Title | Citation | Year | Summary | Most Relevant | Type | Status |
Smith v. Rowzee |
3 A.K.Marsh. 527, Court of Appeals of Kentucky (June 10, 1821) |
1821 |
ON AN APPEAL FROM A JUDGMENT OF THE HENRY CIRCUIT COURT. Rowzer, the appellee, being indebted to the appellant, Smith, and also Smith having become his security to others, to secure these debts and also to indemnify Smith against his undertaking as security, executed a mortgage of sundry slaves and among the rest one named Lucy, which is the... |
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State v. Ben |
1 Hawks 434, Supreme Court of North Carolina (December 01, 1821) |
1821 |
I have not been able to ascertain in what manner slaves, accused of capital offences, were tried before the year 1741: the collections of the laws which I have seen, are silent on that subject; but it may be conjectured that the County Courts entertained jurisdiction. Among the very few events, connected with the early settlement of the State,... |
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State v. McDowell |
1 Hawks 449, Supreme Court of North Carolina (December 01, 1821) |
1821 |
The indictment charges, that the Defendant broke in and upon the possession of Sarah Somers, and took away her slave. The truth of the case was, that the slave, under the immediate control, and in the possession of James Somers, was five hundred yards distant from Sarah, and in another's field. Though for all civil purposes, and to protect the... |
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Susan v. Hight |
1 Mo. 118, Supreme Court of Missouri (September 01, 1821) |
1821 |
This was an action of assault and battery, and false imprisonment, instituted by order of the Circuit Court of St. Charles county, in the name of the plaintiff (Susan, who claimed her freedom), and the defendant, (who claimed her as a slave). The first and most difficult question which arises in the case, grows out of the defendant's first plea,... |
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Tate v. O'Neal |
1 Hawks 418, Supreme Court of North Carolina (December 01, 1821) |
1821 |
Some degree of discretion in the punishment of slaves, is necessarily allowed patrols. If in the exercise of this discretion they inflict punishment, they are not liable in an action to the master, unless their conduct clearly demonstrates malice against the owner. This was an action brought against the Defendant and two others, for beating the... |
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Taylor v. Eubanks |
3 A.K.Marsh. 239, Court of Appeals of Kentucky (April 06, 1821) |
1821 |
George G. Taylor being the owner of a negro boy named Otway, on the intermarriage of his son Jonathan Taylor, (the present appellant), about the 10th of March 1817, made a parol gift of the boy to his son by way of advancement. The son, shortly thereafter, commenced housekeeping with the boy in his possession, and held the possession of the boy... |
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The Francis F. Johnson |
20 Niles Reg. 137, District Court, D South Carolina (April 06, 1821) |
1821 |
This was a libel of forfeiture against the brig Francis F. Johnson for alleged violation of the laws relating to the slave trade. |
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U S v. Kennedy |
26 F.Cas. 762, Circuit Court, D Pennsylvania (April 01, 1821) |
1821 |
Indictment for serving on board a vessel employed in transporting a slave from the island of St. Thomas, to the island of Cuba; contrary to the act of the 10th of May, 1800. See 3 [Bior. & D. Laws] 382, ยง 2 [2 Stat. 70]. This section declares that it shall be unlawful for any citizen of the United States, or other person residing... |
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U S v. Pompey |
2 Cranch C.C. 246, Circuit Court, District of Columbia (May 01, 1821) |
1821 |
Indictment [against the negro Pompey] at common law for enticing away a slave belonging to Judge Washington. Verdict, guilty, and the jury assessed the fine at $50. |
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Watts v. Griffin |
Litt.Sel.Cas. 244, Court of Appeals of Kentucky (October 03, 1821) |
1821 |
On the first of July 1816, Griffin purchased, at the price of $600, a negro man, from John Watts, and received from him a bill of sale containing a covenant that the negro was sound, hearty, and clear of any impediment whatever. During the same year, Watts removed to the Missouri territory; but, owing to the circumstance of a negro woman he then... |
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White v. Helmes |
1 McCord 430, Constitutional Court of Appeals of South Carolina (May 01, 1821) |
1821 |
A free negro is an incompetent witness in any case where the rights of white persons are concerned. It is not necessary to a will of personal property that it should have two witnesses; nor any, indeed, so the hand wirting of the testator can be proved. (a.) It is not necessary to constitute a paper a will, that the animo testandi should appear on... |
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Winney v. Cartright |
3 A.K.Marsh. 493, Court of Appeals of Kentucky (June 07, 1821) |
1821 |
ON A WRIT OF ERROR TO REVERSE A JUDGMENT OF THE BOURBON CIRCUIT COURT. This is an action of trespass, assault, battery and imprisonment, and the issue was intended to be made up on the freedom or slavery of the appellant, who is a person of color. On the trial of the cause in the court below, the appellant introduced a record from the county court... |
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Amy v. Smith |
1 Litt. 326, Court of Appeals of Kentucky (June 19, 1822) |
1822 |
1. Where a testator devises a slave specially to an individual for 31 years (that being the period, when according to the laws of the country, the slave would be free, if not registered), it may be evidence that the testator believed the slave would be free at that period, or that he intended to emancipate her; but the devise for that period is not... |
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Ashley's Adm'rs v. Denton |
1 Litt. 86, Court of Appeals of Kentucky (April 13, 1822) |
1822 |
Statement of the case. Thomas Denton and wife exhibited this bill in chancery against the administrators of Thomas Ashley, deceased, charging, that said decedent was the son of the female complainant, by a former husband; that during her widowhood, she became possessed of sundry slaves, which passed to her from the estate of a deceased relative in... |
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Barbour v. Robertson's Heirs |
1 Litt. 93, Court of Appeals of Kentucky (April 15, 1822) |
1822 |
Statement of the the case. The defendants in error, who were complainants in the court below, exhibited their bill, claiming to be the heirs of John Robertson, who was the heir at law of James Robertson, and alleging that James Robertson departed this life intestate, leaving considerable personal estate, and one slave, named Caesar; that Philip... |
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Baylor v. Smithers' Heirs |
1 Litt. 105, Court of Appeals of Kentucky (April 16, 1822) |
1822 |
Statement of the case. This was an action of detinue, brought in the court below by the heirs of Smithers, to recover from Baylor a negro girl named Jane. A trial was had on the general issue, and a verdict found for Baylor; but on the motion of the heirs, a new trial was awarded by the court, on the ground of John Cockrell, who was introduced as a... |
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Brown v. Wingard |
2 Cranch C.C. 300, Circuit Court, District of Columbia (April 01, 1822) |
1822 |
The petition of negro Joseph Brown, stated, that before the year 1818, he then being the slave of Abraham Wingard, the defendant's [Mary Wingard's] testator, entered into an agreement with the said Abraham, at his, the said Abraham's request, for the purchase of his freedom, at and for the sum of nine hundred dollars, to be paid by the petitioner.... |
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Brownston v. Cropper |
1 Litt. 173, Court of Appeals of Kentucky (June 05, 1822) |
1822 |
1. The approaching insolvency of the seller of a diseased slave, for which full payment has not been made, is sufficient to sustain the jurisdiction of a court of chancery on a bill praying an injunction and rescission of the contract. 1. 2. Where the seller of a slave represents her to be in good health; but the slave herself truly informs the... |
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Clay v. Grubbs |
1 Litt. 222, Court of Appeals of Kentucky (June 08, 1822) |
1822 |
1. An action on the case, will not lie on an unsealed covenant, executed since the act raising such instruments to the dignity of specialties, took effect. 1. 2. No action on the case, will lie by one partner against another, for detaining the slaves designated to work in the partnership concern, where the partnership is by covenant in writing; the... |
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Daniel v. Kincheloe |
2 Cranch C.C. 295, Circuit Court, District of Columbia (April 01, 1822) |
1822 |
Upon the trial, THE COURT (nem. con.) instructed the jury that from the fact that young Kincheloe had authority to hire out the slave and receive his wages, they could not infer that he had authority to sell the slave; and further instructed the jury (MORSELL, Circuit Judge, contra) that if they should be satisfied by the evidence, that the... |
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Ellis v. Baker |
1 Rand. 47, Supreme Court of Appeals of Virginia (January 01, 1822) |
1822 |
Where a marriage contract reserves to the wife, a power to give certain slaves to whomsoever she shall appoint, she is not authorised to direct a sale or emancipation of the slaves. The case was this: James Ellis and Esther his wife, formerly Esther Thompson, William Caffa and Nancy his wife, formerly Nancy Davis, David Sawyer and Rhoda his wife,... |
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Ellis v. Ellis |
1 Mo. 220, Supreme Court of Missouri (May 01, 1822) |
1822 |
This was an action of repleyin, by the plaintiff in error, for a negro man. The only question relied on at the bar, is one presented by a bill of exceptions. The bill of exceptions states, that on the trial of the issues of property in defendant and non c??pit, the plaintiff offered James Ellis, from whom he purchased the negro, to prove the loss... |
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Fenwick v. Forrest |
5 H. & J. 414, Court of Appeals of Maryland (June 01, 1822) |
1822 |
In an action of covenant where D warrants and defends certain slaves sold to F, against all persons whatsoever, to be the property of F, the breach assigned in the declaration was, that the slaves, at the time of the sale, were not the property of D, but of 3, who dispossessed F of them by a writ of replevin issued against D, and that D did not... |
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Findly v. Tyler |
1 Litt. 161, Court of Appeals of Kentucky (June 04, 1822) |
1822 |
Statement of the case. This was an action brought by Nancy Tyler, a woman of colour, against Findly, to recover her freedom. On the trial of an issue made up between the parties, a verdict was found against Findly, and his motion for a new trial was overruled by the court. The motion for a new trial, was made on the grounds--1st, That of Thomas... |
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Grimes v. Davis |
1 Litt. 241, Court of Appeals of Kentucky (June 10, 1822) |
1822 |
Statement of the case. This is an appeal by the plaintiff, from a judgment for the defendant, in an action of trespass, for taking and carrying away a negro woman slave named Rhoda, alleged by the plaintiff to be his property. It appears from a bill of exceptions taken by the plaintiff on the trial in the circuit court that the defendant, as... |
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Harrington v. Wilkins |
2 McCord 289, Constitutional Court of Appeals of South Carolina (November 01, 1822) |
1822 |
The possession of a slave, on lands, is not the possession of his owner, unless such possession was authorized by the owner; for to gain a right by possession, it must be such a possession as will enable the adverse claimant to sue. The character of possession to land, whether adverse or not, is a conclusion to be drawn from all the circumstances,... |
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Harrison v. Lee |
1 Litt. 190, Court of Appeals of Kentucky (June 06, 1822) |
1822 |
Harrison, the appellant, charged in his bill, that he had borrowed of the appellee three hundred and fifty dollars, and to secure its payment within one year, had placed in possession of the appellee a negro slave, named Bill, and made a bill of sale for him, absolute on its face; but took an instrument of writing, at the same time, from the... |
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Huckaby v. Jones |
2 Hawks 120, Supreme Court of North Carolina (June 01, 1822) |
1822 |
A bequest of slaves to certain persons to be their lawful property, and for them to keep or dispose of, as they shall judge most for the glory of God, and good of said slaves, where it could fairly be collected from other parts of the will that the testator did not mean by the bequest any personal benefit to the legatees, was held to... |
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Hughes v. Graves |
1 Litt. 317, Court of Appeals of Kentucky (June 17, 1822) |
1822 |
Statement of the case. Palmer, being indebted to Hughes in the sum of $346.27, to secure the payment thereof, executed a mortgage upon two slaves by the names of Fanny and Esther; which mortgage was, in due time and in the proper office, admitted to record. Palmer afterwards sold Fanny to Walker, and Esther to Graves; and having failed to pay the... |
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Humphrey v. State |
Minor 64, Supreme Court of Alabama (June 01, 1822) |
1822 |
The prisoner was tried in the County Court of Dallas County on the 29th day of April, 1822, under the Laws of this State for the trial of slaves charged with capital offences, and convicted of burglary. He appealed to this Court. Before we can enquire into the merits of the case, a question of much importance forces itself on our consideration. Has... |
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Humphries v. Tench |
2 Cranch C.C. 337, Circuit Court, District of Columbia (October 01, 1822) |
1822 |
Petition for freedom. The defendant offered to read the depositions in a record of Charles county court in Maryland, in a suit for freedom, by one of the same family of negroes, as hearsay, in relation to the common ancestor of that family. |
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Ingram v. Gaskins |
3 Del.Cas. 25, High Court of Errors and Appeals of Delaware (June 01, 1822) |
1822 |
Writ of error to the Justices of the Court of Common Pleas, Sussex County. This was a qui tam action brought by Gaskins against Ingram for selling with an intent to export a negro slave named Jenny from this state into the State of Maryland. . . . At an adjourned term of this Court in October last, this cause was submitted by the counsel of each... |
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Lewis v. Lewis |
Minor 95, Supreme Court of Alabama (December 01, 1822) |
1822 |
A WRIT of Fi. Fa. issued from the Circuit Court of Baldwin County, on the 9th day of January, 1822, in favour of Edwin Lewis against the goods and chattels which were of Figures Lewis, and remaining in the hands of Robert Lewis to be administered, was levied by the sheriff of Mobile County on five slaves, Ned, Monday and her child, Mary and Sam,... |
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Lightner ads. Martin |
2 McCord 214, Constitutional Court of Appeals of South Carolina (November 01, 1822) |
1822 |
Where the bearer of a note brings an action against the maker who sets up a breach of warranty, on account of unsoundness in the property bought, the declarations of the payee are inadmissible. The person who sold a negro to the payee a few months previous to the same being sold to the maker, is a competent witness in an action by the bearer... |
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Matilda v. Mason & Moore |
2 Cranch C.C. 343, Circuit Court, District of Columbia (October 01, 1822) |
1822 |
This was a petition for freedom [by the negress Matilda against Mason & Moore], founded upon an importation from Maryland to Virginia in the year 1792. When the jury was about to be sworn, Mr. Jones, for defendants, stated that it had been an old practice in this court, in suits for freedom, to ask each juror, before he was sworn, the following... |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
Merril v. Johnson |
9 Tenn. 71, Supreme Court of Errors and Appeals of Tennessee (January 01, 1822) |
1822 |
The bill states that in the year 1784 William Haden, father of the complainant Sally, then a married woman and the wife of one William Merril, conveyed by deed of gift dated 6th October of that year, to the said Sally for her life, two slaves Dinah and Harry, and after her death he gave the said two slaves, and the increase of Dinah (if any) to her... |
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Morris v. Barkley |
1 Litt. 64, Court of Appeals of Kentucky (April 09, 1822) |
1822 |
Statement of the case. This was an action of slander. The words laid in the declaration, are, Thomas Barkley (the plaintiff) kept his negro woman, and had a child by her; that Shadrach Barkley told him (the defendant) so. The defendant demurred to the declaration, and the demurrer being overruled, he had leave to withdraw, and pleaded three... |
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Nash v. Primm |
1 Mo. 178, Supreme Court of Missouri (April 01, 1822) |
1822 |
In this case the declaration alleges, that the defendant, with force and arms, shot and killed a negro slave of the plaintiff's. After verdict, the defendant moved in arrest of judgment, that the plaintiff could not recover in this action, because, by the killing of the slave in question, the private injury to the owner is merged and swallowed up... |
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Overseers of Marbletown v. Overseers of Kingston |
20 Johns. 1, Supreme Court, New York (January 01, 1822) |
1822 |
Marriages, where one or both of the parties are slaves, are, by the statute, (2 N. R. L. 201. sess. 36. ch. 88.) legal, and the issue legitimate. Where the wife is a free woman, and the husband a slave, the latter is not emancipated, nor the former enslaved, by the marriage; and the children of such a marriage follow the condition of their free... |
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Overstreet v. Philips |
1 Litt. 120, Court of Appeals of Kentucky (April 17, 1822) |
1822 |
1. Notice that a deposition will be taken at a particular tavern in a city named in the notice, is good, without mentioning the christian name of the tavern-keeper, unless it is shown that there were in the same city two tavern-keepers of the same surname. 1. 2. Where the injury complained of is fraud, in knowingly selling an unsound slave for a... |
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RESTORATION OF A DANISH SLAVE. |
1 U.S. Op. Atty. Gen. 566 (September 27, 1822) |
1822 |
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Administrative Decisions & Guidance |
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Rhodes v. Holmes |
2 Hawks 193, Supreme Court of North Carolina (December 01, 1822) |
1822 |
That sales and gifts of slaves by parol were valid under the act of 1784, as between the parties, and when there were neither purchasers nor creditors to be affected, is a construction of that act which was probably coeval with its passage. In a case decided in 1796, it was admitted by the Court and Par, to have prevailed anterior to that period,... |
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Scott v. Bartleman |
2 Cranch C.C. 313, Circuit Court, District of Columbia (May 01, 1822) |
1822 |
Assumpsit, for $36, for one year's hire of a negro woman, the slave of the plaintiff [Richard M. Scott], hired by the defendant [W. Bartleman] for a year. Within ten days after hiring, she was arrested and imprisoned upon a warrant for theft, and kept in custody the rest of the year. |
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Shacklett v. Kershner |
1 Litt. 226, Court of Appeals of Kentucky (June 08, 1822) |
1822 |
Statement of the case. This was an action of detinue, brought by the appellee in the circuit court, to recover from the appellant a negro girl. The trial was had on the general issue, and a verdict and judgment recovered by the appellee. The appellant claimed the girl by purchase from Armstead Churchill, who purchased her at a sale made by the... |
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Somboy v. Loring |
2 Cranch C.C. 318, Circuit Court, District of Columbia (May 01, 1822) |
1822 |
Trespass vi et armis [by negro Sampson Somboy against Solomon Loring], for taking away the plaintiff's son and servant per quod servitium amisit. Demurrer to the evidence. |
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State v. Marshall |
2 McCord 63, Constitutional Court of Appeals of South Carolina (January 01, 1822) |
1822 |
The jurisdiction of magistrates is taken away in all cases arising from torts and trespasses; and therefore the penalty against a free negro for harbouring a slave under the act of 1740, cannot be recovered before a magistrate. |
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State v. Pitot |
12 Mart.(o.s.) 485, Supreme Court of Louisiana (December 01, 1822) |
1822 |
Application for a mandamus. Seghers made oath that C. Andre, a free woman of color, died in the city of New-Orleans, and G. Autheman, her executor, procured the probate of her will and letters testamentary, and possessed himself of her estate, amounting, according to the inventory, to $2,090 99 cents, and the deponent, on the application of a... |
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U S v. the La Jeune Eugenie |
2 Mason 409, Circuit Court, D Massachusetts (May 01, 1822) |
1822 |
This was a libel against the schooner La Jeune Eugenie [Raibaud and Labatut, claimants] for being engaged in the slave trade. By an act passed by the congress of the United States on the 2d of March, 1807, the importation of slaves into any port of the United States was prohibited after the 1st of June, 1808; the time limited by the constitution of... |
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Ufford's Adm'x v. Lucas |
2 Hawks 214, Supreme Court of North Carolina (December 01, 1822) |
1822 |
Whether the title to the slave was in Ufford or Dukes, depended on much conflicting evidence, which was fairly summed up and left by the Judge to the Jury. Their verdict ought not to be disturbed, unless the evidence preponderates very strongly against it, which we do not perceive that it does. The Jury probably knew the witnesses, and were able to... |
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Wright v. Wright |
2 Litt. 8, Court of Appeals of Kentucky (October 08, 1822) |
1822 |
1. A bill in equity for the recovery of a slave, ought not to be substituted in lieu of an action at law to enforce a mere legal right; and if it is, the statute of limitations will bar it as much as it would a suit at law. 3. 2. An admission in an answer in chancery, of a bill of sale, on which the complainant relies, supersedes the necessity of... |
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