In 1837, prior to their marriage, Camilla Buckley and Pearly S. Gerald signed a prenuptial agreement. It promised that Camilla's property would be exclusively hers "to use and enjoy and receive the rents, issues, hire and emolument of the said estate real and personal during the Coverture." Part of the emolument was a loan she had made to a business firm, a member of which was one Justus Wyman. When the company defaulted, Camilla and her husband obtained a judgment in circuit court for nearly $3,500. Many years later, Camilla Gerald, through her husband, purchased seven slaves from Justus Wyman. The Geralds contend that the slaves were "received in payment of the sum of Four thousand nine hundred dollars of the amount due" on the judgment. The Geralds then proceeded to hire out the slaves to Wyman, who kept them in his possession in 1852 and 1853. However Wyman was served with a judgment from another creditor and a judgment issued against him. Seven slaves were seized by the sheriff, Henry Peebles, in execution of the judgment. Pearly and Camilla Gerald point out that the slaves seized by Peebles are "the same negroes slaves conveyed by the said Justus Wyman to your Oratrix." Fearful that other creditors have obtained judgments against Wyman and seeking to confiscate his slaves, Camilla and her husband seek an injunction to prevent them from "any and all attempts to sell said negro slaves."
Result: Granted; appealed; reversed; remanded.
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Repository: Montgomery County Courthouse, Montgomery, Alabama
