TitleCitationYearSummaryMost RelevantTypeStatus
Brennan v. O'Driscoll 33 Mo. 372, Supreme Court of Missouri (January 01, 1863) 1863 This is a strange record. The clerk of the court below has consolidated his entries so as to produce great confusion. Brennan sued Bartholomew O'Driscoll by attachment, and a negro slave was seized by the sheriff as the property of Bartholomew O'Driscoll. Bridgett Ann O'Driscoll filed an interplea, claiming the slave. Bartholomew O'Driscoll and his... Most Relevant Cases  
Bruce v. Sims 34 Mo. 246, Supreme Court of Missouri (October 01, 1863) 1863 Under several executions issued by a justice of the peace against one Davis, and delivered to Bruce, who was a constable, a levy was made upon a negro found in the possession of Pullis. Pullis claimed the negro, and the right of property was tried before the constable and decided in favor of Pullis, and thereupon the defendants gave to the... Most Relevant Cases  
Bullard v. Farrar 33 Ga. 620, Supreme Court of Georgia (November 01, 1863) 1863 What is this will? That the estate be kept together for the maintenance and well education of the children of the testator-not that the negroes be kept on the land whereon the testator lived and died. He never mentions either land or negroes, but directs that his estate be kept together, whatever form it might assume. That is, that it be not... Most Relevant Cases  
Case of Shirk 3 Grant 460, Supreme Court of Pennsylvania (January 01, 1863) 1863 A state court or judge thereof has not power to discharge on habeas corpus, from the custody of the provost marshal, an individual arrested for desertion, under the seventh section of the act of Congress of 2d March, 1863. Common Pleas of Centre County. This is a writ of habeas corpus addressed to the sheriff of Centre County, in which he is... Most Relevant Cases  
Crutcher v. Memphis & C.R. Co. 38 Ala. 579, Supreme Court of Alabama (January 01, 1863) 1863 [TROVER FOR CONVERSION OF SLAVE.] APPEAL from the Circuit Court of Madison. Tried before the Hon. S. D. HALE. Most Relevant Cases  
Daniel v. Roper 24 Ark. 131, Supreme Court of Arkansas (June 01, 1863) 1863 The plea of the statute of limitations is admissible in all cases, both in law and equity, where the facts support it; and will not be disallowed on account of any supposed odiousness to it in the particular case. During the pendency of the appellee's suit for freedom, she was a free woman, and might at any time have brought her suit in trover; and... Most Relevant Cases  
Dole v. New England Mut. Marine Ins. Co. 6 Allen 373, Supreme Judicial Court of Massachusetts (January 01, 1863) 1863 A warranty by the insured in a policy of insurance that the vessel shall be free from capture, seizure or detention, includes a capture by a cruiser of the so-called Confederate States. In case of a warranty by the insured in a policy of insurance that the vessel shall be free from capture, seizure or detention, the liability of the insurers is... Most Relevant Cases  
Echols v. Jordan 39 Ala. 24, Supreme Court of Alabama (January 01, 1863) 1863 [BILL IN EQUITY FOR PARTITION OF SLAVES, ACCOUNT, &C.] APPEAL from the Chancery Court of Madison. Heard before the Hon. JOHN FOSTER. Most Relevant Cases  
Elizabeth v. State 27 Tex. 329, Supreme Court of Texas (January 01, 1863) 1863 Quære. Whether the common law rule with reference to the admission in evidence of confessions elicited by promises of threats, when such confessions are corroborated by facts discovered by means of the confessions themselves, is wholly abrogated in prosecutions against slaves by art. 663 of the Code of Criminal Procedure? All material facts are... Most Relevant Cases  
Foster v. State 38 Ala. 425, Supreme Court of Alabama (January 01, 1863) 1863 [INDICTMENT FOR TRADING WITH SLAVE.] ERROR from the Circuit Court of Russell. Tried before the Hon. ROBERT DOUGHERTY. Most Relevant Cases  
Hall v. Howdeshell 33 Mo. 475, Supreme Court of Missouri (March 01, 1863) 1863 John Howdeshell, in his lifetime, was seized of two tracts of land in the county of St. Louis, and had also slaves and other personal property. He executed a will dated on the 27th day of October, 1849, and a codicil thereto dated on the 31st day of December, 1852, which, after his death, were admitted to probate in St. Louis county. The will is as... Most Relevant Cases  
Harvey v. Skipwith 16 Gratt. 410, Supreme Court of Appeals of Virginia (May 13, 1863) (1863) 1863 1. By appearing and pleading to the action, or by taking or consenting to a continuance, the defendant waives all defects in the process and the service thereof. 2. The true function of an ordinary hire bond is not to stipulate for the mode in which the slave is to be employed, but to bind the bailee for the payment of the hire; the execution of a... Most Relevant Cases  
Harvey v. Skipwith 16 Gratt. 393, Supreme Court of Appeals of Virginia (May 13, 1863) (1863) 1863 1. The hirer of a slave puts him to a dangerous employment in violation of the contract of hiring, and the slave is injured. In an action by the owner against the hirer for the injury to the slave, the stating the contract in the count, and the injury as done in violation of the contract, does not prevent the count being in tort. 2. Persons owning... Most Relevant Cases  
In re Hall 1 Mackey 10, Supreme Court, District of Columbia (May 24, 1863) 1863 1. Whether the Act of Congress of February, 1793, and its supplement the Act of 1850 (the Fugitive Slave Act), are in force in this District, quaerethe Court being divided in opinion. 2. Whether the late Circuit Court of the District of Columbia was one of the class of circuit courts established by Congress under the judicial... Most Relevant Cases  
In re Huie 60 N.C. 165, Supreme Court of North Carolina (May 20, 1863) 1863 Habeas Corpus. The facts are: Huie is twenty-nine years of age; is now, and has been since the death of his father, in 1857, the overseer of his mother, who is a widow, and lives on, and owns a plantation in Cabarrus county; and has during that time owned and kept on her plantation more than twenty negroes. She is upwards of sixty years of age, and... Most Relevant Cases  
Johnson v. Blanks 34 Mo. 255, Supreme Court of Missouri (October 01, 1863) 1863 This was an action by Johnson against Blanks, executor of Meyers, to recover damages for the breach of an express warranty of title to an infant slave, which was sold by Meyers to Johnson in 1855, and was afterwards, in 1859, recovered from the latter in an action brought against him for the purpose by one Mary Lewis, who claimed by title paramount... Most Relevant Cases  
Joshua v. Purse 34 Mo. 209, Supreme Court of Missouri (October 01, 1863) 1863 The Act to enable persons held in slavery to sue for their freedom, in its first section, provides that any person held in slavery may petition the Circuit Court, or judge thereof in vacation, for leave to sue as a poor person, in order to establish his right to freedom, and shall state in his petition the ground on which his... Most Relevant Cases  
Kirksey v. Stewart 38 Ala. 692, Supreme Court of Alabama (January 01, 1863) 1863 [BILL IN EQUITY TO ESTABLISH GIFT OF SLAVES AGAINST EXECUTION CREDITORS OF GRANTOR.] APPEAL from the Chancery Court at Tuskaloosa. Heard before the Hon. JAMES B. CLARK. Most Relevant Cases  
Lewis v. Hart 33 Mo. 535, Supreme Court of Missouri (March 01, 1863) 1863 At the September term, 1859, of the St. Louis Circuit Court, plaintiff filed her petition (having previously obtained the consent of the court thereto) alleging that defendant, as administrator of the estate of Lizzie, alias Elizabeth Dickson, deceased, claimed her and her son George, a minor, as slaves of said estate. The petitioner further... Most Relevant Cases  
Miller v. Miller 1 Duv. 8, Court of Appeals of Kentucky (December 17, 1863) 1863 Washington Miller died, leaving property, consisting of land, slaves and personalty, worth about $20,000; leaving a widow, by whom he had no children, and four heirs, namely, his children, Harriet, Washington and Isaac, and his grandson, Augustus M. Bell; and leaving the following will, written by himself: First. I give to my son Isaac, in... Most Relevant Cases  
Millsaps v. McLean 60 N.C. 80, Supreme Court of North Carolina (June 01, 1863) 1863 Where one, by will, gave all his slaves, equally to be divided among his four children, and afterwards, by deed of gift, gave two of them, by name, to one of his children, there is no rule of law preventing the donee of the two from coming in for an equal share of the residue. Where, on a petition for the partition of slaves, the County Court... Most Relevant Cases  
Nuckolls v. Pinkston 38 Ala. 615, Supreme Court of Alabama (January 01, 1863) 1863 [DETINUE FOR SLAVES, AGAINST SHERIFF.] APPEAL from the Circuit Court of Montgomery. Tried before the Hon. JOHN GILL SHORTER. Most Relevant Cases  
Shaw v. Commonwealth 1 Duv. 1, Court of Appeals of Kentucky (December 11, 1863) 1863 The appellants, among other things, relied upon in their answer, deny that the proceedings, as exhibited in the record, are sufficient to authorize a judgment against them, and deny that the slave Aleck, for whose appearance in court they undertook, was legally arrested, or was in custody at the time the bail bond was executed. Their answer was... Most Relevant Cases  
Sims v. Smith 6 Jones Eq. 347, Supreme Court of North Carolina (June 01, 1863) 1863 The only question presented for our consideration, depends upon the proper construction of the following clause of the will of Joseph M. Smith: I give the following negroes to my son, Joseph N. M. Smith's five children, now living, viz: Sally Ann Smith, Martha Smith, Benjamin Smith, Abner Smith and Joseph Moseby Smith, when the youngest arrives to... Most Relevant Cases  
Skillman v. Muir's Adm'r 4 Met. 282, Court of Appeals of Kentucky (June 30, 1863) 1863 This was an action upon a covenant by which the appellants agreed to pay $105 for the hire of a slave, and to furnish him winter and summer clothing, and a blanket. The petition alleges that no part of the hire had been paid, and that the defendant had failed to clothe said slave properly, or to furnish him a blanket, and that the clothes said... Most Relevant Cases  
Smith v. Denny 34 Mo. 219, Supreme Court of Missouri (October 01, 1863) 1863 The petition states, that, in 1842, Rachel Denny, by deed, conveyed to John Denny, as trustee, two slaves; that in said deed it was stipulated that Mary Smith should have the actual use, management and control of the said slaves as long as she should live, and that said slaves should descend to the children of the said Mary Smith, at her death to... Most Relevant Cases  
Tyson v. Rogers 33 Ga. 473, Supreme Court of Georgia (March 01, 1863) 1863 1. In the absence of any authority by Congress necessity will not authorize the impressment of slaves by the military authorities for hospital purposes, such as for cooks and nurses, etc., especially when the army regulations provide that men may be detailed from enlisted men or volunteers for that purpose. Possessory warrant, in Whitfield Superior... Most Relevant Cases  
Whitman v. Revels 39 Ala. 121, Supreme Court of Alabama (June 01, 1863) 1863 [DETINUE FOR SLAVES.] APPEAL from the Circuit Court of Perry. Tried before the Hon. PORTER KING. Most Relevant Cases  
Wilson v. State 38 Ala. 411, Supreme Court of Alabama (January 01, 1863) 1863 [INDICTMENT FOR PERSUADING SLAVE TO LEAVE MASTER'S SERVICE.] FROM the Circuit Court of Dallas. Tried before the Hon. JOHN T. HEFLIN. Most Relevant Cases  
Winn v. Martin 4 Met. 231, Court of Appeals of Kentucky (June 03, 1863) 1863 1. A testator, in 1837, provided that any of his slaves, at specified periods and at certain ages, wishing to be free, should be delivered to the colonization society, to be transported to Liberia. None of them are to be forced to go. Those that do not go to Liberia are to continue to serve, etc., until they are willing and do go.... Most Relevant Cases  
Alexander v. Helber 35 Mo. 334, Supreme Court of Missouri (October 01, 1864) 1864 This was a suit to recover damages for the unlawful seizure and sale of a negro boy. The defendant attempted to justify his acts upon the ground that he was marshal and exofficio collector of the town of Farmington, and acted in performance of his duty as such collector, as the means of collecting a tax which the plaintiff owed that town. It... Most Relevant Cases  
Allen v. Shortridge 1 Duv. 34, Court of Appeals of Kentucky (January 22, 1864) 1864 1. The slave of a married woman cannot be sold, except in the mode prescribed for the conveyance of her lands. (Sec. 2, art. 2, chap. 47, Rev. Stat.; 17 B. Mon., 118.) 2. The certificate of the clerk, showing that the married woman acknowledged the deed, and when acknowledged, is evidence that her acknowledgment had been taken in the prescribed... Most Relevant Cases  
Allen v. Whitaker 34 Ga. 6, Supreme Court of Georgia (November 01, 1864) 1864 The only question in this case depends upon the construction to be given to the 11th item of William Allen's will, which item is as follows: I give and bequeath to my beloved grand-daughter, Alvira A. C. Allen, one negro girl Mary and her increase, at the death of my wife, or when she marries or becomes twenty-one years of age, to her and her... Most Relevant Cases  
Blake v. Page 1 Win. 255, Supreme Court of North Carolina (June 01, 1864) 1864 The controversy in this case arises upon the construction of the following clause in the will of Dempsey Blake, deceased: I give and bequeath to my daughter Anne, my negro woman Sarah, to her and her heirs of her own body forever, and if none, to return after her death to the rest of my children equally. The question is, whether the limitation... Most Relevant Cases  
Branch v. Goddin 2 Win. 105, Supreme Court of North Carolina (December 01, 1864) 1864 One who has made a gift of slaves, void by the act of 1806, (Rev. Code, ch. 50, sect. 12) cannot be estopped to assert his title by any act in pais. Nor is he estopped by the record of a partition of the slaves by a suit, some of the parties to which, being infants, and his wards, sue by him as their guardian. The cases of Alston vs. Hamlin, 2 Dev.... Most Relevant Cases  
Braswell v. Downs 11 Fla. 62, Supreme Court of Florida (January 01, 1864) 1864 1. The acceptance of a trust by the trustee named in the deed, is not essential to its validity. 2. The mere possession of slavery by the cestui que trust, if consistent with the objects of the trust, is no evidence of the merger of the equitable estate. 3. Where a life estate in slaves is given to one and remainder to her children, naming them,... Most Relevant Cases  
Brookin v. Brookin 34 Ga. 42, Supreme Court of Georgia (November 01, 1864) 1864 The husband makes the following post-nuptial deed to his wife: I hereby give, convey, and settle upon my wife, Josephine, the following negroes: (naming them.) I do further settle and convey, in manner and form aforesaid, upon my said wife, the house and lot upon which I now live, with two hundred acres of land, and all my... Most Relevant Cases  
Caldwell v. Pickens' Adm'r 39 Ala. 514, Supreme Court of Alabama (June 01, 1864) 1864 [BILL IN EQUITY BY WIFE, AGAINST PURCHASER AT EXECUTION SALE AGAINST HUSBAND, FOR RECOVERY OF SLAVES, ACCOUNT OF HIRE, &C.] APPEAL from the Chancery Court of Dallas. Heard before the Hon. JAMES B. CLARK. Most Relevant Cases  
CASE OF REV. SAMUEL HARRISON. 11 U.S. Op. Atty. Gen. 37 (April 23, 1864) 1864   Most Relevant Administrative Decisions & Guidance  
Casey v. Robards 2 Win. 38, Supreme Court of North Carolina (December 01, 1864) 1864 Free negroes are compellable to render the services required of them by the act of Congress, of 17th February, 1864. If a free negro sells his services for a valuable consideration, by deed, for ninety-nine years, he does not thereby cease to be a free man. The case of Philips vs. Murphy, 4 Jones, 45, cited and approved. This was an appeal from the... Most Relevant Cases  
Clarkson v. Clarkson's Adm'r 1 Duv. 268, Court of Appeals of Kentucky (December 21, 1864) 1864 The administrator of J. W. Clarkson, deceased, brought one suit against Baker as the bailee of the widow Polly Clarkson, to recover a life estate in a slave girl; also, another suit against the widow to recover the life estate in four other slaves. The jury found a verdict for the plaintiff in each case, both being tried together, and assessed the... Most Relevant Cases  
Gates v. McManus 33 Ga.Supp. 67, Supreme Court of Georgia (March 01, 1864) 1864 If a citizen, being enrolled as a conscript, applies for a detail on the ground that he is the manager of two plantations on which there is a large number of slaves, and the detail is refused, he is not estopped by such application from afterwards claiming exemption from military service as a skilled mechanic, habitually working for the puplic.... Most Relevant Cases  
Goodman v. Boren 1 Duv. 187, Court of Appeals of Kentucky (September 23, 1864) 1864 Article 2, chapter 86, of the Revised Statutes (2 Stanton, 303), has not been modified by any other enactment; and a proceeding to sell, on account of indivisibility, a slave or slaves belonging to joint tenants, should be conformable with the provisions of that article. None of the provisions of article 5, of the same chapter, prescribing the mode... Most Relevant Cases  
Hanby v. Logan 1 Duv. 242, Court of Appeals of Kentucky (December 08, 1864) 1864 Cyrenius Wait sold to John M. Hanby two small tracts of land in Pulaski county, to be conveyed to the use of said Hanby's wife and children. The only consideration of the sale was a claim Hanby assumed to have to a slave in Patrick county, Virginia. Wait refused to make the conveyance as promised by the executory contract of sale. The alleged... Most Relevant Cases  
Harrel v. Harrel 1 Duv. 203, Court of Appeals of Kentucky (September 28, 1864) 1864 1. Gross inequality in the dispositions made by a will, where no reason for it is suggested in the will itself, requires satisfactory evidence that it was the free and deliberate offspring of a rational, self-poised, and clearly disposing mind. 2. See the opinion for the facts showing incapacity on the part of the testator, and the undue influence... Most Relevant Cases  
Harris v. Hearne 2 Win. 92, Supreme Court of North Carolina (December 01, 1864) 1864 We concur with His Honor in the opinion that the executory bequest to Aaron Almond of the slaves, in the event that the first taker, Susannah Almond, should die childless, on the happening of the event, vested absolutely in Aaron, and was not defeated by the fact that he did not remove back to this country. The wish of the testator that, should... Most Relevant Cases  
Hayden v. Stone 1 Duv. 396, Court of Appeals of Kentucky (April 04, 1864) 1864 In the year 1835, Alexander Kirkpatrick died intestate and out of debt, leaving a widow and three infant children, his homestead of about fifty acres of land in Bourbon county, and personal property appraised at $1,355.55, including a female slave Lucy, appraised at $500; and, consequently, the other movables amounted to $855.55, of which the widow... Most Relevant Cases  
Holt v. Bowman 33 Ga.Supp. 129, Supreme Court of Georgia (March 01, 1864) 1864 Testator, by the twelfth item of his will, devised and bequeathed to his daughter, J. E. H., certain negroes, and a half interest in certain lands, and then directed that all of said property should be vested and given in proper and legal manner, to his said daughter, and to her children, free from the debts or disposition of her then or any future... Most Relevant Cases  
Kendrick v. Taylor 27 Tex. 695, Supreme Court of Texas (January 01, 1864) 1864 A verbal sale, exchange or gift of personal property by a husband to his wife, if made in good faith, with a well defined intention and purpose, and free from coercion, importunity, or other undue influence, is valid as against subsequent creditors of the husband, and no written acknowledgment of such a gift is necessary. But such transactions... Most Relevant Cases  
Lewis v. Castleman 27 Tex. 407, Supreme Court of Texas (January 01, 1864) 1864 Early in 1840, A., with the intent to defraud his creditors, executed a conveyance of slaves to B., who then had them in possession under hire; which conveyance was never recorded. Soon thereafter, B. executed to the minor daughtor of A., who resided with A., a deed of gift of the slaves, and delivered possession of them to A. for his said... Most Relevant Cases  
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