Margaret Zimmerman seeks to recover the hire and sale price of a slave from her former trustee, John Harman. In 1839, David Zimmerman executed a deed of trust conveying the sole and separate use of three slaves to his wife Margaret. In 1843, Ralph Smith recovered a judgment against David and sought to take possession of one of the trust slaves to satisfy the outstanding debt. In response, John Harman suggested that a certain tract of mortgaged land be sold to satisfy the debt. Harman agreed that the trust slave could be used to satisfy the debt if the revenue fell short. The proceeds of the sale did fall short, and Harman advanced $400 to satisfy the remainder of the debt. In exchange, Margaret allowed Harman the benefit from the hire of a trust slave until the advancement was paid. After six years, Margaret believes that the advancement has been paid. In the meantime, Harman has exerted his "right of property in himself" and sold the slave for $700 to a Mr. Thomson. “Being attached to the family of negroes," Margaret urged Harman not to sell the slave. She prays that Harman be ordered to account for the hire of the slave, interest accrued on the hire, and the amount advanced to satisfy the debt.
Result: Partially granted; referred.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
