Roy v. Cirode

Citation: Pierre Roy vs. William Cirode, Case #6511 (July 1849), in Chancery Court Defendants Index for Jefferson County, Kentucky Department of Libraries and Archives, Frankfort.

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Affidavit filed in October 1854 says that the complainant acknowledges satisfaction of suit through the “proceeds of sale in this case” paid in several installments, but totalling $736.95.

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“Refunding Bond” (with a different case number at top). States that Roy and several others are “held and firmly bound unto William Cirode in the penal sum of Two thousand dollars for the payment whereof well and truly to be made we bind ourselves our heirs &c. …” Signed on June 28, 1850. The bond had to be made before the money due Roy from the case could be paid.

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A list of the interrogatories posed by the plaintiff:

State whether you know the slave named in the Bill. Who does he belong to.

State whether Wm Cirode is not or now resident of Kentucky. how long has he been absent

State any other facts or circumstances known to you which you may think will be of advantage to any of the parties to this suit.

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Decreement, made December 1849. Decreed “that unless defendant Cirode do within fifteen days pay complainant $2620 & his costs about his suit herein … the lot of ground in Louisville in and [bill?] described & the slave William therein named will be ordered to be sold to raise the sum with costs of sale”

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“Marshal’s Sale” broadside decreeing that on September 30, 1850, Lot No. 1 “beginning at the south west corner of Prather and Eleventh Cross Streets, thence southwardly with Eleventh Street 182 feet more or less to a 20 feet alley, thence westwardly with said ally 52 feet, thence at right angles northwardly 184 feet more or less to Prather Street, thence with Prather Street 52 feet to the beginning.”

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A full transcript of the case of Henry Parrish vs. William Cirode in the New Orleans Commercial Court is included here and was filed with the complainant’s original bill in July 1849.

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Answer of Thomas Shanks, filed September 21, 1849. “Thomas Shanks in answer to the Bill in this suit states that he hired for a year a Negro man named William, of the agent of Mrs. Cirode wife of William Cirode. This respt agreed to pay one hundred dollars per year for him. He paid $50 on said hire on the first day of July last and will owe the balance of $50 on the 25th day of December 1849. This respt does not know that said negro is the property of sd. William Cirode. This respt denies the statements of sd. Bill contrary to the statements in this answer. Having fully answered he prays to be dismissed with his costs &c.”

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Traverse, filed October 1849. Appears to include Henry Parrish as one of the people denying the complainant’s bill.

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Court summons of Thomas Shanks, William Cirode, and William Weatland [sp?].

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Decreement of sale, filed in April 1850. “The deft Wm. Cirode has not paid the sum decreed agt him, wherefore it is decreed & ordered that the marhsall of this court sell at public auction at the court house door in Louisville after advertising sd sale ten days by posting up notices thereof at the court house [illegible] market houses & post office in Louisville, the lot of ground & slave in the proceedings named. The sale to be on a [illegible] of four & six months with interest with interest from day of sale until paid, bonds with good security to be taken from the purchasers payable to …” But it’s suspended until the complainant enter the refunding bond that is photographed above.

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Amended Bill and Exhibit, filed in court on September 21, 1849, apparently by Henry Parish as a spokesman for defendant?

This compt. states that the only real estate of William Cirode remaining, after satisfying the decree of James C. Johnston against said Cirode &c in this court, is the lot described as No. 1 …. [gives boundaries already transcribed above in broadside of Marshal’s Sale].

Your orator states that said negro man William is still in the possession of Thomas Shanks in this city and was hired to him by the wife of said Wm. Cirode, at $100 per year $50 of which has been paid to her and the sum of $50 the balance will of all [end?] the 25 Decr 1849.

Your orator is advised that Henry Parish is a necessary party to this suit, inasmuch as the Judgment named in the original bill was in his name and the amount was paid to him by your orator as may be seen by the copy of said record filed heretofore, said Parish is a nonresident & now absent from the state. He is made a deft and process is prayed against him, that he may be required to answer the original & this amended Bill.

Your orator states that sd. Wm. Cirode purchased said lot NO. 1 of Thomas & wife a copy of the deed from them to him is herewith filed as part hereof.

Your orator prays that sd lot No. 1 & negro man William be attached and made subject by decree & sale to the payment of his said debt. ….

The document also suggests Roy is “absent from this state” and a non-resident.

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Bill and exhibits, filed July 6, 1849.

To the Honble S. S. Nicholas, Chancellor of the Louisville Chancery Court.

Your orator Pierre Roy states unto your honor, that Henry Parish brought suit in the Commercial Court of New Orleans in the State of Louisiana, against William Cirode, and recovered Judgment, from Which judgment said Cirode appealed up to the Supreme court of said State … that on the 24th day of January 1844 an execution was issued against the estate of said Cirode and no part of said debt was made, the said Cirode having left New Orleans and carried off all of his property. And on the 24 July 1844 your orator as security aforesaid paid said judgment for $1729.45 costs with 5 percent interest from th 20th day of December 1842 and $95.83 cents costs. A complete copy of th record of said suit is herewith filed as part of this Bill.

Your orator states that said William Cirode has absconded and left the United States of America, and if he has returned it is not known where he is. He is a non-resident of this state and now absent therefrom, and has not been in this state for more than five years.

Your orator states that said Cirode fraudulently ran off his slaves to this state, from the state of Louisiana, to avoid the payment of his debts and fraudulently conveyed his real estate, in the city of Louisville, to Wm. Weatland under a pretense of a mortgage thereof when in fact the mortgage he made to sd. Weathand [sp unclear] was an artifice to prevent the payment of his debts, and no consideration passed.

Your orator states that …

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A brief that says on the front that the clerk should send the papers in the case of Cirode vs. James C. Johnston, now off the docket, to the judge together with the papers in this case. Inside is included an attachment against Cirode for a debt paid by Roy because of the Louisiana judgment. “A Negro man and a piece of ground are attached.” The attachment further explains that “Cirode ran off from Louisiana and brought his slaves to this place. He left his wife & slaves here and went to Europe. Before he left New Orleans he made a conveyance to Wm. [Illegable Wheathead or Weatland again] of his real estate, see copy of decreement in suit of Johnston vs. Cirode &c.” Johnston had filed a bill alleging that the conveyance from Cirode of the real estate was fraudulent, and the court upheld that, clearing the way for the land to be attached. “The negro man was hired to Tho. Shanks and he will on the 25 Dec 1849 owe $. The papers of Johnston vs. Cirode &c are made a part of this cause. It is shown in that case, that Cirode ran off from New Orleans with his negroes.”

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Revised broadside for the Marshal’s Sale including the enslaved man William, dated July 3, 1850.