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Shelton, Admx. of Abner C., etc. v. Royall, Francis L., etc.: Chancery Cause, Halifax County (Part 1 of 6)

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The separate answer of Francis L Royall to a bill exhibited against himself and others in the Circuit Superior court of law & chancery for the county of Halifax by Eliza M. Bennett admx and John R Bennett in right of the said Eliza M. admor of Abner C. Shelton dec'd. This respondent saving &c for answer says that he admits the execution of the deed of trust mentioned in the bill the death of Abner C Shelton, the qualification of the female plt as his adm'x & her intermarriage with the male plt. The note aforesaid was paid off by the said Shelton in his lifetime with the exception of $546.00, one hundred & thirty dollars of which was paid by this respondent towards the said note on the 27th day of March 1837 and the further sum of four hundred & sixteen dollars paid 22d May 1837, which said payments were made to Woodson Hughs Esqr. the attorney for the Newbern Bank out of money belonging to this Respondent. Which said payment will appear from papers marked 1 & 2 herewith exhibited as a part of this answer. The said two amounts being unpaid, this Respondent directed the trustee to sell a sufficiency of the property contained in the said deed of trust to satisfy the same. This Respondent affirmed that there were, as stated in the bill several settlements between himself and the said Abner C. Shelton in his life time on account of partnership & other transactions between them, but he denies expressly that there was any settlement on account of the note due to the Newbern Bank aforesaid, or that any part of the amount thereof paid by this Respondent was taken into any settlement between them or that he has been repaid any portion thereof. The exhibits aforesaid will show that the payment insisted on by this Respondent were made long after the death of the said Shelton. As to the partnership between this Respondent & the said Abner C. Shelton for trading in negroes the facts are these, sometime in the fall of 1833, the said Shelton being then engaged in that business received several negroes from this Respondent to sell as his agent in the South. The said Shelton sold the same for the sum of $4900.00 and on his way home thought proper to invest the proceeds in other negroes whom he sold and accounted to this Respondent for a portion of the profits. This was done on a settlement made between them in the month of May 1834 at which time he fell in debt to this Respondent in the sum of $2147.57. A portion of which was paid in three negroes, & the remainder acknowledged to be