Opinion
June Term, 1824.
On the facts set out in bill and answer the defendant held to bail to perform final decree of the court.
THE bill was filed by the children of Lemuel Wade, deceased, and set forth that Lemuel Wade by his will bequeathed certain negroes to his wife for life and after her death to the complainants; that after taking possession of the negroes the widow intermarried with one Parks, and that Parks had sold the negroes to Watson, who had conveyed the same out of the State or to some remote part thereof. The bill prayed that Parks and Wasden might be decreed to enter into security for the production of the negroes when the life estate expired, and least the defendants should abscond or remove before complainants' case could be heard, it further prayed that they might be held to bail.
The answer of Parks and wife admitted the claim of the children under the will, and stated that Parks had sold the life estate of his wife only to Wasden.
Wasden's answer stated the purchase by him from Parks of his wife's life estate, and that he had sold the same interest to one Williams of Columbus County and one Smith of Sampson.
And the court, upon the reading of the bill and answer, ordered that a capias issue against Wasden to hold him in custody until he give bond and security, conditioned to abide by and perform the final decree of the court in this case.
(203)