Final Record Civil & State Circuit Court

1825 - 1826

Pages 137 - 182

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

Page 137

#864
George Cockburn vs Walden Fuller ) Case

The State of Alabama
Lauderdale County Greeting

You are hereby commanded to take the body of Waldon Fuller wherever he may be found in your county and him safely keep so that you have his body before me 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 the present month of September to answer George Cockburn of a plea of trespass on the case to his damage $2000. dollars. Herein fail not, and have you this writ at the office of the Clerk of said Court three days previous to the 5th Monday in September instant. Witness Presley Ward, esq Clerk of our said Court at office this 8th day of September 1823 and of American Independence the forty eighth year. Test P. Ward, Clk Issued 8th day of September 1823. 

Page 138


This action is brought by the plaintiff to recover from the defendant one fourth part of a prize of $5000. drawn in the Masonic lottery drawn in Lexington Kentucky. No bail required. McKinley & Hopkins. Upon which is the following return to wit. Came to hand the 10th September 1823 & Executed the same day Deft a copy. J N Baker Shff by James Coalter DS. At said September term and being the third day of October 1823. It is ordered by the court that sixty days be allowed to 
file declarations and thirty days thereafter declarations and pleas from the rising of the court on the 29th day of March 1824. The plaintiff by his attorney filed his declaration as follows to wit.


State of Alabama 4th Circuit Lauderdale County.
George Cockburn complains of Walden Fuller in custody & of a plea of Trespass on the case for that whereas on the __ day of __ 1822 at the Circuit & County aforesaid in consideration that he the said George Cockburn at the special instance & request of him the said Walden Fuller had agreed to pay one fourth part of the purchase & costs of ten lottery tickets in the Masonic Lottery then drawing in the town of Lexington & State of Kentucky to wit. the sum of twelve & a half dollars when said tickets should be drawn out of said Lottery. He the said Walden Fuller promised & agreed to purchase ten tickets in said Lottery to be held by him the said Walden Fuller on the joint amount & risque of him the said 
Walden Fuller & him the said George Cockburn. And he the said Walden Fuller then & there agreed & promised to allow & pay to the said George Cockburn one fourth part of any prize or prizes that might be drawn in said lottery on amount or by any of said tickets to be purchased as aforesaid. And the said George Cockburn in fact says that the said Walden Fuller in persuance of said promise & agreement on the day & year & the Circuit Court & County aforesaid did purchase ten tickets in said lottery at the sum & price of fifty dollars to be paid by said Walden Fuller when said lottery tickets should be drawn as aforesaid & to be held by him as aforesaid. And he the said George Cockburn further says that afterwards to wit on the day of ___ at Lexington aforesaid to wit in the Circuit aforesaid said Lottery tickets were drawn out of said

Lottery & that one of said ten tickets purchased as aforesaid by the said Walden Fuller drew the the said Walden Fuller the holder thereof received on account of him the said Walden Fuller & the said George Cockburn the prize & sum of five thousand dollars. And afterwards to wit on the __ day of __ at the Circuit & County aforesaid the said George Cockburn was ready & willing & then & there tendered & offered to pay to the said Walden Fuller said sum of $12. & fifty cents one fourth part of the price & costs of said ten lottery tickets to ? which he the said Walden Fuller then & there wholly refused & the said George Cockburn in fact further says that he hath always from the time of drawing of said Tickets as aforesaid been ready & willing to pay to the said Walden Fuller said sum of $12 & fifty cents & now brings the same here into court ready to be paid to the said Walden Fuller if he will accept the same. By mean whereof the said Walden Fuller became liable to pay to the said George Cockburn one fourth part of said prize of $5000. drawn as aforesaid amounting to the sum of $1250. & being so liable he the said Walden Fuller in consideration thereof on the day & year last aforesaid 
at the Circuit & County aforesaid assumed upon himself undertook & faithfully promised to pay to the said George Cockburn said sum of $1250. when he should be thereunto afterwards requested. And afterwards to wit on the day & year last aforesaid at the Circuit & County aforesaid the said Walden Fuller was indebted to the said George Cockburn in another & further sum of $1250. for so much money by him the said Walden Fuller before that time had & received to the use of him the said George Cockburn & being so indebted he the said Walden Fuller in consideration thereof then & there assumed upon himself undertook faithfully promised to pay to the said George Cockburn said last mentioned sum of $1250. when he should be hereunto afterwards requested. Yet the said Walden Fuller although after requested so to do hath not yet paid to the said George Cockburn said several sums of money above demanded or any part thereof. But to pay to the said George Cockburn said several sums of $1250. he the said Walden Fuller hath wholly failed & refused & still doth fail & refuse to pay to said George Cockburn said several sums of $1250. to his damages two thousand dollars & therefore he brings his suit. McKinley & Hopkins PQ Non assumpsit Coalter & Martin for Defts. & issue McKinley & Fulton.

And said cause was continued until this term to wit. the April term of said court and being the fifth day of April 1826. This day came the parties by their attornies & came also a Jury of good and lawful men to wit.

Page 142

Samuel Brown
Thomas Williams
John Floyd
William King
John H Cornish
John Curtis
Cornelius Carmack
Henry B Mitchell
Joseph Price
Martin Looney
Daniel Wilcoxson
James A McMahon

 

who being duly elected tried & sworn well & truly to try the issues joined upon their oath do say that they find the issues in favour of the plaintiff and assess his damages to six hundred & ninety one dollars and ninety three & three fourth cents. It is therefore considered by the court that the plaintiff recover against the defendant said sum of six hundred & ninety one dollars ninety three & three fourth cents the damages assessed by the Jury as aforesaid also his costs in this behalf expended & the defendant by his attorney enters a motion for a new trial in this case and on the fifteenth day of April 1826 on motion of the defendant by attorney for a new trial in this case & argument heard thereon It is considered by the court that sd motion be overuled.

Page 143

#683
Jessee U Evans vs Samuel E McCabe ) Case

 

The State of Alabama, Lauderdale County Greeting

You are hereby commanded to take the body of Samuel E McCabe 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 Jessee W Evans of a plea of trespass on the case to his damage one hundred & fifty 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 March next. Witness Presley Ward esq. Clerk of our said Court at office the 14th day of December 1822 and of American Independence the fourth 7th year. Test. Presley Ward Clk. Issued day __ of 182_.

Cause of action to wit. This action is commenced by the plaintiff to recover of the defendant damages for fraudulently & deceitfully passing to him a horse for a sound horse which was unsound & of no value. George Coalter atto P. Qr. Return hereon to wit. Came to hand & Executed the same day. Decr. 14th 1822. Jos. N Baker Shff By his Deputy James Coalter.

At the March 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 tenth day of July next to file declarations & thirty days thereafter to file pleas. Declaration filed to wit. Lauderdale Circuit Court March term 1823. Jessee W Evans by his attorney complains of Samuel McCabe in custody etc. of a plea of trespass on the case etc.. For that whereas heretofore to wit on the __ day of __ and in Lauderdale County aforesaid in 
consideration that the plaintiff would buy of the defendant at his said defendants special instance and request a certain horse for a large sum of money to wit the sum of one hundred & fifty dollars he the said defendant undertook & then & there faithfully promised the plaintiff that said horse was sound & healthy and that he was not more than __ years old.

And the plaintiff in fact says that he confiding in the promise & undertaking of the said defendant then and there & in the county aforesaid did buy the said Horse of & from the said defendant at & for said price or sum of money whereas in truth & in fact said Horse was unsound & diseased insomuch that he was of no value & was at least __ years old and always remained unsound & diseased & of said unsoundness died & then the said defendant on the day and year aforesaid & in the county aforesaid falsely & fraudulently deceived said Plaintiff. And whereas afterwards to wit on the day and year aforesaid & in the county aforesaid the said plaintiff had bargained with the said defendant for one other horse & the said defendant well knowing the said last mentioned horse to be diseased & unsound & to be much older than said defendant then represented him to be on the day and year aforesaid & in the County aforesaid by warranting the said last mentioned horse to be sound & free from any disease or impediment whatever & to be but __ years old fraudulently & deceitfully sold said last mentioned horse to the plaintiff for a large sum of money to wit for one other sum of one hundred & fifty dollars whereas in truth in fact said last mentioned horse was deceased? (diseased?) distimpered & unsound of the age of __ & that said last mentioned horse has since of said unsoundness become of 
no value but has been of great expence to the plaintiff in seeking? & in endeavoring to have said horse cured of said disease & distemper to wit. in the county aforesaid and thus the said defendant on the day & year aforesaid & in the county aforesaid falsely & fraudulently deceived said Plaintiff whereby he says he is injured & hath sustained damage to $150. therefore he brings his suit. George Coalter Atto. Pro. Qr. upon which is the following plea to wit.

Page 140


And the said defendant comes & defends the wrong & injury when & for plea says the plaintiff his action aforesaid to have & maintain against him ought not because he says he did not promise & assure in manner & form as the plaintiff in pleading against hath alledged & at this he puts himself upon the country. McKinley & the plaintiff likewise George 
Coalter atto. And said cause was continued till the April term of said court and being the 8th day of April 1825. Came the parties by their attornies and hereupon came also a Jury of good & lawful men to wit

Page 146

Daniel White
George Simmons
George Kitchen
Joseph Bigger
Amos Ives
John Robertson
Bennet Yillivan??
William Hickman
Thomas Barret? Barnet?
Bennet Rose
Elijah Shelton
Jacob Young

 

who being duly elected and impannelled sworn and charged well and truly to try and the truth to speak upon the said issue found after hearing the evidence adduced by the parties and the arguments of counsel as much in favor of the defendant as the plaintiff retired to consider of their verdict & return into court and say they cannot agree, whereupon by consent of the parties with leave of the court Daniel White one of the Jurors aforesaid is withdrawn and the remainder of the Jurors aforesaid from rendering their verdict are respited?? and the cause is continued until the next term of this court. And at October term of said Court and being the fifth day of October 1825. This day came the parties by their attornies and thereupon came also a Jury of good and lawful men to wit.

Page 147

William George
George Smart
Hilve Curtis
Isaac Creamer
Jonathan Rhodes
John Henderson
Matthais Richardson
Abner Hendrix
William Fanning
William A Williams
Thomas Davis
Nathaniel Henderson

who being elected tried impannelled and sworn were and truly to try and the truth to speak upon said issue joined, after hearing the evidence and arguments of council as well in favor of the Plaintiff as for the defendant retired to consider of their verdict and returned into court and say they cannot agree upon their verdict whereupon by consent of the parties and with the assent of the Court Jonathan Rhodes one of the Jurors aforesaid is with drawn and the remainder of the Jurors from rendering a verdict are discharged and cause continued. And on motion of the defendant by his attorney and it appearing to the satisfaction of the court that the plaintiff in this cause is an Inhabitant of another Government. It is ordered by the court that unless the said plaintiff give security for the prosecution of this suit within sixty days after the rising of this court the same will be dismissed. And at the April term of said court and being the fourth day of April 1826. It appearing to the satisfaction of the court that the plaintiff in this cause is a nonresident & that an order was made at the last term of this court that the said plaintiff give security for prosecuting his suit in sixty days after the rising of the same or said cause would be dismissed and the said plaintiff having failed to give security It is ordered by the court that said cause be dismissed & the said defendant recover against said plaintiff his costs about his defence in this behalf expended and go hence without day.

Page 149

#767
Alfred Norman vs William George ) Debt

State of Alabama Lauderdale County
To the Sheriff or other lawful officer to execute and return You are hereby commanded to summon William George 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 2nd of November next to answer a plea of debt to Alfred Norman for the sum of forty five dollars & fifty cents due by notes. 
Herein fail not and make return of this warrant according to Law. Given under my hand and seal this 22nd day of October 1822. William S Fulton J.b.l (Seal)

Founded on a note dated 2nd March 1822 & due six months after date. William S Fulton J.C.C. upon the said Warrant is the following return to wit. Rect & Executed Oct. the 22, 1822 S McClure Const and Judgment thereon as follows to wit. Judgment for Plaintiff November 2nd 1822 Debt $215.50 costs 1.31 1/4 William S Fulton JbC? Petition for Centeirari and 
Suprosedeas to wit

The State of Alabama Lauderdale County )
To the Honorable Richard Ellis Judge of the 4th Judicial Circuit in the state.

The petition of William George a carpenter at to wit. in the town of Florence state aforesaid sheweth to your Honor that on or about the 7th Sept 1821 your petitioner entered into a written agreement with a certain Alfred Norman whereby it was agreed that on condition the said Norman would work as journeyman for your petitioner for the space of one whole year then next ensuing Your petitioner would execute his promissory note with Security for the payment of $300. at the expiration of the year in which said agreement. It was expressly agreed that Norman was not to (be) paid unless he worked the whole year. Your petitioner in conformity with said agreement made his said note together with one John 
Cox as Security for the payment of the aforesaid sum of $300. twelve months thereafter and delivered the said note into the hands of a D. (Dr.?) C P Payne of Florence to be by him delivered up to said Norman when he had completed his years work. Said Norman commenced and worked about five months for your petitioner when without any cause he quit for 
the space of two weeks & demanded settlement with your petitioner as to the work already done. This your petitioner refused to do unless the said Norman would work out the balance of the year say seven months.

Page 151


The said Norman then made an additional written contract with your petitioner dated on or about the 2nd day of March 1822 wherein it was agreed between them that on condition said Norman work seven months (being) the balance of the year your Petitioner would give his note for sixty dollars as a compensation for the work that had been done by said 
Norman previously done & would further pay unto the said Norman twenty five dollars per month payable monthly for the balance of the year and also the said Norman was to give up said first mentioned note of $300. to be cancelled.

Your petitioner states that on his part he kept fulfilled his part of the agreement in every particular. But that the said Norman broke his said agreement within about a month by entirely quitting the work of your petitioner. And that a short time thereafter said Norman sold the said note for $60. which your petitioner had executed on condition he finished his years work to a certain James Brittain who about the 2nd November last. (last.) brought suit against your petitioner and before William S Fulton acting as Justice of the Peace for said county recovered a Judgment thereon since which time an Execution has been issued for the sum of $45 50/100 dollars, the remaining balance of said & costs of suit directed against the property of your petitioner.

Page 152


Your petitioner further states that he had last said contracts above mentioned at the time that said suit was tried & determined nor could he make any other legal defence for the want thereof. That since which time (but after the expiration of the time allowed by Law for him to appeal from said decision) your Petitioner has found both of the aforesaid contracts by which he will be enabled to prove that the consideration for which said note was given has entirely failed & your petitioner thinks he will be able also to prove that at the time the said Norman made the second contract he intended to defraud your petitioner by leaving his employ & business immediately & in as much as your 
petitioner is without remedy except by the interference of your Honor your petitioner prays (the premises considered) that your Honor will grant a writ of Certiorari Suprosedeas directed to etc. Commanding etc.

Page 153

 

This day personally appeared before me Isaac Southworth an acting Justice of the Peace for said county William George and made oath that the matters & things in the above petition as the same are set forth are true to the best of his knowledge & belief. Sworn & Subscribed to at Florence 28th Febry 1823. Wm George (Seal) before Isaac Southworth J P 
(Seal).

The Clerk of the Circuit Court of Lauderdale County is hereby directed to issue the writ of Centirari? and Supersedeas awarding to the prayer of the within petitioner on condition the petitioner execute bond and Security in your office as the Law directs. Given from under my hand this 1st day of March 1823. Richard Ellis, Judge of the 4th Judicial Circuit State of Alabama Bond To wit.

 

Know all men by these presents that we William George & John Cox are held & firmly bound unto Alfred Norman in the sum of ninety one dollars which sum well & truly to be paid. We bind ourselves & each of our heirs jointly & severally firmly by these presents Sealed with our seals & dated this 6th day of March 1823. The condition of the above obligation is such that whereas the said William hath prayed & obtained of the Judge of our Circuit Court the Writs of Certiorari & Supersedeas to stop & bring up to our next Circuit Court a Judgment which said Norman obtained against the said William before William S. Fulton, esquire for the sum of forty five dollars & fifty cents sometime in November last in order that the same may be heard in our next Circuit Court held for Lauderdale County at the Court house in Florence on the 
first Monday after the fourth Monday in March instant. Now if the said William George should well & truly prosecute said suit to effect or in case of failure therein shall pay & satisfy the Judgment of said court then the above to be void otherwise to remain in full force & virtue. Given under my hand & seal the day & date above written. William George 
(Seal) John Cox (Seal) Test. J. Irvine Dbbl.

Page 154


Certiorari to wit.
The State of Alabama
To William J Fulton Esquire Judge of Lauderdale County Court Greeting.

William George hath prayed & obtained of the Judge of our Circuit Court for the 4th Judicial Circuit the writs of Certiorari & Supersedeas on the Judgment rendered by you in favor of Alfred Norman & against the said George for the sum of forty five dollars & fifty cents, and the said George having bond with Security as the Law directs you are therefore hereby commanded that distinctly & openly you send up to our next Circuit Court held for Lauderdale County at the Court house in Florence on the first Monday after the fourth Monday in March instant all the papers in & about said suit under your hand & Seal that further proceedings may be had therein & that Justice may be done. Witness Presley Ward, Clerk of our said Court at office the 6th day of March 1823 and of American Independence the 47 year. Test J Irvine Dbbl for P 
Ward, Clk 6th day of March 1823.

Page 155


Return to wit. Executed this 11th day of March 1823. Jos. N. Baker Shff 
By his Deputy James Coalter. Supersedeas to wit.

The State of Alabama
To the Sheriff of Lauderdale County & to all sworn officers of sd county 
Greeting
Whereas William George hath prayed & obtained from the Judge of our Circuit Court the Writs of Certiorari & Supersedeas to stop the proceedings on a Judgment which Alfred Norman obtained against the said William George before William S Fulton esquire for the sum of forty five dollars & fifty cents and the said George having given bond with Security as the Law directs. You are therefore hereby commanded to stop and utterly forbear from proceeding in said cause until the maters & things therein contained shall be heard & determined in our next Circuit Court held for said county at the court house in Florence on the first Monday after the fourth Monday in March instant. Herein fail not & have then there this Writ. Witness Presley Ward, Clerk of our said court at office the 6th day of March 1823 and of American Independence the forty seventh year. Test J. Irvine, Dbbl for P Ward Clk JP? 6th day of March 1823. Return to wit. Executed this 20th March 1823. Jos N. Baker Shff By his Deputy James Coalter.

Page 156


At the said March term and being the second day of April 1823. A Rule of Court to enlarge the time of pleading viz. till the tenth day of July next to file Declaration & thirty days thereafter to file pleas. Declaration to wit. Alfred Norman vs William George) on Certiorari. The said Alfred Norman says that the said William George is justly indebted to him in the sum of forty five dollars & fifty cents the balance of a note executed by said George payable to the plaintiff for the sum of 
fifty eight dollars & fifty cents seven months after date & dated 2nd day of March 1822 which sum of $215 50/100 remains unpaid & for which he prays Judgment McKinley Plea to wit. nil Debit & failure of consideration Hubbard issue McKinley.

And this 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 & came also a Jury of good & lawful men to wit.

Page 157

Thomas Williams
John Floyd
James A McMahon
Cornelius Carmack
John H Cornish
Daniel Brice
Ephraim Sheffield
Eli W Kerr
Thomas McKerley
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 that they find the issues in favour of the plaintiff & find that the defendant doth owe to the said plaintiff the sum of forty five dollars and fifty cents the debt in the declaration mentioned and assess the plaintiffs damages for the detention of said debt to twelve dollars & twenty one cents. It is therefore considered by the Court that said plaintiff recover against said defendant and John Cox his Security for the Certiorari the debt and damages aforesaid by the Jury in form aforesaid found. Also his costs in this behalf expended Pending the trial of this cause the defendant by his attorney filed his bill of exception which was signed & sealed and ordered to be made a part of this record.

Page 158


Bill of Exception to wit.
Alfred Norman vs Wm George Pleas nil Debit & failure of consideration on the trial of this cause the defendant proved by parole that a contract had existed between the plaintiff & defendant that the plaintiff had agreed to work for the defendant one year at or about the expiration of five months the parties made a new contract & in consideration that the plaintiff would agree to work with the defendant seven months the balance of the year the defendant agreed to & did execute the note for the five months already past & the old contract cancelled by which the plaintiff claims herewith made part of this bill marked A & also made a contract herewith marked a part of this bill marked B for the seven 
months & that after said note was executed the plaintiff then offered to prove that he executed this in consideration that plaintiff would work the 7 months. The plaintiff refused to work out the seven months agreed to which opinion as to the consideration or condition the defendant excepts. J M Taylor (Seal)

Page 159


B. An article of agreement entered into this second day of March 1822 between Wm. George of the one part and Alfred Norman of the other. Witnesseth that the said Norman has this day agreed with Wm George to work for him seven months at seventy five dollars for each month until the time of seven months be expired and the said George agrees to pay the said Norman at the end of every month in cash provided he can so make his arrangements. If not to pay him by note or notes or in such goods as the said Norman may want at the end of every month. Alfred Norman (his mark) (Seal) Wm George (Seal) Attest William R. Wood (This is all that was written about this case. msw)

Page 160

#833
George W Bruce vs Samuel Alden ) Case

The State of Alabama
To the Sheriff of Lauderdale County Greeting

You are hereby commanded to take the body of Samuel Alden wherever he may be found in your county and him safely keep so that you have his body before the Judge of our next Circuit Court to be holden for said county at the Court house in the town of Florence on the 1st Monday after the 4th Monday in September next to answer George W Bruce of a 
plea of Trespass on the case to his damage one thousand five hundred dollars. Herein fail not and have you this Writ at the office of the Clerk of said Court three days previous to the 5th Monday in September next Witness Presley Ward Esq. Clerk of our said Court at office the 2nd day of May 1823 and of American Independence the forty seventh year. Test J Irvine Dbbl for P Ward Clk Issued 2 day of April 1823. Up(on) the same is the following cause of action to wit.

 

This action is commenced by the Plaintiff to recover of the defendant damages in assumpsit for money advanced, goods wares & merchandize sold & delivered by the plaintiff to the defendant & money loaned, etc. Bail required for the sum of nine hundred & sixty four dollars & three cents agreeable to an affidavit of said plaintiffs agent filed in the Clerks office of Lauderdale County. George Coalter Atto. P. Q. Return thereon to wit.

 

Came to hand 2nd May 1823. Executed the same day. 

Came to hand and delivered a copy. J N Baker Shff of Lauderdale. By his Deputy J W Byrn.

Page 161


(Note in margin: “Bail bond here instead of (on page) 164”) At the September term of said Court and being the third day of October 1823. It is ordered by the Court that sixty days be allowed to file declaration and thirty days thereafter to file Replications and pleas from the rising of the Court. And the 19th day of February 1824 the plaintiff by attorney filed his Declaration as follows to wit. Lauderdale County Circuit Court September Term 1823. George W Bruce by his attorney complains of Samuel Alden in custody of a plea of trespass on the case. For this that heretofore to wit on the __ 
day of __ at and in the county of Lauderdale aforesaid said defendant was indebted to the plaintiff in the sum of fifteen hundred dollars on amount of work & labour, care & diligence done & performed by said plaintiff in and about the business of said defendant and also for goods, wares & merchandize before that time sold & delivered, money 
loaned & money paid & advanced to & for the use & benefit of said defendant at his special instance & request and being so indebted he said defendant in consideration thereof assumed upon himself & then & there promised said plaintiff that he would well & truly pay to him said sum of money whenever he should be thereunto afterwards requested to wit. in Lauderdale County aforesaid. And whereas afterwards to wit on the day & year last aforesaid & in the county of Lauderdale aforesaid in consideration that said plaintiff at the special instance & request of said defendant had done & performed divers work & labour care & dilligence in about the business of him said defendant & had sold to him divers goods wares & merchandize & paid advanced, laid out and expended divers sums of money to & for the use & benefit of said defendant he, said defendant, in consideration thereof undertook & faithfully promised said plaintiff that he would well & truly pay to him so much money as said last mentioned work & labour care & dilligence goods wares & merchandize & money paid and advanced laid out & expended were reasonably worth and the plaintiff avers that he 
reasonably deserved to have therefore one other sum of fifteen hundred dollars of which the defendant then & there had notice. Yet said defendant tho often requested hath not paid to said plaintiff said several sums of money or either of them but the same to him to pay hath hitherto altogether refused & still doth refuse to the damage of the plaintiff fifteen hundred dollars therefore he sues. George Coalter Atto. Pro. Q. Plea non assumpsit Wooldridge Atty for deft.

 

Page 163

 

At the April term of said court and being the ninth day of April 1825 on the affidavit of the plaintiffs counsel this cause is continued on the plaintiffs paying the costs of this suit to this time & on motion of the defendant by his attorney and it appearing to the satisfaction of the court that the said defendant is not a resident citizen of this state It is ordered that unless he shall give security for the costs of this suit within sixty days from the rise of this court that the same will then 
stand and be dismissed and on the trial docket of said court is the following, to wit. cont’d by consent & leave to take depositions without notice. G. Coalter. Thos. Wooldridge

And this cause was continued from term to term 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 and lawfull men to wit.

Page 164

Thomas Williams
John Floyd
James McMahon
Cornelius Carmack
John H Cornish
Daniel Bruce
Ephraim Sheffield
Eli W Kerr
Thomas M Kerlay
James W Cocke
John Curtis
James Foster

 

who being duly elected tried and sworn well & truly to try the issues joined, upon their oath do say that they find the issues in favour of the plaintiff and assess his damages to eleven hundred and fifteen dollars and seventeen cents. It is therefore considered by the court that the said plaintiff recover against said Defendant said sum of Eleven hundred & fifteen dollars & seventeen cents the damages aforesaid by the Jury in form aforesaid assessed also his costs about his suit in this behalf expended etc. (Note in margin: “Bail bond should be on Page 161.”)


Bail bond to wit
Know all men by these presents that we Samuel Alden _____ are held and firmly bound unto Joseph N Baker Sheriff of Lauderdale County or his assignment in the just and full sum of nine hundred sixty four dollars 3 cents lawful money of this 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 2nd day of May 1823. The condition of the above obligation is such that the said Samuel Alden ________ to be his special bail in an action now instituted in the Circuit Court of said county of Lauderdale wherein George W Bruce is plaintiff & Samuel Alden defendant and in case said Alden should be cast in the action ___ shall pay and satisfy the condemnation of the court or surrender his body in custody of the Sheriff of said County or that the said ___ will do it for him Given under our hands and seals this day and date above written Saml Alden (Seal) Bill Huggins (Seal) Assignment thereon to wit. I J N Baker Shff of Lauderdale County do assign the within obligation & condition to the plaintiff herein named to be sued for according to the statute in such case maid? & provided. Witness my hand and seal this 2nd May 1823. J N Baker Shff by his Deputy J W Byrn

Page 166

#1252
Littleberry Leftwich vs William M Campbell & Daniel 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, Tailors & partners under the firm of Campbell & Elims 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 inst. To answer Littleberry Leftwich of a plea that they render to him the sum of one hundred & twenty dollars which to him they owe & from him unjustly detain to his damages one hundred dollars. Herein fail not and have you this Writ at the Clerks office of said county three days previous to the 1st Monday after the fourth Monday in March inst. Witness Presley Ward Clerk of our said Court, at office this 30th day of March 1825. and of American Independence the (forty) ninth year. Issued 30th day of March 1825. Test. P Ward, Clerk. 

Cause of action to wit. This action is brought by the plaintiff to recover of the defendant the amt of two rooms in a certain house in the town of Florence on the west side of the public square rented for the sum of one hundred & twenty dollars for one year evidenced by articles of agreement under seal of the defendants aforesaid bearing date the 4th 
day of Novr. 1823. No bail required. Coalter & Irvine Attos. Pro. Qr 

 

Upon the same is the following return to wit. Came to hand 29th March 1825. Executed and delivered a copy the within Writ to the defendants 29th March 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 1826. On motion it is ordered that the time for pleading be extended and that sixty days from the rise of this court be allowed Plaintiffs to file declarations in all cases returnable to the present term and thirty days thereafter to defendants to Plead etc.. Declaration filed the 15th August 1825 as follows to wit.


State of Alabama
Lauderdale County
Circuit of sd county Apl term 1825.
Littleberry Leftwich by his attorney complains of William M Campbell & Daniel Elims partners under the firm & style of Campbell & Elims in custody etc. of a plea that they render to him the sum of one hundred & twenty dollars which to him they owe and from him unjustly detain. Fort his viz. that the said defendants on the 4th day of Novr. 1823 at to wit in the county aforesaid made their certain agreement to & with the said plaintiff by the style and description of Campbell & Elims as aforesaid and sealed with the seal of the said William M Campbell & the said Daniel Elims & bearing date the day & year aforesaid and now to the court, here shown by which, the(y) bound themselves to pay to the said plaintiff said sum of money for the use of two upper rooms in his house, lying & being on the west side of the square in Florence which the said plaintiff by the agreement aforesaid leased & devised to said defendants for one whole year from the date of the agreement aforesaid and which they agreed to pay said defendant quarterly. Yet said defendants although often requested hath not paid said sum of one hundred & twenty dollars to said plaintiff quarterly or in any other manner, but to pay the same or any part thereof.

Page 168


Note in margin: “The said defendants have altogether wholly refused and still do refuse to the damage of the plaintiff one hundred dollars therefore he sues. Coalter & Irvine, attos. pro Plff” Pleas filed 29th August 1825. To wit. Campbell & Elms ats. Littleberry Leftwich) In debt And now said defendants by William B. Martin their attorney come & defend the wrong & injury when where etc. & say they do not owe to the said plaintiff the sum of money in the plaintiffs declaration demanded or any part thereof in manner & form as the said plaintiff hath thereof complained against them & of this they put themselves on the country, etc. Wm. B. Martin for Deft. And the Plff likewise Coalter & Irvine And for further plea in this behalf said defendants say the plaintiff actio non etc. because they say that at the time of said supposed demise 
leasing & letting of the said Plaintiff to said defendants & from thence hitherto said plaintiffs had not nor hath he at any time whatsoever had any right, title ownership or authority of unto or over said house or the rooms thereof to rent or lease the same or let the same to any other person or persons whatsoever to wit at in the county aforesaid & this said defendants are ready to verify wherefore they pray Judgment etc. 


Wm. B. Martin for Defts.

Demurer to the last plea Coalter & Irvine. 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 their attornies and the plaintiffs demurer being sustained by the court to the defendants 2nd plea and the said defendants withdrawing his first plea. It is therefore considered by the Court that the Plaintiff recover against said defendants damages to be found by a Jury to come at this term and thereupon came also a Jury of good and lawful men to wit.

Page 169
 

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

who being duly elected tried and sworn well and truly to assess the plaintiffs damages in this behalf upon their oaths do say that they assess the damages to one hundred and thirty nine dollars and twenty cents. It is therefore considered by the court that the said plaintiff recover against said defendants the damages aforesaid assessed by the Jury and his costs in this behalf expended.

Page 170

#1123
Martin P Harrow vs John Craig ) Appeal

The State of Alabama Lauderdale County
To the Constable or other lawful officer to execute. You are hereby commanded to summon John Craig if to be found in your county to appear at my office in Florence on the 1st Febry to answer Martin O’Harrow in a plea of debt for a sum under 30 dollars due by acpt? (Sept?) Herein fail not and make due return according to Law. Given under my hand and seal this 21st day of Jany 1825. Saml Harkins J P (Seal)

Upon the same is the following return to wit. Executed on the 21st Janry 1825 Wm. L . Yarbrough for J J Bowman and upon the same is the following to wit.


Judgment for Plff Febry 1st 1825. Saml Harkins J P

Appeal Bond as follows to wit.


The State of Alabama Lauderdale County)
This day appeared before me Saml Harkins & acting Justice of the Peace for said County John Craig & praid (prayed?) an appeal from a Judgment against the said Craig for five dollars & ninety eight cents & costs of suit in favor of Martin O’Harrow which was recovered on the 1st Inst and the said appeal is granted to the Circuit Court the appellant having 
given bond & security as the Law directs. Given under my hand & Seal this 1st Febry 1825. Saml Harkins JP (Seal)

Know all men by these presents that I John Craig & John W Byrn do bind ourselves in the penal sum of thirteen dollars & eight cents to Martin O’Harrow, conditioned that whereas on the 1st Inst. the said Martin O’Harrow did obtain a Judgment before me Saml Harkins JP for the sum of five dollars & ninety eighty cents & cost of suit & the said John Craig 
being aggrieved at said Judgment did on this day pray an appeal to the Circuit Court. Now if the said Craig does well & truly abide by the Judgment of said Court then this obligation shall be null & void if not to remain in full force & virtue. Witness our hands seals this the 4th day of Febry 1825. Jno Craig (Seal) John W Byrn (Seal) Attest Saml Harkins JP

 

And this cause was continued until this term to wit the April term and being the Eleventh day of April 1825. Came the parties by their attornies & after argument be heard & by the Court understood It is considered by the Court that the plaintiff recover against the defendant and John W Byrn his Security for the appeal the sum of five dollars & 
ninety eight cents the amount of the Judgment of the Justice below together with the further sum of eighty nine cents being 15 pr cent damages for delay. Also the costs in this behalf expended.”

Page 172

#1290
Maximilan H Buchanan & Others vs John Webb ) Appeal

State of Alabama Lauderdale County )
To any Lawful officer to execute & return.
You are hereby commanded to summon John Webb to be & appear before me at Thomas Whitsons on the 2nd Saturday of February next to answer the complaint of the Trustees of the town of Waterloo viz. Tyree Rodes, Gabriel Bumpass, Maximilan H Buchanan, John McCracken & Thomas H Meridith (which last is now dead) or their successors in office on Debt due by note twenty eight dollars & 20/100 & interest fail not to execute this process. Given under my hand & seal this 29th day of January 1825. David Brown J P

Return to wit. Executed this 1st day of February 1825 by me B Price Const. appeal Bond to wit. State of Alabama Lauderdale County) Know all men by these presents that we or either of us our heirs and assigns are held and firmly bound to Tyre Roads, Gabriel Bumpass, Maximilan H Buchanan, John McCracken, Thomas H Meridith, Trustees of the town of Waterloo or their successors in office in the penal sum of fifty six dollars ninety two cents good and lawful money. The condition of the above bond is such that if the said John Web his heirs or assigns doth appear at our next Circuit Court to be held in Florence to prosecute a suit that said Web took up on appeal to effect on a Judgment obtained against the said Web before David Brown an Acting Justice of the Peace on the 12 of February in behalf of said Commissioners of the town of Waterloo to the amount of twenty eight dollars forty six c. (cents) principal together with the costs already attach to it then the above bond to be void, otherwise to stand in full forceand virtue. Given under our hands and seals this 16th of February 1825. John Webb (Seal) Wm S Barton (Seal) Test David Brown J.P..

And this cause was continued till this term to wit. the April term of said Court and being the thirteenth day of April eighteen hundred and twenty six came the parties by attorney & the plaintiff by attorney moved the court to dismiss this appeal for want of a sufficient bond for appeal and after argument on said motion It is considered by the court 
that the said appeal bond is insufficient & that the said appeal be dismissed and that the said plaintiffs recover of said defendant their costs about their suit in this behalf expended and that aprocedendo issue to the Justice of the Peace to proceed on his former?? herein rendered.”

Page 174

 

#1260 1/2
James Irvine, Assignee vs Levi Todd )Appeal

State of Alabama Lauderdale County
To Wm. Y Yarbrough or other lawful officer to execute and return. You are hereby commanded to summon Levi Todd 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 fifteenth day of June next to answer a plea of debt to James Irvine assignee of Thomas McDonald for the sum of thirty three 
dollars and ___ due by note. Herein fail not and make return of this amount according to Law. Given under my hand and seal this 3rd day of June 1825. Wm G Brien J P (Seal)

Upon which is the following cause of action to wit. This action is founded on a due bill executed to ThomasMcDonald on the 21st Apl 1825 for thirty three dollars which is assigned to the plaintiff by sd McDonald on the 3rd June 1825. the whole of which is due & unpaid. W G Brien J P (Seal)

Upon the same is the following return to wit. Exct. by me Wm L Yarbrough June 3rd 1825 upon the same is the following to wit. Judgment for the Plaintiff by default $33 debt and $___ damages together with the costs 15th June 1825. W G Brien J P (Seal)

Appeal bond to wit. State of Alabama Lauderdale County ) Know all men by these presents that we Levi Todd & William W Garrard are held and firmly bound unto James Irvine in the penal sum of sixty eight dollars forty two cents to be void on condition that the said Levi Todd doth prosecute our appeal by him prayed to the next Circuit Court for sd county and to 
him granted from a Judgment obtained on the 15th June 1825 by said James Irvine against the said Levi Todd before me W G Brim? an acting Justice of the Peace for said county for the sum of thirty four (22) dollars debt and costs. Witness our hands and seal this 20th day of June 1825. The condition of the above obligation is such that whereas the above named James Irvine hath obtained a Judgment before me W G Brim c acting Justice of the peace for the county of Lauderdale against the above bound Levi Todd for the sum of sixty eight dollars forty two cents. Debt and costs from which Judgment the said Levi Todd hath prayed an appeal to the next Circuit Court to be held for said county. Now if the said 
Levi Todd shall try the sd appeal at the next Circuit Court and perform the Judgment of the Court thereupon then this allegation to be void else remain in full force and virtue as witness our hands and seals this 20th June 1825. Levi Todd (Seal) W W Garrard (Seal) Witness W G Brim J P 


(Seal) Notice to wit.

State of Alabama Lauderdale County)
To any constable or lawful officer you are hereby required to notify James Irvine that an appeal has been taken to the Circuit Court to be holden in the town of Florence on the first Monday after the fourth Monday in September next in your case against Levi Todd. Given under my hand & seal this 27th Sept. 1825. Wm G Brien J P (Seal)

Return thereon to wit. Notified on James Irvine on the 27 September 1825 by me Wm L Yarbrough Cont? Declaration filed 20th Jan. 1826 to wit.


State of Alabama Lauderdale County)
Circuit Court September term 1825

James Irvine by attorney complains of Levi Todd summoned etc. of a plea that (he) render to him the sum of thirty three dollars which to him he owes & from him unjustly detains etc. For this that said defendant on the 21st day of April 1825 at to wit in the county aforesaid made his certain due bill of that date signed with his proper name & here shown to the court whereby he acknowledged himself indebted to Thomas McDonald in the sum of thirty three dollars for value recd and afterwards to wit. on the 3rd day of June 1825 at to wit in the county aforesaid the said Thomas McDonald by the description of Thos. McDonald assigns over the said due bill to the plaintiff for value recd of which assignment the 
defendant then & there had notice by means whereof the defendant became liable to pay to the plaintiff said sum of money on said due bill specified. Yet said defendant altho often requested hath not paid the same either to the said Thomas McDonald before notice of said assignment or to the plaintiff since but hath hitherto refused & still refuses to 
pay the same to the damage of the plaintiff forty dollars. Therefore he sues George Coalter atto for plf.. And this cause was continued until this term to wit the April term and being the thirteenth 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. It is therefore considered by the court that the plaintiff recover against the said defendant and William W Garrard his security for the appeal the sum of thirty three dollars the debt in the declaration mentioned, together with the further sum of 
two dollars & sixty cents damages sustained by the plaintiff for the detention of said debt, also the sum of four dollars ninety six cents damages at the rate of fifteen pr. cent for the delay & the costs in this behalf expended.

Page 178

#1277
Trotter & McGonegal vs Lemuel Rodgers ) Appeal

State of Alabama Lauderdale County)
To any lawfull officer to execute and return You are hereby commanded to summon Lemuel Rodgers to be and appear 
before me or some other Justice of the Peace for said county at Rodgersville on the 30th Inst to answer the complaint of Trotter & McGonagall in a plea of debt on a note of hand for forty three dollars & 41 cents and credited by twelve dollars & 86 cents. Herein fail not. Given under my hand and seal this 18th April 1825. James Reed J P. Return thereon Executed the 23rd of April 1825 by H P Crittantin Const. and upon the same is the following to wit. Judgment in favour of 
Plaintiff for Debt and costs this 30th April 1825. Jas Reed J P

Appeal Bond to wit
Know all men by these presents that we Lemuel Rodgers and Thomas Rodgers both of the state of Alabama and county of Lauderdale are held & firmly bound unto Trotter & McGonigal in the penal sum of sixty four dollars Ninety one cents for which sum well and truly to be made we bind ourselves and each of us and each of our heirs jointly severally firmly 
by these presents sealed with our seals & dated. The condition of the above bond is such that whereas the sd Trotter & McGonigal did obtain a Judgment against Lemuel Rodgers on the thirtieth April for thirty dollars fifty five cents principal two dollars & eighty cents interest & one dollar cost before me an acting Justice for the county aforesaid and 
he the sd Rodgers arested? my Judgment and appealed to the Circuit Court. Now if he the sd Rodgers does appear at our next Circuit Court to be holden for the County of Lauderdale at the town of Florence on the first Monday after the fourth Monday in September and there does prosecute his suit with effect then this bond to be void otherwise to abide the Judgment, sentence & decree of sd court. Given under our hands and seals this 2nd April 1825. Lemuel Rodgers (Seal) Thomas Rodgers (Seal) Test. Jas. Reed.

And this cause was continued till this term to wit the April term and being the thirteenth day of April 1826 . Came the plaintiffs by their attorney & dismiss their suit & defendant in proper person assumes the costs. It is therefore considered by the court that the plaintiffs recover against said defendant the costs aforesaid assumed & the defendant hereof discharged.

Page 180

#1272
George Simmons, Assignee vs James Gordon ) Appeal

 

State of Alabama Lauderdale County)
To the Lawfull officer to execute and return.
You are hereby commanded to summon James Gording to appear before me or some other Justice of the peace for said county at Springfield on the 9th day of April next to answer the complaint of George Simmons assignee of Thomas Cornish in a plea of Debt on a note of hand for twenty five dollars. Given under my hand and seal this 29th day of March 1825. Wm Cocke J P (Seal)

Upon the same is the following return to wit. Executed the 2nd dy of April 1825 by A P Crittenten (Constable) and upon the same is the following to wit. Judgment for the plaintiff for $25. Interest $0.84.

Appeal bond to wit.
State of Alabama Lauderdale County)
Know all men by these presents that we James Gordin and Eliza Coons and Daniel Coons & Sherrard White are held and firmly bound unto George Simmons in the penal sum of Fifty two dollars and fifty nine & 1/4 cents lawful money of the state, which payment well and truly to be made we bind ourselves and each of our heirs Executors and Administrators 
jointly severally firmly by these presents. Sealed with our seals and dated this 12th day of April in the year of our Lord one Thousand eight hundred and twenty five. The condition of the above obligation is such that whereas the said George Simmons hath on the 9th day of April obtained a judgement before Wm. Cocke a justice of the peace for said county for the sum of twenty five dollars eighty fore (four) cents with the further sum of eighty 1/4 cost against the said Gordin who prays an appeal. Now if the said Gorden shall prosecute his appeal to effect or pay and satisfy the aforesaid judgement and all cost that hath or may hereafter accure then the above obligation to be void. Otherwise to remain in full force and virture in law & equity. Given under our hands and seals the day and date first above written.

Appeal Bond $52.59 April 12, 1825
James Gordon, Eliza Coons, Daniel Coons, Sherrard White

To the circuit court the first after the 4 Monday in Sept. Declaration to wit. The state of Alabama Lauderdale County Circuit Court October Term 1825. George Simmons assignee etc. vs James Gordon appeal.

Page 182


The plaintiff George Simmons by his attorney complains of James Gordon defendant of a plea that he render him the sum of twenty five dollars which to him he owes and from him unjustly detains for that whereas said defendant heretofore (to wit) on the 4th day of August 1824 at to wit in the County of Lauderdale aforesaid made his certain note in writing 
signed with his hand by the description of J. Gordon, and which is now to the court shewn wherein & whereby said defendant promised on or before the 25th day of December next thereafter to pay one Thomas Cornish twenty five dollars to be discharged in merchantable baled cotton to be delivered at James Douglasses gin for value received and 
whereas afterwards but before said sum in cotton and in any manner howsoever had been or was paid to said Cornish to wit on the 27th day of December 1824 to wit in the county aforesaid said Cornish indorsed assigned & delivered said note to said plaintiff & thereby then & there ordered & appointed the sum therein specified according to the tenor & effect thereof to be paid to said plaintiff for value recd of which said several premises said defendant afterwards to wit on the day & year last aforesaid in the County aforesaid had notice by means whereof & by force of the statute in such cases made & provided said defendant hath become liable to pay to said plaintiff said sum of money in said note specified 
according to the tenor & effect thereof & of said indorsement made thereon as aforesaid yet said defendant although often requested so to do hath not as yet paid said plaintiff said sum in said note specified & other in bailed cotton at the Gin of Jas. Douglass or in money or in any other manner or way howsoever but to pay the same or any part thereof to 
said plaintiff since notice of said assignment or to said Cornish before notice of said assignment said defendant hath at all times hitherto wholly failed & refused & still doth refuse to the plaintiff damage $30 & therefore he sues etc. Wm B & P. Martin Attos for Plaintiff. And this cause was continued until this term to wit the April term and being the 13th day of April 1826 Come the parties by attorney and on hearing of the cause of the plaintiffs action & the defendant’s defence 
it is considered by the Court that the plaintiff recover of the defendant thirteen dollars and twenty five cents for the non performance of the plaintiffs contract & that the defendant recover of the plaintiff his costs in this suit expended.