Chancery Suit – Joseph Preas (Sr) Vs Samuel Tate 1842 – 1843
Elizabeth Preas, daughter of Joseph Preas (Sr.), married Samuel Tate 8 December 1835 and they had two children, Mary Anne Tate and Joseph James Tate. Sometime late 1841, Samuel Tate was put into an institution for the insane. We do not know what events occurred. We also don’t know what happened to Elizabeth Preas Tate because she disappears from all records after this time. (Did Samuel murder Elizabeth? Did Elizabeth divorce and remarry?) We do know that the two children stayed with Joseph Preas Sr. and his two unmarried daughters, Amy & Nancy Preas (sisters of Elizabeth).
The reason this Chancery Suit was brought by Joseph Preas, Sr. was due to the debt owed by Samuel Tate before he was committed. These “Creditors” were showing up on Joseph’s doorstep demanding payment and threatening him with lawsuits. Samuel Tate owned slaves and Joseph Preas proposed selling one of the slaves to make payment on the debts owed by Samuel Tate. Before doing this, he had to ask and get permission from the court to undertake this action.
On 24 October 1842, Joseph Preas Sr. presented to the Court that he was previously ordered by the said Court to take charge of, manage, and preserve Samuel Tate’s estate & effects, including three slaves; Jackson, Charles & Bob. That Samuel Tate was indebted to William McDermad for the sum of $81.87 for goods & merchandise sold from his store.
Joseph Preas states that at the time he undertook the action of caring for the estate of Samuel Tate he, Joseph, did not think that he would be personally liable for the debts owed by Tate and “the profits of said estate have been wholly inadequate to the payment of said debt or any part of it, but have been entirely exhausted & consumed in maintenance & support of the family of the said Tate.”
Joseph says that he has been personally sued for the debt owed by Tate and will have to sell some of his (Joseph’s) own land to pay the creditors which he claims “which would be manifestly oppressive and unjust”. Joseph represents that it would only be fair that a portion of Tate’s property be sold for the purpose paying off those debts.
Joseph Preas proposes that one of the slaves should be sold but “doubts (may) exist as to his right to sell said slave without the execution of this court it would therefore be imprudent in him to do so without the authority of the decree of this court, as purchasers might be in doubt about the title to be conferred by your orator, and would not therefore be as willing to buy as if the title was placed beyond all question.”
In October of 1842, Robert J. Mitchell was made committee for Samuel Tate and answered Joseph’s suit in this manner: “This respondent serving the benefit of all proper exceptions to the said bill for answer there unto by this said R.E. Mitchell specially assigned his committee, answers & says, - That the said defendant is a person of insane mind and incapable of defending his rights. He therefore prays to be allowed to be placed under the control & direction of this court for the defense of his rights, and that your worships will make such orders & decree in the premises as to you may seem just and right and as may be most expedient for the interests of this Defendant and having fully answered he prays to be hence dismissed &c. Samuel Tate by Ro. J. Mitchell – Specially assigned his Committee”
In October 1842, the Court issued the following Decree:
“Upon consideration, whereof the Court being of opinion that, one of the slaves in the Bill mentioned ought to be sold for the purpose of raising a sum of money sufficient to pay off & discharge the judgment & cost in the Bill mentioned, doth therefore adjudge, order & decree that the plaintiff do, after leaving first advertised the time & place of sale at the courthouse of this County & such other public places as he shall deem best calculated to give publicity to the same, proceed to sell such one of the slaves in the bill mentioned as he should deem best for the interest of the family & estate of the said Samuel Tate to dispose of to the highest bidder at public auction or he may sell at amount sale of in his opinion [is and be most for arranging?] for a sum in cash sufficient to pay off the said judgment & costs and the costs of this suit and expenses of sale. And upon a credit of 12 months as to the residue of the price of said slave taking bond with good security of the purchase for the deferred payment, and that he report his proceedings herein to this court in order to a final decree.”
In November of 1842, Joseph Preas Sr. did sell one of the slaves as is shown in the following Court document:
“Pursuant to a decree of the County court of Bedford pronounced in a Chancery suit of Joseph Preas committee of Samuel Tate a person of unsound mind plaintiff and the said Samuel Tate defendant & did on the day of November 1842 sell the Negro boy, Bob, in the bill mentioned to David Roy for the sum of two hundred and ten dollars which amount I have collected of said Roy and paid the judgment in the bill mentioned and hold the balance in my hand as committee of the said Samuel Tate and appropriated the said towards paying other debts against the estate of the said Samuel Tate as will be shown in the settlement of my account as committee, aforesaid. Given under my hand this 11th Sept 1851. Joseph “X” Preas Teste Jno R. Steptoe”
Why this document is dated in the year 1851, I do not know. I have re-verified the date on the original document and there is no mistake.
This Suit shows an itemized listing of food and utensils purchased by Samuel Tate, dated December 1839 through August 1841. So I would assume Samuel Tate was committed around September of 1841.