Black Texans in the Texas Supreme Court, 1840-1907

Black Texans in the Texas Supreme Court, 1840-1907:

a Database of Free, Enslaved, and Former Enslaved Black Texans;

with

Case Name and Justice, Year, Persons Involved, County and Judge, Decision

and Facts of the Case.

Compiled From Court Reports:

James W. Dallam. Opinions of the Supreme Court of Texas (Republic Era, 1840-1844, with Texas Reports, cases argued and decided in the Supreme Court of the State of Texas, vols. 1-65, plus 25 Texas Supplement (1860-1861). 66 vols. St. Paul: West Publishing Co., 1883-.; vols 66- 163 (1886-1963).

South Western Reporter. 300 vols. St. Paul: West Publishing Co., 1887-1928.;

U.S. Reports (Cases argued in the United States Supreme Court)

Linda Sybert Hudson, Ph.D.

February 10, 2014 Introduction

The "Database of Black Texans in the Texas Supreme Court, 1840-1907" is available online for use by those interested in the history of Black Texans. The aim of this database online at the Portal of Texas History is to further the knowledge of slavery and free blacks in

Nineteenth Century Texas. Also, historians of US slavery exclude Texas from broader legal studies because of the Spanish legal influence, or Texas was a developing slave frontier, or write that Texas Justices wrote nothing on slavery. Primarily, historians ignore Texas in broader legal studies because no easily accessible list of appellate cases is available.1

So far, more than 485 cases make up the "Database of Black Texans in the Texas

Supreme Court, 1840-1907." Probably more appeals about Black Texans exist, but court reporters did not always identify individuals by race. Terms used in the database are the same as those used in the court reports because language has meaning, for example, "negro,"

"negroes," "slave," "slaves," "freedmen," "former slave," or "black." The court cases are real people in real life situations and show the power of ownership of one person over another and the absolute control one race had over another.

Linda Sybert Hudson

Georgetown, TX

1 No mention of slavery in Texas in Andrew Fede, “Legitimized Violent Slave Abuse in the American South, 1619- 1865: A Case Study of Law and Social Change in Six Southern States” in The American Journal of Legal History (29): 93-150; Thomas D. Morris, Southern Slavery and the Law, 1619-1860 (Chapel Hill and London: University of North Carolina Press, 1996), 161, 186. Morris wrote that there were no appellate cases involving slavery in Texas and that little was written about slavery by the Texas Supreme Court Justices.; Robert B. Shaw, A Legal History of Slavery (Potsdam, NY: Northern Press, 1991), 102-108; Mark V. Tushnet, The American Law of Slavery 1810-1860 (Princeton: Princeton University Press), 9; William E. Whiethoff, A Peculiar Humanism in the Higher Courts of the Old South 1820-1850 (Athens: University of Georgia Press, 1996), 7. Says lack of slave cases in Texas Reports is reason for omission of Texas in slave studies.; Helen Catterall, Judicial Cases Concerning American Slavery and the Negro 5 vols. (Washington, D. C.: Carnegie Institute, 1937; rpt. New York: Octagon Books, 1968), “Texas Cases” ; Paul Finkleman, Slavery, Race, and the American Legal System, 1708-1872, 16 vols. (New York: Garland Publishing, 1988). 1

Table 1: Slave Cases Ordered Printed in Dallum's Digest & Texas Reports, by Texas State Supreme Court (sorted by alpha) Case & Justice Year Type of case *Slaves/Names County & judge Facts and opinion Able v. Chandler 1854 7. Warranty *male slave, Able, Cherokee Reverse and remanded for new trial. Negro was warranted as 12 TX 88 character Chandler honest and trustworthy, but had vices. Wheeler Ables v. Donley 1852 4. Property debt *Negro woman died Cherokee Affirmed, Note not paid by Ables because Negro died, Donley 8 TX 331 7. Warranty health typhoid? sued for amount due and awarded partial Wheeler Alexander v. Kennedy 1857 4. Property inherit *Six Slaves, Lamar Reverse and remanded. Husband abandoned slaves of spouse, 19 TX 488 Lorin C. Alexander, W. S. Todd her parents paid taxes and used labor, now, both to share slaves Hemphill Thomas Kennedy of deceased. Alexander v. State 1854 5. Rights of owners *Negro male, Harrison Affirmed. Alexander had attempted to entice a slave away from 12 TX 540 enticement John Coleman, his owner, hard labor in penitentiary. Wheeler Alexander Alexander v. Thompson 1873 4. Property inherit *Favorite slave, Rusk Reverse and remanded. Cherokee Alexander was a minor child 38 TX 534 Cherokee Caroline J.B. Williamson of BF Thompson who in his will provided for her education and Walker Alexander, welfare during her minority. Jury says comes from her share. Ben F. Thompson Walker reversed, education expense should come from estate W.W. Thompson before division. Alford’s Adm v. 1852 8. Hire debt *Flora, Austin Affirmed. Cochrane sued estate of Alford for hire of Flora and Cochrane John Alford, her value $800. Family claimed Flora, but she goes back to 7 TX 485; Cochrame Cochrane Wheeler Algier v. Black 1869 7. Warranty title *slaves, Algier, Black Red River Reversed and Dismissed. Slaves had been traded for land. No 32 TX 166 W Bank warranty, not slaves for life when emancipated. Slavery ended Morrill June, 19, 1865. See Hall v Keese (1868). Allen v. Russell 1857 4. Property debt *Mariah, *Sam, Lamar Affirmed. Slaves were loan from her father RC, and for use of 19 TX 88 *Crockett, Ann & WS Todd Allen and so subject to Crowder's debts. Hemphill Jesse Allen, Richard Crowder, James W. Russell Allen v. State 1855 10. Regulation of *slave, Allen Jasper Reverse and remanded. Allen charged with selling liquor to a 14 TX 633 slaves, freemen W. W. Morris slave. A gift of liquor to slave not against law. Hart’s Digest, Hemphill 454. Allen v. Urquhart 1857 7. Warranty title *3 women slaves, Cass Affirmed. Wife claimed that husband sold her slaves without her 19 TX 481 Hugh & Caroline knowledge to Urquhart, but she had tried to sell them herself Wheeler Allen, Allen repeatedly. Urquhart, Margaret Smith, Ebenezer Frazier, Joseph Reed Hudson database TX Sup Ct slave case decisions

Anderson v. Anderson 1859 4. Property debt *4 slaves, Wm G., Panola Judgement affirmed. for Mrs S. Anderson who owned slaves 23 TX 640 Sina, B. B. Anderson, R. A. Reeves sold by BBA Wheeler Samuel T. Burnes Anderson v. Duffield 1852 4. Property debt *female slave, Nacogdoches Affirmed. Sued for interest on judgment for debt on unsound 8 TX 237 Anderson, slave. I interest not allowed. Wheeler, being of counsel, did not Lipscomb Duffield sit. Anderson v. State 1857 10. Regulation of *slave, Guadalupe Reverse and Dismissed. Slave hired out his own time, not an 20 TX 5 slaves, hire selves Anderson T H Duval offense for an indictment. See Rawles v State (1855). Roberts Andrews v. Winkler, 1863 4. Property debt *slaves, Navarro Affirmed. Houston slave dealer Andrews claimed slaves, Adm J. D. Andrews, J Gregg purchased by Winkler. 27 TX 170 C. M. Winkler, R. H. Bell Porter, D.R. Mitchell Andrews, Fowler v. 1859 4. Property debt *Silvia, *Lewis, *Jim, Hunt Affirmed. Andrews, Fowler, & Eagan illegally took *Silvia and Beck A L Fowler, J. Eagan, W S Todd children from John Beck for debts owed League, Andrews & 23 TX 455 J. J. Beck, Co. by Beasley who sold *Silvia to Beck, *Jim, *Lewis stay Roberts S. Beasley with Beck. Arcienega v. Riddle 1855 4. Property debt 3 *slaves, Miguel Bexar Affirmed. Paid note for land with Negroes, but negroes then 15 TX 330 Arcienega, eloped to Mexico. Lipscomb John Riddle Armstrong v. Jowell, 1859 22. Manumission *natural children, Rusk Affirmed. Freed children by name in will, provided for removal Exec Alburtis Arnwine, From Cherokee from state. Brother claims as heir. State law does not override 24 TX 58 Armstrong C. A. Frazer wills when provided for slave removal from state, as does in SC, Wheeler GA, MS, AL. Arnold v. Beene 1867 4. Property possess *Girl, Joseph R Smith Reverse and remanded. Beene loaned girl to Arnold for wife’s 20 TX 13 Arnold, Franklin H R A Reeves use. Kept 3 years, Beene wants back. Possession for three years Willie Beene makes her property of Arnold. Ashworth v. State 1853 10. Regulation Lititia Stewart, Jefferson Affirmed. Ashworth arrested for fornication with Stewart who 9 TX 490 miscegnation of Henderson Ashworth. claimed marriage by Ashworth Act (1840) allowed family to Lipscomb free negroes remain in state. Att Jones did nothing, client in jail. Avery v. Avery 1854 4. Property inherit *John, James S. Cherokee Affirmed. By laws of Georgia, John was part of the estate, not in 12 TX 54 Avery , Richard, & Texas. Mary gets *John and his hire. Lipscomb Mary Avery Bailey v. Hicks 1856 4. Property debt *16 Hands Polk Affirmed. Bailey seeks 1849 debt of $1,973 from wife of Wm 16 TX 222 Nathaniel Bailey P W Gray C. Hicks who was insolvent and charged necesities for family Wheeler Rachel, Wm C, and *hands. Wife and children owned slaves. Bailey’s Thomas Hicks misfortune to give credit to one insolvent. Baily v. Trammell 1863 4. Property inherit *Stephen, Amanda, Gonzales Affirmed. Amanda seeks return of slave owned by husband and 27 TX 317 Jarret, Henry, Phillip, F. Jones loaned to another. Local jury yes. Moore Nicholas Trammell, J.W.E. Wallace Hudson database TX Sup Ct slave case decisions

Baker v. Johnson 1856 7. Warranty health *Richard or *Dick, Harris Affirmed. Negro was sound at time of sale and later developed 16 TX 133 Baker, P W Gray hernia. Wheeler Johnson Barbee v. Hail 1868 8. Hire debt *negro woman, Houston Affirmed. Hire contracted Jan 1864 in CSA money for pmt due 31 TX 162 N. B. Barbee, R A Reeves Dec 1865. Barbee wants pmnt of $250 in US money. CSA Latimer James Hail illegal, Hail not pay.

Barnette, et al v. Hicks 1851 4. Property possess *Matilda, Rusk Affirmed. False arrest forHicks luring Matilda from owner. 6 TX 352 Wm Barnette, Luke Lipscomb Presnell Barziza v. Graves 1860 4. Property inherit *slave & child, Robertson Reverse and remanded. G sued B, for woman and child, gift for 25 TX 322 Adaline Grave J Gregg nursing ill slave. Jury gave her woman, but husband left slaves Bell Barziza to children by previous wife. Admit will as evidence.

Bason v. Hughart 1847 4. Property debt *Wm. D. Stuart, Free- Red River Reversed and Remanded. Hughart won judgment against Stuart 2 TX 476 man of Color, Geo. & and got his horse. Bason would pay debt balance if Stuart works Lipscomb Henrietta Bason, as blacksmith for G. Bason. Ed Hughart, Adam Hampton Becht v. Martin 1872 10. Regulation free *Judith Martin, Fort Bend Affirmed. Free black Martin died in 1863 and left property to 37 TX 719 negroes property Peter’s wife, Wm. & Lindsay free black wife, held by trustee William Ryon, who deeded to Walker Polly Ryon, J. B. Sullivan, who sold in CSA money to Becht. Judith wants her Sullivan, Julius Becht property as a free person. Judith gets her property, CSA invalid.

Beers & Smith v Rhea 1849 4. Property debt *Charlotte, *Dorcas, Galveston Reverse and remanded. All parties residents of Alabama when 5 TX 350 *Henry, *infant, contract made. Wheeler John S Rhea

Bell v. State 1894 10. Regulation *Calvin Bell, Galveston Affirmed. White woman charged with marrying a negro Calvin 33 TX Cr Ap R 163 miscegnation of Katie Bell E.D. Cavin Bell. She sentenced to two years in state penitentiary in Simkins free negroes violation of Penal Code Art. 326. Her husband CSA soldier and had lived as white. Calvin acquitted as he may not have known she was white. Belt & Bendy v. Raguet 1864 4. Property debt *Negroes, Helen Belt, Tyler Rendered, all claims dismissed, sheriff to sell slaves and Raguet 23 TX 471 Henry Raguet, Bendy, J M Maxey get payment. 1847 R got judgment for Negroes for B’s debt. Moore McDaniel, Hyde and Revived 1857, but Bendy, McDaniel, & Hyde and Van Vleck Van Vleck claimed by debt. Helen claimed as her property from father.

Hudson database TX Sup Ct slave case decisions

Bennett & wife v. 1846 4. Property ossess *Grace, Joseph & Victoria Reversed. In 1840, Bennett bought Grace, aged 6, at sheriff’s Gamble Mrs. Bennett, Varlan sale for $10. Three years later former owner’s creditors claimed 1 TX 24 Richardson's Admin, Grace, local jury agreed, but two years possession made Grace Lipscomb Gamble property of Bennett.. Bennett v. Butterworth 1851 4. Property debt *Betsy, *Lindsay, Galveston Affirmed. Mortgagee Bennett failed to keep slaves engaged in 53 US 367 *Billy, *Alexander, useful employment to pay debts of Amis, so Butterworth could 12 How 367 John Bennett, John take possession of slaves by inheritance. 13 LEd. 1026 Amis, Sam, Mary Butterworth Bennett, Adm v Cocks 1855 4. Property debt *Stephen, Sarah Pitts Travis Affirmed. Debt levid against husband, Stephen was property of 15 TX 67 Cocks, John Pitts, the wife. Hemphill John Bennett, A. N. Hopkins Benton v.Williams 1843 10. Regulation free *Eli Williams, Harris Affirmed. W sued B for assault and battery. Although not a 1 Dallam 496 negroes-assault of Jesse Benton citizen, he was not beyond law, “injuries may not be wantonly Jack committed on free persons and their property.” Bernal v. US 1917 24. Abolition of *prostitutes Rosenda Bexar Refused to hear case. San Antonio madam held 3 girls in brothel 38 StCt 192 slavery/peonage. Nava, Sofia Vivar, Foster Gordon for their debts. 245 US 672 Angelina Flores Berthlett, Jones & Co v 1858 4. Property debt *Malinda, Albert Red River Reverse and remanded. Mrs. Bell mortgaged Malinda to Folsom Folsom, David G. Wm S Todd Berthlett, Jones, & Co, but Malinda belonged to son, Albert 21 TX 430 Bell, Jane H. Bell Folsom. No documents to show Roberts Bingham, Adm v 1870 4. Property inherit *Sarah, Harris Reverse and remanded. Case in Probate April 1861 admin Waterhouse John Waterhouse, Geo R Scott ordered to deliver Sarah and $500 to GCB, war interrupted and 32 TX 468 W A Bingham, Geo C after, admin moved to dismiss, Dist Ct agreed. Should have Morrill Bingham ordered 10% per month on property not delivered. Birge v. Wanhop 1858 8. Hire debt *slave, Birge, Cass Reverse and remanded. Slave drowned while at hire, w/ no fault 21 TX 441 Wanhop W S Todd of hirer. Owner wants amount of full year's hire. Wheeler Birge & Hynson v. 1858 8. Hire damages *slave, Birge, Cass Affirmed. Value of slave hires before accidental death is due. Wanhop Hynson, Wanhop W S Todd No damages due for loss of slave. 21 TX 478 Wheeler Bishop et al v. Jones & 1866 4. Property debt *16 slaves, Stephen Bastrop Affirmed. Note by Bishop and others due, plus 10%. Judgment Petty Bishop, A W Terrell to sell assets. Gives history of secession and explains why debts 28 TX 294 Jones & Petty, N M made before war are still due while those made during war were Moore Brice, Ben Lyman not.

Hudson database TX Sup Ct slave case decisions

Blair, et al v Reid, et al 1857 4. Property debt *slaves, John G. Gonzales Affirmed. $15,000 mortgage from Blair to Logue for slaves and 18 TX 311 Logue, Isam Tooke, Fielding Jones real estate, pd interest, demanded pmt before due, pd, but not Wheeler AC Blair, Reid, allowed damages for early pay. Sprage & Co. Blakeley’s Adm v. 1849 4. Property possess *Jenney, *Nicey & Fort Bend Reverse and remanded. Value for of each slave listed separately. Duncan son *Isaac, In Mississippi, B received slaves from T for delivery to D for 4 TX 184 Duncan, Tyler debt owed. Instead, B took slaves to Texas. D wants slave value Lipscomb paid or returned. Blanchett v. Dugat, et al 1851 4. Property possess *slaves, Blanchett, Liberty Affirmed. Wife of Blanchett took her slaves to sons of former 5 TX 507 Dugat husband Dugat and remained at son's property. B no right to get Lipscomb wife's slaves back. Blankenship v. Berry 1866 5. Rights of *slaves, Berry, McLennan Reverse and remanded. No damages due. Negroes taken to 28 TX 448 owners, agency of Blankenship N W Battle defendants, stayed with consent of owner until Negro came for Donley slaves them. Berry would not release except to a white man. Blythe, Adm. v. Speake 1859 7. Warranty health *Sam, Amos Ury, Cass Judgment reverse and remanded. Speake sold Ury defective 23 TX 428 John Speake, Clinton W S Todd slave, lower court dismissed for lack of name of disease. Roberts Willard Symptoms described was enough for civil suit. Bonds, Exec v. Leah 1871 25. Legalize *Leah Foster and Fort Bend Affirmed. Leah and children manumitted in Ohio, brought to Foster cohabitation and children of A.H. L Lindsay Texas, cohabitated. 1867, F d and left property to heirs. Exec 36 TX 68 heirs Foster claims estate insolvent, sold for debts. Leah sued for homestead, Walker, overturned jury agreed. overturned by Clements v Crawford (1875) Boulware, Adm v. 1852 4. Property debt *Francis, *Minerva, Harrison Reverse and remanded for amt owed only by Robinson as surety Robinson *Barbara, *others, C A Frazer on bond given for Moore, not full amount of bond. Slaves held 8 TX 328 Gabriel Moore, for their hires to pay Moore's debts. Wheeler Oliver Boulware, V. G. Prewett Boulware, Adm v. 1859 3. who were slaves *Francis, & children, Harrison Affirmed. Hendricks, admn. of Gabriel Moore’s estate, sued by Hendricks, Adm 8. hire debt *Minerva, & children, C A Frazer Admn. Boulware for hires of women freed in Moore's will. See 23 TX 667 22. Manumission *Barbara, et al, 17 TX 20, 17 TX 28, Gabriel Moore’s Admin v Mary Minerva Roberts Gabriel Moore, and children, Francis, her children, Barbara, and others. Obadiah Hendricks, Oliver Boulware Bradshaw v. Mayfiled 1856 4. Property inherit *Randle, Ellis Reverse and remanded. Sutherland Mayfield owned and raised 18 TX 21 Sutherland and & N Burford Randle. When he died, wife kept Randle as her own. SM's Hemphill Sarah Mayfield children sue for hire and get $150 year in hire from wife. Bradshaw v. Mayfield 1859 4. Property inherit *Randle, Sutherland Ellis Reverse and remanded, judgment not supported by verdict. 24 TX 482 & Sarah Mayfield N Burford Sarah and husband had previous children. Sarah did not Bell inventory Randle with his property, his children claimed him, Sarah d. and her children claimed R. See case in 1856.

Hudson database TX Sup Ct slave case decisions

Brady v. Price 1857 19. Offense against *Miles, San Augustine Affirmed. Overseer Brady shot slave with buckshot. Price sued 19 TX 285 slave, shot & Tempe Price; A W O Hicks for damaged slave. “The right to life and limb is an inherent Wheeler maimed Charles Brady right ...which the law of the land does not pretend to take from the slave...” Brewer v. West 1847 4. Property debt *Jack, William Red River Reverse and remanded. Brewer sued West, who wants note 2 TX 376 Brewer, James Carter, canceled, but does not state he will give slave back. Should pay Lipscomb Ed West, Miles Reed 3 years use. Brightman v. Word, 1873 4. Property debt *Negro woman and Goliad Reverse and remanded. Slaves mortgaged as property, but freed Adm child D D Claiborne before debt paid. Slave mortgage did not create vendor’s lien. 37 TX 310 23. Emancipation Walker Brinson v. Cunliff 1860 4. Property inherit *Henry, *Harriet, Upshur Affirmed for distribution. In 1857, Susan Cunliff as guardian for 25 TX 760 *Francis, John C A Frazer 5 minor children or JM, sued sister Laura Brinson for share of Roberts McNairy, Susan & estate of their deceased father for the difference in value of John Cunliff; AJ & slaves Harriet and Francis and one horse @$1600 Laura held Laura Brinson when her share of estate was $880. Briscoe v. Corri 1844 4. Property debt *Henry, Harris Affirmed. B purchased Henry from Eliza in 1839, she kept him Dallam’s 556 Eliza Hight Pope, and hired him out to pay Briscoe back with his hire but did not. Baylor 8. Hire Portis Corri, Briscoe Bill of Sale was not a mortgage, but a conditional sale. Brown v. Lane 1857 4. Property inherit *Slaves, Rusk Affirmed. Brown seeks inheritance of JFL from slaves sold at 19 TX 203 James F Lane, Robt L Wm W Morris sherriff sale. JF Lane claims partial interest in slaves as heir of Roberts Lane, Andrew J Wills, RL Lane. Brown does not get possession of slaves, debt paid to Taylor Brown Wills. Browne v. Johnson 1867 4. Property damage *Arnold/Armstead, Cameron Reverse and remanded. Slave escaped while in custody of 29 TX 40 John J. Johnson, T J Devine Sheriff Brown in 1858, local jury agreed owed value, but burden Smith James Browne on J to show escaped due to negligence. Bruton v. State 1858 5. Rights of owners *Frank, Harris Affirmed. Bruton lured Frank from Kuykendall, took him to 21 TX 337 enticement *mulatto girl, P W Gray New Orleans and traded him for mulatto girl. Was arrested in Roberts Wiley Bruton, Shreveport. John Kuykendall Bryan’s Adm v. Bridge 1853 4. Property debt *Phillip, Galveston Reverse and reformed.Sherriff was to sell Phillip but he ran 10 TX 149 William Bryan, away, and owner compensated with cattle. Petition for Lipscomb Jos Hasbrook, rehearing. Ed, Henry Bridge Bryant v. Kelton 1846 4. Property title *Moses, Alex Bryant, Montgomery Affirmed. Bryant rec judgment against MK for Moses, Oliver K 1 TX 434 Milton Oliver, claimed Moses as his property, but judgment against MK will be Lipscomb Robert Kelton paid. Buckley’s Adm v. 1871 8. Hire debt *slaves, Fort Bend Reformed to $4560 +8% int per annum due from father’s estate. Howard C. W., Jane, and Mary L. Lindsay Slaves belonged to wife. Father as guardian used slaves from 35 TX 566 Buckley, 1851-1865. Husband WHH sues for hire use. Admin appeals Walker W. H. Howard jury gives hire to daughter. See Walker v. Howard 34 TX 478. Hudson database TX Sup Ct slave case decisions

Bufford et al v. 1853 4. Property inherit *Phoebe & children, Shelby Reversed and Remanded. 1815 YT willed AT and John Allen, Holliman & wife Yancy and Amelia exec, all his property for her life, and then goes to his childen 10 TX 560 Thornton; John Allen, and wife’s son Alfred. All d except Eliza, who died before her Hemphill Eliza Holliman husband. Heirs want share of Phoebe and her increase. Bumpus v. Fisher 1858 19. Offense against *Alfred, Upshur Affirmed. Fisher had Bumpus arrested for unmercifully 21 TX 561 slave excessive James Bumpus, C A Frazer whipping *Alfred. B demanded jury trial and they found him Roberts whipping. Jacob Fisher guilty of assault and battery, and fined B $40. Burnley v. Rice 1857 4. Property debt *slaves, Albert Brazoria Affirmed. 1841 JL gave ATB ½ plantation, slaves, and stock. 18 TX 481 Burnley, James Love, NH Munger 1846 JL deeded plantation to NA Ware for $15,000 to convert to Wheeler Wm Rice, A F James sugar, plus JL note to Rice, Adams & Co for $624 for supplies. When note due 1850, JL deeded to AFJ. In 1852, Ware wins judgment, Rice sues ATB and JL for debt. Burton v. Lawrence 1849 8. Hire debt *slaves, Burton & Houston Affirmed. Judgment of $5,000. Burton & Hall hired slaves from 4 TX 374 Hall, Lawrence Lawrence and failed to pay hires and taxes owed Wheeler Busby v. Lynn et. al. 1872 4. Property inherit *Ralph, Milton, Freestone Reversed and remanded.Same case Lynn v Busby (1877). MB 37 TX 146 David, Edward John B Rector willed slave and extra share to DB to care for deaf brother EB, Ogden Busby, Elizabeth DB d. willed his share to EB. Ralph free, deaf bro claims sisters, Lynn, Malissa Davis EL & MD sold property that gave him income,wants $300 yr. Cain v. State 1857 5. Rights of owners *Dick, Fayette Reversed and remanded. C was to have enticed slave away from 18 TX 387 enticement William Scallon, T H DuVal owner S, and was convicted, but, must prove confession was Wheeler James Cain voluntary and not coerced. Callihan’s Exec. and 1858 19. Offense against *Humphrey, Guadalupe Affirmed. Callihan shot Humphrey, “any person who shall another v. Johnson slave, shot & killed James Callihan, A W Terrell maliciously dismember or deprive a slave of life, shall suffer 22 TX 596 8. Hires John Johnson such punishment as would be inflicted…upon a free white Bell Geo B Hollamon person... except when in state of insurrection.” Calvin, A Slave v. State 1860 18. Crime by slave *Vina, *Calvin, Rusk Affirmed. In 1858, slave Calvin killed slave wife Vina, the 25 TX 789 murder Robert Winn, C A Frazer property of the heirs of Robert Smith. Slave murdered slave and Bell Robert Smith is tried for murder or manslaughter. Sentenced to hanging.

Calvit v. Cloud 1855 1. Legality of *Emily and child, Brazoria Affirmed. Cloud took Emily from Calvit, who held since 1834 14 TX 53 Negro slavery 1834 Calvit, on legal pretense, trial in 1848, verdict in 1853, appealed. Cloud Wheeler Cloud got Emily back and her hire for six years. Canfield v. Hunter 1868 4. Property debt Henry Canfield, Goliad Affirmed. 1861 “sequestration of the estates, property, ...of alien 30 TX 688 5. Rights of owner Wm L Hunter E P Upton enemies.” CSA collected debts owed Unionists. 1865, Hunter Hamilton Sequestration Case gets judgment. Stay laws to aid rebellion, unconstitutional, null. Carothers v. Thorp 1858 8. Hire debt *Bridget, *Taswell, Matagorda Affirmed. Carothers gave notes for hire, property rental, but 21 TX 358 T J Carothers, J. L. J H Bell Thorp took Bridget back and C could not make payment, breach Wheeler Thorp, J. G. Rainey of one contract did not affect the other.

Hudson database TX Sup Ct slave case decisions

Carr v. Wellborn 1844 7. Warranty title *slaves, Jesse Carr, D. Red River Reversed and Remanded. W took advantage of M’s weak mind, Dallum’s A. Monaghan, Wm defrauded him in AL and took slaves to Texas. Guardian sues, Morris Wellborn as case does not fall under bankrupt laws, has right to sue in TX. Carroll v. Carroll 1858 4. Property inherit *Dick, *Moses Navarro Reversed and reformed.1854, TC ag heirs to set aside father’s 21 TX 732 Susan, Thomas H J Jewett will w/ he and SC as sole heirs, all married before, separated and Hemphill Carroll, heirs remarried. Thomas got share as heir. Susan got half.

Carter v. Carter 1849 4. Property debt *Negro woman and Fayette Affirmed. Mortgaged slaves, for $400 with understanding to get 5 TX Sup 93 9 child, back, but instead sold slave. Jury gives additional value above Wheeler R S Carter mortgage to old owner. Carter v. Marks 1856 10. Regulation of *E. J. Carter freed Hill Affirmed. Carter, free Negro claims he can not be sued or make 17 TX 539 free negroes debts man, HJ Jewett contracts. He must pay debts even if not in state in 1840 when Lipscomb Sam Marks, Matthews law made. & Bee Carter v. State 1857 10. Regulation of *Negro, Carter Brazos Reversed and remanded. Owner allowed slave to carry gun for 20 TX 339 slaves, owner J Gregg hunting. Jury found guilty. Wheeler allowed gun Cartwright v. Cartwright 1857 4. Property divorce *Jane, *Mary, Montgomery Reversed and Remanded. Pink owned Jane and child Mary who 18 TX 626 *Tamer, Harriet, P W Gray had two children. Jane had Tamer, Harriet, Sarah, Clarissa, Hemphill *Sarah, *Clariss, before suit for divorce. WC sired all children, claimed as his Pink and Williford fruit. Roman, Justinian, Spanish, Common law, fruits and profits Cartwright shared, but child of slave belongs to the master. Jury decideds Cartwright v. Hollis and 1849 4. Property debt *Negroes, Cartwright, San Augustine Reversed. WH and wife owe debt for goods, both signed notes. wife Wm Hollis, Elizabeth WH has no commuity property, EH has negroes, lands, horses, 5 TX 152 L. Hollis and cattle but refused to sell for debt. Husband and wife can be Hemphill sued for expenses for benefit of separate property. Case v. Jennings and 1856 4. Property debtr *Celia, Sherman Travis Affirmed. Case took 30 horses to sell for partners and pay debts, Henderson Case, E. F. Jennings, Th Duval but traded 24 horses to King for *Celia in Ellis County, sold her, 17 TX 662 C. W. Henderson, gave note from Angus McLaurin to Cunningham of Bastrop Wheeler Angus McLaurin, County for debt, and enticed *Celia to run away with him. Suit L.C. Cunningham for *Celia or her value. Casey, Adm v. Turner 1869 8. Hire debt *slaves, Martin Rusk Reversed and reformed. Slaves hired Jan 1864, debt due for hire 31 TX 64 Casey, WH Turner in Dec 1865, Admin wanted in US and Turner said CSA. Jury Morrill found $31 due in US. Morrill says illegal contract in CSA. Castleman v. Sherry 1875 7. Warranty *Negro woman, Red River Reversed and remanded. Dec 1864, traded Negro for land, then 42 TX 59 emancipation. David Castleman, A H Latimer claimed fraud after emancipation. Bought woman as “slave for Reeves Barney Sherry life.” Re: McKinney v. Fort (1853). Chandler v. State 1847 19. Offense against *Claiborne, Travis Affirmed. Chandler indicted for murder of *Claiborne, slave of 2 TX 306 slave murdered David Chandler, David Conner and found guilty of manslaughter. Wheeler David Conner Hudson database TX Sup Ct slave case decisions

Chappell v. McIntyre 1852 4. Property inherit *Negroes (Eliza & Washington Affirmed. James brought Negroes from TN in 1840, brings wife 9 TX 161 child, Joseph, to TX, d in 1842, wife remarries, who entitled to slaves? Heir, Wheeler Jefferson, Elvira, daughter Sarah, but mother as guardian entitled to recover. Julia), Harriet see McIntyre v. Chappell, 4 TX 187 (1849) for *names. Chappell, Sarah, James McIntyre Cheatham v. Riddle, 1852 4. Property title *John, *America Titus Reversed. Cheatham and Elliot worked on halves, Elliot, Adm’ James Cheatham, overseer, Cheatham paying taxes on slaves, argument led to 8 TX 162 Benjamin Elliot, Elliot’s death, Adm claims *John as Elliot’s property but no Wheeler Riddle proof except witness. Cheveallier, Admn. v. 1846 4. Property inherit *Westley, Nacogdoches Reversed and remanded. Before d., MW said Caroline went to Wilson *Caroline, *child, Sarah. Admin retained pending payment of medical bills. 1 TX 161 Sarah Wilson, Mary Wilson, as heir is entitled to slave to the exclusion of the other Hemphill Wadlington, Joel heirs. Delivery and possession essential to validity of gift. Wilborn, Ephraim Terry, R. F. Millard Christmas v. Smith 1853 4. Property debt *two slaves, James & Walker Reversed. James and Lydia Christmas owed every merchant in 10 TX 123 Lydia Christmas, Huntsville. He made debts, then claimed insolvent, slaves as her Hemphill Smith separate property. Judgment against James. Claiborne and others v. 1856 4. Property inherit *Frederick, Joseph & Travis Reversed and Remanded. Negro and oxen traded for land and Susan Tanner’s Heirs Susan Tanner, James J Hancock jury found slave was wife;'s separate property. 17 TX 68 Craft Wheeler Clark v. Davis 1852 8. Hire damages *slave, Liberty Affirmed. Davis hired Negro to Clark & Kilgore to do all kinds 7 TX 556 Clark, Davis, of work in their mill where he drowned. Davis awarded value of Wheeler Kilgore slave Clark v. Southern Pacific 1863 8. Hire health *slave, Permelia Harrison Reversed and remanded to allow testimony of Clark's son. Slave Railroad Clark C A Frazer hired out to RR, gave him heavy work unloading RR iron and 27 TX 100 caused hernia, no longer able to hire out. Moore Clements v. Crawford 1875 25. Legalize *Mary Clements, Galveston Affirmed, GC lived with Mary, mulatto, had children, mortgage 42 TX 601 cohabitation, not George Clements, A P McCormick to Crawford, foreclosed. Mary sued for homestead. GC says he Gould, overruled Honey miscegnation Crawford never married. Court agreed. Constitution (1869), only v. Clark (1872) mixed marriage legitimatized in bondage, not w/ white men. Clifton v. Lilley, 1854 4. Property inherit *Jane, Thomas B. Titus Affirmed. Lilley, guardian of children of Jesse Cherry sue for Guardian Lilley, Isham, Jane or her value, as dau of Dicey, who was inherited from 12 TX 130 Margaret, Noel, Mary, Grandpa Isham Cherry, in TN. GC claims by bill of sale from Wheeler Hugh, L.W. & 3rd party. Jane was property of children, as evidence of Washington Cherry, distribution of will without bill of sale. Satute of limitations has George Clifton no limits for minor children.

Hudson database TX Sup Ct slave case decisions

Cloud v. Smith 1846 4. Property debts *Negro woman, *two Brazoria Reversed. C owed S who sued and took Negro woman and 1 TX 611 children, J. W. Cloud, children. Cloud claims he should take real estate first. Cloud can Lipscomb W. R. Smith give other property for debt. Coats et al v. Elliot, 1859 4. Property inherit *negro girl, Panola Affirmed. JHC d., DCC inventoried girl as part of estate, EC Admin. Elizabeth, David, C. A. Frazer refused to give up possession of girl to Elliot when named 23 TX 606 Jacob Coats, Wm A. admin. claiming bought partly with her money, and later WAJ Wheeler Jernigen, James F. sold girl for her. JFE sues for girl as admin of estate, but wife Elliot awarded girl by jury. Cobb, Adm v. Norwood, 1854 4. Property inherit *two Negroes, Gonzales Reversed and remanded. Court erred in limitation of three Adm Samuel S. Cobb, months and excluding evidence. Also see Norwood v Cobb 11 TX 556 Geo & Wm Norwood, (1855) (1857) Lipscomb Wm & Indiana Green Cochrane v. Winburn’s 1854 4. Property inherit *Gabriella, Washington Affirmed. Gabrella hired to Lucy Winburn, Robinson by her Exec. 8. hire Lucy Winburn, brother Cochrane. He d. and heirs sue for G’s value and hire for 13 TX 143 Robinson, Cochrane ten years later. Slave stayed with Lucy by adverse possession Lipscomb and as heir. Coffee v. Ball, Hutchins, 1878 4. Property debt *unamed, Galveston Affirmed. Did not notify state court of bankruptcy. & Co Aaron Coffee A P McCormick 49 TX 16 Cole v. Cole’s, Admin 1856 4. Property inherit *female slave, David Harrison Affirmed. DJC held girl for two years before d. JC sues for 17 TX 5 J. Cole, James Cole, WW Morris possession claiming he loaned the girl to cook and clean. Admin Wheeler Douglas produced bill of sale from Douglas, jury finds for admin. Compton v. Perry 1859 4. Property debt *David, *Ranson, Harris Affirmed. Alex Compton owed many debts for land , etc. and 23 TX 414 Elizabeth, Alexander son in law Manadue thought paid all off and deeded property to Wheeler Compton, W H widow EGC. Debt to Perry for two named slaves from 1844 and Manadue, Daniel before all other debts. Perry gets judgment or slaves. Perry Cook v. Thornhill 1855 4. Property title *George, *Jackson, Galveston Affirmed. Cook bought George and Jackson in MS from 13 TX 293 Parthenia Thornhill Thornhill’s brother, but slaves belonged to Parthenia who was a Wheeler lunatic in VA. Illegal sale. Cornett v. Williams 1873 7. Warranty debt *slaves, Sam, Henry, Bastrop Affirmed. C came from Missouri to Texas with slaves and 87 US 266 & J.H. Williams traded slaves for land, land title not clear. Henry Williams had Swayne judgment against land owned by Sam Williams. Crosby v. Huston 1846 4. Property debt *Negroes, Wm Harris Reversed and remanded. Crosby bought 14 Negroes from P in 1 TX 203 Punchard, J. J. MS, all mortgaged to Herman, Briggs, and trustee then sell. P Hemphill Crosby, Felix Huston came to Texas with slaves. Culbreath v. Hunter 1868 4. Property debt *unnamed Goliad Reversed and remanded. 1861, “for sequestration of the estates, 30 TX 688 E P Upton property, and effects of alien enemies.” CSA collected debts Hamilton 5. Rights of owner owed Unionists. 1865, Hunter tries to collect, paid to CSA. Stay Sequestration Case laws designed to aid rebellion not constitutional, null and void.

Hudson database TX Sup Ct slave case decisions

Cumby v. Garland 1894 25. Legalize *slaves, Alice, Wm Rusk Reversed and remanded. Alice sued father’s 2nd wife for 6 TX Civ App 519 cohabitation inherit Cumby, Charlotte, W J Graham inheritance. Constitution 1869, art 12, sec 27 legalized slave Williams legitimate children Jack, & Oscar marriages, Aug 15, 1870, children legitimate... Common law Garland marriages produced legitimate heirs. Cummins v. Rice et al 1857 4. Property debt *Eliza, Houston Affirmed. Rice & Nichols recovered judgment against Sydney 19 TX 225 Uriah S.& Sydney J. H. Reagan Cumins for Eliza, USC claims girl his and had shifted between Hemphill Cummins US, and sons Sydney and Williams. Rice & Nichols Cuney v. L. G. Dupree, 1858 4. Property debt *Slaves Washington Affirmed. Cuney took from Dupree slaves that Cuney put at hire Adm. R E B Baylor for debts owed by Dupree. Dupree d. Was bill of sale absolute 21 TX 211 8. Hire debt or a trust, bill of sale was trust, Cuney repaid debts by slave Roberts hires. Danzy et al v. Smith et 1849 4. Property inherit *Rena, *John, Liberty Affirmed. Richard deeded Rena and her 4 children to dau al *Martha, *Everett, Pamelia to prevent their lost for debt in 1845, but he retained 4 TX 412 *Sam, Nancy, possession. Pam m. W A Smith, R Danzy died and Pam took Lipscomb Richard, Rebecca, Rena. Remaining family sue for value of slaves in possession of William, Julia Mary, Pam and Wm Smith who have deed to Rena and her children. Bryan Danzy, Pamelia Jury for Smiths, court affirmed lower court decision. & W. A. Smith Davis v. Loftin 1851 7. Warranty title *Harriet, *Negro Rusk from Affirmed. Loftin purchased man from Monroe, but WP Davis 6 TX 489 man, J. B. & Wiley P. Cherokee also sold man to WGD. WPD claimed Monroe was not owner to Wheeler Davis, Monroe, J. J. Milam Grimes sell. Meek had title from WP Davis. John Davis claims WGD Loftin, Lewis Meek, got false title from him for slave that had run away. Jury gives John McLennon man to Loftin. De Blane v. Lynch 1859 4.Property debt *slaves, Liberty Affirmed. Lynch sued for ten bales of cotton for debts of 23 TX 25 Mrs DeBlane, C W Buckley husband VdeB. Land & slaves that produced cotton separate Bell Volizard DeBlaine, property of Mrs., but debt and cotton were community property Hugh Lynch & Co. and Lynch gets cotton. De La Garza v. Bexar 1868 9. Fugitive slave *runaway, Henry, Bexar Reversed and Remanded for retrial. Justice of Peace McLeod County Juana Francisca TJ Devine claims that Sheriff Henry did not pay county for the sale of 31 TX 485 Monte de la Garza, runaway slave. JP personally cannot bring suit, only as county Morrill J.D. McLeod authority can sue sheriff. Debrell v. Ponton 1859 4. Property inherit *Sam, Mary, Andrew, Lavaca Reversed and Remanded. Mary, widow and Admin of Andrew 22 TX 686 Virgil & Joel Ponton, F Jones married Daniel C Bellows. Mary d , and Joel P, named guardian Bell C. W Debrell of minor sibs. Creditor has right to pursue debt not registered in Re: 27 TX 623 estate of AP. Debrell v. Ponton 1864 4. Property inherit *Sam , Lavaca to Reversed and Remanded. Slave Sam had gone missing after 27 TX 623 C. W Debrell, Joel Bastrop 1859, taken to Bastrop County by Bellows and hired out, or Bell Ponton, F Jones taken to New Orleans, sold? and money dwindled away. Re: 22 TX 686

Hudson database TX Sup Ct slave case decisions

Dewalt v. Snow 1860 4. Property debt *certain Negroes, Polk Affirmed. Recognizes right to sell negroes for debt of owner 25 TX 320 Elvira Snow J M Maxey debt. Bell Dial et al v. Dial 1858 4. Property inherit *Henry, Garlington Harrison Reversed and Remanded for new trustee. ID willed *Henry to 21 TX 530 Dial, G. C. Dial, Isaac C. A. Frazer children. GD pays estate for income generated by Henry, but Roberts Dial siblings claim uses for himself. Father sues for minor children's education expense. Dooley v. McEwing 1852 4. Property title *Jim , Rusk Affirmed. Dooley, Admin sued for Jim. McEwing claimed Jim 8 TX 306 Dooley, and witness supported him. Writing not necessary to convey Wheeler McEwing, Lee title, witnesses testified as to deceased’s statement. Waller Doty v. Moore 1856 8. Hire debt *slave, Panola Reversed and Remanded. Moore hired negro as reliable, honest 16 TX 592 Wm Doty, A. S. WW Morris blacksmith, but was not as per negro's testimony. Moore wants Lipscomb Moore release from hire contract. Negro testimony not allowed. Doughterty v. 1868 8. Hire debt *slaves, Affirmed. Re: Hall v. Keese (1868) Cartwright 23. Emancipation Doughterty, Emancipation Cases 31 TX 504 Cartwright Dowell v. Russell 1873 4. Property debt *Robert , Caroline Dallas Reversed. Dowell made a note for slave, emancipation came, 39 TX 400 24. Abolition, CSA Dowell J. J. Good and Caroline does not have to pay CSA note. Ogden note Drinkard v. Ingram et al 1858 4. Property debt *man, Smith Reversed and Remanded. Drinkard hired *man from Lee, who 21 TX 650 Smith Drinkard, J. H. Reagan hired *from Ingram. *Man returned to Ingram, but Drinkard Wheeler William Ingram, Mrs. owed for 8 months service. 1st trial, $70 assessed and pd to E. Ingram, Sheriff Smith for damages, 2nd trial assessed value of *man. Lee, Thomas Smith Drinkard claims pd and 2nd trial, a fraud. More detail needed. Duffell v. Noble, Adm. 1855 4. Property inherit *Missouri, *Nelley, Sabine Affirmed. Loving gave Missouri to Martha when the child was 15 TX 640 *Reuben, *Mary, born in 1845 L took child to Texas because “the child’s mother Wheeler Martha & Ansimus was so contrary that she would not go to Texas without her.” Duffell, Missouri remained with administrator for distribution. Lydia Loving Duncan v. Magette 1860 4. Property value *man, John Duncan, Matagorda Reversed and Remanded. JJM sued JD for $730 held by 25 TX 245 J.J. Magette J. H. Bell overseer who, w/out cause killed JD’s slave worth $1500. JD Roberts kept funds, Jury returned money, a loan, plus interest. JD appealed, Roberts wrote 8 pages re differs in notable decision. Dunham v. Forbes 1860 4. Property debt *Lewis, R. M. Forbes, Lavaca Affirmed. Forbes due to Lewis through right of levy, not 25 TX 23 Hezekiah, John, & F Jones property of MTD. Bell M.T. Dunham Dunn v. Choate 1849 4. Property possess *Caroline & *baby, Robertson Reversed. Choate gave Caroline to his granddaughter Nancy for 4 TX 13 Nancy Vaughn, her life. She came to Texas in 1837, and d. In 1847, Choate Wheeler Joseph Choate sought to recover Caroline.

Hudson database TX Sup Ct slave case decisions

Eans v. Sawyer 1864 4. Property inherit *Elizabeth, Sarah Fayette Affirmed. Sarah sues for Elizabeth and her hires from Eans to 27 TX 448 8. Hire debt Sawyer, G W Smith whom her father had illegally sold the woman. See Sawyer v. Bell J. M. Eans Boyle, 21 TX 28 (1858). Earle v. Thomas 1855 4. Property debt *unnamed woman, San Augustine Reversed and Remanded. Thomas has judgment against White 14 TX 538 William Earle, Iredell from Sabine for slave claimed by Earle. Bill of sale from White to Lawthon, Wheeler D. Thomas, White, to Earle, a relative allowed Negro to stay w/ elderly Mrs White. Lawthon Debt to Thomas made prior to sale. Jury for Thomas--error. Eborn v. Choate 1858 8. Hire debt *Jo, Benjamin Travis Affirmed. Eborn hires Jo from Wright. If Jo runs, Wright looses 22 TX 32 Choate, Thomas A W Terrell time—this opposite of usual law. Jo ran away at Christmas— Roberts Eborn, S. J. Wright loss of one week. Wright assumed note to Chote. Eccles v. Daniels, Adm. 1856 8. Hire debt *Negro boys, Colorado Reversed and dismissed. Gregg, admin for Gardiner, allowed 16 TX 137 Williamson Daniels, N H Munger hire to pay debt owed Eccles in 1844, but too late realizes Hemphill J. C. Eccles, Harrison error—statute of limitation. Gregg, Susan Gardner Eccles v. Hill 1854 8. Hire debt *Marian, *Missouri, Fayette Reversed and Remanded. Hill, Admin of Martha’s estate sues 13 TX 66 Martha & A. G. Hill son’s guardian, Eccles, for hire pay of Marian and Missouri, but Hemphill who does Williams pay for note and hires? Echols v. Dodd 1857 19. Offense against *Bill, HJ Munson, Burleson Reversed, Reformed. Dodd beat Bill causing his death. Echols 20 TX 190 slave, excessive Andrew M. Dodd, adm of Munson's overseer, seeks Bill's value from Dodd. Wheeler whipping, 8. hire John Echols, Williams Edmiston, Adm v. Long 1856 4. Property debt *unnamed boy, Houston Affirmed. Bledsoe owed Long, Mrs. Bledsoe, infant and *boy 17 TX 136 M.J. Edmiston, John J.H. Reagan returned to AL after Bledsoe’s death. Edmiston ordered sale of Lipscomb Long property, house and 3 acres. Widow’s portion not set aside before sale, Admin not responsibile. Edrington v. League 1846 4. Propery debt *Dick, James F. Harris Affirmed. Edrington hired Dick to L paying $500, @ 10% per 1 TX 64 Edrington, Thomas month. Illegal usury pd by service of Dick who remained w/ Hemphill League League. L loaned E $500 and gave Dick to L as collateral, but later claimed usury to not pay debt. Edrington v. Mayfield 1849 4. Property debt *Slave woman, Fayette Affirmed. Wife’s failure to register separate property did not and wife Edrington, Mayfield nullify that property. Slave of wife can not be taken for debt of 5 TX 364 husband. Hemphill Edwards v. Peoples 1840 7. Warranty heath *diseased man, Brazoria Affirmed. Edwards sold Peoples male slave that was diseased. Dallum’s 359 Monroe Edwards, Jury awarded damages of $1500, price paid. Spanish Law Mills Robert Peoples allowed sale set aside if product defective. Elizabeth v. The State 1863 18. Crime by slave *Elizabeth, Robertson Reversed and remanded. Child of Threatt killed, Ned blamed 27 TX 329 abet crime *Ned, Walker Elizabeth, she led to child’s body, both tortured. Ned guilty, new Moore Daniel, J Threatt, trial for Elizabeth. No evidence Elizabeth guilty of murder.

Hudson database TX Sup Ct slave case decisions

Ellis et al v. Mathews & 1857 4. Property inherit *Fanny,*family, Houston Reverse and remanded. HM deeded slave family to dau, but kept wife Hannah & John Ellis, J.H. Reagan possession, lived nearby, later sued for possession, bro claimed 19 TX 390 Simon & Hannah sister took advantage of age to get slaves by deed. Jury found for Wheeler Mathews, John Box, dau, but not if got deed by fraud, only Hannah’s soundness of A. J. Corley, Jesse mind at time of deed was decided by jury and not fraud. Prewitt Ellison, Guard. v. Keese, 1860 4. Property inherit *Jo, *negroes, Tho Gudalupe Reverse and remanded. Thomas Hubbard made deed of 2500 ac et al Hubbard, Wm A.W. Terrell and *Negroes to favorite children, on day he died, wife and 25s TX 83 Ellison, Francis J. other children sued for their share. Deed to avoid act on wills Wheeler Keese, Mary & Susan that all equally share. Community property ½ not determined, ¼ Hubbard Ferguson of his estate goes to children. Epperson, Guard. et al v. 1857 4. Property inherit *John, Sr, *John, Jr., Red River Reverse and remanded to probate court for distribution. Guest Mills, Guard., et al *William, *Henry, N.E. Sutton made deed in 1846 leaving property and named slaves to certain 19 TX 66 *Nance, *Emeline, children. In 1851 made will that included all. Widow and older Hemphilll *Caroline, *Angeline, children given legal share by probate court, guardian sues in *Lize, *Phillis, district court for deeded property. District judgment was for *Barton, *Gracy, deed. Hemphill says will supersedes deed and returns case to *Jonathan, Martin & lower court. John C., Ephraim, George, Martin, Ben, James, Tolbert, & Mary Guest, B. Epperson, John Mills, Epperson v. Young 1857 4. Property debt *slaves, Red River Affirmed. Case began 1846, 4th time before the Court. 1842 19 TX 475 B. A. Epperson, Hugh WS Todd Epperson delivered slaves to Young to be delivered upon Hemphill F. & Wm E. Young request. Slaves held until debt paid, more than two years, Young See Young v Epperson claims by adverse possession. Statute of limitations. Judgment 14 TX 618 for Young by jury. Erskine v. Wilson 1857 4. Property debt *two unnamed, Guadalupe Reverse and remanded. Note for two slaves given by WR to 20 TX 77 Michael Erskine, Th H. Duval ACJ, 1840. 1847 JR acknowledges note of father. 1854 TWW Wheeler Thomas W. Wilson, sues ME, heir of JR. No one has proven right to note or slaves or Augustus C. Jones, new note of 1847. See Erskine v. Wilson 27 TX 117 (1863). Winston Reausseau, John Reausseau Erskine v. Wilson 1863 4. Property debt *two unnamed, Guadalupe Reverse and remanded. Three trials in lower court. Death of 27 TX 117 Michael Erskine, A.W. Terrell payee and inheritance established. Erskine indebted to Wilson, Bell Thomas W. Wilson, but does not prove contract existed at later date. Jury decision Augustus C. Jones, not backed by evidence. Same case as 20 TX 77 for note sued Winston, John for. Reausseau

Hudson database TX Sup Ct slave case decisions

Evans, et al v. Mills 1856 4. Property title *woman, Walker Affirmed. Youngblood bought woman for his mother with her 16 TX 196 Wm. F. & J.T. Evans, P.W. Gray money, but bill of sale in his name. They disagreed; he sold her Hemphill Sarah Mills, Wm. servant to J. T. Evans, & on the same day sold to W. F. Evans. Youngblood, Suit by S. Mills to get woman back. Jury awarded to Mills. Evans, et al v. Murray, 1864 4. Property inherit *Bill, Fayette Affirmed. Same as Lafferty’s Exec. v. E.A.V. Murray 27 TX et al 8. Hire debt Charlotte Evans, Geo W Smith 372 (1864). Suit in 1857 for *Bill and his hires, son of woman 27 TX 383 E.A.V. Murray, inherited by Martha Lafferty from her father Lewis Bowdry and Moore Martha Lafferty, sold to Ragsdale in 1846, and he to Vail in 1849 who died. This Lewis Bowdry, J. C. suit brought against his heirs for Bill’s value and hires. Ragsdale, A. L. Vail Ex Parte Louisa Merry 1861 20. Proceedings for *Louisa Merry, Unknown Rendered. Denied residence. Laws of June 1837, Dec 1840, free 26 TX 23 freedom persons of color in TX Mar 2, 1836 and issue of parents who Bell live as man and wife, others not entitled to such benefits. Faulk v. Faulk, et al 1859 4. Property divorce *Louisa, *Herrod, Henderson Affirmed. K sued J for divorce in 1856. He deeded to children 23 TX 653 *Abram, * Jesse, J H Reagan the slaves that wife took from LA when she moved to TX, then Wheeler *Green, *Hester, back to LA. J T came to Texas, began ill treatment, he got *Flora, *Texas, slaves, and returned to LA. She sued. *Harriet, John Faulk, Kiziah Faulk Ferguson v. Ferguson 1864 4. Property inherit *Mary, *Sarah, Washington Reverse and remanded. RAF willed all property to children, but 27 TX 339 *Spencer, *Rachel, JEB Baylor kept total possession until his death. When father threatens to Moore *America, *Sophia sell or take out of the country, children sue. Is deed/will to *Elizabeth, N B, Wm, children a will or a deed? Elizabeth, & R. A. Ferguson, W.H. Murray, T. Murray Fitts v. Fitts 1855 4. Property divorce *Slave property, Rusk Reverse and remanded. Suit for divorce on ground of cruelty. 14 TX 443 Nancy Fitts, Division of slave and land as community property. Hemphill Oliver Fitts Fitzgerald v. Turner 1875 4. Property trade *Negro girl, Fannin Reverse and remanded for clear title. Margaret d. in 1853 before 43 TX 79 for land Margaret, Garrett, Ira, WH Andrews her husband, her heirs sue for one-half land traded by husband Roberts & J. E. Fitzgerald, for Negro when Margaret F did not sign deed. Jury to decide J. H. McCarty, Smith Turner Flanagan v. Cary, Adm 1872 4. Property debt *Hannah, *Andy, Rusk Reverse and Dismissed Begun in’65. Sequel of Little v. 37 TX 67 R. J. Birdwell, J.B. Williamson Birdwell (1858), (1864). Heirs of R J Birdwell sued 2nd wife E. Walker Richard & Elizabeth Little who claimed slaves as her separate property. Flanagan Little, J.W. Flanagan, bought slaves and held until freed, he declared bankruptcy, can’t J. J. Cary. be liable for emancipation.

Hudson database TX Sup Ct slave case decisions

Ford v. Clements 1855 4. Property inherit *Narcissa, Miranda Walker Reverse and remanded. Narcissa belonged to Clement’s mother 13 TX 591 Jane Oldham, W A Leigh who died, but Ford did not tell until on his deathbed. Statute of Lipscomb Clements limitations, ownership of slave was public record. Fowler & Clepper v. 1851 4. Property debt *16 slaves, G. W. Harris Reverse and remanded. Bankrupt owner in Alabama, B. H. Stoneum Stoneum, B. H. Halstead, deeds slaves to Fowler at sheriff’s sale and mortages 6 TX 60 5. Rights of owners Halstead, W. H. to Stoneum and takes to Texas. Will repay debt by Stoneum’s Wheeler Fowler, Wm Miller Texas agents, Julian and Samuel Devereaux. Fowler& Clepper v. 1854 4. Property debt *Jerry & *Phebe; Harris Reversed and remanded. Slave couples are listed as husband and Stoneum *Jesse & *Patsey; wife in contract declared mortgage, but past limitations. 11 TX 479 5. Rights of owners *Charles & *Judy, Mortgagee due hire. Wheeler *Solomon, Julia, *Berry, *Caroline, *Harriet, *Peninah Fowler v. Waller 1860 4. Property *Negro girl Smith Reverse and remanded. LTW wants $1,000, agreed to 1/20 of 25 TX 696 overseer Leroy T. Walker, R A Reeves crops, but fired when crops laid by. HF claims drunkard, Bell Hunley V. Fowler “unsuitable familiarity towards negroes,” unskillful management. Verdict unsupported by evidence. Frankland & Terry v. 1863 4. Property inherit *Ann & *5 children Galveston Reverse and remanded. Hallowell recovered Ann and children Hallowell et al See Clinton Terry, Chas PW Gray from from Munson, Frankland & Terry in 1854 by inheritance. Munson v. Hallowell Frankland, R P Jones, Brazoria Munson, Frankland & Terry discovered that guardian, Mrs. 26 TX 474 Charlotte McCoy, Carter, had Stevenson sell Ann in New Orleans where Jones Moore R.O. Hallowell, Dr. purchased all in 1844, brought to Texas, and sold Ann and 3 Stevenson, Mrs. older children to Munson and 2 younger children to Frankland Carter & Terry. Verdict for Hallowell not supported by evidence. Frasher v. State 1877 10. Regulation Lettuce Howell, Gregg Reverse and remanded. White man married a Negro in violation 3 TX Ct App 263 miscegenation of Frasher M H Bonner of Art 386 Criminal code (Pasc. Dig., art. 2016), 4 yrs in pen for Ector free negroes marrying a mixed blood. Tests 14th and 15 Amendments. Freeman v. Jordan 1870 8.Hire debt *slaves Wood Reverse and remanded. Suit to collect debt from hire, as no 33 TX 429 M D Ector instrument presented and no briefs included. Morrill Gaines v. Ann 1856 3. Who were slaves *Ann, Limestone, to Reverse and remanded. Thomas and Colton took Ann from 17 TX 211 looked white. Geo B Gaines, Tyler Gaines because she looked white. G got writ from sheriff, took J. Lipscomb Thomas, Colton H J Jewett her back. Only Africans could be slaves. Jury gave Ann freedom, new trial to include evidence about grandmother. Gaines v. State 1873 10. Regulation of Matt Despailler, Fayette Reverse and remanded to federal court. Gaines charged w/ 39 TX 606 freedmen, bigamy Fanny Sutton, McFarland bigamy, appealed for federal trial, m 1867 by priest, again 1870. Ogden Matt Gaines, “The constitutionality of the civil rights bill of 1866” recognized Elizabeth Harrison by the supreme court [US]” and this court. Gaines, Adm. v. Ann 1862 3. Who were slaves *Ann, white 1/8 McLennan Reverse and remanded. Ann again released by local jury, 26 TX 340 21. Proceedings for Negro, J F Davis knowing her 1/8 blood but, high court against Ann and her Moore freedom Geo Gaines guardians, Gould and Neblett, for court costs charged appellant. Hudson database TX Sup Ct slave case decisions

Gamble v. Dabney 1857 4. Property debt *Ann, *Giles, Bastrop Affirmed. Elizabeth and husband James migrated to Texas from 20 TX 69 *Mariah, *Jenny, T H DuVal MS through AK, and sold all except Negroes in Bastrop, he Roberts *Alfred, *Juda, made debts to Gamble, who got judgment for slave Ann. Slaves *Lucy, *Amanda, were part of a trust, and Elizabeth was not accountable for debts *Mary, *Linda, of husband. Elizabeth & James Dabney Garrett v. Brooks 1874 4. Property debt *Mills, San Augustine Affirmed. Brooks did not have to pay mortgage made 1 Ap 41 TX 479 Wm Garrett M Priest 1865, property no longer exists after June 19, 1865 Devine 23. Emancipation John Brooks Garrett, Adm. v. Gaines 1851 7. Warranty title *Female slave San Augustine Affirmed. In 1837, Garrett sold Gaines a slave woman, and sued 6 TX 435 O M Roberts for title, but Kenly also sued for her, trial for title, Gaines got Hemphill damages for failure of title. Affirmed, re: Legg v McNeil (1847). Geiselman v. Brown 1867 4. Property debt *six slaves, Harris Affirmed. Geiselman bought slaves from Brown, 1862, gave 30 TX 760 Samuel and Jacob B. Shropshire city lots in Houston as collateral on $5,000 note. Slaves Morrill Geiselman, warranty for life, freed, G sued to rescind contract. Brown John Brown moved to dismiss and sustained. Geiselman v. Brown 1870 4. Property debt *six slaves, Harris Reverse and Dismissed. Six slaves purchased Dec 1862 w/ 33 TX 323 Samuel & Jacob Geo. R. Scott $5,000 note at 10%, deed of trust on negroes and Lots Walker Geiselman, 1,2,3,4,5,6,7, 12 in Block 310, Houston. Dart, trustee d, slaves John Brown, J.B. freee, trustee Oliver put lots for sale, G Bros enjoined sale, case Dart, _ Oliver dismissed. Brown demanded note pd, G as CSA, appeals. George v. Stevens 1869 4. Property debt *four negroes, Louisa Wharton Affirmed. Widow taken in by CFW who for 5 years spent her 31 TX 670 A. Petty Geo & C.F. B. Shropshire money on horses, cattle, negroes, 1860 note to Stevens $1600, Morrill Whittington, Ezekiel before due, rumor of 1st wife, he left, 1863 married E. George, George, Wm. T. declared negro separate property, claimed CFW liable for note, Stevens but she kept and worked negro, acknowledged note. Gibson v. Hill 1859 4. Property debt *slaves, Henry Calhoun Reverse and remanded. Gibson recovered judgment ag Hill, for 23 TX 77 Gibson, Claiborne, S F. Jones slaves, son claims as his w/ bill of sale on day of judgment, but Bell W Hill, Wm Varnell slaves remained with father. Tried 2 times. Gilbert v. Edwards 1903 25. Legalize Eliza Gilbert, Liberty Affirmed. Children of slave marriages were legitimate heirs of 32 TX CA 460 cohabitation and Jeanette Edwards, L B Hightower their parents and could inherit their property. Daughters get Gill inheritance heirs Alice Perkins, property but not wife of stepson. Terrazine Perkins Gilkey v. Peeler 1859 4. Property inherit *Nelson Lavaca Reverse and remanded. After Rebecca’s d, who owned N? Sarah 24 TX 663 Rebecca & Elizabeth F Jones claimed that R had given to husband James, yet not in his estate, Wheeler Gilkey, James & claims by adverse possession. Witnesses incompetent as have Same as 27 TX 355 Sarah Peeler, Pleasant vested interest in outcome. &G B Harris, J. T. Eastly, Aaron Roberts

Hudson database TX Sup Ct slave case decisions

Givens v. Davenport 1852 4. Property debt *19 Negroes from TN Houston Affirmed. Negroes foreclosed upon and sold with clear title, “I 8 TX 451 sold in AL and have never known a case presenting so little difficulty in law in Lipscomb brought to TX which there was so profuse an expenditure of paper and ink.” 246 pages long. Gowings (Goings) v. 1849 4. Property possess *Sally/Sarah, & San Augustine Reverse and remanded. 1837 Loyd sues Goings for recovery of Loyd, Admin *Louisa,*Julian, from named *negroes and their increase, remained with WG until 4 TX 483 *E.H., *John, *James, Nacogdoches settled, 1838 L gets change of venue to San Augustine, 1840 Adrey Wm M. Loyd, G.W. Terrell jury for Loyd, motion for new trial 1841, find for Loyd, by S. Elijah Loyd, admn, Holman, foreman. No evidence of death of Loyd for son to Wm. Goings, come in as third party. Graham v. Gautier 1858 8. Hire death 10 slaves died of Brazoria Reverse and remanded. Gautier sues for unpaid medical bill. 21 TX 112 typhoid and measles J H Bell Graham says died because of negligence, not case for damages, Roberts and exposure but pay for services. Green v. Banks 1859 4. Property possess *Riva and child, Travis Dismissed. In 1856 Wesley Smith deeded Riva and child to 24 TX 523 Wesley Smith, J B T H Du Val Green, judgment for debt. Roberts Banks, Henry Ross Greer v. State 1858 5. Rights of owners *slave, Brazos Reverse and Dismissed. Owner could allow slaves to carry 22 TX 588 agency of slaves Stephen Greer J Gregg firearms and was not an indictable offense after Aug 30, 1856. Bell Gregory Adm. v. Van 1858 4. Property inherit *Winnie, *Champion, Tyler Affirmed. Martha sold Champion, 6, to her mother for $300 so Vleck, Adm Anna Ratcliff, Martha J M Maxey to not feed him. Husband took money, started grog shop in 21 TX 41 Betsill Woodville, but deed not filed. Martha d and her adm sued for Wheeler boy. Griffin v. Chubb 1852 4. Property debt *Ned and son, Harris Reverse and remanded. Chubb purchased Ned and son with 7 TX 603 7. Warranty Thomas Chubb note, but then Griffin claimed theft and caused arrest, but Wheeler acquitted. Chubb then sued for malicious persecution. Grinder v. State 1847 18. Crime by slave *slave, Fannin Reverse and Dismissed. Owner responsible for slave’s conduct.. 2 TX 338 murder Grinder Grinder’s slave killed white man, executed and Grinder charged Lipscomb cost of execution. Wanted state to pay ½ value of slave. Grooms v. Rust 1863 8. Hire debt *Bob, Wm, Margaret, Travis Reverse and remanded. Bob did not belong to Grooms, but to 27 TX 231 Albert Rust, G W Smith his wife and her sisters, but sued brother Wm Rust for hires, Moore Horatio Grooms although had no contract. Hirer sis not have to have title. Grumbles v. Grumbles 1856 4. Property inherit *Nat & *slave, Travis Affirmed. Isabella wants slaves by adverse possession, but the 17 TX 473 Isabella, John, Ed, & J Hancock court says they belong to Edward G. Lipscomb Benjamin Grumbles Guess v. Lubbock 1851 20. Right to *Margaret (Puss), Harris Reverse and remanded. Lubbock claimed boarding house, 10 5 TX 535 freedom Adam Smith, C. W. Buckley acres, and slaves as Smith’s admin. Margaret claims she is free, Lipscomb 22. Manumission Lubbock w/1840 release from Smith, ran boarding house, Smith’s wife, 1836 1846. Judge found all for Margaret

Hudson database TX Sup Ct slave case decisions

Guffey v. Moseley 1858 17. Actions by *Negro boy, John Lamar Reversed and Remanded for statements of facts. Fire hunting 21 TX 408 slaves Guffey, J W Moseley, W S Todd when Mosely gave Negro gun and told to shoot at eyes—was Hemphill J. McCarley, Corns, Guffey’s horse. Suit for cost of mare. J. T. Tinin Hagerty v. Harwell 1856 4. Property divorce *woman and 2 Harrison Affirmed. Spire conveyed Negro woman and children to his 16 TX 663 children, Rebecca WW Morris sister. Rebecca claimed to keep from community property—was Lipscomb Hagerty, Delilah his lover and child, “husband should trust the mother and her Harwell, S. Hagerty, children …to his own sister, rather than leave them to the J. H. Hughes injured and infuriated wife.” Hagerty’s Exec. v. Scott 1853 4. Property inherit * 8 Slaves, R, Spire Nacogdoches Affirmed. From 1838 to 1849 when Rebecca became guardian; and wife Hagerty, L. H. Scott, step father Spire possessed Louisa’s slaves for his own use. 10 TX 525 Ben and Rebecca Louisa obtained control of her inheritance. (Creek Indians) Lipscomb Hawkins Haley v. Villeneuve 1854 10. Regulation of *Haley, Calhoun Reversed and dismissed. Haley, as Free person of color obtained 11 TX 617 Freedmen creditor Villeneuve, judgment against white, who claimed Freeman was an illegal Wheeler Howerton resident. Judgment stands. Hall, Adm v. Hall et al 1853 4. Property debt *Scipio *19 slaves, Brazoria Affirmed. Began 1845 when SH claims mortgage due made in 11 TX 526 Susannah, adm, Wm, 1840, her property to WSH. to Texas, he d 1838, WDCH Lipscomb Warren & Julietta purchase at public sale lien to SH, for $9645, sold slaves. 1846 Hall, Edward Waller, SH adds purchasers, McKinney & Williams, Mills Bros, claim T McKinney, Sam & slaves by liens. Bro had judgments of $30,000 against WSH, Henry Williams, R. & applied $9645, but SH wants slaves sold and paid that amount. D. Mills WDCH not owe SH for debt. Hall v. Harris & Pease 1854 4. Property debt *Scipio &*19 slaves, Brazoria Affirmed. 1840 Hall deed to H&P as trustees to secure debt to 11 TX 300 Warren D.C. & Alcorn due 1845, 1846 H&P brought suit, slaves w/WDCH, he Lipscomb Julietta, Samantha refused delivery, wife claims separate property he sold in LA, Hall, Harris & Pease, sued for them in 1845, judgment of $5590.20, 1854 judgment to Alcorn. H&P, wife could not be covered in TX by LA law. Hall v. Keese 1868 8. Hire debt *slaves, Caldwell Affirmed. Emancipation Case decided date slavery ended June Doughtery v. Cartwright 23.Emancipation W. M. Hall J J Thornton 19, 1865, hire for 1865, partial. Slaves hired or sold on note, 31 TX 504 T. M. Keese abated to consider who got hire, note, and if required to work Morrill out hire. Affirmed. Re: Dougherty v Cartwright (1868). Hancock v. Butler 1858 4. Property inherit *Jerry, *Ann, Josiah Smith Reversed, Remanded. Claim slaves from deed of SC gr father 21 TX 804 Hancock, J H Reagan JH, granted slave to “lawful issue forever” in perpetuity, Roberts W. B. Bulter entailment, and primogeniture. Court erred. Harrington v. Moore, 1858 4. Property debt *Wade, *Celia, Rusk Affirmed. Martin, admin, held note for 2 slaves Harrington Adm Y. D. Harrington, C A Frazer bought from Simpson, Martin, passed notes to O’Hair, partner 21 TX 546 W. D. Moore, Wm H. of Harrington, claims pd, but was not. Wheeler Martin, Simpson, Wm O’Hair

Hudson database TX Sup Ct slave case decisions

Harris v. Shackleford, 1851 4. Property debt *slaves, Harris Reversed and Remanded. McGuffin owed for slaves, judgment Sampson, & Co. Robt D. and Joyce Grimes by Shackleford, Harris Co, widow and Harris give bond, slaves 6 TX 134 Harris remain w/ her, but does not deliver to auction for debt, forfeits Lipscomb bond. Widow not exec., not authorized to give bond. Harvey v. Patterson 1840 10. Regulation of *Mary Harvey, Dismissed. Harvey says she is too poor to post bond. Dallum’s 370 Freedmen, poor woman of color, Hemphill Jno Patterson Hatch, et al v. Dunn 1854 11. Status in *servants, Victoria Affirmed. Dunn had servants and land grant in Hewitson 11 TX 708 general John Dunn, Colony. Hatch moved onto land and claimed that Dunn did not Wheeler Hatch own all of it, because he was not a family man. Mexican law included servants as family, Dunn owns all land grant. Hawkins v. Lee 1858 8. Hire debt *Peter, *Zack, *5 Bexar Reversed and Remanded. Hawkins claims hired slaves by 22 TX 544 4. Property owner slaves, R. C. T J Devine adverse possession, but owed minor children for hire of 7 slaves Wheeler Hawkins, Martha Lee, of 5 years, but Lee as guardian sues for children.. Mary James, W, K,, Ellen, Martha, & W.K. English Haynes v. Stovall & 1859 4. Property debt *slaves, Harrison Reversed and Remanded. Martha had land, slaves, CG had wife Martha Stovall, C. G. C A Frazer debts, RRH sues for $183.51 based on Christmas v. Smith 23 TX 626 Stovall, Robt R. (1853) whose debts were for use of wife, children, and separate Bell Haynes property. This debt his, suit must be against him. Haynie v. Baylor 1857 6. Duties and *Armstead, Fayette Reversed and Remanded. Baylor hauled freight for Haynie, w/ 18 TX 498 Liabilities of J. A. Haynie, J H Bell Armstead as slave driver, freight lost in fire $596.82, claimed Wheeler owners. Slave Wm Baylor cost, opinion of witness not fact. hauled goods. Hearne v. Erhard, et al 1870 14. Inheritance by, *Asaline Hearne, Robertson Reversed and dismissed. Erhard cannot join suit by Cundiff who 33 TX 61 from, or through Sam, *Jones Hearne, A H Davis sold E land that C had filed suit for against slave wife of Sam Walker slaves Wm H. Cundiff, Hearne, A(s)zaline in 1857. Sam left 800 ac Brazos bottom to C. Erhard slave son Jones H, who d. after war. Hearne v. Pendergast 1884 14. Inheritance by, Asaline Hearne Robertson\WD Dismissed. Local judge did not sign off on appeal. For complete 61 Tx 627 from, or through Wood story of Sam and As(z)aline, see Baum, Counterfeit Justice Willie slaves Hedgepeth v. Robertson 1857 5. Rights of owners *John, H. B. Austin Affirmed. John removed some rail fence to get owner’s wagon 18 TX 858 agency of slaves Hedgepeth, J H Bell out of mud, overseer Hedgepeth threatened John with beating or Wheeler A. W. & R. L. Hood, death. John ran, shots fired, he disappeared in river. Local jury Jared E. Kirby, Joseph gave owner damages for loss of slave, whether ran away, White, Felix drowned, or was killed by overseer. Robertson Herbert v. Butterworth 1859 5. Rights of owners *slaves, Colorado Reversed and Remanded for more testimony. Fired overseer 23 TX 250 overseer C. C. Herbert, J H Bell sues for pay, owner claims neglected slaves, horses, and crops. Wheeler W. E. Butterworth Hudson database TX Sup Ct slave case decisions

Hill v. Fairfax 1873 25. Legalize *Anna Hill, Harris Reversed and Remanded. Anna Hill, slave, and Solomon Fairfax 38 TX 220 cohabitation, Solomon Fairfax, J Masterson lived together as man and wife until 1869, acquired property. He Walker miscegenation Charles Shearn abandoned her. Slave wife had right to ½ of community property. Clements v Crawford (1875)—overturned this decision. Hill v. McDermott 1841 4. Property debt *Priscilla, *Sylvia, Brazoria Reversed. Elizabeth McDermott owned Priscilla and Sylvia, but Dallam’s 419 W.G. Hill, E S. her husband mortgaged them. Hill took them for debt after Hutchinson McDermott, W. Sledge d. TX law applies, not GA where husband owned wife's Sledge, S. D. Byrom, property upon marriage, recover property or their value from J. Chafin Hill. Hill, Adm v. Townsend, 1859 4. Property inherit 18 *Negroes, Fayette Reversed and Remanded. NC law, daughters do not inherit, but Adm I. L. Hill, J. T., S. R J Townes husbands did. POA given to Little who sold Texas slaves to 24 TX 220 Townsend, B. & B. R. Oliver who then sold to Thomas, while Hill, adm claimed slaves Bell Thomas, P. R. Oliver, by adverse possession, and sold all but two slaves. Must decide M., J. B. Gill, N. & if POA to Little was legal, and if Little transcended power in G. G. Egerton, J. J. sale of slaves to Oliver. Little, Armistead, Grayson Hillard v. Franz, Adm 1858 7. Warranty title *daughter, Matagorda Reversed and Remanded. When he married, CF. gave slave 21 TX 192 22. Manumission Fitzgerald, J H Bell daughter to sister Caroline Hillard to raise and to free. F died Roberts of natural daughter. Conrad Frantz, and his Adm. sued for return of the girl. Hillard got the child to Caroline Hillard rear and free according to the laws of TX. Hillyard v. Crabtree, 1854 8 Hire debt *slaves of Hillyard, Austin Reversed and Remanded. Crabtree contracted to build mill and Adm Crabtree, Johnson cotton press for $450, became ill and died before complete, 11 TX 263 Johnson finished. Admin sues for contract and jury awarded Hemphill $50. Get true value of work done/use of Hillyard’s slaves. Hines v. Perry 1860 4. Property *Allen, Harrison Reversed and Remanded. Wife sues to get children’s slave that 25 TX 444 possession M. Hines & C A Frazer 2nd husband sold. Court did not allow testimony of Allen, “I Bell 7. Transfer children, have heard the white folks say that I belong to his children.” The Illegal J. Hines, “law does not treat a slave as property merely, and incapable of J. D. Perry, doing any act which will affect others. The law recognizes a P. Fulgham slave as competent to act as the agent of his master...” Hinton v. State 1859 5. Rights of owners *slaves, W. J. Hinton, Falls Affirmed. In laws fight in a night of drinking, H killed W in 24 TX 454 P. C. Whittaker, NW Battle anger because W had slaves and H was not going to allow W to Roberts Covington order him about. W had tried to get bro-in-law to go home. Hogan v. Kellum 1855 5. Rights of owners *slave; Harris Reversed and Remanded. Dr Kellum’s slave rode his mule to 13 TX 396 agency of slave James B. Hogan, Dr Houston Staley’s Brickyard on errand, Cotton found mule but Wheeler Nathaniel K Kellum, claims he purchased from Kellum, Sheriff Hogan took mule to James Cotton, livery stable, Kellum tries to reclaim his mule, 3 traials over the Thomas, mule, judgment for $150 ag sheriff, mule returned to Kellum.

Hudson database TX Sup Ct slave case decisions

Holliday, et al v. White 1870 4. Property inherit *20 slaves named in Harrison Reversed and Remanded. AGS deeded land to children in 1861, & wife will, L. Holliday, J B Williamson an advancement on inheritance, retained life estate, recorded 33 TX 448 Evans, Albert G., deed, son Wm d, 1863 AGS and wife Sarah sold land and slaves Walker Wm, Sarah, Susan, to RJW & wife for $12,000 in CSA notes, 1866 AMB went into Edward, Garlinton & possession of land as tenant, Scoggins children sue for share Scoggin, Sarah M. under deed of 1861, charge AMB with waste. Mrs Scoggins Scoggin deeded her share to White in ’63, children get 1/6 share after R. J. White & wife, A. giving mother her share, but father’s share sold his to White. M. Burnham Reversed and remanded to proceed with this opinion. Holliman v. Carroll’s 1863 4. Property debt *two girl slaves, Jasper Affirmed. Eliza sued sheriff in 1854 who seized two girl slaves Adm. Sheriff takes F. Holliman, E. A W O Hicks claimed they belonged to H C Pedigo by judgment against 27 TX 23 women’s slaves for Carroll, C. Martin, Catherine Martin and Mary Ford, sheriff seized wrong slaves, Wheeler debts of others. Mary Ford, Z. Eddy, and returned to estate as property. J. E. Armstrong, R. C. Doom, M. Middleton, Hollis & wife v. 1851 4.Property debt *2 Negro slaves, San Augustine Affirmed. 1845 Hollis purchased wagon, farming supplies, 3 Francois and Border Elizabeth Hollis, Wm mules with mortgage deed on slaves. Did not pay, claimed her 5 TX 197 Hollis, John B. Love property, but she signed note, slaves can be taken for payment. Hemphill Honey v. Clark 1872 25. Legalizing *Sobrina Clark, John Wharton Affirmed. Clark came to Texas 1830 and lived with slave 37 TX 686 cohabitation and C Clark, Bishop Fort Bend Sobrina until he d in 1862 left estate $½ million. With no legal Walker issue of former Clark, Lorinda Clark, W H Burkhart heirs, admin gave to state in 1866. She d 1869. Four sets of heirs slaves. Nancy Clark, J. B. sued. In 1871 Bishop Clark and sisters sued as children under Overturned see: Miscegnation, Wygall, D. Owens, Const of 1869, her previous children sued. Jury gave estate to Clements v Crawford mixed children’s L. Owens, G. W. children. They were married in common law, and children (1875) right of Honey, A. Kinchloe, inherit from parents. Overturned by Clements v. Crawford inheritance. Pleasant Ballard (1875). Hooper v. Brinson 1847 8. Hire debt *slave, Shelby Affirmed. Arbitration found that Brinson recover from Hooper 2 TX 185 Richard Hooper, $433 w/ $253 interest & costs of suit in 3 mo to delay payment. Lipscomb Matt Brinson Trial for recovery of hire 6 months later at 10%. Hope v. Alley 1872 8. Hire debt *two slaves, Colorado Reversed and Remanded. Hope hired two slaves from Alley 39 TX 94 Hope, who did not deliver them and he claimed loss, try for breach of Lipscomb Alley hire contract. Hopkins v. Wright 1856 4. Property Inherit *40 slaves, Travis Red River Reversed and remanded for place of domicile of husband at time 17 TX 30 Wright, of will and death. Mary sues for 1/3 husband’s Texas estate Hemphill J. D. Wortham, although she or children never left Va. Brother in law has A. Hopkins, adverse possession of land and slaves, claims is exec., she must Mary S. Hopkins sue for her share of husband's estate.

Hudson database TX Sup Ct slave case decisions

Horne, Adm v. Puckett 1858 4. Property debt *Jim, McLennan Reversed & Remanded. Adm claims bill of sale a mortgage lien 22 TX 202 Wm Horne, James L. N W Battle as *Jim worth more than debt of $380. Puckett claims purchased Wheeler Horne, Layton F. for $1500 w/ warranty and title, pd taxes on. No doubt JFP Puckett owned. Jury received improper instructions. Horton v. Reynolds 1852 5. Rights of owners *Tom, *Ephraim, 25 San Augustine Affirmed. Reynolds charged Horton with taking slaves in 1840 8 TX 284 theft of slaves *slaves, A. Horton, C. Special Court w/ by duress—threat to kill. R d., and C Ennis and E C Reynolds, Parsons 8. Hire Ennis, R. C. & G. W. Hemphill & adm made parties. AJS, agent of Smith of Miss got warrant from Reynolds, A. J. Rogers HG, and sheriff H Catlin went to camp and got negroes, plus Shropshire, H. Good, *Tom and *Ephraim, property of Reynolds. Horton must return A. F. Smith, H. 2 slaves and pay Reynolds their hire since time demanded, and Catlin. court costs. Houston & TCRR v. 1882 25. Legalize Spencer Baker, Washington Reversed & Remanded. Spencer Baker sues, his son killed on Baker cohabitation, Lee Baker EJ Turner RR as brakeman. Was slave when fathered the son, mother died 57 TX 419 inherit before emancipation, son inherits from father, not father from Watts son even if son supported father. Houze v. Houze 1855 4. Property inherit *Primera, Rusk Reversed & Remanded. Suit by Sarah H ag John W.H, exec of 14 TX 232 *Hannah & children, JH estate, for a wagon and yoke of oxen in JWH possession, Wheeler *16 slaves, Sarah willed to SH as life estate by spouse, of 369 ac, home, Primeras also see 19 TX 554; 16 Houze, J.W. Houze and Hannah and children, household and kitchen goods, stock TX 598 w/ provisions for a year. Jury for son, JWH. Houze v. Houze 1856 4. Property inherit *Primera, Rusk Reversed and Remanded. Sarah sued John H, exec to have 16 TX 598 *Hannah & children, W.W. Morris certified copy of will of JH probated in Rusk County. JH died in Wheeler Sarah Houze, Heard Co, GA where will probated, son, JWH, exec, objected to also see 14 TX 232; 19 J.W. Houze copy v county record book (impossible), and sustained. Appeal TX 554 by error, certified copies OK, new trial w/ will allowed. Howze v. Howze 1857 4. Property inherit *Primera, Rusk Reversed and Remanded. Howze left Rusk Co TX property to 19 TX 554 *Hannah & children, Frazer 2nd wife for life and to his children. Surplus stock to be kept Roberts; also see 14 TX 16 slaves, Sarah, J.W. until children came of age and then divided equally among 232; 16 TX 598 Howze them. Sarah does not get wagon and oxen Hubby v. Stokes 1858 7. Warranty health *Sarah, Bell Affirmed. Stokes claims that Hubby sold diseased and mentally 22 TX 217 Hubby, Stokes NW Battle retarded (imbecile) girl to him, and wants refund for her price Wheeler and medical costs. Hughes, et al v. Roper 1875 8. Hire debt *40 Hands, *16 slave Cass Affirmed. Roper claims WPH owed for cotton sold, and hire of 42 TX 116 children, J D McAdoo negroes, and work done in 1860. Prior to land seized for the Gould W. P. Hughes, Reece $1900 debt in 1870, RH Sr deeded all property to children Hughes, Sr, Reece Jr, except homestead of house & 200 acres. Sons of 1st wife sue to Ben, Howell, Bettie, prevent sheriff sale for debts of 2nd wife. At d of 1st wife 1853, Mary Hughes, had 40 hands, 16 slave children, $30,000 gold, $150,000 in land, Thomas Roper, J. R. separate property of 1st wife. Debts incurred during 2nd McKenna marriage. Jury finds can sell property bought during 2nd marriage for debt. Hudson database TX Sup Ct slave case decisions

Hunt, Adm v. 1858 4. Property inherit *Betsy, Lindsay, Galveston Reversed and Remanded. Butterworth claimed slaves by Butterworth, et al *Billy, *Alexander N H Munger inheritance, Hunt, Adm, for John Bennett, claims slaves for 21 TX 133 E.P Hunt, J. H. debts until that paid by slave hires. Wheeler Bennett, Samuel Butterworth Hunt, Adm. v. White, 1860 22. Manumission *Harriet, *Amanda, Jackson Reversed and Remanded. William Bracken manumitted his next friend of slave children *Charles, *Eliza F Jones slave children in deathbed will, left property to adopted wife 24 TX 643 on deathbed fails. Sneida, W. Bracken, Elizabeth Sneida and all effects be divided between slave Wheeler. S. A. White, W. Hunt, children and wife. Jones so ordered, but white family appealed, James Kerr,Elizabeth, Bracken did not provide for slave children removal from the Mary, Robert state and remain property of white relatives. Huston v. Curl 1852 4. Property debt *Amy, San Augustine Affirmed, AH lost Amy in judgment from TC, wife claims Amy 8 TX 240 Elizabeth Huston, as her spearate property, Wife failed to prove *Amy purchased Hemphill Almazon Huston, w/ her separate funds. James Perkins, Thomas Curl Hutchinson v. Owen 1857 8. Hire debt *Negroes, C.Y. Gonzales Affirmed. Notes for hire of Negroes for farm. Motion not 19 TX 287 Hutchinson, wife F Jones granted, stay not filed in due time. Roberts C. L. Owen Hutchison v. Mitchell 1873 4. Property debt *28 unnamed Negro Robertson Affirmed. Nov 1852, Dr M, free from debt conveyed land and 39 TX 488 slaves, C.S. J B Rector 28 slaves to Douglass to hold in trust for Eliz M for her sole and Walker Hutchison, Dr James separate use. 1858, Dr M w/ Douglass purchase plantation from Mitchell, Eliz H. Bennett and made part of trust. Walker says see Magee v White Mitchell, Wm 23 TX 191, for Bell’s review of cases on separate property of Douglass Henry J. married women in Texas. She did not owe husband’s debt. Bennett Ingram v. Atkinson 1849 6. Duties and *Jerry, *Nat, Ingram Victoria Affirmed. Same as Ingram v Linn. Nat belonging to Poage 4 TX 270 liabilities of and wife, estate enticed Jerry to the Guadalupe River and there Jerry Wheeler owners Atkinson and wife, drowned. Ingram wanted Jerry's value. 17. Actions by or T. H. Poage Estate against slaves Ingram v. Linn, Adm. 1849 6. Duties liabilities *Nat, *Jerry, Ingram Victoria Affirmed. Nat enticed Jerry to the Guadalupe, where he 4 TX 266 of owners and wife, Linn, adm drowned. Ingram claims owner responsible for slave's behavior, Wheeler 17. Actions by or of Poage Estate but Wheeler writes, “The common law rules as to the liability of against slaves the master ...The master is liable for the acts of his servant only while the servant is acting in the master’s immediate employment or under his authority.” Jack v. State 1861 18. Crime by slave *Jack, *Nicey, Guadalupe Affirmed. Jack killed his slave wife Nicey. Jury found Jack 26 TX 1 murder E. H. Williams A W Terrell guilty. Jury found unanimous guilty and judge sentenced to be Bell hanged. Jury found ½ value for compensation to owner.

Hudson database TX Sup Ct slave case decisions

Johns v. Johns 1875 4. Property divorce Johnson Johns, Rockwall Affirmed. Johns claimed that he married Mary Ann under duress 44 TX 40 Mary Ann Johns M J Bonner and wanted marriage annulled. She claimed he promised to Reeves marry her when he seduced her. Found he married her freely. Johnson v. Blount 1878 4. Property debt *Bob, J. B. Johnson, San Augustine Affirmed. 1863 Blount gave Johnson $2000 note for *Bob due 48 TX 38 E. A. Blount Geo Lane 1864, pd in CSA. Johnson wants $2000 in 1871, Blount claims Roberts value CSA was 20/100. Jury found owed $100+interest @ 8%. Johnson v. State 1870 10. Regulation of Jake Johnson, Harris Several Negroes indicted for murder of Loveland. Johnson 32 TX 205 Freedmen crime by John Jemison, S Dodge claimed that the court had no authority as Dodge was not elected Walker Dock Wheeler, but appointed by J J Reynolds of Army of US. Affirmed. Martin Jules Mitchell, v State (1856). B. W. Loveland Johnston v. Powell 1870 4. Property debt *Negro woman & Robertson Affirmed. Began 1857, in Dist Ct in 1859. Powell traded 34 TX 528 child, John Gregg Johnston a Negro woman and child, bounty land grant deeded to Walker J. Johnston, Wm Wm Peterson, and $1600 note for 553 acres in Falls Co., Peterson, W. Powell Johnston did not own grant and also conveyed to John Fortune. Previous owner, deeded to Montgomery. Contract set aside. Johnston, Adm. v. Davis 1869 8. Hire debt *slaves, W. R. Caldwell Reversed and Remanded. Claim of hire of slaves from April 32 TX 250 Johnston J J Thornton 1863 to June 1865, claiming that slaves were free January 1863. Lindsay J. Davis Hall v Reese (1868) settled emancipation June 19, 1865. Jones v. Laney 1847 3. Who were slaves *Laney, *children, & Lamar Affirmed. Laney, a slave of Chickasaw James Gunn who freed 2 TX 342 22. manumission *grandchildren, James her, lived in Choctaw nation. In 1842 widow Gunn sold Laney Lipscomb & Molly Gunn, R. M. to Jones. Widow and children claim Laney. Laney and her Jones, James Colbert, children are free. Choctaw Indian law upheld. Rhoda & J. B. Potts Jones, Adm. v. 1849 4. Property debt *Charity & *six Bowie Affirmed. Heirs claim Charity and her six children. In will, T Thurmond’s Heirs children, M. H. Jones, left C to wife Judith, and heirs. He d in 1828 and Jones took C 5 TX 318 Campbell Oakley, in 1829 as T mortgaged Charity in 1823, but Oakley paid and Wheeler Richard, Judith sold to Jones who had possession. Heirs get Charity because of Thurmond their legal title. Kendrick, Guardian v. 1864 4. Property debt *Emanuel, *Ann, Cherokee Reversed and Remanded. Kendrick claimed Negroes as property Taylor & Hart *Eliza, F. M. R A Reeves of his wards, children of Sarah J. Bloomfield, the wife of James 27 TX 696 Kendrick, who mortgaged to Taylor and Hart. Debt made after exchange, Bell Taylor & Hart, but merchants can expect amount for James' estate in Emanuel. James T. Bloomfield Kennedy v. Morrison 1868 8. Hire debt *two slaves, Bastrop Reversed. 1865 WGK filed suit for $5530 and levy on property Morrison v. Kennedy W. G. Kennedy, C. H. Ireland of CHM, w/ sheriff seized 20 bales cotton, 20 mules and four 31 TX 208 Morrison wagons for debt, hire of two slaves @ $250 in 1863. M pd bail Morrill bond, recovered property, then M filed attachment claims WGK Lindsay, dissenting indebted to him. 32 pps opinions, ag WGK and bond sureties.

Hudson database TX Sup Ct slave case decisions

Kessler v. Robson 1856 7. Warranty health *slave diseased, Colorado Affirmed. Kessler purchased boy for land, unsound slave, got 16 TX 119 Robert Robson N H Munger land back, Robson got defective slave. Hemphill Charles Kessler Kingston v. State 1860 10. Regulation of *Slave, Gonzales Reversed and Remanded. Kingston bought five Shanghai 26 TX S116 slaves, sale of S M Kingston F Jones chickens from slave without the written consent of owner, Bell property although son of master was along, show value, proof of value. Kirkman v. Hendrick, 1852 4. Property debt Obadiah Hendrick, Harrison Affirmed. Note of October 1841 past act of limitations of 1845 Adm Gabriel Moore, Morris (Hart’s Dig. Art 2399). 8 TX 253 Kirkman Hemphill Knapp v. Mills, Adm 1857 4. Property debt *Slaves, John G. Washington Affirmed. Began 1857 on 1855 note due 1856 w/ judgment by 20 TX 124 Knapp, Lewis, & R. E. B. Baylor default against JGK, Lewis & McNeese for slaves purchased by Justice not given McNeese, Joseph T. JGK from Mills, Adm., JGK to pay 12% int if Mills not levy Mills judgment, then sues for usury. Lafferty’s Exec v. 1864 4. Property inherit *Bill, Charlotte Fayette Affirmed. Same as Evans. v. Murray et. al. 27 TX 383 (1864). Murray, et al 8. Hire debt Evans, E.A.V. Geo W Smith Suit in 1857 for *Bill and his hires, son of woman inherited by 27 TX 372 Murray, Martha M Lafferty from her father L Bowdry and sold to Ragsdale in Moore Lafferty, Lewis 1846, and then to Vail in 1849 who died. This suit brought Bowdry, J.C. against his heirs for Bill’s value and hires. Ragsdale, A.L. Vail Lambeth v. Turner 1846 4. Property debt *Negro slaves, Wm Red River Reversed and Remanded. J indebted to WL, slaves in possession 1 TX 364 Lambeth, Thompson, of Turner, agent, Sellers overseer. Crops shipped to WL to offset Lipscomb S.S. Turner, debt. J dies. Turner took slaves from MS to TX in 1844, claims Jones, Sellers no debt. Contract broken. Lane v. Ellinger 1869 7. Warranty health *slave, Bastrop Dismissed. Suit began 1861 on soundness of slave purchased by 32 TX 369 J.H. Lane, Chas. David Sheeks CE from JHL, not to trial until 1869, w/ verdict for Lane. Lindsay Ellinger Judgment not rendered. Lane moved for judgment, w/ no final judgment, no appeal. Langford v. The State 1852 4. Property possess *Negro woman, John Grayson Reversed and Remanded. Langford charged with theft of woman 8 TX 116 Carpenter, worth $500, given one year pen, he claimed he hired her, no Wheeler Langford, Carter proof that woman's value was more than $20. Latham v. Pledger 1853 4.Property debt *slaves, Wm Pledger, Matagorda Affirmed. Latham seeks $366.66 for goods sold Pledger’s son as 11 TX 440 Mrs Pledger, Charles overseer, to be pd with cotton slaves raised. She claims son not Hemphill Messerr authorized, she insolvent and not responsible for debts of son. Latham v. Selkirk 1854 4. Property debt *slave, Wharton Affirmed. Selkirk has judgment against Betts and Spooner and 11 TX 315 L. J. Latham, he gets slave, fourteen churns, and a horse taken for debt. Lipscomb James H. Selkirk, Charles S. Betts, Geo W. Spooner

Hudson database TX Sup Ct slave case decisions

Lawson & wife v. Barre 1851 4. Property debt *20 30 slaves, John S. Wharton Reversed. Barre sued Lawson for construction of gin and press 6 TX 218 Lawson, Ann H. to be pd from crop. Wife owned slaves, sold gin w/note payable Hemphill Lawson, Barre to Lawson. Court gave Barre judgment ag her property, Lawson appealed, Barre must collect from husband who made debt. Legg v. McNeill and 1847 8. Hire debt *slave, John G. Legg, Colorado Affirmed. Legg tried to recover a slave from McNeil who Boyce Angus McNeill, J. R. claimed to have hired the slave from Boyce. 2 TX 428 Boyce Lipscomb Lemmon v. Henley, et al 1866 4. Property title *Negroes, Tarrant Reversed and Remanded. Suit 1858 on note by JSH payable to 28 TX 219 McMullen heirs, Nat Burford AJB, JSH resold negroes to different buyers w/ warranty of title, Smith R. A. Lemmon, J. A. but claimed by McMullen heirs. AJB suit for note, Jury in favor & J. S. Hanley, of JSH. McMullen heirs want slaves’ worth. JSH no right to A. J. Burk introduce evidence that took plaintiff by surprise. Lester v. State 1877 10. Regulation of *Woods McLellan, Milam Reversed and Remanded. GL charged with 1876 murder of 2 Ct Ap 432 Freedmen, murder R. J. Houston, Ford WMcL, a Negro who lived on L’s farm. WMcL had L arrested White of Geo Lester, S. M. for carrying pistol and assault on RJH, when let out on bail, shot Kimble, Horace McL, guilty of murder by jury, automatic death sentence. Judge Reasley, Dock Price, did not instruct as to consequence of verdict. J. T. Price, J. Lamkin Lewis v. Castleman 1864 4. Property debt *Burrill, *John Fayette Reversed and Remanded. Hill gave Negroes to daughter Lewis 27 TX 405 *Hannah, Leonora & Smith to prevent recovery and earlier had transferred title to Carradine. Moore C. D. Lewis, W.J. Castleman took lein from Hill and pd for Burrill with sale of Hill, G.R. Carradine, Johnl, Lewis claimed Burrill was hers to defraud creditors. Jack Castleman Linney v. Maton 1855 10. Regulation of *Michael Linney, Liberty Reversed and Remanded. Suit for Libel. Linney called Maton a 13 TX 449 freedmen Julia Maton whore and Maton called Linney, a Negro. Maton sued for Wheeler damage to her reputation. Wheeler saw as excuse to get Linney's property. Little v. Birdwell 1858 4. Property inherit *Hannah, *Andy, Rusk Affirmed. See also Little v. Birdwell (1864); Flanagan v. Cary 21 TX 597 Elizabeth Ball Little, Frazer (1872). Wife paid debts of deceased husband to keep Negroes Wheeler R.J.,W.H, Jane, Sarah that husband left to her in his will unless she marries. She Birdwell, Martha married Little, Ball children want the land inheritance of their Bagley, Mary A. Cox, father. Eliza Murchison Little v. Birdwell 1864 4. Property inherit *Hannah, *Andy, Rusk Affirmed. Wife marries Little and Ball children get father’s 27 TX 689 Elizabeth B. Little, C.A. Frazer inheritance. Wife sues for homestead, Flanagan gave bond and Moore R.J., W.H., Jane Ball, held slaves during trials, slaves freed, wife sued for hire, Sarah Birdwell, Flanagan bankrupt, not responsible for emancipation. Wife Martha Bagley, Mary waited too long to file for homestead and funds out of estate. A. Cox, Eliza See Little v. Birdwell (1858); Flanagan v. Cary, Admin. (1872). Murchison Hudson database TX Sup Ct slave case decisions

Livingston v. Williams 1890 25. Legalizing *Fannie, Washington Affirmed. Moses lived with Fannie as married, but also 75 TX 653 cohabitation, *Malinda, cohabitated with Malinda and her children at the same time. Stayton bigamy *Moses Livingston After emancipation, he left Fannie for Malinda until their d, but also with Fannie sometime. Who gets his property? Loggins v. Buck’s 1870 8. Hire debt *Jim,*Betsy Austin Affirmed. Loggins hired plantation and Negroes of Mrs. Howeth Admin. E.S. Buck, Mary, Wm McFarland Nov 1860, 1861, 1862, 1863, Admin sued for payment of 1863 33 TX 114 Howeth, Jesse Jones and jury agreed. Lindsay F.R. Cook Love v. Robertson 1851 4. Property inherit *Peter, *Finn, Washington Reversed and remanded. Felix, Mary’s son sues for two slaves, 6 TX 6 *Sam, *Mart, Peter and Finn, claiming they were father’s and his property. Wheeler *Jack, Mary R. Love, Widow had a community interest in part of value and hire which Jonathan Robertson, the court should have adjudged to her on sale and hire of Finn. Felix Robertson Love, Adm v. Wyatt, 1857 4. Property inherit *Moses, John, Robt. Rusk Reversed and remanded. Suit by adm of son, Robt. Against Adm Woodall Morris admin of father, John, to recover Moses. Who owned Moses? 19 TX 312 Wheeler Lovett v. State 1857 5. Rights of owners *Sam, *Jack, Upshur Reversed and remanded. Lovett indicted for attempting to steal a 19 TX 174 enticement *Mart, Samuel C A Frazer slave and enticing him to run away. Evidence shows suspicion Wheeler Lovett, Shepperd, but not enough for conviction. Cleaves, Duncan, Brown Luckett v. Townsend 1848 4. Property debt *Richard, Travis Reversed and remanded. Richard mortgaged or pledged for 3 TX 119 A.W., N.M. Luckett, Bastrop $1000 and Townsend sold to Moore. Hemphill explains Wheeler Nath’l, Townsend, Colorado difference, orders new trial after four previous trials. Thos. Moore Fayette Luter v. Hunter 1868 5. Rights of owners F. Luter Goliad Affirmed. 30 Aug 1861, CSA “sequestration of the estates, 30 TX 688 Sequestration Case W. L. Hunter E P Upton property, and effects of alien enemies.” CSA collected debts Hamilton owed Unionists. Stay laws aid the rebellion and unconstitutional null and void. Also see Canfield v Hunter; Culbreath v Hunter. Lynn v. Busby 1877 4. Property inherit *Ralph, Freestone Reversed and remanded. Same Busby v Lynn (1872). EB deaf 47 TX 600 David Busby, Milton and bro Milton gave extra share to son David to care for EB, Roberts Busby, Edward *Ralph freed in 1865, DB d. Milton’s will was for each child to Busby, get equal share, and if DB d before EB, neices would care for. Elizabeth Lynn, Previous trial, 559 acres encumbered to pay $300 yearly for EB Malissa Davis whether needed or not. Sisters given $3,000 land ea earlier, land of DB and EB valued at $8,000. EB left care of neices and sued for annual income. Jury found EB owed $1771.68 since 1868.

Hudson database TX Sup Ct slave case decisions

McClenney v. Floyd’s 1853 4. Property debt *Negroes, Montgomery Reversed and Remanded. McClenney gave Negroes to Knight to Adm. McClenney, take to TX, and avoid debt. K was arrested in TX. Arbitration 10 TX 160 Knight, Floyd, gave slaves to McClenney and Floyd, but McClenney had sold Wheeler McGown slaves to McGown, and Floyd’s Admn sued for Negroes. McClenney v. 1848 4. Property debt *Negroes, James, Walker Affirmed. SGM conveyed to JMR Negroes in trust for certain McClenney W.D. & Stephen debts, and sell if not pay off. SGM brought to Texas and deeded 3 TX 192 McClenney, Jos. to Floyd, father in law, but retained possession. Court dismissed Lipscomb Floyd, J.M. Rawls all charges. McCulloch v. Renn 1866 4. Property inherit *Bettie, *children Lavaca Affirmed. Bettie and children purchased by NAJ, M a of GAR 28 TX 793 G.W, James, Nancy F Jones and JHJ. NAJ married CFM and they deeded Bettie and ch to Smith Johnson, Robt children, but sold to mother Mary Carson. Children sue for McCulloch, Rufus, possession as adults in Texas, but RM got Bettie upon Carson’s Geo, Ann Renn, Chas death, held for seven years. Jury gave Bettie and children to F McDade, Mary GAJR and JHJ. No statue of limitations because children were Carson minors. McDaniel v. White 1870 7. Warranty debt *Negroes, B. H. Grimes Reversed and Remanded. Note made 1860, warranty for life, so 32 TX 488 24. Abolition McDaniel, N H Davis not pay. Slavery ended June 19, 1865, see Hall v Keese (1868), Lindsay Joseph White note 1860 in $ must be paid, minus payments. McDonald v. McGuire 1852 4. Property possess *Washington, Houston Reversed and Dismissed. TJM given slave, but taken from her 8 TX 304 Mrs. Thompson and years later found miles away on the Trinity. Slave dies in Hemphill Johnson McGuire meantime. Statue of limitations, no fraud proved. McFadden v. Vincent 1858 4. Property debt *Leven, *Joe, Harris Affirmed. McFadden sold V plantation and made note 21 TX 41 Vincent, P W Gray transferring slaves to trustees if not pay. Did not make crop and Roberts B. C. Jones, was hounded by creditors. Claimed weak mind. Jury agreed. Abner Jackson, S. Strobet, McFadden McFall v. Walker 1860 7. Warranty health *Lucy, R. W. Walker Cass Reversed and Remanded. W sold L to McF, warranted in good 25 TX 328 J. L. McFall W S Todd health, not bear children due to abortion. L died of consumption, Wheeler disease of womb. Jury should decide if disease result of injury. McGary v. Lamb 1848 8. Hire children *Slave children hire, Walker Affirmed. Step father, JMcG enslaved girl, SL, on her land, 3 TX 342 Jonathan McGary, charged room, board, cost of clothes. B. Robinson sued for girl, Lipscomb Susan Lamb she gets ½ land, no charges as slave children pd @ $4 mo, @ 5 yrs get food and clothes provided. McGee v. Currie 1849 8. Hire debt *Slave, Dr. Currie, Polk Reversed and Remanded. Hired slave to Hicks & Bailey. Hicks 4 TX 217 Wm. C. Hicks, Bailey too drunk to testify. Hicks should pay Dr bill as in AL, TN, and Lipscomb KY hirer is responsible. McGehee v. Shafer 1852 5.Rights of owners *slave, Caldwell Affirmed. S spent night at McG’s, teased slave about taking 8 TX 21 enticement C. V. Shafer away, M beat S, S sued. Jury awarded $1000, no justification for Wheeler 9.Fugitive T. G. McGehee beating.

Hudson database TX Sup Ct slave case decisions

McGreal v. Wilson 1853 8. Hire debt *70 Slaves, Peter Brazoria Reversed and Remanded. Wilson sued McG for slave hires in 10 TX 426 McGreal, Wilson, procuring slaves in possession of S, McG had no right to make Lipscomb Stafford, E. F. Lenard contract for slaves taken for another. McIntyre v. Chappell 1849 4. Property inherit *Eliza, & child Washington Reversed. JMcI and HMcI both owned slaves in TN, but slaves 4 TX 187 *Joseph, *Jefferson, became his on m in TN. He d in Texas and she claimed slaves as Wheeler *Elvira, *Julia, James, her community property. Jury agreed, but slaves his, and go to Sarah J. McIntyre, his heir HCC. See Chappell v. McIntyre, 9 TX 162 (1852) Harriet C. Chappell McKinney v. Fort 1853 7. Warranty health *Washington, Bowie Affirmed. McK buys *W from F, but d. McK wants money. F 10 TX 220 Dr. Fort, bragged slave not well, sent in cold weather, no blanket or warm Hemphill McKinney clothing. Caveat emptor Let the Buyer beware. Under Roman Law, that of Spain and Texas up to 1840, “a sound price implied a sound commodity.” 1840 Texas adopted Common Law. McKnight v. State 1879 25. Legalize London McKnight, Ellis Reversed and Remanded. Lizzie and London accused of 6 TX AP 158 cohabitation, Lizzie, Alex Davis, J D Templeton adultery, Amanda say L and Alex parted, JB says m. in slave Ector bigamy J. A. Cantrell, times when he owned. Clerk, no marriage license. Jury found Amanda Sansom, guilty. Cantrell gave impression, not facts. J. B. Meredith McLemore v. McClellan 1856 8. Hire debt *Slave, Atkin Shelby Affirmed. Suit for hire of slave who died before year was up. 17 TX 122 McLemore, A W O Hicks Owner wants whole year. Jury says up to time of death. Wheeler S. K. McClellan McLeod v. Board 1867 4. Property inherit *Simon, *Bina, Mary Harrison Reversed and Remanded. MM and BM had pre-nup in SC, her 30 TX 239 Michan, B. S. Frazer slaves held in trust by McC for heirs, but she took them and d in Moore Mitchell, Mina TX, w/ trustee d in SC. Trustee’s heirs want slaves, but Harriet McCoy, Harriet, & is heir. Robert McLeod, R. S. Board Madden v. Shapard 1848 4. Property debt *Slave, Washington Affirmed. Trial for right of property in slave claimed by 3 TX 49 D. B. Madden, Thos Madden, lost to Shapard for debt. M claimed he had evidence Wheeler P. Shapard, W. C. from WCW re: debt and not allowed to postpone trial, appealed. Watson Did not disclose what evidence and lower court decision. Magee v. White 1859 4. Property debt *Negroes, *servant, Grimes Reversed and remanded. Debt for supplies charged by insolvent 23 TX 180 Felix W. & Martha P. W. Gray husband to wife’s account for her separate property for Bell, Magee, Henry K. necessities. FWM gave note to WCR for merchandise he said Wheeler dissenting White, William C. was for wife and negroes. WCR gave note to HKW who brought Roe suit. Contract must be made by the wife herself. Manly v. Culver’ Heirs 1857 4. Property inherit *Ben, *Henrietta, A.J. Bexar Affirmed. Culver transferred slaves to Smith who transferred to 20 TX 143 Smith, W.B., Eliza , T. J. Devine Culver’s children. Manly claimed he purchased Ben, and Culver Wheeler Martin, Marion, & defrauded him. Possession without title did not enable them to Martha Culver make good title. Let the buyer beware.

Hudson database TX Sup Ct slave case decisions

Maria v. State 1866 18. Crime by slave *Maria, *Mary Chloe. McLennan Reversed and remanded. Maria stabbed Mary. Nothing done 28 TX 698 B. D. Arnold, T Harrison until freed. Jury found guilty of 2nd degree murder w. malice Donley Fanny, Angeline, and assessed seven years in penitentiary. Should be tried for Anderson manslaughter. Martin Casey, Admin v. 1869 8. Hire debt *unnamed slave, Rusk Reversed and decision reformed for US amount. Note made Turner et al Martin Casey, J B Williamson 1864, due for hire of slave of estate 1865, in CSA or USA 31 TX 64 W. H. Turner payable? Jury found $31.33 CSA but Justice reformed for Morrill USA—$201 + interest. Only legal tender. Martin v. State 1856 5. Rights of owners *Negro, Martin, Walker Reversed and Remanded for correct name. Harbored a Negro of 16 TX 240 enticement William Glenn or P W Gray McGlenn. Glenn and McGlenn both names used. Wheeler 9. fugitive slave McGlen Martin, Adm v. Clerk 1851 4. Property debt *certain slaves, Montgomery Affirmed. Martin, Adm sued B&P as joint makers of note w/ 6 TX 26 Martin, adm of McGuffin. They claim sureties, McG gave deed of trust on Lipscomb McGuffin, Briggam slaves purchased, all wanted sale to pay debt, w/ balance, Adm &Price asked for costs, rest pd to clerk then to Adm. Clerk failed to pay. Massey v. Massey 1857 4. Property inherit *Catherine & *child, Dallas Affirmed. 1851 FAM gave JMT bill of sale for slaves, 1852 JW 20 TX 135 *Will, *Sandy, N.M. Burford to JMT 829 acres in trade for *Catherine and *child. 1853 JMT Wheeler Frederick A. Massey, by deed to wife 829 acres, *Will, *Sandy. FAM tended land and John A. Massey, Lucy slaves. 1855 Lucy, dau of JMT died, Jan 1856 JMT and wife Massey, John M. conveyed land and two slaves to grandchildren, JAM and LAM, Thomas, Lucy D. instead of son in law FAM. May 1856 FAM began suit to get Thomas, Jefferson land in his name. Claims transfer of land and slaves to defraud Weatherford him. FAM and children lived with JMT at the time. FAM gets land held in trust. Meade v. Rutledge 1853 5. Rights of owners *Negroes, D. & R. Bexar Reversed and Remanded. R quit as overseer because M would 11 TX 45 overseer Meade not let him flog the Negroes. Sued for lost wages and damages, Hemphill T. P. Rutledge jury agreed, no damage and due apportion. Mercer v. Hall, Admin 1847 7. Warrant health *Negro man, Eli Colorado Affirmed. Hall, Adm sued EM on note given for negro man 2 TX 284 Mercer, Mary E. Hall, warranted as sound, but EM claimed not sound when note due, Wheeler Adm, A Anderson, et. and wanted $200 paid down returned. Jury found Negro at time al. of sale sound with unsoundness later seen. Milburn v. Walker 1854 4. Property debt *Negroes, Wharton Reversed and Remanded. B&WM sues for R&DGM $304.43+ 11 TX 330 B & W Milburn, int for goods for use of EW, her family, negroes. Common Law Hemphill R. & D. G. Mills, Wm confers on husband's right of mgmnt of wife’s separate estate, L. & Elizabeth but not in Spain (TX) or LA. Creditor can sue for wife’s Walker property in payment, but must prove note is for her accounts. Miller v. Lacy 1870 8. Hire debt *Negroes, S. A. Houston Reversed. Slaves hired for dollars and cents during war and so 33 TX 351 Miller Earle note payable. Morrill Lacy

Hudson database TX Sup Ct slave case decisions

Mills v. Ashe 1856 8. Hire death *slave, R. Mills Galveston Affirmed. Slave hired as hand on J H Bell on Brazos from 17 TX 296 dangerous work D. G. Mills N H Munger Galveston to Columbia. Drowned in service not contracted for, Wheeler J. B. Ashe jury awarded value. Mims v. Mitchell 1846 8. Hire damages *Mehala, Henry Colorado Reversed and Remanded. IM hires Mehala for two months, 1 TX 433 Mims, Isaac Mitchell, REB Baylor chastises her, claims sent home, HM claims not returned, sues Wheeler Roundtree, Larkey for her value, 8 pp by justice on how case should be tried. Mitchell v. Mims, Adm. 1852 8. Hire death *Mehala, Henry Colorado Affirmed. IM hires Mehala, she d because of neglect of 8 TX 6 neglect Mims, Isaac Mitchell, REB Baylor overseer. H Mims wants value of girl. IM pays her value. Wheeler Roundtree Larkey Mitchell v. Puckett 1859 4. Property trade *Negro woman, Cherokee Affirmed. RFM gave AM a Negro woman worth $800 to take to 23 TX 573 R. F. Mitchell, R A Reeves LA and trade for land for RFM. Land was claimed by buyers Roberts T. F. Puckett , TFP. Antonio Manchaca Mitchell v. Vickers 1857 4. Property inherit *Slaves, Asa Bexar Affirmed. AC d, on death bed dictated will to pastor Smith and 20 TX 377 Mitchell, Amacetta Devine gave choice of one Negro to niece, land to sister, step son SC to Hemphill Cooley, Emeline have the rest. Will set aside. Too much variance in witnesses for Wells, James Vickers, will to stand. Susan Wells, Simeon Cooley, Rev. Thomas Smith, Dr. A.W. Desmuke Montgomery v. Culton 1857 4. Property inherit *Clara, *Nathan,*Joe, Colorado Reversed and Remanded. AS, dau of BFS, inherits plantation 18 TX 747 *Jane, *Martha, Eliza, J H Bell and slaves, cousin exec, uncle overseer, wants pay after AS Hemphill *George, *Henry, marries JGM and removes relatives from plantation. She claims See 23 TX 156 same *Nancy, B. F. that uncle and cousin colluded to defraud the estate, but court case Stockton, Anne & did not allow testimony of those on her side, retrial to allow John Montgomery, testimony against relatives. Henry , Maria, Edmond, Clarissa and Henry Terrill Montgomery and wife, 1859 4. Property inherit See 18 TX 747 Colorado Affirmed. Law established in 18 TX 736. Evidence could have v. Culton JH Bell warranted a verdict on either side. 23 TX 156 Roberts

Hudson database TX Sup Ct slave case decisions

Montgomery & wife v. 1859 4. Property debt *Clara, *Nathan, Colorado Affirmed. Same as Montgomery v Culton (18 TX 747), 23 TX Nash, et al *Joe, *Jane, *Martha, J H Bell 156. AS, dau of BFS, inherits plantation and slaves, cousin HT 23 TX 158 *Eliza, *George, exec and uncle EDN is overseer, they want back pay $1691.41. Roberts *Henry, *Nancy, J G AS marries JGM, and removes relatives from plantation, See 23 TX 156 and 18 & Anne Montgomery, charges them w/ fraud, mismanagement, claim colluded to TX 747, same case. Henry Terrell, defraud the estate. This case w/ testamony for ASM, shows at Edward Nash, death BFS was in debt, and executor sold property to pay debts Barstow & Co. of estate while AS at school. Moore’s Adm. v. Francis 1856 21. Right to *Francis, *Daniel, Harrison Affirmed. See Moore, Adm v Mary Minerva (1856); Francis by & children freedom *Charlotte/Caroline W W Morris friend, Boulware v Hendrick; consolidated cases Charlotte, 17 TX 28 22. freed in will, *Matilda, H. Key alias Caroline by next friend in Boulware v Hendrick and Lipscomb 8. Hire, Admin B. F. Young, O. T. Barbara, by her next friend in Boulware v Hendrick (1852). held for debts. Boulware, O. Hendrick Moore v. Hendrick 1852 4. Property debt *Francis, *Daniel, Harrison Affirmed. Notes of June 1839 and January 1841 past Act of 8 TX 254 *Charlotte, *Caroline, Morris Limitations 1841, Sect 22. (Hart’s Dig art 2395) that Moore’s Hemphill *Matilda, B. T. freed slaves worked to pay off. Moore, Gabriel Moore, O. Hendrick Moore’s Adm. v. Mary 1856 21. Right to *Mary Minerva and Harrison Affirmed. 1841, GM took MM to Ohio, schooled, emancipated, Minerva and children freedom children, G. Moore, W W Morris to TX 1844, d. and OH hired out to pay debts, 1855, MM sues 17 TX 20 8. Hires W. H. Hill, for freedom and hire. Jury agreed. In Ky and VA slave cannot Lipscomb O. Hendrick sue for wages, rights of creditors not supersede manumission. Moore v. Morse 1847 4. Property debt *Willis, *Adeline, Matagorda Affirmed. 1841 AAG died and willed slaves to JWM, but in 2 TX 400 *George, John D. May AAG gave note to JWM for the three *negro slaves and Lipscomb Moore, James W. recorded note, $1192.58, in Brazoria @, residence of AAG, and Morse, Amos A holder of note procured judgment for slaves, then in possession Galpin, Obadiah of Obadiah Fatherd, and sold for cash w/out appraisement at Fatherd sheriff sale. Affirmed. Morgan v. Darragh 1873 7. Warranty debt *woman, E. P. Galveston Reversed and Remanded. EPM purchased woman at auction, 39 TX 171 Morgan, Harris JLD claimed sold to frighten, wanted back. Case moved to Walker J. L. Darragh P W Gray Harris in 1859, JLD recovered $ 450 for her services. Morgan v. Republic 1847 4. Property debt *Edward, Wm. D. Galveston Reversed and Remanded. Republic had judgment against Lee 2 TX 279 Lee, James Morgan, and levied on Edward. Morgan claim belonged to Hart. Must Lipscomb Eli Hart prove fraud. Morris v. Ranney 1872 8. Hire debt *Slaves, Morris, Guadalupe Reversed and Remanded. When slavery ended, note for hire of 37 TX 124 24. Abolition of Ranny J J Thornton slaves, were Negroes free or slave at the time they performed Walker slavery the service—who gets payment for service. Morrison v. Bean 1866 4. Property debt *slaves, Gonzales Affirmed. AHB sued WM, wife, and Wintz for note by WM to 25s TX 442 Wesley Morrison, Fielding Jones Wintz for $3025.50, indorsed by Wintz to AHB, sought Bell Aaron H. Bean, Wintz foreclosure of mortgage by WM and wife upon land and slaves. Hudson database TX Sup Ct slave case decisions

Mosely v. Gainer 1853 4. Property debt *two slaves, Samuel Upshur Affirmed. Right to slave property by SG against LC, but Mosely 10 TX 578 Gainer, Little Berry also claims slaves and took from sheriff. Gainer gets w/ Hemphill Camp, Mosely damages for hire? Munson v. Hallowell 1863 4. Property inherit *Ann & 5 *children, Galveston fr Reversed and Remanded. H. claims slaves by inheritance, taken 26 TX 474 M. S. Munson, R. O. Brazoria from Ark in 1845 by Dr S. Ann and 2 children sold in NO to Moore Hallowell, Chas C. P. W. Gray RPJ who sold to CF and CT who sold to MSM in TX No Frankeland, Dr. evidence of fraud, slaves sent to NO by guardian grandmother. Stevenson, Clinton Terry, Charlotte McCoy, Mrs. Carter, R. P. Jones Murphy’s Adm. v. Crain 1854 7. Warranty invalid *Catherine and child Harrison Reversed and Remanded. Murphy sold Catherine and child to 12 TX 297 neglect by owner *Elizabeth, Thomas Crain. Catherine, pregnant, died of pleurisy—snow rain, camped Wheeler Murphy, Dr B. F. out, walked back in snow and she and child d. Crain claimed Young, Dr. Eans sick when bought. As in McKinney v Fort, it must be proved Whitford, Dunaway, that slave was ill with disease of which they later died at the Hodges, Henby time of sale. Nash v. Milburn 1860 4. Property debt *Slaves, C. B. , Mary, Smith Affirmed. Nash sold his minor children’s slaves as ordered by 25 TX 783 Margaret, R A Reeves court. Buyer, Drewery Smith, did not pay all bill and Nash sold Bell Martha, J. D. Nash, to Milburn. Adult Nash children want slaves. Sale found invalid. Drewery Smith Nations & Nations v. 1860 4. Property inherit *83 Negroes, James, U. S. Dist Ct, W. Affirmed. Nations took slaves of NJ when minor from TN to Johnson Joseph Nations, TEX MS and later to TX. She sued when married, Nations claim by US 65, 24 Howard 195` Nancy, James adverse possession. Dist Ct gives to her, US Supreme Court Clifford Johnson affirmed. Nations v. Jones 1857 7. Warranty health *Henry, James Gonzales Affirmed. Seller stated “slave was a chuckle headed fool.” And 20 TX 300 Nations, John G. F Jones Nations kept for a year before suing over note, witnesses Hemphill Jones testified that he would do what he was told and worth the note. Nels (Slave) v. State 1847 18 Crime by slave *Nels Red River Reversed and Remanded. Tried for murder and found guilty, but 2 TX 280 murder no record of jury sworn in. Wheeler Newcomb, James and 1873 4. Property trade *slave, James P, John Bexar Reversed and Remanded. TN w/ 2 sons, married Eliza, bore one John v. Newcomb, Eliza, G., Eliza, Thomas Geo H. Noonan child, TN d. 1849, EN adm and guardian for children, given and Heirs of J. C. Hall Newcomb, Heirs of $1000 yr support, lot and buildings of residence, 3 lots in La 38 TX 561 J.C. Hall, Tally Vitta, homestead. TN sold land to JCH, but not final. EN’s atty Walker quit claimed to Hall who paid Talley w/ slave for his land claim. TN’s sons sue to set aside orders of probate court re EN, allowance and land sale, heirs w/out clear title.

Hudson database TX Sup Ct slave case decisions

Nichols v. Gordon 1860 4. Property debt *two slaves, Geo W. Guadalupe Reversed and Remanded. JFG, exec. for AG, sued GWN and 25s TX 109 & Rachel Nichols, A W Terrell wife for warranty of deed on a tract of land, averring ¼ of the Roberts John F. Gordon, exec. land, and foreclosure upon slaves, mortgage did not have of Alfred Grinage certificate that wife was examined separately as a femme covert. Nimmo v. Davis 1851 4. Property inherit *Negroes , James & Milam Affirmed. Children divided property in Alabama, Davis came to 7 TX 26 Rhoda Nimmo, Lee, Texas and d. as did parents in Texas. Siblings want these two Wheeler Fuller, Elizabeth, slaves from husband, but jury denies them. Hiram Davis, Sam Hamner Nix v. State 1855 19. Offense against *Lucy McRea, Harris Affirmed. JDN committed assault and battery upon LMcR, cut, 13 TX 575 slave, assault and Mrs. McRea, bruised, wounded, beat. Jury assesd $25 and ten days in jail. Wheeler battery J. D. Nix “Slaves are persons within the meaning of the statue concerning crimes.” “Case of wanton, unprovoked, lawless violent drunkenness against the law of nature and the laws of society.” Nona Mills Co. v. 1907 3.Who were slaves *Maria, Isaac Hardin Reversed. Hamilton” received league of land in 1836, left in Wright 22. Manumission Hamilton, Mid Glaze, trust for slave Maria, Wright claims by adverse possession, 102 SW 1118 G. W. Hooker, L. P. more than camping or hunting. Nona Mills Co. against Wright Brown Wright, J. H. to get land. See Wright v. Nona Mills (Jan 1907) Hamilton Norwood et al v. Cobb, 1855 4. Property inherit *Adeline, *Isham, Gonzales Reversed and Remanded. Sarah Norwood, in MS is trying to get Adm. Sara, William, Geo, back two slaves as Exec of William Norwood, father of George 15 TX 500 Indiana Norwood, Norwood. Court did not show that process was served. Lipscomb Wm Green, Samuel Cobb Norwood v. Cobb, Adm. 1857 4. Property title *Adeline, *Isham, Gonzales Reversed and Remanded. Third appeal in this case. Adeline held 20 TX 588 Sara, William, Geo., F Jones by Norwood. Indiana Green and husband conspire to get title of Wheeler. Indiana Norwood, slave once belonging to G Norwood. William Green, Samuel Cobb O’Brien v. Hilburn 1852 4. Property title *slaves, Travis Reversed and Remanded. Mrs. H sued to recover slaves as her 8 TX 299 7. Transfer Mrs. Hilburn separate property after husband sold them as sole owner. She Wheeler committed fraud, did not reveal her interest to the buyer. O’Connor v. Silver 1863 4. Property debt *Charlotte 20 & child; Galveston Affirmed. Silver obtained judgment against O'C & JR, but all 26 TX 606 *Frances 60; *Dorcas P. W. Gray slaves except Frances sold to BSP thru attorney in 1849 at Wheeler 60; *Henry 4; C. sheriff auction. Silver revised judgment in 1857 & denied, O’Connor, John Rhea, revised again in 1863, denied. After 8 years, it was too long to Joseph Silver, B.S. change story about judgment not being paid. Parsons

Hudson database TX Sup Ct slave case decisions

Oglesby v. State 1873 10. Regulation of *Alexander Oglesby Cameron Reversed and Dismissed. AO, black soldier at Ft. Brown, 39 TX 53 Freedmen soldier James Logan W H Russell claimed L cursed him, called him "black sob". AO indicted for Walker false imprisonment, fined $250. L only retained for half an hour for inciting behavior against colored sergeant. Oldham v. McIver, 1878 25. Legalize *Phillis, Burleson Affirmed. Phillis claimed Oldham’s property as wife of 29 years Adm. cohabitation, Wm, Eutis, Otho Pendergast and was awarded all by county court in 1868, but district court 49 TX 556 miscegenation Oldham, A. W. later claimed jurisdiction & jury set award aside. See Oldham v Roberts McIver McIver, Adm. 49 TX S 36 (1883). Oldham v. McIver, 1883 25. Legalize *Phillis, Burleson Affirmed. Phillis sued for homestead, jury gave that but no more Adm. cohabitation, Wm Eutis, Otho Pendergast of the thousands of acres. 49 TX S 36 miscegenation Oldham, A. W. Roberts McIver Oustott v. Oustott 1864 4. Property inherit *Caroline, Fannin Reversed and Remanded. JO sued bro WO. for ½ of C’s value 27 TX 644 John, W. S., Wm, Todd and her hires. Jury gave JO all C's value and hires. Bro William Moore Elizabeth Oustott appeals and returned for another trial. Owen v. Tankersley 1854 4. Property possess *Negro woman, Harrison Affirmed. Rown gave Negro to Catherine in Georgia with no 12 TX 406 *child, Catherine, restrictions, woman became property of husband by GA Hemphill James Owen, common law, and not hers. She could not recover woman as her Hugh Rown property in TX. Pait v. McCutchen 1875 4. Property debt *Mary, *Maria, Washington Reversed and Reformed, and Affirmed. 1857, SP brought suit ag 43 TX 291 *Sophia,*infant, I. B. McFarland SNJB for recovery of *slaves, *Mary, was hired by SMJB Stephen Pait, Wm H. loaned to W H McC who gave bond to abide by court decision. McCutchen, S.M.J. In 1860 SP recovered judgment ag Benson, if *Mary can’t be Benson, A. Binkley had, recover $1400. McC did not return her, pd $500 for *Maria, $100 for *Mary, $200 for *Sophia, & $50 for infant. Mar 1870 appeal for failure to abide by bond. April 1870 Affirmed. Parish v. Alston 1885 4. Property inherit *17 Negro slaves, Houston Affirmed. AP w/husband filed suit ag exec of PA, grandfather 65 TX 194 Alice Parish, J. R. Kennard and guardian, d in 1879, for full accounting due her. She Watts H. F. Alston, exec of married 1872. In 1858 as only child left large sum of money, Philip Alston land in Rusk Co., slaves, notes payable. Guardian bought land, used her slaves as his own. Upon marriage PA traded her 2 lots in Galveston of equal value, his guardianship ended, statute of limitations ran from 1872 when she married. Parker v. Cater 1852 4. Property debt *slaves, Harrison Reversed and Dismissed. Cater, Adm. of Sheply ag AP, Adm. 8 TX 318 Dr Ashley Parker, for debt to Shepley for work in AL 1842. AP, Adm. held MS Lipscomb Maturan Simmons, property, notes, slaves, moved to Texas. Cater came for AL Shepley, Cater judgment, but beyond statute limitations.

Hudson database TX Sup Ct slave case decisions

Parker v. Portis and 1855 4. Property debt *Hy (Hezekiah), Austin Affirmed. RCP claimed slaves as separate property, but slaves Wife * Crecy, *Lidy, taken for debts of husband. Negroes were purchased with funds 14 TX 166 David, Rebecca C. from estate of 1st husband, and not liable for debt. Wheeler Portis, John Parker Parker v. State 1868 25. Legalize *Andrew Parker Galveston Affirmed. Parker convicted for murder. Claimed he protected 31 TX 133 cohabitation, *Mollie Harris James Love wife being beaten by negro. Slaves not recognized as married Lindsay protects wife? Green until Constitution of 1869. Parks v. Willard 1846 4. Property debt *Slave, James, Bowie Reversed and Remanded. Parks brought wife’s slave to Texas 1 TX 350 Mariah Parks, and borrowed money on him, Willard took slave for debt Wheeler John Bosley, knowing the wife’s property, new trial ordered under guidelines Clinton Williard, of Willard’s knowledge of true owner. Richard Cross Patrick v. Roach 1858 4.Property debt *Negroes, Austin Reversed and Remanded. (see 27 TX 580). Suit by BER ag EP 21 TX 251 Elizabeth, John M. J. H. Bell to recover use of plantation for 1854 1856. JMP purchased Hemphill Patrick, Bracey E. plantation for the rent, gave note, but d in 1854. EP made no same case 27 TX 580 Roach, Adm. of payments, estate insolvent, 1855 she ordered by court to sell Eason Tyson plantation to pay note, heirs rescinded sale, she owes $750 for rent minus improvements. Patrick v. Roach 1864 4. Property debt *Negroes, Elizabeth, Austin Reversed and Remanded. (see 21 TX 251). 1856, BER sold 27 TX 580 John M. Patrick, Geo W Smith plantation, all rights, title, interest to WEC. EP claims she not Moore Bracey E. Roach, liable to BER for rent as ordered by court to rent out, pd to GT same case as 21 TX 251 Adm. of Eason Tyson, who managed negroes and plantation. BER claims rent due him, Wm E. Crump, Geo jury found $215, EP appealed, her son rented and managed W. Turwin plantation, but pay WEC who gave release due to court order. Paxton v. Boyce 1846 4. Property debt *Negro woman & Bowie Reversed and Remanded. S sold slave to JP, after B had 1 TX 317 *child, John Paxton, judgment against S, but that set aside when JP purchased, JB Lipscomb James Boyce, Shule claimed fraud, jury agreed, but no evidence supports. Payne & Harrison v. 1858 4. Property debt *Negroes, Thomas C. Harrison Reversed and Remanded. TCB controlled land, negroes, and Bentley’s Adm. & Mildred Bentley, John Gregg crops, of wife MB, purchased supplies, made debts. Divorced 21 TX 453 Payne & Harrison 1855, all property to Mildred. In suit for debt TC claims agent Roberts for Mildred. He d, suit against his estate and her. By law he has mgmt of wife’s sep estate, entitled to an interest in profits except the increase of land and slaves, is in control of payment of community debts. Suit discontinued against her. Pearce v. Bell 1858 4. Property debt *Negroes, Harrison Affirmed. Bell sued Pearce for debt w/ mortgage and one note 21 TX 688 Wm Pearce, A. J. John Gregg on the same Negroes. Judgment for Bell $1513.00. Pearce Roberts Bell, appealed that all note not due.

Hudson database TX Sup Ct slave case decisions

Peeler, Adm. v. Guilkey, 1864 4. Property inherit *Nelson, Sarah, Lavaca Affirmed. R owned N, but when d., N in possession of James, Adm. James Peeler, Jones and sister sues for possession. Jury awards Nelson to sister. Gift 27 TX 355 Elizabeth, Rebecca must accompany possession. See 22 TX 663, Gilkey (sic) v. Moore Guilkey,G.B., Peeler Parmelia Harris Perryman v. State 1871 19. Offense against Wm. Perryman, Coryell Affirmed. F and P indicted for murder, appeal victim not a 36 TX 321 freedman murdered *William McMillan, Osterhout reasonable creature. “Man is the only created, reasonable Walker August Fore creature and in sense of law…” Peter (slave) v. State 1854 18. Crime by slave *Peter Washington Affirmed. P indicted for arson, no sentence given, and appeal 11 TX 762 arson based on legality of grand jury indictment. Hemphill Peters, et al v. Caton 1851 7. Warranty title *Frank, John S. Red River Reversed. JSP bought slave at home not at courthouse as sheriff 6 TX 554 Peters, Wm. Caton, sales required. JSP requested Caton take slave back, she refused. Hemphill John Caton, O. S. Note should be canceled and *Frank returned and all heirs made Caton party of suit for hire. Philleo v. Holliday 1859 4. Property inherit, *Slaves, Martha, Cherokee Reversed and Remanded. AH gave slaves to wife for life, then 24 TX 38 Abram Hill, R A Reeves to free, but no provisions made for removal, she sells slaves, Wheeler 22. Emancipation, John Carter, heirs sue for their share. Manumission void, Hart. Dig. Arts. will not legal T. L. Philleo, 2546, 2556.). She gets 1/2, family gets 1/2. D. J. Holliday Phillips v. Wheeler 1853 5. Rights of owners *Jack, *Bill, Phillips, San Augustine Affirmed. Jack escaped from OMW and worked for P and was 10 TX 536 value of slave O. M. Wheeler injured cleaning well and d. OMW sued for value. P worked without W’s permission and was responsible for value. Pierce v. Cole 1856 4. Property debt *Women slaves, Cherokee Affirmed. JP placed slave with SC to pay note, but SC neglected 17 TX 259 David, George, Jos. J.H. Reagan her, damaging her value, and also slave tending her d. SC got Lipscomb Pierce, Sam Cole, judgment for note not pd. Josiah Barnett Pierson v. William Tom 1846 4. Property debt *Simon, *certain Washington Reversed and Remanded. Tom brought suit ag TJT for levy ag 1 TX 577 slaves, John G.W certain slaves, and *Simon not part of debt. Pierson claimed his Lipscomb Pierson, William property by bill of sale from TJT. Tom's testimony allowed. Tom, Th J Thermond Pitts v. Ennis & 1846 4. Property debt *Charlotte, Eliza, Austin Affirmed. R bought Charlotte from JP, gave note, and furnished Reynolds John Pitts, Ennis & a *male worker until note paid. Reynolds d. and Pitts tries to 1 TX 604 Reynolds collect. Wheeler says note unclear on debt. Wheeler Porter and wife v. Miller 1852 4. Property value *George, *mother, Victoria Reversed and Remanded. JTP sold wife's slave to Miller with 7 TX 468 Persia and John T possession at end of hire to Jenkins. She requested slave's return, Hemphill Porter but J refused, as slave had drowned. Referred to similar cases in KY, NC, AL where slave died after request for return.

Hudson database TX Sup Ct slave case decisions

Powell v. De Blane 1859 4. Property inherit *Slave, R. B. Powell Liberty Affirmed. MM had slaves from MS, but d. in LA, RDM moved 23 TX 66 Jerome De Blane PW Gray to TX, sold slave to JDeB. Mother, brother and sister claim LA Wheeler R. D., Martha Marble inheritance. MS law gives to husband upon marriage. Presley v. State 1867 19. Offense against *Sampson, Anderson Reversed and Dismissed. “TP maliciously and willfully, with 30 TX 160 slave murdered Millings, R A Reeves malice aforethought, and without just provocation, inflicted Donley Thomas Presley unusual pain, suffering, and injury, upon Sampson…without just provocation, then and there willfully killing and murdering him.” Jury found guilty of cruelty, acquittal for murder. Pridgen, Guardian v. 1860 8. Hire value *Biddy, B. J., Wiley De Witt Reversed and Remanded. Guardian for minor hired out slaves to Buchannon 19. Offenses Pridgen, F. M. F Jones FMB who took out of county to a swampy place and Biddy d. 24 TX 655 against slaves Buchannon, Lemuel WP sued, erroneous instructions given the jury. See 27 TX 589. Roberts Stubbs, Ben Cage Pridgen, Guardian v. 1864 8. Hire debt *Biddy, De Witt Reversed and Remanded. Right to recover value dependent upon Buchannon B. J. Pridgen, F Jones county and d. No evidence of contract defining place. Wrong 27 TX 589 F. M. Buchannon instructions again. See Pridgen v. Buchanan 24 TX 655. Roberts Pridgin v. Strickland 1852 8. Hire damage *Ben, Harrison Affirmed. HS claimed Ben, but WWP in possession, and wants 8 TX 427 5. Rights and Hardy Strickland, damages plus hire. Only get hire. Lipscomb powers of owners Wiley W. Pridgin Pryor v. Moore, Adm. 1852 4. Property debt O. Hendricks, Harrison Affirmed. Moore’s note of Nov 1842 not payable according to 8 TX 251 Gabriel Moore, act of June 28, 1845 (art. 2390, Dig.) of all notes 4 years old and Hemphill R. Pryor up. Purvis v. Sherrod, Adm. 1854 22. Manumission *Charlotte, *Julian, Harrison Affirmed. WTW made sister LS his executor to free slaves, give 12 TX 140 *George them money, possessions, and take where freed or Liberia as Lipscomb Washington, J. L., they want. Lipscomb upheld lower court which stated that LS Lucinda Sherrod, was trustee, and could remove and free. Wm. T. Weathersby Randon v. Toby 1850 4. Property debt *23 Africans, Th Harris Affirmed. Original 78 pages of testimony. T of LA, brought suit 52 US 493, Toby, David Randon, J C Watrous ag R of TEX. R claim note not due by reason of African slave Grierson Th McKinney, Th trade being illegal. Also note to McKinney & Williams with T From US Dist Ct in League, Ephraim to pay note with ½ cotton crop until paid. Jury says note due. Texas, Watrous McLean Ratcliff v. Hicks, Adm. 1859 4. Property debt *Negro girl, Sarah M. Tyler Affirmed. RR made debts, and wife had slave property, HCH, 23 TX 176 & Rufus Ratcliff, James M. Maxey Adm. filed for payment, levy on Negro, twice came to court, Bell H.C. Hicks SMR failed to appear, judgment went to HCH for sale of Negro to pay debt. Rawles v. State 1855 8. Hire self *female slave, Travis Dismissed. ER allowed his slave to go at large and hire her own 15 TX 581 10. Regulation of Elijah Rawles time for more than one day a week. He found guilty (Hart. Dig Lipscomb slaves art. 2576), appealed, dismissed, legislation unclear.

Hudson database TX Sup Ct slave case decisions

Reavis v. Blackshear 1868 8. Hire debt *Norrey, L. A. Leon Reversed and Dismissed. CSA money is void. LAB can’t 30 TX 753 Blackshear, RS Gould collect, lists clothing when hired out of 2 sets of summer, one Morrill S. A., Wm., Reavis, winter clothes, dresses, underskirt, sack, 2 pr shoes, blanket, pay see 31 TX 171 Alex Patrick dr’s bills, and taxes. Re: McCartney v. Greenway (1868). Reese v. Medlock 1863 4. Property trade *Negro woman, Burnet Reversed and Remanded. JPP was agent of TR to sell land, but 27 TX 120 Thomas Reese, Vontress traded for land *Negro from TM. JPP then sold woman, butTR Moore J. P. Powers, died and heirs sue TM for land, claiming not paid. Thomas Medlock Reeves v. Bass and wife 1873 23. Emancipation *Negro woman, Victoria Affirmed. 1867 Reeves deeded everything –cattle, horses, farm, 39 TX 619 *children, John A T C Barden household goods and farm equipment and animals to dau Ogden Reeves, Maggie in exchange for $7200. Reeves sues for property back Margaret Reeves Bass because he feared Freedmen's Bureau would force him to give ½ and Archibald Bass land to negro woman concubine and his children Republic of Texas v. 1847 11. Status in *2 slaves, Widow Bastrop Undecided. Widow L had 2 slaves, lived with father, as head of Fisk & wife general, if slave Lindsay, 2nd husband family rec League of Land from Coahuila Y Tejas, TX granted 4 TX 449 make family Fisk. land to another. Bastrop BD of Land Comm gave her certificate Lipscomb for equal amt. TX w/ Act of 1840 deemed slaves not family, local jury not agree. Justices conferred for year and could not concur. Reynolds v. Lunsford 1856 4. Property debt *Tina, *Andy, Grimes Affirmed. JL 1845 rec Houston Co judgment ag JWA for $394 16 TX 287 *Negroes, Wm B. P. W. Gray for debt, JL reissued in Grimes Co in 1853 on *Tina as property Hemphill Reynolds, John of JWA. THMR, Adm., filed claim as property of estate w/ bill Lansford, John W. of sale to THMR 1845, as he by gift to sister EA, widow of Adkins, Emily W. JWA, recorded 1854. JWA in debt in Washington Co, Houston Adkins, Thomas H. Co, and Grimes where only owned Negroes and conveyed to M. Rogers, Rogers as fraud to keep from creditors. Rice v. Rice 1858 4. Property divorce *Little Negro, Edward Liberty Reversed and Remanded. Suit by husband for divorce wife 21 TX 58 Rice, Caroline E. James M Maxey treated him bad when sick in bed, would have killed him, little Hemphill Rice, Mary Jane Rice, negro got help, he habitual intoxication. Jury gave priority to Robert Rice. Wm J. her, he appealed. Property for education and support of children Mills w/ trustee under supervision of court. Richardson v. McFadden 1855 4. Property debt *Oscar, Willard Brazoria Affirmed. WR, for minor MBH, sues JM for note given for *O, 13 TX 278 Richardson, James Hunter’s guardian obtained possession of Oscar, JM claims lack Hemphill McFadden, Malcolmb of title, slave came from grandfather through father and owned B. Hunter by two boys. No ground for reversal. Ricks v. Pinson 1858 4. Property debt *Negroes, T. L. Anderson Affirmed. Foreclosure of note, judgment by default, and sale. 21 TX 507 Ricks, J. H. Reagan TLR claims illegal without jury. A number of cases by common Hemphill J. J. Pinson law procedure Act of 2852, judgment by default.

Hudson database TX Sup Ct slave case decisions

Robbins’ Adm. v. 1847 3. Who were slaves *Negro girl, Elisha Montgomery Affirmed. W brought suit to recover Negro. R appealed based Walters Clapp, Elizabeth, on Laws of Coahuila & Texas, Sec. 13, p. 314. “No one shall be 2 TX 130 Hannah Walters, born a slave in the state.” “Constitution was never published in Lipscomb John, Lucy, the Department of Texas.” Negro returned from R’s Adm., Wheeler not sitting Nathaniel Robbins Clapp to Hannah Walters. Robinson v. Martel, 1853 4. Property debt *Ned, Gus, Fred, Fayette Affirmed. Suit by GM, Adm. of FM to recover *N sold by HM Adm. Henry Martel, to GM and then to R who bought *N and farm. Adm. Pro tem 11 TX 149 Robinson had no right to sell unless sale made under an order of the Lipscomb probate court. Robinson v. 1856 4. Property value *Bill, Jacob Calhoun Affirmed. *B not returned or hire pd. WMV claims run away. Varnell 8. Hire Robinson, F Jones JR claims WMV beat causing to run, and be killed, “failure to 16 TX 383 5. Rights of owners W. M. Varnell return property to the plaintiff and its loss was caused by the Wheeler 9. Fugitive wrongful acts of the defendant, amounting to an abuse...he is responsible . . . for its value.” Rogers v. Crain 1867 7. Warranty health *Clarissa, Harrison Reversed and Remanded. *C, d. from hemorrhage she said she 30 TX 284 Robert Rogers, C A Frazer had. Her testimony not allowed, butdo allow the testimony of Dr Coke G. B. Crain, “Negro woman informed me that she had been suffering from J. B. Crain profuse hemorrhage.” Ross v. Lister, et al 1855 4. Property debt *Negro, Shelby Affirmed. RR got injunction to prevent sale of negro for debt 14 TX 470 Ravenah Ross, T. H. $191 owed to THL, RR mortgaged all property, except buggy, Wheeler Lister horse, house. Sheriff had right to levy on Negro for debt. Sadler v. Anderson 1856 4. Property debt *Alfred, *Henry, Nacogdoches Affirmed. A. Sr. bought A. Jr’s slaves and gave slaves, mules, 17 TX 246 *Dave, *Jane, *Mary, Hicks carriage, furniture to grandchildren to keep from creditors and Lipscomb *Huldy,*Muhal, all came to Texas in 1840. Case lists other slaves sold in MS. *Allen, *Angelina, Verdict for Sadler on note made in 1840 and he seized all Judith, Robt. G. property. Jr. claims all seized illegally, jury agreed. Anderson, Jr, W. R., Emily Anderson, Wm Sadler Sanders v. Devereaux 1860 15. Contracts with *Slaves, Sarah Rusk Reversed and Remanded. SD sued LDS for $403.16, for slaves’ 25 TX Sup, 1 slaves Devereaux C A Frazer cotton made on her land, DS to pay. but cotton destroyed in Wheeler sharecroppers L. D. Sanders 1860 fire. SD could sue in her own right , property of slaves is property of the master. Sawyer v. Boyle 1858 4. Property inherit *Charlotte, *Frank, Fayette Reversed and Remanded. Family claims Leona illegitimate, and. 21 TX 28 Alex Boyle, G. W., S. J H Bell SS sued for *F inherited through mother LT. Pa, NT claimed *F Roberts Sawyer, Nathaniel, by adverse possession. Leona was legitimate and children could Leona, Trammell inherit from grandfather. Scherer v. Upton 31 TX 1869 8. Hire debt *Negro, Colorado Affirmed. Note given to JSS for hire of AU’s Negro who took 617 19. Offenses J. J. Scherer, B Shropshire refuge with her for mistreatment after 4 months. She refused to Lindsay against slave Ann Upton deliver him to hirer, and sued for amount of note, and won.

Hudson database TX Sup Ct slave case decisions

Scott v. State 1861 9. Fugitive *Negro woman, Wm Collin Reversed and Remanded. WDS charged with harboring 26 TX 116 D Scott R L Waddill runaway, but did not know. Harbor and conceal are distinct Wheeler offense in arts. 664, 665, 667. Should not be in same indictment. Scott & Rose v. Allen 1846 4. Property debt *slaves, John W. Bowie Case not about slave but, Lipscomb gives order in which prperty 1 TX 508 Scott, William P. can be taken for debt: 1) personal property, except slaves, 2) Lipscomb Rose, Ebenezer Allen unimproved land, 3) slaves, 4) improved land Scranton v. Conlie 1867 9. Fugitive *Jack, Frederick Harris Reversed and Remanded. *J ran away, held in Bastrop jail by 29 TX 237 Scranton, P. W. Gray PC, could not sell at end of 6 months was insane. PC sued for $1 Coke Preston Conlie per day maintenance. Law allowed .50 per day. Scranton v. Tilley 1856 7. Warranty value *Friday, Frederick Harris Affirmed. GT claimed *Friday had epilepsy, and d. FS was to 16 TX 183 Scranton, Geo Tilley P W Gray replace slave, but never did. Jury found cost, plus medical. Wheeler Dr. Weems Compares NC, SC, MS when slaves becomes worthless. Seal, a Freedman v. 1866 10. Regulation of *Seal, *Charley Williamson Affirmed. Seal convicted of stealing a collar and ox bell worth State Freedmen theft Wm. Swinney T.P. Hughes $2.50. Prison for 2 years. 28 TX 499 Wm. B. Henry Willie Secrest v. Townsend 1846 4. Property debt *Negro man, Colorado Affirmed. Secrest sued for recovery of negro man slave valued 1 TX 414 Washington H. at $1500, and jury found for Townsend. Appeal documents Lipscomb Secrest, Asa contained no statement of facts or bill of exception. Townsend Shackleford’s Adminx v. 1872 4. Property inherit *4 Slaves, A. R. Fayette Dismissed. A. R. Gates heirs sued exec claiming exec and Gates Gates, et al Gates, W. Gates, John J. B. McFarland used slaves for their own use and want hires and will probated. 35 TX 780 Shackleford If estate is insolvent, no other action required than probating and Walker registration of will and return of inventory. Shearer v. Smith 1871 4. Property debt *Negro, C. Shearer, J. Harris Affirmed. Note for Negro purchase converted to hire from 1863 35 TX 428 C. Smith J Masterson to June 19, 1865, due and payable in US currency. Walker Shelton v. Marshall 1856 4. Property debt *Mary, *two males, Fort Bend Affirmed. SHS took note from BGM and JTB, B pd nothing, 16 TX 344 *three females, S. H. C W Buckley SHS claims BGM owes all. SHS imported slaves from VA to Wheeler Shelton, B. G. MS 1835, after 1833 was illegal in MS. Cites MS cases that Marshall, William uphold that importation for sale is illegal and all contracts made Wade, John T. Boteler after 1 May 1833 are void, and as made in MS, void in TX. Short v. Abernathy 1875 8. Hire debt *Moses, Amanda M. Titus Reversed and Remanded. RS, TJA, WJF in 1862 hired *M to be 42 TX S 94 CSA money Moreland, Abernathy, J D McAdoo pd $100 in cotton at 9 cents per lb, delivered at Jefferson. Claim Reeves Richard Short, in CSA, AMM refused, to be paid in pork, cotton delivered at T. J. Aiken, Jefferson in CSA. Sues for US $. Entitled and can get in US, but W. J. Flinn must include offer to pay in pork. Simons v. Simons 1859 4. Property divorce *Franky Walker Affirmed. Elizabeth sued to prevent Paul from selling her assets. 23 TX 344 Paul, Elizabeth PW Gray Court divided assets minus debts. Affirmed on behalf of Bell Simons Elizabeth.

Hudson database TX Sup Ct slave case decisions

Sims & Smith v. Chance 1852 8. Hire damages *slaves, Sims & Walker Affirmed. Contract as wood chopper, but worked in steam saw 7 TX 561 for value Smith, Chance mill, injured, died, exposed to extraordinary hazard. Hemphill Banton Sloan v. Webb 1857 4. Property inherit *Negro woman, *girl, Navarro Affirmed. Webb sued to have order of court set aside for year’s 20 TX 189 *boys , A. M., C.M. Winkler allowance, judge agreed. They had adequate separate property. Wheeler Thomas, Mary, Alex G. Sloan, James Webb Smelser et al v. State 1868 10. Regulation John Smelser, *Mary Brazoria Reversed. JS, white, and MAF, freed woman, indicted for living 31 TX 96 miscegenation of Ann Franks, a former Ben Shropshire together in fornication, ea fined $100. Lived in same house, in Lindsay free Negroes slave different rooms, MAF JS’s slave, nearly white, wore short hair. The facts do not warrant the verdict. Smith, Guardian v. 1863 8. Hire *Abe, W. D. Smith, Jasper Affirmed. WDS sued for *A from AA, RAN and HCH gained Adams Asa Hickman, Abel A W O Hicks control of *A, but returned him. Smith sued for damages and 27 TX 28 Adams, R. A. lost hire, got slave back, so no damages (torts illegal in Texas). Wheeler Neyland, H. C. Hicks Smith v. Anderson 1873 4. Property title *slaves, Penelope Robertson Reversed and Remanded. PS sued RA for slaves that RA claims 39 TX 496 Smith, Delespine, C A Frazer purchased from husband, wrong for court to rule out evidence of Walker James B. Smith, DS and PS. Fraud must be proved clearly and jury weigh Reuben Anderson circumstances of the sale. Smith v. State 1859 10.Regulation of *Isaac, James A. Williamson Reversed and Remanded. Claim JAS sold liquor to *I, slave of 24 TX 548 slaves, liquor Smith, J W. Allen, E. H. Vontress JWA without permission. JAS says pd by LL for riding wild Roberts Langham Little horse. Smith v. Talbot 1857 4. Property debt *Negroes, Wm. R. Matagorda Affirmed. Notes executed in AL by HT, to TX, had HT deed to 18 TX 774 Smith, Mathew, Hancock WSP, in trust to HAN, traded for land, declared bankruptcy.Suit Hemphill Harriet Talbot, J. W. filed 9 years later, past limitations, but claims fraud. Lann, Wm. S. ledger, H. A. Nichols Smith v. Temple Lumber 1959 14. Inheritance Smith Jefferson Affirmed. Land Grant held by single man intended for married Co. from, through man as head of family and for homestead is invalid. Const 1869 323 SW 2d 172 slaves limited single men to 80 ac. Smith, Adm. v. Nelson 1870 8. Hire debt *slaves, J. W. Smith, Bosque Reversed and Dismissed. Slaves hired, p in CSA, but JWS 34 TX 516 Ridley Robinson, R. W Chambers claims USA, CSA money had no value in law; ...government Walker S. Barnes, J. C. which issued it had no existence…and in aid of a treasonable Fraizer, James Lane, rebellion;…is to acknowledge the legality of the pretended M. S. Nelson government.” Smith, J.W. v. Smith & 1853 4. Property inherit *slaves, Travis Reversed and Remanded. Son JWS wants distribution of estate children James Smith, James of father, JS, claims step mother committed fraud in saying 11 TX 102 W. Smith, Elizabeth estate community property, land and slaves separate property of Lipscomb Smith, Alfred Smith, father, she used estate funds to purchase land in her and child’s Sidney P. Brown name. Charges should be brought in Dist Ct re: fraud. Hudson database TX Sup Ct slave case decisions

Southern Pacific v. Dial 1860 8. Hire health *Abraham, Harrison Reversed and Remanded. Return when called for, unless ran or 25 TX 681 5. Rights of owners Wm. H. Dial C A Frazer died. *A took sick, returned, d. w/ verdict for $1000, for neglect, Roberts death of slave must show facts of the disease, progress, and attention given. State v. Asbury 1861 10. Regulation of Jerry Hardy,* Tarrant Affirmed. A charged with bringing Hardy, free person of color 26 TX 83 Freedmen Jeremiah Asbury Burford into state. Indictment did not have date brought into state. Wheeler residence State v. Barrow 1855 4. Property debt *Slave, Samuel, Gonzales Affirmed. Elizabeth’s father gave her slave on way to TX. Her 14 TX 180 Elizabeth Barrow separate property in TX, and debt by husband. Wheeler State v. Campbell 1867 10. Regulation of Warren Campbell Karnes Affirmed. “freedman of color, with a certain mare of color 29 TX 44 Freedmen B F Neal commonly called a bay, did willfully and feloniously commits Donley the abominable and detestable crime against nature.” State v. Jones 1849 4. Property debt *slaves, Matagorda Affirmed. J claims taxed for slave and for production. Slave 5 TX 384 Jones assessed at full value as are mules & teams, only valuable for Lupscomb usefulness...if slave has been taxed, and the corn produced by him taxed, it is levying another tax on the slave. State v. Schoolfield, et al 1861 10. Regulation of *Taylor, Wm D. Walker Reversed and Remanded. State claims that three defendents sold 29 TX 502 slaves, liquor Schoolfield, Wm P.W. Gray liquor to *Taylor without the written permission of his owner Bell Evans, James O. Mrs. Alphia Hightower. They say they gave to him. Wiley, Alphia L. Hightower State v. Schwartz 1861 5. Rights of owners *slave, Harrison Affirmed. FS sold slave liquor without the consent of master, 24 TX 44 19. Offenses F. Schwartz C A Frazer mistress, overseer, or employer. Charge did not state the name Roberts against slaves of the slave. State v. Stephenson and 1857 19. Offenses *Malissa, Washington Reversed and Remanded. JS whipped *M, claimed not illegal, Cabler against slave Linday Rucker, R E B Baylor before new code. “Slaves are to be regarded as persons in 20 TX 151 excessive whipping John Stephenson, respect to the criminal law...The principle that the slave has Roberts Edwin S. Cabler personal rights being established, it is somewhat like an assault and battery upon a child, a ward, or an apprentice.” State v. Sullivan 1852 11. Status in *Negroes, Milam Reversed and Remanded. Sullivan, a single man, claims League 9 TX 156 General, if slaves Sullivan and Labor of land as head of a household. State disagrees. Do Hemphill make family Negroes make owner head of family, no not as in Mex? State v. Wupperman 1854 10. Regulation of *slaves, Andrew Guadalupe Affirmed. AHW bought produce from slave without consent of 13 TX 33 slaves, sale of Herron owner, indictment was not consistent with statute. Wheeler produce Wupperman Stephanes v. State 1858 10. Regulation of Charles Stephanes Harris S kept a disorderly house and permitted Negroes to use indecent 21 TX 206 slaves P. W. Gray language. Indictment too carelessly framed. Change permit to Wheeler allow. Reversed and Remanded. Stephens v. Sherrod 1851 4. Property debt *Negro man, Harrison Affirmed. S gave JLS bill of sale for Negro man, guarantee of 6 TX 203 Stephens, J. L. payment, if p by Mar 1848, would return Negro, but S died in Wheeler Sherrod, Wm T. Scott 1847, JLS wants debt pd. S says sale. Jury sees as mortgage. Hudson database TX Sup Ct slave case decisions

Stephenson v. Price 1868 4. Property debt *Negroes, Thomas B. Austin Affirmed. JFP delivered 7 bales of cotton to TBS in 1861 called 30 TX 715 Stephenson, Jesse F. Ben Shropshire for later, to pay debt JFP owed TWH, but did not pay until 1865. Lindsay Price, T. W. House TBS sold cotton in 1864, bought Negroes, claims cotton worth more than debt pd TWH. Jury found JFP due $631 for cotton. Steward v. State 1879 25. Legalize Hector Steward, wife Smith Reversed and Remanded. HS automatically married under Const 7 TX App 326 cohabitation J C Robertson of 1869, legalizing slave marriages and unlawful to marry Clark another without divorce. Failed to show was with wife in 1870. Stokes v. Williams 1869 7. Warranty title, *2 Negroes, Nancy Ellis Dismissed. JGW foreclosed on note for slaves, GS d. and they 32 TX 212 note due? B., Guy Stokes, J. G. N M Burford were to be sold and excess given to wife, but emancipation Morrill 24. Abolition Williams came, status of mortgaged property is different. Swinney, Green & Co. 1866 4. Property debt *2 Negroes, Swinney, Navarro Affirmed. Nancy claimed Negroes as her separate property, debt v. Booth Green, & Co., Nancy, Gregg of husband. Jury agreed. 28 TX 114 John Booth Moore Thomas v. Hill, Adm. 1848 8. Hire debt *certain slaves, I. L. Austin Affirmed. Thomas, Adm. paid debts of estate, then resigned, and 3 TX 270 Hill, Ben Thomas, Hill, as new Adm. refused to pay Thomas, claiming that Thomas Wheeler B. R. Thomas got benefit of slave hires while Adm. Jury agreed. Thomas v. Young 1849 8. Hire debt *Negro man, San Augustine Affirmed. 1843 TW filed for payment of note of YW to AW, to 5 TX 254 Thomas, Young, A. set off note with hire of Negro, 1846 Thomas wants hire struck Lipscomb Whiting out, 1847, YW wants delivery of Negro. Thomas, Adm. v. Brooks 1851 4. Property debt *Negroes, Young, San Augustine Affirmed. Thomas, Adm. of A to recover slaves of estate, sold 6 TX 370 Thomas, Adm of in 1843 for debt owed to Y. Negroes bought by Y’s agent, JPH, Lipscomb Anderson, J, P. in 1844 sold to Polk, who sold negroes 1850 to B, past statute of Henderson, Brooks limitations, Adm. error. Thomas, Adm. v. 1854 4. Property debt *3 Negroes, Thomas, Walker Affirmed. JCD gave bill of sale to LF for 3 negroes for $1600 Chance John C. Dodds, pd with notes from LG, should title by LF and EF to LG for ½ 11 TX 634 Chance, Lucy Ferris, league on Trinity River, not be good, Negroes w/ their increase Hemphill Edward Ferris, Lewis of hire should revert to JCD. EF also sold 1000 ac to BFW in & Jane Goddard, B.F. 1848, not recorded. LG w/ wife sold ½ league to JCD. (Parker v. Wright, Francis Chance & wife (1854) decided land by LF was community Slaughter property). T, Adm. of JCD wants slaves. All titles good. Thomas, Adm. v. Greer 1851 4. Property debt *slave, Thomas, San Augustine Affirmed. Thomas, Adm. of Anderson, suit to recover note by 6 TX 373 Young, J. P. Young for slave. JPH, as Y’s agent bought slave 1843 Lipscomb Henderson, Anderson, foreclosure and sold to Greer, who Thomas later sued. For seven Greer years, T made no claim, Greer held slave by adverse possession. Thompson v. Berry 1862 4. Property possess *slaves , Milly, John McLennan Affirmed. MB in fear that slaves were free in Coahuila y Texas, 26 TX 263 W. Berry, N W Battle took them to LA in 1833, where seized as contraband, T bought Bell Burrell Thompson, at sale, but half belonged to son, JWB, who sues T, and gets J. H. Thompson judgment in LA and slaves returned.

Hudson database TX Sup Ct slave case decisions

Thompson v. Chumney 1852 4. Property debt *Jack, Thomas San Augustine Affirmed. T against C to get *J on bond, conflicting evidence, 7 TX 389 Chumney Wheeler dissents it is a mortgage, service of slave as interest. Hemphill Thompson v. Cragg 1859 4. Property inherit Martha J. Cragg, Williamson Reversed and Remanded. Against C in favor of S, explains 24 TX 582 Eliza, William E. H. Vontress Spanish community law as re: Texas, “principle … asserted that Holder, W. D. the community of acquests and gains, ceases to exist at the Thompson, J. K. moment of death of one of the partners…each party is seized of Benjamin, F and one undivided half of the property, composing the mass, and Moses Smalley, that the survivor can not validly alienate the share not belonging Aaron Rubel, to him. Thomas Bacon Thompson v. Thompson 1854 7. Warranty title *slaves, Victor, Wiley Cherokee Affirmed. VT for possession of slaves fr bro WT that VT gave 12 TX 327 Thompson by deed of gift, but changes mind and wants back, V showed no Hemphill conditions to deed of gift. Thurmond v. Trammell, 1866 4. Property title *Phebe, Julia, Henry Gonzales Affirmed. T’s grandfather gave her P, TJT mortgaged, but JT et al Trammell F Jones paid that, and got *P, moved to Texas. Five years later, TJT 28 TX 372 T. J. Thurmond wants *P as nurse for his little son, title was in her father TJT. Donley Timmins v. Lacy 1867 25. Legalize *Sarah Lacy, *Harry Cherokee Affirmed. HP apprenticed son MT, Mary and Moses claim 30 TX 115 cohabitation Pope, *Elkin Pope R A Reeves parents, but son fruit of HP, ten years before. MT to give 100 Moore Apprenticeship of *Mary, *Moses, acres when EP age 21. SL gets child back, father of bastards children *Chuff, *Leney, Mary have no parental power, slaves not married, has General Timmins Apprentice Law, 1866. Case gives amounts that all were paid. Tinnen, Gard. v. Mebane 1853 4. Property inherit *Nancy & *children, Lamar Affirmed. LM granted *N in will of GM, minor, father AM lists 10 TX 245 Geo Mebane, Alex *N his, LM married LT, moved to TX, had children, AM d, *N Hemphill Mebane, Louisa M. inventoried his, LMT and LT d., guard (Isiah Wills) sues for *N Tinnen, Lawrence for LMT’s children. T’s children inherited 2600 ac, 60+ slaves, Tinnen why suit for one more? Statute of limitations expired after 33 years, *N stays w/ Mebane family. Tippett v. Mize 1867 4. Property debt *Jerry, Burnell Panola Affirmed. Mize gave note in 1863 in CSA, but did not pay by 30 TX 362 Benton, Andrew Ector 1865 when Jerry free, Tippett sued, but sale not thru court, jury Donley Tippett, L. G. Mize for Mize. Tobler, Adm. v. 1869 8. Hire debt *2 slaves, Albert Bell Reversed and Remanded. Adm. sued on note from Tobler for Stubblefield, Adm. Tobler, E. D. T Harrison hire of two slaves from estate of Houchins, new proceedings that 32 TX 188 Stubblefield, John S and K could not both be Adm. to sue for note. Lindsay Houchins, A. Kuykendall, E. S. Knowles

Hudson database TX Sup Ct slave case decisions

Todd v. Dysart, Adm. 1859 4. Property inherit *Frank, *Sarah, Wm. Shelby Reversed and Remanded. WT Jr claimed slaves as his and not 23 TX 590 Todd, Sr, Wm. Todd, Hicks part of Sr’s estate, and claimed by in had been, but were Wheeler Jr, E. B. Dysart, conveyed in trust to keep from James Hanks in suit. Testimony James Hanks, of McWilliams not allowed. Robt. McWilliams Townsend v. Hill 1857 8. Hire debt *slave, Moses Colorado Reversed and Reformed for abaetment of hire. Slave of H died 18 TX 422 Townsend J H Bell two weeks after hire without any fault of MT, DHH wants note Wheeler D. H. Hill paid in full. Wheeler favors loss to owner. Trammel, & Adm. v. 1870 4. Property debt *30 slaves, Rusk Reversed and Remanded. JR estate, owed GT $2856 for 30 Philleo, Adm T.L. Philleo, John JB Williamson slaves due 1862, JR d in 1863, w/ large estate. Philleo, Adm. 33 TX 395 Robertson, Geo W. sold slaves 1865, sold cotton for cash, pd himself specie, others Walker Trammel, Stroud, L.J. in CSA, was ordered to pay all creditors Nov 1865, resigned, Graham LJG, new Adm. GT dies, GWT & Stroud revise claim for share of estate. Revision of Philleo Adm. accounts for paying self 2x. Trammell v. Trammel, et 1857 4. Property inherit *5 Slaves, Gonzales Affirmed. PT d, left all to NT w/ Henry as exec in Ark. HT to al Henry, Nicholas, F. Jones TX w/ slaves, NT marries in Ark, moves to TX and d with wife 20 TX 407 Phillip, Amanda, & AT in Ark, TX kin claim slaves, jury awards to widow. Wheeler Jarrett Trammell Trammell, Admx v. 1858 4. Property inherit *Hannah, *Frank, Gonzales Affirmed. MT sues BS for slaves, hire as heir, but not only heir. Shropshire Mary Trammell, Fielding Jones BS keeps slaves until family settles feud between N v H and N v 22 TX 327 Nicholas Trammell, HA, w/ suits in 1855 and 1858 court collected $4190.80, but BS Wheeler Henry Trammell, & Tevis not give Mary, as some due minor grandson NT, Jr, d Harrison Askey Ben intestate, do not know who to pay. One co plaintiff can not Shropshire, Tevis litigate his rights against other plaintiffs, BS kept cash. Trammell, et al v. 1867 4. Property inherit *Violet, *Julia, Cherokee Affirmed. PT sold his share in Violet to McDade who sent her McDade *Angeline, Phillip to Memphis where she later died w/ 3 children. Trammell’s heirs 30 TX 360 Trammell, Thomas, sue for slave or children. McDade has title to share of Violet that Donley James McDade Phillip sold, and PT’s estate has no claim. Tucker v. Willis 1859 4. Property possess *Negro woman, Denton Affirmed. Jesse Gaddie gave negro to Malvina as marriage gift, 24 TX 247 Margaret, J. T. Willis, N M Burford but died in Texas. Negro with sister and husband, Jesse says he Roberts Malvina, Jesse loaned slave, and wants Negro to care for deceased daughter’s Gaddie, Jos Tucker children, gift shown by evidence. Turner v. Lambeth 1847 4. Property debt *Slaves, Red River Affirmed. WML sued WFJ in MS for $10,000 for slaves taken 2 TX 365 Samuel S. Turner, to Red River Co, restored to SST, as exec of WFJ, BS, overseer, Lipscomb Wm F. Jones, Wm M. agent of WML, for SST under Republic law reversed and Lambeth, B. Sellers remanded for appeal, this trial for WML to est lein and collect state foreign debt of two crops shipped to WML

Hudson database TX Sup Ct slave case decisions

Turner v. Smith 1854 4. Property debt *Jim, Morgan Smith, Brazoria Affirmed. Turner sues Smith and Adriance for Jim, but had 11 TX 620 John Adriance, John gotten deed and compensation from Groce, who sold to Smith. Wheeler Moore, Edwin Waller, Waller also claimed and took from overseer Brown. Smith had Leonard Groce, receipts, deeds, sheriff’s sale. Hansborough U. S. v. Cole 1907 24. Abolition Judge Johnson Guadalupe Affirmed. JJ claims he and wife took from Seguin to LA to 153 F 801 Peonage Hagar Johnson work out debt to JT Cole against his will. First trial no Bexar J. T. Cole agreement, second, not guilty. Maxey M. .Z. Cook Underwood v. Parrott 1847 4. Property debt *slaves, Brazoria Reversed and Remanded. CWP sued AU for proceeds of cotton 2 TX 168 Ammon Underwood, shipped and sold by AU, who deducted cost of merchandise Wheeler Cato W Parrott, John delivered to CWP, also sold slaves to AU, no accounts or T. Gill written agreements shown, need for more information. Union Bank of LA, et al 1851 4. Property debt *102 slaves, Josiah, Reversed. Dist Ct. of TEX, LA Bank tries to seize 102 slaves v. Stafford et al Wm. S., Wm. M. mortgaged for $45,000, bank reposed LA land, but Stafford took US 53 Stafford, slaves to Texas and later claimed them by adverse possession. 12 Howard 327 Jeannetta Kirkland Van Bibber v. Geer 1854 4. Property debt *Negro, Van Bibber, Hopkins Affirmed. G brought suit against C on note for *Negro, VB 12 TX 15 Geer, Cole, Dixon intervened as owner of note, had traded it to Dixon for *N, not Wheeler sound. Geer wants to return *N but D refused, wants pay. Vardeman v. Lawson, et 1856 4. Property debt *Violet, *John, Rusk Affirmed. Ailey’s mother gave slaves to her as separate al Wm. & Ailey Morris property, married V, and moved to TX where V purchased land 17 TX 11 Vardeman, James from HL, paying partly with AV’s slaves. Lawson sued for title Wheeler Butler, Henry Lawson for slaves. Vickery v. Ward 1847 4. Property debt *Negro Boy, Carmine Jackson, Reversed and Remanded. WJW obtained judgment in Harris ag 2 TX 212 W. Vickery, Wm J. change of venue TJ, executed judgment in Victoria where had property, day Lipscomb Ward, Tarpley, F. from Victoria, before levy, FJ, agent for TJ, sold *N to CWV with $500 note Jones from Harris due in 4 mos, if not pd, boy returned to TJ, Ward can collect. Wade v. DeWitt 1857 7. Warranty health *Jack, Wm. H. Wade, Gonzales Affirmed. Owner claims Jack died from exposure and ill 20 TX 398 C. C. DeWitt F Jones treatment. Dr. finds obstruction in heart growing for several Wheeler years, breach of warranty for health and soundness. Walcott v. John 1851 4. Property debt *2 Negroes, Cass Affirmed. Walcott sued for debt of Hendrick who wanted Hendrick, Adm. John Hendrick damages set off for cost of board as required by law. Jury 6 TX 465 awarded $200. Hemphill Walker, Exec. v. 1870 4. Property 13 slaves Harris Reversed and remanded. 1851 Mother willed her share of land Howard, et al CW Buckley, WH Geo Scott and slaves as community property to children with husband 34 TX 478 Howard, WB Walker, right of administration. 1860, he sold land and slaves, then King Holstein bought more land, but died in poverty. Surviving child tries to get land that was once part of estate.

Hudson database TX Sup Ct slave case decisions

Walker v. Stringfellow 1868 4. Property title *Slave woman, Brazoria Affirmed. E and CW come to TX w/ her slave woman, she 30 TX 571 *children, Caroline & G W Smith returns to GA, separates from EBW, wants woman sold. They Lindsay E. B. Walker, Tod go back together and she wants woman back with children. Robinson, Chesley Fraud by wife to get back, buyer Stringfellow's title upheld. Stringfellow Wall, Adm. v. Clark 1857 4. Property inherit *Jim, *Mary Ann, Houston Reversed and Remanded. Probate Ct claims right to Adm. MC 19 TX 321 *woman, & *child, *2 John H. Regan estate and sell property, husband SC sues in Dist Ct for his Roberts Negroes, Chas L. community property and as heir, on appeal, Wall as Adm. sues Wall, Spencer Clark, SC to Adm. separate property of wife, *Jim and *Mary Ann, Margaret Clark land, sold to pay wife’s heirs, SC can Adm. community property but not Margaret Clark’s separate property. Wallace v. Burden 1856 4. Property inherit *Milly, *Esther, Mary Williamson Affirmed. MCW, dau of PSD, given *M by father 1821 when 17 TX 468 C. Wallace, Nathaniel Thomas H. Duval minor in TN, 1829 M married WSW, all her property became Hemphill Burdem, Willis S. his by TN law, came to TX leaving *M w/ father. PSD d and Wallace, Parker S. bros sell *M in 1851 to NB, Mary’s husband d in 1853, Mary Doss claims *M’s child Esther as a TN surviving spouse. WSW never took possession of *M so can’t claim surviving spouse. Wallis v. Beauchamp 1855 4. Property debt *certain slaves, Washington Affirmed. JJB sued for property recovered in judgment ag JW, 15 TX 304 John J. Beauchamp, but held by JCW by bill of sale from JW for slaves to JCW for Hemphill Joseph Wallis, $10,000, to prevent taken for debt, in return JCW would support John C. Wallis his mother and father and brother and sister. Walmsley v. Hubbard 1860 4. Property debt *slaves, John Calhoun, Affirmed. Sarah was owner, son brought slaves to Texas. 25 TX 612 Walmsley, Sarah & F Jones Walmsley had no claim to Negro. W had no right to take Bell John Hubbard Mother’s slave for judgment in debts of son. Walton v. Cottingham 1868 7. Warranty health *Negro woman, Refugio Affirmed. Cottingham purchased woman from W and claimed 30 TX 772 Wm W. Walton, J.J. Holt she had disease of womb when purchased. Physician said she Morrill James Cottingham, had for years. Jury verdict for C. A. H. Cook Walton v. Hamilton 1850 8. Hire debt *Negroes, G. L. Travis Affirmed. Roy hired negroes of H, then, Walton hired negroes 24 TX 216 Walton, A W Terrell from Roy. Hamilton wanted money from Walton. Walton was to Roberts W. A. Hamilton, pay H. F. S. Roy Warren v. Dickerson & 1848 7. Warranty title *Frank, Nancy Houston Affirmed. NW had possession of *F, given by Pa in MS, who d Tutt Warren, and wills Frank to her, husband traded *F to D and T, Nancy 3 TX 460 Richard Tutt, claims slave her property. NW could not claim before d of father Lipscomb William Dickinson who did not send ownership notice and gave husband right to sell. Warren, a Freedman v. 1867 10. Regulation of Warren Austin Reversed and Remanded. W. confessed to theft of E property, State Freedmen, theft T. A. Engleke Shropshire found guilty with two years in pen. Under slave code, 29 TX 370 “confession . . . should never be used in evidence . . ., when Donley made after whipping or other chastisement has been inflicted.” Hudson database TX Sup Ct slave case decisions

Watkins v. Edwards 1859 4. Property trade *Negro woman, Cherokee Affirmed. M gave AM Negro woman worth $800 to go to LA 23 TX 573 R. F. Mitchell, R A Reeves and purchase land for them. Land was claimed by buyers of Roberts, see Mitchell v T. F. Puckett , woman. Puckett 23 tx 573 Antonio Manchaca Watts v. Johnson, et al 1849 4. Property inherit *Negro woman, A. E. Harris Affirmed. Slave of Johnson children given as colatteral by 4 TX 311 C., & Margaret stepfather McGuire to Watts. Children sued for slave back as Wheeler Johnson, Sam their inheritance and her hire used to extinguish debt. McGuire, Burwell Lewis, J. D. Groesbeck, A.M. Monroe, W. G. Watts Webb v. Mallard 1863 4. Property debt *Ellen, Henderson Reversed and Remanded. Mallard and wife mortgaged Ellen, 27 TX 80 W. D. Webb, R A Reeves Webb obtained judgment. Wife claimed as separate property, Moore Melissa Mallard, but she needed inclusion in judgment. A. F. Mallard Webster v. Corbett 1871 22. Manumission, *Betsy Webster, Galveston Reversed and Remanded. Lots from W and H to C in 1859 and 34 TX 263 slave wife inherits David Webster, G R Scott in 1865 took possession, jury gave to him, when he got deed she Walker all property —held Mrs. Hardin, a slave and got money. To get lots back she must refund money. in trust John Corbett Hardin as trustee could not sell nor make deed without order of probate court. Hardin should be made a party to suit. Webster v. Heard 1870 22. Manumission, *Betsy Webster, Galveston Affirmed. BW, a slave, emancipated 1856, left all estate of DW 32 TX 685 slave wife freed David Webster, T. J. G R Scott held in trust by Mrs EJH. MG contests as heir, P and B defend Morrill and inherits all— Heard, Mrs. EJ for 1/3 estate in 1858, BW sells lots to TJH in 1859, in 1866 held in trust Hardin, Martha Betsy claimed fraud by P&B, trial 1869. Deed was good as Greenwood, H. B. signed by EJH and her, overruled by Webster v Corbett. Martin, R. B. Whiting Weems v. Lathrop 1875 8. Hire debt *Negroes, Matagorda Affirmed. 1858, HCM and JAC Adm. of WM estate brought 42 TX 207 M. L. Weems, A. S. Wm H Burkhart suit ag heirs to est right in hire of Negroes, Brooks appointed Gould Lathrop, Wm Manor, receiver in 1859, w/ Jones and Weems sureties on bond, made Henry C. Manor, reports, 1859 1860, and 1865 for 1864. 1871 Brooks d, and James A. Coker Lathrop appt’d receiver, instituted suit ag MLW, Jones & Brooks d, insolvent. B not make reports, 1874 rec judgment. Wellborn v. Carr 1846 4. Property title *Slaves, Wm Red River Affirmed. WW pur slaves from JC in AL, brought to Red River 1 TX 463 Wellborn, Jesse Carr, Co dur Rep; JC was lunatic w/ guardian, DAM, sued WW for Lipscomb David A Monegan return of Negroes, increase, and hire. Jury found maintenance equal to hire, W owed no money, negroes returned to guardian. Westbrook v. Mitchell 1859 3.Who were slaves *John Lewis Redrolls, Hill Affirmed. Suit by Westbrook against Mitchell for recovery of 24 TX 560 Negroes could not J. B. Westbrook, N W Battle Negro who sold himself to slavery by W, but was enticed out of Bell sell selves W.L. Mitchell, Jr possession of W by Mitchell. Act of Jan 27, 1858 authorizing free Negroes to choose master under jurisdiction of court.

Hudson database TX Sup Ct slave case decisions

Westbrook v. State 1859 3. Who were slaves *John Lewis Redrolls, Hill Affirmed. Indictment against Westbrook for imprisoning and 24 TX 563 T. M., John B, N W Battle kidnapping Redrolls, a free Negro. Westbrook v Mitchell Bell Stephen Westbrook (1859). Wheeler v. Hollis 1870 4. Property inherit *slave, San Augustine Reversed and Remanded. W, guardian of H, had Negro in MS, 33 TX 512 H. A. Watson, came to TX, W sold *Slave in Nacogdoches, moved to Ark, Walker Elizabeth Hamilton Mrs. Watson entitled to ½ estate, prior to Jan 28, 1840. See 19 TX. 522 Wheeler v. Wooten 1863 4. Property debt *2 slaves, J. O. Gonzales Affirmed. Judgment by Wheeler against M & S for debt, first 27 TX 257 Wheeler, W. Wooten, F. Jones trial in W’s favor, former appeal reversed and dismissed, JOW Bell Wm. Means & Sneed claimed got no notice to deliver slaves. See Wooten v. Wheeler 22 TX 338 (1858). White v. Burney, 1863 4. Property title *Jane, Ransom White, Fannin Affirmed. Elizabeth’s father gave her Jane in 1850. They sold Trustee E. R. Myrick, W S Todd Jane in 1858 for his debts, Jane died and trustee Burney sues for 27 TX 50 Churchill Beale, return of Jane. Buyer beware, did not include form by wife that Wheeler Elizabeth & M. H. she sold of own accord, for deed to be valid. Re; Dunn v Choate Nicholson, John B. (1849). Jamison, R A. Burney Whitehead v. Nicholson 1875 23. Emancipation *Aunt Sarah Victoria Reversed and Remanded. Nicholson claims right of homestead 48 TX 517 W.J. Whitehead, T.C. Burden to property, but after marriage of daughter and emancipation, Moore J.L. Nicholson Whitehead claims Aunt Sarah no longer makes family. Williams v. Arnis 1867 8. Hire debt *Eliza, *Ben Cherokee Affirmed. Jan 1865, PW and Meadow hire 3 negroes from HA 30 TX 37 24. Abolition *Charles, P. Williams, R A Reeves and promise to pay $700 in current funds in one year, but claim Smith Meadow, Henrietta do not owe, as slaves free in 1863,& note in CSA. Jury awards Arnis part pay in US equivalent, HA gets money for hire until free. Williams v. Bradbury 1853 4. Property debt *9 slaves, Brazoria Reversed and Remanded. 1843 judgment ag W & McK, some 9 TX 488 Williams, McKinney, paid in 1844, 1852 W files injunction to restrain judgment ag W Wheeler Bradbury, Reed and McK for 9 slaves, seeks relief for partial pmt made. Williams v. Durst’s 1872 4. Property debt *unknown slaves, Walker Reversed and Remanded. 1855 suit ag JD for 1845 debt, of 1200 Adm. H. H. Williams, John P. W. Gray acres, 400 cows, 30 mules and horses, and slaves. Agreed to 35 TX 421 Durst, Henrietta plant 250 acres cotton, give 2/3 each crop to JPR, trustee, to pay Walker Durst, John P. debt, if not, JPR had right to sell land. Pd until 1850 when Reinhart balance $9,137. 1872 JD d., wife admnx, allowed debt as claim, but does she get homestead. Williams v. Edwards 1855 4. Property debt *slave, Fayette Affirmed. JAE sues EAW for note due for $1,000 for slave in 15 TX 41 Edward A. Williams, 1854. EAW claims that JAE said he would not expect principal Hemphill James A. Edwards, if he p interest for five years, judge and jury say he promised to William Murphy pay in a certain time & can collect as debt. Williams v. Ingram 1858 7. Warranty health *Negro, E. A. Fayette Affirmed. EAW knew of disease of which Negro died, “traded 12 TX 300 Williams J. H. Bell with his eyes wide open,” but sued for worth although consulted Wheeler John Ingram a physician about affecting a cure before purchase.

Hudson database TX Sup Ct slave case decisions

Williams v. State 1875 10. Regulation of *Gus Williams, Smith Reversed and Remanded. W charged with theft, claimed not a 44 TX 34 Freedmen, theft J. D. Barron, J. L. Camp jury of peers, selected without regard to race, color, or previous Reeves Moore, Heath, condition of servitude. Witness was blind. Brown, Green Williams v. Wethered 1872 7. Warranty title *slaves, O. L. Hill Reversed and Dismissed. FMW traded 800 acres for slaves in 37 TX 130 Emancipation Williams, Frances & F P Wood fall 1863, in fall 1865 claims part of 800 acres as homestead. F Walker F. M. Wethered, &P traded land to OLW. Jury gave FW 200 acre homestead. Fondren & Page Lost all, including homestead due to emancipation. Willis v. Harris 1861 8. Hire death *slave, Gonzales Reversed and Remanded. Harris sued Willis for slave lost life in 26 TX 163 D. Willis, F Jones cleaning out well. Slave was hired for farm, ranch work, need to Roberts B. Harris include the evidence that hire was to split rails. Wilson v. Catchings 1874 25. Legalize Augustus, *Sally Kaufman Reversed and Remanded. AC d. and ATW filed for Adm., but 41 TX 587 cohabitation Catchings A. J. Fowler SC claimed land as wife, now in Rockwall County. ATW claims Gould A. T. Wilson she was hired to care for 10 year old & paid in land, wagon & team. Rockwall Co. organized after C’s d, try case in Kaufman. Wilson v. State 1867 8. Hire value *Nat, Harris Reversed and Dismissed. 1861 W indicted for murder, abuse 29 TX 240 19. Offenses Wm. R. Wilson, J A Baker and cruelty, gave 600 stripes with gutta percha strap w/out Donley against slaves McMorris provocation, trial 1865, jury find guilty of another charge, but not murder. Wilson goes free when appealed. Winburn v. Cochran 1852 4. Property inherit *Negro woman, Washington Reversed and Remanded. JC loaned *woman to W who d, wife 9 TX 123 McHenry & Lucy remarried and held *woman from 1842 to 1851 when TC took Lipscomb Winburn, Robinson, woman in middle of night. Verdict for TC, but reversed for J. L. Hill, Lucy's adverse possession of woman. Jeremiah Cochran, Thomas Cochran Wingate v. Wingate 1853 4. Property inherit *Boston, Edward T. Polk Affirmed. 1849 RPW of MS sued ETW in TX for *Boston @ 11 TX 430 Wingate, Robert P $1,000, w/ hire @ $6 mo, 1841 1848. WWW gave *B to sons Lipscomb Wingate, Jr., John RP and JW in 1841, but reserved use, hired *B to son, ET, with Wingate, Walter W. whom WW lived in LA until d 1844. JW released rights to RPW Wingate, Sr, of MS. RPW made no demand for B, until 1848 wants hires from 1841, hire ended 1844 w/ death of WWW. Woffard v. Thompson 1852 4. Property debt *Negro woman, 3 San Augustine Affirmed. W sent *N by son from KY to LA to avoid creditors 8 TX 222 children, Woffard and left with S.T. who moved to TX. W to TX, borrowed $300 Wheeler Sam Thompson and gave mortgage, traded horse, T d. W brought suit for cancellation of mortgage and hire of $2,000, jury denied. Womack, Adm. v. 1852 7. Warranty title *Daniel, Ann, Harrison Affirmed. AW had slaves, husband insolvent, she hired EPW as Womack Jacob Womack, overseer, pd with Negro. She d and husband sued for Daniel as 8 TX 397 E. P. Womack her heir, Ann’s brother keeps Daniel. Hemphill

Hudson database TX Sup Ct slave case decisions

Wooten v. Wheeler 1858 4. Property debt *slaves, Wm. Gonzales Reversed and dismissed. Mortgage with power to sell. Wheeler, 22 TX 338 Wooten, J. O. F Jones who gave note, has slaves on his plantation, but claims right to Wheeler Wheeler, Wm Means, slaves that Wooten got in judgment against Means. Wheeler gets W. F. Mitchell note. See Wheeler v. Wooten 27 TX 257 (1863). Wornell v. Williams, 1857 4. Property debt *Samuel, Rusk Affirmed. WRW sues to be removed as surety on note when suit Adm. T.B. Williams, Joseph Wm W Morris by TBW, Adm. for JEG, sues WRW to pay debt. Court ordered 19 TX 180 & Martha Williams, sale of estate of J. and M. Williams. TBW refused to take note Wheeler James E Glasscock, from JEG, WRW claims JEG bought *S and took to another William R Wornell, county, sold him, leaving sureties to pay note when JEG d. Sureties to see that note paid, and responsible for payment. Wright v. Henderson 1854 4. Property debt Carter & Dinwiddie Red River Affirmed. C & D gave mortgage to B, and W sued H, trustee. 12 TX 43 Berthlett Deed of trust does not differ from mortgage. Wheeler *Negroes Wright v. Nona Mills 1907 14. Land given to *Maria Hamilton, I. Hardin Reversed. MH was concubine of IDH who deeded her 160 acres Co. mistress contested D, Hamilton L B Hightower held in trust by Dupree, who gave to Chapman to hold until 101 TX 12 1876 when he quit claimed to Maria. She sold it to others who Neill sold it to Nona Mills Co. Her heirs sue for timberland. Wright v. Smith 1857 4. Property debt *Slaves, Wm Wright, Lamar Reversed and Remanded. WW won judgment ag WADS in VA 19 TX 297 Wm A.D. Smith, Wm S. Todd for debt on slaves, and WW feared WADS was to leave VA w/ Hemphill WW’s property, which he did and moved to Lamar Co w/out posting bond, later had attorney post bond. Valid or not? Yeary, et al v. Smith 1876 4. Property debt *4 Negroes, Gonzales Reversed and Remanded. Suit by WDS to prevent pay of 1859 TX 56 A. Yeary, Henry Maney judgment to AY & wife ag JWW for $1703, 1859, affirmed, Moore W.D. Smith, 1860 ag sureties APT & MGD when not pd, 1861 execution and A.P. Ferguson, Wm levy on *N, which WDS and WLF w/ JWW gave bond, but Ferguson, John W. forfeited 1861, execution issued, Sept 1861 levied on 245 acres Watson, and bought at Sheriff sale by TMH. Wards of AY, W and APF AP Townes, MG became age July 1861, assumed judgment. WF sold and Dikes, WL Foster transferred his share to TMH, Aug 1861, and Watson pd partial pmt to APF 1861, extended to 1862. First affirmed by Walker. Young v. Epperson, 1855 4. Property debt *Matilda and Red River Reversed and Remanded. Case began in 1842 when HFY sold Adm. children, H. F., *M to G, but left her with FY because of poor health, she d, and 14 TX 618 Frances, and W. H. children remained w/ FY to defraud creditors, FY claimed by Hemphill Young, B. H. adverse possession, appealed as 2 TX 417; 8 TX 135. Right of Epperson, Adm., T. J. foreclosure did not give a right to recover property, but only W. Gibson have it sold for satisfaction of debt. Young v. Gibson 1847 4. Property inherit *Certain Negro Red River Reversed and Remanded. Suit by TJWG ag HFY to recover 2 TX 417 slaves, Thomas, J. W. possession of slaves meant for nephew, HY admitted agreed to Lipscomb Gibson, Hugh F. convey slaves to HY’s son and TJWG’s nephew, Jury that WW Young, recover slaves set aside for new trial.

Hudson database TX Sup Ct slave case decisions

Young v. Lewis 1852 8. Hire damages *Negro girl, Young Bexar Affirmed. HY brought suit to recover value of *N who d of 9 TX 73 Nathaniel Lewis cholera while in hire of NL who took care of her as a prudent Lipscomb and reasonable master would.

Hudson database TX Sup Ct slave case decisions