Petition #20285407

Abstract

In October 1819, Leah Machen received as a gift from her mother, Nancy Renwick of Newberry, South Carolina, a slave woman named Sarah and her two children. The slaves were given to Leah Machen, via a deed of trust, in the form of a life estate. Nancy Renwick's intent in establishing the trust was to "create and secure" for Leah and her children, "a separate property" that would remain "free from the control of" Leah's husband. Leah and John Machen later moved to Georgia, taking the slaves with them. There, Sarah gave birth to another child, Celia. Later, the Machens moved to Alabama. There, in 1843, the Machens claim, Celia was taken from their possession by one Isaac Payne, who sold her to one Henry J. Thompson. The Machens assert that both Payne and Thomspson knew that Celia belonged to Leah Machen's life estate, and were well aware that they could not have any legal claim to her. They assert that they have recently been informed of Celia's whereabouts and sue to recover possession of her and her children from Thompson. Leah Machen asserts that "the said Girl Celia is a family Negro and greatly endeared and attached to the family," and "your complainant is greatly attached to Celia and prizes her above money and that no amount of money would compensate your complainant for the loss of her." Nevertheless, she seeks to be compensated for the value of Celia's hires since 1843. In his answer, Henry Thompson denies having any knowledge of the Machens or the circumstances surrounding the deed of gift of Nancy Renwick to her daughter. He claims that Celia "was openly and publicly offered for sale by one I. B. Payne" in the slave mart at Memphis and that he and his partner, Dr. Lewis Shanks, purchased her for $412.50.

Result: Dismissed; appealed.

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Citation information

Repository: University of Arkansas at Little Rock, School of Law, Little Rock, Arkansas

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