Sup Ct. Wm Lewis Brooks vs James M. Payne exor of Thomas Brooks decd & Meshach Hicks admor of Fielding Brooks decd; James M. Garland in his own right & as exor of Mary M. Garland decd. Thomas Garland & Jane M. Garland his wife, Sarah Dabney, William Overton & Martha his wife, Richard Garland Edward Garland, Casius M. Callis & Martha A Callis his wife, Otto G. Kean an infant under twenty one years of age (by Narcissus W. Miller his guardian ad litem specially appointed to defend him in this suit & John Thompson jr } Statement & Proceedings 1849 Sept. 25. On motion Lewis Brooks who hath filed his Bill & made oath thereto accg to law & [Inj?] is acc'd him to stay until further ord. Cr. all proceedings under the decutal ord. in the two suits one under the style of James M Payne executor of Thos. Brooks dec'd agt Meshach Hicks adr Field Brooks dec'd & the others under the style of Lewy a pauper agt Jas. M Payne executor Tho. Brooks dec'd & Meshach Hicks adr Field. Brooks dec'd by this Ct. on 23. Sep. 1848. so far as the sd decutal ord. relates to the appt. Jno. Thompson jr a Comr. & directs him to sell Lewy the plt in Bill now filed upon the Condn ment'd in 1st ord. without [illegible] the sd Lewis Brooks being a man of colour & a pauper (Sub & Inj'on afsd 1. Octo 1849 to Decr Rules & three other Suba afsd to Decr Rules 1849 one to [illegible], one to [illegible] & one to [illegible]) 1849 Oct R. Order Pub is about Dfts Rich'd Garland, Edwd Garland & Casius M Callis & Martha A his wife to appear & ansr at Jany Rules Nov. R. On plts motion, Nar W. Miller app'd gdn at litem to inft Deft Otho G Kean to defend him in this suit Dec R. Cont. 1850 Jan. 7. New Sub & Inj' on M Hicks adr Fielding Brooks decd & New Sub Chg Mrs. Jane M Garland wife of Tho Garland to Albemarle, both to Feby Rules & Cont. Feb. R.
Mar R. Cont
Ap. R. New Sub chg Wm Overton & wife to June Rules ([illegible]) & Cont. Sep 27. Heard upon the bill taken for confessed as to all Dfts except Jane M. Garland wife of Tho Garland & the Inft Deft. Otho G. Kean & as to him by consent upon the ans: of his Gdn ad item this day filed & [refer?] the [Erhs] & Depo. filed. Whereof it is of opinion that by the Will of Mary M Garland decd copy of which filed among the papers her female slave Nancy & her children who were absolutely emancipated without regard to the election of the said Nancy & her children & that therefore the direction in the Will of Mary M Garland decd that her exor should purchase the plt Lewis Brooks the husband of sd Nancy if he should not recover his freedom & liberate him in absolute. And plt is entitled to have sd provision of sd Will executed by Dft. James M Garland exor of sd Mary M. Garland decd Ct. therefore decree that after 10 days notice of time & place of executing this order Dr. John Mims Narcissus W. Miller & B.B. Ayres who are appd Comrs for purpose any two of whom may act do enter sd plt