Petition #20183107
- Franklin County, Alabama. December 10, 1831. - January 19, 1832.
- Court: Circuit
- Salutation: To the Honorable Lion L. Perry one of the Judges of the Circuit Court for said County in Chancery sitting
Abstract
In a previous petition filed in January 1831, Ellis Isbell sought the return and title to the four slaves he claims to have mortgaged to the defendant, Benjamin Hudson. Isbell recounts that, being unable to pay a $530.92 judgment obtained against him, he asked Hudson to pey it on his behalf. He secured the debt to Hudson by mortgaging a family of slaves to him. Isbell, desirous to reclaim his slaves, attempted to repay Hudson the amount owed but Hudson refused to accept the money and continued to hold the slaves in his possession. In the earlier petition, Isbell charged Hudson with fraud and sought title to the four slaves -- either upon payment of the debt or upon payment of the difference between the interest on the debt and the slaves' hire. In his current amended bill, Isbell states that he has reason to believe that Hudson "will dispose of said slaves and place it out of your Orator's power to regain or redeem them even if he succeed in his said Original Bill." Isbell further notes that he has learned that Hudson has drawn up a deed in trust that mortgages "two quarter sections of land and twenty or twenty one negroes including the four which your Orator claims the right to redeem." Isbell alleges that the money to be secured to Hudson's securities "as appears in said Deed in Trust is three thousand one Hundred Dollars and that said property conveyed is amply sufficient to pay the same exclusive of your Orator's said four slaves sought to be redeemed." Isbell points out that the said deed in trust appears to be dated "7 June 1831," which is five months after the date he filed his original petition. The petitioner seeks an injunction "preventing and restraining said Hudson from disposing of said four Slaves or taking them out of the power of the process of this Court untill a final decree is made in the case of the aforesaid Original Bill."
Result: Granted.
- Number of petition pages: 2
- Related documents: PAR #20183105; Sworn Statement, Ellis Isbell, 10 December 1831; Order, 19 January 1831; Bond, Isbell, et al., 3 February 1832; Injunction and Restraining Order, Benjamin Hudson, 3 February 1832; Writ of Attachment, 3 February 1832; Bond, Benjamin Hudson and A. J. Christian, 9 February 1832; Summons, Benjamin Hudson, 6 February 1832; Order, February Term 1832; Answer, Benjamin Hudson, 28 March 1832; Interrogatories, Claiborne Williams, Daniel Williams, Anderson Bean, John Lewis, James Davis, Gregory D. Stone, William H. Sale and Allen B. Hundley, 6 January 1832; Interrogatories, John Lewis, Richard S. Jones and Gregory D. Stone, 3 February 1832; Cross Interrogatories, Allen B. Hundley, Claiborne Williams, William H. Sale, John M. Lewis, James Davis, John Lawler, Nancy Hardwick, Benjamin Gray, Robert Thompson, Anne E. Thompson, William Davis, Theophilus Skinner, and John Hudson, 6 July 1832; Cross Interrogatories, William H. Sale, John M. Lewis, James Davis, and John Lawler, 17 July 1832; Deposition, Daniel Williams, 13 January 1832; Depositions, Allen B. Hundley and Claiborne Williams, ca. 1832; Depositions, William H. Sale and Anderson Bean, 3 February 1832; Depositions, Gregory D. Stone and John M. Lewis, 23 February 1832; Deposition, Lewis Walden, 15 August 1832; Interrogatories, Lewis Walden, 1 August 1832; Deposition, Richard S. Jones, 28 August 1832; Depositions, Benjamin F. Gray and William Davis, 1 August 1832; Depositions, Robert Thompson and Ann E. Thompson, 4 August 1832; Depositions, William H. Sale, John R. Hudson, John M. Lewis, Theophilus Skinner, John Lawler, Claiborne Williams and James Davis, 20, 21, 27, 29 August 1832; Decree, 29 August 1832; Supreme Court Decree, 20 July 1833
- Pages of related documents: 21
7 people are documented within petition 20183107
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Citation information
Repository: Alabama Department of Archives and History, Montgomery, Alabama
- Alabama Supreme Court Cases, Record Book, June 1833
- Page: 225-254
Subjects
