John Stanyarne asks the court to cancel an assignment of twenty-seven slaves to Benjamin Smith, executed while "he was severely indisposed with Fever and incompetent to transact business of any kind." He informs the court that he purchased a tract of land from Selina Fenwicke in 1803 for "the sum of Six hundred and fifty pounds Sterling," for which he executed his bond. Although he made several payments on said debt, Stanyarne submits that Benjamin B. Smith obtained a judgment against him. When Smith insisted that he "instantly pay the above debt," the petitioner revealed that "he held a Judgment against the Estate of John Wilson under which certain negroes were to be sold and inquired of the said Benjamin B Smith whether he would take the said negroes on payment of the said Debt." Noting that Smith accepted said assignment, the petitioner avers that "he never received directly or indirectly any other considerations for the said assignment other than "to pay ostensibly the debt due to the said Miss Fenwicke." Stanyarne now realizes that the value of said assignment is greater than the amount of his debt. He therefore prays that "the said assignment may be cancelled and declared null and void and that the said Benjamin B Smith be compelled to give up the said Bond after payment of the Principal Interest and Costs due thereon."
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
