Final Record Civil & State Circuit Court

1825 - 1826

Pages 220 - 256

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

Page 220

#1195
William Kidd assignee vs Addison Wigglesworth ) Debt

State of Alabama Lauderdale County

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

Capias to wit.
The state of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the bodies of Addison Wigglesworth & Benjamin Estes wherever the(y) 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 William 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 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 March next. Witness Presley Ward Clerk of our said Court at office the 2nd day of February 1825 and of American independence the forty ninth year. Issued 2nd day of February 1825. Test P. Ward Clerk

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 19th day of January 1824 & by him assigned to the plaintiff due 12 months after date. Bail required as per affidavit of the plaintiff filed in the Clerk’s office for the sum of $160. Coalter & Irvine atto P. Q.

Page 222


Return to wit
Came to hand 2nd Feby 1825 executed same day & delivered a copy of the within to the defendant Addison Wigglesworth and committed 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 to wit
The state of Alabama Lauderdale County
Know all men by these presents that we Addison 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 three hundred & twenty Dollars lawful money of the state to which payment well and truly to be made, we bind ourselves and each of our heirs firmly by 
these presents. Sealed with our seals and dated the 2nd day of February 1825. The condition of the above obligation is such 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, plaintiff and Adison Wiglesworth & 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 223


Assignment to wit. I, Joseph N. Baker sheriff of the County of Lauderdale do hereby assign the within obligation and condition to William Kidd assignee etc. his Executors and Administrators to be sued for according to the statute in such cases made and provided. In witness whereof I have hereunto set my hand and seal this 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 day of August 1825 to wit
State of Alabama Lauderdale Circuit Court March term 1825
William Kidd assignee etc. by his atto. 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 together with one Benjamin Estes against whom process issued in this action, but as to whom the plaintiff discontinues his suit, on the 10th day of January 1824 at to wit in the County aforesaid made his certain writing 
obligatory of that date signed with his name sealed with his seal & now to the Court here shewn whereby he promised & bound himself to pay Presley Ward by the discription of P. Ward on hundred & sixty dollars twelve months after the date aforesaid for value recd and afterwards to wit on the 16th day of January 1824 said Presley Ward by the discription of P. Ward at to wit in the County aforesaid assigned over the said writing obligatory to said plaintiff for value rec’d his own proper hand being subscribed to said assignment, and he said Presley then & there delivered to said plaintiff said writing obligatory so specified of which assignment the defendant on the day & year aforesaid at the County aforesaid had notice by virtue of the premises aforesaid an action hath accrued to said plaintiff to demand & have of said defendant said sum of money in said writing obligatory specified.

Yet said defendant hath not (nor hath the said Benjamin Estes) paid said sum of money in said writing obligatory specified to the said Presley Ward before notice of said assignment or to the plaintiff since notice thereof nor any part thereof but the same to pay both the said Defendant and the said Estes have entirely failed & refused & still refuse to the damage of the said plaintiff $50 therefore he sues etc. Coalter & Irvine attos pro. Qr....

Page 225


And on the trial Docket of said Court the following is wrote. And now said plaintiff by his attorney signs Judgment for want of a plea or Demurer this 29th Aug’t 1825. Coalter & Irvine atto. Pro. plf. P. Ward Clk. And said 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 therefore considered by the Court that the plaintiff 
recover against said defendants the sum of one hundred & sixty Dollars the debt in the Declaration mentioned together with the further sum of sixteen dollars damages sustained by reason of the detention of sd debt also his costs in this behalf expended.

 

Page 225

#1230
James L. Armstrong assignee etc. vs Campbell & Elms

The State of Alabama Circuit Court for Lauderdale County

This day personally appeared before the undersigned Clerk of the Circuit Court for said County David Hubbard agent for the aforesaid James L. Armstrong & having prayed that a writ may issue from this office against said defendants holding them to bail doth make oath that the same is founded on a note 26th January 1825 due on the 4th instant for the payment of two hundred & forty nine dollars which sum is yet due as appears from said note the said Hubbard doth further make oath that the same is not sued out for the purpose of vexing or harrassing said Defendant. Sworn to and subscribed before me this 22nd March 1825. D. Hubbard. Test P. Ward Clk.

Capias to wit.
The state of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the bodies of William M. Campbell & Daniel Elms wherever they may be found in your County and them safely keep so that you have their bodies before the Judge of our next Circuit Court to be held for the County of Lauderdale at the Court house in the town of Florence on the first Monday after the fourth Monday in March 
instant to answer James L. Armstrong, assignee of Ezekiel K. Hudnell of a plea that they render to him two hundred & forty nine Dollars which to him they owe and from him detain to his damage one hundred dollars. Herein fail not and have you this writ at the Clerk’s office of said County three days previous to the first Monday after the fourth Monday 
in March instant. Witness Presley Ward Clerk of our said Court at office this 22nd day of March 1825 and of American independence the forty ninth year. Issued 22nd day of March 1825. Test. P. Ward Clk

Cause of action to wit.
This action is founded on a promissory note made by the Defendants (under the signature of Campbell & Elms) dated 26th January 1825 due on or before the 4th day of March 1825 for the payment of the sum of Two hundred & forty nine Dollars to E. K. Hudnell who on 31st January 1825 assigned said note to the plaintiff for value rec’d said note is due and 
unpaid. Bail required as per affidavit filed for $269 in Clerk’s office. D. Hubbard P. Q.

Return to wit. Came to hand 22nd March 1825 executed on the defendants & delivered them a Copy of the within March 23rd 1825. J. N. Baker shff by his Deputy A. W. H. Clifton

Page 227


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 2nd June 1825 to wit.
The state of Alabama Circuit Court for Lauderdale County April term for 1825. James L Armstrong, assignee of Ezekiel K Hudnell by attorney complains of William M Campbell & Daniel Elms in trade under the firm of Campbell & Elms of a plea that they render to him two hundred & forty nine Dollars which to him they owe & from (him) detain etc. for that said 
Defendants on the 26th day January 1825 in Lauderdale County aforesaid made their promissory note of that date by the stile of their firm & here shewn to the Court wherein they promised on or before the fourth day of March next thereafter to pay Ezekiel K. Hudnell (by the description of E. K. Hudnell) the just and full sum of two hundred & forty nine dollars and afterwards to wit on the 31 January 1825 in the county aforesaid the said Ezekiel K. Hudnell assigned said promissory 
note to the plaintiff of which the said defendants then & there had notice by means whereof they became liable to pay said sum of $249 Dollars to the said plaintiff.

Yet said defendants, although often requested have not as yet paid said plaintiff said sum of $249. or any part thereof nor did they pay the same or any part thereof to said E K Hudnell before notice of said assignment but the said sum of $249 to the plaintiff to pay they the said defendants have failed & refused & still refuses to the plaintiff’s damage one hundred dollars, wherefore he sues D. Hubbard, P. Q. and on said declaration is the following plea to wit.

Page 228


Campbell & Elms vs James L. Armstrong ) In Debt

This day came Campbell & Elms (Defts) by William B. Martin their attorney & defends the wrong & injury when & where & say that they do not owe to the said plaintiff the sum of money in said plaintiff’s declaration demanded or any part thereof in manner & form as the said plaintiff hath in his within declaration thereof complained against them & of this they put themselves upon the Country etc. W. B Martin atto for plf.. And the plaintiff doth the like. Hubbard P. Q.

Bail bond to wit.
The state of Alabama Lauderdale County.
Know all men by these presents, that we Wm M Campbell, Danl Elms and A. Buchanan are held and firmly bound unto Joseph N. Baker Sheriff of Lauderdale County or his assignment in the just and full sum of $498 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 23rd day of March 1825. The condition of the above obligation is such that the said A. Buchanan hath undertook in behalf of the said Em. M. Campbell & Danl Elms to be their special bail in an action now instituted in the Circuit Court of said County of Lauderdale wherein James L. Armstrong is plaintiff and Campbell & Elms 
Defendants and in case said Campbell & Elms should be cast in the action they shall pay & satisfy the condemnation of the Court or surrender their bodies in custody of the sheriff of said County or that the said A. Buchanan will do it for them. Given under our hands and seals this day and date above written. Wm M. Campbell (Seal) Daniel Elms (Seal) A. 
Buchanan (Seal)

I, Joseph N. Baker Sheriff of the County of Lauderdale do hereby assign the within obligation and condition to J. L. Armstrong Ass. etc. his Executors and Administrators to be sued for according to the statute in such cases made and provided. In witness whereof I have hereunto set my hand and seal this 30th Mar. 1825. J N. Baker Shff By his Deputy A W H Clifton And said cause continued until this term and being the 13th day of April 1826 Came the parties by attorney & the Defendants withdraw their plea by them heretofore pleaded & say nothing in bar of the plaintiffs action whereby they remain wholly undefended. It is therefore considered by the Court that the plaintiff recover of the Defendants $249. the debt in the Plaintiff’s declaration mentioned & the sum of $21.84 damage sustained by reason of the detention of said debt besides his costs about his suit in this behalf expended.

Page 230

#1235
James L. Armstrong Ass. etc vs Thomas McDonald ) Case

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

You are hereby commanded to take the body of Thomas McDonald 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 L. Armstrong assignee of Lemuel Hensley of a plea of trespass on the case on promises to his damage three 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 25th day of March 1825 and of American independence the forty ninth year. Issued 25th day of March 1825. Test P Ward, Clerk

This action is founded on an instrument in writing signed by the defendant dated 16th Oct 1824 wherein he promised on or before the 25 December next there after to pay Lemuel Hensley on order two hundred dollars in Tennessee or Huntsville Bank notes for value received said writing was on the 19th January 1825 assigned by said Hensley to the 
plaintiff for value rec’d said defendant has failed to comply with his said promise in consequence of which failure this suit is brought. No bail required. D. Hubbard P. Q.

Return to wit. Came to hand March 25th 1825 executed the same day & year by leaving a Copy of the within with the defendant. J. N. Baker Shff By his deputy N. H. Marks.

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 2nd Sept 1825 to wit.
The state of Alabama Lauderdale County)
Circuit Court April term for 1825.
James L Armstrong assignee of Lemuel Hensley by his attorney complains of Thomas McDonald in custody etc. of a plea of trespass on the case etc. on promises. For that said defendant on the 16th day of October 1824 in the county aforesaid made his certain promise in writing wherein he promised on or before the 25th day of December next there after to 
pay Lemuel Hensley on Order two hundred dollars in Tennessee or Huntsville Bank notes for value received which said note is signed with his said defendant’s name by the signature of Those McDonald & here shewn to the Court & the same was then & there delivered to said Hensley who afterwards on the 19th January 1825 in the County aforesaid assigned 
the same to the said plaintiff to demand sue for & recover the __ of said defendant amount of said writing.

Page 232
Yet said defendant not regarding his said promise & undertaking in this behalf but contriving & fraudulently intending craftily & subtilly to deceive & defraud said Plaintiff would not keep & perform his said promise & undertaking but hath broken the same in this to wit that he hath not at any time pay said plaintiff said sum of Two hundred dollars in Huntsville or Tennessee Bank notes according to the tenor & effort of said writing, or in any other way or manner nor did he pay the same to said Hensley at any time before he had notice of said assignment but his said promise to keep & perform hath hitherto failed & refused & still refuses to the plaintiff’s damage three hundred dollars wherefore he sues etc. D Hubbard P. Q.

Page 233


And on the trial Docket of said Court is wrote a Judgment signed for want of plea or Demurrer 17th Sept 1825. D. Hubbard P. Q Demurrer filed 19th September 1825 to wit Thos. McDonald vs Jas. L. Armstrong

And now said defendant comes & defends the wrong & injury when etc and says that the said declaration and the matters & things therein contained in manner & form as the same are above stated & set forth are not sufficient in law for the said plaintiff to have or mention his aforesaid action thereof against him said defendant and that he the said 
defendant is not bound by the law of the land to make any answer thereto and this he is ready to verify wherefore for want of a sufficient declaration in this behalf said defendant prays judgment etc. Coalter & Irvine for Deft.

And said cause continued until this term to wit the April term and being the 13th day of April 1826 came the by attorney & the defendants withdraws his plea by him heretofore pleaded & says nothing in barr of the plaintiff’s action & remains wholly undefended. It is considered by the Court that the plaintiff recover of the Defendant such damages as the plaintiff has sustained by the nonperformance of the promises in the plaintiff’s declaration mentioned whereupon came a jury of good & lawful men to enquire thereof to wit

Page 234

Reuben White
Larkin Hendrix
Josiah Thornton
William Hickman
Edward Conaway
Uriah Nannie
Charles L. Crowe
Lewis Edwards
Benjamin Haygood
Zebulon Jenkins
Moses Wright
William Winborn

who being elected tried & sworn the truth to speak upon this writ of enquiry of damage herein awarded upon their oaths do say that they find for the plaintiff and asess his damages to one hundred & eighty five dollars & fifty cents whereupon it is considered by the Court that the plaintiff recover of the defendant the damages aforesaid by the Jury assessed together with his costs in this behalf expended.

Page 234

#1192
Susannah Wood vs Hugh Campbell & Edmund Harrison

The State of Alabama
To the sheriff of Lauderdale County Greeting.

You are hereby commanded to take the bodies of Hugh Campbell & Edmund Harrison wherever they may be found in your County and them safely keep so that you have their bodies before the Judge of our next Circuit court to be holden for said County at the Court house in the town of Florence on the 1st Monday after the 4th Monday in September the present month to answer Susannah Wood of a plea that they render unto her the sum of Sixty dollars which to her they owe & from her unjustly detain to her damage one hundred dollars. Herein fail not and have you this writ at the office of the clerk of said Court three days previous to the 1st Monday after the 4th Monday in September the present month Witness Presley Ward Clerk of our said Court at office the 2nd day of September 1824 and of American independence the forty 9th year Test P Ward Clk. Issued 2nd day of September 1824.

Cause of action to wit this action of debt is founded on a writing obligatory executed by the Defendants on the 1st day of February 1820 for the payment of sixty dollars twelve months thereafter payable to the plaintiff by the discription of Suzannah Wood Admr of Josiah Wood deceased the whole of which appears to be due & unpaid. No bail required. Wm B & P. Martin attos for Plff 

Return to wit
Came to hand 6th Sept 1824 D. W. McKee D.S. Executed on E. Harrison by delivering him a Copy of the within writ 6th Sept 1824. Hugh Campbell not found in my County Sept 29th 1824. 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 heretofore you have been commanded to take the bodies of Hugh Campbell & Edmund Harrison 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 Susannah Wood of a plea that they render unto her the sum of Sixty Dollars which to her they owe & from her unjustly detain to her damages one 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 22nd day of October 1824 and of American independence the forty ninth year. Issued 22 day of October, 1824. Test P. Ward Clerk.

Page 236


Cause of action to wit. This action of Debt is founded on a writing obligatory executed by the Defendants on the 1st day of February 1820 for the payment of Sixty Dollars twelve months thereafter to the plaintiff by the discription of Susannah Wood Amr of Josiah Wood deceased the whole of which appears to be due & unpaid. No bail required. Wm. B. & P Martin attos for Plff Came to hand 25th Octr 1824 Executed on the defendants by delivering a copy of the within write 28 January 1825. 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 of 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 26th August 1825 to wit.


The state of Alabama Lauderdale County Circuit Court April term A.D. 1825
Susannah Wood by her attorney complains of Hugh Campbell & Edmund Harrison defendants in custody of the Sheriff etc. of a plea that they render unto her the sum of Sixty Dollars which to her they owe & from her unjustly detain etc. For that whereas heretofore to wit on the 1st day of February in the year of our Lord 1820 at to wit in the County aforesaid the said Defendants made their certain writing obligatory sealed with their seals & now to the Court shown the date whereof is the same day & year last aforesaid wherein & whereby they bound themselves & promised twelve months after the date last aforesaid to pay to the said plaintiff by the description of Susannah Wood Admr of Josiah Wood 
deceased the aforesaid sum of sixty dollars for value received. 

Yet said defendants although often requested so to do hath not (nor hath either of them) as yet paid to said plaintiff said sum of sixty dollars in said writing obligatory specified or any part thereof, but to pay the same, or any part thereof to said plaintiff said Defendants have at all times hitherto wholly failed & refused & still do refuse to the damage of said plaintiff one hundred dollars & therefore she sues etc. Wm. B. & P Martin attos for Plff

Hugh Campbell & Edmund Harrison ads Susanna Wood)
And now said Defendants by their attorney come and defends the wrong & injury when etc. and say actio non etc. because they say that they said defendants after the day on which sd writing obligatory became due and before the commencement of this suit to wit on the day __ at to wit in the County of Lauderdale aforesaid well & truly paid said sum of money in said writing obligatory specified together with all interest then due thereon according to the tenor & effect of the said writing obligatory and this they are ready to verify wherefore they pray Judgt sci actio etc.. Coalter & Irvine atto. Pro deft.

And said cause continued until this term to wit the April term and being the 12th day of April 1826. Came the parties by their attornies & the defendants withdraw their plea & say nothing in bar or preclusion of the plaintiff’s action against them. It is therefore considered by the court that the plaintiff recover against the defendants the sum of sixty 
dollars the debt in the plaintiff’s declaration mentioned together with the further sum of twenty four dollars & ninety six cents damages sustained by the plaintiff by reason of the detention of sd debt also her costs about her suit in this behalf expended etc.

Page 238

#1090
Weaver & Spear vs Michael Fox ) Case

The State of Alabama Lauderdale County

This day came William S. Fulton agent for Alva Spear and Jacob M Weaver trading under the firm of Weaver & Spear and makes oath that Micheal Fox stands justly indebted to the said Weaver & Spear in the sum of five hundred & eighty three dollars & forty two cents the balance due upon an open account. Bail is required for said sum of $583.42 not to vex or 
harrass said defendant but to secure the sum due William S Fulton agent & attorney for Weaver & Spear. Sworn to & subscribed before me this 16th day of September 1824. P Ward Clk Circuit Court

Capias to wit.
The state of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of Michael Fox 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 first Monday in September 1824 to answer Alva Spear and Jacob M. Weaver Merchants and partners in trade trading under the firm of Weaver and Spear of a plea Trespass on the Case to their damage eight hundred dollars.

Herein fail not and have you this writ at the office of the clerk of said Court three days previous to the first Monday in September next 1824. Witness Presley Ward Esq Clerk of our said Court at office the 16th day of September 1824. This action of assumpsit is brought by the plaintiff against the Defendant to recover of him the amount due by the defendant to the plaintiffs upon an open account, the balance due amounting to five hundred and eighty three Dollars forty two cents for goods wares & Merchandise etc. sold & delivered by the plaintiffs to the defendant and which balance appears to be due & unpaid. Bail required for said sum as per affidavit filed this 16th September 1824. P Ward Clk.

Return to wit.
Came to hand 16th September 1824 Executed and left a Copy of the within with the Defendants and the said Defendants delivered to the Jailor and sheriff of Lauderdale County September 16th 1824. J N Baker shff by his deputy N H Marks

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.

On the trial docket of said court is the following to wit, and now said defendant signs Judgt of non suit for want of a declaration this 28th Mrch 1825. D. Hubbard P. Q. 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 plaintiffs & dismisses this suit. It is therefore considered by the court that the defendant recover against the sd plaintiff his costs in this behalf expended etc..

Page 241

#1091
Weaver & Spear vs Michael Fox ) Case

The State of Alabama Lauderdale County.

This day came William S. Fulton agent for Alva Spear and Jacob M. Weaver trading under the firm of Weaver & Spear and makes oath that Michael Fox stands justly indebted to them Weaver & Spear in the sum of two hundred and eighty nine dollars with interest from the 1st day of May 1824 due to the plaintiffs by the Defendant’s note for said sum. Bail is required for said $289. not to vex or harrass sd defendant but to secure the same. William S. Fulton agent & attorney for Weaver & Spear. Sworn to & subscribed before me this 16th day of September 1824. P Ward Clk Circuit Court.

Capias to wit
The state of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of Michael Fox 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 first Monday after the fourth Monday in September 1824 to answer Alva Spear and Jacob M. Weaver Merchants and partners in trade trading under the firm of Weaver & Spear of a plea that he render to them the sum of two hundred and eighty nine dollars which to them he owes and from them unjustly detains to their damage eighty dollars.

Herein fail not and have you this writ at the office of the Clerk of said Court three days previous to the first Monday in September 1824. Witness Presley Ward Esq. Clerk of our said Court at office the 16th day of September 1824 and of American independence the forty ninth year. Test P Ward Clk. Issued 16th day of September 1824.

Cause of action to wit.
This action is founded on a note executed by the defendant to the plaintiffs for the sum of two hundred and eighty nine dollars, with interest from the 1st day of May 1824 which sum appears to be due and unpaid. Bail required for said sum as per affidavit filed in my office this 16th Sept. 1824. P. Ward, Clk.

Return to wit.
Came to hand 16th September 1824. Executed and left a copy of the within with the defendant and the said defendant delivered to the Jailor and sheriff of Lauderdale County September 16th 1824. Joseph N Baker shff by his deputy N H Marks. 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. On the trial Docket of said Court is the following to wit. And now said defendant signs judgment of non suit for want of a declaration this 28th March 1825. D. Hubbard P. Q. P Ward Clk

Declaration filed 14th April 1825 to wit
The state of Alabama Lauderdale County
Circuit Court September term 1824

Alva Spear and Jacob Weaver merchants and partners in trade trading under the stile and firm of Weaver & Spear by attorney complain of Michael Fox in custody etc. of a plea that he render to them the sum of two hundred and eighty nine dollars which to them he owes & from them unjustly detains for that whereas, the said Michael Fox at Richmond viz 
in Lauderdale County aforesaid on the 29th day of October 1823 made his promissory note of that date, signed with his name & here to the Court shewn whereby he promised six months after date to pay to Jacob Weaver & Alva Spear on order without offset, negotiable & payable at the Farmer’s Bank of Virginia at Lynchburg two hundred & eighty nine dollars value received. Yet the said Michael Fox altho. often requested, hath not paid to the said Weaver & Spear or either of them the said sum of Two hundred & eighty nine Dollars at the Farmer’s Bank of Virginia of Lynchburg or at any other place but the same to pay to them or either of them hath hitherto wholly neglected & refused and still doth refuse to their damage eighty dollars & therefore suit is brought. William S. Fulton atto for plf..

And this 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 by his attorney sets aside the judgment of non suit taken against the plaintiff & saying nothing in Bar or preclusion of the plaintiffs against him It is considered by the Court that the plaintiff recover against said Defendant the sum of two hundred & eighty nine dollars the debt in the declaration mentioned together with thirty three dollars & 20 cents damages sustained by the plaintiff for the detention of his sd debt also his costs in this behalf expended etc.

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#1234
James Bass & William Elder for use of James Bass vs Dudley Brown ) Debt

The State of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of Dudley Brown wherever he may be found in your County and him safely keep so that you have his body before the judge of our next Circuit court to be held for the County of Lauderdale at the Court house in the Town of Florence on the first Monday in March instant to answer James Bass & William Elder who 
sue for the use of James Bass Junior of a plea that he render to them the sum of three hundred & nineteen dollars twenty eight cents which to them he owes & from them unjustly detains to their damages two hundred dollars. ... Presley Ward Clerk of our said Court at office this 21st day of March 1825 and of American independence the forty ninth year. 
Issued 21st day of March 1825. Test P. Ward Clerk.

This action is founded on a record of the Supreme Court of Errors & appeals (fourth Judicial circuit of the state of Tennessee held at Nashville on the third Monday in July in July 1822 whereby James Bass & William Elder recovered Judgment for the use of James Bass Junior against said Dudley Brown for the sum of $259.50 debt & damages together 
with $12 costs which were adjudged to said plaintiffs in the Circuit Court of Rutherford County in the state aforesaid and which was affirmed in the said supreme Court and the further sum of $47.78 damages & costs which was adjudged to said plaintiffs on the affirmance of said Judgment by said Supreme Court which damages & costs of Supreme Court has been discharged by the Bail. No bail required. Coalter & Irvine attos Pro. Qr.

Return to wit
Came to hand 21st March 1825. Executed 24th March 1825 by delivering a copy of the within writ to the defendant J N Baker shff by his deputy D. W. McKee At the March term of said Court and being the 15th day of April 1825. On motion it is ordered that the time of 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 26th day of August 1825


State of Alabama Lauderdale County. Circuit Court March term 1825
James Bass & William Elder (who sue for the use of James Bass Jnur) by attorney complain of Dudley Brown in custody etc. of a plea that he render to them the sum of three hundred & nineteen dollars twenty eight cents which to them he owes & from them unjustly detains for that whereas at a circuit court began & held for the county of Rutherford at 
the court house in the town of Murfreesborough on the third Monday in August 1821 the said plaintiffs by the Judgment of the said Court recovered against the said defendant as well the sum of Two hundred & fifty dollars for his debt as the sum of nine dollars & fifty cents for his damages which he had sustained by reason of the detention of said debt together with the sum of twelve dollars for his costs & charges in that behalf expended whereof the said defendant is convicted the record and proceedings of which said Judgment so as aforesaid recovered with all things touching the same afterwards to wit, on the 7th day of January 1822 by virtue of a certain writ of the state of Tennessee for 
correcting Errors of and upon said Judgment directed to the Judge of the said Circuit court at the prosecution of the said defendant was sent & had before the supreme Court of Errors & appeals held at the court house in Nashville in the fourth Judicial Circuit in the State of Tennessee aforesaid: that afterwards to wit on the 5th day of July 1822 at a supreme Court began & held for the fourth Judicial circuit of the state of Tennessee aforesaid held at Nashville aforesaid It was considered and adjudged by the supreme court aforesaid that the said Judgment of the said circuit court in form aforesaid be in all things affirmed and that the plaintiffs for the use aforesaid recover of said defendant their debt damages & costs recovered & affirmed in said Supreme Court and that they also recover from said defendant and Portland Curle & Samuel Maxwell his securities for prosecuting his said writ of Error thirty two dollars forty three cents for the damages said plaintiffs sustained by reason of the delay of the execution of the Judgment aforesaid together 
with the further sum of fifteen Dollars thirty five cents for their costs & charges by them expended in defending said writ of error in said supreme Court of errors & appeals as by the record now remaining in the office in the Clerk of said Supreme Court at Nashville in the fourth Judicial Circuit of the state of Tennessee aforesaid to wit in the County of Lauderdale aforesaid more fully appears which said Judgment still remains in said Supreme Court to wit in the county last aforesaid in full force strength and effect not in any wise reversed vacated paid off or satisfied in any manner whatsoever whereby an action hat accrued to said Plaintiffs to demand & have of & from the said defendant the 
debts damages costs & charges aforesaid amounting to the sum aforesaid of three hundred & nineteen Dollars twenty eight to wit at in the County of Lauderdale aforesaid. Nevertheless the said Defendant although often requested hath not paid the sum of money last aforesaid or any part thereof to the said plaintiffs but to pay the sum or any part thereof 
hath entirely failed & refused and still doth refuse to the plaintiff’s damage two hundred dollars therefore he sues etc. Coalter & Irvine attos Pro. Qr. pleas filed 3rd September 1825 to wit.

 

Page 248

Pleas

Dudley Brown ads James Bass & Wm. Elder
Circuit Court Apl term 1825

And now said defendant by his attorney comes & defends the wrong & injury when where etc. & says the plaintiff’s aforesaid their action aforesaid to have & maintain against him ought not because he says that there is not any record of the supposed judgement against him said defendant remaining in full force & effect of record in the supreme Court in the state of Tennessee for the said sum in the said plaintiff’s declaration claimed & mentioned in manner & form as the said plaintiff hath therein alledged & complained against him said defendant is ready to verify wherefore he prays judgment etc. Wm B Martin atto for Deft.

Replication & issue Coalter & Irvine atto.
And for further plea in this behalf said defendant says said plaintiff’s actio. non. etc. because he says there never did any writ of fieri facias or capias adrespondendum issue on said supposed judgment in said declaration sued on & mentioned at any time within 12 months next after the end of the term of the Court at which the same was obtained whereby 
said judgment became & was as yet is of no force & effect whatsoever & this said defendant is ready to verify wherefore he prays Judgment etc. Wm. B. Martin for Deft And said defendant comes & craves oyer of a copy of said supposed 
judgment etc. in said Plaintiff’’s declaration mentioned. Wm. B. Martin for Deft. And said cause continued until this term to wit the April term & being the 15th day of April 1826.

This day came the parties by attorney and on motion of said Plaintiff to strike out the paper filed as said defendant’s second plea in this behalf and on argument thereon It is considered by the Court that said paper so filed as aforesaid is entirely frivolous it is therefore ordered by the Court that the same be stricken out and issue being joined on the first plea by said defendant filed in this behalf and the record being seen & inspected by the Court It is the opinion of the 
Court that there is such record of the proceedings as set forth in said declaration in all things good & sufficient. It is therefore considered by the Court that the said Plaintiffs recover against said defendant the sum of three hundred & nineteen Dollars twenty eight cents the debt in the declaration mentioned and the sum of seventy four dollars damages 
for its detention together with the costs in this behalf expended.

Page 250

#1256
Alexander Wooton vs Robert Bradon ) Debt

The State of Alabama
To the Sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of Robert Bradon wherever he may be found in your County and him safely keep so that you have his body before the judge of our next Circuit Court to be held for the County of Lauderdale at the Court house in the Town of Florence on the first Monday after the fourth Monday in March instant to answer Alexander Wooton of a plea that he render unto him the sum of seventy one dollars which to him he owes & from him unjustly detains to his damage fifty dollars.

Herein fail not and have you this writ at the Clerk’s office of said County three days previous to the first Monday after the fourth Monday in March instant. Witness Presley Ward Clerk of our said Court at office this 21st day of March 1825 and of American independence the forty ninth year. Issued 21st day of March 1825. Test P. Ward Clerk

This action of debt is founded on a promissory note for seventy one dollars made by the defendant on the fourth day of June 1824 payable to the plaintiff on or before the 1st day of October next after said date the whole of which is due & unpaid. No bail required. Wm B & P Martin attos for Plff.

Return to wit.
Came to hand 21st March 1825 executed on the defendant by delivering him a Copy of the within writ March 29th 1825. J N Baker shff by his Deputy N. H. Marks And at the April term of said Court & 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 24th August 1825 To wit. 


The State of Alabama Lauderdale County Circuit Court April term 1825.
Alexander Wooton by his attorney complains of Robert Bradon in custody of the sheriff etc. of a plea that he render unto him the sum of Seventy one Dollars which to him he owes & from him unjustly detains etc. For that wheras heretofore to wit on the 4th day of June in the year of our Lord 1824 at to wit in the County aforesaid the said Robert defendant 
made his certain promissory note in writing of that Subscribed with his own hand & name & which is now here to the Court produced wherein & whereby he promised on or before the first day of October next after said date of said note to pay to said plaintiff the aforesaid sum of Seventy one Dollars for value received. Yet said Defendant altho often requested so to do, hath not as yet paid to said plaintiff the aforesaid sum of Money or any part thereof to said plaintiff the said defendant hath at all times hitherto wholly failed & refused & still doth refuse to the damage of said plaintiff fifty dollars therefore he sues etc. Wm. B. & P. Martin attos for Plff.

And said cause continued until this term to wit the April term and being the 14th day of April 1826. Came the parties by their attornies & the Defendant saying nothing in bar or preclusion of the plaintiff’s action against him. It is therefore considered by the Court that the plaintiff recover against the said defendant the sum of Seventy one __ the debt in 
the plaintiff’s declaration mentioned together with the further sum of eight dollars & seventy two cents damages sustained by the plaintiff for the detention of his said debt also his costs in this behalf expended.

Page 252

#1260
Thomas McKissack, Admr vs Isaac Hudson & Others ) Debt

The State of Alabama Lauderdale County

You are hereby commanded to take the bodies of Isaac Hudson, Thomas Hanie & John McKissack wherever they may be found in your County and them safely keep so that you have their bodies before the Judge of our next Circuit Court to be holden for said County at the Court house in the town of Florence on the first Monday after the fourth Monday in March instant to answer Thomas McKissack sole Administrator of Wilson Jones deceased in a plea that they render unto him the sum of one hundred & sixty one dollars fifty cents which to him they owe and from him unjustly detain to his damage one hundred dollars. Herein fail not and have you this writ at the office of said Court three days previous to the first Monday after the fourth Monday in March inst. Witness Presley Ward Clerk of our said court at office the 22nd day of March 1825 and of American independence the 49 year. Test P. Ward Clk. Issued 22nd day of March 1825.

Cause of action to wit
This writ is issued upon a note under seal executed by Isaac Hudson, Thomas B. Hainie and John McKissack to Thomas McKissack and Edward J. Bailey Administrators of Wilson Jones deceased on the 30th of December 1818 and payable on the 25th Decr thence next ensuing for the sum of one hundred & sixty one dollars & fifty cents. Harris attorney No Bail 
required. Harris attorney.

Return to wit
We John McKissack & Thomas B. Hainie acknowledge of the within writ this 15th day of March 1825. Those B. Hainie John McKissack came to hand 28th March 1825. Executed 30th March 1825 on Isaac Hudson & delivered him a Copy of the within. Hainie & McKissack not found in my County. J N Baker Shff by his deputy A W H Clifton. At the April term of said Court and being the 15th of April 1825 on motion It is ordered that the time for pleading be extended and that sixty days from the rise of this Court be allowed plaintiffs to file declarations in all cases returnable to the present term and thirty days thereafter to defendants to plead etc.

Page 254


Declaration filed to wit
State of Alabama Lauderdale County
Circuit Court March term 1825

Thomas McKissack sole Administrator of the estate of Wilson Jones deceased complains of Isaac Hudson, Thomas B. Hainie & John McKissack in custody etc. of a plea that they render unto him the sum of one hundred and sixty one dollars and fifty cents which to him they owe & from him unjustly detain. For that the said Isaac Hudson, Thomas B. Hainie & John McKissack by the names & discription of Isaac Hudson, Those B. Hainie & John McKissack heretofore to wit on the 30th of December 1818 in the County of Lauderdale aforesaid made and executed to said plaintiff & one Edward J. Bailey by the name & discription of Thomas McKissack & Edmond J Bailey Administrators of Wilson Jones decd their certain writing obligatory commonly called a Bill single, their own proper hands and seals being thereunto subscribed which said writing obligatory is to the Court now here shewn the date whereof is the day & year aforesaid by which said writing obligatory they the said defendants bound themselves & then and there promised to pay on the twenty fifth day of December next ensuing the aforesaid date of sd writing obligatory unto Thomas McKissack & Edmond J. Bailey on their order the sum of one hundred & sixty one dollars & 50 cents the hire of a negro man Willis & his wife Feby with two children until the 25th day of December thence next ensuing. And the said plaintiff doth aver, that, after the execution of 
sd writing obligatory by said defendants as aforesaid to wit on the __ day of __ in the year __ at a Court of pleas & Quarter sessions holden for the County of Giles in the state of Tennessee (to wit in the County of Lauderdale aforesaid) in which said Court Letters of Administration had been granted said plaintiff & said Edmond J Bailey jointly upon the 
estate of said Wilson Jones deceased said Edmond J Bailey was by the judgment aforesaid Court & in pursuance of the laws of the state of Tennessee removed from the administration of the estate of sd Wilson Jones deceased and said plaintiff constituted the sole administrator of said estate as by the records of said Court remaining in the Clerk’s 
office thereof at Pulaski (to wit in the County of Lauderdale aforesaid) will more fully and at large appear. by reason whereof a right accrued to said plaintiff solely to demand & have of said defendants the debt in writing obligatory aforesaid specified. Nevertheless said plaintiff doth aver, that said defendants did not on the 25th of December next ensuing the aforesaid date of the aforesaid writing obligatory or at any other time pay either to him or the said Edmond J Bailey the aforesaid sum of $161.50 cents the debt in the writing obligatory aforesaid specified or pay part thereof; but to pay the same, though often requested hitherto altogether have refused & still do refuse to the damage of sd plaintiff 
of one hundred dollars & therefore he sues. Harris & Dawson P. Q.

Page 256


Pleas to wit.
Lauderdale Circuit Court March Term 1825
Those McKissack vs Isaac Hudson, Thos. B. Hainie & John McKissick

And now said Defendants come & defend the wrong & injury when etc. and craves oyer of the endorsement on the original writ in this cause & they are read to them in the words & figures following to wit “This writ is founded upon a note under seal executed by Isaac Hudson, Thomas B. Hainie & John McKissick to Thomas McKissick & Edmond J? Bailey 
Administrators of Wilson Jones dec’d on the 30th Dec’r 1818 and payable on the 25th Dec’r thence next ensuing for the sum of one hundred & sixty one dollars fifty cents. Harris attorney. No bail required.” Came to hand 25th March 1825. Executed 30th March 1825 on Isaac Hudson & delivered him a copy of the within. Hainie & McKissick not found in my 
county. J. N. Baker shff By his Deputy A. W. H. Clifton.

They also craves oyer of the writing obligatory in the plaintiff’s declaration mentioned & it is read in the words & figures following to wit “on the twenty fifth day of December next we promise to pay unto Thomas McKissick and Edmond J. Bailey Administrators of Wilson Jones deceased on their order the sum of one hundred & sixty one dollars fifty cents for the hire of a negroe man Willis and his wife Feby with two children until the 25th day of December next ensuing In witness whereof we have hereunto set our hands & seals this 30th day of December 1818. Isaac Hudson (Seal) Those B. Hainie (Seal) John McKissick (Seal) “ Test” which being read & heard said defendants pray Judgment of said writ & 
declaration & that the same may be quashed because they say that said original writ issued against all three of said defendants that it was returned? & not found as to two of them to wit, McKissick & Hainie & the declaration filed against all as if in custody & this they are ready to verify.

Wherefore they pray judgment of said writ & declaration & that the same may be quashed. And for further plea in this behalf said defendants come & further defend the wrong & injury when etc. & pray judgment of said original writ & declaration & that the same may be quashed because they say said note is & was made & executed to two several obligees, to wit, Thomas McKissick & Edmond J Bailey & that the plaintiff’s writ & declaration on said note is in behalf of Thomas McKissick only & this they are ready to verify wherefore they pray judgment of said original writ & declaration & that the same may be quashed. Coalter & Irvine atto for the defendants. And said cause continued until this term to wit, the April Term and being the 14th day of April 1826 came the parties by their attornies and after argument of counsel upon the plaintiff’s demurrer to the Defendants plea in abatement being heard & understood by the Court. It is considered by the Court that said demurrer be overruled & that the said plea sustained and that this suit abate and the defendants recover against the plaintiff their costs about their defence in this behalf expended.”