Petition #20584908


Robert Piles, the brother-in-law of Frances M. Piles, conveyed a slave named Charles "in Trust for the sole use and benefit of your oratrix Francis M Piles." In 1842, James Piles, without his wife's or her trustee's permission, traded Charles to Arthur Burney for Burney's slave Robert; Piles executed a note to Burney for fifty dollars to account for the difference in values of the two slaves. A week later Frances returned Robert to Burney and demanded that he relinquish Charles. Burney refused. In 1846, the Pileses acquired a writ of replevin against Burney and regained custody of Charles. In 1848, the court awarded Charles to Burney and the Pileses objected, claiming that their attorney was negligent and unprepared when the case was heard. The Pileses have instituted an act of trover against Burney to regain Charles, and Burney has responded by suing the estate of Frances Piles for compensation for the two years that Charles was not in his possession. Moody and the Pileses seek an injunction to stop Burney's proceedings against Piles's estate until settlement of Moody's suit to recover Charles from Burney's possession.

Result: Granted.

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Citation information

Repository: Marion County Courthouse, Ocala, Florida