Francis Henry Brinkman seeks to collect a debt. He reports that in 1847 "the late Juliana Medard, wife of Nicholas Zimmer seperated in property from her husband, but duly authorized and assisted by her said husband, became the purchaser" of a thirty-five-year-old slave named Moses, "a stevedore and good subject," for the price of $940. Juliana Medard Zimmer issued five promissory notes for the value "secured by a special mortgage on the slave purchased," which Brinkman endorsed "as her security." Brinkman informs the court that "at the maturity of said notes the said maker thereof failed to pay the same and your petitioner was obliged to pay them as endorser." Mrs. Zimmer reimbursed the petitioner for $450 of the note, but the balance remains unpaid. Mrs. Zimmer has recently died, leaving her widower, Nicholas Zimmer, and four minor children as heirs. Brinkman believes that, "by the payment of said notes," he has "become subrogated to the mortgage and vendor's privilege on said slave Moses." He prays that Nicholas Zimmer be ordered to pay the balance of the debt plus 5% interest and that Moses be "seized and sold" to satisfy his demands [Petition is missing page/s].
Result: Granted; appealed.
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Repository: New Orleans Public Library, New Orleans, Louisiana
