Petition #21381007

Abstract

William Loughton Smith seeks an injunction to prevent Adam Tunno and Charles John Steedman, the sheriff of Charleston, from proceeding under a judgment to sell his land. Smith explains that David Campbell mortgaged thirty-two slaves to him in 1792 to cover an $80,000-debt. Campbell also mortgaged the same slaves in 1796 to another creditor, James Fisher. In 1806 the court set aside the mortgage to Fisher. Smith then appealed to Adam Tunno, another of Campbell's creditors, to join him in pursuing legal action to liquidate Campbell's debt. The pair agreed on "an average participation of the rescued property." Tunno, however, remained silent about a prior judgment due him from Campbell, compromising the total amount that Smith could recover. At a sale of Campbell's property, Smith purchased two tracts of land as assignee for the benefit of the creditors. Tunno then won an execution against the lands. Smith now fears he will lose his entire claim to Campbell's estate and asks the court to prevent the seizure and sale of his land.

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Citation information

Repository: South Carolina Department of Archives and History, Columbia, South Carolina

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