1841 County Court Minutes

Compiled in July 1993 and submitted by Jacquelyn Cox Otts

I hope these notes will provide clues as to the location of these people during this period of time. I have attempted to keep the spelling of the names as I saw them in the records.

February Term 1841
Honorable John E. Sumner, Presiding
John W. Suttle, Esquire, Sheriff
Summoned for jury duty: Jonathan Moore, William Garner?, Raleigh Spinks, Elias Miller, David Carrall, Benjamin Fancher, Thomas Shaddack, Emanuel Ward, Willis W. Nichols, Christopher Pearson, Jr., James Lackhart, Elza Gaylos, Archer Blake, Elkanah Belvin, David Lightsey, Jesse M. Miller, John Marchants, Hilliard J. Cates, Charles Carter, Wiley Brown, George W. Sharp.

James Glascock vs Wilton Rucker and John W. Suttle - p. 94
Defendants made default. Plaintiff to recover $821.50 (balance due on promissory note) and costs incurred.

Daniel Ward/Wood? vs Claiborn Hill - p. 94
Defendants made default. Plaintiff to recover the sum of $114.43 in damages and costs incurred.

Thomas P. Wells vs Claiborn Hill - p. 95
Defendant made default. Plaintiff to recover $175.50 (promissory note) and costs incurred.

Lee & Graham, for the use of John P. Graham, vs Elijah P. Crow - p. 95
Defendant made default. Plaintiff to recover $61.16 (promissory note) and costs incurred.

Reason Woolley vs Richard Bird - p. 95
Defendant made default. Plaintiff to recover $279.43 (promissory) and costs incurred.

Edmund King vs Benjamin Camp and James J. Harrison - p. 96
Defendants made default. Plaintiff to recover $1161.75 (promissory note) and costs incurred. NOTE: After this entry there is a statement that James J. Harrison, the security, had paid the amount in full. Watrous and Defreese, attorneys for the plaintiff.

Thomas Owens, use of Edmund King, vs Benjamin Camp and James J. Harrison - p. 96
Defendant made default. Plaintiff to recover $613.91 (promissory note) and costs incurred. NOTE: After this entry there is a statement that James J. Harrison, the security, had paid the amount in full. Watrous and Defreese, attorneys for the plaintiff.

Edward H. Burnhard vs Claiborn Hill - p. 96
Defendant made default. Plaintiff to recover $71.04 (promissory note) and costs incurred.

William Pearce vs John G? Collier - p. 97
Defendant made default. Plaintiff to recover $119.94 (promissory note) and costs incurred.

William Kirk (Kersh?), for the use of Cave? and Bryant vs William Sims - p. 97
Defendant made default. Plaintiff to recover $140.74 (promissory note) and costs incurred.

Edward H. Burnhard vs Ransom Davis - p. 97
Defendant made default. Plaintiff to recover $64.34 (promissory note) and costs incurred.

Edward Sims' Executors, vs Thornton Stringfellow - p. 98
Willis Banks and Aaron Ready, executors of Edward Sims, stated that Edward Sims had departed this life since the last court session and produced letters testamentary issued by the county court of Tuscaloosa County. Defendant made default. Plaintiffs to recover $2123.00 and costs incurred.

Benjamin Camp vs James W. Davis - p. 98
Jury: Jonathan Moore, William Garves, Raleigh Spinks, Elias Miller, David Carroll, Benjamin Fancher, Thomas Shaddock, Willis W. Nichols, Christopher Pearson, James Lockhart, John Wheeler, Emanual Ward. Plaintiff to recover $111.90 and costs incurred.

Alexander Spears vs Sarah Giles and John Giles - p. 99
Defendant made default. Plaintiff to recover $12 and costs incurred.

Powel and Randall vs N. G/S? Underwood, Ransom Davis, William Fryer - p. 99
Jury: Jonathan Moore and 11 others.
Verdict in favor of defendant. Jury further stated that the amount of the execution that the said Underwood as constable failed to return as charged in this case was the sum of $27.87½ and the interest due at the rendition of the judgment against the defendant by the Justice of the Peace in the Magistrates Court on 9 February 1833 was $15.68_ and that the interest due on the said judgment is $29.54 and the costs due is $3.56¼ making the sum of $76.66¼. Plaintiff to recover from Nimrod S. Underwood and Ransom Davis, William Fryer, and James W. Davis, his securities the sum of $76.66¼ and costs incurred.

William F. Hodges, use of Presley A. Berry, vs Alexander Hill - p. 99-100
Jury: Eza Taylor and 11 others. Plaintiff to recover $60.53 and costs incurred from Alexander Hill and Enoch Carson, his security.

Samuel Wilds Vernon vs Daniel Snead - p. 100
Henley G. Snead, Valentine Corley, and Margarett Snead were executors of the last will and testament of Daniel Snead, deceased. Jury: Elza Taylor and 11 others. Plaintiff to recover $286.55 (amount due on promissory note after deduction of the $100 payment).

John Wood vs James Devenport - p. 100
Jury: Elza Taylor and 11 others. Plaintiff to recover $197 and costs incurred.

Ansel Sawyer vs Noah B. Coker - p. 100
Case continued until next term.

Jesse Leach vs Daniel Smitherman - p. 100-101
Jury: Elza Taylor and 11 others. Plaintiff to recover $63.50 and costs incurred.

Walter C. Duff, use of John Watkins, vs Michael Purtel - p. 101
Plaintiff takes a "nonsuit." Defendant to recover costs of his defense from plaintiff.

Abisha Camp vs Joel Taylor and John Blake - p. 101
By agreement plaintiff dismissed his suit and defendant to pay costs.

Robert Dwiggins vs Ransom Davis - p. 101
An alias scire facias issue directed to James Hill, a Justice of the Peace of Bibb Co.

William Johnson vs Wiley H. Fields - p. 101
Jury: Jonathan Moore and 11 others. Plaintiff to recover $31.86 from defendant and Hugh Looney, the security, and costs incurred.

Moses Overton vs Garrett Freeman - p. 102
Executors of Moses Overton-Aaron L. Overton, John B. Overton, and Mary Overton-said that he had departed this life since the last session of court. Plaintiffs to recover $48.52 (promissory note) and costs incurred.

John M. Cotton vs Charles G. McMurray - p. 102-103
Jury: William Garner and 11 others. Plaintiff to recover from defendant and James Lockhart, the security in the appeal bond, $42.37½ and costs incurred.

William Henderson, for the use of Warren T. Goodwin vs William Davis - p. 103
Jury: Jonathan Moore and 11 others. Plaintiff to recover $76.25 and cost incurred.

William M. Lacy, for the use of Richland Kingsland, vs Barney Kornegay - p. 103
By agreement of the parties the suit is dismissed. The defendant assumed payment of the costs.

James Glascock vs Wilton Rucker and John W. Suttle - p. 104
By agreement of the parties, the judgment entered in this case on the first day of this term was stayed until the 25 December next. Lindsey Rucker acknowledged himself as security for the payment of the judgment.

John Milner vs Samuel N. Houston, James Dowdle and Robert Dowdle - p. 104
Plaintiff dismissed his suit and assumed payment of costs.

George W. Lewis, Administrator of John Lewis, vs Jacob Purtle and Michael Purtle - p. 104
Case continued until next term.

George W. Lewis, Administrator of John Lewis, vs Jacob Purtle and Michael Purtle - p. 105
Plaintiff had not been notified. Case continued until next term.

George W. Lewis, Administrator of of John Lewis, vs Jacob Purtle and Michael Purtle - p. 105
Plaintiff had not been notified. Case continued until next term.

George W. Lewis, Administrator of of John Lewis, vs Jacob Purtle and Michael Purtle - p. 105
Plaintiff had not been notified. Case continued until next term.

James W. Davis, as agent, vs Jesse Adkins and Jackson Baldwin - p. 105-106
Jesse Adkins and Jackson Baldwin summoned as garnishees to answer on oath how much they were indebted to Aaron Hinson. James W. Davis as agent of John Cantly & Company. Adkins and Baldwin stated they had already paid $27 to Wright Hinson on one of the two $50 notes. Hinson had stated that he would take a wagon in payment or partial payment of the balance due. They stated that they believed the notes to still be in the hands of Wright Hinson, the son of Aaron Hinson. Court ordered that the balance of the notes be condemned to the use of James W. Davis after deducting the usual allowance to the garnishees for their services ($7.90)

William Henderson, for the use of Warren T. Goodwin, vs William Davis - p. 106
Plaintiff moved that the court set aside the verdict and finding of the jury on the grounds that defendant's counsel was taken by surprise, defendant's family being sick and detaining him from court. Court set aside the jury verdict. Case continued until next term. (Note: Wonder if the clerk meant to write "Defendant moved" instead of "Plaintiff moved.")

William F. Hodges, for the use of Presley A. Berry, vs Alexander Hill - p. 107
Attorney for the defendant moved that the court set aside the verdict of the jury on the grounds that the verdict was contrary to evidence, contrary to law, and contrary to the charge of the court. Court annulled the findings of the jury. Case continued until next term.

Paruele and Randall vs Nimrod S. Underwood - p. 107
Attorney for the defendant moved that the verdict of the jury be set aside. Court set aside the verdict. Case continued until next term.

Susan Glass?, in behalf of the State of Alabama, vs Newton Morris - p. 107
Charged with bastardy. The prosecution in this case failed to appear and prosecute on behalf of the state. Court dismissed the suit at the cost of the prosecution.

August Term 1841
Honorable J. E. Sumner, Presiding
John W. Suttle, Esquire, Sheriff
Summoned for jury duty: William T. Honeycutt, Harmon Johnson, James Weldon, Wiley B. Wates, Samuel Clabaugh, Elijah Barnes, Matthew Cox, Wilkin Deshazo, Jordan Barnes, Madison Rasberry, Jesse Fike, Carr Parmer?, George Espy, Peter Cash, William Edmunds, John Foshee, William Taller, John C. Campbell, Jonathan Moore, John A. Woods, William Hanston. William Edwards and William Houston were excused. James Weldon was ordered to appear at the next term of court and explain why he failed to appear.

Ansel Sawyer vs Noah B. Coker - p. 108
Case continued until next term.

Martha Rea, for the use of Elijah C. Wallace, vs William Garner and Joseph Green - p. 108
Defendant made default. Plaintiff to recover $137.96 (promissory note) and costs incurred.

William H. Wilson vs Elijah T. Goodwin - p. 109
Defendant made default. Plaintiff to recover $126 (promissory note) and costs incurred.

Elias Bishop vs Elijah P. Crow - p. 109
Defendant made default. Plaintiff to recover $152.40 (promissory note) and costs incurred.

William Taller vs Elijah P. Crow and Joseph A. Blakey - p. 109
Defendant made default. Plaintiff to recover $509.76 (promissory note) and costs incurred.

William F. Hodges, for the use of Presley A. Berry, vs Alexander Hill - p. 110
Jury: Matthew Cox, Wilkin Deshazo, Jordan Barnes, Madison Rasberry, John Fike, John C. Campbell, Jonathan Moore, John A. Woods, Samuel Clabaugh, Obediah Langston, John Little, John Jackson. Defendant to recover of the plaintiff, Presley A. Berry, his costs incurred.

William Henderson, for the use of Warren T. Goodwin, vs William Davis - p. 110
Jury: William T. Honeycutt, Harmon Johnson, Wiley B. Watts, Elijah Barnes, Jesse Fike, Carr Palmer, George Espy, Peter Cash, William Taller, James Hamilton, John C. D. Trott, Crocket G. Davis. Defendant to recover from plaintiff, Warren T. Goodwin, his costs incurred.

Powell and Randall vs Nimrod S. Underwood, William Fryer, and Ransom Davis - p. 111
Plaintiff took a "nonsuit."

Powel and Randall vs Nimrod S. Underwood, William Fryer, and Ransom Davis - p. 111
On the motion of plaintiff and attorney the "nonsuit" was set aside. Case continued until next term.

Absalom C. Harrison vs Charles G. McMurray - p. 111
Plaintiff by his attorney moved for a judgment to be entered in this case. A judgment was taken by default at the last term of court but through a mistake was not entered on the minutes of the court. Court ordered that judgment be entered and plaintiff to recover from defendant and James Hill, the security, $27.81¼ and costs incurred.

Robert S. Dwiggins vs Ransom Davis - p. 111-112
James Hill, the Justice of the Peace, had failed to return the original papers. Cumberland A. Clabaugh, Justice of the Peace and successor of James Hill, commanded to return original papers and proceedings to the next term of court.

Samuel H. Cox vs John Giles - p. 112
Jury: Mathew Cox and 11 others. Plaintiff to recover $112.55 and costs incurred.

John Gore, for the use of Joseph Williams, vs John Giles - p. 112
Defendant made default. Plaintiff to recover $84 (promissory note) and costs incurred.

John W. Foshee and David E. Davis vs John Giles - p. 112-113
Defendant made default. Plaintiff to recover $147.43 (promissory note) and costs incurred.

John W. Suttle vs John Giles - p. 113
Defendant made default. Plaintiff to recover $125.19 (promissory note) and costs incurred.

George W. Lewis, Administrator of John Lewis, vs Jacob Purtle and Michael Purtle - p. 113
Defendant moved that proceedings be "quashed . . . want of jurisdiction." Defendant to recover his costs from plaintiff.

George W. Lewis, Administrator of John Lewis, vs Jacob Purtle and Michael Purtle - p. 114
Defendant moved that proceedings be "quashed . . . want of jurisdiction." Defendant to recover his costs from plaintiff.

George W. Lewis, Administrator of John Lewis, vs Jacob Purtle and Michael Purtle - p. 114
Defendant moved that proceedings be "quashed . . . want of jurisdiction." Defendant to recover his costs from plaintiff.

George W. Lewis, administrator of John Lewis, vs Jacob Purtle and Michael Purtle - p. 114-115
Defendant moved that proceedings be "quashed . . . want of jurisdiction." Defendant to recover his costs from plaintiff.

License issued to James Ruddell with David E. Davis as his security to sell liquors in the small measure. - p. 115

Thomas Williamson vs Nancy P. McSpadden - p. 115
Suit dismissed as per verbal agreement of the parties.

Irby Woolley vs John Compton - p. 116
Court ruled that there was not sufficient cause for the suit. Defendant to recover his costs from plaintiff.

Irby Woolley vs Jonathan S. Jones - p. 116
Court ruled that there was not sufficient cause for the suit. Defendant to recover his costs from plaintiff.

Irby Woolley vs Isaac Lawhon - p. 116
Court ruled that there was not sufficient cause for the suit. Defendant to recover his costs from plaintiff.

Irby Woolley vs Alexander Cobb - p. 116-117
Court ruled that there was not sufficient cause for the suit. Defendant to recover his costs from plaintiff.