Granville P. Smith seeks to recover the value of a female slave named Louisa, whom he sold to Thomas H. Johnson "about three years since." He informs the court that he traded Louisa with Johnson's agent, John C. Penticost, for a slave named Ann of comparable value. After the "purchase," he "became aware that the negro woman would not suit his object in buying her and he therefore determined to sell her." To avoid the trouble and expense of separate conveyances, he wanted Penticost to transfer the bill of sale to the subsequent purchaser. Ann, however, "could not be favorably disposed of in the Nashville market," so he sent her to New Orleans where John Carroll purchased her for $450. Shortly after the sale, Carroll was sued for Ann's recovery, on the ground that Johnson's title, which he received from Jeremiah and Margaret E. Austell, was "fraudulent." Carroll was thereby "evicted and deprived of her," and Smith was compelled to refund Carroll's purchase price. Smith now charges that Johnson intended to defraud him, as he was "well aware" he had "no valid title" at the time of their transaction. Having received "no compensation" for Louisa, Smith seeks the court's interposition.
Result: Partially granted.
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Repository: Metropolitan Nashville-Davidson County Archives
