Ten members of the Cooper family seek to prevent a sale of slaves, whom they claim by a deed of trust. Peyton Simmons married the mother of James and Jesse Cooper "and grand mother of the other complainants when they were quite young." Through "the Estate & the labor of" the petitioners, Simmons purchased a slave named Beck, "from whom has descended some fourteen negroes now living." In 1829, Simmons conveyed Beck and three of her children to Jesse, James, and Thomas, who was "the ancestor of the other complainants." Soon after this conveyance, Simmons sold Beck's son named Prince and purchased two other slaves, whom he also conveyed to the Cooper children. The petitioners inform the court that their mother died some years ago and that Simmons has married "another lady since which time he has totally changed his conduct towards the children of his first wife and is now setting up a pretended claim of an absolute right to the negroes." Further, he now threatens to sell them all out of state. The petitioners pray that Simmons be required to provide security ensuring that he not sell said slaves and that he agree to make the slaves "forthcoming at his death," as provided for in the original deed.
Result: Granted pro confesso.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
