File Box V-2 Case 1397 March 6, 1857
John A. Vance & his wife Agnes M. Vance, Exparte }
This day this cause came on for hearing before the Hon. Samuel D. Frierson, Chancellor, upon the exparte petition of petitioners & the exhibits thereto. And it appearing therefrom to the satisfaction of the Court, that said Agnes M. owns absolutely in her own separate right the slaves mentioned in the petition, among whom is the slave Moses; & that petitioners bought the tract of land mentioned in the pleadings, the boundaries of which are more particularly set forth in the deed marked exhibit "B", from one Thomas J. Scott, for the consideration of Eleven hundred dollars & that said deed is executed to petitioners, their heirs & assignees jointly, but that the purchase money therefore has not yet been paid, but that the said John A. with James M. Vance as his security has executed his note, therefore & that petitioners have no means of paying the purchase money for said tract of land, except by the proceeds of the sale of one of said slaves, & that petitioners are desirous that said slave Moses to sold for that purpose & it further appearing that the said John A. is willing to relinquish inn consideration of said purchase money's being paid by the proceeds of this sale of said slave, all his right & title under said deed to said land, to his wife the said Agnes M. her heirs & assigns forever. It is therefore ordered _______ by the court, that said slave Moses be sold & the proceeds applied to the payment of the purchase money for said land; & that James M. Vance be appointed a special commissioner to sell said slave, either at private or public sale, as in his discretion he may think best, in order to get the highest price for the same, for cash, & that he apply the proceeds to the payment of the purchase money for said slave first, of the costs in the case , to the payment of the purchase money for said land. (second to the payment of the fee of Ward & Teff(?) for their services as counsel in this cause)
It is further ordered & decreed by the court that before the said James M. Vance shall apply the proceeds of the sale of said slave, according to the directions aforesaid, he shall cause the said John A. Vance to execute & deliver a deed to his said wife the said Agnes M. conveying all his interest in said land to the said Agnes M. her heirs assigns forever & that the said James M. Vance make report of his proceedings as said commissioner to the next or subsequent term of this court.
Submitted by Vicki W. Shaffer