Petition #20283501
- Phillips County, Arkansas. November 7, 1835. - November 16, 1839.
- Court: Circuit
- Salutation: In the Circuit Court within and for the county aforesaid in chancery sitting
To the Honorable Thos J. Lacy Judge
Abstract
In 1829, Edmund Clements borrowed four hundred dollars from Sylvanus Phillips, using as collateral five slaves with the understanding that they were a mortgage, to be returned if the debt was satisfied by a stipulated date. Before that date, and prior to his death, Phillips sold or mortgaged the slaves to Benjamin Porter, thereby transferring the debt. After Phillips died, Phillips's widow married John Burress [Burriss]. Clements disputes the legality of the transaction between Phillips and Porter and states that Porter has refused his offer to repay the loan and claims legal title to the slaves. Clements asks the court to subpoena Porter and Phillips's widow and daughter to answer questions with the aim of validating the truthfulness of his claim. He seeks to reclaim ownership of the slaves, and the children born to them.
Result: Court mediated settlement; appealed.
- Number of petition pages: 8
- Related documents: Copies of Summons Writ, Benjamin A. Porter, et al., 9 November 1835; Sheriff's Return Verification, 10 November 1835 and 14 November 1835; Exhibit A, Answer, Benjamin Porter, 20 November 1835; Amended Petition, 10 May 1836; Order, 31 December 1836; Exceptions, December 1836; Amended Answer, Benjamin Porter, 20 January 1837; Answer, Carolina Phillips, 20 January 1837; Answer, John Burriss and Rebecca Burriss, 28 January 1837; Order, 1 July 1837; Exceptions to Answers, ca. 1837; Amended Answer, Benjamin Porter, 2 September 1837; Replication to Answers, 2 September 1837; Interlocutory Decree, 4 January 1838; Depositions, Arnold Fisher, Peter Edwards, William Calvert, 8 December 1837; Deposition, Phillip Raymer [Ramer], 12 December 1837; Deposition, Miller Irvin and H. L. Biscoe, 16 December 1837; Second Interlocutory Decree, 19 December 1838; Auditor's Report, ca. 1839; Order Setting Aside Auditor's Report, 17 May 1839; Final Decree, 16 November 1839; Appeal, 16 November 1839; Appeal, 15 January 1840
- Pages of related documents: 81
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Citation information
Repository: University of Arkansas at Little Rock, School of Law, Little Rock, Arkansas
- Arkansas Supreme Court, Records and Briefs
Subjects
