of the infant children and heirs of the late Mrs. Minor Walker, claiming of the appellant, Linton, the hire of fifteen slaves which they own through a legacy from their grandfather, Jaqueline Peterson, who, in the year 1824, made his will in Hancock, Georgia, giving this and other property to his daughter Martha, their mother, and... |
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Little v. Fitts |
33 Ala. 343, Supreme Court of Alabama (June 01, 1858) |
1858 |
[TRIAL OF RIGHT OF PROPERTY IN SLAVE.] APPEAL from the Circuit Court of Mobile. Tried before the Hon. NAT. COOK. |
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Ludwick v. Stafford |
6 Jones (NC) 109, Supreme Court of North Carolina (December 01, 1858) |
1858 |
The forfeiture, under the act of 1820, for marrying a female under the age of fifteen, arises, not from the offense simply, but from that, and a conviction following in due time. (Note.--This provision altered by act of 1855, Revised Code, chap. 68, sec. 10, 11.) ACTION of DETINUE, for four slaves, tried before MANLY, J., at the last Cabarrus... |
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Lynn v. Bradley |
1 Met. 232, Court of Appeals of Kentucky (September 22, 1858) |
1858 |
1. The statutes which authorize husband and wife to execute deeds of conveyance, prior to the act of 1846, relate exclusively to real estate; and, therefore, a deed executed in 1840 by husband and wife, transferring to the grantee their reversionary interest in the slaves of the wife, is not effectual for that purpose, though acknowledged by her,... |
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Marsh v. Hampton |
5 Jones (NC) 382, Supreme Court of North Carolina (June 01, 1858) |
1858 |
We are unable to perceive any sufficient reason why the testimony, offered and rejected in the present case, was not as competent as that which was decided to be admissible in the cases of Askew v. Reynolds, 1 Dev. and Bat. Rep. 367, and Foster v. Woodfin, 11 Ired. Rep. 339. The case states that after the purchase of the slave by Elliott, he... |
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Matter of Archy |
9 Cal. 147, Supreme Court of California (January 01, 1858) |
1858 |
The right of transit through each State, with every species of property known to the Constitution of the United States, and recognized by that paramount law, is secured by that instrument to each citizen, and does not depend upon the uncertain and changeable ground of mere comity. The character of immigrant or traveler, bringing with him a slave... |
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Maynard v. Lawrence |
26 Ga. 411, Supreme Court of Georgia (August 01, 1858) |
1858 |
The defendants in error, sued the plaintiff in error, in trover, for a negro, and got a verdict. There was a motion for a new trial, which motion was put on the grounds, that the verdict was contrary to the evidence, and to the law; and, that one of the jurors, was related to James Lawrence, one of the parties, in whose favor the verdict was. This... |
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McArthur v. Carrie |
32 Ala. 75, Supreme Court of Alabama (January 01, 1858) |
1858 |
[DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Tallapoosa. Tried before the Hon. JOHN GILL SHORTER. |
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McConeghy v. McCaw |
31 Ala. 447, Supreme Court of Alabama (January 01, 1858) |
1858 |
[TROVER BY FEME COVERT FOR CONVERSION OF SLAVE.] APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. |
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McKenzie v. Kerr |
5 Sneed (TN) 539, Supreme Court of Tennessee (September 01, 1858) |
1858 |
After a careful examination of this record, we think the decree of the chancellor should be affirmed. It is argued here for complainant, that he is entitled to relief upon the defendant's warranty, whether he, at the time of the sale, knew of the unsoundness of the slave or not; that though the bill of sale only contained a warranty that she was... |
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McKnight v. McKnight |
10 Rich.Eq. 157, Court of Appeals of Equity of South Carolina (May 01, 1858) |
1858 |
Where the trustees are to hold the property, negroes, for the sole and separate use of a married woman and her children, and to receive the rents and profits and pay them over to her, it is no breach of trust to permit the negroes to go into the possession of the husband for the benefit and support of the wife; and if the husband should run the... |
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Mickelberry & Mobley v. Shannon |
25 Ga. 237, Supreme Court of Georgia (March 01, 1858) |
1858 |
A. and B. give their note payable to C., for the hire of a negro for a particular year. The negro having been previously hired to another person, the note is returned to B., who, for a consideration, re-issues it to D. Held, that the original note having become functus upon its re-delivery to one o the makers, on account of the failure of... |
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Miller v. Holmes |
4 Jones Eq. 250, Supreme Court of North Carolina (December 01, 1858) |
1858 |
The claim of the plaintiffs is, as we think, fully sustained by a fair construction of the will of their grandfather, Moses Holmes. Whatever interest in the slaves, or in any matter concerning them, which was given to the mother, was confined to her for life, and after death, was given to her children. As to the boy, Robert, the question is too... |
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Milner v. Calvert |
1 Met. 472, Court of Appeals of Kentucky (December 29, 1858) |
1858 |
1. The last will and testament of M. contained these clauses: 1 I give to my wife, Martha, the south home-quarter, my negro boy Levi, and my woman, Terry and children, to use as she thinks best, during her lifetime, and then to go to my children, and should there be a surplus above her support, the proceeds to be equally divided among my children.... |
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Mitchell v. Gillespie |
25 Ga. 346, Supreme Court of Georgia (May 01, 1858) |
1858 |
This case comes up from the Superior Court of the county of Franklin, on a demurrer to the defendant's plea. It appears, that on the fourteenth day of October, eighteen hundred and fifty-one, the defendant sold to the plaintiff three negroes, for which the plaintiff paid him twelve hundred dollars. The defendant executed to the plaintiff a bill of... |
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Mitchell v. Printup |
25 Ga. 182, Supreme Court of Georgia (March 01, 1858) |
1858 |
Printup sued Mitchell for $300. They held jointly a note for $600 on one Lawrence. Mitchell gave Printup his receipt acknowledging that Printup was joint owner of the paper. Lawrence paid Mitchell the note. Mitchell sold Printup a negro for $600; and insisting that Printup's interest in the Lawrence note was settled in this way, he pleaded payment,... |
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Moore v. Smith |
11 Rich. 569, Court of Appeals of Law of South Carolina (December 01, 1858) |
1858 |
Trover by A. against B. for the conversion of a slave. It appeared that A. had been absent from the State for more than seven years unheard of; that thereupon letters of administration of his goods and chattels were granted; that his estate was distributed, and the slave allotted to a distributee, whose agent sold her to B.:-Held, that plaintiff... |
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Moore's Adm'r v. Sheppard |
1 Met. 97, Court of Appeals of Kentucky (June 24, 1858) |
1858 |
1. The defendant may demur to the petition when it appears on its face that there is another action pending between the same parties for the same cause. (Civil Code, sec. 120.) 2. A suit, brought in the Wayne circuit court by M., etc., against S., etc., for the recovery of land, slaves, &c., was removed by change of venue to the Clinton circuit... |
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Morgan v. Reed |
2 Head 276, Supreme Court of Tennessee (December 01, 1858) |
1858 |
The complainants, who are a part of the distributees of the estate of Moses A. Morgan, who died intestate in Bedford county, in the year 1845, brought this bill to recover certain slaves claimed by them, in the possession of the defendant, Reed. The intestate left a widow and seven children; the latter were then all infants under the age of... |
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Morine v. Wilson |
19 Ark. 520, Supreme Court of Arkansas (January 01, 1858) |
1858 |
This was a bill in chancery, alleging that complainant owning certain slaves, and being a refugee from the Island of St. Domingo, ignorant of our language and laws, and uneducated, and of weak understanding, was induced by the fair promises and persuasions of one Alexander Wiles, to execute a deed of gift to him, in the year 1838, for the aforesaid... |
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Myers' Ex'rs v. Myers |
33 Ala. 85, Supreme Court of Alabama (June 01, 1858) |
1858 |
[ACTION BY LEGATEE AGAINST EXECUTORS FOR HIRE OF SLAVES.] APPEAL from the Circuit Court of Montgomery. Tried before the Hon. JOHN E. MOORE. |
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Newsom v. Jackson |
26 Ga. 241, Supreme Court of Georgia (June 01, 1858) |
1858 |
[1.] The judgment of reversal in this case is put upon the ground that the witnesses, P. P. Bond and J. Bond, were permitted to testify against the objections of defendant's counsel. That the negroes in the possession of P. P. Bond were the separate estate of his wife, and not liable to the husband's debts, whereas the contract of settlement was... |
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O'Brien v. Hilburn |
22 Tex. 616, Supreme Court of Texas (January 01, 1858) |
1858 |
In an action by a married woman, for the recovery of negroes, as her separate property, against one who claims under a purchase from her husband, it is immaterial whether the instrument, under which she claims, vest in her the absolute ownership, or only a life estate; nor is it material, as respects the measure of damages, unless the pleadings and... |
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Oliver v. Stone |
24 Ga. 63, Supreme Court of Georgia (January 01, 1858) |
1858 |
Delivery is essential to a deed. In equity, from Burke Superior Court. Thomas W. Oliver and Eliza Oliver, his wife, and Orren D. Lassiter and Mary Lassiter, his wife, filed this bill against James G. Stone and Eliza, his wife, formerly Mrs. Eliza Burke, for an account and partition of certain negro slaves alleged to be in defendants' possession,... |
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Owen v. Hancock |
1 Head 563, Supreme Court of Tennessee (December 01, 1858) |
1858 |
Richard Hancock died in Cannon county, Tennessee, the 15th of July, 1855, leaving a widow and three children, the complainant, Alaminta, and the defendants. This bill is filed for the settlement of the estate, and to set aside a division of the slaves and other property made by the intestate and the parties, a day or two before his death. The... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Owen v. Walker |
26 Ga. 347, Supreme Court of Georgia (August 01, 1858) |
1858 |
Allen M. Walker died in 1849, leaving Jesse L. Owen and Nathaniel F. Walker his executors. Owen alone qualified, and under the Act of the Legislature passed in 1847 [Cobb 337] kept the negroes of the deceased together, and worked them upon the plantations of the testator until 1855, when Owen, the executor, died. Nathaniel F. Walker then came... |
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Parker v. Thompson |
5 Sneed (TN) 349, Supreme Court of Tennessee (April 01, 1858) |
1858 |
The plaintiff brought this action to recover the value of a slave. There are two counts in the declaration: one in case and the other in trover. Upon the plea of not guilty there were verdict and judgment for the defendant, a new trial was refused, and the plaintiffs appealed in error to this court. The proof shows that the negro man of the... |
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Patton v. Hamner |
33 Ala. 307, Supreme Court of Alabama (June 01, 1858) |
1858 |
[DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Wilcox. Tried before the Hon. ROBERT DOUGHERTY. |
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Payne & Harrison v. Bentley's Adm'r |
21 Tex. 452, Supreme Court of Texas (January 01, 1858) |
1858 |
A husband, after separation by divorce, is liable for supplies and necessaries furnished the family, the family consisting of himself, his wife, her children and her negroes, residing on and cultivating her farm, purchased by him during the marriage, though the articles were alleged to have been furnished on the faith and credit of her said... |
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Peake v. Scaife |
11 Rich. 672, Court of Appeals of Law of South Carolina (November 01, 1858) |
1858 |
A physician who attends slaves at the request of the hirer, cannot sue the owner for his billthere being no privity of contract between themeven though the owner agreed with the hirer that he would pay all physician's bills. In such case the hirer should pay the bill, and he then would have the right, it seems, to resort to the owner... |
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Pearce v. Vaughn |
25 Ga. 27, Supreme Court of Georgia (March 01, 1858) |
1858 |
Where the evidence is balanced, a judgment refusing a new trial, will not be disturbed. Covenant, from Spalding county. This was an action of covenant, by Theophilus Pearce against Lucinda Vaughn, for the recovery of damages for the breach of the warranty of soundness of a negro woman slave named Lucy, sold by defendant to plaintiff. The jury found... |
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