Maria Miller, daughter of the late Daniel Miller and administratrix of his estate, seeks an injunction to prevent the sheriff from selling a slave, whom her father purchased in 1814 from his stepson, John McElwrath. Maria claims that she inadvertently omitted Caesar, the slave in question, from her estate inventory and that he was shortly thereafter seized by the sheriff to satisfy executions against McElwrath. Maria maintains that she has had the "undisturbed & exclusive possession" of Caesar since her father's death and has applied the profits from his hire to the estate. In an amended petition, Miller names two other creditors of McElwrath's as defendants. An 1829 decree reveals that Hagar, another slave purchased by Miller at the same time, is also in jeopardy of being sold by the sheriff.
Result: Partially dismissed.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
