Race and Slavery Petitions Project

Petition 20183502 Details

State:Alabama
Location:Mobile
Location Type:County
Salutation:To the Honorable P T Harris judge of the first Judicial Circuit of the State of Alabama exercising chancery Jurisdiction (HARRIS, P. T.)
Filing Date:1835-November-28
Ending Date:1840-May

General Petition Information

Abstract:Marcelle Demouy Daly, the widow of John Daly, was "possessed of considerable personal estate," which included some valuable slaves. Prior to her marriage to the widower Joaquin Autunes, who was also possessed of an estate of some value," Marcelle entered into a verbal marriage contract with Joaquin, which stipulated that each spouse would retain separate control over his or her own property. The petitioner, Marcelle's brother, states that Joaquin "always permitted her to have the separate and exclusive control of her said personal estate in particular the slaves," whom she hired for "her separate use and benefit." In 1834, both Joaquin and Marcelle Autunes suddenly died within hours of each other. Joseph Krebbs, administrator of Joaquin Autunes's estate, claimed ownership of Marcelle's slaves and filed suit in the county court to recover possession of the slaves or their value. Augustin Demouy, administrator of Marcelle's estate, seeks an injunction preventing Krebbs from further prosecuting the suit. In addition, he asks the court to recognize and enforce Marcelle's separate property rights. A related document reveals that, on her deathbed, Marcelle Autunes expressed the wish that two of her slaves, Fanchon and her daughter Catharine, be freed.
Result:granted
# of Petition Pages:6
Related Documents:Injunction, 26 November 1835; Summons, Louis Demony, et al., 30 July 1834; Copy of the Minutes of 1 August 1834 Probate Hearing, 22 November 1839; Decree, May Term 1840
Pages of Related Documents:8

People Associated with Petition 20183502

Slaves:5
Free Persons of Color:0
Defendants:1
Petitioners:1
Other People:1

Citation Information

Repository: University of South Alabama Archives, Mobile, Alabama

  • Records of the Chancery Court
  • Document Number 58

Processing Information

Record Created:10/19/1995
Record Final Edited:6/23/1999
Record Last Updated on:3/13/2007 4:09:00 PM