Title | Citation | Year | Summary | Most Relevant | Type | Status |
State v. Wright |
4 McCord 358, Court of Appeals of Law and Equity of South Carolina (November 01, 1827) |
1827 |
A Slave can commit a felony. By statute of William and Mary, receivers of stolen goods are made accessaries after the fact. Since which statute no indictment as for a misdemeanour at common law can be maintained. So, the receiver of stolen goods from a slave cannot be indicted for a misdemeanour, (except under the statute, 1 Ann c. 9,) but under... |
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Stock v. Parker |
2 McCord Eq. 376, Court of Appeals of Law and Equity of South Carolina (February 01, 1827) |
1827 |
When a tenant for life of slaves dies after the first of March, the slaves employed on the plantation to make the crop, must so continue until the crop is made, which becomes assets in the hands of the executor of the tenant for life, without payment of hire to the remainder-man. The right of dower is a charge upon the lands and not upon the... |
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Thomas v. Tanner |
6 T.B.Mon. 52, Court of Appeals of Kentucky (October 22, 1827) |
1827 |
Error. Practice. Evidence. National Law. Authentication. Executors. Sheriff's Sales. Bona Notabilia. Jurisdiction. Exceptions. APPEAL FROM THE LIVINGSTON CIRCUIT; B. SHACKLEFORD, JUDGE. This was an action of detinue, for sundry slaves, brought by Tanner against Thomas and wife, in the circuit court. The declaration, as originally drawn, contains... |
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Thompson's Adm'r v. Campbell's Adm'r |
6 T.B.Mon. 120, Court of Appeals of Kentucky (October 25, 1827) |
1827 |
Decree and parties. This is an appeal from a decree of the circuit court, dismissing a bill which had been exhibited by the administrator of J. Thompson, deceased, against Matthew Campbell, in his lifetime. The object of the bill is to redeem, and have restored to the administrator of Thompson, several slaves, which are alleged to have been... |
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Toulmin v. Buchanan |
1 Stew. 67, Supreme Court of Alabama (January 01, 1827) |
1827 |
TROVER in the Circuit Court of Washington county, by Theophilus L. Toulmin against Buchanan, for a negro man slave. General issue, verdict and judgement for defendant. The plaintiff claimed the slave under a gift from James Caller, the father of his wife; he was married in the early part of the summer, and the gift was made in the succeeding fall.... |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
U S v. Holland |
3 Cranch C.C. 254, Circuit Court, District of Columbia (December 01, 1827) |
1827 |
Negroes Margarett Holland and her daughter, Louisa Holland, were indicted separately for the same theft. Neither of the indictments mentioned the participation of the other in the crime. The jury first found Margarett, the mother, guilty. Afterwards, upon the trial of Louisa, Mr. Wallach, for the prisoner, prayed the court to instruct the jury that... |
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U.S. v. Birch |
3 Cranch C.C. 180, Circuit Court, District of Columbia (November 01, 1827) |
1827 |
James Birch, a white man, was indicted jointly with others for a riot. One of the defendants, William Bill, was a colored man. |
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U.S. v. Gooding |
25 U.S. 460, Supreme Court of the United States (March 16, 1827) |
1827 |
THIS was a prosecution in the Circuit Court of Maryland, against the defendant, Gooding, under the Slave Trade Act of the 20th of April, 1818, ch. 373. The indictment alleged, (1.) that the said Gooding, being a citizen of the United States, after the passing of the act of the Congress of the United States, entitled, An act addition to an... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Ward v. Deering |
4 T.B.Mon. 44, Court of Appeals of Kentucky (January 17, 1827) |
1827 |
Mortgages. Jurisdiction. Cancelment. Practice. ERROR TO THE GREENUP CIRCUIT; SILAS W. ROBBINS, JUDGE. Deering exhibited his bill in chancery, to cancel a bill of sale given by him to Ward for a negro boy, and to have a note for his hire also delivered up and cancelled. Bill for the cancellment of a bill of sale for a slave and a promissory note for... |
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Warren v. Brooks |
7 Cow. 218, Supreme Court, New York (January 01, 1827) |
1827 |
D. owned a slave which he agreed to manumit on 6 1-2 years' faithful service. He then sold the slave to B. who manumitted the slave before that time had expired, without obtaining a certificate of the slave's ability to maintain himself, pursuant to the statute, (sess. 40, ch. 137, s. 7;) and he being in fact unable to maintain himself at the time... |
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Wells v. Kennerly |
4 McCord 123, Court of Appeals of Law and Equity of South Carolina (January 01, 1827) |
1827 |
Where a person who hires a Slave sends for a physician to attend him while sick, the person so employing the Doctor, and not the owner of the Slave, is liable to the Physician. From the nature of the bailment the obligation is imposed on the person hiring the slave. |
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Whitaker v. Whitaker |
1 Dev. 310, Supreme Court of North Carolina (December 01, 1827) |
1827 |
A slave hired out, is a chose in the possession of the owner. Therefore, when the slave of a feme sole was, before her marriage, hired for a year, and the husband died during the term, the property does not survive to the wife, but vests in the personal representative of her husband. DETINUB for a negro, and on the trial, the Jury found specially,... |
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White v. Beattie |
1 Dev.Eq. 87, Supreme Court of North Carolina (December 01, 1827) |
1827 |
The two questions presented for decision by this record, are not of very easy solution, and the labour and difficulty have been increased by the want of Counsel to argue them, and the absence of all reference to authorities. The first question is, whether the bequest to D. J. White, of a likely negro boy, between eight and ten years old; and the... |
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Wilkes v. Clark |
1 Dev. 178, Supreme Court of North Carolina (June 01, 1827) |
1827 |
In an action of assumpsit against a carrier for damage to goods, a dormant partner need not join. The Defendant had a boat commanded by one of his slaves, plying for freight on the river Roanoke, and a quantity of corn was shipped on board and delivered to the slave by one John Wilkes, to be carried to Plymouth for the customary freight. In this,... |
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Wilkins' Ex'rs v. Sears |
4 T.B.Mon. 343, Court of Appeals of Kentucky (April 10, 1827) |
1827 |
In October, 1815, Richard Wilkins died. In August, 1816, Sears tendered to his executor the sum of 850 dollars, and demanded the slaves which are the subjects of the controversy; thereafter, the executrix and executor, having refused to deliver, disposed of the slaves. In September, 1818, Sears exhibited his bill against the executrix and executor,... |
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Williams v. McBroom |
1 Stew. 192, Supreme Court of Alabama (July 01, 1827) |
1827 |
A fi. fa. Williams against Howson, was delivered to a deputy of M'Broom, sheriff of Madison county, who made return thereon, levied 24th December, 1823, on four negroes, naming the negroes, and other property, property claimed by Fleming Hodges as per affidavit, made 4th February, 1824. Notice on behalf of Williams, was... |
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Williamson v. Daniel |
25 U.S. 568, Supreme Court of the United States (March 16, 1827) |
1827 |
APPEAL from the Circuit Court of Georgia. The controversy in this cause arose out of the following clauses in the will of James Daniel: I lend my wife twenty-one negroes, naming them, and also certain lands, during her natural life. And subsequently, I give and bequeath unto my grand daughter, Patsy Hendrick,... |
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Wood v. Lee |
5 T.B.Mon. 50, Court of Appeals of Kentucky (June 01, 1827) |
1827 |
Dower. Devises. Rent. Parol Evidence. Compromise. Executors. Guardians. Accounts. Pleading in Chancery. APPEAL FROM THE MASON CIRCUIT; ADAM BEATTY, JUDGE. In the month of April, 1794, Arthur Fox, then claiming a considerable estate in lands, some slaves and personal estate, departed this life, having previously made his last will and testament.... |
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Arthur v. Chavis |
6 Rand. 142, Supreme Court of Appeals of Virginia (February 19, 1828) |
1828 |
In January, 1821, Milly Chavis exhibited her petition to the County Court of Pittsylvania, praying to be permitted to sue James Arthur for her freedom, and stated the facts of her case. The Court proceeded in the regular way to grant the petition. The case progressed; and after two continuances, came on for trial at the March Term, 1822. Both... |
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Askew v. Kennedy |
1 Bail. 46, Court of Appeals of Law and Equity of South Carolina (May 01, 1828) |
1828 |
An award will not be set aside, except for corruption or partiality in the arbitrators, or for some manifest error committed by them. The Court will never undertake to re-try the case upon its merits. That arbitrators may examine the parties as witnesses, is a rule which has long prevailed in this State; and though not free from objection, ought... |
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Bassett's Ex'x v. Jordan |
1 Stew. 352, Supreme Court of Alabama (January 01, 1828) |
1828 |
F. BOYKIN, Executor, and S. Bassett, Executrix of Thomas Bassett, declared in the Circuit Court of Washington county, in covenant against W. Jordan, on a writing under seal, made by him and James Caller, on the 29th of June, 1816, by which they acknowledged to have hired of the plaintiffs as executors, four negroes, from the first of July till the... |
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Battles v. Miller |
3 Cranch C.C. 296, Circuit Court, District of Columbia (May 01, 1828) |
1828 |
Petition for freedom [by the negro John Battles against Miller.] Upon the trial, the defendant's counsel, Mr. Ashton and Mr. Jones, after stating the evidence, prayed the court to instruct the jury. 1. That if they should be of opinion, from the evidence, that James Richard Miller was a citizen of the United States, and came into the county of... |
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Bell v. Hogan |
1 Stew. 536, Supreme Court of Alabama (July 01, 1828) |
1828 |
JOHN J. BELL and ANNE S. BELL, his wife, brought an action of detinue in the Circuit Court of Franklin county, against Arthur S. Hogan, to recover twelve negroes claimed under a will, in which a trial was had at the spring term, 1827. It appeared in evidence, that in 1798, Thomas B. Whitmell, the father of Anne S. the plaintiff's wife, by a clause... |
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Bernard v. Herbert |
3 Cranch C.C. 346, Circuit Court, District of Columbia (November 01, 1828) |
1828 |
At law. Detinue for a slave. Mr. Wise, for the defendant, prayed the court to instruct the jury, that if the defendant obtained possession of the slave tortiously, the plaintiff cannot recover in this cause; and cited Selw, N. P. |
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Blair v. Cleveland |
1 Stew. 421, Supreme Court of Alabama (January 01, 1828) |
1828 |
BENJAMIN CLEVELAND commenced an action of debt in Dallas Circuit Court, against James Blair by original writ; and upon a return of not found, sued out a judicial attachment against the effects of the defendant, which issued by order of the Court, and was levied on six negroes. The defendant, at the return term of the attachment,... |
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Bledsoe v. Com. |
6 Rand. 673, General Court of Virginia (November 01, 1828) |
1828 |
It appears by the Record, that at the last September Term of the Superior Court for Montgomery County, the prisoner was indicted for feloniously stealing, taking and carrying away, a negro man slave, of the goods and chattels of one Michael Peterman, of the value of four hundred dollars. Being thereof arraigned, he pleaded not guilty, and put... |
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Blount v. Davis |
2 Dev. 19, Supreme Court of North Carolina (December 01, 1828) |
1828 |
A purchaser at a Sheriff's sale can assign his bid, and a deed by the Sheriff to the assignee vests the title in him. An executor can purchase the goods of his testator, at an execution sale. DETINUE for a slave, tried on the last circuit, before his honor Judge STRANGE. The Plaintiff produced a judgment and execution against one John B. Blount, as... |
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Boone's Ex'r v. Clarke |
3 Cranch C.C. 389, Circuit Court, District of Columbia (December 01, 1828) |
1828 |
Bill in equity by [John Boone] the executor of a creditor of Francis Boone, against Walter Clarke and wife, and Thomas Scott and wife, the personal representatives of the said Francis Boone, deceased. The material facts of the case, as they appear in the record, are that Francis Boone, the owner of certain slaves, by deed dated March 21, 1801,... |
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Briley v. Cherry |
2 Dev. 2, Supreme Court of North Carolina (December 01, 1828) |
1828 |
Privies in estate are those who succeed only to the rights of their vendor. A purchaser at a Sheriff's sale, is not privy to the Defendant in the execution, as he suceeds also to the rights of the Plaintiff. Where pending an action of detinue for a slave, that slave was sold at execution sale as the property of the Defendant--a subsequent recovery... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Chaplin v. Simmons' Heirs |
7 T.B.Mon. 337, Court of Appeals of Kentucky (June 12, 1828) |
1828 |
Dower. Executors and Administrators. Husband and Wife. Slaves. Hire. Infants. Guardians and Wards. ERROR TO THE BULLITT CIRCUIT; PAUL I. BOOKER, JUDGE. Case stated. Richard Simmons having departed this life intestate, administration of his estate was granted by the county court of Bullitt, to his widow, Sophia Simmons, who, together with Cephas and... |
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Clagett v. Gibson |
3 Cranch C.C. 359, Circuit Court, District of Columbia (December 01, 1828) |
1828 |
Petition for freedom. The defendant [Ann Gibson], while the widow of Abraham Young, married one Gerard Gibson. The petitioners [Phillis Clagett and her children] were her [defendant's] property at the time of her marriage with Gibson; and claimed their freedom under his deed of emancipation, dated October 31, 1826, duly acknowledged and recorded... |
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Com. v. Booth |
6 Rand. 669, General Court of Virginia (November 01, 1828) |
1828 |
After stating the case, he proceeded: The 13th section of the Act referred to, provides, that if any master, mistress, or overseer of a family, merchant, tavern keeper, or any other person, shall knowingly permit or suffer any slave, not belonging to him or her, to be and remain upon his or her plantation, lot, or tenement, above four hours... |
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Dashiell v. Dashiell |
2 H. & G. 127, Court of Appeals of Maryland (June 01, 1828) |
1828 |
This case comes up on an appeal from a judgment rendered in Dorches ter county court, on a statement of facts agreed upon by the counsel, containing, among other things, the following clause in the last will and testament of John Dashiell: I give and bequeath unto my granddaughter, Elizabeth Sarah Ann, the following negroes, to wit. Bill, young... |
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Durham v. Dunkly |
6 Rand. 135, Supreme Court of Appeals of Virginia (February 16, 1828) |
1828 |
A slave is given to an infant, by Deed, with a reservation expressed in the Deed, that the donor is to keep the slave and raise it for the donee, until she arrives at the age of thirteen. The slave is delivered to the donee on the day of the execution of the Deed, and on the same day, taken back by the donor. The Deed is never recorded, and the... |
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Durrett v. Whiting |
7 T.B.Mon. 547, Court of Appeals of Kentucky (October 11, 1828) |
1828 |
Practice in Chancery. Mortgages. Jurisdiction. ERROR TO THE BOURRON CIRCUIT; GEO. SHANNON, JUDGE. Whiting's bill. Whiting sold to Crockett a large quantity of saltpetre, for which Crockett agreed to pay a stipulated price, by articles of agreement between them. To secure the payment, Crockett mortgaged to Whiting sundry slaves by name. To foreclose... |
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Fanny v. Montgomery |
1 Ill. 247, Supreme Court of Illinois (December 01, 1828) |
1828 |
This is an action of trespass, assault and battery and false imprisonment, brought to try the plaintiff's right to freedom. The defendant plead in bar that plaintiff and others were taken before a justice of the peace in and for Bond county, as a person held to labor and owing service in the state of Kentucky, to John Housten, and that the justice... |
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Forsyth v. Kreakbaum |
7 T.B.Mon. 97, Court of Appeals of Kentucky (April 21, 1828) |
1828 |
Detinue for slaves. This is a verdict and judgment for the defendant, in an action of detinue for slaves, and the plaintiff has prosecuted this writ of error to reverse it, because of various supposed errors in the instructions and decisions of the court below, delivered in the progress of these trials. The circumstances are these: In the year... |
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Gayle v. Blackburn |
1 Stew. 429, Supreme Court of Alabama (January 01, 1828) |
1828 |
MATTHEW GAYLE and GEORGE W. PITTS, as administrators of John Greening, brought an action of detinue in the Circuit Court of Dallas county against A. J. Blackburn, for a slave as the property of the deceased, by him detained. In their declaration they alleged they were appointed administrators, with the will annexed, of said Greening, by the Judge... |
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Gayle v. Singleton |
1 Stew. 566, Supreme Court of Alabama (July 01, 1828) |
1828 |
The defendant in error, filed his bill against the plaintiffs in the Circuit Court of Monroe county, charging, that in the year 1811 he lent to Matthew Gayle, who, as well as the defendant, resided in South Carolina, eleven hundred dollars; and to secure the payment thereof, took his bond, and a mortgage of fifteen negroes. The bond and mortgage... |
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Geiger v. Brown |
4 McCord 427, Court of Appeals of Law and Equity of South Carolina (January 01, 1828) |
1828 |
Where the testator bequeaths slaves to a tenant for life, without any further or other disposition of the slaves, they revert upon the death of the tenant for life to the testators legal representatives. |
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Geiger v. Brown |
4 McCord 418, Court of Appeals of Law and Equity of South Carolina (January 01, 1828) |
1828 |
This was an action of trover for the conversion of a negro slave Lucy, and her issue. The plaintiffs claimed, under the will of Harman Geiger, as heirs at law and residuary legatees of the testator. The words of the will were: First: I bequeath unto my loving wife, Margaret Geiger, one negro man named Joe; one negro wench named Lucy. Item. I... |
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Goodwin v. Morgan |
1 Stew. 278, Supreme Court of Alabama (January 01, 1828) |
1828 |
PETER MORGAN, jr. declared against George Goodwin, in the Circuit Court of Washington county, in detinue, for eleven slaves. The defendant pleaded non detinet, a trial was had at November term, 1827, and a verdict found for the plaintiff, for eight of the slaves, upon which a judgement was entered. Goodwin took a bill of exceptions at the trial,... |
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Harrison v. Sims |
6 Rand. 506, Supreme Court of Appeals of Virginia (June 04, 1828) |
1828 |
The owner of slave property, which has been taken by virtue of an Execution issued against the goods and chattels of another, is entitled to an Injunction to stay the sale, though he neither alleges, nor proves the peculiar value of the property. Randolph Harrison and Samuel Jones exhibited their Bill to Chancellor C. TAYLOR, in which they alleged... |
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Hart v. Hampton |
7 T.B.Mon. 381, Court of Appeals of Kentucky (June 17, 1828) |
1828 |
Sheriff's Sales. Deceit. Sales. ERROR TO THE CLARKE CIRCUIT; GEORGE SHANNON, JUDGE. The declaration alleges, that the sheriff having an execution against the defendants, George and Jesse Hampton, was directed by the defendants to levy on sundry slaves, which the sheriff did accordingly; that at the sheriff's sale, the plaintiff, Hart, bid for and... |
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Hobbs v. Blandford |
7 T.B.Mon. 469, Court of Appeals of Kentucky (June 30, 1828) |
1828 |
Husband and Wife. Fraud on Marital Rights. Notice. Evidence. ERROR TO THE NELSON CIRCUIT; PAUL I. BOOKER, JUDGE. In May, 1826, Francis D. Blandford instituted an action of detinue against Ezekiel Hobbs, for a slave called James. Detinue for a slave by Fr. D. Blandford against Hobbs. To sustain his claim, the plaintiff, Blandford, gave in evidence a... |
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Howett v. Alexander |
1 Dev. 431, Supreme Court of North Carolina (June 01, 1828) |
1828 |
An infant is liable for the costs of a suit conducted by his prochein amy, and upon a judgment of non suit, a fi. fa. may issue against his property. TROVER for a negro, and on the trial the Defendant claimed under a sale made by the Sheriff upon a fi. fa. which issued against the Plaintiff for the cost of a suit wherein he had been nonsuited. The... |
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Hunter v. Jones |
6 Rand. 541, Supreme Court of Appeals of Virginia (October 31, 1828) |
1828 |
In an action of Detinue for a slave, between the child, who is sole distributee of an intestate father, and a purchaser from the widow's second husband, an order of Court, appointing Commissioners to assign the widow her dower, although made ex parte, and on motion, without regular proceedings in Chancery, and the report of the Commissioners, are... |
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Irvin v. Divine |
7 T.B.Mon. 246, Court of Appeals of Kentucky (April 30, 1828) |
1828 |
Husband and Wife. Surveyorship. Executors and Administrators. Descent. Hire and Partition of Slaves. Practice in Chancery. APPEAL FROM THE MONTGOMERY CIRCUIT; S. W. ROBBINS, JUDGE. Statement of the facts. John Irvin died intestate, leaving personal estate and slaves. Administration of his estate was granted, and the personalty disposed of in... |
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Isaac v. West's Ex'r |
6 Rand. 652, Supreme Court of Appeals of Virginia (December 18, 1828) |
1828 |
A Deed of Emancipation, by which the master manumits his slaves at his death, directs, that they shall serve him as long as he lives, and at his death go free from all persons; and, for himself, his heirs, executors, and administrators, relinquishes all his right and title to the said negroes, is to be construed as passing a present right to... |
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Jarman v. Patterson |
7 T.B.Mon. 644, Court of Appeals of Kentucky (December 01, 1828) |
1828 |
Constitutional Law. Slaves. Parols. Nuisance. Statutes. Judicial Power. Distress for Rent. Jurisdiction by Under Warrants. ERROR TO THE MADISON CIRCUIT; GEO. SHANNON, JUDGE. Writ of replevin by Jarman for a slave. Thomas Jarman issued his writ of replevin against Patterson, for a negro man slave. Patterson avowed the taking of the slave, and... |
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