Record Book F

Pages 318 - 392

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]

 

Lauderdale County Chancery Court Records “F” 1849-52

 

 

Page 318

Kirkman and Rosser vs R M Patton

Be it remembered that heretofore to wit on the 17th day of August 1846 James Kirkman and David Rosser surviving partners of the firm of Kirkman Rosser and Co. filed their Bill of Complaint in the Chancery Court .. against Robert M Patton in the words and figures following viz

... Kirkman and Rosser in the month of June 1837 and prior thereto, were appointed in partnership with one Phillip Burke, doing business in the City of New Orleans as commission merchants by the firm and style of Kirkman Rosser and Co; that during the time os said partnership to wit on the 20th day of June 1837, one Samuel Bromley was largely indebted to said firm; and to secure the same said Bromley, as principal and James Bromley and Jonathan Douglass as securities on the day last mentioned executed to them three promissory notes all bearing that date to be due and for the amounts as here stated> ($957.50, 1029.76, 1101.92 - also $870 ...) After the execution of said notes said Phillip Burke died and the partnership was dissolved whereby the right of closing the businesses survived to said James Kirkman and David Rosser.

(Rosser , for a valuable consideration, transferred all his interest in the assets of the firm to James Kirkman. ... “That on the 20th day of Sept 1841 the Compl, James Kirkman hearing and believing that said Saml Bromley was about to run his property from the State of Alabama where he then resided in the County of Lauderdale in said State, sued out an attachment before Joseph Bigger a justice of the peace ... founded on the notes. James Kirkman also sued ...)

Page 319

Your orators further state that Robert M Patton ... on the 18th day of Sept 1841, procured an attachment from one Thomas Reeder is his said Patton’s favour against the said Saml Bromley’s estate for the sum of $1064.01 on the ground, as apparently the attachment that said Saml Bromley was about to remove his property from the State of Alabama and had the said attachment levied on the same property of said Saml Bromley’s, upon which your orators attachments were levied, and except on the slaves named Dan, Matilda, Alex and Job. ... Others also made attachments on the same day: Kirkman and Andrews, James Bromley for the use of John Simpson and Co., James Fassett and Winston P Pettus - on the same property. ...

Page 320
... And the said Robert M Patton came in for a division of the proceeds as if his said attachment was correctly and legally sued out, taking priority of your orators as to all the property so levied on and sold except the negroes Dan, Matilda, Alex and Job, which went to pay in part your orators ... proceeds of which only amounted to $1557.50. Whereas your orators insist that they ought to have priority over said Robert M Patton ... because making the affidavit after suing out the attachment and antidating the same was a fraud upon the rights of your orators; when if the facts had been correctly set forth your orators would have come in before said Patton on the fund arising from the sale of the property levied on as aforesaid. (They wanted the money from the sales - $2138 - to be made first subject to the payment of the money due them.)

James Irvine for Complainant

Page 122 (Page numbers go from 321 to 122 - should be 322)

“Levied this attachment on the following property viz 4 negro slaves, namely Sam, Tina, George and Uncus, one ox waggon, also the following tracts of land to wit the west 1/2 of the SW/4 of S16 T R2 West - 79.63 acres (should be T2 R13) 
a fraction of the NW/4 of S16 T R2 W containing 49.63 acres (should be T2 R13)
also the NE/4 of the NE/2 of S20 T2 R13 containing 39.85 acres
SW/4 of NE/2 S20 T2 R13 containing 39.85 acres
Also one cotton gin and running gear, one bay mule, one brown mule, one bay mare, one levithan colt, 3 yoke of oxen, also Sam Bromley’s interest in the Stallion Exile, all levied on as the property of Saml Bromley 20 Sept. 1841
V M Benham, Sheriff, By his deputy W Harvell.


Page 124 (should be 324)
An attachment was also levied on about 30 acres of cotton and about 40 acres of corn as the property of said Bromly - 1 October 1841 - V M Benham, Sheriff, by his deputy W Harvell.

Page 125 (325)

... “and oath having also been made that said Samuel Bromley absconds, so that the ordinary process of law cannot be served upon him ....”

J W McClung, Solicitor for Respondent

Page 126 (326)

Demurrer to the bill

1. A Want of equity
2. Complainant has no right to inquire into the fraud alledged to have been practiced in making the affidavit and bond by which the defence, in the case of the defendant vs Bromley in the court of law was defeated and the complainant defrauded of his lien by attachment 3. The other attaching creditors should have been made parties.

Demurrer Overruled D G Ligon, Chancellor

Page 128 (328)
Separate answer of Robert M Patton
... respondent states that it is not true as is alledged in said Bill, that at the time of suing out his (respondents) attachment he made no affidavit and gave no bond. ... Respondent further admits that he has received on his said judgment of $1167.75 rendered in April 1842 the sum of $588 which he received on the day of the sales of said property. ... Further answering respondent states that the complainants at the time of suing out the attachments and at the time of the sale under them, were non residents living in the city of New Orleans in the state of Louisianna. That at the time of said sale they were not present but that Thomas Kirkman was their agent and as such purchased the land ___ and a negro man named ___ at ___ amounting in all to the sum of ___ for which he did not then pay, nor has he yet paid. To further answer respondent states, that after said sale to wit in October 1845 the said Thomas Kirkman as agent for complainants, and respondent, being desirous of adjusting the matters now in controversy between without going to law, agreed to submit the matter to James Irvine Esq now the attorney for complainants who accordingly on the 14th Oct 1845 rendered a statement in writing of that date under his hand in 
which he reports that “under the compromise of R M Patton and Thomas Kirkman agent for James Kirkman, the division will stand as follows R M Patton will get of the levy of the 18th Sept $863.31 

Of the Levy of the 20th he gets only $23.01
Total: $886.32 ...

Walkers, Solicitors for Respondent

Page 131 (331)

... In all which particulars the sd answer is imperfect insufficient and evasive - asked that defendant be compelled to put in a further and sufficient answer ... 
James Irvine, Solicitor for Complainant

Filed November 13th 1848
At Special term of said court in November 1846 this cause was continued and also the May term of 1847 said cause was continued, and afterwards, to wit, at the May term 1848 the following order was made. ... demurrer be overuled at the cost of the defendant to be taxed by the Register.
D G Ligon, Chancellor

November Term 1848
... exceptions were submitted to the chancellor

May Term 1849
Case was continued

May Term 1850
“Came the complainants by their solicitors and suggested the death of James Kirkman one of the complainants, and on motion and it appearing to the court that Thomas Kirkman had been duly appointed administrator of the said James, It is ordered by the court that said cause be revived in the name of Thomas Kirkman administrator of James Kirkman, and that the same be set for hearing at the present term.

May Term 1850
In this case a decree was rendered by the chancellor dismissing the bill at complainants cost.

... Amended answer of Robert M Patton. Can’t remember some things. Denies that he made no affidavit at the time of the suing out of the attachment.
Walkers, Solicitors for Respondent

Page 133 (333)

Thomas Kirkman
Answer to Interrogatory

“I am acquainted with the parties to this suit. Kirkman and Rosser resided in New Orleans when they carried on business. James Kirkman of that firm resided there at the time of the filing said Bill and Robert M Patton at the same time resided in Lauderdale County Alabama, and David Rosser resided in Nashville Tennessee.

Page 142 (should be 342)

Kirkman and Rosser vs Robert M Patton

This case is submitted on the bill answers and proof for final decree. The equity of the bill consists in the allegation that the complainants were cheated of the collection of their debts, and their ?dence of lien on the property of Bromlay by the fraudulent conduct of the defendent of which they could not have availed themselves at law.  I do not conceive that the proof sustains the allegations. There was an aparent irregularity in issuing the attachment without oath in writing, but this is more chargeable upon the justice of the peace, than on the defendant. But the proof does not justify me in concluding that any wrong to others as fraud on the Complainant was intended. Again, I see nothing that would prevented the complainant or Bromley from having used the proof of the justice on the trial of their plea in abatement at law? or which hindered them from discovering that proof by the exercise of common diligence in time? for the trial of that plea at law. My conclusion is, that the complainants cannot under the circumstances 
disclosed by the proof, be relieved in this court. The Register will unroll the following decree. It is ordered, adjudged 
and decreed, that the complainants bill be dismissed at their cost to be taxed by the Register.
D G Ligon, Chancellor

Page 144 (There is also a Page 144 earlier in the book - Pope’s suit)

Overton Kennedy et als vs Hardy Hightower et als

Be it remembered that heretofore to wit on the 14th day of January in the year of our Lord 1846, Overton Kennedy et als, filed their Bill of Complaint in the Chancery Court for the 28th Chancery District of the Northern Division of the state of Alabama against Hardy Hightower et als ...

... Early in the year 1826 Thos H Alsup, a resident citizen of the county of Lauderdale ... departed this life intestate. His daughter Orlena S was married to Overton Kennedy. The Kennedys, as well as Margaret Alsup (the widow) and her daughter Margaret Alsup, a minor, lived in Lincoln County, Tennessee.

O’Neal and Moore, Solicitors for Complainants.

Subpoenas issued for Hardy Hightower and John Simpson

Page 151
Hardy Hightower was the administrator of the estate of Thomas H Alsup. 

 

Page 160
Coalter and Irvine were among the claimants against the estate of Thomas 
H Alsup, dec’d. (For $35.00)

Page 164
“George Coalter in offsets in his and Irvine’s claims” - paid $93.62 in 1830 to estate. George Coalter paid $3.62 1/2 at the sale.

 

Page 165
Coalter and Coalter and Irvine’s account: $180.00

Page 202
Abner Rose: $46.81. Settled for by Coalter one of the Securities and accounted for in settlement in 1830.

Page 234

Randolph and Daniel Allsup and Hardy Hightower Admrs of Thomas H Alsup deceased vs David C Cowan and Ephraim S Allsup Exrs of Robt R Alsup decd

“Be it remembered that on the 24 day of September 1829 the following bill was filed in the office of the clerk and master of the circuit court for the county of Lincoln in the state of Tennessee setting in Equity.

...That having obtained letters of administration upon the Estate of the said Thos H in the State of Alabama in Lauderdale County an order was made by the Orphans Court of that County agreeably to the laws of that 
state at the January term thereof in the year 1828, the following negroes belonging to said Estate, viz, Laban, Sam, Dick, Milly, Sally, Tom and Caroline be sold giving forty days notice of said sale in the Florence Gazette etc. agreeably to which your orators about 15 April 1828 after giving the notice directed by said order, provided to sell said negros at public auction on a credit of six, twelve, and eighteen months, it being a condition of such sale that the purchaser should give bond with approved Security for the purchase money. That at the sale the slave called Dick, a very likely negro man then about 21 years old was struck off to Robert A Allsup at the sum of $601.00 he being the highest 
bidder and having bid the same for him at said sale.

It being nearly night when the sale of said estate was completed the said Robert R wished the notes to be prepared and also the Bill of Sale and wished them sent up by your orator Randolph in Lincoln County (said Randolph and said deft being brothers and neighbors residing in Lincoln County aforesaid when he said he would give security it being more convenient as he alledged to give security in the neighbourhood where he resided than at the place of said sale, presuming that there would be no difficulty in the matter and that no fraud was intended said Robt was 
suffered to take said slave along with him and the said Randolph waited to finish the business of the sale, prepare notes to be executed, Bills of sale, etc and amongst others the notes were drawn agreeably to the terms of said sale, to be executed by the said Robt R and his securities and the Bill of Sale was also prepared to be delivered to the said 
Robert R on his complying with the terms of said sale the notes were accordingly delivered by the said Randolph to the said Robert to be executed and for him to obtain security which he promised to secure as your other orators are informed and believe, and as your orator Randolph states but the said Robert R. after postponing the matter from time to time some times under one pretext and some times under another has finally refused to give said note with security as aforesaid and has from the day of said sale and now retains said slave in his possession in the County of Lincoln.”

Hire of the slave for 1828 would have been about $100.00, and about $80.00 for 1829. Robert R would neither pay the hire nor give his note. They were afraid that he would shortly be wholly insolvent and that he would run away with the slave, leaving them personally liable or responsible. They wanted Robert to “be required and restrained from 
running said slave from this county or in any manner from concealing him, or in any manner from parting with possession him except as aforesaid so that said slave may be forth coming to answer the decree of the court in the premises.”

Page 239

Allsups owned land on Bradshaws Creek in Lincoln County, TN ...bid off said slave to indemnify himself as fair (far?) as he would go, in the event the land should not be saved and with no other design or interest and respondent was willing and did offer to give respondents a lien on the land described in exhibit “A” for the price of said slave and at one time thought that said terms were to be accepted by the complainants or satisfactory but complts changed their minds ....” “deny most positively that he ever threatened or intended to run said slave or conceal him from complainants ... R R Allsup, March 23, 1830

 

Page 241
Good and valid deed for 304 acres of land in Lincoln County, TN, whereon the said Allsup (Thomas?) now lives, also a good deed to 149 1/2 acres of land in Lincoln County that Thomas Allsup bought of Charles Boyle, being a part of a tract that Joseph Allsup now lives on. March 2, 1822 

Page 244 
Testimony of Joel Butler 

Page 245 

In pursuance of the enclosed commission to me Alex H Wood a Justice of the peace in and for ... Lauderdale County (directed by Circuit Court of Lincoln County, Fayetteville, Tennessee).. I have caused to come before me at the court house in the Town of Florence .. on the 15th day of March 1832 aged about 35 years witness (Henry Anderson?) in a matter of controversy now pending in said Circuit Court between Hardy Hightower, Randolph Allsup and Daniel Allsup or complainant, two administrators of the estate of Thomas H Allsup, decd as complainants, and Robert R Allsup 
as defendant who being sworn duely before the holy evangelist of allmighty God deposeth and saith: 

Sale was on April 15, 1828, Several negroes belonging to the estate of Thomas H Allsup decd were sold, and defendant became the purchaser of one negro woman and her child ... several other negroes were sold the same day on the same terms ... Eighty dollars a year, taking one year with another would be a fair price for the hire of a likely negro man. He, Robert R Allsup, gave $714. for the woman and child. All the other negros were sold except Sam to the best of my recollection. Sam was sold I think in the latter part of the year 1821 by the Sheriff on Execution. 
I was a bidder but I do not recollect what he sold for. 

Was it or was it not understood by the representation of the administrators, on the day of sale, that the estate of Thomas H Allsup would be good and solvent provided they would settle a larger debt due to one of his Brothers in Tennessee. - He agreed, and understood it to be relative to the title of land. Henry Anderson 15 March 1832 

Page 246 
Testimony of Wm H Ragsdale 

He was acquainted with the negro man named Dick belonging to the estate of Thomas H Allsup for about four years. He frequently heard Thomas Allsup speak in his praise and being, and I thought him to be a likely young and valuable fellow. 

At the sale in the Town of Florence in April 1828 Robert R Allsup purchased the man Dick at $601.00. Ragsdale bought the man Labon at $625.00. “The terms of the sale was proclaimed and made known at the commencement by John W Byrne who cried the sale in the evening when the sale was over.” He lived in Marion County, along with Teuslet?, who bought a boy. “Isaac T Tinsley brought both of our negroes out to this country and I remained in Florence to get his notes which were written in three different notes payable in six twelve and eighteen months, and put in my possession and I was to obtain such security when I arrived in Marion County. ...deed of trust on the slave. He thought that Dick ought to have hired for $100.00 a year. “I have been in a habit of giving that amount for such men.” Wm H Ragsdale 22 December 1832 

Page 248 
Testimony of Hardy H Holcomb 

“By the request of Randolph Allsup, I went with the sheriff to show him the negro Dick, we went to the house of Robert R Allsup, who was not at home, he come in a short time we could not find the negro, nor could we learn where the negro was. After Mr. Allsup was explained the nature of our business he expressed some dissatisfaction and observed to me that he had no intention of removing the negro off and that the complainants had not treated him well by suing and pestering him at a time when his father was lying dead.” Robert had been counseled not to give up the notes, but had them in a drawer. Dick was worth $600.00 

Page 249 
Testimony of Benjamin Ingram 

Lauderdale County, 14 January 1833. Benjamin Ingram, aged about 53 years. “I have been in the habit of hiring negro men from the year 1826 untill the present time and in 1828 I hired likely fellows at $70.00; in 1829 at $90., 1830 at $90., 1831 at $100.00, 1832, $120.00, and 1833 at $120.. And those who hired them clothed them and paid their Tax, etc.. Benjamin Ingram 

Page 249 
Inventory of the sale of Thomas H Allsup decd sold on 15 July 1826. 

Sides of leather were sold, as well as a horse ($5.00), and a pot for .50 (horse and pot to Robt R Allsup) 

Page 250 
5 October 1826 
Second Sale 

“Mrs. Allsup bought at the sale of Thomas H Allsup decd 
1 bed stead and furniture 20.00 
1 side saddle buckle and martingale 10.00 
1 bed bedstead and furniture 15.00 
1 bureau and bride 3.00 
1 large chest 18.00 
1 bed stead and furniture 2.00 
1 small bed 3.00 
3 Winsor and 4 split bottom chairs 10.00 
1 cupboard and furniture 5.00 
1 folding table .50 
1 spinning wheel 66.00 
1 bay mare 20.00 
2 beds and furniture 14.50 
1 mans saddle 10.00 
1 mans saddle 10.00 
1 cherry side board 43.25 
Total: 255.25 

Mr. Michael Allsup bot at the sale of Thos H Allsup decd 
71 lbs sole leather (plus 73, 77, 154, and 463 sides of leather) 
6 wool hats 3.75 
Much more sole leather 
1 stove and pipe 7.00 
2 boxes glass 4.00 
3 boxes white lead 9.56 1/4 

Mr. Brice M Garner bought at sale: 
2 gray horses 200.00 
1 Reeling? Reding? Ruling? carriage 50.00 
24 lbs harness leather 9.72 
sole leather 
deer skins 
5 sides upper leather 19.31 1/4 
1 demy (demi) John 1.87 
1 lot iron 3.00 
1 pot rack 1.00 
1 Brass kettle 4.56 
1 parcel brass mountings 1.12 
6 Winsor chairs @ 2.43 each 14.62 
Sole leather, raw hides, 6 small skins tanned with hair, deer skins, upper leather, 
1 horse hide 2.50 

Mr. Robt R Allsup bot at sale 
1 bay horse 119.00 

Mr. Henry Smith bought at sale 
1 Secretary and book case 37.00 

Mr. Uriah Nanny bot at sale 
sole leather, sides of upper leather 

Mr. Abner Rose bot at sale 
upper leather, deer skins, 1 dog skin and 3 calf skins (3.50) 

Mr. Jonathan Rhodes bot at sale 
sole leather, kig? kid? skins (20 for $79.00), upper leather, sole 
leather, side 

Thos R King 
sole leather 
1 Demmy john 1.75 

Mr. Antoin Alside 
1 bed and bed stead 13.75 
1 Bureau 10.25 

Mr. Geo Spears? 
1 clothes press 19.25 

Joseph Scott 
3 aprons 1.12 

Deskin D Monroe 
1 small grind stone and 1 lot tools 2.50 
Jno Foster 
1 large grind stone 3.00 

Lewis McBride 
a small grindstone 2.37 
1 pr bridle bits .56 
1 broken bridle 2.00 

Garrett Moore 
5 sides upper leather 19.00 

Abel Mentzer 
5 small skins 1.25 
5 sides upper leather 20.06 

Geo T Lasky 
12 deer skins 10.87 

John B Sannoner 
1 breakfast table 4.75 
1 dish and glass ware 1.50 

Samuel Barham 
69 lbs sole leather 20.70 

George Coalter 
1 plough and lock chain 2.62 

Chas Campbell 
1 barrel sundries 1.00 
1 spider .75 

David Fulton 
3 axes, 1 iron wedge and 1 cutting knife 3.50 

Wm E Dancy 
95 lbs sole leather plus 81 lbs sole leather 
5 sides upper leather 17.80 

Col John Byrne 
1 plow hoe .75 
James C Jackson 
1 chick reel .50 

Col. David Lowe 
3 musket locks .18 3/4 

Charles H Hargusson 
81 lbs sole leather 19.44 
1 lot Sewayes? 3.37 
12 deer skins 5.00 

Page 255 
Insolvent report return made by the Admr of Thos H Allsup decd 

Henry Anderson 19.30 
John Austin 7.48 
Anderson Allsup 4.30 
John Boyd 21.09 
John Boyd 16.1 
Anderson Buchanan and Co 74.76 
A Buchanon a/c denied 11.00 
Capt Briscoe 10.49 
James Brittain Offsetts 1.00, 2.89, 12.00 
John L Bartlet 5.50 not found, Doubtful 
John Brice 1.25 not found 
R Boyd, not found 1.50 
J S Bewman? Pewman? 1.75 doubtful 
Peter Blow denied & pleads paymt 5.96 and 55.79 
James N Baker was sued and paid costs 20.25 
Miles Brittain .37 has offsetts 
Phillip Bruice 7.14 claims offsetts 
Phillip Bruice .74 and 1.37 
James Benham 1.92, 9.99 and 6.50 Good 
Bum? and Martin denied plead paymt 34.95 and 1.48 
Isaac Butler 40.74 claims offsetts 
Wm Brown Insolvent 1.25 
Ransom Beasley Doubtful 72.61 
Champ Beasley Billing Insolvent 3.31 
Harmon Beasley sued and pd cost 3.75 
Dudley? Brown Insolvent 
John Bird not found 8.50 
J Brownlow, not found, 4.25 
Wm M Burton Good 8.25 
J W Byrne a/c 7.99, and 7.99 
Blanch Blackard not found 2.26 
Wm Buckett doubtful 3.00 
P Burtrand (Bertrand) has offsetts 1.16 
Thos J? I? Crow denied has offsetts 26.00 
A Clandenon good 5.50 
P Cunningham, sued has offsetts recovd 1.56 
J Carnahan not found .94 
J Craig Denied, claims offsetts 35.97 
Geo Coalter claims offsetts 93.26 
Thos Childress claims offsetts for all but 4.00 
Isaac Creams not found 1.75 and 14.27 
I? J? Campbell not found 1.25 
George W Campbell denied doubtful 4.00 and .25 
H Campbell said Judgt for (offsetts) 26.25 
Alex Campbell not found 9.25 
Wm R Campbell not found 10.68 
J Campbell not found 87.35 
John Cox 2.18 not found 
John Cox not found 2.48 
A Chambers Good .68 3/4 
A W H Clifton Paid .50 
A W H Clifton Insolvent 41.36 
James E Dickson pleads payme(nt) and offsetts 2.65 1/2 
H Dupree Insolvent and dead .25 
J Darby Denied Sued paid cost 1.25 
John Copeland not found 20.75 
W Dean has offsetts 1.50 
Thos Doudel not found 11.28 
George R Wilson Insolvent 74.80 
D A Eavans Good 6.04 
W Edgar Not found 5.03 
J W Eavans not found 6.68 
Wm Estis not found .75 
John English Judgt for 6.22 7.18 (6.22) 
Wilson English sued and paid cost 5.40 
W R English has offsetts 8.87 
Freday? decd Insolvent .12 1/2 
B A Guell denies pleads payment 4.42 
Judge Fulton .32 
Thos Farmer 11.00 
Abraham For. Denies pleads payment 3.37 
E Fawer? not found 1.00 
James Gordon has offsetts 4.59 
Walter Glenn, denies has offsetts 7.77 
Patton R Gill sued paid cost 3.75 
(Name deleted by mistake) 3.00 
Oliver Grissom paid 5.06 

I Guest not found 15.14 
Walter Glenn denies pleads payment 9.38 
George Garrett claims offsetts 21.35 
John Harris not found .75 
Hardy Hightower good when got .78 3/4 
Luke Harrison god when got 10.12 
Samuel Hood Insolvent 1.12 1/2 
James Hood very good 2.30 
T B Huling denies claims offsetts 12.50 
D Hubbard not demanded .34 
Isaac Holt doubtful 11.96 
Isaac Huddleston not found 1.74 
M and J Harkins offsetts 1.50 
W Hudnell not found 1.99 
P Harlson not found 3.50 
James Hawkins denies pleads payment 8.03 
John Hollison not found 21.00 
Horse Boat Company, denied, 5.00, 1.69, 11.56 
Y Jenkins claims offsetts 12.36 
James Jackson Good 3.28 and 3.00 
Black Tim Jones not found 1.00 
Elisha James 48.02 
T Jones denies pleads payment 18.38 
Wm Kidd claims offsetts 2.41 

Page 258

Samuel Kerley not found 6.00
James Knight ded, denies Inslt 4.76
Koger has offsetts 6.25
George R Lasly claims offsetts 107.87
John Lorance good .61 and 5.02
D C Lewis Insolvent and plds payment 35.44 and 21.75
S E McCabe pleads offsetts 14.75
Samuel Maxwell sued paid costs 3.50
Wm McCowan paid 3.00
Wm McDonald denied 27.81
Henry Musselman good 19.34
Samuel McClure offsetts Insolvent 2.93
John Maws pay offsetts 3.50
Abel Mentzer offsetts and payment 15.36, 1.02 and 3.40
Maxfield not found 54.57
Thos McDonald offsetts?? (written over) 54.57
Samuel McCabe offsetts? 2.00
Robt McCowiston disputed and doubtful 14.00
James Mansco not found 1.12
McNelledge not found .75
Henry McVan (McVay?) not demanded 7.40
Col McDonald Good 7.07
Wm Monroe remaining Insolvent 90.00
John McKinley pled payment 21.52
Fru? Milly? Miley? paid 1.00
L B Michill not found 5.10
C S Manley remaining not found 2.46
John Maws pleads payment 22.56
James Knight denied 4.91
M Null pleads payment 17.57
Black Newman pleads payment 14.06
Thos S Cope offsetts 8.60
T Patterson denies .50
J S Posse doubtful 4.50
Wm Porer not found 5.13
Wm Price payment and offsetts 1.56 and 1.87
Elijah Reeves said offsetts 2.17
J Rhodes denied 1.07
L Rhodes not found .86
L Reeves not found 1.06
Dr Rucker pleads payment 2.50
Robertson not found .24
John Robinson not found 6.25
N Richardson not found 9.18
W H Ragsdale claims offsetts 50.50
Jesse Saudey? Insolvent 14.47
Marshall D Spain rect offsetts 10.85
Elijah Shelton Good 2.62
J W Stokes not found 1.18
James Sample offsetts sued 5.00
John Trader not found 13.35
F Sannoner pleads payment and offsetts 6.66 and .96
J D Spain has offsetts .96
Saunders not found, Insolvent 6.29 and .62
J Tomberlin? sued and paid costs 1.64
Jno Senbrier Insolvent 41.12
Jacob Shepman pleads payment 19.90
George W Sneed pleads payment 84.52
John Trader? not found 1.00
George Sproul offsetts sued 11.00
Rountree not found 1.00
Old Southerlin Sued and paid costs .91
Nathaniel Thacker Insolvent and dead 16.00
Henry Thompson Good 8.37
Spencer Vaughn Insolvent 5.68 and 2.54
Presley Ward offsetts 12.21
Wm Whitsett Insolvent 6.57
Reuben Walker 15.75
W R Wood has offsetts 27.19
Tobias Whitehead not found .37
John H Woodcock pleads payment and offsetts 29.40
Wm Whitsett Insolvent offsetts 49.73 and 2.65
Alex H Wood 21.39
Buckner Williams sued paid costs .61
E Wyley not found 6.00
E Weaver not found 3.38
Col Ward not found 2.25
Presley Ward has offsetts 15.28
John Welch not found 6.17
Wilson at Ferry 2.38 not found
Jas Young has offsetts .87
Michael Young paid .50
James Young offsetts and rects 1.50
James M Gibson not found 29.34
No. 210 John Cox recovered 2.68

Page 259
A List of Notes

Wm Bucket and Mutree? Int Judgt 13.35
A Akin not found 4.75
Saml Beasley doubtful 2.50
A Austin dead and Insolvent 6.00
John Huddleston not found 43.75
Wm Martin not found 21.75
John Henderson not found 4.50
Wm Higginbottom not found 3.25
George Zachariah dlaims offsetts 10.00
E Parker? sued and paid costs 5.12
E K Hudnell not found 7.10
David Campbell not found 6.20
Isaac Butler has offsetts 2.18
Wm Whitsett Insolvent 6.00
Wm George Insolvent 22.00
George W Waid not found 5.00
J Gray not found 10.41
John C Docherty Insolvent 3.50
McDonald and English offsetts 45.00
Wm George Insolvent 13.78
D Berry not found 6.00
James Holligan Insolvent and dead 3.39
James Berry doubtful 3.50
Hugh Duffler dead Insolvent 3.00
Daniel McKinley pleads payment 10.00
James Irvine good 65.00
Wm George Insolvent 14.54
George Cockburn Sued paid Cash 11.85
Hugh Duffee decd Insolvent 5.87
Randolph Allsup not good 46.00
Jesse Cheatham not found Doubtful 33.00
Blk Simon Coffee Doubtful 1.62
Wm Bucket Doubtful 4.00
Wm McCowan claims offsetts 34.50
Wm Tellford Doubtful not found 58.31
Wm Harrison Doubtful not found 7.00
Wm Monroe and G K Dillion Insolvent 58.55
John Menor Not found 1.93
Williams not found Doubtful 5.00
Rainey? Belew paid

R N Crittenten rect for leather to sell on Comm 106.62
... We brought suit and he claimed offsetts and we obtained Judgt for $28.94 paid $300? the balance is doubtful. Greater part will be good $8.00

Page 261

James Coalter claims offsetts 277.87
R Ellis and Collin Buford sued and paid costs 8.34
Wm Collier Doubtful 2.00
Wm Graham sued and paid cost 4.50
James Gordon has offsetts 2.27
Wm Collier?? Collid?? Doubtful 2.00
Eli Nations Doubtful 6.75
Wm Graham Doubtful 8.75
Edward Young Doubtful 7.32
Nation Thacker Doubtful 1.06
Thos Miles Doubtful 6.00
Saml Jones pd to R Rhodes 4.62
Thos Pruitt Doubtful 1.00
Abel Mentzer claims offsetts, doubtful 40.00
Presley Rhodes Constable and Securities 0
Lewis McBride in the hands of the above 4.87
Wm Williams and J S Allen sued and paid cost 15.28
Sanders Austin doubtful 9.75
John Roberts sued and paid cost 5.75
Elijah Reeves Doubtful in Rhodes’ hands 3.50
George Berdwell not found .50
Samuel Eavans Sued and paid cost 7.87
Hillory Curtis Insolvent 2.50
David Hooks Insolvent sued and paid costs 16.87
Martin O’Harra offsetts sued and pd costs 9.00
Isham R Leath sued and paid cost 9.12
Henry Cockburn, Shelby Polk offsetts sued Judt 18.50
John Boothe not found 4.83
Z Rose and A Rose offsetts sued Judgt 8.55
Ranson Beasley not found Doubtful 3.93
Joseph Terrill sued and paid cost 11.96
Canny? Cockburn Jas Benham Sued Judgt 2.62
Martin O’Harra sued paid costs 4.83
James Williams denied pleads payment 5.25
Thos Williams Paid 4.50

Randolph Allsup Rect for brother? to sell on com. out of his leather was sold as belonging to estate of Thos H Allsup and returned in the Clerks office as such to the amt of $333.53 due the estate (8.12 and 1187.25 due - balance of 853.66)

Thos Layton in R Rhodes hands 49.00 and 8.00
A W H Clifton sued paid cost insolvent 50.00
Jno Holcomb claims offsetts 63.00
J R Tanners due bill given to Amos Robinson for plank and sold to T H 
Allsup disputed and doubtful Supposed to amount 135.25

Many other accounts - money due the estate - names of people (msw)

 

Page 262

One negro slave (a man) title disputed. The reason why said negro was not retd in 1st Inventory

One lot of ground in the Town of Florence whereon the said Thomas Allsup resided on which is erected a dwelling house and Tan Yard and buildings, One lot in Town of Florence beginning at Garrards Corner North East, thence north with Court Street to McDonald’s corner, so as to contain one fourth of the ground bought by Brittain of the Cypress Land Company to run west to the public lands by the Spring thence southwardly to Garrard’s corner thence Eastwardly to the beginning Lot No. 305 containing 1.35 acres Lot No. 12 lying on Court Street and purchased of 
Jonathan Rhodes one lot on Court Street also Lot No. 304 in the plan of Florence containing three acres.

(Many other accounts - money due the estate - names of people) msw

Page 268

“An Inventory of negroes and lots sold by the admr of Thos H Allsup decd on the 15 and 16 days of April 1828

Labun, a negro man sold to Wm H Ragsdale at $625.00
Salley, a woman sold to Margaret Allsup $600.00
Tom, a boy sold to Isaac C Tinsley $400.00
Milly, a woman sold to Henry Anderson $463.00
Carolina, a Girl sold to Henry Anderson $251.00

Sam a man was not sold, he being by the Sheriff by virtue of several Executions

Lot No. 511 was sold to W W Garrard at $145.00
310, 304, 305 and 12 was not sold.

I certify that the forgoing is a correct return 28 April 1828 Hardy Hightower Admr etc.
Sworn to and subscribed before me this 28 April 1828 W W Garrard Clk

An Inventory of the sale of the lots in Florence belonging to the estate of Thomas Allsup decd sold on the first Tuesday in June 1828 in pursuance of several decrees in the Court of Chancery. April Term 1828 Lot No. 510 sold to Jno Kirk, Partrick and James Foley??? for $600.00

Lot No. 304 sold to John Coffee for $45.00
Part of Lot No. 305 sold to W W Garrard for $127.00
Lot No. 12 sold to James C Davis $550.00
Total: $1322.00

Page 269

A list of claims against the estate of Thos H Allsup.

Jno Halcomb claim 323.16
Randolph Allsup 1155.00
English? and McDonalds claim 28.00
James R Alsups claim 25.00
Solomon D Spain’s claim 38.25
Total: $1569.31

Jno Philips 9.37
Wm Koger 9.00
John Key 4.75
W W Garrard 32.75
Jno Maws 24.12
Wm Whitsett 111.32
Zachariah 18.81
Wm H Ragsdale 10.00
Wm Kidd 1.00
Coalter and Irvine 35.00
Daniel Perry 4.50
Jno Halcomb use of 146.62
Abel Mentzer 62.93
Ferdinand Sannoner 5.00
Lynn Pendergraft note and interest 85.00
George Boggs debt and interest 137.00
Boggs and Buchannan 4.80
George Boggs Jr. 2.50
Presley Ward Debt and Interest 156.22
Wm C Brice claim 1.00
M & J Harkins debt and Interest 39.00
John Boyd 80.00
Zeblon Jenkins 21.65
Henry 105.50
Wm R Wood 26.56
Lynn and Pendergrast 2.25
?eems Estate 2.31
Ezra Webb 16.55
James Wheeler 140.00
Marshall D Spain 29.50
Ward and Craig 52.79

Others, including James Brittain, Thos McDonald, Henry Anderson, John Simpson and Co., Hardy Hightower, Thos Hightower, George W Sneed, Nathaniel Leath, Peter Bertrand, Wm McDonald Sr., Hugh McVay, Miles Brittain, Jno 
Ashcroft, Isaac Butler, George Coalter (44.00), and the Bank of the State of Alabama (1176.00)

Total debts: $6814.79

A list of claims settled by Hardy Hightower sett off more actually balancing accounts which have been adjudicated and paid by offsetts

William Price paid one half 6.43
Bertrand in offsetts 1.17
John Craig and Ward and Craig 7.60
Thos Farmer in offsetts 11.00
Z Jenkins Set off 21.65
Thos McDonald set off 56.59
Coalter and Irvine 35.00
George W Sneed 172.56
James Gordon 9.87
James Benham 18.50
Peter Bertrand 3.12
Joseph Young 8.00
Wm McDonald 13.86
Buchanan and Sproule 3.25
Hugh McVay 13.00
Thos Hearlson 1.50
Miles Brittain 6.92
Isaac Butler 24.25


Page 276

August Term 1836
“... On the 24th day of Sept 1829 your orators exhibited their original bill of complaint against Robert R Allsup (Hardy Hightower of Lauderdale County, and Daniel Allsup and Randolph Allsup of Lincoln County, Tennessee, admrs of the estate of Thomas Allsup - orators).

August Term 1838
“It appearing to the satisfaction of the court that the deft Robt R Allsup had departed this life and the Compts had filed their Bill of revivor against David C Cowan and Ephraim L Allsup the Executors of the said Robt R Alsup decd.

Page 279
August Term 1845

Account of value of the hire of a negro man Dick from the 15th day of April 1828 to 24 February 1839, the person hiring furnishing clothing and paying tax: $1175.17

Page 281

“The said negro man Dick was in the possession of Robt R Allsup from the 15 April 1828 to the death of said Allsup some time during the August term 1836 of this court ...

Page 284

“I have delayed sending for the slave Dick now confined in the Jail of Lincoln County ...
A. Wright
“I have this day recd said slave Dick from said Sheriff and give this receipt by virtue of the authority above vested by Archibald Wright Esqr attorney for Complainants Nov 29, 1845.

Page 297

“... that said Thomas H Allsup departed this life intestate in the year 1826 leaving Margaret his widow, and Mary An, Orleans S, Louisa L, and Margaret M his only children and heirs at law.”

Page 304

Lauderdale County

Your Orator Overton Kennedy and Orleana his wife, Margaret M Allsup, a minor, by Overton Kennedy her next friend ...in __ filed their original bill to which this is an amendment against Hardy Hightower, Randolph Allsup and Daniel Allsup, adm. of the estate of Thos H Allsup, and John Simpson admr de bonas

Thos Allsup departed this life early in the year 1826, leaving the following named negroes to wit: Tabor, a likely active and valuable negro man, Dick a likely active and valuable negro man, Tom an active likely and valuable boy, nearly equal in value to a man, Milly a valuable woman, Caroline a valuable Girl and Sally, all of whom went into the possession of Hardy Hightower, one of the admrs and he then said H did not sell them until April in the year 1828 - and altho he hired them out for large sums of money to different persons, he has made no account of said hire, in any partial or general settlement of his said administration and your Orators here aver that he is justly indebted for the same ....


Page 309 - O’Neal and Moore, Sol. for Complts

Page 309
Appraisement of the property of T H Allsup decd

Includes: tanned skins, slave, window glass, demijons, lime, raw hides, saddle, bridle leather, rounding leather, upper leather, kegs of white lead, beds and furniture, folding leaf table, square table, corner cupboard, bureau, china press, beds and furniture, bureau, large chest, family Bible ($5.00), lady’s saddle and bridle, bed and furniture, 6 Presidents, side board, china press, or Secretary and book case, 8 Windsor chairs, 4 split chairs, grindstone, wool hats, oven and skillet, brass skillet, coffee pot and mill, pot rack, spinning wheel, pair of gray horses, carriage and harness, bay mare, bay horse, man’s saddle, plough and log chain, port tumblers, cupboard furniture, decanter, pitcher and 2 small glasses, double rein bridle and martingale
Total value: $4505.39

Page 322
Hardy Hightower

After recounting his efforts and money expended as executor of Thomas Allsup: 
“Respt admits that it was a long time from the period he took out letters of administration till said final settlement and that the orphans court cited him to appear and settle by ? he did so he also admits that creditors were pressing and importunate, but rests? had other and better causes for delay than complainants have imputed to him ( and which respts ... had so little to do with the ... in this court that as not waiving any right to exceptions, so fair as complete bill charges him as holding out in contempt the process of the order ... His reasons for delay were, that when he came into the administration of the estate he found it involved in debt, his intestate had managed his 
business in a very loose and irregular manner in settling it ... his co admr became involved in suits both in Alabama and Tennessee when respondant’s intestate had lived a few years before his decease and respondants being personally liable for the expenses of carrying on those suits. And for ultimate costs, the extent of which it was not in 
his power to ascertain till they would be ended, considered it would be unsafe to make settlement before their termination and he was advised by counsel not to settle untill these suits should be finally determined but the importunity of ... rendered his situation so very unpleasant that in the year 1838, he determined to resign even at the risk of pecuniary loss, and this determination he carried in to effect in Nov 1838 by making his final settlement and then resigning, leaving to others the final settlement of said estate which afterwards fell into the hands of Jno Simpson.
Hardy Hightower 18 October 1848

Page 335

Deposition of Benjamin Harris

Asked to declare whether or no he had knowledge of Brice M Garner and Thomas H Allsup being in partnership in the Tanning and currying? business in Florence. Declare whether or no he was present at any time with Allsup and Garner were talking about a dissolution of their partnership. If there was any arrangement or agreement made at that time 
in regard to Sam’s remaining with Allsup to finish leather.

Complainants objected to question about Sam - and other leading questions. “I have been acquainted with Brice M Garner and Thos H Allsup since 1808 or 1809. I knew them in the state of Tennessee. I knew them both well in this state, and Allsup at Florence. He only knew that they were partners. “I was tho in trade with Garner for two negro boys and in some way the question of Allsup who claimed the negroes came up and I went in to see Allsup at the Tan yard about the negroes, and Allsup told me in the presence of Garner that the two boys I was in trade for belonged to him (Allsup) but that Sam belonged to Garner to which Garner assented. ...I took the bill of sale to the boy I bot. from both of them on account of the uncertainty of the title. “I know of no arrangement or agreement about Sam’s remaining to finish leather. My understanding was that Sam was the principle workman in the yard, and that Garner put him in, or got the value of his labor.

Page 337
Deposition of G W Jones and James Fulton

George W Jones - deposition at Fayetteville on 7 November 1850. Jones was about 45 years of age. Jones was acquainted with Brice M Garner and Robt Dickson, both now deceased. He became acquainted with them in the later part of the year 1821. He knew Robert Dickson from that time to the time of his death in the summer of 1833. He also knew Brice M Garner until his removal to Alabama, and until his death. He thought Garner was insolvent as early as 1822 or 1823. Didn’t know when Robert Dickson became insolvent and doubtful in his pecuniary condition - possibly as early as 1825 or 1826 - but not insolvent (at that time), he had for the country in which he lived a great deal of property real and personal, and did quite an extensive business in the several branches of Tanning, saddling, blacksmithing and fanning? and so continued doing business and holding property untill about July or August 1828 when he was sold out by the Sheriff of Lincoln County, Tennessee and the Marshall of Middle Tennessee.

Robert Dickson was safe, he thought, as security for $1200. until 1824-26 or any time prior to the month of June 1828. “My knowledge of the business and condition of Robert Dickson, was derived from my personal knowledge and observation of his affairs, having lived with, and worked for him as an apprentice and as a Journeyman saddler from 
September 1821 to about June 1830.
George W Jones, 14 November 1850

Page 338

Deposition of Wm H Duke, Andrew J Edmondson and Chas W Martin.

Questions about ?, residing near Pontotoc in Mississippi.
Deposition taken at Pontotoc, Mississippi on 4 May 1849.
Wm H Duke:
“He moved from Lincoln County, Tennessee some time in the fall of the year 1834 to Mississippi and was solvent and in good circumstances as far back as the said year 1834 when I first became acquainted with him. My reasons for esteeming him solvent is that he owned and controlled a good stock of goods, for a number of years had some 12 to 15 negroes, at least, and other good and valuable property. He had heard Pinson speak of being indebted but gave him no impression that he was insolvent.

Charles Martin:
-Known him for 14 years, since he moved from Lincoln County, Tennessee. He owed a great deal, but that didn’t effect or impair his credit.

Page 342
Deposition of Joel Pinson
“I resided in Lincoln County in the state of Tennessee from the year 1809 to the year 1834 inclusive. I moved from that county in November 1834.

“It appears to me that the best answer I can make to this interogatory will be to state the following facts. For some time previous to my removal from Tennessee I had been a partner in a mercantile firm known by the name of Pinson, Kincannon & Co conducted by H L Kincannon the active partner. During the summer of 1834 we found it necessary to close business, and make an assignment for the benefit of creditors of said firm ... Between six and eight thousand dollars of my individual property was also put into the hands of the Trustees, or applied directly to the payment of the firm debts ... I was permitted to bring with me to this state all the rest of my property leaving behind me nothing that could have been made liable for any debts except such as had been provided for by said deed of trust. ... . He was regarded as being hopelessly insolvent - could have had a deficiency no less than twenty thousand dollars.

“I have resided in Pontotoc ever since I removed from the state of Tennessee. I have never been sued at law upon the bond mentioned in this Interrogatory. I removed to and settled at this place in the fall of 1834. I have been the owner of property in Mississippi. I brought with me from Tennessee and some household stuff for some years did an active business as a merchant and have traded considerably in land, since my residence at this place I have owned more than thirty sections of land and at this time own more than five sections of land. My negroes have increased by purchase and otherwise until their number at this time would exceed thirty. But for the fact that I have made distribution of more than half that number to my children I would say I am now solvent. ... Since he left Tennessee he had paid old partnership debt contracted before he left Tennessee and unprovided for in said trust deed above 
mentioned amounting to more than forty five thousand dollars including interest. It required the labour of more than twelve years to accomplish that object and at the same time to support my family. The last debt within my knowledge having been paid in 1847 for more than half the above period. I hardly dared to hope for success and I will add that my success was I believe the result of a determined and well directed effort sustained by the kindness and confidence of the Trustees who succeeded in convincing our creditors that their true interest was to wait and not to sue, and further this deponent saith not.
Joel Pinson 9 April 1850

Page 346
Interogatories of Wm Timmons and Wm Neelot at Fayetteville

Wm Timmons:
He knew Robt Dickson from 1806 until his death in 1833. When I first knew him he was a clerk in a store for his brother Wm Dickson from the year 1806 to the year 1810, after the year 1810, he established a store in the town of Fayetteville... in copartnership with his brother Wm. ..He was not sold out by the sheriff for said debt of his brother Wm Dickson but was sold out by the Marshall of said state in the year 1829 but was considered very solvent until the year 1825 or 1826 and after said time he was considered doubtful. Dickson had a house and lot and store house lot and some land near Fayetteville owned now by John Burke, near 2100 acres, a tan yard in Fayetteville, some negroes, somewhere near 20 in number and some other property, etc.. He was very punctual to pay until he was considered failing and credit good. He was considered to be very rich from the ... to the year 1826 and about that time he was somewhat dissipated and was not considered so rich until he was sold out.

Page 348
Deposition of James Irvine
26 December 1849

Page 352
Deposition of Robert C Bumpass
“I was writing in the office of the Clerk of the County Court for Lauderdale County during the month of November 1838. ... Recorded in Book of Inventory, Letter “A” No 3, Pages 79, 80 and 81” - in his handwriting

Page 359
Deposition of M C Gallaway
Lauderdale County, 13 May 1850

“I have in my possession a file of the Florence Gazette a newspaper published in the Town of Florence .. for the year 1838 ...and from the year 1832

Deposition of Wiley T Hawkins, Clerk of the County Court of Lauderdale County, Ala.
James A Baker, one of the solicitors of Hightower was his son-in-law since May 1849.

Page 366
Deposition of Almon H Mason 4 May 1848

He is the son in law of Hardy Hightower. He was present before the Orphans court of Lauderdale County in 1838 when defendant Hightower made final settlement with the court of his administration of the estate of Thos Allsup.

Page 379

Master’s Report
In October 1826 Hightower hired out the negroes belonging to the estate until 25 Dec. 1827 and made another sale of personal property - income reported by Hightower.

Page 385
Master’s Report

6th The Complainants ask me to charge the deft Hightower (Hardy) with the sum of $1197.93 being the amt of the purchase made by Michael Allsup & Brice M Garner at the sale in June 1826 after deducting the payment made by them on the grounds that the security taken was insufficient and that the administrators were guilty of gross negligence in failing to collect the debt. Garner and Allsups purchases were consolidated and Robt Dickson and 
George Coalter were taken as security on their notes. This note matured on the 5 March 1827 and suit was instituted against Dickson Allsup and Garner early in 1828, but it was continued by the defts from term to term up to January 1829 when Judgement was recovered against them. Execution upon this judgement was returned; no property found; Coalter was not sued and it is admitted that he was insolvent on the 1st July 1828. A good deal of proof has been introduced to show the condition of Dickson and Coalter at the time they were taken as security and in deciding this question I have endeavored to give all the testimony its due weight as the proof will accompany this report. I shall not recapitulate the statement of the witnesses but will simply remark that I can come to no other conclusion from the Testimony than that the admrs acted in good faith in taking the security in this case that at the time they were apparantly amply able to pay the debt; nor do I consider that he was guilty of such negligence in his efforts to collect the note as would authorize me to under the instructions of the chancellor to charge him with the claim on that account.

Page 387

“John Harrison was acquainted with the negro boy Dick who was sold by Hightower to Robt Allsup of Tennessee. He is a strong faithful negro, a No. 1 Boy, would have hired from 1828 forward some years from one hundred and twenty to thirty dollars and some other years for not more than one hundred dollars, can’t state what the negro for in 1828-32 but supposes he would have hired for over a hundred dollars. In 1833 witness thinks he paid one hundred and twenty dollars for a negro man.

“Horace Summerhill has been hiring negroes since 1829. Can’t state what negroes was worth in 1830-36. Hired 3 negro men about the year 1837 for $394 - at the same hiring Dr. Stewart got 1- men for less than witness paid, can’t say how much less. He afterwards paid as high as $142. for negro men and he also hired as low as $72. the hire of Negroes - varied with the price of cotton from 1837 to 1845 was low there was allways a demand for negroes and rates of hiring was higher than the price of cotton justified the negro witness hired for $72 was a runaway and hired 
for ten or fifteen dollars less than a No. 1 man - he was present at the hiring and proved to be a No. 1 man. Horace Summerhill

Page 388

Andrew Amonett - was living in this county in 1839 negroes hired in January 1839 publickly No. 1 men hired for over one hundred and thirty dollars was at but one hiring in that year. Knew negro man Sam before Allsup’s death and saw him in Hightower’s possession between the years 1825 and 1830 and after the sale of said negro to David Houston the Boy Sam is the same negro now in possession of Dr. James W Stewart at his tan yard near Florence.

John Murphy
Has known Boy Sam some fifteen years. He is a Tanner and Courier? Currier? Witness hired Tanners and couriers from 1826 to 1834 and paid from $240 to $300 for a man about equal to Sam, he paid $300.00. These were white men. Negroes would not have hired for quite so much.

Abram Dean
Witness hired negroes in 1831 - 1835 for about one hundred dollars pr year. The negros were employed on public works and hired for higher? rates than negros on plantations. Hirers made a difference of 15 or 20 dollars a year.

Baylor B Barker was licensed as an auctioneer in 1839. From 1839 to 1845 Negros hired for about one hundred dollars a year. This sum was a fair average the hiring to Summerhill was not a fair criterion of the value of Negros in my estimation, from the fact that Summerhill was usually run upon by bidders more freely and to a greater extent that I have observed it in others who were bidding because Mr. Summerhill was considered a hard master. In speaking of Mr. Summerhill as above I make no allusions between 1837 and 1839.

Page 389
Michael Olive Lived in this county since 1828 - has no recollection before the year 1834 as to the hire of negros. good negro men would have hired for about $100 - from 1834 up to this time.

Peter R Garner, son of Brice M Garner. His father became insolvent in 1823. It was generally known that his father and Thos H Allsup was in partnership in the tanning business for several years - Some time before Allsup’s death the partnership was dissolved and after the disolution the negro Sam came into the possession of Brice M Garner. Sam remained in said Garner’s possession for some time at Fayetteville, Tennessee. He finally ran away and came to Lauderdale County where he was levied upon and sold as the property of Brice M Garner. Can’t say whether Sam came into his father’s possession before or after Allsup’s death. Brice M Garner was in partnership with Allsup in Florence after he had become insolvent in Tennessee. His father commenced breaking in 1818 but did not become insolvent until 1823. Witness in speaking of the failure of his father refers to his failure in Tennessee where he then resided. Was acquainted with Robt Dickson of Fayetteville Tennessee. Dickson was reputed to be very wealthy until some time in 1828. In May 1828 he confessed a judgement to his brother Wm Dickson of Greenville East Tennessee and up to that period he was considered very wealthy.

Page 389
Thomas Kirkman’s Testimony

Thos Kirkman was acquainted with Brice M Garner in his lifetime; Knew him in 1820, he was then reputed to be solvent; he became insolvent prior to 1823. Knew the Boy Sam he was in Allsup’s possession at his death, and after Allsup’s death Witness served an execution upon him as Allsup’s property, said Negro was in the possession of Hightower, Admr when levied upon at the Admr’s sale of Allsup’s property. Witness insisted that his execution against Allsup should be satisfied but Mr. Hightower urged him to let the sale go on and agreed to reserve the negro Sam from the sale that he might be levied upon by Witness. Knew George Coalter in 1821. He was then in the estimation of the public, embarrassed and in doubtful circumstances. Witness sued Coalter in the fall of 1821 for $1200.00 and collected the money. His credit grew worse afterwards and was allways considered doubtful. He was a lawyer doing a good practice in 1826. Witness knew of no executions being returned against him unsatisfied in 1825 or 6. His credit was declining all the time from 1821. Coalter in 1826 was living on the lot now owned by Dr. Todd, and either lived in the large house on said lot, or moved into it afterward, and was the ostensible owner of the same. He was also the owner of a negro girl, Horse, Household furniture and other property usually owned by House Keepers.
The house built by Coalter could not have cost less than $4000.00 and perhaps more. Cant say whether Coalter had paid for the lot he occupied. It was not a matter notoriety as to the payments for Town property.

Page 390

J M Cunningham Testimony

... acquainted with Alex Shields all the time he lived at Rogersville .... Shields was a mechanic in moderate circumstances .... Shields had such property as was necessary to keep house and carry on the trade of cabinet making which he followed.

Page 390
James H Weakley:
Knew George Coalter. He made the deed of trust to witness (this deed was produced and read in evidence) for the benefit of the Cypress Land Company and Hugh Campbell at the time it bears date. Witness sold the lots under that deed. The sale amounted to $3972 - on a credit of 9 and 18 months. This sale did not pay the debt to the Cypress Land Company. The Cypress Land Company generally sold their lands and lots, and gave bonds for titles - deeds to be given on payment of purchase money. Can’t say such was the case on the sale to Coalter. He knows of no exception 
to this general rule except amongst the Trustees themselves, tho there may have been such exceptions. The Books of the Cypress Land Co show that Coalter was indebted to the Company to the amount of $5637.12 - on the 14th Decr 1827. Witness knows of no transaction between the Cypress Land Company and Coalter except the purchase of lands and lots by the latter for which the debt above spoken of was treated. The Cypress Land Company dealt in nothing but lots and lands and Ferry rights; don’t know whether Coalter was a stock holder in the Cypress Land Company. James H. Weakley The original papers in the Case of the Cypress Land Company vs Coalter were read as evidence by Complts.

Page 391
Saml Caruthers deposition

Saml Caruthers was acquainted with Michael Allsup in the State of Tennessee Lincoln County in 1825 and 1826 ... Allsup was a Blacksmith ....

Page 391
Davis Smith Testimony

Michael Allsup left witnesses’ neighbourhood in 1830. He was a poor man but good for his contracts. He was a blacksmith by trade and had a set of tools with which he worked; he had no land.

Page 391
Charles Sullivan deposition

Chas Sullivan taught school in Florence from Oct 1825 up to the spring of 1828; heard George Coalter spoken of as a leading lawyer. He was building a fine house in 1826 in Florence; Had no knowledge of Coalter’s reputation as to property.

Page 391
Thomas J. Crow’s deposition

Thos I? Crow has resided in Florence since the year 1821 excepting a few years spent in South Florence. Lived here in 1826; knew George Coalter in 1826; worked for him while he was building his dwelling house. Thinks Coalter’s credit was good but believes he was considered a slow pay master. His general credit was fair supposes he could have got 
credit at any business house in Town. Coalter’s credit was good up to 1828 or about the time he left here. His circumstances were then embarrassed. Witness is a carpenter by trade and worked on Coalter’s house; built by 
Coalter; cost some five or six Thousand dollars; thinks the building the house was the cause of Coalter’s failure as he was hard run from about the time it was finished. Coalter had a negro girl but witness knew of no other property belonging to him. He was a lawyer doing a good practice. Witness was never about Coalter’s house much. He may have had other property unknown to him. Thomas I? J? Crow

Page 392
Dr. Todd’s testimony

Dr. Levi Todd has lived in Florence since 1821 - was acquainted with George Coalter in 1826. His general credit in 1826 was good. Coalter had a house and lot in Town and a farm and some negroes in the Country, but can’t state that he owned the farm in 1826. He may have sold it before that date. Witness now owns the house built by Coalter. It is large and well built and must have cost between eight and twelve thousand dollars - building this house was said to be the cause of Coalter’s failure as he became embarrassed about the time it was finished. Don’t know that Coalter was insolvent until he left here. Levi Todd

Joseph Ijams’ deposition
Joseph Ijams came to this county in 1824 and became acquainted with Col. George Coalter in the Spring of 1825. Was acquainted with his general credit; It was good up to the fall of 1827 when he began to fail. Joseph Ijams

Complainants and defendents admit that George Coalter was insolvent on the 1st day of July 1828.

Final Decree. Chancery Court of Lauderdale County, Alabama Feby 2nd, 1852
Overton Kennedy et als vs James A Baker Admr of Hardy Hightower and others:

Complainants, heirs of Allsup, recover of James A Baker, administrator of the estate of Hardy Hightower decd the sum of $4682.99 and also the costs of this suit.

E D Towns, Chancellor