TitleCitationYearSummaryMost RelevantTypeStatus
Banks' Adm'r v. Marksberry 13 Litt. 275, Court of Appeals of Kentucky (April 17, 1823) 1823 AN APPEAL FROM A JUDGMENT OF THE LINCILN CIRCUIT COURT. 1. A parol gift of slaves, without delivery, is void; but a gift by deed, on a good consideration, is valid without delivery. 1. 2. The relation of father and child is a sufficient consideration to render a gift of slaves by deed from the former to the latter, valid. 1. 3. If the reservation... Most Relevant Cases  
Bell v. North 4 Litt. 133, Court of Appeals of Kentucky (October 14, 1823) 1823 FROM THE SIMPSON CIRCUIT COURT, THE HON. HENRY P. BRODNAX SOLE JUDGE. This was an action of trespass vi et armis, brought by North against Bell, Williams, Stanford, Hart, Jackson and Anderson, for entering his close, and seizing and taking away sundry of his slaves. A nolle prosequi was entered by the plaintiff, as to the defendant Anderson, and... Most Relevant Cases  
Booth v. Booth 3 Litt. 57, Court of Appeals of Kentucky (April 11, 1823) 1823 Statement of the case. On the 24th of May, 1808, David Booth executed to William Booth, jun. a bond in the penal sum of two thousand dollars, conditioned to be void if the said David shall make a good and lawful title of his right to Amy and one-half of her children, being the negroes that the said David Booth is contending with William Booth,... Most Relevant Cases  
Brittain v. Smith 2 Hawks 572, Supreme Court of North Carolina (December 01, 1823) 1823 The contract between these parties, if there be one, was, that if the Defendant brought back a negro boy with him from Charleston, he would let the Plaintiff have him in exchange for the defective one. The Defendant did bring a boy back; and the question is, whether the Plaintiff can sue him without averring and proving that he tendered the boy to... Most Relevant Cases  
Childers v. Goza 1 Mo. 394, Supreme Court of Missouri (November 01, 1823) 1823 This was an action of replevin, to recover a slave. Plea, property in the defendant; verdict and judgment for the defendant. This writ of error was brought by Joel Childers, the plaintiff in the court below. There is no suggestion of the death of the plaintiff, and yet the assignment of errors is by a person styling himself executor. Regularly,... Most Relevant Cases  
Chouteau v. Chevalier 1 Mo. 343, Supreme Court of Missouri (October 01, 1823) 1823 This was an action of replevin, brought by the appellee for a negro slave boy named Paul. After a variety of pleadings, issues were joined on the following pleas. first, non cepit to two counts; second, property in the defendant; verdict for plaintiff, $500 damages. During the trial of the cause two bills of exceptions were filed to the opinion of... Most Relevant Cases  
City Council v. Van Roven 2 McCord 465, Constitutional Court of Appeals of South Carolina (May 01, 1823) 1823 The evidence, to convict a person under the 13th clause of an Ordinance of the City of Charleston, of 1815, prohibiting retailers of liquors from selling to persons of color, or admitting them into their premises, after certain hours, is sufficient if it be proved that such persons were seen in such shop, after such hour, drinking spirits and... Most Relevant Cases  
Clancy v. Dickey 2 Hawks 497, Supreme Court of North Carolina (December 01, 1823) 1823 This is a motion on the part of the Defendants, for a new trial, on the ground of misdirection in the Court, which is alleged to have occurred on one point, viz. in refusing to instruct the Jury, that the Plaintiffs were not entitled to recover for the infant Nancy, her proportion of the value of the negro slaves, because Dickey never received them... Most Relevant Cases  
Commonwealth v. Griffith 2 Pick. 11, Supreme Judicial Court of Massachusetts (October 01, 1823) 1823 A slave belonging to a person in Virginia, escaped into this State; after which the owner died. It was held, that by U. S. Laws, 2 Cong. 2 Sess. c. 7, the slave might be seized without a warrant, in order to be taken before a judge &c., and that that statute was not unconstitutional; that the administrator of the deceased, being by the law of... Most Relevant Cases  
Cooke v. Cooke 3 Litt. 238, Court of Appeals of Kentucky (April 22, 1823) 1823 AN APPEAL FROM A JUDGMENT OF THE SHELBY CIRCUIT COURT. A slave can not be emancipated by a nuncupative will, nor by an executory or conditional instrument in writing. Statement of the case. William Cooke entered into an agreement with his slave, Peter, to emancipate him, on the payment of two hundred and fifty dollars; or rather, the contract was... Most Relevant Cases  
Cowan v. Green 2 Hawks 384, Supreme Court of North Carolina (June 09, 1823) 1823 A mortgage not registered in time, is ineffectual against purchasers subsequent to the mortgage whose conveyances are registered before the mortgage. This was an action of detinue for a negro slave, tried before Daniel, Judge. The slave had belonged to Andrew McBride, who made and executed a mortgage deed to the Plaintiff, of the slave, dated... Most Relevant Cases  
Crapster v. Griffith 6 H. & J. 144, Court of Appeals of Maryland (June 01, 1823) 1823 Where a complainant has established his right to certain negro slaves, he can by a new bill recover the value of the issue born after the first bill was filed, and not ineluded in the former deeree He is also entited to the value of the services of such slaves from the time of the auditor's statement, down to the period of their actual delivery... Most Relevant Cases  
Davidson v. Beard 2 Hawks 520, Supreme Court of North Carolina (December 01, 1823) 1823 A. mortgaged certain slaves to B. and retained possession of them. After the execution of the mortgage, A. contracted a debt with C. who sued him, recovered judgment and had his execution levied on the slaves in A's possession. C. at the time the debt to him was contracted, had no knowledge of the mortgage, but at the time of the levy, both C. and... Most Relevant Cases  
Devers, to Use of Devers v. Becknell 1 Mo. 333, Supreme Court of Missouri (September 01, 1823) 1823 This was an action of detinue for some negro slaves, tried in the Howard Circuit Court; plea, non detinet; verdict for defendant. The plaintiff, to support his action, offered in evidence a power of attorney from his father, William Devers, who was the owner of the slaves, authorizing him to sue for them. This power of attorney was objected to by... Most Relevant Cases  
Duvall v. State 6 H. & J. 9, Court of Appeals of Maryland (June 01, 1823) 1823 In a criminal prosecution against a person for giving a pass to a slave contrary to the act of 1796, ch, 67, s. 19, the loss of service by the master must be averred in the indictment The giving a pass to a slave is prohibited by the act of assembly as one of the means only by which the offence of depriving the master of the service of the slave... Most Relevant Cases  
Elkison v. Deliesseline Brunn.Coll.C. 431, Circuit Court, D South Carolina (August 01, 1823) 1823 This was a case of an arrest of a British seaman, under the third section of an act of the state of South Carolina, entitled An act for the better regulation of free negroes and persons of color, and for other purposes, passed in December, 1822. Most Relevant Cases  
FORFEITURE OF VESSELS IN THE SLAVE TRADE. 1 U.S. Op. Atty. Gen. 618 (August 20, 1823) 1823   Most Relevant Administrative Decisions & Guidance  
Gardner v. Simpson 2 Cranch C.C. 405, Circuit Court, District of Columbia (April 01, 1823) 1823 Petition for freedom. Upon the trial, the petitioner's counsel took a bill of exceptions, which stated that he offered evidence to prove that the petitioner [Vincent Gardner, a negro] was residing in the city of Washington previous to Christmas, 1821, and continued so to reside till the end of the year 1822. That the defendant [Thompson Simpson]... Most Relevant Cases  
Gilky v. Dickerson 2 Hawks 341, Supreme Court of North Carolina (June 01, 1823) 1823 This Court will grant a new trial, because the facts, as stated, are very imperfectly set forth. When an execution is issued, it creates a lien upon the slaves of Defendant from the teste, so that he himself cannot dispose of them. When an alias fi. fa. is issued, this lien has relation to the teste of the first fi. fa. If an execution be levied on... Most Relevant Cases  
Gordon v. Farquhar Peck 155, Supreme Court of Errors and Appeals of Tennessee (June 01, 1823) 1823 A person who believes himself to be the owner of a slave may recapture him without incurring the penalty of 1799, 28, 2, against enticing a servant or slave from the owner's service. (But see Marshall v. Pennington, 8 Y., 430, where this case is commented on.) This was a warrant in debt, before a justice of the peace, for fifty dollars, founded on... Most Relevant Cases  
Gregory's Adm'r v. Marks' Adm'r 1 Rand. 355, Supreme Court of Appeals of Virginia (March 17, 1823) 1823 A man dies intestate, leaving a widow and three infant children. The widow marries a second husband. Two of the children die under age, leaving the slaves, derived from their father, to be divided between their mother and the surviving child. The mother and her second husband bring a friendly suit in chancery, against the administrator and... Most Relevant Cases  
Hamilton v. Cragg 6 H. & J. 16, Court of Appeals of Maryland (June 01, 1823) 1823 R T, by her will, bequeathed to S T five negroes by name, during her natural life, them and their increase, and that after the death of S T. the above named negroes be free--Held, that the words the above named negroes. were intended to be used as words of description, and apply to all who were the subject of the bequest the issue as... Most Relevant Cases  
Henderson's Adm'rs v. Clarke 4 Litt. 277, Court of Appeals of Kentucky (November 26, 1823) 1823 Matthew Henderson, a resident of Philadelphia, there died, and letters of administration were granted to his widow and another in that city, by the proper authority. He held or claimed some slaves in the county of Jessamine in this state, at his death, and the county court of that county, granted letters of administration to the present plaintiff... Most Relevant Cases  
Hume v. Breck 4 Litt. 284, Court of Appeals of Kentucky (November 27, 1823) 1823 This was an action for the trover and conversion of a slave, in which the appellees were plaintiffs and the appellant defendant in the court below. The general issue was pleaded, with leave to give the special matter in evidence. On the trial the plaintiffs proved that the slave in question had been the property of Robert E. Kelley, and they... Most Relevant Cases  
Jones v. Zollicoffer 2 Hawks 623, Supreme Court of North Carolina (December 01, 1823) 1823 A testator, by his will, gave to his wife the use of certain slaves for her life, and after her death the slaves were directed to be divided among testator's children; the wife and one of the testator's children were made executors; the wife took the property as legatee, and for her own benefit, sold one of the slaves, and three of the children... Most Relevant Cases  
Jordan v. Sawyer 2 Cranch C.C. 373, Circuit Court, District of Columbia (April 01, 1823) 1823 This was a petition for freedom [by the negro William Jordan]. Most Relevant Cases  
Lewis v. Night 3 Litt. 223, Court of Appeals of Kentucky (April 21, 1823) 1823 WRIT OF ERROR ON A JUDGMENT OF THE HARRISON CIRCUIT COURT. 1. By marriage, the wife's interest in slaves vests in her husband. 1. 2. In an action of detinue, brought by heirs to recover a slave, if it shall appear on the trial that any one of the plaintiffs was divested of his or her interest in the slave, before suit was brought, no recovery can... Most Relevant Cases  
Lillard v. Robinson 3 Litt. 415, Court of Appeals of Kentucky (June 13, 1823) 1823 Statement of the case. This is an appeal from a judgment rendered against ??the present appellants, in an action of detinue brought ??by them in the circuit court, to recover from the appellee the possession of four slaves. Both parties claim the better right to the slaves, ??through the following will of Thomas Freeman, deceased, viz: It is my... Most Relevant Cases  
Lyles v. Sims Harp. 42, Constitutional Court of Appeals of South Carolina (November 01, 1823) 1823 An Executrix having a right to the possession of an estate for life or widowhood, purchased slaves with the mesne profits. Held that they were her individual property, and not a part of the estate, and this notwithstanding her declarations that they were purchased for the estate. Most Relevant Cases  
McCall v. Smith 2 McCord 375, Constitutional Court of Appeals of South Carolina (May 01, 1823) 1823 A. sold a negro to B. and took his note with C. as security for a part of the purchase money. Judgment was obtained on the note, but it was not satisfied; the court Held that in an action by B. against A. for a fraud in the sale of the negro, C. was an incompetent witness. Most Relevant Cases  
McGhee v. Ellis 4 Litt. 244, Court of Appeals of Kentucky (October 22, 1823) 1823 FROM THE PENDLETON CIRCUIT COURT, THE HON. JOHN TRIMBLE SOLE JUDGE. Under an execution in favor of M'Ghee (the plaintiff in error), against Micajah Browning, the sheriff seized and sold a negro boy slave, as the property of Browning, and Ellis, the defendant in error, became the purchaser, at three months' credit, and executed his bond with... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Meeker v. Childress Minor 109, Supreme Court of Alabama (June 01, 1823) 1823 INDEBITATUS assumpsit by Meeker against Childress, for medical services rendered to his slave--general issue--Verdict entered: We the jury find the defendant. Judgment thereon for defendant in the usual form. A bill of exceptions taken on the trial, states That Childress, residing at Tuskaloosa, hired the slave for a year to Edward... Most Relevant Cases  
Moore v. Willis 2 Hawks 555, Supreme Court of North Carolina (December 01, 1823) 1823 Smith was a purchaser for a valuable consideration from Pittman, who was in possession of the negro, under a deed from George Moore. Pittman was a creditor of George when the exchange took place, and one of those whom the conveyance to John Moore was designed to defraud; it was, consequently void against him, and he might have levied his execution... Most Relevant Cases  
O'Fallon v. Elliott 1 Mo. 364, Supreme Court of Missouri (November 01, 1823) 1823 The plaintiff in this cause filed his petition in the Circuit Court of St. Louis county, to foreclose a mortgage given by the intestate to him on two negroes, to secure the payment of a sum of money, at a day long since passed; and, having taken the steps provided by our statutes for obtaining a decree for foreclosing of mortgages, moved the court... Most Relevant Cases  
Owens v. Ford Harp. 25, Constitutional Court of Appeals of South Carolina (November 01, 1823) 1823 A slave was sold, who had before committed burglary; the fact being unknown, both to seller and purchaser. After the sale, he was convicted, and his ears cropped. Held that the implied warranty did not extend to the loss of value thereby occasioned. Most Relevant Cases  
Peter v. Commonwealth 2 Va.Cas. 330, General Court of Virginia (June 01, 1823) 1823 This was an application for a Writ of Error to a judgment of the Superior Court of Law for Hampshire county. At a Court of Oyer and Terminer, held by the Justices of Hampshire county, on the 18th November, 1822, for the trial of Peter, a slave, for the murder of William Poling, he, the said Peter, was convicted of the murder, and sentenced to be... Most Relevant Cases  
Potter v. Gratiot 1 Mo. 368, Supreme Court of Missouri (November 01, 1823) 1823 This was an action of trover, for some negroes, brought by Potter v. Gratiot and Stokes. Judgment, in the court below, for defendants. Since the rendition of that judgment, Stokes has died. A writ of error has been taken out against Gratiot and Stokes--the death of Stokes suggested, and the writ of error prosecuted against Gratiot alone, without... Most Relevant Cases  
Ramsey v. Waters 1 Mo. 406, Supreme Court of Missouri (November 01, 1823) 1823 This was an action of replevin, for some negroes, brought by the plaintiff in error, against the defendants, in the Circuit Court of Cape Girardeau county. The defendants pleaded three pleas: First--that the property of the negroes was in John Waters, one of the defendants, and others as the heirs of Thomas W. Waters, deceased. Second--that the... Most Relevant Cases  
Rector v. Chevalier 1 Mo. 345, Supreme Court of Missouri (October 01, 1823) 1823 This was an action of replevin, brought by the appellee against Little, in his lifetime, for a negro woman slave; to which he pleaded non cepit, and property in himself, and the proper issues joined. Little having died before any trial had in the cause, and his death suggested on record, further proceedings were had therein against Rector, as his... Most Relevant Cases  
Reed v. Price Harp. 3, Constitutional Court of Appeals of South Carolina (November 01, 1823) 1823 Action on a promissory note. Defence, failure of consideration. The note was given for negroes. They were proven to have been, about twenty-seven years ago, the property of B. who died about that time, leaving other slaves, and a wife, two sons and a daughter. After B's death, the negroes went into the possession, and have since continued in the... Most Relevant Cases  
Rice ads. Spear Harp. 20, Constitutional Court of Appeals of South Carolina (November 01, 1823) 1823 W. H. residing in Virginia, by his will directs his negro slave, C. to be free after the expiration of his apprenticeship. To this the executors assent, the estate being, independently of this property, solvent; and C. is suffered to go at large as a freeman. C. is afterwards levied upon and sold, under a fi. fa. against the executors of W. H. Held... Most Relevant Cases  
Rust v. Larue 4 Litt. 411, Court of Appeals of Kentucky (January 01, 1823) 1823 FROM THE HARDIN CIRCUIT COURT, THE HON. PAUL I. BOOKER SOLE JUDGE. Rust, the present appellant, filed his bill against Larue, the appellee, for the purpose of redeeming some slaves and other articles held by Larue as a pledge. The court below sustained the claim of redemption, and on an appeal to this court, the same right was sustained; but the... Most Relevant Cases  
Smith v. Hoff 1 Cow. 127, Supreme Court, New York (January 01, 1823) 1823 An agreement, by a master, with his slave, that he may work out his freedom, by earning and paying 80l. tho' the slave leave his service, and actually earn and pay a part of the money, and refuse to return on being ordered back by his master, for default of paying the residue, does not amount to a manumission. Such an agreement is conditional, and... Most Relevant Cases  
State v. Calder 2 McCord 462, Constitutional Court of Appeals of South Carolina (May 01, 1823) 1823 A negro servant, (slave) with two white persons, may commit a riot. Where persons, unknown, with the person indicted were necessary to constitute the offence of a riot, they should be stated to be unknown, and so proved: If known, it should have been stated who they were. Where it incidentally came out on the examination that the domesticks (slaves... Most Relevant Cases  
State v. Counsil Harp. 53, Constitutional Court of Appeals of South Carolina (November 01, 1823) 1823 Indictment under Stat. 1. Anne, St. 2. c. 9. for a misdemeanor in receiving stolen goods. The goods had been stolen by a slave, who was convicted of the larceny, before a court of magistrates and freeholders, and sentenced to be whipped. Held, that as the principal had been convicted, the indictment could not be sustained under the statute; nor as... Most Relevant Cases  
State v. Hale 2 Hawks 582, Supreme Court of North Carolina (December 01, 1823) 1823 A battery committed on a slave, no justification, or circumstances attending it, being shewn, is an indictable offence. But every battery on a slave is not indictable, because the person making it may have matter of excuse, or justification, which would be no defence for committing a battery on a free person. Each case of this sort must, in a great... Most Relevant Cases  
State v. Mazyck 2 McCord 473, Constitutional Court of Appeals of South Carolina (May 01, 1823) 1823 Under the act, laying a fine upon the planter of fifty cents per month upon each working slave, if he owns ten, and employ not a white man or reside on the place, the penalty for the whole year may be recovered; and the penalty (or penalties) for the first six months is not barred. The penalty attaches at the end of the year at the rate of fifty... Most Relevant Cases  
State v. Reed 2 Hawks 454, Supreme Court of North Carolina (June 01, 1823) 1823 An indictment for the murder of a slave, which concludes at Common Law, is good. This was an indictment for the murder of a slave, which concluded at Common Law. The prisoner was found guilty, and moved in arrest, because of the insufficiency of the indictment. The motion was overruled and sentence passed, from which the prisoner appealed. I think... Most Relevant Cases  
State v. Taylor 2 McCord 483, Constitutional Court of Appeals of South Carolina (May 01, 1823) 1823 The Statute of limitations confining prosecutions for fines and forfeitures to six months, relates not to the fine inflicted upon a white person for murdering a slave, nor does it seem to relate to the punishment by fine or otherwise of any felony. The act of 1740, to punish the murder of a slave, is not repealed by the act of 1821, taking away... Most Relevant Cases  
Stiles v. Nelly Supreme Court of Pennsylvania (January 01, 1823) 1823 Edward Stiles, the plaintiff in error, claims the service of Nelly, the defendant in error, until she shall be of the age of 28 years. The cause depends on the registry of a negro woman named Rachel (the mother of Nelly), entered in the book for recording of negroes and mulatto servants and slaves, in the county of Cumberland. The register contains... Most Relevant Cases  
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