Final Record Civil & State Circuit Court

1825 - 1826

Pages 46 - 87

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

Page 46

#1247
Henry Anderson Assignee vs William M Campbell) Debt

The State of Alabama Lauderdale County

This day came George A Dawson attorney for Henry Anderson and makes oath William M Campbell is justly indebted to sd Anderson in the sum of one hundred & seven dollars 33 1/3 cents due by the sd defendants note under seal to E K Hudnell for the sum of one hundred & thirty dollars, three & 1/3 dated the 26th day of March 1823. Payable on or before the 1st day of January 1825. Sd note is assigned to Hugh Campbell on the 5th August 1824 and assigned by him to the present Plaintiff. A credit is indorsed on sd note for $26. the balance remaining due. Bail is not required for the purpose of vexing or harrassing said defendant. G. Agustus Dawson. Subscribed & Sworn to before this 28th March 1825. P. Ward, Clk, Circuit Court for sd County. Capias issued to wit.


The state of Alabama To the Sheriff of Lauderdale County Greeting 
You are hereby commanded to take the body of William 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 1st Monday after the fourth Monday in March instant to answer Henry 
Anderson assignee etc. of a plea that he render to him the sum of one hundred and thirty three dollars & one third of a dollar, which to him he owes & from him unjustly detains to his damages sixty 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 of Debt is brought upon a writing obligatory executed by the within named defendant by which he binds himself to pay one E K Hudnall the just? & full sum of 133 1/3 dollars in current money of the state of Alabama, bearing date the 26th day of March 1823 payable on or before the 1st day of January 1825 which note is assigned by the said E K 
Hudnall to one Hugh Campbell on his order for value received as appears by his assignment thereon dated 5th August 1824 & assigned by the said Hugh to the within named plaintiff as appears by his assignment thereon a credit is also indorsed on said note dated February 5th 1825 for 26 dollars as affidavit hath been made by the plaintiff’s attorney in this suit according to act of assembly in such case made & provided & filed in the office of the within named court. Bail is therefore demanded for 107 dollars 33 1/3 cents the balance due on said writing obligatory. Harris & Dawson Attos Pro. Quer. Came to hand 28th March 1825. Executed the same day on the defendant by delivering him a copy of the within Writ. J N Baker Shff By his Deputy N H Marks. Bail bond returned to wit. 

 

The State of Alabama Lauderdale County
Know all men by these presents that we William M Campbell and Daniel Ellms are held and firmly bound unto J N Baker Sheriff of Lauderdale County or his assignment in the joint and full sum of two hundred & sixty six 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 Daniel Elems 
hath undertook in behalf of the said William M Campbell 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 William M. Campbell is defendant and in case said William M. 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 Daniel Elems will do it for him. Given under our hands and seals this day and date above written. Wm M Campbell (Seal) Daniel Elms (Seal) assignment to wit.

Page 50


I, Joseph N Baker Sheriff of the county of Lauderdale do hereby assign the within obligation and condition to Henry Anderson 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 By his Deputy N H Marks. 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 4th day of June 1825 the plaintiff by his attorney filed his Declaration in the following words & figures to wit.


State of Alabama fourth Circuit, Lauderdale Circuit Court of March term 1825. Lauderdale County Henry Anderson by his attornies complains of William M Campbell in custody etc. of a plea that he render unto him the sum of one hundred 
and thirty three dollars & one third of a dollar which unto him he owes & from him unjustly detains. For that heretofore to wit. on the 26th day of March 1823 at the County aforesaid the said William M Campbell made his certain writing obligatory sealed with his seal bearing date the day & year aforesaid which is here now to the court shewn by which said 
writing he the said William M then & there, promised to pay on or before the 1st day of January 1825. The just? and full sum of 133 1/3 dollars in current money of the state of Alabama to one E K Hudnall & then & there delivered the said writing to the said Hudnell & the said Hudnell to whom the payment of the said sum of money in said writing specified 
was to be made, after the making of the same & before the payment of the said sum of money therein specified to wit on the __ day of __ aforesaid; at the county aforesaid assigned the said writing by which assignment he the said Hudnell then & there ordered & appointed the said sum of money in said writing specified to be paid to one Hugh Campbell & then & there delivered the said writing to the said Hugh so assigned, and the said Hugh to whom or to whose order the payment of the said sum of money on said writing specified was directed to be made by the assignment aforesaid after the making of the said writing & before the payment of the said sum of money therein specified to wit on the __ day of __ aforesaid at the county aforesaid assigned the said writing by which said last mentioned assignment he the said Hugh then & there ordered & appointed the said sum of money in the said writing specified to be paid to the said Henry Anderson the plaintiff as aforesaid & then & there delivered the said writing to the said plaintiff by means 
whereof & by force of the statute in such case made & provided the said defendant then & there became liable to pay to the said plaintiff the said sum of money in said writing specified, according to the tenor & effect. And altho the said sum of money hath been long since due & payable according to its tenor & effect as aforesaid yet the said Henry in fact saith that the said William M (altho often requested so to do) did not nor would pay the said sum of 133 1/3 dollars in said writing specified to the said Henry in manner aforesaid or otherwise howsoever, but hath hitherto wholly neglected & refused so to do whereby an action hath a---ed to the said Henry and he saith he hath damage sixty dollars, wherefore he sues, etc.. Harris & Dawson attos Pro Qer. And on the third day of September 1825 the defendant filed his Demurer 
as follows to wit. Wm M Campbell ats Henry Anderson assignee etc. And now said Campbell the defendant by his attorney comes & defends the wrong & injury when ? and craves oyer of the said writing obligatory which is read to him in these words to wit. On or before the first day of January 1825 I promise to pay E K Hudnell the just and full sum of one hundred and thirty three and a third dollars in current money of the state of Alabama. Given under my hand and seal this 26th day of March 1823. Wm M Campbell (Seal)

And said defendant also craves oyer of the indorsements & they are read to him in these words to wit. I assign the within to Hugh Campbell on order for value recd this 5th August 1824. E. K. Hudnall. I assign the within note to H. Anderson. Hugh Campbell. All which being read & heard said defendant says said declaration & the matters therein contained in 
manner & form as the same are therein alledged & set forth are not sufficient in Law nor is the said defendant 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 he prays judgment etc. Wm B Martin for plf. N. B. Plff does not say the debt was not paid to Hugh Campbell
2nd no overnment? that the H means Henry. 3 nor that defendant ever had notice of the assignment 4 nor does he say they ever were endorsed nor any signature to the assignment. 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 and the defendants demurer to the Plaintiffs declaration being argued was overruled by the Court. It is therefore considered by the Court that the said Plaintiff recover against said defendant the sum of one hundred and and eight dollars nineteen cents the residue of the debt in the Plaintiffs declaration mentioned, together with the further sum of ten dollars thirty two cents for damages sustained by its detention and his costs in that behalf expended. 

 

Page 54

#1245
Thomas McKissack, Assignee vs Isaac Hudson & Others ) Debt

The State of Alabama To the Sheriff of Lauderdale County Greeting You are hereby commanded to take the bodies of Isaac Hudson, John P Norvell & William C Mayfield 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 holden for said County at the Court house in the town of Florence on the first Monday after the fourth Monday in March Inst. To answer Thomas McKissack Administrator of the estate of Wilson Jones decd of a plea that they render unto him the sum of one hundred & thirty dollars which to him they owe & from him unjustly detain to his damage of one hundred dollars. Herein fail not, and have you this Writ at the office of the Clerk of said Court three days previous to the first Monday after the fourth Monday inst. Witness Presley Ward Clerk of our said Court at office the 6th day of March 1825 and of American Independence the forty ninth year. Test. Issued 6th day of March 1825. P Ward Clk. Upon which is the following cause of action to wit.


This writ is issued upon a note under Seal executed by Isaac Hudson, John P Norvell & William C Mayfield to Thomas McKissack admr of Wilson Jones decd for the sum of $130. dated the 1st day of January 1821, payable one day after date. Harris Atty. Return thereon to wit.


Came to hand 28th March 1825. Executed on Isaac Hudson, John P. Norvell & Wm C Mayfield & delivered each of them a copy of the within March 30th 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.. And the plaintiff by his attorney filed his Declaration in the following words and figures to wit.


State of Alabama Lauderdale County ) Circuit Court March term 1825. Thomas McKissack Administrator of the estate of Wilson Jones dec’d complains of Isaac Hudson, John P Norvell & Wm. C Mayfield heretofore to wit on the 1st day of January 1821 in the County of Lauderdale aforesaid made & executed to the said plaintiff their certain writing obligatory 
of that date there (sic) own proper hands & seals being thereunto subscribed which said writing obligatory is to the court now here shewn the date whereof is the day & year aforesaid by which said writing obligatory they the said defendants bound themselves & then & there promised to pay said plaintiff by the name & description of Thomas McKissack Administrator of the estate of Wilson Jones deceased one day after the date of said writing obligatory the joint & full sum of one hundred & thirty dollars for value of him received. Nevertheless said plaintiff doth aver that said defendants did not one day after the aforesaid date of the aforesaid writing obligatory or at any other time pay him said sum of $130. the debt in the writing obligatory afs’d specified or any part thereof but to pay the same though often requested hitherto altogether have refused & still do refuse to the damage of said plaintiff of one hundred dollars and therefore he sues. Harris & Dawson Attos P Q Plf brings into county here letters of Administration etc. by which it will appear. And the defendants by attorney filed the following plea to wit. 

 

Thos. McKissick vs Isaac Hudson et al) Lauderdale Circuit Court March term 1825 And now said defendants come & defend the wrong & injury when ? & pray Judgment of said original Writ & that the same may be quashed because the ? said action is in the name of Thomas McKissick administrator of Wilson Jones dec’d & said Writ is in the debit & detinct? when it ought to have been in the detrist? only & this they are ready to verify wherefore they pray Judgment of said original Writ & that the same may be quashed. Coalter & Irvine attos for the Defendants And this 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, and the defendants withdrawing their plea in this behalf remained undefended. It is therefore considered by the Court that the 
said Plaintiff recover against said defendants the sum of one hundred and thirty dollars the debt in the declaration mentioned together with fifty five dollars for his damages sustained by its detention and the costs in this behalf expended.

Page 58

#1197
John Chisholm & Others, Executors vs Edward & Oliver Gressom) Covenant broken

The State of Alabama To the Sheriff of Lauderdale County Greeting You are hereby commanded to take the bodies of Edward Gressom & Oliver Gressom wherever they may be found in your county and them safely keep, so that you have their bodies before the Judge at 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 John Chisholm Solomon D Spain Executors of the last will & testament of Marshall D Spain deceased who sue for the use of Liman? D Brewster 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 fourth Monday in March next. Witness Presley Ward Clerk of our said Court at office this 1st day of February 1825 and of American Independence the forty ninth year. Issued 1st day of February 1825. Test P Ward Clerk Cause of Action to wit.


This action is founded on a writing obligatory executed by the defendants to Marshall D Spain in his lifetime to wit on the 6th of February 1824 for the payment on or before the 25th day of December thereafter of one hundred & ten dollars to be paid in current bank notes for value rec’d. No bail required. Coalter & Irvine attos pro. qr. Return thereon to wit.


Came to hand 4th Feby 1825 on O Grissom by delivering him a copy of the within Write & in full on Edward Gressom by delivering him a copy of the within Write 1st March 1825. J N Baker Shff 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 time and thirty days thereafter to defendants to plead etc. Declaration to wit.


Filed the 26th August 1825. State of Alabama Lauderdale County March term of the Circuit Court 1825. John Chisholm & Solomon D Spain, executors of the last will & testament of Marshall D Spain deceased, who sue for the use of Leiman D Brewster by attorney, complain of Edward Grissom and Oliver Gressom in custody etc. of a plea of covenant broken. For this to wit. that said defendants on the 6th day of February 1824 at __ to wit in the county aforesaid made their certain deed in writing of the date aforesaid signed with their names sealed with their seals & now to the court here shewn 
whereby they bound themselves & promised on or before the 25th day of December next to pay or cause to be paid to Marshall D Spain on order the sum of one hundred & ten dollars to be paid in current bank notes for value rec’d (and afterwards to wit on the __ day of __ the said Marshall D Spain departed this life leaving his last will & testament & 
thereby making & appointing said plaintiffs, Executors thereof which will & testament was duly admitted to record of Probate thereof granted by the Orphans Court of the County of Lauderdale aforesaid and said plaintiffs bring into Court here their letters testamentary which sufficiently prove to the court here the granting thereof to the said John Chisholm & Solomon D Spain in form aforesaid being date the __ day of __ 182_. Yet said defendants altho often requested, have not & performed their said covenant but hath broken the same in this that said defendants have not nor that either of them paid to the said Marshall D Spain during his lifetime nor to the plaintiffs since his decease said sum of one hundred & ten dollars in current bank notes or in any other manner whatsoever but o pay the same in current bank notes or in any other manner have entirely failed & refused & still do refuse to the plaintiffs damage $200 dollars therefore they sue etc. Coalter & Irvine attos. Pro. Q. 

Page 61


And on the trial Docket of said Court is the following to wit: The plffs. by atto. signs Judgment by default 26th August 1825. Coalter & Irvine attos. P. Ward Clk. And said cause was continued till until this term to wit, the April term and being the thirteenth day of April 1826 Came the plaintiffs by their attorney & and defendants saying nothing in bar or preclusion of the plaintiffs action against. It is therefore considered by the Court that a Jury come to enquire of the damages in this case whereupon came a Jury of good & lawfull men to wit 

 

Page 61

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 assess the damages in this case upon their oath do say they assess the plaintiffs damages to one hundred five dollars sixty cents. It is therefore considered by the Court that the plaintiffs recover against said defendants the damages assessed by the Jury as aforesaid. Also their costs in this behalf expended.

Page 62

#1253
Nathaniel Futrel vs Ira Gains & Abijah Best) Debt

The State of Alabama 
To the Sheriff of Lauderdale County Greeting. You are hereby commanded to take the bodies of Ira Gaines & Abijah Best 
... 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 inst To answer Nathaniel Futrel of a plea that they render to him the sum of Eighty two dollars & fifty cents which to him they owe and from him detain 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 inst. Witness Presley Ward Clerk of our said Court at office this 29th day of March 1825 and of American Independence the 49 year. Issued 29th day of March 1825. Test P Ward Clerk Upon which is the following cause of action to wit. 


This action is to recover the amount of a note executed by the defendants to the plaintiff 3rd of Nov. 1824 payable 25th Decr next for the sum of Eighty two dollars & fifty cents. Coalter & Irvine attos Upon the said Writ is the following return. Came to hand 29th March 1825. Executed same day came to hand on Abijah Best by delivering him a copy of the within Writ. Executed on Ira Gains 30th March 1825 and delivered him a copy of the within. 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. And on the 15th day of August 1825 the Plaintiff by his attorney filed his Declaration as follows to wit.

 

State of Alabama Lauderdale County Circuit Court March term 1825 Nathaniel Futrell by his attorney complains of Ira Gains and Abijah Best in custody etc. of a plea that they render to him the sum of Eighty two dollars & fifty cents which to him they owe & from him unjustly detain. For this to wit. that on the 3rd day of November 1825 at to wit in the County aforesaid said Ira Gains & said Abijah Best (by the description of Abij. Best) made their certain writing obligatory of that date signed with their names as above set forth and described whereby they promised & bound themselves to pay the plaintiff (by the description of N A Futrell) on demand the 25th day of December next (after the date aforesaid) Eighty two dollars and fifty cents in current money for value recd. Yet said defendants have not paid said sum of Eighty two dollars & fifty cents altho said plaintiff has often demanded and requested payment of the same but to pay the same or any part thereof said defendants have entirely failed & refused & still do refuse to the damage of the plaintiff of $50. therefore he sues etc. Coalter & Irvine attos pro plf.. And on the trial Docket of said Court is the following to wit. Judgt. 
taken by default for want of an appearance & plea this 29th Augst 1825. Coalter & Irvine attos pro plf.. P Ward Clk. And said cause was continued from term to term till this term to wit the April term and being the thirteenth day of April 1826 came the parties by attorney and the defendant saying nothing in bar of the plaintiffs action against him was herein undefended. It is therefore considered by the Court that the Plaintiff recover against said defendants the sum of Eighty two dollars & fifty cents the debt in the Plaintiffs Declaration mentioned together with the further sum of Eight dollars & fifty cents for damages sustained by its detention and his costs in this behalf expended.

Page 65

#1232
William Shepperd vs Matthew & James Reed ) Debt

The State of Alabama; To the Sheriff of Lauderdale County Greeting
You are hereby commanded to take the bodies of Matthew Reed and James Reed 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 1st Monday after the fourth Monday in March instant to answer William Sheppard of a plea that they render to him the sum of sixty five dollars which to him they owe & from him unjustly detain 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 1st Monday after the fourth Monday in March instant. Witness Presley Ward Clerk of 
our said Court at office this 15th day of March 1825 and of American Independence the forty ninth year. Issued 15th day of March 1825. Test P Ward Clerk Cause of action to wit.


This action is founded on a promissory note executed by the defendants to the plaintiff on the 27th March 1824 for the payment on or before the 25th day of Decr thereafter of sixty five dollars for value rec’d. No bail required. Coalter & Irvine atty Pro. Qr. Return thereon to wit. Came to hand 16th March 1825. Executed on Jas. Reed & delivered him a copy of the within March 24th 1825. Matthew Reed not found in my county. 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. and on the 15th day of August 1825 the Plaintiff by his attorney filed his declaration in the following words & figures to wit.

State of Alabama Lauderdale County)
Circuit Court. March term 1825
William Sheppard by his attorney complains of Matthew Reed & James Reed in custody etc. of a plea that they render to him the sum of Sixty five dollars which to him they owe & from him unjustly detain. For this to wit. That the said defendants on the 27th day of March 1824 at to wit in the county aforesaid made their certain note in writing commonally called a promissory note of that date their own proper names being thereunto subscribed & which is now here shewn to the court where? they? promised that they or either of them would pay to said plaintiff or holder on or before the twenty fifth day of December next after the date aforesaid the sum of sixty dollars for value rec’d. Yet said defendants altho often requested have not paid to the plaintiff said sum of $65 dollars or any part thereof but to pay the same or any part thereof have hitherto wholly refused still do refuse to the plaintiffs damage fifty dollars therefore he sues etc. Coalter & Irvine attos. And the defendant filed his plea on the 29th August 1825 as follows to wit. Matthew Reed & Jas Reed ats. Wm Sheppard ) In debt The said defendants by Wm B Martin their attorney come & defend the wrong & injury when where etc & say that they do not owe to said plaintiff the sum of money in said plaintiffs declaration demanded or any part thereof in manner & form as the said plaintiff in said declaration thereof complained against them & of this they put themselves upon the country etc. Wm B. Martin atto for Defts. Said cause was continued until this term to wit. the April term and being the thirteenth day of April 1826 Came the plaintiff by his attorney and discontinues his suit in this behalf as to Matthew Reed & the other defendant withdrawing his plea saith nothing in bar or preclusion of the plaintiff’s action against him. It is therefore considered by the Court that the Plaintiff recover against said 
defendant James Read the sum of Sixty five dollars the debt in the declaration mentioned together with six dollars & seventy five cents damages sustained by the Plaintiff for the detention of his said debt also his costs in this behalf expended.

Page 68

#1233
Egbart G Sheppard vs Micajah Lyon & Thomas Cunningham) Debt

The State of Alabama
To the Sheriff of Lauderdale County Greeting
You are hereby commanded to take the bodies of Micajah Lyon & Thomas Cunningham 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 1st Monday after the fourth Monday in March instant. To answer Egbert Shepperd of a plea that they render to him the sum of fifty two dollars & fifty cents which to him they owe & from him unjustly detain to his damage thirty 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 inst. Witness Presley Ward Clerk of our said Court at office this 15th day of March 1825 and of American Independence the forty ninth year. Issued 15th day of March 1825. Test P Ward, Clerk Cause of action to wit.


This action is founded on a note of hand executed by the defendants to the plaintiff on the 16th day of March 1824 for the payment on or before the 25th day of December thereafter of fifty two dollars & fifty cents for value rec’d. No bail required. Coalter & Irvine attos. Pro. Qr Upon said Writ is the following return to wit. Came to hand 15th March 1825. Executed on Thomas Cunningham and delivered him a copy of the within 24th March 1825. Executed on Micajah Lyon & delivered him a copy of the within 25th 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. And the plaintiff by attorney filed his Declaration on the 15th August 1825 in the following words & figures to wit. 


State of Alabama Lauderdale County) Circuit Court. March term 1825. Egbert H Sheppard by his attorney complains of Micajah Lyon and Thomas Cunningham in custody etc. For this to wit. That the said defendants on the 16th day of March 1824 at to wit in the county of Lauderdale aforesaid made their certain note in writing of that date. Signed with their names to wit by the names and description of Micajah Lyon & Tho. Cunningham with a scrawl inclosing the letters LS. annexed to them respectively which is now shewn to the court here whereby they or either of them promised to pay said plaintiff or holder fifty two dollars & fifty cents on or before the twenty fifty day of December next after the date aforesaid for value recd. Yet said defendants although often requested have not yet paid to the plaintiff said sum of $52.50/100 dollars or any part thereof but the same to pay have hitherto altogether refused & still do refuse to the damage of the plaintiff $30. Therefore he sues etc. Coalter & Irvine atto P. Q. The defendant by attorney filed his Demurer on the 29th day of August 1825. to wit Micajah Lyon & Thomas Cunningham ats. Egbert H. Shepperd) In debt. And the said Lyon & Cunningham defendants by Wm B Martin their attorney come & defend the wrong & injury when where etc. & crave oyer of the note by the said plaintiff declared on. It is read to them in the words & figures following to wit. On or before the twenty fifth of December next we or either of us promise to pay Egbert H. Shepperd or holder fifty two 50/100 dollars for value received this 16th day of March 1824. Micajah Lyon (LS) Tho. Cunningham (LS) which being read & heard said defendants say that the said declaration & the matters therein contained in manner & form as the same are therein stated & set forth are not sufficient in Law for the said plaintiff to have or maintain his aforesaid action thereat against them the said defendants & that the said defendants are not bound by the law of the Land to answer the same & this they are ready to verify wherefor for want of a sufficient declaration in this behalf said defendants pray Judgment & 
that the said plaintiff may be barred from having & maintaining his aforesaid action against them. Wm B Martin, atto for defendants And said cause was continued till this term to wit. The April term and being the 13th day of April 1826 Came the parties by their attornies and the defendants Demurer to the plaintiffs declaration being argued. It is considered by the Court that the same be overruled and that the said plaintiff recover against said defendants fifty two dollars & fifty 
cents the debt in the declaration mentioned together with the further sum of five dollars thirty five cents damages sustained by its detention and his costs in this behalf expended.

Page 72

#1200
Elias E Byrn vs George W Campbell ) Debt

The State of Alabama
Lauderdale County
“This day came Elias E Byrn before me Presley Ward Clerk of the Circuit Court for said county and makes oath that George W Campbell stands justly indebted to him the sum of one hundred and twenty five dollars due by the defendants promissory note to the plaintiff dated the 22nd day of December 1824 and made payable one day after date. Bail is not 
required for the purpose of vexing or harrassing said defendant. Elias E Byrn Subscribed & Sworn to before me this 4th day of February 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 boyd of George W. 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 next to answer Elias E 
Byrn of a plea that he render unto him the sum of one hundred & twenty five dollars which to him he owes & from him unjustly 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 4th fourth Monday in March next. Witness Presley Ward Clerk of our said Court at office this 4th day of February 1825 and of American Independence the forty ninth year. Issued 4th day of February 1825. Test P Ward Clerk. Cause of action on said Writ as follows.


This is an action of Debt founded on a promissory note made by the defendant payable to the plaintiff one day after date & dated the 22nd day of December 1824 for one hundred & twenty five dollars, the whole of which is due & unpaid. Bail is required as per affidavit filed in office for one hundred & twenty five dollars Debt. P Ward Clk. Wm B & P Martin attos for Plff. Return thereon to wit.


Came to hand 4th day February 1825. Executed 6th February 1825 on the defendant by delivering him a copy of the within Write. J N Baker, Sheriff by his Deputy D W McKee And with said Writ the Sheriff made return of the following Bail bond to wit.


The State of Alabama Lauderdale County
Know all men by these presents that we George W Campbell, William W. Garrard are held and firmly bound unto J N Baker, Sheriff of Lauderdale County or his assignment in the just and full sum of two hundred and fifty 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 6th day of February 1825. The condition of the above obligation is such that the said William Garrard hath undertook in behalf of the said Geo. W. Campbell to be his special bail in an action now instituted in the Circuit Court of said County of Lauderdale wherein Elias E Byrn, plaintiff and George W Campbell, defendant and in case said 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 W 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)

Upon which is the following assignment to wit. I J.N. Baker Sheriff of the County of Lauderdale, do hereby assign the within obligation and condition to Elias E Byrn 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 D W McKee. 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. The plaintiff by attorney on the 24th day of August 1825 filed his Declaration in the following words & figures to wit.

The State of Alabama Lauderdale County) Circuit Court, April term 1825. Elias E Byrn by his attorney complaints of George W Campbell (defendant) in custody of the sheriff etc. of a plea that he render unto him the sum of one hundred & twenty five dollars which to him he owes & from him unjustly detains etc. For that whereas heretofore to wit. on the 22nd day of December A D 1824 at to wit in the county aforesaid said defendant made his certain note in writing commonly called a promissory note subscribed with his own hand by the description of G W Campbell & which is now to the court shewn wherein & whereby said defendant promised one day after the date thereof to pay to the said plaintiff the aforesaid sum of one hundred & twenty five dollars for value received. Yet said defendant, although often requested so to do hath not as yet paid to said plaintiff the aforesaid sum of money in said note specified according to the tenor & effect thereof or any part thereof to the said plaintiff but to pay the same or any part thereof hath hitherto wholly failed & refused & still doth refuse to the damage of said plaintiff fifty dollars & therefore he sues etc. Wm B & P. Martin attos for plf..

Page 76


Plea to wit. Elias E Byrn vs George W Campbell And now said defendant by his attorney comes & defends the wrong & 
injury when etc. and says that the said plaintiff his action aforesaid to have & maintain ought not because he says that he doth not owe the said sum of money in the plaintiffs declaration mentioned & above demanded or any part thereof in manner & form as the said plaintiff have above complained against him and of this he puts himself upon the country etc. Coalter & Irvine attos. And the sheriff of Lauderdale County aforesaid returned another 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 just and full sum of two hundred & fifty 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 8th 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 Elias Byrne 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) Hugh Campbell (Seal).

Upon which is the following assignment to wit. I, Martin Harkins shff of Lauderdale County do hereby assign the within obligation & condition to Elias E Byrne his Executors and administrators to be sued for according to statute in such cases made & provided. In witness whereof I have hereunto set my hand & seal this 8th day of April 1826. M Harkins Shff 
of Lauderdale County. And said cause was continued until this term to wit the April term and being the thirteenth day of April 1826. Came the parties by attornies and the defendant withdrawing his plea was herein undefended. It is therefore considered by the Court that the said Plaintiff recover against said defendant the sum of one hundred and twenty five dollars the debt in the declaration mentioned together with the further sum of twelve dollars ninety cents for damages sustained by its detention and his costs in this behalf expended.

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#686
William Talbert vs Samuel Scott, Surviving Partner of Lowry & Scott ) Case

State of Alabama
To the Sheriff of Lauderdale County Greeting.
You are hereby commanded to take the body of Samuel Scott, surviving partner of the firm of Lowry and Scott 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 March next. to answer William Talbert of plea of trespass on the case to his damage three hundred dollars. Herein fail not and have you this writ at the office of the Clerk of said Court three days previous to the said first Monday after the fourth Monday in March next. Witness Presley Ward Clerk of our said Court at office the 9th day of December 1822 and of 
American Independence the forty seventy year. Test J Irvine Dbl for P. Ward, Clk. Issued 9th day of December 1822 upon which is the following cause of action to wit.

 

This is an action on the case in assumpsit founded on a bill of Exchange drawn by Christopher N? Halstead in favour of William Talbert upon Lowry & Scott and accepted by the said Lowry & Scott on the 12th day of November 1822. Bail required. Dawson, atto. Pro. Quer. Return thereon to wit. Came to hand 9th Decr. 1822. Executed 21st Decr. 1822 Joseph N Baker Shff By his Deputy James Coalter. At the April term of said court and being the 2nd day of April 1823. A Rule of court to enlarge the time of pleading viz. till the 10th day of July next to file declarations & thirty days thereafter to file pleas.

Page 79


Declaration to wit.
State of Alabama Fourth Circuit Lauderdale County Circuit Court of March term 1823 Lauderdale County: William Talbert complains of Samuel Scott surviving partner of the late firm of Lowry & Scott being in custody etc. of a plea of trespass on the case. For that whereas one Christopher N? Halstead on the 15th day of September 1822 in a place beyond the territory & Jurisdiction of the state aforesaid to wit at Lexington in the state of Kentucky, that is to say at the county aforesaid made his certain bill of exchange in writing bearing date the day & year aforesaid & then & there directed the said bill of exchange to the said late firm of Lowry & Scott by which said bill of exchange, he the said Christopher then & there requested the said Lowry & Scott, twenty days after sight of the said bill, his first & only bill of exchange to pay to the said William Talbert on order the sum of one hundred and twenty five dollars in specie being in part of purchase of Keel boat, which said bill of exchange he the said Christopher then & there delivered to the said William and said bill so 
as aforesaid made afterwards to wit. on the 12th day of November in the year aforesaid at the county aforesaid was shewn to the said firm of Lowry & Scott & the said Lowry & Scott upon sight thereof then & there did accept the said bill of writing thereupon in their own proper hand writing the following words & figures to wit. Accepted Nov. 12 1822 Lowry & Scott, which said bill so as aforesaid made & as aforesaid accepted is here ready to be shewn to said Court and whereas also afterwards to wit. on the __ day of __ in the year 1822 said Robert Lowry partner in the said late firm of Lowry & died, by means of the premises the aforesaid Samuel, surviving partner as aforesaid became liable to pay unto the said William the aforesaid sum of 125 dollars in the bill aforesaid mentioned according to the tenor of the said bill and being so liable the said Samuel afterwards to wit. on the day & year last aforesaid, at the county aforesaid in consideration of the premises upon himself for & in behalf of said late firm of Lowry & Scott did assume & to the said William did then & there faithfully promise to pay to him the aforesaid sum of 125. dollars according to the tenor & effect of said bill. Nevertheless? the said Samuel his promise made as aforesaid not regarding but minding & craftily intending to deceive in this behalf the said William, the aforesaid sum of money or any part thereof to the said William within 20 days after sight of the said bill or at any time since hath not paid (altho to do this by the said William often after the date & day payment of the said Bill he the said Samuel was requested). But the same to pay him hath hitherto wholly neglected & 
refused & still doth neglect & refuse to the damage of said William of three hundred dollars & therefore he brings his suit etc. Dawson atty Pro. Quer.

Page 81


Plea in abatement to wit. Samuel Scott Surviving Partner etc. ats. William Talbert )
March term 1823 action of assumpsit. And the said Samuel Scott by Wm B Martin his attorney comes & defends the wrong & injury when etc. Plaintiff prays judgment of the original writ & declaration in the above case, because he says the bill of exchange on which this suit is brought if accepted at all by him was accepted after the death of Lowry? his former partner to wit on the __ day of September 1822 at Lexington Kentucky to wit in the county aforesaid & the said Samuel if liable at all is only liable in his own individual capacity & not as surviving partner of the said firm of Lowry? & Scott & this the said Samuel is ready to verify wherefore in as much as the said Samuel is sued & declared against on the bill of exchange in the said plaintiffs declaration mentioned as the surviving partner of Lowry & Scott & not in his own individual capacity he the said Samuel prays Judgment of the said Writ & declaration & that they may be abated & quashed. Wm B Martin atty for Scott.

The State of Alabama Lauderdale County.
This day came Samuel Scott the defendant in the above suit before me John Donohoo an acting justice of the peace in & for said county & made oath & said that the plea hereto annexed is true in substance & fact Saml Scott Sworn to & subscribed this day of 23rd August 1823. John Donahoo Jr. (Seal) 

 

And on said Declaration is the following plea to wit. 1st Plea non assumpsit 2nd Failure of consideration Martin for Deft. Dawson atto. And said cause was continued until this term to wit the April term and being the fourth day of April 1826. This day came the parties by their attornies and came also a Jury of good & lawful men to wit

Page 82

Thomas Williams
John Floyd
James N. McMahan
Cornelius Carmack
John H Cornish
Daniel Buie
Ephraim Sheffield
Eli M Kerr
Thomas Marlar?
James W Cocke
John Curtis
James Foster

who being duly elected tried and sworn well & truly to try & the truth to speak upon the issues joined upon their oath do say we the jury find the issues for the plaintiff and assess his damages by reason thereof to one hundred and sixty dollars. It is therefore considered by the court that said Plaintiff recover against the defendant said sum of one hundred & sixty dollars the damages aforesaid by the Jury in form aforesaid assessed, also his costs in this behalf expended etc..

Note in margin of Page 82: “I do hereby sign seal and release all errors at Law upon the Judgment which William Talbert recovered against me in the Lauderdale Circuit Court at the April term thereof in the year of our Lord 1826 - for the sum of one hundred & sixty dollars damages & costs. Witness my hand & seal this 27th day of Sept. 1826. Saml Scott” (Seal)

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#1231
James McGowan vs William F Withers & Samuel H Byrn ) Debt

I do hereby acknowledge myself the plaintiffs security in the case James McGowan against William F Withers and Samuel H Byrn now depending in the Circuit Court of Lauderdale County and I do hereby obligate & oblige myself to satisfy & pay all costs which may be awarded against said Plaintiff by the Judgment of said Court for failing to prosecute the same with effect. Given under my hand & Seal this 1st day of August 1825. Elias E Byrn (Seal). Capias to wit.

 

The State of Alabama
To the Sheriff of Lauderdale County Greeting. You are hereby commanded to take the bodies of William F Withers and Samuel H Byrn 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 1st Monday after the fourth Monday in March instant to answer James McGowan of a plea that they render to him the sum of fifty dollars which to him they owe and from him unjustly detain to his damage twenty 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 P Ward Clerk of our said court at office this 21st day of March 1825 and of American Independence the forth ninth year. Issued 21st day of March 1825. Test. P Ward Clerk. Cause of action to wit.


This action is founded on a note executed by the defendants to the plaintiff for fifty dollars due on or before the 25th December 1824 & dated March 18th 1824 the whole of which appears to be due & unpaid. William S Fulton, Atto. Return to wit. Came to hand 22nd March 1825. Executed on Samuel H Byrn and delivered him a copy of the within 23 March 1825. Executed on Wm F Withers and delivered him a copy March 28 1825. J N Baker, Shff by his Deputy M. C. Young

At the April term of said Court and being the fifteenth day of April 1825. On motion it is ordered, that the time for leading be extended, and that sixty days from the rise of this Court be allowed plaintiffs to file Declarations in all cases eturnable to the present term, and thirty days thereafter to defendants to plead etc. And on the 22nd August 1825 the Plaintiff by his attorney filed his Declaration as follows to wit.

 

The State of Alabama Lauderdale County 
Circuit Court March term 1825. James McGowan by attorney complains of William F Withers and Saml H Byrn in custody etc. of a plea that they render to him the sum of fifty dollars which to him they owe and from him unjustly detain. Fort hat the said William F Withers and Samuel H Byrn on the 8th day of March 1825 Executed their joint note of that date 
signed with their names & sealed with their seals & here to the Court shewn in the county aforesaid whereby they promised on or before the 25th day of December next (thereafter) to pay to James McGowan on order fifty dollars value received yet the said William F Withers & Samuel H Byrn altho often requested have not paid to the said James McGowan the said sum of fifty dollars, but the same to pay both of them have hitherto failed & refused,nor has the sum aforesaid or any part thereof ever been paid by either of them, and they still do refuse to pay the same to the plaintiffs damage twenty dollars. And therefore suit is brought. William S Fulton Atto for Plff. Demurer to wit.


Wm F Withers & Saml H Byrn adj. James McGowan And now said defendants by attorney come & defend the wrong & injury when etc. & say that the said declaration & the maters therein contained in manner & form as the same are therein stated & set forth are not sufficient in Law for the said plaintiff to have or maintain his aforesaid action thereof against them said defendants and that they the said defendants are not bound by the Law of the Land to make any answer 
thereto and this they are ready to verify wherefore for want of a sufficient declaration in this behalf said defendants pray Judgment and that the said plaintiff may be barred from having or maintaining his aforesaid action against them etc.. Coalter & Irvine attornies. 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 and the defendants withdrawing their plea say nothing in bar or preclusion 
of the plaintiffs action against them. It is therefore considered by the court that the plaintiff recover against said defendants the sum of fifty dollars the debt in the declaration together with the further sum of five dollars 12 1/2 cents the damages sustained by the Plaintiff by reason of the detention of said debt, also his costs in this behalf expended and on the fourteenth day of April 1826. In this case wherein Judgment was at this term heretofore entered It is agreed between the attornies for said plaintiff & said defendant that no execution issue for twelve months from the rendering the Judgment aforesaid.

 

Page 87

#1228
John Simpson vs Ezekiel K Hudnall ) Debt

The State of Alabama
To the Sheriff of Lauderdale County Greeting

You are hereby commanded to take the body of Ezekiel K Hudnell 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 John 
Simpson of a plea that he render unto him the sum of ninety eight dollars ninety cents which to him he owes & from him unjustly detains to his damages forty five 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 ninth day of March 1825 and of American Independence the forth ninth year. Issued 9th day of March 1825. Test P Ward Clerk. Upon the same is the following cause of action to wit.

 

This action of Debt is brought upon a certain writing obligatory executed by the within named defendant by which he the said defendant promises to pay one day after date the within named plaintiff on his order 98 dollars 90 cents for value received, the said writing bearing date 1st day of January 1824 the whole of which sum is yet due & unpaid. No bail required. Harris & Dawson attornies Pro. Quer. Return to wit.

 

Came to hand 10th March 1825. Executed 19th March 1825 by delivering the defendant a copy of the within Write. J N Baker Shff 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 by the court 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.


State of Alabama Fourth Circuit Lauderdale Circuit Court of March Term 1825. Lauderdale County)

John Simpson by his attornies complains of Ezekiel K. Hudnell in custody etc. of a plea that he render unto him the sum of ninety eight dollars ninety cents which to him he owes & from him unjustly detains. For that heretofore to wit on the 1st day of January 1824 at Florence to wit. in the county aforesaid the said Ezekiel K made his certain writing obligatory sealed with his seal bearing date the day & year aforesaid & now here to the court shewn by which said Writing he the said Ezekiel K then & there promised to pay the said John on his order the sum of 98 Dollars 90 cents for value received one day after date thereof as aforesaid by means whereof & by force of the statute in such cases made & provided the said Ezekiel K then & there became liable to pay the said John the said sum of money in said Writing specified according to the tenor & effect of the same. And altho the said sum of money so specified hath been long since due & payable according to the tenor & effect of the said writing yet the said John in fact saith that the said Ezekiel K (altho often requested) did not nor would pay the said sum of 98 dollars 90 cents or any part thereof but hath hitherto wholly neglected & refused so to do whereby an action hath accured to the said John & he saith he hath damages forty five dollars wherefore he sues etc. Harris & Dawson Att’ies Pro. Qu. Plea to wit. 

 

Ezekiel K Hudnall adj. John Simpson) And now said defendant by his attorney comes & defends the wrong and injury when & prays Actionem non etc. because he says that after the said sum of money in said writing obligatory specified and before the commencement of this suit to wit on the __ day of __ at to wit in the county of Lauderdale aforesaid he well & truly paid said sum of money above demanded with all interest which had thereon accrued and this he is ready to verify wherefore he prays Judgment Sci Actio etc. Coalter & Irvine attos. And said cause was continued till this term to wit the April term of said Court and being the thirteenth day of April 1826 came the parties by attorney and the defendant withdraws his plea & says nothing in bar or preclusion of the plaintiff’s action against him. It is therefore considered by the Court that the plaintiff recover against said defendant the sum of ninety eight dollars & ninety cents the debt in the 
plaintiff’s declaration mentioned together with the further sum of eighteen dollars damages sustained by said plaintiff by reason of the detention of his sd Debt. Also his costs in this behalf expended.