Page:Pennington's Executors v. Yell.pdf/8

Rh to prevent his leaving, or detaining his property. Mrs. Smith, alias Ruffin, had lived in said county for some time before said delivery bond was taken, and she left for the lower county in the spring of 1846. When witness first knew her, she had five or six negroes in her possession in Arkansas county; they were likely negroes, worth more than $1,000. Defendant, Yell, practised law in Arkansas county, and was almost always present at the circuit courts held therein. In the year 1842, he was frequently in the county, and had a general acquaintance there. Mrs. Smith was pretty generally known in the county, and her residence and circumstances might have been easily learned on inquiry. Witness had been sheriff of the county ever since 1840, and defendant had practised law in said county ever since and before that time; but witness did not know how long. Mrs. Smith came to the county in 1841, witness thought, and resided there until the spring of 1846. He sold the last of her negroes in the fall of 1843. At the time Pullen went on said delivery bond, witness considered him very good, but when he left the country his solvency was doubtful. He had conveyed all his property to one Guise, who sold all that had since been disposed the time aforesaid, of in the country. Pullen left the country soon after the delivery bond was given. Before selling the boy Dick, witness required a bond of indemnity, which he still held, and which defendant, Yell, executed to him. He required the bond because there was some dispute about the title to the property. Defendant paid him costs for keeping the negro boy levied on, and other expenses, amounting to some $75 or $85, as would appear by his receipt in the hands of Messrs. Watkins & Curran.

Farrelly testified that John W. Pullen left the State in April, 1843. A few days before he left, he transferred all his property to Guise. Witness did not know of Mrs. Smith having any property but negroes, and he learned, from a certified copy of the records of the Pope and Johnson probate courts, that they were inventoried as a part of the estate of John Smith, deceased, her former husband. [To the legality of this last statement,