- Autauga County, Alabama. November 23, 1827. - June 29, 1833.
- Court: Circuit
- Salutation: To his Honor John M. Taylor one of the Judges of the circuit Court of said State & exercising chancery Powers
Peter Wyatt purchased "a negro man slave named David" from Moses Greer in July 1822, in exchange for a note for $551.02, from his brother William Wyatt, along with a horse, saddle and bridle valued at $100. The petitioner states that he "had said negro only a few days before he ran away stole some property and in attempting to escape was shot at and hit -- after apprehension in a very few days he again ran away -- And again in the same manner a third time." The petitioner states that "he did not get more than about one weeks service from said negro in consequence of his running away." During David's third attempt at absconding, he committed a robbery and "was taken up, tried & hanged for the crime in May or June 1823." In the petitioner's mind, the slave's death "is fairly and alone attributable to his bad character," and he states that David "was sent or run from the State of Georgia on account of his bad character and that this was known to Greer previous to sale." In addition, the petitioner discloses that Moses Campbell has sued Greer for payment of the note tendered in the purchase of David and Campbell received from the court an $861 judgment, which remains unpaid. The petitioner charges that Greer and Campbell are attempting to defraud him and he asks the court to enjoin them from collecting the debt, and enjoin his brother, William, from paying it, until the court can hear the case. Wyatt, noting that "he has never received one cent compensation for the loss of the negro," also seeks said compensation along with a $100 reimbursement of the court costs of defending David's robbery charge.
Result: Dismissed; appealed; reversed; remanded.
- Number of petition pages: 5
- Related documents: PAR #20183404; Affidavit, Peter Wyatt, 23 November 1827; Fiat and Injunction Bond, Peter Wyatt, 23 November 1827; Receipt of Subpoena, William Wyatt, 22 April 1828; Subpoena and Sheriff's Return, Greer and Campbell, 1 January 1828; Answer and Affidavit, Moses Greer, 7 April 1828; Answer and Affidavit, Moses Campbell, 4 September 1828; Answer and Affidavit, William Wyatt, 5 October 1828; Release of William Wyatt by Moses Campbell, 23 December 1828; Petition of Supersedeas and Affidavit, William Wyatt, 6 March 1829; Fiat, ca. March 1829; Bond for Supersedeas, William Wyatt, 12 March 1829; Declaration of Material Witnesses, 29 January 1830; Interrogatories and Answer, Horatio Perry, 26 February 1830; Interrogatories, Cross Interrogatories, and Answers, John Bibb and Fleming Freeman, 26 February and 8 March 1830; Interrogatories, Cross Interrogatories and Answers, Peyton Bibb and Josiah Rice, 19 and 20 April 1830; Interrogatories and Answers, Malcom McRay, 13 October 1831; Final Decree, April Term 1832; Appeal Bond, Peter and William Wyatt, 24 April 1832; Petition for Writ of Supersedeas and Affidavit, William Wyatt, 8 May 1832; Exhibit A-Fiat, [Found on Page 113 of Court Records]; Issuance of Writ of Supersedeas, ca. May 1832; Bond for Supersedeas, 21 May 1832; Writ of Error, 1832 June Term; Case Continued, January Term 1833; Writ of Release of Peter Wyatt's Interest to William Wyatt, 25 July 1833
- Pages of related documents: 44
6 people are documented within petition 20182701
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Repository: Shelby County Archives, Columbiana, Alabama
- Records of the Chancery Court #2 1839-1846; see also Alabama Supreme Court Cases, #1325, Record Book 435 (June 1833) Alabama Department of Archives and History
- Page: 104-24