Title | Citation | Year | Summary | Most Relevant | Type | Status |
Fulton's Ex'rs v. Gracey |
15 Gratt. 314, Supreme Court of Appeals of Virginia (September 05, 1859) |
1859 |
1. In a suit for freedom, the declarations of the testator of the defendants, made some fourteen or fifteen years before the trial, that the plaintiffs were then free, and declarations made some twenty odd years before the trial, that they would be free at the age of twenty-eight years, are competent evidence for the plaintiffs: And this, though... |
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George v. Smith |
6 Jones (NC) 273, Supreme Court of North Carolina (June 01, 1859) |
1859 |
To give a slave a pass to travel by a railroad, as an indulgence, does not amount to a breach of an agreement to work the slave only as a turpentine hand. It does not amount to negligence in the hirer of a slave so as to subject him for an injury occasioned by the slave's falling from a railroad train, that the hirer gave him a pass to travel on... |
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George v. State |
8 George 316, High Court of Errors and Appeals of Mississippi (October 01, 1859) |
1859 |
1. SLAVERY: STATUS OF SLAVES: COMMON LAW INAPPLICABLE TO THEM.Slavery, as it exists in the United States, was unknown to the common law of England; and hence, its provisions are inapplicable to injuries inflicted on, or committed by, slaves in this State. 2. SAME: WHEN SLAVES EMBRACED IN STATUTES.Statutory enactments do not extend to... |
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Giles v. State |
28 Ga. 462, Supreme Court of Georgia (June 01, 1859) |
1859 |
1. The Act of 1811, giving Justices of the Peace, in cases when a person is discharged by them for want of sufficient cause of commitment, a discretion to award costs against the prosecutor or against the accused, is not applicable to the case of slaves. 2. It is an abuse of the discretion given by that Act, to award costs against the accused in a... |
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Glawson v. Wiley |
35 Ala. 328, Supreme Court of Alabama (June 01, 1859) |
1859 |
[ACTION FOR BREACH OF WARRANTY OF SOUNDNESS OF SLAVE.] APPEAL from the Circuit Court of Pike. Tried before the Hon. JOHN GILL SHORTER. |
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Gorham v. Hood |
27 Ga. 299, Supreme Court of Georgia (January 01, 1859) |
1859 |
[1.] A person who was a constable, was sued in trespass, for tortiously taking some negroes. The constable justified under several fi. fas. After the plaintiff had closed his evidence, the constable asked leave to amend his entries on the fi. fas., by entering on them, a levy on the negroes. Held, That the Court was right in granting him the leave... |
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Graves v. Graves |
5 Jones Eq. 280, Supreme Court of North Carolina (December 01, 1859) |
1859 |
There is nothing in the will to justify the construction, that the executor was to retain possession of the property, and rent out the land, hire out the negroes, from year to year, for the benefit of the children, so as to answer the purpose of, or be, a substitute for a testamentary guardian. He has a mere power to allot to the children as they... |
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Green v. Banks |
24 Tex. 522, Supreme Court of Texas (January 01, 1859) |
1859 |
This is a suit instituted by Green, in the district court of Travis county, to enjoin Banks and Ross, and the sheriff of said county, from further proceeding with two judgments and executions in favor of Banks, and of Ross against Smith, which were levied on a negro woman, Riva, and her child, as the property of Smith, and claimed by Green, under a... |
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Green v. Branch Bank |
33 Ala. 643, Supreme Court of Alabama (January 01, 1859) |
1859 |
[TRIAL OF RIGHT OF PROPERTY IN SLAVE.] APPEAL from the Circuit Court of Monroe. Tried before the Hon. C. W. RAPIER. |
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Green v. Rugely |
23 Tex. 539, Supreme Court of Texas (January 01, 1859) |
1859 |
The judgment, as it was rendered, is erroneous, because Mrs. Green was not primarily bound for the debt. If she could be held liable for the debt, as heir or distributee, it could only be to the extent of the value of the property she had received, and the negroes in her possession were shown to be of much less value than the debt, for which a... |
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Gums v. Capehart |
5 Jones Eq. 242, Supreme Court of North Carolina (December 01, 1859) |
1859 |
We are satisfied by the pleadings and proofs, and, particularly, the exhibit annexed to the deposition of Samuel Calvert, which is in the hand-writing of the defendant, Capehart, and signed by him, and amounts in substance to a stipulation that the slaves shall be taken out of this State, in ten days, that Capehart sold the slaves with an intent... |
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Gupton v. Gupton |
3 Head 488, Supreme Court of Tennessee (December 01, 1859) |
1859 |
The complainant is the widow of Abner Gupton, Sr., who died in Montgomery county, in August, 1859, the owner of 10,000 acres of land, supposed to be worth $200,000, about 100 slaves, a large sum of money, and other personal property. He made his will, from which the complainant dissented, in proper time. The deceased had no children by the... |
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Haile v. Miller |
12 Rich. 163, Court of Appeals of Law of South Carolina (May 01, 1859) |
1859 |
The condition of the bond was if the above bound R. M. do appear at the Court of Common Pleas to be holden at Lancaster C. H., &c., to answer to C. M., plaintiff in action of trover, for the production of the negro boy Peter, sued for to satisfy the plaintiff C. M.'s judgment in case he should recover against the defendant, R. M., then the... |
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Hammond v. State |
14 Md. 135, Court of Appeals of Maryland (July 15, 1859) |
1859 |
The plaintiff in error was described in the indictment as a free negress; at the trial, on the plea of not guilty, it appeared that she was a slave; whereupon the State's Attorney moved the court for leave to amend the indictment according to the fact, which was allowed. The trial proceeded to conviction, when a motion was entered in arrest of... |
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Hargrove v. Webb |
27 Ga. 172, Supreme Court of Georgia (January 01, 1859) |
1859 |
[1.] A dilatory plea must be filed at the appearance Term of the cause. [2.] The guardian of a free person of color may ratify his contract, and a suit upon such contract by the guardian is sufficient evidence of such ratification. Complaint, from Miller county. This was complaint by Webb & Allen, on an account, against William R. Hargrove. Upon... |
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Harrell v. Davenport |
5 Jones Eq. 4, Supreme Court of North Carolina (December 01, 1859) |
1859 |
A widow, who dissents from her husband's will, has no right to insist that that certain slaves, who had committed a felony, and were afterwards hanged, should be valued as though they were free from such criminal charge, it being Held by the Court, that slaves so circumstanced, were of no value. It is the duty of the executor taking charge of... |
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Harrell v. Harrell |
5 Jones Eq. 229, Supreme Court of North Carolina (December 01, 1859) |
1859 |
Prior to the act of 1823, no remainder could be limited by deed, at common law, upon a life-estate in a slave. A conveyance for life, was a conveyance of the whole. The deed before us, for construction, was executed before the passage of that act, and consequently, was not affected by it. The rights vested by the operation of the deed, could not be... |
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Harrell v. Lee |
6 Jones (NC) 280, Supreme Court of North Carolina (June 01, 1859) |
1859 |
It is settled: if a third person had hired the slave, and either carried him out of the county, or worked him in a stave-swamp, in violation of the terms of the bailment, he would have been liable under the circumstances of our case; Bell v. Bowen, 1 Jones' Rep. 316. We have this question: The defendant violated the express terms of hiring in both... |
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Harrington v. McLean |
5 Jones Eq. 135, Supreme Court of North Carolina (December 01, 1859) |
1859 |
Where, by marriage articles, it was agreed that the wife should have the use of her slaves for life, and that they should then go to her children, it was Held that the husband of a daughter, who was the only child of the marriage, who became husband in the life-time of his wife's mother, could not sue the executor of her father for the slaves in... |
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Harrison v. Everett |
5 Jones Eq. 163, Supreme Court of North Carolina (December 01, 1859) |
1859 |
A provision in a will, allowing a slave the privilege of choosing his own master, is not against the policy of the law. CAUSE removed from the Court of Equity for Caswell county. John Everett died in the county of Caswell, in the month of June, 1858, and left a last will and testament, one clause of which is in the following words: I desire... |
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Hatcher v. Clifton |
35 Ala. 275, Supreme Court of Alabama (June 01, 1859) |
1859 |
[TROVER FOR CONVERSION OF SLAVES.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK. |
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Haynes v. Jones |
2 Head 372, Supreme Court of Tennessee (April 01, 1859) |
1859 |
The complainants are a portion of the heirs at law and distributees of the estate of John Jones, who died intestate in Gibson county, in 1853, and the defendants are the administrator and remaining distributees and heirs. In addition to an account of the administration, the complainants seek distribution and partition of the slaves and real estate.... |
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Heirn v. Bridault |
8 George 209, High Court of Errors and Appeals of Mississippi (April 01, 1859) |
1859 |
1. SLAVERY: AFRICANS NOT CITIZENS OF THE UNITED STATES.Negroes of African descent, by the common consent of civilized nations, at the time of the Declaration of Independence, and the adoption of the Constitution of the United States, were doomed to slavery, as an inferior class; possessing no rights which the white race were bound to... |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
Henry v. Compton |
2 Head 549, Supreme Court of Tennessee (April 01, 1859) |
1859 |
This case comes up by an appeal from a decree of the Chancellor, sustaining a demurrer to the bill. The object of the bill is to protect a slave, for the price of which the complainants are sureties, from execution creditors of the purchaser, upon the ground that by the decree of the court under which he was sold, a lien was reserved, and the... |
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Henry v. State |
33 Ala. 389, Supreme Court of Alabama (January 01, 1859) |
1859 |
[INDICTMENT AGAINST SLAVE FOR HOMICIDE OF WHITE PERSON.] APPEAL from the Circuit Court of Dallas, on change of venue from Wilcox. Tried before the Hon. NAT. COOK. |
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Hill v. Martin |
28 Mo. 78, Supreme Court of Missouri (January 01, 1859) |
1859 |
This is a proceeding for partition of land and slaves that belonged to John Hill at the time of his death. The plaintiffs are grand-children of John Hill and children of William Hill, a son of John Hill, who died before his father. John Hill by his will gave all his estate (after the death of his widow) to his daughters Mrs. Martin, Mrs. Scott and... |
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Hines v. State |
26 Ga. 614, Supreme Court of Georgia (January 01, 1859) |
1859 |
[1.] An indictment for selling liquor to a slave, alleged that it was the second offence. Held, That this was an allegation for the jury and not for the Court. [2.] It is sufficient, if the offence be stated in the language of the code. [3.] When liquor is furnished to a slave, it is to be presumed, prima facie, that it is furnished for the slave's... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Holloway v. Cotten |
33 Ala. 529, Supreme Court of Alabama (January 01, 1859) |
1859 |
[ACTION FOR BREACH OF WARRANTY OF SOUNDNESS OF SLAVE.] APPEAL from the Circuit Court of Chambers. Tried before the Hon. ROBERT DOUGHERTY. |
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Hotchkiss v. Thomas |
6 Jones (NC) 537, Supreme Court of North Carolina (August 01, 1859) |
1859 |
Supposing Adeline to have been the property of Mrs. Davidson, independent of her husband, it might admit of some consideration, whether she could split up the operation of the executor's assent to the whole gift to her, so as to claim some of the slaves under the assent, and others against it. The Court does not, however, enter into the... |
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Howell v. Bell |
29 Mo. 135, Supreme Court of Missouri (October 01, 1859) |
1859 |
1. A stipulation in a deed of trust of land and slaves, which is duly recorded, that the grantor shall remain in possession of the property conveyed until the maturity of the debt secured, does not of itself render such deed of trust void on its face as to creditors by constituting it a conveyance to the use of the grantor within the meaning of the... |
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Hudson v. State |
34 Ala. 253, Supreme Court of Alabama (June 01, 1859) |
1859 |
[INDICTMENT FOR HOMICIDE OF SLAVE.] ERROR to the Circuit Court of Chambers. Tried before the Hon. ROBERT DOUGHERTY. |
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Huggins v. Moore |
3 Head 426, Supreme Court of Tennessee (December 01, 1859) |
1859 |
This was an action of trover, for the conversion of a slave. Judgment for the plaintiffs for one thousand dollars damages. Jordan, as guardian of the defendants in error, who are minors, hired the slave to Huggins & Ransom, for the year 1857, who were proprietors of a steam flouring mill. By the terms of the contract, the slave was to work in the... |
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Hurdle v. Richardson |
7 Jones (NC) 16, Supreme Court of North Carolina (December 01, 1859) |
1859 |
On a bond, payable twelve months after date, expressed to be for the hire of a slave for a year, the plaintiff is entitled to recover, notwithstanding the fact, that the plaintiff got possession of the slave and detained him against the wishes of the hirer before the year was out. ACTION of DEBT, tried before MANLY, J., at the last Superior Court... |
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Hussey v. Weathersby |
6 Jones (NC) 387, Supreme Court of North Carolina (June 01, 1859) |
1859 |
We are unable to distinguish this case from that of Maxwell v. Miller, 11 Ired. Rep. 272. There, the action was for the warranty of the soundness of a slave contained in a bill of sale given by the defendant, to which his wife was the only subscribing witness. It was objected that she could not be a witness, and that the bill of sale did not pass... |
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In re Connor |
12 Rich. 349, Court of Appeals of Law of South Carolina (November 01, 1859) |
1859 |
Where a sheriff levied under execution, on goods and chattels, other than slaves, which were liable to distress for rent, and left them in possession of the tenant under bond for delivery, and the goods and chattels were removed by the tenant from the premises before the day on which they were advertised to be sold by the sheriff:Held, that... |
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Isaac v. Farnsworth |
3 Head 275, Supreme Court of Tennessee (September 01, 1859) |
1859 |
This is a bill for freedom. The facts, as we consider them established in the case, are as follows: In 1829, Frederick Dewitt, the owner of Isaac, made his will, and died. He left his two slaves, Isaac being one, to his wife for life, with remainder to his children equally, and then makes this singular provision: My will is, that no Court... |
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Isaac v. Sliger |
3 Head 214, Supreme Court of Tennessee (September 01, 1859) |
1859 |
The complainant seeks by this bill to be emancipated, by a decree of the Court of Chancery. The right of freedom is based upon a supposed agreement alleged to have been made with him by Henry Sliger--his former owner. The allegation of the bill is, that the said Henry, previous to his death, agreed with the said Isaac, that he should be free... |
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Jamison v. Knotts |
12 Rich. 190, Court of Appeals of Law of South Carolina (May 01, 1859) |
1859 |
On a bill in Equity for foreclosure, it was ordered, that the defendant be enjoined from removing the negroes, (naming them,) and that he do enter into bond with good security, in the sum of one thousand five hundred dollars, for the forthcoming of the said negroes to abide the further order of the Court. The condition of the bond was... |
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Jane v. Prater's Adm'r |
2 Met. 453, Court of Appeals of Kentucky (December 23, 1859) |
1859 |
1. A void devise of a slave to a free negro imparts no right of freedom to such slave. 2. The doctrine is well settled, in this and other States where slavery exists, that the children follow the condition of the mother at the time of the birth, according to the maxim partus sequitur ventrem. 3. A will contains these clauses: It is also my... |
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Jeff v. State |
8 George 321, High Court of Errors and Appeals of Mississippi (October 01, 1859) |
1859 |
1. MASTER AND SLAVE: WHO IS A MASTER OR EMPLOYER OF A SLAVE.The son-in-law of a non-resident owner of a plantation and slaves, who resides on the premises, and manages and controls the slaves, though without any agreement as to the terms on which this is done, is a master and employer of the slaves, in the meaning of the statute which... |
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Jennings v. State |
3 Head 520, Supreme Court of Tennessee (December 01, 1859) |
1859 |
This is an indictment for selling spirits to a slave under the Code. The confusion in the sections on that subject, renders it necessary to place a construction upon them. His honor, the Judge of the Criminal Court at Nashville, charged that, in taking all the provisions together: A slave cannot buy liquor with the consent of the master or... |
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Johnson v. Andrews |
28 Ga. 17, Supreme Court of Georgia (March 01, 1859) |
1859 |
An unsound negro was sold by an administrator, but without warranty of soundness, and without deceit. The purchaser applied for an injunction to prevent the collection of his note given for the purchase money. Held, That he was not entitled to the injunction. In Equity, from Henry county. This bill was filed by the plaintiff in error to enjoin the... |
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Johnson v. Marshall |
34 Ala. 522, Supreme Court of Alabama (June 01, 1859) |
1859 |
[DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Sumter. Tried before the Hon. WM. S. MUDD. |
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Jones v. Baird |
7 Jones (NC) 152, Supreme Court of North Carolina (December 01, 1859) |
1859 |
In the case of Lewis v. Mobley, 4 Dev. and Bat. Rep. 323, it was held that where the purchaser of a slave, from a tenant for life, sold him out and out during the life of the tenant for life, the ultimate owner could not maintain trover against the seller for the alleged conversion, because, during the life of the tenant for life, his right of... |
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Jones v. Hall |
5 Jones Eq. 26, Supreme Court of North Carolina (December 01, 1859) |
1859 |
Where a father made a deed of gift of a negro child to his son, who was also a child, and after eight years, during which time both remained under the control of the donor, sold and conveyed the slave to another for half its value, it was Held that the latter had no ground in Equity to have the gift set aside, and the donee declared a trustee for... |
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Jones v. Jones |
12 Rich. 116, Court of Appeals of Law of South Carolina (January 01, 1859) |
1859 |
Where in an action within the sum. pro. jurisdiction by one free negro against another, the defendant is served with interrogatories, he may answer in writing on oath before the Clerk, and his answer thus sworn to may be read in Court. Where the attesting witness to a note is a free negro, mere proof of his handwriting is insufficient to prove the... |
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Knox v. North Carolina R. Co. |
6 Jones (NC) 415, Supreme Court of North Carolina (June 01, 1859) |
1859 |
Where the hirer of a slave agreed with the owner, that he should work all the time under the eye of a white overseer, and the contract was violated by putting the slave to work with other slaves without a white overseer to direct or control them, during which time, the slave was killed by a blow from an unexplained source, it was Held that it... |
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Landrum v. Russell |
29 Ga. 405, Supreme Court of Georgia (August 01, 1859) |
1859 |
It is error to charge the jury, that a deed of gift to a slave is superseded by a subsequent purchase from the same person, without notice of such deed of gift, in a case where there is no evidence of a purchase from the same person, and where the deed of gift had been recorded within twelve months after it was madesuch record being... |
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Lane v. Crutchfield |
3 Head 452, Supreme Court of Tennessee (December 01, 1859) |
1859 |
James M. Crutchfield made his will, and died in Wilson county, in 1846, leaving Eliabeth B., his widow, and two children, Nancy E. and Richard T. The complainant is the son and only child of Elizabeth B. by her first husband. The will, after the payment of all the debts and expenses of adminsitration, gives all his land, slaves and other property... |
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Lane v. Phillips |
6 Jones (NC) 455, Supreme Court of North Carolina (June 01, 1859) |
1859 |
It was Held to be a good ground for discharging an overseer that he assumed to control the slaves in his charge against the known wishes and positive commands of the owner. Where an overseer acts so badly as to compel his employer to dismiss him before the time is out, for which he contracted to serve, he is not entitled to recover anything for the... |
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