Letitia vs. Greenberry Smith I

Soon after this auction, Letitia and her children relocated to Douglas County, Oregon. Although she had relocated, she continued her fight against Smith. Somehow, she became acquainted with Corvallis attorney Andrew Thayer, and in February 1854, Thayer filed suit against Smith on Letitia’s behalf. Letitia sought compensation from David Carson's estate for her seven years of service to him. She argued that if she was not David’s wife, then she must have been his employee, and was, therefore, due back wages in the amount of $3,750. She also alleged damages of $5,000, which was later reduced to $1,000.

In the court case that followed, both David’s nephew, Andrew J. Carson, and his illegitimate son, David Carson Jr., were subpoenaed to testify, along with several neighbors. In May 1855, the jury deliberated and returned their verdict. They had sided with Letitia. But while she won her case, she was only awarded $300 in damages plus $222.20 in court costs.

This document is a formal letter of complaint from Letitia Carson to Greenberry Smith, written by Letitia's lawyer. Letitia goes on to discuss David's agreement with her, stating that David intended to compensate her for her labor during the years she lived with him and that Letitia would be the sole heir of his property at the time of his death. On the second page (not pictured), Letitia informs Greenberry that she is owed money as she has sustained significant damages after David Carson's sudden death. The end of her letter provides Greenberry Smith with a summary of the payment Letitia is requesting: Damages on contract equaling $5,000.00, 7 years 5 months labor at $500.00 per year equaling $3,750.00, 29 head of Cattle at $50.00 per head equaling $1,450.00, and the use of 10 cows for 7 years equaling $1,000.00. 

Greenberry Smith Portrait

This is a drawing of Greenberry Smith, the administrator of David Carson's estate. It is from circa 1885.

Smith lived just a few properties away from the Carsons on a 642-acre claim stretched across the valley. In 1850, he inherited a large fortune following his brother’s death.

He quickly became notorious among poor farmers for his land-grabbing efforts, as he offered high-interest loans to struggling residents of Benton County. Eventually, Smith acquired twenty thousand acres of land, half a million dollars, and a reputation for tax evasion.

Once Smith was assigned administrator, he quickly seized the property from Letitia and her children, taking everything, including their clothes, housewares, livestock, and personal belongings.

June 6, 1855 Judgment in favor of Letitia Carson

This document was written by the United States to the sheriff of Benton County on June 6th, 1855, confirming the judgment in favor of Letitia Carson and requesting that funds be paid.

The language of the document is as follows: "These are therefore in the name of the United States to command you that you satisfy said judgment and costs and other costs that may accrue out of the personal property of said estate in the possession of Said Greenberry Smith, administrator." It is later signed by Jas H. Slater, clerk of the District Court of the Oregon Territory.