TitleCitationYearSummaryMost RelevantTypeStatus
Thornton v. State 25 Ga. 301, Supreme Court of Georgia (May 01, 1858) 1858 [1.] The offence of being an accessory before the fact in murder, is one that may be committed by a slave; and one which, if committed by a slave, is to be punished with death. [2.] A slave convicted of murder, but not sentenced, is a competent witness for the State, on the trial of another slave indicted as accessory before the fact in the murder.... Most Relevant Cases  
Thrasher v. Ingram 32 Ala. 645, Supreme Court of Alabama (June 01, 1858) 1858 [DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Coosa. Tried before the Hon. E. W. PETTUS. Most Relevant Cases  
Thurmond v. Trammell 22 Tex. 257, Supreme Court of Texas (January 01, 1858) 1858 In a suit to recover a slave, the declarations of a third party, through whom the plaintiff does not derive title of possession, and who does not appear ever to have had title to or possession of the said slave, are not admissible in evidence. Where illegal testimony has been improperly received, which in connection with the charge of the court,... Most Relevant Cases  
Tilman v. Stringer 26 Ga. 171, Supreme Court of Georgia (June 01, 1858) 1858 The complainings of negroes, as to their diseases, are admissible in evidence. If unsound property is of any value either at the time of sale or afterwards, the purchase money with interest is not the proper criterion of damages. Although the Court charge the law erroneously, still, if the verdict of the jury be right, no new trial will be granted.... Most Relevant Cases  
Todd's Heirs v. Wickliffe 18 B.Mon. 866, Court of Appeals of Kentucky (February 06, 1858) 1858 In the month of October, 1826, Robert Wickliffe and Mary O. Russell intermarried. Both parties resided in Fayette county, Kentucky; the latter was a widow, who then owned several tracts of land, some houses and lots in Lexington, and sundry slaves, to all which she had a title in fee simple. On the 12th day of September, 1827, Robert Wickliffe and... Most Relevant Cases  
Towles v. Towles 1 Head 601, Supreme Court of Tennessee (December 01, 1858) 1858 Oliver Towles died intestate, on the 8th of March, 1856, leaving the complainant his widow, and no children. His estate consisted of four or five slaves, an inconsiderable personal estate besides, and a valuable tract of land near McMinnville, in Warren county, Tennessee. The personal estate, exclusive of the slaves, will fall short of paying the... Most Relevant Cases  
Traynor v. Johnson 1 Head 51, Supreme Court of Tennessee (September 01, 1858) 1858 This was an action on the case to recover damages for the alleged conversion of a slave, hired by the plaintiff to the defendant for twelve months. The declaration contains counts in trover and case. Upon the issue of not guilty, the jury found for the defendant; and, a new trial being refused, the plaintiff appealed in error. The defendant kept a... Most Relevant Cases  
Vaden v. Hance 1 Head 300, Supreme Court of Tennessee (December 01, 1858) 1858 The first question is as to the construction of the following clause in the will of William Vaden, senior, namely: To my son, Lodwick Vaden, I lend two negroes, Lucy and Harry, and increase, during natural life, and at his death, to be equally divided between the lawful heirs of his body. We are of opinion that the word lawful heirs of his... Most Relevant Cases  
Vaden v. Vaden 1 Head 444, Supreme Court of Tennessee (December 01, 1858) 1858 The original bill was filed by Benjamin J. Vaden, administrator of his father, Lodwick Vaden, to obtain the possession of about sixteen slaves, as a part of the estate, from Ann Vaden, the widow, who sets up a claim to them for her life, and the remainder in her sister, Elizabeth McCrary, and Polly Johns, the sister of her husband, under his... Most Relevant Cases  
Wade v. Cantrell 1 Head 346, Supreme Court of Tennessee (December 01, 1858) 1858 This action of replevin was brought by the defendants in error, as the administrators of Wm. M. Wade, for a negro girl, slave, named Emiline, in the possession of Caroline Wade, widow of the intestate. In 1846, the father of Mrs. Wade sent the slave to her as a gift, and she so remained for more than three years before the death of Wade. The father... Most Relevant Cases  
Wadlow v. Perryman's Adm'r 27 Mo. 279, Supreme Court of Missouri (July 01, 1858) 1858 We see no difference between this case and that of Marr v. Hill & Haynes, 10 Mo. 323. The evidence offered by the plaintiff, of the declarations of the slave, made whilst she was laboring under sickness, as to the cause of her illness, and the source of it, were admissible, and the court erred in excluding them. With the concurrence of the other... Most Relevant Cases  
Wagoner v. North Carolina R. Co. 5 Jones (NC) 367, Supreme Court of North Carolina (June 01, 1858) 1858 There is error. The warrant issued by the justice of the peace is fatally defective in this, it does not set out with certainty, the manner in which the damage was sustained. It may be that the injury was done to the plaintiff's person, or to his fencing, or houses, or slaves, or cattle. So the proceeding does not enable the court to see that the... Most Relevant Cases  
Walker v. Walker 25 Ga. 420, Supreme Court of Georgia (June 01, 1858) 1858 After argument and consideration, his Honor Judge Holt held, that the second clause in the will of F. J. Walker, providing for the extra-territorial emancipation of a part of the testator's slaves, was valid; and counsel for the caveators excepted. He further decided that the 4th and 5th clauses of the will were void, by reason of the legal... Most Relevant Cases  
Ward v. Reynolds 32 Ala. 384, Supreme Court of Alabama (January 01, 1858) 1858 [ASSUMPSIT ON NOTE GIVEN FOR PURCHASE-MONEY OF SLAVE.] APPEAL from the Circuit Court of Perry. Tried before the Hon. ROBERT DOUGHERTY. Most Relevant Cases  
Ward v. Riddick 4 Jones Eq. 22, Supreme Court of North Carolina (June 01, 1858) 1858 The only question presented by the pleadings, arises upon the construction of the 5th clause of the will of the testator, William Ward, which is in the following words: My will and desire is, that my negroes shall be divided between my wife Martha, and all my children, in the following manner: I desire, and my will is, that the negroes, Mary, Jo,... Most Relevant Cases  
Whitman v. Abernathy 33 Ala. 154, Supreme Court of Alabama (June 01, 1858) 1858 [BILL IN EQUITY BY FEME COVERT, FOR RECOVERY OF SLAVES BELONGING TO SEPARATE ESTATE, AND REMOVAL OF HUSBAND AS TRUSTEE.] APPEAL from the Chancery Court of Lowndes. Heard before the Hon. WADE KEYES. Most Relevant Cases  
Whitson v. Fowlkes 1 Head 533, Supreme Court of Tennessee (December 01, 1858) 1858 At a sale of a negro boy named John, under an execution against Felix G. Studdort, he was struck off to Whitson as the highest bidder, and, at the request of Fowlkes, who was present, and a competing bidder, and in a few minutes after the property was struck off, and before the slave was delivered, he was substituted as the purchaser, and the bill... Most Relevant Cases  
Williams v. Houston 4 Jones Eq. 277, Supreme Court of North Carolina (December 01, 1858) 1858 The equity of the plaintiffs is put on the ground, that they, being the next of kin of Mary Harriss, are entitled to the slaves as purchasers, under the limitation, in the deed of William Harriss, executed March, 1831. The deed, after conveying land and slaves to Houston in fee, declares the trust: To receive and pay the rents, hires and profits... Most Relevant Cases  
Williams v. Ingram 21 Tex. 300, Supreme Court of Texas (January 01, 1858) 1858 A general warranty of soundness does not cover defects which are plain and obvious to the purchaser, or which are at the time known to him. Error from Fayette. Tried below before Hon. J. H. Bell. Action brought upon a warranty of a slave in the following words: Which said negro I warrant to be sound in both body and mind, etc. On the trial, the... Most Relevant Cases  
Williams v. Moore 32 Ala. 506, Supreme Court of Alabama (January 01, 1858) 1858 [DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. JOHN GILL SHORTER. Most Relevant Cases  
Williams v. Smith 4 Jones Eq. 254, Supreme Court of North Carolina (December 01, 1858) 1858 We cannot perceive any reason to doubt that the testator's sons, Peter and Gabriel, took vested interests in the proceeds of the slaves, Nathan and Jerry, who were directed to be sold when the testator's youngest son should arrive at full age. There is nothing like an expression of contingency annexed to the gift, and it comes, therefore, within... Most Relevant Cases  
Williamson v. Coalter's Ex'rs 14 Gratt. 394, Supreme Court of Appeals of Virginia (May 24, 1858) 1858 Testatrix makes her will in August 1857, by which she emancipates one slave by name. By another clause she says, I direct in regard to the balance of my negroes, that they shall be manumitted on the 1st day of January 1858. She then directs her executors to raise a fund out of her estate sufficient for the purpose, and use it in... Most Relevant Cases  
Williamson v. Williamson 4 Jones Eq. 281, Supreme Court of North Carolina (December 01, 1858) 1858 A bequest, simply of a female slave and her increase, in a will, made before the enactment of the Revised Code, passes the mother only, and not her children, born before the will was made, or between that time and the death of the testator. But where a slave had been put in the possession of one of the testator's children, and had increase before... Most Relevant Cases  
Wilson v. Huggins 11 Rich. 410, Court of Appeals of Law of South Carolina (May 01, 1858) 1858 Where necessaries are furnished the slaves of testator before probate of the will, at the instance and on the credit of a legatee, the executor after probate will not be liable for the necessaries upon any implied contract. Most Relevant Cases  
Wilson v. Thompson 1 Met. 123, Court of Appeals of Kentucky (June 29, 1858) 1858 1. A petition upon a note executed by T. for a balance due for slaves purchased, charged that he was the agent of B. in the purchase, and was insolvent, and sought to recover the amount of the note of B.; it also, in another paragraph, charged T. with fraud in concealing his agency and insolvency, and claimed that he also thereby became responsible... Most Relevant Cases  
Windsor v. Boyce 1 Houst. 605, Superior Court of Delaware (October 01, 1858) 1858 When the plaintiff in an action of replevin relies only on a wrongful detention of the property, it is quite as necessary in general that he should prove a demand and refusal, in order to establish the wrongful detention, as it is to establish a conversion of the property in an action of trover. THIS was an action of replevin for a negro slave by... Most Relevant Cases  
Woodcock v. Farrell 1 Met. 437, Court of Appeals of Kentucky (December 18, 1858) 1858 1. W. brought an action for the value of five slaves purchased by him of F., and by F. sold and converted to his own use. W. relied upon this paper: For the sum of thirteen hundred and thirty-seven dollars and fifty cents I have sold to R. Woodcock five negroes (naming them), for which I warrant the above named negroes sound in body and... Most Relevant Cases  
Woods v. Burrough 2 Head 202, Supreme Court of Tennessee (December 01, 1858) 1858 In the year 1856, the personal representative of the estate of William Duncan, deceased, in pursuance of a power in him vested by the will of the testator, sold certain slaves belonging to the estate, at public auction. By the terms of sale, which were publicly announced at the time, a credit of twelve months was to be allowed, the purchaser giving... Most Relevant Cases  
Woods v. Symmes 25 Ga. 69, Supreme Court of Georgia (March 01, 1858) 1858 One Andrew Howell commenced an action of trover against Wm. Woods, the intestate of Elizabeth Woods, to recover some negroes; and sued out bail process, under the statute. The complainants in the bill became securities for the defendant, in a bond of $3,000, for the forthcoming of the negroes, to answer to the recovery, should any be had. Wm.... Most Relevant Cases  
Woodson v. Pearce 5 Sneed (TN) 416, Supreme Court of Tennessee (April 01, 1858) 1858 This action of replevin was commenced by Pearce in the circuit court of Gibson county, for the recovery of certain slaves. On the 28th of November, 1850, the following agreement was entered into between Woodson and Pearce, to wit: I, James P. Woodson, this day do lend to my son-in-law, William R. Pearce, a negro girl named Caroline. The... Most Relevant Cases  
Woodson v. Smith 1 Head 276, Supreme Court of Tennessee (December 01, 1858) 1858 The complainants seek to recover certain slaves in the possession of the defendant, claimed by him as his property. The principle question in the cause, arises upon the construction and effect of a deed of gift of several slaves, made by Sally E. Lucas, on the 31st of August, 1812, to her two sons, George A. and Peter W. Lucas, and to any... Most Relevant Cases  
Word v. Cavin 1 Head 506, Supreme Court of Tennessee (December 01, 1858) 1858 This was an action of debt, founded upon an implied warranty of title to a slave, brought in the Circuit Court of Bedford, on the 14th day of May, 1856. The main question to be determined is, whether or not the action is barred by the statute of limitations of six years. On the 15th of February, 1850, the defendant and his wife sold and conveyed to... Most Relevant Cases  
Worthington v. Crabtree 1 Met. 478, Court of Appeals of Kentucky (December 30, 1858) 1858 1. In an action against the vendee of a tenant for life, by the persons entitled to the remainder, for the sale of a slave and distribution of the proceeds, upon the ground that such slave was ungovernable and insubordinate in his temper, and was about to run away to a free state, and be lost to his owners--held, that a sale was properly refused,... Most Relevant Cases  
Wyatt's Adm'r v. Scott 33 Ala. 313, Supreme Court of Alabama (June 01, 1858) 1858 [TROVER FOR CONVERSION OF SLAVE.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. E. W. PETTUS. Most Relevant Cases  
Wylie v. White 10 Rich.Eq. 294, Court of Appeals of Equity of South Carolina (November 01, 1858) 1858 Testator bequeathed to his son, during his natural life, the use and benefit of certain negroes; but the said negroes not to be removed from the State, or be disposed of by him, or any other person whatsoever, but to remain exclusively for the annual support of my said son and family:Held, that the will created a trust... Most Relevant Cases  
Wyse v. Dandridge 6 George 672, High Court of Errors and Appeals of Mississippi (October 01, 1858) 1858 1. CONFLICT OF LAWS: BY WHAT LAW DEED OF TRUST IS GOVERNED: CASE IN JUDGMENT.A deed of trust made in Tennessee, conveying slaves which were at the time in that State, where also the cestui que trust resided, will be governed by the laws of Tennessee, although the trustee resided at the time in this State, and is so described in the deed, if... Most Relevant Cases  
Acuff v. Rice 3 Head 293, Supreme Court of Tennessee (September 01, 1859) 1859 A question of priority of satisfaction, between the complainants and defendant, Rice, out of the proceeds of a negro girl slave, named Mary, is raised in this case. Both are creditors of defendant, Robert W., the owner of the slave, and one must lose, as Robert is insolvent, and the fund not sufficient to satisfy both. The Chancellor decided in... Most Relevant Cases  
Alexander v. Walch 3 Head 493, Supreme Court of Tennessee (December 01, 1859) 1859 This case involves the construction of the will of James Walch, made in 1835. I give to my sister, Nancy, all my land estate, and negro man, named Abe, and a negro boy, named Stephen, during her natural life, then to be sold and equally divided amongst my sisters and brother. The testator had no parents living, nor any wife or children, and only... Most Relevant Cases  
Andrews v. Beck 23 Tex. 455, Supreme Court of Texas (January 01, 1859) 1859 The possession of negroes, is prima facie evidence of title, against a naked trespasser. A judgment, which shows upon its face, that it was rendered in 1842, by an attorney, who (the judge having been of counsel) the parties agreed should preside on the trial, is a nullity, and will not protect an officer, in executing process issued under it. At... Most Relevant Cases  
Armstrong v. Jowell 24 Tex. 58, Supreme Court of Texas (January 01, 1859) 1859 That a testator may, by will, emancipate his slaves, if provision be made for their removal from the state, has been the settled law of this court, since the decision of the case of Purvis v. Sherrod, 12 Tex. 140. ERROR from Rusk. Tried below before the Hon. Charles A. Frazer. This was a proceeding, commenced in the county court of Cherokee county,... Most Relevant Cases  
Athey v. Olive 34 Ala. 711, Supreme Court of Alabama (June 01, 1859) 1859 [ACTION ON NOTE GIVEN FOR PURCHASE-MONEY OF SLAVE.] APPEAL from the Circuit Court of Pike. Tried before the Hon. JOHN GILL SHORTER. Most Relevant Cases  
Bank of Tennessee v. Nelson 3 Head 634, Supreme Court of Tennessee (December 01, 1859) 1859 The bank recovered three judgments against C. L. Nelson in 1854, amounting to between $7,000 and $8,000, upon which executions were issued and returned no property found. Matthew Nelson, the father of Charles L., died in 1856, leaving a will in which he devised and bequeathed all his land, slaves, and other property to his widow for life, and... Most Relevant Cases  
Barker v. Coleman 35 Ala. 221, Supreme Court of Alabama (June 01, 1859) 1859 [ACTION FOR BREACH OF WARRANTY OF SOUNDNESS OF SLAVE.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK. Most Relevant Cases  
Beaupied v. Jennings 28 Mo. 254, Supreme Court of Missouri (March 01, 1859) 1859 1. A. bequeathed a female slave with other property to his daughter B., and directed that all the property, real and personal, should be placed in the hands of C. for the use and benefit of said B. In a codicil to this will, duly executed, there was the following provision: It is further my will that the negro girl Eliza, that I have... Most Relevant Cases  
Belcher v. McKelvey 11 Rich.Eq. 9, Court of Appeals of Equity of South Carolina (May 01, 1859) 1859 Bill by the next of kin of donor to set aside a bill of sale of a slave, expressed to have been made in consideration of $1,000 paid, on the ground that the sale was made in contravention of the Act of 1841 against emancipation, and alleging that the money paid was the donor's own money, being the earnings of the slave, and that there was a secret... Most Relevant Cases  
Belden v. Pate 12 Rich. 358, Court of Appeals of Law of South Carolina (November 01, 1859) 1859 An assignment under the Insolvent Debtors' Act does not divest the assignor of his title to a slave mentioned in the schedule, where the assignee refuses to accept the assignment, and the creditors do not interfere to assert their rights. Such an assignment is intended for the benefit of creditors only, and whatever estate or interest they refuse... Most Relevant Cases  
Bell v. McCawley 29 Ga. 355, Supreme Court of Georgia (August 01, 1859) 1859 [1.] We think the memoranda were sufficiently proven to be admitted in evidence, for aside from all the other proof, they were shown to be ancient documents. They were shown to have come from the proper custody-from William Malone, and they were shown to have been in existence more than forty years, and the possession of the negroes was in... Most Relevant Cases  
Bell v. Troy 35 Ala. 184, Supreme Court of Alabama (June 01, 1859) 1859 [ACTION AGAINST MASTER TO RECOVER DAMAGES FOR ARSON BY SLAVE.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK. Most Relevant Cases  
Bennett v. Kennerly 3 Head 674, Supreme Court of Tennessee (December 01, 1859) 1859 The complainants, who are minors, seek to set aside the sale of a tract of land and two slaves, procured to be made by their guardian, in conjunction with the personal representative of the estate of their deceased father. H. K. Bennett, their father, died in Franklin county, in 1846, leaving a widow and three infant children surviving him. The... Most Relevant Cases  
Bogle v. North Carolina R. Co. 6 Jones (NC) 419, Supreme Court of North Carolina (June 01, 1859) 1859 Case is the proper action by one owning an estate in remainder in a chattel which is destroyed or permanently injured by the wrongful act of a third person, or of the particular tenant, or of one claiming under him. Mrs. Knox had a right to hire the slave to the defendant, and as there is no allegation of neglect, the plaintiffs have no cause of... Most Relevant Cases  
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