TitleCitationYearSummaryMost RelevantTypeStatus
Pickens v. Oliver 32 Ala. 626, Supreme Court of Alabama (June 01, 1858) 1858 [DETINUE BY HUSBAND AND WIFE FOR SLAVES BELONGING TO SEPARATE ESTATE.] APPEAL from the Circuit Court of Butler. Tried before the Hon. E. W. PETTUS. Most Relevant Cases  
Polk, Wilson & Co. v. Fancher 1 Head 336, Supreme Court of Tennessee (December 01, 1858) 1858 This was an action on the case, with one count in trover and another in case, brought against the defendants in White Circuit Court, to recover damages for killing their negro man slave, Austin. The verdict and judgment were in favor of the plaintiffs for one cent damages, and they bring up the case by appeal in error. The court permitted the... Most Relevant Cases  
Poyner v. McRae 5 Jones (NC) 276, Supreme Court of North Carolina (June 01, 1858) 1858 A covenant, containing the terms of hiring a slave, and providing that the slave is not to go out of this State, does not mean that the party is to prohibit the slave from going out of the State at all events and under all circumstances, but to forbid him from taking the slave out of the State to work, and to bind him to the use of all proper care... Most Relevant Cases  
Prince v. Broach 5 Sneed (TN) 318, Supreme Court of Tennessee (April 01, 1858) 1858 John Prince made his will in 1849, and died in 1850. The clause in the will touching the slaves now in contest, is this: I also further will and bequeath unto my son, Geo. H. Prince, negro girls, Martha and Frances, to be sold for the sole and separate use of my daughter, Jane W. Broach, for and during the term of her natural life, and after... Most Relevant Cases  
Pritchett v. Cannon 10 Rich.Eq. 394, Court of Appeals of Equity of South Carolina (November 01, 1858) 1858 Testator bequeathed as follows: I give and bequeath to my daughter, A. N., two negro girls, to wit: Hanna and Dina, which is intailed to her brothers, she leaving no lawful issue:-Held, that the limitation to the brothers was valid, and that they took transmissible interests, which became absolute upon the death of A. N. without issue. Most Relevant Cases  
Pyron v. Parker 25 Ga. 17, Supreme Court of Georgia (March 01, 1858) 1858 A deed of gift of a slave, if made and recorded according to the provisions of the Act of 1838, to prescribe the mode of making gifts of slaves, is good against subsequent purchasers from the donor. Trover, from Spalding county. This was an action of trover brought by Sarah C. Parker, and others, against Josiah Pyron and Lewis Pyron,... Most Relevant Cases  
Raiford v. French 11 Rich. 367, Court of Appeals of Law of South Carolina (May 01, 1858) 1858 Evidence-Declarations of Agent. The declarations of an agent must be contemporaneous with the act done, or they are inadmissible as evidence. B's wife was the daughter of A, and A's wife carried to B's house a negro boy, where she left him, and he remained in B's possession near three years. In trover by A against B for the conversion of the negro... Most Relevant Cases  
Rambo v. Wyatt's Adm'r 32 Ala. 363, Supreme Court of Alabama (January 01, 1858) 1858 [DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. JOHN GILL SHORTER. Most Relevant Cases  
Redding v. Long 4 Jones Eq. 216, Supreme Court of North Carolina (December 01, 1858) 1858 A provision in a deed, conveying slaves to one, in trust for the grantor, during her life, and then to send them to Liberia, or some free State, if they make choice to go within one year after the grantor's death, is not against the provisions or policy of our statutes on the subject of slavery. Though slaves have no capacity to make... Most Relevant Cases  
Reid v. Butt 25 Ga. 28, Supreme Court of Georgia (March 01, 1858) 1858 [1.] To entitle an administrator to maintain trover against the vendee of his intestate's son and heir at law, it is not necessary to show an order of the Ordinary authorizing a sale of the slaves. [2.] Where an unmarried son lives with his father, the presumption is that the property on the place belongs to the father. If the father lives with the... Most Relevant Cases  
Reid's Adm'r v. Blackstone 14 Gratt. 363, Supreme Court of Appeals of Virginia (May 11, 1858) 1858 Testator gives his whole estate, including lands, slaves, bonds, &c., to his nephew R. of Pittsburg. And then in a postscript he says, I wish you to take the negroes to Pennsylvania where they will be free. He appointed no executor, but B. qualified as administrator with the will annexed. 1. QUÆRE: If the will creates a trust in... Most Relevant Cases  
Richardson v. Dingle 11 Rich. 405, Court of Appeals of Law of South Carolina (May 01, 1858) 1858 A party objecting to the competency of a witness on the ground of interest must make it clearly appear that he has a certain direct and immediate interest in the event of the cause itself. If his interest be doubtful, the objection goes to his credit and not to his competency. The terms upon which a negro was hired, may be shown by parol, although... Most Relevant Cases  
Richardson v. Hoge 24 Ga. 203, Supreme Court of Georgia (January 01, 1858) 1858 The plaintiff offered the interrogatories of James Richardson, as the interrogatories of an aged and infirm person. They were objected to, on the ground of interest. The Court sustained the objection. Was the Court right in doing so? On the 18th of February, 1846, James Richardson conveyed the negro to John S. Richardson, on certain trusts. In... Most Relevant Cases  
Ricks v. Pinson 21 Tex. 507, Supreme Court of Texas (January 01, 1858) 1858 This suit is on a promissory note with a mortgage on two negroes, to secure the payment, the whole embraced in one instrument. The defendants having made default, there was judgment for the amount of the note, and for the sale of the property mortgaged. The plaintiff in error insists that there was error in giving judgment on the mortgage, without... Most Relevant Cases  
Roberts v. Boylan 24 Ga. 40, Supreme Court of Georgia (January 01, 1858) 1858 [1.] A deed of assignment for the benefit of creditors, conveying all the property of the debtor, and then setting forth specially, certain slaves by value without further saying, all other slaves not mentioned, or not remembered, or other equivalent words, conveys only the negroes whose names are mentioned in the... Most Relevant Cases  
Roberts v. Fleming 31 Ala. 683, Supreme Court of Alabama (January 01, 1858) 1858 [ACTION FOR BREACH OF WARRANTY OF SOUNDNESS OF SLAVE.] APPEAL from the Circuit Court of Talladega. Tried before the Hon. E. W. PETTUS. Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Robinson v. Harford County Com'rs 12 Md. 132, Court of Appeals of Maryland (June 17, 1858) 1858 A valuation of a convicted slave was made by the judge on the same day of the sentence, and nine days thereafter, and during the same term, the county commissioners filed a petition asking the judge to correct the valuation, upon the ground that it was erroneously made too high, for reasons stated, and the court passed an order setting the petition... Most Relevant Cases  
Sanderlin v. Sanderlin 24 Ga. 583, Supreme Court of Georgia (January 01, 1858) 1858 [1.] It is not proper, that a question to a witness, should assume that he has made a statement which, he says, he has not made. [2.] A slave passed from the father to the son, on the marriage of the son, the question was, whether the slave so passed as a gift, or as a loan. The father had said, a month before the marriage, that he intended to give... Most Relevant Cases  
Sanders v. Anderson 10 Rich.Eq. 232, Court of Appeals of Equity of South Carolina (May 01, 1858) 1858 The question, whether the Court has jurisdiction to decree the specific delivery of slaves to any one but the absolute owner, reserved. In decreeing compensation for the loss or injury arising from a trespass, as the unlawful taking and detention of slaves, the Court confines itself to giving compensation for the actual loss or injury; it cannot... Most Relevant Cases  
Sanders v. Ward 25 Ga. 109, Supreme Court of Georgia (March 01, 1858) 1858 A will directing the executor, after the payment of the debts of the testator, which were small, and the estate, independent of the negro property, ample to discharge them, to remove the testator's slaves to some free State, to be selected by the executor, and there to set them free, is not contrary to the laws of this State, nor within the Acts of... Most Relevant Cases  
Saunders v. Harris 1 Head 185, Supreme Court of Tennessee (December 01, 1858) 1858 The controversy in this case is in relation to a certain negro slave named Lydia and her descendants. The complainants claim that she was the property of their father, James Saunders, deceased, and passed with her increase under the provisions of his will. The defendants insist that she was held in trust for the sole and separate use of Levisa... Most Relevant Cases  
Shaw v. Brown 6 George 246, High Court of Errors and Appeals of Mississippi (April 01, 1858) 1858 1. MASTER AND SLAVE: RIGHT TO CARRY SLAVE OUT OF THE STATE, AND EMANCIPATE HIM.The owner of a slave, domiciled in this State, may lawfully remove him to another State where emancipation is allowed, and there manumit him, in accordance with the laws of that State. This power results from the absolute dominion of the owner over his property,... Most Relevant Cases  
Sheriff v. Charles 12 Md. 280, Court of Appeals of Maryland (July 20, 1858) 1858 We are of opinion the court properly refused the prayer of the petition of the appellant. It is clear from the language of the will of his testator, that he intended to set free all his slaves, which he did, so far as he could do so, by unequivocal language. The substance of the averments of the petition may be thus given: that the personal estate... Most Relevant Cases  
Shewalter v. Brown 6 George 423, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 1. TAXES: SALES OF SLAVES, HORSES, ETC., SUBJECT TO COUNTY LEVIES.-Traders in horses, mules, and slaves are liable, under the Revenue Act of 1857, to pay the county levies on the amount of their sales. 2. SAME: COUNTY TAXES NOT COLLECTABLE, WITHOUT ASSESSMENT BY THE BOARD OF POLICE.-A collection of county taxes, on the amount of the sales of slaves... Most Relevant Cases  
Shumate v. Ballard 1 Met. 31, Court of Appeals of Kentucky (June 10, 1858) 1858 A negro, given by a father to his married daughter, Mrs. B., in 1849 or 1850, was exchanged, in 1850, with F., for a negro woman and child; and F. executed a bill of sale to the husband of Mrs. B. for the negro woman and child. In 1856, a child of the negro woman, born since 1850, was sold under an execution against the husband of Mrs. B., and S.... Most Relevant Cases  
Simmons v. Kincaid 5 Sneed (TN) 450, Supreme Court of Tennessee (April 01, 1858) 1858 The bill was filed by Clarissa Simmons, by her next friend, and her seven children, to recover a negro girl, slave, Jane, in the possession of, and claimed by the defendant, Kincaid, under a bill of sale signed by the said Clarissa, her husband, George Simmons, a defendant, and her three oldest children, only one of whom, the said Milton B., was of... Most Relevant Cases  
Sims v. Boynton 32 Ala. 353, Supreme Court of Alabama (January 01, 1858) 1858 [DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Barbour. Tried before the Hon. JOHN GILL SHORTER. Most Relevant Cases  
Smith v. Adam 18 B.Mon. 685, Court of Appeals of Kentucky (January 20, 1858) 1858 1. A deed purporting to emancipate a slave, since the passage of the Revised Statutes, is ineffectual for that purpose, unless proved or acknowledged in the county court as required by the statute. (Chap. 93, art. 9, sec. 1, p. 643.) 2. Visits of short duration, or for a temporary purpose, made by a slave to a free State, though with the assent of... Most Relevant Cases  
Smith v. Chew 6 George 153, High Court of Errors and Appeals of Mississippi (April 01, 1858) 1858 1. EXECUTOR AND ADMINISTRATOR: SALE OF SLAVES BY: NOTICE.-An order to sell slaves, for the payment of debts, may be made without notice to the distributees. See Hutch. Dig. 669, § 109. 2. PROBATE COURT: JURISDICTION TO ANNUL A SALE: CHANCERY: JURISDICTION.-The Court of Probates has no jurisdiction to annul an administrator's sale, for fraud, after... Most Relevant Cases  
Smith v. Garrett 31 Ala. 492, Supreme Court of Alabama (January 01, 1858) 1858 [ACTION ON NOTE GIVEN FOR PURCHASE-MONEY OF SLAVE.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. JOHN GILL SHORTER. Most Relevant Cases  
Smith v. Metcalf 1 Head 64, Supreme Court of Tennessee (September 01, 1858) 1858 This was an action of detinue for a slave, Betty, in which judgment was rendered against the plaintiff, and he has appealed in error to this court. The plaintiff is the sole executor of Jackson Smith, who died about June, 1852, and claims the slave as trustee under his will, and the codicils thereto attached. The testator had had seven children,... Most Relevant Cases  
Smith v. Walden 26 Ga. 249, Supreme Court of Georgia (June 01, 1858) 1858 When the submission is to three arbitrators, an award by two, is not valid. In Equity. Motion to dissolve injunction, and to dismiss bill, in Randolph Superior Court. This was originally a controversy in relation to certain negroes. The parties agreed to submit the matter to arbitration, under the Act of 1856. Two of the arbitrators made an award,... Most Relevant Cases  
Southall's Adm'r v. Taylor 14 Gratt. 269, Supreme Court of Appeals of Virginia (March 09, 1858) 1858 The liability of Southall's estate for Sheldon and Maupin's bond of two thousand two hundred and sixty-two dollars and eighty-two cents, is, I think, free from serious doubt. The testator by his will directed that all his property, real and personal, except his slaves, should be sold, and that the proceeds of sale, together with whatever money... Most Relevant Cases  
Southern v. Cunningham 11 Rich. 533, Court of Appeals of Law of South Carolina (November 01, 1858) 1858 Where the contract of sale gives the purchaser the option to return the slave and pay hire, if by a certain time he should not like her, the contract is conditional, and does not confer such complete title on the vendee as will enable him to maintain trover against the vendor for taking away the slave within the time. Most Relevant Cases  
State ex rel. Tucker v. Lavinia 25 Ga. 311, Supreme Court of Georgia (May 01, 1858) 1858 [1.] A certiorari does not lie at the instance of the State to the Superior Courts to obtain a rehearing in the Inferior Courts, against a slave, who has been acquitted for an alleged violation of the Acts of 1818, Cobb 992, or of 1835, Cobb, 1008. [2.] A writ of error does not lie to this Court, in a criminal case at the instance of the State.... Most Relevant Cases  
State v. Bonner 2 Head 135, Supreme Court of Tennessee (December 01, 1858) 1858 At the June term, 1858, of the Circuit Court of Warren, a presentment was made against the defendant by the grand jury, in which it is charged, in substance, that, on the 25th day of March, 1858, being the Sabbath day, in said county, a certain negro slave, the property of John H. Hopkins, did retail spiritous liquors to him, the said George... Most Relevant Cases  
State v. Brock 11 Rich. 447, Court of Appeals of Law of South Carolina (May 01, 1858) 1858 A distiller, vendor, or retailer of spirituous liquors cannot be indicted under the Act of 1817 for trading with a slave, where the trading consisted of selling spirits to a slave. In such case he can only be indicted under the Act of 1834, for selling spirits to a slave. To charge one with purchasing ten cents in coin from a slave is no offence. Most Relevant Cases  
State v. Cadle 19 Ark. 613, Supreme Court of Arkansas (January 01, 1858) 1858 For a violation of the act (Pamph. Acts, 1854, p. 38,) making it a misdemeanor for a white person to harbor or entertain any slave without the consent of the owner, and prescribing a penalty of a breach of it, but providing no mode for recovery of the penalty, a party may be held to answer by indictment. In an indictment under the act making it a... Most Relevant Cases  
State v. Clayton 11 Rich. 581, Court of Appeals of Law of South Carolina (November 01, 1858) 1858 A venire facias to summon a jury is good, although the sheriff has not endorsed on it the fact of entry in his office. A grand jury need not consist of more than twelve members. The 97th rule of Court, prescribing a new mode of impanneling a petit jury, is not unconstitutional. Two or more may be jointly indicted for negro stealing, and one may be... Most Relevant Cases  
State v. Emory 6 Jones (NC) 133, Supreme Court of North Carolina (December 01, 1858) 1858 Fuller, being a free negro, was not competent as a witness, and could not have been heard on oath, to prove the fact alleged, to wit, that he had agreed that Emory might take the possession. We are unable to see any principle upon which his naked statement, on the day after the matter occurred, is admissible to prove the fact; his statement is... Most Relevant Cases  
State v. Evans 5 Jones (NC) 250, Supreme Court of North Carolina (June 01, 1858) 1858 The allegation of the want of a license, in a bill of indictment, for selling and delivering spirituous liquor to a slave, must be proved on the part of the State. (The case State v. Woodly, 2 Jones' Rep. 296, cited and approved, and this case distinguished from State v. Morrison, 3 Dev. Rep. 299.) INDICTMENT for selling spirituous liquor to a... Most Relevant Cases  
State v. George 5 Jones (NC) 233, Supreme Court of North Carolina (June 01, 1858) 1858 Where a slave was indicted for murder, with two others as accessories, and they being all surrounded by an angry and threatening crowd of people, and being in irons, the principal was struck in the face by one much excited, and bidden to tell all about it, and the defendant was bidden to tell about it, or they (the crowd) would hang him; it was... Most Relevant Cases  
State v. Hannibal 6 Jones (NC) 57, Supreme Court of North Carolina (December 01, 1858) 1858 The act of 1854, Rev. Code, ch. 107, sec. 26, is to be received according to the import of its strong and general terms, and accordingly, a master cannot, now, arm his slave for any purpose. In a proceeding before a justice of the peace, against a slave for carrying arms, the act gives the master a right to appeal. In such proceeding, the... Most Relevant Cases  
State v. Jacobs 5 Jones (NC) 259, Supreme Court of North Carolina (June 01, 1858) 1858 The case of the State v. Chavers, (50 N.C. 11,) decided that the color of the defendant was competent evidence for the consideration of the jury, upon the question whether he was a free negro within the meaning of the 66th section of the 107th chapter of the Revised Code. There, the testimony was offered by the defendant's exhibiting himself to the... Most Relevant Cases  
State v. Reed 12 Md. 263, Court of Appeals of Maryland (July 20, 1858) 1858 Alleged defects in an indictment as to venue, (the margin, however, showing that the court had jurisdiction,) and because it failed to designate the prisoner as a free negro, and stated his given name incorrectly, and concluded by charging the murder to have been committed by the murdered man, instead of the prisoner, are all subjects of demurrer,... Most Relevant Cases  
Stone v. Sanders 1 Head 248, Supreme Court of Tennessee (December 01, 1858) 1858 This bill was filed by two of the creditors of B. H. Sanders, deceased, to subject to their debts, amounting to about $630, certain slaves in the hands of defendants, as distributees of the deceased. The bill states that B. H. Sanders died in Stewart county, and Wm. C. Rutland administered on his estate in March, 1848, and in September of the same... Most Relevant Cases  
Stringfield v. State 25 Ga. 474, Supreme Court of Georgia (June 01, 1858) 1858 An indictment charging the accused with the offence of trading with a slave without written permission from his owner, &c., need not charge the name of the owner or the slave, nor the ownership of the property traded. Misdemeanor, from Richmond county. The indictment charged that the defendant, on the 23d day of December, A. D., 1856, in the county... Most Relevant Cases  
Suggett's Adm'r v. Cason's Adm'r 26 Mo. 221, Supreme Court of Missouri (January 01, 1858) 1858 1. Where there is only an agreement to sell a slave and not a sale executed, an action for the possession can not be maintained; the remedy is an action for damages arising from the breach of the contract. 2. Agreements that may be performed within a year from the making thereof are not within the statute of frauds. 3. Where an agreement not in... Most Relevant Cases  
Thompson v. Drake 32 Ala. 99, Supreme Court of Alabama (January 01, 1858) 1858 [DETINUE FOR SLAVES BY HUSBAND AGAINST WIFE'S TRUSTEE.] APPEAL from the Circuit Court of Madison. Tried before the Hon. THOS. A. WALKER. Most Relevant Cases  
Thompson v. Jones 1 Head 574, Supreme Court of Tennessee (December 01, 1858) 1858 This is an action of replevin, brought by Thompson to recover the possession of a slave named George, which he claims as hirer, for the year 1857, against the defendant, Jones, who sets up title in himself, and denies the claim of the plaintiff. The action failed, and the case is here by appeal in error. Mary Cunningham was the owner of the slave,... Most Relevant Cases  
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