AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Glover V. Taylor 41 Ala. 124, Supreme Court of Alabama (June 01, 1867) [ACTION FOR BREACH OF WARRANTY OF SOUNDNESS OF SLAVE.) APPEAL from the Circuit Court of Montgomery. Tried before the Hon. F. BUGBEE. 1867 Cases Yes  
  Guerard V. Gaillard 15 Rich. 22, Court of Appeals of South Carolina (December 01, 1867) In 1858 B. became committee of the estate of G., a lunatic. The estate consisted of a rice plantation and slaves, which B. had in charge and managed, as committee, until May, 1865, when G. died. G. left a will, by which he appointed his widow, T., and one R., executors. The will was proved 29th January, 1866, and T. qualified as executrix, 10th... 1867 Cases Yes  
  Hall V. Gillespie Phil.Eq. 256, Supreme Court of North Carolina (June 01, 1867) The case involves the construction of the following clause in the will of Edwin Potts: I give and bequeath to nephew Edwin P. Hall all my lands starting at the Beatty's-Ford road, and running so as to include E. P. Hall's spring, and Ferrill's spring, and running a straight line to Jane Blakely's line; and the following negroes, Bill, &c., to take... 1867 Cases Yes  
  Haskill V. Sevier 25 Ark. 152, Supreme Court of Arkansas (December 01, 1867) The warranty on a sale of slaves in 1860, that they were slaves for life, is not broken by the Constitution of the State, since adopted, emancipating them, so as to relieve the purchaser from paying the purchase money on the plea of failure of consideration. The facts that a mortgage was written, signed and filed by the mortgagee in the recorder's... 1867 Cases Yes  
  Haslett V. Harris 36 Ga. 632, Supreme Court of Georgia (December 01, 1867) A party on the first day of April, 1863, received a bill of sale conveying to him with warranty of title, a negro slave then residing in Georgia, and who had been for three months previous thereto, and in consideration thereof, gave a promissory note for $l,200, suit was brought on the note and a recovery had. Held, that the recovery was right.... 1867 Cases Yes  
  Jackson V. Jennings 13 Rich.Eq. 172, Court of Appeals of South Carolina (May 01, 1867) After appraisement and division of the personal estate had been made by Commissioners in partition, a slave which had been allotted to A, but which he had not taken possession of, died. Some days afterwards the Commissioners again met and divided the land, and then made their return, taking no notice of the death of the slave:Held, that, as... 1867 Cases Yes  
  Johnson V. Waddy Court of Appeals of Kentucky (February 07, 1867) This was an action against the appellants, upon a covenant executed by them to the appellee on the 2d day of January, 1865, for the hire of two negro boys for the year 1865, at the price of $200, the covenant stipulating that the obligors would pay the two hundred dollars, whether the negroes should serve the entire year or not, and without regard... 1867 Cases Yes  
  Leslie V. Langham's Ex'rs 40 Ala. 524, Supreme Court of Alabama (January 01, 1867) [ACTION ON NOTE GIVEN FOR HIRE OF SLAVE.] APPEAL from the Circuit Court of Wilcox. Tried before the Hon. JOHN K. HENRY. 1867 Cases Yes  
  Louisville & N.r. Co. V. Young 1 Bush 401, Court of Appeals of Kentucky (March 05, 1867) A railroad was responsible for the wanton or negligent transportation of slaves so that they thereby escaped from, and were lost to their owner, and was liable to the owner for the value of slaves so escaping. But if the slave returned again to his home, the railroad was only liable to his owner for the value of his services whilst gone. APPEAL... 1867 Cases Yes  
  Mcknight V. Gordon 13 Rich.Eq. 222, Court of Appeals of South Carolina (November 01, 1867) A having become surety for B on a promissory note, the latter executed and delivered to the former a paper writing, by which, for the full and better securing A from all liability as her surety, she bargained, sold and delivered unto A two negroes, to have and to hold the same as his own right and title until he... 1867 Cases Yes  
  Monohon V. Caroline 2 Bush 410, Court of Appeals of Kentucky (November 22, 1867) A testator had the lawful right and power by will to liberate and provide for the manumission of his slaves; and also the right to make bequests of property to them when manumitted. APPEAL FROM LOUISVILLE CHANCERY COURT. 16 B. Mon., 221; Jackson vs. Collins. 13 B. Mon., 191. 2 Rev, Stat., art. 9, 380 and 462. 18 B. Mon., 20. 16 B. Mon., 340, 367;... 1867 Cases Yes  
  Monroe V. Collins 17 Ohio St. 665, Supreme Court of Ohio (December 01, 1867) 1. Male citizens having a visible admixture of African blood, but in whom the white blood preponderates, are white male citizens within the meaning of the constitution of Ohio, and have the same right to vote as citizens of pure white blood. 2. The legislature have no power, directly or indirectly, to deny or abridge the constitutional right of... 1867 Cases Yes  
  Moreland V. Hunley 37 Ga. 342, Supreme Court of Georgia (December 01, 1867) 1. Nettles, in 1841, in Alabama, by deed of gift, conveyed to his daughter, Mrs. Harrington, certain slaves, to have said negroes and their increase, unto her and her children, free from the control of her husband, and from all liability to the payment of any of the debts of her said husband: Held, that Mrs. Harrington, at common-law,... 1867 Cases Yes  
  Newsom V. Tucker 36 Ga. 71, Supreme Court of Georgia (June 01, 1867) When the will of BENJAMIN RAMSEY, made in January, 1865, was presented for probate before the ordinary, a caveat was filed by the plaintiff in error, chiefly on the ground that the will constituted one testamentary scheme, and that that scheme had been defeated by what subsequently occurred, to-wit: the emancipation of the slaves, by the... 1867 Cases Yes  
  Pickett V. Wilkins 13 Rich.Eq. 366, Court of Appeals of South Carolina (December 01, 1867) Partition of an intestate's estate, consisting of lands and slaves, made and confirmed, without objection then taken, by decree of the Court of Equity in 1864, is valid, though to some of the parties, now complaining, no part of the lands, but only slaves, were allotted. Slaves, in this State, did not become, either de jure or de facto, free until... 1867 Cases Yes  
  Presley V. State 30 Tex. 160, Supreme Court of Texas (January 01, 1867) The defendant was indicted under articles 670 and 674 of the penal code, which reads as follows: If any person shall unreasonably abuse or cruelly treat a slave, whether his own property or the property of another, he shall be fined not less than $100 nor more than $2,000. If, by reason of abuse or cruel treatment to a slave,... 1867 Cases Yes  
  Rhame V. Lewis 13 Rich.Eq. 269, Court of Appeals of South Carolina (December 01, 1867) An administrator, who held single bills, which he had taken for chattels of his intestate sold by him by leave of the Ordinary, and which, on their face, were payable to him as administrator, wishing to raise money for his private purposes, purchased negroes on credit, intending to sell them for cash, and in that way raise the money he wanted, and,... 1867 Cases Yes  
  Scranton V. Conlie 29 Tex. 237, Supreme Court of Texas (January 01, 1867) Under the law of 1841 (which was still in force in Texas in 1867), in relation to runaway slaves, it was made the duty of the sheriffs of the respective counties to receive all runaway slaves who were duly committed, and to keep them securely, and to maintain them. O. & W. Dig. art. 1869. Where the owner refused to remove the slave, or to provide... 1867 Cases Yes  
  Small V. Small 2 Bush 45, Court of Appeals of Kentucky (June 10, 1867) 1. As the jurisdiction of the county court over orphans and poor children, colored and white, whose parents are unable or unfit to rear them properly, is limited and special, every order for binding a child as an apprentice should exhibit the facts required by law for giving jurisdiction. (Freeman vs. Stone and others, 6 Dana, 283; Coffee, &c., vs.... 1867 Cases Yes  
  Smith V. Rosser 37 Ga. 353, Supreme Court of Georgia (December 01, 1867) This was a bill filed by the legatees under the will of the testatrix, against the defendant as executor thereof, for an account of the property of the testatrix which came into his hands as such executor, including certain negro slaves. The cause was tried in October, 1859, and a verdict found for the complainants. A motion for a new trial was... 1867 Cases Yes  
  South=western R. Co. V. Brown 36 Ga. 377, Supreme Court of Georgia (June 01, 1867) NOTE. WARNER, C. J., did not preside in these cases. 1. If a Railroad Company carry off a slave without the written permission of the owner, overseer or employer, though the slave be in company with a thief who had stolen him, the Company will be liable. 2. Where the owner reclaims his slave, carried off under such circumstances as above stated,... 1867 Cases Yes  
  State V. Penland Phil.Law 222, Supreme Court of North Carolina (January 01, 1867) An indictment for the murder of a person, who was a slave at the time of his death, cannot be supported unless the fact of his being a slave is set out. What constitutes a sufficient descriptio personæ in bills of indictment charging offenses by or upon persons in the different classes of society, stated by Pearson, C. J. (State v. Scott, 1... 1867 Cases Yes  
  Steward V. Munchandler 2 Bush 278, Court of Appeals of Kentucky (October 01, 1867) Frances Stewart, a woman of color, January 8, 1866, executed her note, due one day thereafter, for three hundred and eighty-four dollars. Frances and husband had been living together as husband and wife for about sixteen years, both being slaves until manumitted by the constitutional amendment, but never having been lawfully married. On the 19th... 1867 Cases Yes  
  Toomer V. Dickerson 37 Ga. 428, Supreme Court of Georgia (December 01, 1867) The only question presented, by the record in this case, for our consideration and judgment, is whether Dickerson, the security upon the bond of Tucker, the principal debtor, is discharged from the payment of the debt to the creditor, by reason of the failure of the latter to record his mortgage upon the negro slaves when removed into this State,... 1867 Cases Yes  
  Tucker V. Toomer 36 Ga. 138, Supreme Court of Georgia (June 01, 1867) NOTE.WARNER, C. J., did not preside in this case. This South Carolina mortgage sought to be enforced on lands lying in Georgia, can only be regarded (looking to the case made by the record) as a security for the payment of the debt due by Tucker to Toomer, for the purchase of a large number of slaves. The condition of the mortgage being... 1867 Cases Yes  
  Walker V. Gatlin 12 Fla. 9, Supreme Court of Florida (January 01, 1867) The warranty contained in a bill of sale given for a negro, that he was to be a slave for life, is not broken by the subsequent act of the Gov ernment which abolished in the Southern States the institution of negro slavery. Appeal from Leon Circuit Court. This case was decided at Tallahassee. A statement of the case is contained in... 1867 Cases Yes  
  Wharton V. State 45 Tenn. 1, Supreme Court of Tennessee (December 01, 1867) The history of this case is somewhat peculiar, extending over a period of more than eight years. In 1860, the prisoner was indicted in the Criminal Court of Davidson County, for an alleged rape, committed when he was about seventeen years old, and the slave of Dr. William H. Wharton, upon the body of Elizabeth Hare. He has been three times... 1867 Cases Yes  
  Wilkes V. Hughes 37 Ga. 361, Supreme Court of Georgia (December 01, 1867) W. hired to H. a slave from 28th December 1864, to 25th December, 1865. The slave was practically manumitted about the 1st of June, 1865. Upon a suit for this hire the Judge charged the jury that they should find for the plaintiff so much, with interest, as it was proven the slave's services were worth while he served as a slave, and further that... 1867 Cases Yes  
  Willis V. Halliburton 25 Ark. 173, Supreme Court of Arkansas (December 01, 1867) A plea of failure of consideration of the note sued on, alleging that it was given for slaves to which the plaintiff had no title, should aver that they were recovered by title paramount; and the allegation that the slaves were freed by the Constitution and laws, so that the suit for their recovery could not be consummated, is no excuse for want of... 1867 Cases Yes  
  Agnew V. Williams 1 Bush 4, Court of Appeals of Kentucky (December 05, 1866) 1. A slave claimed by the wife being attached by the creditors of her husband, the mother of the wife advanced $300, and D. advanced $260, and thereby released the slave from the attachment. The husband and wife then conveyed the slave to D., who, on the same day, conveyed him to the wife, reserving a lien for his advances. The husband thereafter... 1866 Cases Yes  
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