Final Record Civil & State Circuit Court

1825 - 1826

Pages 183 - 220

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

Page 183

#1240
James Erwin assignee vs Joseph D Greaves

The State of Alabama Lauderdale County)
This day personally appeared before the undersigned James Kirkman agent for James Erwin (in whose favor a writ has this day issued against said Joseph D Greaves) and made oath that said Greaves is justly (indebted?) to said Irwin in the sum of Four hundred & five dollars & sixty seven cents by a note of hand dated 1st January 1825 due one day after date and having prayed that said defendant be holden to bail doth further make oath that the same is not required for the purpose of vexing or harrassing said defendant. Sworn to and subscribed before me this 28th March 1825. James Kirkman Sworn to & subscribed before me this 28th March 1825. P Ward Clk

Capias issued to wit. The State of Alabama
To the sheriff of Lauderdale County Greeting
You are hereby commanded to take the body of Joseph D Greaves wherever he may be found in your county, and him safely keep, so that you have his body before the Judge of our next circuit court to be held for the County of Lauderdale at the Court house in the Town of Florence on the first Monday after the fourth Monday in Mrch instant; to answer James Irwin assignee of Thomas Kirkman and James Kirkman Merchants & partners trading under the firm of T & J Kirkman of a plea that he render to him four hundred and five dollars and sixty seven cents which to him he owes, and from him detains 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 first Monday after the fourth Monday in March instant. Witness Presley Ward Clerk of our said court at office this 28th day of March 1825 and of American Independence the forty ninth year. Issued 28th day of March 1825. Test P. Ward, Clerk

This action is founded on the defendant’s promissory note payable to the within named T & J Kirkman for the sum of $405.67 dollars dated 1 January 1825 and due one day after the date, said note is assigned by said T & J Kirkman to the Plaintiff. Bail required for the sum of four hundred & five dollars & 67/100 of one dollar as pr affidavit of the plaintiffs agent filed in the office of the Clerk of the Circuit Court of Lauderdale County. D. Hubbard atto for the plaintiff. Upon the same is the following return to wit. Came to hand 28th March 1825. executed the same day on the within defendant by delivering him a copy of the within writ. J N Baker Shff. By his deputy N H Marks. 

Bail bond as follows to wit. The state of Alabama Lauderdale County. 
Know all men by these presents that we Jos. D. Greaves and Wm W Garrard are held and firmly bound unto Joseph N Baker Sheriff of Lauderdale County or his assignment in the just and full sum of eight hundred & eleven dollars & 34/100 lawful money of the state, to which payment well and truly to be made, we bind ourselves and each of our heirs firmly by these presents sealed with our seals and dated the 28th day of March 1825. The condition of the above obligation is such that the said Wm W Garrard hath undertook in behalf of the said Jos. D. Greaves to be his special bail in an action now instituted in the circuit court of said county of Lauderdale wherein James Irwin assignee etc. is plaintiff and Jos. D. Greaves is defendant and in case said Jos. D. Greaves should be cast in the action he shall pay and satisfy the indemnation of the court or surrender his body in custody of the sheriff of said county or that the said Wm W Garrard will do it for him. Given under our hands and seals this day and date above written. Jos. D. Greaves W W Garrard

 

Page 186


Upon the same is the following assignment to wit. I Joseph N Baker Sheriff of the County of Lauderdale do hereby assign the within obligation and condition to James Irwin , his executors and administrators to be sued for according to the statute in such cases made and provided. In witness whereof I have hereunto set my hand and seal this 28th day of March in the year of our Lord 1825. J N Baker Shff. By his deputy N. H Marks.

The State of Alabama Lauderdale County
Know all men by these presents, that we Joseph D Greaves and William M Warner are held and firmly bound unto Joseph N Baker sheriff of Lauderdale County, or his assignment in the just and full sum of eight hundred and eleven dollars 34/100 lawful money of the state, to which payment well and truly to be made, we bind ourselves and each of our heirs firmly by these presents. Sealed with our seals and dated this 17th day of April 1825. The condition of the above obligation is such that the said William M Warner hath undertook in behalf of the said Joseph D Greaves to be his special bail in an action now instituted in the circuit court of said County of Lauderdale wherein James Irwin, assignee is plaintiff and 
Joseph D Greaves is defendant and in case the said Joseph D Greaves should be cast in the action he shall pay and satisfy the condemnation of the court or surrender his body of the sheriff of said county or that the said William M Warner will do it for him. Given under our hands and seals this day and date above written. Jos. D. Greaves William M Warner

Upon the same is the following assignment to wit I, J N Baker, Sheriff of Lauderdale County Ala. do hereby assign the within bond and condition to the within named plaintiff to be sued for agreeable to the statutes in such cases made and provided. In witness whereof I have hereunto set my hand and seal this 7th April 1825. J N Baker, Shff of Lauderdale County Ala. And said cause continued until this term to wit the April term and being the 13th day of April 1826 came the plaintiffs by attorney and say they intend no further prosecuting said suit than for the costs. It is therefore considered by the court that the said plaintiff moves against said defendant the costs in this “behaf” expended.

 

Page 187

#1313
William Kydd vs William W Garrard ) Debt

The State of Alabama To the Sheriff of Lauderdale County, Greeting:
You are hereby commanded to take the boyd of William W Garrard wherever he 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 Sept. instant to answer William Kidd of a plea that he render to him the sum of one hundred dollars which to him he owes and from him unjustly detains to his damage fifty dollars. Herein fail not and have you this writ at the Clerk’s office of said County three days previous to the 1st Monday in Sept inst. Witness Presley Ward, Clerk of our said court at office this 5th day of Sept 1825 and of American Independence the 50th year. Issued 5th day of Sept 1825 Test. P. Ward, Clerk. 

Cause of action to wit. This action is brought to recover of the defendant the amount of his order (or bill of exchange) drawn on George Coalter in favour of the plaintiff. No bail required. B W Edwards Pr Plff Return to wit came to hand Sept 5th 1825, executed on the same day on the within defendant and a copy left with him. M. Harkins Shff.

Declaration to wit.
The state of Alabama, Lauderdale County.
Fourth circuit court Sept term 1825. William Kydd by attorney complains of William W. Garrard in custody etc. of a plea that he render to him the sum of one hundred dollars which to him he owes and from him unjustly detains. For that whereas heretofore to wit on the 30th day of October 1824 at the county aforesaid, the said defendant (under the name and description of W.W. Garrard) made his certain order or Bill of exchange in writing and which is now here to the court shown, bearing date the day and year aforesaid, and then and there directed the same Bill of exchange to one George Coalter by the name and addition of Mr. George Coalter, by which said Bill of exchange he the said defendant then and there requested the said George Coalter to pay the said plaintiff the sum of one hundred dollars and then and (there?) delivered the said Bill of exchange to the said plaintiff.

Page 189

And the said plaintiff avers that afterwards, and before the payment of the said sum of money in the said Bill of exchange specified, to wit, on the 11th day of November 1824, at the County aforesaid the said Bill of exchange was presented and shown to the said George Coalter for his acceptance thereof, and the said George Coalter was then and there requested to accept the same but that the said George did not, nor would at the said time when the said Bill of exchange was so presented and shown to him for his acceptance thereof as aforesaid, or at any time afterwards accept the same, or pay the said sum of money therein specified, or any part thereof but then and there neglected and refused 
so to do, of all which said several premises the said defendant afterwards, to wit on the day of __ aforesaid, and at the county aforesaid had notice by means whereof he the sd defendant then and there became liable to pay the said plaintiff the said sum of money in the said Bill of exchange specified when he the sd defendant should be thereunto afterwards requested. And being so liable, he the said defendant in consideration thereof afterwards, to wit, on the __ day of __ last aforesaid at the County aforesaid undertook and then and there faithfully promised the sd plaintiff to pay him the said sum of money in the said Bill of exchange specified when he the said defendant should be thereunto afterwards requested. Yet the said defendant although often requested so to do, has not as yet paid said sum of money above demanded or any part thereof: but he to do this hath wholly as still doth refuse to the plaintiff’s damage fifty dollars and therefore he sues etc. B. M. Edwards Pro. Plff.

Page 190


Demurer Fulton & Hubbard. Pleas to wit. William W Garrard Ats William Kydd

And now said defendant by attorney comes and defends the wrong & injury when etc. and says that the plaintiff his action aforesaid against this defendant to have & maintain ought not because he says that he did not undertake & promise in manner & form as the plaintiff in his said action hath declared against him & of this he puts himself upon the country and for further plea in this behalf said defendant says that there was no good & legal consideration for the said Bill of exchange declared upon, but the same was a voluntary act on part of this defendant & without consideration and this the said defendant is ready to verify wherefore he prays judgment if he ought to be charged with the debt in plaintiffs said declaration mentioned by virtue of said Bill of exchange. And said defendant craves oyer of said supposed Bill of exchange mentioned in the plaintiff’s said declaration which is read to him in words & figures following (here insert Bill) which being read and heard said defendant says by virtue of the same he ought not to be charged because he says he did not sign & deliver the said Bill of exchange as said plaintiff in his said declaration hath alledged and of this he puts himself upon the country. D. Hubbard, atto. for the defendant

Page 191


And the plaintiff by attorney filed his reply ? as follows to wit. William Kydd vs William W. Garrard, and the said William Kydd as to the plea of the said William W. by him first above pleaded, saith that he the said William Kydd by reason of any thing by the said William W. in that plea alledged ought not to be barred from having and maintaining his aforesaid action thereof against him the said William W. And the sd William Kydd signs judgment as to the first plea of the said 
William W. for want of a good and sufficient plea in the present form of action. And the said William Kydd as to the said plea, of the said William W. by him secondly above pleaded, saith the said William Kydd by reason of any thing by the sd William W. in that plea alledged ought not to be barred from having and maintaining his aforesaid action thereof 
against him the said William W. Because, he saith, that there was a good and legal consideration for the sd bill of exchange declared upon, and that the same was not without consideration, and this he the said William Kydd prays may be inquired of by the country etc. B W Edwards Pro Plff.

And the said as to the said plea of the said defendant by him thirdly above pleaded saith that by force of the statute in such cases made and provided he the said plaintiff motions the Court to expunge said plea and that the same may be held for naught pr. B. W. Edwards pro plf.. Demurrer & joinder Hubbard P. D.

Page 192
At the April term of said court and being the 13th day of April 1826 came the parties by their attorneys & upon argument of the Defendant’s demurer to the plaintiff’s replication being argued. It is considered by the Court that the said demurer be sustained that the defendant recover against the plaintiff his costs about his defence in this behalf expended and depart hence.

Page 192

#1314
James Arnett for use of Benjamin Glover vs George W. Snead

The State of Alabama
To the sheriff of Lauderdale County, Greeting:
You are hereby commanded to take the Body of George W. Sneed 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 courthouse in the Town of Florence on the 1st Monday after the fourth Monday in September instant to answer James Arnett who sues for the use of Benjamin Glover of a plea of trespass on the case to his damage Two hundred & fifty dollars. Herein fail not and have you this writ at the Clerk’s office of said county three days previous to the 1st Monday after the fourth Monday in September instant. Witness Presley Ward Esqr., Clerk of our said Court at office this 2nd day of September 1825 and of American independence the 50th year. Issued 2nd day of September 1825. Test P. Ward, Clerk. Cause of action To wit. This action of assumpsit is brought by the within named plaintiff against the within named defendant to recover damages on a promissory note made by the defendant on the 7th day of June 1825 for the payment of one hundred and ten dollars & fifty eight cents payable to said plaintiff (Arnett) one day after the date thereof as aforesaid in current Bank bills of Alabama the whole of which is due & unpaid except a credit of 8 dollars 2nd July 1825. No bail required. Wm B & P Martin for Plff.

Return thereon to wit., Came to hand the 2nd September 1825 executed & left a copy with the Defendant this 6th of September 1825. M. Harkins Shff by his Deputy H V.? W? McVay. On the 8th day of February 1826 the plaintiff by his attorney filed his declaration as follows to wit. The State of Alabama Lauderdale County Circuit Court October term 1825
James Arnett (who sues for the use of Benjamin Glover) by his attorney complains of George W. Sneed Defendant in custody etc. of a plea of trespass on the case etc. for that whereas heretofore to wit on the 7th day of June 1825 at to wit, in the county of Lauderdale aforesaid the said Defendant made his certain promissory note in writing, his own name 
being thereto subscribed by the description of Geo. W. Sneed & which is now to the Court shown the date whereof is the same day & year last aforesaid, wherein & whereby said Defendant promised one day after said date to pay unto said Plaintiff the just & full sum of one hundred and ten dollars & fifty eight cents in current Bank bills of Alabama for value received. By means where & by force of the statutes in such cases made & provided said defendant hath become liable to pay to said plaintiff said sum in current Bank bills of Alabama for value received By means whereof & by force of the statutes in such cases made & provided said defendant hath become liable to pay to said plaintiff said sum in current Bank bills of Alabama & being so liable, he the said defendant afterwards to wit, on the day and year last aforesaid at, to wit, in the County aforesaid undertook & then & there faithfully promised said plaintiff to pay him said sum in said promissory note specified according to the tenor & effect thereof. Yet said Defendant not regarding his said promise & 
undertaking by him made as aforesaid but contriving & fraudulently intending craftily & subtilly to deceive and defraud said plaintiff in this behalf & although often requested so to do, hath not as yet, paid to said plaintiff said sum of one hundred & ten dollars & fifty eight cents, in current Bank bills of Alabama or otherwise howsoever: but to pay the same in current Bank bills of Alabama, or in any other way or manner whatsoever to said plaintiff hath at all times hitherto, wholly failed & refused, & still refuses so to do to the damage of said plaintiff (who sues for use of said Glover as aforesaid) two hundred Dollars & therefore he sues. Wm B. & P. Martin attornies for Plaintiff. At the April term of said Court and being the 13th day of April 1826 Came the parties by their attornies & the Defendant saying nothing in bar or preclusion of the plaintiffs action & the court being unadvised of the plaintiff’s damages in this case Came a jury of good & lawful men to wit

Page 194

 

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

 

who being duly elected, tried & sworn well & truly to assess the plaintiffs damges in this case upon their oath do say that they assess the plaintiff’s damages to ninety four dollars. It is therefore considered by the Court, that the sd plaintiff recover against the defendant the damages assessed by the jury as aforesaid, also his costs in this behalf expended.

Page 195

#1316
James Erwin, assignee vs William Middleton )

The state of Alabama Lauderdale County
This day personally appeared before the undersigned clerk of the circuit court of said County David Hubbard agent & attorney for James Erwin & makes oath William Middleton is indebted to James Erwin in the sum of $356 91/100 dollars as appears by his writing obligatory dated 1 January 1825 payable to T & J Kirkman for said sum of money one day after the date thereof which note is assigned by said T & J Kirkman to the said Erwin & the said D. Hubbard having sued out a writ against said Middleton the day of the the day hereof doth further make oath that the same is not sued out for the purpose of vexing or harrassing said Defendant. Sworn to & subscribed before me this 18th Jany 1825. D. Hubbard Test P. Ward, Clk 18th Jan’y 1825.

Capias to wit.
The State of Alabama
To the Sheriff of Lauderdale County Greeting.
You are hereby commanded to take the Body of William Middleton 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 courthouse in the town of Florence on the first Monday after the fourth Monday in March next to answer James Erwin assignee of T & J Kirkman of a plea that he render to him three hundred & fifty six dollars & ninety one cents, which to him he owes & from him detains 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 first Monday after the fourth Monday in March next. Witness Presley Ward Clerk of our said court at office this 18th day of February 1825 and of American independence the forty 
ninth year. Issued 18th day of February 1825. Test P. Ward Clerk.

Page 196

 

Cause of action to wit.
This action is founded on a writing obligatory made by the Defendant on 1 January 1825 wherein he promised one day after the date thereof to pay Thomas Kirkman & James Kirkman Merchants & partners under the firm of T. & J. Kirkman the sum of $356.91/100 dollars which said writing is assigned to the plaintiff & bail required for said sum as pr. affidavit 
filed in my office. P. Ward Clk.

Return to wit.
Came to hand 18th February 1825. Not found in my County J N Baker Shff by his deputy D. W. McKee.

Affidavit to wit.
The State of Alabama. Lauderdale County
This day came J. Kirkman agent for J. Erwin before the clerk of the Circuit court for said County and makes oath that William Middleton is justly indebted to James Erwin, assignee of T. & J. Kirkman in the sum of Three hundred & fifty six dollars 91 cents due by the Defendants writing obligatory to the said T. & J. Kirkman dated the 1st Jany 1825 payable one day after date. Bail is not required for the purpose of vexing or harrassing said defendant. James Kirkman. March 24th 1825. Subscribed & sworn to before me P. Ward Clk. 

Capias to wit.
The state of Alabama
To the sheriff of Lauderdale, Greeting:
You are hereby commanded to take the body of William Middleton 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 Courthouse in the Town of Florence on the first Monday after the fourth Monday in March instant, to answer James Erwin Assignee of Thomas & James Kirkman partners trading under the firm of T. & J. Kirkman of a plea that he render to him the sum of Three hundred and fifty six dollars ninety one cents, which to him he owes and from him detains to his damage one hundred Dollars. Herein fail not and have you this writ at the Clerk’s office of said County three days previous to the 1st Monday after the fourth Monday in March inst. Witness Presley Ward Clerk of our said court at office this 24th March 1825 and of American independence the 49th year. Issued 24th day of March 1825. Test P. Ward Clerk.

Cause of action To wit.
This action is founded on a writing obligatory made by the defendant on the 1st Jany 1825 payable one day after date to T. & J. Kirkman for $356.91/100 dollars which said note is assigned by said T. & J. Kirkman to the plaintiff. Bail is required for $356.91/100 dollars as pr. affidavit filed in the office of the clerk of the circuit court for said County. D. Hubbard P. Q.

Page 198


Sheriff’s return To wit. I, J. N Baker Sheriff of Lauderdale County do hereby authorise and empower R. H. C. Sessums to execute the within precept for me, and in my name and make due return of this according to Law. Given under my hand this 29th March 1825. J N Baker, Shff. Came to hand 24th March 1825. Not found in my county this 30th day of March 
1825, R H C Sessums, D.S. for J.N. Baker Shff 

Alias capias to wit.
The state of Alabama
To the sheriff of Lauderdale County Greeting
You are hereby commanded, as you have been before commanded to take the body of William Middleton wherever he may be found in your County, and him safely keep, so that you have his body before the Judge of our next circuit court to be held for the County of Lauderdale at the Court house in the town of Florence on the first Monday after the fourth Monday in September next to answer James Erwine assignee of T. & J. Kirkman of a plea that he render to him Three hundred and fifty six dollars and ninety one cents which to him he owes, and from him detains 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 first 
Monday after the fourth Monday in September next. Witness Presley Ward clerk of our said Court at office this 27th day of April 1825 and of American independence the 49th year. Issued 27th day of April 1825. Test P. Ward Clerk.

Page 199


Cause of action to wit.
This action is founded on a writing obligatory made by the Defendant on the 1st January 1825 wherein he promised one day after the date thereof to pay Thomas Kirkman and James merchants and partners under the firm of T & J Kirkman the sum of $356.91/100 dollars which said writing is assigned to the plaintiff & Bail required for said sum as pr affidavit. 
Filed in my office. P. Ward Clk. Sheriff’s return To wit Came to hand 3rd May 1825. Executed on William Middleton this 17th day of September 1825 and delivered him a copy the same day, and by order of Thomas Kirkman the proceedings stoped & no bail bond taken. M. Harkins, Shff. By his deputy H W McVay.

At the April term of said court and being the 15th day of April 1826 came the plaintiff by his attorney and acknowledges satisfaction of his debt in this case & says he wishes no further to prosecute the same except for costs nor is the same further prosecuted & the Defendant saying nothing it is therefore ordered by the court that the plaintiff recover against the Defendant his costs in this behalf expended.

Page 199

#1329
James Irvine, Administrator vs Samuel Kinley

The state of Alabama Lauderdale County
This day came James Irvine, Administrator of all and singular the goods and chattels rights and credits of Hugh Hagarty deceased and makes oath that Samuel Kinley stands justly indebted to administrator as aforesaid in the sum of fifty two dollars & eight cents due by note under seal and in an action this day commenced against him on said note. He does not 
require bail for the purpose of vexing or harrassing said Defendant. James Irvine. Subscribed & sworn to before me this 4th February 1825. P. Ward, Clk.

Capias to wit
The State of Alabama
To the sheriff of Lauderdale County Greeting
You are hereby commanded to take the body of Samuel Kinley wherever he may be found in your county and him safely keep, so that you have his body before the Judge of our next circuit court to be held for the County of Lauderdale at the Court house in the town of Florence on the first Monday after the fourth Monday in March next, to answer James 
Irvine, admr of the Estate of H. Hagarty deceased of a plea that he render to him the sum of Fifty two dollars & eight cents which from him he unjustly detains to his damages fifty dollars. Herein fail not and have 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 3rd day of February 1825 and of American independence the forty ninth year. 
Issued 3rd day of February 1825. Test. P. Ward Clerk

Cause of action to wit.
This action is founded on a note under seal executed to H. Hagarty in his lifetime for fifty two dollars & eight cents dated 24th May 1824 due then Geo. Coalter atto for plf.. Bail is required for the sum of fifty one dollars eight cents per affidavit of plf. filed in my office. P Ward, Clk.

Sheriff’s return To wit, came to hand 5th day February 1825. Not found in my county 30th March 1825. J N Baker, Shff by his deputy A W H Clifton.

Alias Capias to wit
The State of Alabama
To the sheriff of Lauderdale County Greeting.
You are hereby commanded as you have been heretofore commanded to take the body of Samuel Kinley wherever he may be found in your County and him safely keep, so that you have his body before the Judge of our next circuit court to be held for the County of Lauderdale at the Court house in the town of Florence on the first Monday after the fourth Monday in September next to answer James Irvine admr of the Estate of H. Hagarty deceased of a plea that he ren(der) to him the sum of fifty two dollars & eight cents which from him he unjustly detains to his damages 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 September next. Witness Presley Ward Clerk of our said Court at office this 26th day of April 1825, and of American independence the 49th year. Issued 26th day of April 1825. Test P. Ward, Clerk

Cause of action To wit
This action is founded on a note under seal executed to H. Hagarty in his lifetime for fifty two dollars & eight cents dated 20th May 1824 due then. Geo. Coalter atto. for plf.. Bail is required for the sum of fifty one dollars eight cents per affidavit of plf. filed in my office. P. Ward Clk

Sheriff’s return To wit Came to hand 3 May 1825. Not found in my county Sept 7th 1825. M. Harkins Shff
At the April term of said court and being the 14th day of April 1826 came the plaintiff by his attorney and dismisses his suit. It is therefore considered by the Court that the Defendant recover against the plaintiff his costs in this behalf expended & depart hence etc.

Page 202

#1094
James Gordon vs Samuel Maxwell

The State of Alabama
To the Sheriff of Lauderdale County Greeting.
You are hereby commanded to take the Body of Samuel Maxwell 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 Courthouse in the town of Florence on the 1st Monday after the 4th Monday in September instant to answer James Gordon that he render unto him the sum of eighty two dollars fifty cents, which to him he owes and from him unjustly detains to his damage forty 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 18th day of September 1824 and of American independence the forty ninth year. Test P. Ward Clk. Issued 18th day of September 1824.

Page 203

 

Cause of action to wit This action is founded on a writing obligatory of the following tenor. Four months after date I promise to pay to James Gordon on order eighty two dollars and fifty cents value received. Witness my hand and seal Novr 26th 1821. Signed Saml Maxwell (Seal). On which writing is indorsed a credit of the following tenor. Received of 
the within note twelve dollars & seventy nine cents. Signed I Currin. Feby 1st 1823. No Bail required. P Ward Clk

Sheriffs return to wit.
Came to hand Septr 20th 1824 executed same day by delivering the Defendant a copy. J N Baker Shff by his deputy A W H Clifton.  At the October term of said Court and being the 16th day of October 1824. Ordered by the Court that sixty days after the rise of this Court be allowed Plaintiffs to file their declarations and thirty days thereafter for defendants to file pleas etc. And on the 15th day of December 1824 the plaintiff by his attorney filed his declaration as follows to wit.


The State of Alabama Lauderdale County)
Circuit Court of September term 1824
James Gordon by his attorney complains of Samuel Maxwell in custody etc. of a plea that he render unto him the sum of eighty two dollars & fifty cents which to him he the said Samuel owes and from him unjustly detains for that on the 26th day of November A.D. 1821 at the County aforesaid the said Samuel made his certain writing obligatory of the day & date 
aforesaid, sealed with his seal, which said writing is now here to be shewn to the Court by which the said Samuel promises four months after the date aforesaid, to pay to James Gordon, the plaintiff aforesaid, or to his order, the sum of eighty two dollars & fifty cents, for value received by means whereof, & by force of the statute in such cases provided, the said Samuel then & there became liable to pay unto the said Plaintiff, the said sum in the said writing specified according to the tenor and effect of the same.

Page 204


Now altho. the said sum in the said writing so specified hath been long since due & payable according to the tenor and effect thereof, nevertheless, the said Samuel did not, nor would pay the said sum of 82 Dollars 50 cents in said writing, or any part thereof to the said plaintiff altho. often requested so to do, wherefore an action hath accrued to the said plaintiff to demand & have of said Samuel the said sum in said writing specified & he saith he hath damages 40 dollars, 
therefore he sues etc. Dawson Atty Pro. Quer. And said cause continued until this term To wit the April term and being 
the 10th day of April 1826 came the parties by their attornies & the defendant withdrawing his demurrer the defendant remains herein undefended. It is therefore considered by the Court that the plaintiff recover against said defendant the sum of sixty nine dollars & seventy one cents the residue of the debt in the declaration mentioned together with the 
further sum of Twenty two dollars & ninety five cents damages sustained by the plaintiff by reason of the detention of his said debt, also his costs in this behalf expended.

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#1219
John Wright vs Ezekiel K Hudnell ) Covenant

The State of Alabama
To the Sheriff of Lauderdale County Greeting:
You are hereby commanded to take the Body of Ezekiel K Hudnell wherever he may be found in your county and him safely keep, so that you have his Body before the Judge of our next Circuit court to be held for the County of Lauderdale at the Courthouse in the Town of Florence on the first Monday after the fourth Monday in March instant to answer John 
Wright of a plea of covenant broken to his damages Two hundred Dollars. Herein fail not and have you this writ at the Clerk’s office of said county three days previous to the first Monday after the fourth Monday in March instant. Witness Presley Ward, Clerk of our said Court at office this 8th day of March 1825 and of American independence the forty ninth year. Issued 8th day of March 1825. Test P. Ward Clerk I hereby acknowledge myself the above named Plaintiff security for the costs of the above suit in case he fail in the prosecution thereof to pay and satisfy all costs. Witness my hand & seal this 8th day of March 1825. Samuel Lussley? Lassley? (Seal) Test P. Ward Clk

Cause of action to wit.
This is an action brought to recover damages on a certain note of hand under seal, executed by the within named defendant together with a certain Campbell & Elms who are not sued in this writ by which eight months after the date thereof, they, or either of them promise to pay the within named plaintiff 126 Dollars 20 cents payable in Tennessee or 
Huntsville Bank notes bearing date 23rd day of February 1824. No bail required. Harris & Dawson attornies pro. Qu:

Sheriff’s return To wit. Came to hand 9th March 1825 executed the same day by delivering a copy to the within named Defendant of the within writ. J N Baker Shff by his deputy D. W. McKee.

At the April term of said Court and being the 15th 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. On the 2nd day of July 1825 the plaintiff by his attorney filed his declaration as follows to wit. State of Alabama fourth Circuit. Lauderdale Circuit Court of the term of 
March in the year one thousand eight hundred and twenty five. Lauderdale County )

John Wright plaintiff in this suit complaining of Ezekiel K Hudnell defendant in this suit in custody etc. of a plea of breach of covenant for that whereas the said Ezekiel on the third day of February in the year one thousand eight hundred and twenty four at Florence in the County aforesaid by his certain writing obligatory sealed with the seal of him the said Ezekiel and to the Court now here shewn, the date whereof is on the day and year aforesaid, did covenant promise and agree to and with the said John to pay to the said John one hundred and twenty six dollars and seventy one cents in Tennessee or Huntsville Bank notes within eight months after the date of the said writing obligatory. And the said John avers that the said Ezekiel did not pay to him the said John the said one hundred and twenty six dollars and twenty six cents in Tennessee Bank notes nor did he pay the same in Huntsville Bank notes nor did he pay the same in any other thereof within eight months after the date of the said writing obligatory nor hath he paid the same as yet altho. he hath been often requested so to do by the said John. And so the aforesaid Ezekiel his covenant aforesaid with the said John in this behalf hath not held, but the same hath broken to the damage of the said John of two hundred dollars & therefore he sues etc. Harris & Dawson Atty for Plff

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Plea to wit. Ezekiel K Hudnall ads John Wright. And now said defendant by his attorney comes & defends the wrong & injury when etc. and craves oyer of the covenant or writing obligatory in the plaintiff’s declaration and of which profert is made which is read to him in the words & figures following to wit “Eight months after date, we, or either of us, promise to pay John Wright One hundred & twenty six Dollars & twenty six cents payable in Tennessee or Huntsville Bank notes. Given under our hands & seals this twenty third day of February 1824 one thousand eight hundred & twenty four ... E. K. Hudnall (Seal) Campbell & Elms (Seal) Test William McCown

Which being read and heard said defendant prays judgment of the said declaration because he says that between the said declaration & the said covenant or writing obligatory there is a material variance and this he is ready to verify wherefore he prays judgment of the said declaration and that the same may be quashed etc. Coalter & Irvine Attos. And said cause continued until this term to wit the April term and being the 13th day of April 1826. Came the parties by attorney and the 
defendant withdrawing his plea saith nothing in bar or preclusion of the plaintiff’s action against him. It is therefore considered by the Court, that the Plaintiff recover against sd defendant damages to be assessed by a jury to come & thereupon came a jury of good and lawful men to wit

Page 208

 

William Noel
Redding Womble
Robert Mitchell
Philip Wilkes
Daniel Buie
Hugh B King
Davis Ellis
Abner Rose Jr.
James Foster
Goodwin Taylor
Chapple G Chandler
James A McMahan

 

who being duly elected tried & sworn well and truly to assess the plaintiff’s damages in this behalf, upon their oath do say they assess the damages to one hundred & twelve Dollars and twenty five cents. It is therefore considered by the Court that the plaintiff recover against sd Defendant the damages assessed by the jury as aforesaid, also his costs in this behalf expended.”

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#983
Francis Anderson vs John J Winston) Case

The State of Alabama
To the Sheriff of Lauderdale County Greeting:

You are hereby commanded to take the body of John J Winston 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 Courthouse in the Town of Florence on the 1st Monday after the 4th Monday in March instant to answer Francis Anderson of a plea of trespass on the case to his damage Two thousand 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 instant. Witness Presley Ward Esq., Clerk of our said court at office the 6th day of March 1824 and of American independence the forty 8th year. Test P. Ward Clk. Issued 6th day of March 1824. Cause of action to wit.


This is an action of assumpsit brought by the plaintiff to recover damages of the Defendant as the indorser of a note under seal for the sum of nine hundred & sixty dollars & ninety three cents dated 25th day of January 1824 & payable to the said Defendant & indorsed by him to the said plaintiff on the 24th day of February 1823. Said note was executed 
by one Amos A. Johnston of whom said plaintiff demanded the money agreeably to law & payment was refused, nor hath the said defendant paid said plaintiff the same. No bail required. Wm B. & P. Martin attos for the Plaintiff.

Sheriff’s return to wit
Came to hand the same day issued executed at the same time delivered a copy of the within J N Baker Shff by his Deputy J W Byrn. At the March term of said Court and being the 2nd day of April 1824. Ordered by the Court that the time of filing declarations & filing pleas & replications be the same as heretofore in all cases where the Defendant had entered an appearance & Declaration to wit The State of Alabama Lauderdale County. Circuit Court March term 1824. Francis Anderson by his attorney complains of John J. Winston in custody of the sheriff & of a plea of trespass on the case etc. for that whereas one Amos A.. Johnston heretofore to wit on the 25th day of March A.D. 1822 at to wit in the County of Lauderdale aforesaid made his certain writing obligatory signed with his name & sealed with his seal & which is now to the Court shewn bearing date the day & year last aforesaid & thereby then & there promised on or before the 1st day of January 1824 to pay to the said John J Winston (the defendant) the just sum of nine hundred & six dollars & ninety three cents for value received & then & there delivered the said writing obligatory to the said Defendant. And the said Defendant to whom the payment of the said sum of money in said writing obligatory specified was to be made after the making of the said writing obligatory but before the payment of the said sum of money therein specified to wit On the 24th day of February 1823 at to wit in the County aforesaid indorsed the said writing obligatory by which said indorsement he the said defendant then & there ordered & appointed the said sum of money in said writing obligatory specified to be paid to the plaintiff for value received & then & there delivered the said writing obligatory so indorsed to the said plaintiff and the said plaintiff avers that afterwards when the said writing obligatory became due & payable according to the tenor & effect thereof to wit, on the first day of January 1824 at to wit in the County aforesaid the said writing obligatory was duly presented & shewn to the said Amos A. Johnston for payment thereof & payment of the sum of money therein specified was then & there duly required according to the tenor & effect of the said writing obligatory. But that neither the said Amos A. Johnston nor any person or persons on his behalf did or would at the said time when the said writing obligatory was presented & shewn for payment thereof as aforesaid or at any time before or afterwards pay the said sum of money therein specified, or any part thereof but wholly neglected & refused so to do of all 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 statute in such cases made & provided the said defendant then & there became liable to pay to the said plaintiff the said sum of money in said writing obligatory specified when he the said defendant should be thereunto afterwards requested & being so liable, he, the said Defendant in consideration thereof afterwards to wit on the day & year last aforesaid at, to wit, in the County aforesaid undertook & then & there faithfully 
promised the said plaintiff to pay him the said sum of money in said writing obligatory specified when he the said defendant should be thereunto afterwards requested. Nevertheless the said defendant not regarding his said promise & 
undertaking, but contriving & fraudulently intending craftily & subtilly to deceive & defraud the said plaintiff in this behalf hath not as yet paid said sum of money, or any part thereof to the said plaintiff (although often requested so to do) but the said defendant to pay him the same hath hitherto wholly neglected & refused & still doth neglect & refuse to the damage of the said plaintiff Two thousand Dollars & therefore he brings suit etc. Wm. B. & P. Martin attos for the Plff.

Page 212


And on the trial Docket of said Court is the following writing to wit. In this case the Defendant having failed to appear & failed also to plead or demur to said plaintiffs declaration said plaintiff prays & takes judgment against said Defendant for said default & failure. 4th September 1824. Wm B Martin atto. for Plff. P Ward, Clk. And said cause continued until this term to wit the April term and being the 10th day of April 1826. Came the plaintiff by his attorney & suffers a non suit in this case. It is therefore considered by the Court that the defendant recover against said plaintiff his costs in this behalf 
expended & depart hence without day.

Page 213

#1111
Isaac Fort vs Thomas McDonald and William McDonald ) Debt

The State of Alabama
To the Sheriff of __ County Greeting:
You are hereby commanded to take the bodies of Thomas McDonald & William McDonald 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 Courthouse in the Town of Florence on the 1st Monday after the 4th Monday in September instant to answer Isaac Fort of a plea that they render unto him the sum of one hundred and twenty five Dollars, which to him they owe, and from him unjustly detain to his damage Sixty dollars. Herein fail not and have you this writ at the office of the Clerk of said Court three days previous to the 1st Monday after the 4th Monday in September instant. Witness Presley Ward Clerk of our said Court at office the __ day of September 1824 and of American independence the forty ninth year. Test P Ward, Clk. Issued __ day of September 182_ P Ward Clk.

Cause of action To wit
This action is brought to recover upon a note of hand under seal executed by the within named defendants to the within named plaintiff bearing date 7th day of November 1823 conditioned for the payment of 125 Dollars on or before the 1st of April next following said date which still appears due & unpaid No bail required. Dawson atty Pro. Qu.

Sheriff’s return to wit
Came to hand 12th October 1824 etc. Same day J. N. Baker, Shff by his deputy A. W. H. Clifton. I acknowledge the service of the within writ 12th Oct. 1824 Thos. McDonald. And at the October term of said Court & being the 16th day of October 1824. Ordered by the Court that sixty days after the rise of this Court be allowed plaintiffs to file their declarations and thirty days thereafter for defendants to file pleas.

Declaration to wit.
State of Alabama. Fourth circuit Lauderdale Circuit Court of September term 1824 Lauderdale County

Isaac Fort complains of Thomas McDonald in custody etc. of a plea that he render unto him the sum of one hundred twenty five dollars which to him he owes & from him he unjustly detains: for that on the 7th day of November 1823 at the County aforesaid, he the said Thomas, together with one William McDonald against whom process to compel appearance in this action hath issued but hath not appeared thereto, and against who the said action is discontinued made their certain writing obligatory sealed with their several seals bearing date the day & year aforesaid & now 
here to the Court shewn, by which he the said Thomas as well as the said William promised to pay the said Isaac on his order on or before the first day of April next to wit the first day of April next succeeding the date of said writing obligatory 125 Dollars for value received: by means whereof & by force of the statute in such cases made & provided, 
he said Thomas then & there became liable to pay the said sum of money in his said writing specified according to its tenor & effect. Now altho. the said sum of money in the said writing so specified hath been long since due & payable yet the said Thomas altho. often requested so to do, to pay said sum of 125 Dollars in said writing specified hath wholly neglected & refused & still doth neglect & refuse to the damage of said Isaac Fort sixty Dollars wherefore he sues etc. Dawson att. pro. Quer.

And said cause continued until this term to wit the April term & being the 11th day of April 1826. Came the plaintiff by his attorney and the Defendants saying nothing in bar or preclusion of the plaintiff’s action against them. It is therefore considered by the Court that the plaintiff recover against said Defendants the sum of fifty one dollars and forty cents the balance of the debt in the plaintiff’s declaration mentioned together with the further sum of three dollars & seven cents damages sustained by the plaintiff for the detention of his said debt also his costs in this behalf expended & the plaintiff agrees that execution may be stayed untill after the rise of the next term of this Court.

 

Page 215

#1196
William Kidd, assignee etc. vs Addison Wigglesworth & Benjamin Estes ) Debt

State of Alabama Lauderdale County
This day personally appeared William Kidd before me Presley Ward, clerk of the Circuit Court of said county and made oath that Addison Wigglesworth & Benjamin Estes stand justly indebted to him in the sum of one hundred & sixty Dollars due by note under seal executed by sd Wigglesworth & Estes on the 10th January 1824 to P. Ward due nine months after date which was assigned by said Ward to sd Wm Kidd. Does not require bail for the purpose of vexing or harrassing said defendants. Sworn to & subscribed before me this 23rd day of February 1825 W. Kidd P Ward Clk

Capias To wit
The state of Alabama
To the sheriff of Lauderdale County Greeting.
You are hereby commanded to take the bodies of Addison Wigglesworth & Benjamin Estes 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 Will Kidd assignee etc. of a plea that they render to him the sum of one hundred & sixty Dollars which to him they owe & detain to his damage fifty Dollars. Herein fail not and have you this writ at the Clerk’s office of said County three days previous to the first Monday after the fourth Monday in March next. Witness Presley Ward Clerk of our said Court at office this 2nd day of February 1825 and of American independence the forty ninth year. Test P. Ward Clerk. Issued 2nd day of February 1825.

 

Cause of action to wit.
This action is to recover the amount of a note under seal executed by the Defendants to P Ward on the 10th of January 1824 for $160 & by him assigned to the plaintiff due nine months after date. Bail required as per affidavit of the plaintiff filed in Clerk’s office for the sum of $160 Coalter & Irvine atto. P. Q. 

Sheriff’s return to wit
Came to hand 2nd Feb. 1825 executed same day and delivered a Copy of the within to the Defendant Addison Wiglesworth and committed him to Jail of Lauderdale County afterwards enlarged by giving bail. Benj. Estes not found. J N Baker Shff by his Deputy A W H Clifton

Bail Bond as follows to wit.
The State of Alabama
Lauderdale County
Know all men by these presents that we Adison Wigglesworth and Peter Blow are held and firmly bound unto Joseph N. Baker Sheriff of Lauderdale County or his assignment in the just and full sum of $320 lawful money of the state, to which payment well and truly to be made we bind ourselves and each of our heirs firmly by these presents. Sealed with our seals and dated the 2nd day of February 1825. The condition of the above obligation is such that the said Peter Blow hath undertook in behalf of the said Adison Wigglesworth to be his special bail in an action now instituted in the Circuit Court of said County of Lauderdale wherein William Kidd assignee is Plaintiff and Adison Wigglesworth & Benj. Estes are defendants and in case said Adison Wigglesworth should be cast in the action he shall pay and satisfy the condemnation of the Court or surrender his body in custody of the Sheriff of said county or that the said Peter Blow will do it for him. Given under our hands and seals this day and date above written. A .Wiglesworth (Seal) P. Blow (Seal)

Page 218
Assignment to wit
I, Joseph Baker Sheriff of the County of Lauderdale do hereby assign the within obligation to William Kidd assignee etc. his executors & administrators to be sued for according to the statute in such cases made and provided. In witness whereof I have hereunto set my hand and seal this 30th March 1825. J. N. Baker Shff by his deputy A. W. H. Clifton

At the April term of said Court and being the 15th day of April 1825. On motion it is ordered that the time for pleading be extended and that sixty days from the rise of this Court be allowed plaintiffs to file declarations in all cases returnable to the present term and thirty days thereafter to defendants to plead etc..

Declaration filed 15th August 1825 To wit.
State of Alabama Lauderdale County Circuit Court March term 1825
William Kidd assignee etc. by his attorney complains of Addison Wigglesworth in custody etc. of a plea that he render to him the sum of one hundred & sixty dollars which to him he owes & from him unjustly detains for this to wit that the said Addison on the 10th day of January 1824 at to wit in the County of Lauderdale aforesaid made his certain writing obligatory of that date signed with his name sealed with his seal and also signed with the name & sealed with the seal of one Benjamin Estes against whom process issued in this action, but as to whom the plaintiff discontinues his suit, and to the Court now here shewn whereby he promised & bound himself to pay said sum of one hundred & sixty dollars to Presley Ward by the discription of P. Ward nine months after date to wit nine months after the day & year aforesaid for 
value rec’d and afterwards to wit on the 16th day of January 1824 at to wit in the County aforesaid & long before said sum of money had become due by the tenor of said writing obligatory and before any part thereof had been paid said Presley Ward by the discription of P. Ward made his endorsement on said writing obligatory his own proper hand being 
thereunto subscribed by which said endorsement he assigned the said writing obligatory to the plaintiff for value rec’d and then & there delivered said writing obligatory to him said plaintiff, so assigned of which said defendant then & there had notice by which an action hath accrued to the plaintiff to demand & have of said defendant said sum of money above demanded.

Yet said defendant hath not paid said sum of money to said plaintiff since notice of said assignment or to the said Presley Ward before notice of the same but to pay said sum of $160 Dollars or any part thereof hath entirely failed & refused (Nor hath the said Benjamin Estes ever paid the said sum of money above demanded or any part thereof) and 
still doth refuse to the damage of the plaintiff $60 therefore he sues etc. Coalter & Irvine attos Pro Qr.

Page 220


On the trial Docket of said Court is wrote? the following to wit And now to wit the 29th Augst 1825 came the plf. by his attorney & signs Judgt for failing to plead or demur within the rules of Court Coalter & Irvine attos P. Ward Clk

And this cause continued until this term to wit the April term and being the 13th day of April 1826. Came the parties by their attornies & defendants saying nothing in bar or preclusion of the plaintiff’s action. It is considered by the Court that the plaintiff recover against said defendant the sum of one hundred & sixty dollars the debt in the declaration mentioned together with the further sum of nineteen dollars & twenty cents damages sustained by the plaintiff by reason of the 
detention of the said debt. Also their costs.