Lauderdale County, Alabama
Minute Docket A
1839 - 1854
Abstracted by Milly Wright on 6 Aug 2007 and submitted for use on these pages 12 Aug 2007.
Note: Included are cases of interest that give information on heirs, places of residence, locations of family property, deaths, marriages, divorces, slaves, etc.. Not included are cases where only the names of those on the docket are given, nor cases that provide no personal or legal information.
Page 1
In Chancery at Moulton
Gabriel Bumpass vs William Berry & James Berry
Chancery Court at Moulton for the Sixth Chancery District of the Northern Division of the state of Alabama
June Term 1839
It appearing that the Clerk of the Circuit Court of Lauderdale County, has failed to send the papers in said cause to the Register of this Court as required by Law: It is thereupon ordered by the Court that he be required to send up said papers within thirty days after Service of this order and that said cause be continued.
December Term 1839
It appearing to the Court that no counsel appear for either party in said cause; It is thereupon ordered by the Court that said cause be continued. ...
I, James C Walker, Register of the Chancery Court at Moulton Alabama do hereby certify that the foregoing contains a true copy and correct transcript of the orders and proceedings had in said cause in this court, as taken from the records and proceedings of said court now in my office. In testimony whereof I have hereunto set my name and seal at my office in Moulton Alabama this 3rd day of February 1842 and of American Independence the 66th year. Test. James C Walker, Register
Page 6
Jacob Byler vs Polly Ann Davis, Allison Davis, Ann A Davis
Chancery Court at Moulton Alabama June Term 1839
Came the complainant by his Solicitor, and on his motion It is ordered that the Register of this Court be appointed Guardian adlitim of Polly Ann Davis, Allison Davis, and Ann A Davis, infant defendants and that
this cause be set for hearing at the next term of this court and the same continued. ...
January Term 1842
On motion It is ordered by the Court that this cause be transferred to the Chancery Court of Lauderdale County.
Page 7
James Jackson vs Andrew J Hutchings et al the heirs of John Coffee dec’d Chancery Court at Moulton Ala June Term 1839
Came the complainant by his Solicitor & on his motion It is ordered by the Court that he have leave to amend his said bill of complaint by making Mary Coffee a party defendant thereto, and that a writ of subpoena issue against Hutchings & wife, & Mary Coffee & that said cause be continued.
December Term 1839
Came the parties by their Solicitors, It is ordered by the Court by consent, that said cause be continued.
June Term 1840
On motion of complainants solicitor, It is ordered by the Court, that said cause be set for hearing at the next Term with leave to take depositions, including the deposition of Mary Coffee, a defendant & that said cause be continued.
May Term 1841
Came the solicitor for the complainant and suggested the death of complainant, and Andrew J Hutchings. It is therefore ordered by the Court that the heirs of said complainant have leave to revive said suit
against the heirs of said Andrew J Hutchings and that said cause be continued.
January Term 1842
On motion it is ordered by the Court that this cause be transferred to the Chancery Court of Lauderdale County.
I, James C Watkins, Register of the Chancery Court at Moulton Alabama, do hereby certify that the foregoing contains a true copy & correct transcript of the orders & proceedings had in said suit, in this correct, taken from the records and proceedings of said suit, in this court, taken from the records and proceedings of said Court now in my
office. In testimony whereof I have hereto set my name and affixed my seal at my office this 3rd day of February 1842 and of American Independence the 66th year. James C Watkins Register
Page 8
Harriet Andrews vs James Jackson, Percifer F Pearson, John Donaldson, Robert M Patton et alias
Chancery Court at Moulton, Ala
June Term 1839
Came the parties by their solicitors and the death of Percifer F Pearson being suggested, It is ordered by the Court that the complainant have leave to file a bill of revivor against the personal representatives of
said deceased when known, and that unless John Donaldson answer the complainants bill within sixty days after the adjournment of this court, that an attachment issue against him to compel him thereto, and that
this cause be continued.
December Term 1839
On motion it is ordered by the Court that an alias attachment issue against John Donaldson to Franklin County: And here the death of Percifer F Pearson, one of the defendants in said cause being suggested,
on motion, It is ordered by the court, that leave be given to file a bill of revivor, to make his heirs a party to said cause.
May Term 1841
Came the parties by their solicitors and suggested the death of James Jackson & Mary L Pope. It is therefore ordered by the court that said suit be revived against their heirs or representatives that James Jackson Jr. be appointed Guardian adlitem of the minor heirs of James Jackson & Mary L Pope & same be continued.
January Term 1842
On motion, It is ordered by the Court that this cause be transferred to
the Chancery Court of Lauderdale. (Certified by James C Watkins, Register)
Page 11
Trustees of Cypress Land Company vs Oliver Thompson, John R. Henry, and the heirs of John Craig deceased
Chancery Court at Moulton Ala
June Term 1839
Came the complainants by their solicitor, and on motion, It is ordered by the Court that James Gallagher be appointed Guardian adlitun for John Craig, William Turnley Craig, Almina Antonette Craig, Mariah Louisa Craig & Mary Stransberry Craig, infant defendants to said complainants bill, and it appearing to the satisfaction of the court that the defendant John R Hicks and Jane? his wife are non residents of this state, It is ordered by the Court that unless said last named defendants appear and answer complainants bill on or before the first day of the next term of this court, that the same will be taken pro confesso as to them, and set for hearing Exparte, and that notice of this order be
given by publication of a copy thereof for four consecutive weeks in the Moulton Banner a newspaper published in the Town of Moulton, and that said cause be continued.
December Term 1839
In this cause it is ordered by the Court, that the exceptions to their answer be overruled with costs of the exceptions, Crenshaw Chancellor
June Term 1840
On motion of complainants by their Solicitor, It is ordered by the Court that Judgment be taken against John R Hicks and Jane? his wife, and it is further ordered that a Subpoena issue to Lauderdale County, & against Martha Binford of Limestone County and said cause be continued.
... continued
January Term 1842
On motion it is ordered by the court that this cause be transferred to the Chancery Court of Lauderdale County. Certified by James C Watkins, Register)
Page 12
Trustees of Cypress Land Company vs Heirs & Representatives of Jessee Wharton deceased
In Chancery at Moulton
June Term 1839
Came the complainants by their solicitor and on his motion, It is ordered by the court that James Gallagher be appointed Guardian adlitum of Fidelia Wharton and Thomas J Green, minors, and the infant daughter of Sidney Smith & Jane his wife, all made parties defendants to complainants bill. And it appearing to the satisfaction of the court
that the other defendants Sidney Smith, Thomas Wharton, also Ander? R Wharton, Joseph P Wharton and John Wharton are non residents of this state ...
January Term 1842
(Transferred to Chancery Court of Lauderdale County)
Page 13
Trustees of Cypress Land Company vs Heirs of William Kelley & Heirs of William J. Adair
In Chancery of Moulton
Bill Filed December 28, 1838
June Term 1839
Came the complainants by their solicitor, and on his motion it is ordered by the court that James Gallagher be appointed guardian adlitum of Maria Kelley and Henry B Kelley infant defendants and it is further ordered that George W Carroll be appointed Guardian adlitun of William J Adair, Baker? J Adair, Mary C Adair & Martha W Adair, and on application, leave is hereby given complainants to amend their bill by making new parties & said cause be continued.
Jaunary Term 1842
(Transferred to Chancery Court of Lauderdale County)
Page 17
Christopher Cheatham vs William Young
Chancery Court at Moulton
January Term 1842
On motion, It is ordered by the Court that this cause be transferred to the Chancery Court of Lauderdale County. ... James C Watkins, Register
Page 18
First Monday in May and Second day of same month 1842. The Chancery Court for the Northern Division of the State of Alabama in and for the County of Lauderdale being the Twenty eighth Chancery district of said State, met pursuant to an Act of the General Assembly approved December 20th 1841 Entitled “an act to divide the State of Alabama into three Chancery divisions and for other purposes” present the Hon. Alexander Bowie Chancellor of the Northern division of said State; Luther F. Thustin Register of said district and Vincent M. Benham Sheriff of said County of Lauderdale and upon motion said Court adjourned until Tuesday morning the ? Inst. at 10 O’clock A.M.
Page 31
John J. Winston & John McKinley vs T. & J. Kirkman & Anthony Winston
The original bill in this case was filed in the office of the Clerk of the Circuit Court of Lauderdale County October 2nd 1838
June Term 1839
On motion of the complainants by their solicitors It is ordered by the Court that an alias subpoena issue against all the defendants in this cause and that the same be continued.
December Term 1839
On motion It is ordered by the Court that a pluries Subpoena issue against James Kirkman to Lauderdale County and against Anthony Winston to Sumpter County and cause continued.
June Term 1840
On motion It is ordered by the Court that an alias Subpoena issue to Sumpter County against Anthony Winston. Leave is given to complainants to amend their bill and cause continued.
... continued
May Term 1842
On motion It is ordered by the Court that this cause be transferred to the Chancery Court for Lauderdale County and Continued.
Page 36
May 3rd 1843
Mariah J. Slate vs John Slate
Came the complainant and it being satisfactorily shown to the Court that an order of publication was duly made in this case and published as required by the rules of court, and the cause coming on to be heard, exparte
It is ordered adjudged and decreed by the Court that the bonds of matrimony heretofor solemnized & subsisting between the complainant and the defendant John Slate be dissolved, and that the complainant pay the costs herein to be taxed by the Register.
J L Martin Chancellor
Page 45
Transcript from the records of the Chancery Court at Moulton in the case of James Irvine vs Limerick, Witherspoon and others, as certified by the Register of said Court
James Irvine vs Limerick Witherspoon
Be it remembered that heretofore to wit at the June Term 1841 of said Court a bill was filed ...On motion it is ordered by the Court that said cause be continued.
At the Special Term in Jaunary 1842 ... continued
At the May Term 1842
Came the complainant by his Solicitor, and on his motion and it offering to the satisfaction of the court that Thomas Limerick, Oliver Limerick, Marcus D. Bearden, Christopher G. Castleman, Thomas Payne and Samuel Vanlair, defendants in this cause are now residents of this State, It is therefore ordered by the Court that unless said Defendants appear & plead, answer or Demur to Complainant’s Bill on or before the first day of the next Term of this court that the same will be taken pro confesso and set for hearing exparte as to them. And that notice of this order be given by ublication thereof for four successive weeks in the Lawrence County Alabama. a news published in the Town of Moulton, and be continued.
At the May Term 1843
Came the parties by their Solicitors and it appearing that Defendant reside in the County of Lauderdale. On motion & by consent of parties it is ordered by the court that this cause be transferred to the 28th District composed of Lauderdale County.
(Certification of M. Priest, Register on 11 July 1843)
Page 61
First Monday in May and fifth day of the Month in the year 1845. The Chancery Court for the Twenty Eighth District of the State of Alabama met pursuant to adjournment. present the Honorable Alexander Bowie Chancellor, L T Thustin, Register of said Court, and Winston P. Pettus Sheriff of the County of Lauderdale.
Page 63
Ezekiel Rose vs Sarah Rose
Came the complainant by his solicitor and this cause coming as to be heard a final Decree was rendered by the Chancellor.
Page 67
Thomas Kirkman, Executor of the last will etc of J L D Smith dec’d vs Jane Smith et al the legatees of the will of J L D Smith deceased.
This day came the complainant & filed his petition in this Court from which it appears that he has in his hands money subject to be disposed of by the trusts of said Will. Representing that he cannot dispose of the same according to the provisions of sd Will be loaning out the same upon the terms therein mentioned, or investing the same in Stocks and asking the advice & direction of this Court in the premises. It is therefore ordered by the Court that sd fund or so much thereof as the complainant can, & as as speedily as possible, be loaned out by him at the legal annual rate of interest untill the next term of this court, he taking bond with good & sufficient security therefor, & that he report
his action in the premises to the next Term of this Court.
And it appearing by the affidavit of the complainant that the defendants, Jane Smith, Rebecca J. Williams, Rebecca J. White, Rebecca E. Dancy, Mary Jane Stoddert, Temple? D. Mason, Melinda K. Williams, Thomas Williams are non residents of this state. It is ordered by the Court that they plead, answer or demur to sd complts petition by the next Term of this Court, or that the matters in sd petition be taken as true; and it is further ordered by the Court that 60 days publication of this order be made in the Florence Enquirer a newspaper printed in the Town of Florence.
Page 68
In the matter of Robert Kernachan, Trustee etc. of Mariah? B.? Moffet a Decree was rendered by the chancellor removing the said Trustee, and appointing James C Malone in his stead.
Page 71
First Monday in May & the 4th of the month in the year 1846. The Chancery Court for the 28th District of the Chancery Court of Alabama met pursuant to adjournment; present the Hon. David G. Lyon, Chancellor, Luther F. Thustin, Register, & Winston P. Pettus, sheriff of Lauderdale County in the State of Alabama.
Page 73
John Brown vs Catharine Brown
Came Percy (Perry?) E. Brocchus Eq Solicitor for complainant who suggested the death of the complainant. It is therefore ordered by the Court that said cause abate.
Page 76
Trustees of Cypress Land Co. vs Oliver? Thompson et alias
Came the parties by attorney and the cause having been previously at the Term of the Court been submitted for decree; the following decree was made by the Chancellor viz It is ordered, adjudged & decreed that all payments made by John Craig be applied first to the payment of the notes given for the payment of the purchase money given for Lots No. 104 & 120 in the Town of Florence as mentioned in Complts Bill, and the balance of such payment, if any
remain, be then applied to the payment of the sums due on Lots 295, 296 & 300; discharging said sums in the order in which according to the proof they respectively became due.
It is further ordered, adjudged, and decreed that the master forthwith proceed to state and report to the Court an account between the parties on the following principles. First that he ascertain the sum agreed to be paid for Lots no. 104 & 120 respectively deducting from each sum so ascertained twenty pr cent; and then from the sum so remaining as the purchase money of Lot No. 120 he deduct one half; and then that he ascertain the gross sum agreed to be paid for Lots No. 295, 296 & 300; without interest on either of said sums. Then that he ascertain the sum
paid by said John Craig to sd John Coffee on? the bo.? in either cash or stock, calculating the value of the stock at the sum of $475. pr share. And after ascertaining the sum paid he apply it first to the exting? withment? of the sum ascertained under the principle herein laid down to be due on Lots 104 & 120, and if the payment exceed the sum due on sd last mentioned lots; that he apply such excep to the discharge? of the first installment due on Lots No. 295, 296 & 300; that after making this deduction, he calculate interest on the remainder of the purchase money,
from the time it became due, up to the time of taking such account. It is further ordererd, adjudged & decreed, that the master also enquire into & report whether the interest of the defendant requires the said lots to be sold in separate parcels, and also, whether it will require a sale of the whole premises to satisfy the complainant’s demand.
Page 80
Tuesday Morning November the 3rd 1846
The Chancery Court, for the 28th District of the State of Alabama pursuant to the previous order of the Hon. David G. Ligon, Chancellor for the Northern Division of sd Court for sd State, duly made and published in conformity with the Statutes of said state, met at the Court House in Florence in sd District; - the Hon. David G. Ligon, Chancellor, Luther F. Thustin, Register & Master, and Winston P Pettus, Sheriff by his deputy G. Campbell were present.
Page 84
Monday Morning May 3rd 1847
The Chancery Court for the 28th Chancery District of the State of Alabama, met pursuant to adjournment; Present the Honorable Wylie W. Mason, Chancellor, Luther T. Thustin, Register and Master, P. Pettus, Sheriff of Lauderdale County & State of Alabama
Page 84
May 3, 1847
Gabriel Bumpass vs John Webb et al
Came the parties by their solicitors and the death of John Webb one of the defendants being suggested, It is ordered by the Court that said cause be revived against Elizabeth Webb and James H. Witherspoon, administrators etc. of said John Webb.
Page 87
John S. Blair? et al vs Jacob Haigh, adm etc.
Came the parties by their solicitors, and on motion, and it appearing to the satisfaction of the Court that Martha Adair, one of the defendants in this cause, is a minor, under the age of fourteen years, and a resident of this state and that a subpoena and capias of the original and amended bills in this cause have been regularly served upon her
through her Guardian, Geo. W. Carroll more than thirty days since; and it also appearing to the court that James? Adair, one of the defendants in this cause is a minor over the age of fourteen years and that he resides beyond the limits of this state, and furthermore that an order of Publication was regularly made as to him and published for four consecutive weeks in the ___ a newspaper published in the Town of Tuscumbia, with a Brief of the bill, a copy of which order was posted at the door of the court house in Tuscumbia within and requiring him to appear at a day ? in forty days from the date of said order - said Publication which has long since elapsed, and the said minor having
failed to appear and select a Guardian as required by the rules of this court. It is therefor ordered by the Court that Robert Armstrong be and he is hereby appointed Guardian adlitum for the said Martha Adair and James Adair minors as aforesaid, it appearing to the court that the said Armstrong is a resident of this state and that he represent said minors in said cause, the said Armstrong, having in open court, consented to act as such Guardian and the said cause be continued.
Page 94
May 2, 1848
#90
Henry A Bragg et al vs George G Armstead et al.
Came the parties by their solicitors and the death of Fanny Armistead, one of the defendants, being suggested It is ordered by the Court by consent of the parties, that George G Armistead, Executor of Fanny Armistead, be made defendant in that capacity. It is further ordered by the Court that the papers offered as answers of defendant be referred to the Master to report whether they are full and complete.
May 2, 1848
This day, Robert M Patton and Jane L Patton his wife, appeared in open Court, and acknowledged that they signed sealed and delivered a deed of conveyance of lands situate in the State of Tennessee to one K J Morris, dated the 12th day of April 1848. and the said Jane L Patton being examined in open court separate and apart from her husband acknowledged the said deed of conveyance and relinquished her claim to Dower in the land therein conveyed.
Page 98
Friday morning, May 8th 1848.
Court met pursuant to adjournment, present as on yesterday.
#67
Thomas Kirkman et al vs Henry A Bragg et al
In this case the following report was submitted by Register to wit “By reference to my Report in this cause made at the May term of the Court in the year 1846 to which I hereby respectfully refer, it will be seen that on the 21st day of July 1845 I sold lots numbered one and two as specified in the Decree of the Chancellor for the following sums ?
Lot No 1 to Thomas Kirkman & ? Andrews $1700.00
Lot No. 2 to Marshall Clark 950.00
_____________
$2650.00
It will also be seen by the report, and the voucher herewith exhibited, that on the day of said sale I paid to Thomas Kirkman the action? acting? executor of James Jackson dec’d the sum of twenty five hundred and sixty one 5/100 dollars, being the full amount of the proceeds of said sale after the payment of the cost of court up to that time.
I now beg leave to report that on the 21st day of June 1847 I sold Lot No. 3 as set forth in the Decree of the Chancellor, being that portion of Lot 78 sold by the deft Bragg to his co-defendants Martin & Cassity, at the door of the Court House in Florence at public auction, for cash to Thomas Kirkman, as Executor of James Jackson dec’d for the sum of $655. and a short time thereafter executed a deed to the executors of James Jackson for the ?. I herewith append .... May 1st 1848. Confirmed May 5th 1848. D G Ligon, Chancellor
Page 104
May 8, 1848
Joseph D Mason et al vs Thos Kirkman Executor et al.
Came the parties by their solicitors and this case having been submitted on a former day of this term, the Chancellor pronounced the following judgment, which, with the orders attached, is ordered to be entered on the minutes, and filed,
This cause came on to be heard on the original and amended bills, answers, exhibits and proof. After full consideration it is adjudged, that the several legacies fo the complainants, under the will of Joseph L. D. Smith, deceased, vested, as soon as the property real, personal, and mixed, which composed the estate of said testator at the time of his death, and such as was added to it afterwards by natural increase or otherwise, amounted in value to the sum of eighty thousand dollars, over and above the debts due from the testator at the time of his death, and
the funeral expenses provided for by the will, the slaves & other property, given to his wife, the negro man Robbie & his Texas lands.
It is further adjudged that interest upon said several legacies, is due, and should be computed from a period commencing twelve months after said estate is ascertained to have been of the value aforesaid, over & above
the debts and expenses aforesaid, and other property above, & hereinafter excepted.
As the period at which said legacies are herein adjudged to have vested is not definitely ascertained, and as an account is necessary to fix the amount due the complainant on account of their legacies, the case is referred to the Master, under the following orders and directions.
It is ordered that the Master inquire of, and report to this court, at the next term thereof, at what time the estate was of the cash specie value of eighty thousand dollars, over and above the amount of his debts, and the funeral expenses, & the sum provided by the will in purchase a marble slab? & to secure the grave. In executing his reference he will take into the estimate, all the property real personal and mixed, owned by the testator at the time of his death, or which has been since added to it by natural increase or otherwise (except the negro man Robbie) & the property specially named in the second clause of the will as given to ? Smith & his Texas lands.
He will be careful to include the portion alllotted to testator’s widow after her dissent from the will, so far as the same does not include the property mentioned in the 2nd clause aforesaid, and will pay no regard to the losses sustained from the sale of the slaves and other property, in Mississippi, by the executor.
He will also ascertain and report the amount due the complainant on account of their legacies, with legal interest thereon from the time herein before stated and adjudged, until the taking of such account, - no vests shall be made in said account.
To aid him in the discharge of his duties in this behalf, he is authorised to use the papers and proof on file - to examine the defendant Kirkman on interrogatories, and to cause to come before him and examine such other witnesses as he may deem necessary, and the proof, so taken, he will report with the other matters referred.
In ascertaining the value of the estate of said testator, as herein before directed, if it become necessary to compute interest against the executor, it shall be calculated from year to year on the capital sum, without vest either annual or semiannual.
All further orders and decrees touching the premises, are reserved until the coming on of the Master’s Report. D. G. Ligon, Chancellor
Page 111
November 13, 1848
#97
Frances A Bragg by her next friend J. Bigger vs Henry A Bragg
In this cause the following decree was pronounced by the Chancellor.
“It is ordered that Henry A Bragg, and he is hereby appointed trustee to take and hold, for Frances A Bragg, & her children, all the estate to which she is entitled under the wills of Isabella Heslip and Fanny Armistead, or as heir, distributree, or devisee of her Father, and that such estate be used and employed by him for her sole and separate use, and that of her children.
It is further ordered, adjudged and decreed, that the title to the following negro slaves to wit, Hannah, Ellick, aged about ten years, Anna about seven years old, Lilly five years old, Dickson one year old, Moses, about fifty two years old, Amelia, forty one years old, Harrison, nineteen years old, Henry twenty six years, Isabella, nine years, Frank
four years, and Tayler one year old be vested in said Trustee to be held used and employed by him for the sole and separate use, maintenance and support of the said complainant, and the maintenance and support of her family, and that George G. Armistead deliver to him such of said slaves as are in his possession. It is further ordered adjudged and decreed that the next friend of the complainant pay all cost, to be reimbursed to him by said Trustee, out of the profits of the Trust estate. D G Ligon, Chancellor
Page 119
May 8, 1849
#96
Lydia Loving vs Tennessee? Loving
In this cause the following final decree was pronounced by the Chancellor. It is ordered, adjudged and decreed that heretofore that the bonds of matrimony heretofore subsisting between Lydia Loving, the complainant, and Tennessee? Loving, the defendant, be, and the same are hereby, ? dissolved, so far as the said Lydia Loving is concerned. It is further ordered adjudged & decreed that the next friend of complainant pay all cost to be taxed by the Register.
D. G. Ligon, Chancellor
Page 122
May 8, 1849
Julia J Dunn et al vs Richard A Wiggins
(Names of family members, etc.)
Page 145
May 12, 1852
Julia J Dunn et al vs Richard A Wiggins
mentions Thomas C Dunn, James B. Wood, Benjamin A Dunn, Thos J Dunn, Wm L Dunn, Sylvester G Dunn, James M Dunn, Alex. Brady & wife, Andrew J Jones & wife, Jackson B P Dunn, Elizabeth A Dunn, John H Dunn, Polly C Dunn, Thomas C Dunn.
... Elizabeth A Dunn having intermarried with Towler? on the 14th May
1851 ...
Page 149
Monday morning May 8th 1853
The Chancery Court for the 26th Chancery District of Northern Division of the State of Alabama, met on this day in accordance with the statute in such case made and provided. Present the Hon. Eggleston D Townes, Chancellor of the Northern Division of the State of Alabama, J Coffee Simpson, Register and Master, and Winston P Pettus of Lauderdale County Alabama
Page 156
Julia J Dunn et al vs R A Wiggins
... James Irvine’s report as trustee under the last will and testament of Benjamin A Benham dec’d. To the Hon E D Townes Chancellor now holding court for Lauderdale County Alabama. (Accounts of amounts received and paid for legacies)
Page 158
In pursuance of the power vested in the Chancellor under the 3044 section of the Code of Alabama we order and direct that the registers in the northern and middle divisions of Alabama tax and collect for the following services by them to be performed the following fees, to wit:
For filing each original or other bill, each answer demurrer Exception - report - each set of interogatories, original cross of rebutting - and each package of Depositions containing one or more Five cents
For docketing cause each time the same has to be entered on the docket, with remarks Twenty five cents
For each transcrip of the docket of the cause made out for the use of the Chancellor Twenty five cents
For issuing each writ of injunction, in exeat attachment Sciri facias or Habeas corpus Fifty cents
For each affidavit to bill or answers or certifying an oath administered by the register Fifteen cents
For each order of publication or copy thereof Twenty five cents
For each decree pro confesso taken before the Register and entering the same Thirty cents
For each order of continuance to publish testimony or to set aside Decree pro confesso Five cents
For each order of Review Ten cents
For each order submitting the cause for decree and noting the testimony affixed, on the minutes Fifteen cents
For receiving and ? and backing each package of Depositions, published by order of the court or Register Five cents
For each witness certificate Fifteen cents
For each appear to the Supreme Court and citation in addition to the other fees Fifty cents
For each order at Rules? before the Register to amend the Bill or answer or to allow of the fileing of a supplemental Bill or Bill of revivor? or to examine a party as a witness or to appoint a guardian ad Litem Twenty five cents
For making settlement with a trustee Two dollars
For recording such settlement fifteen cents for every hundred words Fifteen cents
For any other order provided for herein or by the code Twenty five cents
For a copy thereof Twenty cents
And it is further ordered that seven hours services shall be considered one day in taking account by the Register.
And it is further ordered that the foregoing with this order be spread on the minutes of the several Chancery Courts of the Northern and Middle Divisions of the State of Alabama
Eutaw February 5th 1853
J B Clark, Chancellor, Middle Division
E D Townes, Chancellor, North Div
Page 163
May 9, 1843
#132
Pugh Houston Executor etc vs Geo. W. Sneed
In this cause the Chancellor pronounced a decree as follows which is ordered to be enrolled. It is ordered adjudged and decreed that unless the deft. Geo. W. Sneed shall within 60 days after the adjournment of this court pay to the Register the entire unpaid purchase money due to complainant as the Executor of the last will & testament of John
Chisholm dec’d for an undivided half of the Lot described in the Original Bill, the interest thereon and the costs of this suit, the Register of this Court shall, after giving notice of the time and in the manner required to be given by sheriff of sales of land under writs of fieri facias, sell the undivided half of the lot described in complainant’s Bill or so much thereof as may be neceessary to pay the unpaid purchase money & costs of the suit, at public auction to the
highest bidder, at the Court house door in the Town of Florence for cash - and shall appropriate the proceeds of said sale, first to the payment of the costs of this suit & the balance shall pay over to the complainant in the original bill. ...
May 10, 1854
Page 168
#132
(Houston and Sneed say that the unpaid balance of the purchase money for the undivided half of the lot is $381.86.)
Page 168
May 15, 1854
#109
John M? Harris vs H. C. Moses et al
In this cause a decree was pronounced by the Chancellor and ordered to be enrolled, to wit. It is ordered adjudged and decreed that unless the Judgement described in the complete bill with the interest and costs shall be paid within thirty days after the adjournment of this court, the register shall after giving notice for the time and in the manner
required to be given by Sheriffs in case of sales of real estates, under writs of fieri facias, sell separately at public auction for cash, at the court house door in the Town of Florence, the two lots of land described in complainant’s bill as follows, to wit;
a tract of land adjoining the town of Florence, containing ninety two and a half acres or thereabouts, being a part of the lands sold by the Trustees of the Cypress Land Company and known as a part of a tract in their subdivision by No. 413, bounded on the east by Cypress and Locust street of the said town, on the south by a tract of land owned by James Irvine (also carved out of the tract numbered 413 on the west by part of the tract No 413, now owned by Kirkman, and on the north by lot no 341, according to plat or plan of the Town of Florence, and lots and lands
adjoining.
And also a part of Lot no 77 according to the plan of the Town of Florence fronting on Court Street on the East about 23 feet and running thence eastward 172 to an ally, the same width in front bounded on the north by Samuel Staffords tenements, and on the south by a tenement sometime before the fileing of this bill, occupied by E Brown as a grocery, and that the said Register appropriate the proceeds of said sale first to the payment of the said judgment interest & costs. It is further ordered adjudged & decreed, that the Register shall make a deed
to the purchases or purchasers of said lots and tract ofland as evidence ot title thereto under this decree, & if there be any surplus of the proceeds of this sale of said land & lot the same shall be appropriated to the payment of the costs therein imposed on Weaver’s administrators.
A. J. Walker Chancellor
It is further ordered adjudged and decreed, that the admrs of the estate of John S Weaver dec’d pay the costs of depositions taken exclusively in the attempt to subject a part of lot No. 54 to payment of complts judgement and that they be paid by complainant to be taxed by the Register. 15th of May 1854 A J Walker, Chancellor
Page 170
May 18, 1854
#109
Jno. W.? Harris vs H C Moses et al
(Defendants: Alexander M Weaver, Alexander Hobby, Nancy Hobby, Samuel
Wilson, Martha Wilson)
Page 179
May 14, 1854
Louisa Price by ner next friend Thomas Simpson vs Christopher Price
In this cause a decree was rendered, and read by the Chancellor as follows. This cause was heard on Bill, Answer Decree pro confesso & proof, and after due consideration it is ordered adjudged and decreed, that the bonds of matrimony between the plaintiff and defendant be ? they are hereby for ever dissolved in favor of the complainant, and that the complainant be and she is hereby divorced, a vincula matrimonii from the Defendant, and that the Defendant pay the costs of this suit to be taxed by the Register.