Margaret Zimmerman and John P. Harman seek an injunction to prevent the sale of a slave belonging to Margaret’s trust estate. They represent that David Zimmerman, Margaret’s husband, conveyed three slaves to Conrad Kemmerling in trust for Margaret’s benefit during her lifetime and that of her children, “share and share alike,” after her death. Kemmerling took possession of the slaves in 1839 and kept them until the Zimmermans moved to Spartanburg, at which time he delivered them to his agent, who brought them to Spartanburg. When Kemmerling declined to continue as trustee, John P. Harman was appointed in his place. However, George Nichols, sheriff of Spartanburg District, has seized Lewis, one of the slaves, in execution of a judgment obtained by Ralph Smith against David Zimmerman, and Lewis is advertised for sale in September. The petitioners contend that the debt and judgment against Zimmerman were “not in existence” when the deed of trust was executed, and the seizure is therefore to the great “injury” and “oppression” of Margaret, the owner of the slave. They therefore seek an injunction to prevent Smith and Nichols from selling Lewis.
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
