TitleCitationYearSummaryMost RelevantTypeStatus
City Council of Charleston v. Gunderman 3 Hill (SC) 75, Court of Appeals of Law of South Carolina (April 01, 1836) 1836 Summary process to recover the penalty for selling liquor to a slave whose name and owner were unknown. The proof was that the name of the slave and his owner were both known to the prosecutor and attorney. Motion to amend the process by inserting the name of the slave and his owner, refused. Most Relevant Cases  
Com. v. Aves 18 Pick. 193, Supreme Judicial Court of Massachusetts (January 01, 1836) 1836 A citizen of any one of the United States where negro slavery is established by law, who comes into this State for any temporary purpose of business or pleasure, bringing a slave with him as a personal attendant, and stays some time, but does not acquire a domicil here, cannot restrain the slave of his liberty during his continuance here, and carry... Most Relevant Cases  
Cooley v. Weeks 18 Tenn. 141, Supreme Court of Tennessee (December 01, 1836) 1836 The several bills, answers, and proof in this case show that C. & W. Bayliss were judgment creditors of the complainant, Cooley, and that an execution in their favor was levied on a negro girl, Delia, the property of complainant, and that, when she was sold, C. Bayliss, for C. & W. Bayliss, purchased her. The girl was sold the 25th day of May,... Most Relevant Cases  
Davis v. Braden 35 U.S. 286, Supreme Court of the United States (January 01, 1836) 1836 ON a certificate of division in opinion from the circuit court of the United States for West Tennessee. At September term 1825, an action of detinue was instituted in the circuit court, by John H. Davis against Alexander Braden, to recover a negro slave. During the progress of the suit, the plaintiff died, and the suit was revived in the name of... Most Relevant Cases  
De Lacy v. Antoine 7 Leigh 438, Supreme Court of Appeals of Virginia (April 01, 1836) 1836 In considering this case I concede at once that under our law the habeas corpus is not the proper method of trying the right to freedom. The act of 1795 has prescribed the remedy which the negro must pursue, declaring that he must present his petition, in the manner prescribed by the act, to the court of the county in which the master or holder... Most Relevant Cases  
De Millen v. McAlliley 2 McMul. 499, Court of Appeals of Law of South Carolina (January 01, 1836) 1836 Where a deed of gift from a parent to his daughter (the plaintiff) of a negro, contained, among other things, after appointing trustees, the following provisos, Provided always, and these presents are upon this special trust and confidence, and upon this express condition, that the said trustees, their executors or administrators, shall and... Most Relevant Cases  
Dunnaway v. State 17 Tenn. 350, Supreme Court of Tennessee (December 01, 1836) 1836 The court erred in rendering the judgment in this case. 1st. The charge is that the defendant kept a tippling-house, and that it was of a disorderly character. But the jury do not find that he kept a tippling-house at all; therefore the court could not rightfully pronounce that he kept a disorderly tippling-house. It is argued that, as the negroes... Most Relevant Cases  
Dutart v. Chovin Ril. 170, Court of Appeals of Law of South Carolina (April 01, 1836) 1836 The court having arrived at the conclusion, that the declarations of Elizabeth Chovin, that she had accepted the negroes from Gaillard, in satisfaction of the bond, referred to in the first ground of the motion, was improperly rejected, it will be unnecessary to express any opinion on the merits of the case.I shall therefore confine myself... Most Relevant Cases  
Flora v. State 4 Port. 111, Supreme Court of Alabama (June 01, 1836) 1836 The plaintiff in error was indicted for the murder of one Willis Sanford. In the indictment it is alleged, that she was a slave, and the property of Allen and Richard Sanford, administrators of Willis Sanford, deceased. Upon the trial of the case, there was no proof that she was their property, or that administration upon the estate of Willis... Most Relevant Cases  
Fogartie v. Hubbell Ril. 24, Court of Appeals of Law of South Carolina (January 01, 1836) 1836 This was an action of trover, to recover the value of two negroes. The negroes were once the property of one Sealy, the former husband of Mrs. Fogartie. Sealy conveyed them, during coverture, to James M. Lowry, in trust for Mrs. Fogartie, then Mrs. Sealy. Sealy was indebted to Hubbell, who sued the defendants, after their intermarriage; and... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Franklin v. Long 7 G. & J. 407, Court of Appeals of Maryland (June 01, 1836) 1836 The vendor gave a receipt to the vendee's agent for a sum of money in full payment for his slave, whom he warranted to be sound in body and mind, and a slave for life; and at the same time he gave the agent an order on the sheriff of the county to deliver the negro, then confined in the jail for safe keeping. When the agent arrived at... Most Relevant Cases  
Gibbons v. Dunn 1 Dev. & Bat. 446, Supreme Court of North Carolina (June 01, 1836) 1836 Where a testator bequeathed a female slave to his wife, during her natural life, or widowhood, and in a subsequent clause of his will, provided that the slave should become the property of my daughters A. and B., at their mother's death, or at the time that my son Thomas arrives at sixteen years of age; and her increase, if... Most Relevant Cases  
Glascock v. Hays 4 Dana 58, Court of Appeals of Kentucky (April 12, 1836) 1836 FROM THE CIRCUIT COURT FOR BRECKINRIDGE COUNTY. The points stated. Elizabeth Hays having obtained a judgment in detinue against William Glascock, for a male slave, he prosecutes this writ of error, and relies on three grounds for a reversal:--that is, first that the Circuit Court erred in permitting a part only of an answer filed by him, to a bill... Most Relevant Cases  
Graham v. Graham's Ex'rs 3 Hill (SC) 145, Court of Appeals of Law of South Carolina (April 01, 1836) 1836 To create a sole and separate estate for the wife, free from the control of her husband, there must be a clear and distinct expression of that intention, in the deed or will creating the estate: it was therefore held that the following words in a will, viz: I give, divise and bequeath to Mrs. Sarah Cooper, wife of George Cooper, Senr. all my... Most Relevant Cases  
Graham v. Swearingin 17 Tenn. 276, Supreme Court of Tennessee (April 01, 1836) 1836 The question before us is whether the circuit court erred in overruling the demurrer to defendants' plea. The whole question of course turns upon the construction of the above covenant, and is whether the promise to return or redeliver the negro, because expressed in writing and under seal, shall be construed as a special contract and undertaking,... Most Relevant Cases  
Hagan v. Lucas 35 U.S. 400, Supreme Court of the United States (January 01, 1836) 1836 IN error to the district court of the United States for the southern district of Alabama. A judgment was obtained in a state court of Alabama, against B. and M., and the sheriff, under an execution issued upon the judgment, levied on certain slaves, as the property of the defendants. They were claimed by L. and were delivered to him, he having... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Hamilton v. Franklin 4 Cranch C.C. 729, Circuit Court, District of Columbia (May 01, 1836) 1836 Detinue for a slave. Both parties claimed under one Howard; the plaintiff [William Hamilton] by virtue of a bill of sale made in Charles county, in Maryland, in 1829; the defendants [Franklin and Armfield] under a recent sale in Alexandria, D. C. The bill of sale to the plaintiff, which was absolute upon its face, was acknowledged and recorded... Most Relevant Cases  
Hamlin v. Alston 1 Dev. & Bat. 479, Supreme Court of North Carolina (June 01, 1836) 1836 Where one, upon the marriage of his daughter, made a parol gift of slaves to her husband, who died, leaving two infant daughters, and appointed the donor executor of his will, and guardian of his children, to whom he bequeathed the slaves--It was held, that the donor might, under the act of 1806, (Rev. ch. 701,) resume the possession of them,... Most Relevant Cases  
Hamrico v. Laird 18 Tenn. 222, Supreme Court of Tennessee (December 01, 1836) 1836 This is a contest between the complainant, who, as administrator of his wife and by virtue of his marital right, seeks to recover certain negroes, the separate property of his wife, from the defendant Martin Laird, the trustee of his wife, and from one of her next of kin, who have the negroes in possession. The other defendants are also her next of... Most Relevant Cases  
Harris v. Firth 4 Cranch C.C. 710, Circuit Court, District of Columbia (March 01, 1836) 1836 Petition for freedom [by Herbert Harris, a negro], on the ground that he was brought from Virginia into this county, to reside, contrary to the Maryland Act of 1796 (chapter 67). The petitioner offered evidence that one Wilkes, was at the head of a company of sportsmen, (gamblers,) who resided in Richmond in Virginia. That he had hired a house in... Most Relevant Cases  
Hawthorn v. Hunter 8 Leigh 411, Supreme Court of Appeals of Virginia (July 01, 1836) 1836 This was an action on the case by Hunter against Hawthorn, in the circuit court of Mason county, for a deceit in the sale of a negro. The defendant pleaded not guilty, and issue was joined. When the cause was called for trial, the defendant moved the court to continue it till the next term. At the same time the plaintiff moved that the defendant... Most Relevant Cases  
Hite v. Goodman 1 Dev. & Bat.Eq. 364, Supreme Court of North Carolina (June 01, 1836) 1836 Where the justices of a county meet out of court, and in their public character offer a reward for the apprehension of outlawed slaves, they are not personally bound, although the county is not responsible upon their engagement. One who without fraud contracts in the name of another, but without his authority, is not personally liable upon the... Most Relevant Cases  
Howe v. McDermott 4 Cranch C.C. 711, Circuit Court, District of Columbia (March 01, 1836) 1836 Trover [by Howe, executor of Frail, against John McDermott], for a slave. There was a verdict for the plaintiff at the last term. The court at that term, upon affidavits granted a new trial upon the condition of payment of costs. Upon the first calling of the trial-docket of this term, the defendant, who lived in Maryland, had not paid the costs,... Most Relevant Cases  
Hudgens v. Spencer 4 Dana 589, Court of Appeals of Kentucky (November 03, 1836) 1836 FROM THE CIRCUIT COURT FOR CUMBERLAND COUNTY. Spencer, a man of color, claiming to be free in consequence of a deed of emancipation, acknowledged in Virginia, in 1790, by John Baker, the then owner of his mother, Judy, and liberating her and other slaves--sued Hudgens, in chancery, for the purpose of establishing his claim. A slaveholder executed a... Most Relevant Cases  
In re Bodine's Will 4 Dana 476, Court of Appeals of Kentucky (October 18, 1836) 1836 FROM THE NELSON COUNTY COURT. A paper purporting to be the last will of Catherine Bodine--in which, among other things, she declared that her slave Jenny should be set free whenever she should cease child-bearing, and that other slaves should be set free after designated periods not yet expired--having been exhibited by... Most Relevant Cases  
In re Miles' Will 4 Dana 1, Court of Appeals of Kentucky (April 06, 1836) 1836 FROM THE SHELBY COUNTY COURT. This appeal is brought to reverse an order, by the County Court of Shelby, admitting to record a paper purporting to be the last will of Sarah Miles, making testamentary disposition of slaves and chattels. And the only question presented in this Court is, whether--the name of the testatrix not having been subscribed,... Most Relevant Cases  
John v. Morton 8 G. & J. 391, Court of Appeals of Maryland (December 01, 1836) 1836 Upon a petition for freedom, the petitioners to establish their right thereto, offered to prove, the due execution of a paper, purporting to be the last will and testament of their former owner, by which they claim to be manumitted. But it appearing that the same paper had been exhibited in the Orphans court for probate, and probate refused, upon a... Most Relevant Cases  
Jones v. Sasser 1 Dev. & Bat. 452, Supreme Court of North Carolina (June 01, 1836) 1836 A person, who has title to a slave, will not be estopped, by reason of any concealment or misrepresentation of that title, from setting it up against one who claims as a volunteer. The title to slaves cannot be transferred without consideration, by virtue of an estoppel, arising from the misrepresentations of the owner, as that would be in... Most Relevant Cases  
Knight v. Leak 2 Dev. & Bat. 133, Supreme Court of North Carolina (December 01, 1836) 1836 A vested remainder in slaves may be sold during the life of the tenant for life, under a fi. fa. against the person entitled to such remainder. Upon an execution against A. and B., if the sheriff levies upon and sells a certain slave, who was in the possession of A., as the absolute property of A., and in the bill of sale describes the slave as the... Most Relevant Cases  
Lillard v. Rucker 17 Tenn. 64, Supreme Court of Tennessee (March 01, 1836) 1836 The material error in the charge of the circuit court to the jury, and upon the ground of which we feel very clear that the judgment must be reversed, consists in the statement that, although the deed of gift set up by the defendants was not registered in the county of Rutherford, where the negroes were, and where they were at its execution, still,... Most Relevant Cases  
Lindsay v. King 3 Port. 406, Supreme Court of Alabama (June 01, 1836) 1836 The defendant in error obtained several judgments against Thomas Carlton, in the Circuit Court of Bibb county. Executions were issued and levied on several slaves, which Isaac S. and Robert W. Carlton claimed as their property: the right being tried and found against them, they prosecuted an appeal; and a bond was executed by Isaac S., and Lucy... Most Relevant Cases  
Mahon v. Johnston 7 Leigh 317, Supreme Court of Appeals of Virginia (March 01, 1836) 1836 I am of opinion, that upon the facts of this case we cannot disturb the verdict of the jury. There is no proof of a gift; on the contrary, the plaintiff took the precaution of a written acknowledgment from his son in law, that he received the girl as a loan; and though he declared, afterwards, that he took the writing to protect the slave from... Most Relevant Cases  
Manning v. Cox 4 Cranch C.C. 693, Circuit Court, District of Columbia (March 01, 1836) 1836 The plaintiff's original declaration contained three counts, namely, 1. Indebitatus assumpsit for $100 for work, and labor, &c., in nursing the defendant's slave, at the defendant's request, while sick of the smallpox, at the plaintiff's house. 2. For money paid, laid out, and expended, at the defendant's request, for the like purpose. 3. Insimul... Most Relevant Cases  
Manns v. Givens 7 Leigh 689, Supreme Court of Appeals of Virginia (July 01, 1836) 1836 (Absent Brooke, J.) An instrument in writing to emancipate slaves is executed under hand and seal, and attested by two witnesses, but is never, in the lifetime of the maker of the instrument, proved by the witnesses nor acknowledged by the maker in the court of the county where he resided; after the maker's death, the slaves named in the instrument... Most Relevant Cases  
McCoy v. Martin 4 Dana 580, Court of Appeals of Kentucky (November 01, 1836) 1836 FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. The action. Neal McCoy brought an action of covenant against Richard Martin, for a breach of covenant contained in a bill of sale for a slave, sold by Martin to McCoy, warranting the soundness of the slave. The declaration, after setting out the usual declaratory statement, concludes as follows:-- The... Most Relevant Cases  
McCullough v. Moore 17 Tenn. 305, Supreme Court of Tennessee (June 01, 1836) 1836 The question made in this record is whether Fanny Moore, the plaintiff below, is a slave and the property of the defendant below in his character of representative of Daniel Slavins, deceased. This question depends upon the construction and effect of the records set forth in the bill of exceptions. These records show that on the third Monday of... Most Relevant Cases  
McKay v. Williams 1 Dev. & Bat.Eq. 398, Supreme Court of North Carolina (December 01, 1836) 1836 Slaves held in trust to be divided among A.'s children who may be now living, and those who represent a deceased child, in proportion and after the same manner, as if they were claiming them as next of kin of their father, are not liable to an execution at law. And in equity, a creditor under an assignment subsequent in date to the... Most Relevant Cases  
McMullin v. Brown 2 Hill Eq. 457, Court of Appeals of Equity of South Carolina (December 01, 1836) 1836 The object of this bill is to charge certain slaves, Dinah, Fann, Sam, Tuff, Jim, Ransom, Aggy and Peggy, now in possession of defendant, Brown, with the payment of about $4000, remaining due on a decree obtained in the Court of Chancery by the plaintiff, against John Dunovant and John Kidd, executors of Middleton M'Donald, jr., who was executor of... Most Relevant Cases  
Meechum v. Judy 4 Mo. 361, Supreme Court of Missouri (June 01, 1836) 1836 The statute says negroes, &c., cannot be witnesses, except in pleas of the State where negroes are defendants, and in other cases when negroes alone are parties to the suit. The counsel insists, that as Newton is the real defendant, the case is not one where negroes alone are concerned, and that the court ought to look to the real parties, in... Most Relevant Cases  
Middleton v. Holmes 3 Port. 424, Supreme Court of Alabama (June 01, 1836) 1836 This was an action of trespass, which was brought against the plaintiff in error, by Thomas Holmes, for killing his slave. After a demurrer to the pleas of the defendant to the action, had been sustained by the Court, a final judgment was rendered upon a verdict on the general issue, against him. That the Court erred, in the judgment on demurrer,... Most Relevant Cases  
Nailor's Children v. Nailor 4 Dana 339, Court of Appeals of Kentucky (October 06, 1836) 1836 FROM THE CIRCUIT COURT FOR GARRARD COUNTY. The bill--its allegations. Edward Nailor and others, representing themselves as the only children of George Nailor by a former wife, filed their bill against said George and his present wife, and others to whom he had, within a short time past, sold slaves--alleging that their father was nearly... Most Relevant Cases  
Ogburn v. Ogburn 3 Port. 126, Supreme Court of Alabama (January 01, 1836) 1836 The note, upon which the action in this case was founded, was given, for the purchase money of a slave, sold and delivered, by John Ogburn, to Nicholas Ogburn, on the day the note was made. The purchaser has been in possession of the slave, ever since the sale. Upon the trial of the cause, the plaintiff in error, who was the defendant in the... Most Relevant Cases  
Overton v. Bigelow's Adm'r 18 Tenn. 48, Supreme Court of Tennessee (December 01, 1836) 1836 The complainant commenced this suit in the chancery court at Carthage, for the purpose of redeeming certain negroes conveyed by him to the defendant's intestate by a bill of sale, absolute upon its face, but which complainant insisted should, under the circumstances, be deemed and adjudged a mortgage. The bill in the chancery court was dismissed,... Most Relevant Cases  
Overton v. Morris 3 Port. 249, Supreme Court of Alabama (January 01, 1836) 1836 The facts of this case, so far as the matters, in the bill, answer and exhibits, can properly be noticed, appear to be, that sundry negroes, the property of Dabney Morris, which were under a deed of trust, to secure sundry creditors, were sold at public auction, by the trustee; that one of the negroes was purchased at said sale, by one Pitman C.... Most Relevant Cases  
Paca v. Dutton 4 Mo. 371, Supreme Court of Missouri (June 01, 1836) 1836 Dutton, the plaintiff, is a woman of color, suing for freedom. It appears that in the year 1752, the colonial legislature of Maryland, passed an act authorizing persons owning negro slaves of a certain description, to set them free under certain restrictions. That on or about the year 1787, one Josias William Dallam owned and possessed the... Most Relevant Cases  
Patterson v. Franklin 7 Leigh 590, Supreme Court of Appeals of Virginia (December 01, 1836) 1836 By deed of gift, attested by two witnesses and duly recorded, the donor, at his own and his wife's death, gives to his son a negro woman slave. The woman afterwards, in the lifetime of the donor, has children. HELD, the children born before the period at which the donee was to have the mother, do not pass to the donee. In 1820, William Franklin... Most Relevant Cases  
Pirtle's Adm'r v. Cowan's Adm'r 4 Dana 302, Court of Appeals of Kentucky (October 04, 1836) 1836 FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. This was an action of detinue brought for the recovery of a slave, by Harrison, as administrator de bonis non, of Amelia Pirtle, against Chinn, administrator of Cowan, who had been the first administrator of Pirtle. The action, and fiduciary characters of the parties. It appears that, after the death of... Most Relevant Cases  
Rachael v. Walker 4 Mo. 350, Supreme Court of Missouri (June 01, 1836) 1836 Rachael the plaintiff in error, brought an action according to the statute for freedom, the defendant Walker pleaded not guilty and a verdict and judgment were given for the defendant. It appears by the record, that in the fall of the year 1830, E. T. Langham, then residing in the Missouri territory, at or near the mouth of the St. Peters, came to... Most Relevant Cases  
Randolph v. Hill 7 Leigh 383, Supreme Court of Appeals of Virginia (March 01, 1836) 1836 (Absent Brooke, J.) Plaintiff hires a slave to defendant to work in his coal pits, and the slave being one evening at work in one of the pits with other labourers, they are all sickened by foul air, and are drawn out; next morning the overseer of the pits sends down the foreman, a trustworthy and experienced slave, to examine with a lamp and... Most Relevant Cases  
Reed v. Brashers 3 Port. 375, Supreme Court of Alabama (June 01, 1836) 1836 The plaintiff here, (who was plaintiff below,) brought his action of trover, in the Circuit Court of Shelby, against the defendants, to recover damages, for the conversion, by them, of a female slave, named Eliza. On the trial, he proposed to read to the jury, for the purpose of shewing his right to recover, a record of the proceedings in an action... Most Relevant Cases  
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