Petition #21384954

Abstract

Robert Moorman seeks to enjoin members of the Clarke family in their suit against him. George Clarke died in 1838, and his son-in-law, W. F. Hollyman, purchased three slaves at his estate sale in 1839. Claiming that such slaves were to be put aside for his wife's use, Hollyman persuaded the petitioner to stand as his security. Moorman knew of Hollyman's "insolvency" but was convinced to sign the note when Hollyman agreed to make his wife's brother, S. L. H. Clarke, trustee. "Satisfied that he was in no danger of loss," Moorman "gave up the Note." However, some six years later, Clarke and his brother, George, as administrators to the estate, recovered a judgment against the petitioner for the note. Moorman confronted the brothers, but George "replied that he knew it was unjust ... but that his necessities were so great that he must make the money out of" Moorman "if he could." The three slaves are still in the possession of Hollyman's wife, giving her "a much greater amount than her distributive share of the said Estate." Suggesting that this property "is justly liable to refund to the said SLH Clarke as Trustee," Moorman therefore prays that the Clarkes be enjoined in their suit against him and that the slaves be sold to "refund your Orator the amount he may have to pay on said judgment."

Result: Granted pro confesso.

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Citation information

Repository: South Carolina Department of Archives and History, Columbia, South Carolina

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