In 1839, John Duncan executed a deed of assignment conveying certain property in trust to John W. Withers for the payment of certain debts. The assignment included three slaves--Lettuce, William, and Dick-- who were in Withers's possession when he died, but were quickly "run off out of the State of Alabama." One of the creditors of the trust, Jack Thorington, discovered Lettuce and William in the possession of Withers's widow in New Orleans and brought them back to Montgomery County. Daniel N. Smith, administrator of Withers's estate, is suing Thorington to retrieve Lettuce. And, in this petition, Thorington asks for an injunction to restrain Smith from prosecuting his suit, and requests that the slaves be sold and the proceeds go to "your orator, and such other creditors in the same first class in said assignment."
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Repository: Montgomery County Courthouse, Montgomery, Alabama
