Prior to his death, William Weems owed the petitioner, Martin Fenwick, $316.98, which Weems secured by a mortgage of several slaves. Fenwick admits that the bill of sale for the slaves "was not recorded within the time required by law," but insists that it was a legal transaction. Weems died insolvent and the executor of his estate, Thomas Allein, refuses to discharge the said debt and, in fact, plans to sell the slaves to satisfy other obligations of the estate. Fenwick requests that the court order that the mortgaged slaves be sold with a stipulation that the proceeds of the sale first be applied to Weems's debt to the petitioner. Fenwick also asks the court to grant an injunction preventing Allein from selling the slaves on his own.
Result: Partially granted.
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Repository: Maryland State Archives, Annapolis, Maryland
