Daniel McMahan seeks to stay the issuance of an execution sought by the late Wright Coates's attorney. He cites that in 1804 Wright Coates, along with Jesse Coates, "a man of Colour," hauled two separate loads of cotton to Charleston and returned with loads of merchandise, for which his agent, Pendleton Page, issued one bond in his name for payment of said "carriage." Admitting that he was not aware of the said bond, McMahan recounts that he unfortunately rendered payment to Wright Coates and to his brother, James Coates, on the behalf of Jesse Coates, for the respective amounts owed them. He asserts that the said Wright Coates later "commenced an action at Law," which aimed to recover the entire sum of the bond; however, McMahan submits that Wright Coates died during the suit's pendency, "whereby the suit as to him became and now is abated." The petitioner states the late Coates's attorney "moved the court for leave to enter up his Judgment in the said case, and now threaten to issue his Execution." McMahan prays that "the said proceedings may be revived;" that Jesse Coates be summoned to testify; and that John O'Neal as administrator of the late Wright Coates "abstain from further proceedings in the aforesaid case against your orator."
Result: Granted pro confesso; partially granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
