Race and Slavery Petitions Project

Petition 20883302 Details

State:Louisiana
Location:East Baton Rouge
Location Type:Parish
Salutation:To the Honorable The District Court of the Parish of East Baton Rouge, State of Louisiana (, )
Filing Date:1833-March-15
Ending Date:1834-July-10

General Petition Information

Abstract:Francis Robert Avart prays to have a slave purchase rescinded and his money returned, and he asks for relief in the form of damages for expenses incurred since the sale. Avart contends that Jeremiah Withers sold him a slave named Nero for $600, expressly warranting him against “vices and maladies provided against by law.” Since the purchase, Avart has discovered that Nero is “addicted to theft and is in the habit of running away.” Avart argues that Withers “well knew the vice of said slave” since the prior owner, Francis Nephler, “disclosed to him the said vice of running away & expressly refused to warrant against it.” Since the purchase, Nero has run away several times and "is now in the Jail of St. Francisville.” In addition, during his last absence, Nero “committed a theft for which he was tried & sentenced to wear a chain one or two years.” Avart wishes to return Nero to Withers and recover the purchase price and $224.50 in damages for jail fees, steamboat charges, and loss of time. He prays that an attachment may be issued “commanding the seizure of any property, credit, or rights belonging to said Withers in whatever hands they may be found” and that Withers be decreed to take back the slave.
Result:granted
# of Petition Pages:3
Related Documents:Sheriff's Return, 18 March 1833; Account of Damages, n.d.; Answer, Francis Nephler, n.d.; Interrogatories, A. Haralson, et al.; Order, 15 March 1833; Verdict, ca. July 1834; Judgment, 10 July 1834
Pages of Related Documents:10

People Associated with Petition 20883302

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

Citation Information

Repository: East Baton Rouge Parish, Clerk of Court Archives, Baton Rouge, Louisiana

  • Records of the Third Judicial District Court
  • Record Group:
  • Document Number 1,964
  • Box:
  • Folder:
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Processing Information

Record Created:9/10/1996
Record Final Edited:1/24/2004
Record Last Updated on:5/2/2006 12:12:00 PM