TitleCitationYearSummaryMost RelevantTypeStatus
Eelbank's Ex'rs v. Burt 3 N.C. 330, Superior Courts of Law and Equity of North Carolina (October 01, 1804) 1804 DETINUE for Negroes. Mr. Davis was offered as a witness to prove some conversation had with Mrs. Eelbank, who, it is alledged, made a gift of the Negroes to Mrs. Burt, on her marriage. But it having been previously sworn that she had admitted a gift on the morning preceding the marriage, when Mrs. Burt was present, the Judge tho't it improper that... Most Relevant Cases  
Elson v. McColloch 4 Yeates 115, Supreme Court of Pennsylvania (January 01, 1804) 1804 Only the owner, or his lawful attorney can register a negro or mulatto. The act of a stranger in such case is merely void. HOMINE replegiando. The only question in this case was, whether a stranger might register a negro, under the act for the gradual abolition of slavery, passed the 1st March 1780? The court declared, that the point would not bear... Most Relevant Cases  
Evans v. Evans 2 Del.Cas. 203, Court of Common Pleas of Delaware (April 24, 1804) 1804 Trover for taking Negro Sambo, etc. Pleas, non culpa and Limitation. Most Relevant Cases  
Gourdine v. Graham 1 Brev. 329, Constitutional Court of Appeals of South Carolina (January 01, 1804) 1804 If an action of trover for the conversion of a slave, be brought within four years after the cause of action accrued, and discontinued; and afterwards, but not within four years of the accrual of the cause of action, another action on the case, for harbouring the same slave, be brought, the latter action cannot be considered as a continuance of the... Most Relevant Cases  
Graham v. Penman 1 Brev. 399, Constitutional Court of Appeals of South Carolina (May 01, 1804) 1804 One intitled to slaves, after the termination of a life interest in them in another, cannot maintain trover for them, against a party who purchased from the tenant for life, and sold again during the life of the latter: nor will it make any difference, that the slaves were demanded by the remainderman after the death of the tenant for life. The... Most Relevant Cases  
Hamlin's Ex'x v. Berry 1 Tenn. 39, Superior Court of Law and Equity of Tennessee (September 01, 1804) 1804 If, in an agreement for the sale or exchange of land, a defect in the title is known and provided for, it is no ground of rescission. [Freel v. Campbell, 3 Hay., 78.] Where a vendor is unable to perform an executory agreement to convey land, and is insolvent, the Court will perpetually enjoin a judgment at law for the price. [See 8 Hum., 516; 5... Most Relevant Cases  
Hostler's Adm'rs v. Smith 3 N.C. 305, Superior Courts of Law and Equity of North Carolina (April 01, 1804) 1804 THE defendant pleaded, that after the expiration of one year, he delivered over the estate to the legatees; and that afterwards, judgments were obtained against the executor; and the property so delivered over, was taken to satisfy them all but five negroes, &c. Demurrer thereto. Executions cannot be levied on property delivered over to the... Most Relevant Cases  
Johnson v. Pasteur 3 N.C. 306, Superior Courts of Law and Equity of North Carolina (June 01, 1804) 1804 DETINUE. The wife had whilst sole and under age, given the negro in question to the defendant, and afterwards married. After the marriage, more than three years elapsed before the commencement of this action. If it was necessary to join the wife in this action, the act of limitations had barred the plaintiff's claim; and moreover the action was... Most Relevant Cases  
Jones v. Conoway 4 Yeates 109, Supreme Court of Pennsylvania (January 01, 1804) 1804 What counts may be joined in the same declaration. Statutes of limitations, only take place from the time when the right of action accrues; and if there be fraud, from the time of its discovery. Rule of estimating damages where a negro has been sold as a slave, and afterwards proves to be a freeman. THERE were three counts in the declaration. The... Most Relevant Cases  
Lavendar v. Pritchard's Adm'rs 3 N.C. 293, Superior Courts of Law and Equity of North Carolina (January 01, 1804) 1804 Where the things given are not present to be delivered, a symbolical delivery is allowable by the law of this country. The horse was in the yard, and might have been delivered; and the gift is clearly not good as to him. The corn, hogs and Negro were not there, but two or three miles off: As to them, the delivery of the ear of corn was a good... Most Relevant Cases  
Mann v. Sacks Bee 202, District Court, D South Carolina (April 21, 1804) 1804 This is a suit for damages. The defendant on the 25th of December last, captured on the high seas, and carried into the island of Cuba, the schooner Ann, with a cargo of slaves. [Henry Maurice] Sacks at that time commanded a French national brig called La Sophie, and was duly commissioned to cruize. When he boarded and took possession of the Ann,... Most Relevant Cases  
McCall v. Eve 1 Cranch C.C. 188, Circuit Court, District of Columbia (November 01, 1804) 1804 Case, for carrying away a slave whereby the plaintiff lost his service; and debt, under the act of Virginia, of 17th December, 1792 (Rev. Code, P. & P. Ed., p. 195), for three hundred dollars penalty for carrying away the same slave. Both actions were tried at the same time by the same jury. QuestionWhether the master of the vessel is liable... Most Relevant Cases  
Millison v. Nicholson 3 N.C. 306, Superior Courts of Law and Equity of North Carolina (June 01, 1804) 1804 MILLISON is the administrator of Howell, who was said to be a lunatic. Howell, in his lifetime, conveyed the negroes in question to his sister, who married Millison after her brother's death; but before his death, had conveyed the negroes by bill of sale, to Nicholson, in which was a clause of warranty. It was argued for Nicholson, that the wife of... Most Relevant Cases  
Ormond v. Faircloth 1 Mur. 35, Court of Conference of North Carolina (December 01, 1804) 1804 This was an action of detinue for a negro to which the plaintiff deduced the following title: The negro was the property of William Faircloth, deceased, at his death, and came to the hands of his administrator. Benjamin Sheppard obtained two judgments against the administrator, in the county court of Lenoir, upon which writs of Fi. Fa. were issued... Most Relevant Cases  
Overseers of Town of Germantown v. Overseers of Poor of Town of Livingston 2 Cai. R. 106, Supreme Court of New York (January 01, 1804) 1804 Testimony of the declarations of a person as to owning a slave, cannot be received to render a parish chargeable when the person himself might have been produced. THIS was a case from the Columbia sessions, submitted by consent without argument. The facts were these: Two justices, on complaint of the overseers of Germantown, had ordered Sarah... Most Relevant Cases  
Rowe v. State 2 Bay 565, Constitutional Court of Appeals of South Carolina (December 30, 1804) 1804 THIS was a case upon a rule on the sheriff of Orangeburgh district, to shew cause why he had not paid over the moiety of a fine for killing a negro by undue correction, 25l. sterling to the informer who carried on the prosecution against a defendant, one James Kelly, who had been convicted of the offence. In this case the defendant Kelly had been... Most Relevant Cases  
Schuyler v. Russ 2 Cai. R. 202, Supreme Court of New York (January 01, 1804) 1804 On a written warranty, that a negro is sound, parol proof is admissible to show that at the time of sale, the vendor informed the vendee of a defect. A warranty does not extend to defects which are visible. CASE on a written warranty, upon the sale of a negro, that he was in good health, and in all respects sound. At the trial, parol evidence was... Most Relevant Cases  
Standiford v. Amoss 1 H. & J. 526, General Court of Maryland (October 01, 1804) 1804 The issue or increase of female slaves, born during the life of a legatee for life, is the property of the representatives of such legatee APPEAL from Harford county court in an action of Replevin by the appellants against the appellee for the following slaves, viz. Rachel, Flora, Joshua and Charles. The question decided by the county court arose... Most Relevant Cases  
Stiles v. Richardson 4 Yeates 82, Supreme Court of Pennsylvania (January 01, 1804) 1804 An honest debt may be lost by a trick to come at it; as by adding a seal to a note, one lost his security. 2 Vern. 162. The master was under no necessity of resorting to this fraud. It is clear from the evidence, that the laws of New Jersey, were open for obtaining the possession of the negroes. The consideration of the manumission, was the... Most Relevant Cases  
Teasdale v. Reaborne 2 Bay 546, Constitutional Court of Appeals of South Carolina (December 30, 1804) 1804 TROVER for sundry negroes, tried in Sumpter district. Verdict for plaintiff. Motion for new trial. This was a case tried before Mr. Justice GRIMKE, under whose direction the jury gave a verdict for the plaintiff. The case, as appeared from the report of the presiding Judge, was substantially as follows: One Hugh Opry, being about to marry Miss... Most Relevant Cases  
Troughton's Adm'r v. Johnston 3 N.C. 328, Superior Courts of Law and Equity of North Carolina (October 01, 1804) 1804 The negro sued for, belonged to Troughton, and was pledged to Johnston as security for a sum of money due from the former to the latter: four years intervened, and the negro was exposed to public auction by direction of Troughton, and bid off by Johnston. It is now said, the purchase by Johnston was a mere pretence, and by agreement between him and... Most Relevant Cases  
Ballard v. Leavell 1 Munf. 290, Supreme Court of Appeals of Virginia (November 01, 1805) 1805 Note. In Ballard v. Leavell, (MS Nov. 1805,) in this Court, the case was trespass for taking a slave from the plaintiff's possession: on the general issue, the defendant offered evidence (in mitigation of damages) that the slave was his own: the District Court refused to admit it; but the Court of Appeals reversed the judgment, with instructions to... Most Relevant Cases  
Bellamy v. Ballard 3 N.C. 361, Superior Courts of Law and Equity of North Carolina (October 01, 1805) 1805 UPON this bill filed for the purpose, the court being satisfied that the tenant for life, of Negroes, had threatened to remove them out of the state, and had given reasons to believe he intended to do so; did decree that he should give security not to remove them--and this decree was also extended to the stock, which was in like circumstances with... Most Relevant Cases  
Dickinson v. Kingsbury 2 Day 1, Supreme Court of Errors of Connecticut (June 01, 1805) 1805 Sheriff may take bail, in a criminal case, of a prisoner, committed for not finding bail, and release him from confinement. This was an action of debt on bond, dated September 16th, 1799, for two hundred dollars. There was a plea in bar, reciting the bond, the condition of which was, that one Benjamin (Negro) should appear before the Superior... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Garland's Ex'rs v. Goodloe's Adm'rs 3 N.C. 351, Superior Courts of Law and Equity of North Carolina (July 01, 1805) 1805 THIS action was brought on a warranty contained in a bill of sale of a negro woman, made by Goodloe to Garland, and which had been recovered from Garland by Mrs. Pescot. The bill of sale was given in 1783, and on the trial, the following points were determined: That the certificate of its probate and registration could not prove a copy, because the... Most Relevant Cases  
Governor of Virginia, to Use of Bedinger v. Turner's Sureties 1 Cranch C.C. 261, Circuit Court, District of Columbia (November 01, 1805) 1805 Debt on official bond as town-sergeant; breach, non-payment of fees put into his hands to collect for Bedinger; general replication and issue. A copy of a list of fees, dated 5 May, 1800, with Turner's acknowledgment, was produced. At the bottom of the list was the following order: Sir:Pay Mr. Russel, out of the sale of negroes, fifty... Most Relevant Cases  
Hooper's Adm'x v. Hooper 1 Tenn. 187, Superior Court of Law and Equity of Tennessee (September 01, 1805) 1805 If a father represents a negro to be the property of his son who is about to marry, delivers possession, and permits that possession to continue during the son's life, who claims the negro as his own; it is a gift, nor shall an acknowledgment by the son of property in the father be received in opposition to the claim of the widow of the son.... Most Relevant Cases  
James v. Carr 2 Del.Cas. 223, Court of Common Pleas of Delaware (May 11, 1805) 1805 Petition for freedom. 2 Del.Laws 884. Most Relevant Cases  
Jasper's Adm'rs v. Tooley's Adm'rs 3 N.C. 339, Superior Courts of Law and Equity of North Carolina (January 01, 1805) 1805 Covenant will lie on a bond in a penalty, with condition for conveying to the plaintiff half of the Negroes that shall be recovered from a third person, in the name of Tooly, but at the expence and under the management of the plaintiff. The defendant's counsel had argued, that a condition following the penalty of a bond, was so far from being a... Most Relevant Cases  
Jasper's Adm'rs v. Tooly's Ex'rs 3 N.C. 351, Superior Courts of Law and Equity of North Carolina (July 01, 1805) 1805 TOOLY, in his life time, had given a bond in the penalty of five hundred pounds, with a condition underwritten, that if Tooly should recover certain Negroes, and should deliver to said Jasper one half of them, and one of them taking one, and the other another, and so on till all were divided, that then the above obligation should be void. The... Most Relevant Cases  
Lee v. Lacey 1 Cranch C.C. 263, Circuit Court, District of Columbia (November 01, 1805) 1805 This was an action upon the case upon the statute of Virginia of 25th January, 1798, ยงยง 6, 7, by [E. J. Lee,] the owner of a slave, against [Benjamin Lacey,] the master of a Georgetown packet-boat, for damages for carrying the plaintiff's slave from Alexandria to Georgetown, whereby the plaintiff lost the service of the slave from the... Most Relevant Cases  
Link v. Beuner 3 Cai. R. 325, Supreme Court of New York (January 01, 1805) 1805 A sale of the services of a slave, is the same as a sale of a slave. A slaveimported into this state after June, 1785, and sold after October, 1801, is within the protection of the act of 1788, and entitled to be free, notwithstanding the law of 1788 is repealed by that of April, 1801, he having acquired, under the statute of 1788, a right not to... Most Relevant Cases  
Loudon v. Scott 1 Cranch C.C. 264, Circuit Court, District of Columbia (November 01, 1805) 1805 This was a suit for freedom, under the Virginia act of 17th December, 1792. Charles Scott, senior, the defendant's father, came to live in Alexandria, in March, 1802, from Maryland, and brought with him the plaintiff [the negro Loudon], who has remained here ever since he first came, and was hired out by the defendant's father, who received his... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Matthews' Adm'r v. Daniel 1 Mur. 42, Court of Conference of North Carolina (June 01, 1805) 1805 Anne Daniel was to take the negro and horse, if Elizabeth Harris should depart this life without heir lawfully begotten of her body. This is in substance a limitation over after a dying without issue. The limitation is too remote: I he absolute property vested in the first Legatee, and the demurrer must be overruled.-- Most Relevant Cases  
Matthews v. Daniel 3 N.C. 346, Superior Courts of Law and Equity of North Carolina (June 01, 1805) 1805 The testator devised a Negro man and a horse, to his daughter and her heirs; and if she dies without heirs of her body, then over to the defendant. This is not good executory devise; the event is too remote upon which the limitation over is to take effect. The argument, that here the event must happen, if at all, in the life time of the Negro, and... Most Relevant Cases  
Murrell v. Graham's Adm'rs 1 Brev. 490, Constitutional Court of Appeals of South Carolina (April 01, 1805) 1805 If an agent, authorized to sell negroes, sells a negro which is not the property of his principal, though in his possession, it shall not be considered an act within his authority. Evidence to prove an eviction of the thing sold, by the production of a record, shall not preclude other evidence to shew that the seller had no property in the thing... Most Relevant Cases  
O'Driscoll v. Koger 2 Des. 295, Court of Chancery of South Carolina (May 01, 1805) 1805 A. was entitled under a will to an estate in certain negroes; but if she died, leaving no issue, then a remainder to the children of B. B. left only one child, who died before A. and A was her nearest of kin, and entitled to her rights and interests. A. owned other negroes besides, absolutely. C. marrying A. under age, settled all these negroes on... Most Relevant Cases  
Ordinary of Orangeburgh Dist. v. Geiger 1 Brev. 484, Constitutional Court of Appeals of South Carolina (April 01, 1805) 1805 Slaves given to the wife of an intestate (before marriage) by deed, though they never came into the actnal possession of the husband during the coverture, were considered as vesting in possession, and not in interest only, by the marriage: and upon this ground it was held, that upon his death, they ought to have been mentioned in the inventory of... Most Relevant Cases  
Parker v. ------ 3 N.C. 345, Superior Courts of Law and Equity of North Carolina (May 01, 1805) 1805 THE plaintiff sued the defendant for his freedom, by a writ returnable to this court; whereupon the defendant put him in prison. The plaintiff's counsel complained of this to the court, and moved for an habeas corpus; and the court ordered one, to bring him in a future day in the Term; and ordered notice to be given to the defendant. The plaintiff... Most Relevant Cases  
Pope v. Campbell Hard. 31, Court of Appeals of Kentucky (October 01, 1805) 1805 On the 10th day of April, 1801, a good, sound, healthy negro boy and girl, ten years old, would have discharged that part of the appellant's contract; therefore, the court below erred in not instructing the jury that the value of a negro boy and girl ten years old at that time, together with legal interest thereon until the day on which the jury... Most Relevant Cases  
Respublica v. Smith 4 Yeates 204, Supreme Court of Pennsylvania (January 01, 1805) 1805 An indenture from a negro lad to his master in consideration of manumission from slavery, is void, unless executed within 6 months after his being brought into the state, or such terms agreed on within that time. HABEAS corpus ad subjiciendum, to the keeper of the gaol of Philadelphia county, to bring the body of negro Joseph before the court. The... Most Relevant Cases  
Spivey v. Farmer's Adm'r 3 N.C. 339, Superior Courts of Law and Equity of North Carolina (January 01, 1805) 1805 It is not material that this was not a ferry licensed by law, and within ten miles of another ferry; whereby it was illegal to ferry persons over for a reward. The Negro was usually employed by his master to ferry over travellers and others for a reward; and that is equivalent to a command from the master to carry them over when applied to: it... Most Relevant Cases  
State v. Fisher 1 H. & J. 750, Court of Oyer and Terminer of Maryland (July 01, 1805) 1805 Quere. Whether a mulatto, born free of a manumitted negro mother, is a competent witness against a free born white christian, in a prosecution for felony? INDICTMENT for Felony. Not guilty pleaded. At the trial, Rebecca Syntha, a mulatto woman, born free of a manumitted negro mother, was offered as a witness--but who was objected to by the counsel... Most Relevant Cases  
State v. Stroud 1 Brev. 551, Constitutional Court of Appeals of South Carolina (November 01, 1805) 1805 If the owner of a slave permit the slave to traffic with any one, yet if the slave has not a ticket, or permit, in writing, from the owner, or some other person having the care or management of such slave, the person who shall traffic or deal with such slave, will be liable to the penalty imposed by the act of 1796: and it will make no difference... Most Relevant Cases  
U.S. v. Fisher 1 Cranch C.C. 244, Circuit Court, District of Columbia (July 01, 1805) 1805 This was an indictment against Henry Fisher, a free white man. Most Relevant Cases  
U.S. v. Lindsay 1 Cranch C.C. 245, Circuit Court, District of Columbia (July 01, 1805) 1805 Indictment [against Adam Lindsay] for selling spirituous liquor to slaves on Sunday, contra formam statuti. The defendant, being a shopkeeper, sold liquors to slaves on Sundays, and kept a disorderly house. Most Relevant Cases  
U.S. v. Schooner Sally of Norfolk 2 Cranch 406, Supreme Court of the United States (February 01, 1805) 1805 The question of forfeiture of a vessel, under the act of congress against the slave trade, is of admiralty and maritime jurisdiction. This was a libel in the district court of the United States, for Maryland district, against the schooner Sally of Norfolk, and cargo, Elias De Butts claimant, seized by the collector of the port of Nottingham, as... Most Relevant Cases  
Voss v. Howard 1 Cranch C.C. 251, Circuit Court, District of Columbia (July 01, 1805) 1805 Assault and battery on plaintiff's servant, per quod, &c. Verdict for the plaintiff, one cent damages, subject to the opinion of the court, on the following statement of facts, viz.: Joseph Cole, a mulatto slave, the property of a citizen of Maryland, hired himself, with his owner's permission, in the city of Washington, to Nicholas Voss, by the... Most Relevant Cases  
Walker v. Mebane 1 Mur. 41, Court of Conference of North Carolina (June 01, 1805) 1805 A. gave a negro slave to his niece B. and agreed to keep the slave at his own expense during his life. Before A's death, B. intermarried with C. who after A's death bro't an action of detinue for the slave in his own name. The possession of the slave having vested in B. by the gift, and A. having held her during his life for the use of B. C. can... Most Relevant Cases  
Williams' Adm'rs v. Bradley 3 N.C. 363, Superior Courts of Law and Equity of North Carolina (November 01, 1805) 1805 DETINUE for Negroes. Bradley obtained judgment against Williams in this court, in the life time of Williams. Execution issued from November, 1801, to May, 1802, returned stayed. Then it issued to November, 1802, returned stayed. Williams died, April, 1803: execution issued from May, 1803, to November, 1803, returned without indorsement or blank;... Most Relevant Cases  
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