TitleCitationYearSummaryMost RelevantTypeStatus
Harrison v. Harrison 1 Call 419, Supreme Court of Appeals of Virginia (October 01, 1798) 1798 The executors of the mortgagee of slaves and not the heir should bring the bill to foreclose. And if no executors or administrators it should be suggested and the children of the mortgagee should be made parties. The act of limitations runs in equity in favour of an adverse possession. HENRY Harrison eldest son and heir at law of Henry Harrison... Most Relevant Cases  
Harry v. Lyles 4 H. & McH. 215, General Court of Maryland (October 01, 1798) 1798 APPEAL from Prince George's county court, dismissing the appellant's petition for freedom. At the trial in the county court the following bills of exceptions were taken: 1. The petitioner offered evidence to the jury to prove, that in 1790 he was brought into the state of Maryland by the defendant, from the commonwealth of Virginia. To rebut this... Most Relevant Cases  
Ingles v. Donalson 3 N.C. 57, Superior Courts of Law and Equity of North Carolina (January 01, 1798) 1798 TROVER for a Negro named Cæsar; not guilty, and upon the evidence the case appeared to be thus: That the Negro formerly belonged to Murray, who in the county court of Edgcombe, at November term, in the year 1792, confessed judgment to Garner for the sum of forty pounds or thereabouts, upon which judgment and execution issued, tested 27th... Most Relevant Cases  
Latham v. Outen 3 N.C. 66, Superior Courts of Law and Equity of North Carolina (September 01, 1798) 1798 TROVER for a negro. Dawson was the owner; he gave and delivered the negro to his daughter now married to Outen, in 1791, and afterwards swapped him to Lotham for another, and delivered him to Lotham also; then Outen got the possession, and on demand refused to deliver to Lotham. The act of 1784, ch. 10, sec. 7, requires sales of slaves to be in... Most Relevant Cases  
Lowe v. Gist 5 H. & J. 106, General Court of Maryland (May 01, 1798) 1798 (a). Lowe vs. Gist, General Court, May term 1798. This case came up on a writ of error to Prince-George's county court, and was an action of replevin, brought by the plaintiff in error, for a negro slave named Charles The defendant pleaded non cepit and property, and issues were joined. At the trial the plaintiff offered in evidence a deed of... Most Relevant Cases  
Mahoney v. Ashton 4 H. & McH. 210, General Court of Maryland (October 01, 1798) 1798 THIS was a petition for freedom; the petitioner claiming to be descended from Ann Joice, a free woman. At October term, 1797, the following special verdict was found, to wit: We the jury, impannelled and sworn to try the issue in this case, do upon our oath find, that the petitioner, Charles Mahoney, is the son of Nelly, who was the daughter... Most Relevant Cases  
STATE v. CHARLES LOAPCUM. 2 Del.Cas. 240, Supreme Court of Delaware (May 15, 1798) 1798 Indictment for the murder of Jacob Loadnum, the slave of Joseph David. Most Relevant Cases  
STATE v. JOHN MILLIS. 2 Del.Cas. 238, Supreme Court of Delaware (May 01, 1798) 1798 Indictment. Rescue from a constable. Committed by Chief Justice Bassett for assault on first [count]: Negro Mingo, slave of John Millis, was by said Millis rescued from the custody of John Clark, constable. Second count, for making an affray, commanded John Clark to arrest said Mingo and deliver him to the jailer. Was rescued, etc. This was on... Most Relevant Cases  
State v. Weaver 3 N.C. 54, Superior Courts of Law and Equity of North Carolina (January 01, 1798) 1798 INDICTMENT for the murder of a negro man named Lewis, the property of Smith, not guilty pleaded; and the trial now came on. In his charge to the jury.--The nature of the evidence is such as makes it necessary you should have clear ideas respecting the requisites to constitute several denominations of homicide; that is to say, justifiable homicide,... Most Relevant Cases  
Withrington v. Williams 3 N.C. 64, Superior Courts of Law and Equity of North Carolina (September 01, 1798) 1798 TROVER for a negro, and not guilty pleaded; whereupon the jury found a special verdict; the counsel on both sides agreeing thereto, and to be bound by the opinion Judge Haywood should deliver thereon, which verdict was to the effect following. That the defendant had the negro and converted him; that she formerly was the widow of one Ferguson, who... Most Relevant Cases  
Anonymous 3 N.C. 86, Superior Courts of Law and Equity of North Carolina (March 01, 1799) 1799 DETINUE for a negro slave, proven to have been given and delivered to the plaintiff in the presence of witnesses, and to have been kept and continued in possession of the plaintiff's guardian for several years. Harris objected that there should have been a deed of gift recorded. Most Relevant Cases  
Boisneuf v. Lewis 4 H. & McH. 414, General Court of Maryland (October 01, 1799) 1799 APPEAL from Frederick county court, from a judgment rendered in that court in favour of the appellee, on a petition for freedom. The bill of exceptions, taken at the trial, states, that the petitioner, (Pierre Lewis.) claimed his freedom from having been brought into this state from the island of Saint Domingo in the year 1793. The defendant, in... Most Relevant Cases  
Chapman v. Chapman 4 Call 430, Supreme Court of Appeals of Virginia (April 01, 1799) 1799 In 1760, Nathaniel Chapman, a wealthy man, died in Maryland, intestate, whether from accident or design, does not appear, nor is it material, since it does not appear, that he was prevented from making a will by fraud or accident. It is fortunate for his younger children, that on a general view of his slaves and personal estate, none of them were... Most Relevant Cases  
Collins v. Westbury 2 Bay 211, Constitutional Court of Appeals of South Carolina (April 01, 1799) 1799 So cautiously does the law watch over all contracts, that it will not permit any to be binding but such as are made by persons perfectly free, and at full liberty to make or refuse such contracts, and that not only with respect to their persons, but in regard to their goods and chattels also. Contracts to be binding must not be made under any... Most Relevant Cases  
Corbin v. Waller 3 N.C. 108, Superior Courts of Law and Equity of North Carolina (October 01, 1799) 1799 The executor, who is one of the defendants, procured an order from the county court of Warren, to sell the slaves of the testator for the purpose of making a division amongst the legatees, there being five negroes and six legatees: the jury have found that this sale was conducted fairly. The executor himself purchassd four of the negroes for less... Most Relevant Cases  
David v. Porter 4 H. & McH. 418, General Court of Maryland (October 01, 1799) 1799 CERTIORARI to Frederick county court, whereby the proceedings in that court, on a petition for freedom, were removed to this court. It appears that the petitioner stated his claim to freedom to arise under the laws of the state of Pennsylvania for the abolition of slavery. The testimony taken proves the petitioner to have been the property of one... Most Relevant Cases  
Dick v. Gibbins 1 Del.Cas. 222, Court of Common Pleas of Delaware (April 30, 1799) 1799 Petition for freedom. Most Relevant Cases  
Draper v. Freeny 1 Del.Cas. 248, Court of Common Pleas of Delaware (November 17, 1799) 1799 Summons, freedom. Most Relevant Cases  
Eckhols v. Graham 1 Call 492, Supreme Court of Appeals of Virginia (April 01, 1799) 1799 Names of slaves taken under execution should be endorled. If plaintiff sues a second execution be fore the property taken under the first is disposed of, he waives the first and destroys the lien on the property taken under the first. GRAHAM and Trigg brought trover against Eckhols in the District Court of New London, for three slaves to wit, a... Most Relevant Cases  
Hargis v. Vaughan 1 Del.Cas. 241, Supreme Court of Delaware (October 11, 1799) 1799 This was an action of debt, £100 for exporting a slave without permit. Most Relevant Cases  
Hazzard v. Walton 1 Del.Cas. 221, Court of Common Pleas of Delaware (April 30, 1799) 1799 Replevin for a Negro. Property pleaded. Most Relevant Cases  
Hinde v. Pendleton Wythe 354, High Court of Chancery of Virginia (March 01, 1799) 1799 The pltff., known to have a feeling of attachment to certain slaves that were sold at auction, was induced to bid and buy them at an exorbitant price by a by-bidder. One of the defts. suspecting that some would decline bidding in order to favor the pltff., instructed the auctioneer not to let the slaves be sold under a reasonable value. The... Most Relevant Cases  
Hobdy v. Egerton 3 N.C. 79, Superior Courts of Law and Equity of North Carolina (March 01, 1799) 1799 THIS action was for the recovery of a male slave; he had been left by the will of their father to the defendants, who were infants; their elder brother brought the negro from South-Carolina and sold him to Hobdy, and then returned to South-Carolina, and lived near the defendants six or seven years after their arrival to full age, and they never... Most Relevant Cases  
Hynes v. Lewis' Ex'rs Tay. 44, Superior Courts of Law and Equity of North Carolina (January 01, 1799) 1799 It is found by the special verdict that in the year 1782, upon the death of Mary Lewis, widow of Charles Lewis, a division was made of the negroes bequeathed by Charles, and that those mentioned in the declaration were allotted to Frances Lewis, then a widow, who immediately took them into possession. That in May, 1790, being so possessed, she... Most Relevant Cases  
John v. Dawson 2 Yeates 449, Supreme Court of Pennsylvania (January 01, 1799) 1799 One who is not an inhabitant of Westmoreland county before 23d September 1780, brings a slave from Maryland into that county in October 1782, and registers him in December following, the negro is entitled to his freedom. HOMINE replegiando. Plea property. It was admitted on trial, by both parties, that the plaintiff was born a slave in Maryland,... Most Relevant Cases  
Mahoney v. Ashton 4 H. & McH. 295, General Court of Maryland (May 01, 1799) 1799 PETITION for freedom, the petitioner claiming to be descended from a free woman named Ann Joice. 1. The petitioner, at the trial of the issue, by his counsel, produced and offered to read in evidence to the jury the deposition of Ann Hurdle, taken by consent on the the 28th of May 1797. But the defendant, by his counsel, objected to the following... Most Relevant Cases  
Montgomery v. Black 4 H. & McH. 391, General Court of Maryland (September 01, 1799) 1799 REPLEVIN for a negro slave. The sheriff returned, replevied and delivered, and the defendant summoned. The state of the case was, that James Black, of New Castle county, in the state of Delaware, died in possession of the negro in question. That by his will he appointed four executors, the plaintiffs and George Black, and Wallace, who renounced.... Most Relevant Cases  
Plato v. Bainbridge 4 H. & McH. 416, General Court of Maryland (October 01, 1799) 1799 APPEAL from the county court of Frederick, from a judgment in that court, dismissing the petition filed therein for freedom, by the present appellant. A case, embracing the following facts, was submitted to the county court for their opinion, viz. That a certain Peter Bainbridge, a citizen of the United States, was a resident of the state of South... Most Relevant Cases  
Smith v. Weaver 3 N.C. 108, Superior Courts of Law and Equity of North Carolina (October 01, 1799) 1799 If an action of trespass be brought for killing a negro slave, pending an indictment for the same fact, and the indictment be first tried and the defendant acquitted of the felony, that proves the trespass never was merged; and the plaintiff may proceed to try his action, notwithstanding the objection that trespass cannot be commenced till after a... Most Relevant Cases  
State v. Hall Tay. 126, Superior Courts of Law and Equity of North Carolina (May 01, 1799) 1799 There is no rule of the common law, which expressly decides that the stealing of a slave is larceny; but there is a rule which declares that the stealing of the personal chattels of another, with a felonious intent, is larceny; and a slave is the personal chattel of his owner. This rule consequntley extends its protection to every species of... Most Relevant Cases  
State v. Hall 3 N.C. 105, Superior Courts of Law and Equity of North Carolina (May 01, 1799) 1799 No rule of the common law expressly decides that the stealing of a slave is larceny, but there is a rule which says, the stealing the personal goods of another, with a felonious intent, is larceny; and a slave is the personal chattel of his owner: the rule protects every speceies of personal property, though not known as a subject of property when... Most Relevant Cases  
State v. Kershaw 1 Del.Cas. 218, Court of Quarter Sessions of the Peace of Delaware (April 01, 1799) 1799 Negro Caesar applied for surety of the peace, a bench warrant having issued, on which defendant appeared and by Bayard and Hall urged that Caesar was his slave and pressed the impropriety of tying up the master's hands, it being in effect determining without a trial that the Negro is free, and offered themselves ready to answer a petition for... Most Relevant Cases  
State v. Piver 3 N.C. 79, Superior Courts of Law and Equity of North Carolina (March 01, 1799) 1799 HE was indicted for the murder of a negro slave, and now upon his trial it appeared, that returning home from a neighbour's house, with a gun, in a public road, the deceased came meeting him, and the prisoner, a boy of about 13 or 14, said to him jocosely, stand off or I will shoot you; my gun is charged with buck shot: The deceased continued to... Most Relevant Cases  
Cornfute v. Dale 1 H. & J. 4, General Court of Maryland (April 01, 1800) 1800 Trespass will not lie by a master for an assault & battery on his slave, unless it be attended with a loss of service. THIS was an action of trespass for an assaull and battery committed by the defendant on the plaintiff's slave. The question was, Whether such an action was maintainable? He further observed, that he had been applied to some years... Most Relevant Cases  
Cutlar v. Spiller's Adm'rs 3 N.C. 130, Superior Courts of Law and Equity of North Carolina (November 01, 1800) 1800 A conveyance by deed of personals to one for life, is a conveyance of the absolute property, generally speaking: but I have great doubts whether the rule applies to slaves as subjects of property. Such limitations of slaves with remainder over by deed, has been generally practised and understood to be good; and is countenanced by the case of Timms... Most Relevant Cases  
Drummond v. Sneed 2 Call 491, Supreme Court of Appeals of Virginia (October 01, 1800) 1800 W. B. devised slaves to his daughter A. W. for life remainder to all her children. One of whom by the name of C. married E. C. and died in the lifetime of her mother & husband: Her husband took administration on her estate. A division was afterwards made of the slaves; and one by the name of Lazer, was assigned, as the share of the said C C. The... Most Relevant Cases  
Elligood v. Oneal 1 Del.Cas. 284, Court of Common Pleas of Delaware (November 27, 1800) 1800 This was an action for these three sets of words: As damned a rogue as any in Sussex county,An harborer of thieves, and Negroes, and He upheld rogues and harbored them in his house, and he would prove so, before he was done with him.Non culpa. Justification. Limitation. Replications and issues. Most Relevant Cases  
Fish v. Fisher 2 Johns.Cas. 89, Supreme Court, New York County, New York (January 01, 1800) 1800 Where a slave, aged 25 years, ran away from his master in New-Jersey, and came to New-York, and his master came to New-York and there entered into an agreement by which he let the slave to a person in New-York for 20 years, for the consideration of 225 dollars; giving full power to correct, imprison and exercise all the authority over the slave... Most Relevant Cases  
Gober v. Gober 3 N.C. 127, Superior Courts of Law and Equity of North Carolina (October 01, 1800) 1800 The plaintiff is detained as a slave, and has commenced this action to recover his freedom; and now moves without any affidavit, that defendant be ordered to give security, that the plaintiff shall be forth coming at the next term. I remember that in the case cited from Haywood's Reports, at Fayetteville, that the motion was founded on an... Most Relevant Cases  
Hargis v. Sebastian 1 Del.Cas. 274, Supreme Court of Delaware (October 20, 1800) 1800 You are disputing of facts. If the partnership is fully established, that will entitle you to give evidence of the declarations of the partner. Go on. There is no doubt but plaintiff may now proceed to prove another Negro carried out of the state. Plaintiff proved the declarations of Spears, which showed a partnership; that he had had thirty... Most Relevant Cases  
Higgenbotham v. Rucker 2 Call 313, Supreme Court of Appeals of Virginia (April 01, 1800) 1800 The first question I shall consider in this cause is upon the title to the slaves mentioned in the declaration. This question depends upon the limitation over to Higgenbotham as found by the special verdict. The clause on which the question depends is as follows, That on the 30th of January 1793 the defendant married the plaintiffs daughter,... Most Relevant Cases  
Jones v. Jones 3 N.C. 128, Superior Courts of Law and Equity of North Carolina (October 01, 1800) 1800 Jones, the testator, provides by speciallegacies for his children; and then gives the use of somenegroes to his wife for her life; and it is stated and admitted that she sold a descendant of one of these negroes. But it is stated in the answer, that she was under the necessity of selling this negro for the support of her family. And I am of opinion... Most Relevant Cases  
Lowndes v. Lemprire 1 Des. 590, Court of Chancery of South Carolina (June 01, 1800) 1800 Chancellor Rutledge delivered the decree. It is evident that testatrix intended to give complainant ten negroes under the age of fifteen years, and in doing so, probably contemplated the tender age of complainant herself. Testatrix certainly counted upon some of the negroes being taken from those she was entitled to from her brother's estate, as... Most Relevant Cases  
McAlister's Adm'rs v. Spiller's Ex'rs Cam. & Nor. 95, Superior Courts of Law and Equity of North Carolina (June 01, 1800) 1800 This action having been brought for the seduction of a slave from his master's service, and the defendant's testator keeping the slave in his possession to the injury of the plaintiffs, the action did not abate on the death of James Spiller, and after his death was properly prosecuted by the plaintiffs. Most Relevant Cases  
McCallop's Ex'rs v. Blount Cam. & Nor. 96, Superior Courts of Law and Equity of North Carolina (June 01, 1800) 1800 By the devise in the will, the negroes in question were to remain in the possession of the widow of John Moore during her widowhood, and on her marriage were to be equally divided between his two daughters, Annis, Mary, etc. Annis intermarried with Gilbert M'Callop during the widowhood of John Moore's wife, and Gilbert M'Callop died during her... Most Relevant Cases  
Mitchell v. Cheeves 3 N.C. 126, Superior Courts of Law and Equity of North Carolina (October 01, 1800) 1800 When a father sends negroes with his daughter lately married, to the house of the husband, that is prima facie evidence of the gift. It is however, but presumptive, and may be overturned by a contrary presumption or express proof. If the possession of the husband be for any considerable time and uninterrupted, that is a very powerful presumption of... Most Relevant Cases  
Rose v. Murchie 2 Call 409, Supreme Court of Appeals of Virginia (October 01, 1800) 1800 A is indebted to D, F & co. by bond; A dies, and at the sale of his estate, by his executors, F the acting partner of D, F & co. buys a slave; which he carries to his own plantation and there continues him:--The amount of the purchase for the slave is a good discount against the bond. THIS was an appeal from a decree of the High Court of Chancery,... Most Relevant Cases  
Sable v. Hitchcock 2 Johns.Cas. 79, Supreme Court, New York County, New York (January 01, 1800) 1800 A. the owner of a slave in New-Jersey, removed into this state with the slave, and entered into an agreement with B. in this state, by which he put the slave to service to B. until the parties or their executors should mutually agree to annul the agreement. This was held to be a sale of the slave in this state, within the intent and meaning of the... Most Relevant Cases  
State v. Sue Cam. & Nor. 54, Superior Courts of Law and Equity of North Carolina (June 01, 1800) 1800 It does not appear to me from any construction which I can make of the laws of this State, respecting the punishment of slaves, that they are made liable to be punished with death, in any case where the like punishment is not by law to be inflicted on a freeman, except only in the cases mentioned in the 47th section of the act concerning servants... Most Relevant Cases  
Tabb v. Boyd 4 Call 453, Supreme Court of Appeals of Virginia (November 01, 1800) 1800 As all the questions arising in this cause grow out of the appellant's exceptions to the commissioner's report, and the decree of the court of chancery, they will be examined as they stand there. And first, as to the profits of the slaves; the court thinks the objection with regard to them is not sustainable; for they were, by the chancellor's... Most Relevant Cases  
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