Daniel McLoud of Coosa County represents to the court that, in 1846, he borrowed "a considerable sum of money" from Colonel Howel Rose to purchase land, and then borrowed eight hundred dollars from Irby Wynn in order to meet his payments. As collateral for the loan, McLoud received title to the land and three slaves--Bill and Hannah, both about twenty-five years of age, and Hannah's child, unnamed, age six months. McLoud contends that the three slaves were worth about twenty-five hundred dollars. About a year later, when the debt remained unpaid, Wynn went to McCloud's farm and took the slaves. McCloud claims that Wynn kept the slaves in Alabama for about a year, then moved them to Georgia or some other state, but finally, after ten years, returned with the slaves, whose number has increased to five, to Pike County, Alabama. The use of the slaves since 1847, McLoud asserts, has more than satisfied the original debt. He demands that Wynn "be made to account to your orator for the time of said negroes-- paying to your orator all moneys due for him over & above what is sufficient to satisfy & pay off the amt. borrowed." In his answer, Wynn asserts that the 1846 transaction was not a mortgage on the slaves but a sale. He further states that Hannah's child was born after the execution of the transaction (a fact recognized by McLoud in an amended bill). He also informs the court that he has resold the slaves a number of years prior to the filing of this suit and denies that the value of their labor is as stated by McLoud.
Result: Dismissed.
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Repository: Pike County Courthouse, Troy, Alabama
