Page:Pennington's Executors v. Yell.pdf/6

Rh that the amount was consumed in payment of costs and his own fees.

Dorris testified that said E. G. Smith resided in the county of Jefferson in 1839, and in the beginning of the year 1840; and that she had in her possession negroes and other personal property, but to what amount he did not then recollect. That she removed to Arkansas county some time in 1840, taking her effects with her, and continued to have negroes and other personal property in her possession; and that several debts, and some judgments, were collected' out of her property after she removed to Arkansas county. Witness did not know in what right she held said property, but, to the best of his knowledge, a great part of it was taken and sold and applied to the payment of her debts, or debts for which she became liable. That she left Jefferson county prior to the time said judgment of Pennington was rendered against her. That J. W. Pullen, the security in said delivery bond, left Arkansas county, as he believed, after the October term of the Arkansas circuit court, 1842, and, that he had in his possession, prior to leaving, and when he left; a good deal of property and negroes. That, at the term of the court when the negroes of said E. G. Smith were sold, one John Lennox was, as he believed, the purchaser thereof; and that said Lennox was her husband, he believed.

Anderson testified that he had been spoken to by Mrs. Smith to bring suit for some negroes, which were sold, as he understood, out of her possession in Arkansas county.

Plaintiffs next read the depositions of Richmond Peeler and John L. Jones, taken by consent, and on behalf of both parties.

Peeler testified that he was acquainted with Elizabeth G. Smith when she removed to Arkansas county, which, as he recollected, was in the latter part of the year 1839; and that she was then considered to be in good circumstances, and had several slaves. Some time afterwards she intermarried with B. B. Ruffin, but the precise date witness did not recollect. After her intermarriage with Ruffin, "there were debts come against her, and, through his bad management, she became destitute of