Martha Rochelle avers that her late husband James Rochelle died in 1835 possessed of "a large estate consisting of land, negro slaves, and other property ... That among the negro slaves aforesaid was a female named Comfort." Martha asserts that Rochelle purchased Comfort from Martha's brother, Robert Hines. Because Comfort was very young at the time of the purchase, Rochelle allowed her to live with her mother, who was owned by Martha's other brother, Samuel B. Hines. After the appraisal of Rochelle's estate, at which Comfort was found to be worth $600, she was returned to Samuel with the understanding that he should continue to feed and clothe her, and that she should be returned whenever Martha Rochelle requested it. This arrangement "was designed to be, and constituted, in truth and fact, in law and equity, a hiring" out of Comfort. In 1842, Comfort and her two daughters were returned to Martha Hines; but soon thereafter, a judgment was brought against Samuel Hines by James Carroll and levied upon Comfort and her two daughters born after the death of James Rochelle. Martha Rochelle complains that Carroll is "filled with fraud and unjust intent" and that he "had long known" that Comfort was not Hines's property and therefore cannot be sold to satisfy a debt against him. In consideration of this, Rochelle prays that Carroll be restrained from selling Comfort and her daughters, and "that your Honour will decree such injunction and restraint to be perpetual."
Result: Injunction granted.
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Repository: Library of Virginia, Richmond, Virginia
