Sampson McClellan "appeals to your Honorable Court to aid him in collecting" a debt from the heirs of the late Abraham Caruthers. The petitioner recounts that said Caruthers executed a note to him for $1426.97 on 14 February 1860. McClellan reports that said Caruthers died in Georgia in 1862, leaving a will and ten surviving children. He further asserts that "there is no personal property known to Complt belonging either to the estate of said Ab Caruthers deceased or to deft Robert L. Caruthers Sr liable at the present time to executions or to the payment of the claims against them." He charges, however, that the decedent owned several tracts of land in Tennessee and that Robert L. Caruthers Sr. owns land as well. He therefore prays that the defendants answer his allegations in detail; that they show what property remains in the estate of Abraham Caruthers; that writs of attachment issue upon said real estate; and that "a decree be pronounced ... to recover his claims with interest and cost against the estates of said deceased and Robert L. Sr." The defendants' answer alleges "that the personal property of the Abraham Caruthers, at the time of his death consisted, principally, of negroe slaves, and horses and mules" and that "the negroes have all been made free by an amendment to the constitution in February last."
Result: Partially granted.
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Repository: Tennessee State Library and Archives, Nashville, Tennessee
