Title | Citation | Year | Summary | Most Relevant | Type | Status |
Sims v. Sims' Adm'r |
8 Port. 449, Supreme Court of Alabama (January 01, 1839) |
1839 |
Error to the Circuit court of Dallas county. Detinue for slaves, tried by Harris, J. |
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Smith v. Milman |
2 Harr. 497, Superior Court of Delaware (April 01, 1839) |
1839 |
The legatee for life of a female slave is entitled to the issue of such slave, born during the life estate. The owner of a female slave may give her to one person; and her issue to another. Petition for freedom. Rachel Marvel by will, dated 27th August, 1791, bequeathed the mother of petitioner, Hessy, to her daughter Ann Smith for life; and, after... |
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Smoot v. Fitzhugh |
9 Port. 72, Supreme Court of Alabama (January 01, 1839) |
1839 |
Error to the Circuit court of Mobile. Detinue for a slave-tried by Pickens, J. Verdict and judgment for plaintiff. |
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State v. Bohles |
Rice 145, Court of Appeals of Law of South Carolina (February 01, 1839) |
1839 |
Upon an indictment against the defendant, the proprietor of a licensed grocery No. 3, in the City of Charleston, for selling liquor to a slave-the proof was, that the liquor was sold by the clerk of the defendant, in his absence: and as far as it appeared by any express evidence, without his authority. The jury found the defendant guilty. Under the... |
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State v. Duncan |
9 Port. 260, Supreme Court of Alabama (January 01, 1839) |
1839 |
Error to the Circuit court of Pike county. Indictment for concealing a slave, charged with capital offencetried by Crenshaw, J. |
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State v. Gaffney |
Rice 431, Court of Appeals of Law of South Carolina (May 01, 1839) |
1839 |
The general rule is, where an accusation includes an offence of inferior degree, the jury may discharge the accused of the higher crime and convict him of the less atrocious. An indictment under the act of 1821, for the murder of a slave, includes within it the inferior offence of killing in sudden heat and passion, to the same extent... |
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State v. Gaus |
9 Port. 633, Supreme Court of Alabama (June 01, 1839) |
1839 |
Error to Montgomery Circuit court. Indictment for trading with a slave, without consent tried before Pickens, J. |
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State v. Hawkins |
8 Port. 461, Supreme Court of Alabama (January 01, 1839) |
1839 |
Error to Mobile Circuit court. Indictment for stealing a slave, tried by Judge Pickens. |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
State v. Murphy |
9 Port. 487, Supreme Court of Alabama (June 01, 1839) |
1839 |
Error to Mobile Circuit court. This was an indictment for selling spirituous liquor to a slave, without the permission of the owner. |
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State v. Saunders |
9 Port. 326, Supreme Court of Alabama (June 01, 1839) |
1839 |
Error to Pickens Circuit court. Indictment for trading with a slave, tried before Chapman, J. |
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State v. Stone |
Rice 147, Court of Appeals of Law of South Carolina (February 01, 1839) |
1839 |
The rule of evidence, established by the 5th section of the act of 1834, p. 14, in relation to illegal traffic with slaves, applies only, it seems, to cases arising under the act of 1817. Though the act of 1834, as to vendors of liquors, &c. may be considered as repealing the penal provisions of the act of 1817; yet the rule of evidence established... |
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State v. Wisdom |
8 Port. 511, Supreme Court of Alabama (January 01, 1839) |
1839 |
Indictment for negro stealing, tried before Harris, J. |
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Stewart v. Miller |
19 Tenn. 574, Supreme Court of Tennessee (February 04, 1839) |
1839 |
This is an action for an assault and battery brought by the plaintiff in error, against the defendants in error. The defendants pleaded, in abatement, that the plaintiff was a slave. On the trial of the issue, whether the plaintiff was a free man, or not, he offered in evidence a copy from the records of the County Court of Rutherford, by which it... |
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Sutton v. Crain |
10 G. & J. 458, Court of Appeals of Maryland (December 01, 1839) |
1839 |
The question which we presume was intended to be raised by the prayer in this case, which was refused by the court, was, whether the bequest in the will of Henry Watts, of the exclusive use of negro Sarah to Ann Watts until the youngest of his grand-children named in the will arrived at age, gave the right to Mrs. Watts of the issue of Sarah, born... |
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Swift v. Fitzhugh |
9 Port. 39, Supreme Court of Alabama (January 01, 1839) |
1839 |
Error to the Circuit court of Mobile. Detinue for a slave, tried by Pickens, J. Verdict and judgment for plaintiff. |
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Thomas v. Mackall |
5 Cranch C.C. 536, Circuit Court, District of Columbia (March 01, 1839) |
1839 |
Bill in equity to restrain the defendant [Brooke Mackall] from removing the plaintiff's female slave from the District of Columbia; the slave having been sold by the plaintiff [James Thomas] to the defendant for a term of years only, after which she was to be free, although not yet manumitted, and having two or three years yet to serve the... |
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Tourney v. Sinclair |
3 Howard 324, High Court of Errors and Appeals of Mississippi (January 01, 1839) |
1839 |
A deed of gift of negroes, from the husband to the wife, without the intervention of a trustee, upon an agreement to live separate, will be no bar to an action at law by the husband for the recovery of the property. |
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Town of Colchester v. Town of Lyme |
13 Conn. 274, Supreme Court of Errors of Connecticut (July 01, 1839) |
1839 |
The provision in the statute of 1792, regarding the emancipation of slaves, requiring a certificate from the civil authority and select-men, relates only to the future liability of the master for support, and does not impair or affect the right of the master, by his own act, to give entire freedom to his slave. Therefore, where the master of a... |
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Turnham's Ex'x v. Shouse |
8 Dana 3, Court of Appeals of Kentucky (April 06, 1839) |
1839 |
FROM THE CIRCUIT COURT FOR SHELBY COTNTY. Eliza Turnham, as Executor of her deceased husband, (John Turnham), sued Daniel Shouse for an alleged breac? of his covenant with the testator, whereby he covenanted that a slave, whom he sold and transferred to him by the same writing, was then sound. The common law gave no costs to a successful defendant.... |
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Tutt's Adm'r v. McLeod |
3 Howard 223, High Court of Errors and Appeals of Mississippi (January 01, 1839) |
1839 |
Where an action of tort is founded on a contract, a variance in proof from the contract alleged, will be as fatal as in an action on the contract itself; for the tort founded on the contract can not be the same, unless the contract be the same. Where two negroes were sold for a certain price, and warranted sound in the bill of sale, in an action on... |
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Twiss v. Martin's Adm'rs |
20 Tenn. 189, Supreme Court of Tennessee (December 01, 1839) |
1839 |
This bill is filed against the administrators for an account, and against the distributees to subject certain negroes to the satisfaction of the claim of complainants, on the ground that the negroes were in fact, or at all events by operation of the 3d section of the act of 1801, ch. 25, as to creditors, the property of the intestate, and were... |
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U.S. v. Davis |
5 Cranch C.C. 622, Circuit Court, District of Columbia (November 01, 1839) |
1839 |
Habeas corpus ad subjiciendum, (issued on the 14th of January, 1840,) directed to Thomas N. Davis, commanding him to have before the court the bodies of Israel Brinkley, Emanuel Price, and Maria Course, persons of color, with the cause of their detention. The return of the writ by Davis stated upon oath, that he purchased the three negroes... |
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Vick's Ex'r v. McDaniel |
3 Howard 337, High Court of Errors and Appeals of Mississippi (January 01, 1839) |
1839 |
The residuary legatee is entitled to take whatever may by lapse, invalid disposition, or other casualty, fall into the residue after the date of the will. Where the testator made several specific bequests, and also manumitted several slaves contrary to law and the policy of the state: Held, the slaves should go to the residuary legatee, and not to... |
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Watham v. Oldham's Heirs |
9 Dana 50, Court of Appeals of Kentucky (October 28, 1839) |
1839 |
This appeal brings up for revision, a decree for damages against the owners of a boat used as a ferry boat on the Ohio River, between Louisville in this State and Jeffersonville in Indiana--rendered on the ground that their ferryman-- though, without their knowledge or authority--had, in violation of a statute of 1824, permitted a slave of the... |
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Watson v. Ogburn |
2 Dev. & Bat.Eq. 353, Supreme Court of North Carolina (December 01, 1839) |
1839 |
The plaintiff claims relief in the first place, for that the money and bond in the hands of the defendant, are in conscience his; because, according to the legal operation of the bequest in William Ogburn's will, the absolute interest in the slave Fan and her increase, vested wholly in the plaintiff, and the ultimate disposition attempted thereof... |
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White v. White |
3&4 Dev. & Bat. 563, Supreme Court of North Carolina (December 01, 1839) |
1839 |
We assent entirely to the opinion expressed in the Court below. On common law principles we see no ground upon which the plaintiff can invalidate the sale made by himself and the tenant for life. It is not affected by the act of 1784, 1 Rev. St. ch. 37, sec. 19, because under that act a parol conveyance of slaves is good between the parties... |
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Wood v. Jones |
19 Tenn. 513, Supreme Court of Tennessee (January 30, 1839) |
1839 |
This bill is brought to redeem a negro man slave, mortgaged by the complainant to the defendant, Jones, the 10th of October, 1825, to secure the payment of the sum of $400. Jones sold the negro to Wooland in January, 1830, who, in 1832, sold him to Neville, by whom he was, in June, 1832, sold to the defendant, Love. All the defendants who have... |
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Woodard v. Fitzpatrick |
9 Dana 117, Court of Appeals of Kentucky (November 21, 1839) |
1839 |
FROM THE CIRCUIT COURT FOR PULASKI COUNTY. The principal question in this case, is whether a writing given by Woodard to Fitzpatrick, in September, 1835, purporting on its face, to be an absolute bill of sale of two negro men slaves for the price of eleven hundred and fifty dollars should be deemed to have been intended only as a mortgage, as... |
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Zimmer v. Thompson |
13 La. 22, Supreme Court of Louisiana (January 01, 1839) |
1839 |
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW ORLEANS. |
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Zollicoffer v. Zollicoffer |
3&4 Dev. & Bat. 574, Supreme Court of North Carolina (December 01, 1839) |
1839 |
The defendant contends that, upon the death of the mother, the whole estate in the premises vested absolutely in James for two reasons: The one that the testator did not intend to include the premises in the limitation over to the survivors: The other, that if he did so intend the limitation over is too remote. The expression his or her part, is... |
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Ash v. Williams |
5 Cranch C.C. 674, Circuit Court, District of Columbia (March 01, 1840) |
1840 |
The petitioner claimed his freedom under the clause of the will recited in the margin. Upon the death of the testatrix, the legatee, who was also executor, took possession of the petitioner and the other slaves bequeathed to him by the will and held them until he sold the petitioner to the defendant. |
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Bell v. Greenfield |
5 Cranch C.C. 669, Circuit Court, District of Columbia (March 01, 1840) |
1840 |
The petitioners [Ann Bell, a negro slave, and her children] claimed their freedom [from Gerard T. Greenfield] under a paper purporting to be the last will and testament of Gabriel P. T. Greenfield, of Maryland. The will, upon caveat, had been admitted to probate, by the orphans' court; but the sentence of that court had been reversed in the court... |
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Bird v. Graham |
1 Ired.Eq. 196, Supreme Court of North Carolina (December 01, 1840) |
1840 |
At December Term, 1835, a decretal order was made in this cause, declaring that the plaintiff, as administrator of Charlotte, his deceased wife, was entitled to one undivided sixth part of the female slave, Oney, formerly the property of Robert Graham, the father of the said Charlotte, and of the increase of said Oney. But at the same time, we... |
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Bonner v. Latham |
1 Ired. 271, Supreme Court of North Carolina (December 01, 1840) |
1840 |
A grantor by a deed, dated in 1833, conveyed a certain slave to her son-in-law B. and his wife T. till her grand-daughters M. and S. attained the full age of twenty-one years or married; and if B. died before the expiration of that period, living his wife, then the right to vest in her until the age of twenty-one years or the marriage of M. and S.;... |
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Burgin v. Burgin |
1 Ired. 160, Supreme Court of North Carolina (June 01, 1840) |
1840 |
Where a debtor conveyed a slave, together with other property, both real and personal, to his creditor, to hold to him and his assigns forever, but the deed was expressed to be made upon condition that if the debtor should pay the amount due by a certain time, it was to be void; and the creditor covenanted that, until that time, the debtor should... |
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Caleb v. Field |
9 Dana 346, Court of Appeals of Kentucky (May 11, 1840) |
1840 |
FROM THE CIRCUIT COURT FOR BULLITT COUNTY. The Chief Justice delivered the Opinion of the Court in this case, at the last Fall Term; but the decision was afterwards suspended, for further consideration, and was not made final till this day. James Quertermus, senior, being the owner of several slaves, devised them to his surviving wife, with express... |
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The case or administrative decision has some negative history, but has not been reversed or overruled. |
Campbell v. Street |
1 Ired. 109, Supreme Court of North Carolina (June 01, 1840) |
1840 |
Where a testator, residing in Virginia where the law allowed masters to liberate their slaves by deed or will, bequeathed as follows: My will and desire is, that my negro woman P. shall have her freedom immediately; and that all the rest of my black people shall serve until my youngest child shall be of the age of twenty one years, for the... |
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Chancellor v. Milton |
1 B.Mon. 25, Court of Appeals of Kentucky (October 16, 1840) |
1840 |
THE verdict and judgment in favor of the mother should, until reversed, be deemed conclusive proof of the fact that she was a free woman when she instituted her suit for freedom, and should be as conclusive in favor of any child borne by her after that time, as a deed of manumission of the same date could possibly be. But though, in a similar suit... |
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Chase v. Lockerman |
11 G. & J. 185, Court of Appeals of Maryland (December 01, 1840) |
1840 |
The principle seems to be well settled in England, that as to debts by specialty, since the statute of fradulent devises, specific devisees of freehold and lease-hold estates are on the same footing, and liable to contribute in equal portions to the payment of such debts. In this State and in England, the personal estate is the primary fund for the... |
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Chase v. Maberry |
3 Harr. 266, Superior Court of Delaware (October 01, 1840) |
1840 |
This is an action on the case for compensation to plaintiff for an injury in suffering the escape of a runaway slave. The slave was arrested by Chase and Maberry on a warrant from a justice of the peace of Kent county. After the arrest and authority given by the justice to Chase to take him to Maryland, these captors had to secure him until the... |
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City Council of Charleston v. Brandt |
Chev. 72, Court of Appeals of Law of South Carolina (February 01, 1840) |
1840 |
In an action for a penalty, under a City Ordinance against negroes being permitted to assemble or loiter in any shop longer than while actually engaged in lawful trading, proof that negroes remained for two hours in and about the defendant's premises, threw on him the burthen of shewing that they were not there unlawfully. |
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Cleary v. McDowall |
Chev. 139, Court of Appeals of Law of South Carolina (February 01, 1840) |
1840 |
Where a settlement of real estate was made to the use of husband and wife, during their joint lives, then to the use of the survivor for life, with limitations over, the surviving widow took a freehold estate for life. Where a woman, seized of a freehold in land for life, married, and during the coverture the land was levied on, and sold under an... |
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COASTWISE TRADE UNDER ACT PROHIBITING SLAVE-TRADE. |
3 U.S. Op. Atty. Gen. 512 (April 16, 1840) |
1840 |
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Administrative Decisions & Guidance |
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COASTWISE TRADE UNDER ACT PROHIBITING SLAVE-TRADE. |
3 U.S. Op. Atty. Gen. 581 (July 29, 1840) |
1840 |
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Administrative Decisions & Guidance |
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Coleman v. Pinkard |
21 Tenn. 185, Supreme Court of Tennessee (December 01, 1840) |
1840 |
M. P. Pinkard conveyed the negroes in controversy, in 1831, to his three children, Oliver, Angelina, and Mary. He was then in good circumstances and not involved in debt, but has since, by misfortune, become insolvent. Oliver died in May, and Angelina in August, 1834. In 1835, M. P. Pinkard sold one of the negroes, Hasen, for $850. The complainant... |
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Commonwealth v. Edwards |
9 Dana 447, Court of Appeals of Kentucky (May 28, 1840) |
1840 |
FROM THE CIRCUIT COURT FOR MASON COUNTY. This is a proceeding against George S. Edwards, a free man of color, for an alleged violation of the Statute of 1808, (Stat. Law, 1219,) entitled an act to prevent the emigration of free negroes and mulattoes to this State. The act of 1808 to prevent the migration of free negroes and... |
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Commonwealth v. Pleasant |
10 Leigh 697, General Court of Virginia (December 01, 1840) |
1840 |
A slave born in this state, having been removed therefrom, and in 1798 brought back thereto, brings a suit in 1828 to recover her freedom, to which, by the judgment of the court of appeals rendered in 1833, she is held entitled, because imported in contravention of the statute of 1792, 1 Old Rev. Code, ch. 103. ยง 2. In 1840, a presentment is... |
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Conn v. Hord |
1 B.Mon. 83, Court of Appeals of Kentucky (December 05, 1840) |
1840 |
Consideration. Feme Covert. Bill taken pro confesso. ERROR TO THE LOUISVILLE CHANCERY COURT. The case stated?? MUNGO HERNDON, a son-in-law of John Conn, having been in possession of a small tract of land in Jefferson, for about seven years, under a verbal gift to his wife, from her said father, and of a male slave, under the like gift to himself,... |
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Craig v. McMullin |
9 Dana 311, Court of Appeals of Kentucky (May 01, 1840) |
1840 |
FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. Statement of the case. Charles McMullin, a free man of color--being desirous to buy his infant son John, a slave whose owner was about to take him to a foreign State, whither he intended to remove--applied to one Leonard Wheeler, who had previously assisted him in purchasing his own manumission, to aid him... |
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Drake v. Collins |
5 Howard 253, High Court of Errors and Appeals of Mississippi (December 01, 1840) |
1840 |
Where there is a mortgage lien on slaves, and also a judgment lien, older in point of time than the mortgage, a court of chancery will not annul a sale of the property embraced in the mortgage, regularly made under an execution of such older judgment, on the ground that there was property of the mortgagor sufficient to satisfy the judgment without... |
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