Mary Ann Nettles states that her husband and his brother and brother-in-law are plotting to deprive her of a tract of land that had been placed in trust for her benefit in lieu of alimony. She avers that her husband Samuel has “conceived or pretended to conceive some suspicions” of her “fidelity & virtue,” thereby hatching a plot to “repudiate her and cast her off without making any provision for her suport & maintenance.” As part of the plot, he conveyed his slaves to his brother James and brother-in-law, William J. Cooper. Mary Ann's suspicions arose due to the fact that the slaves were transferred during the growing season; that the slaves were only “held” by the two men for Samuel until such time as he decided to resume their control; and that no money passed hands. However, Mary Ann claims that James Nettles and William Cooper recovered two judgments against her husband, even though Samuel was the creditor and the two men were the debtors. Noting that the sheriff levied upon said slaves, Mary Ann charges that these fraudulent transactions were conceived for the sole purpose to facilitate Samuel’s plan to abandon her and their child without alimony. When Samuel realized that Mary Ann intended to sue him for alimony, he compromised and placed a worthless tract of land for her benefit under the trusteeship of Edward Burch; however, the sheriff has also levied this land. Mary Ann Nettles and Edward S. Burch therefore pray that the said judgments be set aside and that Sheriff Wingate be enjoined from levying upon and selling her land.
Result: Granted pro confesso.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina