The minor sisters Margarett and Mary Dillard sue by their next friend to collect money owed them by their guardian. In 1838, Charles Dillard "entered into bond and security for the discharge of his trust as" the sisters' guardian; John Craig stood as security. To perfect the bond, Dillard conveyed a total of nine slaves to Craig. During his guardianship, Dillard has “received at different times” $3308 from the girls’ estate. Recently, a number of creditors "have obtained Judgments against" Dillard, who is now insolvent. Sheriff Robert Macbeth has levied on the mortgaged slaves and intends to sell them "on the next sale day" to satisfy the creditors. The petitioners argue that their debt against Dillard takes preeminence over the other creditors. In order to protect their interests, the petitioners pray that the sheriff be enjoined from selling the slaves for the benefit of the other creditors and that, instead, they be sold and the proceeds "applied in the first place to satisfy the amount which" is owed to the sisters. They further pray that Dillard's letters of guardianship be revoked and "that some fit & proper person may be appointed the guardian."
Result: Partially granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
