Levi Dix vs William Copes - Transcribed by Gail M. Walczyk

Thursday October the 10th 1811

Present

Honbl Thomas Evans Judge

Levi Dix - Plt.

Against

In Detinue

William Copes - Deft.

This day came the parties by their Attornies and thereupon came also a Jury to wit; John A. Bundick, Samuel Walston, James Eichelberger, Alexander McCollom, George Marshall, William Floyd, William White, William Joynes, Isaiah Baker, William D. Outten, Ephraim Outten and Henry Harvey who being elected tried and sworn well and truly to try the issue joined between the said parties retired and afterwards returned into Court with the following Special Verdict to wit; "We the Jury find that Charles Metcalf on or about the year 1785 died intestate leaving Sarah Metcalf his widow and their daughters Nancy Metcalf, Sally Metcalf and Elizabeth Metcalf all infants of tender years, that Elizabeth Metcalf died on the __ Day of March 1789 at infant and without issue that previous to the death of said Elizabeth a division was had of the slaves of the said Charles Metcalf among his said widow and three children but that the said division was not made according to Law but by three of the neighbors respectable men viz; John Custis, Mark Metcalf and John Kelly and who were appointed to appraise his said estate, that the division as aforesaid made was not equal at that time Pompey, a Negro man worth Ninety pounds being assigned for the dower of the said Sarah, that Patience a Negro woman of the value of Seventy five pounds was assigned to Elizabeth, George a Small Negro boy of the value of Twenty five pounds assigned to Nancy and David to Sally, the said David being of the value of Fifteen pounds. Nancy Metcalf was born the 15th October 1779 and was married to George Edmunds when she was about 17 or 18 years of age, that Sally Metcalf was born November 4, 1781 and was married unto William Copes in the year of 1803. That in the year 1797 a bill of Chancery was filed by Levin Copes and Sally his wife, the said Sally Metcalf the widow of the said Charles having before that time having intermarried with the said Levin against George Edmunds and Nancy his wife and Sally Metcalf Defts. Whereby proceedings we find in the words viz To the Worshipful &c That the said Levin at that time was the Guardian of Sally the infant Deft. To take care of her property. That after the said division, the said George Edmunds took into his possession the Slaves there assigned to him and bequeaths them unto his said wife the said Nancy. That the said Nancy afterwards intermarried with Raymond Taylor in June 1800. That Sally after arising at age took possession of the slaves assigned unto her under the said decree and was married unto William Copes as above stated and that Levin Copes took possession of the Slave aforesaid under the said decree, that the said Levin Copes departed this life in the year 1800 leaving Sally his widow and two children viz; James T. Copes and Susannah, that the said Sally intermarried with Richard Grinnalds and that the said Richard Grinnalds & Sally his wife & Levi Dix and Susannah his wife, the said Levi having intermarried with Susannah the daughter of said Levin Copes against James T. Copes which proceedings we find in these words viz; To the Worshipful Justices &c We find that Leah the slave in dispute was the slave mention in the said division. We also find that Raymond sold the slave George on or about the year 1810 and that William Copes sold the Slave David in the year 1808 which said Slaves George & David were assigned to their respective wives in the division made by John Custis, Mark Metcalf and John Kelly. We find that Sarah Grinnalds who was the widow of the said Levin Copes qualified as administrator to his estate in the year 1800 the said Levin having shortly before that time departed this life. We find that Leah the slave in dispute is the offspring of Patience mentioned in the said division. If from the above facts the Law is for the Plt. We find for the Plt. The slave in the declaration of the value of L60 & one penny damages, and if the Law be for the Deft. We find for the Deft. And the Court not being advised who Judgment to give in the premisses this cause is continued until next Court.

Source:
Walczyk, Gail M. EASTERN SHORE DISTRICT COURT 1805 -1816. Coram NY: Petersrow, 2004: 112, 113.

© Copyright 2008 by Gail M. Walczyk