James Madison Papers

To James Madison from John S. Barbour, 29 May 1818

From John S. Barbour

Culpeper May 29th. 1818

Dear Sir

As an opportunity presents itself of writing you I embrace it to give you what information I possess relative to the Chancery Suit. Upon my arrival in Fredericksburg it was disclosed thro the papers filed in the cause that a recent Sale of the mortgaged premises had brought into existence new interests which it became necessary to protect, and upon a suggestion of that fact by the opposite counsel, the Chancellor permitted the Sub-tenants to put in answers so as to guard from encroachment whatever rights they have recently acquired. And a rule of practise which the courts of Chancery have adopted for their Government, is that no cause shall be set down for a final decree until the lapse of Six months after filing the answer. Thus a new delay is created in consequence of the change which could neither be foreseen or controuled. With a View however to assure you ultimate indemnity & to obviate any injury which might result from this procrastination, I moved of the court an order, injoining whatever rents the Sub tenants might now or hereafter owe, for your benefit, which order was instantly granted.1 Most Respectfully yrs

Jno: S. Barbour


1The court order restraining the payment of rent to Berkley Ward, purchaser of the land owned by John Strode and mortgaged by him in trust for a debt he owed JM, was issued on 1 May 1818 (Fredericksburg, Virginia, Circuit Court, Madison v. Strode, 1819, CR–SC–H, 188–14, folder 1).

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