Prior to the marriage of Anna T. Coupland and Harrison C. Cocke in 1840, a marriage contract was executed, placing Anna's slaves in a trust that would be managed by William E. Hinton. The contract clearly stipulated that, although the slaves, their increase, hires, and profits were to be used for the joint "benefit of the said Harrison and Anna" and their children, they should "in no manner possible be responsible for the debts of the said Harrison of any description whatever." At first, Hinton, the trustee, assumed the management of the slaves and their hiring out; in 1842, however Harrison took over and assumed that responsibility until 1843, when "being in Bankrupt circumstances" he asked Hinton to take charge, because "he could no longer provide for them." Soon thereafter, Cocke took the oath of an insolvent debtor. Now, several of Cocke's creditors "have said out fifas against" his goods and chattels "and the same have been levied ... on the slaves, Robert little, Edward, Martha, and four children, a portion of the slaves conveyed by said Indenture ... and the same taken into the custody of Lemuel Hunnicutt Sheriff." The petitioners feel great "attachment" to the slaves and "cannot enter into the calculation of jury in an action at law for damages." They pray that creditors and the sheriff be made defendants to this bill. Further, they pray that the sheriff be enjoined from selling the slaves and instead be made to "deliver them up to your complainants."
Result: Injunction granted; made perpetual.
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Repository: Circuit Court Clerk's Office, Petersburg, Virginia
