Title | Citation | Year | Summary | Most Relevant | Type | Status |
Anderson v. Commonwealth |
5 Leigh 740, General Court of Virginia (July 01, 1835) |
1835 |
A free negro is prosecuted, convicted and sentenced, for grand larceny, in a corporation court, under the statute of 1831-2, ch. 22. § 11.: HELD, a writ of error does not lie from the circuit superiour court to the judgment of the corporation court in such case. Case adjourned from the circuit superiour court of Petersburg. Anderson, a free... |
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Arnold v. Arnold |
1 Dev. & Bat.Eq. 111, Supreme Court of North Carolina (June 01, 1835) |
1835 |
Upon no principle can the motion be sustained. The plaintiff was not entitled to the possession; for the master has reported a balance of nine hundred and thirty-eight dollars and ninety-six cents, to be due from him for the purchase money, for which the defendant had a right to retain the negroes as a security. But the defendant did not have the... |
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Bates v. Hinton |
4 Mo. 78, Supreme Court of Missouri (June 01, 1835) |
1835 |
Mary Hinton sued Bates by petition and summons on four several bonds, the defendant pleaded six pleas. 1st, payment. 2nd, non est factum. 3rd, set off. 4th, that the bonds were given for three negroes sold by Clayton B. Hinton to defendant, and represented by C. B. Hinton to be slaves for life and to be his property, the plea then avers the slaves... |
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Bedford's Adm'rs v. Clay |
3 Dana 226, Court of Appeals of Kentucky (June 12, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. The facts and pleadings. Sidney Bedford, who though a father and husband was an infant, bought two slaves, and gave, to the vendors, his promissory note for the payment of the price. During his minority he died, having, after he had attained eighteen years of age, made a will in which he devised the slaves... |
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Bennett v. Williamson |
1 Dev. & Bat. 282, Supreme Court of North Carolina (December 01, 1835) |
1835 |
Where a testator bequeathed certain slaves to the children of his daughter, and expressed his wish that his son-in-law should not have the use or control of the said slaves; and then subjoined, but if she survives him, then my said daughter may have the use of said slaves during her widowhood; it was held, that... |
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Bishop v. Duncan |
3 Dana 15, Court of Appeals of Kentucky (April 14, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR HOPKINS COUNTY. A slave supposed to be the property of James Duncan, having been sold in satisfaction of an execution which had been issued against him in favor of Bishop, Coleman Duncan, who claimed the slave in virtue of some alleged transfer from James Duncan, afterwards sued Bishop, in trespass, for the sale, and... |
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Black v. Ray |
1 Dev. & Bat. 334, Supreme Court of North Carolina (December 01, 1835) |
1835 |
We think the judgment must be affirmed. The gift of the slave and land, and all the other articles, is in the same sentence. There is but a single disposing word, bequeath, in the beginning of the clause, which extends to each thing given; and there is but one expression directing the quantity of estate, during her life-time which is in the end... |
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Blackmore v. Phill |
15 Tenn. 452, Supreme Court of Errors and Appeals of Tennessee (March 01, 1835) |
1835 |
This was an action brought by Phill, a man of color, against the plaintiffs in error, in the circuit court of Sumner county, for trespass and imprisonment, to try his right to freedom. The issue to the country is on this point. The principal evidence from the record appears to be that the elder Hadley had been the owner of the plaintiff below, with... |
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Boykin v. Ciples |
2 Hill Eq. 200, Court of Appeals of Law and Equity of South Carolina (February 01, 1835) |
1835 |
The objection made to the manner in which Mrs. Boykin sues, if valid, comes too late. The slaves are expressly exempted from the contracts of the husbands. Of course the husbands' deeds are invalid, as respects the wives. I shall not, however, interfere with the legal liabilities of these three husbands and executors, to make good the warranties of... |
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Brent v. Armfield |
4 Cranch C.C. 579, Circuit Court, District of Columbia (October 01, 1835) |
1835 |
This was a petition for freedom. The defendant [John Armfield] claimed under Mr. Ariss Buckner, of Virginia. The petitioner [Rachel Brent] claimed freedom by having been brought into the county of Washington, D. C., by Mr. Buckner, from Virginia, to reside, or for sale, contrary to the first section of the Maryland act of 1796, c. 67. The defendant... |
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Bright v. Wagle |
3 Dana 252, Court of Appeals of Kentucky (October 09, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR ROCKCASTLE COUNTY. Statement of the case. Bright, the son-in-law of Taylor, received from him, on loan, a negro boy, and after remaining in possession of him, for more than five years, on the 20th of December, 1830, made a contract with Wagle, and executed the following writing:-- Know all men by these presents,... |
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Brown v. Lowens |
3 Dana 473, Court of Appeals of Kentucky (October 26, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR JESSAMINE COUNTY. This writ of error is brought to reverse a judgment by default, in an action of covenant on the following writing:--For and in consideration of the services of a negro man, James, the property of William Lowens, for the next year, commencing on the first day of January next, and ending the 25th day of... |
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Brown v. Shields |
6 Leigh 440, Supreme Court of Appeals of Virginia (May 01, 1835) |
1835 |
In case for deceit in sale of a slave, in respect of the title, first count in declaration charges the deceit; and second charges, that defendant represented the slave to be an absolute slave when he was in truth a slave only for a term of years, without charging fraud or deceit; the court refuses to instruct the jury to disregard the second count;... |
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Brummel v. Stockton |
3 Dana 134, Court of Appeals of Kentucky (May 30, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR GREEN COUNTY. The only question which need to be considered in this ??ase, is whether the fact that an absolute bill of sale of a slave shows on its face, that the vendor has not delivered the possession to the vendee, but retains it himself, under a covenant to deliver the slave at a future day, is sufficient to bring... |
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Brummet v. Barber |
2 Hill (SC) 543, Court of Appeals of Law and Equity of South Carolina (January 01, 1835) |
1835 |
In this case, several questions are made on the appeal, by both the plaintiff and the defendant. Those made by the latter are precedent to the main question involving the plaintiff's right to recover. They will be first considered. 1. It is contended that the paper signed by Zadock Perry, and containing the terms on which he received the slaves... |
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Bryan v. Wadsworth |
1 Dev. & Bat. 384, Supreme Court of North Carolina (December 01, 1835) |
1835 |
A petition filed in the County Court, praying permission to emancipate a slave at such time as the owner may think proper, and a decree of the Court granting such permission, upon the owner's complying with the directions of the acts of the general assembly, in such cases provided, is not a valid act of liberation,... |
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Buford v. Francisco |
3 Dana 68, Court of Appeals of Kentucky (April 27, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR FRANKLIN COUNTY. Francisco, alleging that he was Buford's surety to the Bank of the United States, for five hundred dollars, and that he believed that Buford was about to remove from this State, and carry with him all his property, obtained an injunction for restraining the removal of some slaves, unless security should... |
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Caldwell v. Gillis |
2 Port. 526, Supreme Court of Alabama (June 01, 1835) |
1835 |
This was a bill in Chancery, filed by the defendants in error, against the plaintiff, who was the relict, and administratrix of the father of Nancy; as also, against several others, co-distributees with the said Nancy, of the estate of her deceased father. The object of the bill, was to recover two negro children, on the ground alleged, that the... |
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Casey v. Smales |
4 Mo. 77, Supreme Court of Missouri (June 01, 1835) |
1835 |
Smales commenced his action on a bond by petition and summons against Casey?? Casey pleaded that the bond was fraudulently obtained, and proceeding to state especially the fraudulent conduct of Smales, charged that the consideration of the bond was a negro man slave publicly exposed to sale by Smales to the highest bidder, and to induce others to... |
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Cawthorn v. Deas |
2 Port. 276, Supreme Court of Alabama (June 01, 1835) |
1835 |
This is a writ of error, brought by the plaintiff, to a judgment rendered for the defendant, in the Circuit Court of Henry county, in an action of trespass on the case; instituted to recover damages from the plaintiff for an injury done to the defendant, by the slaves of the plaintiff. A bill of exceptions taken during the progress of the cause,... |
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Cesar v. Chew |
7 G. & J. 127, Court of Appeals of Maryland (June 01, 1835) |
1835 |
A testator devised as follows:--I also bequeath to my aforesaid nephew N, all my personal property, consisting of bonds, notes, furniture of whatever kind, and negroes, upon the terms herein mentioned; my woman A to serve two years after my death, then to be free, and her child, now six years old, to serve until she is twenty-eight years old, then... |
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Chiles v. Bernard's Ex'rs |
3 Dana 95, Court of Appeals of Kentucky (May 28, 1835) |
1835 |
This is an action of detinue brought by the executors of John Bernard, deceased, against William Chiles, for a female slave named Ester; whom he bought, in 1823, at a sheriff' sale, under a fieri facias in favor of Frederick Loring against Joshua Bernard; who, claiming the slave in right of his wife, transferred her, in April, 1809, to John... |
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City of St. Louis v. Hempstead |
4 Mo. 242, Supreme Court of Missouri (October 01, 1835) |
1835 |
The Mayor, Aldermen and Citizens of the city of St. Louis, brought an action before the Mayor of the city of St. Louis, to recover a penalty of ten dollars, imposed on the owners of slaves, for permitting the slaves to drive and manage drays. The plaintiffs had judgment before the Mayor, the defendant appealed to the Circuit Court where the... |
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Commons v. Walters |
1 Port. 323, Supreme Court of Alabama (January 01, 1835) |
1835 |
Error from Perry Circuit Court--Before the Hon. P. T. HARRIS. Walters, the defendant in error, brought an action of slander against Commons, in the Circuit Court below, for saying that he, Walters, bought cotton of negro slaves; and in one count, that he hired negroes to steal cotton and bought it of them. Justification and the general issue were... |
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Commonwealth v. Ned of Campbell |
6 Leigh 607, General Court of Virginia (December 01, 1835) |
1835 |
Slaves emancipated by will prior to the passing of the statute of 1805-6, ch. 63. § 10. though their right to freedom under the will did not accrue till after that statute took effect, are not within the provisions of the statute, and may lawfully remain in the commonwealth. Cases adjourned from the circuit superiour court of Nansemond. Two... |
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Crane v. Anderson |
3 Dana 119, Court of Appeals of Kentucky (May 29, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. Francis Crane, acting as the committee of Overton Crane, who had been regularly found to be a lunatic, and the custody of whose person and estate had been, by an order of the Fayette Circuit Court, committed to the said Francis, sued Oliver Anderson, in detinue, for a slave named Dick, the property of the... |
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Crane v. Brundage |
14 N.J.L. 602, Supreme Court of Judicature of New Jersey (February 01, 1835) |
1835 |
This was an action of debt, brought by Brundage against Crane, for penalties under the statute for the gradual abolition of slavery, Rev. Laws, 679, for not registering the birth of a colored child. There is no error apparent on the face of the justice's docket. The summons seems to have been duly served; the defendant did not appear, and the... |
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Davis v. Davis |
4 Mo. 204, Supreme Court of Missouri (August 01, 1835) |
1835 |
It appears by the record that Thomas J. Davis was and is the executor of the last will of his father S. Davis--that as such he qualified and proceeded to execute the will. That the widow, Elizabeth Davis, moved in the County Court of Marion county, for a rule on him to show cause why he should not inventory five slaves, which she alleged formed a... |
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Deakins v. Hollis |
7 G. & J. 311, Court of Appeals of Maryland (December 01, 1835) |
1835 |
A testamentary paper, which professes to cancel a former will, dispose of the balance of the testator's estate after the payment of his just debts, and directs that none of his slaves shall be sold out of the State, cannot be considered merely as a revocation, and must be established by the same proof as is demanded for a will. Persons, incompetent... |
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Dillingham v. Estill |
3 Dana 21, Court of Appeals of Kentucky (April 15, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR MADISON COUNTY. To an action of covenant brought by Estill against Dillingham, for a breach of a warranty of soundness contained in a bill of sale of two slaves, the defendant (now appellant,) in substance and effect, pleaded that the following writing--I, Benjamin Estill, release said Dillingham from any... |
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Douglas v. Morford |
16 Tenn. 373, Supreme Court of Tennessee (August 01, 1835) |
1835 |
As between the parties, it is admitted by the argument the title passed, and that the sale of the slave was valid by force of the bill of sale and delivery of possession, without registration, as holden in Cains v. Marly, 2 Yerg. Rep. 583, and Davis v. Mitchell, 5 Yerg. Rep. 287. Such has been the construction given to the act of 1784, ch. 10, sec.... |
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Elliott v. Elliott |
1 Dev. & Bat.Eq. 57, Supreme Court of North Carolina (June 01, 1835) |
1835 |
A deed whereby a husband conveyed to his wife several slaves, without the intervention of a trustee, will not be set up in equity, where the parties lived unhappily, where there was no evidence of a delivery, except the production of the deed by the wife after the death of her husband, and where she had never claimed the slaves during the husband's... |
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Estill v. Shelley |
2 Port. 185, Supreme Court of Alabama (January 01, 1835) |
1835 |
This is an action of trespass, vi et armis, for taking and carrying off a slave, the property of the plaintiff. The declaration is in the common form, but the blanks, as to the time of committtng of the alleged trespass, are not filled up; for this, there is a general demurrer. This defect is cured by the statute of amendments, which considers all... |
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Ex parte Giberson |
4 Cranch C.C. 503, Circuit Court, District of Columbia (March 01, 1835) |
1835 |
In the case of Thornton v. Davis [Case No. 13,998], which was a petition for freedom, upon a motion for attachment against the defendant for disobeying an injunction, H. B. Robinson and Madison Jeffers, two of the constables of this county, having been charged, in argument, by Mr. Brent, with assisting the defendant in violating the injunction,... |
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Fable v. Brown |
2 Hill Eq. 378, Court of Appeals of Law and Equity of South Carolina (March 01, 1835) |
1835 |
John Fable, a foreigner, settled in Charleston some years ago, and acquired some property, of which a house and lot in the city constitutes the principal and most valuable part. He had two (illegitimate) coloured children by a female slave. Before his death, he made and duly executed his last will and testament, on the 24th June, 1831, by which he... |
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Fenwick v. Chapman |
34 U.S. 461, Supreme Court of the United States (January 01, 1835) |
1835 |
IN error to the circuit court of the United States, for the county of Washington in the District of Columbia. The defendants in error instituted a suit in the circuit court to recover their freedom, alleging that they were entitled to it under the last will and testament of their late mistress, Frances Edelin deceased, in the state of Maryland. The... |
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Fenwick v. Tooker |
4 Cranch C.C. 641, Circuit Court, District of Columbia (November 01, 1835) |
1835 |
This was a petition for freedom. By the Maryland law of 1796 (chapter 67), which was continued in force in the county of Washington, D. C., by the act of congress of the 27th of February, 1801 (1 Stat. 103), it was not lawful to bring into this county any slave for sale, or to reside therein, with some exceptions not material to the present case.... |
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Frazier v. Frazier's Ex'rs |
2 Hill Eq. 304, Court of Appeals of Law and Equity of South Carolina (May 01, 1835) |
1835 |
The questions which arise for the present consideration of the Court, are: 1. Is the bequest as to the freedom of the slaves valid and effectual? 2. If not, who are entitled to them? On the first question I have no doubt: our statute forbids the emancipation of slaves, and declares the act null and void. An argument was set up for the... |
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Gatlin v. Darden |
1 Dev. & Bat.Eq. 72, Supreme Court of North Carolina (June 01, 1835) |
1835 |
Several defences have been set up to this bill, and among others, the ordinary statute of limitations. The legal interest in the negroes, subject to the life estate, had vested in Francis and Henry Speight.--After the mistaken division, there was no impediment to an action of detinue by the administrators of those estates to recover the possession... |
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Gentry v. McMinnis |
3 Dana 382, Court of Appeals of Kentucky (October 16, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR GARRARD COUNTY. Suit for freedom. The plaintiff in error asks the reversal of a judgment for costs and nominal damages, obtained against him, by the defendant in error, on an issue involving her liberty or slavery, in an action of trespass, which, for trying her claim to freedom, she had instituted in consequence of his... |
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Gibbs v. Mermaud |
2 Edw.Ch. 482, Chancery Court of New York (January 01, 1835) |
1835 |
A surety in a bond cannot have a writ of ne exeat against the principal as incidental to relief. G. had become surety that M., a captain of a vessel sailing from Turks Island, would not take any slave away. A slave was found on board his vessel after sailing for New York. G. filed his bill to be protected as surety and for a writ of ne exeat.... |
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Griffin v. Potter |
14 Wend. 209, Supreme Court of Judicature of New York (January 01, 1835) |
1835 |
The legislature had the power to require persons entitled to the services of children born of slaves, to cause a record to be made of the ages of such children, and in default thereof, to reduce the term of servitude. A strict compliance with the terms of the act in this particular must be shown, or the term of servitude will be reduced. Where,... |
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Hall v. Browder's Adm'rs |
4 Howard 224, High Court of Errors and Appeals of Mississippi (January 01, 1835) |
1835 |
A demurrer to evidence with joinder therein, is an issue in law, and it was held to be error where the court overruled the demurrer, and awarded a jury trial. It is a well established principle of law, that upon the termination of a life estate, or freehold, held by the husband jure uxoris, the emblements growing upon the land vest in the husband... |
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Harbour v. Rayburn |
15 Tenn. 432, Supreme Court of Errors and Appeals of Tennessee (March 01, 1835) |
1835 |
This is an action of detinue for a negro girl. The plaintiff claims under a deed of trust executed to him on the 28th day of September, 1826, by which the negro was conveyed, by Elijah Harbour, to the plaintiffs, to be held in trust for the benefit of his daughter Sally Kerlogue. The negro had been placed in possession of Kerlogue about a year... |
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Harlan v. Murrell |
3 Dana 180, Court of Appeals of Kentucky (June 06, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR GREEN COUNTY. The decree for foreclosing the mortgage, and selling the slave mortgaged, is erroneous:-- In a suit to foreclose a mortgage the notes, if not made exhibits, are no part of the record; and a description in the bill of one, as a note for 190--will not justify a decree, upon the bill taken pro... |
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Harley v. De Witt |
2 Hill Eq. 367, Court of Appeals of Law and Equity of South Carolina (December 01, 1835) |
1835 |
The questions arising out of the grounds of this motion, are: 1. As to the rule by which the value of slave hire is to be ascertained. 2. Whether the defendant is bound to account to plaintiff for the rent of the wife's land. In the case of Lyles v. Lyles, 1 Hill's Ch. Rep. 87, and in some other cases there referred to, the Court adopted the... |
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Harrison v. Hicks |
1 Port. 423, Supreme Court of Alabama (January 01, 1835) |
1835 |
Error from the County Court of Bibb County. Nathan Hicks brought an action of trover in the Circuit Court, against J. J. Harrison and Absalom Harrison, for the value of a slave by the name of Harry. The defendants pleaded not guilty; and the jury found a verdict for the plaintiff for the sum of seven hundred dollars. From the bill of exceptions,... |
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Hatfield v. Montgomery |
2 Port. 58, Supreme Court of Alabama (January 01, 1835) |
1835 |
The defendants in error, P. R. Montgomery and W. Belcher, of Tennessee, charge by bill, that in 1807 or 1809, Hugh Montgomery, father of complainant Montgomery, conveyed to Hatfield, then of Campbell county, Tennessee, a negro girl, Malinda, for three hundred dollars. After bargaining for said girl, at the time of making the conveyance aforesaid,... |
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Hawkins v. State |
1 Port. 475, Supreme Court of Alabama (January 01, 1835) |
1835 |
On a point reserved by the Limestone Circuit Court. This was a question reserved by the court below, for the determination of this court, arising on the trial of Hawkins for horse-stealing. The prisoner pleaded, that subsequent to the commission of the offence with which he was charged, if committed at all, he had been convicted for negro-stealing,... |
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Henry v. Patrick |
1 Dev. & Bat. 358, Supreme Court of North Carolina (December 01, 1835) |
1835 |
Where the intent with which the delivery of a slave was made, becomes important, in a contest about the sale of the slave, the circumstances evincing that intent, one way or the other, should be left to the jury; and in such a case, it would be error in the Court to pronounce, that the fact of sale is proved or disproved. DEBT upon a bond.... |
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