| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| McCeney v. Duvall |
21 Md. 166, Court of Appeals of Maryland (March 04, 1864) |
1864 |
This was an action instituted in the Circuit Court for Anne Arundel County, by the appellee against the appellant, to recover damages on a receipt under seal containing a warranty of soundness of certain negro slaves, amongst whom, was the negro Hester, the subject of this controversy. During the progress of the trial in the Court below, the... |
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| McClure v. Pacific R. Co. |
35 Mo. 189, Supreme Court of Missouri (July 01, 1864) |
1864 |
This was a suit under the act concerning the transportation of slaves by railroad companies, approved 27th February, 1855 (Sess. Acts 1855, p. 169), to recover double the value of a slave of the respondent, alleged to have been transported on the plaintiff's railroad in violation of said act. The respondent recovered a verdict and judgment in the... |
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| Miller v. Gaskins |
11 Fla. 73, Supreme Court of Florida (January 01, 1864) |
1864 |
The testator devised as follows:--I give and bequeath to my friend Charles K. Miller, Sarah and William Henry, in trust, that he will allow the said Sarah to go, if she wishes, to any free State, and for that purpose I direct my executor to pay him out of my estate one hundred dollars, and upon trust that he will have William Henry bound out... |
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| Miller v. Lewis |
33 Ga.Supp. 61, Supreme Court of Georgia (March 01, 1864) |
1864 |
A clause in the will of a testator, directing that his place known as the Turner place, containing three hundred and fifty acres more or less, shall be kept up by his executor, and that certain negroes named in the will shall be placed and kept on said place, and that the place and slaves shall belong to the executor, and that the slaves shall be... |
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| Miller v. London |
Win.Eq. 81, Supreme Court of North Carolina (December 01, 1864) |
1864 |
Testator bequeaths slaves to A, B and C. He directs A, B and C, to purchase a tract of land, on which the slaves are to live, and to cultivate it. The executors are directed to pay to A, &c., $500 for the purpose of stocking the land. This is a quasi emancipation, and is void, independently of the act of 1860, ch. 37. Testator gives to his wife all... |
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| Ming v. Suggett |
34 Mo. 364, Supreme Court of Missouri (January 01, 1864) |
1864 |
Suggett sued Carson's estate in the Callaway Circuit Court for a negro, and recovered judgment for the negro and damages. The negro was delivered and the damages paid to Suggett. Afterwards the case was taken to the Supreme Court, which court reversed the judgment of the Circuit Court and remanded the cause to that court, where Suggett voluntarily... |
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| Moorman v. Sharp |
35 Mo. 283, Supreme Court of Missouri (October 01, 1864) |
1864 |
This was a suit upon an instrument of writing in the words and figures following: Received, October 23, A. D. 1852, from Edwin W. Moorman, executor of Wiltshire L. Sharp, deceased, three hundred and ten dollars, to pay for the negro boy Perry, which I have this day bought from C. B. Wray and wife, and which amount I promise to account to the said... |
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| Morsell v. Baden |
22 Md. 391, Court of Appeals of Maryland (November 25, 1864) |
1864 |
It is scarcely necessary to say, that under the existing Constitution, the particular relief sought by this bill cannot now be granted. When the bill was filed, a sale of the negroes, Caroline and Solomon, might have been decreed, upon the presentation of a proper case, but as they have been declared free by the organic law of the State, the claim... |
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| Nelson v. People |
33 Ill. 390, Supreme Court of Illinois (January 01, 1864) |
1864 |
This was a prosecution under the act of the 12th of February, 1853, to prevent negroes and mulattoes emigrating into this State. The third section of the act declares, that if any negro or mulatto, bond or free, shall come into this State, and remain ten days, with the evident intention of residing in the same, such negro or mulatto shall be deemed... |
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| Oustott v. Oustott |
27 Tex. 643, Supreme Court of Texas (January 01, 1864) |
1864 |
This was a suit by the appellee, John Oustott, against the appellant, William S. Oustott, and their mother, Elizabeth Oustott, for the recovery of one-half the value and one-half of the hire of a negro girl in the possession of the said William S. Oustott; but who, as appellee alleged, belonged in equal moieties to himself and his mother, said... |
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| Parker v. Waugh |
34 Mo. 340, Supreme Court of Missouri (January 01, 1864) |
1864 |
On the 15th November, 1862, Waugh, the sheriff of Boone county, had in his hands five executions issued by the clerk of the Boone Circuit Court against Laforce, which, on that day, he levied upon twenty-one slaves of Laforce. Two of these executions--one in favor of Prewitt, and the other in favor of Bradford--were satisfied by a sale of real... |
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| Pickett v. Southerland |
Win.Eq. 67, Supreme Court of North Carolina (December 01, 1864) |
1864 |
By its proper construction, the clause in the will of Mary Rhodes, which has given rise to this controversy, should read, I give and bequeath to all the rest of the children of my niece, Mary Pickett, as well those she may hereafter have, as those she now has, two slaves, Maria and Jim, to share equally. This removes all obscurity: and by it, all... |
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| Pridgen v. Buchannon |
27 Tex. 589, Supreme Court of Texas (January 01, 1864) |
1864 |
The plaintiff, as guardian of a minor, hired to the defendant for a year a negro woman belonging to his ward, without stipulation as to the place or character of employment in which the slave was to be engaged; the defendant removed the slave to a different county, alleged to be more unhealthy, where the slave died before the expiration of the... |
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| Rogers v. Pacific R.R. |
35 Mo. 153, Supreme Court of Missouri (July 01, 1864) |
1864 |
This was an action based on the act of 27th February, 1855, concerning the transportation of slaves by railroad companies (Sess. Acts 1855, p. 169), to recover double the value of a slave of the plaintiff, alleged to have been transported on the respondent's railroad, in violation of the provisions of said act. Pending the suit, the act of 1855 was... |
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| Sarah v. Miller |
1 Duv. 259, Court of Appeals of Kentucky (December 15, 1864) |
1864 |
In the year 1854, Jane Miller, an unmarried woman, about sixty-six years old, residing in the family of her brother Josiah, and owning about twenty slaves and a small personalty, published a will, whereby she emancipated her slaves on condition that all of them would elect to emigrate to Liberia, bequeathed her personal property to her said... |
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| State v. Brown |
2 Win. 54, Supreme Court of North Carolina (December 01, 1864) |
1864 |
It is not a ground for arresting judgment that the two offences, of permitting a slave to go at large as a free person, and of permitting him to keep house as a free person, are joined in the same count of an indictment. If a slave living in a house to himself, keeps a boarding house for his own livelihood, and the master knowing it, exercises no... |
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| State v. Duckworth |
1 Win. 243, Supreme Court of North Carolina (June 01, 1864) |
1864 |
An indictment upon the 29th section of ch. 107, of Rev. Code, is sufficient if it avers that the defendant did permit the said slave Peggy to keep house to herself as a free person. And in the second Court, did connive at said negro slave keeping house to herself as a free person. A, being the owner of a female slave,... |
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| State v. Honeycutt |
2 Win. 51, Supreme Court of North Carolina (December 01, 1864) |
1864 |
Buying of, and receiving from, a slave, corn or other forbidden article on the salve's own account, the owner of the slave being present, and knowing what is done, and giving no written permission, is indictable under sec. 85, ch. 34, of Rev. Code. State vs. Hart, 4 Ire., 246, cited and approved. This was an indictment against the defendant for... |
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| State v. Medlin |
2 Win. 99, Supreme Court of North Carolina (December 01, 1864) |
1864 |
In the State vs. Jarrett, 1 Ired, 84, this Court, taking the law to be that insolence on the part of a slave to a white man would justify a battery, but not an excessive one, awarded a venire de novo on the ground that the instruction to the jury must be understood as having a reference to the testimony, and was in that sense erroneous; and used... |
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| State v. Norton |
1 Win. 303, Supreme Court of North Carolina (June 01, 1864) |
1864 |
On the argument Mr. Winston assumed that the grandmother of the prisoner had one-fourth negro blood; from this he inferred that one of his great grand parents had one-half negro blood, and one of his great great grand parents was full negro; and insisted from this fact that the prisoner was of mixed blood within the meaning of the statute, and,... |
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| State v. Rohlfing |
34 Mo. 348, Supreme Court of Missouri (January 01, 1864) |
1864 |
The appellant was indicted in the Moniteau Circuit Court for dealing with a slave, by borrowing money from the said slave, and executing and delivering to said slave his note for the same, without permission in writing from the master, owner or owners of said slave. The appellant moved the Circuit Court to quash the indictment, upon the ground that... |
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| State v. Sam |
1 Win. 300, Supreme Court of North Carolina (June 01, 1864) |
1864 |
An infant, under the age of 14 years, cannot commit the crime of rape nor be guilty of an assault with intent to commit rape. This was an indictment against a slave, tried before OSBOURNE, Judge, at the Spring Term of Davie Superior Court, 1864. The indictment contained three counts. The first, for carnally knowing and abusing a female child under... |
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| The Kate |
69 U.S. 350, Supreme Court of the United States (December 01, 1864) |
1864 |
THE United States filed a libel of information and forfeiture in the District Court for the Southern District of New York, against the bank Kate, her cargo, &c., alleging that she had been equipped, fitted, loaded, and prepared for the purpose of carrying on a trade in slaves, within the acts of Congress of March 22, 1794, and 20th of... |
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| The Reindeer |
69 U.S. 383, Supreme Court of the United States (December 01, 1864) |
1864 |
1. A vessel begun to be fitted, equipped, &c., for the purpose of a slave-voyage, in a port of the United States, then going to a foreign port, in order evasively to complete the fitting, equipping, &c., and so completing it, and from such port continuing the voyage, is liable to seizure and condemnation when driven in its subsequent course into a... |
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| The Sarah |
69 U.S. 366, Supreme Court of the United States (December 01, 1864) |
1864 |
LIKE the preceding case, this was a libel of forfeiture, filed in the District Court for the Southern District of New York, against a vessel and cargo, under the 1st section of the act of Congress of 22d March, 1794, and the 2d of that of 20th April, 1818, prohibiting persons engaging in the slave-trade. The principles of the preceding case (The... |
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| The Weathergage |
69 U.S. 375, Supreme Court of the United States (December 01, 1864) |
1864 |
THIS, like the two preceding cases, was a libel filed in the District Court for the Southern District of New York, against a vessel in the port of that city, under acts of Congress, prohibiting the equipment, loading, and other preparation of the vessel, for the purpose of carrying on a trade in slaves, and like fitting, &c., and causing the vessel... |
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| Tuggle v. Gilbert |
1 Duv. 340, Court of Appeals of Kentucky (February 15, 1864) |
1864 |
If the fraudulent or unfaithful conduct of the executors of Jesse Taylor subjected the slaves devised to his wife Lucretia to sale unnecessarily, when proper vigilance and fidelity might have made the debt out of the property of any of the principal debtors, those fiduciaries are equitably responsible for her indemnity. The decree of 1856 against... |
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| U.S. v. the Isla De Cuba |
2 Cliff. 295, Circuit Court, D Massachusetts (May 01, 1864) |
1864 |
Appeal from the district court of the United States for the district of Massachusetts. This was a libel of information filed in the court below against the bark Isla De Cuba, her tackle, apparel, and furniture, as well as her cargo, claiming a forfeiture of the whole, for an alleged violation of the laws of the United States prohibiting the slave... |
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| Viall v. Hubbard |
37 Vt. 114, Supreme Court of Vermont (March 01, 1864) |
1864 |
Contract. Variance. By the contract the plaintiff was to furnish a monument of good white marble. He did furnish a monument of which the material was good white marble, but it had a discoloration on it, gotten there by accident, but temporary in character, and by lapse of time and by exposure to the open air and frost... |
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| White v. Mallett |
2 Win. 34, Supreme Court of North Carolina (December 01, 1864) |
1864 |
Application for exemption, on account of being the owner and manager or overseer of 15 able-bodied slaves, must be made in reasonable time after 1st Jan, 1864. Application on the 22nd Nov., 1864, is not in reasonable time. This was a writ of certiorari at the suit of Major Mallett, for the purpose of reviewing the judgment of GILLIAM, J., in a writ... |
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| William v. State |
33 Ga.Supp. 85, Supreme Court of Georgia (March 01, 1864) |
1864 |
On the trial of slaves or free persons of color in this State, the husband or wife is not admissible as a witness for or against each other. The contubernal relation among slaves shall be recognized in public sales whenever possible, and in criminal trials where it becomes important to the advancement of justice: Section 1666, Code. The rules of... |
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| Wilson v. State, to Use of Davis |
21 Md. 1, Court of Appeals of Maryland (February 05, 1864) |
1864 |
The questions presented by the record in this case, arise upon three demurrers. The first, filed by the appellants to the nar., (which was overruled by the Court below,) involves the description or kinds of vessels included in the Act of 1838, ch. 375, entitled: An Act to prevent the transportation of people of color upon railroads or in... |
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| Young v. State |
39 Ala. 357, Supreme Court of Alabama (June 01, 1864) |
1864 |
[INDICTMENT FOR ILLEGAL TRAFFIC WITH SLAVE.] WRIT OF ERROR to the Circuit Court of Calhoun. Tried before the Hon. JOHN T. HEFLIN. |
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| U.S. v. Farrell |
5 Cranch C.C. 311, Circuit Court, District of Columbia (M (y 13, 1837))a |
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Indictment [against Joseph Farrell] for forging a certificate of freedom for Mr. T. F. Mason's slave Sandy. The slave Sandy was offered as a witness for the United States. |
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| Dennis v. Dennis |
4 Rich.Eq. 307, Court of Appeals of Equity of South Carolina (NoDate) |
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Bill to reform a deed of gift of negroes, more than thirty years old, to M. D. her heirs, executors and administrators: it was contended that the donor, who was dead, intended to give only a life estate to M. D., with remainder to her children; whereas, by the fraud or mistake of the pensman, an absolute estate was given to her. Bill dismissed. |
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| Marshall v. King |
2 Cushm. 85, High Court of Errors and Appeals of Mississippi (NoDate) |
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The act of the legislature of 1846, declares that if a married woman die possessed of slaves or other personal chattels as her separate property, leaving issue of the body, either by a former husband or by her surviving husband, such slaves and other personal chattels shall descend to her children in equal shares, &c. Held, that the children of... |
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| Murphy v. Justices of Inferior Court of Wilkinson County |
11 Ga. 331, Supreme Court of Georgia (NoDate) |
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[1.] When there is money in the hands of a Sheriff, raised from the sale of a runaway slave, by virtue of a process issued in the name of the Clerk of the Inferior Court, on an order of the Justices of the Inferior Court; it is according to law to move a rule against him to require him to pay it over, in the name of the Inferior Court, and it is... |
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| State v. South |
5 Rich. 489, Court of Appeals of Law of South Carolina (NoDate) |
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Under the Act of 1843, making it an indictable offence for a master to conceal or convey away his slave, accused of a capital felony, so that he cannot be brought to trial and condign punishment, the slave is accused, within the meaning of the Act, when complaint is made to a magistrate in order that a warrant should be issued. Semble, that where... |
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| Wells v. Ragland |
31 Tenn. 501, Supreme Court of Tennessee (NoDate) |
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The complainants are the distributees of the estate of Thomas Reid, who died intestate in April, 1836, and in that character brought this bill, on the 8th of June, 1848, to recover from the defendant, Ragland, two slaves, Haywood and Simon, which are claimed to belong to said estate. The questions to be decided arise upon the following state of... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Hemsley v. Smith |
1 H. & McH. 42, Provincial Court, Proprietary Province of Maryland (April 01, 1722) |
1722 |
The Court gave judgment that the rejoinder was insufficient, and that the plaintiff recover her debt and costs. Appeal to the Court of Appeals. The Judgment of the Provincial Court, after full argument by D. Dulany for the plaintiff, and T. Bordley for the defendant, was reversed in the Court of Appeals, at July term, 1724, and an appeal was prayed... |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
| Churchill v. Blackburn |
1 Va. Colonial Dec. R26, General Court of Virginia (April 01, 1730) |
1730 |
Qui tam Appeal from Middlesex County Court. Whether foregoing special Words shall restrain subsequent general words. Anno. 1772. an Act of Assembly passed restraining the Inhabit'ts of Virginia from planting for every Labourer above 16 years old more than 6000 Tob'o plants, and for every Male Labourer above ten and under 16. more than 3000.... |
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| Churchill v. Machen |
1 Va. Colonial Dec. R30, General Court of Virginia (April 01, 1730) |
1730 |
Appeal from Middlesex Court. Whether an Indictment finding a fact being &c. is good. The Deft. has likewise Appealed from Judgment given upon the Information of Machen upon the Act of Assembly ment'd in the Case above. The Information Charges That the Deft. being Master of a Family and a House-keeper, When he gave in his List of Tithables Anno 1725... |
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| Graves v. Boyd |
1 Va. Colonial Dec. R45, General Court of Virginia (April 01, 1730) |
1730 |
Can. Fr Deft. The Case The Plt. was seized of 125 Acres of Land with the Appurten's in King and Queen County and Boyd agreed to purchase it of him at 90£. price. The Agreem't was reduced to writing and Each party bound to the other in the Penalty of 50£. Boyd entred and was in possession some time and Graves offered to Convey the Land... |
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| Barret v. Gibson |
1 Va. Colonial Dec. R70, General Court of Virginia (October 01, 1731) |
1731 |
Case Fr Plt. Special Action upon the Case upon the Act of Assembly A'o 1712. for appointing Rolling-Houses The Plt. Declares That the Deft. was keeper of a Publick Rolling House Established by the Act of Assembly, and did Receive from the Plt. 4 Hhds. Tob'o of the Plts. to the value of 40£. to be safely kept & redelivered to the Plt. when... |
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| Waddy v. Sturman |
1 Va. Colonial Dec. R61, General Court of Virginia (October 01, 1731) |
1731 |
Fr Plt. The Case John Jordan being possessed of a very Considerable p'sonal Estate sufficient to pay all his Debts with an overplus by his last Will and Testament in writing bearing date the 6th Day of Februery in the Year 1693. gives several Legacies to his Sons in Law John Spence and Thomas Spence (who were Bothers) in this manner I give... |
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| Waddy v. Sturman |
Jeff. 5, General Court of Virginia (April 01, 1731) |
1731 |
The case. John Jordan being possessed of a very considerable personal estate, sufficient to pay all his debts, with an overplus, by his last will and testament in writing, bearing date the 6th day of February 1693, gives several legacies to his sons-in-law, John Spence and Thomas Spence (who were brothers) in this manner. I give to my son,... |
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| McCarty v. Fitzhugh |
1 Va. Colonial Dec. R112, General Court of Virginia (April 01, 1732) |
1732 |
In Chanc Fr Deft. The Case. The Deft. Married Mackarty's Daughter & became Indebted to him 200£>>>>>>>. by Bond, He lived at the time of giving the Bond, in Westmorland, but afterwards removed into Stafford, McCarty by his Will gives all his Debts in Stafford to his Son Dennis and the residue of his Estate to the Complt. and two other Sons and... |
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| McCarty v. McCarty's Ex'rs |
2 Va. Colonial Dec. B34, General Court of Virginia (October 01, 1733) |
1733 |
In Chancery Daniel McCarty being possessed of a large personal Estate And among others of a Bond debt of £291 and Interest due from John Fitzhugh one of the Def'ts makes his Will and after several legacies devises the residue to his three Sons D. B. & T. and makes them Executors but because they were under age makes the said John Fitzhugh and... |
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| Berryman v. Booth |
2 Va. Colonial Dec. B42, General Court of Virginia (April 01, 1734) |
1734 |
A writing purporting to be a Will was found among the Papers of the Plts. Father after his Death. It was signed by him and three Persons subscribed as Witnesses By this he gives all his Estate to his Wife Some time after the Date of this Writing he has a Son (the Plt.) born and then he declares he would make his Will and dyed soon after this... |
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| Jones v. Langhorn |
Jeff. 37, General Court of Virginia (October 01, 1736) |
1736 |
Judgment for the defendant, per totam curiam præcter Lightfoot and Tayloe. A like case between Clemonts and Walker, was argued in April, 1739, and the same judgment given by Randolph, Grymes, Carter, Diggs and the Governor. Curtis and Robinson, contra. Reported by Edward Barradall. Esq. |
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