| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Anderson v. Smith |
3 Met. 491, Court of Appeals of Kentucky (December 13, 1861) |
1861 |
Where an infant died without issue and intestate, in 1829 (his father being dead), his slaves passed to his mother, brothers, and sisters. Husband, whose marriage took place in 1830, became entitled, upon the death of the wife in 1857, by survivorship or as administrator, to her interest in remainder or reversion in slaves descended to her in 1829.... |
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| Armstrong v. Marmaduke |
31 Mo. 327, Supreme Court of Missouri (January 01, 1861) |
1861 |
1. Under the statute (R. C. 1855, p. 645, ยง 37,) the owner of a slave can not be made liable for the loss of property belonging to plaintiff, where the offence charged against the slave was the burning of the barn, in which the property of the plaintiff was at the time. (Affirming Stratton v. Harriman, 24 Mo. 324.) Error to La Fayette Circuit... |
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| Arnold v. Booth |
14 Wis. 180, Supreme Court of Wisconsin (June 01, 1861) |
1861 |
In an action brought in the district court of the United States for the district of Wisconsin, by a citizen of another state against a citizen of this state, to recover a penalty for a violation of the act of Congress commonly known as the Fugitive Slave Law, the question whether that act was constiutional was a question going to the existence of... |
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| Bell v. Bell's Adm'r |
37 Ala. 536, Supreme Court of Alabama (June 01, 1861) |
1861 |
[DETINUE FOR SLAVES, BY WIFE'S, AGAINST HUSBAND'S ADMINISTRATOR.] APPEAL from the Circuit Court of Wilcox. Tried before the Hon. JOHN K. HENRY. |
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| Ben v. State |
37 Ala. 103, Supreme Court of Alabama (January 01, 1861) |
1861 |
[INDICTMENT AGAINST SLAVE FOR MURDER OF ANOTHER SLAVE.] FROM the Circuit Court of Baldwin. Tried before the Hon. C. W. RAPIER. |
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| Black v. Black |
38 Ala. 111, Supreme Court of Alabama (June 01, 1861) |
1861 |
[BILL IN EQUITY FOR PARTITION OF SLAVES.] APPEAL from the Chancery Court of Tallapoosa. Heard before the Hon. JAMES B. CLARK. |
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| Bragg v. Massie's Adm'r |
38 Ala. 89, Supreme Court of Alabama (June 01, 1861) |
1861 |
[DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Greene. Tried before the Hon. WM. S. MUDD. |
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| Cecil v. Clarke |
17 Md. 508, Court of Appeals of Maryland (October 29, 1861) |
1861 |
Letters testamentary or of administration are necessary for the transmission of title to a legatee, and on an issue of freedom vel non., the will manumitting the negro is insufficient to establish the freedom, without the production of letters testamentary or of administration. But in an action for malicious prosecution, in causing the plaintiff to... |
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| Cecil v. Rose |
17 Md. 92, Court of Appeals of Maryland (March 26, 1861) |
1861 |
A testator died in 1821, leaving a will, bequeathing a negro girl, Rose, to his wife, whom he appointed his executrix. The wife died in 1831, leaving a will, by which she bequeathed the same negro to her daughter, to serve for seven years and then to be free. No administration was granted upon the estate of the testator or testatrix till 1857, when... |
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| Chadoin v. Carter |
12 B.Mon. 383, Court of Appeals of Kentucky (December 09, 1861) |
1861 |
Gifts. Slaves. Possession. APPEAL FROM THE GREEN CIRCUIT. The case stated. ANDREW CHADOIN, senior, in his lifetime executed and delivered to each of his three sons, Thomas G., John W., and Andrew Chadoin, instruments in writing, dated 2d day of September, 1845, of which the following is a copy: For and in consideration of $300, I have this... |
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| Chase v. Plummer |
17 Md. 165, Court of Appeals of Maryland (April 01, 1861) |
1861 |
A testator gave and devised all his estate, real and personal, to his sister, and the heirs of her body, lawfully begotten, and in case she died without such issue, then all his said estate, except his slaves, over, and then added: it is my wish and desire, in case my said sister die without issue, that she shall will... |
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| Clinkinbeard v. Clinkinbeard |
3 Met. 330, Court of Appeals of Kentucky (January 21, 1861) |
1861 |
The power of the county court to appoint and remove guardians and curators of minors, who are free persons of color, can not be questioned under the statute concerning guardians and wards. The guardian of two free children of color hired them out, deeming it best for the interest of the wards. The mother, a free woman of color, sued the guardian... |
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| Coate v. Coate's Adm'r |
37 Ala. 695, Supreme Court of Alabama (June 01, 1861) |
1861 |
[TROVER FOR CONVERSION OF SLAVES.] APPEAL from the Circuit Court of Clark. Tried before the Hon. JOHN K. HENRY. |
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| Coker v. Pitts |
37 Ala. 692, Supreme Court of Alabama (June 01, 1861) |
1861 |
[SALE OF SLAVES BY PROBATE COURT FOR PARTITION.] APPEAL from the Probate Court of Tallapoosa. |
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| Coltart v. Laughinghouse |
38 Ala. 190, Supreme Court of Alabama (June 01, 1861) |
1861 |
[DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Madison. Tried before the Hon. S. D. HALE. |
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| Connor v. Trawick |
37 Ala. 289, Supreme Court of Alabama (January 01, 1861) |
1861 |
[DETINUE FOR SLAVE.] APPEAL from the Circuit Court of Marengo. Tried before the Hon. C. W. RAPIER. |
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| Cox v. Britt |
22 Ark. 567, Supreme Court of Arkansas (January 01, 1861) |
1861 |
On the 13th November, 1841, Sarah Walker, then living in North Carolina, and being the owner of certain negro slaves, made a will by which, as is insisted for the appellants, she devised said siaves to her daughter, Nancy Johnson-then the wife of Larkin Johnson-for life, with remainder to the children of the said Nancy. After the decease of Mrs.... |
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| Cox v. Harris |
17 Md. 23, Court of Appeals of Maryland (March 01, 1861) |
1861 |
A testator, by his will, executed and admitted to probate in 1857, devised and bequeathed that five of his negro slaves, whom he names, shall work for themselves, by paying my executors, annually, one cent per year hire, and by a residuary clause he devised the balance of his property, real, personal and... |
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| Curtis v. Daniel |
23 Ark. 362, Supreme Court of Arkansas (May 01, 1861) |
1861 |
Adverse possession of slaves, under a verbal gift void by statute, for the period of limitation, confers title upon the possessor, and bars a recovery by an adverse claimant. (Spencer v. McDonald, 22 Ark.) The possession contemplated by the statute (Gould's Dig., p. 1026), must be a peaceable possession, adverse or hostile to the true owner; and... |
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| Daniel v. Guy |
23 Ark. 50, Supreme Court of Arkansas (January 01, 1861) |
1861 |
In a suit for freedom, where the leading matter in controversy was, whether the plaintiffs belonged to the white or negro race, and they were introduced for the inspection of the jury, it was not improper for the court to permit them to pull off their shoes and stockings and exhibit their bare feet to the jury, in order that they might observe... |
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| Denton v. Griffith |
17 Md. 301, Court of Appeals of Maryland (October 03, 1861) |
1861 |
To a bill of sale or mortgage, conveying certain slaves in consideration of the sum of $1500, in hand paid by the grantee to the grantor, the grantee, in his affidavit thereto, states that the grantor stands justly indebted to him in the sum of $1500, clear of all deductions. HELD: That this conveyance is void as against creditors, under the... |
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| Denton's Guardians v. Denton's Ex'rs |
17 Md. 403, Court of Appeals of Maryland (October 29, 1861) |
1861 |
A marriage settlement or deed conveyed certain negro slaves, belonging to the intended wife, to a trustee, to hold the same to the use of husband and wife during their joint natural lives, and after the death of either, to the use of such person or persons, and for such intents and purposes as the wife, by deed or will, shall direct, limit, or... |
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| Divine v. Bullock |
3 Met. 418, Court of Appeals of Kentucky (June 11, 1861) |
1861 |
The only question is, whether or not the appellant was the sole owner of the slave, John. In 1837, the father of appellant's wife conveyed John to her, until her son, James Wight, should attain the age of 21 years, and then to the said James Wight. According to the agreed facts James Wight became of age in 1840; in 1839 or 1840 he left the State of... |
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| Earle v. Couch |
3 Met. 450, Court of Appeals of Kentucky (October 30, 1861) |
1861 |
On the 4th day of July, 1840, James Armstrong, in consideration of one dollar to him in hand paid by John Q. Thompson, of love and affection for his daughter, Mary F. Couch, and for other good and sufficient consideration thereunto moving from James D. Couch (as the deed recites it), conveyed to said Thompson a female slave, Esther, and her two... |
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| Evans v. State |
33 Ga. 1, Supreme Court of Georgia (June 01, 1861) |
1861 |
1. Under the laws of this State, a free person of color, indicted for murder, may be legally convicted of voluntary manslaughter. Motion in arrest of judgment, decided by Judge WILLIAM C. PERKINS, at the April Term, 1861, of Miller Superior Court. At the April Term, 1860, of the Superior Court of Miller county, the grand jury found and returned a... |
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| Ex parte Merry |
26 Tex. 23, Supreme Court of Texas (January 01, 1861) |
1861 |
The joint resolution of June 5, 1837, and the act of the congress of the republic of December 12, 1840, conferred the privilege of residing within the state only upon such free persons of color as resided in Texas on the day of the declaration of independence, and upon their issue, born of parents who lived together as man and wife, in the manner... |
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| Foster v. Holly |
38 Ala. 76, Supreme Court of Alabama (June 01, 1861) |
1861 |
[ACTION TO RECOVER DAMAGES FOR LOSS OF SLAVE.] APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. |
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| Fountain v. Bryce |
12 Rich.Eq. 234, Court of Appeals of South Carolina (May 01, 1861) |
1861 |
An unrecorded, informal instrument held to be a mortgage of slaves, and not a sale with an agreement to repurchase by a given time, and a purchaser without notice, who had not paid the purchase-money, ordered to deliver up the slaves to the mortgagor. |
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| Frank v. State |
10 George 705, High Court of Errors and Appeals of Mississippi (October 01, 1861) |
1861 |
1. CONFESSIONS: MUST BE VOLUNTARY: CASE IN JUDGMENT.The fact that another slave was whipped, in the hearing of the accused, in relation to matters connected with the offence with which the accused is charged, does not make a confession, soon afterwards made by the accused, otherwise than free and voluntary; for, it not... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Gill v. Strozier |
32 Ga. 688, Supreme Court of Georgia (June 01, 1861) |
1861 |
1. The presumption that the law raises in favor of a gift when a son-in-law is permitted to take negroes home with him after his marriage, by the father-in-law, and to retain possession until his death, claiming and exercising acts of ownership, must be regarded as conclusive, unless clear and satisfactory proof is made that a gift was not... |
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| Gimon v. Baldwin |
38 Ala. 60, Supreme Court of Alabama (June 01, 1861) |
1861 |
[TROVER FOR CONVERSION OF SLAVE.] APPEAL from the City Court of Mobile. Tried before the Hon. ALEX. MCKINSTRY. |
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| Gimon v. Terrell |
38 Ala. 208, Supreme Court of Alabama (June 01, 1861) |
1861 |
[TROVER FOR CONVERSION OF SLAVE.] APPEAL from the Circuit Court of Monroe. Tried before the Hon. C. W. RAPIER. |
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| Graham v. Roark |
23 Ark. 19, Supreme Court of Arkansas (January 01, 1861) |
1861 |
The owner of slaves is responsible for the trespass of his slaves, in cutting down and destroying the growing crop of another, and in throwing down and carrying away the rails with which his lands are fenced, though such trespass be committed in his absence, and by the order of his overseer. No question is presented to this court upon the admission... |
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| Hackett v. Green |
32 Ga. 512, Supreme Court of Georgia (March 01, 1861) |
1861 |
Executions having been levied by a constable on a negro, as the property of the defendant, were by him placed in the hands of the sheriff of Fulton county for sale. The levy was advertised for sale on the first Tuesday in August, 1860. The sheriff did not offer the property for sale on that day, and afterwards a claim was interposed for the... |
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| Haden v. North Carolina R. Co. |
8 Jones (NC) 362, Supreme Court of North Carolina (June 01, 1861) |
1861 |
Where a hired slave was taken ill with typhoid fever, and the hirer, not knowing the nature of the disease, sent him on the railroad cars, in pleasant weather, forty miles, to a place deemed more favorable to the patient, where he remained one day in proper hands without a physician's being called in, and was then sent off three miles further to... |
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| Haralson v. Walker |
23 Ark. 415, Supreme Court of Arkansas (May 01, 1861) |
1861 |
In an action on a bond to deliver a negro or pay the value, on a specified contingency, a plea that, beforo the happening of the contingency, the negro died, is a good answer to the declaration. Appeal from Prairie Circuit Court. Hon. John J. Clendenin, Circuit Judge. The plaintiffs, appellees here, and Haralson, the appellant, had demands against... |
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| Harrell v. Davis |
8 Jones (NC) 359, Supreme Court of North Carolina (June 01, 1861) |
1861 |
A deed of gift of slaves, made in 1823, to a married woman, for her natural life, and after her death, to the heirs lawfully begotten of her body, passes the absolute property in such slaves to her husband. ACTION of TROVER, tried before OSBORNE, J., at the Spring Term, 1861, of Greene Superior Court. The action was brought for the conversion of... |
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| Hedrick v. Wagoner |
8 Jones (NC) 360, Supreme Court of North Carolina (June 01, 1861) |
1861 |
Where a parent put a slave into the possession of his child, with an intention to make it an advancement, but afterwards changed his mind and took it back, it was held that the law implied no obligation on the part of the parent to pay for keeping, feeding and clothing the slave. ACTION of ASSUMPSIT, tried before HOWARD, J., at the last Spring Term... |
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| Henry v. Fine |
23 Ark. 417, Supreme Court of Arkansas (May 01, 1861) |
1861 |
On the 15th of January, 1856, John Brandon executed a bill of sale of a negro boy, Joseph, for the expressed consideration of seven hundred dellars, and in March, 1858, the possession was in Fine, according to the title, when Henry, as the administrator of Brandon, brought this suit, in which, by writ of replevin he acquired possession of the boy.... |
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| Henry v. Graves |
16 Gratt. 244, Supreme Court of Appeals of Virginia (April 16, 1861) |
1861 |
(Absent LEE J.) A husband in the lifetime of his wife, makes an absolute gift of his wife's remainder in slaves, by deed which is recorded after her death, and he survives both the wife and the life tenant. The gift is valid and effectual against him, though before possession is obtained by the donees he dissents from it. In 1837 Azariah Graves, by... |
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| Henry v. Harbison |
23 Ark. 25, Supreme Court of Arkansas (January 01, 1861) |
1861 |
Where a father-in-law, upon or after the marriage of a daughter, sends slaves home with her, which are permitted to remain, free from his own control or claim, a gift of the slaves sent is presumed to have been intended by the father to his daughter, unless the contrary is established by proof. Where a demand and refusal to deliver the property in... |
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| Hooper v. Goodwin |
48 Me. 79, Supreme Judicial Court of Maine (January 01, 1861) |
1861 |
An officer de facto is one, who executes the duties of an office under some color of right, some pretence of title, either by election or appointment. The acts of an officer de facto are valid when they concern the public or the rights of third persons, and cannot be indirectly called in question, in a suit to which such officer is not a party. It... |
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| Hull v. Deatly's Adm'r |
7 Bush 687, Court of Appeals of Kentucky (January 18, 1861) |
1861 |
These cases arise upon the same record, are in most respects similar, and will therefore be considered together. Conceding that the weight of evidence in regard to the right of property in the slaves in contest and the character of holding by Barrick Prather, deceased, favors the conclusion of the chancellor below--a point by no means clear, and... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Humphries v. Dawson |
38 Ala. 199, Supreme Court of Alabama (June 01, 1861) |
1861 |
[DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Chambers. Tried before the Hon. ROBERT DOUGHERTY. |
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| In re Opinion of the Justices |
41 N.H. 553, Superior Court of Judicature of New Hampshire (January 01, 1861) |
1861 |
The constitutionality of the act entitled An act to securefreedom and the rights of citizenship to persons in this State,passed June 26, 1857, affirmed. Resolved, That the Justices of the Supreme Judicial Court be requested to submit to this House, as soon as may be practicable, their opinion upon the constitutionality of an act... |
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| Jack v. Doran's Ex'rs |
37 Ala. 265, Supreme Court of Alabama (January 01, 1861) |
1861 |
[STATUTORY SUIT FOR FREEDOM.] APPEAL from the Circuit Court of Jackson. The record does not show the name of the presiding judge. |
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| Jack v. State |
26 Tex. 1, Supreme Court of Texas (January 01, 1861) |
1861 |
Upon a trial for murder, the jury, having returned a verdict of guilty, were asked by the court whether the verdict was their verdict, and one of the jurors replied that he did not think the negro ought to be hanged or punished with death. Held, that the juror having assented to the verdict, and the penalty being... |
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| Jemison v. Smith |
37 Ala. 185, Supreme Court of Alabama (January 01, 1861) |
1861 |
[DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Sumter. Tried before the Hon. WILLIAM S. MUDD. |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Johnson v. Hines |
31 Ga. 720, Supreme Court of Georgia (January 01, 1861) |
1861 |
1. A husband and father in the possession of slaves, executed an instrument under seal, upon consideration of natural love and affection to his wife for life, and after her death to her children, using these words, I. B. J. do give, grant and convey. (certain slaves by name.) In the next clause these words occur, To have and to... |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
| Kaye v. Tydings |
3 Met. 527, Court of Appeals of Kentucky (January 10, 1861) |
1861 |
Charles Binns, of Loudon county, Virginia, died in December, 1800, leaving a last will, which was duly admitted to probate in said county and State in July, 1801. By the 10th clause of said will the testator gives to his son, Charles Binns-- subject to certain uses thereinafter named--a negro woman called Rachel, daughter of Sarah, and also a negro... |
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