Skip to main content

From John Marshall

My dear Sir

I received your letter this morning & immediately went to the chancery office & examined the papers in the case of Davenport v Thompson. The case is misstated in the report. The bill was filed by J.D. senr & J.D. jr & states that a certain D.D. mortgaged a tract of land to W. Thompson & discharged the whole amount of the mortgage money. That he afterwards conveyed the land with other tracts to Lewis & Ross to pay debts due to them respectively. That this tract was sold publickly at Hanover court house under the power contained1 in the trust deed & that James Davenport Senr because the purchase that W.T. was present & did not allege any claim upon the land. That D. Davenport conveyed to the purchase. That W.T. afterwards brought his bill to foreclose in Hanover court and that D.D. wrote to the clerk admitting the whole <illegible> claimed in the bill to be due that the court entered up an order against D.D. but left the case open as to J.D. senr That afterwards in 1783 the court gave an absolute decree2 of foreclosure although J.D. had never answered under this decree the land was sold & J.D. jr because the purchase for £213.64 for which sum he gave his bond. J.D. Senr announced his title at the sale & refuses to give up the land. J.D. jr complains he cannot get title nor possession &c.

If you feel any farther difficulty in the case & will explain it to me I will with much pleasure endeavour to remove it; but I presume you will find none.

I congratulate on your prospect of a short term, though you will I suppose pay for it in the fall. Do not trust my certificate of stock to the mail. If you have not a secure hand keep it till I see you in February. I am dear Sir with much esteem & regard your

J. Marshall

Source Note

ALS, DLC: Marshall Papers. Marshall addressed the letter to BW at Mount Vernon. The letter was postmarked in Richmond on April 18th. BW endorsed the letter.

1. Marshall first wrote the word "conveyed" but crossed out the last half of the word to replace it with "contained."

2. After the word "decree" Marshall first wrote "against" but crossed it out.