In May 1857 and October 1858, William C. Kain mortgaged property, including four slaves to Samuel Morrow, to secure various debts. Morrow had the authority to sell the property if the mortgages expired and the debts were not repaid. James W. Campbell avows that the mortgages expired 3 April 1858 and 8 February 1859, that only part of the claims has been paid, "and yet no sale has been made or attempted." On 30 October 1858, the Knox County Circuit Court decreed that Kain owed $1125.76 to Campbell. The court confiscated and sold Kain's real estate, because it was Kain's "only unencumbered property." The sale only raised $340.00 for Campbell. The petitioner therefore prays that "said trust property be sold by decree of this Court" and that the surplus be applied to his claim and that "in the mean time Complt: prays that sd Kain & Morrow be enjoined from in any manner disposing of said property, and for an attachment as to the surplus of the property over the mortgage debts."
Result: Granted pro confesso.
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Repository: Tennessee State Library and Archives, Nashville, Tennessee
