Title | Citation | Year | Summary | Most Relevant | Type | Status |
Eure v. Parker |
7 Jones (NC) 424, Supreme Court of North Carolina (June 01, 1860) |
1860 |
A deed of trust, conveying slaves, to secure the payment of debts, with the usual power to make sale, not having a subscribing witness, is, according to Rev. Code, chap. 50, sec. 13, inoperative and void. ACTION of TROVER, tried before DICK, J., at the last Spring Term of Gates Superior Court. The plaintiff offered in evidence, as part of his... |
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Fondren v. Durfee |
10 George 324, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. EVIDENCE: DECLARATION OF SLAVE AS TO HIS DISEASE.The declaration of a slave made, whilst laboring under a disease, to his master, that he was sick, and had a pain in his chest, is admissible in evidence in a suit by the master against the vendor of the slave for a false warranty of soundness. Such declarations are not... |
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Forbes v. Dunham |
24 Tex. 611, Supreme Court of Texas (January 01, 1860) |
1860 |
The principle decided in De Blane v. Lynch, 23 Tex. 25, that crops grown upon the land of the wife, by the labor of her slaves, are the common property of the husband and wife, and subject to an execution upon a judgment against the husband, re-affirmed. ERROR from Lavaca. Tried below before the Hon. Fielding Jones. This was a suit for the trial of... |
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Ford v. Porter |
11 Rich.Eq. 238, Court of Appeals of South Carolina (January 01, 1860) |
1860 |
A bequest of slaves to four legatees, and the survivors and survivor of them,with a request that they will extend to the said slaves all the indulgence, privilege and consideration which the law will allow them, in the character of owners, to extend to them, is not void under the third section of the Act of 1841. A... |
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Gannaway v. Tarpley |
41 Tenn. 572, Supreme Court of Tennessee (December 01, 1860) |
1860 |
This is a contest between the complainants and their father, James A. Tarpley, who died after the filing of the bill, as to the title to a negro slave, Amy; and her ten children. The father claims the slaves as his absolute and several property; and his children insist that they are entitled as joint owners under the will of their grandfather,... |
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Garnett v. Cowles |
10 George 60, High Court of Errors and Appeals of Mississippi (February 01, 1860) |
1860 |
1. WILLS: EMANCIPATION: ACT OF 1842 ON THIS SUBJECT CONSTRUED.By the 11th section of the Act of 1842, Hutch. Dig. p. 539, a bequest of slaves for the purpose of emancipation, either here or elsewhere, is void, whenever such purpose is shown, either on the face of the will or by extrinsic evidence, to have existed on the part of the testator,... |
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Garrott v. Fuller |
36 Ala. 179, Supreme Court of Alabama (January 01, 1860) |
1860 |
[DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Perry. The record does not show the name of the presiding judge. |
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Gill v. Wilkinson |
30 Ga. 760, Supreme Court of Georgia (June 01, 1860) |
1860 |
If a Sheriff permit a negro, he has in possession under levy, to go at large, and such negro escapes, the Sheriff cannot re-imburse himself for the costs and expenses of recaption out of the proceeds of the sale. Rule against Sheriff, from Lee County. James W. Wilkinson, being the plaintiff in a fi. fa. against James W. Cross for the principal sum... |
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Gilliam v. Love |
30 Ga. 864, Supreme Court of Georgia (June 01, 1860) |
1860 |
In an action for trespass, in beating the plaintiff and tearing down his house, evidence that the defendant declared, while committing the trespass, that he was doing it because the plaintiff traded with his negroes, is proper evidence to go in mitigation of damages. Trespass, from Dougherty Superior Court. This was an action brought by John Love... |
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Glass v. Cook |
30 Ga. 133, Supreme Court of Georgia (March 01, 1860) |
1860 |
We concur with the Court, that the bill of sale made by Cook, the executor, creates no personal liability upon him, and that the only ground of defense to the note given for the boy Lawrence is, the fraudulent representation as to his soundness. The proof was conclusive as to the diseased condition of the negro, at the time of the sale and... |
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Goode v. Longmire |
35 Ala. 668, Supreme Court of Alabama (January 01, 1860) |
1860 |
[TRIAL OF RIGHT OF PROPERTY IN SLAVES.] APPEAL from the Circuit Court of Monroe. Tried before the Hon. C. W. RAPIER. |
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Gover v. Owings |
16 Md. 91, Court of Appeals of Maryland (June 12, 1860) |
1860 |
By a marriage settlement, not creating a trustee for the wife, it was covenanted that the estate of the wife should be reserved to her, free from the control, and liability for the debts, of the husband, and the wife had power to direct the manner in which it should be invested and appropriated, and for such purposes as she might think fit. A part... |
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Gowan's Adm'r v. Gowan |
30 Mo. 472, Supreme Court of Missouri (July 01, 1860) |
1860 |
This was an action for the possession of a female slave named Sylvia and her three children. The suit was commenced November 18, 1857. The defendant, Rebecca Gowan, in her answer denies the right of the plaintiff to the possession, and sets up the statute of limitations. The testimony adduced in support of the issues is set forth in the opinion of... |
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Gray's Adm'rs v. Cruise |
36 Ala. 559, Supreme Court of Alabama (June 01, 1860) |
1860 |
[DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Talladega. Tried before the Hon. NAT. COOK. |
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Green v. Goodall |
41 Tenn. 404, Supreme Court of Tennessee (December 01, 1860) |
1860 |
This is a bill quia timet, to secure to complainants certain slaves to which they allege they are entitled in remainder, to take effect in possession after the death of defendant Sarah, the wife of the other defendant, John T. Goodall. They claim the said slaves under a deed executed by the said Sarah while she was a feme sole, and previous to her... |
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Griffin v. Tripp |
8 Jones (NC) 64, Supreme Court of North Carolina (December 01, 1860) |
1860 |
A debtor in embarrassed circumstances cannot divest himself, as against his creditors, of the title to any portion of his estate by a voluntary conveyance. To make the transfer valid against creditors, it must be bona fide and for a valuable consideration. If a debtor executes a bill of sale for a slave and admits therein the receipt of the... |
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Griggs v. Daniel |
30 Ga. 500, Supreme Court of Georgia (January 01, 1860) |
1860 |
1. On a bill filed for the recovery of a negro, and the only evidence of title relied on by complainant was a deed from one Tinly, reciting on its face that he had conveyed said negro previously to another person: Held, That the plaintiff had no right to recover, and the bill was properly ordered to be dismissed. Decision by Judge WORRILL, at... |
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Guilford v. Hicks |
36 Ala. 95, Supreme Court of Alabama (January 01, 1860) |
1860 |
[PETITION FOR HABEAS CORPUS ON BEHALF OF PERSON HELD AS SLAVE.] APPEAL from the Probate Court of Henry. |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
Hall v. Chapman's Adm'rs |
35 Ala. 553, Supreme Court of Alabama (January 01, 1860) |
1860 |
[DETINUE FOR SLAVE, BY ADMINISTRATOR DE BONIS NON, AGAINST PURCHASER FROM ADMINISTRATOR IN CHIEF.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK. |
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Hamilton v. Bredeman |
12 Rich. 464, Court of Appeals of South Carolina (January 01, 1860) |
1860 |
B. gave to A. his promissory note and mortgaged to him a slave to secure the payment. A. sued B. on the note, recovered judgment, and issued a ca. sa., under which B., having been arrested, applied for the benefit of the Insolvent Debtors' Act. Pending B.'s application, the slave was sold as his property, under a junior fi. fa., and thereupon A.... |
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Hammond v. Candler |
30 Ga. 275, Supreme Court of Georgia (May 01, 1860) |
1860 |
1. All conveyances and contrivances for carrying a slave out of Georgia and bringing him back as a free man, to be added to the free-negro population of the State, are void; and the status of the negro remains just what it was before the first step in the process was taken. 2. A slave cannot acquire freedom in this State by lapse of time. Escheat... |
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Harrington v. State |
36 Ala. 236, Supreme Court of Alabama (June 01, 1860) |
1860 |
[INDICTMENT FOR FURNISHING LIQUOR TO SLAVE.] FROM the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. |
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Harrison v. State |
9 Fla. 156, Supreme Court of Florida (January 01, 1860) |
1860 |
An indictment under the act in relation to trading with slaves, approved January 24, 1851, which charges the defendant with buying and receiving grain from a slave, whose name is to the jurors unknown, but avers the name of the owner of the slave and charges the offence to have been committed on a day certain; held sufficient, without... |
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Hawkins v. King |
30 Ga. 909, Supreme Court of Georgia (June 01, 1860) |
1860 |
There can be no deduction from the agreed price of a negro on account of unsoundness, when the negro was sold without either a warranty or representation of soundness. In Webster Superior Court. This was an action of Assumpsit by King against Hawkins, on a promissory note for $450, dated 7th January, 1856, payable 25th December thereafter to... |
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Henderson v. Adams |
35 Ala. 723, Supreme Court of Alabama (January 01, 1860) |
1860 |
[DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Butler. Tried before the Hon. NAT. COOK. |
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Henderson v. Crouse |
7 Jones (NC) 623, Supreme Court of North Carolina (August 01, 1860) |
1860 |
Three exceptions were taken on the trial below, to the ruling of the Court, no one of which, we think, is sustainable. Declarations of a slave that he is suffering from pain and disease are admissible according to a well established rule in this State. They have been assimilated to the natural cries of distress which proceed from animals when in... |
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Hines v. Perry |
25 Tex. 443, Supreme Court of Texas (January 01, 1860) |
1860 |
In order to charge a party with notice of the fact that the vendor was not the owner of, but held the slave purchased from him in trust for others, it is not essential that the information conveyed to such party, and relied upon as constituting such notice, should point out the records or persons from whom the title to the negro could be... |
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Hobbs v. Davis |
30 Ga. 423, Supreme Court of Georgia (January 01, 1860) |
1860 |
1. Where there is a conflict of testimony as to the terms of a contract, and the witnesses are equally credible, neither being present when the contract proven by the other was made, it may be reconciled by supposing that in the course of the negotiation the terms were changed; and in that event, the last should be enforced. 2. When a negro is... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Hook v. Stovall, Dunn & Co. |
30 Ga. 418, Supreme Court of Georgia (January 01, 1860) |
1860 |
1. In a suit for the price of a negro sold and warranted to be sound, if the proof shows that there was unsoundness at the time of the sale, the verdict must make some deduction from the agreed price, whether the negro in the unsound state was worth more than the agreed price or not. 2. The proper measure of damage in such a case, is the difference... |
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Hoover v. Wells |
10 George 445, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. HUSBAND AND WIFE: HUSBAND'S INTEREST IN SLAVES OF WIFE HELD UNDER ACT OF 1839.-It is well settled in this court that the husband is entitled to the possession and usufruct of slaves held by his wife under the Married Woman's Act of 1839 during his life, and that after his death they go to the surviving children. Cameron v. Cameron, 29 Miss. R.... |
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Howard v. Coleman |
36 Ala. 721, Supreme Court of Alabama (June 01, 1860) |
1860 |
[ACTION BY OWNER, AGAINST HIRER OF SLAVE, FOR NEGLIGENCE.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK. |
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Hughes v. Allen |
31 Ga. 483, Supreme Court of Georgia (November 01, 1860) |
1860 |
The tenth item of John Allen's Will, manumitting certain slaves therein named, having been declared void, the only question in this case is, whether the said slaves therein specified go to Booth's children, as residuary legatees under the twelfth item of the Will, or to the heirs at Law of the testator? In the main, we fully recognize the positions... |
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Hunt v. White |
24 Tex. 643, Supreme Court of Texas (January 01, 1860) |
1860 |
There cannot be, in this state, an implied manumission of a slave, in any of the modes known to the civil law, or the laws of those states where manumission may be effected without the observance of any legal formalities, and where there is no restriction upon the exercise of the power of manumission. The bequest of property to a slave, cannot... |
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Ingram v. Mitchell |
30 Ga. 547, Supreme Court of Georgia (January 01, 1860) |
1860 |
I do not think it altogether certain that Mr. Ingram either violated the Act 1770, (Prince, 780,) which inflicts a penalty of £200 upon any one who conceals and carries off a slave accused of a capital crime, so that he cannot be brought to trial and condign punishment, or has committed an act against the public justice of the county. True, he... |
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Jeff v. State |
10 George 593, High Court of Errors and Appeals of Mississippi (October 01, 1860) |
1860 |
1. MASTER AND SERVANT: SPECIFIC INTENT TO KILL THE GIST OF THE OFFENCE UNDER THE REV. CODE, 248, ART. 59.Under the statute (Rev. Code, Art. 59, p. 248) which provides for the punishment of a slave who shall commit an assault and battery on his master, employer, &c., with intent to kill, the specific intent to kill is the gist of the offence;... |
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Johnson v. Gorman |
30 Ga. 612, Supreme Court of Georgia (June 01, 1860) |
1860 |
1. When an overseer comes to the house of his employer drunk, the employer is justifiable in refusing to turn over into his hands his plantation and property. 2. If an overseer demands additional stipulations to his original agreement, to the effect that the employer is to divest himself of all control and authority over his negroes, the owner is... |
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Johnson v. Jeffries |
30 Mo. 423, Supreme Court of Missouri (July 01, 1860) |
1860 |
The facts sufficiently appear in the opinion of the court. I. The court erred in excluding from the jury the deed from Bartlett to plaintiff. As between the parties to the deed, it is valid, although not acknowledged or proved, as the law requires to make it good against third persons. The defendant does not claim that he is the owner of the slave,... |
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Johnson v. Johnson |
41 Tenn. 626, Supreme Court of Tennessee (December 01, 1860) |
1860 |
This is rather a novel case in all its features. The original bill was filed in the names of the complainant Mary T. Johnson (as wife of the defendant, John Johnson) and her three children, the issue of a former marriage. It is in the nature of a bill quia timet, to restrain the defendant from removing or disposing of certain slaves, named therein,... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Johnson v. Lovett |
31 Ga. 187, Supreme Court of Georgia (August 01, 1860) |
1860 |
This was an action of Trespass brought by the owner of a female slave, to recover damages of the defendant, for the unlawfull beating of said slave. The defence was that there was sufficient provocation given to justify the whipping. The Jury rendered a verdict for the defendant. A new trial was asked and refused; and this is the error assigned for... |
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Johnson v. Peterson |
6 Jones Eq. 12, Supreme Court of North Carolina (December 01, 1860) |
1860 |
A conveyance, by a woman, after a marriage engagement, and upon the eve of its solemnization, is a fraud upon the rights of the intended husband and will not be upheld, unless it appear clearly and unequivocally, that the husband had full knowledge of the transaction and freely assented to it. Where a woman, being under an engagement to marry,... |
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Johnson v. Town of Norwich |
29 Conn. 407, Supreme Court of Errors of Connecticut (October 01, 1860) |
1860 |
A quadroon, or person having one-fourth negro blood, is a person of color, within the meaning of the act (Rev. Stat., tit. 55, § 6,) which exempts from taxation the property of persons of color. Assumpsit, brought by the plaintiff as executor of R. I. Stoddard, to recover the amount of two taxes laid in the life time of... |
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Jones v. Fort |
36 Ala. 449, Supreme Court of Alabama (June 01, 1860) |
1860 |
[ACTION TO RECOVER DAMAGES FOR LOSS OF SLAVE ACCIDENTALLY KILLED.] APPEAL from the Circuit Court of Dallas. Tried before the Hon. NAT. COOK. |
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Joyner v. Conyers |
6 Jones Eq. 78, Supreme Court of North Carolina (December 01, 1860) |
1860 |
When this cause was under the consideration of the Court at December Term, 1859, the sale by the executrix, Polly Richards, of the girl slaves, Lucy and Peggy, and the buying them back again, in a short time afterwards, was of so suspicious a character, that an account was ordered of the assets of the estate, that we might see whether the sale was... |
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Kellar v. Bate |
3 Met. 130, Court of Appeals of Kentucky (September 27, 1860) |
1860 |
If medical aid be rendered a slave in a case of necessity, which does not admit of a previous application to the master, and to which he can not be presumed to have assented, because ignorant of the facts, the person rendering the service would be entitled to compensation from the master upon the implied promise to pay, resulting from his duty to... |
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Kelly v. Cunningham |
36 Ala. 78, Supreme Court of Alabama (January 01, 1860) |
1860 |
[ACTION FOR BREACH OF WARRANTY OF SOUNDNESS OF SLAVE.] APPEAL from the Circuit Court of Randolph. Tried before the Hon. NAT. COOK. |
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Kingston v. State |
25 Tex.Supp. 166, Supreme Court of Texas (January 01, 1860) |
1860 |
In a prosecution for buying chickens from a slave, it was necessary for the state to prove that the purchase was without the written consent of the owner, etc. The offense did not consist in buying from the slave, but in buying without the written permission required by the statute. In such an indictment, under the repealed statute and the code, it... |
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Kirk v. York |
41 Tenn. 446, Supreme Court of Tennessee (December 01, 1860) |
1860 |
This was an action of trover for the wrongful conversion of a slave hired by York and wife, to Kirk, for the year 1856. The plaintiff recovered judgment for $1,000, which, from the proof, was the full value of the slave. The title to the slave, by the will of Charles Puckett (father of Mrs. York), was in Mrs. York for life, with remainder to her... |
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Kirkpatrick v. Bank of Augusta |
30 Ga. 465, Supreme Court of Georgia (January 01, 1860) |
1860 |
The lien given for negro hire, for negroes employed in steamboats and other water craft on certain Rivers in this State, does not extend to the Savannah river. 3. A mortgage given to the Bank of Augusta was foreclosed upon the affidavit of John Bones, as President of the Bank of Augusta, instead of as President of the Corporation, viz: The... |
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Koonce v. Perry |
8 Jones (NC) 58, Supreme Court of North Carolina (December 01, 1860) |
1860 |
There was no error on the trial of this case below, of which the appellant can justly complain. Of the instruction given in the alternative, that the father took possession of the negroes as his own, the appellee might have complained, for as the case is presented to us, there was no evidence upon which such instruction could have been based. The... |
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Lane v. Washington & Burdick |
8 Jones (NC) 248, Supreme Court of North Carolina (December 01, 1860) |
1860 |
Where a plaintiff declared upon a special contract to provide slaves, hired to work upon a railroad, with good accomodations, also on the implied contract of bailment to provide them with ordinary accommodations, it was held that the lodging of the slaves, in the dead of winter, in huts built of poles and railroad sills, without door shutters, and... |
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