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Echols, Peregrine v. Leftwich, Exrs. of Thomas: Chancery Cause, Lynchburg City (Part 1 of 5)

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her increase if any by refunding the money advanced with interest. That at the time of the said agreement and for a long time previous and subsequent the said Flannigan had been living in the employment of the said Leftwich as an overseer, and for the services rendered by him in such his capacity was entitled to have received from the said Leftwich a reasonable allowance annually, that instead of paying him up front punctually at the end of each year as by contract he was bound to do, he for divers years retained to his own proper use the promised allowance and thereby as your orator verily believes discharged the whole of the debt of £40 with interest originally advanced to Ward, if the several sums so returned had been properly applied. Your orator further expressly charges that the said Flannigan did at all times consider the agreement hereinbefore set forth in the light of a mortgage, and in strict conformity to the Terms thereof believed himself entitled at any time during his life to take advantage of the equity of assumption thereby vested in him: But being at the time (when the said Thomas Leftwich took from his possession the negro Betty and her children) about eighty five years of age and much too far advanced in life, and decrepid to think of engaging personally in the prosecution of a tedious and litigious suit in equity, he had resolved (however inconsistent with his own rights and prejudicial to his pecuniary interest) to abandon to the said Leftwich all benefit and advantage which he may have derived from his iniquitous disposition of the said slave Betty and her children: But the said Flannigan having subsequently found in the person of the complainant one disposed to aid him in the decline of life hath for the consideration of five hundred dollars bargained, sold, assigned & set over to your orator all his the said Flannigans right title and interest in & to the equity of redemption of the said mortgaged slave Betty & her children, and all his right title and interest in & to the money property &c arising from the sale of the said slave Betty & her increase in as fair and ample a manner as the said Flannigan himself proposed it as will more fully appear by reference to the deed of assignment from the said Flannagan to your orator herewith exhibited and prayed to be made