Eliza A. Duke recounts that her father James gave her a slave girl named Betsy to have as "her own personal property" in 1836. Duke lived with several of her married siblings before moving back to her father's household, all the while maintaining possession of Betsy. In April 1842, James Duke "had all his property, both real & personal sold" in order to satisfy his debts. The petitioner then moved back into the household of one of her siblings, "carrying along" Betsy with her. One of the claims of debt made against Duke's father was issued by the late Charles Bonnycastle, who made the claim for the benefit of George Carr. Bonnycastle's widow, Ann, is now the administrator of her husband's estate and she "has caused another execution to issue upon" the judgment against James Duke "& has caused the same to be levied upon the said girl Betsy." The petitioner, "having formed for the girl a strong affection, a feeling she believes, to a great extent, felt by the girl for her, no pecuniary satisfaction could ever remunerate your oratrix for the threatened ... illegal seizure of her property." Eliza Duke therefore prays that the widow Bonnycastle and George Carr be made parties to her suit and that the court issue "a restraining order forbidding" the sale of Betsy. She further prays that Betsy be taken into the protective custody of the sheriff and be hired out by him until this suit is resolved.
Result: Granted; injunction perpetuated.
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Repository: Library of Virginia, Richmond, Virginia
