TitleCitationYearSummaryMost RelevantTypeStatus
Shue v. Turk 15 Gratt. 256, Supreme Court of Appeals of Virginia (August 26, 1859) 1859 1. D makes a contract with H, by which he sells to H his slave S for three hundred and fifty dollars, estimated to be one-half his value, and when H is reimbursed this money from the earnings of S, H is to emancipate him. H hires out S and keeps an account of his earnings and expenses; and when he has received all but about twenty-one dollars, H... Most Relevant Cases  
Simon v. State 8 George 288, High Court of Errors and Appeals of Mississippi (April 01, 1859) 1859 1. EVIDENCE: CONFESSIONS, MUST BE VOLUNTARY.A confession is not admissible in evidence unless it is made freely and voluntarily, without any restraint, and without any hope of reward, or fear of punishment. Slight expressions, calculated to convey to the mind of the party confessing that he would obtain any benefit, or escape any punishment,... Most Relevant Cases  
Simon v. State 7 George 636, High Court of Errors and Appeals of Mississippi (April 01, 1859) 1859 EVIDENCE: CONFESSION: UNDUE INFLUENCE: CASE IN JUDGMENT.The prisoner, who was a slave, soon after his arrest, confessed that he killed the deceased, but the confession was obtained by undue influence. He was then committed to jail, and soon after made the same confession in the presence of the jailor, and repeated it on several... Most Relevant Cases  
Simons v. Fox 12 Rich. 392, Court of Appeals of Law of South Carolina (November 01, 1859) 1859 A.'s slave ran away, and B. had possession of him, claiming him as his own, for more than four years. B.'s possession was unknown to A., but there was no evidence that A. knew the slave to be a runaway:-Held, that B., by his adverse possession, had acquired a good title to the slave. A party's title, acquired by four years adverse possession of a... Most Relevant Cases  
Slocum v. Washington 6 Jones (NC) 357, Supreme Court of North Carolina (June 01, 1859) 1859 Where slaves were hired out at high prices as rail-road hands for the purpose of grading the tract, it was Held to be relevant to the question of ordinary care, to enquire, whether, by reason that the work is to be done along an extended line, at no particular point of which there is a long detention, any better provision for lodging is usually... Most Relevant Cases  
Smith v. Cozart 2 Head 526, Supreme Court of Tennessee (April 01, 1859) 1859 This was an action on the case for fraud in the sale of a female slave. There was a recovery for $1,112.50. This case is peculiar in some of its features, and, by no means, free from difficulty. It appears that the negotiation between Mrs. Cozart, the plaintiff below, and the defendant, Smith, for the purchase of the girl in question, was conducted... Most Relevant Cases  
Smith v. State 24 Tex. 547, Supreme Court of Texas (January 01, 1859) 1859 If a dealer therein sell or give intoxicating liquor to a slave, by the consent o order of another person, it is his duty to know that such person is the master, overseer or employer of the slave. But if a white man should buy the liquor, not colorably or collusively, but really and in good faith, and give or pay it to the slave, the first seller... Most Relevant Cases  
Solomon v. Breazeal 27 Ga. 200, Supreme Court of Georgia (January 01, 1859) 1859 Levied this fi. fa. on the undivided interest of Mary Moore and Henry E. Moore, in the following negroes, &c., the interest being such as is conveyed to them by deed on record in the Bibb Superior Clerk's office, by George W. Moore, 19th August, 1843, and recorded 8th September, 1843. Held, That the levy in this case was... Most Relevant Cases  
Speer v. See Yup Co. 13 Cal. 73, Supreme Court of California (April 01, 1859) 1859 The only error assigned in this cause is the exclusion of a Chinese witness offered by plaintiff. Section 394, of the Civil Practice Act, provides that no Indian or Negro shall be allowed to testify as a witness in any action in which a white person is a party; and in the People v. Hall, (4 Cal. 399,) it was held that the term... Most Relevant Cases  
Stanley v. Gilmer 27 Ga. 589, Supreme Court of Georgia (March 01, 1859) 1859 The charge of the presiding Judge in the Court below, does not appear in the record. Hence, we can not determine whether the verdict of the jury was contrary thereto. We do not think that the verdict was either against law, the evidence, or the weight of evidence. The title to the negro was the only matter in issue before the jury. If she was... Most Relevant Cases  
State v. Adams 3 Head 259, Supreme Court of Tennessee (September 01, 1859) 1859 Adams was indicted in the Circuit Court of Campbell for stealing and harboring a slave, with a count for securing stolen goods feloniously. He gave bail for his appearance, which was forfeited; and this is a proceeding by scire facias, to enforce the penalty against the sureties. Two pleas are relied upon: 1. That there is no such record; and a... Most Relevant Cases  
State v. Baltimore & S. Steam Co. 13 Md. 181, Court of Appeals of Maryland (March 11, 1859) 1859 The act of 1838, ch. 375, to prevent the transportation of people of color upon railroads or in steamboats, enacts, that it shall not be lawful for any slave to be transported on any railroad, or any steamboat, &c., without a permission in writing from the owner of such slave, under the penalty of $500 for every violation of... Most Relevant Cases  
State v. Davis 7 Jones (NC) 52, Supreme Court of North Carolina (December 01, 1859) 1859 A free negro has a right to strike a white man to protect himself from great bodily harm, or grievous oppression. INDICTMENT for ASSAULT AND BATTERY, tried before SAUNDERS, J., at the last Fall Term of Craven Superior Court. The battery was alleged to have been committed on one Edward Hart. The defendant was a free negro, residing within the limits... Most Relevant Cases  
State v. Elick 7 Jones (NC) 68, Supreme Court of North Carolina (December 01, 1859) 1859 Where a negro made an assault upon a white woman, with an intent to ravish her, and afterwards changed his purpose and desisted, it was Held nevertheless, that he was guilty under the statute. INDICTMENT for an assault with intent to ravish, tried before DICK, J., at the last Fall Term of Davidson Superior Court. The defendant was a slave,... Most Relevant Cases  
State v. Farr 12 Rich. 24, Court of Appeals of Law of South Carolina (January 01, 1859) 1859 Appearance and traverse to an indictment for a misdemeanor, operate not only as a postponement, but also as a plea of not guilty, and defendant cannot, at the next term, plead a misnomer in abatement. A plea in abatement for a misnomer of defendant, must be in writing, and verified by affidavit. An indictment for buying corn from a slave, alleged... Most Relevant Cases  
State v. Goff 20 Ark. 289, Supreme Court of Arkansas (January 01, 1859) 1859 Joshua Goff was indicted in the Crawford Circuit Court, for laboring on the Sabbath, etc. The trial resulted in his acquittal, and the State appealed. The facts as set out in the bill of exceptions, are briefly these: Goff was engaged in cutting and binding wheat-a negro man cutting and Goff binding after him-on Sunday; for a week previous to the... Most Relevant Cases  
State v. Harrington 12 Rich. 293, Court of Appeals of Law of South Carolina (November 01, 1859) 1859 Where one is indicted for selling spirits to a slave, he may justify by showing a permit, and such permit may be proved by showing it to be in the hand-writing of the person having charge of the slave, without examining the person himself. Most Relevant Cases  
State v. Harris 6 Jones (NC) 448, Supreme Court of North Carolina (June 01, 1859) 1859 A license granted by a county court to a free person of color to carry a gun on his own land, does not protect him from the penalties of the act of Assembly, Rev. Code, ch. 107, sec. 66, for carrying such gun off of his own land. INDICTMENT against the defendant, a free person of color for carrying fire-arms, tried before SHEPHERD, J., at the last... Most Relevant Cases  
State v. Johnston 6 Jones (NC) 485, Supreme Court of North Carolina (June 01, 1859) 1859 Where the name of the owner of a slave was set forth in a bill of indictment against one for unlawfully trading with such slave, it was Held necessary to prove it as laid. INDICTMENT for unlawfully trading with a slave, tried before DICK, J., at a special Term, (June, 1858,) of Northampton Superior Court. The indictment charged the defendant with... Most Relevant Cases  
State v. Patrick 6 Jones (NC) 308, Supreme Court of North Carolina (June 01, 1859) 1859 That a person was generally reputed to be free, and had acted and passed as a free man, can be adduced in a trial to operate against him, as well as when such evidence operates in his favor. THIS was an INDICTMENT against the defendant, as a free negro, for carrying fire arms, tried before SAUNDERS, J., at the last Spring Term of... Most Relevant Cases  
State v. Peters 28 Mo. 241, Supreme Court of Missouri (March 01, 1859) 1859 1. When a slave is cruelly or inhumanly abused by a person who does not have such slave in his employment or under his charge, power or control, resort can not be had, in the punishment of such an offence, to an indictment founded on the forty-eighth section of the eighth article of the act concerning crimes and punishments. (R. C. 1855, p. 634.)... Most Relevant Cases  
State v. Rollins 12 Rich. 297, Court of Appeals of Law of South Carolina (November 01, 1859) 1859 Where a vendor or retailer of spirituous liquors is convicted under the Act of 1834, for selling spirits to a slave, he cannot, for the same offence, be again convicted under the Act of 1817, for trading with a slave. Most Relevant Cases  
State v. Town Council of Newberry 12 Rich. 339, Court of Appeals of Law of South Carolina (November 01, 1859) 1859 The charter of an incorporated village exempted from taxation all such lands and negroes, within the corporate limits, as shall be employed exclusively for agricultural purposes:-Held, that a planter, whose plantation extended into the village, and who resided, with all his slaves, on his plantation, within the corporate limits, was liable to be... Most Relevant Cases  
Swain v. Spruill 4 Jones Eq. 364, Supreme Court of North Carolina (June 01, 1859) 1859 Where one gave, by will, to his wife for life, all his land and plantations, with the stock of every kind upon them, with slaves and a white family to be supported, and added, that all the rest of my chattel-property, of every description, after taking out the chattel-property left out to A, was to go to her, it was Held that there was a strong... Most Relevant Cases  
Swan v. Newman 3 Head 288, Supreme Court of Tennessee (September 01, 1859) 1859 At a sale of the lands and slaves of the estate of Jacob Newman, deceased, under a decree of the Chancery Court at Knoxville, made upon the bill of the defendants, as his personal representatives and heirs, Wm. G. Swan became the purchaser of lots to the amount of about $4,000, for which he executed his notes and made payments according to the... Most Relevant Cases  
Tallahassee R. Co. v. Macon 8 Fla. 299, Supreme Court of Florida (January 01, 1859) 1859 1. The bailee of a slave upon hire is bound to bestow that degree of care and attention which a human master would bestow on his own servant under the like circumstances. 2. When there is conflicting evidence and the verdict is not manifestly against the weight of evidence, the Court will not interpose to set aside the verdict of a jury. This case... Most Relevant Cases  
Tarry v. Brown 34 Ala. 159, Supreme Court of Alabama (January 01, 1859) 1859 [TRESPASS FOR CARRYING OFF SLAVES.] APPEAL from the Circuit Court of Perry. Tried before the Hon. WILLIAM S. MUDD. Most Relevant Cases  
The Henry 41 Hunt Mer. Mag. 708, Circuit Court, SD New York (September 22, 1859) 1859 Appeal from the district court of the United States for the Southern district of New York. This was a libel of information, filed in the district court, by the United States, against the brig Henry, upon a charge of having been fitted out in the port of New York, for the purpose of engaging in the slave trade, contrary to the act of congress, and... Most Relevant Cases  
The Orion 4 Weekly L. Gaz. 327, District Court, SD New York (October 01, 1859) 1859 This was a libel of information filed against the bark Orion charged with being engaged in the slave trade. Most Relevant Cases  
Thomason v. Dill 34 Ala. 175, Supreme Court of Alabama (January 01, 1859) 1859 [ACTION ON NOTE GIVEN FOR PURCHASE-MONEY OF SLAVE.] APPEAL from the Circuit Court of Talladega. Tried before the Hon. S. D. HALE. Most Relevant Cases  
Thompson v. Mitchell 4 Jones Eq. 441, Supreme Court of North Carolina (August 01, 1859) 1859 The clause of the will submitted to us for construction, is entire and unbroken, and we can see no ground upon which the words, what remains, to be sold, &c., can be so detached as to be referable alone to the stock of cattle, hogs and sheep, and not be extended to the negroes and other property, given in the clause by words making a continuous... Most Relevant Cases  
Tipton v. Triplett 1 Met. 570, Court of Appeals of Kentucky (January 29, 1859) 1859 1. Purchaser of slaves sued for the price, who relies upon an express warranty of title, must show an eviction or something equivalent thereto. Where an implied warranty of title is relied upon, he must prove that the vendor's title was defective, and that the slaves belonged to another; a mere deniel of the vendor's title will not make it... Most Relevant Cases  
Tomlinson v. Darnall 2 Head 538, Supreme Court of Tennessee (April 01, 1859) 1859 This action of trespass was brought against the plaintiffs in error to recover damages for an injury done to a slave. The defence relied upon was, that the acts complained of were done in the exercise of the duty of a patrol, by Tomlinson, with the assistance of the others. The slave was found from home without a pass, and attempted to escape, when... Most Relevant Cases  
Trotter v. Dobbs 9 George 198, High Court of Errors and Appeals of Mississippi (October 01, 1859) 1859 1. EVIDENCE: CITIZENSHIP: PROOF OF.-Proof that a free white person has been residing in this State, and keeping house for twelve months, is sufficient to show that he is a citizen of the State, in the absence of all proof tending to show, that he was a mere sojourner or transient person. 2. SAME: PROOF THAT A PARTY IS A FREE WHITE PERSON: CASE IN... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Tucker v. Willis 24 Tex. 247, Supreme Court of Texas (January 01, 1859) 1859 It is contended, that the court erred in admitting the testimony of Willis Hankla and wife, and W. T. and R. B. Gaddie, offered by the intervenor, Jesse Gaddie, in support of his right to the negro, by establishing the loan. The bill of exceptions shows that the testimony of these witnesses was objected to by Tucker, upon the ground that they were... Most Relevant Cases  
Turner v. Thurmond 28 Ga. 174, Supreme Court of Georgia (March 01, 1859) 1859 A gift of a slave, if in writing, signed and sealed by the donor, attested by one subscribing witness, and proved or acknowledged, and recorded within twelve calendar months from its execution, is good against a subsequent purchaser, although he may be a purchaser without actual notice of the gift. Trover, for two negroes, from Henry, county. Henry... Most Relevant Cases  
U.S. v. Amy 24 F.Cas. 792, Circuit Court, D Virginia (May 01, 1859) 1859 The slave Amy, the property of Samuel W. Hairston, of Patrick county, Virginia, was indicted for stealing a letter from the mail at Union Furnace post-office in that county, under section 22 of the act of congress passed March 3, 1825, which provides that, if any person shall steal a letter from the mail, the offender shall, upon conviction, be... Most Relevant Cases  
Van Camp v. Board of Education of Incorporated Village of Logan 9 Ohio St. 406, Supreme Court of Ohio (November 01, 1859) 1859 1. The statute of March 14, 1853, to provide for the reorgnization, supervision, and maintenance of common schools, is a law of classification and not of exclusion, providing for the education of all youths within the prescribed ages, and the words white and colored, as used in said act, are used in their popular and ordinary signification.... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Vance v. Vance 2 Met. 581, Court of Appeals of Kentucky (February 22, 1859) 1859 1. Plaintiffs alleged in their petition that they were in possession of the slave in contest, of which they were the owners, and that she had been unlawfully taken from their possession by the defendant. The latter admitted in his answer that the plaintiffs had the possession of the slave, and that he had taken her from their possession; but denied... Most Relevant Cases  
Vaughan v. Parr 20 Ark. 600, Supreme Court of Arkansas (October 01, 1859) 1859 The will of Mary C. contained a clause as follows: I give and bequeath, for the separate and exclusive use and benefit of Sarah Coor, one negro girl named Jenny, etc., so that the same shall not be subject to the control of her husband, etc.; and it is my will and desire that my executors cause the said property so to be settled that my said... Most Relevant Cases  
Walton v. Hamilton 24 Tex. 216, Supreme Court of Texas (January 01, 1859) 1859 Where a defendant, sued for the hire of the plaintiff's slaves, denies the existence of any contract, between himself and the plaintiff, and claims to have obtained them from a third person, to whom they had been hired by the plaintiff: held, that to constitute this an available defense, he must show a liability to pay that person, rather than the... Most Relevant Cases  
Watson v. State 7 George 593, High Court of Errors and Appeals of Mississippi (April 01, 1859) 1859 1. LARCENY: OBTAINING POSSESSION OF GOODS BY FRAUD, WHEN LARCENY.If a person, by color of legal process or other fraudulent means, obtain possession of goods (though with the consent of the owner), with the felonious intent existing at the time, to deprive the owner of them, and does, in pursuance of such intent, deprive the owner of the... Most Relevant Cases  
Westbrook v. Mitchell 24 Tex. 560, Supreme Court of Texas (January 01, 1859) 1859 Slavery, under the Roman law, might originate in three ways, namely, by birth, when the mother was a slave; by captivity in war; and by the voluntary sale of himself, by a freeman. A few of the slaves in America, it is said, are the descendants of conquered Indians. But the slavery of negroes of African descent, has its origin, in this country,... Most Relevant Cases  
Westbrook v. State 24 Tex. 563, Supreme Court of Texas (January 01, 1859) 1859 The only question in this case, which requires notice, arises upon the action of the court in giving to the jury the instruction asked by the district attorney, modified as it was by the court. The instruction asked by the district attorney, involved the proposition, that a free negro cannot sell himself into slavery. The court gave the... Most Relevant Cases  
White v. Cline 7 Jones (NC) 174, Supreme Court of North Carolina (December 01, 1859) 1859 Where one borrowed of a master certain monies, given by him as a gratuity to his slave, and gave his bond therefor, payable to the master, expressed to be for the use of the slave, it was Held that it was not against public policy to allow the master to recover this money, and that the Court would not enquire what disposition would be made of it.... Most Relevant Cases  
White v. White 3 Head 404, Supreme Court of Tennessee (December 01, 1859) 1859 The original bill in this case was filed on the 31st day of August, 1858, in the Chancery Court at Pulaski, by the brothers and nephews and nieces of A. C. White, deceased; and as his heirs and distributees, against the residuary devisees under his will, to have the said devise, and the accompanying bequest of freedom to the testator's slaves,... Most Relevant Cases  
Whitson v. Gray 3 Head 441, Supreme Court of Tennessee (December 01, 1859) 1859 The question in this case is upon the charge of the court in relation to the measure of damages claimed by the defendant on his plea, in the nature of a cross-action, of fraud in the sale of slaves. On the 17th of January, 1857, Gray sold to Whitson a negro woman slave and her child for $1,550. The bill of sale recites that the woman was about... Most Relevant Cases  
Wilson v. Weston 4 Jones Eq. 349, Supreme Court of North Carolina (June 01, 1859) 1859 There may be in some cases much difficulty in distinguishing between a mortgage and a conditional sale; but there are very decisive evidences of the true character of this transaction. The deed of itself imports prima facie a security, and not a sale--by the proviso for the privilege of redeeming the negroes, which between these parties is... Most Relevant Cases  
Windley v. Gaylord 7 Jones (NC) 55, Supreme Court of North Carolina (December 01, 1859) 1859 The defense set up on the part of the defendant, is full and complete in any aspect in which the case can be viewed. If the widow of the testator sold the slaves in question in her capacity of executrix, as it was found by the jury that she did, it is conceded that the purchaser acquired an absolute title. But the plaintiff contends that she sold... Most Relevant Cases  
Windsor v. McAtee 2 Met. 430, Court of Appeals of Kentucky (December 17, 1859) 1859 A widow administered upon the estate of her deceased husband, and her brother was appointed guardian for his two infant daughters. The estate was large, and consisted of land, slaves, and personal property. The widow married, and her husband (who is now sought to be removed from the guardianship) became guardian for the two infants; after which his... Most Relevant Cases  
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