TitleCitationYearSummaryMost RelevantTypeStatus
IN THE MATTER OF ELIZABETH DENISON, ET AL. Supreme Court of the Territory of Michigan (September 26, 1807) 1807 1. When a statutory method of investigating the right to freedom is not provided, the common-law writ of habeas corpus is appropriate. 2. The question to be decided on a return to a writ of habeas corpus being the sufficiency of the return, facts stated in the return are not traversable at this stage of the proceedings. 3. Laws of France and Upper... Most Relevant Cases  
James v. Gaither 2 H. & J. 176, Court of Appeals of Maryland (December 01, 1807) 1807 Parol evidence is not admissible to prove that a deed of manumission was attested in the presence of two witnesses, only one having signed the same A deed of manumission under the act of 1752, ch 1, s 5, executed in the presence of only one witness, will not operate to give freedom to the saves mentioned therein. APPEAL from the General Court. The... Most Relevant Cases  
Lee v. Ramsay 1 Cranch C.C. 435, Circuit Court, District of Columbia (July 01, 1807) 1807 Detinue for negro Frederick. W. Wilson made a deed of trust of this negro to Mr. E. J. Lee, to secure Mr. Kennedy. And as part of the plaintiff's title, Mr. Lee read in evidence a deed from Mrs. Ramsay to W. Wilson, purporting to be in consideration of five shillings. Most Relevant Cases  
Lucy v. Slade 1 Cranch C.C. 422, Circuit Court, District of Columbia (July 01, 1807) 1807 Trespass, for assault and battery and false imprisonment, to try the right of freedom. Most Relevant Cases  
Morris v. Spier 2 Del.Cas. 23, Court of Quarter Sessions of the Peace of Delaware (November 01, 1807) 1807 Petition for freedom. Most Relevant Cases  
Mortimer v. Muse 2 Brev. 189, Constitutional Court of Appeals of South Carolina (April 01, 1807) 1807 Detinue for a negro slave, tried in Kershaw district, before Brevard, J. Verdict for the plaintiff. Motion for a new trial. The majority of the court being of opinion, that the plaintiff had proved a good title to the property, and that the grounds upon which the motion for a new trial was moved for, were insufficient, refused to grant a new trial.... Most Relevant Cases  
Murrell v. Johnson's Am'r 1 Hen. & M. 450, Supreme Court of Appeals of Virginia (October 17, 1807) 1807 A bond being given, conditioned to be void upon the obligor's paying all costs and damages, which shall be awarded in consequence of the obligee's delivering to him a negro slave, a judgment obtained by a third person against the obligee for the same slave is sufficient to warrant an action on the bond, without proof of satisfaction of the... Most Relevant Cases  
Patty v. Colin 1 Hen. & M. 519, Supreme Court of Appeals of Virginia (November 03, 1807) 1807 I concur in the decree just read, as agreed upon in conference; and as explanatory of my ideas on the case, will subjoin a few observations. The spirit of the decisions of this Court in relation to suits for freedom, while it neither abandons the rules of evidence, nor the rules of law as applying to property, with a becoming liberality respects... Most Relevant Cases  
Pegram v. Isabell 1 Hen. & M. 387, Supreme Court of Appeals of Virginia (July 09, 1807) 1807 In a suit for freedom, if the Jury find a verdict for the plaintiff, subject to the opinion of the Court, upon a question whether the record of another suit, in which the plaintiff's mother recovered freedom, (not against the defendant but another person,) is conclusive evidence (as between the parties to the present action,) that the plaintiff's... Most Relevant Cases  
Pierce v. Turner 1 Cranch C.C. 433, Circuit Court, District of Columbia (July 01, 1807) 1807 This was a motion to set aside a judgment of last term, obtained by mistake of the clerk in entering an appearance of R. I. Taylor, and a confession of judgment in this suit, instead of another, and to quash the execution thereon, there being a good defensethe defendant being sued as executrix de son tort for holding negroes under a marriage... Most Relevant Cases  
Pringle v. McPherson 2 Des. 524, Court of Chancery of South Carolina (November 01, 1807) 1807 The addition of words to a last will and testament, by interlineation, in the testator's hand writing, after the execution of the same, but at what time unknown, by which a bequest of personal property is enlarged, is valid and operative. A bequest of certain slaves by name, and their families, restricted to their wives and children, residing in... Most Relevant Cases  
Reason v. Bridges 1 Cranch C.C. 477, Circuit Court, District of Columbia (December 01, 1807) 1807 This was an action by Reuben Reason, a negro, against John Bridges. The defendant having challenged twelve of the jurors peremptorily, challenged Mr. Smith, one of the tales, for favor. Eight jurors having been sworn, were sworn as triors. Most Relevant Cases  
State v. Quick 2 N.J.L. 413, Supreme Court of Judicature of New Jersey (January 01, 1807) 1807 Dick claims his freedom, because, as he says, that under the laws of the State of New York, he is made free; if so, it must be that he was free before he was brought into this State; for the State of New York cannot extend into this State and attach itself to any act done here, in order to give him his freedom; nor does the law of New York intend... Most Relevant Cases  
State v. Thompson 2 Tenn. 96, Superior Court of Law and Equity of Tennessee (November 01, 1807) 1807 An indictment for taking with force, arms, and violence, and carrying away a negro woman from the owner, is good, and will be sustained by proof showing a taking in the absence of the owner. [Overruled by State v. Farnsworth, 10 Y., 261; and State v. Watkins, 4 Hum., 256. And see Black and others v. State, 3 Y., 588; Neely v. Lyon, 10... Most Relevant Cases The case or administrative decision is no longer good law for at least one of the points it contains.
Tardeveau v. Smith's Ex'r Hard. 175, Court of Appeals of Kentucky (October 01, 1807) 1807 The proper criterion for damages is the value of the property when it should be paid, with interest from the time the cause of action accrued. Pope v. Campbell, in this court, where the contract was for young negroes, 2 Bur. 1011; a contract for stock, 1 Stra. 406; 8 Term Rep. 162; 1 Wash. 3. An agreement between the parties to set the hire of a... Most Relevant Cases  
U.S. v. King 1 Cranch C.C. 444, Circuit Court, District of Columbia (November 01, 1807) 1807 Indictment [against Thomas King, a negro slave] for highway robbery of John Graham, and taking from him his watch. Upon the trial, Mr. Simms and Mr. Swann, for the prisoner, called for evidence of the place being a highway. Most Relevant Cases  
U.S. v. Rhodes 1 Cranch C.C. 447, Circuit Court, District of Columbia (November 01, 1807) 1807 Indictment [against Milly Rhodes, a slave] for stealing a piece of Russia linen, the property of Mr. Vowell. Most Relevant Cases  
U.S. v. Walker 1 Cranch C.C. 402, Circuit Court, District of Columbia (June 01, 1807) 1807 Indictment [of Edward Walker] for stealing wood. The evidence was that the wood was delivered to the prisoner (or rather suffered to be taken) by the owner's servant, a slave. Most Relevant Cases  
Vrooman v. Phelps 2 Johns. 177, Supreme Court of New York (January 01, 1807) 1807 In an action of covenant on a sealed obligation, for the payment of 150 dollars, the defendant pleaded specially, that the obligation was given for the consideration, or purchase money, agreed to be paid for a slave, sold by the plaintiff to the defendant; and that the plaintiff, to induce the defendant to purchase the slave, falsely and... Most Relevant Cases  
Webb v. Bellinger 2 Des. 482, Court of Chancery of South Carolina (May 01, 1807) 1807 The court at a first hearing decreed, that the executor not having rendered satisfactory accounts, should be charged with 10l. per annum for each laborer of the estate, excluding three years of the war, when the enemy invaded the country, and little could be made, and less preserved. The executor not chargeable for the loss of slaves who deserted... Most Relevant Cases  
Whiting v. Daniel 1 Hen. & M. 390, Supreme Court of Appeals of Virginia (July 08, 1807) 1807 A deed of conveyance for slaves having been signed, sealed, and delivered, with a blank left for the date, the donee afterwards inserted the date: no fraud, or imposition appearing to have been practised in ob aining it, and no evil design in filling up the blank, the deed was adjudged to be good; the date not being a material part thereof. ON an... Most Relevant Cases  
Wilson v. Kedgeley 1 Cranch C.C. 477, Circuit Court, District of Columbia (December 01, 1807) 1807 Trespass vi et armis, for beating his slave, whereby the lost his services. Most Relevant Cases  
Wilson v. Mandeville & Jamesson 1 Cranch C.C. 452, Circuit Court, District of Columbia (December 18, 1807) 1807 Assumpsit. The declaration consisted of three counts: (1) Indebitatus assumpsit for goods sold and delivered. (2) Quantum valebant. (3) Indebitatus assumpsit in the sum of $135.47, for the hire of a certain negro man named Herbert, by the plaintiff, before that time hired to the defendants at their special instance and request, and they the said... Most Relevant Cases  
Anderson v. Fox 2 Hen. & M. 245, Supreme Court of Appeals of Virginia (April 18, 1808) 1808 If an executor sells the slaves of his testator, when there are no debts to render such sale necessary, and buys them himself, the sale may be set aside, at the instance of any person interested. An executor having sold certain slaves which were specifically bequeathed by his testatrix; having become the purchaser himself; and, afterwards,... Most Relevant Cases  
Aza v. Eitlinger Ant. N.P. Cas. 73, Supreme Court of New York (January 01, 1808) 1808 In a homine replegiando, the confessions of the officers, who had the persons claimed as slaves, in their custody when the writ was served, cannot be given in evidence against the party making avowry. THIS was an action of replevin. The plaintiffs counted on the writ de homine replegiando. The defendant avowed the taking and detention of the... Most Relevant Cases  
Bickley v. Norris 2 Brev. 252, Constitutional Court of Appeals of South Carolina (November 01, 1808) 1808 Motion for a new trial. The action was trover, for a negro slave named Jenny, and her son Prince. The plaintiff produced in evidence a deed of conveyance to himself, from Ezekiel Calhoun, in trust for the use of Mrs. Wilson, the wife of Hamilton Wilson, dated in the year 1806; and it appeared in evidence, that Ezekiel Calhoun purchased the slaves... Most Relevant Cases  
Burton v. Wellers Litt.Sel.Cas. 32, Court of Appeals of Kentucky (June 10, 1808) 1808 It appears that Daniel Weller had bought a negro boy of Burton, for $300, a moiety of which he paid when the purchase was made, and for the other moiety he gave his obligation, with John Wellers his security, payable at a future day; and that on the obligation Burton brought suit at law, and obtained judgment. On a charge of fraud, this suit was... Most Relevant Cases  
Caldwell v. Myers Hard. 551, Court of Appeals of Kentucky (April 01, 1808) 1808 Nicholas Myers, and Rebecca, his wife, late Rebecca Young, exhibited their bill against Peter Young, George Caldwell, and John and Edward Loveless, in which they state that in the year _, Peter Young had a negro woman who was pregnant, and not having the means of supporting her during the illness inseparable from her condition, applied to the said... Most Relevant Cases  
Cato v. Howard 2 H. & J. 323, Court of Appeals of Maryland (June 01, 1808) 1808 A slave sold by parol for a term of seven years with an agreement between the vendor and vendee that at the end of the seven years he was to be manumitted, by the vendee At the end of that time the vendee executed a deed of manumission. Held, that the slave was free. APPEAL from Montgomery county court. This was a petition for freedom, preferred by... Most Relevant Cases  
Cole v. Collett Litt.Sel.Cas. 47, Court of Appeals of Kentucky (June 17, 1808) 1808 In detinue for certain slaves, the jury found for the appellee. A new trial was moved for, and the court were divided in opinion, by which the motion failed, and judgment was rendered upon the verdict. A bill of exceptions was taken, in which the testimony is spread upon record; and now the only question arises out of that bill of exceptions to the... Most Relevant Cases  
Crease v. Parker 1 Cranch C.C. 506, Circuit Court, District of Columbia (July 01, 1808) 1808 This cause was tried at November term, 1807,1 Cranch, 448 [Case No. 3,376],when a special verdict was found. It was an action brought against a free negro for money lent to him while a slave, to enable him to purchase his freedom. The verdict was in these words: We of the jury find that the sum stated in the declaration was,... Most Relevant Cases  
Crozier v. Gano 1 Bibb 257, Court of Appeals of Kentucky (November 28, 1808) 1808 The count demanded 3 slaves not named in the writ; this is but abatement, and cannot be assigned for error after plea in bar. If party withdraws a demurrer after opinion of the Court given against him, he cannot assign error in the overruling that demurrer. If the jury find the substance of the issue the Court ought to mould the verdict into form.... Most Relevant Cases  
Dailey v. Palmer Hard. 507, Court of Appeals of Kentucky (June 06, 1808) 1808 1. By the laws of Virginia relating to the sales of slaves by execution, etc., it is not necessary for the sheriff, in his return, to name the slaves, unless they were sold by him. 2. This requisition was directory to the officer for the benefit of the purchaser, and the omitting it ought not to prejudice the plaintiff nor benefit the defendant. 3.... Most Relevant Cases  
Davis v. Baltzer 1 Cranch C.C. 482, Circuit Court, District of Columbia (June 01, 1808) 1808 Petition by a negro, Harry Davis, against John Baltzer. Most Relevant Cases  
Dawson v. Thruston 2 Hen. & M. 132, Supreme Court of Appeals of Virginia (March 24, 1808) 1808 Dawson, the appellant, as trustee of Robert Carter of Westmoreland, produced to the Court of Frederick County, a deed of emancipation executed by him to certain negroes therein named, and prayed the Court to admit the same to record, and to certify on their record, that as many of the negroes (all of whom were then in presence of the Court) as... Most Relevant Cases  
De Fonclear v. Shottenkirk 3 Johns. 170, Supreme Court of New York (January 01, 1808) 1808 Where there was contradictory or doubtful evidence, whether a sale of a chattel was absolute or not, the court refused to set aside the verdict of a jury. Where a slave was delivered to a person to be kept, or upon trial, and the bailee suffered the slave to go to the next village in the evening, when the slave ran away, it was held, that the... Most Relevant Cases  
Drury v. Negro Grace 2 H. & J. 356, Court of Appeals of Maryland (December 01, 1808) 1808 Where the limitation over is in fee after an indefinite failure of issue, it is not good as an executory devise, because of its tendency to create a perpetuity by rendering property unalienable. In expounding wills, the first and great principle to be observed is, that the intention of the testator is to prevail, unless such intention is opposed by... Most Relevant Cases  
Faulcon v. Harriss 2 Hen. & M. 550, Supreme Court of Appeals of Virginia (May 25, 1808) 1808 A bond was given in 1782, in the penalty of 50,000l. conditioned for the payment of 1,000l. or such farther sum as shall be equal to the said 1,000l. in 1774, that is to say, to purchase as much land and as many negroes, as it might have done at that time: this was held not to be an usurious contract. But if an action be... Most Relevant Cases  
Fitzhugh v. Anderson 2 Hen. & M. 289, Supreme Court of Appeals of Virginia (April 22, 1808) 1808 A father, anterior to our statute of frauds, having delivered certain slaves to his son, which were proved by verbal evidence, (without any deed or writing,) to have been lent, for an indefinite period, and the son having retained the uninterrupted possession for many years, used the property as his own, and acquired credit on the strength of his... Most Relevant Cases  
Gaunt v. Brockman Hard. 331, Court of Appeals of Kentucky (May 07, 1808) 1808 1. After the operation of the act of Virginia of 1758, and before the operation of the act of 1785, parol gifts of slaves were void as between the donor and donee, as well as against creditors and purchasers. 1 Wash. 139. 2. Former possession of slaves, though continued long enough to protect the holder against an action, can not vest a right so as... Most Relevant Cases  
Harrison v. Hobbs 1 Bibb 152, Court of Appeals of Kentucky (October 12, 1808) 1808 THE first question which presents itself is, What is the proper construction of the instrument of writing executed by Joseph Bissett to Hobbs, under which he claims the negro woman? It is contended by the counsel for Hobbs that the instrument ought either to be considered as a mortgage or a deed of trust; and that it created a present lien on the... Most Relevant Cases  
Hay v. Conner 2 H. & J. 347, Court of Appeals of Maryland (December 01, 1808) 1808 Where a mother, as the natural guardian of her infant children, who were under the age of 14 years, hired a slave belonging to them, to a sea captain, to perform a voyage on wages, the slave to be returned, &c. and the vessel being sold at the port to which she sailed, by her owners, the slave was put by the captain on board of another vessel bound... Most Relevant Cases  
Inhabitants of Dighton v. Inhabitants of Freetown 4 Mass. 539, Supreme Judicial Court of Massachusetts (January 01, 1808) 1808 Of the settlement of slaves. [After manumission, a slave retains the settlement of his master till another is gained.--ED.] THIS writ of error was brought to reverse a judgment of the Court of Common Pleas for this county, rendered in December last, by which the settlement of Dinah Walker, a pauper, was determined to be in Dighton. The facts on... Most Relevant Cases  
Inhabitants of Winchendon v. Inhabitants of Hatfield 4 Mass. 123, Supreme Judicial Court of Massachusetts (March 01, 1808) 1808 Before the revolution, the settlement of a slave always followed that of his master. Slaves were not within the statutes relating to the warning of persons in order to prevent their gaining a settlement; nor within the statute of 7 Geo. c. 3, which provides that no settlement shall be gamed by residence. But when manumitted, they could acquire a... Most Relevant Cases  
Jackson v. Macey Hard. 582, Court of Appeals of Kentucky (April 01, 1808) 1808 The defendant in this court, who was the complainant in the court below, filed his bill, for the purpose of obtaining a division, and a decree for the possession of three-tenths of the slaves of which Joshua Jackson, senior, died possessed, and to which the complainant claimed title, by fair and bona fide purchases, for a valuable consideration,... Most Relevant Cases  
Joice v. Alexander 1 Cranch C.C. 528, Circuit Court, District of Columbia (December 01, 1808) 1808 Petition for freedom [by Clem Joice, a negro]. Four jurors having been sworn, Matthew Wright was called as a juror, and challenged for favor; whereupon the two jurors first sworn, were sworn as triers, and having heard testimony as to Wright's declarations that they had better not summon him on negro causes, for he would free them all, were... Most Relevant Cases  
Kettletas v. Fleet Ant. N.P. Cas. 36, Supreme Court of New York (January 01, 1808) 1808 A contract for the sale of a slave, for life, may be rescinded by the vendee, if it appears that the vendor has bound himself, under seal, to manumit the slave after a certain period. And this, although the vendee may have heard, previous to the sale, that a promise to manumit had been made by the vendor. Evidence of the slave's forfeiture of his... Most Relevant Cases  
Moore's Ex'r v. Auditor of Public Accounts 3 Hen. & M. 232, Supreme Court of Appeals of Virginia (November 05, 1808) 1808 All deeds of trust and mortgages of slaves, or other personal estate are void against creditors and purchasers for valuable consideration, not having notice thereof, unless the same be acknowledged by the party, or parties, or proved by three witnesses, and thereupon duly recorded. The Courts of Chancery have jurisdiction in all cases where... Most Relevant Cases  
Mudd v. Phillips Litt.Sel.Cas. 50, Court of Appeals of Kentucky (June 18, 1808) 1808 In covenant for the delivery, on or before a day expressed, of two slaves between the age of eight and ten years, the defendant in the action moved the court to instruct the jury, that the value of such negroes, immediately after they passed the age of eight years, with interest, should be the criterion of damages; but the court overruled the... Most Relevant Cases  
Nan v. Moxley 1 Cranch C.C. 523, Circuit Court, District of Columbia (December 01, 1808) 1808 Petition for freedom [by the negress Nan and children against D. Moxley and others]. Affidavit of the negro Charles, a manumitted negro, that his wife Nan (the petitioner) was about to be removed out of the District. Most Relevant Cases  
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