Bartlett Smith of Mississippi seeks to recover a slave named Philip from Aaron McWaters. Smith claims that he received Philip as a gift from his uncle, John Cade, in 1828. Because he was a minor at the time, his father took possession of the slave and kept him until his death in 1832. After the father’s death, Philip passed to the possession of Bartlett’s mother, where he remained until 1835. In 1835, Philip was stolen and carried to Louisiana by William B. Reynolds [Rummells] and Abram [Abraham] Jones. Once in Louisiana, Philip was sold to Elizabeth McWaters, who kept him until her death. Then, Philip passed to one of her sons, Moses McWaters. In 1848, however, Moses made an exchange of property with his brother, Aaron, and Philip became the possession of Aaron McWaters. Bartlett Smith charges that the McWaters, mother and sons, were fully cognizant of where Philip came from and concealed his identity by changing his name to Jeff or Jess. The petitioner prays for an order declaring Philip his property and directing that he be delivered back to him. If the McWaters choose not to return the slave, however, they must pay him the equivalent of his value, or $1,400, plus the value of his hires assessed at $300 per annum.
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Repository: West Feliciana Parish Courthouse, St. Francisville, Louisiana
