Benjamin Vaden and Henry Perkins, "partners in the purchase and sale of Tobacco," seek the court's assistance in collecting $800 to $850 owed to them by James D. Bennett. They inform the court that the said Bennett bought tobacco from them several months ago. They further reveal that "Bennett has been engaged pretty largely in speculating in Tobacco the present and some past seasons and he admits has lost money largely." The petitioners declare that Bennett conveyed all his property, including three slaves, in a deed of trust to one Henry Hart and that "said deed provides for the payment of several debts specified therein." Vaden and Perkins charge that Bennett "has no property subject to execution" and that they must resort "to any remainder they may be after the debts specified in the deed are satisfied out of the proceeds of the sales of the property therein contained." Claiming that the value of the property specified in said deed exceeds "the debts therein provided for," they pray that "your Honor decree that their debts be paid;" that the property in said deed of trust be sold to satisfy the debts therein specified; and that the trustee be "directed to pay the surplus if any towards the satisfaction of your orators debts." A related document reveals that Bennett's ownership in the three slaves was derived from his having purchased Stephen Goad's share of the life estate of his mother, Martha Goad. In the original petition, Vaden and Perkins had erroneously stated that Bennett derived his ownership from his share in the life estate of his mother, Mrs. Bennett Stolt.
Result: Granted.
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Repository: Tennessee State Library and Archives, Nashville, Tennessee
