Race and Slavery Petitions Project

Petition 21483002 Details

State:Tennessee
Location:Smith
Location Type:County
Salutation:To the Honorable Nathan Green Chancellor &c &c (GREENE, Nathan)
Filing Date:1830-May-19
Ending Date:circa 1837

General Petition Information

Abstract:Samuel Overton asks that Dr. Luther Bigelow be summoned to answer his charges of usury and that a slave family be sold to satisfy a debt owed to said Bigelow. He admits that he was "much embarrassed in his circumstances, and greatly in want of money to pay his debts" in 1825 and that he "called on" said Bigelow, seeking a loan to cover his debts. He further reports that Bigelow, purportedly "a man of honesty and fair dealing," agreed to an indenture for $500, which was to be paid off in 3 months, at an interest rate of 25%, "provided also that your Orator would execute a deed of Trust for five negroes." He reveals that he did not pay the note on time and that Bigelow "called on your Orator to renew said note for three months longer, adding 25 per cent interest more on the original sum." Stating he was forced to renew the note a third time, Overton charges that "said Defendant had by fraud, covin and usury, converted his five hundred dollar debt into a claim on your Orator for the sum of nine hundred and fifty dollars." He claims that Bigelow said he would sell the mortgaged slaves in order to "purchase them at a less price," which forced him to convey said slaves. Overton prays that Bigelow account to the court and that "he receive what may be justly due him after said account."
Result:dismissed; appealed; affirmed
# of Petition Pages:6
Related Documents:Transcript [Incomplete], Samuel Overton vs. Luther Bigelow, Supreme Court Cases, Middle Tennessee, 19 May 1830--25 July 1832; Depositions, James Beckwith, John Launce [?], 16 December 1836; Deposition, Jesse Walters, 20 November 1836; Deposition, Lester Temple, ca. November 21 1836; Affidavit, John N. Esselman, 14 January 1837; Opinion, ca. 1837; Original Petition, 19 May 1830; Indenture, Samuel Overton to John M. Smith, 22 October 1825; Order, ca. 1830
Pages of Related Documents:35

People Associated with Petition 21483002

Slaves:8
Free Persons of Color:0
Defendants:1
Petitioners:1
Other People:0

Citation Information

Repository: Tennessee State Library and Archives, Nashville, Tennessee

  • Records of the Chancery Court, Folders; transcript of appeal found in Supreme Court Cases, Middle Tennessee
  • Record Group:
  • Document Number 2880
  • Box: 56
  • Folder:
  • Book:
  • Volume:
  • Page: frames 1440-1446; 1451; 1473-1476; 1504-1505
  • Microfilm: Reel #301

Processing Information

Record Created:7/14/1998
Record Final Edited:7/28/2002
Record Last Updated on:5/20/2008 4:52:00 PM