Title | Citation | Year | Summary | Most Relevant | Type | Status |
Burton v. Brashear |
3 A.K.Marsh. 276, Court of Appeals of Kentucky (April 09, 1821) |
1821 |
ON AN APPEAL FROM A JUDGMENT OF THE HARDIN CIRCUIT COURT. This is an action of detinue for a slave, and has been twice heretofore brought to this court by the present appellee. On the first occasion it was reversed, because during the progress of the trial, improper evidence was admitted on the part of the present appellant: See 3 Bibb, 9. The... |
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Cabiness v. Herndon |
Litt.Sel.Cas. 469, Court of Appeals of Kentucky (December 07, 1821) |
1821 |
FROM THE GREEN CIRCUIT COURT. Under sundry executions, some in favor of Samuel Brents, one of the plaintiffs in error, and others under his control belonging to other individuals, a constable seized and sold a negro woman, as the property of Valentine Meriwether. At the sale, Charles P. Cabiness. another plaintiff in error, appeared and set up... |
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Caldwell v. Carter |
2 Del.Cas. 668, High Court of Errors and Appeals of Delaware (October 23, 1821) |
1821 |
Petition for freedom in the Court of Common Pleas for Kent County. |
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Case of Jones |
2 Del.Cas. 622, Court of Common Pleas of Delaware (July 14, 1821) |
1821 |
On the 14th instant, three writs of homine replegiando were issued out of the Court of Common Pleas against James Jones, Jesse Cannon, Joseph Johnson and William Goslin, one to replevy Thomas Carlisle, Negro, another to replevy Nochre Griffeth, Negro, and the third to replevy Isaac Griffeth, Negro. The Sheriff had also in his hands two writs to... |
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City Council of Charleston v. Palmer |
1 McCord 342, Constitutional Court of Appeals of South Carolina (May 01, 1821) |
1821 |
Under an ordinance of the city of Charleston, it is provided, that the owner or tenant of any house, whose chimney shall take fire, and blaze out at the top shall be subject to a fine of not less than fifty, nor more than one hundred dollars. It appeared that the chimney in this case, blazed out in consequence of a negro servant carelessly... |
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Clifton v. Phillips |
1 McCord 469, Constitutional Court of Appeals of South Carolina (November 01, 1821) |
1821 |
In an action on the case in the nature of an action for ravishment of ward to try the freedom of a negro, where the jury found a verdict establishing the right of the plaintiff's ward to freedom, but found no damages, the Court Held that the plaintiff was entitled to costs. |
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Cocke v. Hardin |
Litt.Sel.Cas. 374, Court of Appeals of Kentucky (October 10, 1821) |
1821 |
Hardin purchased of Cocke a negro man, at the price of $500, and gave his obligation to pay the amount thereof at a named day. The day having elapsed without payment being made, Cocke brought suit on the bond, and recovered judgment at law. Equity will not sustain jurisdiction in case of fraud in the sale of diseased slaves, for the purpose of... |
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Commonwealth v. Tyree |
2 Va.Cas. 262, General Court of Virginia (November 01, 1821) |
1821 |
If a black man be sent on for trial by the Examining Court to the Superior Court, (charged with a crime, which in a slave is punishable with death, and in a free man by Penitentiary confinement,) as a free man, unless the accused shall himself plead in abatement to the jurisdiction of the Court, that he is a slave, the Superior Court will proceed... |
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CONCERNING THE IMPORTATION OF SLAVES. |
1 U.S. Op. Atty. Gen. 503 (November 05, 1821) |
1821 |
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Administrative Decisions & Guidance |
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CONCERNING THE SLAVE TRADE. |
5 U.S. Op. Atty. Gen. 728 (January 27, 1821) |
1821 |
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Administrative Decisions & Guidance |
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CONCERNING THE SLAVE-TRADE. |
5 U.S. Op. Atty. Gen. 736 (August 22, 1821) |
1821 |
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Administrative Decisions & Guidance |
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Cook v. Wilson's Adm'rs |
Litt.Sel.Cas. 437, Court of Appeals of Kentucky (December 01, 1821) |
1821 |
This was an action of detinue, brought in the Fayette circuit court by Joseph Cook against Samuel Wilson, for the detention of a slave named Juda, and several others, the children of Juda. Where a right to slaves was attempted to be defended as derived from a revolutionary law of forfeiture, passed by the state of South Carolina, it was held that... |
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Costin v. Corporation of Washington |
2 Cranch C.C. 254, Circuit Court, District of Columbia (October 01, 1821) |
1821 |
This was an appeal from the judgment of a justice of the peace of the county of Washington for the penalty of five dollars under the 7th section of the by-law of the corporation of Washington, passed on the 14th of April, 1821, c. 133, entitled An act to prescribe the terms and conditions upon which free negroes and mulattoes may reside in the... |
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Craddock v. Shirly |
3 A.K.Marsh. 288, Court of Appeals of Kentucky (January 01, 1821) |
1821 |
Craddock purchased from Rennick, two slaves, at the price of $1,000, paid part of the price in hand, executed his obligation to Rennick for the residue, and received from him a bill of sale warranting the title of the slaves against all persons whatever. Rennick assigned one of the obligations to Shirly, but payment being refused by Craddock when... |
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Culver v. Shriner |
5 H. & J. 218, Court of Appeals of Maryland (June 01, 1821) |
1821 |
Artieles of agreement between K and S, in which K agrees to convey certain lands to S, in consideration that S would pay to K, or order, 1600, and provide for the supnort of K and wife, during their lives, K to live on the lands and keep there two slaves, and that the future issue of such slaves should belong to S and his heirs, is a eovenant and... |
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Davis & Fant v. Duncan |
1 McCord 213, Constitutional Court of Appeals of South Carolina (May 01, 1821) |
1821 |
It is not necessary in order to maintain an action of trover, that a demand and refusal should be proved where the taking has been tortious. Lending a negro to a son-in-law, and permitting it to go home with a daughter when she goes to house-keeping, will not be construed into a gift when it has not been accepted and kept by him. |
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Deatly's Heirs v. Murphy |
3 A.K.Marsh. 472, Court of Appeals of Kentucky (June 05, 1821) |
1821 |
ON AN APPEAL FROM A DECREE OF THE NICHOLAS CIRCUIT COURT. The heirs of John Deatly filed their bill in chancery against Zephaniah Murphy and Richard Stites and others, representing that their ancestor was possessed of a considerable personal estate, sundry slaves, and a tract of land; and was, in the year 1812, accused of felony and imprisoned in... |
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Dempsey v. Lawrence |
Gilmer 333, Supreme Court of Appeals of Virginia (June 20, 1821) |
1821 |
The chancery as well as the common law courts have jurisdiction in suits of paupers for freedom; and will on a case proper for a court of equity, appoint counsel to prosecute for the pauper &c. DEMPSEY was born the slave of one David Wallace, and descended to his son William. He hired himself of his master William Wallace, and having accumulated... |
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Dunbar v. Ball |
2 Cranch C.C. 261, Circuit Court, District of Columbia (October 01, 1821) |
1821 |
Petition for freedom. The facts were agreed to be as follows:The petitioner [Leonard Dunbar] is a native-born slave of Virginia, and was there purchased by one John B. Brunet, a citizen and inhabitant of that state, some time in the month of March, 1820; and continued there in the possession and service of said Brunet, until some time... |
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Enlaws' Ex'rs v. Enlaws |
3 A.K.Marsh. 228, Court of Appeals of Kentucky (April 05, 1821) |
1821 |
ON AN APPEAL FROM A JUDGMENT OF THE HARDIN CIRCUIT COURT. This was an action of detinue for sundry slaves, brought by the executors of Isom Enlaws against Mary Enlaws, his widow. The cause was tried on the general issue, and the jury found a special verdict, from which it appears that the appellant, in virtue of the will of her former husband, had... |
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Evans ads. Parr |
1 McCord 283, Constitutional Court of Appeals of South Carolina (May 01, 1821) |
1821 |
Where a decree in a Summary Process had been given against a defendant on the first day of court, upon his making the following affidavit, on the second day, the court ordered the decree to be opened, that defendant might make his defence, viz: that on Monday morning, (which was the day on which the court sat,) a negro child, the property of the... |
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Evans v. McKinsey |
Litt.Sel.Cas. 262, Court of Appeals of Kentucky (October 04, 1821) |
1821 |
FROM THE WAYNE CIRCUIT COURT, THE HON. THOMAS MONTGOMERY, SOLE JUDGE. This was an action of detinue, brought in the circuit court by M'Kinsey, to recover from Evans two slaves. Whatever would be an availing defence for the vender of slaves, against an adversary claim, will equally avail his vendee. Evans pleaded two pleas: 1st, Non-detinet; 2d,... |
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Ex parte Stephens' Ex'rs |
1 McCord 87, Constitutional Court of Appeals of South Carolina (January 01, 1821) |
1821 |
The testator bequeathed all of his negroes to be divided equally among his grand children, share and share alike, among such as should be living at the time of such division, and not otherwise; and that the division should take place so soon as the debts be paid. A sale was made by the executor to enable each legatee to purchase in the amount of... |
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Garretson v. Lingan |
2 Cranch C.C. 236, Circuit Court, District of Columbia (April 01, 1821) |
1821 |
Petition for freedom. The petitioner [Jack Garretson, a negro] was carried, by his owner, from Maryland to Virginia, in the year 1784, and kept there several years, and then brought back to Maryland. By the law of Virginia of 17th of December, 1792 (page 186), the slave was entitled to his freedom, unless the owner took a certain oath within sixty... |
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Hall v. Mullin |
5 H. & J. 190, Court of Appeals of Maryland (June 01, 1821) |
1821 |
Negroes held and claimed as slaves are presumed to be slaves A slave over 45 years of age cannot be manumitted The condition of slaves does not depend exclusively either on the civil or the feudal law No contract, of any validity whatever, can be made with a slave, without consent of the owner A devise of property, real or personal, to a slave, by... |
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Hughes v. Negro Milly |
5 H. & J. 310, Court of Appeals of Maryland (June 01, 1821) |
1821 |
M, by her will in 1776, bequeathed to P a negro girl, named A, (the ancestor of the petitioners, then 15 years of age.) until she should arrive to the age of 21, and that he should manumit her immedately after the death of M, so that her freedom maght be secured to her at the age of 21. M devised the residue of her estate to S. and died in 1786 S... |
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Hume v. Scott |
3 A.K.Marsh. 260, Court of Appeals of Kentucky (April 07, 1821) |
1821 |
ON A WRIT OF ERROR TO REVERSE A JUDGMENT OF THE BOURBON CIRCUIT COURT. This is an action on the case, brought by the appellees against the appellant, to subject him to damages on account of the death of a negro hired or pledged to the appellant, through harsh treatment and neglect. The errors assigned question the decision of that court in refusing... |
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Hunt v. Miller |
3 A.K.Marsh. 336, Court of Appeals of Kentucky (April 16, 1821) |
1821 |
This was an action of detinue, brought by Hurt to recover from Miller, a negro man named Wiatt. Miller held the possession of the negro under a purchase from the sheriff, at a sale made in virtue of a writ of fieri facias, which issued on a judgment obtained by Miller in the circuit court, against a certain John Hancock; and Hurt claims title to... |
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IMPORTATION OF SLAVES. |
1 U.S. Op. Atty. Gen. 446 (January 20, 1821) |
1821 |
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Administrative Decisions & Guidance |
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In re Clark |
1 Blackf. 122, Supreme Court of Indiana (November 01, 1821) |
1821 |
In obedience to a writ of habeas corpus, issued by the Knox Circuit Court, G. W. Johnson brought before that Court the body of Mary Clark, (a woman of color,) said to be illegally detained by him; and assigned as the cause of her detention, that she was his servant by indenture, executed at Vincennes, in this State, on the 24th of October, 1816:... |
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Irwin v. Wells |
1 Mo. 9, Supreme Court of Missouri (April 01, 1821) |
1821 |
Action of detinue for a slave--judgment for plaintiff in the court below. This case is presented to the court by a bill of exceptions--the declaration has only one general count. The bill of exceptions shows, that in 1806, in December, in the State of Kentucky, one James H. Audrain married the daughter of Wells, and that, in that same year, Audrain... |
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Leau v. O'Hara |
1 McCord 19, Constitutional Court of Appeals of South Carolina (January 01, 1821) |
1821 |
A. sold B. a negro slave, and gave a bill of sale in these words, viz:I have bargained, sold, and delivered, and by these presents do bargain, sell and deliver, a certain negro fellow, now in Georgetown gaol, to have and to hold, & c. Held, that in assumpsit, the vendor might prove that the bill of sale was dated the 8th, yet... |
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Lewis v. Fullerton |
1 Rand. 15, Supreme Court of Appeals of Virginia (December 01, 1821) |
1821 |
A Slave removing from Virginia to Ohio, with the consent of his master, for a mere transitory purpose, and with the animus revertendi, does not thereby acquire a right to freedom in Virginia. A judgment on a habeas corpus in Ohio, in favor of the slave, does not establish his right to freedom. A deed of emancipation executed in Ohio, but having... |
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Lynch's Ex'r v. Ashe |
1 Hawks 338, Supreme Court of North Carolina (June 01, 1821) |
1821 |
I am of opinion that the law was correctly laid down by the presiding Judge, in his charge to the Jury: for, however much we may now regret that the act of 1784 was not construed as a statute of frauds, avoiding all parol gifts of slaves, as well between the parties, as where creditors and purchasers were concerned, it is now too firmly settled by... |
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Magowen v. Hay |
3 A.K.Marsh. 452, Court of Appeals of Kentucky (June 04, 1821) |
1821 |
ON A WRIT OF ERROR TO REVERSE A JUDGMENT OF THE LOGAN CIRCUIT COURT. This was an action of detinue, brought by Magowen, to recover from Hay a negro girl. The trial was had on the general issue, and for the purpose of proving his right to the negro, Magowen introduced as evidence the copy of an execution which was issued by Joseph Hensly, a justice... |
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Martin v. Maverick |
1 McCord 24, Constitutional Court of Appeals of South Carolina (January 01, 1821) |
1821 |
On a question of the identity of a negro slave, the plaintiff gave evidence that his slave spoke French, and that the one in question spoke French, and described her as being of the Angola nation; the defendant may prove that she spoke Coromantee also. The jury can not be polled, but at the discretion of the Court. |
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McNeil v. Philip |
1 McCord 392, Constitutional Court of Appeals of South Carolina (May 01, 1821) |
1821 |
In an action of trover, where the defendant received a negro slave of the plaintiff, upon a promise to return him, on a certain event, which had occurred, the court Held, that it was not necessary to inquire into the strict legal title of the plaintiff. |
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Milner v. Davis |
Litt.Sel.Cas. 436, Court of Appeals of Kentucky (November 30, 1821) |
1821 |
This was an action brought by Richard Davis and Lewis Davis, by their next friend, and John Davis, Robert Brooks and Polly his wife, and Thomas Santer and Polly his wife, against Benjamin Milner, for the trover and conversion of a slave. The defendant pleaded, 1st, not guilty, upon which issued was joined; and 2dly, not guilty within five years... |
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Moseby's Adm'r v. Corbin's Adm'r |
3 A.K.Marsh. 289, Court of Appeals of Kentucky (April 10, 1821) |
1821 |
In November, 1789, William Corbin made and published his will, containing the following provision: Item, my will and desire is, that my daughter Ann Grant, shall have a young negro wench, to be purchased and raised out of that part of my estate not already bequeathed, during her natural life, and that her husband William Grant shall possess said... |
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Palmer v. Popelston |
1 Hawks 307, Supreme Court of North Carolina (June 01, 1821) |
1821 |
Under the act of 1792, a sheriff's bill of sale for a slave is like the bill of sale of any other person; and when the purchaser takes the actual possession of the slave, the conveyance must be recorded in the county where such purchaser resides. Detinue for two negro slaves. The Plaintiff in support of his title, proved by the subscribing witness,... |
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Petry v. Christy |
19 Johns. 53, Supreme Court of New York (January 01, 1821) |
1821 |
G., the owner of a slave, told him, that if he would procure good notes for 200 dollars, and give his own note for 75 dollars, he would immediately manumit and set free, him, his wife, and child; and the slave, accordingly, procured notes for 200 dollars, &c., which G. approved: and made out a deed of manumission, and procured the usual certificate... |
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Pinkard v. Smith |
Litt.Sel.Cas. 331, Court of Appeals of Kentucky (October 08, 1821) |
1821 |
FROM THE FAYETTE CIRCUIT COURT, THE HON. W. WARREN, SOLE JUDGE. On the 18th of January, 1776, John Bailey made and published his last will and testament, containing, among others, the following bequests: I lend unto my wife, Elizabeth, the plantation whereon I now live, containing 140 acres. I likewise lend her one negro girl, named Easter,... |
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Queen v. State |
5 H. & J. 232, Court of Appeals of Maryland (June 01, 1821) |
1821 |
An indictment charging that the traverser did assist a negro woman N, the slave of J. A, in eloping and running away from the said J. A, by accompanying her a considerable distance, and showing her the road by which she might escape, thereby depriving her master J. A, of the services of said slave, is sufficiently laid under the act... |
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R. GODDARD v. P. WAGNER. |
12 S.C.L. 100, Constitutional Court of Appeals of South Carolina (January 01, 1821) |
1821 |
Trespass vi et armis is the proper action for beating plaintiff's slave. |
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RIGHTS OF FREE VIRGINIA NEGROES. |
1 U.S. Op. Atty. Gen. 506 (November 07, 1821) |
1821 |
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Most Relevant |
Administrative Decisions & Guidance |
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Rowzee v. Gregg |
Litt.Sel.Cas. 487, Court of Appeals of Kentucky (December 08, 1821) |
1821 |
Rowzee sold to Gregg three slaves, and gave him a bill of sale warranting the title, for which Gregg executed his note for $1,050. On this note Rowzee brought suit and obtained judgment at law, to enjoin which, Gregg filed this bill, in which he alleges that Rowzee was indebted to him, by account, to more than the amount of the judgment; that one... |
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Samuel v. Minter |
3 A.K.Marsh. 480, Court of Appeals of Kentucky (June 06, 1821) |
1821 |
Gabriel Minter bought of James Samuel a negro woman and child, and received a bill of sale warranting the title only, and saying nothing about the soundness of the slaves. For them Minter was to pay eight hundred dollars. Two of this sum was paid at the sale--two more shortly after and for the balance a note was given, on which Samuel brought suit... |
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Scotts v. Hume |
Litt.Sel.Cas. 378, Court of Appeals of Kentucky (October 11, 1821) |
1821 |
Chancery jurisdiction. This is a bill with injunction, filed by the plaintiffs in error to obtain relief against a judgment at law. One ground of equity attempted is, that the judgment at law, which was enjoined by the bill, was on a note executed to secure money loaned; and that, to secure the loan, a negro was pledged by the plaintiffs in error,... |
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Shockley v. Traverse |
2 Del.Cas. 673, High Court of Errors and Appeals of Delaware (October 24, 1821) |
1821 |
This was a petition for freedom in the Court of Common Pleas. The court below discharged the petitioner. |
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Smith v. McCall |
1 McCord 220, Constitutional Court of Appeals of South Carolina (May 01, 1821) |
1821 |
An implied warranty does not extend to the moral qualities of a slave. |
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