Enslaved People Named: Jacob, Hamlet, Lucke [alt: Luke], Sam, Jim, Dick, Sampson, David, Sault, Quamina, Charles, Joe, Phoebe [alt: Phebe], Diana [alt: Dianna], Affey [alt: Affee, Affy], Barsheba, Nanny, Flora, Abby, Betty, Lily [alt: Lilly] & Jim
Slaveowners: James Holmes
Date of Case: 1817
[Begin Transcript]
State of Georgia
To the Hon’ble the Judge of the Superior Court of the Eastern District
The petition of Robert Mitchell, of the County of Chatham, administrator of all & singular the goods & chattels, rights & credits of Spencer Man [alt: Mann], late of the State of South Carolina deceased, sheweth, that James Holmes Esq of the County of Liberty, by his certain bond or obligation dated the first day of March in the year of our Lord one thousand eight hundred and four, became bound to the said Spencer Man, since deceased, in the penal sum of fifty thousand dollars, conditioned for the payment of twelve thousand five hundred dollars in twelve months from the date thereof, with lawful interest of the said State of Georgia, and the further sum of twelve thousand five hundred in twenty four months from the date of the said obligation, with lawful interest: That for the better securing the faithful payment of the said sum, the said James Holmes did, on the first day of March in the year aforesaid, by way of bargain & sale, mortgage unto the said Spencer Man (& to others, who have since received the amount of their several demands) his executors, administrators & assigns, all those certain negro slaves, in number twenty two, to wit, Jacob, Hamlet, Lucke [alt: Luke], Sam, Jim, Dick, Sampson, David, Sault, Quamina, Charles, Joe, Phoebe [alt: Phebe], Diana [alt: Dianna], Affey [alt: Affee, Affy], Barsheba, Nanny, Flora, Abby, Betty, & two children, Lily [alt: Lilly] & Jim, together with the future issue & increase: all which negroes are now in the possession of the said James Holmes: and your petitioner avers, that no part of the said two several sums, stated in the Condition of the obligation aforesaid, has been paid to the said Spencer Man, in his life time, or to your petitioner since his death: and your petitioner brings before your Honor the letters of administration granted to him on the estate of the intestate, which proves him to be administrator as aforesaid; & he prays for an order to foreclose the said mortgage, and to proceed in the premises as is usual & customary in such cases.
And your petitioner will ever pray.
Harris atty for Robert Mitchell, adm’or of Spencer Man.
Robert Mitchel, adm’or of Spencer Man, late of South Carolina deceased, being duly sworn saith, that James Holmes of the County of Liberty is justly indebted to him, as administrator as aforesaid, in the sum of twenty five thousand dollars, with interest on the same, from the first day of March in the year of our Lord one thousand eight hundred and four, as appears by a bond or obligation of the said date, executed by the said James Holmes to the said Spencer Man & others: and this deponent further swears, that he does not know of any payment made on the said, or of any credit on the same: that the negroes [word smeared’ mentioned in the [word smeared] petition for foreclosure are the negroes named & mentioned in the mortgage of the said James Holmes to the late Spencer Man for the better securing the debt aforesaid.
Robert Mitchel
Sworn to before me this 23d day of January 1817.
Jno. Macpherson Berrien
Judge Sup. Ct. E.D. [Eastern District] Georgia
Chambers 23d Jan’y 1817
On reading the petition & deposition of Robert Mitchel, administrator of Spencer Man, it is ordered, that he have leave to foreclose the mortgage, stated in said petition, & that the Clerk of the Superior Court of Liberty County do issue execution for the sum sworn to, as is usual & customary in such cases.
Jno. Macpherson Berrien
Judge Sup. Ct. E.D. Georgia
Recorded 29th January 1817 by E. Baker Clk
[End Transcript]
[NOTE: For the original collateral mortgage, see https://theyhadnames.net/2022/01/06/used-as-collateral-holmes-mann/.]
Source: Superior Court minutes, 1809-1821, Liberty County, Georgia, page 276-7; database with images, “Liberty County Superior Court Minutes 1809-1821,” FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3H3-WP1 : accessed 10 Jul 2023), Family History Library Film 008628963, item 2 of 2, image 592-3 of 653.