Title | Citation | Year | Summary | Most Relevant | Type | Status |
Stout v. Jackson |
2 Rand. 132, Supreme Court of Appeals of Virginia (December 15, 1823) |
1823 |
This case presents the question, what is the measure of compensation in the case of a warranty of a freehold estate, and an eviction of the warrantee? This, as far as I am informed, is the first instance in which that question, in an action of covenant, has been presented to the Supreme Judicial Tribunal in Virginia, for adjudication. It is a... |
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The Alexander |
3 Mason 175, Circuit Court, D Massachusetts (May 01, 1823) |
1823 |
Appeal from the district court of the United States for the district of Massachusetts. In admiralty. Libel of seizure [against the brig Alexander, William Booth, claimant,] founded on the slave trade act of 20th of April 1818, c. 86; the act of 22d March 1794, c. 11; and the act of 10th May, 1800, c. 51. At the trial the only count, which was... |
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The Mary Ann |
21 U.S. 380, Supreme Court of the United States (March 01, 1823) |
1823 |
APPEAL from the District Court of Louisiana. This was an allegation of forfeiture, in the Court below, against the brig Mary Ann, for a violation of the act of March 2d, 1807, c. 77. prohibiting the importation of slaves into any port or place within the jurisdiction of the United States, from and after the 1st. day of January, 1808. The libel... |
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Thomas v. White |
3 Litt. 177, Court of Appeals of Kentucky (April 17, 1823) |
1823 |
Statement of the case. George Thomas filed this bill, alleging that his grandfather, Daniel White, had made his will in Virginia, and devised to his son, William White, the only child then living of his slave Betty, and the next child that should be born, to his mother, Mary White, the slave being then pregnant, and that she had a child shortly... |
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Thompson v. Caldwell |
3 Litt. 136, Court of Appeals of Kentucky (April 15, 1823) |
1823 |
Statement of the case. This suit was brought in chancery by the present complainants, to recover one ninth part of a negro woman called Nan, and her increase. They charge, that the negroes were willed by Martin Hardin, the rightful owner, in 1780, to the children of Charles and Lydia Wickliffe, deceased of whom, they allege their deceased mother,... |
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Triplett v. Micou |
1 Rand. 269, Supreme Court of Appeals of Virginia (January 18, 1823) |
1823 |
The declaration in this case alleges, that both of the defendants covenanted to pay the money and return the negroes well-clothed. The suit abated, as to one of the defendants, and the appearance bail of the other defendant pleaded payment; to which there was a general replication. The verdict finds, that the surviving defendant hath not paid the... |
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U S v. Ellick |
2 Cranch C.C. 412, Circuit Court, District of Columbia (May 01, 1823) |
1823 |
This was an indictment of [negro Ellick] a slave, for an assault and battery upon Henry Shortle, a white man. The jury found him guilty, and assessed the fine at $23. |
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U S v. Randall |
2 Cranch C.C. 412, Circuit Court, District of Columbia (May 01, 1823) |
1823 |
Indictment [against the negro Randall] for a rape on Maria Scheals. After the jury was sworn, and the attorney for the United States had advanced considerably in opening the case, John Morgan, a quaker, one of the jurors, asked the court to excuse him from serving on the jury in this case, as he could not, consistently with his feelings, serve in a... |
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U S v. Richard |
2 Cranch C.C. 439, Circuit Court, District of Columbia (November 01, 1823) |
1823 |
Indictment for stealing planks, the property of Mr. James McGuire, a lumber merchant. The prisoner [the negro Richard], upon a promise that he should not be prosecuted, was induced to confess his guilt, and to go and return the stolen articles, and to select those which belonged to Mr. McGuire. |
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U.S. v. Brockett |
2 Cranch C.C. 441, Circuit Court, District of Columbia (November 01, 1823) |
1823 |
The indictment charged that the defendant [Robert Brockett, Sr.], in and upon one negro slave, named Nat. the property of him, the said Robert Brockett, Sen., in the peace of God and of the United States, then and there being, did make an assault, and him, the said negro Nat, did then and there cruelly, inhumanly, and maliciously, cut,... |
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U.S. v. Thompson |
2 Cranch C.C. 409, Circuit Court, District of Columbia (May 01, 1823) |
1823 |
Indictment for assault and battery on Leonard Adams, a constable, who came to the assistance of R. Stevens, a constable, to take the defendant upon a warrant from N. S. Wise, a justice of the peace for this county, upon a charge, upon the oath of Samuel Thompson, of having violently beaten negro Griffin, the slave of Jonah Thompson. The warrant was... |
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Watts v. Hunn |
4 Litt. 267, Court of Appeals of Kentucky (November 25, 1823) |
1823 |
To be relieved against a judgment at law, Anthony Hunn, the defendant in error, exhibited this bill, alleging that the note on which the judgment was founded, was executed to secure part of the consideration to be paid by him, for a family of slaves, which were known to be somewhat diseased; but the plaintiffs in error had represented the dis??ases... |
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Williams v. Dorsey |
4 Litt. 265, Court of Appeals of Kentucky (November 24, 1823) |
1823 |
This was a bill in chancery, filed by Dorsey against Burch and Williams, in which he alleges that he purchased of them a negro man at the price of $500, which he paid; and that the slave, at the time of his purchase, was subject to fits, and laboring under a consumption, of which they were apprised, and fraudulently concealed his unsoundness from... |
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Young v. Com. |
2 Va.Cas. 328, General Court of Virginia (June 01, 1823) |
1823 |
In prosecutions under Statutes, which declares that persons being free, shall be punished in a particular manner, different from that prescribed for slaves, it is unnecessary to charge in the Indictment the prisoner as being free: for the description of the person in such cases, does not enter into, nor make part of the... |
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Aldridge v. Com. |
2 Va.Cas. 447, General Court of Virginia (June 01, 1824) |
1824 |
An Indictment for grand larceny, charged the goods to have been stolen on the 21st December, one thousand eight hundred and twenty-thee, leaving out the r, in the last word. This is cured by the Statute of Jeofails. The third section of the Act of February 21st, 1823, embraces the case of grand larceny, when committed by free negroes and mulattoes,... |
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Alice v. Morte |
2 Cranch C.C. 485, Circuit Court, District of Columbia (May 01, 1824) |
1824 |
In equity. The complainant, Alice, was a mulatto woman, who was claimed by the defendant Peter Morte, as his slave, and who was about to be carried away into the southern states, when she claimed her freedom, and complained to Mr. Hoffman, a justice of the peace, who, under a statute of Virginia, in force in the county of Alexandria, detained her,... |
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Ayres v. Parks |
3 Hawks 59, Supreme Court of North Carolina (June 01, 1824) |
1824 |
Where words, importing a warranty of soundness, are inserted in a conveyance of slaves, the Court will not consider them as a bare affirmation, which does not amount to a warranty, unless it appears in evidence to have been so intended, but will deem them part of the contract, as otherwise they would not have been inserted. These words, viz.... |
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Ben v. Peete |
2 Rand. 539, Supreme Court of Appeals of Virginia (June 12, 1824) |
1824 |
The sole question put in issue by the pleadings, is the freedom of the plaintiffs. If they can establish, by legal evidence, their title to freedom, they must succeed. If they be slaves (no matter to whom,) they must fail. To prove their right, they rely on a deed of emancipation, executed by Pennington, their former master, dated the 25th of June,... |
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Berry v. Glover |
Harp.Eq. 153, Court of Appeals of Equity of South Carolina (April 01, 1824) |
1824 |
Complainant's intestate being indebted to defendants on a judgment, executed to defendants a bill of sale for a slave. Defendants at the same time executed an instrument promising to account for the amount in three years, without being accountable for wages; if the slave should die in the mean time, the intestate to be the loser. Held that the... |
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Braydon v. Goulman |
1 T.B.Mon. 115, Court of Appeals of Kentucky (October 14, 1824) |
1824 |
Practice, Conditional Sales, Mortgages, Usury, Evidence. ERROR TO THE FRANKLIN CIRCUIT; HENRY DAVIDGE, JUDGE. Statement of the case. Braydon declared in assumpsit, against Goulman, ??n two counts, one for money had and received to his ??se, the other for a certain sum, for the hire of a cer??ain negro man slave, the property of the... |
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Brittain v. Israel |
3 Hawks 222, Supreme Court of North Carolina (December 01, 1824) |
1824 |
When the purchaser of a slave has, at the time of his purchase, as full knowledge of a defect in the slave as the seller has, no matter how he obtained his knowledge, he cannot afterwards recover for such defect. THIS was an action on the case, for a deceit in the sale of a negro, tried before Badger, Judge. The negro in question had been sold by... |
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Bruton v. Cannon |
Harp. 389, Constitutional Court of Appeals of South Carolina (November 01, 1824) |
1824 |
On a rule against the sheriff to shew cause why he had not made the monies on certain executions, he returned that before the lodging of the executions, defendant had mortgaged certain slaves to one R. but that the mortgage was not recorded; that the slaves had been sold by him (the sheriff) and that the money was in his hands, to be paid to the... |
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Byrd v. Byrd |
2 Brock 169, Circuit Court, D Virginia (November 01, 1824) |
1824 |
This suit is brought for the distribution of the estate of William Byrd, deceased, among his legatees. The testator by his last will, created, in the first instance, a fund consisting of a tract of land, one hundred negroes, and other personal property, for the payment of his debts. He then gives to his wife, for life, the plantations of Westover... |
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Calder v. Deliesseline |
Harp. 186, Constitutional Court of Appeals of South Carolina (January 01, 1824) |
1824 |
The act of assembly of 1822, authorizing sheriffs to seize free negroes or persons of color on board vessels coming into port, and to detain them 'till the vessel is ready to depart, does not relate to slaves. |
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Carsten v. Murray |
Harp. 113, Constitutional Court of Appeals of South Carolina (January 01, 1824) |
1824 |
An Action on the case cannot be maintained for an injury done by beating the plaintiff's slave. Trespass, vi et armis, is the only proper remedy. |
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Chasteen v. Ford |
5 Litt. 268, Court of Appeals of Kentucky (June 01, 1824) |
1824 |
This was an action of trespass, assault and battery and false imprisonment, brought against Alice Chasteen, by Daniel Ford, a man of color, to recover his freedom. A slave was willed to be free at 25 years of age; a suit in chancery, contesting the validity of the will, was commenced before he arrived at that age; the will was declared invalid, by... |
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Chatham Tp. v. Canfield's Ex'rs |
8 N.J.L. 52, Supreme Court of Judicature of New Jersey (January 01, 1824) |
1824 |
The court are of opinion, that negro William was, according to the evidence in the cause, the slave of Samuel Canfield, and therefore the judgment of the Court of Common Pleas ought to be reversed. Judgment reversed. |
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Chick v. Smith |
Harp.Eq. 298, Court of Appeals of Equity of South Carolina (December 01, 1824) |
1824 |
Bill to set aside the sale of two slaves, sold under execution as the property of defendant, S. to defendant C. The slaves were bequeathed, with others, to defendant L. (wife of S.) and her brother, on certain contingencies, and no partition had been made between them. Bill charged that complainant, as guardian of L. and her brother, on the... |
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Chinn v. Respass |
1 T.B.Mon. 25, Court of Appeals of Kentucky (October 07, 1824) |
1824 |
Slaves, Descent, Will, Devise, Co-Tenants. APPEAL FROM THE BOURBON CIRCUIT; JAMES CLARK, JUDGE. Statement of the case. This was an action of detinue for sundry slaves. The cause was tried upon the general issue, with leave to give special matter in evidence. On the trial, it appeared that in the year 1777, Isaac Hickman died possessed, amongst... |
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Com. v. Booth |
2 Va.Cas. 394, General Court of Virginia (June 01, 1824) |
1824 |
Qure. Can a master be Indicted for beating his own slave cruelly and inhumanly, and beyond the bounds of moderation? An Indictment which charges the Defendant with beating the slave of R. F. (in the common form,) will not support a prosecution against the Defendant for beating the same slave of R. F. during the time he was hired to the... |
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Commonwealth v. Barker |
Supreme Court of Pennsylvania (January 01, 1824) |
1824 |
Where the registry of a negro child, under the act of 29th of March 1788, does not state the occupation of the master, parol proof may be given, that he had no occupation at the time of the registry; but, if the evidence leave that fact in doubt, the registry is not good. THIS was a habeas corpus, to produce the body of Frank, a mulatto boy, whom... |
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Corse v. Patterson |
6 H. & J. 153, Court of Appeals of Maryland (June 01, 1824) |
1824 |
This is an appeal from the judgment of the court of Kent county, in an action of replevin brought by Henry Patterson, (the appellee,) against James Corse, (the appellant,) for two negro boys. At the trial of which, upon issues joined on the two pleas of non cepit, and property in the defendant, two bills of exceptions were taken on the part of the... |
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Ex parte Perry |
Harp.Eq. 50, Court of Appeals of Equity of South Carolina (March 01, 1824) |
1824 |
Rule against the master, to shew cause why he had not paid over the proceeds of slaves sold by him. There being no order of court authorizing him to make the sale, it was held that if he had done so, it was an act in his own individual capacity, for which he is not liable on a rule. Evidence could not be received to establish the fact of his having... |
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Ex parte Richardson |
Harp. 308, Constitutional Court of Appeals of South Carolina (March 01, 1824) |
1824 |
A Slave was tried for a misdemeanor by a justice of peace and two freeholders, sentenced and imprisoned. The freeholders in this case had not been summoned by warrant under the hand and seal of the justice; and one of them did not reside in the county where the offence was charged to be committed, nor had any freehold there. Held that the court was... |
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Fowler v. Barksdale |
Harp.Eq. 164, Court of Appeals of Equity of South Carolina (April 01, 1824) |
1824 |
E. A. had mortgaged a slave to complainant. There were in the hands of the defendant, a sheriff, an execution senior to complainant's mortgage, and others, junior. The mortgaged slave was by direction of the plaintiff, sold under the senior execution, and all the other property of E. A. sold under the junior executions. Decreed that the senior... |
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Frank v. Denham's Adm'r |
5 Litt. 330, Court of Appeals of Kentucky (June 11, 1824) |
1824 |
FROM THE PULASKI CIRCUIT COURT, THE HON. JOHN L. BRIDGES SOLE JUDGE. This was an action of debt, brought by the administrator of William Denham, deceased, upon a sealed writing executed by free Frank and Lucy, stipulating for the payment of two hundred and twelve dollars to the intestate. Free persons of colour may contract marriages, and a bond... |
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Franklin v. Creyon |
Harp.Eq. 243, Court of Appeals of Equity of South Carolina (December 01, 1824) |
1824 |
Copy of will certified by the clerk of the county court, admitted in evidence, upon proof that the original, at the dissolution of those courts, was deposited in the office of the clerk of the district court, which was afterwards burnt. Complainant's grand-mother gave her by will a female slave, not to be subject to the debts or contracts of... |
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Free Jack v. Woodruff |
3 Hawks 106, Supreme Court of North Carolina (June 01, 1824) |
1824 |
The judgment and proceedings on this writ of error, in the Salisbury Superior Court, reversing the judgment of Surry County Court, by which Jane Scott and her children were restored to their liberty, was introduced by the Defendant to prove that the Plaintiff was a slave, he being a son of Jane Scott. In rendering judgment on the writ of error, the... |
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Gaines v. Hampton |
1 T.B.Mon. 230, Court of Appeals of Kentucky (December 17, 1824) |
1824 |
Pleading, Executors, &c., Immaterial Issues, Repleaders, Error. ERROR TO THE CLARK CIRCUIT; JAMES CLARK, JUDGE. This was an action on the case brought by Gaines as executor of Jackson, against Hampton as administrator of Holliday for a deceit alleged to have been committed by Holliday in his lifetime, in regard to the title of a slave sold by him... |
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Gayle v. Cunningham |
Harp.Eq. 124, Court of Appeals of Equity of South Carolina (April 01, 1824) |
1824 |
As the case of Gayle and Cunningham, which is referred to in the foregoing case, deciding that the issue of a female slave born after the making of the will, pass under a bequest of the mother to the legatee, is of considerable importance and has never been publishedit is thought proper to annex it here. The reporter is indebted to T. Bee,... |
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Gazoway v. Moore |
Harp. 401, Constitutional Court of Appeals of South Carolina (November 01, 1824) |
1824 |
Defendant gave plaintiff a note for $80, for the hire of his negro man A. Held that it was not competent for plaintiff to prove a verbal stipulation to pay an additional sum, if cotton should bear a certain price. |
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Gilkey v. Dickerson |
3 Hawks 293, Supreme Court of North Carolina (December 01, 1824) |
1824 |
An execution binds property from its teste, so that no sale of it after execution issues, is valid against the execution. It is not necessary that a sheriff should absolutely touch personal property, or remove it out of defendant's possession, to constitue a levy; but the mere delivery by a defendant of a list of his negroes to the sheriff, is no... |
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Gordon v. Finlay |
3 Hawks 239, Supreme Court of North Carolina (December 01, 1824) |
1824 |
Although I think the defendant has no right to the negro in question, I think the plaintiff has no right to recover in her individual name, because she does not show a right to the negro in that character. Perhaps if the negro had been taken out of her possession by the defendant, she might have maintained an action for him without naming herself... |
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Haddix's Heirs v. Haddix's Adm'rs |
5 Litt. 201, Court of Appeals of Kentucky (May 28, 1824) |
1824 |
FROM THE NELSON CIRCUIT COURT. In 1801, Daniel Haddix departed this life, leaving a widow and two infant children. At the time of his death, Daniel Haddix was possessed of a negro woman and other property, and administration of his estate was granted, by the proper authority, to his widow and her brother, William Mason. The negro woman was... |
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Hanion v. McCall |
Harp.Eq. 170, Court of Appeals of Equity of South Carolina (April 01, 1824) |
1824 |
Four slaves in dispute, with other slaves and land, were devised to complainant, by her brother O. D. deceased. This property was settled on her, previously to her marriage with her late husband in 1814, and the deed of settlement recorded in Georgetown, where the parties lived: Held that the deed was void as to creditors, for want of being... |
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Harris v. Paynes |
5 Litt. 105, Court of Appeals of Kentucky (April 16, 1824) |
1824 |
FROM THE WARREN CIRCUIT COURT. This was an action of trespass, brought by William R. and Tulley R. Payne, against David Harris, sheriff of Allen county. The declaration contains several counts, in each of which it is alleged that the defendant took and carried away two slaves, Michael and Darchee, of the plaintiffs'. Trespass by W. and T. against a... |
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Haynesworth v. Cox |
Harp.Eq. 117, Court of Appeals of Equity of South Carolina (April 01, 1824) |
1824 |
Testator, by his will, gives his niece four slaves, or in lieu thereof one thousand dollars, as my brother John (his executor) might think best: Held that the election was given for the benefit of the legatee; and it being shewn that the slaves were of more value than the $1000, she had a right to take them. The will provides my household... |
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Head v. Perry |
1 T.B.Mon. 253, Court of Appeals of Kentucky (December 20, 1824) |
1824 |
Statement of the case. In the year 1784, Benjamin Head made his will and therein devised all his estate, of every kind, to his wife, during her life or widowhood, and on her death or marriage, his land, a negro man slave, and a few other articles were to pass to his son Benjamin, and his stock and household furniture were to be equally divided... |
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Hilliard v. Dortch |
3 Hawks 246, Supreme Court of North Carolina (December 01, 1824) |
1824 |
When a slave is hired, and is killed during the period for which he was hired, case for damages against the person killing is the proper remedy for the owner. THIS was an action on the case brought to recover damages for killing a slave. The slave had been hired by the guardian of the plaintiff, for the year within which he was killed, to some... |
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Inge v. Bond |
3 Hawks 101, Supreme Court of North Carolina (June 01, 1824) |
1824 |
The first count in the declaration charges, that the Defendants, knowing the slave to be unsound, by a false affirmation of his soundness procured a sale of the slave to the Plaintiff. The second, charges, that the Defendants advised the Plaintiff to buy the slave, and falsely affirming him to be sound, procured the Plaintiff to buy him, whereas... |
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