AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Central R. Co. Of New Jersey V. Green 5 W.N.C. 297, Supreme Court of Pennsylvania (March 15, 1878) 1. G. and his wife, who were colored people, brought an action against a railroad company for the exclusion of the wife from a railway car. The evidence of her exclusion was denied by the witnesses for the company, and it was attempted to be shown that G., who was in company with his wife, was smoking, and that the exclusion was for that reason.... 1878 Cases Yes  
  Davenport V. Caldwell 10 S.C. 317, Supreme Court of South Carolina (November 27, 1878) Where two slaves, persons of color, went through the form of marriage, lived together as husband and wife for a number of years, and died leaving issue before the general emancipation took place: Held, That, under the statutes passed under and since the Constitution of 1868 was adopted, said persons were to be considered in law as husband and... 1878 Cases Yes  
  Douglas V. U.s. 14 Ct.Cl. 1, United States Court of Claims (December 01, 1878) In 1857, infants of tender years inherit certain slaves. Their guardian enters into a copartnership with one McHatton to grow cotton. One Dodds is the common agent of both parties, having charge of the plantation. After the breaking out of the war McHatton and Dodd continue to grow cotton on the plantation in Mississippi, the claimants residing in... 1878 Cases Yes  
  Fluker's Adm'r V. U.s. 14 Ct.Cl. 252, United States Court of Claims (December 01, 1878) The claimant's cotton is captured near Port Hudson, mingled with other cotton, and used in the fortifications. A portion of the mass is recovered, and the proceeds are expended by order of the commanding general in organizing and equipping colored troops and for the relief of freedmen and the support of their schools. These expenditures are allowed... 1878 Cases Yes  
  Garrison V. Garrison Court of Appeals of Kentucky (September 26, 1878) Matthew Garrison died in the city of Louisville in 1863, after having made his last will and testament, which was admitted to probate shortly after his death in the Jefferson County Court. By his last will he devised and bequeathed to Charity and Sarah Ann, two of his slaves, and the four children of Sarah Ann not only their freedom but all his... 1878 Cases Yes  
  Hill V. Watson 10 S.C. 268, Supreme Court of South Carolina (November 20, 1878) Under the Act of 1869, re-enacted in Revised Statutes, page 497, authorizing erroneous judgments to be vacated on motion, a judgment cannot be vacated or set aside for error of law in the judgment itself, but only for error of fact, to be shown by satisfactory proof. A judgment rendered in 1869 upon a contract for the purchase money of slaves,... 1878 Cases Yes  
  Jones V. Massey 9 S.C. 376, Supreme Court of South Carolina (March 21, 1878) Where a will made a specific allotment of slaves, by name, to legatees, to be laid off. allotted and vested on the division and partition of my estate, which division and partition the will directed, it was held that until such division and partition was made the slaves did not vest in the legatees but remained part of the estate. Where a will... 1878 Cases Yes  
  Kinney V. Commonwealth 30 Gratt. 858, Supreme Court of Appeals of Virginia (October 03, 1878) K, a negro man, and M, a white woman, both domiciled in the county of Augusta, Virginia, left Virginia and went to Washington, D. C., and were married there according to the regular forms for celebrating marriages, and after remaining absent from Virginia about ten days, returned to their home in Augusta county, Virginia, where they have since... 1878 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  March V. Huyter 50 Tex. 243, Supreme Court of Texas (January 01, 1878) The material issues and facts in this case are substantially these: Bird Linthecum and his wife Susan, being the owners of certain personal property, slaves, and lands, on September 28, 1860, made a joint will, to the effect that the survivor was to keep and remain in possession of the property during lifetime, with power to sell the land and other... 1878 Cases Yes  
  Oldham V. Mciver 49 Tex. 556, Supreme Court of Texas (January 01, 1878) The question as to whether Phillis Oldham, under the facts found by the jury in this case, was the wife of William Oldham at the time of his death, so as to be entitled to a homestead and other property exempt from administration, has been decided by this court adversely to such a claim. She being one-half African blood, and he being white, they... 1878 Cases Yes  
  Frasher V. State 3 Tex.App. 263, Court of Appeals of Texas (January 01, 1877) The indictment in this case charges that on March 18, A. D. 1875, in the county of Gregg and state aforesaid, one Charles Frasher, late of the said county, being then and there a white man, did then and there unlawfully, knowingly, and feloniously marry a negro, contrary to the form of the statute in such cases made and provided, and against the... 1877 Cases Yes  
  George V. Pilcher 28 Gratt. 299, Supreme Court of Appeals of Virginia (March 29, 1877) William O. George, a citizen of Virginia and resident of the city of Richmond, died in said city intestate on the 16th day of August, 1869. At the time of his death, he was possessed of some personal estate, and was the owner of real estate supposed to be worth from sixty to seventy-five thousand dollars. Caroline Jackson, a negro and former slave... 1877 Cases Yes  
  Graham V. Graham 10 W.Va. 355, Supreme Court of Appeals of West Virginia (May 01, 1877) 1. J. G. by his last will and testament made in 1812, bequeathed to his daughter R., then the wife of G., a female slave named Dinah. Afterwards in the year 1813, said J. G. died, and his said will was in the same year duly proven and admitted to record in the county of Monroe. Before the death of said J. G., the said R. had children by her said... 1877 Cases Yes  
  Green V. State 58 Ala. 190, Supreme Court of Alabama (December 01, 1877) Indictment of White Person and Negro for Intermarrying. APPEAL from Circuit Court of Butler. Tried before Hon. JOHN K. HENRY. 1877 Cases Yes  
  Lester V. State 2 Tex.App. 432, Court of Appeals of Texas (January 01, 1877) At the November term, 1876, of the district court of Milam county, the appellant in this case, who is a white man, was tried for the murder of one Woods McLellan, a negro, charged in the indictment to have been committed by him in Milam county, on September 16, 1876. The trial resulted in his conviction for murder in the first degree, the... 1877 Cases Yes This is no longer good law for at least one of the points of law it contains.
  Mcpherson V. Commonwealth 28 Gratt. 939, Supreme Court of Appeals of Virginia (May 01, 1877) 1. A marriage between a white man and a woman who is of less than one fourth of negro blood, however small this lesser quantity may be, is legal. 2. A woman whose father was white and whose mother's father was white, and whose great-grandmother was of brown complexion, is not a negro in the sense of the statute. These cases were separate... 1877 Cases Yes  
  Simmerman V. Songer 29 Gratt. 9, Supreme Court of Appeals of Virginia (September 13, 1877) Absent, Moncure, P., and Anderson, J. 1. The emancipation of slaves by will which did not provide for or direct their removal from the state, was valid. 2. Testator gives by his will to his widow four slaves by name during her life; and he emancipates them at her death, and gives to each of them by name a legacy. The widow lives until 1875. Though... 1877 Cases Yes  
  Cully V. Baltimore & O. R. Co. 1 Hughes 536, District Court, D. Maryland (November 01, 1876) This case [brought by Harriet E. Cully] was one of eighteen suits brought against the company in which each of the plaintiffs sought to recover the penalty of $500 imposed by the supplemental civil rights act of 1875, on the ground that the company had discriminated against them on account of their color by refusing them admission to a car with... 1876 Cases Yes  
  Grier V. Wallace 7 S.C. 182, Supreme Court of South Carolina (April 27, 1876) A purchaser of slaves, in 1846, paid part cash and gave his promissory note for the balance of the purchase money. He sold some of the slaves, and in 1858 took up the promissory note and gave his sealed note, with a surety, for the amount then dne: Held, In an action against the surety, that he could not set up as a defense thereto that the slaves... 1876 Cases Yes  
  Jacks V. Adair 31 Ark. 616, Supreme Court of Arkansas (November 01, 1876) This was a suit in equity by Mary Ellen Adair, and Martha Griffin, as administratrix of Benjamin F. Griffin, against Eli T. Diamond, Thomas M. Jacks and James Adair. The complaint, in substance, alleged that Dennis Griffin, a resident of Phillips County, died in 1848, leaving a will by which he emancipated his negro woman Nancy and her four... 1876 Cases Yes  
  Lake V. Hardee 57 Ga. 459, Supreme Court of Georgia (July 01, 1876) Thomas Hardee died in South Carolina possesed of an estate of lands and negro slaves, about the year 1857. Lake, who married one of his daughters, qualified as executor. The complainants were children of W. W. Hardee, son of the testator, and grand-children of the testator. W. W. Hardee died before his father. The estate was divided among the... 1876 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Mccormick V. Kirby 63 Mo. 149, Supreme Court of Missouri (October 01, 1876) This is a suit by certain legatees of Richard Johnson, who claim to be, under the will, entitled to a remainder in personal estate after the determination of a life estate in the defendant Kirby. The plaintiffs assert that Johnson, by his will, bequeathed two negro slaves to Mrs. Kirby, his daughter, for life, with remainder to the heirs of her... 1876 Cases Yes  
  Powell V. Allen 75 N.C. 450, Supreme Court of North Carolina (June 01, 1876) When two or more acquire land by purchase, as distinguished from descent, and the four unities exist, to wit, time, title, estate and possession, they take as joint tenants unless there be an express provision that they shall take as tenants in common, and not as joint tenants. In devises, the rule has been further released by allowing such... 1876 Cases Yes  
  Rose V. Izard 7 S.C. 442, Supreme Court of South Carolina (April 05, 1876) In 1856 A, B and C purchased a rice plantation, with all the slaves, stock, implements and other personalty belonging thereto, each paying one-third of the purchase money. The title was taken in the name of A for the use of himself, B and C, and their heirs; and they then made an agreement for the cultivation of the plantation for their common... 1876 Cases Yes  
  Booker V. Kirkpatrick 26 Gratt. 145, Supreme Court of Appeals of Virginia (April 15, 1875) B and H were partners carrying on business in the state of Missouri, H living there and attending to the business, and B living in Virginia. In March 1861 they hired of K, several slaves to work in their factory, from that time to the end of the year, and they executed their three notes to K for the amount of the hires; and the slaves continued to... 1875 Cases Yes  
  Jones V. Killebrew 55 Ga. 153, Supreme Court of Georgia (July 01, 1875) At the December term, 1868, of Clay superior court, in the case of Amanda Killebrew, plaintiff in judgment, vs. Amanda Jones, executrix, defendant, the following judgment was rendered: By the agreement of counsel that the consideration in the above stated case was negro property, ordered that the judgment in the above stated case be set aside, and... 1875 Cases Yes  
  Nelson V. Beck 54 Ala. 329, Supreme Court of Alabama (December 01, 1875) Trover for Conversion of Slaves. APPEAL from Circut Court of Dallas. Tried before Hon. M. J. SAFFOLD. 1875 Cases Yes  
  Pait V. Mccutchen 43 Tex. 291, Supreme Court of Texas (January 01, 1875) The opinion in 1239, McCrimmin v. Cooper, applies in the main to this case; but the question of jurisdiction in the District and Supreme Courts of McCutchen, the appellee, as well as the law which fixes the loss of the slave, Mary, are matters which must be noticed in this opinion. That McCutchen was an intermeddler in the original suit between... 1875 Cases Yes  
  Whitesides V. Allen 11 Bush 23, Court of Appeals of Kentucky (March 10, 1875) The question made in this case arises upon the construction given by the court below to the second section of the act of February 14th, 1866, entitled An act in relation to the marriage of negroes and mulattoes. This act provides the manner in which negroes who had prior thereto lived and cohabited together, and were at the time... 1875 Cases Yes  
  Bibb V. Smith 59 Tenn. 728, Supreme Court of Tennessee (December 01, 1874) This bill is to set up title to a tract of land by way of resulting trust. Temperance K. Bibb had an interest in the estate of her deceased father, which was to come to her after the death of her mother; and her uncle, John Knight, bought a negro slave, sold by the heirs for distribution, and agreed, out of the price, to pay to Temperance K. Bibb... 1874 Cases Yes  
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