TitleCitationYearSummaryMost RelevantTypeStatus
Latham v. Bowen 7 Jones (NC) 337, Supreme Court of North Carolina (June 01, 1860) 1860 Registration of a marriage settlement, embracing the slaves of a feme, was Held to be properly made in the county where the feme resided and the slaves were, at the time the instrument was executed. Where a deed of marriage settlement was attested by two subscribing witnesses, and an order of registration was made by a Judge on the oath of one, who... Most Relevant Cases  
Lea v. Brown 5 Jones Eq. 379, Supreme Court of North Carolina (June 01, 1860) 1860 An executor is not chargeable with a sum of money, which the testator had allowed his slave to acquire, and which had been loaned out to an individual, and a note taken from him for the sum, by another individual, payable to such individual, for the benefit of the slave, because the executor had no remedy to collect it either in Law or Equity. It... Most Relevant Cases  
Lemmon v. People 6 E.P. Smith 562, Court of Appeals of New York (January 01, 1860) 1860 The Revised Statutes (tit. 7, ch. 20, part 1, as amended by ch. 247 of 1841), render free every person formerly held as a slave who is introduced into this State by the voluntary act or consent of his master. They have this operation upon slaves not fugitives from service but brought into this State in the course of transit from one slave State to... Most Relevant Cases  
Lemon v. Wright 31 Ga. 317, Supreme Court of Georgia (August 01, 1860) 1860 1. A father sent a slave to his son, by a little boy, the child of that son, in the year 1837, calling no witnesses to the gift, and using no words, at the time, creating a trust, or placing any limitations or conditions upon the gift. The son received the slave, treated her as his own, and paid taxes for her as such, and she was... Most Relevant Cases  
Love v. Brindle 7 Jones (NC) 560, Supreme Court of North Carolina (August 01, 1860) 1860 A note given as the price of a jackass, which was owned and controlled by a slave in this State, although made payable to, and sued for by the master, was Held to be against the policy of the law, and therefore void. THIS was an action of DEBT on a note without seal, tried before HEATH, J., at the Spring Term, 1860, of Haywood Superior Court. The... Most Relevant Cases  
Lynch v. Jackson 31 Ga. 668, Supreme Court of Georgia (November 01, 1860) 1860 Conceding that Susan, the negro in dispute, was given to Adeline Lynch, by Barnard F. Fickling, in trust for his granddaughter, Ellen R. Lynch, and that the trust vested in Edward F. Lynch, the husband of Adeline, and father of Ellen R., which is exceedingly questionable, was the judgment in the former suit between Archibald M. Jackson, executor of... Most Relevant Cases  
Mann v. Waters 30 Ga. 207, Supreme Court of Georgia (March 01, 1860) 1860 1. The evidence in this case is sufficient to support two conclusions, either one of which required the Judge to adjudge the possession of these negroes as he did, to Mrs. Waters. One is, that the negroes being in her possession, were enticed out of it by the defendant into his possession; and the other is, that the negroes having been in her... Most Relevant Cases  
Markley v. Singletary 11 Rich.Eq. 393, Court of Appeals of South Carolina (April 01, 1860) 1860 A father gave, by deed, a negro girl, to his daughter C., for her support, during her natural life, and at her, the said C.'s death, the said negro girl, together with her future issue and increase, shall be the property of the issue of the said C.Held, that C. took an estate for life, with a valid limitation to her issue as... Most Relevant Cases  
Marsh's Adm'r v. Elsworth 37 Ala. 85, Supreme Court of Alabama (June 01, 1860) 1860 [BILL IN EQUITY TO ENFORCE FOREIGN STATUTORY LIEN ON SLAVE.] APPEAL from the Chancery Court of Mobile. Heard before the Hon. WADE KEYES. Most Relevant Cases  
McCloud v. Chiles 41 Tenn. 248, Supreme Court of Tennessee (September 01, 1860) 1860 On the 28th of December, 1850, and 3d of January, 1851, Henry Chiles conveyed certain slaves to Jesse Williams and William Rodgers respectively by bills of sale absolute upon their faces, reserving possession of the slaves, however, during his life. The sole object of these conveyances was to effect the emancipation of said slaves immediately on... Most Relevant Cases  
McCoy v. Jackson 21 Ark. 472, Supreme Court of Arkansas (July 01, 1860) 1860 Micajah B. McCoy brought an action of covenant, in the Phillips circuit court, against Jesse A. Jackson, as administrator of Turner W. Goswick, upon a covenant of warranty of the soundness of a slave, coutaiued in a bill of sale executed to McCoy by Goswick, in his lifetime. The defendant interposed a special plea as follows: actio non, because he... Most Relevant Cases  
McDaniel v. Crabtree 21 Ark. 431, Supreme Court of Arkansas (July 01, 1860) 1860 When this case has been affirmed, determining the slaves in controversy to be the property of the appellant, under the law of possession of five years, 17 Ark. 222; the inquiry of what damages McDaniel had sustained by the injunction, and by the seizure of the negroes, was prosecuted in the court below, and resulted in an assessment, for the amount... Most Relevant Cases  
McDaniel v. Nethercut 8 Jones (NC) 97, Supreme Court of North Carolina (December 01, 1860) 1860 Where a constable, by levy and actual seizure of a slave, had acquired a right to the property for the satisfaction of executions in his hands, and delivered such slave to the jailor of the county for safe-keeping, a refusal of the jailor to re-deliver the said slave, by command of his superior, the sheriff, was Held, in an action of trover by the... Most Relevant Cases  
McFall v. Walker 25 Tex. 327, Supreme Court of Texas (January 01, 1860) 1860 The reservation in a warranty of soundness of a slave, excepting an injury that she received in and about the private parts in consequence of abortion, does not justify the court in the charge to undertake to decide as a matter of legal interpretation of the instrument, that the term injury was used therein in the same sense of... Most Relevant Cases  
McGuire v. Westmoreland 36 Ala. 594, Supreme Court of Alabama (June 01, 1860) 1860 [BILL IN EQUITY FOR PARTITION OF SLAVES.] APPEAL from the Chancery Court of Lauderdale. Heard before the Hon. JOHN FOSTER. Most Relevant Cases  
McKinney v. Burns 31 Ga. 295, Supreme Court of Georgia (August 01, 1860) 1860 Burns, in 1836, placed in the hands of McKinney, his father-in-law, $150 00, to purchase a negro to be settled upon Burns' wife and children-the daughter and grand-children of McKinney. In 1849, Burns bought the one-half of a lot of land, and needing money, he called upon McKinney for the $150 00 which he had never invested in a negro, as he... Most Relevant Cases  
Miles v. Wise , 13 Rich. 9, Court of Appeals of South Carolina (May 01, 1860) 1860 Where one has acquired a good equitable title to slaves through the distributeesthere being no creditorsof an intestate, the former owner of the slaves, upon whose estate no administration had then been granted, equity will restrain one who afterwards takes out letters of administration upon the estate of the intesate, from... Most Relevant Cases  
Milton v. McKarney 31 Mo. 175, Supreme Court of Missouri (October 01, 1860) 1860 1. An emancipation of slaves by will on condition that they will enter under the care of the Colonization Society and emigrate to the American colony in Liberia is a valid act of emancipation. 2. An emancipation of a slave under the twenty-third section of a law respecting slaves, (R. C. 1825, p. 744)--the emancipation... Most Relevant Cases  
Mims v. Sturdevant 36 Ala. 636, Supreme Court of Alabama (June 01, 1860) 1860 [PROCEEDING IN PROBATE COURT TO CHARGE EXECUTOR WITH SLAVE NOT INCLUDED IN INVENTORY.] APPEAL from the Probate Court of Covington. Most Relevant Cases  
Mitchell v. Western & Atlantic R. R. 30 Ga. 22, Supreme Court of Georgia (March 01, 1860) 1860 1. A Railroad Company is liable only for such damages as result from its mismanagement, neglect, or the want of due care and attention. And it is necessary for the plaintiff to show some act that will cast the burden of proof on such Railroad Company. The fact that a negro is run over and injured, while being transported by the Road as a passenger,... Most Relevant Cases  
Molyneaux v. Collier 30 Ga. 731, Supreme Court of Georgia (June 01, 1860) 1860 Several of the grounds taken in the Bill of Exceptions, were waived upon the argument, and, therefore, will not be noticed in the decision. 1. Was Jonathan Davis a competent witness? The Molyneaux execution was levied upon land and negroes as the property of George W. Collier, and claimed by Jonathan Davis. The claim to the negroes was finally... Most Relevant Cases  
Moore v. Clopton 22 Ark. 125, Supreme Court of Arkansas (October 01, 1860) 1860 Where the validity of a contract, made in another State and in violation of the law of that State, is the subject of enquiry in the courts of this State, the decisions of the courts of such State ought to be respected and followed. And so, a note, given in Mississippi for the purchase of slaves, which is void under the decisions of her appellate... Most Relevant Cases  
Mordecai v. Jacobi 12 Rich. 547, Court of Appeals of South Carolina (January 01, 1860) 1860 Where the owner of slaves places them with a broker for sale, the broker is not entitled to commissions unless he makes the sale himself; if the sale be made by the owner, he is not entitled to commissions. Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Morrison v. McNeill 8 Jones (NC) 45, Supreme Court of North Carolina (December 01, 1860) 1860 This Court is of opinion that there was error in the Court below; in holding, there was no evidence to support the affirmative of either of the issues. It may be assumed as a fact, in deciding the matter now before us, that in the latter part of the fall of 1854, Dugald McDugald was the owner of certain slaves, Nancy and her children. Having... Most Relevant Cases  
Muldrow v. Wilmington & M.R. Co. 13 Rich. 69, Court of Appeals of South Carolina (November 01, 1860) 1860 If a slave hired for a term die during the term, the hire must be apportioned, even though his death was caused by the negligence of the hirer. Most Relevant Cases  
Murray v. State 9 Fla. 246, Supreme Court of Florida (January 01, 1860) 1860 1. As a general rule when an indictment is defective on demurrer, advantage may also be taken of the defect on motion in arrest of judgment. 2. The general system of legislation in this State has been to keep up a distinction between the punishments to be inflicted on white persons and slaves for the same violation of the criminal law, and also to... Most Relevant Cases  
Myers v. Williams 5 Jones Eq. 362, Supreme Court of North Carolina (June 01, 1860) 1860 A bequest of slaves to a father, in trust, for the use and benefit of his chilchildren, but the said father is not to be accountable to his children for the proceeds of the labor of said negroes until the said children are 21 years of age, was Held to vest a present, absolute interest in the trust, transmissible on a child's dying in... Most Relevant Cases  
Myrick v. Vineburgh 30 Ga. 161, Supreme Court of Georgia (March 01, 1860) 1860 1. The evil which our Statutes against manumission were intended to prevent is not a reduction of the number of slaves, but an increase of the free negroes within the State--hence, an instrument providing for manumission outside of the State is not within the Statutes. 2. The Supreme Court being a Court of review only, will not hear, in support of... Most Relevant Cases  
Nash v. Milburn 25 Tex. 783, Supreme Court of Texas (January 01, 1860) 1860 This suit was instituted by Mary E. Henderson, joined by her husband, T. H. Henderson, and M. Isabella Nash, and Martha Nash, against the appellee, for the recovery of two negro slaves, which the petition alleged to be the property of the plaintiffs and to be wrongfully and unlawfully held by the defendant. The defendant in the court below answered... Most Relevant Cases  
Newby v. Jackson 7 Jones (NC) 351, Supreme Court of North Carolina (June 01, 1860) 1860 It being admitted that the defendant, about 2 o'clock at night had shot a negro, who was running from him, the fact, that about two hours afterwards, and within three quarters of a mile from the place, a negro of the plaintiff was found, who had been recently badly injured with a gun-shot wound in the back part of his leg, as it seems to us, raised... Most Relevant Cases  
Newsom v. Huey 36 Ala. 37, 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. JOHN GILL SHORTER. Most Relevant Cases  
Northern Cent. Ry. Co. v. Scholl 16 Md. 331, Court of Appeals of Maryland (July 11, 1860) 1860 A ticket-agent of the Northern Central Railway Company, a Maryland corporation, sold a ticket, in Pennsylvania, to a negro, after notice that he was a runaway slave, entitling him to pass over a portion of its road in that State, whereby his escape from service was facilitated. HELD: 1st. That this was a tort for which the master of the slave, a... Most Relevant Cases  
Odom v. Bryan 8 Jones (NC) 211, Supreme Court of North Carolina (December 01, 1860) 1860 If a slave be hired for a year, or any other certain time, for a stipulated price, secured by a bond, the contract will be one executed by both parties, and the owner may recover the full amount of the bond, though he take back the slave before the end of the year, against the will of the hirer, the latter being entitled to sue for and recover... Most Relevant Cases  
Oglesby v. Hall 30 Ga. 386, Supreme Court of Georgia (May 01, 1860) 1860 1. O. permits his wife to sell cakes, &c., on her own account, from the earnings of which she buys a negro, taking the title in her own name, by his consent. She keeps and holds the negro as her separate property, paying the taxes all the time: Held, that the negro vested in the wife as her separate property against her husband, and one claiming... Most Relevant Cases  
Oglesby v. Oglesby 30 Ga. 348, Supreme Court of Georgia (May 01, 1860) 1860 To understand this case as we have decided it, it is necessary that I should state more of the Will than is stated by the Reporter. The 4th item gives to his son Adkins, lands, two male slaves, and perishable property estimated at $3,000, all of which had been received by the legatee. The 5th gives to his five grand-children Elizabeth, a negro... Most Relevant Cases  
O'Halloran v. State 31 Ga. 206, Supreme Court of Georgia (August 01, 1860) 1860 1. The name given to it, in the Bill of Indictment, does not characterize the offence; the disruption characterizes it. 2. It is neither legally or morally wrong for persons to combine to detect an offence. 3. The furnishing of liquor to slaves is a crime which, in its consequences, is one of the most mischievous in the Code. Indictment for a... Most Relevant Cases  
Oliver v. Peck 25 Tex.Supp. 378, Supreme Court of Texas (January 01, 1860) 1860 Where, in a proceeding by garnishment, an issue is made up, and the jury found in accordance with the answer of the garnishee, the court could see no error, and the judgment was affirmed. APPEAL from Freestone. The case was tried before Hon. JOHN GREGG, one of the district judges. This was a proceeding by garnishment against W. L. Moody. The... Most Relevant Cases  
Palmer v. Clarke 31 Ga. 351, Supreme Court of Georgia (August 01, 1860) 1860 1. B. made a deed of gift to a grand-child of a negro girl that belonged at the time to himself, and subsequently sold and delivered the negro to one C.. who bought with notice of the voluntary deed. The negro, many years afterwards, was found in the possession of one P., who purchased and held under G. On the trial of a suit, brought by the... Most Relevant Cases  
Phebe v. Quillin 21 Ark. 490, Supreme Court of Arkansas (July 01, 1860) 1860 On the 27th of September, 1853, Joshua Averett, of Union county, is alleged to have made his last will and testament, in which is the following clause: Item 3d. It is my wish and desire that all my slaves, both in Louisiana and Arkansas, or wheresoever the same may be, should be set free at the expiration of seven years after my death, my... Most Relevant Cases  
Pitts v. Thrower 30 Ga. 212, Supreme Court of Georgia (March 01, 1860) 1860 1. A bill in Equity is filed by B., as the trustee of S. P., a married woman, for the recovery of certain negroes. On the trial, no evidence is offered showing the appointment of a trustee, or the existence of a separate estate in the married woman, neither is the husband made a party. A verdict being had for the complainant, and motion made for... Most Relevant Cases  
Pope v. Jenkins 30 Mo. 528, Supreme Court of Missouri (July 01, 1860) 1860 This suit was commenced March 5, 1856. The facts in evidence sufficiently appear in the opinion of the court. Plaintiff asked the court to instruct the jury as follows: 1. Before the defendant can set up any claim to the negroes, he must show that he is a purchaser from Cyrus Miller, the donor, or from the children, his donees. 2. If the jury find... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Pournell v. Harris 29 Ga. 736, Supreme Court of Georgia (January 01, 1860) 1860 [1.] What interest or title did Jincey Jordan take in the negroes named in the sixth item of the will of James Haily, according to the laws of force in the State of Virginia, where the will was executed, and where the testator resided, and subsequently died in 1795? This is the question that this record presents for the adjudication of this Court;... Most Relevant Cases  
Powell v. State 21 Ark. 509, Supreme Court of Arkansas (July 01, 1860) 1860 Three counts of the indictment in this case were quashed, but the third was held to be good by the circuit court, and charged Powell with employing his slave John in a retail grocery, where ardent spirits were sold in quantities less than a quart. To this count Powell pleaded not guilty, and on trial it was proved by two witnesses, that Powell and... Most Relevant Cases  
Pridgen v. Buchannon 24 Tex. 655, Supreme Court of Texas (January 01, 1860) 1860 In an action by the guardian of a minor, to recover the value of a negro, hired by the defendant for the year, and who died in his service, a charge is erroneous which assumes, in favor of the defendant, that the removal of the slave from the county where hired, to another, to be there employed in picking cotton, in the fall of the year, was... Most Relevant Cases  
Rachels v. Wimbish 31 Ga. 214, Supreme Court of Georgia (August 01, 1860) 1860 The matters in controversy grew out of a construction of the Will of Nathan Truitt, who died in possession of a considerable estate, consisting of lands, one hundred and fifty negroes, and other personal property, all of which he disposed of by his Will. To his wife, Mrs. Elizabeth Truitt, he gave, for life, a tract of land, and fifty negroes to be... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Redmond v. Murray 30 Mo. 570, Supreme Court of Missouri (October 01, 1860) 1860 1. An executory contract entered into by a master with his slave, by which the former agrees to manumit the latter upon the payment of a certain sum of money, is void and incapable of enforcement. 2. Slaves can be emancipated within this state only in the mode prescribed by statute. This was a suit by one Redmond, a man of color, against Edward C.... Most Relevant Cases  
Reeves v. Long 5 Jones Eq. 355, Supreme Court of North Carolina (June 01, 1860) 1860 A provision in a will, allowing a slave to select a master, and fixing his price at five hundred dollars, the slave being between the ages of forty-five and fifty years, is not against the policy of our law. CAUSE removed from the Court of Equity of Orange county. William Baldwin, late of the county aforesaid, died in the month of April, 1859,... Most Relevant Cases  
Riggs v. Swann 6 Jones Eq. 118, Supreme Court of North Carolina (December 01, 1860) 1860 The bill is not filed for the purpose of obtaining specific performance of an agreement to convey the slave, mentioned in the pleadings, but for the purpose of setting up and having enforced, a trust declared in favor of the plaintiffs, by their father, at the time the title was passed to the intestate of the defendant, Swann. The objection, that... Most Relevant Cases  
Roberts v. Westbrook 41 Tenn. 115, Supreme Court of Tennessee (April 01, 1860) 1860 This is, to us, a case of the first impression. The facts, as alleged in the declaration and proved, are as follows:-- Roberts was a constable, and certain executions were placed in his hands, as such, against Westbrook. Roberts levied the executions on a negro girl, as the property of Westbrook. On the day of sale, the slave was struck off to one... Most Relevant Cases  
Robinson v. Bright's Ex'r 3 Met. 30, Court of Appeals of Kentucky (June 09, 1860) 1860 Money which has been paid for a chattel, of no value when sold, and where there is thus a total failure of the consideration upon which the payment was made, can be recovered back. At a sale of a slave by an executor, the fact that one of the legatees was present, and, knowing that the slave was unsound and worthless, concealed his knowledge with... Most Relevant Cases  
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