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

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