TitleCitationYearSummaryMost RelevantTypeStatus
Chouteau v. Douchouquette 1 Mo. 669, Supreme Court of Missouri (November 01, 1826) 1826 Douchouquette, the appellant, brought an action of trovel against Chouteau, the appellee, in the St. Louis Circuit Court, for the conversion of a slave, in which, upon the plea of not guilty, the jury found a special verdict; on which the court below rendered judgment for the appellant. The appellee then filed his bill in Chancery, and obtained an... Most Relevant Cases  
Colcock v. Goode 3 McCord 513, Court of Appeals of Law and Equity of South Carolina (May 01, 1826) 1826 The doctrine of implied warranty arises as well on a contract for hire as upon the sale of a slave. If a person sell a flock of sheep or drove of horses, the law will not imply a warranty that every member of the flock or drove was sound; but that taken in the aggregate they were so. The same rule will apply to the sale or hire of a gang of slaves.... Most Relevant Cases  
Coles v. Madison County 1 Ill. 154, Supreme Court of Illinois (June 01, 1826) 1826 This is an action of debt brought by the county commissioners of Madison county, for the use of the county, against Edward Coles, for $2,000, as a penalty for bringing into the county, and setting at liberty, ten negro slaves, without giving a bond, as required by an act of the legislature of 1819. To this action, Coles plead the statute of... Most Relevant Cases  
Commonwealth v. Vance Supreme Court of Pennsylvania (January 01, 1826) 1826 The objection to this registry is the want of occupation of James Maxwell, the master, who was an associate justice of the court of common pleas of Franklin county, and is described as James Maxwell, Esq. The act requires the possessor of any child, born after the 1st of March, 1780, and who, by the act for the gradual abolition of slavery, would... Most Relevant Cases  
Finley v. Tyler 3 T.B.Mon. 400, Court of Appeals of Kentucky (December 19, 1826) 1826 Nancy Tyler, a person of colour, brought her action of trespass, assault, battery and imprisonment, asserting her right to freedom, against Travis Finley, and on an issue made involving her freedom or slavery she succeeded. Evidence was given on both sides, conducing to establish the respective claims, and among the rest a witness introduced on the... Most Relevant Cases  
Fox v. Lambson 8 N.J.L. 275, Supreme Court of Judicature of New Jersey (January 01, 1826) 1826 1. If a witness is incompetent because a slave, his declarations even to shew his condition cannot legally be received as evidence. 2. Prior to the act of 1798, a slave might have been manumitted by parol. 3. Though, where a confession or declaration is offered in evidence, a court or jury may on sufficient ground believe part and disbelieve... Most Relevant Cases  
Gale's Heirs v. Miller 3 T.B.Mon. 416, Court of Appeals of Kentucky (December 20, 1826) 1826 Devise. Dower. Slaves. Forfeiture. Infants. Statutes. Purchaser. Construction. ERROR TO THE FRANKLIN CIRCUIT; HENRY DAVIDGE, JUDGE. This writ of error is brought to reverse a judgment recovered by Miller, in an action of detinue brought against him by the heirs of Thomas Gale deceased for two slaves Isabel and Ben. Detinue for two slaves. After the... Most Relevant Cases  
George v. Parker 4 Rand. 659, Supreme Court of Appeals of Virginia (February 14, 1826) 1826 A man removing into this State with his slave, takes the oath required by the law of 1792; but it is doubtful, upon the evidence, whether the oath was taken within sixty days after his removal. After a great lapse of time, it will be presumed that what had been done, was done rightly. But, if it does not appear, by evidence or otherwise, that the... Most Relevant Cases  
Guerrant v. Anderson 4 Rand. 208, Supreme Court of Appeals of Virginia (May 17, 1826) 1826 If a Sheriff sell under execution a slave mortgaged by a deed not recorded, and void against the creditor, and he sells and the purchaser buys the property, subject to the claim asserted in the deed; the purchaser takes the slave subject to the payment of the mortgage debt. But if, in such case, the Sheriff sells all the title that he has a right... Most Relevant Cases  
Jackson ex dem. People v. Lervey 5 Cow. 397, Supreme Court, New York (January 01, 1826) 1826 It seems, that at common law a slave could not contract matrimony; and his right to marry in this state depends upon the statute of Feb. 17, 1809, (sess. 32, ch. 44, s. 2; 5 W. 450; 2 R. L. 201.) Hence the child of a slave could not inherit at common law. At common law, a slave was not capable of taking lands either by descent or purchase. But by... Most Relevant Cases  
James' Adm'r v. Neal's Adm'r 3 T.B.Mon. 369, Court of Appeals of Kentucky (October 05, 1826) 1826 APPEAL FROM THE FAYETTE CIRCUIT; JESSE BLEDSOE, JUDGE. Neal hired of James, for the term of one year, a negro man, at the price of two hundred and fifty dollars, and executed two notes, one for fifty dollars, and the other for two hundred dollars. The fifty dollar note was afterwards paid by Neal, and suit was brought upon the other note, and... Most Relevant Cases  
Jennings v. Gibson Walker 234, Supreme Court of Mississippi (June 01, 1826) 1826 Wager of law is abolished by the constitution of this State. The descriptio rei in an action of detinue for a slave has always been deemed sufficient to enable the jury to assess some value, and the amount assessed is immaterial, if the defendant has it in his power to deliver the slave. A new trial is never granted for excessive damages in... Most Relevant Cases  
Knight v. Yarborough 4 Rand. 566, Supreme Court of Appeals of Virginia (December 05, 1826) 1826 The first objection taken to the decree appealed from is, that it affirms the appointment to Nancy H. Knight of four slaves, Ned, Matt, Belinda and her child, to be valid; and this objection is well founded. To the validity of an appointment in pursuance of a general power, not prescribing the mode of appointment, it is necessary that it be made in... Most Relevant Cases  
Little's Adm'r v. Chauvin 1 Mo. 626, Supreme Court of Missouri (May 01, 1826) 1826 This was an action of trover, commenced in the Circuit Court by Little's Administrator, who is appellee, against Chauvin, who is appellant, for the conversion of a female slave, named Sophia. The defendant pleaded not guilty. There was verdict and judgment for the plaintiff, from which an appeal was prayed to this court. The material facts to be... Most Relevant Cases  
Livingston v. Ackeston 5 Cow. 531, Supreme Court, New York (January 01, 1826) 1826 Where one purchased the time of a negro till he was 28, for a valuable and full consideration; both the negro and vendee supposing that he was bound to serve that length of time, though the negro was, in fact, a freeman, no action lies at his suit against the vendee for his services. Under such circumstances, the law will not imply a promise to pay... Most Relevant Cases  
McMichen v. Amos 4 Rand. 134, Supreme Court of Appeals of Virginia (March 01, 1826) 1826 The same strictness, as to form, is not required in actions for freedom, as in other cases. Where the defendant, in such an action, by his plea, protests that the plaintiff is his slave, and that he is not guilty of the assault, &c. the plaintiff replies that by reason of any thing by the defendant in protesting alleged he ought not to be... Most Relevant Cases  
Miller v. Dwilling Supreme Court of Pennsylvania (January 01, 1826) 1826 This was an action of homine replegiando, and the single question is, whether the child of a servant until the age of twenty-eight years, can be held for the same period, and on the same conditions as its mother, who was the daughter of a registered slave. It is a matter of importance, and has been very well argued. The case depends on the act for... Most Relevant Cases  
Moore's Trustees v. Howe's Heirs 4 T.B.Mon. 199, Court of Appeals of Kentucky (April 23, 1826) 1826 In the year 1791, John Dunlap made and published his last will, which contained the following clauses:--I will to my daughter, Jane, one negro girl, named Nan, and issue, also one mulatto boy named, Jack, until he is of the age of twenty-six years; and in that time, to be learned the art and mystery of shoe-maker, and to be taught to read, and... Most Relevant Cases  
Murphy v. Riggs 4 T.B.Mon. 86, Court of Appeals of Kentucky (January 23, 1826) 1826 Statement of facts. Mrs. Murphy was devisee for life of two slaves, with remainder to her children. After the date of the will of her father, but before the death of the testator, negro Absalom was born of the female slave devised to Mrs. Murphy. Upon the death of the testator, Absalom, as well as the slaves devised were delivered over to Mrs.... Most Relevant Cases  
Payne &c. v. Owings &c. 20 Ky. 80, Court of Appeals of Kentucky (January 22, 1826) 1826 Case stated of a bill to enjoin the sale of slaves under an execution against another. The executions of several creditors were levied upon slaves in the possession of Jesse Payne. His children claimed the slaves, under a bill of sale from their father, and obtained an injunction to stay the sales. The creditors resisted the claim of the... Most Relevant Cases  
Riddick v. Cohoon 4 Rand. 547, Supreme Court of Appeals of Virginia (November 16, 1826) 1826 James Cole, in 1799, made his will, by which he gave several specific legacies to his three sisters, Christian Cole, Esther Cole, and Mary Cole, and to his daughter, Betsey Cole, he gave his manor plantation, and lands of all kinds, and four slaves, males and females, and the increase of the females, to her, and her heirs and assigns,... Most Relevant Cases  
Robertson v. Bingley 1 McCord Eq. 333, Court of Appeals of Law and Equity of South Carolina (April 01, 1826) 1826 A new case may exist without involving a new principle. Pending a litigation, equity will interpose to preserve the property in dispute, if the court where it is litigated has not competent powers to protect it. It seems equity may interfere to prevent slaves being carried off pending an action of detinue for them; but not in cases of trover where... Most Relevant Cases  
Sallust v. Ruth 4 Rand. 67, Supreme Court of Appeals of Virginia (February 06, 1826) 1826 The Act of 1778, prohibiting the importation of slaves into Virginia, applies only to those slaves who are brought in with the consent of the owner; and not to those imported by wrong-doers. This was an appeal from the Superior Court of Law of Montgomery county. Ruth and her six children, brought an action of assault and battery against Sallust, to... Most Relevant Cases  
Sam v. Blakemore 4 Rand. 466, Supreme Court of Appeals of Virginia (October 21, 1826) 1826 Appeal from the Superior Court of Lee county. Sam, a man of colour, held in slavery by Blakemore, petitioned the Superior Court for leave to sue for his freedom. This petition was accompanied by several affidavits, and a statement of the case by the counsel, who had been appointed by the Court to conduct the cause on behalf of the petitioner. The... Most Relevant Cases  
Scott v. Waugh Supreme Court of Pennsylvania (January 01, 1826) 1826 Children follow the condition of their mother. The only question on this case stated in the nature of a special verdict, is this--was Nell, the mother of the plaintiff, a slave at the time of his birth? If she was not, the registry would not make him a servant until twenty-eight, and he is a free man. By the act for the gradual abolition of slavery... Most Relevant Cases  
Selby v. Dixon 4 Hawks 424, Supreme Court of North Carolina (June 01, 1826) 1826 I concur in opinion with the Judge below that this bill should be dismissed; the Complainant has no lien on the negro or his value, which is in the possession of the Defendant Havens, either in Law or Equity. Havens became the purchaser when the negro was sold, for valuable consideration; after paying off the debt for which he was sold, he retained... Most Relevant Cases  
Shelby v. Guy 24 U.S. 361, Supreme Court of the United States (March 10, 1826) 1826 The terms beyond seas, in the saving clause of a statute of limitations, are to be construed as equivalent to without the limits of the State where the statute is enacted. Quoere, How far this construction has been adopted by the Courts of Tennessee? Five years bona fide possession of a slave constitutes a title, by the laws of Virginia, upon... Most Relevant Cases  
Starke's Ex'r v. Littlepage 4 Rand. 368, Supreme Court of Appeals of Virginia (June 13, 1826) 1826 This was an action by the appellants against the appellee, for sundry slaves. Upon the trial of the issue of non detinet, the plaintiffs gave in evidence an execution of Fi. Fa. in the name of Mary Norvell against John C. Littlepage, (the defendant in this cause,) Thomas Starke, (the testator of the plaintiffs in this cause,) and John Starke, on... Most Relevant Cases  
State v. Jim 1 Dev. 142, Supreme Court of North Carolina (December 01, 1826) 1826 In an indictment for a rape, the words forcibly and against the will, are necessary. Hence, an indictment for a capital felony, under the act of 1823, not containing those words, was held to be fatally defective. Per TAYLOR, Chief-Justice, a slave on the trial of such an indictment, is entitled to a Jury of slave owners. The Defendant... Most Relevant Cases  
State v. Raines 3 McCord 533, Court of Appeals of Law and Equity of South Carolina (May 01, 1826) 1826 On an indictment for killing a slave in sudden heat and passion contrary to the act of assembly, the jury found a verdict of guilty of manslaughter. Upon which the court held judgment could not be passed. The crime, by act of assembly, of killing a slave in sudden heat and passion, is a different offence from the common... Most Relevant Cases  
Trongott v. Byers 5 Cow. 480, Supreme Court, New York (January 01, 1826) 1826 That a negro works for, and is claimed by one as a slave, is, prima facie, evidence that he is a slave. An agreement by the owner of a negro slave, that the slave shall work for another during his life; provided that if the vendee sell him within two years, he shall pay the vendor one half the purchase money, is a sale of the slave; and though his... Most Relevant Cases  
Trumbo v. Sorrency 3 T.B.Mon. 284, Court of Appeals of Kentucky (October 07, 1826) 1826 Jacob Sorrency's will. Jacob Sorrency by his will, devised to his wife during life, his land, household furniture, horses, hogs, cattle and sheep, and his slaves by name-- the slaves to be disposed of at her death, as she may think proper, except Ails, whom he directs to be set free at the death of his wife. He appointed his wife executrix, but... Most Relevant Cases  
U S v. Calvin 2 Cranch C.C. 640, Circuit Court, District of Columbia (April 01, 1826) 1826 Indictment for a riot, and assault and battery, by slaves, on a constable. Most Relevant Cases  
U.S. v. Williams 3 Cranch C.C. 65, Circuit Court, District of Columbia (December 01, 1826) 1826 Indictment [against Abraham Williams] under the 19th section of the Maryland act of 1796, c. 67, for aiding, assisting, encouraging, and advising the escape of a female slave of W. L. Brent, by means whereof she was put into a stage to be transported out of the District. The words of the act are: Any person who shall be found... Most Relevant Cases  
Whittington v. Roberts 4 T.B.Mon. 173, Court of Appeals of Kentucky (January 31, 1826) 1826 The complainant exhibited his bill to be relieved against a judgment at law, founded on a note executed by him to Francis Jones, who assigned it to Whittington, alleging that after he had given the note, and after it was due to Jones, he sold Jones a negro slave, and it was agreed, at the time of sale, between him and Jones, that the amount of the... Most Relevant Cases  
William v. Van Zandt 3 Cranch C.C. 55, Circuit Court, District of Columbia (December 01, 1826) 1826 Petition for freedom. Upon a former petition against Milburne, judgment was rendered in favor of the petitioner, upon the default of Milburne to rejoin. Milburne had, in that case, disclaimed to hold the petitioner as a slave; to which the petitioner replied certain facts, showing that Milburne had purchased the petitioner, and did claim and hold... Most Relevant Cases  
Allen v. Hays 1 Stew. 10, Supreme Court of Alabama (January 01, 1827) 1827 AN execution, issued at the instance of Hays, had been levied on a slave as the property of John Cox. Lynden Crocker claimed the slave, and entered into bond as required by the statute, with Allen his security, conditioned to return the slave, &c. A trial of the right of property being had, it was adjudged to be in Cox, the defendant to the... Most Relevant Cases  
Allen v. Young 6 T.B.Mon. 136, Court of Appeals of Kentucky (October 27, 1827) 1827 Credibility of Witnesses. Verdict. Evidence. APPEAL FROM THE MONTGOMERY CIRCUIT; S. W. ROBBINS, JUDGE. The verdict as rendered in this case can not be approved, unless credence be given to the evidence of William Caldwell. His testimony is of a confession by Allen to him, that the negro (alleged to have been converted to the use of the defendant,... Most Relevant Cases  
Bailey v. Duncan's Representatives 4 T.B.Mon. 256, Court of Appeals of Kentucky (April 04, 1827) 1827 John Baily and Mary his wife, formerly Mary Duncan, claiming in right of the latter, an interest in the personal estate, slaves and land of Isaac Duncan, Sen., dec'd, exhibited their bill in chancery against Margaret Duncan, the executrix of the last will, &c., of the said Isaac dec'd, and the surviving brothers and sisters of Mrs. Baily, for the... Most Relevant Cases  
Bennett v. Black 1 Stew. 39, Supreme Court of Alabama (January 01, 1827) 1827 IN the Circuit Court of Madison county, Black declared vs. Bennett for a malicious prosecution in having a warrant issued against him, and having him arrested for the crime of robbery, in forcibly taking a negro slave from Bennett's possession, not guilty, and issue verdict and judgement for the plaintiff. On the trial the plaintiff gave in... Most Relevant Cases  
Bibb v. Williams 4 T.B.Mon. 579, Court of Appeals of Kentucky (May 05, 1827) 1827 Upon examination of the various acts of assembly, which relate to the taking of proof and recording of deeds, we are of opinion, that whether the deed be a mortgage of slaves or land, it is proper for the clerk of the county court, where the slaves or land may be, to record the mortgage within sixty days after its execution, provided it be... Most Relevant Cases  
Brown v. Street 6 Rand. 1, Supreme Court of Appeals of Virginia (August 21, 1827) 1827 This seems to me a very plain case. On the 21st of December, 1809, Brown, by written agreement under seal, sold to Street, a tract of land, containing 57 acres, more or less, in the County of Franklin, bounded by the lands of Hancock, Rives, and Brooks, with a grist mill thereunto belonging; for which Street was to pay a negro man called Juba, and... Most Relevant Cases  
Bullitt v. Overfield 2 Mo. 4, Supreme Court of Missouri (December 01, 1827) 1827 This was an action of detinue brought by Overfield against Bullitt, for a negro woman slave and her child. The cause was submitted to the decision of the court below without the intervention of a jury, when judgment was given for Overfield. To reverse which Bullitt has appealed to this court, On the trial of the cause in the Circuit Court, the... Most Relevant Cases  
Byrd v. Ward 4 McCord 228, Court of Appeals of Law and Equity of South Carolina (June 01, 1827) 1827 Upon marriage of a daughter, the mother (the father and husband not being present,) sent a negro with her daughter to assist her and to return after a while. But the slave is permitted by the fatherinlaw to remain with the soninlaw upwards as his own property, and was so considered by every one, the father in the mean time making no claim. Held... Most Relevant Cases  
Chaney v. Cooke 5 T.B.Mon. 248, Court of Appeals of Kentucky (June 26, 1827) 1827 The complainant borrowed of the defendant a sum in paper of the Bank of the Commonwealth, and delivered a negro slave, as a security therefor, by way of mortgage. The slave staid with the defendant two years and three months, and then by some means came to the possession of the complainant; against whom the defendant brought detinue for the slave... Most Relevant Cases  
Clark ads. McDonald 4 McCord 223, Court of Appeals of Law and Equity of South Carolina (June 01, 1827) 1827 Plaintiff's slaves were drowned, by an accident happening to defendants steamboat, he being a common carrier, and the slaves being passengers. Plaintiff brought suit for damages. The judge charged the jury that defendant was liable for the loss of the slaves in the same manner as he would be liable for the loss of goods. Verdict set aside for... Most Relevant Cases  
Commonwealth v. Carver 5 Rand. 660, General Court of Virginia (June 01, 1827) 1827 In general, the judgment of a Superior Court, although in favor of a prisoner, ought to yield to that of the General Court, expressed in an analogous case. A negro slave is a person on whom a free person may commit the offence of malicious or unlawful shooting, stabbing, &c. under the act against those offences, passed 9th February, 1819. This was... Most Relevant Cases  
Curranee v. McQueen 2 Paine 109 (January 01, 1827) 1827 The plaintiff [Curranee, alias Bennett], a colored man, born a slave in the Island of Jamaica, came into the state of Georgia with the defendant, she claiming and holding him as a slave, he then being a minor under the age of twenty-one years. He became of age in January, 1824, and in January, 1826, entered into an agreement with the defendant to... Most Relevant Cases  
Dawson v. Dawson 1 Dev.Eq. 93, Supreme Court of North Carolina (December 01, 1827) 1827 Defective voluntary conveyances, are not aided by a court of Equity; but those rights which vest under them, are protected. Where a tenant in common of slaves, voluntarily conveyed all of a particular kind, which might fall to his share upon a division, and then fraudulently contrived that none of that kind should be allotted to him--a division,... Most Relevant Cases  
Duncan v. Dick Walker 281, Supreme Court of Mississippi (December 01, 1827) 1827 The question involved in this case, was, whether a woman married and domiciled in Louisiana, upon the decease of her husband, could claim her dower in a plantation and slaves according to the laws of this state, or whether the laws of Louisiana would prevail, slaves being moveable property by the laws of this state, but immoveable by the law of... Most Relevant Cases  
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