James Madison Papers

To James Madison from John Strode Barbour, Sr., 30 June 1815

Richmond June 30th. 1815

Dear Sir.

Sometime past I received instructions from you to take measures for foreclosing the Mortgage given you by Mr. Strode. The tardiness of the County Court in Chancery Suits induced me to institute the Suit in the Fredericksbg. Chancery Court. The situation of the Country last fall influenced the Chancellor in common with the public Judicial body of this State, to transact no business pending the then existing difficulties and hence the procrastination in getting the decree to Sell. Mr. Strode has this spring disclosed to me that an adverse title to some portion of the Mortgaged tenement is recently set up, and as he thinks the whole Tract will but little more than discharge your debt Interest & Costs, I have determined (Should it meet your approbation), to include the claimants as Co-defendants, with the present Tenants in possession. This will at once remove every manner of difficulty, and present to the purchaser an unclouded title. As the necessity of this Course appeared to me so obvious I had at first resolved to adopt it without giving you any trouble upon the subject. But upon reflection I have deemed it my duty first to obtain the sanction of your approbation, this course being more consonant with established usage.

I shall remain here a week longer. May I hope to receive your instructions ere my departure! I Have the Honour to be with Very High Esteem Yr Mo: Ob St

Jn: S. Barbour

DLC: Papers of James Madison.

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