Source: Sumner County Loose Lawsuits, Case #2406
Transcribed by Jan Barnes and Linda Carpenter
To the Honorable B. L. Ridley Chancellor of the Bill of Complaint of John W. Garrett Trustee for Mary Elizer, wife of James B. Elizer & her heirs against John Cartwright and Alexander Matthews - Defendants; Humbly complaining your orator John W. Garrett a citizen of the County of Robertson & State of Tennessee would shew your honor that one James P. Garrett on the 2nd day of May 1844 - in consideration of the love & affection which he had for his sister Mary, who is the wife of one James B. Elizer & her then & future increase - made & executed to your orator a Bill of Sale or deed of gift of a certain negro slave named Sarah, then about 17 years of age - for the use & benefit of his said sister & her children - which deed or Bill is duly recorded & registered on the same day executed. He would further shew your honor that Mary Elizer has had the use & possession of said negro ever since. He would further shew your honor that he is informed and believes that James P. Garrett had a good & bona fide title to said slave & had a right to convey her - that he held her by virtue of a Bill of Sale from one Edmund Turner who had previously purchased her at the sale of the property by Execution of said James B. Elizer for a valuable consideration and bona fide and the said negro being a favorite family negro of the said Mary having been given to her by her father before her marriage with said James B. and the whole of her said husbands property having been sold & the family left destitute the said James P. Garrett out of his own means bought said girl Sarah from the said Turner & conveyed her to your orator for the use of his said sister & her children as foresaid to enable her to raise her family and to be free from the claims of the creditors of her said husband a certified copy of which conveyance is herewith filed marked A & made part of this bill (Deed of Gift - James P. Garrett to Mary Elizer) the conveyance to said James P. Garrett by the said Turner also herewith filed marked B. and made part of this bill (Bill of Sale - Edmund Turner to James P. Garrett) & which is also duly recorded & registered. Said Turner had purchased said negro several years previously at execution sale and had a good right & title to said negro. This purchase as ofr'd? by said James P. Garrett was made of said Turner with the purpose of giving the use & service of said negro to his said sister & her children so that she might have the benefit thereof free from liability again for the debts of her said husband and made this transfer according to on the same day he bought of said Turner having paid every dollar of the consideration out of his own means. Your orator would further shew that not withstanding the premises the said John Cartwright and Alexander Matthews are now endeavoring to make said negro liable for the debts of said James B. Elizer and have caused several executions to be levied upon said negro in the county of Sumner for the satisfaction of the same they being against said James B. Elizer & others for about $500 dollars which executions are now in the hands of John Starks a constable of Sumner County who has advertised to sell said negro on next Saturday & will do so no doubt without the timely interposition of your honor & thereby defeat the prevolent purpose of the said James P. Garrett and deprive his said sister of the only help she has in providing for herself & raising her eight children most of whom are young.
The premises considered may it please your honor to make said John Carwright
and Alexander Matthews citizens of Davidson County & John Starks a citizen
of Sumner County defendants to this Bill and that they be compelled to answer
the same as fully as if the same was again repeated & they particularly
interrogated & upon the hearing decree, the said negro to your orator
Trustee as aforesaid and perpetually enjoin said defendants from selling
or in any other manner interfering with said negro for the satisfaction of
any claims they may have against the said James B. Elizer and in the mean
time grant your orator your writ of injunction against said defendants and
the said John Starks Constable restraining them from selling said negro under
the levies aforesaid and until the further order of your honor & grant
your orator such other & further relief in the premises as his case requires
& to your honor may deem merit this is the first application for an Injuncton
in this case.
J. M. Baldridge Solctr.
State of Tennessee
Sumner County John W. Garrett the above named complainant appeared before me George A. Wiley an acting Justice of the Peace for said county & made oath that this foregoing bill as stated to be of his own knowledge is true & as stated to be of the knowledge of others be testiments be true.
Sworn to & subscribed before
me this 7th June 1848 John W. Garrett
George A. Wyllie JP
To the Clerk & Master of the Chancery Court at Gallatin upon complainants
giving bond with sufficient security in the penal sum of one Thousand dollars
with the usual conditions let the writ of Injunction issue asprayed?.
Nash'e 3 June 1848
M. Maney Judge