In 1843, prior to her marriage, Caroline L. F. Brodie of Autauga County put her money, notes, and ten slaves in a trust for her "separate use, support & maintenance" free from any "molestation or hindrance on the part of any person." Her husband, Addison C. Love, agreed to this by signing a marriage contract. In 1844-45, her trustee Erasmus Love of Richmond County, North Carolina, used her money and proceeds from her notes to purchase two slaves, and her husband used her money to settle debts contracted before their marriage. Now the sheriff has levied and confiscated several of her trust slaves to satisfy her husband's debts, and Caroline has sued her husband and his creditor. Deprived "of the use & labour of said slaves for several months" and "greatly perplexed & harrassed & put to great trouble and expense-", she asks the court to declare that the confiscated slaves belong to her, and seeks an injunction restraining any creditor from proceeding against her property. The husband's answer is "pro-confesso."
Result: Granted; appealed; corrected; remanded.
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Repository: Alabama Department of Archives and History, Montgomery, Alabama