AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Deberry V. Hurt 66 Tenn. 390, Supreme Court of Tennessee (April 01, 1874) Complainant appeals from the decree of the Chancery Court at Jackson dismissing his bill. The bill was filed in April, 1870, by the administrator of Donelson DeBerry, deceased, formerly the slave of Allen DeBerry, deceased, and emancipated by his will in 1847. The provisions of the will as to Donelson are: I give and bequeath to Absolom DeBerry,... 1874 Cases Yes  
  Dowdy V. Mclellan 52 Ga. 408, Supreme Court of Georgia (July 01, 1874) (TRIPPE, Judge, was providentially prevented from presiding in this case.) 1. That a note was given for slaves who were made free by the results of the late war, is no defense to a suit thereon. 2. Where a verdict is contrary to a correct charge of the court, a new trial should be granted on the ground that it is contrary to law. Promissory notes.... 1874 Cases Yes  
  Embry V. Morrison 63 Tenn. 186, Supreme Court of Tennessee (December 01, 1874) The complainant charges that on November 23, 1864, the defendant Morrison sold and conveyed to him a small house and lot in Nashville, at the price of $2,800, $1,000 of which he paid in hand, and notes given for the remainder, upon which he has made subsequent payments. He charges that at the time he was a slave, and wholly ignorant of business... 1874 Cases Yes  
  Estill V. Deckerd 63 Tenn. 497, Supreme Court of Tennessee (December 01, 1874) Wallis Estill, Sr., died in the year 1835, in Franklin County, Tennessee, where he had resided. He made a will. He had a large estate, real and personal, which he devised and bequeathed to his widow and children and others, except certain slaves, in regard to whom he made certain provisions in his will. By the third clause of his will, it is... 1874 Cases Yes  
  Garrett V. Brooks 41 Tex. 479, Supreme Court of Texas (January 01, 1874) The plaintiff in error brought suit on a note for $400, executed about the 5th of July, 1865, but dated as of April 1, 1865. The defendant denied all indebtedness; alleged that the consideration of the note was the transfer to him by plaintiff of a negro man named Miles, as a slave for life; that the true date of the note and of the sale was not... 1874 Cases Yes  
  Hambrick V. Crawford 53 Ga. 352, Supreme Court of Georgia (July 01, 1874) The decision in Kelly vs. Brooks et al., 50 Georgia, 582, controls this case. The judgment which has been vacated by an order of the court on the ground that the consideration of the debt was a slave, was not dormant when this motion to rescind that order was made, and should have been granted: See Tyson vs. McAfee, 50 Georgia, 279, and Prescott... 1874 Cases Yes  
  Newman V. Proctor 10 Bush 318, Court of Appeals of Kentucky (October 16, 1874) In 1858 Snead and wife conveyed a lot of ground in Danville to James Garrett, John C. McKay, Leroy Green, David Langford, and Robert Gray in consideration of the sum of three hundred and twenty-five dollars, to be by them held in trust for the use and benefit of the colored members of the Methodist Episcopal Church South, according to the rules... 1874 Cases Yes  
  Short V. Abernathy 42 Tex. 94, Supreme Court of Texas (January 01, 1874) The grounds of defense in this case arise out of a contract for the hire of a negro man slave for the year 1862. As shown by the pleadings and evidence, this man was hired by K. Heath, acting as agent for the payee in the notes, now Mrs. Abernathy, one of the plaintiffs, to appellant, Short, who, with T. J. Akin and W. J. Flinn, executed the notes... 1874 Cases Yes  
  State V. Mcadden 71 N.C. 207, Supreme Court of North Carolina (June 01, 1874) There were two of the defendants, and so far as appears, the prosecutor was alone. The force was therefore overpowering, supposing there was nothing to render it so but numbers; but it is stated that the prosecutor was a colored man, and as it is not stated that the defendants are colored, we assume that they are white, and we know that the feeling... 1874 Cases Yes  
  Texas V. Gaines 2 Woods 342, Circuit Court, W.D. Texas (June 01, 1874) This was an indictment for bigamy in the district court of La Fayette county. The defendant, a colored person of African descent, applied for a removal of the case into the district court of the United States, under the civil rights act of April 9, 1866 (14 Stat. 27; Rev. St. § 641), on the ground, that by reason of his race and color, and his... 1874 Cases Yes  
  Brittle V. People 2 Neb. 198, Supreme Court of Nebraska (January 01, 1873) On the trial of this cause in the Court below, Howard Crossley, a colored man, was allowed to sit as one of the jury that returned a verdict of guilty against the plaintiff in error. Exception was taken to the holding of the Court permitting him to sit. This exception presents the principal question for our decision. Prior to the admission of... 1873 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Coger V. Northwestern Union Packet Co 37 Iowa 145, Supreme Court of Iowa (September 19, 1873) I. The plaintiff, being in the city of Keokuk, went upon the steamer S. S. Merrill, one of defendant's line of packets navigating the Mississippi river, for the purpose of conveying freight and passengers, to be transported to her home at the city of Quincy, in the State of Illinois. She is a quadroon, being partly of African descent, and was... 1873 Cases Yes  
  Dowell V. Russell 39 Tex. 400, Supreme Court of Texas (January 01, 1873) Without discussing the precise time when emanipation took effect, held, that on the fifteenth day of June, 1865, African slavery had been abolished in the United States. APPEAL from Dallas. Tried below before the Hon. John J. Good. At the fall term, 1866, suit was brought by Russell, the holder, against Dowell, the maker, and Robinson, indorser of... 1873 Cases Yes  
  Featherston V. Thompson 10 Bush 140, Court of Appeals of Kentucky (February 27, 1873) The county court was bound to levy a tax and provide means to pay allowances made for the support of negro paupers for the years 1868, 1869, and 1870. See opinion for construction of the various acts in reference to negro paupers. APPEAL FROM FRANKLIN CIRCUIT COURT. For the accommodation of the poor and helpless of the respective counties of this... 1873 Cases Yes  
  Gaines V. State 39 Tex. 606, Supreme Court of Texas (January 01, 1873) Under the civil rights bill a citizen of African descent defendant has the right to remove his case for final trial to the federal courts, upon showing that there exists in the county where he is indicted, and in the state, such a prejudice against his race, and especially and particularly against himself, that he cannot have justice done him.... 1873 Cases Yes  
  Guthrie V. Brown 57 Tenn. 380, Supreme Court of Tennessee (April 01, 1873) This bill is filed by complainants, claiming to have paid some $1,200 as sureties for Joseph H. Brown, as sheriff of Perry county, charging that Brown had absconded, and was then a resident of Texas, that a negro girl belonging to him was in possession of defendant McDonald; asking an attachment against said negro and other property of Brown. The... 1873 Cases Yes  
  Hale V. Clarkson 23 Gratt. 42, Supreme Court of Appeals of Virginia (January 29, 1873) The whole subject matter of the controversy between the parties having perished, or been extinguished by the result of the late civil war, (the title to certain slaves being the sole question adjudicated by the court below,) it is not necessary that this court should pass upon the merits of the cause. The question now presented, only involves the... 1873 Cases Yes  
  Hall V. U.s. 9 Ct.Cl. 170, United States Court of Claims (December 01, 1873) Hall's mother is a free woman, of African descent, residing in Alexandria, Va., at the time of his birth. He is taken as a slave, from a slave-market in Washington, to New Orleans, and there sold to Roach. He remains on R.'s plantation, treated as a slave, until the rebellion. During the rebellion and before the Proclamation of Emancipation, R.... 1873 Cases Yes  
  Hill V. Fairfax 38 Tex. 220, Supreme Court of Texas (January 01, 1873) The 27th section of article 12 of the constitution of 1869 confers on those negroes who had lived together, while in slavery, upon the terms and under the conditions described in that section, marital rights and legitimates their offspring. APPEAL from Harris. Tried below before the Hon. James Masterson. The appellee obtained a verdict in the court... 1873 Cases Yes  
  Honey V. Clark 37 Tex. 686, Supreme Court of Texas (January 01, 1873) 1. From 1828 until the Texan Declaration of Independence, it seems there was no law in Texas prohibiting marriage between whites and negroes. 2. This court is unable to perceive why the same facts which would authorize a jury to presume a marriage at common law should not also warrant the presumption of a marriage under the laws in force in Texas... 1873 Cases Yes This is no longer good law for at least one of the points of law it contains.
  Horn V. Lockhart 84 U.S. 570, Supreme Court of the United States (October 01, 1873) APPEAL from the Circuit Court for the Southern District of Alabama; the case being thus: In March, 1858, one John Horn, of Marengo County, Alabama, died leaving a considerable estate, including a homestead plantation of 720 acres, a smaller tract of 208 acres, with other pieces of land, sevently-eight negro slaves, and other personalty; and leaving... 1873 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Kirkpatrick V. Atkinson 4 S.C. 126, Supreme Court of South Carolina (March 14, 1873) A decree on appeal affirming the Circuit decree settles the law of the case to that time, and, as between the parties, is conclusive, in all subsequent proceedings in the same case, on all points adjudged by the Circuit decree. Under a decree setting aside, for fraud, misrepresentation and undue influence, deeds of real estate and slaves in which... 1873 Cases Yes  
  Mchaney V. Mcneilly 57 Tenn. 535, Supreme Court of Tennessee (April 01, 1873) The executor is liale to F for the sum invested in the negroes, one-half to be paid now, the other on the death of N, but he has no right of recovery over against N or her second husband. Appeal in error from a decree of the Chancery Court, October Term, 1869. HON. J. W. DOHERTY, J. The complainant is the child and legatee of John H. McHaney, who... 1873 Cases Yes  
  Morgan V. Darragh 39 Tex. 171, Supreme Court of Texas (January 01, 1873) This was a suit by Morgan against Darragh, brought in the district court of Galveston county in 1857, to recover a negro woman. Morgan claimed to have purchased the woman at the auction sale of one E. L. Ufford. The woman appears to have been sold as the property of John L. Darragh, who brought her to the auction store of Ufford and gave him... 1873 Cases Yes  
  Neely V. Merritt 9 Bush 346, Court of Appeals of Kentucky (March 08, 1873) Thomas Neely, a citizen of Logan County, Ky., died in 1854, leaving as his last will and testament the following paper: I, Thomas Neely, of the county of Logan and state of Kentucky, do make, publish, and declare the following to be my last will and testament, viz.: Item I.--It is my will and desire that my male slaves--to wit, Richard, born... 1873 Cases Yes  
  Ott V. Smith 62 Tenn. 135, Supreme Court of Tennessee (December 01, 1873) This is a controversy between R. P. Smith and wife, and John Buchanan and wife, together with two others on the other side, all the parties being legatees of James McGill, deceased. Before his death he had advanced to his daughter, Elizabeth Smith, two slaves, which he valued at $1,860. After making this advancement, to-wit, on the ninth of... 1873 Cases Yes  
  Redd V. Muscogee R. Co. 48 Ga. 102, Supreme Court of Georgia (January 01, 1873) 1. Where one bought a negro slave at sheriff's sale, and permitted him to remain with the defendant to use as his own, and he was so used for years, persons dealing with the said defendant with no knowledge of who is the true owner, have a right to consider the slave as the property of the person thus using him as his own. 2.... 1873 Cases Yes  
  Rives V. Farish's Adm'r 24 Gratt. 125, Supreme Court of Appeals of Virginia (November 26, 1873) 1. The case of Henderlite v. Thurman, 22 Gratt. 446, approved and sustained. 2. R owning slaves in A county, within the Confederate lines, in January 1864 sells them to P, and takes his bond for them payable when R should demand it. In August 1865 R took the amnesty oath prescribed by President Lincoln, with the conditions expressed in the... 1873 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Simmons V. Byrd 49 Ga. 285, Supreme Court of Georgia (July 01, 1873) 1. It is sought in this case to hold the executor liable to a judgment creditor of his testator, for not selling the slaves of the estate within less than seven months after his qualification as executor. The special reason assigned as making it a guilty default on the part of the executor in not so selling is, that the negroes were in danger of... 1873 Cases Yes  
  Thweatt V. Redd 50 Ga. 181, Supreme Court of Georgia (July 01, 1873) 1. Where a testator, prior to the emancipation of the slaves, made his will, providing for the removal of his slaves to a free State, there to be manumitted, and bequeathing to them certain legacies, the fact that his negroes were emancipated by the results of the war, prior to the death of the testator, and not by the provisions of said will, did... 1873 Cases Yes  
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