Title | Citation | Year | Summary | Most Relevant | Type | Status |
Smart v. Clift |
4 Bibb 518, Court of Appeals of Kentucky (April 21, 1817) |
1817 |
The legal right to slave gives the owner right to maintain an action to recover the possession, although he may never have been in actual possession. After sale and deed executed for slaves the property is vested in the vendee, without delivery of possession, and an action cannot be maintained in the name of the vendor to the use of the vendee.... |
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Sneed v. Harris |
Taylor 240, Supreme Court of North Carolina (January 01, 1817) |
1817 |
The bequests of the negroes to the wife for life, is a clear definite estate, and the subsequent limitation is engrafted in a separate and distinct sentence, by which the testator devises to his wife an estate in lands. This is the natural and necessary construction, and must prevail, unless controled by some other part of the will. In looking into... |
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South v. Solomon |
6 Munf. 12, Supreme Court of Appeals of Virginia (October 24, 1817) |
1817 |
1. The 2d section of the Act of 1792 concerning slaves, extends only to slaves brought into this commonwealth by the absolute owner of them, and not to such as are bro't in by wrong doers, or by persons having only a limited interest in them. 2. The Court will not give such a construction to the general words of an Act, as would subject the... |
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Spence v. Yellowly |
Taylor 114, Supreme Court of North Carolina (January 01, 1817) |
1817 |
Where the plaintiff claimed a slave under a fraudulent deed from the owner, who left the State, and afterwards the defendant purchased up a small account against him, on which he sued out an attachment and levied it on the slave, who was sold under it, and the defendant became the purchaser; it was held that his title was good, for that he must be... |
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State v. Jernagan |
Taylor 44, Supreme Court of North Carolina (January 01, 1817) |
1817 |
Larceny or seduction of a slave under the act of 1779 (1 Rev. Stat. ch. 34, sec. 10) cannot be committed in a slave, where the owner through his agent, consents to the taking and asportation; though such consent was given for the purpose of apprehending the felons. But where the defendants bring a slave to a particular place, after such assent of... |
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State v. Smith |
1 Nott & McC. 13, Constitutional Court of Appeals of South Carolina (November 01, 1817) |
1817 |
Under the act of 1740, for killing a negro in heat and passion, the payment of one fine is not sufficient; but every one convicted of the offence, is individually liable for the whole penalty. Where a prisoner has been convicted of any offence, he is not legally discharged, till an order is obtained from the Court for that purpose. The presiding... |
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State v. Sparrow |
Taylor 93, Supreme Court of North Carolina (January 01, 1817) |
1817 |
The indictment charges, that the defendants, on a certain day and year, at and in the county of Craven, one male slave named Jack Battle, feloniously and by seduction, did take and convey away; and the reason in arrest of judgment is, that it is not stated with sufficient explicitness, that the seduction and taking and conveying away were in the... |
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Tarlton v. Briscoe |
1 A.K.Marsh. 67, Court of Appeals of Kentucky (November 27, 1817) |
1817 |
This is an appeal from a judgment for the plaintiff, in an action of detinue for a slave. Two question are made by the assignment of error: 1. Whether the circuit court erred in rejecting, as evidence, a copy of a petition and schedule of property, taken from the records of the high court of chancery of the state of Maryland, on the ground that the... |
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Thompson v. Clarke |
2 Cranch C.C. 145, Circuit Court, District of Columbia (December 01, 1817) |
1817 |
This was a petition for freedom [by Jo. Thompson, a negro, against Walter Clarke]. John Thompson by his will dated December 31st, 1804, devised, that if his wife should not have a child within nine months after his death, the petitioner, his slave, should be free after ten years service. The widow renounced the provision made for her by the will... |
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U S v. Bowen |
2 Cranch C.C. 133, Circuit Court, District of Columbia (April 01, 1817) |
1817 |
Indictment, at common law [against Henry Bowen, a negro], for stealing a banknote. Verdict, guilty. |
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Walls v. Hemsley |
4 H. & J. 243, Court of Appeals of Maryland (June 01, 1817) |
1817 |
The reputation of the neighbourhood, that the mother of a petitioner for freedom was a free woman, is not admissible in evidence. The declarations of a person since dead, but then holding the mother of a petitioner for freedom in slavery that she was a slave, are not admissible in evidence APPEAL from Queen Anne's County Court. This was a petition... |
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Wilson v. Belinda |
Supreme Court of Pennsylvania (January 01, 1817) |
1817 |
The question in this case is whether the negro woman, Belinda, was duly registered as a slave under the act of 1st March 1780. 1. The first exception is that the registry does not distinguish whether Belinda was a slave for life or a servant for 31 years. The object of this act of assembly was to produce a gradual abolition of slavery; but the... |
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Young v. Forgey |
5 Tenn. 10, Supreme Court of Errors and Appeals of Tennessee (May 01, 1817) |
1817 |
On the 9th of February, 1805, Forgey, at the instance of Henderson, purchased at execution sale a negro man, whom the sheriff sold to satisfy a debt due from Henderson, advancing for him, with a sum before advanced, to the amount of $284. Articles were drawn purporting that the money might be repaid in April, May, or June next following, and that... |
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Abraham v. Matthews |
6 Munf. 159, Supreme Court of Appeals of Virginia (February 27, 1818) |
1818 |
1. In the case of slaves brought into this State, from any of the United States, before the Act of 1792, the fact of the master's having taken the oath required by law, within ten days after removal, should be presumed from twenty years possession of them, as slaves, without their claiming freedom; so that, in such case, the onus probandi in the... |
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Armstrong v. Simonton's Adm'r |
2 Mur. 351, Supreme Court of North Carolina (July 01, 1818) |
1818 |
In detinue, the husband and wife must join for the slave which belonged to the wife before coverture, when the person in possession holds adversely. But when the person has possession under a bailment from the wife made while sole, he is a trustee for the husband, and his possession is that of the husband, who may bring suit in his own name.... |
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Arthur v. Wells |
2 Mill Const. 314, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
It was contended, that the declarations of the defendant must be believed; and that, having declared he meant to shoot the negro in his legs, he had shown that it was not his intention to kill. The rule in such cases is, that the whole of the declarations or confessions of a person shall be received that is given in evidence: but nothing would be... |
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Banks v. Hatton |
1 Nott & McC. 221, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
In trover the measure of damages is the value of the property, and interest thereon. If brought for conversion of negroes, their value and the value of their labour. Declarations made by a father, when he sent negroes to a child, are admissible to ascertain whether a gift or loan was intended, though made in the absence of the child. |
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Bell ads. Graham |
1 Nott & McC. 278, Constitutional Court of Appeals of South Carolina (November 01, 1818) |
1818 |
Disturbing a Religious Assembly, during worship, is indictable. Under the Act of 1740, the Patrol have no authority to correct slaves, if in company with a white person. To authorize the Patrol to disperse assemblies and congregations of slaves, (according to the act of 1800) the place of meeting must be private or confined, or the meeting itself... |
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Benson v. Anderson |
4 H. & J. 315, Court of Appeals of Maryland (June 01, 1818) |
1818 |
In trespass for entering the close of P, and carrying away negroes, & c. the evidence was, that D took the property, alleging that he took it as a distress for a certain sum for rent due to him from P, and he stated to P the amount of the rent alleged to be due to him; that he was going to take the negroes as a distress for the said rent,--the... |
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Benson v. Littlefield |
2 Mill Const. 180, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
It is extremely difficult to find out upon what principle the jury found their verdict for defendant in this case. The negro, it is true, was old; but the price paid corresponded with his years, 200 dollars only. The defendant knew him well, he had lived with him a considerable time before he purchased him, and the complaint he was subject to must... |
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Bias v. Rose |
2 Cranch C.C. 159, Circuit Court, District of Columbia (December 01, 1818) |
1818 |
This was a petition for freedom, submitted to the court by Mr. Key, for [the negro Samuel Bias] the petitioner, and Mr. Jones, for [John Rose] the defendant, upon a case in which it was stated that the petitioner was brought into this county from Maryland, by one Richards, his owner, and within three years thereafter was mortgaged by Richards to W.... |
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Blakey v. Newby's Adm'rs |
6 Munf. 64, Supreme Court of Appeals of Virginia (January 27, 1818) |
1818 |
The Court is of opinion, that, altho' Oswald Newby's possession of the slaves in controversy, for more than five years after the death of Elizabeth Chowning, was competent to give him a title thereto, (as was decided in the cause, the proceedings in which are an exhibit,) it does not affect the rights of persons coming within the exceptions of the... |
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Bolling v. Robertson |
6 Munf. 220, Supreme Court of Appeals of Virginia (November 20, 1818) |
1818 |
1. A testator devised to his wife during her natural life, all his lands in one county, with the use of his negroes, stocks &c. thereon; and desired that all his negroes and stocks in two other Counties, be, the December after his decease, equally divided between his wife and only son, to be kept together and worked on his lands in those Counties,... |
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Boothe v. Boothe |
1 A.K.Marsh. 355, Court of Appeals of Kentucky (November 24, 1818) |
1818 |
ON AN APPEAL FROM A JUDGMENT OF THE BOURBON CIRCUIT COURT. This action was brought in the court below to recover damages for the failure of the appellant to make to the appellee, according to his covenant, a good and lawful title of his right to a negro woman Ama, and one-half of her children. The main question presented for the decision of this... |
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Bowen v. McCollough |
Taylor 261, Supreme Court of North Carolina (January 01, 1818) |
1818 |
The United States recovered a judgment against T. Bowen, on which a fi. fa. issued, was levied on certain slaves and returned. Bowen then made his will, and thereby devised the premises in dispute to the lessor of the plaintiff, and died. After his death, several writs of venditioni exponas were issued to compel a sale of the slaves before levied... |
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Bridges v. Tunnel |
2 Del.Cas. 451, High Court of Errors and Appeals of Delaware (June 17, 1818) |
1818 |
Appeal from the Justices of the Court of Common Pleas on a petition for freedom. . . . |
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Brown v. Wickliffe |
1 A.K.Marsh. 337, Court of Appeals of Kentucky (October 15, 1818) |
1818 |
This was a suit in chancery, brought by the appellants, to recover from the representatives of George Mansell, deceased, a legacy bequeathed to Mrs. Brown by Samuel Mansell, her father, and also from Robert Wickliffe, one of the appellees, certain slaves, which the appellants claim under the will of Susanna Welsh, the mother of Mrs. Brown. In the... |
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Campbell v. Staiert |
2 Mur. 389, Supreme Court of North Carolina (July 01, 1818) |
1818 |
When a slave cuts timber on land not belonging to his master, the master is liable in trespass, if the act were done by his command or assent; but if it be the voluntary and wilful act of the slave, the master is not liable. Trespass against Defendant for cutting timber on Plaintiff's lands. The evidence was that a slave, the property of Defendant,... |
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Cartwright v. Trumbo |
1 A.K.Marsh. 359, Court of Appeals of Kentucky (November 25, 1818) |
1818 |
ON AN APPEAL FROM A JUDGMENT OF THE BOURBON CIRCUIT COURT. This was an action of trespass, vi et armis, for entering the plaintiff's close and taking and carrying away a negro girl, the alleged property of the plaintiff, and detaining her for the space of ten days. The case was referred to arbitrators, who returned as their award, that the right to... |
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Clay v. Woods |
1 A.K.Marsh. 152, Court of Appeals of Kentucky (April 07, 1818) |
1818 |
This court is of opinion that although the appellees are proven not to reside upon the land in contest, yet as it is shewn to be in the occupancy of their slaves, acting under the superintendence of an overseer employed by the appellees for that purpose, they must be considered as the tenants of the land, and that service of the declaration and... |
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Commonwealth v. Hambright |
Supreme Court of Pennsylvania (January 01, 1818) |
1818 |
A negro mulatto servant, who binds himself in another state, to serve his master until the age of 28 years in consideration of manumission, and is brought into Pennsylvania to reside, cannot be removed out of the state without his consent; although the indenture contain a covenant to serve his master in Pennsylvania or any other state; such a... |
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Contee v. Garner |
2 Cranch C.C. 162, Circuit Court, District of Columbia (December 01, 1818) |
1818 |
The defendant pleaded, that at the time of signing the bond he was a slave, and so non est factum, and concluded to the country. Special demurrer, because he did not conclude with a verification. |
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Cummings v. McGill |
2 Mur. 357, Supreme Court of North Carolina (July 01, 1818) |
1818 |
Replevin will only lie in the case of an actual taking out, of the possession of the party sueing out the writ. A delivery by a Sheriff to the purchaser of a slave at an execution sale, of a bill of sale for the slave, there being no adverse possession in another, is a delivery of the slave. If one at a Sheriff's sale bid for the property, and... |
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Davenport v. Tarlton |
1 A.K.Marsh. 243, Court of Appeals of Kentucky (June 12, 1818) |
1818 |
This is a branch of the cause determined spring term, 1817, between the same parties, in which the appellants recovered from Tarlton, certain slaves that had been previously purchased by him under an execution against their ancestor. The court conceiving, from the testimony in that case, that Tarlton held the slaves subject to the redemption of the... |
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De Fontaine v. De Fontaine |
5 H. & J. 99, Court of Appeals of Maryland (June 01, 1818) |
1818 |
(a). The case of DE FONTAINE et al. vs. DE FONTAINE, by BONARD his Guardian, in this court at June term 1818, and referred to in the preceding case, was an Appeal from the court of oyer and terminer, &c. for Baltimore county. It was a petition for freedom preferred by the appellants, and the case was submitted to the court below upon this statement... |
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Eastin v. Bell |
1 A.K.Marsh. 341, Court of Appeals of Kentucky (October 15, 1818) |
1818 |
The appellees having, in an action of detinue, obtained a verdict for the slaves in contest, the appellant applied to the court for a new trial, and moved the court to continue his application until the next term; but the court refused the continuance, and overruled the application for a new trial; and after exceptions were taken to the opinion of... |
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Embry v. Millar |
1 A.K.Marsh. 300, Court of Appeals of Kentucky (October 08, 1818) |
1818 |
ON AN APPEAL FROM A JUDGMENT OF THE MADISON CIRCUIT COURT. This is an appeal from a judgment rendered against Embry, in an action of detinue brought by him to recover from Miller several slaves. Embry asserted his right to the slaves through Randolph Sims, and for the purpose of showing Sims' title, offered to prove, by parol evidence, the contests... |
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Fishwick's Adm'r v. Sewell |
4 H. & J. 393, Court of Appeals of Maryland (June 01, 1818) |
1818 |
In an action of trover, brought by an administrator for the conversion of certain negro slaves, the declaration stated that J F, the intestate, died possessed of a negro woman named Dinah, in 1765; that Dinah and her issue came to the possession of the defendant, and that administration was granted to the plaintiff on the estate of J F in 1812. The... |
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Flood ads. Howser |
1 Nott & McC. 321, Constitutional Court of Appeals of South Carolina (November 01, 1818) |
1818 |
A. by his last will and testament, bequeathed various personal property to his daughter B. to be delivered to her on the day of her coming of age, or her marriage; and by a subsequent clause, limited a remainder to his three sisters, if B. should die before age or marriage; by a Codicil, made soon after, A. bequeathed a negro woman to B. and... |
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Foster v. Smoot |
1 A.K.Marsh. 394, Court of Appeals of Kentucky (December 02, 1818) |
1818 |
This was an action of detinue for sundry slaves. The declaration alleges that the plaintiff in the superior court holden for the county of Fauquier, state of Virginia, on the 12th day of October, 1809, commenced an action of detinue against the said defendant, for a negro woman named Cate, a boy named Sampson, and a girl named Rachel, the proper... |
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Galt v. Carter |
6 Munf. 245, Supreme Court of Appeals of Virginia (December 02, 1818) |
1818 |
1. In a devise of a plantation and the slaves upon it, to trustees for the support of the son of the testator, and of the wife and children of that son, by means of the profits thereof; quære whether the testator's omitting to insert the names of the slaves, or to describe them in any other manner than as the slaves on the said tract of land,... |
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Givens v. Manns |
6 Munf. 191, Supreme Court of Appeals of Virginia (October 23, 1818) |
1818 |
1. A person, who has had possession of slaves more than five years, before the date of a deed of emancipation from another who previously was their owner, has a right, in opposition to their suit for freedom, to prove by the acknowledgment of such owner, made before execution of the deed, or by any other legal evidence, that such possession of his... |
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Gregg v. Thompson |
2 Mill Const. 331, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
By the act of 1740 negroes are declared to be absolute slaves, and considered in the light of chattels personal in the hands of their owners or possessors, and the 34th section declares, that it shall not be lawful for any slave to buy, (that is, for his peculiar benefit,) sell, trade, traffic, deal, or barter, for any goods or commodities,... |
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Grimes v. Talbot |
1 A.K.Marsh. 205, Court of Appeals of Kentucky (April 23, 1818) |
1818 |
This was an action of detinue for a negro boy, in which there was a verdict and judgment for the plaintiff. Several objections were taken to the evidence, and various points moved, for the instruction of the court. To the evidence it was objected, 1st; because it was parol, when from the proof, it appeared that a bill of sale had been executed, but... |
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Hobson v. Humphries |
2 Mill Const. 371, Constitutional Court of Appeals of South Carolina (May 01, 1818) |
1818 |
With respect to the first point, it appears that the plaintiff, knowing where a certain family of negroes was, proposed to show them to the defendant, upon his paying him 100 dollars; and that in offering this contract to the consideration of the defendant, he endeavored, in the first instance, to mislead the defendant, assuring him that the... |
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In re Susan |
2 Wheeler C.C. 594, Circuit Court, D Indiana (November 03, 1818) |
1818 |
Motion to dismiss a warrant for the arrest and removal of a fugitive slave. |
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Knox v. Black |
1 A.K.Marsh. 298, Court of Appeals of Kentucky (October 08, 1818) |
1818 |
This was a suit in chancery to redeem a negro woman and child, upon the following case:--On the 11th of October, 1813, Knox applied to Black for a loan of $300, and obtained the money upon executing a bill of sale for a negro girl, taking from Black, at the same time, a writing obliging him to deliver the said girl to Knox upon his paying the sum... |
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Love v. Boyd |
2 Cranch C.C. 156, Circuit Court, District of Columbia (November 01, 1818) |
1818 |
This was an action upon the case [by Richard H. Love] against [Washington Boyd] the marshal of the District of Columbia, for negligently suffering the plaintiff's female slave Jane to escape from his custody to which the slave, who had sued for her freedom, had been committed for safe keeping by order of this court, the owner having failed to give... |
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Mason v. Baker |
1 A.K.Marsh. 208, Court of Appeals of Kentucky (April 23, 1818) |
1818 |
This was a bill filed by the appellant, to recover the possession of sundry slaves from the appellees, and to restrain them, in the mean time, from removing the slaves beyond the jurisdiction of the court. The appellants assert their right to the slaves in question, as the heirs of William Hamlet, under and by virtue of a bill of sale executed to... |
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Mercer v. Com. |
2 Va.Cas. 144, General Court of Virginia (November 01, 1818) |
1818 |
The sale of a free negro, by his own consent, as a slave, under a collusive contract between the seller and the person sold, (the free negro,) that they would divide the proceeds of the sale between them, is not such a sale of a free negro for a slave, as is made felony by the Statute of 1787. [1 Rev. Code of 1792, ch. 103, § 28; 1 Rev. Code... |
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