Petition #20184803

Abstract

In 1807, James Tate of Pendleton District, South Carolina, conveyed in a deed of gift to Margaret Speak, his daughter, a life estate in a slave named Rose, along with her "present and future increase." After Margaret's death, the slaves were to descend to her heirs. Margaret Speak died in 1838; her husband, Richard, had died the previous year. Sarah Speak, one of the couple's children still living in the family home took possession of the slaves, now consisting of Rose's children, grandchildren and great-grandchildren. Shortly after her parents' death, Sarah Speak married Benjamin Nixon. After Sarah's death in 1845, Benjamin Nixon kept possession of the slaves. Now, George T. Speak, Sarah's brother, writes that he has obtained a relinquishment deed signed by the other heirs giving him the right to four-fifths of "the value and interest of the slaves." He complains that Benjamin Nixon, who is insolvent or on the verge of becoming so, has "run off said Negro property to parts unknown," except Rose who is "old and of not much value," and Jinney who has escaped and is in his possession. George Speak seeks to prevent Nixon from regaining possession of Jinney, and asks a decree giving him "all the right title claim and interest of the negroes." A related testimony reveals that, during her lifetime, Margaret Speak had conveyed Jinney's title to Sarah Nixon, and that Benjamin Nixon was trying to regain possession of Jinney on that ground.

Result: Dismissed.

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Citation information

Repository: Tallapoosa County Courthouse, Dadeville, Alabama

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