William Brown, a minor, petitioning by his next friend and stepfather, Patrick Welch, seeks an injunction to prevent Thomas Hery from removing a slave out of the state of South Carolina. The slave in question is part of a trust estate set up in 1813 for William Brown by William Oswald, the treasurer of the Pon Pon Bethel Church. William's mother, Eliza, was appointed trustee of the estate, but when she married the indebted Patrick Welch, she allowed one of William's slaves to be mortgaged in order to secure the payment of Welch's debt to Hery. Shortly thereafter a third party won a judgment against Hery, and Brown's slave was levied on as Hery's own property. Hery sought the help of a magistrate, who issued a "serch Warrant," prompting two constables and "a riotous mob" to seize the slave, whom Eliza Welch had been able to recover through an action of detinue. The petitioners also point out that their fears of Hery "eloigning" with the slave are well-founded, "from the character of said Hery being a pardoned Convict."
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
