Eliza Brooks and her daughters, Sarah and Eliza, seek their freedom. In 1844, Eliza’s husband, Robert Brooks, a free man, contracted with Charles H. Deakins to buy her freedom. Deakins "was anxious to emancipate her," but was "unable or unwilling to bear the whole expense of emancipation;" he agreed, however, to sell Eliza, worth "at least five hundred dollars," to Brooks for $175. In order to pay on time, Robert Brooks borrowed money from Shelby T. Shipley, and he executed "a note, bond, mortgage, bill or sale or other instrument to said Shipley." Brooks could not repay the loan, so Shipley and later holders of the note claimed Eliza and her children. Eliza argues that the goal of the sale was emancipation and that these men "or any other intelligent Citizens knew or ought to have known that in a civilized and Christian State like Tennessee, the laws will not tolerate a contract so monstrous as that of a husband selling his wife or a parent his child." She asserts that her labor over the past three years has repaid the holders of the note. Currently, Charles Greene claims Eliza and her daughters. Eliza asks the court to emancipate them. She also asks the court to enjoin Charles Greene from disposing of her, her children, or the note in any way until the matter is resolved.
Result: Partially granted; settled.
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Repository: Archives of Appalachia, East Tennessee State University, Johnson City, Tennessee
