Difference between revisions of ".MjkyMjc.MTA2MTgw"
m (Protected ".MjkyMjc.MTA2MTgw" ([Edit=Allow only administrators] (indefinite)))
Latest revision as of 12:31, 5 June 2020
to a certain John H. Smith (a Negro trader, buying up negroes to be carried to the South) one of said three negroes, given as aforesaid by his grandfather, to your orator, to wit: The girl Grace, at the price of $600, and the said John H. Smith having got the said girl into his hands, is about to proceed and carry her off in a few days, to some of the Southern States, there to be sold. If this shall be done, it is the opinion and belief of your orator's friends & protectors, that in all probability, the said girl and her value will be permanently lost to him, and the intended bounty of his grandfather be wholly defeated. The said girl is of peculiar value, much prized for her good qualities, and if carried off as aforesaid, will be separated from her mother and kindred, beside being placed in circumstances, where it would be hereafter next to impossible for your orator successfully to assert his right to her. Under the circumstances above set forth, your orator is advised that his right to all three of the said negroes is good and perfect and in nowise affected or impaired by the effort of his father to convey them, in and by his deed of trust aforesaid. And that it not competent either for the Bank or its Trustee or the said Patrick Jackson so to dispose of the said girl as to defeat his said right. And it is further competent & proper for a court of Equity to interfere, by way of injunction and not only to prevent the sale of the other two, but to inhibit and restrain the said John H. Smith from removing the said girl Grace beyond the limits of the Commonwealth until the matter stated herein can be heard & decided. And this, the more especially, as to the said John H. Smith, as your orator is informed & charges that he bought her with full knowledge that she was really your orator's property. And this fact was also well known to the said Patrick Jackson. Being without adequate remedy at Law and relievable only in Equity, which takes cognizance of all such matters &c To the end that your orator may have right and justice done in the premises and that his property may be protected to him, and his rights albeit an infant unable to defend them in person, be taken care of, he prays (through his aforenamed next friend) that the said John H Smith, the said Patrick Jackson, the said A. Vaughan, the President, Director Humphrey of the Farmer's Bank of Virginia, and the said James M. Jackson may be made parties Defendant to this bill of compliant; and each of them, on oath, compelled to answer the same, and all and singular the allegations thereof, as fully as if the same were here repeated, and each of them, thereto specially interrogated. That the said John H. Smith his agents, attorneys and all others concerned be inhibited & injoined from removing or permitting to be removed in any way from this Commonwealth, the negro girl Grace aforenamed until the further order of the court. And unless he shall on the service of the process to be awarded in this case, execute and deliver to the officer who may execute the same, his bond with good security in a sufficient penalty with condition, not to remove or permit the said girl to be removed out of this Commonwealth that then the said officer take possession of said girl and hold her in his hands, subject to the future order of the court and that the said President Director Humphany of the Farmers' Bank of Va, and the said A. Vaughan, and their agents, attorneys and all concerned may be restrained and injoined from selling the other two of said Negroes, to wit: Mary and Anthony, until the matter & things herein stated can be heard in Equity. That at the proper time, the injunction may be perpetuated with costs, and in a word, that taking full cognizance of the case in all its aspects, your Honor will award to your orator all such other & further aid & relief in the premises as may be just & proper, and as comports with the rules of Equity & good conscience, award the Commonwealth's writ of Spa &c. And as in duty bound, your orator will ever pray &c. Campbell County To wit: Pleasant Partin this day came before me, a justice of the peace for said county & made oath that the matters and things in the foregoing bill contained are true. Given under my Hand the 13 day of October 1846. Wm A Clement J.P. An injunction is awarded, as prayed for, to restrain and injoin the Deft: John H Smith his agents, and all concerned, from removing or in any manner permitting or causing the girl mentioned in the bill named Grace to be removed out of this Commonwealth until the future order of the Court. And on the service of the Spa of injunction on him, unless the said John H. Smith shall execute and deliver to the sheriff, his bond with good security in the penalty of $1000 conditioned not to remove or under any circumstances permit or cause the girl Grace to be removed out of this Commonwealth as aforesaid, then the Sheriff is directed forthwith wherever found to take the said girl into his custody and hold her, subject to the order of the court. And in this event he may hire her out, taking bond with good security for the hire & for her return to answer any future decree or order in the cause. An injunction is also awarded to restrain the Farmers' Bank, their trustee, agents &c from selling or otherwise disposing of the two other negroes named in the bill Mary & Anthony until further order &c. But the effect of this order shall be suspended, until the next friend of the Pltf: or some one for him, shall enter into bond with good security in the penalty of $300, payable to the Defts and conditioned to pay all such costs as may be awarded, and such damages as may be sustained in consequence of awarding this injoin in case the same shall be dissolved. To the Clk of the Circuit Supr. Court of Prince Edward County. Danl. A. Wilson 13th Oct 1846