1843 Law Suit

Thanks to Billy D. Boyd <BDBOYD@prodigy.net>, a descendant of Lucy White, we have the following record of a portion of her life. Lucy White, also known as Lucy Hare, Lucy Odom, and Linsey or Lindsey White, became involved in a law suit back in 1843. A very abbreviated version of a transcript of that suit follows. Although abbreviated, it is still too long to include in its more appropriate place, with Lucy's file.

CHANCERY COURT IN LINDEN, ALABAMA

David Tindall & wife
Thomas Dickson White
William Jasper White
minors by next friend
John Dickson, Complainants
vs
John B. Anderson
Henry C. White
Presley Odom &
Lucy Odom
Sarah Cranford &
Lucy Hare, defendants

To the Honorable Anderson Crenshaw chancellor of the Southern Chancery Division of the State of Alabama exercising jurisdiction in the county of Marengo

David Tindall & wife, Sarah, Thomas Dickson White a minor about thirteen years of age, William Jasper White a minor about ten years of age who sue by their next friend John Dickson all of the County of Clarke in Alabama, respectfully represent unto your Honor, that the said Sarah Tindall before her marriage with her present husband had been the wife and was the widow of Robert White deceased her maiden name was Sarah Dickson. That the said Thomas Dickson White and the said William Jasper White are the lawful children of the said Robert White deceased and Sarah. David and Sarah Tindall further state that on the 15 day of October 1828 the said Robert White and Sarah were lawfully married in the County of Clarke in the State of Alabama, that on the day of the said marriage, and previous thereto, and in consideration of the said marriage Robert White and Sarah made and entered into a marriage agreement, which is in writing, a copy of which is hereto attached and marked exhibit "A" and prayed to be taken as part of this complaint_which said agreement was signed sealed and delivered by Robert White on the day of its date, for and in consideration of the marriage then about to be solemnized, and was intended by him to settle and set apart the said negro woman Phillis therein mentioned and her future increase to the own proper use and separate property of the said Sarah and the "lawful begotten heirs of her body to be begotten by the marriage with Robert White", after the execution of which said marriage agreement by the said Robert White to wit on the 15 day of October 1828 the said Robert & Sarah were married as aforesaid. David and Sarah further state that the said Robert White and Sarah continued in lawful wedlock until the year 1837 when the said Robert White departed this life in the county of Marengo in the state of Alabama, and that during the coverture the said Sarah had issue lawfully begotten by Robert White deceased to wit the said Thomas Dickson White and the said William Jasper White, who are the lawful heirs of the said Robert White decd, after the body of the said Sarah from the said marriage. David and Sarah Tindall further state that after the death of Robert White, one Henry C. White, whom we pray may be made party respondent to this bill, procured letters of administration upon his estate and took possession thereof, among other property the said negro woman Phillis, mentioned in exhibit "A" and two of her children, negro boy Abram then about three or four years of age, and negro child Jerry then about two years of age which said negroes together with child Martha born after the death of said decedent, he the said Henry C. White administrator, in the year 1840 sold at public auction before the court house of Clarke County, and became the purchaser at his own sale, and afterwards some time in 1842 the said Henry C. White sold the said negroes to John B. Anderson of the county of Marengo, who now has the said negroes Phillis' three children in his possession, and whom we pray be made a party defendant to this bill. And we further show that after the execution of the said writing, marked exhibit A, during the coverture of the said Robert White and Sarah the negro woman Phillis had two other children, to wit, negro boy Gilford now about thirteen years of age, and negro girl Nancy about twelve years of age; and that during the coverture of Robert & Sarah and without the consent of the said Sarah and in violation of the said contract marked exhibit A and without any valuable consideration whatever the said Robert White gave and delivered the said Gilford to Lucy Hare of the county of Clarke, and negro girl Nancy to Sarah Cranford of the county of Marengo, both of whom we pray be made parties respondents to this bill. We further show that at the time of the marriage the said Sarah was only about eighteen years of age, and the said Robert White was about sixty five or seventy years of age, that the great disparity of age between the said Robert & Sarah constituted a serious obstacle to the consummation of the nuptials and was by the said Sarah and her father under whose protection she was, to remove this difficulty the said Robert White agreed to make a conveyance of the said negro woman Phillis and to the heirs of her body, to be held by her as her own separate property for herself and the heirs of her body to be by the said Robert begotten, upon which the said Sarah & her father agreed that in the event the said Robert would secure negro woman Phillis to the said Sarah & the heirs of her body the said Sarah & father would consent to the marriage to which the said Robert White readily assented, and then made signed, sealed & delivered the said instrument of writing hereto attached & marked exhibit A, which was meant and intended by the said Robert White, by the said Sarah, and her father to secure a life estate in the said Phillis and her future increase to the said Sarah with a remainder over to the heirs of her body to be begotten by the said Robert from the said marriage of the body of the said Sarah. We further state that if was well understood by the said Robert & the said Sarah, and repeatedly urged by the father of Sarah, that unless the property in Phillis was well secured by the said Robert to the said Sarah, he never would permit the marriage to be consummated, and upon that expressed positive understanding the said contract in writing was made and delivered. We further represent that the said negro woman Phillis and all of her children born of her during & since the coverture of the said Robert & Sarah have been taken from her and the heirs of her body in the said Robert White deceased and held and claimed by the said Anderson, Lucy Hare and Sarah Cranford, who refuse & still refuse to deliver them up to the said Sarah or the heirs of her body by the said Robert. We further show , that the said Henry C. White administrator as aforesaid, Lucy Hare & Sarah Cranford and the said John B. Anderson all well knew of the existence of the said instrument of writing marked exhibit A and of the intention of the parties when the same was made, and of the property therein mentioned as the same was recorded in the office of the clerk of the county court of Clarke County, and was familiar to the said defendants three of whom the said Henry C. and the said Lucy Hair & Sarah Cranford are the son and daughter of the said Robert White by a previous marriage, and we further show that the said John B. Anderson well knew of the said instrument of writing marked exhibit A its contents, the negro and her future increase, and the intentions and consideration thereof at the time and long before he made the purchase as aforesaid. We further show that they all well knew that the said Sarah had lawful issue of her body begotten by the said Robert White deceased and that the said Thomas Dickson White and the said William Jasper White are the lawful heirs of the said Robert & Sarah. We further show that the said negro Phillis & her children were sold without the consent of the said Sarah, and that she has received no benefit from the same, nor have the heirs of the said Robert White deceased begotten by the said Sarah. We further show that although the conveyance of the said negro woman Phillis and her future increase to the said Sarah during her life, with a remainder to the heirs of her body was the intention of the parties, and constituted the inducement to the marriage. Yet we show that the said exhibit A is so inarticulately and unskillfully drawn as to require the interposition of your honor as to its construction and to enforce a specific performance of the parties, as to which, we expressly charge, that it was the intention of the parties as well as the said Robert White deceased, the Sarah & her father (who is now dead) that the said negro woman Phillis & her future increase should be conveyed to the said Sarah in such manner that she would have a separate life estate in her the said Phillis & her future increase & with a remainder over to the heirs of her body by the said Robert White deceased and that this was an inducement & consideration of the said marriage, and that the said exhibit was deemed & taken by the parties as sufficient to secure the said negroes in such manner. We further show that the said John B. Anderson has disclosed that he intended forthwith to remove the negroes purchased by him as aforesaid beyond the jurisdiction of this court to the Republic of Texas, and we here expressly charge that they have reasons to believe, and do verily believe that he the said John B. Anderson will immediately remove the said negroes to the Republic of Texas unless enjoined and restrained by the order of your Honorable Court and that these complainants will therefore wholly give the said negroes with the life estate & the remainder over to the minor children. We further show that the said Lucy Hare & the said Sarah Cranford have no property sufficient to satisfy a decree against them for the said slaves, and will as we do charge and verily believe remove the said negroes unless restrained by your Honorable Court, beyond the jurisdiction of the court, in order to avoid the judgement and decree of this court, and we further charge that without an order restraining and prohibiting the removal of the said slaves we would be wholly remediless. In tender consideration of the premises and inasmuch as we are wholly remediless in the premises by the strict rules of the common law, and can only find relief in a court of Equity where matters of this sort are conjugal & relatable_ To the end therefore, we pray of your honor to grant unto them a writ of subpoena to be issued out of Chancery to be directed to the said John B. Anderson, Lucy Hare & Sarah Cranford & Henry C. White commanding them under a penalty therein named, to appear at the Court House of Marengo County at Linden on the second Monday of March next and full and true and perfect answers make oath to all the statements allegations and averments of the said bill of complaint in a full and ample manner as if the same were herein repeated & they are each of them specially interrogated thereto. We further pray of your Honor to order and direct that the said John B. Anderson, Lucy Hare and Sarah Cranford be restrained and prohibited from taking the said negroes beyond the jurisdiction of this court, and that the Sheriff of the County of Marengo be ordered & commanded to seize and take into his custody the said negroes, and to keep the same until the defendants each of them give such bonds as your honor may direct for the forthcoming of the said negroes to abide the result of this suit. We further pray of your honor to set up and establish the said exhibit A as a marriage settlement according to the true intent and meaning of the parties, and make a decree that the same be specifically performed according to the intention of the parties at the time of the execution of the said exhibit A, and further to order and decree that the said John B. Anderson, Lucy Hare and Sara Cranford be required to surrender up the said negroes respectively to the said Sarah Tindall & the said David Tindall her husband during her life, with a remainder over to the said Thomas Dickson White & the said William Jasper White the heirs of her body and that the said defendants be made to account for the hire of the same. We further pray that the sale of the said Henry C. White be set aside & held for nothing_ and that the titles of the said slaves and the future increases of the female thereof be decreed absolutely in the said Sarah & the said David her husband during her life with remainder over to her heirs by the said Robert White as aforesaid. We further pray of your Honor to grant unto them such other and further relief in the premises as to your Honor may seem just and proper and the facts of their case may require & in duty bound will ever pray be.
Hamilton & Pickett
Sworn and subcribed before me this 2n day of December 1843.
C. L. Kirksey J. P.

Exhibit A

Know all men by these present that I Robert White for and in consideration of the natural love and affection which I bear for Sarah Dickson my intended wife, I do by these present give grant deliver and confirm one negro woman named Phillis to her the said Sarah Dickson and the lawful begotten heirs of her body to be begotten by the marriage with me the said Robert White. It is further more understood and agreed that in case there shall be no issue from the marriage of the said Robert White and Sarah Dickson then and in that case the said negro woman shall at the death of the said Sarah Dickson return to the said White or his heirs.

Signed, sealed and delivered this 15 October 1828. Robert White
Witness-Robert Dickson and J Mott.
Recorded 29th December 1837
Terrell Powers clerk State of Alabama Clarke County

Answers of Margarette Pope

1. I have known all the parties named in the interrogatories. I have known William Jasper White and Thomas Dickson White from their infancy. I have known David Tindall before and ever since he was married to the widow of Robert White Deceased. I have known John B. Anderson five or six years and Sarah Cranford I have known seven years and Lucy Hare about the same length of time. I have also known Henry C. White for nine years or more. I knew Robert White deceased and Sarah Tindall formerly Sarah Dickson after and before they were married. The said Robert White told me after him and the said Sarah was married that he told the said Sarah he would give her a negro woman called Phillis if she would marry him and he had done it.
2. At the time White was married to Sally Dickson he was more than sixty years old. Sally was about fifteen or sixteen years old she was not fully grown.
3. Henry C. White is my nephew by marriage there is a close family connection between my family and the family of Henry C. White. It was generally talked of in the settlement about the time of the marriage that Robert White had given Sally Dickson a deed to Phillis to get her to marry him. About the last talk I ever had with Robert White deceased he was telling me what he was going to do for Thomas and Jasper his two sons by his marriage with Sarah Dickson he said he intended to give about eight hundred dollars between the two besides what he had given to their mother. Before the death of Robert White it was generally talked of in the settlement that Henry C. White was very mad because his father had given a deed for Phillis to Sally Dickson. I was at the weddding of White and Sally Dickson and the man who married them was named Mott. Before the marriage a few minutes Robert Dickson Sarahs father came into the house with a paper in his hand and holding it up to me said I have got it and I understood him to mean at the time that the paper was a deed from Robert White to Sally Dickson for the negro Phillis.
4. John Dickson is my son in law and Sarah Tindall is my neice and the children William Jasper White and Thomas Dickson White are the offspring of my Neice. David Tindall is no relation more than by marriage to my neice.

Answers of Anna White

1. I know the parties complainants and defendants and I knew Robert White deceased and Sarah Dickson at the time they were married. Before they Robert White and Sarah Dickson were married he told me to tell Sarah Dickson that if she would have him he would give her a negro woman called Phillis. I told her mother what said Robert had said after the first chat he the said Robert asked me to go after the said Sarah and I talked to her mother again in an hour or so after this the said Sarah came to my house and there in my presence he the said Robert told her the said Sarah that if she would marry him he would give her the said Sarah a negro woman called Phillis. I then left the house and when I returned he told me he wanted me to know the bargain he the said Robert asked me why I went out I said to give Sarah a chanace to talk as she appeared to be ashamed in a month or two they got married and I was a waiter at the wedding for Sally at the time he was married White was over sixty years old Sarah Dickson was between sixteen and twenty years old not more.
2. They were married at her fathers house. I cannot recollect the time as I was going to the wedding I saw Robert White Robert Dickson the father of Sarah and another man I did not know at the time setting on a log in the woods near the house with some paper.
3. Sarah Tyndall is my cousin and John Dickson is my cousin also and all the defendants except Anderson are my relations. Henry C. White is a brother in law and Sarah Cranford and Lucy Hare are my cousins by marriage.
4. I spoke to said Sarah's mother at the request of Robert White and he authorized me to make the offer but I told her mother but he made the offer directly and in my presence. Said Sarah is my cousin William Jasper White and Thomas Dickson White are my cousins also and John Dickson is my Cousin David Tindall is no relation only by marriage.

Answers of John White

1. I knew Robert White deceased and Sarah Dickson before they married each other and I have known their children William Jasper White and Thomas Dickson White nearly ever since they were born and I knew David Tindall before he was married to Sarah White the widow of Robert White deceased and ever since and I have known all the defendants for near twenty five years. On the day that Robert White and Sarah Dickson was married I went with him from my house to Robert Dickson Sarah Dicksons father to the wedding when on the way near my stables Robert White deceased said to me John I have promised to make over the negro woman Phillis to Sally Dickson before we are married and I expect they will want you to be a witness. I told him I did not want to be one on the account that his children would be mad with me about it and that I expected there would be a law suit about it some day and I did not want to be troubled and he then replied they will get someone else. Before the marriage two or three hours I saw Robert White Robert Dickson and Esqu Mott go off to a log in the woods and sit down and they called back for a pen. A short time after the marriage I was riding thro the field with Robert White and I asked him if he had put the mare in too in the deed as well as the negro he said no I should suppose that Robert White was over sixty years old when he married Sarah Dickson she was about sixteen or seventeen years old. I know of nothing else all the defendants except Anderson are my cousins.

Cross exam of John White

I did not hear Robert White say directly that he gave it in writing but I have understood from the Dicksons that it was in writing. Robert White deceased was my uncle and Sarah Tindall was my aunt by marriage and William Jasper White and Thomas Dickson White are my cousins by marriage.

Answer of J. B. Anderson and H. C. White

1. They admit that the said Sarah before her marriage with her present husband, David Tindall had been the wife and was the widow of Robert White deceased and that her maiden name was Sarah Dickson_That the said Thomas Dickson White and William Jasper White are the lawful children of the said Robert White and Sarah Dickson and that the said Robt and Sarah were lawfully married in the county of Clarke on the 15t day of October in the year of 1828.
2. And the said defendants further severally answering for themselves say that they are entirely ignorant of any agreement or marriage contract of any kind entered into by the said Robert White and Sarah Dickson in consideration of their marriage or for any other consideration or at any other time before or after their marriage whereby the said Robert White transferred any right to the said slave Phillis and her issue to the said Sarah as is stated in the said complainants bill of complaint. That they are also entirely ignorant of any intention in writing or otherwise of the said Robert White to settle, and set apart the said negro woman Phillis and her future increase to the separate use and benefit of the said Sarah and the heirs of her body to be begotten by the marriage with the said Robert or to said Sarah for life with remainder over to the heirs of her body by the said Robert, or to transfer any other estate in said negro by any sort of conveyance whatever. That they do not know the ages of the said Robert and Sarah at the time of the marriage and are totally ignorant of any serious objection to their marriage on account of the disparity in age, or any objection, by the father of the said Sarah to the consummation of the nuptials, arising from this or any other cause. That they are ignorant of any understanding between the said Robert & Sarah and her father, that unless the property in Phillis was well secured by the said Robert to Sarah, that the father would never agree or permit the marriage to be consummated. That they are ignorant of the conditions upon which the supposed contract marked exhibit A in the said Bill of complaint was entered into. That they are ignorant of any agreement or promise of any kind to the father of the said Sarah or to the said Sarah & her
father, by the said Robert to convey the said negro Phillis by any form of conveyance to the said Sarah upon the condition that the said Sarah and her Father would consent to the marriage or for any other cause or condition. And upon all these matters they pray that the said complainants may be held to strict proof.
3. That they saw for the first time the instrument marked exhibit A in the said complainants bill of complaint in the year 1838 which was then in the possession of the said complaints' attorney but that they are ignorant of the manner that it came to their possession. Whether the same was ever signed, sealed and delivered by the said Robert White, and if the same was ever legally executed, what was the intention of the parties whose names purport to be signed thereto.
4. That they admit that the said Robert White and the said Sarah continued in lawful wedlock
until the year 1837 when the said Robert departed this life and that during the coverture the said Sarah had issue born of her body and lawfully begotten by the said Robert White, to wit, the said Thomas Dickson White and the said William Jasper White who are both infants and under the age of twenty one.
5. That after the death of the said Robert the said Henry C. White obtained letters of administration upon his estate and took possession thereof among other property the said negro woman Phillis and two of her children to wit Abram then about three or four years of age and Jerry about two years of age that the said negroes together with the child Martha born of the said Phillis since the death of the said Robert was sold by the said Henry C. White, one of these defendants as administrator of Robert White, at the courthouse in Clarke County and that the said White became the purchaser at his own sale all of which is admitted.
6. They also admit that afterwards to wit, in the year 1842 the defendant Henry C. White for a valuable consideration sold and delivered the said negro woman Phillis and her three children,
Abram, Jerry & Martha to the defendant John B. Anderson who still has them in his possession and holds them as his own property.
7. And the said defendants further answering deny any knowledge on their part, at the time they became the purchaser of said negroes, of any claim whatever of the said complainants to the said negroes, on the contrary they understood and so believed that if they ever had any right, the same had been compromised and released to the said administrator for a valuable consideration.
8. The said defendants admit that the said exhibit A mentioned in said bill of complaint of the said complainants was copied in the office of the clerk of the County Court of Clarke County but they deny that the said supposed instrument has ever been legally proven or acknowledged.
9. The said defendants further say that it is not true as is stated by the said complainants that the said negroes were sold by the said Henry C. White as administrator without the consent of the said Sarah and that she nor her husband have received any benefit from the sale thereof, and that the fact is to the contrary.
10. And the said defendants further answering by way of plea, say that the said negroes nor either of them were ever delivered nor were they or any of them ever for one moment in the possession of the said complainants, or any of them or any one else for them, but that they were always in the separate possession of the said Robert White from their birth, who has ever held them, adverse to all other claims and as his own property to the day of his death and afterwards to the said Henry C. White his administrator.
11. And the said defendants further say that the said Sarah, instead of acting the part of a good and faithful wife voluntarily, and without cause, abandoned the bed and board of the said Robert, when his infirmities needed her affectionate care and kindness. That by the consent of the said Robert carried with her all the separate property of her and her children. That for more than five years previous to the death of the said Robert, the said Robert and Sarah lived separate and apart from each other and so lived at the time of his death. That during the whole of this time and the time of the coverture, the said Sarah, nor her Father, nor any one else for him or for her children, ever made any claim or ever pretended to have any right title or interest whatever in the said Phillis and her issue.
12. That if the complainants ever had any right whatever to the said negroes the same is now barred by the statute of limitations.
13. And the said defendants further say that a short time previous to the sale of the said negroes, by the said Henry C. White as administrator be understood that the said David Tindall and his wife intended to assert some pretended claim thereto_and for the purpose of buying his peace, and that the said negroes might sell for the full value, he the said administrator gave to the said Tindall and wife the sum of four hundred and fifty dollars which they accepted in full for all right and interest which they had or might have in the estate of the said Robert White and thereupon executed an instrument to that effect. A copy of which is hereunto annexed marked exhibit B and which these respondents pray may be taken as part of their defense and the said defendants say that the said slaves were part of the said estate; and although the instrument is
very inarticilately written and does not so directly express, yet that it was so intended by the said parties thereto, and it was so expressly and positively understood by the said Henry C. White and
the said Tindall and wife that the said sum of 450 dollars was in full for all the right and interest of the said Sarah and her husband in these very identical negroes, all of which these
defendants are ready to prove.
14. And, the said John B. Anderson answering for himself saith that previous to his purchase of the said slaves he made enquiry of the said Sarah and her husband and was informed by them that they had transferred all their interest in the same to the said Henry C. White, which he is also ready to prove whereupon he became the purchaser for the sum of twelve hundred dollars.
15. And the said defendants further answering say that the said Robert White in order to provide for the said Thomas Dickson White equally with his other children gave to the said Thomas a certain negro girl Jane now grown, and which is still in the possession of the said Thomas and after the death of the said Robert the said Henry C. White purchased another girl of equal value and gave the same to the said William Jasper White, so that the said complainants have all received equal portions with the other heirs of the said Robert out of his estate, and that the said Robert never intended either before or after his marriage with the said Sarah, that either she or the heirs of her body by him to be begotten should receive more and for these reasons the said defendants say that its against equity and good conscience for the honorable court to grant the
prayer of the said complainants.
16. And the said defendants further answering by way of demurrer say 1st that there is no equity in said bill. 2nd that is a misjoinder of complaints. 3rd That the said bill is multifarious
18. And the said defendants each answering for himself deny all intentions of removing said slave out of the jurisdiction of this court and they deny all fraud with which they are in said bill charged, without that any other matter or thing in said Bill of complaint contained, and not herein answered and denied, is true, all which respondents are ready to prove and hereby pray to be hence dismissed with their reasonable cost and charges in this behalf most wrongfully sustained. This 21st January 1844.

Exhibit A

Signed, sealed and delivered this 15 October 1828. Robert White
Witness-Robert Dickson and J Mott.
Recorded 29th December 1837
Terrell Powers clerk State of Alabama Clarke County

Answers of Margarette Pope
1. I have known all the parties named in the interrogatories. I have known William Jasper White and Thomas Dickson White from their infancy. I have known David Tindall before and ever since he was married to the widow of Robert White Deceased. I have known John B. Anderson five or six years and Sarah Cranford I have known seven years and Lucy Hare about the same length of time. I have also known Henry C. White for nine years or more. I knew Robert White decd and Sarah Tindall formerly Sarah Dickson after and before they were married. The said Robert White told me after him and the said Sarah was married that he told the said Sarah he would give her a negro woman called Phillis if she would marry him and he had done it.
2. At the time White was married to Sally Dickson he was more than sixty years old. Sally was about fifteen or sixteen years old she was not fully grown.
3. Henry C. White is my nephew by marriage there is a close family connection between my family and the family of Henry C. White. It was generally talked of in the settlement about the time of the marriage that Robert White had given Sally Dickson a deed to Phillis to get her to marry him about the last talk I ever had with Robert White decd he was telling me what he was going to do for Thomas and Jasper his two sons by his marriage with Sarah Dickson he said he intended to give about eight hundred dollars between the two besides what he had given to their mother. Before the death of Robert White it was generally talked of in the settlement tht Henry C. White was very mad because his father had given a deed for Phillis to Sally Dickson. I was at the weddding of White and Sally Dickson and the man who married them was named Mott. Before the marriage a few minutes Robert Dickson, Sarahs father, came into the house with a paper in his hand and holding it up to me said I have got it and I understood him to mean at the time that the paper was a deed from Robert White to Sally Dickson for the negroe Phillis.
4. John Dickson is my son in law and Sarah Tindall is my neice and the children William Jasper White and Thomas Dickson White are the offspring of my Neice. David Tindall is no relation more than by marriage to my neice.

Answer of Anna White
1. I know the parties complainants and defendants and I knew Robert White deceased and Sarah Dickson at the time they were married. Before they Robert White and Sarah Dickson were married he told me to tell Sarah Dickson that if she would have him he would give her a negroe woman called Phillis. I told her mother what said Robert had said after the first chat he the said Robert asked me to go after the said Sarah and I talked to her mother again in an hour or so after this the said Sarah came to my house and there in my presence he the said Robert told her the said Sarah that if she would marry him he would give her the said Sarah a negroe woman called Phillis. I then left the house and when I returned he told me he wanted me to know the bargain he the said Robert asked me why I went out I said to give Sarah a chanace to talk as she appeared to be ashamed in a month or two they got married and I was a waiter at the wedding for Sally at the time he was married White was over sixty years old Sarah Dickson was between sixteen and twenty years old not more.
2. They were married at her fathers house. I cannot recollect the time as I was going to the wedding I saw Robert White Robert Dickson the father of Sarah and another man I did not know at the time setting on a log in the woods near the house with some paper.
3. Sarah Tyndall is my cousin and John Dickson is my cousin also and all the defendants except Anderson are my relations. Henry C. White is a brother in law and Sarah Cranford and Lucy Hare are my cousins by marriage.
4. I spoke to said Sarahs mother at the request of Robert White and he authorized me to make the offer but I told her mother but he made the offer directly and in my presence. Said Sarah is my cousin William Jasper White and Thomas Dickson White are my cousins also and John Dickson is my Cousin David Tindall is no relation only by marriage.

Answer of John White

1. I knew Robert White deceased and Sarah Dickson defore they married each other and I have known their children William Jasper White and Thomas Dickson White nearly ever since they were born and I knew David Tindall before he was married to Sarah White the widow of Robert White decd and ever since and I have known all the defts for near twenty five years on the day that Robert White and Sarah Dickson was married I went with him from my house to Robert Dickson Sarah Dicksons father to the wedding when on the way near my stables Robert White decd said to me John I have promised to make over the negroe woman Phillis to Sally Dickson before we are married and I expect they will want you to be a witness. I told him I did not want to be one on the account that his children would be mad with me about it and that I expected there would be a law suit about it some day and I did not want to be troubled and he then replied they will get someone else. Before the marriage two or three hours I saw Robert White Robert Dickson and Esqu Mott go off to a log in the woods and sit down and they called back for a pen knife. A short time after the marriage I was riding thro the field with Robert White and I asked him if he had put the mare in too in the deed as well as the negroe he said no I should suppose that Robert White was over sixth years old when he married Sarah Dickson she was about sixteen or seventeen years old. I know of nothing else all the defendants except Anderson are my cousins.

Cross exam of John White

I did not hear Robert White say directly that he gave it in writing but I have understood from the Dicksons that it was in writing. Robert White decd was my uncle and Sarah Tindall was my aunt by marriage and William Jasper White and Thomas Dickson White are my cousins by marriage

Answer of J. B. Anderson and H. C. White

1. They admit that the said Sarah before her marriage with her present husband, David Tindall had been the wife and was the widow of Robert White dec'd and that her maiden name was Sarah Dickson. That the said Thomas Dickson White and William Jasper White are the lawful children of the said Robert White and Sarah Dickson and that the said Robt and Sarah were lawfully married in the county of Clarke on the 15t day of October in the year of 1828.
2. And the said defendants further severally answering for themselves say that they are entirely ignorant of any agreement or marriage contract of any kind entered into by the said Robert White and Sarah Dickson in consideration of their marriage or for any other consideration or at any other time before or after their marriage whereby the said Robert White transferred any right to the said slave Phillis and her issue to the said Sarah as is stated in the said complainants bill of complaint. That they are also entirely ignorant of any intention in writing or otherwise of the said Robert White to settle, and set apart the said negro woman Phillis and her future increase to the separate use and benefit of the said Sarah and the heirs of her body to be begotten by the marriage with the said Robert or to said Sarah for life with remainder over to the heirs of her body by the said Robert, or to transfer any other estate in said negro by any sort of conveyance whatever. That they do not know the ages of the said Robert and Sarah at the time of the marriage and are totally ignorant of any serious objection to their marriage on account of the disparity in age, or any objection, by the father of the said Sarah to the consummation of the nuptials, arising from this or any other cause. That they are ignorant of any understanding between the said Robert & Sarah and her father, that unless the property in Phillis was well secured by the said Robert to Sarah, that the father would never agree or permit the marriage to be consummated. That they are ignorant of the conditions upon which the supposed contract marked exhibit A in the said Bill of complaint was entered into. That they are ignorant of any agreement or promise of any kind to the father of the said Sarah or to the said Sarah & her father, by the said Robert to convey the said negro Phillis by any form of conveyance to the said Sarah upon the condition that the said Sarah and her Father would consent to the marriage or for any other cause or condition. And upon all these matters they pray that the said complainants may be held to strict proof.
3. That they saw for the first time the instrument marked exhibit A in the said complainants bill of complaint in the year 1838 which was then in the possession of the said complaints' attorney but that they are ignorant of the manner that it came to their possession. Whether the same was ever signed, sealed and delivered by the said Robert White, and if the same was ever legally executed, what was the intention of the parties whose names purport to be signed thereto.
4. That they admit that the said Robert White and the said Sarah continued in lawful wedlock until the year 1837 when the said Robert departed this life and that during the coverture the said Sarah had issue born of her body and lawfully begotten by the said Robert White, to wit, the said Thomas Dickson White and the said William Jasper White who are both infants and under the age of twenty one.
5. That after the death of the said Robert the said Henry C. White obtained letters of administration upon his estate and took possession thereof among other property the said negro woman Phillis and two of her children to wit Abram then about three or four years of age and Jerry about two years of age that the said negroes together with the child Martha born of the said Phillis since the death of the said Robert was sold by the said Henry C. White, one of these defendants as administrator of Robert White, at the courthouse in Clarke County and that the said White became the purchaser at his own sale all of which is admitted.
6. They also admit that afterwards to wit, in the year 1842 the defendant Henry C. White for a valuable consideration sold and delivered the said negro woman Phillis and her three children, Abram, Jerry & Martha to the defendant John B. Anderson who still has them in his possession and holds them as his own property.
7. And the said defendants further answering deny any knowledge on their part, at the time they became the purchaser of said negroes, of any claim whatever of the said complainants to the said negroes, on the contrary they understood and so believed that if they ever had any right, the same had been compromised and released to the said administrator for a valuable consideration.
8. The said defendants admit that the said exhibit A mentioned in said bill of complaint of the said complainants was copied in the office of the clerk of the County Court of Clarke County but they deny that the said supposed instrument has ever been legally proven or acknowledged.
9. The said defendants further say that it is not true as is stated by the said complainants that the said negroes were sold by the said Henry C. White as administrator without the consent of the said Sarah and that she nor her husband have received any benefit from the sale thereof, and that the fact is to the contrary.
10. And the said defendants further answering by way of plea, say that the said negroes nor either of them were ever delivered nor were they or any of them ever for one moment in the possession of the said complainants, or any of them or any one else for them, but that they were always in the separate possession of the said Robert White from their birth, who has ever held them, adverse to all other claims and as his own property to the day of his death and afterwards to the said Henry C. White his administrator.
11. And the said defendants further say that the said Sarah, instead of acting the part of a good and faithful wife voluntarily, and without cause, abandoned the bed and board of the said Robert, when his infirmities needed her affectionate care and kindness. That by the consent of the said Robert carried with her all the separate property of her and her children. That for more than five years previous to the death of the said Robert, the said Robert and Sarah lived separate and apart from each other and so live at the time of his death. That during the whole of this time and the time of the coverture, the said Sarah, nor her Father, nor any one else for him or for her children, ever made any claim or ever pretended to have any right title or interest whatever in the said Phillis and her issue.
12. That if the complainants ever had any right whatever to the said negroes the same is now barred by the statute of limitations.
13. And the said defendants further say that a short time previous to the sale of the said negroes, by the said Henry C. White as administrator be understood that the said David Tindall and his wife intended to assert some pretended claim thereto_and for the purpose of buying his peace, and that the said negroes might sell for the full value, he the said administrator gave to the said Tindall and wife the sum of four hundred and fifty dollars which they accepted in full for all right and interest which they had or might have in the estate of the said Robert White and thereupon executed and instrument to that effect. A copy of which is hereunto annexed marked exhibit B and which these respondents pray may be taken as part of their defense and the said defendants say that the said slaves were part of the said estate; and although the instrument is very inartificially written and does not so directly express, yet that it was so intended by the said parties thereto, and it was so expressly and positively understood by the said Henry C. White and the said Tindall and wife that the said sum of 450 dollars was in full for all the right and interest of the said Sarah and her husband in these very identical negroes, all of which these defendants are ready to prove.
14. and the said John B. Anderson answering for himself saith that previous to his purchase of the said slaves he made enquiry of the said Sarah and her husband and was informed by them that they had transferred all their interest in the same to the said Henry C. White, which he is also ready to prove whereupon he became the purchaser for the sum of twelve hundred dollars.
15. And the said defendants further answering say that the said Robert White in order to provide for the said Thomas Dickson White equally with his other children gave to the said Thomas a certain negro girl Jane now grown, and which is still in the possession of the said Thomas and after the death of the said Robert the said Henry C. White purchased another girl of equal value and gave the same to the said William Jasper White, so that the said complainants have all received equal portions with the other heirs of the said Robert out of his estate, and that the said Robert never intended either before or after his marriage with the said Sarah, that either she or the heirs of her body by him to be begotten should receive more and for these reasons the said defendants say that its against equity and good conscience for the honorable court to grant the
prayer of the said complainants.
16. And the said defendants further answering by way of demurrer say 1st that there is no equity in said bill. 2nd that is a misjoinder of complaints. 3rd That the said bill is multifarious 18. And the said defendants each answering for himself deny all intentions of removing said slave out of the jurisdiction of this court and they deny all fraud with which they are in said bill charged, without that any other matter or thing in said Bill of complaint contained, and not herein answered and denied, is true, all which respondents are ready to prove and hereby pray to be hence dismissed with their reasonable cost and charges in this behalf most wrongfully sustained. This 21st January 1844

Exhibit B

Received Clarke County Alabama September 15 1840 of Henry C. White administrator of Robert White deceased four hundred and fifty dollars as my dower and share of the personal property belonging to the estate of my late husband the said Robert White and I do hereby relinquish all right and claim to any of the remaining portion of the said estate both real and personal and I David Tindall the present husband of Sarah Tindall whose name is hereto signed with me do hereby relinquish all claim that I may have now and hereafter in right of my said wife in any part of the estate of the said Robert White dec'd. In testimony whereof we have hereunto set our hands and seals the day and date above written.

Sarah Tindall
David Tindall attest. W. F. Jones

Answer of Sara Cranford

4. The said defendant further admits that during the coverture of the said Robert and Sarah, the woman Phillis had two children, to wit, Gilford, now about 13 years of age and Nancy about 12 years old. That on or about the 2d of April 1832 the said Robert gave to this defendant (who admits that she is a daughter of the said Robert) the said infant Nancy and delivered the said child to her.
5. and the said defendant denies any knowledge on her part that the said child was claimed by the said Sarah Tindall, or any knowledge of the supposed instrument marked exhibit A
7. The defendant says that it is not true that the said negro was given to her by Robert without the consent of Sarah Tindall, but the fact is to the contrary.
8. The said defendant further answering says that the said negro girl Nancy was given to her by her father more than ten years ago in the year 1832, that the girl was then an infant only about ten or twelve months old, that it was then duly delivered to the said defendant and has remained in her possession ever since, all of which was well known by the complainants and that they never pretended to have any right or title whatever until long after the death of the said Robert

Answer of Lucy Hare, aka Lucy Odum

4. She admits that the said negro Phillis during the coverture of the said Robert and Sarah had two children, to wit, Gilford and Nancy, and that the said Gilford came to the possession of Henry Hair in the year 1831, that the said Henry was the husband of this defendant, and the said defendant is now in possession of said negro and holds the same as her own property through the right of her said husband who is now deceased.
5. She had never heard of the instrument marked exhibit A until long after the death of her father. She has heard from those who have seen the said instrument and verily believes that the signature thereto is not the signature of her father the said Robert White.

Sworn and subscribed before me Jany 22d 1844. C. L. Kirksey J.P.

EXHIBIT C

Know all men by these present that I, Robert White, do this day bargain and sell and deliver unto Henry Hair a certain negro boy named Gilford for the consideration of the sum of four hundred dollars in hand paid which property I warrant and defend from myself my heirs my administrators my executors all and every person for ever Signed with my hand and sealed in the presence of Shilo.
Apl 2d 1831 (Signed) Robt White
Filed Jany 24th 1844, attest, Wm Byrd, Regr

Decree

In this case the defendants move to dismiss the bill for want of equity and to discharge the process of seizure on the coming in of the answer. Not being satisfied as to the equity of the bill or whether the parties complts have been improperly joined, the consideration of these questions are reserved for the final hearing and the motion to dismiss the bill is a present overruled. I do not think the allegations of the bill are sufficiently denied by the answers to warrant a discharge of the process of seizure. That motion is also overruled.

Crenshaw, Chancellor

Continuation

Since the filing of their bill Lucy Hare has married one Presley Odom of the county of Clarke in the state of Alabama and we pray that he may be made a party to the said bill of complaint. In this case the complainants by their solicitors give notice to Taylor & Ringold, Solicitors for defendants, that they intend to apply to the Register of the Court of Chancery in Marengo County that on Monday the 27th next they will apply for leave to file a supplemental bill in the above stated case wherein they will set forth that since the filing of the original bill by the complainants praying the said parties defendants to respond under a penalty the original instrument of writing referred to in their bill, and set forth and marked exhibit A has been destroyed by unavoidable accident. They intend to pray for leave to be granted them to establish its former existence and contents by secondary evidence, and that the defendants be subpoenaed to respond to the said supplemental bill. This notice and intended application is made so as to have the case complete for final hearing at the next term of the Chancery Court. Jany 21st 1845.

Answer of H. C. White, John B. Anderson, Sarah Cranford, Lucy Hare to supplemental bill

That if there ever existed any such pretended instrument in writing as that set forth in the Bill of complainants they have no knowledge and are ignorant that the same has been destroyed by unavoidable accident as alleged in said supplemental bill, and they pray, that of this matter the said complainants may be held to strict proof. and for the causes set forth in their answers to the bill and supplemental of said complainants, these respondents now also pray, that they may be hence dismissed with their reasonable cost and charges most wrongfully sustained.
Taylor & Ringgold, Solicitors for respondents.
Sworn and subscribed 5 March 1845.

Answers to interrogatories

Answers of Thomas Dickson

I knew Robert White and Robert Dickson was my father. I knew Joseph Mott and he is now living in Texas.
Answer to 2nd They were married at my fathers house and I was at the wedding.
Answer to 4th I knew Robert Dickson's handwriting up to the time he died. I have been to school to Robert White deceased. I have seen him write in school and I am acquainted with his handwriting as he used to write copies for me in the school.
Answer to 5th The exhibit marked A is a correct copy of the deed of gift. In the year 1833 my father died and I was appointed one of the administrators of his estate. I found this deed among the papers of my father. I kept it awhile and then gave it to Sarah White the wife of Robert White, dec'd when she called on me for it immediately after the death of Robert White Sarah came to me and gave me the deed and requested me to get it recorded. I examined it and found it to be the same paper I had before I found it among my fathers papers. I believe the name of my father to it as one of the witnesses to be in his handwriting and I believe the name of Robert White to it to be in his handwriting because I paid attention to the deed and the name signed to it and I knew the handwriting of my father and Robert White from the reasons stated above. I took the deed to the office of the County Clerk of Clarke County. I left it with the clerk and did not see it again.
Answer to 6th After the death of Robert White, Sarah came to me and asked me to go with her to see Henry C. White as she was going to make a demand for the negroes he had which she claimed. I went with her and she asked him for Phillis and her children and he replied she could not get that property. Before John B. Anderson traded for the negroes mentioned I heard him say that the children's rights to the negroes was good and that they would get them someday.
Answer to 7th At the same time that Sarah asked Henry C. White for Phillis and her children I also went with Sarah to Sarah Cranford and Lucy Hare and ask for the return of the negro girl Nancy and the negro boy Gilford. They all refused to give up the negroes.
Thomas Dickson

Answers of Anna White

1st I know the parties complainants and defendants and I knew Robert White and Sarah Dickson at the time they were married. Before Robert White and Sara Dickson were married he told me to tell Sarah Dickson that if she would have him he would give her a negro woman called Phillis. I told Sarah's mother what Robert had said. After the first chat Robert asked me to go after Sarah and talk to her mother again. In an hour or so after this Sarah came to my house and there in my presence Robert told Sarah that if she would marry him he would give her a negro woman called Phillis. I then left the house and when I returned he told me he wanted me to know the bargain. He asked me why I went out. I said to give Sarah a chance to talk as she appeared to be ashamed. In a month or two they got married and I was a waiter at the wedding for Sally. At the time he was married White was over sixty years old Sarah was between sixteen and twenty years old not more. 2nd They were married at her fathers house. As I was going to the wedding I saw Robert White, Robert Dickson the father of Sarah and another man I did not know at the time setting on a log in the woods near the house with some paper.
3rd Sarah Tindall is my cousin and John Dickson is my cousin also and all the defendants except Anderson are my relations. Henry C. White is a brother in law and Sarah Cranford and Lucy Hare are my cousins by marriage.

Anna White's answer to cross interrogatory

I spoke to said Sarah's mother at the request of Robert White and he authorized me to make the offer but he made the offer directly and in my presence.

Answers of Margarette Pope

I have known John Dickson and Sarah Tindall from their infancy also I have known William Jasper White and Thomas Dickson from their infancy. I have known David Tindall before and ever since he was married to the widow of Robert White. I have known John B. Anderson five or six years and Sarah Cranford I have known seven years and Lucy Hare about the same length of time. I have also known Henry C. White for nine years or more. I knew Robert White and Sarah Tindall formerly Sarah Dickson after and before they were married. The said Robert White told me after he and Sarah were married he would give her a negro woman called Phillis if she would marry him and he had done it.
2nd At the time White was married to Sally Dickson he was more than sixty years old. Sally was about fifteen or sixteen years old she was not fully grown.
3rd Henry C. White is my nephew by marriage there is a close family connection between my family and the family of Henry C. White. It was generally talked of in the settlement about the time of the marriage that Robert White had given Sally Dickson a deed to Phillis to get her to marry him about the last talk I ever had with Robert White he was telling me what he was going to do for Thomas and Jasper his two sons by his marriage with Sarah Dickson he said he intended to give about eight hundred dollars between the two besides what he had given to their mother. Before the death of Robert White it was generally talked of in the settlement that Henry C. White was very mad because his father had given a deed for Phillis to Sally Dickson. I was at the wedding of White and Sally Dickson and the man who married them was named Mott. Before the marriage a few minutes Robert Dickson Sarah's father came into the house with a paper in his hand and holding it up to me said I have got it and I understood him to mean at the time that the paper was a deed from Robert White to Sally Dickson for the negro Phillis.
Margarette Pope

Margarette Pope's answer to cross interrogatory
John Dickson is my son in law and Sarah Tindall in my niece.

Answers of John White

I knew Robert White deceased and Sarah Dickson before they married each other and I have known their children nearly ever since they were born and I knew David Tindall before he was married to Sarah White. I have known all of the defendants for near twenty five years. On the day that Robert White and Sarah Dickson was married I went with him from my house to Robert Dickson to the wedding when on the way near my stables Robert White said to me, John I have
promised to make over the negro woman Phillis to Sally Dickson before we are married and I expect they will want you to be a witness. I told him I did not want to be one on the account that his children would be mad with me about it and that I expected there would be a law suit about it some day and I did not want to be troubled and he then replied that will get someone else. Before the marriage two or three hours I saw Robert White Robert Dickson and Esqr Mott go off to a log in the woods and set down and they called back for a pen. A short time after the marriage I was riding through the field with Robert White and I asked him if he had put the mare in too in the deed as well as the negro. He said no. I should suppose that Robert White was over sixty years old when he married Sarah Dickson she was about sixteen or seventeen years old. I know of nothing else all the defendants except Anderson are my cousins. John White

John White's answer to cross interrogatory

I did not hear Robert White say directly that he gave it in writing but I have understood from the Dicksons that it was in writing. Robert White was my uncle and Sarah Tindall was my aunt by marriage and William Jasper White and Thomas Dickson White are my cousins by marriage.

Deposition of Duncan Kelly

In December 1843 I had in my possession a short time a certain deed of gift or marriage agreement purporting to be executed by Robert White to Sarah Dickson. Said deed conveying a certain negro woman. I have a faint recollection of the witnesses Robert Dickson and J. Mott. In December of 1843 I received the deed in question with other papers from Linden in a trunk that was purchased at the sale of my brother Kenneth Kelly deceased the said deed was burned at my
house by accident. Duncan Kelly

Answers of John Loftin

1st He is acquainted with the complainants. Has know Sarah Tindall from her birth. That he has known David Tindall about six years and that he has known Thomas Dickson and William Jasper White from their infancy.
2nd He was acquainted with Robert White. Knew him from the year 1816 until his death. Understood that he was the husband of Sarah Tindall. Does not remember when they were married. That she did abandon the bed and board of Robert but at what time does not recollect precisely, but thinks that it was about five years previous to his death. That she did never return to his house after leaving him up to the time of his death. That he did converse with Sarah before the death of Robert concerning their separation but doesn't recollect the substance of their conversation.
3rd He knew the woman Phillis about 15 years. That they have been from the time of their births in the possession of the said Robert White, and that Robert White was her owner when he first knew her. That the woman Phillis from the time of the death of the said Robert has been in the possession of Henry C. White until the year 1842. That the slaves named were generally respected to be his property, and that he always exercised the entire control over said negroes up
to his death that neither of the complainants ever had the separate possession of any or either of the slaves, nor does he know that they ever pretended to have any claim thereto during the life of the said Robert. Does not know who has the present possession of any or either of the slaves.
4th He has seen the instrument marked exhibit B before and that he supposed the only intention which the parties could have had was to relinquish as set forth in said instrument all and every claim which they may have had to the property composing the estate of Robert White. That the five slaves were supposed to be a part of said estate and that he has thought that it was the intention of Tindall and wife in making said instrument to convey all of their rights and
claims to Henry C. White.
John Loftin

Answers of Ennis Loftin

2nd That he heard Sarah Tindall say that she had come to an understanding with Henry C. White in relation to the claim which she had set up to the negroes and that she intended on going to Macon in a few days for the purpose of effecting a compromise and that he afterwards heard David Tindall say that they had settled the affair and that he had received entire satisfaction for their claim. That this conversation took place about the latter part of the summer of 1840. That he purchased from David Tindall a note for four hundred and fifty dollars made by Henry C. White. That said David Tindall told him that Mr. White had given him that note for his claim to the said negroes, and that he was fully satisfied.
Ennis Loftin

Answers of Thomas Dickson

2nd He heard a conversation between John B. Anderson and David Tindall relative to the claim of the said David Tindall and wife. From the tenor of his conversation gathered that the said David Tindall had sold his claim to Mr. Henry White and that Tindall thought Mr. White ought to pay a portion of the cost which had accrued upon a suit which had been pending in relation to said claim before they had a settlement. That this conversation took place in the summer of 1840 and before Mr. Anderson became the purchaser of said negroes. Thomas Dickson

Answers of Hiram White

2nd That Robert White did give to his son Thomas Dickson White a negro girl named Jane and that she is now in his possession. That Robert White had provided for each of his other children and wished to give to his son Thomas Dickson and equal portion with the rest. and further says that Jane is not the child of the negro woman Phillis. Hiram White

Answers of Joseph Hair

2nd Mr. Henry C. White did give to William Jasper White a negro girl slave sometime in the fall of the year of 1840. That the girl is worth about three hundred dollars and is still in his possession. That said girl was given to W. J. White by Henry C. White so as to provide equally for the children. Joseph Hair

Answers of Joseph Cranford

2nd He was present when Robert White gave the girl Nancy to Sarah Cranford. That she took Nancy into her possession at that time which was some time during the year 1834. That at the time of the gift Nancy was about two years old. Mrs. White was, at the time the gift was made, living separate and apart from her husband, but that he heard of no opposition to it on her part. David S. Cranford

Answers of Benjamin C. Foster

2nd I consider David Tindall to be a man of weak mind and very limited in a general knowledge of business.
3rd I do not think David Tindall able to manage his affairs with common prudence and believe he might be easily cheated or deluded by designing men in whom he has any confidence. B. C. Foster

Answers of Dickson Boutwell

3rd I had the original of which this exhibit A purports to be a correct copy about a year. Sarah Tindall gave it to me for safe keeping before her husband Robert White died. I drew a copy of it and gave it to John Creagh. I thought the instrument was written in the hand writing of Joseph Mott and I believe the signature to be in his had writing 5th I lived in the neighborhood of Hosea in Marengo county at the time Robert White and Sarah Dickson were married, and it was well known and talked of in the neighborhood that Robert White had given Sarah Dickson a negro girl to marry him. William Cranford late husband of Sarah Cranford, Henry Hare late husband of Lucy Hare and Henry C. White and Robert White used all to frequent and trade at my store, about and after that time, and I think they all must have known about the report of his giving the negro Phillis to Sarah Dickson to marry him as it was very generally talked of in their settlement. Dickson Boutwell

Answers of Morgan Carleton

2nd David Tindall is a man of weak mind and of very limited knowledge of business. 3rd I do not think him capable of managing his affairs with common prudence. I think it would be easy to cheat him or delude him by designing or shrewd men.
Morgan Carleton

FINAL DECREE In Chancery at Linden June 1846.

From the pleadings and proof it appears that Robert White, shortly before his intermarriage with Sarah Dickson and in consideration of the contemplated marriage conveyed to the said Sarah and the heirs of her body being issue of said intermarriage, a negro woman named Phillis. That the said Sarah refused to marry the said Robert unless he would give & secure to her the woman Phillis, and that the deed was accordingly executed. The bill states that it was intended by the parties to give to the said Sarah a life estate only, with remainder to the issue of the marriage and that the deed was unskillfully drawn and does express the true intention of the parties and seeks to have it reformed. The proof is, not that Robert White was to give to the said Sarah a life estate, with remainder to the issue of the marriage, but that he was to give and secure to her the negro woman in question absolutely, without any reference to a life estate, or remainder to her issue, and to her separate use.
If then the deed is to be reformed, we must come at the true intention of the parties from the proof. The deed as it stands unreformed, gives to the said Sarah the entire property of the woman Phillis for it creates an entailed estate and the law is settled, that in an entail of personal property, the first taken shall have the entire and absolute estate.
Hence it follows, that the issue of the marriage, who are Thomas D. White and Wm J. White, can claim no interest in the property either under the deed as it stands, or under the proposed reformation of the deed. We will next inquire whether Mrs. Tindall, (who was the wife of Robert White) can now claim a reformation of the deed. From the testimony, I think it was evidently the intention of the parties, that White should make an unqualified conveyance of the negro woman to his intended wife, and secured to her own separate use, and if there were no bar or impediment in the way she would probably be entitled to have the deed reformed so as to express that intention. It appears that White continued in possession of the property and gave away two of the children of Phillis to the dependants Lucy Hair and Sarah Cranford and that on his death Henry C. White, his adms took possession of Phillis and her three children as a part of his estate, and which he afterwards sold to John B. Anderson. It is in evidence that with a full knowledge of their rights, the complainants Tindall and wife in 1840 made a compromise with the admr of Robt. White, and rec'd $450 in full of all their claims on the personal estate of said White, and that Phillis and her children were considered and included as a part of the estate. I apprehend their rights to have the deed reformed is concluded by this compromise, if there were no other objections to the relief sought by the bill the objections, some of which were certainly well taken, I forbear to notice, being satisfied that the bill must be dismissed on the grounds above stated and it is ordered and decreed that the bill be dismissed with costs.

Crenshaw, Chancellor

Filed June 18th 1846.
Attest Wm Byrd, Regr

{After this law suit, the Odum family moved to Stephens, Arkansas where they lived the rest of their lives.}