TitleCitationYearSummaryMost RelevantTypeStatus
Willoughby v. Spear's Adm'rs 4 Bibb 397, Court of Appeals of Kentucky (October 10, 1816) 1816 THIS was an action of assumpsit for money lent and advanced. On the trial the plaintiffs read in evidence a bill of sale from the defendant to them for a negro woman, purporting to be given in consideration of $200, together with an indorsement thereon, of the same date, signed by the plaintiffs, in which they stipulated that the defendant might at... Most Relevant Cases  
Woodyard's Heirs v. Threlkeld 1 A.K.Marsh. 10, Court of Appeals of Kentucky (December 02, 1816) 1816 This action was brought by the appellants as heirs of Henry Woodyard, deceased, to recover a negro woman and her children, which they charge to them belong, and from them the appellee detains. The negro woman is admitted to have belonged to the ancestor of the appellants at his decease; but the appellee asserts a right to her under a sale since... Most Relevant Cases  
Allen v. Parham 5 Munf. 457, Supreme Court of Appeals of Virginia (March 06, 1817) 1817 The Court perceives no error in the principles of the Decree: but there is no division of the negroes decreed, although an account of their hires is. The Court, considering the Decree, however, as interlocutory, and that a division may be hereafter decreed, does not think proper to reverse the Decree for this, but affirms it. Most Relevant Cases  
Anderson v. Bacon 1 A.K.Marsh. 48, Court of Appeals of Kentucky (October 18, 1817) 1817 ON AN APPEAL FROM A DECREE OF THE FRANKLIN CIRCUIT COURT. John Jones of New-Kent county, in Virginia, by his last will devised to his wife, for life, sundry slaves, and the remainder over in fee to three of her children by a former husband; namely, Benedict, Nathaniel and Elizabeth Bacon; but to the latter he bequeathed a negro girl, Marcia, over... Most Relevant Cases  
Baird v. Bland 5 Munf. 492, Supreme Court of Appeals of Virginia (March 19, 1817) 1817 1. When a person, who bought a Slave, with lawful notice of a better title, is decreed to deliver him, and pay profits; Interest ought to be charged against him upon the hires, actually received by him from other persons, from the dates of his receipts; but not upon the profits of such Slave, while in his own possession without being hired; the... Most Relevant Cases  
Barlow v. Hinton 1 A.K.Marsh. 97, Court of Appeals of Kentucky (December 05, 1817) 1817 This was a suit in chancery, brought for the cancelment of the following instrument of writing, and to compel Barlow, who obtained letters of administration on the estate of Reuben Cochran, deceased, to deliver to Hinton certain slaves, which, by the last will of the decedent, were devised to him. The writing referred to is as follows: Know all... Most Relevant Cases  
Baugh v. Baugh 4 Bibb 556, Court of Appeals of Kentucky (June 03, 1817) 1817 An interlocutory decree of a Courtof Chancery in Virginia does not preclude the party against whom it is made from questioning its correctness in a controversy about the same matter in a Court of this country. A testator loans to his wife the use of the plantation whereon he lived, and three negroes and certain personal property, during her natural... Most Relevant Cases  
Berry v. Berry's Adm'rs 4 Bibb 528, Court of Appeals of Kentucky (April 26, 1817) 1817 THE appellant exhibited his bill for the redemption of certain slaves, which he alleges had been placed in the possession of the appellees' intestate, to secure the payment of money advanced for him by the intestate. In the year 1789, the negro woman, from whom the other slaves in question are descendants, was sold under an execution against the... Most Relevant Cases  
Beverly v. Brooke 15 U.S. 100, Supreme Court of the United States (February 19, 1817) 1817 ERROR to the circuit court for the district of Columbia. This suit was instituted by the plaintiff in the circuit court for the county of Alexandria, to recover the value of three slaves hired by the plaintiff to the defendant for a voyage to some part of Europe in the brig Sophila, of which the defendant was master, which slaves escaped from the... Most Relevant Cases  
Boyd v. Stainback 5 Munf. 305, Supreme Court of Appeals of Virginia (January 17, 1817) 1817 1. A demand of slaves by the lender, who thereupon receives, and immediately redelivers them to the Loanee, to be held on the same terms, as before such demand, receipt, and re-delivery being in private is not sufficient to bar the rights of creditors, under the Act to prevent Frauds and Perjuries. 2. A Loan of Slaves, though not declared by Deed... Most Relevant Cases  
Burroughs' Adm'r v. Anna 4 H. & J. 262, Court of Appeals of Maryland (June 01, 1817) 1817 APPEAL from Saint Mary's County Court. A petition for freedom filed by the appellee against the appellant. L B by his will dated in 1811, bequeathed freedom to his negro woman A, who was above the age of 45 years; he also bequeathed to her the advantages of her son as a labourer so long as she lived, and a young bay mare, and four barrels of corn,... Most Relevant Cases  
Byrd v. O'Hanlin 1 Mill Const. 401, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 The facts which appeared on affidavit, and which are deemed important in this case, were these. That Eliza, the wife of the defendant, late Eliza Brown, widow of Robert Brown, and sister of the plaintiff, became possessed of the negroes in dispute, by her marriage with Robert Brown. That after the death of the said Robert Brown, she went to live... Most Relevant Cases  
Coleman v. Holladay 6 Munf. 47, Supreme Court of Appeals of Virginia (December 20, 1817) 1817 1. A testator, by his Will, lent certain slaves to his daughter Betty L. during her natural life; and, immediately after her death, he gave the said slaves and their increase, to her children then living, and to the legal representatives of such of them as should be dead: but, in case all her children should die in the life... Most Relevant Cases  
Commonwealth ex rel. Johnson v. Holloway Supreme Court of Pennsylvania (January 01, 1817) 1817 From the evidence which has been given we have no doubt of David Johnson's being the slave of Mr. Frazier, and there would be no objection to delivering him to his agent, who attends here for the purpose of receiving him, but for the commitment for fornication and bastardy. Fornication has always been prosecuted in this state as a crime. By the law... Most Relevant Cases  
Cotton v. Hart 1 A.K.Marsh. 56, Court of Appeals of Kentucky (October 20, 1817) 1817 ON AN APPEAL FROM A DECREE OF THE WOODFORD CIRCUIT COURT. James Hoskins having a demand against Cotton, the appellant, for a negro man, entered into an agreement with Hart, one of the appellees, to prosecute a suit for the recovery of said slave; by which, Hart became entitled to whatever sum should be recovered over the amount of $300; and at the... Most Relevant Cases  
Course v. Prince 1 Mill Const. 416, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 This was an action of assumpsit, for the price of certain articles furnished, and money advanced by the plaintiff, in aid of the ferry establishment, and the hire of the negroes which were the subject of the suit last disposed of: and the decision in that case would be conclusive of this, were it not for one distinguishing feature, attempted to be... Most Relevant Cases  
Cunningham v. Shields 5 Tenn. 44, Supreme Court of Errors and Appeals of Tennessee (May 01, 1817) 1817 Wilson Shields, the father of Banner, at the time of his death was possessed of a number of negro slaves, and in his will directed them and his other personal property to be sold for the payment of his debts, and the education of his children, till the youngest should arrive at the age of sixteen; the surplus to be distributed amongst his children... Most Relevant Cases  
Darby v. Calhoun 1 Mill Const. 398, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 1. Upon the first ground, I am of opinion there was evidence on both sides. One witness for the plaintiff swore, that the defendant was present, and ordered the negroes to roll away the spar, and another witness swore, on behalf of the defendant, that he had no hand in taking this spar away; and that he was on the beach, and did not go above high... Most Relevant Cases  
De Tollenere v. Fuller 1 Mill Const. 117, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 The whole of the grounds taken for a new trial in this case, may be comprised in two: 1. Whether the evidence is sufficient to charge the defendant. 2. Whether the amount of the verdict is warranted upon no other evidence of the value of the negro than her description and character. By the express terms of the contract, the plaintiff was not to... Most Relevant Cases  
Dust v. Conrod 5 Munf. 411, Supreme Court of Appeals of Virginia (February 08, 1817) 1817 1. In a suit against the vendee of a slave, if he refer the controversy to arbitration, without being authorized to do so by the vendor who had bought and sold the slave bona fide, and when he might have cast the plaintiff in the ordinary course of law, he has no remedy in equity against such vendor, in the event of his losing the slave by an... Most Relevant Cases  
Ex parte Ferrett 1 Mill Const. 194, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 This was a motion for a prohibition to restrain the enforcement of an ordinance of the City Council, imposing a capitation or poll tax, so far as relates to the present applicants. It appeared that the applicants are natives of Cape Francois, in the island of St. Domingo, and had always enjoyed the rights and privileges of the free citizens of that... Most Relevant Cases  
Furguson v. White 1 A.K.Marsh. 6, Court of Appeals of Kentucky (October 13, 1817) 1817 This was an action of detinue, brought by the appellants in the court below, to recover the possession of a family of slaves, held by the appellee under a purchase from a certain Augustus, who held the same by purchase from a certain William Furguson, the husband of Esther Allison, and father of the appellants. For the purpose of manifesting their... Most Relevant Cases  
Gaither v. Mumford Taylor 167, Supreme Court of North Carolina (July 01, 1817) 1817 The bill of sale purports to convey an absolute property in the slave, while, by a separate deed made at the same time, the title of the plaintiff is liable to be defeated, upon Bryant's paying the amount of the judgments. To separate the defeazance from the deed, is always a suspicious circumstance. Cockrell v Purchase, Forrest. 61 Both deeds were... Most Relevant Cases  
Garnett v. Sam 5 Munf. 542, Supreme Court of Appeals of Virginia (April 01, 1817) 1817 1. If the case made by a Bill of Exceptions be, that the plaintiffs, suing for freedom, were brought into this State subsequent to the year 1786, and that the defendant asserts a claim to them on the ground that the Oath, prescribed by the 4th section of the Act of 1792, (1 R. C. ch. 103,) was duly taken by him or those under whom he claims; the... Most Relevant Cases  
Hardwick v. Hardwick 4 Bibb 569, Court of Appeals of Kentucky (June 09, 1817) 1817 To an action of covenant the defendant pleads that it was given for a slave that was unsound, which was known by the plaintiff but artfully concealed; which unsoundness rendered him of no value, of which he afterward died, and so there was a failure of consideration--is good without averring that he returned or offered to return the slave, it being... Most Relevant Cases  
Harris v. Nicholas 5 Munf. 483, Supreme Court of Appeals of Virginia (March 12, 1817) 1817 1. A writing under seal, being in these words; for the hire of four negro fellows the present year, who are to be returned, well cloathed, on or before the 25th of December, I promise to pay, &c.; quære, whether such writing contains a Covenant to return the Negroes, as well as to pay the money 2. A Covenant, by a person hiring a... Most Relevant Cases  
Henderson v. Negro Tom 4 H. & J. 282, Court of Appeals of Maryland (June 01, 1817) 1817 Where a slave had been imported into this state in 1792 by his owner, who had not complied with the provisions of the act of April 1783, ch. 23, by causing a registry, &c. to be made of such slave--Held, that the slave was entitled to freedom. APPEAL from Harford County Court. A petition for freedom was filed by the appellee against the appellant.... Most Relevant Cases  
Hicks v. Parham 4 Tenn. 224, Supreme Court of Errors and Appeals of Tennessee (February 01, 1817) 1817 The temporary owner of a chattel by hiring must bear the loss of all the casualties which may happen during the term of hiring. (Acc. 4 Hay., 10; 10 Y., 48; 7 Y., 474; 1 Head, 258.) Thus, the hirer of a slave, who dies shortly after the commencement of the term of hiring, must pay the full hire stipulated for, and a bill in equity for relief will... Most Relevant Cases  
Hook's Adm'rs v. Hancock 5 Munf. 546, Supreme Court of Appeals of Virginia (April 01, 1817) 1817 The Court is of opinion that, to support the plea of justification to the second Count in the declaration in this case, it was sufficient for the Appellant's Testator to shew that the slave Nan, in the first plea averred to be his property, had been a long time in his possession as a slave, and was purchased by him as such;... Most Relevant Cases  
Hopkins v. Tarlton 4 Bibb 500, Court of Appeals of Kentucky (April 12, 1817) 1817 THIS case is very similar in its circumstances to the case of larue v. Rust, determined at the present term. The slaves of Hopkins were under execution; Tarlton as his friend became the purchaser of the slaves--took upon himself the payment of those debts, and obtained from the officer who had the slaves in custody their surrender to him. The... Most Relevant Cases  
In re Mickel 14 Johns. 324, Supreme Court of New York (January 01, 1817) 1817 The owner of a slave, by his will, dated the 15th January, 1813, declared as follows: I manumit and give freedom to my negro woman Mott, and her daughter Nan, immediately after my decease. The testator, afterwards, sold Nan as a slave, to C., and died: Held that the sale of the slave, by the testator, was, pro tanto, a revocation of... Most Relevant Cases  
Inhabitants of Stockbridge v. Inhabitants of West Stockbridge 14 Mass. 257, Supreme Judicial Court of Massachusetts (September 01, 1817) 1817 A deed more than thirty years old may be given in evidence, without proof of its execution, when found in possession of the party claiming under it, and the possession of the thing conveyed has followed the conveyance. The conveyance of a slave by the deed of an agent, authorized in writing only by the owner, was held sufficient to transfer the... Most Relevant Cases  
Inhabitants of Town of Windsor v. Inhabitants of Town of Hartford 2 Conn. 355, Supreme Court of Errors of Connecticut (November 01, 1817) 1817 THIS was an action of assumpsit, for the support of Fanny Libbet, a pauper, and her two children. Fanny was born in Hartford, in the year 1785, and was the illegitimate daughter of Sarah, a slave of Jonathan Butler, who is, and always has been, an inhabitant of Hartford. When Fanny was about three years old, Jonathan Butler gave her, and with her... Most Relevant Cases  
Irons' Ex'x v. Luckey 1 A.K.Marsh. 74, Court of Appeals of Kentucky (November 27, 1817) 1817 ON AN APPEAL FROM A JUDGMENT OF THE BULLIT CIRCUIT COURT. Before the passage of the act of 1800, (2 Littell, 374), there is no doubt but that slaves were assets in the hands of executors for the purpose of paying the debts of their testator; but, as by that act, slaves are made to pass by the will in the same manner, and under the same regulations,... Most Relevant Cases  
Johnson ads. Packer 1 Nott & McC. 1, Constitutional Court of Appeals of South Carolina (November 01, 1817) 1817 A verdict given in the alternative in trespass, may be a ground for a new trial, but not in arrest of judgment, semble. In trespass vi et armis, the plaintiff is entitled to damages, not only for the injury done in taking away his goods, but the value of the property; and a recovery in this action, is a bar to an action of trover. Where negroes... Most Relevant Cases  
King v. Harper 4 Bibb 570, Court of Appeals of Kentucky (June 09, 1817) 1817 KING preferred his bill, enjoining the judgment of Harper on the following case: Harper became the security of one Allnutt, in the sale of a piece of land, and as an indemnity obtained from him a mortgage on two negroes; and King having thereafter recovered judgment for a considerable sum against Allnutt, not being otherwise able to secure the... Most Relevant Cases  
Laspeyre v. McFarland Taylor 187, Supreme Court of North Carolina (July 01, 1817) 1817 Trover cannot be maintained on the possession of a chattel, where it appears that the legal title is in another, and that the plaintiff has only a trust. Trover for a slave, of which the plaintiff had been in possession for fourteen years. The defendant showed no title in himself, but offered in evidence a marriage settlement entered into by the... Most Relevant Cases  
Lavery v. Woodland 2 Del.Cas. 299, High Court of Errors and Appeals of Delaware (June 18, 1817) 1817 Writ of error to the Justices of the Court of Common Pleas, New Castle County. This was an action of trover for a negro girl, a slave named Harriett, of the price of $300. Pleas, not guilty and Act of Limitation. December 23, 1814, trial and verdict for plaintiff. Damages $125. Errors assigned: 1. That the Court gave it as their opinion that the... Most Relevant Cases  
Massingale v. Tate 5 Tenn. 30, Supreme Court of Errors and Appeals of Tennessee (May 01, 1817) 1817 The son of Massingale died, leaving a will, a widow and two children, he gave negroes to his wife, some to one child and to some to another. He divided his real estate equally amongst his wife and children. He directed his household and kitchen furniture to be kept by the widow, for the support of herself and children; he directed his stills to be... Most Relevant Cases  
Matthews' Ex'r v. Noel 5 Munf. 460, Supreme Court of Appeals of Virginia (March 06, 1817) 1817 1. A Testator directed that, after his debts were paid, all his slaves, &c. be furnished for three years from his estate, to raise certain pecuniary legacies, by working his plantation called Farmer's Hall, which he then specifically devised: in such case, those Legacies were no farther chargeable on the slaves, &c. than on such part thereof as... Most Relevant Cases  
McCutchin v. Price 4 Tenn. 211, Supreme Court of Errors and Appeals of Tennessee (February 01, 1817) 1817 The bill states the bequest of certain negroes by M'Cutchin, deceased, to his wife, who afterwards married Price, for her life; and then said negroes to be liberated. It states that the plaintiffs are the next of kin, together with some of the defendants. That Price intermarried with the widow, and that he has given indications of an intent to sell... Most Relevant Cases  
McIlwinn's Adm'r v. Carraway Taylor 194, Supreme Court of North Carolina (July 01, 1817) 1817 Where a slave in the hands of an administrator de bonis non was taken in execution and sold for a debt due from two of the next of kin and legatees, and was delivered by the officer to the purchaser; it was held that the administrator might sustain an action against the officer; for that the slave was not liable to execution under the act of 1812... Most Relevant Cases  
Merryman v. Merryman 5 Munf. 440, Supreme Court of Appeals of Virginia (March 01, 1817) 1817 1. To effect the manifest intention of a Testator, the word children may be taken as synonymous with issue. In this case, therefore, a devise of Slaves to a married woman, to her and her children forever, was construed as a devise to her and her issue; the Court being of opinion that the word children was... Most Relevant Cases  
Myrick's Heirs v. Boyd 4 Tenn. 179, Supreme Court of Errors and Appeals of Tennessee (January 01, 1817) 1817 James Boyd sold 750 acres of land to Richard Myrick for the sum of $1,000, and executed his bond to convey in fee as soon as the purchase-money should be paid, dated the 28th day of February, 1801. Myrick, at the time of the contract, paid one horse, at the price of $60, delivered to him a negro girl named Judy, eleven or twelve years old, at the... Most Relevant Cases  
Oatfield v. Waring 14 Johns. 188, Supreme Court of New York (January 01, 1817) 1817 A request, in order to support a promise, may be inferred from the beneficial nature of the consideration and the circumstances of the transaction; and it is the province of the jury to determine from the evidence, whether a request can be inferred or not. When two or three tenants in common of a slave manumit him, this is sufficient to entitle him... Most Relevant Cases  
Penning v. Porter 1 Mill Const. 396, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 It is very clear that the owners of slaves, convicted of offences, are not liable for the costs of prosecution, and that, therefore, the defendant had no legal right to demand and receive the four dollars which he did from the plaintiff. The act of 1799, (1 Brevard, 476,) gives to the magistrates, jurisdiction in all matters of contract, (which is... Most Relevant Cases  
Pepoon v. Clarke 1 Mill Const. 137, Constitutional Court of Appeals of South Carolina (May 01, 1817) 1817 In the argument in this case, it has been insisted: 1st. That the plaintiff's ward, being under age during the whole time of her being held in slavery, the damages, (if any,) accrued to the mother and not to her. 2dly. That as the defendant came to the possession of her in virtue of his marriage, and without a knowledge of her right to freedom, he... Most Relevant Cases  
Perry v. Head 1 A.K.Marsh. 46, Court of Appeals of Kentucky (October 18, 1817) 1817 ON AN APPEAL FROM A DECREE OF THE FRANKLIN CIRCUIT COURT. Benjamin Head made his will in the year 1784, by which he devised to his wife all his estate during her life; and after her death, the land, a negro man, a cupboard and case, over to his son Benjamin; and his stock and the residue of his household goods, equally to be divided between his son... Most Relevant Cases  
Shanks v. Kennedy 1 A.K.Marsh. 65, Court of Appeals of Kentucky (November 26, 1817) 1817 The only question in this case is, whether the contract which is the subject of the suit in the court below, is usurious or not? The case, when stript of the coloring attempted to be given to it by the parties, is, in substance, this:-- The appellee being desirous of borrowing $300, on the 7th of October, 1815, applied to the appellant for the loan... Most Relevant Cases  
Skinner v. Fleet 14 Johns. 263, Supreme Court of New York (January 01, 1817) 1817 Where a homine replegiando has been issued, and the party has been claimed as a slave, it is the duty of the sheriff to return that fact, and he is not authorized to set him at liberty; and he should bring the party into Court on the return of the writ, where he is to enter into a recognizance with sufficient sureties to the person claiming him to... Most Relevant Cases  
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