Race and Slavery Petitions Project

Petition 20185320 Details

State:Alabama
Location:Montgomery
Location Type:County
Salutation:To the Honorable Joseph W. Lesesne Chancellor of the Southern Chancery Division of the State of Alabama (LESESNE, Joseph W.)
Filing Date:1853-July-4
Ending Date:1855-July-24

General Petition Information

Abstract:In 1837, prior to their marriage, Camilla Buckley and Pearly S. Gerald signed a prenuptial agreement. It promised that Camilla's property would be exclusively hers "to use and enjoy and receive the rents, issues, hire and emolument of the said estate real and personal during the Coverture." Part of the emolument was a loan she had made to a business firm, a member of which was one Justus Wyman. When the company defaulted, Camilla and her husband obtained a judgment in circuit court for nearly $3,500. Many years later, Camilla Gerald, through her husband, purchased seven slaves from Justus Wyman. The Geralds contend that the slaves were "received in payment of the sum of Four thousand nine hundred dollars of the amount due" on the judgment. The Geralds then proceeded to hire out the slaves to Wyman, who kept them in his possession in 1852 and 1853. However Wyman was served with a judgment from another creditor and a judgment issued against him. Seven slaves were seized by the sheriff, Henry Peebles, in execution of the judgment. Pearly and Camilla Gerald point out that the slaves seized by Peebles are "the same negroes slaves conveyed by the said Justus Wyman to your Oratrix." Fearful that other creditors have obtained judgments against Wyman and seeking to confiscate his slaves, Camilla and her husband seek an injunction to prevent them from "any and all attempts to sell said negro slaves."
Result:granted; appealed; reversed; remanded
# of Petition Pages:5
Related Documents:Copy of Injunction, 4 July 1853; Exhibit A-Copy of Promissory Note, Whitman Hubbard and J. Wyman to Camilla Bunkley, 9 July 1836; Exhibit B-Copy of Marriage Settlement, Pearly S. Gerald and Camilla Bunkley, 17 November 1837; Exhibit C-Receipt, Camilla Gerald, 10 March 1852; Decree for Dismissal, July 1854. Also see copies of Bill of Complaint and various related documents in Alabama Supreme Court Cases, Records, vol. 190, pp. 1-10, 18-19, 92-94, Alabama Department of Archives and History, Montgomery Alabama.
Pages of Related Documents:20

People Associated with Petition 20185320

Slaves:8
Free Persons of Color:0
Defendants:6
Petitioners:2
Other People:1

Citation Information

Repository: Montgomery County Courthouse, Montgomery, Alabama

  • Records of the Circuit Court, Records of Chancery Court 1854-1855
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  • Page: 205-12
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Processing Information

Record Created:11/10/1995
Record Final Edited:7/19/1999
Record Last Updated on:6/1/2007 2:32:00 PM