Petition #21485159

Abstract

Mary Barksdale and William Scruggs debate George Scott's claim to a family of slaves. The petitioners are the great-grandchildren of the late James Scruggs of Virginia. By his 1798 will, Scruggs bequeathed a slave named Jamima to Finch Scruggs, the petitioners' father. The will further stated that upon, Finch's death, the slave should pass to the petitioners. In 1811, Finch sold Jamima and her daughter Caroline to Mary Matthias of Tennessee. Upon the death of Matthias, Jamima and her nine children passed to Rachael Matthias Stull and her husband; at their deaths, their daughter and her husband, the defendant George Scott, acquired Jamima and her daughter Hagar. The petitioners contend that Scott refuses to recognize their rights to the slaves elucidated in the will of James Scruggs. They assert that the sale of Jamima from Finch Scruggs to Mary Matthias did not negate their interests in the slave and her increase. The petitioners therefore pray that Scott be enjoined from removing the slaves from the jurisdiction of the court, provide an inventory of the slaves, and, at the death of their aged father, surrender the slaves to their possession. In his answer, Scott asserts that the sale from Scruggs to Matthias did, in fact, nullify the petitioners' claims to the slaves because it was an absolute sale without conditions and, if Finch Scruggs claims otherwise, then he is committing fraud.

Result: Granted.

37 people are documented within petition 21485159

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Citation information

Repository: Tennessee State Library and Archives, Nashville, Tennessee

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