Samuel Leake states that his father, William Leake, died possessed of sundry slaves and land and that his widow Caroline "undertook the management of said estate and the execution of said Will of her deceased husband." The petitioner reports that he obtained a judgment against the said Caroline in 1841 and three female slaves belonging to the estate were levied upon and later sold; the proceeds of the said sale of Mary Jane, Lucinda, and Jane were applied to the payment of the judgment. He further notes "that a levy was made" at a later date on seven more slaves, but "the execution was staid by an injunction." Leake believes that this injunction was dissolved and later "several if not all of the slaves" were sold and "the proceeds of the sale were applied to the credit of the said original judgment." Of the opinion that $5000 "remains still due and unpaid on said original judgment," Leake prays "that your Honor would make a decree authorizing the sale" of a 435-acre tract of land currently held by Leake's heirs. The petitioner represents that the said land "is the only resource for the recovery of the balance due your orator on his said original judgment."
Result: Granted.
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Repository: Library of Virginia, Richmond, Virginia