TitleCitationYearSummaryMost RelevantTypeStatus
Bond v. McBoyle 7 Jones (NC) 1, Supreme Court of North Carolina (December 01, 1859) 1859 That a slave, belonging to the plaintiff, was seen working once at the defendant's saw-mill, and two other times within half a mile of the mill, but not working, and not in the defendant's possession, was Held not to be any evidence to establish a contract of a hiring for a year. ACTION of ASSUMPSIT, tried before SAUNDERS, J., at the Spring Term,... Most Relevant Cases  
Boulware v. Hendricks 23 Tex. 667, Supreme Court of Texas (January 01, 1859) 1859 An administrator de bonis non may sue the former administrator, and the sureties on his bond, for the effects of the estate in his hands, for which he has not accounted. The administrator de bonis non may recover from the former administrator, money received by him for the hire of slaves, though it has been judicially established that the negroes... Most Relevant Cases  
Bowles v. State 13 Ind. 427, Supreme Court of Indiana (November 01, 1859) 1859 Information against the defendant, charging that on, &c., at, &c., he did unlawfully bring into the state of Indiana, and into Orange county, a negro woman whose name is Polin, and then and there encouraged said negro woman to remain and continue here in Orange county in the state of Indiana; contrary, & c. A motion to quash the... Most Relevant Cases  
Bradbury v. Reed 23 Tex. 258, Supreme Court of Texas (January 01, 1859) 1859 One who bids off property at an administrator's sale, cannot be required to comply with the terms of the sale, until there has been a decree entered on the minutes of the probate court, confirming the sale, and ordering a conveyance to be made to the purchaser, if it be of lands or slaves, by the executor or administrator. Hart. Dig. art. 1176.... Most Relevant Cases  
Bradford v. Caldwell 2 Head 496, Supreme Court of Tennessee (April 01, 1859) 1859 The bill seeks to enjoin the sale of certain slaves, upon the following state of facts. The defendant, Ellen F. Cowden, was lawfully vested with an interest, during her own life, in the slaves mentioned in the bill. On the 23d of December, 1851, in consideration of the sum of $1,600, to her paid by Mrs. Bradford, the complainant, the former sold... Most Relevant Cases  
Broome v. Alston 8 Fla. 307, Supreme Court of Florida (January 01, 1859) 1859 Joseph Alston, administrator de bonis non of the estate of Augustus Alston, deceased, seeks by his bill to recover the possession of certain slaves, with an account for their hire, conveyed in a deed of marriage settlement by Mary Helen Alston, the widow and first administratrix of Augustus Alston, deceased, to James E. Broome, as trustee, for the... Most Relevant Cases  
Brown v. Allen 3 Head 429, Supreme Court of Tennessee (December 01, 1859) 1859 Brown instituted this action of replevin against Allen to recover a negro man slave named Perry, then in the possession of the defendant. He failed in the action because of the superior title of the defendant, as found by the jury. Brown's title was a bill of sale from Rutledge for this and other slaves, dated 21st December, 1857, under which he... Most Relevant Cases  
Brown v. Brooks 7 Jones (NC) 93, Supreme Court of North Carolina (December 01, 1859) 1859 Receipts for money, which contain no evidence of a contract between the parties, are liable to be explained or altered by oral testimony, but aliter where they are relied on as evidence of a contract. Where the vendor of a slave, executed a paper-writing, acknowledging the receipt of a certain sum, expressed to be in part payment of the price, and... Most Relevant Cases  
Brown v. Cannon 3 Head 354, Supreme Court of Tennessee (December 01, 1859) 1859 The defendant, Cannon, having executions in his hands as sheriff of Overton county, in favor of the other defendants, for a large amount, against the complainant, Jas. J. Brown, levied the same upon the slaves, Joe and Peter, as his property. Whereupon, this bill was filed by the debtor and his wife and children, to perpetually enjoin the sale,... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Brown v. Greer 3 Head 695, Supreme Court of Tennessee (December 01, 1859) 1859 This was an agreed case between Greer, as collector of the taxes in Davidson county, and Mrs. Brown, a tax-payer. The facts agreed are, that Mrs. Brown is a resident citizen of Davidson, having her domicil at Nashville; that she is the owner of a plantation in Maury county, near Springhill, upon which she has a large number of slaves, permanently... Most Relevant Cases  
Buckley v. Cunningham 34 Ala. 69, Supreme Court of Alabama (January 01, 1859) 1859 [ACTION FOR BREACH OF WARRANTY OF SOUNDNESS OF SLAVE.] APPEAL from the Circuit Court of Shelby. Tried before the Hon. A. A. COLEMAN. Most Relevant Cases  
Buford v. Gould 35 Ala. 265, Supreme Court of Alabama (June 01, 1859) 1859 [ACTION FOR BREACH OF WARRANTY OF SOUNDNESS OF SLAVE.] APPEAL from the Circuit Court of Mobile. Tried before the Hon. C. W. RAPIER. Most Relevant Cases  
Carpenter v. State 26 Ga. 622, Supreme Court of Georgia (January 01, 1859) 1859 Verdict held not to be contrary to evidence. Misdemeanor, in Richmond Superior Court. Charles J. Carpenter was indicted for receiving from a slave, without the written permission of the owner of said slave, eight hides, of the aggregate value of thirty-four dollars, the property of Daniel Kirkpatrick, sen'r. The defendant pleaded not guilty. Daniel... Most Relevant Cases  
Cason v. Hubbard 9 George 35, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. CHANCERY: PLEADING: AVERMENT IN A BILL OF TITLE OF FEME COVERT IN A SLAVE.In a bill by a married woman to annul a sale of a slave made by her husband and herself during her infancy, it is not necessary that the complainant should set out the particular manner in which she acquired title, or to show in what State her title vested. It is... Most Relevant Cases  
Cecil v. Negro Rose 14 Md. 64, Court of Appeals of Maryland (July 01, 1859) 1859 At the November term 1857, of the Circuit Court for Prince Georges County, a petition for freedom, which had been previously filed by the present appellees, was dismissed. Subsequently this petition was filed; and, at November term 1858, the defendant below, now appellant, filed his petition, stating that the former petition had been filed by the... Most Relevant Cases  
Cheairs v. Smith 8 George 646, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. WILLS: PROVISION TO EMANCIPATE: HOW IT AVOIDS THE WILL.A provision in a will for the emancipation of slaves does not avoid the whole will as to distinct and independent provisions, not connected with the illegal purpose to emancipate; the will is void only as to the slave or slaves thereby attempted to be emancipated. 2. SAME: CONDITIONS... Most Relevant Cases  
Cheves v. Haskell 10 Rich.Eq. 534, Court of Appeals of Equity of South Carolina (January 01, 1859) 1859 The testator devised and bequeathed his plantation, and other lands, with the slaves on the plantation and other slaves, to trustees, in trust to pay to his son, H., out of the profits, the sum of $3,500, annually, until the year 1860, and to pay the remainder of the profits to testator's daughters; and then from and after the year 1860, in trust... Most Relevant Cases  
Chew v. Beall 13 Md. 348, Court of Appeals of Maryland (May 11, 1859) 1859 A daughter, when sole, gave to her mother who was a feme covert, a negro slave, Maria, for her sole and separate use, the gift containing no restriction or specification of the mode of alienation. Subsequently, the mother, at the instance of the daughter and the daughter's husband, exchanged Maria for Jane, another slave, and by virtue of this... Most Relevant Cases  
Clark v. Clark 2 Head 336, Supreme Court of Tennessee (April 01, 1859) 1859 The bill seeks to have the rights of the complainant declared, under the will of her deceased father, Jacob Wilson. The testator, by his will, bequeathed to the complainant, who was then a feme sole, certain slaves and sums of money, with direction to his executor to invest the money in young negroes for her benefit. The bequest is subject to the... Most Relevant Cases  
Clark v. Slaughter 9 George 64, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. CHANCERY: JURISDICTION: DIVORCE.-The Chancery Court has jurisdiction over suits for divorce. 2. HUSBAND AND WIFE: DIVORCE: EFFECT OF, ON SEPARATE ESTATE OF WIFE.-The right to the exclusive use and possession of slaves held by the wife, under the Act of 1839, is vested in her by a decree for a divorce a vinculo, without any special provision in... Most Relevant Cases  
Clements & Miller v. Little 28 Ga. 491, Supreme Court of Georgia (June 01, 1859) 1859 The question is, was the court below right in granting the motion for a new trial? We think that the court was. It is sufficient, if the ground, that the verdict was contrary to the evidence, was good. And that ground was, we think, good. The evidence showed that Little, being in possession of the slave, sold the slave to Hattox, and bound himself... Most Relevant Cases  
Commonwealth v. Anthony 2 Met. 399, Court of Appeals of Kentucky (February 22, 1859) 1859 1. A slave may be indicted and tried in the circuit court for the offense of being accessory before the fact to the crime of administering poison, with the intention to destroy life, committed by a slave. Both may be united in the same indictment. 2. In such case the punishment of the accessory is that prescribed by the 6th section of article 7,... Most Relevant Cases  
COMPENSATION OF MARSHALS UNDER ACTS PROHIBITING THE SLAVE TRADE. 9 U.S. Op. Atty. Gen. 302 (March 18, 1859) 1859   Most Relevant Administrative Decisions & Guidance  
Cooley v. Steele 2 Head 605, Supreme Court of Tennessee (April 01, 1859) 1859 The complainant, who is a feme covert, brought this bill, by her next friend, to have her share of certain slaves, claimed under the will of her deceased father, William Hubbard, settled upon her. The testator bequeathed the mother of the slaves in question to his widow for life, with remainder to his children. The widow afterwards married one... Most Relevant Cases  
Cox v. Humphrey 6 Jones (NC) 405, Supreme Court of North Carolina (June 01, 1859) 1859 Where a father gave to his children by parol, certain slaves, acquired by his marriage with their mother, and was present at a division of the slaves among them, upon which occasion one, who had a more valuable share, paid money to others, who had a less valuable one, it was Held that the transaction was still a bailment, and not a sale and... Most Relevant Cases  
Cox v. Williams 5 Jones Eq. 150, Supreme Court of North Carolina (December 01, 1859) 1859 The object of the bill is to have the land and negroes put into the possession of the feme plaintiff, so as to let her have the use of the property for the purpose of carrying on a farm, without the control and superintendence of the trustee, and the equity is put on the ground, that she would thus be furnished with a comfortable home, and her... Most Relevant Cases  
Crowell v. Simpson 7 Jones (NC) 285, Supreme Court of North Carolina (December 01, 1859) 1859 The debt, for which this warrant was brought, was incurred in the purchase of certain slaves, which had belonged to the plaintiff prior to her marriage with one Williams, and which, Williams, after coverture, sold to the defendant. The slaves, at the time of the sale, were subject to the lien of Eli and Hugh Stewart, for debts due them by deed in... Most Relevant Cases  
Danforth v. Herbert 33 Ala. 497, Supreme Court of Alabama (January 01, 1859) 1859 [BILL IN EQUITY TO ESTABLISH RESULTING TRUST IN SLAVES.] APPEAL from the Chancery Court of Madison. Heard before the Hon. JOHN FOSTER. Most Relevant Cases  
Davis' Ex'rs v. Reeves 1 Met. 589, Court of Appeals of Kentucky (February 02, 1859) 1859 A slave was emancipated by will, recorded in 1835, when she should attain the age of thirty years. In 1858, after she had attained the requisite age, a certificate of freedom was granted her by the county court, she having executed bond with approved security, as required by the act of 1842, that she would not become a charge upon any county of the... Most Relevant Cases  
Davis v. Hall 4 Jones Eq. 403, Supreme Court of North Carolina (June 01, 1859) 1859 This is not a bill of review; not alleging any error of law or fact in the decree. Nor does the bill allege any fraud in obtaining the decree, nor otherwise impeach it except in the single particular, that, the allegation in the former bill, that the fund with which the slaves were purchased belonged entirely to Carter, and the consequence deduced... Most Relevant Cases  
De Blane v. Hugh Lynch & Co. 23 Tex. 25, Supreme Court of Texas (January 01, 1859) 1859 Crops grown upon the land of the wife, by the labor of her slaves, are the community property of the husband and wife, and subject to an execution upon a judgment against the husband. 24 Tex. 611; 26 Tex. 195. The proposition that crops produced on the land of the wife remain her separate property, is founded and supported upon what is supposed to... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Dement v. Scott 2 Head 367, Supreme Court of Tennessee (April 01, 1859) 1859 This was an action on the case, to recover damages for the loss of a slave, the property of the plaintiff, hired to the defendant for the year 1856, and who died during the year. Verdict and judgment were for the defendant. The declaration contains counts both in trover and case. The slave was hired out at public auction by one Valentine, who was... Most Relevant Cases  
Dickinson v. Solomons 26 Ga. 684, Supreme Court of Georgia (January 01, 1859) 1859 [1.] The entry made by a plaintiff in execution or the assignee of an execution, cannot, by making an entry of satisfaction on the execution, stating that it was satisfied by the sale to him of certain negroes, manufacture for himself a title to the negroes, and such entry cannot be admitted in evidence in support of his title. [2.] If plaintiff in... Most Relevant Cases  
Drumright v. State 29 Ga. 430, Supreme Court of Georgia (August 01, 1859) 1859 [1.] Under an indictment for carrying a negro out of a county, the beginning of the offence is the commencement of the carrying, and the end of it is the crossing of the county line; and all that is done from the beginning to the end, and all that is said, is admissible in evidence as a part of the res gestæ. [2.] The sayings of other persons... Most Relevant Cases  
Du Pre v. Williams 5 Jones Eq. 96, Supreme Court of North Carolina (December 01, 1859) 1859 Where the slave of A was levied on under an execution against B, and there was no allegation of irreparable injury, nor of the pendency of a suit at Law, nor of other equitable ingredient to distinguish the case from a simple tort, for which adequate reparation could be made by the recovery of damages at Law, it was Held that a Court of Equity had... Most Relevant Cases  
Dukes v. Nelson 27 Ga. 457, Supreme Court of Georgia (March 01, 1859) 1859 [1.] That a vendee, (of a slave,) with warranty, sells without warranty, does not authorize the conclusion, that he waives his warranty. [2.] Although a person who holds a warranty of soundness of a slave, sells the slave without himself making a warranty of his soundness, yet, it does not follow of necessity, that he sustains no loss by the... Most Relevant Cases  
Duncan v. Phillips 3 Head 415, Supreme Court of Tennessee (December 01, 1859) 1859 This bill was filed for the construction of the will of Josiah Duncan, deceased. Nancy Duncan, the widow, married Horatio Phillips, and the question is, whether her estate in certain slaves and other property, terminated thereby, or continued until her death. The Chancellor thought the latter, and the case is brought up for revision. By the second... Most Relevant Cases  
Elliott v. Holder 3 Head 698, Supreme Court of Tennessee (December 01, 1859) 1859 This bill was filed to recover the wife's distributive share of certain slaves, alleged to have been the property of Banks B. Gover, the former husband of the complainant, Elizabeth. Said Gover died intestate in Alabama, upwards of twenty years ago, leaving his widow (complainant Elizabeth) and two children, Anthony and Samuel Gover, surviving him.... Most Relevant Cases  
English v. McNair 34 Ala. 40, Supreme Court of Alabama (January 01, 1859) 1859 [DETINUE FOR SLAVES AND OTHER PERSONAL PROPERTY.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. E. W. PETTUS. Most Relevant Cases  
Ewell v. Tidwell 20 Ark. 136, Supreme Court of Arkansas (January 01, 1859) 1859 Where it does not appear from the record, that the laws of another Statethe civil code of Louisianawere read in evidence in the Court below, they cannot be noticed in this Court on appeal. Where a mortgager of slaves remains in possession after default of payment, the mortgagee has the same time to bring a bill to foreclose and sell,... Most Relevant Cases  
Fall v. Roper 3 Head 485, Supreme Court of Tennessee (December 01, 1859) 1859 This was an attachment bill, filed on the 4th of May, 1858. The complainants are creditors of the defendant, Martin, and they seek to obtain satisfaction of their debt out of certain land and slaves conveyed by Martin to Roper. They claim this relief upon two grounds: first, that the conveyances are void as to creditors, for fraud; and secondly,... Most Relevant Cases  
Farrelly v. Maria Louisa 34 Ala. 284, Supreme Court of Alabama (June 01, 1859) 1859 [PETITION FOR FREEDOM.] APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. Most Relevant Cases  
Fears v. Lynch 28 Ga. 249, Supreme Court of Georgia (March 01, 1859) 1859 It would be a gross fraud on the defendant in error, for the plaintiff in error to keep the land purchased with the proceeds of the sale of the negro, and then recover the negro back. The defendant in error was not compelled to make the defence set up in this bill to the action of trover for the recovery of the negro, or lose his remedy against the... Most Relevant Cases  
Feimster v. Tucker 5 Jones Eq. 69, Supreme Court of North Carolina (December 01, 1859) 1859 Where a testator willed that four slaves, a husband and his wife and their two children, should be freed, and directed that they should be under the especial care of one of his sons, and bequeathed to the husband things that could not be carried out of the State with any convenience or profit, it was Held to be the intention that they should remain... Most Relevant Cases  
Fessenden v. Jones 7 Jones (NC) 14, Supreme Court of North Carolina (December 01, 1859) 1859 The single question presented in this case is, whether a guardian, who calls in a physician to the slave of his ward, can be rightfully charged with, and made responsible for, the medicines and services rendered. The Court is clearly of opinion he may be. The credit in such case is, not only in point of fact, given to the guardian, but ought to... Most Relevant Cases  
Fisher v. Pollard 2 Head 314, Supreme Court of Tennessee (April 01, 1859) 1859 In August, 1857, Pollard sold to Fisher a slave named Bill, for $800, and a certain iron gray horse, provided the slave, then runaway, could be obtained in possession by the vendee. In that event the money was to be paid, and the horse delivered, and said Fisher agrees to make all things right as to the horse above spoken of, as to soundness in... Most Relevant Cases  
Ford v. Thompson 1 Met. 580, Court of Appeals of Kentucky (January 29, 1859) 1859 A father, in 1847, gave two of his sons the possession of his farm, slaves, stock and other property, to make all they could upon it, and have all they made after supporting the father and mother and two unmarried sisters, and paying all necessary expenses of the farm. The father died in 1856. The question involved is the liability of the two sons... Most Relevant Cases  
Freeman v. Neyland 23 Tex. 529, Supreme Court of Texas (January 01, 1859) 1859 The appellee sued the appellant in the court below, upon an account for the hire of a negro for two years, money loaned, and medical services rendered to a third person, at the instance and request of the defendant below. The defendant pleaded in set-off, an account for labor done for the plaintiff. The cause was continued at the fall term, 1856,... Most Relevant Cases  
Freshwater v. Nichols 7 Jones (NC) 251, Supreme Court of North Carolina (December 01, 1859) 1859 The deed of gift, under date of 1819, from John Cruise, Unity Cruise and Caleb L. Nichols, to the plaintiff, then Mary Jane Lee, was sufficient to pass the title to the slaves now in controversy. This deed has been once before in this Court for construction, (Nichols v. Holmes, 1 Jones' Rep. 360,) and was then upheld as a valid conveyance of the... Most Relevant Cases  
Fretwell v. Neal 11 Rich.Eq. 559, Court of Appeals of Equity of South Carolina (May 01, 1859) 1859 Where the testator gives an estate for life in a slave, and directs that, after the death of the tenant for life, the slave be sold and equal distribution of the proceeds made among certain persons, an assent by the executor to the legacy to the tenant for life, does not divest him of the remainderthe estate in remainder, with power to sell... Most Relevant Cases  
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