William J. Isabell vs. Elisha Peters, etc.: Chancery Cause, Amherst County (Part 1 of 3)
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your Orator William J as the agent of the said Christopher proposed to the said Halsey to take back the said slave and to cancel said Contract; but this the said Halsey refused to do, and assigned the said bond to a certin Elisha Peters (his father in law, from whom he presented to have gotten said slave, who has bought suit thereon in his name as the asignee of the said Seth Halswy on the law side of this Court, and (the defence herein enclosed being peculiarly of an equitable character) has recovered a judgement therein against your Orators William J and Robert for the full amount after the said bond with interest and Costs of suit and has issued an execution [page torn]eron which has been levied by the Sheriff of this County on [page torn] property of our Orator Robert which will be sold unless [page torn] by the interposition of a Court of equity. The said [page torn] as assignee as aforesaid has also instituted suit on [page torn] said bond on the law side of the Court against [page torn] Orator Maurice H Garland as administrator with the will annexed of the said Christopher Isbell deceased which is still pending. Your Orators believes and charge that the said Halsey at the time he sold said slave and represented him to be sound and free from [illegible] well knew that the said slave was unsound and deceased and fraudulently concealed the same from your Orator William J. But should your orators be unable to establish such knowledge on the part of the said Halsey they believe and charge that the said Elisha Peters was at the time of the purchase aforesaid the real owner of the said slave and that he the said Peters at the time of the said purchase and for sometime before was fully apprized that the said slave was diseased and unsound and placed the said slave in the Hand of the said Halsey (his son:in:law) to be sold by him for his, the said Peters benefit hoping and intending thereby to avoid the responsibility which the knowledge on his part of said slaves unsoundness and the concealment thereof by him, might otherwise subject him to This charge receives confirmations from the speedy assignment of said bond by the said Halsey to the said Peters ^without recourse^. [right side of page] and from a variety of other Circumstances. Your Orators are advised that should it turn out that the said Halsey in making the sale aforesaid, acted really tho not [ortensibly] as the agent of the said Peters, a knowledge and concealment on the part of the said Peters of the said slaves unsoundness will [illegible] the sale aforesaid, even should it appear that the said Halsey was ignorant of such unsoundness. Being remediless at Law and relievable only in Chancery your orators pray that the said Elisa Peters and Seth Halsey may be by the proper process be made defendants hereto and compelled on oath to answer the premises fully that they be injoined from all further proceeding on the judgement at Law aforesaid ^against your Orators William J and Robert^ and from all further proceedings in the suit at Law now depending as aforesaid against your Orator Maurice H Garland as administrator with the will annexed ^of the said Christopher Isbell deceased^ as aforesaid further than to recover a judgement therein as the will be confessed if required by your Honor as a condition precedent to such injunction and finally so ^that your Honor will^ grant to your Orators all such other aid and relief as may be consistent with the principles of equity and the nature of the case may require. J. Dabney pq Corporation of Lynchburg to wit, The said William J Isbell one of the Complainants in the foregoing bill this day made Oath before me a justice of the peace for the Corporation aforesaid that the statements made in said bill are true. Given under my Hand this 17th day of January 1835 P Labby J.P.