Pages
page_0001
No 1 Sept 15, 1849
State of North Carolina} [Illegible] Equity Franklin County} Fall Term 1849
To the Honorable the Judge of the Court of Equity for the County of Franklin aforesaid: The Bill of Complaint of Henry W Perry of the said county Plaintiff Against James S Yarborough of the same County Defendant ~ Humbly complaining shewet unto your Honor, your orator, the Said Henry W. Perry, that Samuel Perry, by deed bearing date the 14th day of August 1846 for and in consideration of his natural love and affection for his daughter Mary B. Perry, wife of Guston Perry, conveyed a certain negro slave, named Isaac, together with other negro slaves in the said deed mentioned (them being the property of the said Samuel) to the said Mary B Perry, to have and to hold the same with their increase to her the said Mary B. Perry, to and for her sale and seperate use and benefit during the term of her natural life, free from the debts, contract, oblegations and liabilities of her present husband, the said Guston Perry, and any other husband she may at any time hereafter Marry, and after her death to the hiers of the body of the said Mary B. Perry to have and to hold in fee-simple forever. As by the said deed, which, on a duly certified copy
page_0002
thereof, your orator is ready to produce and exhibit whenever thereto required by the course of this Honerable Court, will more fully appear. Further complaining your orator shewith that the said Mary B. Perry, by your orator her next friend, and Guston Perry Junior, Joseph Perry and Eliza Perry (being the children of the Guston Perry and infants under the age of twenty one years) also by your orator their next friend exhibited their Bill of Complaint in this Honorable Court, at the Spring Term 1847, against the said Guston Perry as defendent thereto thereby stating the said deed and such other serveral matters and things as are therein particularly mentioned and set forth and praying that a Trustee might be nominated to whom the said negro slaves might be conveyed for the said Mary B. Perry and the said infants Guston Perry Junior Joseph Perry & Eliza Perry, according to the law, and so as to carry unto effect the real intention of the said Samuel Perry. And your or tor further sheweth that the said Guston Perry appeared and put in his answer to the said Bill? and ths aid course being set down for hearing upon the Bill and Answer, the same came on to be heard before the Honorable Court at the said spring Term 1847, and it was declarde that the legal property in the said negro slaves was in the said Guston Perry as a Trustee, and it was ordered and adjudged and
page_0003
decreed, that he should convey the said negro slaves and their increase to your orator as a trustee to hold upon the turst following to wit: that the said Mary B Perry should use and enjoy to her sale and seperate, the laborer hire and profits of the siad negro slaves during her coverture and afterward, during her life and at her death the said negro slaves and thier increase should be conveyed to the said Mary B. Perrys children, or issue who may be living at ther death, and should any child of hers be then dead leaving issue or children they should take the share of their deceased parent and it was further ordered that the clerk and master should prepare a deed according to the said decree and present it for execution to the said Guston Perry, who should execute the same without delay &c. As in and by the said Bill answer and proceedings now remaing as of record in this Honorable court reference being thereto ? will move fully and at large appear. And your orator further sheweth that ? he accepted the said trust and that the said master prepared a deed according to the siad decree, and that the same was executed by the said Guston Perry on the first day of October 1847. And your orator further sheweth that after the making of the said decree, and before the execution of the deed last aforesaid having recovered a judgment in the court of Pleas & Quarter Sessions for The
page_0004
county against the said Guston Perry and others for the sum of or thereabouts and cast, sued out an execution upon the said judgment directed to the coroner of the said county and that the said negro slave Isaac was by the said coroner levied upon and sold under the said execution as the property of the said Guston Perry and conveyed and delivered to James S. Yorbrough the defendant hereto who became the purchaser of the said negro slave at the said sale, and has ever since had the use and possession of the same. And your orator further sheweth that he attended the said sale and forbid the same, and gave public notice to the persons there assembled of the decree and trust aforesaid relative to, and as affecting the said negro slave; and your orator charges that the said defendant had express and distinct notice thereof. And your orator is advised that the said negro slave having been sold and conveyed to the said defendant as aforesaid before the execution of the said deed by the said Gaston Perry to your orator as directed by the said decree, the legal title in and to the said negro slave thereby passed to the said defendant but your orator is further advised that under the circumstances aforesaid, the said defendant will in this Honorable Court be held to be affected with the said trust relative to the said negro slave and will be decreed
page_0005
to account with your orator for the value of hires or profits of the said negro slave during the time the said defendant has had possession of the same as aforesaid and to pay over the said value, hires or profit and to convey the said negro slave to your Orator for and upon the said trust as aforesaid specified in the said decree. And your orator further sheweth that he has repeatedly applied to the said defendant and requested him to account with your Orator and pay over to him the value hires or profits of the said negro slave during the time the said defendant has had the use and possession of the same as aforesaid and also to convey the said negro slave to your orator as aforesaid and your orator had hoped that the said defendant would comply with such request request as in justice and Equity he ought; but now so it is, may it please your Honor that the said defendant utterly refuses so to do – All which actings dargs and refusal are contrary to equity and good conscience and tend to the manifests wrong and injury of your Orator. In consideration whereof and for as much as your Orator can have adequate relief in the foremiss in a court of Equity only where matters of this sort one poperly cognizable and relievable - To the end therefore that the said defendant may upon oath, full, true direct and perfect answer make to all and