Title | Citation | Year | Summary | Most Relevant | Type | Status |
Crow v. Tinsley |
6 Dana 402, Court of Appeals of Kentucky (June 01, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR MERCER COUNTY. On the 11th of April, 1831, Daniel McIlvoy executed a deed of trust, including various articles of property, for securing to Crow and Jarvis a debt of eight hundred and eighty dollars, and to several other creditors other debts. The deed embraced (inter alia) four slaves previously mortgaged (October 5th,... |
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DAMAGES TO SPANISH SLAVE OWNERS OCCASIONED BY UNITED STATES TROOPS. |
3 U.S. Op. Atty. Gen. 391 (December 18, 1838) |
1838 |
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Administrative Decisions & Guidance |
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Daniel v. Morrison's Ex'r |
6 Dana 182, Court of Appeals of Kentucky (April 10, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR BOURBON COUNTY. Statement of the case. Henry Clay, as executor of James Morrison, having sued Thomas I. Garret in detinue for some slaves his testator had bought from Garret, in September, 1818, but permitted to remain in his possession--filed a bill in chancery, enjoining their removal beyond the jurisdiction of the... |
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Deane v. Hansford |
9 Leigh 253, Supreme Court of Appeals of Virginia (February 01, 1838) |
1838 |
I am clearly of opinion, that the limitation over to the children of Elizabeth Lee, contained in the will of Cooke, is too remote, being after a quasi estate tail to Thomas Deane; and as this point puts an end to the case, it is unnecessary to notice any other. After the death of Mary Deane, the testator lends certain slaves and their increase to... |
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Dunlap v. Archer |
7 Dana 30, Court of Appeals of Kentucky (June 18, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR GREENUP COUNTY. Archer, a man of color, having obtained a verdict and judgment for damages, in an action of assault and battery brought by him against Dunlap and Collins, for trying his right to freedom--this writ of error is prosecuted for reversing the judgment. The purchaser of a slave, at the time of the purchase,... |
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Erskine v. Henry |
9 Leigh 188, Supreme Court of Appeals of Virginia (February 01, 1838) |
1838 |
(Absent Brooke and Parker, J.) Testator devises and bequeaths all his estate, real and personal, to R. C. for her life, and at her death, all his negroes to be free; and again, bequeaths at her death to T. & G. F. all his personal estate, except his negroes who are then to be free: HELD, the increase of the negroes, born during the life of the... |
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Fenwick v. Grimes |
5 Cranch C.C. 439, Circuit Court, District of Columbia (March 01, 1838) |
1838 |
This was an action upon the case, for deceit by [Guy Grimes] the purchaser of a female slave, by which the vendor [Edward Fenwick] was induced to sell her for less than the market price. The declaration contained two counts. 1. The first count stated, that in conversation between the plaintiff and defendant concerning the purchase of the... |
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Gaines v. Tibbs |
6 Dana 143, Court of Appeals of Kentucky (April 09, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR GREEN COUNTY. In an action of replevin, brought against them by Gaines, for two slaves, Tibbs and Akin filed various pleas--among which were an avowry by the former, and a cognizance by the latter, in which they avowed that Akin, having in his hands, as deputy sheriff a fieri facias in favor of Tibbs, and against one... |
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Gambling v. Read |
19 Tenn. 281, Supreme Court of Tennessee (December 31, 1838) |
1838 |
In this case the proof shows satisfactorily that Jesse Gambling, the complainant, some time about the 24th of April, 1837, sold to John Read, one of the defendants, the negro child Marcus, the subject of controversy, for the sum of $150, to be paid on the 25th of December following, and retained the right and title in himself as security for the... |
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Gee v. Gee |
2 Dev. & Bat.Eq. 103, Supreme Court of North Carolina (June 01, 1838) |
1838 |
A marriage settlement which directs the trustee, in the event of the wife dying without issue of the marriage before her husband, to transfer to him all her property excepting her land and slaves, and to convey them as she should appoint; in the event of the wife's surviving the husband, there being no issue of the marriage, held upon the recital... |
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Gist v. Rodgers |
Rice 79, Court of Appeals of Law of South Carolina (December 01, 1838) |
1838 |
James Dugan, by deed dated the 3d of April, 1832, gave to Robert M'Daniel, Nathaniel Gist, Argulous Jeter and William Moore, a large estate, consisting of lands, negroes, stock and debts, to be equally divided among them: to them and their heirs forever; provided, nevertheless, that the above-named Robert, Nathaniel, Argulous and William pay all... |
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Gray v. Crocheron |
8 Port. 191, Supreme Court of Alabama (June 01, 1838) |
1838 |
Error to the Circuit court of Autauga. Trover for a slave, tried before Harris, J. |
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Grimsley v. Riley's Adm'rs |
5 Mo. 280, Supreme Court of Missouri (June 01, 1838) |
1838 |
The administrators of Riley sued Grimsley, Fleischman and Thompson. in the St. Louis Circuit Court, upon an alleged sealed instrument?? Grimsley pleaded, 1. That the supposed writing obligatory declared on was not his deed. 2. That the slaves mentioned in the said writing were never delivered and used under and in virtue of said writing obligatory.... |
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Haile v. Palmer |
5 Mo. 403, Supreme Court of Missouri (May 01, 1838) |
1838 |
Palmer and wife brought an action of detinue against Haile for several slaves. The defendant, Haile, pleaded non detinet and several other pleas. A trial was had in the Circuit Court of St. Francois county, and verdict was given against Haile in gross for the value of the slaves, and also for damages. There are two counts in the declaration: the... |
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Henderson v. Henderson's Adm'r |
5 Cranch C.C. 469, Circuit Court, District of Columbia (May 01, 1838) |
1838 |
Chancery attachment of slaves, the property of the deceased John Henderson, for a debt due by him, in his lifetime, to the plaintiff [Tarlton T. Henderson]. |
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Hendrick v. Robinson's Adm'r |
7 Dana 165, Court of Appeals of Kentucky (October 05, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR WARREN COUNTY. This writ of error seek the reversal of a decree directing the administrators of Basil Robinson, deceased, to surrender to the children and distributees of John Hendrick, deceased, (whose wife was one of the distributees of said Basil,) a female slave--Tabitha, and several other slaves--her children, and... |
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Holt v. Salmon & Stroud |
Rice 91, Court of Appeals of Law of South Carolina (December 01, 1838) |
1838 |
By a law of the state of Georgia, demand and notice are dispensed with, and indorsers and assignors of notes are made liable, as securities. By the same act, the holder forfeits his remedy if he does not sue in three months after notice to do so. The defendants in this case, who were citizens of South-Carolina, bought a negro from the plaintiff,... |
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Hundley v. Perry |
7 Dana 359, Court of Appeals of Kentucky (November 01, 1838) |
1838 |
This bill was filed in the Louisville Chancery Court, by Perry, a negro man, to assert and establish his right to freedom, against John B. Hundley, who claimed and had long held him as a slave. Suit for freedom, by Perry, a colored man; who shows that he once belonged to C. H. of M.d., who, by deed, dated in 1802, duly recorded there, and in Ky.... |
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Hunt v. Davis |
3&4 Dev. & Bat. 36, Supreme Court of North Carolina (June 01, 1838) |
1838 |
According to the settled law of the land, before the act of 1823, (sec. 1 Rev. Stat. c. 37, sec. 22) making certain limitations of slaves by deed valid, a conveyance of a slave by deed, after a life estate, or with a reservation of a life estate therein, was void. Graham v. Graham, 2 Hawks, 322--Foscue v. Foscue, 3 Hawks, 538--Sutton v. Hallowell,... |
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In re Hannah |
2 Harr. 365, Superior Court of Delaware (April 01, 1838) |
1838 |
The liability of the owner of a slave discharged after thirty-five years of age, to repay the trustees of the poor the expense of maintaining such slave; extends to the children and legatees of such owner. In the Court of General Sessions for Kent county, Comegys, for the trustees of the poor, obtained a rule on Clarissa Cooper, administratrix d.... |
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Jacob v. Sharp |
19 Tenn. 114, Supreme Court of Tennessee (June 15, 1838) |
1838 |
Jacob was the property of Abraham Vernon, who in 1825 made his last will and testament, and shortly afterwards died. After devising some pecuniary legacies the will proceeds, and the residue to be at the disposal of my wife as she wishes; and my negroes named Jacob, Jinne, and her two children, Jack and Malinda, I wish her to keep them if... |
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Jennings v. Corporation of Washington |
5 Cranch C.C. 512, Circuit Court, District of Columbia (November 01, 1838) |
1838 |
Appeal from the judgment of a justice of the peace against the appellant [Mary Jennings], who was a free mulatto, for the penalty of $10, for being out after ten o'clock at night, contrary to a by-law of the corporation. |
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Jones v. State |
19 Tenn. 120, Supreme Court of Tennessee (June 01, 1838) |
1838 |
The plaintiff in error is a free man of color. The property charged to have been stolen, was found in his possession and at the time it was so found he alleged that he had gotten it from Peter, a man of color. The case was one in which the alleged guilt of the prisoner depended upon circumstantial testimony, and on the part of the prisoner certain... |
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Jordan v. Black |
19 Tenn. 142, Supreme Court of Tennessee (June 21, 1838) |
1838 |
Elizabeth Morgan, who was the relict of Gideon Morgan, Sen., and the owner of several negroes, of a mercantile establishment, and of valuable real estate, being without any children and of a somewhat advanced age, entered into a treaty of marriage with the defendant, who was a widower with three children. He is much younger than Mrs. Morgan, and he... |
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King v. Mims |
7 Dana 267, Court of Appeals of Kentucky (October 22, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR CHRISTIAN COUNTY. Lucy Mims, claiming title to a female slave, Edy and her infant child, brought this action of detinue, in 1835, to recover them from Benjamin A. King. A verdict and judgment having been rendered for the plaintiff, and the defendant's motion for a new trial having been overruled, a reversal of the... |
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Lane v. Price |
5 Mo. 101, Supreme Court of Missouri (May 01, 1838) |
1838 |
Lane hirea a negro man of Price for one year, and gave his bond for eighty dollars, the amount of the hire, and subsequently paid it without complaint. Lane afterwards sued Price before a justice of the peace, to recover for time lost by said negro man in consequence of sickness while he was hired to said Lane. Price had judgment before the... |
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Laughlin v. Ferguson |
6 Dana 111, Court of Appeals of Kentucky (April 04, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR CLARKE COUNTY. This bill was filed by John Laughlin, to enjoin perpetually the enforcement against him of a forthcoming bond, executed by him, as the surety of George Snyder; for the delivery of a negro woman and her infant child, taken in execution as the property of Snyder, under a judgment of the Clarke Circuit Court,... |
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Lemon v. Johnson |
6 Dana 399, Court of Appeals of Kentucky (May 31, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR BULLITT COUNTY. This was an action of detinue, brought by Sally Johnson against J. H. Lemon, for the recovery of two female slaves; and the only question to be considered by this Court, is whether the Circuit Court erred in rejecting evidence by which the defendant in the action attempted to prove that the plaintiff had... |
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Lexington & O.R. Co. v. Kidd |
7 Dana 245, Court of Appeals of Kentucky (October 20, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. The action. This is an action of trover, by Walker Kidd against The Lexington and Ohio Railroad Company, for the alleged conversion of a slave named Philip. The facts exhibited in the record are, in effect, briefly these. On a Sabbath day, in October, 1835, Philip, who was then in the possession and... |
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Lightfoot v. Strother |
9 Leigh 451, Supreme Court of Appeals of Virginia (July 01, 1838) |
1838 |
It appears by the special verdict in the case, that when Lightfoot purchased from Daniel, neither he nor Plummer the loanee of Strother had been in possession of the slaves in controversy by the space of five years. Our act to prevent frauds and perjuries declares, that loans of goods and chattels made or pretended to be made to any... |
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Locke v. Armstrong |
2 Dev. & Bat.Eq. 147, Supreme Court of North Carolina (December 01, 1838) |
1838 |
The litigation begun by the plaintiff at this late day, must, we think, under the circumstances of this case, be fruitless to her. The Court is satisfied that the plaintiff received through her guardian, and in the payment from him after she came of full age, her share of her father's personal estate, inclusive of the price of the slave. If she... |
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Madison & Latimer v. McCullough |
Rice 38, Court of Appeals of Law of South Carolina (December 01, 1838) |
1838 |
In an action on a note for the purchase money of a negro slave, the vendor's title to which was warranted on the sale, the defendants set up, by way of discount, certain defects in the title, and claimed an abatement of the price. The supposed defects depended upon many contingencies; no loss to the defendants had occurred, and it was uncertain... |
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Magee v. Toland |
8 Port. 36, Supreme Court of Alabama (June 01, 1838) |
1838 |
Error to the Circuit Court of Greene. Detinue for a slave. To the declaration, defendant plead non detinet, and the jury found a special verdict, as follows: |
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McChord's Trustees v. Booker |
6 Dana 260, Court of Appeals of Kentucky (April 18, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR NELSON COUNTY. By his last will, published in 1827, William T. Caldwell, senior, made the following provision for the benefit of his married daughter, Lydia McChord and her children:--I give to my executors the tract of land whereon John McChord now lives, with all the appurtenances thereto, and all the negroes in... |
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McClintock v. Hunter |
Dud. 327, Court of Appeals of Law of South Carolina (May 01, 1838) |
1838 |
In an action to recover damages for the breach of warranty of the soundness of a negro, what he has said to a witness in relation to his feelings, whilst afflicted with the disease, is competent evidence; but the declarations of the negro, as to the time when the disease commenced, are inadmissible. |
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McCutchen v. McCutchen |
8 Port. 151, Supreme Court of Alabama (June 01, 1838) |
1838 |
Error to the Circuit court of Jackson county. Detinue for a slave. |
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McMorine v. Storey |
3&4 Dev. & Bat. 83, Supreme Court of North Carolina (June 01, 1838) |
1838 |
The plaintiff was a creditor of David Davis deceased, and he has brought this action of assumpsit against the defendant, charging him as executor de son tort of the said Davis. Plea--ne unques executor. The case states that before the time the slaves (which were assets of David Davis' estate) came to the possession of Storey, the defendant, there... |
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McPherson's Ex'rs v. Ferguson's Ex'r |
Dud.Eq. 224, Court of Appeals of Equity of South Carolina (February 01, 1838) |
1838 |
A conveyance, though attended with suspicious circumstances, will not be presumed to be without consideration and colorable only, where a consideration is expressed upon its face. A volunteer, taking a benefit under a deed, canot impeach it as fraudulent. |
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Miller v. Dawson & Brown |
Dud. 174, Court of Appeals of Law of South Carolina (February 01, 1838) |
1838 |
The words, free Indians in amity with this government, employed in the fourteenth section of the Act of 1740, are applicable to one who has no connexion with any tribe, and is domiciled in this State. The term mustizo, used in the same section, is confined to admixtures of the Indian and negro races. |
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Minor v. Stewart |
2 Howard 912, High Court of Errors and Appeals of Mississippi (January 01, 1838) |
1838 |
The testator bequeathed certain slaves to Ann for life; then to Stephen and William, a proportionate part of the whole of his estate, and directed the same to be paid when they should incline to marry and settle themselves. Payment being made before the death of Ann; held that S. and W. could recover the said slaves as a specific bequest. It would... |
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Mobley v. Fossett |
3&4 Dev. & Bat. 93, Supreme Court of North Carolina (June 01, 1838) |
1838 |
After stating the case, proceeded as follows:--The mode of contracting for this species of property, prescribed by the act of 1819, (1 Rev. stat. c. 50. sec. 8,) that is, in writing signed &c., was complied with by the parties. The defendant's positively refusing to take the slave Sam at all, dispensed with the necessity of a tender of him at... |
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Muldrow ads. Jones |
Rice 64, Court of Appeals of Law of South Carolina (December 01, 1838) |
1838 |
If a person having a possessory title to land enters by force, and turns out a person who has a naked possession only, the latter cannot maintain trespass against the person so entering under color of title; and if a person, having a legal right of entry on land, enters by force, though he may be indicted for a breach of the peace, yet he is not... |
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Mulliken v. Greer |
5 Mo. 489, Supreme Court of Missouri (August 01, 1838) |
1838 |
Greer brought his action of detinue in the Circuit Court against Mulliken, and he having obtained judgment there, Mulliken appeals to this court. The evidence of the case is, that in the month of October, 1834, Greer, the plaintiff intermarried with Patsey Mulliken, daughter of the defendant; that a few weeks after the marriage, two slaves, which... |
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Nancy v. Snell |
6 Dana 148, Court of Appeals of Kentucky (April 09, 1838) |
1838 |
FROM THE CIRCUIT COURT FOR SCOTT COUNTY. The appellant sued Snell for her freedom; failed in the Circuit Court, and has appealed to this Court. Suit at law, by a colored woman held in slavery, for her freedom, claimed as bequeathed to her in Maryland, by her former owner, who lived and died there. She claims her freedom under the will of Ann... |
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O'Connell v. Strong |
Dud. 265, Court of Appeals of Law of South Carolina (February 01, 1838) |
1838 |
A master is liable for injuries to third persons arising from the negligence of his servant, or the negligence or misfeasance of the slave, whilst in the lawful and authorized employment of the master. |
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Phillips v. Hicks |
1 Ark. 245, Supreme Court of Arkansas (July 01, 1838) |
1838 |
This is an action of detinue for the recovery of a slave. The declaration contains but one count, which is in the ordinary form, as on a case of bailment. The defendant put in two pleas to the action: The first, a plea of non detinet, and secondly the plea of the statute of limitations. Issues were formed on both pleas, and on the trial, the... |
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Pickett v. Barber |
Dud.Eq. 238, Court of Appeals of Equity of South Carolina (May 01, 1838) |
1838 |
The marital rights of the husband were held not to have attached upon the wife's interest in negroes, being a part of the undisposed residue of an estate, of which the husband was in possession as executor, but who, at the time of his death, had not fully executed the trusts of the will by the payment of the debts and legacies. |
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Potter v. Coward |
19 Tenn. 22, Supreme Court of Tennessee (April 09, 1838) |
1838 |
Two questions are presented for the consideration in this case. 1. Did the court below err in refusing to grant a new trial, because of misdirection to the jury? The plaintiff had exposed to public sale a lot of negroes for cash; at the sale the defendant was the highest and best bidder, and the negroes were struck off to him by the auctioneer who... |
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POWER OF PRESIDENT TO CAUSE SURRENDER OF SLAVES IN REFUGE WITH INDIANS. |
3 U.S. Op. Atty. Gen. 370 (August 30, 1838) |
1838 |
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Most Relevant |
Administrative Decisions & Guidance |
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Pratt v. Wright |
5 Mo. 192, Supreme Court of Missouri (April 01, 1838) |
1838 |
William Wright, the defendant in error, brought an action of replevin in the Marion Circuit Court, against the plaintiffs in error, to recover a slave. On the issues the parties went to trial before the court, as to the law and the facts, without the intervention of a jury. The court found the issue for the plaintiff, Wright, and gave judgment... |
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