Sarah Conner seeks to foreclose on a mortgage on slaves to recover a debt from the late Joseph F. Livingston's estate. Conner represents that, in 1842, she received a bond from Livingston for the “penal sum” of $2,800. In order to secure the debt, Livingston executed a mortgage on nine slaves. Livingston died in March 1843 after several judgments had been recovered against him. To execute said judgments, Sheriff Elly Godbold seized and sold some slaves from the intestate's estate and paid off several of the debts. When Godbold’s term as sheriff expired, there was some money left over from the sale. The new sheriff, Archibald Carmichael, seized and sold more of Livingston's slaves and property to satisfy other debts. Conner contends that there are other assets in Livingston's estate in the form of uncollected debts and the sale of bales of cotton. She fears, however, that there will not be enough left in the estate to cover her debt because creditors with junior claims to hers are being paid and that the sheriff will sell the slaves that had been mortgaged to her. She therefore prays that Carmichael be prevented from selling the mortgaged slaves and that Elly Godbold and said Carmichael be compelled to account for the payments made to Livingston's creditors. She also asks that a number of Livingston’s creditors also be summoned to answer her charges.
Result: Granted pro confesso.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
