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McCormack, Anderson v. McCormack, Admr. of William, etc.: Chancery Cause, Halifax County (Part 10 of 16)

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Wm McCormack vs Anderson McCormack and Anderson McCormack vs H. & Jos Showalter These cases have been long pending. The first suit was commenced in the County Court of Franklin in June 1824. After depending in that Court to the 5 March 1839 the same was transferred to the Circuit Court of Franklin. In 1842 leave was given Anderson McCormack to file his Cross Bill . In 1846 these cases were transferred to this Court. All the proceedings appear to me to be irregular & I even doubt whether the pleadings are such as authorise me to render the decree which I think the justice of the cases requires, But as the cases have been depending so long I think it better to dispose of them in a manner which will do justice to the parties without paying too much regard to the pleadings. The principal question in the case is whether the agreement between Wm McCormack & his children vested the title to the slave Matilda in the children with a lien thereon in favour of Wm McCormack to secure the payment of so much of the purchase money as then remained unpaid or whether the title to the said slave remained in the said Wm McCormack to enable him to pay off the said unpaid purchase money in case his children should fail to pay it with an agreement on his part to vest the title in his children in case they should pay off the said unpaid purchase money. After examining carefully the testimony I think it was the intention of the parties that Wm McCormack should retain the title and that the children were to have no title to the slave until the unpaid purchase money had been