Record Book F

Pages 1 - 64

Abstracted by Milly Wright on Jan. 2007 and submitted for use on these pages Aug. 2007
 

Note: The book has not been transcribed in its entirety, although each case is included. Spelling follows the original as closely as possible. [In some cases testimonies and proceedings have been summarized. msw]

 

Page 1

Luther T Thustin vs John B Boggs

“Be it remembered that heretofore to wit, on 1st day of March 1849 L T Thustin filed his bill of complaint in the Chancery Court ... against John B Boggs ...

Original Bill

Your Orator Luther T Thustin on the 9th day of July 1844 one Henry A Bragg and his wife Frances A Bragg executed a certain deed in trust to one William D Bassett as Trustee for the benefit of George G Armistead and Robert M Patton, conveying among other property Lot No. 347 in Florence containing 8 1/3 acres. William D Bassett being desirous to resign his said Trust ... he, on the 11th April 1845, executed a deed substituting your Orator (Thurstin) in his stead as Trustee - signed and acknowledged by everyone.

On 5 December 1845 he sold Lot 347 at a private sale , with the advice and direction of Patton and Armistead. The lot, and the improvements thereon were sold to John B Boggs for $1200.00. He took his bill payable in New Orleans for $500.00 (drawn upon and accepted by James Irvine), and Boggs’ two notes, each for $350.00 dated 5 December 1845 bearing interest from date and payable , the first on 1 June 1847, and the second on 1 June 1848. He gave Boggs a bond conditional to make unto him title to said lot when the purchase money therefor should be fully paid. 
Boggs failed to pay first note and interest at maturity and on the first day of November 1847 he drew a Bill of Exchange, at five months in favor of Robert M Patton on Messrs Goring??, Mason and Caruthers New Orleans 
for $442.36 and and thereby lifted said first note, which said draft was duly protested for non acceptance in New Orleans....

“Your orator therefore charges that the entire amount of said judgment is due him as trustee ... as purchase money for said lot No. 347 ... that the said Boggs as appears from said Sheriffs return is insolvent, so that your orator’s only remedy is to enforce his equitable lien on said lot for the payment of said purchase money. Asked that the lot be 
sold for the payment of the purchase money. Jno S Kennedy, Sol for Complt

Page 3

Copy of the first deed, H A Bragg to W D Bassett

Bragg to Armistead

This Indenture made and entered into on this the 9th day of July 1844 between Henry A Bragg and Frances A Bragg his wife of the first part and Wm D Bassett of the second part, George G Armistead and Robert M Patton of the third part.... George and Robert were the securities of Henry A Bragg in a note made by Henry dated March 5, 1844 payable at the Branch of the Bank of the state of Alabama at Decatur six months after date for the sum of $508.42. - also another note for $2165.. George and Willis Pope are the accommodation endorsers of a Bill of Exchange drawn by the 
said on Kirkman and Abernathy dated October 5, 1843 and payable six months after date for the sum of $1500. ..... other bills and other holders .....................

Lot No. 347 given as security to Bassett containing 8 1/3 acres and on which the party of the first part (Bragg?) now resides. Also the north half of the north half of Lot Number 11, being 33 feet front on Court Street and running back 56 feet with all tenements and appurtenances. Also 10 shares of stock in the Florence Bridge Company and certain 
household furniture viz.

One mahogany sideboard
Two dozen chairs
Three bureaus
Four beds
Three mattresses
Two Settees
One wardrobe
One sofa
Two carpets
Four bedsteads
One crib
One set dining tables
One set of china
One work stand
Sundry kitchen utensils ... in the use of the party of the first part.
One water cart
Three yoke of oxen
One horse
One ox waggon
One dray

“The said Henry doth hereby assign to the party of the second part certain promissory notes executed to him by Elijah G Chandler dated July 3, 1844 ... each for the sum of $965. .. and the third note for $970. ...

upon the express condition that the party of the first part shall be permitted to have the use and possession of all the property hereby conveyed, except the said notes of the said Chandler until the said Henry shall make default in the paying of said debts or any of them according to the terms of this indenture. ... Signed by: H A Bragg, F A Bragg, W D Bassett, G G Armistead, R M Patton Copy from original deed in Book A No. 11, Pages 204, 5 and 6

Exhibit B

Whereas, Henry A Bragg and Frances his wife, of the Town of Florence and State of Alabama did by deed bearing date the ninth day of July 1844 convey to William D Bassett, certain real and personal estate in trust for the payment of certain debts therein enumerated. To which deed Robt M Patton and George G Armistead are parties and are sureties for the payment of most of the debts thus provided for, and whereas the said William D Bassett wishes to resign the trust conferred upon him by said deed and the other two parties have agreed that the said Wm D Bassett and the said Henry A Bragg shall unite in a deed of conveyance of all the property real and personal contained in said Deed, first mentioned to Luther T Thurstin of said Town of Florence, with full power to execute the trust according to the terms and conditions, and for the purposes expressed in said deed, subject however to the alteration herein expressed and directed. This Indenture made and entered into this 11th day of April 1845 by and between the said William D Bassett and Henry A Bragg of the first part and the said Luther T Thustin of the second part, and the said Robt M Patton and G G Armistead of the third part .... ....Luther T Thustin shall when requested by Patton and Armistead proceed to sell the real estate described ... apply the proceeds when collected to the payment of said debts. Money, when collected from Chandler, to be applied to the debt to the Branch Bank at Decatur. ...

Page 7

John B Boggs being justly indebted to Luther T Thurstin for $470.00 , etc. -total of $970.00 15 July 1848

“To any Sheriff of the state of Alabama Greeting. We command you that of the goods and chattles, lands and tenements of John B Boggs late of your county, you cause to be made the sum of _____ debt also, the sum of 
$970.00 ... damages, with interest thereon from the 24th day of July 1848. Together with the sum of $6.18 which Luther T Thustin late at the July term 1848 of our County Court recovered against the said John B Boggs for his debt, damages and costs .... 30 January 1849

Page 8

V M Benham, Sheriff: “No property found in my county subject to execution to satisfy this fifa (writ of Fieri Facias) nor any part thereof. March 1, 1849.”

Boggs’ answer: ... Admits that he purchased Lot No. 347 and the improvements thereon of said complainant ... Admits that the entire amount of said judgment is still due complainant as Trustee for the purchase money of said Lot No. 347. Admits he has no property liable to said Execution.

Exhibit R - Title Bond - 5 December 1845

“... deed in trust executed by Henry A Brag on 11 April 1845 and in accordance with the terms of said deed and by the direction of the said Armistead and Patton, hath this day sold the said John B Boggs Lot No. 347 ... for $1200.00 - future payment.

Page 10
May Term 1848

Final Decree

“This bill is filed to enforce the vendor’s lien for the unpaid purchase money of real estate, its allegations so far as they are material to the relief sought, are admitted by the answer. It is necessary, however, that a reference be made to ascertain the same deed, and as the master of the Court is the Complainant in the case, a special commissioner must be appointed to take and state the account between the parties. ... It is ordered that Hervey Dillahunty be appointed special Master to take and state an account between the parties, and that he report his proceedings under this order at the present term of this court. ...Unless ... the defendants pay to the complainant the sum reported he 
be due him within twenty days from the rising of this court, with legal interest thereon from the date of such report to the time of such payment, that he be barred and forever foreclosed from all equity of redemption in and to the land and premises described in this bill and that Vincent M Benham, who is hereby appointed commissioner for that 
purpose, proceed to sell the same at the Court House door in ... Florence at public outcry for cash .... After first paying costs out of money, to pay complainant the sum reported to be due him with legal interest thereon from the taking of the account to the time of such sale.. After sale being made and perfected, Benham shall make to the 
purchaser a good and sufficient deed for the land and premises.

Page 11

James Noel vs John T Abernathy et al

Be it remembered that ... on the 16th day of February 1846 James Noel filed his bill of complaint in the Chancery Court ... against John T Abernathy, James J Hanna, James Kirkman and William C Dillahunty, defendants in said cause.

Original Bill

Your orator James Noel on or about the 19th day of September 1841 became the security of one Thomas W Lassiter to the Branch of the Bank of the State of Alabama at Decatur for $2741.88. Hervey Dillahunty also became a co. security for said debt, and to secure the same a note was then executed for said sum of money made payable to said Br. Bank to fall due the 22nd day of March. Lassiter promised to secure him in the premises so that he should be fully indemnified in case of said Lassiter’s failure, being at the time embarrassed, and in pursuance of that promise on the 18th day of December 1841, he executed a deed of trust to one William C Dillahunty... since then he has abandoned the state and is now a non resident. By said deed of trust the said Lassiter recited that your Orator had become security for him as above mentioned and for the sum aforesaid and being desirous to secure your Orator, and in 
consideration thereof and for the further consideration of five dollars paid by the said William Dillahunty to said Lassiter the said Lassiter bargained and sold, .. and conveyed by said deed of trust to said William Dillahunty his executors admrs, etc. the following named negroe slaves and their increase viz: Levi, aged about 34 years, Daniel, aged about 21 years, Robin, aged about 31 years, Mac aged about 19 years, Felix, aged about 16 years, Willis, aged about 16 years, Anarcy? aged about 25 years, Charaty, aged about 25 years, Chancy, about 30 years. To Have and to hold said slaves to said William C Dillahunty and their future increase upon trust. Thos Lassiter to retain possession of slaves until default in payment should be made of said debt either in the whole or in part. --- then sell slaves

Page 16
Exhibit “C”
... Thos M Lassiter hath and doth hereby grant, bargain, sell and convey to the said William C Dillahunty .. the following, to wit: Negro slaves all in the possession of said Lassiter now in Tuscumbia, Alabama to wit, Grace a woman about 35 years old, Charity about 28 and her infant boy a child at the breast, Anabee? a woman about 26, Kate about 22, Cloe? about 23, Ann about 13, Araminta about 11, Major about 9, Haywood about 7, Alfred about 6, Andrew about 4 and Susan and Eliza each about 1 year old, also Hanna an infant (motherless), also Levi about 30, Andrew about 25, Robin about 28, Felix about 16, Daniel 28, Mack 18, Jesse 18, and Willis about 15 years old, also the estate in remainder in Bassetts about 20, the estate in remainder after the death of Mrs. Sarah Dillahunty, also the following horses to wit: ....

Page 27
Masters Report


James Noel vs Jno T Abernathy et al

The decree in this cause pronounced at the present term of this court directs me to ascertain and report to the chancellor the sum bid by the defendant Jno. T Abernathy for the slave Levi, with legal interest thereon .... $611.95 -
S T Thustin, Master

Lauderdale County Chancery Court Records “F” 1849-52

Page 28

William C Dillahunty vs James Noel et al

Be it remembered that heretofore to wit on the eleventh day of Sept 1843, William C Dillahunty filed his bill of complaint in the Chancery Court ... against James Noel, Kirkman, Abernathy and Hanna, Samuel W Probasco, Thos U Lassiter and the Branch of the Bank of the State of Alabama at Decatur, defendants in said case...Dispute over slaves and property described in previous case.

Page 64
Master’s Report

Funds to be distributed were about $2667.39. These funds were divided between: Kirkman, Abernathy and Hanna, Hardy Hightower, Adm of S W Probasco, and James Noel May 11, 1849