Final Record Civil & State Circuit Court

1825 - 1826

Pages 1 - 43

Transcribed and authorized for use on this site by Milly Wright, August 2007.

Page 1

No. 1251
Hugh Erwin, Assignee vs John M Campbell ) Debt

 

David Hubbard agent for Hugh Erwin assignee of Robt. Johnston this day personally appeared before the undersigned Clerk of the Circuit Court of Lauderdale County and made oath that John Campbell stands justly indebted to said Erwin in the sum of Seventy dollars as appears from his note dated 12 January 1825 due two months after date and the said 
Plaintiff by his agent having sued out a writ against said Campbell & requiring him to be held to bail thereon doth further make oath that the same is not sued out for the purpose of vexing or harrassing said defendant. Sworn to & subscribed before me this 21st March 1825. D. Hubbard. Sworn to before me P Ward, Clk. Capias issued to wit.


The State of Alabama to the Sheriff of Lauderdale County Greeting.
You are hereby commanded to take the body of John M Campbell wherever he may be found in your county and him safely keep so that you have his body before the Judge of our next Circuit Court to be held for the County of Lauderdale at the Court house in the town of Florence on the first Monday after the fourth Monday in March instant to answer Hugh 
Erwin assignee of Robert Johnston of a plea that he render to him Seventy Dollars which he owes & from him detains to his damage fifty dollars. Herein fail not and have you this Writ at the Clerk’s office of said County three days previous to the first Monday after the fourth Monday in March instant. Witness Presley Ward Clerk of our said Court at office this 21 day of March 1825 and of American Independence the forth ninth year. Issued 21 day of March 1825. Test P Ward Clerk.

Cause of action to wit.


This action is founded on a promissory note made by the defendant on the 12th January 1825 payable two months after date to Robert Johnston for the sum of Seventy dollars said Johnston on the 15th January 1825 assigned said note to the Plaintiff for value rec’d. Bail is required for the amt. of the said note as pr. affidavit appears of the Plaintiffs attorney filed in Clerks office for said sum of $70.00. D. Hubbard P Q. Return. Thereon to wit came to hand 20th March 1825. Executed and delivered a coppy of the within to the defendant 28th March 1828. J N Baker Shff By his Deputy A. W. H. Clifton and with said Writ the sheriff returned the following Bail bond to wit.

Bail Bond
The State of Alabama Lauderdale County
Know all men by these presents that we John M Campbell and Joseph R King and W. W. Garrard are held and firmly bound unto Joseph N Baker Sheriff of Lauderdale County or his assignment in the joint and full sum of one hundred & forty dollars lawful money of the state to which payment well and truly to be made, we bind ourselves and each of our heirs firmly by these presents sealed with our seals and dated the 28th day of March 1825. The condition of the above obligation is such that the said Joseph R. King & W W. Garrard hath undertook in behalf of the said John M Campbell to be his special bail in an action now instituted in the Circuit Court of said County of Lauderdale wherein Hugh Erwin assignee 
is Plaintiff and John M Campbell defendant and in case said John M Campbell should be cast in the action he shall pay and satisfy the condemnation of said Court or surrender his body in Custody of the Sheriff of said County or that the said Joseph R. King & Wm W Garrard will do it for him. Given under our hands and seals this day and date above written J. M. Campbell (Seal) Joseph R King (Seal) W W Garrard (Seal). Assignment to wit.


I, Joseph N Baker Sheriff of the County of Lauderdale do hereby assign the within obligation and condition to Hugh Erwin assignee etc. his Executors and administrators to be sued for according to the statute in such cases made and provided. In witness whereof I have hereunto set my hand and seal this 28th day of March in the year of our Lord 1825. J N 
Baker Shff (Seal) By his deputy A W H Clifton. And at the April term of said Court and being the fifteenth day of April 
1825. On motion It is ordered that the time for pleading be extended and that sixty days from the rise of this court be allowed plaintiffs to file declarations in all cases returnable to the present term and thirty days thereafter to defendants to plead etc. And the Plaintiff by his attorney on the Second day of June 1825 filed his Declaration as follows to wit.

 

The State of Alabama Lauderdale County Circuit Court April term for 1825. Hugh Erwin assignee of Robert Johnston by attorney complains of John M Campbell in custody etc. of a plea that he render to him seventy dollars which to him he owes & from him detains etc. For that said defendant on the 12th day of January 1825 at in the County of Lauderdale aforesaid made his promissory note of that date signed with his name (by the description of J. M. Campbell) and here shewn to the Court wherein he promised two months after the date thereof to pay Robert Johnston Seventy dollars for value recd of him and afterwards to wit. on the 15th January 1825 the said Robert Johnston by the description of Robt. 
Johnston assigned said promissory note to the plaintiff for value received of which said defendant had notice by means whereof the said defendant became liable to pay said Plaintiff said sum of money yet said defendant although often requested hath not as yet paid said Plaintiff said sum of money or any part hereof nor did he pay the same to said 
Robert Johnston before notice of the said assignment, but the same to the said plaintiff to pay he the said defendant hath failed & refused & still refuses to the plaintiffs damage fifty dollars wherefore the plaintiff sues. D. Hubbard. P. Q.

And on the 19th day of September 1825 the defendant by attorney filed his plea as follows to wit. John M Campbell adj Hugh Erwin assignee. And now said defendant by his attorney comes & defends the wrong and injury when etc. and says artis nont. because he says that he doth owe the said sum of money above demanded or any part thereof in manner and form as the said plaintiff hath above complained against him & of this he puts himself upon the country etc. . Coalter & Irvine Pro deft. And there is endorsed on the trial Docket of said Court the following. And now said plaintiff by attorney signs Judgment for the defendants failure to plead or demur to Plff said declaration 2nd Sept. 1825. D. Hubbard P.Q.

And said cause was continued till this term to wit. the April term and being the thirteenth day of April 1826. Comes the parties by attorney and the defendant withdraws his plea by him heretofore pleaded & saying nothing in bar or preclusion of the plaintiffs action It is therefore considered by the Court that the plaintiff recover of the defendant 
Seventy dollars the debt in the Plff declaration mentioned & the sum of six dollars damage sustained by reason of the detention of said debt besides his costs about his suit in this behalf expended.

Page 6

No. 1239
James L Armstrong, Assignee vs George W Campbell, John M Campbell ) Debt

The State of Alabama Lauderdale
This day personally appeared before me Presley Ward Clerk of the Circuit Court of said County and makes oath that George W Campbell and John M Campbell is justly indebted to James L Armstrong in the sum of sixty dollars due by their note of hand dated 19th October 1824 and due one month after date to Thomas H Alsup & there being a writ issued this day against said George W Campbell & John M Campbell in favor of said James L Armstrong, David Hubbard, attorney for said Armstrong doth require that the said defendants be holden to bail and the said David Hubbard maketh oath that he does not require such bail for the purpose of vexing or harrassing said defendants. Sworn to & subscribed before me this 28th March in the year 1825. Thos. McDonald, David Hubbard atto. for Jas L Armstrong. Test P. Ward Clk. Capias to wit.

 

The State of Alabama To the Sheriff of Lauderdale County Greeting You are hereby commanded to take the bodies of George W Campbell and John M Campbell wherever they may be found in your county and them safely keep so that you have their bodies before the Judge for next Circuit Court to be held for the county of Lauderdale at the Court house in the town of Florence on the first Monday after the fourth Monday in March instant. To answer James L Armstrong assignee of Thomas McDonald who is assignee of Thomas H Allsup of a plea that they render to him Sixty dollars which to him they owe and from him detain to his damage one hundred dollars. Herein fail not and have you this Writ at the Clerk’s office of said county three days previous to the 1st Monday after the fourth Monday in March instant. Witness Presley Ward Clerk of our said Court at office this 28th day of March 1825. and of American Independence the forty ninth year. Issued 28th day of March 1825. Test P Ward Clerk. Cause of Action to wit.


This action is founded on the within defendants writing obligatory dated the 19th October 1824 payable one month after date to Thomas H Alsup for sixty dollars said sum is due and unpaid Bail required for sixty dollars as pr. affidavit. Filed with the Clerk D. Hubbard P. Q. upon which is the following return to wit. 

 

Came to hand 28th March 1825. Executed on George W. Campbell same day by delivering him a copy of the within Writ. Executed on John M Campbell 29th day March 1825 by delivering him a copy of the within Writ. J N Baker Shff. By his Deputy N. Holland? Hellon? And with said Writ the Sheriff of Lauderdale County made return of the following bail bond to wit. The State of Alabama Lauderdale County. Know all men by these presents that we George M Campbell and Wm W Garrard are held and firmly bound unto Joseph N Baker Sheriff of Lauderdale County or his assignment in the joint and full sum of one hundred and twenty dollars lawful money of the state to which payment well and truly to be made we bind ourselves and each of our heirs family by these presents. Sealed with our seals and dated the 28th day of March 1825. The consideration of the above obligation is such that the said W. W. Garrard hath undertook in behalf of the said George W Campbell to be his special bail in an action now instituted in the Circuit Court of said County of Lauderdale wherein Jas L. Armstrong assignee is plaintiff and G. W. Campbell & John Campbell defendants and in case said G. W. 
Campbell & J M Campbell should be cast in the action, they shall pay and satisfy the condemnation of the court or surrender his body in custody of the Sheriff of said County or that the said Wm. W. Garrard will do it for him. Given under our hands and seals this day and date above written. G. W. Campbell (Seal) W. W. Garrard (Seal). Assignment to wit.

 

I Joseph N Baker Sheriff of the County of Lauderdale do hereby assign the within obligation and condition to Jas L. Armstrong assignee his Executors and Administrators to be sued for according to the statute in such cases made and provided. In witness whereof I have hereunto set my hand and seal this 28th day of March in the year of our Lord 1825. J N Baker Shff (Seal) by his Deputy N H Marks. John M Campbell bail bond to wit.

 

The State of Alabama Lauderdale County 
Know all men by these presents that we John M Campbell and Wm W Garrard are held and firmly bound unto Joseph N Baker Sheriff of Lauderdale County or his assignment in the joint and full sum of one hundred and twenty dollars lawful money of the state to which payment well and truly to be made we bind ourselves and each of our heirs firmly by these 
presents. Sealed with our seals and dated the 29th day of March 1825. The condition of the above obligation is such that the said W. W. Garrard hath undertook in behalf of the said John M Campbell to be his special bail in an action now instituted in the Circuit Court of said County of Lauderdale wherein Jas L Armstrong assignee is plaintiff and G. W. Campbell & J M Campbell defendants, and in case said G. W. Campbell & J N Campbell should be cast in the action they shall pay and satisfy the condemnation of the court or surrender his body in custody of the sheriff of said county or that the said Wm. W. Garrard will do it for him. Given under our hand and seals this day and date above written. J M Campbell (Seal) W W Garrard (Seal)

Upon which is the following assignment to wit. I Joseph N Baker Sheriff of the county of Lauderdale do hereby assign the within obligation and condition to Jas L Armstrong, assignee, his executors and administrators to be sued for according to the statute in such cases made and provided. In witness whereof I have hereunto set my hand and seal this 29th day of March in the year of our Lord 1825. J. N. Baker Shff (Seal) By his Deputy N. H. Marks

Page 11


And at the April term of said court and being the fifteenth day of April 1825 on motion It is ordered that the time for pleading be extended and that sixty days from the rise of this court be allowed plaintiffs to file declarations in all cases returnable to the present term and thirty days thereafter to defendants to plead etc. Declaration to wit.

 

The State of Alabama Lauderdale County. Circuit Court. April term 1825.
James L Armstrong assignee of Thomas McDonald assignee Thomas H Alsup by attorney complains of George W Campbell & John M Campbell in custody etc. of a plea that they render to him sixty dollars which to him he owes & from him detains etc. For that said defendants on the 19th of October 1824 in the county aforesaid made their writing obligatory of that date sealed with their seals & here shewn to the court wherein they promised one month after the date thereof to pay Thos. H. Alsup sixty dollars & afterwards on the __ day of __ the said Thos H Alsup assigned said writing obligatory to Thomas McDonald who on the 25th March 1825 assigned the same to the plf.. of which said defendants had notice by means whereof the said defendants became bound to pay said plaintiff said sum of Sixty dollars. Yet said defendants, although often requested have not nor hath either of them paid said plaintiff said sum of money or any part thereof or have they or either of them paid the same to the said Alsup or to the said McDonald before notice of said assignment to said plaintiff but said sum to said plaintiff to pay they the said defendants & each of them have & hath at all times failed refused & now still refuse whereby the said plaintiff says he is greatly injured & hath sustained damage to wit. damage to the amount of one hundred dollars on amount whereof the said plaintiff brings his suit. D Hubbard 
P. Q. And on the said Docket of said Court is the following Judgment to wit. 


Judgment signed for want of a plea or Demurer to Plffs declaration 15th Sept. 1825. D. Hubbard P. Q. And on the 19th Septr 1825 the Defendants filed their plea as follows to wit. George W & John M Campbell adj. James L. Armstrong. And now aid defendants by attorney come & defend the wrong & injury when etc. & says that the said Plaintiff his action foresaid to have & maintain ought not because they say that after the 19th day of November 1824. to wit the day on which said writing obligatory mentioned became due & payable and before the commencement of this suit to wit. on the __ day of __ at to wit in the county aforesaid they the said defendants paid said sum of money above demanded together with all interest then due thereon according to the tenor & effect of said writing obligatory and this they are ready to verify wherefore they pray Judgment , etc. Coalter & Irvine for Defts. Bail bond to wit.


The State of Alabama Lauderdale County
Know all men by these presents that we G W Campbell & Hugh Campbell are held and firmly bound unto M. Harkins Sheriff of Lauderdale County or his assignment in the joint and full sum of one hundred & twenty dollars, lawful money of the state to which payment well and truly to be made we bind ourselves and each of our heirs firmly by these presents sealed with out seals and dated the 8 day of April 1826. The condition of the above obligation is such that the said Hugh Campbell hath undertook in behalf of the said G W Campbell to be his special bail in an action now instituted in the Circuit Court of said County of Lauderdale wherein James L Armstrong assignee is plaintiff and G. W. Campbell defendant and in case said G W Campbell should be cast in the action. he shall pay and satisfy the condemnation of the court, or surrender his body in custody of the sheriff of said county or that the said Hugh Campbell will do it for him. Given under our hands and seals this day and date above written. G. W. Campbell (Seal) H. Campbell (Seal)

Assignment to wit. I Martin Harkins Shff of Lauderdale County do hereby assign the within obligation & condition to Jas L Armstrong ass. his Executors, Administrators to be sued for according to the Statute in such cases “maid” and provided. In witness whereof I have hereunto set my hand & Seal this 8 April 1826. M. Harkins Shff of Lauderdale County. And said 
cause continued till this term to wit the April term 1826 being the thirteenth day of April 1826. Came the parties by attorney & the defendants withdrawing their plea by them heretofore pleaded & remaining undefended It is therefore considered by the Court that the plaintiff recover of the defendants the sum of sixty dollars the debt in the plaintiffs declaration mentioned & the sum of seven dollars and twenty cents damage sustained by reason of the detention of said debt besides his costs about his suit in this behalf expended.

Page 15

No. 1309
Thomas L Kelly vs John W Byrn ) Debt

The State of Alabama To the Sheriff of Lauderdale County. Greeting. You are hereby commanded to take the body of John W Byrn wherever he may be found in your county, and him safely keep so that you have his body before the Judge of our next Circuit Court to be held for the County of Lauderdale at the Court house in the town of Florence on the 1st Monday 
after the fourth Monday in September next to answer Thomas L Kelly of a plea that he render to him the sum of Seventy dollars which to him he owes and from him unjustly detains to his damage one hundred dollars. Herein fail not and have you this Writ. at the Clerk’s office of said County three days previous to the 1st Monday after the fourth Monday in September next. Witness Presley Ward Clerk of our said Court at office this 22nd day of July 1825 and of American Independence the 50th year. Issued 22nd day of July 1825. Test. P. Ward Clerk. Cause of action to wit.


This action is brought to recover of the defendant the amount of a promissory note executed by the defendant to the plaintiff for the sum Seventy dollars, due one day after the date thereof and dated 18th August 1822. No Bail required. B W Edwards Pro. Plff. Return to wit.


Came to hand 22nd July 1825. Executed on J W Byrne and delivered him a copy of the within August 29th 1825. M. Harkins Shff. And the plaintiff by attorney filed his Declaration in the following words & figures to wit. The State of Alabama Lauderdale County) Circuit Court. Sept. term 1825 to wit. Thomas L Kelly by attorney complains of John W Byrn in custody etc. of a plea that he render to him the sum of seventy dollars which to him he owes and from him unjustly detains.

 

Page 16


For that whereas heretofore to wit on the 18th day of August 1822 at the county aforesaid, the said defendant by his certain promissory note in writing (and which is now here to the Court shown promised to pay the said plaintiff under the name and description of Thos. L Kelly the sum of seventy dollars one day after the date thereof and bearing date the 
day and year aforesaid for value rec’d yet the said defendant although often requested so to do hath not as yet paid said sum of money above demanded or any part thereof but he to do this hath wholly refused and still doth refuse so to do to the plaintiffs damage one hundred dollars and therefore he sues. B W Edwards Pro Plff. And the defendant by attorney filed his plea in the following words objures to wit. on the 4th day of March 1826. And now said John W Byrn the above named defendant by Wm B Martin his attorney comes & defends the wrong and injury where etc. & says he doth not owe the __ to the said Plaintiff the debt in the Plaintiffs declaration mentioned or any part thereof in manner or form as the said Plaintiff hath above thereof complained against him & of this said defendant puts himself upon the country etc.. Wm B & P. Martin Atto. for Deft. Replication & issue B W Edwards Pro Plff.

Page 17

And at the April term of said Court and being the thirteenth day of April 1826 came the parties by their attornies and thereupon came a Jury of good and lawful men to wit.

Reuben White
Larkin Hendrix
Josiah Thornton
William Hickman
Uriah Nanney
Charles L Crow
Lewis Edwards
Deskin D Munroe
Zebulon Jenkins
Moses Wright
William Winborn
James Gordon

who being duly elected tried and sworn to try the issue joined upon their oath do say that they find the issue in favour of the plaintiff & find that the defendant doth owe the sd plaintiff the sum of seventy dollars the debt in the declaration mentioned and assess the plaintiffs damages for the detention of said debt to twenty dollars. It is therefore considered by the Court that the Plaintiff recover against the defendant the said sum of seventy dollars debt and twenty dollars the damages assessed by the Jury as above __ also his costs in this behalf expended.

Page 18

No. 1319
Lowe & Manning vs Edward B Brown ) Case

State of Alabama
Lauderdale County

“Wm B. Martin the Plaintiffs attorney in the above case makes oath that by the promissory note of the above named Brown and the endorsements thereon that the said Brown appears to be indebted to said Plaintiffs in the sum of one hundred & twelve dollars & fifty cents & that he said Martin doth believe the same is due & unpaid & further maketh oath that said Bail is not required for the purpose of vexing or harrassing said Brown or other improper motive. Wm B. Martin atto. for Plff 17th Septr 1825. Sworn to & Subscribed by me Saml. Harkins a Justice of the Peace for Lauderdale County 17th Septr. 1825. Attest. Saml. Harkins J P. Capias issued to wit.


The State of Alabama to the Sheriff of Lauderdale County Greeting You are hereby commanded to take the body of Edward B Brown wherever he may be found in your county and him safely keep, so that you have his body before the Judge of our next Circuit Court to be held for the county of Lauderdale at the Court house in the town of Florence on the 
1st Monday after the fourth Monday in September instant to answer Bartley M Lowe & Robert J Manning merchants & partners trading under the firm & style of Lowe & Manning of a plea of trespass on the case to their damages two hundred & twenty five dollars & herein fail not and have you this writ at the Clerks office of said county three days 
previous to the 1st Monday after the fourth Monday in September instant. Witness Presley Ward Clerk of our said Court at office this 17th day of September 1825. Test P Ward Clerk upon which in the following course of action to wit.

This action of Assumpsit is brought by the within plaintiffs on a promissory note made by the within named Brown (the defendant) & payable to one William Renick on or before the 25th day of Decr. next after the date thereof & dated 20th January 1825 for the sum of $112.50 in current bank notes & indorsed by said Renick to one James Peters? and by said 
Peters to the said Plaintiffs the whole of which is due & unpaid. Bail required in the sum of $112.50 as per affidavit filed in Clerks office Wm. B & P. Martin attos. for plffs. Return to wit came to hand Sept. 18th 1825. Executed and a copy left with the within defendant Sept. 20th 1825. M Harkins Shff.

Bail bond to wit. The state of Alabama Lauderdale County know all men by these presents that we Edward B Brown & James Knight & Dudley Brown are held and firmly bound unto M. Harkins Sheriff of Lauderdale County or his assignment in the just and full sum of one hundred & twelve dollars 50/100 ct lawful money of the state to which payment well and truly to be made, we bind ourselves and each of our heirs firmly by these presents sealed with our seals and dated the 20th day of Sept. 1825. The condition of the above obligation is such that the said James Knight & Dudley Brown hath undertook in behalf of the said Edward B Brown to be his special bail in an action now instituted in the Circuit Court of 
said county of Lauderdale wherein Lowe & Manning is plaintiff and Edward B Brown is defendant and in case said Edward B Brown should be cast. in the action shall pay and satisfy the condemnation of the Court, or surrender his body in custody of the sheriff of said county or that the said James Knight & Dudley Brown will do it for him. Given under our 
hands and seals this day and date above written. Edward B Brown (Seal) James Knight (Seal Dudley Brown (Seal) upon which is the following assignment to wit.

I Martin Harkins Sheriff of Lauderdale County, do hereby assign the within obligation and condition to Lowe & Manning their heirs, executors & administrators to be sued for agreeable to the state in such cases made & provided. In witness whereof I have hereunto set my hand & seal this 28th day Sept 1825. M. Harkins Shff Lauderdale County. And on the eighth day of February 1826 the plaintiff by attorney filed his Declaration as follows to wit.

 

The State of Alabama Lauderdale County Circuit Court 
October term 1825. Bartley M Lowe & Robert J Manning Merchants & partners trading under the firm & style of Lowe & Manning by their attorney complain of Edward B Brown defendant in custody of the sheriff etc. of a plea of trespass on the case. For that whereas said defendant on the 20th day of January 1824 at to wit. heretofore to wit. in the County of Lauderdale aforesaid made his certain promissory note in writing of that date, subscribed with his own name & which is now to the court shewn, wherein & whereby he promised on or before the 25th day of December next after said date to pay unto one William Renick by the description of Wm. Renick one hundred & twelve dollars & fifty cents for value received to be paid in current bank notes & then & there delivered said note to said Renick and whereas afterwards to wit on the 27th day of January 1824 at to wit. in the county aforesaid the said Renick indorsed assigned & delivered said note to one James Peters & thereby then & there ordered & appointed the sum in said note specified to be paid to said Peters for value received and whereas afterwards to wit on the 18th day of February 1824 at (to wit.) in the county aforesaid & before said sum or any part thereof had been or was paid by said defendant to said Renick or to said Titus the said Titus ordered assigned & delivered said note to said plaintiffs & thereby then & there ordered & appointed the said sum in said note specified according to the tenor & effect thereof to be paid to said plaintiffs for value recd of which several promises said defendant on the day & year last aforesaid had notice by means whereof & by force of the statutes in such cases made & provided said defendant hath become liable to pay to the said plaintiffs said sum of one hundred & twelve dollars & fifty cents in current bank notes according to the tenor & effect of said promissory note & of the indorsements made thereon as aforesaid & being so liable he the said defendant afterwards to wit. on the day & year last aforesaid at to wit in the county aforesaid in consideration thereof undertook & then & there faithfully promised said 
plaintiffs to pay them said sum in current bank notes according to the tenor & effect of said promissory note yet said defendant altho often requested so to do hath not as yet paid to said Plaintiffs said sum in current bank notes or in any other way or manner howsoever but to pay the same or any part thereof in current bank notes or in any other way or manner howsoever to said plaintiffs the said defendant hath at all times hitherto wholly failed & refused & still refuses to the damages of said plaintiffs two hundred & twenty five dollars & therefore they sue etc. Wm B & P Martin attos. for plffs 

And said cause continued till this term to wit the April term and being the thirteenth day of April 1826 Came the plaintiffs by their attorney and the defendant not appearing to defendant (sic) this suit. It is therefore considered by the court that the plaintiff ought to recover & as it is unknown to the court the amount of damages came a Jury of good & lawful men to wit.

Page 23

Reuben White
Larkin Hendrix
Josiah Thornton
William Hickman
Deskin D. Munroe
Uriah Nanney
Charles L Crow
Lewis Edwards
Benjamin Haygood
Zebulon Jenkins
Moses Wright
William Winborn

who being duly elected, tried & worn to enquire of the damages in this case upon their oath do say that they assess the plaintiffs damages to one hundred & fourteen dollars. It is therefore considered by the court that the plaintiff recover against said defendant the damages assessed by the Jury as aforesaid. Also their costs in this behalf expended.

Page 24

No. 1205
Jonathan Beckwith Admr vs Henry J Hawkins & Caleb Hawkins ) Debt

The State of Alabama
To the Sheriff at Lauderdale County Greeting You are hereby commanded to take the body of Henry J Hawkins & Caleb Hawkins wherever they may be found in your county and them safely keep so that you have their bodies before the Judge of our next Circuit Court to be held for the County of Lauderdale at the Court House in the town of Florence on the first Monday after the fourth Monday in March next to answer Jonathan Beckwith Administrator of the Estate of Lucy Winston deceased of a plea that they render to him one hundred dollars which from him they detain to his damage fifty dollars. Herein fail not and have you this Writ at the Clerks office of said County three days previous to the first Monday 
after the fourth Monday in March next. Witness Presley Ward Clerk of our said Court at office this 19th day of February 1825. and of American Independence the forty ninth year. Issued 19th day of February 1825. Test P Ward Clerk. Cause of action to wit.


This action is founded on the within defendants promissory note payable to the said Lucy Winston within named in her lifetime for the sum of one hundred dollars due the 1st day of January 1823 which said sum is due & unpaid no bail required. D Hubbard atto for the plf. Return thereon to wit. Came to hand 19th February 1825. Executed on C. Hawkins one of the defendants by delivering him a copy of the within Writ 19th February 1825. Executed on H. J. Hawkins by delivering him a copy of the within Febry 23rd 1825. J N Baker Shff By his Deputy N H Marks. And at the April term of said Court and being the fifteenth day of April 1825 on motion it is ordered that the time for pleading be extended and that sixty days from the time of this court be allowed plaintiff to file declarations in all cases returnable to the present term and thirty days thereafter to defendants to plead. The plaintiff by attorney filed his declaration on the second day of June 1825 in the words & figures following to wit. The State of Alabama Circuit Court for Lauderdale County April term 1825. Jonathan Beckwith Administrator of the estate of Lucy Winston deceased by Attorney complains of Henry J Hawkins and Caleb Hawkins in custody etc. of a plea that they render to him one hundred dollars which from him they detain etc.. For that said defendants before the 1st January 1823 in the lifetime of the said Lucy Winston in the County aforesaid made their 
promissory note in writing without any date thereto which is here shown to the court & then & there delivered said note wherein they promised on or before the first day of January 1823 to pay to said Lucy Winston on order the sum of one hundred dollars for the hire of a negroe man called Spotswood, yet said defendants although often requested did not pay said Lucy Winston during her lifetime said sum of one hundred dollars or any part thereof nor have they paid the same to the plaintiff, administrator as aforesaid since the death of said Lucy Winston but the same to pay to said Lucy Winston in her lifetime the said defendants have failed & refused or to the said plaintiff administrator as aforesaid since the death of said Lucy Winston they have entirely failed & refused & still refuse to the Plaintiffs damage as administrator as aforesaid fifty dollars wherefore he sues. D Hubbard P. Q. And on the trial Docket of said court is the following to wit Judgment signed for want of a plea on Demurer 15th Sept. 1825 . D Hubbard P. Q. Plea payment with? And said cause was continued till this term to wit. 


The April term and being the thirteenth day of April 1826. Came the parties by attorney & the defendants withdrawing their plea by them heretofore pleaded & say nothing further in bar of the plffs action. It is therefore considered by the Court that the Plaintiff recover of the defendants the sum of one hundred dollars, the debt in his declaration mentioned and the further sum of twenty six dollars and thirty two cents damages sustained by reason of the detention of said debt besides his costs about his suit in this behalf.

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No. 1216
John Simpson & Co. vs Samuel Bryant ) Covenant

The State of Alabama
To the Sheriff of Lauderdale County Greeting. You are hereby commanded to take the body of Samuel Bryant wherever he may be found in your county and him safely keep so that you have his body before the Judge of our next Circuit Court to be held for the county of Lauderdale at the Court house in the town of Florence on the 1st Monday after the fourth Monday in March next to answer John Simpson, Thomas Simpson and Alexander McFadden, Merchants and Partners trading under the firm of Jno Simpson & Co of a plea of covenant broken to their damages two hundred dollars. Herein fail not and have you this Writ at the Clerk’s office of said county, three days previous to the 1st Monday after the fourth Monday in March next. Witness Presley Ward Clerk of our said Court at office this 23rd day of February 1825. and of American Independence the forty ninth year. Issued 23rd day of February 1825. Test P. Ward, Clerk.

Cause of action to wit. This action of Covenant is brought to recover damages on account of the defendant having failed to pay to the plaintiffs the amount of his sd defendants writing under seal to the sd plaintiffs dated 26th July 1824 & payable on or before the 1st day of January 1825 the amount of a note of hand under seal given by him to Godfrey F Huber for seventy four dollars fifty six cents together with costs of suit and interest from the date thereof. No Bail required. P. Ward Clk. Upon which is the following return to wit.

 

Came to hand 23’d February 1825. Executed 26 Febry by delivering him a copy of the within Writ. “J N Baker Sheff By his Deputy D. W. McKee At the April term of said Court and being the fifteenth day of April 1825. On motion it is ordered that the time for pleading be extended and that sixty days from the rise of this court be allowed plaintiffs to file declarations in all cases returnable to the present term and thirty days thereafter to defendants to plead etc. And on the fifth day of July 1825 the plaintiffs by attorney filed their declaration in the following words & figures to wit.

 

State of Alabama Lauderdale County ) SS? of the term of March of the fourth Circuit of Lauderdale Circuit Court in the year one thousand eight hundred & twenty five John Simpson Thomas Simpson & Alexander McFadden being partners and joint dealers together in trade and commerce under the name style and firm of John Simpson and Company plaintiffs in this suit complain of Samuel Bryant defendant in this suit being in custody etc. of a plea of breach of covenant. For that whereas the said Samuel on the twenty sixty day of July in the year of one thousand eight hundred and twenty four at the county aforesaid by his writing obligatory sealed with his seal which said writing obligatory the said plaintiffs now bring here into court the date whereof is on the day and year aforesaid did covenant promise and agree to and with the said plaintiffs by the name and style of John Simpson & Company they being the joint dealers in trade and commerce 
under that name style and firm that he the said Samuel would on or before the first day of January in the year one thousand eight hundred and twenty five pay to said Plaintiffs by the name style and description of John Simpson and Company they being such partners as aforesaid under the firm aforesaid the amount of a note of hand under seal given by the said Samuel to one Godfrey F Huber for seventy four dollars and fifty six cents together with costs of suit thereon and interest from the date thereof. And the said plaintiffs in fact say that the said Samuel did not on or before the first day of January in the year one thousand eight hundred and twenty five pay to the said plaintiffs or either of them the amount of the said note of hand under seal given by the said Samuel to the said Godfrey F Huber for seventy four dollars and fifty six cents together with the costs of suit thereon and interest from the date thereof or any part or parcel thereof nor hath he as yet paid to the said plaintiffs the amount of the said note nor the said costs of suit thereon nor the 
interest from the date thereof or any part and parcel thereof. And so the said plaintiffs in fact say that the said Samuel his covenant aforesaid with the said plaintiffs hath not held but broken and the same with him to hold hath refused and still doth refuse whereupon the said plaintiffs say they are worse? and have damage to the amount of two hundred dollars. Harris & Dawson Att for Plfs. And the defendant by his attorneys filed his demurer as follows to wit. Saml Bryant adj John Simpson & Co. And now said defendant comes & defends the wrong & injury when etc. and craves oyer of the covenant or writing obligatory in the declaration mentioned and of which profert is made which is read to him in the words & figures following to wit. On or before the 1st day of January 1825 I promise to pay to John Simpson and Company the amount of a note of hand under seal given by me to George F Huber for Seventy four dollars fifty six cents together with costs of suit and interest from the date thereof. In testimony whereof witness my hand & seal this 26th day of July 1824. Saml. Bryant. Which being read & heard said defendant says that the said declaration and the matters therein contained in manner & form as the same are above stated & set forth are not sufficient for the said plaintiff to have or 
maintain there (sic) aforesaid action thereof against him, said defendant, and that he is not bound by the Law of the land to answer the same & this he is ready to verify wherefore for want of a sufficient declaration in this behalf said defendant prays Judgment and that the plaintiffs may be barred etc. Coalter & Irvine attos. 

 

Joinder in Demurer Dawson Atty Pro Q. And said cause was continued till this term to wit the April term and being the thirteenth day of April 1826 came the parties by their attornies & the defendants Demurer to the Plaintiffs declaration being argued it is considered by the Court that the same be overuled & said Plaintiffs suggests the death of Alexander McFadden one of the Plaintiffs & on motion it is ordered by the court that this suit be revived in the name of John & Thomas Simpson surviving partners who came by attorney & the defendant saying nothing in bar or preclusion of the 
plaintiffs said action against him. It is therefore considered by the Court that said Plaintiffs recover damages of said defendant of which damages the Court being unadvised, Came a Jury of good & lawfull men to wit.

Page 32

William Noel
Redding Womble
Robert Mitchell
Phillip Wilks
Daniel Brice
Hugh B King
Davis Ellis
Abner Rose Jr.
James Foster
Goodwin Taylor
Chapple G Chandler
James A McMahon

who being duly elected tried & sworn to enquire of damages in this behalf upon their oath do say that they assess the plaintiffs damages to Eighty nine dollars 13 cents. It is therefore considered by the Court that the plaintiff recover against said defendant the damages aforesaid & the costs in this behalf.

 


Page 32

No. 1095
David Boshart assignee vs George Evins (Evans) ) Debt

The State of Alabama Lauderdale County

This day came David Boshart and makes oath that George Evins is justly indebted to him the sum of Eighty dollars with interest from the 25th day of December 1819 til paid. Said sum is due to him by the promissory note of hand of John Widner to said George Evins dated the 9th day of September 1819 and payable on or before the 25th day of December next (thereafter) said note is assigned to the said Plaintiff by sd. Evins on the 9th day of September 1819. Bail is required by the plaintiff to secure his debt but not to vex or harrass said defendant. David Boshart, Sworn to & subscribed this 20th Sept 1824 P. Ward Clk of Lauderdale Circuit Court. And thereupon issued the following capias to wit.

 

The State of Alabama. To the Sheriff of Lauderdale County Greeting. You are hereby commanded to take the body of George Evins wherever he may be found in your county and him safely keep so that you have his body before the Judge of our next Circuit Court to be holden for said county at the court house in the town of Florence on the 1st Monday 
after the 4th Monday in September instant to answer David Boshart of a plea of trespass on the case to his damage one hundred & sixty dollars. Herein fail not and have you this Writ at the office of the Clerk of said Court three days previous to the 1st Monday after the 4th Monday in September instant. Witness Presley Ward esq. Clerk of our said court at 
office the 20th day of September 1824 and of American Independence the forty ninth year. Test P Ward Clk. Issued 20th day of September 1824. Cause of action to wit.


This is an action brought to recover of George Evins the sum of Eighty dollars with interest from the 25th December 1819 as assignor of a note of hand given by John Widner to said Evins made payable on or before the twenty fifty day of December 1819 for the sum of Eighty dollars and indorsed by said Evins to said Plaintiff binding himself as Security on 
the 9th September 1819. the whole of which appears due and unpaid. Bail required and affidavit filed in Clerk’s office. Withers & McVay attos for plf. Return to wit.


Came to hand Septr 20th 1824. Executed Sept. 21st 1824 by delivering the defendant a copy. J N Baker Shff By his Deputy A W H Clifton. And at the October term of said Court and being the sixteenth day of October 1824. Ordered by the Court that sixty days after the rise of this Court be allowed plaintiffs to file their declarations and thirty days thereafter for Defendants to file pleas etc. and with said Writ the Sheriff returned the following Bail bond to wit. The State of Alabama 
Lauderdale County. Know all men by these presents that we George Evins Alfred Evins & Samuel Evins are held and firmly bound unto Joseph N Baker Sheriff of Lauderdale County or his assignment in the joint and full sum of one hundred & sixty dollars lawful money of the state to which payment well and truly to be made we bind ourselves and each of 
our heirs firmly by these presents, Sealed with our seals and dated the 21st day of September 1824. The condition of the above obligation is such that the said Alfred Evins & Saml Evans hath undertook in behalf of the said George Evans to be his special bail in action now instituted in the Circuit Court of said County of Lauderdale wherein David Boshart 
assignee is plaintiff and George Evans is defendant, and in case said George Evans should be cast in the action he shall pay and satisfy the condemnation of the court, or surrender his body in custody of the sheriff of said county or that the said Alfred Evans & Saml Evans will do it for him. Given under our hands and seals this day and date above written. George Evans (his mark) (Seal) Alfred Evans (his mark) (Seal) Saml Evans (his mark) (Seal) upon which is the following assignment to wit.

I Joseph N Baker Sheriff of Lauderdale County do hereby assign the within obligation & condition to David Boshart assignee his executors & administrators etc. to be sued for agreeable to the statute in such cases made & provided. In witness whereof I have hereunto set my hand and seal 29th Sept. 1824. J N Baker Shff *Seal( By his Deputy A W H Clifton.

Declaration to wit.


The State of Alabama Lauderdale County) Circuit Court. September Term 1824. David Boshart by his attorney complains of George Evins in custody etc. of a plea of trespass on the case for that John Widner heretofore to wit on the 9th day of September 1819 at to wit in the county aforesaid made his certain promissory note in writing of that date with the word (Seal) (annexed to it) now here shewn to the court and then and there delivered the said writing to the said defendant by which said writing the said John Widner promised on or before the twenty fifty day of December thereafter to pay said defendant the sum of Eighty dollars for value received and the said defendant to whom the said writing or promissory 
note was made payable afterwards but before the payment thereof by the said John Widner to wit on the 9th day of September 1819 at to wit in the county aforesaid endorsed the said writing or promissory note to the plaintiff and by his written endorsement promised to be security for the performance of said John Widners undertaking, and the said plaintiff in fact saith that afterwards to wit on the twenty fifty day of December 1819 at and in the county aforesaid the said promissory note was presented & shewn to the said John Widner & payment thereof then & there demanded of him the said John Widner but the said John Widner did not when the said promissory note was presented to him nor would he at any time afterwards pay said sum of Eighty dollars or any part thereof but the same to pay as aforesaid wholly refused & neglected so to do of all of which said several premises the defendant afterwards on the day in the county aforesaid had notice by means whereof he the said defendant then & there became liable to pay the said plaintiff said sum of Eighty dollars in said promissory note mentioned whenever he should be thereunto afterwards requested and being so liable he the said defendant in consideration thereof afterwards to wit on the __ day of __ in the county aforesaid undertook & then & there faithfully promised the said plaintiff to pay him the said sum of money in the said promissory note specified when he the said defendant should be thereunto afterwards requested. Nevertheless the said defendant not regarding his several promises & undertakings but contriving & fraudulently intending craftily & subtly to defraud & deceive the said plaintiff in this behalf did not although he was afterwards requested to wit on the __ day of __ in the county aforesaid paid said plaintiff said sum of Eighty dollars or any part thereof but his said several promises to keep, and perform he the said defendant hath hitherto failed & refused & still refuses to the plaintiffs damage one hundred and sixty dollars wherefore he sues. Withers & McVay attos. for plf. And said cause was continued till this term to wit the April term and being the tenth day of April 1826 came the plaintiff by his attorney and the defendant, saying nothing in bar nor preclusion of the said plaintiffs action against him remains herein undefended. It is therefore 
considered by the court that the plaintiff recover against said defendant the sum of eighty dollars the debt in the declaration mentioned together with the further sum of forty dollars twenty five cents damages sustained by the plaintiff by reason of the detention of his said debt, also his costs in this behalf.

Page 38

#1254
Henry Anderson, Assignee vs Anthony H Davies & Nathaniel H Marks) Debt

State of Alabama Lauderdale County Circuit Court “This day personally appeared G. A. Dawson attorney for Henry Anderson & made oath that Anthony H Davies & Nathaniel H Marks are justly indebted to said Henry, Plaintiff in a suit brought by him against them in the sum of 299 dollars 25 cents, balance of a Note of hand signed by them under the name, firm & description of Davies & Marks, that bail is required not for the purpose of vexing or harrassing said defendants but 
to secure their appearance to said action. G A Dawson Sworn to & Subscribed before me this 28th March 1825. P Ward Clk.

Capias to wit. The State of Alabama To the Sheriff of Lauderdale County Greeting You are hereby commanded to take the bodies of Anthony H Davies & Nathaniel H Marks wherever they may be found in your county and them safely keep, 
so that you have their bodies before the Judge of our next Circuit Court to be held for the County of Lauderdale, at the Court house in the town of Florence on the first Monday after the fourth Monday in March instant To answer Henry Anderson assignee of Patrick Andrews of a plea that they render unto him the sum of three hundred and eighty dollars twenty nine cents which to him he owes & from him unjustly detains to his damages one hundred fifty dollars.

Herein fail not and have you this Writ at the Clerks office of said county, three days previous to the first Monday after the fourth Monday in March instant. Witness Presley Ward Clerk of our said Court at office this 28th day of March 1825 and of American Independence the forty ninth year. Issued 28th day of March 1825. Test P Ward Clerk. Cause of action to wit.

 

This is an action of Debt brought to recover on a note of hand made by the within named defendants by the name firm & description of Davies & Marks in which they promise to pay one Patrick Andrews on his order 380 dollars 29 cents for value received bearing date December 11th 1822 payable 3 days after sd date which note is assigned by the said Patrick 
to the within plaintiff as appears by his assignment thereon upon said note also appears a credit of 80 dollars & 75 cents dated 23’d January 1823 and affidavit being made by the within plaintiff’s attorney according to an act of assembly in such case made & provided & filed in the office of the within named court. Bail is therefore demanded for the sum of $299. dollars 25 cents balance due upon said note. Harris & Dawson attos. Pro. Quer. Return to wit.


Came to hand 28th March 1825. Executed on Anthony H Davies and delivered him a copy of the within same day came to hand. Executed on Nathaniel Marks 29th March 1825 & delivered him a copy. J N Baker Shff By his Deputy A W H Clifton

Bail Bond of Marks to wit.


The State of Alabama Lauderdale County
Know all men by these presents that we Nathl H Marks and Patrick Andrews are held and firmly bound unto Joseph N Baker Sheriff of Lauderdale County or his assignment in the joint and full sum of five hundred & ninety eight dollars & 50/100 lawful money of the state to which payment well and truly to be made, we bind ourselves and each of our heirs 
firmly by these presents. Sealed with our seals and dated the 29th day of March 1825. The condition of the above obligation is such that the said Patrick Andrews hath undertook in behalf of the said Nathl H Marks to be his special bail in an action now instituted in the Circuit Court of said county of Lauderdale wherein Henry Anderson assignee is 
Plaintiff and A H Davies & N H Marks are defendants and in case said A H Davies & N H Marks should be cast in the action they shall pay and satisfy the condemnation of the court or surrender his body in custody of the sheriff of said county or that the said Patrick Andrews will do it for him. Given under our hands and seals this day and date above written. N H Marks (Seal) P Andrews (Seal) upon which is the following assignment to wit. I Joseph N Baker Sheriff of the county of Lauderdale do hereby assign the within obligation and condition to H. Anderson his Executors and Administrators to be sued for according to the statute in such cases made and provided. In whereof Î have hereunto set my hand and seal this 
30th March 1825 J N Baker Shff By his Deputy A W H Clifton. Davies Bond to wit.

 

The State of Alabama Lauderdale County. Know all men by these presents that we Anthony H Davies & Henry Anderson are held and firmly bound unto Joseph N Baker Sheriff of Lauderdale County or his assignment in the joint and full sum of five hundred & ninety eight dolls & 50 cts. lawfull money of the state to which payment well and truly to be made we bind ourselves and each of our heirs firmly by these presents Sealed with our seals and dated the 28th day of March 1825.

The condition of the above obligation is such that the said Henry Anderson hath undertook in behalf of the said Anthony H Davies to be his special bail in an action now instituted in the Circuit Court of said County of Lauderdale wherein Henry Anderson assignee is plaintiff and Anthony H Davies & N H Marks are defendants. And in case said Anthony H Davies should be cast in the action he shall pay and satisfy the condemnation of the court or surrender his body in custody of the sheriff of said county or that the said Henry Anderson will do it for him. Given under our hands and Seals this day and date above written. A H Davies (Seal) Henry Anderson (Seal) Upon the same is the following assignment to wit.

I Joseph N Baker Sheriff of the County Lauderdale do hereby assign the within obligation and condition to H Anderson his Executors and Administrators to be sued for according to the statute in such cases made and provided. In witness whereof I have hereunto set my hand and seal this 30th March 1825. J N Baker Shff By his Deputy A W H Clifton.

At the April term of said Court and being the fifteenth day of April 1825. On motion It is ordered that the time for pleading be extended and that sixty days from the rise of this court be allowed plaintiffs to file Declarations in all cases returnable to the present term and thirty days thereafter to defendants to plead etc. 

Page 43


Declaration filed 2nd July 1825 to wit. State of Alabama fourth Circuit Lauderdale Circuit Court of March term 1825. Lauderdale County. ? Henry Anderson by his attornies complains of Anthony H Davies & Nathaniel Marks in custody etc. of a plea that they render unto him the sum of three hundred and eighty dollars twenty nine cents which unto him 
they owe & from him unjustly detain for that heretofore to wit. on the 11th day of December 1822 the said Anthony H. and Nathaniel made their certain promissory note by the name firm & description of Davies & Marks by which they promise to pay one Patrick Andrews on his order 380 dollars 29 cents for value received & then & there delivered the said note, so signed as aforesaid to the said Patrick and the said Patrick to whom or to whose order the said note was made payable after the making of the said note before the payment of the said sum of money in the said note specified to wit. on the __ day of __ aforesaid at the county aforesaid assigned the said note by which said assignment he the said Patrick then & there directed & appointed the said sum of money in said note specified to be paid unto the said plaintiff & then & there delivered the said note so assigned unto the said plaintiff by means whereof & by force of the statute in such case made & provided the said Anthony H & Nathaniel then & there became liable to pay unto the said plaintiff the sum of money in said note specified according to its tenor & effect & altho the said sum of money in said note so specified hath 
been long since due & payable according to its said tenor & effect. Yet the said plaintiff in fact saith that the said Anthony H and the said Nathaniel they nor either (altho often requested so to do) did not nor would pay the said sum of 380 dollars 29 cents in said note specified in manner aforesaid or otherwise howsoever but have hitherto wholly neglected & refused so to do whereby an action hath accrued to the said plaintiff to demand & have of the said Anthony H & Nathaniel the said money so as aforesaid specified & he saith he hath damage one hundred & fifty dollars wherefore he sues etc. Harris & Dawson Attos. Pro. Q.

Demurer to wit. Anthony H Davies & Nathl Marks adj. Henry Anderson) And now said defendants come & defend the wrong & injury when etc. & crave oyer of the supposed promissory note in the declaration mentioned and of which ? profnt? is read to him in the words & figures following to wit. “Doll 380.29 Florence 11th Decr 1822 three days after date we promise to pay to Patrick Andrews on order three hundred & eighty dollars 29/100 for value recd. Witness our hands and Seals the date above Davies & Marks (Seal)”. And they also crave oyer of the indorsements on said writing which are read to them in the following words & figures to wit “Rec’d on account of the within note eighty dollars & seventy five cents. P. Andrews 23’d January 1823.” and “pay the within to Henry Anderson on order - P. Andrews -” which being read & heard said defendants say the said declaration and the matters & things therein contained are not sufficient in Law for said Plaintiffs to have or maintain his aforesaid action thereof against them and that they are not bound by the Law of the land to make any answer to the same and this they are ready to verify wherefore for want of a sufficient dul? 
(possibly, declaration?) in this behalf said defendants pray Judgt. and that the Plaintiff may be barred. Coalter & Irvine Attos. And said cause continued till this term to wit the April term and being the thirteenth day of April 1826 came the parties by attornies and the defendants Demurer being argued and by the Court heard. It is considered by the Court that said Demurer by sustained and that said Defendants recover against said Plaintiffs their costs in this behalf expended.