Thomas Fair seeks an injunction on the seizure and sale of his land and slaves. On 2 May 1842, Fair bought a tract of land in West Feliciana Parish, sixty-two slaves living on the land, and various livestock and other property from James Fair and Mary Herrin. He paid $3,000 for the property and took over all mortgages that applied to the property. Despite Fair's purchase of the land and slaves, Henry Smith of Mississippi "hath caused a writ of seizure and sale" on the property in the suit of Henry Smith vs. James Fair & Cyrus Ratliff. Fair claims that the suit was not brought against him, as the legal owner of the property, and that the writ was not recorded in the West Feliciana Parish Court, so there was "no warning to your petitioner of the Existence of the said debt." Fair prays for a writ of injunction against Smith and the United States Marshals who seized the property. He also seeks one $1,000 in damages from Henry Smith for falsely bringing suit against him.
Result: Injunction granted; dismissed.
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Repository: West Feliciana Parish Courthouse, St. Francisville, Louisiana
