Title | Citation | Year | Summary | Most Relevant | Type | Status |
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... |
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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... |
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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... |
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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... |
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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... |
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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... |
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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. |
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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... |
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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... |
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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... |
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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,... |
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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... |
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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... |
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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. |
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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... |
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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... |
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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,... |
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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... |
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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... |
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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... |
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Wallace v. Taliaferro |
2 Call 447, Supreme Court of Appeals of Virginia (October 01, 1800) |
1800 |
Construction of the 4 section of the explanatory act of 1727, chap. IV. W. R. made his will in May 1774, and devised to L. W. and C. T. sundry slaves, with the residue of his estate, subject to the payment of his debts & legacies; and appointed J. W. the husband of L. W. and R. T. the husband of C. T. executors. Who qualified as such. In August... |
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Bradley v. Mosby |
3 Call 50, Supreme Court of Appeals of Virginia (October 01, 1801) |
1801 |
Limitation, by deed, of slaves to the donor's daughter for life, and after her death, to the heirs of her body, to the only proper use and behoof of such heirs, their executors, administrators or assigns: Quæry--What estate the daughter takes? Mosby brought detinue against Bradley for some slaves. Plea, non detinet, and issue. The jury found a... |
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Cannon v. Polk |
1 Del.Cas. 307, Court of Common Pleas of Delaware (April 30, 1801) |
1801 |
This was a general assumpsit for the hire of a Negro. Plea, non assumpsit. |
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Chisholm v. Starke |
3 Call 25, Supreme Court of Appeals of Virginia (April 01, 1801) |
1801 |
The Court is of opinion, that there is error in so much of the said decree as orders the said William Richardson, and the appellant, to seal and deliver an obligation for the delivery to the appellees of the slave Judy named in the answers, and the increase of the said Judy, or such of them as shall survive the said Ann Richardson, the appellant... |
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Cunningham's Heirs v. Cunningham's Ex'rs |
Cam. & Nor. 353, Superior Courts of Law and Equity of North Carolina (December 01, 1801) |
1801 |
I think that the devise in question is void, and can not take effect. The maintenance and education of some of the devisees is what the testator appears to have been anxious for. How can it be effected? They are slaves, and their owners have a right to them and their services; if they are educated, it must be by his permission, and if it is... |
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Dave v. Houston |
1 Del.Cas. 314, Court of Common Pleas of Delaware (April 01, 1801) |
1801 |
Petition for freedom. Plaintiffs offered among other evidence two promissory notes given by Negro Dave to Jesse Griffeth for balances of accounts due from him to Ann Houston, but no act of hers appeared on them. Jesse Griffeth had married the defendant since petition filed. It appeared that neither Griffeth nor his wife, who was administratrix of... |
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Fitzhugh v. Foote |
3 Call 13, Supreme Court of Appeals of Virginia (April 01, 1801) |
1801 |
An assignment of dower in lands and slaves, by order of the County Court, by motion only, and without any suit for that purpose, not set aside after a great length of time, but the inequalities and excess only corrected. When in dividing slaves, it cannot be conveniently done, without separating infant children from their mothers, compensation may... |
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Giles v. Bradley |
2 Johns.Cas. 253, Supreme Court of New York (January 01, 1801) |
1801 |
A. purchased a negro slave of B. for 200 dollars, for which he gave B. his bill, payable in 5 months; and it was agreed between the parties, that if A. or his wife did not like the slave, B. would take him back, if he was returned any time within 5 months, and refund the purchase-money; A. offered to return the slave within the 5 months, and B.... |
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Greer v. Emerson |
1 Tenn. 13, Superior Court of Law and Equity of Tennessee (November 01, 1801) |
1801 |
An action lies in favor of the owner of a slave against his overseer, who directs the slave to run a horse, and the slave is killed in doing so. The line of distinction between trespass and case is, in many instances, so nice that it seems difficult to discover it. Trespass seems the most proper, in this instance. Trespass.--The defendant was... |
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Harth's Ex'rs v. Heddlestone |
2 Bay 321, Constitutional Court of Appeals of South Carolina (December 30, 1801) |
1801 |
TROVER for sundry negroes, tried at Georgetown, before TREZEVANT, J. Verdict for defendant. Motion for new trial. Defendant claimed under a bill of sale from an administrator of an estate, who had sold the negroes in dispute without permission from the ordinary, or, in other words, had not conformed to his directions; and the question was, whether... |
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Hostler's Adm'rs v. Scull |
3 N.C. 139, Superior Courts of Law and Equity of North Carolina (May 01, 1801) |
1801 |
Hostler was in possession of the slave in question; Scull got the possession from him; and after this action and pleading thereto, obtained letters of administration of the estate of John Vernon, to whom the negro belonged--And I am of opinion that Scull's proving the title of this negro to be in any third person, will disprove that the property... |
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Jones v. Jones |
Cam. & Nor. 310, Superior Courts of Law and Equity of North Carolina (June 01, 1801) |
1801 |
As the will did not begin to operate until the death of the testatrix, no right to Tena vested in William Jones till that time; she remained the property of the testatrix, who was entitled to all the profits arising from her; consequently her children, the negroes in question, were the property of the testatrix at her death; and as they were not... |
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Jordan v. Murray |
3 Call 85, Supreme Court of Appeals of Virginia (October 01, 1801) |
1801 |
ALTHOUGH UNDER THE ACT OF 1758, EVIDENCE OF A PAROL GIFT OF slaves cannot be given, yet such testimony may be received, in order to prove five years' possession, so as to bar the plaintiff's demand. Jordan and others, brought detinue against Murray, for some slaves. Plea, non detinet, and the act of limitations. Issue. Upon the trial of the cause,... |
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King v. Fergus |
1 Del.Cas. 303, Court of Common Pleas of Delaware (April 01, 1801) |
1801 |
Replevin issued on the 26th of March, 1799, for a negro boy called Jesse. Narratio. Pleas: property and limitations. Replications and issues. |
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London v. Hudson |
1 Del.Cas. 317, Court of Common Pleas of Delaware (April 01, 1801) |
1801 |
Petition for freedom. |
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London v. Hudson |
2 Del.Cas. 141, Court of Common Pleas of Delaware (April 01, 1801) |
1801 |
Summons, freedom. |
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Morris v. Owen |
2 Call 520, Supreme Court of Appeals of Virginia (April 01, 1801) |
1801 |
The Court is of opinion, That there is no error in so much of the decree, as establishes the verbal gift, made by Susanna Simmons to Susanna Edwards, one of the children of Henry Simmons, of the negro girl Joan, and her increase; and as adjudges the same a good appointment of the said slave to the said Susanna Edwards, pursuant to the power given... |
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Peter v. Steel |
3 Yeates 250, Supreme Court of Pennsylvania (January 01, 1801) |
1801 |
Indebitatus assumpsit on a quantum meruit, will lie by a free negro for work, labour and service, against a person who held him in his service, claiming him as a slave. THIS cause was tried at Nisi Prius, at Lancaster, before the late and present chief justice. The plaintiff declared in a general indebitatus assumpsit for work, labour and service,... |
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Respublica v. Findlay |
3 Yeates 261, Supreme Court of Pennsylvania (January 01, 1801) |
1801 |
Registry of a negro as a slave, without adding for life, good. ON a habeas corpus ad subjiciendum, the body of negro Hannah was brought before the court, and the sole question was, whether her registry was invalid, by reason of her being entered as a slave, without subjoining the words for life. In other particulars, the registry was strictly... |
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Robinson's Adm'rs v. Devone |
3 N.C. 154, Superior Courts of Law and Equity of North Carolina (November 01, 1801) |
1801 |
THIS was an action to recover a Negro named Peter, who had been sent to the house of the defendant, in the year 1783 or 1784, some two or three years after the marriage of Devone with the daughter of the intestate, where he has ever since continued. |
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Rose v. Kennedy |
1 Cranch C.C. 29, Circuit Court, District of Columbia (July 01, 1801) |
1801 |
Action of assault and battery to try the plaintiff's right to freedom. She was brought into Virginia in the year 1792, and she claimed to be free because her owner had not taken the oath prescribed by the act of Virginia of December 17, 1792, § 4 (Rev. Code, p. 196; Ed. 1803, p. 187). The defendant [James Kennedy] produced a certificate, by T.... |
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Sylvia v. Coryell |
1 Cranch C.C. 32, Circuit Court, District of Columbia (July 01, 1801) |
1801 |
Assault and battery, to try the right of the plaintiff [Negro Sylvia] to her freedom. Verdict for the plaintiff, subject to the opinion of the court on the following case: The plaintiff was born a slave in Virginia, in 1779, and became the property of the defendant [George Coryell], a citizen of Virginia. In June, 1789, the defendant sent her to... |
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Talbott v. Hartley |
1 Cranch C.C. 31, Circuit Court, District of Columbia (July 01, 1801) |
1801 |
Assumpsit for the labor of two negro boys, Bill and Hanson. Bowling, the owner of the boys, had by indenture bound them as apprentices to the plaintiff. Bill was to serve until September, 1798, and Hanson until September, 1799. Talbott hired the boys to Hartley, the defendant, who refused to pay him for their labor, alleging that Bowling claimed... |
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U S v. Jack |
1 Cranch C.C. 44, Circuit Court, District of Columbia (December 01, 1801) |
1801 |
This court has not jurisdiction of larceny by a slave. Indictment [against negro Jack, a slave] for theft. Plea to the jurisdiction, it being a case cognizable only by a justice of the peace, by the act of assembly of Maryland. |
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Williamson's Adm'rs v. Smart |
Cam. & Nor. 146, Superior Courts of Law and Equity of North Carolina (June 01, 1801) |
1801 |
In this case both the plaintiffs and defendants claim the negroes for which this action is brought, under William Williamson, one of the legatees of Thomas Davis. The special verdict states that William Williamson removed himself to and become a citizen of this State, where he lived to the time of his death. It is admitted that, at the time of his... |
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Anonymous |
3 N.C. 161, Superior Courts of Law and Equity of North Carolina (January 01, 1802) |
1802 |
The words and also continue the clause, and the words for life refer to all that precedes. She had an interest for life in the Negro as well as in the lands, and there remained a reversion which vested in the executors; and although the next of kin may be entitled to it, yet the executors must distribute it, and must recover in the first instance,... |
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Carpenter v. Coleman |
2 Bay 436, Constitutional Court of Appeals of South Carolina (January 01, 1802) |
1802 |
UPON a motion made to reverse a decision made in the circuit court at Camden, in a case in nature of ravishment of ward, in order to try the right of certain negroes to their freedom, &c. Some time after the commencement of this action, while the proceedings were progressing towards a termination, Mr. Mathews, the attorney of the plaintiff, made... |
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Cockfield v. Hudson |
2 Bay 425, Constitutional Court of Appeals of South Carolina (December 30, 1802) |
1802 |
TROVER for a negro, Sam. Marion district. Verdict for defendant. Motion for a new trial. This was an action of trover, tried in Marion district, before Mr. Justice BREVARD, who reported that the plaintiff claimed under the will of his grandfather, William Cockfield, deceased, which was produced, and the defendant claimed under a parol gift from the... |
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Cutlar v. Brown's Ex'rs |
3 N.C. 182, Superior Courts of Law and Equity of North Carolina (May 01, 1802) |
1802 |
An action upon the case for seducing away the plaintiff's slave from his service will lie against executors for the same reason that trover and conversion will. Judgment for the plaintiff. Vide C. Digest Admistrator b. 15. Off. Ex. 127, 128. Cowp. 375. Toller 360 361. |
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Dickerson v. Netherland |
Sneed (KY) 191, Court of Appeals of Kentucky (November 03, 1802) |
1802 |
In an action for damages for taking and detaining a slave the declaration is materially defective which does not state when, where, and how long the slave was detained. UPON A WRIT OF ERROR TO REVERSE A JUDGMENT OF THE COURT OF QUARTER SESSIONS OF JESSAMINE COUNTY. It seems to the court that the declaration is materially defective is not stating... |
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