William C. Cobb seeks to stay the sale of two slaves owned by Frances T. Elliott Martin's trust estate, of which he is the trustee. Cobb reports that the President and Directors of the Bank of Virginia "recovered a judgment" against John W. Martin and others in June 1839, three months before "the said John W. Martin and Frances T. Elliott were married." He asserts that shortly before her marriage Frances, "with the privity and consent of intended husband," conveyed two slaves and a small tract of land "to your orator as trustee" as a means "to secure the said slaves and real estate to her sole and exclusive use free & exempt from the control of her said intended husband & his creditors." The petitioner now reports that the bank has caused an execution to be issued on the aforesaid judgment and "to be levied on the slave Charles one of the slaves conveyed by the deed" aforesaid. Noting that Charles "never was in the possession of the said John W. Martin" and that he "is a family slave and is prized by the said Frances T. Martin beyond what he would sell for or be appraised to in cash," Cobb prays that all further proceedings under the said judgment and execution be enjoined.
Result: Granted.
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Repository: Library of Virginia, Richmond, Virginia
