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Meynell v. Moore Eng. Rep. 70 (1694-1865)

handle is hein.slavery/ssactsengr0613 and id is 1 raw text is: MEYNELL V. MOORE [1727]

[103]       FOREIGN LAWS AND CUSTOMS.
CASE 1.-SARAH MEYNELL, Widow, and others,-Appellants; GEORGE MOORE,-
Respondent [27th March 1727].
[Mew's Dig. vi. 1428: See 1 Dick. 30: 3 Atk. 409.]
[By the laws of Antigua, all deeds relating to estates within that island must be
registered there, in order to make them effectual.-And by the same laws,
all the stock, utensils, erections, and buildings upon a plantation, are subject
and liable to the payment of debts, except negroes and 6ther slaves, which
are deemed to be affixed to the freehold, and cannot be sold for that purpose,
unless there is a deficiency of general assets.]
** This case does not appear in any other book, and seems to be entirely
confined to its own circumstances, and not to afford any precedent of general
law.
ORDER of the Lord Chancellor partly reversed, but for the most part
AFFIR IED .**
Lawrence Crabb in 1690, went to the island of Barbadoes, and there inter-
married with the appellant Sarah, who was one of the three daughters and coheirs
of George Fletcher of that island.
The said George Fletcher died seised in fee of five messuages and one acre of
land, with several negroes, and other live and dead stock in Barbadoes, of £470 per
ann. and also of a plantation, messuages, and lands, with'several negroes, and other
live and dead stock in the island of Antigua; which, on his death, descended upon
hi, three daughters; and two of them scon after dying without issue, the appellant
Sarah became thereupon entitled to the reversion of all the said premises, expectant
on the death of her mother, the widow of the said George Fletcher, and who after-
wards intermarried with Francis Young.
Lawrence Crabb carried the appellant Sarah to Jamaica with him, and in 1691,
embarked from thence for England; but in their passage, the ship and all her cargo
was lost, they themselves narrowly escaping; and Crabb being in mean circum-
sttnces, the appellant Sarah's mother, in regard to his necessities, surrendered the
plantation and premises in Antigua to the appellant Sarah; who, in 1695, went with
her husband to Antigua, and took possession thereof; but finding the plantation
unprovided with a sufficient stock, and in want of several necessaries, Crabb [104]
wrote to his correspondents in England, to send him coppers and other things
necessary for the same; but not being able to procure any supply from them, and
being by reason of his very low circumstances unable to procure the same himself,
he and the appellant Sarah went to Barbadoes, to persuade her mother to agree
that the appellant Sarah's estate there, which she was entitled to after her mother's
death, might be sold, and the money arising therefrom applied in erecting proper
buildings upon, and to supply and stock the plantation in Antigua. This the
mother at first declined; but at last she consented to such sale, on Crabb's agreeing,
that the money arising therefrom should be employed in supplying and stocking
the Antigua plantation, and that then the buildings, negroes, and stock thereon,
tcgether with the plantation itself, should be settled upon the appellant Sarah and
her issue.
The Barbadoes estate was accordingly sold, and the money arising by such sale
laid out in supplying and stocking the Antigua estate with the necessary works,
negroes, and cattle; and according to the said agreement, Crabb and the appellant
Sarah, by indenture dated the 10th of April 1699, in consideration of £1200 con-
veyed- to Thomas Lasher, his heirs and assigns, all the said plantation in Antigua,
together with  all the houses, out-houses, cattle, mills, edifices, and  build-
ings thereon, and    all coppers, stills, worms, utensils, and   other   things
'whatsoever thereunto belonging; and also sixty-seven negroe slaves, with their
in~crease, together with thirty-five neat, able, working cattle, and their increase, etc.
habend' to the said Thomas Lasher, his heirs and assigns for ever; who, by inden-
ture, dated the 15th of the same month, for the like consideration, conveyed the said
70

IV BROWN.

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