Petition #21685919


John J. Burroughs, "administrator of John B Whitehurst deced. and as such Trustee for the benefit of Elizabeth A Wilkins who is now Elizabeth A. McClannan," seeks an injunction to stop the sale of a crop of corn that was levied upon to satisfy the debts of Richard McClannan. Burroughs points out that "a marriage contract was entered into between the said Richard McClannan and the said Elizabeth A Wilkins" prior to their marriage, whereby "all the property belonging to the said Elizabeth A Wilkins consisting of lands, a negro, notes bonds and money" was "to be held in trust to and for the sole use and enjoyment of the said Elizabeth." Burroughs reveals that "one L Berkly of Norfolk city brought suit against the said Richard McClannan ... and obtained a judgement against him for $61.71 on which an execution issued." Noting "that nothing is owned by the said Richard McClannan as he is totally and notoriously insolvent," the petitioner asks that the defendants "and all others may be enjoined and restrained by the injunction of your honor from selling the said corn under any execution ... against the said Richard McClannan."

Result: Granted.

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Citation information

Repository: Library of Virginia, Richmond, Virginia