TitleCitationYearSummaryMost RelevantTypeStatus
Rutherford v. Newson 30 Ga. 728, Supreme Court of Georgia (June 01, 1860) 1860 If one, as agent for another, sell and warrant a negro as sound, and afterwards bring suit on the note given for the negro against the purchaser in his own name, he cannot be an innocent purchaser of the note, without notice of the consideration, and if the negro be unsound at the time, and afterwards die of such unsoundness, that is a good defence... Most Relevant Cases  
Rutledge v. Montgomery 30 Ga. 899, Supreme Court of Georgia (June 01, 1860) 1860 Dr. Turner being the original owner of the negroes, by delivering them to his daughter's husband soon after her marriage, without using any words to negative the idea of a gift, passed a good title to the son-in-law, unless he had previously divested his own title by the deed. We think the deed is invalid for want of delivery. It is said there was... Most Relevant Cases  
Sanders v. Devereux 25 Tex.Supp. 1, Supreme Court of Texas (January 01, 1860) 1860 A slave is denied the right of private property; and a contract of sale made by him, of property as his own, and not as that of his owner, nor made by him as his owner's agent, is void. Such a contract, although accompanied by delivery of the property, and made with the knowledge and permission of his master or mistress, does not afford the basis... Most Relevant Cases  
Shuttleworth v. State 35 Ala. 415, Supreme Court of Alabama (January 01, 1860) 1860 [INDICTMENT FOR TRADING WITH SLAVE.] FROM the Circuit Court of Bibb. Tried before the Hon. PORTER KING. Most Relevant Cases  
Sims v. Goodwyn 31 Ga. 267, Supreme Court of Georgia (August 01, 1860) 1860 Where a Judgment at Law is had in an action of Trover, for negroes, by one who has not the true title, and afterwards administration is taken upon the estate of a deceased person in whom is the true title, and both the plaintiff and defendant, in first suit, arewithout the subject of the suitunable to respond to a recovery, a Court in... Most Relevant Cases  
Sleight v. Watson 8 Jones (NC) 10, Supreme Court of North Carolina (December 01, 1860) 1860 The letter of the defendant sent to John B. Golett, under date of 26th of December, 1855, was a general letter of credit in behalf of Phelps and Golett for any slaves they might think proper to hire for the year 1856. It is similar to a well-understood commercial paper, whereby the person who gives it, is bound to each and every one who may trade... Most Relevant Cases  
Smith v. Bell 30 Ga. 919, Supreme Court of Georgia (June 01, 1860) 1860 MCINTOSH, 3d February, 1855. MR. TENDERSON SMITH, ESQ.SIR: If Henry Weaver should purchase any of the negroes of Langford's estate, I expect to stand his security if he desires it, and will be taken; and I shall not be present on your sale day, but will attend to it at any time. Yours respectfully,' [Signed] SAMPSON BELL.... Most Relevant Cases  
Smith v. Hutchings 30 Mo. 380, Supreme Court of Missouri (July 01, 1860) 1860 In the year 1846, John S. Bright, then living in Mercer county, Kentucky, executed a deed conveying, together with other property, a slave named Fanny to Harold F. Smith, also a resident of Kentucky, in trust for the wife and children of the said Bright. The said slave was to be held by said trustee for the use and benefit of the said wife and... Most Relevant Cases  
Smith v. Woods 41 Tenn. 535, Supreme Court of Tennessee (December 01, 1860) 1860 The plaintiffs are the heirs at law and next of kin of E. Howard, deceased. By a proceeding in the County Court of Montgomery, which seems to have been regular, certain real estate and one slave, the property of the estate of said Howard, were decreed to be sold, on the petition of the heirs and next of kin, at the December session, 1858, of said... Most Relevant Cases  
Southern Pac. R. Co. v. Dial 25 Tex. 681, Supreme Court of Texas (January 01, 1860) 1860 Where the plaintiff assigned as the breach of an agreement sued on that the defendant failed and refused to inform the plaintiff of the sickness of the negro who was hired by the defendant from him, and failed to send the negro to the plaintiff when he was sick; and that the defendant neglected and ill-treated the negro during his sickness, by... Most Relevant Cases  
Spence v. Holman 30 Ga. 646, Supreme Court of Georgia (June 01, 1860) 1860 1. In an action for recovery of negroes under the Act of December 27th, 1847, the Jury returned a verdict for the specific property sued for: Held, That the verdict in that form of action was a proper finding. 2. It is not error in the Court to grant a rule ni si for a new trial. Motion to recover Negroes, in Randolph Superior Court. Richard H.... Most Relevant Cases  
State v. Alford 22 Ark. 386, Supreme Court of Arkansas (October 01, 1860) 1860 The presumption of slavery which attaches to the negro race in a suit for freedom, does not exist in a criminal proceeding where different grades of punishment attach to the offense charged, according as the criminal may be a free man or a slave. In order to justify sentence against a negro as a slave in cases in which the law makes a distinction... Most Relevant Cases  
State v. Benit 15 La.Ann. 406, Supreme Court of Louisiana (June 01, 1860) 1860 The relator prays for a mandamus to compel the allowance of an appeal from a conviction in the Recorder's Court, for selling liquor to a slave without the consent of his owner. Fine of $500 imposed. The answer of the Recorder denies the right to appeal in this case, because there was no question of law presented by the record, and the petition for... Most Relevant Cases  
State v. Blair 13 Rich. 93, Court of Appeals of South Carolina (December 01, 1860) 1860 On an indictment charging a riot as having been committed by defendant with three of his slaves named and others of his slaves unknown, a conviction, on proof that the riot was committed by defendant in combination with several of his slaves, but one of those named being proved to have been present, will be good. A charge that some of the rioters... Most Relevant Cases  
State v. City of Charleston 12 Rich. 480, Court of Appeals of South Carolina (January 01, 1860) 1860 An ordinance providing a Court for the trial of free persons of color, for violations of city ordinances, is not unlawful. Most Relevant Cases  
State v. Elrod , 11 Rich.Eq. 527, Court of Appeals of South Carolina (May 01, 1860) 1860 As to distillers, vendors and retailers of spirituous liquors, the Act of 1834, 7 Stat., 469, repeals the Act of 1817, 7 Stat., 454, as to illicit traffic with slaves. Where the punishment of an offenceas, for instance, retailing spirits without a licenseis fine or imprisonment, in the alternative, the prosecution will be barred under... Most Relevant Cases  
State v. Norman 8 Jones (NC) 220, Supreme Court of North Carolina (December 01, 1860) 1860 One to whom a free negro is hired by a court, for the payment of a fine, (Rev. Code, ch. 107, sec. 75) has no right to beat him for an unlawful object, or of malice. THIS is an indictment for ASSAULT AND BATTERY, tried before DICK, J., at the Spring Term, 1860, of Washington Superior Court. The offense is alleged to have been committed on the body... Most Relevant Cases  
State v. Peter 8 Jones (NC) 19, Supreme Court of North Carolina (December 01, 1860) 1860 The inference arising against the truth of a charge of rape, from a long silence on the part of the female, is not a presumption amounting to a rule of law, but is a matter of fact, to be passed on by the jury. The word, person, in the 5th section of the 34 ch. of the Revised Code, (punishing rape) includes slaves, free negroes and... Most Relevant Cases  
State v. Shwartz 25 Tex. 765, Supreme Court of Texas (January 01, 1860) 1860 The indictment was found 9th of September, 1859, and charged that the defendant, then and there (9th of August, 1859, in Harrison county), did sell to a negro, a slave, name unknown to the grand jury, a quantity of intoxicating liquors, without the written consent of master, mistress, overseer, or employer, of said negro slave... Most Relevant Cases  
Stenhouse v. Bonum & Houston 12 Rich. 620, Court of Appeals of South Carolina (April 01, 1860) 1860 A judgment against a slave is null and void, and will, on motion, be set aside. And if there be two defendants to the judgment, and it be void as to one because he is a slave, it is void as to both, and will be set aside altogether. Most Relevant Cases  
Strozier v. Carroll 31 Ga. 557, Supreme Court of Georgia (November 01, 1860) 1860 This is an action to recover damages, alleged to have resulted from a breach of a warranty of soundness on the sale of a slave, who afterwards proved to be unsound. The case turns upon the fact of warranty. There was none in writing, and but one witness testifies to this point. This witness testified three times in the case-twice by depositions... Most Relevant Cases  
Tally's Ex'rs v. Smith 41 Tenn. 290, Supreme Court of Tennessee (September 01, 1860) 1860 This bill was filed by Dudley Tally, who died shortly afterwards, and the cause was revived in the name of his executors. The object of the bill is to set aside a bill of sale dated the 3d of November, 1853, executed by the said Tally to the defendant, Smith, for seven slaves, upon the ground that the execution of said bill of sale was obtained by... Most Relevant Cases  
Tatum v. Mohr 21 Ark. 349, Supreme Court of Arkansas (July 01, 1860) 1860 This was an action of assumpsit brought by Mohr against Tatum, in the Union circuit court, for breach of a contract warranting a slave to be sound. The substance of the contract, as alleged in the declaration, is that on the 28th of January, 1856, the parties made an exchange of slaves. That plaintiff gave the defendant a slave named Alfred worth... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Taylor v. McMurray 5 Jones Eq. 357, Supreme Court of North Carolina (June 01, 1860) 1860 Relief in this case is barred by the statute of limitations, and we deem it unnecessary, therefore, to consider or discuss the merits of the complaint. The complaint is based upon a false warranty, contained in a bill of sale for slaves between the parties, not under seal, entered into 28th July, 1854. Its falsity was discovered within seven weeks... Most Relevant Cases  
Tharp v. Anderson 31 Ga. 293, Supreme Court of Georgia (August 01, 1860) 1860 The defendant, against the consent of the plaintiff, employed a negro man belonging to the plaintiff, to cut timber for him. While so engaged, the negro received an injury from the fall of a tree, from which the negro, after being returned to the plaintiff, died. Held, for this defendant is liable, in Trover, for the negro. Trover, in Heard... Most Relevant Cases  
Thrash v. Hardy 31 Ga. 203, Supreme Court of Georgia (August 01, 1860) 1860 The 5th and 6th items of Testator's Will are: 5th, I give to my son-in-law, John Thrash, the sum of five dollars, and no more, of my estate, both real and personal, for his full share. 6th. I Will that my beloved daughter, Mary B. Thrash, that she shall keep the negroes she has now in her possession, for her only use, and for the use of the... Most Relevant Cases  
Tucker v. Stites 10 George 196, High Court of Errors and Appeals of Mississippi (October 01, 1860) 1860 1. WILLS: WORDS IN: CONSTRUED IN THEIR PLAIN, NATURAL SENSE.-In construing wills, words of disposition are to be interpreted in their plain, natural sense, unless a different intention be manifested by the context. 2. SAME: SAME: CASE IN JUDGMENT.-The testator gave a slave to H. until her death, and after her death to M. and E., then infant... Most Relevant Cases  
U.S. v. Buck 4 Phila. 161, District Court, ED Pennsylvania (January 01, 1860) 1860 This was an indictment against Jeremiah Buck for an attempt to rescue from the custody of the marshal a fugitive slave. Most Relevant Cases  
U.S. v. Gould 8 Am. Law Reg. 525, District Court, SD Alabama (January 01, 1860) 1860 Mr. Gould is indicted under the 7th section of the act of congress of April 20, 1818 [3 Stat. 450], prohibiting the foreign slave trade. There are three counts in the indictment. The first count charges, that Horatio N. Gould, late of said district, heretofore, to wit, on the first day of March, A. D. eighteen hundred and fifty-nine, at... Most Relevant Cases  
U.S. v. the Isla De Cuba 2 Spr. 26, District Court, D Massachusetts (March 01, 1860) 1860 This was an information against the bark for having been fitted out, and caused to be sent to procure negroes from one foreign country to be transported to another foreign country, there to be held or otherwise disposed of. The libel was brought under the act of 1818, c. 91 (3 Stat. 450). George W. Ray claimed as mortgagee, and I. S. Correa as... Most Relevant Cases  
Vigel v. Naylor 65 U.S. 208, Supreme Court of the United States (December 01, 1860) 1860 THIS case was brought up by writ of error from the Circuit Court of the United States for the District of Columbia. It was a petition for freedom filed by Susan Vigel, under the circumstances which are stated in the opinion of the court. On a petition for freedom, the petitioner proved that one Kirby had emancipated all his slaves by will; some... Most Relevant Cases  
Wade v. Powell 31 Ga. 1, Supreme Court of Georgia (August 01, 1860) 1860 The defendant accepted the trust for complainant of thirty negroes, by a deed from her father settling the negroes to her separate use for life, and at her death to her children. The husband of complainant afterwards sold and conveyed to defendant seven slaves, absolutely, at the price of $2,000. Defendant, also, advanced to one R. M. $3,100 and... Most Relevant Cases  
Walden v. McDonald 30 Ga. 542, Supreme Court of Georgia (June 01, 1860) 1860 1. A plaintiff in Trover cannot enforce a judgment for the value of a slave which he had in his possession at the time of the recovery, nor for his hire during the time that he held said slave previously. In such a case, Equity would interpose and restrain the proceeding. In Equity, from Lee Superior Court. The plaintiff in error, Walden, filed his... Most Relevant Cases  
Walker v. Gregory 36 Ala. 180, Supreme Court of Alabama (January 01, 1860) 1860 [DETINUE FOR SLAVES AND OTHER PERSONAL PROPERTY.] APPEAL from the Circuit Court of St. Clair. Tried before the Hon. WM. S. MUDD. Most Relevant Cases  
Walters v. Whitlock 9 Fla. 86, Supreme Court of Florida (January 01, 1860) 1860 1. A trasfer of personal property, including choses in action, rights and credits, valid were made, will be recognized by our courts, provided it be not contrary to good morals nor repugnant to the policy and positive institutions of the State. 2. There are no laws in Florida prohibiting a citizen of another State from a free disposal of his... Most Relevant Cases  
Waters v. Barton 41 Tenn. 450, Supreme Court of Tennessee (December 01, 1860) 1860 The complainant, Elizabeth, is the only child of David A. Barton, who died in Texas, in December, 1844, leaving the complainant his only distributee, then an infant of above eleven months old. This bill was filed originally in the name of her next friend, to recover two slaves, named Henry and Mack, claimed to have been the property of said D. A.... Most Relevant Cases  
Watkins v. Bailey 21 Ark. 274, Supreme Court of Arkansas (May 01, 1860) 1860 Where a person hires a slave for a year, he is under obligation to supply the slave's necessary wants during the period of the hiring; and in the event of his sickness, to call in a physician, if necessary; and, in the absence of an express contract between him and the owner, to pay the physician's bill. But if there be an express contract between... Most Relevant Cases  
Weathers v. Barksdale 30 Ga. 888, Supreme Court of Georgia (June 01, 1860) 1860 This was a controversy between Barksdale, the father-in-law, and Weathers, the son-in-law, whether the latter took certain negroes from the former as a gift or a loan? The Jury found for the father-in-law, and the Judge who tried the cause refused to grant a new trial; and it is to reverse this judgment that this writ of error is brought. 1. The... Most Relevant Cases  
White v. Smith 12 Rich. 595, Court of Appeals of South Carolina (April 01, 1860) 1860 An action on the case for negligence occasioning the loss or destruction of a slave, hired by plaintiff to a copartnership, may be maintained against one of the members of the firm, without joining the other partners. One partner sued separately may be made responsible for the negligent act of an agent of the copartnership. Where a hired slave is... Most Relevant Cases  
Wigg v. Simonton 12 Rich. 583, Court of Appeals of South Carolina (April 01, 1860) 1860 The plaintiff lodged his two slaves in the work-house, and proceedings being about to be instituted to determine their right to freedom, the defendant, as attorney at law, wrote to the master of the work-house that plaintiff's authority was disputed, and warned him not to deliver the slaves to the plaintiff. Held: that plaintiff had no right of... Most Relevant Cases  
Williams v. Fambro 30 Ga. 232, Supreme Court of Georgia (March 01, 1860) 1860 1. In action to recover damages for the killing of a slave, the defendant may give evidence of the slave's character for turbulence and insubordination, for the purpose of aiding the probability of his theory of defense that the slave was killed in an act of insubordination, and also for the purpose of mitigating the damages; but the evidence must... Most Relevant Cases  
Williams v. McConico 36 Ala. 22, Supreme Court of Alabama (January 01, 1860) 1860 [DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Sumter. Tried before the Hon. PORTER KING. Most Relevant Cases  
Williams v. Thweatt 12 Rich. 478, Court of Appeals of South Carolina (January 01, 1860) 1860 The governor offered a reward for the apprehension and delivery to jail of a fugitive slave. A. apprehended him and delivered him to a constable, who obtained a warrant and committed him to jail:Held, that A. was entitled to the reward, and might recover it from the constable, who had received it from the governor. Most Relevant Cases  
Willis v. Jolliffee 11 Rich.Eq. 447, Court of Appeals of South Carolina, 13 Rich. 37, Court of Appeals of South Carolina (May 01, 1860) 1860 In 1854 E. W. executed his will, by which he directed his executors to take his slaves Amy and her seven children, to Ohio, and there emancipate them; and the rest of his estate, real and personal, he devised and bequeathed to his executors in trust, for Amy and her children. In 1855, E. W. left this State for Ohio, taking with him Amy and her... Most Relevant Cases  
Withers v. Coyles 36 Ala. 320, Supreme Court of Alabama (June 01, 1860) 1860 [ACTION BY MASTER, AGAINST MUNICIPAL MAGISTRATE, FOR FALSE IMPRISONMENT OF SLAVE.] APPEAL from the Circuit Court of Mobile. Tried before the Hon. C. W. RAPIER. Most Relevant Cases  
Womack v. White 30 Ga. 696, Supreme Court of Georgia (June 01, 1860) 1860 1. E. D., a feme covert, who was entitled to a life-estate in certain negroes, the remainder to her children at her death, filed a bill against the trustee for account of hire and profits, and for his removal and the appointment of a new trustee, in which a decree was rendered. Four years afterwards, in the Court in which the decree was rendered,... Most Relevant Cases  
Wood v. Fowler 37 Ala. 55, Supreme Court of Alabama (June 01, 1860) 1860 [ACTION ON NOTE GIVEN FOR PURCHASE-MONEY OF SLAVE.] APPEAL from the Circuit Court of Wilcox. Tried before the Hon. NAT. COOK. Most Relevant Cases  
Zembrod v. State 25 Tex. 519, Supreme Court of Texas (January 01, 1860) 1860 The appellant may be guilty of a capital offense as charged. The testimony of the witnesses upon the subject of his insanity, as presented in the record before us, is of a character to induce the belief that it is not a case in which the proof is evident or presumption great. O. & W. Dig. 14; Carter v. The State, 12 Tex. 504; Com. v. Rogers, 7... Most Relevant Cases  
Aaron v. State 37 Ala. 106, Supreme Court of Alabama (January 01, 1861) 1861 [INDICTMENT AGAINST SLAVE FOR MURDER OF WHITE PERSON.] From the Circuit Court of Mobile, on change of venue from Baldwin. Tried before the Hon. C. W. RAPIER. Most Relevant Cases  
Adams v. McMichael 37 Ala. 432, Supreme Court of Alabama (January 01, 1861) 1861 [DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Butler. Tried before the Hon. NAT. COOK. Most Relevant Cases  
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