Back to Extract Index
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 decd 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 decd
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 decd 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 decd 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 dec'd 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
dec'd 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 the said Robert White dec'd, 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 dec'd 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
Answer 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:
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
form 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