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To All:
Chancery Court Case
Locality: Henrico County - Index Number: 1822-013
P1/P2: Ann and Thomas Martin vs D1: Phillip Shute
Surnames: Clements, Cottrell, Laundrum, Martin, Nunn, Shute
Publisher: Library of Virginia, Richmond, Virginia
To any two Justices of the County Court of Henrico
Humbly complaining shew unto your worships, your Orator and Oratrixes, Thomas Martin and Ann his Wife, late Ann Clements, Peter Laundrum and Mary his Wife, late Mary Clements, Young J. Clements, Elkanah Clements, and Catharine Clements, which said Mary Laundrum, Young J. Clements, Elkanah Clements, and Catharine Clements, together with Elizabeth Cottrell, the Wife of Thomas Cottrel (the two last named of whom, are herein after made Defts to this Bill of Complaint) are the Sons and Daughters, and Distributees of William M. Clements, who died Intestate. That upon the death of the said William M. Clements, he left a widow named Mary Clements and also Sundry Slaves, and other Estate and which was Distributed agreeably to the Act of Assembly respecting Intestates Estates: and to the said Mary Clements the relict of the said Deceased was allotes amongst other things, one Negro Girl about Twelve or fifteen years old, of the Value of Three Hundred & Fifty Dollars, named Siller, in part of her Dower right, in the Estate of the deceased; and that the revestionary right in and to the said Slave upon the death of the said Relict will pass and descend to your Orators and Oratrixes, together with the aforesaid Thomas Cottrell and Elizabeth his Wife, and who are prayed to be made Defts to this Bill of Complaint; that after the allotment aforesaid, the said Relict Sold and transfered her right of Dower in the said Slave Siller to one James Nunn, and who is likewise prayed to be made a Deft to this Bill of Complaint. That after this purchase, the said James Nunn loaned the said Negro Girl Siller, to the other Defts Thomas Cottrell and Elizabeth his Wife as a Nurse, and for the especial accommodation of the said Elizabeth, and her children, but subject at anytime, to be recalled, at the Will and pleasure of him the said James Nunn.
Your Orator and Oratrix further complaining shew, unto you Worships, that the said Thomas Cottrell and Elizabeth his Wife being so possessed of the Slave aforesaid, by Courtecy of the other Deft. James Nunn, have either sold and delivered, or with other fraudulent views and intention, placed the said Slave Siller, into the hands and possession of one Phillip Shute, an inhabitant of West Tennessee, (where she now is, in the County of Henrico) and within the Jurisdiction of the County Court of Henrico. Your Orators and Oratrixes are informed, and nively believe, that the said Phillip Shute intends quickly to remove himself out of the State, and also to remove the said Slave Siller beyond the limits and Jurisdiction of the courts of the commonwealth of Virga. whereby the rights of your Orators and Oratrixes, in revestion, to the said Slave may be defeated, and great and manifest injustice insue. all of which actings and doings of the said Thomas Cottrell, and Phillip Shute are contrary to Equity and good conscience and for as much as your Orators and Oratrixes are without remedy at common Law, and are alone relieveable to the intervention of a court Equity, whose whose peculiar province it is, in case of this sort to award a writ of Ne epeat republica, restraining the Deft. Phillip Shute from departing this commonwealth & the Jurisdiction of this court, until further order shall be had herein. To the end therefore, that the said Thomas Cottrell and Elizabeth his Wife, Phillip Shute, and James Nunn may be made Defendts. hereto, and that they and each of them, may severally, true, perfect and Distinct Answer make, to each and every of the allegations herein contained, as fully, plainly, and distinctly, as if the same were herein again repeated, and set forth by Interrogation : but more especially Shall the said Phillip Shute may set forth and discover, from whom and by what means he became possessed of the said Slave Siller, and also to what place he intends to remove the said Slave? May it please your Worships, to grant unto your Orators And Oratrixes the commonwealths most gracious Writ of Ne epeat republica against the body of the said Shute and that they may have all such other, or further relief in the premises as the nature of this Case may require, and which may be agreeable to the principles, and Rules of a court of Equity, and they as in duty bound will ever pray Vc. Saml W. Craw for Complts.
Henrico County to wit: This day Peter Laundrum, one of the complts named in the preceding Bill of Complaint, personally appeared before me a Magistrate for the county aforesaid and made Oath, to the truth of the Allegations there in contained, according to Law. Given under my hand this 17th day of August 1821. William Price
Actual Images of Chancery Court Case:
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http://www.cottrellweb.com/documents/martin-shute10.jpg
Richard
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