Transcribed by Milly Wright
Submitted for use on these
pages Aug 2007.

Page 68

#1233
Egbart G Sheppard vs Micajah Lyon & Thomas Cunningham) Debt

The State of Alabama
To the Sheriff of Lauderdale County Greeting
You are hereby commanded to take the bodies of Micajah Lyon & Thomas
Cunningham wherever they may be found in your County and them safely
keep, so that you have their bodies before the Judge of our next Circuit
Court to be held for the County of Lauderdale at the Court house in the
town of Florence on the 1st Monday after the fourth Monday in March
instant. To answer Egbert Shepperd of a plea that they render to him the
sum of fifty two dollars & fifty cents which to him they owe & from him
unjustly detain to his damage thirty dollars. Herein fail not and have
you this Writ at the Clerk’s office of said County three days previous
to the 1st Monday after the fourth Monday in March inst. Witness Presley
Ward Clerk of our said Court at office this 15th day of March 1825 and
of American Independence the forty ninth year. Issued 15th day of March
1825. Test P Ward, Clerk

Cause of action to wit.
This action is founded on a note of hand executed by the defendants to
the plaintiff on the 16th day of March 1824 for the payment on or before
the 25th day of December thereafter of fifty two dollars & fifty cents
for value rec’d. No bail required. Coalter & Irvine attos. Pro. Qr

Upon said Writ is the following return to wit. Came to hand 15th March
1825. Executed on Thomas Cunningham and delivered him a copy of the
within 24th March 1825. Executed on Micajah Lyon & delivered him a copy
of the within 25th March 1825. J. N. Baker Shff By his Deputy A W H Clifton.

At the April term of said Court and being the fifteenth day of April
1825. On motion it is ordered that the time for pleading be extended and
that sixty days from the rise of this court be allowed plaintiffs to
file declarations in all cases returnable to the present term and thirty
days thereafter to defendants to plead etc.

And the plaintiff by attorney filed his Declaration on the 15th August
1825 in the following words & figures to wit.
State of Alabama Lauderdale County) Circuit Court. March term 1825.
Egbert H Sheppard by his attorney complains of Micajah Lyon and Thomas
Cunningham in custody etc. For this to wit. That the said defendants on
the 16th day of March 1824 at to wit in the county of Lauderdale
aforesaid made their certain note in writing of that date. Signed with
their names to wit by the names and description of Micajah Lyon & Tho.
Cunningham with a scrawl inclosing the letters LS. annexed to them
respectively which is now shewn to the court here whereby they or either
of them promised to pay said plaintiff or holder fifty two dollars &
fifty cents on or before the twenty fifty day of December next after the
date aforesaid for value recd. Yet said defendants although often
requested have not yet paid to the plaintiff said sum of $52.50/100
dollars or any part thereof but the same to pay have hitherto altogether
refused & still do refuse to the damage of the plaintiff $30. Therefore
he sues etc. Coalter & Irvine atto P. Q.

The defendant by attorney filed his Demurer on the 29th day of August
1825. to wit Micajah Lyon & Thomas Cunningham ats. Egbert H. Shepperd )
In debt. And the said Lyon & Cunningham defendants by Wm B Martin their
attorney come & defend the wrong & injury when where etc. & crave oyer
of the note by the said plaintiff declared on. It is read to them in the
words & figures following to wit. On or before the twenty fifth of
December next we or either of us promise to pay Egbert H. Shepperd or
holder fifty two 50/100 dollars for value received this 16th day of
March 1824. Micajah Lyon (LS) Tho. Cunningham (LS) which being read &
heard said defendants say that the said declaration & the matters
therein contained in manner & form as the same are therein stated & set
forth are not sufficient in Law for the said plaintiff to have or
maintain his aforesaid action thereat against them the said defendants &
that the said defendants are not bound by the law of the Land to answer
the same & this they are ready to verify wherefor for want of a
sufficient declaration in this behalf said defendants pray Judgment &
that the said plaintiff may be barred from having & maintaining his
aforesaid action against them.
Wm B Martin, atto for defendants

And said cause was continued till this term to wit. The April term and
being the 13th day of April 1826 Came the parties by their attornies and
the defendants Demurer to the plaintiffs declaration being argued. It is
considered by the Court that the same be overruled and that the said
plaintiff recover against said defendants fifty two dollars & fifty
cents the debt in the declaration mentioned together with the further
sum of five dollars thirty five cents damages sustained by its detention
and his costs in this behalf expended.

Page 72

#1200
Elias E Byrn vs George W Campbell ) Debt

The State of Alabama
Lauderdale County
“This day came Elias E Byrn before me Presley Ward Clerk of the Circuit
Court for said county and makes oath that George W Campbell stands
justly indebted to him the sum of one hundred and twenty five dollars
due by the defendants promissory note to the plaintiff dated the 22nd
day of December 1824 and made payable one day after date. Bail is not
required for the purpose of vexing or harrassing said defendant. Elias E
Byrn Subscribed & Sworn to before me this 4th day of February 1825. P.
Ward Clk

Capias to wit.
The State of Alabama
To the Sheriff of Lauderdale County Greeting.
You are hereby commanded to take the boyd of George W. Campbell wherever
he may be found in your county and him safely keep so that you have his
body before the Judge of our next Circuit Court to be held for the
County of Lauderdale at the Court house in the town of Florence on the
first Monday after the fourth Monday in March next to answer Elias E
Byrn of a plea that he render unto him the sum of one hundred & twenty
five dollars which to him he owes & from him unjustly detains to his
damage fifty dollars. Herein fail not and have you this Writ at the
Clerk’s office of said county three days previous to the first Monday
after the 4th fourth Monday in March next. Witness Presley Ward Clerk of
our said Court at office this 4th day of February 1825 and of American
Independence the forty ninth year. Issued 4th day of February 1825. Test
P Ward Clerk.

Cause of action on said Writ as follows.
This is an action of Debt founded on a promissory note made by the
defendant payable to the plaintiff one day after date & dated the 22nd
day of December 1824 for one hundred & twenty five dollars, the whole of
which is due & unpaid. Bail is required as per affidavit filed in office
for one hundred & twenty five dollars Debt. P Ward Clk. Wm B & P Martin
attos for Plff.

Return thereon to wit.
Came to hand 4th day February 1825. Executed 6th February 1825 on the
defendant by delivering him a copy of the within Write. J N Baker,
Sheriff by his Deputy D W McKee

And with said Writ the Sheriff made return of the following Bail bond to
wit.
The State of Alabama Lauderdale County
Know all men by these presents that we George W Campbell, William W. Garrard
are held and firmly bound unto J N Baker, Sheriff of Lauderdale County
or his assignment in the just and full sum of two hundred and fifty
dollars lawful money of the state, to which payment well and truly to be
made, we bind ourselves and each of our heirs firmly by these presents,
sealed with our seals and dated the 6th day of February 1825. The
condition of the above obligation is such that the said William Garrard
hath undertook in behalf of the said Geo. W. Campbell to be his special
bail in an action now instituted in the Circuit Court of said County of
Lauderdale wherein Elias E Byrn, plaintiff and George W Campbell,
defendant and in case said Campbell should be cast in the action he
shall pay and satisfy the condemnation of the court or surrender his
body in custody of the sheriff of said county or that the said W W
Garrard will do it for him. Given under our hands and seals this day and
date above written. G W Campbell (Seal) W W Garrard (Seal)

Upon which is the following assignment to wit. I J.N. Baker Sheriff of
the County of Lauderdale, do hereby assign the within obligation and
condition to Elias E Byrn his Executors and Administrators to be sued
for according to the statute in such cases made and provided. In witness
whereof I have hereunto set my hand and seal this 30th March 1825. J N
Baker Shff By his Deputy D W McKee.

And at the April term of said Court and being the fifteenth day of April
1825. On motion it is ordered that the time for pleading be extended and
that sixty days from the rise of this court be allowed plaintiffs to
file declarations in all cases returnable to the present term and thirty
days thereafter to defendants to plead etc.

The plaintiff by attorney on the 24th day of August 1825 filed his
Declaration in the following words & figures to wit. The State of
Alabama Lauderdale County) Circuit Court, April term 1825. Elias E Byrn
by his attorney complaints of George W Campbell (defendant) in custody
of the sheriff etc. of a plea that he render unto him the sum of one
hundred & twenty five dollars which to him he owes & from him unjustly
detains etc.

For that whereas heretofore to wit. on the 22nd day of December A D 1824
at to wit in the county aforesaid said defendant made his certain note
in writing commonly called a promissory note subscribed with his own
hand by the description of G W Campbell & which is now to the court
shewn wherein & whereby said defendant promised one day after the date
thereof to pay to the said plaintiff the aforesaid sum of one hundred &
twenty five dollars for value received.

Yet said defendant, although often requested so to do hath not as yet
paid to said plaintiff the aforesaid sum of money in said note specified
according to the tenor & effect thereof or any part thereof to the said
plaintiff but to pay the same or any part thereof hath hitherto wholly
failed & refused & still doth refuse to the damage of said plaintiff
fifty dollars & therefore he sues etc. Wm B & P. Martin attos for plf..

Page 76
Plea to wit.
Elias E Byrn vs George W Campbell
And now said defendant by his attorney comes & defends the wrong &
injury when etc. and says that the said plaintiff his action aforesaid
to have & maintain ought not because he says that he doth not owe the
said sum of money in the plaintiffs declaration mentioned & above
demanded or any part thereof in manner & form as the said plaintiff have
above complained against him and of this he puts himself upon the
country etc. Coalter & Irvine attos.

And the sheriff of Lauderdale County aforesaid returned another Bail
bond to wit. The State of Alabama Lauderdale County. Know all men by
these presents that we G W Campbell & Hugh Campbell are held and firmly
bound unto M. Harkins Sheriff of Lauderdale County or his assignment in
the just and full sum of two hundred & fifty dollars lawful money of the
state to which payment well and truly to be made we bind ourselves and
each of our heirs firmly by these presents. Sealed with our seals and
dated the 8th day of April 1826. The condition of the above obligation
is such that the said Hugh Campbell hath undertook in behalf of the said
G W Campbell to be his special bail in an action now instituted in the
Circuit Court of said County of Lauderdale wherein Elias Byrne is
plaintiff and G W Campbell defendant and in case said G W Campbell
should be cast in the action he shall pay and satisfy the condemnation
of the court or surrender his body in custody of the Sheriff of said
county or that the said Hugh Campbell will do it for him. Given under
our hands and seals this day and date above written. G W Campbell (Seal)
Hugh Campbell (Seal).

Upon which is the following assignment to wit. I, Martin Harkins shff of
Lauderdale County do hereby assign the within obligation & condition to
Elias E Byrne his Executors and administrators to be sued for according
to statute in such cases made & provided. In witness whereof I have
hereunto set my hand & seal this 8th day of April 1826. M Harkins Shff
of Lauderdale County.

And said cause was continued until this term to wit the April term and
being the thirteenth day of April 1826. Came the parties by attornies
and the defendant withdrawing his plea was herein undefended. It is
therefore considered by the Court that the said Plaintiff recover
against said defendant the sum of one hundred and twenty five dollars
the debt in the declaration mentioned together with the further sum of
twelve dollars ninety cents for damages sustained by its detention and
his costs in this behalf expended.

Page 78

#686
William Talbert vs Samuel Scott, Surviving Partner of Lowry & Scott ) Case

State of Alabama
To the Sheriff of Lauderdale County Greeting.
You are hereby commanded to take the body of Samuel Scott, surviving
partner of the firm of Lowry and Scott wherever he may be found in your
county and him safely keep so that you have his body before the Judge of
our next Circuit Court to be holden for said County at the Court house
in the town of Florence on the 1st Monday after the 4th Monday in March
next. to answer William Talbert of plea of trespass on the case to his
damage three hundred dollars. Herein fail not and have you this writ at
the office of the Clerk of said Court three days previous to the said
first Monday after the fourth Monday in March next. Witness Presley Ward
Clerk of our said Court at office the 9th day of December 1822 and of
American Independence the forty seventy year. Test J Irvine Dbl for P.
Ward, Clk.

Issued 9th day of December 1822 upon which is the following cause of
action to wit. This is an action on the case in assumpsit founded on a
bill of Exchange drawn by Christopher N? Halstead in favour of William
Talbert upon Lowry & Scott and accepted by the said Lowry & Scott on the
12th day of November 1822. Bail required. Dawson, atto. Pro. Quer.

Return thereon to wit. Came to hand 9th Decr. 1822. Executed 21st Decr.
1822 Joseph N Baker Shff By his Deputy James Coalter.

At the April term of said court and being the 2nd day of April 1823. A
Rule of court to enlarge the time of pleading viz. till the 10th day of
July next to file declarations & thirty days thereafter to file pleas.

Page 79
Declaration to wit.
State of Alabama Fourth Circuit Lauderdale County Circuit Court of March
term 1823 Lauderdale County :

William Talbert complains of Samuel Scott surviving partner of the late
firm of Lowry & Scott being in custody etc. of a plea of trespass on the
case. For that whereas one Christopher N? Halstead on the 15th day of
September 1822 in a place beyond the territory & Jurisdiction of the
state aforesaid to wit at Lexington in the state of Kentucky, that is to
say at the county aforesaid made his certain bill of exchange in writing
bearing date the day & year aforesaid & then & there directed the said
bill of exchange to the said late firm of Lowry & Scott by which said
bill of exchange, he the said Christopher then & there requested the
said Lowry & Scott, twenty days after sight of the said bill, his first
& only bill of exchange to pay to the said William Talbert on order the
sum of one hundred and twenty five dollars in specie being in part of
purchase of Keel boat, which said bill of exchange he the said
Christopher then & there delivered to the said William and said bill so
as aforesaid made afterwards to wit. on the 12th day of November in the
year aforesaid at the county aforesaid was shewn to the said firm of
Lowry & Scott & the said Lowry & Scott upon sight thereof then & there
did accept the said bill of writing thereupon in their own proper hand
writing the following words & figures to wit. Accepted Nov. 12 1822
Lowry & Scott, which said bill so as aforesaid made & as aforesaid
accepted is here ready to be shewn to said Court and whereas also
afterwards to wit. on the __ day of __ in the year 1822 said Robert
Lowry partner in the said late firm of Lowry & died, by means of the
premises the aforesaid Samuel, surviving partner as aforesaid became
liable to pay unto the said William the aforesaid sum of 125 dollars in
the bill aforesaid mentioned according to the tenor of the said bill and
being so liable the said Samuel afterwards to wit. on the day & year
last aforesaid, at the county aforesaid in consideration of the premises
upon himself for & in behalf of said late firm of Lowry & Scott did
assume & to the said William did then & there faithfully promise to pay
to him the aforesaid sum of 125. dollars according to the tenor & effect
of said bill. Nevertheless? the said Samuel his promise made as
aforesaid not regarding but minding & craftily intending to deceive in
this behalf the said William, the aforesaid sum of money or any part
thereof to the said William within 20 days after sight of the said bill
or at any time since hath not paid (altho to do this by the said William
often after the date & day payment of the said Bill he the said Samuel
was requested). But the same to pay him hath hitherto wholly neglected &
refused & still doth neglect & refuse to the damage of said William of
three hundred dollars & therefore he brings his suit etc. Dawson atty
Pro. Quer.

Page 81
Plea in abatement to wit. Samuel Scott Surviving Partner etc. ats.
William Talbert )
March term 1823 action of assumpsit. And the said Samuel Scott by Wm B
Martin his attorney comes & defends the wrong & injury when etc.
Plaintiff prays judgment of the original writ & declaration in the above
case, because he says the bill of exchange on which this suit is brought
if accepted at all by him was accepted after the death of Lowry? his
former partner to wit on the __ day of September 1822 at Lexington
Kentucky to wit in the county aforesaid & the said Samuel if liable at
all is only liable in his own individual capacity & not as surviving
partner of the said firm of Lowry? & Scott & this the said Samuel is
ready to verify wherefore in as much as the said Samuel is sued &
declared against on the bill of exchange in the said plaintiffs
declaration mentioned as the surviving partner of Lowry & Scott & not in
his own individual capacity he the said Samuel prays Judgment of the
said Writ & declaration & that they may be abated & quashed. Wm B Martin
atty for Scott.

The State of Alabama Lauderdale County.
This day came Samuel Scott the defendant in the above suit before me
John Donohoo an acting justice of the peace in & for said county & made
oath & said that the plea hereto annexed is true in substance & fact
Saml Scott Sworn to & subscribed this day of 23rd August 1823. John
Donahoo Jr. (Seal)

And on said Declaration is the following plea to wit. 1st Plea non
assumpsit 2nd Failure of consideration Martin for Deft. Dawson atto.

And said cause was continued until this term to wit the April term and
being the fourth day of April 1826. This day came the parties by their
attornies and came also a Jury of good & lawful men to wit

Page 82

Thomas Williams
John Floyd
James N. McMahan
Cornelius Carmack
John H Cornish
Daniel Buie
Ephraim Sheffield
Eli M Kerr
Thomas Marlar?
James W Cocke
John Curtis
James Foster

who being duly elected tried and sworn well & truly to try & the truth
to speak upon the issues joined upon their oath do say we the jury find
the issues for the plaintiff and assess his damages by reason thereof to
one hundred and sixty dollars. It is therefore considered by the court
that said Plaintiff recover against the defendant said sum of one
hundred & sixty dollars the damages aforesaid by the Jury in form
aforesaid assessed, also his costs in this behalf expended etc..

Note in margin of Page 82:
“I do hereby sign seal and release all errors at Law upon the Judgment
which William Talbert recovered against me in the Lauderdale Circuit
Court at the April term thereof in the year of our Lord 1826 - for the
sum of one hundred & sixty dollars damages & costs. Witness my hand &
seal this 27th day of Sept. 1826. Saml Scott” (Seal)

Page 83

#1231
James McGowan vs William F Withers & Samuel H Byrn ) Debt

I do hereby acknowledge myself the plaintiffs security in the case James
McGowan against William F Withers and Samuel H Byrn now depending in the
Circuit Court of Lauderdale County and I do hereby obligate & oblige
myself to satisfy & pay all costs which may be awarded against said
Plaintiff by the Judgment of said Court for failing to prosecute the
same with effect. Given under my hand & Seal this 1st day of August
1825. Elias E Byrn (Seal).

Capias to wit. The State of Alabama
To the Sheriff of Lauderdale County Greeting. You are hereby commanded
to take the bodies of William F Withers and Samuel H Byrn wherever they
may be found in your county and them safely keep so that you have their
bodies before the Judge of our next Circuit Court to be held for the
county of Lauderdale at the court house in the town of Florence on the
1st Monday after the fourth Monday in March instant to answer James
McGowan of a plea that they render to him the sum of fifty dollars which
to him they owe and from him unjustly detain to his damage twenty
dollars. Herein fail not and have you this writ at the clerk’s office of
said county three days previous to the 1st Monday after the fourth
Monday in March next. Witness P Ward Clerk of our said court at office
this 21st day of March 1825 and of American Independence the forth ninth
year. Issued 21st day of March 1825. Test. P Ward Clerk.

Cause of action to wit.
This action is founded on a note executed by the defendants to the
plaintiff for fifty dollars due on or before the 25th December 1824 &
dated March 18th 1824 the whole of which appears to be due & unpaid.
William S Fulton, Atto.

Return to wit. Came to hand 22nd March 1825. Executed on Samuel H Byrn
and delivered him a copy of the within 23 March 1825. Executed on Wm F
Withers and delivered him a copy March 28 1825. J N Baker, Shff by his
Deputy M. C. Young

At the April term of said Court and being the fifteenth day of April
1825. On motion it is ordered, that the time for pleading be extended,
and that sixty days from the rise of this Court be allowed plaintiffs to
file Declarations in all cases returnable to the present term, and
thirty days thereafter to defendants to plead etc.

And on the 22nd August 1825 the Plaintiff by his attorney filed his
Declaration as follows to wit. The State of Alabama Lauderdale County
Circuit Court March term 1825. James McGowan by attorney complains of
William F Withers and Saml H Byrn in custody etc. of a plea that they
render to him the sum of fifty dollars which to him they owe and from
him unjustly detain. Fort hat the said William F Withers and Samuel H
Byrn on the 8th day of March 1825 Executed their joint note of that date
signed with their names & sealed with their seals & here to the Court
shewn in the county aforesaid whereby they promised on or before the
25th day of December next (thereafter) to pay to James McGowan on order
fifty dollars value received yet the said William F Withers & Samuel H
Byrn altho often requested have not paid to the said James McGowan the
said sum of fifty dollars, but the same to pay both of them have
hitherto failed & refused,nor has the sum aforesaid or any part thereof
ever been paid by either of them, and they still do refuse to pay the
same to the plaintiffs damage twenty dollars. And therefore suit is
brought. William S Fulton Atto for Plff.

Demurer to wit.
Wm F Withers & Saml H Byrn adj. James McGowan
And now said defendants by attorney come & defend the wrong & injury
when etc. & say that the said declaration & the maters therein contained
in manner & form as the same are therein stated & set forth are not
sufficient in Law for the said plaintiff to have or maintain his
aforesaid action thereof against them said defendants and that they the
said defendants are not bound by the Law of the Land to make any answer
thereto and this they are ready to verify wherefore for want of a
sufficient declaration in this behalf said defendants pray Judgment and
that the said plaintiff may be barred from having or maintaining his
aforesaid action against them etc.. Coalter & Irvine attornies.

And said cause was continued till this term to wit. the April term and
being the thirteenth day of April 1826. Came the parties by attorney and
the defendants withdrawing their plea say nothing in bar or preclusion
of the plaintiffs action against them. It is therefore considered by the
court that the plaintiff recover against said defendants the sum of
fifty dollars the debt in the declaration together with the further sum
of five dollars 12 1/2 cents the damages sustained by the Plaintiff by
reason of the detention of said debt, also his costs in this behalf
expended and on the fourteenth day of April 1826. In this case wherein
Judgment was at this term heretofore entered It is agreed between the
attornies for said plaintiff & said defendant that no execution issue
for twelve months from the rendering the Judgment aforesaid.

Page 87

#1228
John Simpson vs Ezekiel K Hudnall ) Debt

The State of Alabama
To the Sheriff of Lauderdale County Greeting

You are hereby commanded to take the body of Ezekiel K Hudnell wherever
he may be found in your county and him safely keep, so that you have his
body before the Judge of our next Circuit Court to be held for the
county of Lauderdale at the Court house in the town of Florence on the
first Monday after the fourth Monday in March instant to answer John
Simpson of a plea that he render unto him the sum of ninety eight
dollars ninety cents which to him he owes & from him unjustly detains to
his damages forty five dollars. Herein fail not and have you this Writ
at the Clerk’s office of said county three days previous to the first
Monday after the fourth Monday in March instant. Witness Presley Ward
Clerk of our said Court at office this ninth day of March 1825 and of
American Independence the forth ninth year. Issued 9th day of March
1825. Test P Ward Clerk.

Upon the same is the following cause of action to wit. This action of
Debt is brought upon a certain writing obligatory executed by the within
named defendant by which he the said defendant promises to pay one day
after date the within named plaintiff on his order 98 dollars 90 cents
for value received, the said writing bearing date 1st day of January
1824 the whole of which sum is yet due & unpaid. No bail required.
Harris & Dawson attornies Pro. Quer.

Return to wit. Came to hand 10th March 1825. Executed 19th March 1825 by
delivering the defendant a copy of the within Write. J N Baker Shff By
his Deputy D W McKee

At the April term of said Court and being the fifteenth day of April
1825. On motion it is ordered by the court that the time for pleading be
extended and that sixty days from the rise of this court be allowed
plaintiffs to file Declarations in all cases returnable to the present
term and thirty days thereafter to defendants to plead etc.

Declaration to wit.
State of Alabama Fourth Circuit Lauderdale Circuit Court of March Term
1825. Lauderdale County)

John Simpson by his attornies complains of Ezekiel K. Hudnell in custody
etc. of a plea that he render unto him the sum of ninety eight dollars
ninety cents which to him he owes & from him unjustly detains. For that
heretofore to wit on the 1st day of January 1824 at Florence to wit. in
the county aforesaid the said Ezekiel K made his certain writing
obligatory sealed with his seal bearing date the day & year aforesaid &
now here to the court shewn by which said Writing he the said Ezekiel K
then & there promised to pay the said John on his order the sum of 98
Dollars 90 cents for value received one day after date thereof as
aforesaid by means whereof & by force of the statute in such cases made
& provided the said Ezekiel K then & there became liable to pay the said
John the said sum of money in said Writing specified according to the
tenor & effect of the same. And altho the said sum of money so specified
hath been long since due 7 payable according to the tenor & effect of
the said writing yet the said John in fact saith that the said Ezekiel K
(altho often requested) did not nor would pay the said sum of 98 dollars
90 cents or any part thereof but hath hitherto wholly neglected &
refused so to do whereby an action hath accured to the said John & he
saith he hath damages forty five dollars wherefore he sues etc. Harris &
Dawson Att’ies Pro. Qu.

Plea to wit.
Ezekiel K Hudnall adj. John Simpson)
And now said defendant by his attorney comes & defends the wrong and
injury when & prays Actionem non etc. because he says that after the
said sum of money in said writing obligatory specified and before the
commencement of this suit to wit on the __ day of __ at to wit in the
county of Lauderdale aforesaid he well & truly paid said sum of money
above demanded with all interest which had thereon accrued and this he
is ready to verify wherefore he prays Judgment Sci Actio etc. Coalter &
Irvine attos.

And said cause was continued till this term to wit the April term of
said Court and being the thirteenth day of April 1826 came the parties
by attorney and the defendant withdraws his plea & says nothing in bar
or preclusion of the plaintiff’s action against him. It is therefore
considered by the Court that the plaintiff recover against said
defendant the sum of ninety eight dollars & ninety cents the debt in the
plaintiff’s declaration mentioned together with the further sum of
eighteen dollars damages sustained by said plaintiff by reason of the
detention of his sd Debt. Also his costs in this behalf expended.
............................................................................................................................................................


Page 91

#1264
John Hodge, assignee vs Hezekiah Spann and Uriah Nanne(y) ) Covenant

The State of Alabama
To the Sheriff of Lauderdale County Greeting.
You are hereby commanded to take the bodies of Hezekiah Spann and Uriah
Nanne wherever they may be found in your County and them safely keep so
that you have their bodies before the Judge of our next Circuit Court to
be held for the county of Lauderdale, at the court house in the town of
Florence on the first Monday after the fourth Monday in March next to
answer John Hodge, assignee of Shadrach Morris of a plea of covenant
broken to his damages one hundred & fifty dollars.” Herein fail not and
have you this Writ at the Clerk’s office of said County three days
previous to the first Monday after the fourth Monday in March next.
Witness Presley Ward Clerk of our said Court at office this 27th day of
January 1824 (should be 1825) and of American Independence the forty
ninth year. Issued 27th day of January 1825. Test P. Ward Clerk.

At the bottom of said writ is the following bond to wit, I acknowledge
myself the above named plaintiffs security for the costs of this suit in
case he fail in the prosecution thereof. Witness my hand & seal this
27th January 1825. M A McKenzie (Seal)

Upon the same is the following cause of action to wit. This action of
covenant is brought to recover of the defendant damages for failing to
pay to the plaintiff assignee Seventy five dollars and is founded on a
writing obligatory dated the 6th day of December 1823 executed by
Hezekiah Spann & Uriah Nanne(y) wherein they promise on or before first
of August next (meaning) next after the date of the said writing
obligatory to pay or cause to be paid unto Shadrach Morris Seventy five
dollars in Tennessee bank notes for value rec’d of him. Witness our
hands & Seals and the said writing obligatory is assigned by the
original payee Shadrach Morris to John Hodge the present plaintiff for
value received the said sum is due & unpaid. No bail required. McKenzie
Pro. Plff

Page 92
Return thereon to wit.
We acknowledge the service of the within writ 29th January 1825.
Hezekiah Spann. U. H. Nanny.

Order of Court
At the April term of said Court and being the fifteenth day of April
1825 on motion it is ordered by the Court that the time for pleading be
extended and that sixty days from the rise of this court be allowed
plaintiffs to file declarations in all cases returnable to the present
term and thirty days thereafter to defendants to plead etc.

Declaration
And on the 9th day of May 1825 the Plaintiff by attorney filed his
declaration in the following words & figures to wit.
The State of Alabama Lauderdale County)
Circuit Court April 1825
John Hodge assignee of Shadrack Morriss by attorney complains of
Hezekiah Spann & Uriah Nanne in custody etc. of a plea of covenant broken.
For that the said defendants on the 6th day of December (to wit) in the
County aforesaid by their certain writing obligatory sealed with seals
and now here shewn to the Court the date whereof is the day & year last
aforesaid thereby covenanted & promised on or before the first day of
August next (meaning next after the date of the said writing obligatory)
to pay or cause to be paid unto Shadrack Morris Seventy five dollars in
Tennessee bank notes for value received. And the sd plaintiff further
saith that the said writing obligatory and the money therein specified
remaining unpaid & unsatisfied to the said Shadrack Morris he the said
Shadrack Morris afterwards (to wit) in the County aforesaid on the 9th
day of December 1824 by an endorsement on the said Writing Obligatory
duly made and attested in the presence of Wm. J. Jenkins assigned the
said writing obligatory to the said plaintiff according to the form of
the statute in such case made and provided of which said several
premises on the day and year last aforesaid as above stated the
defendants in the county aforesaid then & there had due notice and the
said writing obligatory together with the endorsement thereon as above
specified the date whereof is the day & year last aforesaid is now here
shewn to the court. By means whereof and by force of the statute in such
case made & provided an action hath accrued to the said plaintiff as
assignee of Shadrach Morris as aforesaid to demand & have of & from the
said defendant the sum of Seventy five dollars in Tennessee bank notes
as above demanded. Yet the said defendants (altho often requested so to
do) hath not kept their said covenant by them made as aforesaid but hath
broke the same by not paying the said sum of Seventy five dollars in
Tennessee bank notes to the said Shadrach Morris before the said
assignment or the sd plaintiff assignee as aforesaid or either of them
since the said assignment but hath hitherto wholly refused and still
doth neglect & refuse to pay the same to the said plaintiff assignee as
aforesaid one hundred & fifty dollars & therefore he brings his suit.
McKenzie Atto Pro. Plff. ...

Plea to wit
Circuit Court April term 1825.
Hezekiah Spann & Uriah Nanne ats. in covenant. John Hodge assignee etc.
And now said defendants Spann & Nanne by William B Martin their attorney
come into Court & defend the wrong & injury when etc. & pray Judgment of
the original Writ in this case & the declaration thereon & that they may
be abated & quashed. Because said defendants say there is a material
variance between the said original Writ in this cause & the cause of
action set forth in said declaration in this that said Writ is dated &
issued on the 27th day of January 1824 & said cause of action agreeable
to the shewing of said plaintiff did not accrue to him until the 9th day
of December 1824 all of which said defendants are ready to verify &
which will fully appear by an inspection of said Writ & declaration.

Wherefore said defendant prays Judgment of said Writ & declaration &
that said Writ & declaration may be abated & quashed etc. Wm B & P.
Martin attos. for Defts.

And for further plea in abatement of said Writ said defendants say the
same Writ issued on the 27th of January in the year of our Lord 1824 &
was never served until the 29th day of January in the year of our Lord
1825 & this said defendants are ready to verify & which will fully
appear to the Court by an inspection of said Writ wherefore said
defendants pray Judgment of said Writ & that the same be abated &
quashed etc. Wm B. & P Martin attos. for Defts.

And said cause was continued till this term to wit the April term and
being the fourteenth day of April 1826 - came the attorney for the
plaintiff & suggests the death of the sd plaintiff & it is ordered by
the Court that this suit be revived in the name of Allen Brown
Administrator with the will annexed of said deceased & came also the
defendants by attorney & withdraw their plea by them heretofore pleaded
& say nothing in bar or preclusion of the plaintiffs action against them
and the Court being unadvised of the damages of the plaintiff in this
case, came a Jury of good & lawfull men to wit

Page 96

Reuben White
Larkin Hendrix
Josiah Thornton
William Hickman
Edward Conway
Uriah Nanne (?? Nanne was on the jury for his own case? (msw))
Lewis Edwards
Charles L Crow
Benjamin Hagood
Zebulon Jenkins
Moses Wright
William Winburn

who being duly elected tried and sworn well and truly to enquire of
damages in this behalf upon their oaths do say we the Jury assess the
damages to Seventy two dollars forty five cents. It is therefore
considered by the Court that plaintiff recover against sd defendant the
damages aforesaid assessed by the Jury together with the costs in this
behalf expended.

Page 96

#1261
Daniel Brein, assignee vs George Zachariah ) Debt

The State of Alabama
To the Sheriff of Lauderdale County Greeting
You are hereby commanded to take the body of George Zachariah wherever
he may be found in your county and him safely keep, so that you have his
body before the Judge at our next Circuit Court to be held for the
county of Lauderdale at the court house in the town of Florence on the
first Monday after the fourth Monday in March instant. To answer Daniel
Brein assignee of a plea that he render unto him the sum of ninety six
dollars which to him he owes & from him unjustly detains to his damage
one hundred dollars.

Herein fail not and have you this Writ at the Clerk’s office of said
Court, three days previous to the 1st Monday after the fourth Monday in
March instant. Witness Presley Ward Clerk of our said court, at office
this 29th day of March 1825 and of American Independence the 49th year.
Issued 29th day of March 1825. Test P Ward Clerk

Upon which is the following cause of action to wit. This action of debt
is brought by the plaintiff on a writing obligatory executed by the
defendant payable to John Stump & John Cox merchants & trading under the
firm of Stump & Cox & executed to them by the description of Stump & Cox
on the 31st day of December 1819 for ninety six dollars payable six
months after date & indorsed by said Stump & Cox to the plaintiff the
whole of which is due & unpaid. No bail required. Wm B & P. Martin
attos. P. Q.

Return to wit. Came to hand 29th March 1825. Executed 30th March 1825 by
delivering the defendant a copy of the within writ. J N Baker Shff By
his Deputy D W McKee.

At the April term of said Court and being the fifteenth day of April
1825 on motion it is ordered that the time for pleading be extended and
that sixty days from the rise of this court be allowed plaintiffs to
file declarations in all cases returnable to the present term and thirty
days thereafter to defendants to plead etc.

Page 98
And the Plaintiff (by) his attorney filed his Declaration on the 24th
Day of August 1825 as follows to wit.
The State of Alabama Lauderdale County
Circuit Court April Term 1825.

Daniel Brein assignee etc. by his attorney complains of George Zachariah
in Custody etc. of a plea that he render unto him the sum of ninety six
dollars which to him he owes & from him unjustly detains etc. For that
whereas the said George the (defendant) heretofore to wit. on the 31st
day of December in the year of our Lord 1819 at (to wit) in the County
aforesaid made his certain writing obligatory of that date sealed with
his seal & now here to the Court shewn, wherein & whereby said defendant
promised six months after the date thereof to pay to John Stump & John
Cox merchants trading under the firm of Stump & Cox by the description
of Stump & Cox on order the aforesaid sum of ninety six dollars for
value rec’d & whereas afterwards, to wit. on the 10th of January in the
year of our Lord 1820 at (to wit) in the County aforesaid, the said sum
of money in said writing obligatory specified being then undue & wholly
unpaid the said Stump & Cox by the description of Stump & Cox indorsed
said writing obligatory to said plaintiff & thereby then & there ordered
& appointed the sum of money therein specified to be paid to the said
plaintiff for value rec’d & then & there delivered said writing
obligatory to said Plaintiff of which said Several premises the said
defendant afterwards (to wit) on the day & year last aforesaid at to
wit. in the County aforesaid had notice By means whereof & by force of
the statutes in such cases made & provided said defendant hath become
liable & bound to pay to said plaintiff said sum of money in said
Writing obligatory Specified according to the tenor & effect thereof.
Yet said defendant, although often requested so to do hath not as yet
paid to said plaintiff the said sum of money in said writing obligatory
specified or any part thereof to said plaintiff but to pay the same or
any part thereof to said plaintiff said defendant hat at all times
hitherto wholly failed & refused & still doth refuse to the damage of
said plaintiff one hundred dollars & therefore he sues etc. Wm B & P.
Martin attos for Plff.

Page 100

Plea to wit. George Zachariah adj. Daniel Brein)
And now said George by attorney comes & defends the wrong & injury when
etc. & says said plaintiff to have & maintain his action aforesaid
against him ought not because he says that on the __ day of __ at to wit
in the County of Lauderdale aforesaid he first received notice of the
assignment of said writing obligatory in the plaintiffs Declaration
mentioned (being long after the same became due) by the said Stump & Cox
to the said Plaintiff and that before the notice thereof and after the
said sum of money in said writing obligatory specified had become due to
wit on the day of at Nashville in the county aforesaid he said plaintiff
well & truly paid to the said Stump & Cox said sum of money above
demanded with all interest which had then accrued thereon and this he is
ready to verify wherefore he prays Judgment & that said plaintiff may be
barred from having & maintaining his aforesaid action thereof against
him. Coalter & Irvine atty.

Page 101
And said cause was continued till this term to wit the April term and
being the fourteenth day of April 1826 came the parties by their
attornies & defendant saying nothing in bar or preclusion of the
plaintiffs action It is therefore considered by the Court that the
plaintiff recover against said defendant the sum of ninety six dollars
the debt in the plaintiffs declaration mentioned together with the
further sum of forty four dollars & forty cents damages sustained by the
plaintiff by reason of the detention of his said debt. Also his costs in
this behalf expended.

Page 101

#1327
Peter Blow vs Campbell & Elms Debt

The State of Alabama
To the Sheriff of Lauderdale County Greeting

You are hereby commanded to take the bodies of William M Campbell &
Daniel Elms partners & Tailors jointly connected under the firm & style
of Campbell & Elms wherever they may be found in your county and them
safely keep so that you have their bodies before the Judge of our next
Circuit Court to be holden for said County at the Court house in the
Town of Florence on the 1st Monday after the 4th Monday in September
instant to answer Peter Blow of a plea that they render to him the sum
of three hundred dollars & sixty dollars which to him they owe & from
him unjustly detain to his damage one hundred dollars. Herein fail not
and have you this Writ at the office of the Clerk of said Court three
days previous to the 1st Monday after the 4th Monday in September
instant. Witness Presley Ward Clerk of our said Court at office the 27th
day of September 1825 and of American Independence the fiftieth year.
Issued 27th day of September 1825. Test P. Ward Clk.

Upon the said Writ is the following cause of action to wit.
This action is founded on a promissory note executed by the defendants
(by the description of Campbell & Elms) to the plaintiff on the 26th
February 1825 for the payment of three hundred & sixty dollars one day
after the date thereof. No bail required. Coalter & Irvine Attos Pro.
Qr. Return to wit came to hand Sept 27th 1825. Executed the same day and
copy left with him. M. Harkins, Shff.

And on the 31st day of October 1825 the plaintiff by attorney filed his
declaration as follows to wit. State of Alabama Lauderdale County.
Circuit Court for said county Fall term 1825. Peter Blow by attorney
complains of William M Campbell & Daniel Elms tailors and partners
jointly connected under the firm & style of Campbell & Elms in custody
etc. of a plea that they render to him the sum of three hundred & sixty
dollars which to him they owe & from him unjustly detain.

For this to wit. That heretofore to wit. on the 26th day of February
1825 at to wit in the county aforesaid the said defendants made their
promissory note of that date, signed by them the said defendants, by the
name & style of the said firm to wit by the description of Campbell &
Elms and then & there delivered the said promissory note to the said
Plaintiff whereby they promised to pay the said plaintiff one day after
the date aforesaid said sum of three hundred & sixty dollars for value
rec’d. Yet said defendants although often requested have not yet paid
said sum of money to the plaintiff or any part thereof but the same to
pay have hitherto wholly failed & refused & still do refuse to the
damage of said plaintiff $100. therefore he sues. Coalter & Irvine
attos. pro. Qr.

And at the April term of said Court and being the thirteenth day of
April 1826. Came the parties by their attornies and the defendants
saying nothing in bar or preclusion of the plaintiffs action against
them. It is therefore considered by the Court that the Plaintiffs
recover against the defendants the sum of three hundred & sixty dollars
the debt in the plaintiffs declaration together with the further sum of
thirty two dollars & forty cents damages sustained by the plaintiff by
reason of the detention of his said debt also his costs in this behalf
expended.

Page 104

#1282
Peter Blow, Assignee vs Thomas Ross ) Debt

The State of Alabama
Lauderdale County

To the Constable or other lawful officer to execute You are hereby
commanded to summon Thomas Ross if to be found in your county to appear
before me or some other justice of the peace at my office in Florence on
the 18th day of June next to answer a plea of debt to Peter Blow
assignee of Levi Todd for the sum of thirty one dollars due by note.
Herein fail not, and make due return of this warrant according to Law.
Given under my hand and seal this 8th day of June 1825. W G Brirn?
Brien? J P (Seal)

Cause of action to wit.
This action is founded on a note executed by the defendant to Levi Todd
on the 12th of October 1824 for 31 dollars due on the 1st day of January
which was legally assigned by said Todd to plaintiff the whole of which
is due and unpaid. W G Brien J P

Upon which is the following return to wit. Executed by me on 9th June
1825. Wm L Yarbrough Const(able) and upon said Warrant the following
Judgment to wit. Judgment for plaintiff debt $32.15 June 18th 1825. Wm G
Brien J P and hereupon issued the following Execution to wit.

State of Alabama Lauderdale County. To W L Yarbrough or other lawful
officer to execute and return. You are hereby commanded that of the
goods and chattels of Thomas Ross if to be found in your county you
cause to be made the sum of thirty two dollars 25 cents with interest
from the Judgment till paid which Peter Blow recovered against him
before me on the 18th of June for his debt together with 80 1/4 cents in
that behalf expended besides the costs of this process and your fee for
this service and have you the said monies to render unto the said Peter
Blow at my office on the 24th day of July 1825 next when and where you
shall make due return of this writ. Given under my hand and seal this
24th day of June 1825. W G Breim? J P

Upon which is the following debt $32.25. Warrant & Judgment 37 1/2
Service 50 Execution 12 1/2 Levy 50 Dock & Case? 30 1/4 Come to hand on
the 24th June 1825. Wm L Yarbrough Const(able) Supersedeas Wm. L
Yarbrough Const(able).

Taken up by Cnts? (Constable?) to court Wm L Yarbrough Const. Petition
for Centierare?? to wit The State of Alabama Lauderdale County) To the
Honl Richard Ellis Judge of the 4th Juducial Circuit of the state of
Alabama. The petition of Thomas Ross of said county respectfully
represents to your Honor. That on the 24th June 1825 Peter Blow,
assignee of Levi Todd recovered Judgment against your petitioner before
William G Brein (an acting Justice of said county) for thirty two
dollars & twenty five cents which Judgement was founded on a note given
by your petitioner for the payment of cash notes. The magistrate
unjustly gave Judgment for more than the amount of the note & interest
when he should have sealed the contract to its specie value Your
petitioner would have appealed to court within the time prescribed by
Law but was then unable to give Security. Your petitioner states said
Judgment & the execution since issued & Levied on his property to be
unjust & oppressive on consideration whereof he prays your Honor to
grant a writ of Certiori & Supersedias directed & commanding &
returnable etc. Thomas Ross D. Hubbard Atto for the Plff.

The State of Alabama Lauderdale County
This day personally appeared before the undersigned an acting Justice of
the Peace for said county the above named Thomas Ross & made oath that
the facts stated in the above petition so far as they come in his
knowledge are true & those from information he believes to be true sworn
to & subscribed before me this 18th July 1825. Wm G Bruce? J Peace
(Seal) The Clerk of the Circuit Court of Lauderdale County will let
Writs of Centiorari & Supersedeas issue according to the above petition
on the Petitioner entering into Bond in double the amount of the debt &
costs. Richard Ellis 18th July 1825.

Bond for Centiorari & Supersedeas to wit. Know all men by these presents
that we Thomas Ross and James Martin all of the County of Lauderdale and
State of Alabama are held and firmly bound unto Peter Blow assignee of
Levi Todd in the penal sum of sixty four dollars and fifty cents for the
due payment whereof we bind ourselves our heirs etc.. Sealed with our
seals and dated this 22nd day of July 1825. The condition of the above
obligation is such that whereas the above bound Thomas Ross has this day
prayed and obtained from the Judge of the 4th Judicial Circuit Court the
Writs of Certierari and Supersedes from a Judgment rendered by William G
Brein? esq. acting as Justice of the Peace for said County against the
above bound Thomas Ross for the sum of thirty two dollars and twenty
five cents, or thereabouts, and costs of suit in favor of the above
named Peter Blow assigned ? by said Writs said proceeding is brought up
to the next Circuit Court to be held for said county at the Court house
in the town of Florence on the 1st Monday after the 4th Monday in
September next. Now if the said Ross shall prosecute his said suit to
effect or a failure thereof pay and satisfy the condemnation of the
Court then this bond to be void, else remain in full force and virtue.
Thomas Ross (Seal) James Martin (Seal)

Page 108
And on the 21st day of January 1826 the said plaintiff by his attorney
filed his declaration as follows to wit. State of Alabama Lauderdale
County) Circuit Court September term 1825. Peter Blow by attorney
complains of Thomas Ross summoned? etc. of a plea of trespass on the
case on ? For this to wit that the said Thomas Ross on the 12th Octr
1824 to wit in the county aforesaid made his promissory note of that
date signed with his proper name there shown to the court whereby he
promised to pay Levi Todd thirty one dollars in good notes on or before
the first day of January next (after the date) and afterwards to wit on
the day of to wit in the county aforesaid the said Levi Todd assignee
over said promissory note the whole of which being then unpaid so said
plaintiff by his written endorsement on the same of which assignment the
defendant then & there had notice By means whereof an action hath
occured? to said plaintiff to demand & have of said defendant said sum
in said note specified according to its tenor & effect. Yet said
defendant altho often requested hath never paid said sum in good notes
or in cash or otherwise to said plaintiff but hath entirely failed to
pay the same to his damage $50. therefore he sues etc.. Coalter & Irvine
attos for Plff.

And said cause was continued till this term to wit the April term and
being the 13th day of April 1826 came the parties by their attornies &
the defendant withdrawing his plea says nothing in bar or preclusion of
the plaintiffs action & the court be unadvised of the amount of damages,
came Jury of good and lawful men to wit

Page 109

Reuben White
Larkin Hendrix
Josiah Thornton
William Hickman
Uriah Nanne
Charles L Crow
Lewis Edwards
Benjamin Haygood
Zebulon Jenkins
Moses Wright
William Winborn
Deskin D Munroe

who being duly elected tried & sworn well and truly to assess the
plaintiffs damages upon their oath do say that they assess the
plaintiffs damages to thirty four dollars & ten cents. It is therefore
considered by the Court that the Plaintiff recover against the defendant
& James Martin his Security for the Centiarari the damages assessed by
the Jury as aforesaid also his costs by him about his suit in this
behalf expended.

Page 110

#1307
James Lassiter vs William W Garrard ) Debt

The State of Alabama

To the Sheriff of Lauderdale County Greeting

You are hereby commanded to take the body of William W Garrard wherever
he may be found in your county and him safely keep, so that you have his
body before the Judge of our next Circuit Court to be held for the
county of Lauderdale at the Court house in the town of Florence on the
1st Monday after the fourth Monday in September next to answer James
Lassiter assignee of Peter Bertrand of a plea of trespass on the case to
his damage two hundred dollars. Herein fail not and have you this writ
at the Clerk’s office of said county three days previous to the 1st
Monday after the fourth Monday in September next. Witness Presley Ward
Clerk of our said Court at office this 20th day of August 1825 and of
American Independence the 50th year. Issued 20th day of August 1825.
Test P Ward Clerk

Upon which is the following cause of action to wit. This action is
founded on a due bill or promissory note executed by said defendant to
Peter Bertrand on the 19th of April 1825 by which he acknowledged
himself to be indebted to said Bertrand in the sum of sixty seven
dollars twenty five cents in Tennessee & Huntsville bank notes, which
due bill or promissory note said Bertrand assigned over to the
Plaintiff. No bail required. Coalter & Irvine Attos Pro. Qr.

Upon which is the following return to wit. Executed on the within
defendant and copy left August 22nd 1825. M Harkins Shff. On the 30th
day of December 1825 the plaintiff by attorney filed his declaration as
follows to wit. State of Alabama Lauderdale County) Circuit Court Fall
term 1825. James Lassiter assignee etc. by his attorney complains of
William W Garrard in custody etc. of a plea of trespass on the case. For
that the said defendant on the 19th day of April 1825 . To wit in the
County aforesaid by his note or due bill under his hand of that date he
acknowledged himself to be indebted to Peter Bertrand in the sum of
sixty seven dollars & seventy five cents in Tennessee or Huntsville bank
notes and being so indebted he then & there promised to pay the same
upon request and afterwards to wit on the __ day of __ at to wit in the
County aforesaid and before said sum or any part thereof was paid the
said Peter Bertrand by his certain assignment in writing and in his hand
conveyed all interest which he the said Peter had in & to said not or
due bill to the said plaintiff of which assignment the said defendant
then & there had notice by means whereof the said defendant became
liable to pay to the plaintiff said sum of sixty seven dollars & seventy
five cents in Tennessee or Huntsville bank notes according to the tenor
& effect of said note or due bill yet said defendant although requested
to pay said sum according to the tenor & effect of said note or due bill
to wit on )) day of __ at to wit in the County aforesaid did not nor
would he pay the same, but the same to pay hath entirely failed &
refused & still refuses to the damage of the plaintiff $200. therefore
he sues etc. Coalter & Irvine atto. Pro. deft.

Page 113
Demurer to wit.
And said defendant by attorney comes & defends the wrong etc. when etc.
& craves oyer of said supposed due bill & it is read to him in words &
figures following to wit. “$67.25 due Peter Bertrand sixty Seven dollars
& twenty five cents in Tennessee & Huntsville bank notes. this 19th of
April 1825.” W W Garrard

And said defendant craves oyer of the cause of action endorsed on the
original Writ in this case & it is read to him in words & figures etc.
(here unjust cause of action endorsed on Writ). This action is founded
on a due bill or promissory note executed by said defendant to Peter
Bertrand on the 19th of April 1825 by acknowledge himself to be indebted
to said Bertrand in the sum of sixty seven dollars twenty five cents in
Tennessee & Huntsville bank notes which due bill or promissory note said
Bertrand assigned over to the Plaintiff. No bail required. Coalter &
Irvine Attos Pro Qr. which being read & heard said defendants says that
said Writ & said declaration are not sufficient in Law to instill said
Plff to his aforesaid action against said defendant & that he is not
bound to answer wherefore for want of good & sufficient writ &
declaration he prays Judgment of the same that said Plff. be barred. D
Hubbard P. Q.

Joinder in Dem(urer) Coalter & Irvine atto Pro. Plff.
And at the April term of said court and being the 13th day of April 1826
came the parties by their attornies and after agreement being heard upon
the defendants demurer to the Plaintiffs declaration & deliberation
thereupon had it is considered by the court that said demurer be
overruled & that a writ of inquiry be awarded to inquire of the
Plaintiffs damages in this case whereupon came a Jury of good & lawfull
men to wit

Page 114

Reuben White
Larkin Hendrix
Josiah Thornton
William Hickman
Deskin D Munroe
Uriah Nanney
Charles L Crow
Lewis Edwards
James Gordon
Zebulon Jenkins
Moses Wright
William Winborn

who being duly elected tried & sworn well & truly to enquire of the said
damages upon their oath do say that they assess the said plaintiffs
damages to sixty six dollars & ninety four cents. It is therefore
considered by the Court that the plaintiff recover against said
defendant the damages assessed by the Jury as aforesaid also his costs
in this behalf expended.”

Page 115

#1108
William W Woods (use of David W McKee & Presley Ward) vs John Coffee,
James Jackson & John McKinley (Trustees) ) Case

The State of Alabama
To the Sheriff of Lauderdale County Greeting

You are hereby commanded to take the bodies of John Coffee, James
Jackson & John McKinley agents for the Trustees of the Cypress Land
Company wherever they may be found in your county and them safely keep,
so that you have their bodies before the Judge of our next Circuit Court
to be held for the county of Lauderdale at the Court house in the town
of Florence on the first Monday after the fourth Monday in September
instant to answer William W Woods (who sues for the use of David W McKee
& Presley Ward of a plea of Trespass on the case to his damage eight
thousand dollars.

Herein fail not and have you this writ at the Clerk’s office of said
Court three days previous to the first Monday after the fourth Monday in
September instant. Witness Presley Ward, Clerk of our said Court office
this 27th day of September 1824 and of American Independence the forty
ninth year. Issued 27th day of September 1824 Test P. Ward, Clerk.

Upon the same is the following cause of action to wit. This action of
assumpsit brought by the plaintiff to recover of the defendants, agents
of the Trustees of the Cypress Land Company the value of the Carpenters
work done upon the Court house in the town of Florence and finding
lumber for the same upon a contract between said defendants and said
Plaintiff. No bail required. Coalter & Irvine Attos for Plff. Return
thereon to wit came to hand Septr 28th 1824. Executed same day on Jno.
Coffee & James Jackson by delivering them each a copy of the within. J N
Baker Shff By his Deputy A W H Clifton.

At the September term of said Court and being the sixteenth day of
October 1824. Ordered by the Court that sixty days after the rise of
this Court be allowed Plaintiffs to file their declaration and thirty
days thereafter for defendants to file plea. And the Plaintiff by
attorney filed his Declaration as follows To wit

State of Alabama Lauderdale County )
Circuit Court Term 1824.
William W Woods who sues for the use of David W McKee & Presley Ward by
his attorney complains of John Coffee, James Jackson and John McKinley
agents for the Trustees of the Cypress Land Company of a plea of
trespass on the case.

Page 116
For that whereas heretofore to wit on the day of in the year of 182_ at
Florence in the County of Lauderdale and State of Alabama, the said John
Coffee, James Jackson & John McKinley agents for the Cypress Land
Company were indebted to the said William Woods (who sues for the use of
the said David W McKee & Presley Ward as aforesaid? (afs’d) in the sum
of eight thousand dollars lawful money of the United States of America
for the work and labour, care and diligence of the said William W Woods
by him the said William W Woods before that time done performed &
bestowed in and about the business of the said John Coffee, James
Jackson & John McKinley as agents as aforesaid and at their special
instance & request. And also for divers materials & other necessary
things by the said William W Woods found & provided & used & applied in
& about that work for the said James Jackson, John Coffee & John
McKinley as such agents as aforesaid? & at the like special instance &
request and being so indebted they the said James Jackson, John Coffee &
John McKinley agents as aforesaid in consideration thereof afterwards to
wit. on the day and year last aforesaid in the County aforesaid
undertook and then & there faithfully promised the said William W Woods
to pay him the said last mentioned sum of money when they the said James
Jackson, John Coffee & John McKinley agents as aforesaid should be
thereunto afterwards requested and whereas also afterwards to wit. on
the day and year last aforesaid in the county aforesaid in consideration
that the said William W Woods at the like special instance and request
of the said James Jackson John Coffee and John McKinley agents as
aforesaid had before that time done performed & bestowed other his work
and labour care and diligence in & about the other the business of & for
the said James Jackson John Coffee & John McKinley as such agents as
aforesaid also at the like special instance & request of the said James
Jackson John Coffee & John McKinley agents as aforesaid before that time
found and provided divers other materials & necessary things & used &
applied the same in & about the said last mentioned work and labour they
the said James Jackson John Coffee & John McKinley agents as aforesaid
undertook & then & there faithfully promised the said William W Woods to
pay him so much money as he therefore reasonably deserved to have of the
said James Jackson, John Coffee & John McKinley agents as aforesaid when
they the said James Jackson John Coffee & John McKinley agents as
aforesaid should be thereunto afterwards requested.

And the said William W Woods avers that he therefor reasonably deserved
to have of the said James Jackson John Coffee and John McKinley, agents
as aforesaid the further sum of eight thousand dollars of the like
lawful money to wit. in the county aforesaid, wherof the said James
Jackson John Coffee & John McKinley agents as aforesaid. Afterwards to
wit. on the day & year last aforesaid there had notice and whereas also
the said James Jackson John Coffee & John McKinley agents as aforesaid
afterward, to wit. on the day & year last aforesaid in the county
aforesaid were indebted to the said William Woods in the further sum of
eight thousand dollars for the carpenters work & labour care and
dilligence of him the said William W Woods by him the said William W
Woods before that time done performed & bestowed in & upon the court
house in the town of Florence & county aforesaid for the said James
Jackson John Coffee & John McKinley agents as aforesaid and at their
like special instance & request and also for divers materials and other
necessary things by the said William W Woods found & provided & used &
applied on & about that work and labour & for the said James Jackson
John Coffee & John McKinley agents as aforesaid and at their like
special instance & request and being so indebted they the said James
Jackson John Coffee & John McKinley agents as aforesaid in consideration
thereof afterwards to wit. on the day & year last aforesaid in the
county aforesaid undertook & then & there faithfully promised the said
William W Woods to pay him said last mentioned sum of money when they
the said James Jackson John Coffee & John McKinley agents as aforesaid
should be thereunto afterwards requested.

Page 121
And whereas also afterwards to wit. on the day and year last aforesaid
in the county aforesaid in consideration that the said William W Woods
at the like special instance and request of the said James Jackson John
Coffee & John McKinley agents as aforesaid had before that time done
performed and bestowed at his carpenters work and labour care &
dilligence in & upon the Court house in the town of Florence in the
County aforesaid for the said James Jackson John Coffee & John McKinley
agents as aforesaid and had also at the like special instance and
request of the said James Jackson John Coffee & John McKinley agents as
aforesaid before that time found & provided divers other materials &
necessary things and used & applied the same in and about the said last
mentioned work & labour they the said James Jackson John Coffee & John
McKinley agents as aforesaid undertook & then & there faithfully
promised the said William W. Woods to pay him so much money as he
therefor reasonably deserved to have of the said James Jackson John
Coffee & John McKinley agents as aforesaid when they the said James
Jackson John Coffee & John McKinley agents as aforesaid should be
thereunto afterwards requested and the said William W Woods avers that
he therefor reasonably deserved to have of the said James Jackson John
Coffee & John McKinley agents as aforesaid the further sum of Eight
thousand dollars like lawful money to wit in the county aforesaid
whereof the said James Jackson John Coffee & John McKinley agents as
aforesaid afterwards to wit. on the day & year last aforesaid in the
county aforesaid had notice yet the said James Jackson John Coffee &
John McKinley agents as aforesaid not regarding their said several
promises and undertakings in this behalf made as aforesaid but
contriving and fraudulently intending craftily & subtilty to deceive &
defraud the said William W Woods in this behalf have not nor hath any or
either of them as yet paid said William W Woods said several sums of
money above demanded although often requested so to do but to pay the
same or any part thereof to the said William W Woods have hitherto
altogether refused and still do refuse to the damage of the said William
W Woods of eight thousand dollars and therefore for the use of said
David W McKee & Presley Ward he brings his suit. Coalter & Irvine P. Q.
Harris & Dawson P. Q.

On the trial Docket of said Court is the following to wit. The Plff
signs Judgment against the defendants for failing to plead or demurer to
deal within the rule of court or according to Law. 26th September 1825.
P Ward.

And this cause was continued till this term and being the April term and
the Eleventh day of April 1826. Came the Plaintiff by his attorney &
says he is unwilling further to prosecute his suit in this behalf &
dismisses the same. It is therefore considered by the court that the
defendants recover against the sd plaintiff their costs in this behalf
expended & be hereof discharged.

Page 123

“#1385
Thomas W Edwards vs Chapple Sledge) Bill for Injunction

To the Honorable ___ one of the Circuit Judges for the state of Alabama
in Chancery. Your orator Thomas W Edwards humbly complaining sheweth
unto your Honour in the fall of the year 181_ your orator and Chappell
Sledge, a citizen of Montgomery County Alabama & whom he prays may be
made defendant to this bill entered into partnership in trade in 1817
which partnership continued untill the summer of the year following when
they sold out & dissolved their partnership & it was agreed in the first
instance that your orator should collect the debts due to the firm and
with the proceeds discharge the debts against said firm Shortly
afterwards your orator determined on moving to this state and by the
consent of your orator and said defendant the collection of all monies
due to the firm was delivered over to Sophus Staples and Henry Rhodes
that when your orator left the State of Georgia there was collected and
in the hands of Rhodes between two hundred & seventy, & three hundred
dollars Your orator confidently expected that the debts due to the firm
had been collected & by the proceeds those due from it settled &
discharged until about the 11th June 1820 said defendant came to the
house of your orator in Lauderdale County that? on a settlement at that
time between your orator and said defendant from the memory and verbal
statement of both parties there appeared to be a balance against your
orator of eight hundred and sixty eight dollars and sixty three cents
for which your orator executed to him a note for that amount that at the
time of the execution of said note it was agreed between your orator and
said defendant that they were to meet in the State of Georgia on the
Christmas following and then come to a final settlement and that if any
mistakes or errors were in the settlement that was then made it should
on said meeting be rectified & that he would hold the note of your
orator until that time or if he should trade or transfer it that he
would receive but one half on any monies that might be collected and in
the hands of their attornies in the state of Georgia.

Page 125
Your orator states to your honour that without the aid of books or
accounts by them left in the state of Georgia by which he expected to
have made a correct and final settlement that he has ascertained that
there was a mistake in the amount for which said note was executed for
about between one hundred & twenty five (& fifty) dollars that said
defendant in violation of their understanding placed said note in the
hands of an attorney and had suit instituted immediately. The said
defendant then parted? posted? off to the state of Georgia and as your
orator is informed and believes has drawn from their said attornies
every cent by them collected or in their hands without giving credit to
your orator for any part of it. Your orator states that he is at this
time unable to state the amount collected by Staples & Rhodes or how
much this defendant has received but there was left in the hand of said
Staples and Rhodes for collection somewhere about twenty five hundred
dollars. Your orator states as his firm belief that there are more than
sufficient of said claims left for collection in the hands of Staples &
Rhodes than would be sufficient to satisfy the balance if any from your
orator to said defendant & that that belief was expressed by said
defendant on the execution of said note one half of which belonged to
your orator the other half to this defendant.

Page 126
That from the length of time said monies have been in hands for
collection and the solvency of the amounts together with the conduct of
said defendant in this transaction contrary to his express stipulation
that any mistake in the aforesaid note should be set right and that he
would hold it until a final settlement or that he would draw but one
half of what might be collected of the firm debts. Your orator verily
believes that if he has received all the monies collected which he is
informed he has he has received as much more than his share as would on
a fair settlement be equal to what your orator would be due to him. That
said defendant has prosecuted suit on said note to Judgment and under
the foregoing circumstances has caused an Execution to issue and is
about to be levied on the property of your orator All which actings and
doings are contrary to equity and good conscience and tend very much to
prejudice injure Harrass & oppress your orator.

Page 127
In tender consideration whereof and in as much as he is without relief
but in your Honourable Court . To the end therefore that said defendant
may on his corporal oath there? & perfect answer make to all and
singular the allegations as stated above & more particularly whether or
not said defendant did not on the execution of said note agree that if
there was any mistake in said settlement that the same should be
rectified & made right, whether he did not agree or was it not their
understanding that he would hold said note until they should meet in the
state of Georgia on Christmas following that they might come to a final
settlement & that if he should part with said note if he went to the
State of Georgia that he would not draw more than one half what might be
collected and in the hands of their said attorney whether he did not at
the time of the execution of said note know that there was a mistake in
their calculations of about one hundred & twenty five dollars or from
there to fifty dollars or if he did not then has he not since
ascertained that fact? or does he not now know if whether or not he has
not since said settlement drawn monies from their attornies Staples &
Rhodes & how much.

Page 128
May it please your Honour to grant a Writ of Subpoe (subpoena?) directed
etc. and that all further proceedings at Law may be injoined until the
premises can be heard in Chancery and that your Honour will grant such
other and further relief as may be consistent with equity and the
justice of his case . G Coalter Atto.

State of Alabama Franklin County Solict
This day Thomas W Edwards personally appeared before the undersigned and
made oath that the facts stated in the foregoing bill as it relates to
himself are true and as it relates to others he believes them to be
true. Tho. W Edwards Subscribed and sworn to before me this 7th day of
Jan. 1822. Richard Ellis Judge of the 4th Judicial Circuit State of Alabama

The Clerk of the Circuit Court of Lauderdale County You are hereby
directed to let writs of Injunction issue according to the prayer of the
within bill on condition the deft release all errors at Law in your
office and enter into bond and Security as the Law directs. Given from
under my hand this 7th day of January 1822. Richard Ellis Judge of the
4th Judicial Circuit State of Alabama Filed 17th day of January 1822.

Bond to wit. Know all men by these presents that we Thomas W Edwards and
Gray H Edwards are held firmly bound unto Chappel Sledge in the sum of
Eighteen hundred & fifty two dollars & seventeen cents to the true
payment of which we bind ourselves our heirs etc. jointly severally
firmly by these presents. Sealed with our seals and dated this 17th day
of January 1822. Void on condition that the said Thomas W Edwards above
bound shall prosecute to effect his suit in Chancery against Chappel
Sledge for the purpose of setting aside Judgment at Law for Debt damages
& costs amounting to nine hundred & twenty six dollars 8/2 cents wherein
said Sledge was Plaintiff & said Thos. W Edwards defendant or in case he
fails therein to satisfy & pay the decree of said court. Tho. W Edwards
(Seal) Gray H Edwards (Seal)

Page 130
Injunction to wit. The State of Alabama To the Sheriff of Lauderdale
County & to Chappel Sledge his agents and attornies Greeting.

Whereas Thomas W Edwards hath this day filed a bill in Equity in my
office from the Honourable the Judge of this Circuit Court for said
County to stay all further proceedings on a Judgment that the said
Chappel Sledge at the April term 1821 of said court recovered against
the said Thomas for the sum of eight hundred & sixty eight dollars
eighty five cents damages with costs of suit. Therefore by the order of
said Judge & for the reasons set forth in said bill you are hereby
strictly enjoined and commanded to stop and stay all further proceedings
on said judgment or the Execution that has issued by virtue of said
Judgment until the matters & things contained in said bill in Equity
filed shall be heard and a decree awarded therein. Witness Presley Ward,
Clerk of our said Court at office this 17th day of January 1822 & forty
sixth year of American Independence. 17th day of January 1822 Test J
Irvine Dbbl? for P Ward Clk

Upon which is the following return to wit.

Page 132
Recd Jan 28th 1822 C B Rountree Shff Chappel Sledge his agent or
attornies is not found in my county. 28th March 1822 C B Rountree Shff
Subpoena in Chancery as follows to wit. The State of Alabama
To the Sheriff of Lauderdale County Greeting.
You are hereby commanded to summon Chappel Sledge if to be found in your
County to appear before the Judge of our next Circuit Court to be held
for Lauderdale County at the Court house in Florence on the first Monday
after the fourth Monday in October next then & there to answer Thomas W
Edwards on a bill in Equity filed against the said Chappel Sledge.
Witness Presley Ward, Clerk of our said Court at office this 17th day of
January 1822 and of American Independence the forth sixth year. The 17th
Janry 1822 Test J. Irvine Dbbl. for P Ward Clk

Upon the same is the following return to wit. Recd Jan. 28 1822. C B
Rountree Shff Not found in my county the 28th March 1822. C B Rountree Shff.

And at the April term of said Court and being the third of April 1822 on
motion of the complainant by his council and it appearing to the
satisfaction of the court that Chappel Sledge the defendant in this
cause is not an inhabitant of this state It is therefore ordered by the
court that publication be made of this order in some newspaper printed
in Huntsville of Florence for four weeks successively commanding said
defendant to appear at the next term of this court and answer said Bill
of complaint or that said Injunction will be made perpetual.

And on the first day of October 1822 the defendants answer was filed as
follows to wit. Thomas W Edwards vs Chappell Sledge) In Chancery. The
answer of Chappel Sledge to the bill of complaint of Thomas W Edwards.
The said defendant saving and reserving to himself now and at all times
hereafter all and all manner of benefit and advantage of exception to
the manifold uncertainties and imperfections in the complainants said
bill of complaint contained for answer thereto or unto so much thereof
as materially concerning this defendant to make answer unto he answereth
and saith. That he did agree to meet the said Complainant in Georgia on
the Christmas following but not as complainant states for the purpose of
rectifying any mistake that might be in the amount of the note then
given by said complainant to said defendant but for the purpose of
coming to a settlement concerning another claim which said defendant had
and still has against said complainant for about twelve hundred dollars
and this defendant further says that he did not agree to hold said not
until said meeting but on the contrary told said complainant that he
would institute a suit on said note before he left the state and the
deft further answering saith that there was nothing agreed upon between
them as to the moneys which might be collected by Staples and Rhodes and
that he has not drawn one dollar from said Staples and Rhodes but on the
contrary has had to advance money from his private funds to pay the
costs on cases instituted in favor of said firm by their attorney
Stophus Staples against persons who have proved insolvent the money
collected by said attorney for said firm being insufficient to discharge
the same and that all the monies collected by Rhodes was retained by him
in discharge of a debt due by said firm to said Rhodes for house rent
and this defendant says that he has had to advance money at another time
for the payment of a debt of about four hundred dollars contracted by
said complainant in the name of the firm without the knowledge or
consent of this defendant and this defendant says that upon a final
settlement he believes that said complainant would be indebted to said
defendant in and about the sum of sixteen hundred dollars exclusive of
the amount pending in this said bill of said complainant this defendant
further answering saith that he did not at the execution of the said
note know of any mistake in the same neither has he since discovered any
nor does he believe that there is any mistake in said note at all
neither did he agree to hold said note any particular length of time nor
did he agree if he should transfer it to draw only one half of the
monies which might be collected by their attorneys Staples and Rhodes
and this defendant again states that he has not drawn one dollar from
said attorneys all which matters and things this defendant is ready to
aver and prove as this honorable court shall direct and award and humbly
prays to be hence dismissed with his reasonable costs and charges in
this behalf most wrongfully sustained. Ebenezer Fitus? counsel for
defendant.

Page 135
The State of Alabama Autauga County
This day Chappell Sledge personally appeared before the undersigned and
made oath that the facts stated in the foregoing answer as relates to
himself are true and as it relates to others he believes them to be
true. Chappell Sledge. Subscribed and sworn before me this 13th July
1822 John Pettles (Pittles?) J P

At the October term of said court & being the 10th day of October 1822
on motion of complainant by his council it is ordered by the court that
this cause be set for hearing at the next term of this court with leave
for each party to take depositions. And at the September term of said
court and being the 4th day of October 1823 Came the parties by their
attornies and on motion of the defendant to dissolve the Injunction in
this cause and the same being argued and by the court fully understood
it is ordered & decreed that the injunction be dissolved and that the
defendant have execution upon his Judgment at Law and it is further
ordered and decreed that the defendant in this bill recover against the
complainant the sum of fifty four dollars fifty six & 3/4 cents in
damages being six per centum on the Judgment at Law. And said cause was
continued till this term to wit the April term and being the 11th day of
April 1826. Came the parties by their attornies, and the bill & answer
being seen & ?misprinted? by the court & the matters & things contained
therein, understood & deliberation had, It is ordered adjudged & decreed
by the court that said Bill be dismissed & that the defendant recover
against the Complainant the costs in this behalf about his defence expended.

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