TitleCitationYearSummaryMost RelevantTypeStatus
Ferguson v. Sarah 4 J.J.Marsh. 103, Court of Appeals of Kentucky (June 19, 1830) 1830 Emancipation. Slaves. Jurisdiction. Creditors. Administrator. Assets. ERROR TO THE MONTGOMERY CIRCUIT; SILAS W. ROBBINS, JUDGE. Enoch Smith, in principle an emancipator, and who liberated all his own slaves, having bought Sarah, the wife of Ben, a free man of color, for the purpose of securing her eventual emancipation, sold her to her husband in... Most Relevant Cases  
Harris v. Alexander 4 Cranch C.C. 1, Circuit Court, District of Columbia (April 01, 1830) 1830 Petition for freedom [by Christopher Harris, a negro.]. Verdict for the petitioner. Motion for new trial, on the ground that a sale within three years after importation into the county of Washington does not, per se, give a right to freedom, but is only evidence of importation for sale; and it was agreed that if the court should be of that opinion,... Most Relevant Cases  
Henderson v. Dodd Bail.Eq. 138, Court of Appeals of Law and Equity of South Carolina (May 01, 1830) 1830 The defendant, who was a purchaser of a slave from the tenant for life, for a valuable consideration, having in his answer, to a bill by a party claiming under the limitation over, denied notice of the fiduciary character of the tenant for life, and notice to him not having been sufficiently proved, the bill as to him was dismissed. Although parol... Most Relevant Cases  
Hipp v. Sawyer Rich.Cas. 410, Court of Appeals of Law and Equity of South Carolina (February 01, 1830) 1830 Conveyance of land and judgment confessed set aside as fraudulent as to creditors. A vendor's continuing in possession of land after a sale does not of itself constitute fraud, as in the case of a chattel; yet, if the grantor remains in possession, as before, as apparent owner, paying no rent, it is evidence that the sale was colorable, and that... Most Relevant Cases  
Hoover v. Alexander 1 Bail. 510, Court of Appeals of Law and Equity of South Carolina (May 01, 1830) 1830 Proof that the plaintiff's runaway slave was seen at work in the defendant's field, the defendant not being present, and that he was also seen in the company of defendant, when not at work, is not sufficient evidence of a conversion to go to a jury. Nor is a demand and refusal after the slave had gone out of the defendant's possession any evidence... Most Relevant Cases  
Hopkins v. Claybrook 5 J.J.Marsh. 234, Court of Appeals of Kentucky (December 29, 1830) 1830 On the 11th of February, 1822, Thomas W. Claybrook and others, claiming to be the heirs and distributees of Peyton Doswell, deceased, filed a bill in chancery against Samuel G. Hopkins, as the administrator of said decedent, and against Thomas Doswell and others, alleged to be co-distributees, praying for distribution of the slaves and other... Most Relevant Cases  
Hughes v. Easten 4 J.J.Marsh. 572, Court of Appeals of Kentucky (October 16, 1830) 1830 Easten, claiming a female slave in right of his wife, sued Hughes for her, in detinue. On the general issue verdict and judgment were rendered for Easten. On the trial, Easten gave parol evidence of a deed of gift of the slave to his wife, whilst she was an infant, by Hughes and others as co-distributees with the donee. And also proved some facts,... Most Relevant Cases  
Hundley v. Webb 3 J.J.Marsh. 643, Court of Appeals of Kentucky (April 24, 1830) 1830 Mortgage. Foreclosure. Fraudulent Possession. Absolute Bill of Sale. Decree. Accruing Interest. Statute of Frauds. Conditional Bill of Sale. ERROR TO THE FAYETTE CIRCUIT; T. M. HICKEY, JUDGe. This is a suit in chancery, instituted by Isaac Webb against John Marsh and John W. Hundley, to foreclose Marsh's equity of redemption in two slaves, alleged... Most Relevant Cases  
Johnson v. Davenport 3 J.J.Marsh. 390, Court of Appeals of Kentucky (April 07, 1830) 1830 New Trial. Testimony of Jurours. Verdict. ERROR TO THE JESSAMINE CIRCUIT: WM. L. KELLY, JUDGE. Johnson instituted an action of covenant against Davenport, upon a writing usually called a bill of sale, in which Davenport warranted that a slave which he had sold to the plaintiff, on the 4th of September, 1824, was sound; but which plaintiff alleged... Most Relevant Cases  
Johnson v. Sevier's Ex'rs 4 J.J.Marsh. 140, Court of Appeals of Kentucky (June 22, 1830) 1830 In 1790, the will of Charles Edwards was admitted to record in King and Queen county, Virginia, by the court thereof. By it, the testator devised to his son, William Edwards, for life, a slave named Stephen; remainder to the children of said William, who, in 1797, removed to Mercer county, Kentucky, where he died in 1825. In 1798, William Edwards... Most Relevant Cases  
Johnson v. Wren 3 Stew. 172, Supreme Court of Alabama (July 01, 1830) 1830 THIS was an action of Trover, brought by J. Johnson, as administrator of S. Ramsey, against W. Wren, for the conversion of eleven slaves. The writ was returned to the fall term 1827, of Dallas Circuit Court. The plaintiff declared as administrator, and made profert of letters of administration, granted to him on the estate of Ramsey, in Abbeville... Most Relevant Cases  
Kendrick v. Kendrick 4 J.J.Marsh. 241, Court of Appeals of Kentucky (June 30, 1830) 1830 This is a suit in chancery, for the sale of the slaves, which (as the bill alleges) descended to the complainant and others, and could not be divided in kind. The bill prayed that all the heirs should be made defendants. Process was served on all of them, except one. There is an endorsement on one of the subpoenas, purporting to be an... Most Relevant Cases  
Kilby v. Haggin 3 J.J.Marsh. 208, Court of Appeals of Kentucky (January 08, 1830) 1830 Execution. Delivery to Officer. Levy. Advertisement. Possession. Distribution. ERROR TO THE SCOTT CIRCUIT; THOMAS M. HICKEY, JUDGE. This is a writ of error, prosecuted by John Kilby, to recover a judgment obtained against him, in detinue, for a slave, Charlotte, by James Haggin. The evidence embodied in the bill of exceptions, is somewhat loose,... Most Relevant Cases  
Lagrange v. Chouteau 29 U.S. 287, Supreme Court of the United States (January 01, 1830) 1830 ERROR from the supreme court of the state of Missouri. An action of trespass vi et armis was brought in the state circuit court of the county of St. Louis, state of Missouri, by the plaintiff in error, a man of colour, against Pierre Chouteau, the defendant, for the purpose of trying his right to freedom. The judgment of the circuit court was... Most Relevant Cases  
Lenoir v. Sylvester 1 Bail. 632, Court of Appeals of Law and Equity of South Carolina (June 01, 1830) 1830 The testator, previous to the act of 1820, prohibiting the emancipation of slaves except by the Legislature, bequeathed certain slaves to his wife for life, and after her death gave them their freedom. The wife was appointed, and qualified as executrix of the will. Held, that she could not capture the slaves for her own benefit, under the act of... Most Relevant Cases  
Letcher v. Kennedy 3 J.J.Marsh. 701, Court of Appeals of Kentucky (April 28, 1830) 1830 Thomas Kennedy instituted his bill in chancery against David L. McKee and Jos. P. Letcher, to foreclose their equity of redemption to certain slaves mortgaged by them, to him. The mortgage is dated 11th of April, 1826, The following extract from it will explain its object, whereas the said Thomas Kennedy obtained a judgment at law, against the... Most Relevant Cases  
Mann v. Givens 2 Leigh 762, General Court of Virginia (November 01, 1830) 1830 (Absent Stuart, Smith and Field, J.) A county court refuses to admit an instrument of emancipation of slaves to probat and record: Held, the circuit court cannot review this judgement, by way of appeal, writ of error or supersedeas. Quære, whether an instrument of emancipation of slaves, ought to be admitted to record, on the deposition of a... Most Relevant Cases  
Mardre v. Leigh 1 Dev.Eq. 360, Supreme Court of North Carolina (June 01, 1830) 1830 Where the Plaintiff charged that the Defendant held slaves as his trustee, and prayed an account of the profits, and that the possession might be surrendered to him, and the Defendant denied the trust, and insisted that he had held possession twenty-six years adversely to the right of the Plaintiff, and there was no proot of the trust--held, even... Most Relevant Cases  
Mayersback v. Fauntleroy 3 J.J.Marsh. 535, Court of Appeals of Kentucky (April 15, 1830) 1830 Mayersback filed a bill in chancery; against Fauntleroy, &c., and by default, obtained a decree against Fauntleroy for $1,000, in case he did not surrender a certain slave, and for $584.50, absolutely, for the hire of said slave. The decree concludes thus: It is further ordered and decreed, that said negro man, Orange, be liable to the payment of... Most Relevant Cases  
McDowell v. Gray's Heirs 5 J.J.Marsh. 1, Court of Appeals of Kentucky (October 23, 1830) 1830 This is detinue for a female slave by Gray's heirs, against McDowell. The appellees claimed the slave under a gift by their grandfather. The appellant claimed her under a purchase at a sheriff's sale, on a fieri facias in his favor against the father of the appellees. The maximum value of the slave, as proved, was $400. The jury assessed the value... Most Relevant Cases  
McGowan v. Hoy 4 J.J.Marsh. 223, Court of Appeals of Kentucky (June 29, 1830) 1830 This is an action of detinue by McGowan v. Hoy. This court reversed a judgment which Hoy had obtained on a former trial, against McGowan, and remanded the case for another trial; see V Litt. Rep. 239. Plea, that since the first trial defendant had obtained a decree to which plaintiff was party, for the sale of the slave in controversy, and that... Most Relevant Cases  
McGowen v. Young 2 Stew. 276, Supreme Court of Alabama (January 01, 1830) 1830 THIS writ of error was prosecuted to reverse the judgment of the Circuit Court of Tuscaloosa county, rendered in an action of trover. E. Young commenced the suit in said Court on the 3d of January 1827, against Mary Ann Hill, who since the rendition of the judgment intermarried with M'Gowen, for the conversion by her of four negroes. At March term... Most Relevant Cases  
McTeer v. Moorer Bail.Eq. 62, Court of Appeals of Law and Equity of South Carolina (March 01, 1830) 1830 A Court of equity will not entertain jurisdiction of a suit to injoin a sale of slaves by the sheriff under execution, on behalf of a prior mortgagee, who has a plain and adequate remedy at law. Although a bill might be sustained for the delivery of slaves, on the same principle as bills for the delivery of family plate, or pictures; yet the... Most Relevant Cases  
Middleton v. Carrol 4 J.J.Marsh. 143, Court of Appeals of Kentucky (June 22, 1830) 1830 John Middleton died in January, 1817, leaving Sarah, his widow, three sons, Thomas, Mathew and Robert, and two daughters. At his death, he owned among other property, a slave named Jinny, and her children, Maria, Rap and Lewis. His son Thomas administered on his estate; and with the consent of the widow, Sarah Midleton, (who was entitled to dower... Most Relevant Cases  
Middleton v. Hume 3 J.J.Marsh. 221, Court of Appeals of Kentucky (January 09, 1830) 1830 Award. Judgment. ERROR TO THE WARREN CIRCUIT; H. P. BROADNAX, JUDGE. Hume sued Middleton, in detinue, for a slave. Pending the suit, all matters in controversy, invelved in the suit, were referred by order of the the court, to arbitrators. Error, to render judgment on award, within fifteen days from its date, unless both parties lie in court, and... Most Relevant Cases  
Miller v. Hill 4 J.J.Marsh. 399, Court of Appeals of Kentucky (October 08, 1830) 1830 This is an action of covenant on a penal bond with the following condition: That whereas, N. B. Wood, Maurice Miller, and Jacob Cole, have separately instituted suits in the Spencer circuit court, chancery causes, against Craven Peyton, and have levied separately a distraining warrant, on a negro boy named Simon, which negro has this day been... Most Relevant Cases  
Orr v. Pickett 3 J.J.Marsh. 269, Court of Appeals of Kentucky (January 14, 1830) 1830 Injunction. Sale. Equitable Interests. Trustees. Statute of Frauds. Possession. Slaves. Limitation. Execution. ERROR TO THE MASON CIRCUIT COURT; SILAS W. ROBBINS, JUDGE. These cases have been brought up, upon the same record. They were tried at the same time, in the court below, and originated in connected transactions, so that the evidence in one,... Most Relevant Cases  
Outten's Ex'rs v. Grinstead 4 J.J.Marsh. 608, Court of Appeals of Kentucky (October 19, 1830) 1830 Mortgage. Fraud. Foreclosure. Equity of Redemption. Practice. ERROR TO THE JESSAMINE CIRCUIT; WM. L. KELLY, JUDGE. Levi Outten, filed his bill in chancery, to foreclose Grinstead's equity of redemption in a slave, for which he had executed a mortgage to him, on the 28th of December, 1815. Grinstead answered, resisting the relief sought, defending... Most Relevant Cases  
Phillips v. Alcorn 4 J.J.Marsh. 38, Court of Appeals of Kentucky (June 15, 1830) 1830 William L. Phillips mortgaged to James Phillips, and George Alcorn, a tract of land, on which he lived, and a negro boy, to indemnify them as his sureties, in three replevin bonds to Jacob Miller. They filed their bill in chancery against him, and his father, John Phillips, to foreclose the mortgage, alleging that they had paid off the replevin... Most Relevant Cases  
Porter's Ex'r v. Silver 5 J.J.Marsh. 33, Court of Appeals of Kentucky (October 27, 1830) 1830 William Porter, who died in 1815, devised his estate, consisting of a few slaves and other property wholly personal, to his five children, four daughters and a son, to be equally divided among them, when the daughters should marry, or the son should attain twenty-one years of age; until which time, he directed James Porter, his executor, to retain... Most Relevant Cases  
Prewitt v. Singleton's Ex'rs 3 J.J.Marsh. 707, Court of Appeals of Kentucky (April 29, 1830) 1830 Prewitt filed his bill to be relieved against a judgment, obtained on a note executed to John Hawkins and wife, acting as executors of E. Singleton, deceased, for the hire of a slave, upon the ground that Hawkins, who hired the slave, at the time of the hiring cautiously concealed the fact that the slave was diseased. Hawkins having died, the... Most Relevant Cases  
Quando v. Clagett 4 Cranch C.C. 17, Circuit Court, District of Columbia (May 14, 1830) (1830) 1830 Petition for freedom. Mrs. Clagett made her will, as follows: In the name of God, &c. After my decease it is my will that my woman Maria, and all her increase, including the children that she now has, to be free and manumitted forever; and that the money that is now due to me, be received by Thomas Clagett, and for the support... Most Relevant Cases  
Ragland v. Wickware 4 J.J.Marsh. 530, Court of Appeals of Kentucky (October 13, 1830) 1830 A scire facias against the estate of Samuel Wickware, as principal, and Benjamin Vance and Wm. Stewart, as sureties, was levied on a slave, Ned, as the property of the said Samuel, and in his possession; Elisha Wickware claimed the slave, as trustee for Samuel Wickware's children; a jury impanneled to try the right of property, found that the title... Most Relevant Cases  
Robertson's Heirs v. McDaniel 5 J.J.Marsh. 11, Court of Appeals of Kentucky (October 25, 1830) 1830 Dower. Distribution. Administration. Administrator. Parties. ERROR TO THE OHIO CIRCUIT; ALNEY McLEAN, JUDGE. Jennings Robertson died intestate, leaving eight infant children, and a widow, and, among other articles of property, two slaves. M'Daniel having afterwards married one of the daughters, filed a bill in chancery, in conjunction with his... Most Relevant Cases  
Robin v. King 2 Leigh 140, Supreme Court of Appeals of Virginia (March 01, 1830) 1830 (Absent Coalter, J.) In suit by persons held in slavery against their master to recover their freedom, defendant claimed plaintiffs as slaves by purchase of them as slaves from W. K. deceased; and plaintiffs offered K. K. widow of W. K. to prove that W. K. in his lifetime, before sale to defendant, repeatedly declared, in presence of his family,... Most Relevant Cases  
Rogers v. McKnight 4 J.J.Marsh. 154, Court of Appeals of Kentucky (June 23, 1830) 1830 Consideration. Pleas. Fraud. Rescision of Contract. ERROR TO THE SHELBY CIRCUIT; HENRY DAVIDGE, JUDGE. To an action of debt brought by McKnight, as assignee, against Rogers, the latter pleaded; that the note sued on, was given in consideration of a female slave sold to him by the assignor and for no other consideration; that at the time of the... Most Relevant Cases  
Simon v. Paine's Administrator 4 Cranch C.C. 99, Circuit Court, District of Columbia (November 01, 1830) 1830 This was a suit for freedom [by negroes Simon and Lewis against Paine's administrator], docketed this term by an order of the court made ex parte. Most Relevant Cases  
Smart v. Baugh 3 J.J.Marsh. 363, Court of Appeals of Kentucky (April 06, 1830) 1830 Devisee. Detinue. Limitation. General Issue. Evidence. Assumpsit. Debt. Slaves. ERROR TO THE FRANKLIN CIRCUIT; HENRY DAVIDGE, JUDGE. This is an action of detinue, by J. P. Smart v. Betsy Baugh, for a female slave named Catharine. On the general issue, a verdict and judgment were rendered for the defendant. Smart claims the slave in right of his... Most Relevant Cases  
Smart v. Easley 5 J.J.Marsh. 214, Court of Appeals of Kentucky (December 24, 1830) 1830 Detinue. Limitation. Baron and Feme. Wills. Acceptance of a Legacy. Evidence. Possession. ERROR TO THE SHELBY CIRCUIT; HENRY DAVIDGE, JUDGE. A verdict and judgment having been rendered in favor of the defendant in error, in an action of detinue brought against him by the plaintiff, for a slave, Isaac, this writ of error is prosecuted to reverse the... Most Relevant Cases  
Smart v. Johnson 3 J.J.Marsh. 373, Court of Appeals of Kentucky (April 06, 1830) 1830 This was an action of detinue for a slave. Plea, non-detinet. Verdict and judgment for the defendant. The only point relied on in argument, in behalf of the plaintiff in error, is that the defendant could not prove five years' adverse possession of the slave, under the plea of non-detinet, so as to justify the court in giving an instruction to the... Most Relevant Cases  
Smith v. Tucker 2 Dev. 541, Supreme Court of North Carolina (December 01, 1830) 1830 Slaves were, before the act of 1823 (Rev. c. 1211) by deed, limited to a woman and her children at present living, and those she may hereafter have, to have, &c. to her in manner aforesaid, for life, and afterwards to her present children, and any which may hereafter be born. Held, that the limitations being in succession, the mother... Most Relevant Cases  
Smith v. Wiggins 3 Stew. 221, Supreme Court of Alabama (July 01, 1830) 1830 THIS was an action of detinue for a slave, tried before Judge Taylor, in Franklin Circuit Court, at September term, 1828, in which W. W. Wiggins was plaintiff, and J. Smith was defendant. The plaintiff recovered the slave, or his value, which was fixed at $450, and $218 for the detention. The errors assigned by Smith in this Court, arise on a bill... Most Relevant Cases  
Stanback v. Waters 4 Cranch C.C. 2, Circuit Court, District of Columbia (April 01, 1830) 1830 Action on the case [by George Stanback against Joseph Waters] for enticing away and receiving the plaintiff's slave, named Williamson, in Virginia, and bringing him into the District of Columbia. The 1st count was for enticing Williamson from the service of the plaintiff, knowing him to be the plaintiff's slave. The 2d count was for receiving the... Most Relevant Cases  
State v. Henry 2 Mo. 218, Supreme Court of Missouri (September 01, 1830) 1830 This was an indictment in the Circuit Court of St. Louis county to which the defendant pleaded not guilty. On the trial the State produced a witness named Joseph Lee, a colored man, who was alleged to be the owner of the property, charged to have been stolen. He testified that he was a barber in the city of St. Louis, and kept a shop for carrying... Most Relevant Cases  
State v. Tom 2 Dev. 569, Supreme Court of North Carolina (December 01, 1830) 1830 A conspiracy to murder, unaccompanied by an intent to rebel or make insurrection, is within the meaning, as well as the words of the act of 1802 (Rev. c. 618) to prevent conspiracies and insurrections among slaves. On an indictment for conspiracy against two, the acquittal of one is the acquittal of the other. The prisoner was indicted under the... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Stevens v. Ely 1 Dev.Eq. 493, Supreme Court of North Carolina (December 01, 1830) 1830 Slaves can only be held as property; and conveyances, having for their object either their emancipation or a qualified state of slavery, are against public policy, and a trust results for the donor or his executor. As where slaves were conveyed in trust to permit them to live together, and be industriously employed, and that the donee should... Most Relevant Cases  
Stockett v. Watkins' Adm'rs 2 G. & J. 326, Court of Appeals of Maryland (June 01, 1830) 1830 There were five exceptions taken on the trial of this case, which is an action for the use and occupation of land, and for the work, labor, and services of negroes, brought by the administrators of Watkins against Stockett. The first and fourth were filed by the plaintiffs, and were not used by them. The remaining three have had a full share of our... Most Relevant Cases  
Thomas v. Commonwealth 2 Leigh 741, General Court of Virginia (November 01, 1830) 1830 (Absent Daniel and Lomax, J.) T. carries the slaves of D. out of the state, without the owner's consent, with intent to deprive him of the slaves, until T. should receive a reward for apprehending and restoring them: Held, this is felony in T. under the statute, 1 Rev. Code, ch. 111. § 30. Indictment against T. for carrying out of the state,... Most Relevant Cases  
Thrift v. Hannah 2 Leigh 300, Supreme Court of Appeals of Virginia (June 01, 1830) 1830 A feme sole, owner of slaves, makes a written instrument of emancipation of them, in November 1798, to take effect in futuro; this instrument is attested by two witnesses; it is partly proved by one of them, and continued for further proof, in April 1799, in the county court of Fluvanna, where the emancipator then resided; in November 1799, the... Most Relevant Cases  
Turpin v. Turpin 3 J.J.Marsh. 327, Court of Appeals of Kentucky (January 19, 1830) 1830 New Trial. Motion. Noli Prosequi. ERROR TO THE GARRARD CIRCUIT; JOHN L. BRIDGES, JUDGE. At the June term of the Garrard circuit court, 1828, Jas. Turpin recovered a judgment in an action of detinue, against Hezekiah Turpin and others, for a slave named Stephen, if to be had, if not, then his value, and damages for the detention and costs. At the... Most Relevant Cases  
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