TitleCitationYearSummaryMost RelevantTypeStatus
Nerault's Heirs v. L'Enclos 8 Mart.(n.s.) 185, Supreme Court of Louisiana (September 01, 1829) 1829 Appeal from the court of the fifth district, the judge of the district presiding. This suit was brought to recover the price of a slave, evicted, with interest from the date of eviction and costs. On 30th June, 1813, A. L'Enclos sold to J. B. Nerault, ancestor of the plaintiffs, a slave named Victoire, for $500. Afterwards, the wife of L'Enclos,... Most Relevant Cases  
Palmer v. Faucett 2 Dev. 240, Supreme Court of North Carolina (December 01, 1829) 1829 The 7th section of the act of 1784, (Rev. ch. 225) requiring sales and gifts of slaves to be in writing, attested by a witness and registered, was passed for the protection of creditors and purchasers only.-- Under it, a gift or a sale is good between the parties without a deed properly attested, and if by deed thus attested, without its being... Most Relevant Cases  
Payne v. Cowan 1 J.J.Marsh. 12, Court of Appeals of Kentucky (January 22, 1829) 1829 Sheriff Sales and Returns. Executions. Motions. Notice. ERROR TO THE HENRY CIRCUIT; HENRY DAVIDGE, JUDGE. An execution issued in favor of the defendants in error against the plaintiffs, on which the sheriff made the following return, Levied on one negro boy Tom, as the property of T. G. Payne, advertised and sold, on the 28th of October,... Most Relevant Cases  
Philips v. Harriss 3 J.J.Marsh. 122, Court of Appeals of Kentucky (December 31, 1829) 1829 Pleading. Replevin. Trespass. Officer. Bailor and Bailee. Possession. Trial of Right of Property. Jury. Damages. Judgment. APPEAL FROM THE ANDERSON CIRCUIT; HENRY DAVIDGE. The appellants, as trustees for Mrs. Richardson and her children, instituted an action of replevin against the appellee. Four negroes were the subject of the controversy. Harriss... Most Relevant Cases  
Ramsay v. Barcroft 2 Mo. 151, Supreme Court of Missouri (May 01, 1829) 1829 This was an action of detinue brought by Ramsay against Barcroft, to recover a negro woman slave. The deelaration contains two counts. The first is a general count, the second a special. The defendant pleaded the general issue to the first count, and demurred to the second, and had his demurrer sustained. Upon the trial of the issue joined on the... Most Relevant Cases  
Rankin v. Bradford 1 Leigh 163, Supreme Court of Appeals of Virginia (March 01, 1829) 1829 (Absent Brooke, P. ) E. C. bequeathed 4 slaves to C. C. and F. T. trustees, in trust to apply the profits to maintenance of testator's daughter, J. B. and her husband, S. K. B. and their children, during lives of daughter and husband, and of survivor, remainder to the children of the daughter by that husband: both trustees declined the trust: no... Most Relevant Cases  
Reece v. Johnson Hempst. 82, Superior Court, Territory of Arkansas (November 01, 1829) 1829 Appeal from Phillips circuit court; determined before Benjamin Johnson, Thomas P. Eskridge, James Woodson Bates, and William Trimble, Judges. This was an action on the case by James Johnson against Alexander Reece for unlawfully taking possession of a slave. Most Relevant Cases  
Reed v. Rice 2 J.J.Marsh. 44, Court of Appeals of Kentucky (June 24, 1829) 1829 Constable. Search Warrant. Justification. Constitution. ERROR TO THE MONTGOMERY CIRCUIT; SILAS W. ROBBINS, JUDGE. Rice instituted an action of trespass quare clausum fregit, against Reed and others, and gave in evidence, that they came to the place of his residence and seized and carried away sundry slaves there found. The defendants justified upon... Most Relevant Cases  
Reid v. Reid 2 Dev. 247, Supreme Court of North Carolina (December 01, 1829) 1829 Several points were made in this case in the Court below. But as it seems to turn chiefly upon the effect of a receipt, given in evidence by the Defendant, and the opinion of the Court on that point is decisive of the cause, the others will not be noticed. The Plaintiff claims a share of the price of a slave belonging to him and others, which the... Most Relevant Cases  
Scott's Ex'r v. Auld 3 Cranch C.C. 647, Circuit Court, District of Columbia (November 01, 1829) 1829 Detinue [by Jesse Scott's executor against Colin Auld] for three negroes who were born while Hannah, their mother, was in the possession of James Anderson, under the following instrument: Alexandria, March 1, 1816. I have this bo't of Mr. Jessey Scott, Hannah and her sonn John; Hannah to serve twelve years, and John untull he is thirty-five years... Most Relevant Cases  
Secrest v. Turner 2 J.J.Marsh. 471, Court of Appeals of Kentucky (October 24, 1829) 1829 On the 16th of November, 1822, Secrest let Turner have $200 in notes on the Bank of the Commonwealth, and $50 in specie, in consideration of which Turner delivered to him a negro boy, for whom he gave a bill of sale, absolute on its face, purporting to be for the consideration of $300. Chancellor will incline to construe contract to be mortgage,... Most Relevant Cases  
Smith v. Parker 3 Cranch C.C. 654, Circuit Court, District of Columbia (December 01, 1829) 1829 Appeal from the judgment of a justice of the peace, for $50, upon a note give by the appellant [negro William Smith] to the appellee [Daniel Parker] in consideration of his emancipation by the latter. The note was given immediately upon the execution and delivery of the deed of emancipation, and bears date the same day. Most Relevant Cases  
State v. Hayes 1 Bail. 275, Court of Appeals of Law and Equity of South Carolina (June 01, 1829) 1829 The offspring of a white mother and a negro father is a mulatto, within the meaning of the act of 1740, and can be tried and punished for a criminal offence only by a Court of magistrates and freeholders. Vide State v. R. Scott, 17 S.C.L. 270. If the presiding Judge is satisfied from inspection, that a defendant, brought up for... Most Relevant Cases  
State v. Mann 2 Dev. 263, Supreme Court of North Carolina (December 01, 1829) 1829 The Master is not liable to an indictment for a battery committed upon his slave. One who has a right to the labor of a slave, has also a right to all the means of controlling his conduct which the owner has. Hence one who has hired a slave is not liable to an indictment for a battery on him, committed during the hiring. But this rule does not... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
State v. Martindale 1 Bail. 163, Court of Appeals of Law and Equity of South Carolina (February 01, 1829) 1829 A Judge of the Supreme Court of the United States, although an inhabitant of this State, and the owner of slaves, is not bound to the performance of patrol duty, personally, or by substitute. COLCOCK, J. dissenting. Most Relevant Cases  
State v. Pemberton 2 Dev. 281, Supreme Court of North Carolina (December 01, 1829) 1829 It is not an offence either at Common Law or by Statute, to gamble with a slave. The Defendants were indicted as follows, The Jurors &c. present that S. P. and J. A. S. late of, &c. on &c. at &c. unlawfully did play at cards with certain slaves, to-wit, with &c. to the evil example of all others in like case offending, and against &c.... Most Relevant Cases  
State v. Scott 1 Bail. 294, Court of Appeals of Law and Equity of South Carolina (December 01, 1829) 1829 Where a party, charged with a criminal offence, is brought for trial before a Court of magistrates and freeholders, and claims to be a white man; if he plead the fact in that Court, and it is there determined against him, he is concluded by its adjudication: if he desire to have the question tried by a jury, his course is to apply, in the first... Most Relevant Cases  
Stevens v. Patterson Bail.Eq. 42, Court of Appeals of Law and Equity of South Carolina (February 01, 1829) 1829 The testator bequeathed a slave to his daughter, to her and the heirs of her body, but should she die without lawful issue, then to go back and be equally divided amongst the survivors of the testator's children. The limitation over held good as an executory devise. A devise over to the survivors of persons in esse, on... Most Relevant Cases  
Stevenson v. Singleton 1 Leigh 72, Supreme Court of Appeals of Virginia (February 01, 1829) 1829 Contract between master and slave, whereby the master agreed to emancipate the slave, for $1000 to be paid by the slave to him, of which the slave paid $ 566. Held, that the chancellor cannot, on a bill by the slave against the master, enforce such contract so partly performed. Held, generally, that the chancellor cannot enforce any contract... Most Relevant Cases  
Sthreshly v. Broadwell 1 J.J.Marsh. 340, Court of Appeals of Kentucky (April 28, 1829) 1829 Submission. Award. APPEAL FROM THE FAYETTE CIRCUIT; JESSE BLEDSOE, JUDGE. This was an action of covenant brought in the circuit court, by Broadwell, to recover of Sthreshly, upon a warranty of the soundness of a negro woman and child, sold by the latter to the former. The defendant plead an award in bar of the whole action. The plea was demurred... Most Relevant Cases  
Talbot v. Talbot's Representatives 2 J.J.Marsh. 3, Court of Appeals of Kentucky (June 20, 1829) 1829 Practice. New trial. Evidence. Statute. APPEAL FROM THE JESSAMINE CIRCUIT; W. L. KELLY, JUDGE. In 1824, Presley Talbot bought a cow and a negro boy named Henry, and delivered them to his son William M. Talbot, who had settled on his farm, and who retained the use and possession of them until his death in 1826. After the death of William, Presley... Most Relevant Cases  
Theoteste v. Chouteau 2 Mo. 144, Supreme Court of Missouri (April 01, 1829) 1829 This was an action of trespass, &c., in the form prescribed by law, to try the right to freedom; plea, not guilty; verdict and judgment for the defendant. On the trial of this cause, it was proved that the plaintiff was born in the year 1782, at Prairie du Rocher in that part of the late Northwestern Territory which now forms a part of the State of... Most Relevant Cases  
Todd v. Moore's Adm'r 1 Leigh 457, Supreme Court of Appeals of Virginia (November 01, 1829) 1829 Upon fi. fa. against M. adm'r of L. a female slave of L's estate is taken and sold by sheriff in 1797, at which sale, M. the adm'r himself, is purchaser: in 1801, the adm'r settles his accounts of administration before county court commissioners, whereby it appears, that at time of sheriff's sale in 1797, he had no funds of L's estate, besides this... Most Relevant Cases  
Tramell v. Adam 2 Mo. 155, Supreme Court of Missouri (May 01, 1829) 1829 This was an action of trespass and assault and battery and false imprisonment, instituted by Adam against Finley and Tramell to recover his freedom. The declaration contains one count charging an assault and battery and false imprisonment, and alleges that at the time when, &c., he was and still is a free person, and that the defendants held and... Most Relevant Cases  
U.S. v. Gray 3 Cranch C.C. 681, Circuit Court, District of Columbia (December 01, 1829) 1829 Indictment [against Charity Gray] for larceny. The prisoner's daughter, who is a slave, was offered as a witness for the United States. Most Relevant Cases  
Wells v. Shipp Walker 353, Supreme Court of Mississippi (December 01, 1829) 1829 The statement of a witness that, so far as he knew or understood, the negroes were the property of the plaintiff, is incompetent. Hearsay evidence must be excluded. Records, not directly between the plaintiff and defendant, yet, if they constitute part of the res gestae, are competent testimony. Cotemporary declarations, constituting part of the... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Wigle v. Kirby's Executor 3 Cranch C.C. 597, Circuit Court, District of Columbia (May 01, 1829) 1829 Petition for freedom. The petitioners [Negro Harry Wigle and others] claimed freedom under the will of John Baptist Kirby, by which they were to be free at his death. Some of them were over forty-five years of age at the death of the testator. Most Relevant Cases  
Allcorn v. Rafferty 4 J.J.Marsh. 220, Court of Appeals of Kentucky (June 28, 1830) 1830 Fraud. Consideration. Slaves. Affidavit. Continuance. ERROR TO THE LIVINGSTON CIRCUIT; BENJ. SHACKLEFORD, JUDGE. In April, 1827, James Allcorn with two others, as his sureties, executed a promissory note to Robert Rafferty for $150, which the latter afterwards assigned to John Wylie, who sued on it, and recovered judgment. Allcorn, the appellant,... Most Relevant Cases  
Ayres v. Moore 2 Stew. 336, Supreme Court of Alabama (January 01, 1830) 1830 WILLIAM MOORE, in 1827, instituted an action of trespass against Ayres, in Jefferson Circuit Court, for taking and conveying away a negro boy, named Tom, which he claimed as his property. Ayres pleaded not guilty, and also, in justification, that he had, as sheriff of Jefferson county, levied on the slave, as the property of James B. Moore, by... Most Relevant Cases  
Berryman v. Orr 4 J.J.Marsh. 393, Court of Appeals of Kentucky (October 07, 1830) 1830 An execution in favor of Wilhite, having issued against Sidebottom and others, was levied by the Sheriff upon a female slave, claimed by Mary Orr. She was sold and the appellant purchased her. About two years afterwards, he filed his bill in chancery, against J. D. Alexander, in his individual capacity, and as administrator of said Mary, and... Most Relevant Cases  
Blakey's Ex'r v. Blakey 3 J.J.Marsh. 674, Court of Appeals of Kentucky (April 26, 1830) 1830 Executor. Distribution. Fraud. Chancery Practice. Sale. Adverse Possession. APPEAL FROM THE CHRISTIAN CIRCUIT; B. SHACKLEFORD, JUDGE. Constance Blakey made her last will and testament, and died, in which she appointed Thomas Blakey sole executor, who undertook the execution of it, in January, 1824. It directs the executor to sell all her slaves,... Most Relevant Cases  
Bland v. Pope's Ex'r 4 J.J.Marsh. 595, Court of Appeals of Kentucky (October 18, 1830) 1830 The executor of Pope recovered a judgment against Bland, for the hire of a slave, in an action of assumpsit. Bland enjoined it, alleging that there was an understanding that nothing was to be paid for said negro after the first year, unless the testator should need a little for his son William, in which event the testator expected it from Bland.... Most Relevant Cases  
Bostick v. Keizer 4 J.J.Marsh. 597, Court of Appeals of Kentucky (October 18, 1830) 1830 Trust Estate. Execution. Trustee. Personal Property. Delivery. Sales. Officers. Levy. Bidders. Possession. ERROR TO THE FAYETTE CIRCUIT; THOMAS M. HICKEY, JUDGE. This was an action of detinue, instituted in September, 1828, by Keizer, against Bostick to recover from him a slave named Absolam. Upon an agreed case, the facts and law were submitted to... Most Relevant Cases  
Boyd v. Rumsey 5 J.J.Marsh. 43, Court of Appeals of Kentucky (October 27, 1830) 1830 The plaintiff in error, as assignee of a covenant to pay $130 for the hire of a slave, to pay the tax on him, clothe him, and return him to the covenantee at the end of the term, obtained a judgment by default against the defendant in error for $165 and damages. The circuit court, entertaining the opinion, that the covenant was not assignable,... Most Relevant Cases  
Brandon v. Snows 2 Stew. 255, Supreme Court of Alabama (January 01, 1830) 1830 THIS was a trial of the right of property in a slave, in Tuscaloosa Circuit Court. L. Brandon had recovered a judgment in said Court, against J. Wyzer; an execution issued on this judgment the 18th of April 1826, was levied on the 23d September 1826, on a negro boy named Jacob, then in the possession of Wyzer. Snows and Cunningham claimed the slave... Most Relevant Cases  
Breckenridge v. Anderson 3 J.J.Marsh. 710, Court of Appeals of Kentucky (April 30, 1830) 1830 On the 29th of November, 1824, the sheriff of Bourbon, sold at auction, two young female slaves, to satisfy a fieri facias in his hands, in favor of Robert Luckie and against William Roseberry and Hugh Roseberry. The slaves were the property of Wm. Roseberry, and were in his possession. The sale was on a credit of two years, and Carey A. Huston,... Most Relevant Cases  
Brown's Adm'r v. Miller 4 J.J.Marsh. 474, Court of Appeals of Kentucky (October 11, 1830) 1830 Scire Facias. Statute. Construction. ERROR TO THE GARRARD CIRCUIT; JOHN L. BRIDGES, JUDGE. On the 17th of December, 1823, a fieri facias was issued from the Garrard circuit court, directed to the sheriff of Madison county in favor of the plaintiff's intestate and against the estate of Joseph Lees. Miller purchased a slave at the sheriff's sale... Most Relevant Cases  
Caldwell v. Caldwell 4 J.J.Marsh. 16, Court of Appeals of Kentucky (May 03, 1830) 1830 Slaves. Sale. Adverse Possession. Chose in Action. ERROR TO THE WOODFORD CIRCUIT; WILLIAM L. KELLY, JUDGE. Martha Caldwell was entitled to a life estate in a male slave, named Joe, and Allen Caldwell owned the reversion. But by a contract in writing, she agreed to pay him $25 annually, for the use of the negro, whose entire value was proved to be... Most Relevant Cases  
Caldwell v. Drake 4 J.J.Marsh. 246, Court of Appeals of Kentucky (July 01, 1830) 1830 Instructions. Jury. ERROR TO THE JESSAMINE CIRCUIT: WM. L. KELLY. JUDGE. Caldwell as sheriff, in virtue of an execution against A. McKee, sold a slave claimed by Mrs. Drake, the appellee, as her property. She for that cause instituted an action of detinue against Caldwell and recovered. It was proved that McKee's wife lived with Mrs. Drake from... Most Relevant Cases  
Cannon v. Jenkins 1 Dev.Eq. 422, Supreme Court of North Carolina (June 01, 1830) 1830 The bill is framed upon the rule in Ryden v. Jones (1 Hawks 497) and moreover charges an actual fraud in the purchase by Jenkins at under value, by means of a sale of all the negroes in a lump, on ten days credit. The doctrine of that and similar cases is recognized throughout. An executor buys at his own risk; and no matter how openly, nor for how... Most Relevant Cases  
Cowan v. Davidson 2 Dev. 533, Supreme Court of North Carolina (December 01, 1830) 1830 As far as I am capable of understanding the question litigated between the parties, it is this: whether the mortgage, under which the Defendant claimed, or the executions, under which the Plaintiff claimed the negroes levied upon, gave the preferable title. It has been decided in Davidson v. Beard, (2 Hawks 520) the decision in which suit, it... Most Relevant Cases  
Crawford v. Beard 4 J.J.Marsh. 187, Court of Appeals of Kentucky (June 25, 1830) 1830 Pleas. Consideration. Contracts Executed and Executory Warranty. Sale. Slaves. ERROR TO THE ROCKCASTLE CIRCUIT; JOSEPH EVE, JUDGE. Beard as assignee of Miller, who was assignee of Johnson, the obligee, obtained a judgment against Crawford on a promissory note. To reverse this judgment, Crawford prosecutes this writ of error. The only question... Most Relevant Cases  
Davis v. James' Ex'rs 4 J.J.Marsh. 8, Court of Appeals of Kentucky (May 01, 1830) 1830 Davis filed his bill in chancery, in the Union circuit court, against the executor and executrix of Thomas James, deceased, alleging that he held his note for a part of the price of a slave, which he had purchased from their testator, and on which note, he apprehended, they would institute a suit against him, unless they should be enjoined by the... Most Relevant Cases  
Dawson v. Dawson 1 Dev.Eq. 396, Supreme Court of North Carolina (June 01, 1830) 1830 Without examining into the question which the demurrer presents, viz: whether the Plaintiffs are volunteers, and how far this Court will aid them by setting aside the division of the slaves, according to the prayer of the bill, the case may, and I think ought, to be decided upon the circumstances which preceded the execution of the deed, and those... Most Relevant Cases  
De Treville v. Ellis Bail.Eq. 35, Court of Appeals of Law and Equity of South Carolina (February 01, 1830) 1830 The committee of a lunatic is chargeable for a loss of the rents and profits sustained by his letting out the lands and slaves of the lunatic, without security, to a party who proves to be insolvent, unless it appear, that the party was solvent, or in good credit, at the time of his contract with the committee; and the burden of proof of such... Most Relevant Cases  
Dillon v. Wright 4 J.J.Marsh. 254, Court of Appeals of Kentucky (July 02, 1830) 1830 James Dillon sued John Wright in replevin, for two slaves. Wright pleaded that, as deputy sheriff he levied a fieri facias, in his hands, against the estate of Thomas B. Dillon, on the slaves in T. B. Dillon's possession. The circuit court overruled a demurrer to this plea; and the plaintiff having failed to reply, judgment was rendered against... Most Relevant Cases  
Dorsey v. Sands 5 J.J.Marsh. 37, Court of Appeals of Kentucky (October 27, 1830) 1830 Dorsey sued Sands in detinue for a slave and a saddle. Sands pleaded non detenet, and also that, in a suit in chancery, in the Jefferson circuit court for a rescission of a contract between him and Dorsey, concerning the slave and the saddle, a decree was rendered in favor of Dorsey for the slave and saddle, and also for their value, to be paid in... Most Relevant Cases  
Duff v. Ivy 3 Stew. 140, Supreme Court of Alabama (July 01, 1830) 1830 ASSUMPSIT in Tuscaloosa Circuit Court by A. Duff against T. Ivy, to recover damages for a breach of warranty in the sale of a negro. At September term 1828, the cause was tried. To prove that the defendant warranted the negro to be sound, the plaintiff offered in evidence a receipt in the following words. Received of Abraham Duff three... Most Relevant Cases  
Edwards v. Vail 3 J.J.Marsh. 595, Court of Appeals of Kentucky (April 21, 1830) 1830 Slaves. Commanders of Steam Boats. ERROR TO THE JEFFERSON CIRCUIT; HENRY PIRTLE, JUDGE. The general assembly of the Commonwealth, on the 7th of January, 1824, passed an act subjecting the master or commander of a steam boat or other vessel, who shall hire, or employ, or take as passengers or otherwise, out of the limits of this state,... Most Relevant Cases  
Fanny v. Bryant 4 J.J.Marsh. 368, Court of Appeals of Kentucky (October 06, 1830) 1830 Grant. Issue. Increase. Slaves. Emancipation. Security. ERROR TO THE FRANKLIN CIRCUIT; DANIEL MAYES, JUDGE. Whether Fanny, the plaintiff in error, is a free person of color, or a slave is the only question presented in this case, for consideration. And the question depends on the construction of a deed of emancipation acknowledged by George Smith,... Most Relevant Cases  
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