Petition #20682222

Abstract

James Walea states that, in 1820, Elias Neal purchased a slave named Anthony from William Sills for $400. He paid $200 in cash and issued a promissory note for the balance. Soon thereafter, one Lark Abner came forward and claimed that Anthony, alias Tom, had been stolen from one John Lark of South Carolina. Abner went to Walea's house, asking him to accompany him and some other people to Neal's house so that a settlement could be reached. When Walea, Abner, and other companions arrived at Neal's residence, Neal was not home, but his son, Jonathan, let them him. Abner proposed that Neal keep the slave provided he would account for him at the next meeting of the Superior Court. Jonathan Neal told Abner to take the slave, conceding that he knew it belonged to John Lark. Some time later, Elias Neal commenced a suit of trespass against Walea, Abner, and the other men, but since only Walea lived in the county in which the suit was commenced, he was the only one tried. The jury decided in favor of Neal, Walea appealed, and the verdict was upheld. A levy is about to be made on Walea's property to satisfy the judgment of $740. The petitioner has discovered that William Sills's mother, conceding that her son suspected that Anthony had not been acquired legally, returned Neal's promissory note and promised to return the $200 cash payment provided Neal would not prosecute her son. Walea states that none of these facts had been presented to the jury when they ruled against him. If the jury verdict is executed, Neal will have received back the $400 he paid for the slave and $740 from Walea. The petitioner asks the court to enjoin Neal from collecting the $740 verdict.

Result: Granted.

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Citation information

Repository: Emanuel County Courthouse, Swainsboro, Georgia

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