Tolbert Fanning asks the court to "perpetually" enjoin a suit at law brought against him by the administrator of the estate of the late O. B. Smith. Fanning explains that he and Smith arranged to trade several slaves in April 1851. Smith had shown particular interest in acquiring Fanning's slave named James, even though there was a suit for "the freedom of the boy James" then pending in the circuit court. Fanning insisted that if Smith wanted the slave he "must take him at the risk of the title," as he was willing to take Smith's slaves at the risk of "their health or soundness." Smith executed bills of sale for the exchange, but "did not draw them up according to the contract." Fanning objected, but Smith assured him that "the parties understood the contract," and they would "be governed by the contract as it was & not as it appeared to be on the face of the bill of sale." In December of the same year, to Fanning's surprise, Smith filed suit against him "for a breach of warranty of title to said boy James;" after Smith's death, his son and administrator, Charles P. Smith, revived the suit. Believing now that Smith "intended "to perpetrate a gross fraud" against him from the transaction's beginning, he asks the court to prevent Charles Smith from prosecuting the suit.
Result: Partially granted.
Or you may view all people.
Repository: Metropolitan Nashville-Davidson County Archives
