Martha Cunningham, through her next friend, Jane H. Cunningham, seeks to establish her title to a slave named Malinda, whom her son-in-law purchased at her behest. Cunningham explains that she inherited from her father, John Bayley, a slave named Lemuel, whom she later sold for $1200. She gave $400 of the proceeds to her son-in-law, Giles Bowers, to purchase Malinda. Bowers, however, "took the bill of sale in his own name, and has never conveyed the said negro girl to your Oratrix." The petitioner now complains that Malinda has been seized by the constable of Bedford County, and is advertised to be sold in satisfaction of a judgment against Bowers obtained by the firm of Eakin & Moffat. She avers that Malinda has been in her possession since the purchase. She asks the court to issue an injunction to stop the sale and to "divest the title to said negro girl out of said Giles R. and vest it in your Oratrix."
Result: Granted; appealed; affirmed.
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Repository: Tennessee State Library and Archives, Nashville, Tennessee
