LeRoy Allen requests an injunction preventing the sale of cotton and corn. Previous to the marriage between Joseph Allen Jr. and Sarah E. Bryan Allen, an agreement was made in which Sarah would retain possession of "land and negroes and other goods and chattels" that she owned prior to the marriage. The document further stipulated that two trustees would be appointed to hold the property "in trust for the said Sarah E. Allen." The petitioner assumed the responsibility of trustee after the death of the two previous trustees. During the course of their marriage, thirteen slaves were "purchased by the funds to which the said Sarah E Allen, became entitled." He relates said slaves "have been usually employed in planting crops for the benefit and support of the said Sarah E. Allen" and that in 1846 "by the labour of the said slaves a crop was planted ... and that the same hath been gathered and harvested." The petitioner now charges that Sheriff N. G. W. Walker "levied upon the said crop," which consisted of 600 bushels of corn and 5 bales of cotton. The petitioner contends "that the said cotton and corn was made by the trust negroes for the exclusive use and support of the said Sarah" and not liable as payment for the debts of Joseph. Therefore, LeRoy Allen seeks an injunction preventing the sale of these crops.
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
