Malcolm McDonald, executor of the estate of the late James C. Esselman and former guardian of his minor children, seeks to enjoin a judgment in favor of William McClure, the husband of Esselman's daughter, Harriet, and the children's current guardian. McDonald reminds the court that McClure won a decree against him in September 1860 for the value of certain notes he received on the children's behalf. McDonald now informs the court that he "claims a credit" on one of the notes for "the loss of service of Dave one of said hired negroes, for the balance of the year 1858 from April." A related petition reveals that Dave was sold under the court's authorization after he was convicted of arson in 1858. McClure refused to accept this note when McDonald "offered" it to him, "with all the other effects belonging to said estate in his hands." McDonald now insists that it is "manifestly wrong & unjust for him to be compelled to pay the whole of said decree against him, when in all probability he can not be able to collect the whole of said note." He asks the court to set aside the earlier decree "for a rehearing" and that he be "entitled to either deliver up said note & have a credit for the same, or else that he be allowed a credit" for the amount he considers uncollectible.
Result: Partially granted.
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Repository: Tennessee State Library and Archives, Nashville, Tennessee
