Anderson Kirby seeks an injunction to halt "all further proceedings" on a writ of fieri facias issued against his slave property. Kirby explains that in 1828 he agreed to become security for Jarratt Cook, an indebted neighbor, on a "forthcoming bond" for the delivery of certain property. Cook's injunction was dissolved six years later and, unbeknownst to Kirby, Cook was "released and discharged" from his liability on the debt in an agreement with the sheriff. The sheriff then confiscated two of Kirby's slaves named William and Charles to satisfy the debt. Kirby's slaves, who are "old family Servants" for whom "he could not be compensated in damages," are now advertised for sale. William Betts, Cook's creditor, has "removed from this State" and Kirby "can obtain no redress" without the court's interposition.
Result: Partially granted; dismissed.
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Repository: Halifax Circuit Court Building, Halifax, Virginia
