James Madison Papers
Documents filtered by: Author="Barbour, John S." AND Recipient="Madison, James" AND Period="post-Madison Presidency"
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https://founders.archives.gov/documents/Madison/04-01-02-0254

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

RC (DLC).

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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