Elbert Lindsey and Betheniah Cole Lindsey seek the cancellation of a fraudulent deed. Betheniah formerly resided with her son-in-law, Henry M. Hunter, the husband of her late daughter. Shortly thereafter, Betheniah “was addressed by” the “Orator with a view to marriage.” Betheniah accepted the proposal, and the two agreed to marry without any stipulations. Before the intended marriage date, however, Hunter insisted that Betheniah execute a deed on her twelve slaves and other property. The deed was executed without Elbert's knowledge. Elbert learned of said deed only a “day or two” before the marriage, and he “declined complying with his said promise of marriage.” Several days later, the petitioners and Hunter met and agreed to destroy the previous deed and draw up another one. Hunter proposed to deliver the new deed and to ensure the destruction of the old one. The couple married in December of 1851. After the marriage, Elbert discovered that Hunter, in a “most wrongful and fraudulent” action, had drawn up the old deed. The petitioners request that Hunter and Henry Burton account for their actions and produce both the old and new deeds. The Lindseys also ask the court to cancel the old deed.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
