Pleasant Kittrell seeks the enforcement of a court order that directed Stith Evans to remove his slave named Carney to a non-slaveholding state and emancipate him. In a related 1855 petition, Kittrell informed the court that, in 1848, he sold Stith to Evans a thirty-five year-old slave, a blacksmith, named Carney for $1,250 on the condition that once the slave earned enough to pay back his purchase price, plus ten percent interest, he would "have and enjoy his freedom." Over the next several years Carney paid his owner more than three thousand dollars. In 1854, Evans mortgaged the slave to Samuel Cowen, who knew about the original sale's contract, for $2,500. A resident of Texas, Kittrell continued to press Evans "to execute and perform all the duties and obligations and undertakings in his said Contract." In 1857, he obtained a court order requiring Evans to take Carney "to some non-slaveholding state or country." Now, he asks for an order appointing a commissioner to "take charge of said slave and carry out and execute the said decree; and also to restrain the said Evans from interferring with the said slave."
Result: Granted; appealed; reversed; dismissed.
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Repository: Alabama Department of Archives and History, Montgomery, Alabama