TitleCitationYearSummaryMost RelevantTypeStatus
Ragland's Ex'rs v. Cross 4 N.C. 219, Supreme Court of North Carolina (January 01, 1815) 1815 When a bond is given for the hire of a slave for a year, in the course of which time the slave becomes disabled and ultimately dies, there can at law be no apportionment of the sum agreed to be paid, This is an action of debt brought upon the bond, which accompanies this case. This bond was given for the hire of a negro. A few months after the... Most Relevant Cases  
Smith v. Hancock 4 Bibb 222, Court of Appeals of Kentucky (November 02, 1815) 1815 Trespass vi et armis by the owner against one for beating a slave, is the proper action, and not case. Possession is necessary to maintain the action; but an allegation that the slave was the property of the plaintiff is prima facie sufficient without an express allegation of possession. That a slave was at an unlawful assembly conspiring to rebel... Most Relevant Cases  
State v. Davis 4 N.C. 271, Supreme Court of North Carolina (July 01, 1815) 1815 A person may be convicted for stealing a runaway slave, knowing him to be runaway and to whom he belonged. If an indictment charge the stealing a slave the property of A. B. deceased, judgment must be arressed, for it should have charged the slave to be the property of A. B's executors or administrators. The defendant was indicted... Most Relevant Cases  
State v. Levin 4 N.C. 250, Supreme Court of North Carolina (July 01, 1815) 1815 The punishment of a slave for horse stealing is whipping and loss of ears for the first offence, and death for the second under the act of 1741, c. 8, sec. 10, the subsequent acts prescribing the punishment of horse stealing not extending to slaves. The defendant is a negro slave, the property of William Pope. He was convicted of stealing a horse,... Most Relevant Cases  
State v. Porter 2 Tread. 694, Constitutional Court of Appeals of South Carolina (January 01, 1815) 1815 Amey Lapier, a woman of color, was convicted before a magistrate and two freeholders, for slandering and insulting a white woman, and sentenced to pay a fine of ten dollars and costs of prosecution, which fine was received by the magistrate, but not paid over by him within the time prescribed by A. A. 1787. Held by the court, that as there was no... Most Relevant Cases  
Tarlton v. Briscoe 4 Bibb 73, Court of Appeals of Kentucky (May 29, 1815) 1815 THIS was an action of detinue, brought by Briscoe in Court below to recover a negro girl from the possession of Tarlton. The trial was had in that Court on the general issue, and verdict and judgment obtained by Briscoe; from which judgment Tarlton has appealed to this Court. The action was brought in the Scott Circuit Court, and the venue is laid... Most Relevant Cases  
U S v. Tom 2 Cranch C.C. 114, Circuit Court, District of Columbia (November 01, 1815) 1815 The defendant, a slave, was convicted of manslaughter, and the judgment of THE COURT (nem. con.) was that he should be burnt in the hand by the jailor in open court, and should be publicly whipped with thirty-nine stripes. See Act Va. Dec. 17, 1792, § 34, p. 190. Most Relevant Cases  
Withers v. Reed 4 Bibb 258, Court of Appeals of Kentucky (December 05, 1815) 1815 THE appellee declared in covenant against the appellant upon articles entered into on the 6th of November, 1811; by which the appellee in substance covenanted to bring for the appellant to the State of Kentucky five negroes, under the direction of Thomas Montjoy; to rent a plantation, if to be had, put in a crop the ensuing spring, and in every... Most Relevant Cases  
Withers v. Smith 4 Bibb 170, Court of Appeals of Kentucky (October 04, 1815) 1815 A case within the statute of frauds and per-juries, respecting loans of goods and chattels. Slaves are within the operation of the statute. A parol loan of slaves in Virginia, afterward brought to Kentucky and held by the person to whom they were loaned for five years without demand made and prosecuted by due course of law, is within the statute of... Most Relevant Cases  
Wright v. Coleman 4 Bibb 252, Court of Appeals of Kentucky (November 16, 1815) 1815 An action by petition and summons will not lie on a note given for the hire of a family of slaves, for which the obligor was to pay 100 dollars and find them in the customary winter and summer clothing. THIS is a writ of error to a judgment in an action by petition and summons, brought by the defendant in error against the plaintiff, upon a note... Most Relevant Cases  
Allen v. Gentry 4 N.C. 411, Supreme Court of North Carolina (July 01, 1816) 1816 This case depends upon the proviso of the act of 1806. The act requires all persons claiming slaves in virtue of any parol gift, to bring their actions within a limited time after the passing of the act. And the proviso alluded to, is of the saving to infants, femes covert, &c. The wife, in this case, was an infant at the passing of the act, and... Most Relevant Cases  
Allen's Adm'r v. Peden 4 N.C. 442, Supreme Court of North Carolina (January 01, 1816) 1816 An act of the Legislature, emancipating slaves belonging to the estate of an intestate, without the consent of the administrator, is unconstitutional. Detinue for two mulatto children born of a negro woman slave, and reputed to be the children of Allen, who in his lifetime conveyed some property to each of them, and on the back of the deed,... Most Relevant Cases  
Blackburn v. Allen 4 Tenn. 31, Supreme Court of Errors and Appeals of Tennessee (November 01, 1816) 1816 The declaration filed in the Circuit Court for the county of Washington upon a writ issued in 1812, and returned to the next term, claimed damages for the breach of a covenant alleged to have been made by writing, under seal the 17th of June, 1797, for the delivery of a negro girl on the 15th of October, 1797. The first plea of the defendant to... Most Relevant Cases  
Blanchard v. Kenton 4 Bibb 451, Court of Appeals of Kentucky (November 25, 1816) 1816 A Court of Equity will not sustain a bill for relief, if from the allegations it appears that the complainant has a remedy at law. After the debt for which a mortgage on a negro was given is paid, the mortgagor may maintain an action at law to recover the negro. It is competent to prove by parol evidence that a bill of sale absolute on its face,... Most Relevant Cases  
Bore v. Quierry 4 Mart.(o.s.) 545, Supreme Court of Louisiana (December 01, 1816) 1816 APPEAL FROM THE COURT OF THE FIRST DISTRICT. The plaintiff and appellant is the testamentary executor of Mary Bore, a free woman of color, who is alleged to have been for a number of years in an universal partnership with one Quierry, the defendant and appellee's testator, and the object of his suit is the recovery of one half of the property left... Most Relevant Cases  
Brashear v. Burton 4 Bibb 442, Court of Appeals of Kentucky (November 29, 1816) 1816 THIS is an appeal from a judgment obtained by Burton in an action of detinue brought by him to recover negro man from Brashear. Both parties claim the negro through Mary Caldwell. Brashear deduced his claim by a purchase from Snelling, who held under James Caldwell, who in 1806 purchased from Mrs. Caldwell; and Burton deduced his claim as the... Most Relevant Cases  
Butt v. Caldwell 4 Bibb 458, Court of Appeals of Kentucky (November 27, 1816) 1816 The sale of a negro made while she is hired to another, transfers the possession as well as right of property, and the bill of sale is not as to creditors fraudulent per se, because possession was not actually given to the purchaser at that time. THIS was an action of detinue brought by the appellant to recover the possession of a certain slave. He... Most Relevant Cases  
Casey v. Fonville 4 N.C. 287, Supreme Court of North Carolina (January 01, 1816) 1816 Marriage operates as an absolute gift to the husband of all the personal estate of which the wife is in possession, whether he survive her or not; but to such as rests in action, the husband is only entitled, on condition that he reduces it into possesoion during coverture. Hence a warranty of title, annexed to a slave sold to the wife while sole,... Most Relevant Cases  
Cole v. Cole's Adm'r 4 Bibb 340, Court of Appeals of Kentucky (May 23, 1816) 1816 THIS is an appeal from the judgment of the Court below rendered for the recovery of a negro boy in an action of detinue, brought in that Court by the appellee against the applicant. The errors assigned are--1. That the declaration is defective. 2. The Court erred in the instruction given to the jury, as stated in the bill of exceptions filed. The... Most Relevant Cases  
Coleman v. Bailey 4 Bibb 297, Court of Appeals of Kentucky (April 03, 1816) 1816 THIS was an action of trespass for beating a slave, to which the defendants pleaded not guilty. On the trial the plaintiff proved that the plaintiff Polly Coleman the elder was the widow of Thomas Coleman, deceased, and that the other plaintiffs were his children and heirs: that the slave was of the estate of said Thomas Coleman, and in the... Most Relevant Cases  
Coleson v. Blanton 4 Tenn. 152, Supreme Court of Errors and Appeals of Tennessee (December 01, 1816) 1816 This is an appeal in the nature of a writ of error from the Circuit Court of the county of Warren. Blanton sued Coleson in trover for a negro named Hagar, a child of one of the negroes named in the deed of trust from Richard Blanton and Philip Vaughan to Charles Blanton, the plaintiff, dated the 19th of August, 1791, by which deed said negroes were... Most Relevant Cases  
Commonwealth v. Holloway Supreme Court of Pennsylvania (January 01, 1816) 1816 Birth in Pennsylvania gives freedom to the child of a slave, who had absconded from another state, before she became pregnant. A HABEAS CORPUS having been directed to the keeper of the prison of the city and county of Philadelphia, commanding him to produce the body of Eliza, a negro child, together with the cause of her detention, he returned that... Most Relevant Cases  
Cotten v. Powell 4 N.C. 313, Supreme Court of North Carolina (January 01, 1816) 1816 A mortgage of slaves is valid under the act of 1792 (1 Rev Stat. ch. 37, sec. 19 & 21) without an attesting witness between the parties. A written transfer of slaves is necessary, under the act of 1806 (1 Rev. Stat. ch. 37, sec. 17) in all cases where a person gives slaves to another. Detinue for a slave. The plaintiff claimed title under a parol... Most Relevant Cases  
Craig v. Payne 4 Bibb 337, Court of Appeals of Kentucky (May 20, 1816) 1816 THIS was an action of detinue brought in the Court below by the appellee, to recover from the appellant a negro girl which he held under a sale made by a sheriff in virtue of a writ of fieri facias which issued in his favor against a certain Abraham Proctor. The trial was had on the general issue, and after proof was made that Proctor had been... Most Relevant Cases  
Defour v. Bourne 4 Bibb 345, Court of Appeals of Kentucky (May 29, 1816) 1816 A parol sale of a slave without delivery, passes a complete right to the purchaser. Proof that a slave was delivered under a contract, to be held until the sum of 501. was paid, and that the reasonable hire of the slave during the period of possession exceeded that sum, will not avail the pledgor of the slave in a suit of law, unless it be proved... Most Relevant Cases  
Drew's Ex'rs v. Drew 4 N.C. 321, Supreme Court of North Carolina (January 01, 1816) 1816 The third section of the act of 1806, (Rev. ch. 701, sec. 3) relating to gifts of slaves theretofore made, refers only to adverse claims. Hence where, after a parol gift made prior to 1806, by a father to his son, the possession of the slaves was sometimes in the father and then in the son, but the title was acknowledged by the father to be in the... Most Relevant Cases  
Emerson v. Howland 1 Mason 45, Circuit Court, D Massachusetts (May 01, 1816) 1816 This was a suit in personam [by Arthur Emerson against George Howland and others] for substraction of mariners' wages, against the owners of the ship Ann Alexander. The material facts were as follows: The plaintiff being owner of a slave, called Ned, at Norfolk, in Virginia, on the 2d of March, 1811, shipped him as a mariner, at the monthly wages... Most Relevant Cases  
Ex parte Deane 2 Cranch C.C. 125, Circuit Court, District of Columbia (January 01, 1816) 1816 This was a motion to the court for a habeas corpus to bring up the slaves of Joseph Deane, who had been committed by the mayor of the town for the supposed violation of a by-law prohibiting the nightly meeting of slaves, &c., and the question was, whether the jurisdiction of the mayor and common council extended to the northward of the range of... Most Relevant Cases  
Garth's Ex'rs v. Barksdale 5 Munf. 101, Supreme Court of Appeals of Virginia (March 07, 1816) 1816 1. Five years peaceable and uninterrupted possession of slaves, under a loan not evidenced by deed duly recorded, vests a title in the loanee, which enures in favour of his creditors, and cannot be devested as to them, by his returning the same to the lender, after the said five years have expired. See Gay v. Moseley, 2 Munf. 543-546. THIS was an... Most Relevant Cases  
Gilchrist v. Marrow 4 N.C. 410, Supreme Court of North Carolina (July 01, 1816) 1816 Where a person sold a slave about eleven years of age, sound and healthy, and do by these presents further covenant and agree to warrant the right &c., it was held to amount to a warranty of soundness. This cause was tried before DANIEL, J. at Cumberland Superior Court. It was an action of covenant to recover damages for the breach of... Most Relevant Cases  
Henderson's Adm'r v. Clark 4 Bibb 391, Court of Appeals of Kentucky (October 08, 1816) 1816 THIS was an action for detinue of slaves. Issues were joined upon the pleas of non detinet and the statute of limitation. On the trial, the defendant, to defeat the recovery of the plaintiff, who sued as administrator, produced in evidence a certificate of administration of the intestate's estate, purporting to have been granted to Rebecca... Most Relevant Cases  
Henry v. Ball 14 U.S. 1, Supreme Court of the United States (February 10, 1816) 1816 ERROR on judgment, rendered by the circuit court for the county of Washington, in the District of Columbia, against the plaintiff, who was in that court a petitioner for freedom. The plaintiff being a child, and the slave of the defendant, who resided in Virginia, was, some short time before the month of May, 1810, put to live with Mrs. Rankin,... Most Relevant Cases The case or administrative decision has some negative history, but has not been reversed or overruled.
Hickman's Adm'rs v. Hanley 4 Bibb 359, Court of Appeals of Kentucky (June 05, 1816) 1816 In an action on the case on a warranty of soundness of a slave, a bill of sale under seal containing such warranty, is inadmissible evidence. But it is admissible in an action for the fraud. On a count for fraud, the declaration should charge the unsoundness, and that the seller knew it. THIS was an action upon the case, in which the plaintiff... Most Relevant Cases  
Inhabitants of Andover v. Inhabitants of Canton 13 Mass. 547, Supreme Judicial Court of Massachusetts (November 01, 1816) 1816 The children of slaves in the late Province derived no settlement from their parents. Indians residing within the limits of a town, and being under the guardianship of persons appointed by the government, have no legal settlement in such town?? Notice to a town in which a pauper has his settlement, that such pauper has become chargeable in another... Most Relevant Cases  
Isaac v. Johnson 5 Munf. 95, Supreme Court of Appeals of Virginia (February 22, 1816) 1816 1. Relief given in equity, in a pauper's suit for freedom, by awarding a new trial at law, and, a (verdict being certified,) decreeing for the plaintiff; upon a bill stating, that, in the previous proceedings, he had not been permitted to obtain his testimony; and on proof now produced in support of his right; notwithstanding the defendant pleaded... Most Relevant Cases  
Jones v. Harrison 4 Tenn. 92, Supreme Court of Errors and Appeals of Tennessee (November 01, 1816) 1816 The plaintiff was entitled at the death of his mother, by will made in 1765, to the negro in question, with others, which on her death, the defendants removed from Virginia to this State. The plaintiff sued the defendant at law for these negroes, and during the pendency of the suit, they caused the negro to be sold to satisfy a debt recovered... Most Relevant Cases  
Jordan v. Jordan's Ex'r 4 N.C. 292, Supreme Court of North Carolina (January 01, 1816) 1816 The bill charges that the complainant was advised by his brother, the testator of the defendant, to invest $100 in the purchase of a slave, which he consented to do, and accordingly paid that sum to the defendant, who made the purchase for him. That this transaction took place about the year 1783, when the defendant delivered the slave to him,... Most Relevant Cases  
McGinnis v. Hart 4 Bibb 327, Court of Appeals of Kentucky (May 25, 1816) 1816 THIS was a suit in chancery, brought by M'Ginnis, the appellant, in which he charges that on the 11th of May, 1811, being in want of money, he applied to Hart, the appellee, for the loan of $250 for one year, who lent him that sum upon his executing an instrument of writing purporting to be an absolute bill of sale for a negro boy aged 14, and... Most Relevant Cases  
McNair's Adm'r v. Hawkins 4 Bibb 390, Court of Appeals of Kentucky (October 08, 1816) 1816 THIS case turns upon the construction of a clause in the will of John Thompson, made the 31st of July, 1758, and admitted to record the following year. The clause referred to is as follows: I give, devise, and bequeath to my daughter, Elizabeth Thompson, my tract of eleven hundred acres in Albemarle county, called Meadow Creek, with six negro... Most Relevant Cases  
Montgomery v. Caldwell 4 Bibb 305, Court of Appeals of Kentucky (April 06, 1816) 1816 THIS was an action of detinue brought in the Court below by the appellee to recover a negro woman slave, and the appellant having pleaded the statute of limitations, the appellee in substance replied, that within five years from the accrual of the cause of action, he commenced in a Court of competent jurisdiction against the appellant, a similar... Most Relevant Cases  
Read v. Staton 4 Tenn. 159, Supreme Court of Errors and Appeals of Tennessee (December 01, 1816) 1816 This is an action of covenant, founded on covenants contained in a bill of sale made by Staton to Read, 2d March, 1812, of a negro girl warranted as to title, and also warranted to be sound and healthy as far as the vendor knew. And also, that he would pay a penalty if, &c. The breaches assigned are, that the vendor had no title; that the girl was... Most Relevant Cases  
Royall's Adm'rs v. Royall's Adm'r 5 Munf. 82, Supreme Court of Appeals of Virginia (February 19, 1816) 1816 1. A son being possessed of a life estate in certain slaves, with a contingent limitation, to his mother and her heirs, upon his dying without issue living at the time of his death;--the mother died in his life time, leaving him her only heir; and he afterwards died, without such issue:--the administrator of the mother brought an action of detinue... Most Relevant Cases  
Sampson v. Bryce 5 Munf. 175, Supreme Court of Appeals of Virginia (October 19, 1816) 1816 1. A fi. fa., against the estate of a testator, cannot lawfully be levied on slaves which, being specifically bequeathed, are in the possession of the legatees, as their property, either by actual delivery from the Executor, or by his permission. See Burnley v. Lambert, 1 Wash. 308--313,accordant. 2. In such case a Court of Equity may award an... Most Relevant Cases  
Scidmore v. Smith 13 Johns. 322, Supreme Court of New York (January 01, 1816) 1816 An action on the case lies for seducing and harboring the servant or slave of the plaintiff, notwithstanding the penalty given by the act concerning slaves and servants, (2 N. R. L. 206.) which is a cumulative remedy. IN ERROR, on a certiorari to a justice's Court. Smith, the defendant in error, brought an action of trespass (as was... Most Relevant Cases  
Scott v. Halliday 5 Munf. 103, Supreme Court of Appeals of Virginia (March 16, 1816) 1816 1. If a fieri facias against the goods of a testator be levied on slaves, which, by his will, were specifically bequeathed, and after his death were allotted to the legatee by the executor, who thereupon held them, and hired them out, as guardian for such legatee;--a court of equity ought, by injunction, to stop the sale, until an account of the... Most Relevant Cases  
Scott v. Perrin 4 Bibb 360, Court of Appeals of Kentucky (June 05, 1816) 1816 Sale of a negro canceled because the seller represented the negro to be a faithful survant, of good character, and not subject to run away, knowing him to be a faithless one, of infamous character and a notorious runaway. SCOTT purchased of Perrin a negro man, forwhom he paid $50 in hand, and executed his obligation for $300, payable at some future... Most Relevant Cases  
Thomas v. Soper 5 Munf. 28, Supreme Court of Appeals of Virginia (February 06, 1816) 1816 1. Although, in the case of an absolute deed of slaves, where the grantor remains in possession after the execution and recording of the same, such deed is to be regarded as fraudulent and void as to creditors and subsequent purchasers, yet the same is obligatory, and cannot be impeached, as between the grantor and grantee and their... Most Relevant Cases  
U.S. v. Pickering 2 Cranch C.C. 117, Circuit Court, District of Columbia (April 01, 1816) 1816 This was an indictment for dealing with a slave without the consent of his master, contrary to the act of Virginia of 17th December, 1792, (page 188, § 16). Most Relevant Cases  
West v. Belches 5 Munf. 187, Supreme Court of Appeals of Virginia (October 30, 1816) 1816 1. That slaves were sold, on a credit, for more than a sum, which the seller had previously offered to take for them in cash, with interest thereon during the term of credit, and that the seller was accustomed to lend money on usurious interest, is not sufficient evidence that such sale was intended as a cover for usury; there being no proof that a... Most Relevant Cases  
West v. Dubberly Taylor 38, Supreme Court of North Carolina (July 01, 1816) 1816 Whatever may be the external formality of a deed, yet if its design be to defraud creditos it is void; and even without such present design, a deed of gift to a child, unattested by a supscribing witness, is void against creditors and purchasers by the act of 1784 (1 Rev. Stat. ch. 37 sec. 19.) Detinue for a slave, named Ben. Plea, general issue.... Most Relevant Cases  
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