Joel and Polly Lowrance seek the return of a slave named John Solomon. Upon their marriage, Polly was the sole owner of a slave named Tempy, the mother of John Solomon. In 1840, Joel became indebted, prompting Polly to mortgage her slaves to John Fisher, who agreed to advance money for the debts on the condition that he get to keep the slaves in his possession until he was repaid. The Lowrances, "not understanding the form of a Mortgage; Executed to said Fisher a Bill of Sale for Said Negroes; for the precise amount of Money advanced, $403.75 ... Said Negroes at the time were worth considerably more." Soon afterwards, Joel Lowrance fell ill and "Fisher came to see him; and whilst there persuaded your Orator to let him have the obligation which they held on him to deliver the negroes." Two years later, the Lowrances requested the return of the slaves but Fisher denied them. Instead, he sold Tempy to "a negro trader, who soon after Took her out of the Country." Fisher is now dead, and his heirs have advertised to sell John Solomon at public auction. Having "much more than paid" their debt, the Lowrances pray that their slave be returned to them and that the estate compensate them for the loss of Tempy. In the meantime, they pray that the estate be enjoined from selling John Solomon.
Result: Granted; appealed; affirmed and remanded.
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Repository: Tennessee State Library and Archives, Nashville, Tennessee
