TitleCitationYearSummaryMost RelevantTypeStatus
Lanehart v. Jeter 7 George 650, High Court of Errors and Appeals of Mississippi (April 01, 1859) 1859 1. HUSBAND AND WIFE: HUSBAND'S INTEREST IN SLAVES HELD UNDER ACT OF 1839.The husband does not acquire, by his marriage, an absolute right of property in the slaves of the wife, held under Act of 1839, his interest being usufructuary merely during the term of his own life; and hence, upon the death of the wife, if the husband become her... Most Relevant Cases  
Latimer v. Rogers 3 Head 692, Supreme Court of Tennessee (December 01, 1859) 1859 This case involves a question in regard to the right of succession to the joint estate of William and George Latimer, deceased. The facts are these: Jacob Latimer died intestate, in the year 1854. He was the owner, at his death, of several tracts of land, and eight slaves, besides other personal property. He left surviving him two children--the... Most Relevant Cases  
Lawrence v. Philpot 27 Ga. 585, Supreme Court of Georgia (March 01, 1859) 1859 [1.] The only source, in general, from which an administrator with the will annexed, can derive the power to sell the slaves held by him, as administrator, is the will, or, an order of the Court of Ordinary. [2.] An administrator and one C. referred a dispute between them as to some negroes, to arbitrators, who awarded the negroes to the... Most Relevant Cases  
Lockett v. Mims 27 Ga. 207, Supreme Court of Georgia (January 01, 1859) 1859 [1.] Proof that it is the general plan of a father to loan, and not to give slaves to his children, when they marry or settle in life, is admissible to rebut the presumption of a gift arising from the possession of slaves by a married daughter. Nor is this testimony controverted by the evidence that he had given land to some of the children. [2.]... Most Relevant Cases  
Long v. Gilliam 28 Mo. 560, Supreme Court of Missouri (July 01, 1859) 1859 There is no attempt in this case to make the trustee personally liable on any warranty express or implied, and in this respect it is distinguishable from those cited by the plaintiff's counsel. If Horne, the grantor in the trust deed, had sold the slave without the intervention of a trustee, it would hardly be maintained that he could recover his... Most Relevant Cases  
Lowe v. Cody 29 Ga. 117, Supreme Court of Georgia (June 01, 1859) 1859 The wife has an equity to a settlement out of her share in her father's estate, until her husband's marital right has attached to that share. In Equity, in Taylor Superior Court. This was a bill filed by Nancy Cody, by her next friend, Lewis Hill, against Elias Cody, Freeman Walker, and Lawrence Walker, executors of Persons Walker, deceased,... Most Relevant Cases  
Lucas v. Daniels 34 Ala. 188, Supreme Court of Alabama (January 01, 1859) 1859 [DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK. Most Relevant Cases  
Martin v. Hawkins 20 Ark. 150, Supreme Court of Arkansas (January 01, 1859) 1859 Hawkins, the defendant in error, who was the plaintiff below, pleads in bar of the writ, alleging in substance: That on the 18th day of November, 1854, he instituted his action of replevin in the Court below, against Martin, the plaintiff in error, for the recovery of certain slaves which were then in the possession of Martin: that a writ issued in... Most Relevant Cases  
McAdams v. Beard 34 Ala. 478, Supreme Court of Alabama (June 01, 1859) 1859 [TRIAL OF RIGHT OF PROPERTY IN SLAVES.] APPEAL from the Circuit Court of Lowndes. Tried before the Hon. NAT. COOK. Most Relevant Cases  
McCune v. McCune 29 Mo. 117, Supreme Court of Missouri (October 01, 1859) 1859 1. When a person parts with his property, he may attach such lawful conditions to the transfer as he thinks proper. 2. Slaves were devised by a husband to his widow for life, with remainder to their children at her death. The persons appointed by the will to make the division among the heirs, with the consent of the widow made a division of the... Most Relevant Cases  
McKeil v. Cutlar 4 Jones Eq. 381, Supreme Court of North Carolina (June 01, 1859) 1859 We are satisfied that Catharine Cutlar sold the slave out and out, with the intention that he should be run off, and taken to parts unknown; and that she received $500, as the price. Having only a life-estate, it was against conscience for her to sell the absolute interest, except upon the footing, that as the charge of a criminal offence, which... Most Relevant Cases  
McNeill v. McNeill 35 Ala. 30, Supreme Court of Alabama (June 01, 1859) 1859 [DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK. Most Relevant Cases  
McRae v. Singleton 35 Ala. 297, Supreme Court of Alabama (June 01, 1859) 1859 [BILL IN EQUITY BY DISTRIBUTEES, AGAINST REPRESENTATIVES OF ADMINISTRATORS, FOR RECOVERY OF SLAVES, ACCOUNT OF HIRE, &C.] APPEAL from the Chancery Court of Shelby. Heard before the Hon. JAMES B. CLARK. Most Relevant Cases  
Memphis & C. R. Co. v. Jones 2 Head 517, Supreme Court of Tennessee (April 01, 1859) 1859 This was an action on the case, brought by Jones against the company, to recover damages for the loss of a slave, run over by a train of cars, and killed. The plaintiff recovered judgment for $1,232. The record shows that Jones, the plaintiff, hired to the defendant, for the year 1856, two negro boys to work on the railroad, at twenty-three dollars... Most Relevant Cases  
Minor v. State 7 George 630, High Court of Errors and Appeals of Mississippi (April 01, 1859) 1859 HIGH COURT: SLAVES NOT ENTITLED TO WRIT OF ERROR IN CASES NOT CAPITAL.-The judgment of the Circuit Court upon an appeal taken from the decision of two justices of the peace and five slaveholders, convicting a slave or free negro of an offence not capital, is final, and is not subject to revision by this court, upon writ of error. Most Relevant Cases  
Mitchell v. Wells 8 George 235, High Court of Errors and Appeals of Mississippi (April 01, 1859) 1859 1. SLAVERY: AFRICAN RACE, STATUS OF, IN UNITED STATES.At the time of the Declaration of American Independence, and at the date of the adoption of the Constitution of the United States, the African race was regarded by all the States as an inferior and subordinate class, unfit for self-government, or political or social fellowship with the... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Moss v. Ashbrooks 20 Ark. 128, Supreme Court of Arkansas (January 01, 1859) 1859 In a bequest of several slaves to four minor children, to be equally divided between them, the testator expressed his will and desire that there should be a guardian appointed to take charge of the property until the four children became of age: no division of the slaves can be legally made until the youngest child becomes of age.... Most Relevant Cases  
Munford v. Taylor 2 Met. 599, Court of Appeals of Kentucky (December 23, 1859) 1859 1. Larceny committed by a slave amounts to a misdemeanor only.--Here the slave had taken in the night time from the mail stage a trunk containing clothing and other articles of value, belonging to one of the passengers. He had also stolen a horse. 2. A peace officer and a private person, without a warrant, arrested a slave who had committed a... Most Relevant Cases  
Naylor's Adm'r v. Moffatt 29 Mo. 126, Supreme Court of Missouri (October 01, 1859) 1859 This was an action by Edward C. McDonald, administrator with the will annexed of the estate of William Naylor, for the recovery of certain slaves. The petition alleges that William Naylor died in the state of Virginia in 1840, leaving a will appointing an executor in that state, and that the slaves in controversy should be [free] upon attaining to... Most Relevant Cases  
Negro William v. Reynolds 14 Md. 109, Court of Appeals of Maryland (July 15, 1859) 1859 The correctness of the ruling on the first of the defendant's prayers is not before us, as he did not appeal. We are confined to the points presented by the appeal of the children of Lucinda, against whom the defendant obtained a verdict and judgment; and these arise on the second prayer of the defendant, which the court granted, and on the second... Most Relevant Cases  
Nored v. Adams 2 Head 449, Supreme Court of Tennessee (April 01, 1859) 1859 This was an action of covenant for breach of warranty of the soundness of a female slave, named Minerva, conveyed by the defendant to the plaintiff, on the 28th of March, 1857. Verdict and judgment for the defendant. The proof is conflicting; and it being admitted upon the record that the charge of the court (which is not set out in the bill of... Most Relevant Cases  
Norton v. Moore 3 Head 480, Supreme Court of Tennessee (December 01, 1859) 1859 This is an action for an alleged breach of warranty in the sale of two slaves--Caroline and Clarissa--made by the defendant to the plaintiff, on the 21st of August, 1856, and judgment being against the plaintiff, he has appealed in error to this court. He avers, that at the time of the sale and warranty, both of said slaves were unsound--the former... Most Relevant Cases  
Oldham v. Oldham 5 Jones Eq. 89, Supreme Court of North Carolina (December 01, 1859) 1859 The bill is filed to call in and cancel, or declare null a bill of sale, made by Sarah Oldham to her son, Young Oldham, for a slave, named Brooks. The equity of the bill is placed on several grounds, viz., fiduciary relations between the parties--a want of consideration--imbecility of mind in the bargainor and imposition. Whatever may be thought of... Most Relevant Cases  
Outlaw v. Gilmer 27 Ga. 365, Supreme Court of Georgia (January 01, 1859) 1859 The Court has no authority to make the Sheriff, special bail in Trover, founded on the Act of 1821. Bail Trover, in Lee Superior Court. Outlaw brought his action of trover against Gilmer, for two negro slaves, returnable to the Superior Court of Lee county, to be held on the fourth Monday in September, 1858. The statutory affidavit for holding the... Most Relevant Cases  
Overfield v. Sutton 1 Met. 621, Court of Appeals of Kentucky (February 05, 1859) 1859 1. The provisions of sec. 7 of art. 1, chap. 93, Revised Statutes (page 628), were intended as a substantial re-enactment of sections 41, 42 and 43 of the Act of 1798 (2 Statute Law, 1480), which relate to gifts of slaves, as interpreted and expounded by the decisions of the court of appeals. 2. Where a law has been settled by clear expressions or... Most Relevant Cases  
Overton v. Allen 3 Head 440, Supreme Court of Tennessee (December 01, 1859) 1859 This was an action of detinue, brought by Allen, as executor of the estate of A. W. Overton, Sr., deceased, against A. W. Overton, Jr., for the recovery of a slave, named Henderson. The facts were agreed upon in the Circuit Court, and are as follows: About the first of January, 1855, the defendant, Overton, proposed to his uncle, A. W. Overton,... Most Relevant Cases  
Page v. Luther 6 Jones (NC) 413, Supreme Court of North Carolina (June 01, 1859) 1859 Since the enactment of the Revised Code, selling spirituous liquor to a slave, without a permission in writing, is contrary to law, even though the spirits be for the use of the master, and the slave was really directed to go for it. ACTION ON THE CASE, tried before CALDWELL, J., at the last Term of Randolph Superior Court. The case arose upon a... Most Relevant Cases  
Parish v. Galloway 34 Ala. 163, Supreme Court of Alabama (January 01, 1859) 1859 [BILL IN EQUITY FOR RECOVERY OF SLAVES, ACCOUNT, &C.] APPEAL from the Chancery Court of Henry. Heard before the Hon. WADE KEYES. Most Relevant Cases  
Parker v. Hall 2 Head 641, Supreme Court of Tennessee (April 01, 1859) 1859 The bill in this case is filed to recover of the defendant, Jesse D. Hall, a slave, Judy, and her child Henry. The bill alleges, and the proof shows, that the defendant, very soon after he came into possession of said slaves, for the purpose of defeating the claim of complainants, whatever it was, removed said slaves to another State. The prayer of... Most Relevant Cases  
Parker v. Parker 4 Jones Eq. 439, Supreme Court of North Carolina (August 01, 1859) 1859 There have been so many cases holding, that increase annexed to the gift of a female slave does not per se, pass her issue, before the testator's death, as to make the doctrine familiar to the whole profession. But the Court has readily looked to any thing in the will tending to show that increase was used in a more enlarged sense, and allowed... Most Relevant Cases  
Perkins v. Brown 29 Ga. 412, Supreme Court of Georgia (August 01, 1859) 1859 Was the Court below right in overruling the motion for a new trial? We think so. The grounds of that motion were two; one the charge given, the other the refusal of the charge requested to be given. Was the charge given, right? That charge was in effect, as follows; that if the executrix, Mrs. Perkins relinquished her life estate in the negroes,... Most Relevant Cases  
Perry v. High 3 Head 349, Supreme Court of Tennessee (December 01, 1859) 1859 1. The Chancellor decreed that the children, or increase of the female slaves of the testator, born after the execution of his will, and before his death, did not go to the prospective legatees, or donees of the mothers, under the will. In this opinion we concur. As the will did not begin to operate until the death of the testator, no right to the... Most Relevant Cases  
Philleo v. Holliday 24 Tex. 38, Supreme Court of Texas (January 01, 1859) 1859 A bequest, by will, of freedom to slaves, where no provision is made for their removal from the state, is void. 12 Tex. 140; post, 58. It is a cardinal principle that the intention of the testator, if not inconsistent with the law, shall prevail; and all rules for the construction of wills are intended to aid in ascertaining such intention. The... Most Relevant Cases  
Price v. Cutts 29 Ga. 142, Supreme Court of Georgia (June 01, 1859) 1859 [1.] An agreement to execute a mortgage in presenti, the actual execution failing through inadvertence, does not constitute such a lien as will prevail against subsequent judgment creditors. [2.] The Sheriff, or one who acts as his agent, pro hac vice, is entitled only to his prescribed fees for keeping negroes, stock, &c., although he works them... Most Relevant Cases  
Quince v. Nixon 6 Jones (NC) 289, Supreme Court of North Carolina (June 01, 1859) 1859 This Court concurs in the conclusion of his Honor, that the plaintiff was not entitled to recover. The plaintiff acquired no title as administrator de bonis non, for the reason that Mrs. Peterson, who was administratrix of her former husband, Brown, had completed the administration in respect to Katy, the mother of the slave in controversy: so,... Most Relevant Cases  
Raines v. Perryman 29 Ga. 529, Supreme Court of Georgia (November 01, 1859) 1859 [1.] In trover, a deed to the plaintiff, from one who has no title, can give the plaintiff no right to recover. [??, 3, 4.] When the existence of superior evidence is shown, inferior evidence is not admissible, until it is also shown, that the superior is not attainable. Trover for negroes, in Putnam Superior Court. This was an action of trover... Most Relevant Cases  
Rand v. Oxford 34 Ala. 474, Supreme Court of Alabama (June 01, 1859) 1859 [TROVER BY VENDOR AGAINST PURCHASER OF SLAVE.] APPEAL from the Circuit Court of Wilcox. Tried before the Hon. NAT. COOK. Most Relevant Cases  
Reynolds v. Lewis 14 Md. 116, Court of Appeals of Maryland (July 15, 1859) 1859 The record in this case is defective in not setting out a bill of exceptions, according to the agreement of the parties. There is, consequently, nothing before us on which the court can revise the judgment below. The appeal must be dismissed. We may observe, however, that the right of the appellees to their freedom, as appears by the agreements,... Most Relevant Cases  
Reynolds v. Negro Juliet 14 Md. 118, Court of Appeals of Maryland (July 15, 1859) 1859 The exception contains nothing but a prayer offered by the defendant, which was rejected. According to the case of Burtles v. State, 4 Md. 277, we must, in the absence of testimony, intend that the court acted properly in refusing the instruction. If there was any proof on the subject of assets, it ought to have been set out to enable the court to... Most Relevant Cases  
Riggins v. McClellan 28 Mo. 23, Supreme Court of Missouri (January 01, 1859) 1859 1. In the year 1842, a testatrix, domiciled in the state of Kentucky, died there. By her will she made the following bequest: I give and bequeath to my daughter, Margaret Dean, a negro girl named Hannah, for to be at her disposal during her natural life, then to go to the benefit of her heirs. Held, that the daughter took an estate for life only,... Most Relevant Cases  
Rogers v. Rogers 2 Head 660, Supreme Court of Tennessee (April 01, 1859) 1859 This is a bill for a construction of the will of Jubilee Rogers. In the second clause, he bequeathed to his wife, Harriet, during her life, or widowhood, seven slaves, by name, and at her death, or marriage, to be disposed of as he should afterwards direct in said will, unless she died his widow; in which event he gave her the privilege of giving... Most Relevant Cases  
Russell v. Lynch 28 Mo. 312, Supreme Court of Missouri (March 01, 1859) 1859 1. A slave was placed in a private jail-yard for safe keeping. The bailor at the time knew, through occasional visits to the yard, that a negro boy watched at the door of the enclosure and opened the same for purposes of ingress and egress. Held, that this fact would not, in an action to recover damages for the escape of the slave through... Most Relevant Cases  
Ryan v. Gallman's Ex'rs 12 Rich. 332, Court of Appeals of Law of South Carolina (November 01, 1859) 1859 A guardian converted the slaves of his ward to his own use, by selling them without leave of the Court, and after his ward arrived at age, settled with him without bringing the proceeds of the sale into the account. He had never made mention of the slaves, or of the proceeds of their sale, in any of his returns to the Court. Held, that the ward... Most Relevant Cases  
Salmons' Adm'rs v. Davis 29 Mo. 176, Supreme Court of Missouri (October 01, 1859) 1859 One of the principal questions in this case is whether the administrator of Joel Salmons or his distributees should have brought this action. Salmons died in Kentucky in 1826. No administration in form was had upon his estate, but his widow and children (who were all of age but one) divided out his property, and the mother of the slaves now sued... Most Relevant Cases  
Sandeford v. Hess 2 Head 680, Supreme Court of Tennessee (April 01, 1859) 1859 This is an action of replevin for a slave, Mary, in which the defendant had judgment, and the plaintiff has appealed in error to this court. The facts of the case are these: One Landis, a constable of Gibson county, had in his hands for collection three executions, issued by a justice of the peace, against R. P. Raines, and on June 14, 1858, he... Most Relevant Cases  
Sanders v. Sanders 20 Ark. 610, Supreme Court of Arkansas (October 01, 1859) 1859 A Court of Chancery has jurisdiction to enjoin the sale of a slave levied upon under an execution against another person, and to restore the slave to the owner: and the case of Lovette and wife v. Longmire, 14 Ark. 339, so far as it holds that a Court of Chancery has no jurisdiction to enjoin the sale of slaves, held as the separate property of the... Most Relevant Cases  
Scruggs v. Davis 3 Head 664, Supreme Court of Tennessee (December 01, 1859) 1859 The plaintiff came aboard of the steamboat Tennessee, at Eddyville, Ky., of which the defendant was owner and captain, and took passage for himself and negro man slave, for Nashville. The slave had been runaway from his master and recaptured. He was brought upon the boat with his arms bound, and so continued. He told the clerk he... Most Relevant Cases  
Seay v. Young 2 Head 417, Supreme Court of Tennessee (April 01, 1859) 1859 This a bill filed by the complainants, James B. Seay and Joseph S. Seay, who are infants, to recover of the defendants, Young and Cowan, a slave by the name of Leah, and her children, five in number. The title supposed to exist in complainants is derived from the will of their grandfather, William Peatrass, of Caroline county, in the State of... Most Relevant Cases  
Shepard v. Wright 5 Jones Eq. 20, Supreme Court of North Carolina (December 01, 1859) 1859 It will be perceived by a reference to the will, that the testator makes provision for a widow and ten children--three males and seven females. In making a disposition of his slaves, he gives a lot specifically his wife, with remainder over. He then gives a specific legacy for the sole and separate use of his daughter, Eliza Wright, of four slaves,... Most Relevant Cases  
Shropshire v. Conrad 2 Met. 143, Court of Appeals of Kentucky (June 29, 1859) 1859 A demand for unliquidated damages, although it may arise upon a contract, is not the proper subject of a set-off under the Civil Code. This action was brought against the appellants on a note for one thousand and sixty-six dollars. They attempted, by way of defense, to rely upon an alleged breach of warranty of the soundness of a slave, which had... Most Relevant Cases  
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