Final Record Civil & State Circuit Court

1825 - 1826

Pages 91 - 135

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

Page 91

#1264
John Hodge, assignee vs Hezekiah Spann and Uriah Nanne(y) ) Covenant

The State of Alabama
To the Sheriff of Lauderdale County Greeting.
You are hereby commanded to take the bodies of Hezekiah Spann and Uriah Nanne 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 John Hodge, assignee of Shadrach Morris of a plea of covenant broken to his damages one hundred & 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 next. Witness Presley Ward Clerk of our said Court at office this 27th day of 
January 1824 (should be 1825) and of American Independence the forty ninth year. Issued 27th day of January 1825. Test P. Ward Clerk. At the bottom of said writ is the following bond to wit, I acknowledge myself the above named plaintiffs security for the costs of this suit in case he fail in the prosecution thereof. Witness my hand & seal this 27th January 1825. M A McKenzie (Seal)

Upon the same is the following cause of action to wit. This action of covenant is brought to recover of the defendant damages for failing to pay to the plaintiff assignee Seventy five dollars and is founded on a writing obligatory dated the 6th day of December 1823 executed by Hezekiah Spann & Uriah Nanne(y) wherein they promise on or before first of August next (meaning) next after the date of the said writing obligatory to pay or cause to be paid unto Shadrach Morris Seventy five dollars in Tennessee bank notes for value rec’d of him. Witness our hands & Seals and the said writing obligatory is assigned by the original payee Shadrach Morris to John Hodge the present plaintiff for value received the said sum is due & unpaid. No bail required. McKenzie Pro. Plff

Page 92


Return thereon to wit. We acknowledge the service of the within writ 29th January 1825. Hezekiah Spann. U. H. Nanny.

Order of Court 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
And on the 9th day of May 1825 the Plaintiff by attorney filed his declaration in the following words & figures to wit. 


The State of Alabama Lauderdale County)
Circuit Court April 1825
John Hodge assignee of Shadrack Morriss by attorney complains of Hezekiah Spann & Uriah Nanne in custody etc. of a plea of covenant broken. For that the said defendants on the 6th day of December (to wit) in the County aforesaid by their certain writing obligatory sealed with seals and now here shewn to the Court the date whereof is the day & year last aforesaid thereby covenanted & promised on or before the first day of August next (meaning next after the date of the said writing obligatory) to pay or cause to be paid unto Shadrack Morris Seventy five dollars in Tennessee bank notes for value received. And the sd plaintiff further saith that the said writing obligatory and the money therein specified 
remaining unpaid & unsatisfied to the said Shadrack Morris he the said Shadrack Morris afterwards (to wit) in the County aforesaid on the 9th day of December 1824 by an endorsement on the said Writing Obligatory duly made and attested in the presence of Wm. J. Jenkins assigned the said writing obligatory to the said plaintiff according to the form of the statute in such case made and provided of which said several premises on the day and year last aforesaid as above stated the defendants in the county aforesaid then & there had due notice and the said writing obligatory together with the endorsement thereon as above specified the date whereof is the day & year last aforesaid is now here shewn to the court. By means whereof and by force of the statute in such case made & provided an action hath accrued to the said plaintiff as assignee of Shadrach Morris as aforesaid to demand & have of & from the said defendant the sum of Seventy five dollars in Tennessee bank notes as above demanded. Yet the said defendants (altho often requested so to do) hath not kept their said covenant by them made as aforesaid but hath broke the same by not paying the said sum of Seventy five dollars in Tennessee bank notes to the said Shadrach Morris before the said assignment or the sd plaintiff assignee as aforesaid or either of them since the said assignment but hath hitherto wholly refused and still doth neglect & refuse to pay the same to the said plaintiff assignee as aforesaid one hundred & fifty dollars & therefore he brings his suit. 
McKenzie Atto Pro. Plff. ... Plea to wit


Circuit Court April term 1825.
Hezekiah Spann & Uriah Nanne ats. in covenant. John Hodge assignee etc. And now said defendants Spann & Nanne by William B Martin their attorney come into Court & defend the wrong & injury when etc. & pray Judgment of the original Writ in this case & the declaration thereon & that they may be abated & quashed. Because said defendants say there is a material variance between the said original Writ in this cause & the cause of action set forth in said declaration in this that said Writ is dated & issued on the 27th day of January 1824 & said cause of action agreeable to the shewing of said plaintiff did not accrue to him until the 9th day of December 1824 all of which said defendants are ready to verify & which will fully appear by an inspection of said Writ & declaration. Wherefore said defendant prays Judgment of said Writ & declaration & that said Writ & declaration may be abated & quashed etc. Wm B & P. Martin attos. for Defts. And for further plea in abatement of said Writ said defendants say the same Writ issued on the 27th of January in the year of our Lord 1824 & was never served until the 29th day of January in the year of our Lord 1825 & this said defendants are ready to verify & which will fully appear to the Court by an inspection of said Writ wherefore said defendants pray Judgment of said Writ & that the same be abated & quashed etc. Wm B. & P Martin attos. for Defts. And said cause was continued till this term to wit the April term and being the fourteenth day of April 1826 - came the attorney for the plaintiff & suggests the death of the sd plaintiff & it is ordered by the Court that this suit be revived in the name of Allen Brown Administrator with the will annexed of said deceased & came also the defendants by attorney & withdraw their plea by them heretofore pleaded & say nothing in bar or preclusion of the plaintiffs action against them and the Court being unadvised of the damages of the plaintiff in this case, came a Jury of good & lawfull men to wit

Page 96

Reuben White
Larkin Hendrix
Josiah Thornton
William Hickman
Edward Conway
Uriah Nanne (?? Nanne was on the jury for his own case? (msw))
Lewis Edwards
Charles L Crow
Benjamin Hagood
Zebulon Jenkins
Moses Wright
William Winburn

who being duly elected tried and sworn well and truly to enquire of damages in this behalf upon their oaths do say we the Jury assess the damages to Seventy two dollars forty five cents. It is therefore considered by the Court that plaintiff recover against sd defendant the damages aforesaid assessed by the Jury together with the costs in this behalf expended.

Page 96

#1261
Daniel Brein, assignee vs George Zachariah ) Debt

The State of Alabama
To the Sheriff of Lauderdale County Greeting
You are hereby commanded to take the body of George Zachariah wherever he may be found in your county and him safely keep, so that you have his body 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 instant. To answer Daniel Brein assignee of a plea that he render unto him the sum of ninety six dollars which to him he owes & 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 
Court, 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 29th day of March 1825 and of American Independence the 49th year. Issued 29th day of March 1825. Test P Ward Clerk Upon which is the following cause of action to wit.

 

This action of debt is brought by the plaintiff on a writing obligatory executed by the defendant payable to John Stump & John Cox merchants & trading under the firm of Stump & Cox & executed to them by the description of Stump & Cox
on the 31st day of December 1819 for ninety six dollars payable six months after date & indorsed by said Stump & Cox to the plaintiff the whole of which is due & unpaid. No bail required. Wm B & P. Martin attos. P. Q. Return to wit.

 

Came to hand 29th March 1825. Executed 30th March 1825 by delivering the defendant a copy of the within writ. 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 term and thirty days thereafter to defendants to plead etc.

Page 98


And the Plaintiff (by) his attorney filed his Declaration on the 24th Day of August 1825 as follows to wit.


The State of Alabama Lauderdale County
Circuit Court April Term 1825.

Daniel Brein assignee etc. by his attorney complains of George Zachariah in Custody etc. of a plea that he render unto him the sum of ninety six dollars which to him he owes & from him unjustly detains etc. For that whereas the said George the (defendant) heretofore to wit. on the 31st day of December in the year of our Lord 1819 at (to wit) in the County aforesaid made his certain writing obligatory of that date sealed with his seal & now here to the Court shewn, wherein & whereby said defendant promised six months after the date thereof to pay to John Stump & John Cox merchants trading under the firm of Stump & Cox by the description of Stump & Cox on order the aforesaid sum of ninety six dollars for value rec’d & whereas afterwards, to wit. on the 10th of January in the year of our Lord 1820 at (to wit) in the County aforesaid, the said sum of money in said writing obligatory specified being then undue & wholly unpaid the said Stump & Cox by the description of Stump & Cox indorsed said writing obligatory to said plaintiff & thereby then & there ordered 
& appointed the sum of money therein specified to be paid to the said plaintiff for value rec’d & then & there delivered said writing obligatory to said Plaintiff of which said Several premises the said defendant afterwards (to wit) on the day & year last aforesaid at to wit. in the County aforesaid had notice By means whereof & by force of the statutes in such cases made & provided said defendant hath become liable & bound to pay to said plaintiff said sum of money in said 
Writing obligatory Specified according to the tenor & effect thereof. Yet said defendant, although often requested so to do hath not as yet paid to said plaintiff the said sum of money in said writing obligatory specified or any part thereof to said plaintiff but to pay the same or any part thereof to said plaintiff said defendant hat at all times hitherto wholly failed & refused & still doth refuse to the damage of said plaintiff one hundred dollars & therefore he sues etc. Wm B & P. 
Martin attos for Plff.

Page 100

Plea to wit. George Zachariah adj. Daniel Brein)
And now said George by attorney comes & defends the wrong & injury when etc. & says said plaintiff to have & maintain his action aforesaid against him ought not because he says that on the __ day of __ at to wit in the County of Lauderdale aforesaid he first received notice of the assignment of said writing obligatory in the plaintiffs Declaration 
mentioned (being long after the same became due) by the said Stump & Cox to the said Plaintiff and that before the notice thereof and after the said sum of money in said writing obligatory specified had become due to wit on the day of at Nashville in the county aforesaid he said plaintiff well & truly paid to the said Stump & Cox said sum of money above 
demanded with all interest which had then accrued thereon and this he is ready to verify wherefore he prays Judgment & that said plaintiff may be barred from having & maintaining his aforesaid action thereof against him. Coalter & Irvine atty.

 

Page 101


And said cause was continued till this term to wit the April term and being the fourteenth day of April 1826 came the parties by their attornies & defendant saying nothing in bar or preclusion of the plaintiffs action It is therefore considered by the Court that the plaintiff recover against said defendant the sum of ninety six dollars the debt in the plaintiffs declaration mentioned together with the further sum of forty four dollars & forty cents damages sustained by the plaintiff by reason of the detention of his said debt. Also his costs in this behalf expended.

Page 101

#1327
Peter Blow vs Campbell & Elms Debt

The State of Alabama
To the Sheriff of Lauderdale County Greeting

You are hereby commanded to take the bodies of William M Campbell & Daniel Elms partners & Tailors jointly connected under the firm & style of Campbell & Elms 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 1st Monday after the 4th Monday in September instant to answer Peter Blow of a plea that they render to him the sum of three hundred dollars & sixty dollars which to him they owe & from him unjustly detain to his damage 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 1st Monday after the 4th Monday in September instant. Witness Presley Ward Clerk of our said Court at office the 27th day of September 1825 and of American Independence the fiftieth year.  Issued 27th day of September 1825. Test P. Ward Clk. Upon the said Writ is the following cause of action to wit.


This action is founded on a promissory note executed by the defendants (by the description of Campbell & Elms) to the plaintiff on the 26th February 1825 for the payment of three hundred & sixty dollars one day after the date thereof. No bail required. Coalter & Irvine Attos Pro. Qr. Return to wit came to hand Sept 27th 1825. Executed the same day and 
copy left with him. M. Harkins, Shff. And on the 31st day of October 1825 the plaintiff by attorney filed his declaration as follows to wit. State of Alabama Lauderdale County. Circuit Court for said county Fall term 1825. Peter Blow by attorney 
complains of William M Campbell & Daniel Elms tailors and partners jointly connected under the firm & style of Campbell & Elms in custody etc. of a plea that they render to him the sum of three hundred & sixty dollars which to him they owe & from him unjustly detain. For this to wit. That heretofore to wit. on the 26th day of February 1825 at to wit in the county aforesaid the said defendants made their promissory note of that date, signed by them the said defendants, by the name & style of the said firm to wit by the description of Campbell & Elms and then & there delivered the said promissory note to the said Plaintiff whereby they promised to pay the said plaintiff one day after the date aforesaid said sum of three hundred & sixty dollars for value rec’d. Yet said defendants although often requested have not yet paid 
said sum of money to the plaintiff or any part thereof but the same to pay have hitherto wholly failed & refused & still do refuse to the damage of said plaintiff $100. therefore he sues. Coalter & Irvine attos. pro. Qr. And at the April term of said Court and being the thirteenth day of April 1826. Came the parties by their attornies and the defendants saying nothing in bar or preclusion of the plaintiffs action against them. It is therefore considered by the Court that the Plaintiffs 
recover against the defendants the sum of three hundred & sixty dollars the debt in the plaintiffs declaration together with the further sum of thirty two dollars & forty cents damages sustained by the plaintiff by reason of the detention of his said debt also his costs in this behalf expended.

Page 104

#1282
Peter Blow, Assignee vs Thomas Ross ) Debt

The State of Alabama
Lauderdale County

To the Constable or other lawful officer to execute You are hereby commanded to summon Thomas Ross if to be found in your county to appear before me or some other justice of the peace at my office in Florence on the 18th day of June next to answer a plea of debt to Peter Blow assignee of Levi Todd for the sum of thirty one dollars due by note. Herein fail not, and make due return of this warrant according to Law.  Given under my hand and seal this 8th day of June 1825. W G Brirn? Brien? J P (Seal) Cause of action to wit.


This action is founded on a note executed by the defendant to Levi Todd on the 12th of October 1824 for 31 dollars due on the 1st day of January which was legally assigned by said Todd to plaintiff the whole of which is due and unpaid. W G Brien J P Upon which is the following return to wit. Executed by me on 9th June 1825. Wm L Yarbrough Const(able) and upon said Warrant the following Judgment to wit. Judgment for plaintiff debt $32.15 June 18th 1825. Wm G Brien J P and hereupon issued the following Execution to wit. 

State of Alabama Lauderdale County. To W L Yarbrough or other lawful officer to execute and return. You are hereby commanded that of the goods and chattels of Thomas Ross if to be found in your county you cause to be made the sum of thirty two dollars 25 cents with interest from the Judgment till paid which Peter Blow recovered against him 
before me on the 18th of June for his debt together with 80 1/4 cents in that behalf expended besides the costs of this process and your fee for this service and have you the said monies to render unto the said Peter Blow at my office on the 24th day of July 1825 next when and where you shall make due return of this writ. Given under my hand and seal this 
24th day of June 1825. W G Breim? J P Upon which is the following debt $32.25. Warrant & Judgment 37 1/2 Service 50 Execution 12 1/2 Levy 50 Dock & Case? 30 1/4 Come to hand on the 24th June 1825. Wm L Yarbrough Const(able) Supersedeas Wm. L Yarbrough Const(able). Taken up by Cnts? (Constable?) to court Wm L Yarbrough Const. Petition 
for Centierare?? to wit The State of Alabama Lauderdale County) To the Honl Richard Ellis Judge of the 4th Juducial Circuit of the state of Alabama. The petition of Thomas Ross of said county respectfully represents to your Honor. That on the 24th June 1825 Peter Blow, assignee of Levi Todd recovered Judgment against your petitioner before William G Brein (an acting Justice of said county) for thirty two dollars & twenty five cents which Judgement was founded on a note given 
by your petitioner for the payment of cash notes. The magistrate unjustly gave Judgment for more than the amount of the note & interest when he should have sealed the contract to its specie value Your petitioner would have appealed to court within the time prescribed by Law but was then unable to give Security. Your petitioner states said Judgment & the execution since issued & Levied on his property to be unjust & oppressive on consideration whereof he prays your Honor to grant a writ of Certiori & Supersedias directed & commanding & returnable etc. Thomas Ross D. Hubbard Atto for the Plff.

The State of Alabama Lauderdale County
This day personally appeared before the undersigned an acting Justice of the Peace for said county the above named Thomas Ross & made oath that the facts stated in the above petition so far as they come in his knowledge are true & those from information he believes to be true sworn to & subscribed before me this 18th July 1825. Wm G Bruce? J Peace 
(Seal) The Clerk of the Circuit Court of Lauderdale County will let Writs of Centiorari & Supersedeas issue according to the above petition on the Petitioner entering into Bond in double the amount of the debt & costs. Richard Ellis 18th July 1825.

Bond for Centiorari & Supersedeas to wit. Know all men by these presents that we Thomas Ross and James Martin all of the County of Lauderdale and State of Alabama are held and firmly bound unto Peter Blow assignee of Levi Todd in the penal sum of sixty four dollars and fifty cents for the due payment whereof we bind ourselves our heirs etc.. Sealed with our seals and dated this 22nd day of July 1825. The condition of the above obligation is such that whereas the above bound Thomas Ross has this day prayed and obtained from the Judge of the 4th Judicial Circuit Court the Writs of Certierari and Supersedes from a Judgment rendered by William G Brein? esq. acting as Justice of the Peace for said County against the above bound Thomas Ross for the sum of thirty two dollars and twenty five cents, or thereabouts, and costs of suit in favor of the above named Peter Blow assigned ? by said Writs said proceeding is brought up to the next Circuit Court to be held for said county at the Court house in the town of Florence on the 1st Monday after the 4th Monday in September next. Now if the said Ross shall prosecute his said suit to effect or a failure thereof pay and satisfy the condemnation of the Court then this bond to be void, else remain in full force and virtue. Thomas Ross (Seal) James Martin (Seal)

Page 108


And on the 21st day of January 1826 the said plaintiff by his attorney filed his declaration as follows to wit. State of Alabama Lauderdale County) Circuit Court September term 1825. Peter Blow by attorney complains of Thomas Ross summoned? etc. of a plea of trespass on the case on ? For this to wit that the said Thomas Ross on the 12th Octr 1824 to wit in the county aforesaid made his promissory note of that date signed with his proper name there shown to the court whereby he promised to pay Levi Todd thirty one dollars in good notes on or before the first day of January next (after the date) and afterwards to wit on the day of to wit in the county aforesaid the said Levi Todd assignee over said promissory note the whole of which being then unpaid so said plaintiff by his written endorsement on the same of which assignment the defendant then & there had notice By means whereof an action hath occured? to said plaintiff to demand & have of said defendant said sum in said note specified according to its tenor & effect. Yet said defendant altho often requested hath never paid said sum in good notes or in cash or otherwise to said plaintiff but hath entirely failed to 
pay the same to his damage $50. therefore he sues etc.. Coalter & Irvine attos for Plff. 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 & the defendant withdrawing his plea says nothing in bar or preclusion of the plaintiffs action & the court be unadvised of the amount of damages, came Jury of good and lawful men to wit

Page 109

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

who being duly elected tried & sworn well and truly to assess the plaintiffs damages upon their oath do say that they assess the plaintiffs damages to thirty four dollars & ten cents. It is therefore considered by the Court that the Plaintiff recover against the defendant & James Martin his Security for the Centiarari the damages assessed by the Jury as aforesaid also his costs by him about his suit in this behalf expended.

Page 110

#1307
James Lassiter vs William W Garrard ) Debt

The State of Alabama

To the Sheriff of Lauderdale County Greeting

You are hereby commanded to take the body of William W Garrard 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 James Lassiter assignee of Peter Bertrand of a plea of trespass on the case to his damage 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 September next. Witness Presley Ward Clerk of our said Court at office this 20th day of August 1825 and of 
American Independence the 50th year. Issued 20th day of August 1825. Test P Ward Clerk Upon which is the following cause of action to wit. This action is founded on a due bill or promissory note executed by said defendant to Peter Bertrand on the 19th of April 1825 by which he acknowledged himself to be indebted to said Bertrand in the sum of sixty seven dollars twenty five cents in Tennessee & Huntsville bank notes, which due bill or promissory note said Bertrand assigned over to the Plaintiff. No bail required. Coalter & Irvine Attos Pro. Qr. Upon which is the following return to wit. Executed on the within defendant and copy left August 22nd 1825. M Harkins Shff. On the 30th day of December 1825 the plaintiff by attorney filed his declaration as follows to wit. State of Alabama Lauderdale County) Circuit Court Fall term 1825. James Lassiter assignee etc. by his attorney complains of William W Garrard in custody etc. of a plea of trespass on the case. For that the said defendant on the 19th day of April 1825 . To wit in the County aforesaid by his note or due bill under his hand of that date he acknowledged himself to be indebted to Peter Bertrand in the sum of sixty seven dollars & seventy five cents in Tennessee or Huntsville bank notes and being so indebted he then & there promised to pay the same upon request and afterwards to wit on the __ day of __ at to wit in the County aforesaid and before said sum or any part thereof was paid the said Peter Bertrand by his certain assignment in writing and in his hand conveyed all interest which he the said Peter had in & to said not or due bill to the said plaintiff of which assignment the said defendant then & there had notice by means whereof the said defendant became liable to pay to the plaintiff said sum of sixty seven dollars & seventy five cents in Tennessee or Huntsville bank notes according to the tenor & effect of said note or due bill yet said defendant although requested to pay said sum according to the tenor & effect of said note or due bill to wit on )) day of __ at to wit in the County aforesaid did not nor would he pay the same, but the same to pay hath entirely failed & refused & still refuses to the damage of the plaintiff $200. therefore he sues etc. Coalter & Irvine atto. Pro. deft.

Page 113


Demurer to wit.
And said defendant by attorney comes & defends the wrong etc. when etc. & craves oyer of said supposed due bill & it is read to him in words & figures following to wit. “$67.25 due Peter Bertrand sixty Seven dollars & twenty five cents in Tennessee & Huntsville bank notes. this 19th of April 1825.” W W Garrard And said defendant craves oyer of the cause of action endorsed on the original Writ in this case & it is read to him in words & figures etc. (here unjust cause of action endorsed on Writ). This action is founded on a due bill or promissory note executed by said defendant to Peter Bertrand on the 19th of April 1825 by acknowledge himself to be indebted to said Bertrand in the sum of sixty seven dollars twenty five cents in Tennessee & Huntsville bank notes which due bill or promissory note said Bertrand assigned over to the Plaintiff. No bail required. Coalter & Irvine Attos Pro Qr. which being read & heard said defendants says that said Writ & said declaration are not sufficient in Law to instill said Plff to his aforesaid action against said defendant & that he is not 
bound to answer wherefore for want of good & sufficient writ & declaration he prays Judgment of the same that said Plff. be barred. D Hubbard P. Q. Joinder in Dem(urer) Coalter & Irvine atto Pro. Plff. And at the April term of said court and being the 13th day of April 1826 came the parties by their attornies and after agreement being heard upon the defendants demurer to the Plaintiffs declaration & deliberation thereupon had it is considered by the court that said demurer be 
overruled & that a writ of inquiry be awarded to inquire of the Plaintiffs damages in this case whereupon came a Jury of good & lawfull men to wit

Page 114

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

who being duly elected tried & sworn well & truly to enquire of the said damages upon their oath do say that they assess the said plaintiffs damages to sixty six dollars & ninety four cents. It is therefore considered by the Court that the plaintiff recover against said defendant the damages assessed by the Jury as aforesaid also his costs in this behalf expended.” 

Page 115

#1108
William W Woods (use of David W McKee & Presley Ward) vs John Coffee, James Jackson & John McKinley (Trustees) ) Case

 

The State of Alabama
To the Sheriff of Lauderdale County Greeting

You are hereby commanded to take the bodies of John Coffee, James Jackson & John McKinley agents for the Trustees of the Cypress Land Company 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 September instant to answer William W Woods (who sues for the use of David W McKee & Presley Ward of a plea of Trespass on the case to his damage eight thousand dollars. Herein fail not and have you this writ at the Clerk’s office of said Court three days previous to the first Monday after the fourth Monday in September instant. Witness Presley Ward, Clerk of our said Court office this 27th day of September 1824 and of American Independence the forty ninth year. Issued 27th day of September 1824 Test P. Ward, Clerk. Upon the same is the following cause of action to wit. This action of assumpsit brought by the plaintiff to recover of the defendants, agents 
of the Trustees of the Cypress Land Company the value of the Carpenters work done upon the Court house in the town of Florence and finding lumber for the same upon a contract between said defendants and said Plaintiff. No bail required. Coalter & Irvine Attos for Plff. Return thereon to wit came to hand Septr 28th 1824. Executed same day on Jno. Coffee & James Jackson by delivering them each a copy of the within. J N Baker Shff By his Deputy A W H Clifton. At the September 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 declaration and thirty days thereafter for defendants to file plea. And the Plaintiff by attorney filed his Declaration as follows To wit 

State of Alabama Lauderdale County )
Circuit Court Term 1824.
William W Woods who sues for the use of David W McKee & Presley Ward by his attorney complains of John Coffee, James Jackson and John McKinley agents for the Trustees of the Cypress Land Company of a plea of trespass on the case.

Page 116


For that whereas heretofore to wit on the day of in the year of 182_ at Florence in the County of Lauderdale and State of Alabama, the said John Coffee, James Jackson & John McKinley agents for the Cypress Land Company were indebted to the said William Woods (who sues for the use of the said David W McKee & Presley Ward as aforesaid? (afs’d) in the sum 
of eight thousand dollars lawful money of the United States of America for the work and labour, care and diligence of the said William W Woods by him the said William W Woods before that time done performed & bestowed in and about the business of the said John Coffee, James Jackson & John McKinley as agents as aforesaid and at their special instance & request. And also for divers materials & other necessary things by the said William W Woods found & provided & used & applied in & about that work for the said James Jackson, John Coffee & John McKinley as such agents as aforesaid? & at the like special instance & request and being so indebted they the said James Jackson, John Coffee & John McKinley agents as aforesaid in consideration thereof afterwards to wit. on the day and year last aforesaid in the County aforesaid 
undertook and then & there faithfully promised the said William W Woods to pay him the said last mentioned sum of money when they the said James Jackson, John Coffee & John McKinley agents as aforesaid should be thereunto afterwards requested and whereas also afterwards to wit. on the day and year last aforesaid in the county aforesaid in consideration that the said William W Woods at the like special instance and request of the said James Jackson, John Coffee and John McKinley agents as aforesaid had before that time done performed & bestowed other his work and labour care and diligence in & about the other the business of & for the said James Jackson John Coffee & John McKinley as such agents as aforesaid also at the like special instance & request of the said James Jackson John Coffee & John McKinley agents as aforesaid before that time found and provided divers other materials & necessary things & used & 
applied the same in & about the said last mentioned work and labour they the said James Jackson John Coffee & John McKinley agents as aforesaid undertook & then & there faithfully promised the said William W Woods to pay him so much money as he therefore reasonably deserved to have of the said James Jackson, John Coffee & John McKinley agents as aforesaid when they the said James Jackson John Coffee & John McKinley agents as aforesaid should be thereunto afterwards requested. And the said William W Woods avers that he therefor reasonably deserved to have of the said James Jackson John Coffee and John McKinley, agents as aforesaid the further sum of eight thousand dollars of the like 
lawful money to wit. in the county aforesaid, wherof the said James Jackson John Coffee & John McKinley agents as aforesaid. Afterwards to wit. on the day & year last aforesaid there had notice and whereas also the said James Jackson John Coffee & John McKinley agents as aforesaid afterward, to wit. on the day & year last aforesaid in the county 
aforesaid were indebted to the said William Woods in the further sum of eight thousand dollars for the carpenters work & labour care and dilligence of him the said William W Woods by him the said William W Woods before that time done performed & bestowed in & upon the court house in the town of Florence & county aforesaid for the said James Jackson John Coffee & John McKinley agents as aforesaid and at their like special instance & request and also for divers materials and other necessary things by the said William W Woods found & provided & used & applied on & about that work and labour & for the said James Jackson John Coffee & John McKinley agents as aforesaid and at their like special instance & request and being so indebted they the said James Jackson John Coffee & John McKinley agents as aforesaid in consideration thereof afterwards to wit. on the day & year last aforesaid in the county aforesaid undertook & then & there faithfully promised the said William W Woods to pay him said last mentioned sum of money when they the said James Jackson John Coffee & John McKinley agents as aforesaid should be thereunto afterwards requested.

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And whereas also afterwards to wit. on the day and year last aforesaid in the county aforesaid in consideration that the said William W Woods at the like special instance and request of the said James Jackson John Coffee & John McKinley agents as aforesaid had before that time done performed and bestowed at his carpenters work and labour care & 
dilligence in & upon the Court house in the town of Florence in the County aforesaid for the said James Jackson John Coffee & John McKinley agents as aforesaid and had also at the like special instance and request of the said James Jackson John Coffee & John McKinley agents as aforesaid before that time found & provided divers other materials & 
necessary things and used & applied the same in and about the said last mentioned work & labour they the said James Jackson John Coffee & John McKinley agents as aforesaid undertook & then & there faithfully promised the said William W. Woods to pay him so much money as he therefor reasonably deserved to have of the said James Jackson John 
Coffee & John McKinley agents as aforesaid when they the said James Jackson John Coffee & John McKinley agents as aforesaid should be thereunto afterwards requested and the said William W Woods avers that he therefor reasonably deserved to have of the said James Jackson John Coffee & John McKinley agents as aforesaid the further sum of Eight 
thousand dollars like lawful money to wit in the county aforesaid whereof the said James Jackson John Coffee & John McKinley agents as aforesaid afterwards to wit. on the day & year last aforesaid in the county aforesaid had notice yet the said James Jackson John Coffee & John McKinley agents as aforesaid not regarding their said several promises and undertakings in this behalf made as aforesaid but contriving and fraudulently intending craftily & subtilty to deceive & 
defraud the said William W Woods in this behalf have not nor hath any or either of them as yet paid said William W Woods said several sums of money above demanded although often requested so to do but to pay the same or any part thereof to the said William W Woods have hitherto altogether refused and still do refuse to the damage of the said William W Woods of eight thousand dollars and therefore for the use of said David W McKee & Presley Ward he brings his suit. Coalter & Irvine P. Q. Harris & Dawson P. Q. On the trial Docket of said Court is the following to wit.

 

The Plff signs Judgment against the defendants for failing to plead or demurer to deal within the rule of court or according to Law. 26th September 1825. P Ward. And this cause was continued till this term and being the April term and 
the Eleventh day of April 1826. Came the Plaintiff by his attorney & says he is unwilling further to prosecute his suit in this behalf & dismisses the same. It is therefore considered by the court that the defendants recover against the sd plaintiff their costs in this behalf expended & be hereof discharged.

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#1385
Thomas W Edwards vs Chapple Sledge) Bill for Injunction

To the Honorable ___ one of the Circuit Judges for the state of Alabama in Chancery. Your orator Thomas W Edwards humbly complaining sheweth unto your Honour in the fall of the year 181_ your orator and Chappell Sledge, a citizen of Montgomery County Alabama & whom he prays may be made defendant to this bill entered into partnership in trade in 1817 which partnership continued untill the summer of the year following when they sold out & dissolved their partnership & it was agreed in the first instance that your orator should collect the debts due to the firm and with the proceeds discharge the debts against said firm Shortly afterwards your orator determined on moving to this state and by the consent of your orator and said defendant the collection of all monies due to the firm was delivered over to Sophus Staples and Henry Rhodes that when your orator left the State of Georgia there was collected and in the hands of Rhodes between two hundred & seventy, & three hundred dollars Your orator confidently expected that the debts due to the firm had been collected & by the proceeds those due from it settled & discharged until about the 11th June 1820 said defendant came to the house of your orator in Lauderdale County that? on a settlement at that time between your orator and said defendant from the memory and verbal statement of both parties there appeared to be a balance against your 
orator of eight hundred and sixty eight dollars and sixty three cents for which your orator executed to him a note for that amount that at the time of the execution of said note it was agreed between your orator and said defendant that they were to meet in the State of Georgia on the Christmas following and then come to a final settlement and that if any 
mistakes or errors were in the settlement that was then made it should on said meeting be rectified & that he would hold the note of your orator until that time or if he should trade or transfer it that he would receive but one half on any monies that might be collected and in the hands of their attornies in the state of Georgia.

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Your orator states to your honour that without the aid of books or accounts by them left in the state of Georgia by which he expected to have made a correct and final settlement that he has ascertained that there was a mistake in the amount for which said note was executed for about between one hundred & twenty five (& fifty) dollars that said defendant in violation of their understanding placed said note in the hands of an attorney and had suit instituted immediately. The said defendant then parted? posted? off to the state of Georgia and as your orator is informed and believes has drawn from their said attornies every cent by them collected or in their hands without giving credit to your orator for any part of it. Your orator states that he is at this time unable to state the amount collected by Staples & Rhodes or how much this defendant has received but there was left in the hand of said Staples and Rhodes for collection somewhere about twenty five hundred dollars. Your orator states as his firm belief that there are more than sufficient of said claims left for collection in the hands of Staples & Rhodes than would be sufficient to satisfy the balance if any from your orator to said defendant & that that belief was expressed by said defendant on the execution of said note one half of which belonged to your orator the other half to this defendant.

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That from the length of time said monies have been in hands for collection and the solvency of the amounts together with the conduct of said defendant in this transaction contrary to his express stipulation that any mistake in the aforesaid note should be set right and that he would hold it until a final settlement or that he would draw but one half of what might be collected of the firm debts. Your orator verily believes that if he has received all the monies collected which he is informed he has he has received as much more than his share as would on a fair settlement be equal to what your orator would be due to him. That said defendant has prosecuted suit on said note to Judgment and under the foregoing circumstances has caused an Execution to issue and is about to be levied on the property of your orator All which actings and doings are contrary to equity and good conscience and tend very much to prejudice injure Harrass & oppress your orator.

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In tender consideration whereof and in as much as he is without relief but in your Honourable Court. To the end therefore that said defendant may on his corporal oath there? & perfect answer make to all and singular the allegations as stated above & more particularly whether or not said defendant did not on the execution of said note agree that if there was any mistake in said settlement that the same should be rectified & made right, whether he did not agree or was it not their understanding that he would hold said note until they should meet in the state of Georgia on Christmas following that they might come to a final settlement & that if he should part with said note if he went to the State of Georgia that he would not draw more than one half what might be collected and in the hands of their said attorney whether he did not at the time of the execution of said note know that there was a mistake in their calculations of about one hundred & twenty five dollars or from there to fifty dollars or if he did not then has he not since ascertained that fact? or does he not now know if whether or not he has not since said settlement drawn monies from their attornies Staples & Rhodes & how much.

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May it please your Honour to grant a Writ of Subpoe (subpoena?) directed etc. and that all further proceedings at Law may be injoined until the premises can be heard in Chancery and that your Honour will grant such other and further relief as may be consistent with equity and the justice of his case . G Coalter Atto. State of Alabama Franklin County Solict This day Thomas W Edwards personally appeared before the undersigned and made oath that the facts stated in the foregoing bill as it relates to himself are true and as it relates to others he believes them to be true. Tho. W Edwards Subscribed and sworn to before me this 7th day of Jan. 1822. Richard Ellis Judge of the 4th Judicial Circuit State of Alabama The Clerk of the Circuit Court of Lauderdale County You are hereby directed to let writs of Injunction issue according to the prayer of the within bill on condition the deft release all errors at Law in your office and enter into bond and Security as the Law directs. Given from under my hand this 7th day of January 1822. Richard Ellis Judge of the 4th Judicial Circuit State of Alabama Filed 17th day of January 1822. Bond to wit.

 

Know all men by these presents that we Thomas W Edwards and Gray H Edwards are held firmly bound unto Chappel Sledge in the sum of Eighteen hundred & fifty two dollars & seventeen cents to the true payment of which we bind ourselves our heirs etc. jointly severally firmly by these presents. Sealed with our seals and dated this 17th day of January 1822. Void on condition that the said Thomas W Edwards above bound shall prosecute to effect his suit in Chancery against Chappel Sledge for the purpose of setting aside Judgment at Law for Debt damages & costs amounting to nine hundred & twenty six dollars 8/2 cents wherein said Sledge was Plaintiff & said Thos. W Edwards defendant or in case he 
fails therein to satisfy & pay the decree of said court. Tho. W Edwards (Seal) Gray H Edwards (Seal)

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Injunction to wit. The State of Alabama To the Sheriff of Lauderdale County & to Chappel Sledge his agents and attornies Greeting. Whereas Thomas W Edwards hath this day filed a bill in Equity in my office from the Honourable the Judge of this Circuit Court for said County to stay all further proceedings on a Judgment that the said Chappel Sledge at the April term 1821 of said court recovered against the said Thomas for the sum of eight hundred & sixty eight dollars eighty five cents damages with costs of suit. Therefore by the order of said Judge & for the reasons set forth in said bill you are hereby strictly enjoined and commanded to stop and stay all further proceedings on said judgment or the Execution that has issued by virtue of said Judgment until the matters & things contained in said bill in Equity filed shall be heard and a decree awarded therein. Witness Presley Ward, Clerk of our said Court at office this 17th day of January 1822 & forty 
sixth year of American Independence. 17th day of January 1822 Test J Irvine Dbbl? for P Ward Clk Upon which is the following return to wit.

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Recd Jan 28th 1822 C B Rountree Shff Chappel Sledge his agent or attornies is not found in my county. 28th March 1822 C B Rountree Shff Subpoena in Chancery as follows to wit.

 

The State of Alabama 

To the Sheriff of Lauderdale County Greeting.

You are hereby commanded to summon Chappel Sledge if to be found in your County to appear before the Judge of our next Circuit Court to be held for Lauderdale County at the Court house in Florence on the first Monday after the fourth Monday in October next then & there to answer Thomas W Edwards on a bill in Equity filed against the said Chappel Sledge. Witness Presley Ward, Clerk of our said Court at office this 17th day of January 1822 and of American Independence the forth sixth year. The 17th Janry 1822 Test J. Irvine Dbbl. for P Ward Clk Upon the same is the following return to wit. Recd Jan. 28 1822. C B Rountree Shff Not found in my county the 28th March 1822. C B Rountree Shff. And at the April term of said Court and being the third of April 1822 on motion of the complainant by his council and it appearing to the satisfaction of the court that Chappel Sledge the defendant in this cause is not an inhabitant of this state It is therefore ordered by the court that publication be made of this order in some newspaper printed in Huntsville of Florence for four weeks successively commanding said defendant to appear at the next term of this court and answer said Bill of complaint or that said Injunction will be made perpetual. And on the first day of October 1822 the defendants answer was filed as follows to wit. Thomas W Edwards vs Chappell Sledge) In Chancery. The answer of Chappel Sledge to the bill of complaint of Thomas W Edwards. The said defendant saving and reserving to himself now and at all times 
hereafter all and all manner of benefit and advantage of exception to the manifold uncertainties and imperfections in the complainants said bill of complaint contained for answer thereto or unto so much thereof as materially concerning this defendant to make answer unto he answereth and saith. That he did agree to meet the said Complainant in Georgia on 
the Christmas following but not as complainant states for the purpose of rectifying any mistake that might be in the amount of the note then given by said complainant to said defendant but for the purpose of coming to a settlement concerning another claim which said defendant had and still has against said complainant for about twelve hundred dollars and this defendant further says that he did not agree to hold said not until said meeting but on the contrary told said complainant that he would institute a suit on said note before he left the state and the deft further answering saith that there was nothing agreed upon between them as to the moneys which might be collected by Staples and Rhodes and that he has not drawn one dollar from said Staples and Rhodes but on the contrary has had to advance money from his private funds to pay the costs on cases instituted in favor of said firm by their attorney Stophus Staples against persons who have proved insolvent the money collected by said attorney for said firm being insufficient to discharge 
the same and that all the monies collected by Rhodes was retained by him in discharge of a debt due by said firm to said Rhodes for house rent and this defendant says that he has had to advance money at another time for the payment of a debt of about four hundred dollars contracted by said complainant in the name of the firm without the knowledge or 
consent of this defendant and this defendant says that upon a final settlement he believes that said complainant would be indebted to said defendant in and about the sum of sixteen hundred dollars exclusive of the amount pending in this said bill of said complainant this defendant further answering saith that he did not at the execution of the said note know of any mistake in the same neither has he since discovered any nor does he believe that there is any mistake in said note at all neither did he agree to hold said note any particular length of time nor did he agree if he should transfer it to draw only one half of the monies which might be collected by their attorneys Staples and Rhodes and this defendant again states that he has not drawn one dollar from said attorneys all which matters and things this defendant is ready to aver and prove as this honorable court shall direct and award and humbly prays to be hence dismissed with his reasonable costs and charges in this behalf most wrongfully sustained. Ebenezer Fitus? counsel for defendant.

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The State of Alabama Autauga County
This day Chappell Sledge personally appeared before the undersigned and made oath that the facts stated in the foregoing answer as relates to himself are true and as it relates to others he believes them to be true. Chappell Sledge. Subscribed and sworn before me this 13th July 1822 John Pettles (Pittles?) J P At the October term of said court & being the 10th day of October 1822 on motion of complainant by his council it is ordered by the court that this cause be set for hearing at the next term of this court with leave for each party to take depositions. And at the September term of said 
court and being the 4th day of October 1823 Came the parties by their attornies and on motion of the defendant to dissolve the Injunction in this cause and the same being argued and by the court fully understood it is ordered & decreed that the injunction be dissolved and that the defendant have execution upon his Judgment at Law and it is further 
ordered and decreed that the defendant in this bill recover against the complainant the sum of fifty four dollars fifty six & 3/4 cents in damages being six per centum on the Judgment at Law. And said cause was continued till this term to wit the April term and being the 11th day of April 1826. Came the parties by their attornies, and the bill & answer being seen & ?misprinted? by the court & the matters & things contained therein, understood & deliberation had, It is ordered adjudged & decreed by the court that said Bill be dismissed & that the defendant recover against the Complainant the costs in this behalf about his defence expended.