Final Record Civil & State Circuit Court

1825 - 1826

Pages 332 - 350

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

Page 332

#1098
Thomas J Crow vs Wm. C. Bruce ) Debt

The state of Alabama.
This day personally appeared before me Presley Ward Clerk of the Circuit Court of Lauderdale County, the above plaintiff Thomas J. Crow, who having sued out a writ the day of the date hereof doth make oath that the said Wm. C. Bruce stands justly indebted to him in sum of ninety three dollars by his writing obligatory dated 9th April 1823 for the payment of $150 twelve months after the date thereof to said Crow. Said note has credits to the amount of fifty five dollars. The Plaintiff having required that the 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 & subscribed before me this 11th September 1824. Those J. Crow. P Ward Clk

The State of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of William C. Bruce 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 first Monday after the 4th Monday in September inst to answer Thomas J. Crow of a plea that he render to him One hundred & fifty dollars, 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 office of the Clerk three days previous to the first Monday after the 4th Monday in September instant. Witness Presley Ward Clerk of our said Court at office the 11th day of September 1824 and of American independence the forty ninth year. Test P Ward Clk. Issued 11th day of September 1824.

 

Cause of action To wit.
This action is founded on a writing obligatory executed on the 9th day of April 1823 by the defendant to secure to the plaintiff, on order, twelve months after the date thereof, the sum of one hundred and fifty dollars for value received. The plaintiff having filed an affidavit in the office of the clerk of the circuit court, wherein he states that ninety three dollars is justly due. The Sheriff will take bail to that amount. D. Hubbard atto. P. Q. Sheriff’s return to wit.


Came to hand Sept. 11th 1824. Executed September 22nd 1824 by delivering the defendant a copy of the within. 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 William C. Bruce & Wm Whitsitt are held and firmly bound unto Joseph N. Baker sheriff of Lauderdale County or his assignment in the just and full sum of one hundred & eighty six dollars lawful money of the state; to which payment, well and truly to be made, we bind ourselves and each of our heirs firmly by these presents. Sealed with our seals and dated the 22nd day of September 1824. The condition of the above obligation is such, that the said Wm. Whitsitt hath undertook in behalf of the said William C Bruce to be his special bail in an action now instituted in the circuit court of said County of Lauderdale wherein Thomas J. Crow is plaintiff and William C. Bruce defendant and in case said William C. Bruce 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 Wm Whitsitt will do it for him. Given under our hands and seals this day and date above written. Wm C Bruce (Seal) Wm. Whitsitt (Seal)

Assignment to wit
I, Joseph N. Baker Sheriff of Lauderdale County do hereby assign the within obligation & condition to Thomas J. Crow his executors administrators etc. to be sued for agreeable to the statute in such cases made & provided. In witness whereof I have hereunto set my hand & seal Sept 29th 1824. J. N. Baker shff (Seal) 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. On the 22nd day of March 1825 the plaintiff by his attorney filed his declaration as follows to wit. 


The state of Alabama Lauderdale County
At Circuit Court October Term for the year 1824 Thomas J. Crow by attorney complains of William C. Bruce in custody etc. of a plea that he render to him one hundred & fifty dollars which to him he owes & from him detains etc.. For that said defendant on the 9th day of April 1823 at to wit in the County aforesaid made his writing obligatory of that date sealed with his seal & here shewn to the Court wherein he promised twelve months after the date thereof to pay the plaintiff on order one hundred & fifty dollars for value received. Yet said defendant although often requested hath not paid said plaintiff said sum of $150. dollars or any part thereof: but the same to him to pay hath hitherto failed & refused & still refuses to the said plaintiff’s damage one hundred dollars therefore the plaintiff sues. D. Hubbard attorney for the plaintiff. On the trial Docket of said court is indorsed the following. And now said plaintiff by attorney signs Judgment final for the said defendants having failed to plead or demur to the plaintiffs said declaration 28th March 1825 D. Hubbard P. Q. 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 & the defendant saying nothing in bar or preclusion of the plaintiff’s action against him. It is considered by the court that the plaintiff recover against the said defendant the sum of ninety five dollars & ninety cents the balance of the debt in the plaintiffs declaration mentioned together with the further sum of fourteen dollars damages sustained by the plaintiff by reason of the detention of his said debt - also his costs in this behalf expended etc..

Page 336

#1097
T. & J. Kirkman vs Wm. W. Garrard ) Debt

The State of Alabama Lauderdale County

This day came Thomas Kirkman Jr. and makes oath that William W. Garrard is justly indebted to the firm of T. & J. Kirkman by note of hand in the sum of four hundred and eighty three Dollars fifty eight cents with interest from the 2nd day of Jany 1826. Said note is dated the 1st day of January 1824 and payable to the sd T. & J. Kirkman one day after the date thereof. Bail is required by the plaintiffs to secure their debt, and to to vex or harrass said defendant. Tho. Kirkman Jr.. Sworn to & subscribed before me this 20th of Septr 1824. P. Ward Clk of Lauderdale Circuit Court.

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

You are hereby commanded to take the body of William W. Garrard wherever he may be found in your County and him safely keep, so that you have his body before the judge of our next circuit (court) to be 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 Thomas Kirkman & James Kirkman Merchants & partners trading under the firm & style of T. & J. Kirkman of a plea that he render to them Four hundred & eighty-three Dollars & fifty eight cents which to them he owes & from them detains to their damage two hundred Dollars. Herein fail not, and have you this writ at the office of the Clerk of said Court three days previous to the 1st Monday after the 4th Monday in September instant. Witness Presley Ward Clerk of our said Court at 
office the 18th day of September 1824 and of American independence the forty ninth year. Test P Ward Clk. Issued 18th day of September 1824.

Cause of action to wit.
This action is founded on a promissory note made by the Defendant on the 1st day of January 1824 to secure the payment one day after the date thereof to the plaintiffs of the sum of four hundred & eighty three Dollars & fifty eight cents value recd said sum is due & unpaid. D. Hubbard P. Q. Bail is required of the Defendant for the sum of four hundred and eighty three Dollars fifty eight cents p. affidavit of Thomas Kirkman Jr in my office filed P. Ward Clk.

Sheriffs return To wit
Came to hand Septr 20th 1824. Executed by delivering the within Defendant a copy of the within Sept 22nd 1824. J N. Baker 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 William W. Garrard & William Garrard are held and firmly bound unto Joseph N. Baker sheriff of Lauderdale County or his assignment in the just and full sum of Nine hundred & sixty seven dollars 16 cents 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 22nd day of September 1824. The condition of the above obligation is such that the said William Garrard hath undertook in behalf of the said William W. Garrard to be his special bail in an action now instituted in the Circuit court of said County of Lauderdale wherein Thomas Kirkman & James Kirkman Merchants & partners trading under the firm & style of T. & J. Kirkman are plaintiffs, and William W. Garrard is defendant, and in case said William W. Garrard 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 William Garrard will do it for him. Given under our hands and Seals this day and date above written. W. W. Garrard (Seal) William Garrard (Seal)

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..

Declaration filed 8th day of October 1824. To wit The State of Alabama. Lauderdale County To wit Circuit court October 
Term 1824 Thomas and James Kirkman Merchants and partners trading in the Town of Florence, under the Style and firm of T. & J. Kirkman by attorney complain of William W Garrard in custody etc. of a plea that he render unto the said Plaintiffs the sum of Four hundred and eighty three Dollars and fifty eight cents which to them he owes, and from them 
unjustly detains. For that the said defendant on the 1st day of January 1824 at the County aforesaid, by his certain note in writing subscribed with his name under the description of W. W. Garrard and a scroll of the pen thereunto affixed (and which is now here to the court shown) the date whereof is the same day and year aforesaid did promise to pay said 
plaintiffs, the said sum of Four hundred and eighty three Dollars fifty eight cents one day after the date of the said note, value received: Yet the said defendant, although often requested so to do, hath not, as yet, paid the said sum of money above demanded, to the said plaintiffs or either of them; but to do the same, hath wholly refused, and still does 
refuse to do, to the damage of said plaintiffs, Two hundred Dollars, and therefore they bring suit. D. Hubbard pro. plf..

Page 340


On the trial Docket of said Court is endorsed the following and now said said defendant by attorney comes & signs judgment final for the Defendants failing to plead or demur to Plaintiff’s declaration within the rules of Court this 9th February 1824. D. Hubbard P. W. 

Plea To wit
Lauderdale Circuit Court October Term 1824
And now said defendant comes & defends the wrong & injury when where etc. & craves oyer of the writing obligatory in the plaintiff’s declaration mentioned & it read to him in the words & figures following to wit $483.58 one day after date I promise to pay T. & J. Kirkman the sum of four hundred & eighty three dollars and fifty eight cents Vale recd Jany 1, 1824 W. W. Garrard (Seal) which being read & heard said plaintiff says said Plaintiffs actio non etc. because he says said note 
was made to the plaintiffs to secure to them the sum therein named which was due & owing from said defendant to said plaintiffs on account of goods, ware & merchandise which was at & before that time sold & delivered to the Defendant by said Plaintiffs and the Plaintiff avers that at the date of the sale of said good, wares & merchandise, said plaintiffs were Merchants & were then & there selling of their goods wares & merchendise for the Bank paper then in circulation, To wit, 
Tennessee & Huntsville Bank paper & that said Defendants were then & there selling their merchendise with a reference to the depreciation of said paper currency & at a price which on said sale they esteemed equal to lawful money and at the sale of the goods by the plaintiffs to the defendant for which said note was made to accrue such a percent was laid 
on the goods so sold in addition to the common or usual proffits as would make the price equall to lawful money & the plaintiff avers that before the commencement of this action he well & truly paid to the plaintiff so much money as was equal to the principal & interest then at that time due on said note after reducing the amount equal to good & lawful money by the scale of depreciation proper at the date at which said note was due & payable which was accepted by said plaintiffs in full satisfaction thereof & this he is ready to verify etc.. George Coalter atto pro deft.

Assignment to wit.
I, Joseph N. Baker sheriff of Lauderdale County do hereby assign the within obligation & condition to Thos. & James Kirkman partners trading under the Style & firm of T. & J. Kirkman to be sued for agreeable to the statute in such cases made & provided. In witness whereof I have hereunto set my hand and seal Sept 29th 1824. J. N. Baker shff (Seal) by 
his deputy A W H Clifton. And said cause continued until this term, to wit the April term and being the 10th day of April 1826 Came the plaintiffs by their attorney & say that they wish no further to prosecute this suit but for costs. It is therefore considered by the Court that the plaintiff recover against said Defendant the costs about this suit expended & that the same be dismissed.

Page 342

#979
John Jackson vs William L. Wilson ) Trespass

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

You are hereby commanded to take the body of William L. Wilson 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 fourth Monday in March 1824 to answer John Jackson of a plea of trespass on the case to his damage Three hundred Dollars. Herein fail not, and have you this writ at the office of the Clerk of said Court three days previous to the said term. Witness Presley Ward Esq. Clerk of our said Court at office the 2nd day of March 1824 and of American independence the forty eighth. Test P Ward Clk. Issued 2nd day of March 
1824.

Cause of action To wit.
This action is brought to recover a Black horse, the property of the plaintiff valued at one hundred and fifty Dollars, which horse came to the possession of the defendant, by finding, and which the defendant has refused to deliver to the plaintiff, and has converted to his own use, to recover which property, or the value thereof, this suit is brought. William S. Fulton atto. for plf.. Sheriff’s return to wit. Came to hand 2nd March 1824 Executed and left a copy with the defendent the same day. J. N. Baker shff At the October term of said Court and being the 10th day of October 1825. The plaintiff’s counsel enters a motion to amend the writ in this case as follows Leave is given to amend the original writ in this case to make it read Trespass on the case instead of trover. Declaration file 17th September 1824. To wit. The state of Alabama Lauderdale County. Circuit court March term 1824. John Jackson by attorney complains of William L Wilson in custody etc. 
of a plea of trespass on the case in trover that whereas the said John Jackson on the __ day of __ in the year 1824 at the County aforesaid, was possessed of a certain Black horse of the price of one hundred and fifty Dollars, and being so possessed thereof, afterwards, to wit, the same day and year aforesaid at Lauderdale County aforesaid casually lost the said Black horse out of his hands & possession, which said horse afterwards, to wit, on the __ day of __ in the year last aforesaid came to the hands and possession of the said William L. Wilson by his finding the same. Yet the said William L. Wilson well knowing the said Black horse to be the property of the said John Jackson and of right to belong to him, but contriving and fraudulently intending craftily & subtilly, to deceive and defraud the said John Jackson in this behalf, hath not, although often requested delivered the said horse to the said John: but on the contrary thereof, he the said William L. afterwards, to wit, on the __ day of __ in the year 1824 at Lauderdale County aforesaid converted & disposed of said horse to his own use to the damage of the plaintiff three hundred dollars & therefore he brings his suit. William S. Fulton atto. for plf.. The defendant pleads not guilty. At the April term of said Court and being the 10th day of April 1826. Came the plaintiff by his attorney & suffers a non suit in this cause. It is therefore considered by the Court that the defendant recover against the plaintiff his costs in this behalf expended & depart hence without day.

Page 344

 

#1212
Richard B. Dallum & Samuel Bowan Admrs vs Henry Garrard ) Debt

 

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

You are hereby commanded to take the body of Henry Garrard, wherever he may be found in your County, and him safely keep, so that you have his body before the judge of our next circuit Court, to beheld 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 Richard B. 
Dallum & Samuel Bowan administrators of the goods & chattels rights & credits of Handley Moore deceased of a plea that he render to them the sum of ninety nine Dollars which to them he owes & detains to their 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 8th day of February 1825 and of American independence the forty ninth year. Issued 8th day of February 1825. Test P. Ward Clerk

Cause of action To wit.
This is an action of Debt brought upon the record of a judgment of the Mecklenburg Circuit Court in the State of Kentucky recovered by the said Handley Moore in his lifetime against the said Henry Garrard as Special bail for William W.Garrard. No Bail required. McKinley & Hopkins. Sheriff’s return To wit Came to hand 12th Feby 1825. Executed Feby 25th 1825 by delivering the defendant a copy of the within write. J. N. Baker Shff by his deputy M. C. Young. 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 trial Docket of said Court is endorsed the following. And now said defendant by his agent Wm. W.Garrard comes & signs judgt. of non suits for the failure of said Plffs to file his declaration this 3rd October 1825. W. W. Garrard. Declaration to wit.


State of Alabama Lauderdale County
Spring term of Circuit Court 1825.
Richard B. Dallum & Samuel Bowen administrators of the goods & chattels rights & credits of Handley Moore deceased complain of Henry Garrard in custody etc. of a plea that he render unto them the sum of ninety nine dollars which from them he unjustly detains. For that whereas on the 6th day of March 1820 at the Courthouse in Greenville in the State of 
Kentucky before the Honourable Benjamin Shackleford presiding Judge of the Mecklenberg Circuit Court to wit in the County aforesaid the said Handley Moore by the consideration & Judgment of the said Court recovered against the said Henry Garrard the sum of Ninety nine Dollars above demanded which in & by the said Court were then & there adjudged 
to the said Handley Moore for his debt & interest which he had sustained as well by the non performance by the said Henry Garrard of certain promises & understandings there lately made by the said Henry Garrard to the said Handley Moore as for his costs & charges by him about his suit in that behalf expended. Wherefore the said Henry Garrard was convicted as by the record & proceedings thereof remaining in the said Court more fully appears which said judgment still remains in full force & effect not reversed satisfied or otherwise vacated. And afterwards to wit on the __ day of __ the said Handley Moore departed this life & administration of all & singular the goods & chattels rights & credits of the said Handley Moore were granted to the said plaintiffs as appears by the letters testamentary which have been ready to produce in Court. And the said Handley Moore in his lifetime nor the said plaintiffs since his death have not obtained execution or satisfaction of or upon the said judgment so recovered as aforesaid whe(re)by by an action hath accrued to the plaintiffs to demand & have of & from the said Henry Garrard the said sum of $99 above demanded: Yet the said Henry Garrard (although often requested so to do) hath not yet paid to the said Handley Moore in his lifetime nor to the said plaintiffs since his death said sum of $99 or any part thereof: but to pay to the plaintiffs said sum of $99 he the said Henry Garrard hath wholly failed & refused & still doth & refuse the same to pay to the damage of the plaintiffs one 
hundred dollars & therefore they bring their suit etc. McKinley & Hopkins. 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 & the judgment of non-suit is set aside & said defendant saying nothing in bar or preclusion of the plaintiffs action. It is therefore considered by the court that the plaintiff recover against said defendant the sum of ninety nine dollars debt in the declaration mentioned together with thirty five dollars damages sustained by the plaintiff by reason of the detention of sd debt & their costs in this behalf expended & plaintiff stays execution untill after the next term of this Court.

Page 347

 

#986
Abner Rose Jr. vs Lemuel Rogers ) Case

 

The state of Alabama Lauderdale County
To the Sheriff of said County Greeting:

You are hereby commanded to take the body of Lemuel Rodgers 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 Florence on the first Monday after the fourth Monday in March next (inst) to answer Abner Rose Jr. in a plea of trespass on the case to his damage Seventy five Dollars. Herein fail not, and have you then there this writ three days previous to the first Monday after the fourth Monday in March next (inst). Witness Presley Ward Clerk of our said Court at office the eighth day of March 1824 and American independence the 48th year. Issued 8th March 1824. Presley Ward Clk.

Cause of action To wit. This action is to recover the value of a rifle gun the property of the plaintiff which the defendant took & converted to his own use to the damage of the plaintiff seventy five dollars. George Coalter Atto. Pro. Qr. Sheriff’s return to wit Came to hand the 8th day of March 1824. Executed the 19th March 1824 & left a copy with the defendant. J. N. Baker Shff by his deputy James Coalter. 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 filed 20th May 1824 to wit. State of Alabama Lauderdale County Circuit Court March term 1824. Abner Rose by his attorney complains of Lemuel Rodgers in custody etc. of a plea of For that said plaintiff heretofore to wit on __ at __ to wit in the County aforesaid was Lawfully possessed of a certain Rifle 
gun of great value to wit of $50 as of his own property and being so possessed thereof he the said plaintiff casually lost the said Gun out of his possession and the same afterwards to wit on __ aforesaid at __ aforesaid came to the possession of said defendant by finding. Yet said defendant well knowing the said Gun to be the property of him said 
plaintiff and of right to belong & appertain to him, but contriving & fraudulently intending craftily & subtilly to deceive & defraud the said plaintiff in this behalf, hath not as yet delivered the said Gun to the said plaintiff altho. often requested so to do & hath hitherto wholly refused so to do and afterwards to wit. on the day & year aforesaid at __ in the county aforesaid, converted the said Gun to his own use to the damage of the plaintiff seventy five dollars therefore he sues etc. Coalter & Irvine attos. P. Q. Plea filed 4th September 1824 to wit. Lemuel Rodgers ats? Abner Rose, and the said defendant by his attorney comes & defends the wrong & injury when where etc. & says he is not guilty of the said supposed grievances laid to his charge in manner & form as the said Rose (the plf.) hath in his declaration thereof 
complained against him & of this he puts himself upon the Country etc. Wm B Martin atto for the Deft 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 & says he wishes no further to prosecute his suit in this behalf than for the costs & came the defendant in his proper person & assumed the sd costs. It is therefore considered by the court that the said suit be dismissed & that the plaintiff recover against the defendant the costs aforesaid assumed & defendant depart hence etc.

Page 350

 

#1004
Edward Trainor vs Catharine Looney ) Case

 

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

You are hereby commanded to take the body of Katharine Looney wherever she may be found in your County and her safely keep, so that you have her 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 Edward Trainor of a plea of trespass on the case to his damage Two 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 March instant. Witness Presley Ward Esq. Clerk of our said Court at office the 6th day of March 1824, and of American Independence the forth 8th year. 
Test P Ward clk. Issued 6th day of March 1824. Cause of action to wit. This is an action of Trover brought by the plaintiff to recover of the Defendant damages for converting to her own use a set of Carpenters tools & other tools for building, consisting of Planes, Saws, Squares, hammers, Chissells,drawing-knives & howels & axes & Footadzees, Compasses & files,Jointers etc. etc. too tedious to mention. No Bail required. Wm B. & P. Martin attos for plf.. 

Sheriff’s return to wit. Came to hand the 18th March 1824. Executed the same day & left a copy with the defendant. J.N. Baker Shff by his deputy James Coalter. 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 filed 4th day of September 1824 to wit The State of Alabama Lauderdale County Circuit Court March Term 1824. Edward Trainor by his attorney complains of Katharine Looney in custody of the Sheriff etc. of a plea of trespass on the case etc. For that whereas the said plaintiff heretofore to wit on the __ day __ in the year of our Lord 1824, at, to wit, in the County aforesaid was lawfully possessed as of his own property of a set of Carpenters Tool & other Tools for building, to wit ten plains, five saw, four squares, six hammers, ten chissels, two drawing knives, six howels, four axes, three foot adzes, four pair of compasses, ten files & ten Jointers of great value to wit amounting in the whole to the value of Two hundred Dollars & being so possessed thereof he the said plaintiff afterwards to wit on the day & year last aforesaid at to wit in the county aforesaid casually lost the said plains, saws, squares, hammers, chissels, drawing knives, howels, axes, foot adzeses, Compasses, files & jointers out of his 
possession & the same afterwards to wit on the day & year last aforesaid at to wit in the County aforesaid came to the possession of the said defendant by finding: Yet the said defendant well knowing the said plains, saws, squares, hammers, chissels, drawing knives,howels, axes & foot adzeses, compasses, files & Jointers to be the property of the said 
Plaintiff & of right to belong & appertain to him the said Plaintiff but contriving & fraudulently intending craftily & subtilly to deceive & defraud the said plaintiff in this behalf hath not as yet delivered the said plains, saws, squares, hammers, chissels, drawing knives, howels, axes, footadze es, compasses, files & jointers or any or either of them or any part thereof to the said plaintiff although often requested so to do, and hath hitherto wholly refused so to do, & afterwards to wit on the day & year last aforesaid at to wit, in the County aforesaid converted & disposed of the said plains, saws, squares, hammers, chissels, drawing knives, howels, axes, foot adze es, compasses, files & Jointers to her own use to the damage of the said Plaintiff two hundred dollars & therefore he sues etc.. Wm. B. & P. Martin attos for Plff. Deft pleads not guilty. Coalter & Irvine. 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. It is therefore considered by the Court that the Defendant 
recover against said plaintiff his costs about his defence, in this behalf expended and depart hence without day etc..