James Sparkman, with his brother and guardian William, asks permission to mortgage property. They remind the court that they won their suit against Henry Cuttino, executor of the estate of Peter Cuttino, who had been executor of the estate of Moses Miller. The court ordered Cuttino to turn over to the Sparkmans the rice plantation and "sundry negroes" and other property that Miller had bequeathed to them. Miller's estate still owes several creditors, however, and "in order fully to Exonerate the Estate" the Sparkmans have negotiated a loan from the Bank of South Carolina. They must mortgage the lands and slaves to the bank as security, but James is a minor and "is unable to unite with his brother in giving to the Bank a mortgage of his share." The petitioners request that the court authorize William to mortgage James's share along with his own.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
