LAUDERDALE COUNTY, ALABAMA
COURT RECORDS - CIRCUIT COURT

FINAL RECORD
CIVIL & STATE CIRCUIT COURT
1825 - 1826
page 3

Page 137

#864
George Cockburn vs Walden Fuller ) Case

The State of Alabama
Lauderdale County Greeting

You are hereby commanded to take the body of Waldon Fuller wherever he
may be found in your county and him safely keep so that you have his
body before me the Judge of our next Circuit Court to be holden for said
County at the court house in the town of Florence on the first Monday
after the fourth Monday in the present month of September to answer
George Cockburn of a plea of trespass on the case to his damage $2000.
dollars. Herein fail not, and have you this writ at the office of the
Clerk of said Court three days previous to the 5th Monday in September
instant. Witness Presley Ward, esq Clerk of our said Court at office
this 8th day of September 1823 and of American Independence the forty
eighty year. Test P. Ward, Clk Issued 8th day of September 1823.

Page 138
This action is brought by the plaintiff to recover from the defendant
one fourth part of a prize of $5000. drawn in the Masonic lottery drawn
in Lexington Kentucky. No bail required. McKinley & Hopkins.

Upon which is the following return to wit. Came to hand the 10th
September 1823 & Executed the same day Deft a copy. J N Baker Shff by
James Coalter DS. At said September term and being the third day of
October 1823. It is ordered by the court that sixty days be allowed to
file declarations and thirty days thereafter declarations and pleas from
the rising of the court on the 29th day of March 1824.

The plaintiff by his attorney filed his declaration as follows to wit.
State of Alabama 4th Circuit Lauderdale County.
George Cockburn complains of Walden Fuller in custody & of a plea of
Trespass on the case for that whereas on the __ day of __ 1822 at the
Circuit & County aforesaid in consideration that he the said George
Cockburn at the special instance & request of him the said Walden Fuller
had agreed to pay one fourth part of the purchase & costs of ten lottery
tickets in the Masonic Lottery then drawing in the town of Lexington &
State of Kentucky to wit. the sum of twelve & a half dollars when said
tickets should be drawn out of said Lottery. He the said Walden Fuller
promised & agreed to purchase ten tickets in said Lottery to be held by
him the said Walden Fuller on the joint amount & risque of him the said
Walden Fuller & him the said George Cockburn. And he the said Walden
Fuller then & there agreed & promised to allow & pay to the said George
Cockburn one fourth part of any prize or prizes that might be drawn in
said lottery on amount or by any of said tickets to be purchased as
aforesaid. And the said George Cockburn in fact says that the said
Walden Fuller in persuance of said promise & agreement on the day & year
& the Circuit Court & County aforesaid did purchase ten tickets in said
lottery at the sum & price of fifty dollars to be paid by said Walden
Fuller when said lottery tickets should be drawn as aforesaid & to be
held by him as aforesaid.

And he the said George Cockburn further says that afterwards to wit on
the day of ___ at Lexington aforesaid to wit in the Circuit aforesaid
said Lottery tickets were drawn out of said

Lottery & that one of said ten tickets purchased as aforesaid by the
said Walden Fuller drew the the said Walden Fuller the holder thereof
received on account of him the said Walden Fuller & the said George
Cockburn the prize & sum of five thousand dollars. And afterwards to wit
on the __ day of __ at the Circuit & County aforesaid the said George
Cockburn was ready & willing & then & there tendered & offered to pay to
the said Walden Fuller said sum of $12. & fifty cents one fourth part of
the price & costs of said ten lottery tickets to ? which he the said
Walden Fuller then & there wholly refused & the said George Cockburn in
fact further says that he hath always from the time of drawing of said
Tickets as aforesaid been ready & willing to pay to the said Walden
Fuller said sum of $12 & fifty cents & now brings the same here into
court ready to be paid to the said Walden Fuller if he will accept the
same. By mean whereof the said Walden Fuller became liable to pay to the
said George Cockburn one fourth part of said prize of $5000. drawn as
aforesaid amounting to the sum of $1250. & being so liable he the said
Walden Fuller in consideration thereof on the day & year last aforesaid
at the Circuit & County aforesaid assumed upon himself undertook &
faithfully promised to pay to the said George Cockburn said sum of
$1250. when he should be thereunto afterwards requested.

And afterwards to wit on the day & year last aforesaid at the Circuit &
County aforesaid the said Walden Fuller was indebted to the said George
Cockburn in another & further sum of $1250. for so much money by him the
said Walden Fuller before that time had & received to the use of him the
said George Cockburn & being so indebted he the said Walden Fuller in
consideration thereof then & there assumed upon himself undertook
faithfully promised to pay to the said George Cockburn said last
mentioned sum of $1250. when he should be hereunto afterwards requested.
Yet the said Walden Fuller although after requested so to do hath not
yet paid to the said George Cockburn said several sums of money above
demanded or any part thereof. But to pay to the said George Cockburn
said several sums of $1250. he the said Walden Fuller hath wholly failed
& refused & still doth fail & refuse to pay to said George Cockburn said
several sums of $1250. to his damages two thousand dollars & therefore
he brings his suit. McKinley & Hopkins PQ Non assumpsit Coalter & Martin
for Defts. & issue McKinley & Fulton.

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

Page 142

Samuel Brown
Thomas Williams
John Floyd
William King
John H Cornish
John Curtis
Cornelius Carmack
Henry B Mitchell
Joseph Price
Martin Looney
Daniel Wilcoxson
James A McMahon

who being duly elected tried & sworn well & truly to try the issues
joined upon their oath do say that they find the issues in favour of the
plaintiff and assess his damages to six hundred & ninety one dollars and
ninety three & three fourth cents. It is therefore considered by the
court that the plaintiff recover against the defendant said sum of six
hundred & ninety one dollars ninety three & three fourth cents the
damages assessed by the Jury as aforesaid also his costs in this behalf
expended & the defendant by his attorney enters a motion for a new trial
in this case and on the fifteenth day of April 1826 on motion of the
defendant by attorney for a new trial in this case & argument heard
thereon It is considered by the court that sd motion be overuled.

Page 143

#683
Jessee U Evans vs Samuel E McCabe ) Case
The State of Alabama, Lauderdale County Greeting

You are hereby commanded to take the body of Samuel E McCabe 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 Jessee W Evans of a plea of
trespass on the case to his damage one hundred & fifty 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
March next. Witness Presley Ward esq. Clerk of our said Court at office
the 14th day of December 1822 and of American Independence the forth 7th
year. Test. Presley Ward Clk. Issued day __ of 182_.

Cause of action to wit. This action is commenced by the plaintiff to
recover of the defendant damages for fraudulently & deceitfully passing
to him a horse for a sound horse which was unsound & of no value. George
Coalter atto P. Qr.

Return hereon to wit. Came to hand & Executed the same day. Decr. 14th
1822. Jos. N Baker Shff By his Deputy James Coalter.

At the March 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 tenth day of
July next to file declarations & thirty days thereafter to file pleas.
Declaration filed to wit. Lauderdale Circuit Court March term 1823.
Jessee W Evans by his attorney complains of Samuel McCabe in custody
etc. of a plea of trespass on the case etc.. For that whereas heretofore
to wit on the __ day of __ and in Lauderdale County aforesaid in
consideration that the plaintiff would buy of the defendant at his said
defendants special instance and request a certain horse for a large sum
of money to wit the sum of one hundred & fifty dollars he the said
defendant undertook & then & there faithfully promised the plaintiff
that said horse was sound & healthy and that he was not more than __
years old.

And the plaintiff in fact says that he confiding in the promise &
undertaking of the said defendant then and there & in the county
aforesaid did buy the said Horse of & from the said defendant at & for
said price or sum of money whereas in truth & in fact said Horse was
unsound & diseased insomuch that he was of no value & was at least __
years old and always remained unsound & diseased & of said unsoundness
died & then the said defendant on the day and year aforesaid & in the
county aforesaid falsely & fraudulently deceived said Plaintiff.

And whereas afterwards to wit on the day and year aforesaid & in the
county aforesaid the said plaintiff had bargained with the said
defendant for one other horse & the said defendant well knowing the said
last mentioned horse to be diseased & unsound & to be much older than
said defendant then represented him to be on the day and year aforesaid
& in the County aforesaid by warranting the said last mentioned horse to
be sound & free from any disease or impediment whatever & to be but __
years old fraudulently & deceitfully sold said last mentioned horse to
the plaintiff for a large sum of money to wit for one other sum of one
hundred & fifty dollars whereas in truth in fact said last mentioned
horse was deceased? (diseased?) distimpered & unsound of the age of __ &
that said last mentioned horse has since of said unsoundness become of
no value but has been of great expence to the plaintiff in seeking? & in
endeavoring to have said horse cured of said disease & distemper to wit.
in the county aforesaid and thus the said defendant on the day & year
aforesaid & in the county aforesaid falsely & fraudulently deceived said
Plaintiff whereby he says he is injured & hath sustained damage to $150.
therefore he brings his suit. George Coalter Atto. Pro. Qr. upon which
is the following plea to wit.

Page 140
And the said defendant comes & defends the wrong & injury when & for
plea says the plaintiff his action aforesaid to have & maintain against
him ought not because he says he did not promise & assure in manner &
form as the plaintiff in pleading against hath alledged & at this he
puts himself upon the country. McKinley & the plaintiff likewise George
Coalter atto.

And said cause was continued till the April term of said court and being
the 8th day of April 1825. Came the parties by their attornies and
hereupon came also a Jury of good & lawful men to wit

Page 146

Daniel White
George Simmons
George Kitchen
Joseph Bigger
Amos Ives
John Robertson
Bennet Yillivan??
William Hickman
Thomas Barret? Barnet?
Bennet Rose
Elijah Shelton
Jacob Young

who being duly elected and impannelled sworn and charged well and truly
to try and the truth to speak upon the said issue found after hearing
the evidence adduced by the parties and the arguments of counsel as much
in favor of the defendant as the plaintiff retired to consider of their
verdict & return into court and say they cannot agree, whereupon by
consent of the parties with leave of the court Daniel White one of the
Jurors aforesaid is withdrawn and the remainder of the Jurors aforesaid
from rendering their verdict are respited?? and the cause is continued
until the nex term of this court.

And at October term of said Court and being the fifth day of October
1825. This day came the parties by their attornies and thereupon came
also a Jury of good and lawful men to wit.

Page 147

William George
George Smart
Hilve Curtis
Isaac Creamer
Jonathan Rhodes
John Henderson
Matthais Richardson
Abner Hendrix
William Fanning
William A Williams
Thomas Davis
Nathaniel Henderson

who being elected tried impannelled and sworn were and truly to try and
the truth to speak upon said issue joined, after hearing the evidence
and arguments of council as well in favor of the Plaintiff as for the
defendant retired to consider of their verdict and returned into court
and say they cannot agree upon their verdict whereupon by consent of the
parties and with the assent of the Court Jonathan Rhodes one of the
Jurors aforesaid is with drawn and the remainder of the Jurors from
rendering a verdict are discharged and cause continued.

And on motion of the defendant by his attorney and it appearing to the
satisfaction of the court that the plaintiff in this cause is an
Inhabitant of another Government. It is ordered by the court that unless
the said plaintiff give security for the prosecution of this suit within
sixty days after the rising of this court the same will be dismissed.

And at the April term of said court and being the fourth day of April
1826. It appearing to the satisfaction of the court that the plaintiff
in this cause is a nonresident & that an order was made at the last term
of this court that the said plaintiff give security for prosecuting his
suit in sixty days after the rising of the same or said cause would be
dismissed and the said plaintiff having failed to give security It is
ordered by the court that said cause be dismissed & the said defendant
recover against said plaintiff his costs about his defence in this
behalf expended and go hence without day.

Page 149

#767
Alfred Norman vs William George ) Debt

State of Alabama Lauderdale County
To the Sheriff or other lawful officer to execute and return You are
hereby commanded to summon William George 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 2nd of November next to answer a plea of debt to Alfred
Norman for the sum of forty five dollars & fifty cents due by notes.
Herein fail not and make return of this warrant according to Law. Given
under my hand and seal this 22nd day of October 1822. William S Fulton
J.b.l (Seal)

Founded on a note dated 2nd March 1822 & due six months after date.
William S Fulton J.C.C. upon the said Warrant is the following return to
wit. Rect & Executed Oct. the 22, 1822 S McClure Const and Judgment
thereon as follows to wit. Judgment for Plaintiff November 2nd 1822 Debt
$215.50 costs 1.31 1/4 William S Fulton JbC? Petition for Centeirari and
Suprosedeas to wit

The State of Alabama Lauderdale County )
To the Honorable Richard Ellis Judge of the 4th Judicial Circuit in the
state.

The petition of William George a carpenter at to wit. in the town of
Florence state aforesaid sheweth to your Honor that on or about the 7th
Sept 1821 your petitioner entered into a written agreement with a
certain Alfred Norman whereby it was agreed that on condition the said
Norman would work as journeyman for your petitioner for the space of one
whole year then next ensuing Your petitioner would execute his
promissory note with Security for the payment of $300. at the expiration
of the year in which said agreement. It was expressly agreed that Norman
was not to (be) paid unless he worked the whole year. Your petitioner in
conformity with said agreement made his said note together with one John
Cox as Security for the payment of the aforesaid sum of $300. twelve
months thereafter and delivered the said note into the hands of a D.
(Dr.?) C P Payne of Florence to be by him delivered up to said Norman
when he had completed his years work. Said Norman commenced and worked
about five months for your petitioner when without any cause he quit for
the space of two weeks & demanded settlement with your petitioner as to
the work already done. This your petitioner refused to do unless the
said Norman would work out the balance of the year say seven months.

Page 151
The said Norman then made an additional written contract with your
petitioner dated on or about the 2nd day of March 1822 wherein it was
agreed between them that on condition said Norman work seven months
(being) the balance of the year your Petitioner would give his note for
sixty dollars as a compensation for the work that had been done by said
Norman previously done & would further pay unto the said Norman twenty
five dollars per month payable monthly for the balance of the year and
also the said Norman was to give up said first mentioned note of $300.
to be cancelled.

Your petitioner states that on his part he kept fulfilled his part of
the agreement in every particular. But that the said Norman broke his
said agreement within about a month by entirely quitting the work of
your petitioner. And that a short time thereafter said Norman sold the
said note for $60. which your petitioner had executed on condition he
finished his years work to a certain James Brittain who about the 2nd
November last. (last.) brought suit against your petitioner and before
William S Fulton acting as Justice of the Peace for said county
recovered a Judgment thereon since which time an Execution has been
issued for the sum of $45 50/100 dollars, the remaining balance of said
& costs of suit directed against the property of your petitioner.

Page 152
Your petitioner further states that he had last said contracts above
mentioned at the time that said suit was tried & determined nor could he
make any other legal defence for the want thereof. That since which time
(but after the expiration of the time allowed by Law for him to appeal
from said decision) your Petitioner has found both of the aforesaid
contracts by which he will be enabled to prove that the consideration
for which said note was given has entirely failed & your petitioner
thinks he will be able also to prove that at the time the said Norman
made the second contract he intended to defraud your petitioner by
leaving his employ & business immediately & in as much as your
petitioner is without remedy except by the interference of your Honor
your petitioner prays (the premises considered) that your Honor will
grant a writ of Certiorari Suprosedeas directed to etc. Commanding etc.

Page 153
This day personally appeared before me Isaac Southworth an acting
Justice of the Peace for said county William George and made oath that
the matters & things in the above petition as the same are set forth are
true to the best of his knowledge & belief. Sworn & Subscribed to at
Florence 28th Febry 1823. Wm George (Seal) before Isaac Southworth J P
(Seal).

The Clerk of the Circuit Court of Lauderdale County is hereby directed
to issue the writ of Centirari? and Supersedeas awarding to the prayer
of the within petitioner on condition the petitioner execute bond and
Security in your office as the Law directs. Given from under my hand
this 1st day of March 1823. Richard Ellis, Judge of the 4th Judicial
Circuit State of Alabama

Bond To wit. Know all men by these presents that we William George &
John Cox are held & firmly bound unto Alfred Norman in the sum of ninety
one dollars which sum well & truly to be paid. We bind ourselves & each
of our heirs jointly & severally firmly by these presents Sealed with
our seals & dated this 6th day of March 1823. The condition of the above
obligation is such that whereas the said William hath prayed & obtained
of the Judge of our Circuit Court the Writs of Certiorari & Supersedeas
to stop & bring up to our next Circuit Court a Judgment which said
Norman obtained against the said William before William S. Fulton,
esquire for the sum of forty five dollars & fifty cents sometime in
November last in order that the same may be heard in our next Circuit
Court held for Lauderdale County at the Court house in Florence on the
first Monday after the fourth Monday in March instant. Now if the said
William George should well & truly prosecute said suit to effect or in
case of failure therein shall pay & satisfy the Judgment of said court
then the above to be void otherwise to remain in full force & virtue.
Given under my hand & seal the day & date above written. William George
(Seal) John Cox (Seal) Test. J. Irvine Dbbl.

Page 154
Certiorari to wit.
The State of Alabama
To William J Fulton Esquire Judge of Lauderdale County Court Greeting.

William George hath prayed & obtained of the Judge of our Circuit Court
for the 4th Judicial Circuit the writs of Certiorari & Supersedeas on
the Judgment rendered by you in favor of Alfred Norman & against the
said George for the sum of forty five dollars & fifty cents, and the
said George having bond with Security as the Law directs you are
therefore hereby commanded that distinctly & openly you send up to our
next Circuit Court held for Lauderdale County at the Court house in
Florence on the first Monday after the fourth Monday in March instant
all the papers in & about said suit under your hand & Seal that further
proceedings may be had therein & that Justice may be done. Witness
Presley Ward, Clerk of our said Court at office the 6th day of March
1823 and of American Independence the 47 year. Test J Irvine Dbbl for P
Ward, Clk 6th day of March 1823.

Page 155
Return to wit. Executed this 11th day of March 1823. Jos. N. Baker Shff
By his Deputy James Coalter. Supersedeas to wit.

The State of Alabama
To the Sheriff of Lauderdale County & to all sworn officers of sd county
Greeting
Whereas William George hath prayed & obtained from the Judge of our
Circuit Court the Writs of Certiorari & Supersedeas to stop the
proceedings on a Judgment which Alfred Norman obtained against the said
William George before William S Fulton esquire for the sum of forty five
dollars & fifty cents and the said George having given bond with
Security as the Law directs. You are therefore hereby commanded to stop
and utterly forbear from proceeding in said cause until the maters &
things therein contained shall be heard & determined in our next Circuit
Court held for said county at the court house in Florence on the first
Monday after the fourth Monday in March instant. Herein fail not & have
then there this Writ. Witness Presley Ward, Clerk of our said court at
office the 6th day of March 1823 and of American Independence the forty
seventh year. Test J. Irvine, Dbbl for P Ward Clk JP? 6th day of March
1823. Return to wit. Executed this 20th March 1823. Jos N. Baker Shff By
his Deputy James Coalter.

Page 156
At the said March term and being the second day of April 1823. A Rule of
Court to enlarge the time of pleading viz. till the tenth day of July
next to file Declaration & thirty days thereafter to file pleas.
Declaration to wit. Alfred Norman vs William George) on Certiorari. The
said Alfred Norman says that the said William George is justly indebted
to him in the sum of forty five dollars & fifty cents the balance of a
note executed by said George payable to the plaintiff for the sum of
fifty eight dollars & fifty cents seven months after date & dated 2nd
day of March 1822 which sum of $215 50/100 remains unpaid & for which he
prays Judgment McKinley Plea to wit. nil Debit & failure of
consideration Hubbard issue McKinley.

And this 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 & came also a Jury of good & lawful men to wit.

Page 157

Thomas Williams
John Floyd
James A McMahon
Cornelius Carmack
John H Cornish
Daniel Brice
Ephraim Sheffield
Eli W Kerr
Thomas McKerley
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 that they find
the issues in favour of the plaintiff & find that the defendant doth owe
to the said plaintiff the sum of forty five dollars and fifty cents the
debt in the declaration mentioned and assess the plaintiffs damages for
the detention of said debt to twelve dollars & twenty one cents. It is
therefore considered by the Court that said plaintiff recover against
said defendant and John Cox his Security for the Certiorari the debt and
damages aforesaid by the Jury in form aforesaid found. Also his costs in
this behalf expended Pending the trial of this cause the defendant by
his attorney filed his bill of exception which was signed & sealed and
ordered to be made a part of this record.

Page 158
Bill of Exception to wit.
Alfred Norman vs Wm George Pleas nil Debit & failure of consideration on
the trial of this cause the defendant proved by parole that a contract
had existed between the plaintiff & defendant that the plaintiff had
agreed to work for the defendant one year at or about the expiration of
five months the parties made a new contract & in consideration that the
plaintiff would agree to work with the defendant seven months the
balance of the year the defendant agreed to & did execute the note for
the five months already past & the old contract cancelled by which the
plaintiff claims herewith made part of this bill marked A & also made a
contract herewith marked a part of this bill marked B for the seven
months & that after said note was executed the plaintiff then offered to
prove that he executed this in consideration that plaintiff would work
the 7 months. The plaintiff refused to work out the seven months agreed
to which opinion as to the consideration or condition the defendant
excepts. J M Taylor (Seal)

Page 159
B.
An article of agreement entered into this second day of March 1822
between Wm. George of the one part and Alfred Norman of the other.
Witnesseth that the said Norman has this day agreed with Wm George to
work for him seven months at seventy five dollars for each month until
the time of seven months be expired and the said George agrees to pay
the said Norman at the end of every month in cash provided he can so
make his arrangements. If not to pay him by note or notes or in such
goods as the said Norman may want at the end of every month. Alfred
Norman (his mark) (Seal) Wm George (Seal) Attest William R. Wood

(This is all that was written about this case. msw)

Page 160

#833
George W Bruce vs Samuel Alden ) Case

The State of Alabama
To the Sheriff of Lauderdale County Greeting

You are hereby commanded to take the body of Samuel Alden 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 September next to answer George W Bruce of a
plea of Trespass on the case to his damage one thousand five hundred
dollars. Herein fail not and have you this Writ at the office of the
Clerk of said Court three days previous to the 5th Monday in September
next Witness Presley Ward Esq. Clerk of our said Court at office the 2nd
day of May 1823 and of American Independence the forty seventh year.
Test J Irvine Dbbl for P Ward Clk Issued 2 day of April 1823.

Up(on) the same is the following cause of action to wit. This action is
commenced by the Plaintiff to recover of the defendant damages in
assumpsit for money advanced, goods wares & merchandize sold & delivered
by the plaintiff to the defendant & money loaned, etc. Bail required for
the sum of nine hundred & sixty four dollars & three cents agreeable to
an affidavit of said plaintiffs agent filed in the Clerks office of
Lauderdale County. George Coalter Atto. P. Q.

Return thereon to wit. Came to hand 2nd May 1823. Executed the same day.
Came to hand and delivered a copy. J N Baker Shff of Lauderdale. By his
Deputy J W Byrn.

Page 161
(Note in margin: “Bail bond here instead of (on page) 164”)

At the September term of said Court and being the third day of October
1823. It is ordered by the Court that sixty days be allowed to file
declaration and thirty days thereafter to file Replications and pleas
from the rising of the Court. And the 19th day of February 1824 the
plaintiff by attorney filed his Declaration as follows to wit.
Lauderdale County Circuit Court September Term 1823.

George W Bruce by his attorney complains of Samuel Alden in custody of a
plea of trespass on the case. For this that heretofore to wit on the __
day of __ at and in the county of Lauderdale aforesaid said defendant
was indebted to the plaintiff in the sum of fifteen hundred dollars on
amount of work & labour, care & diligence done & performed by said
plaintiff in and about the business of said defendant and also for
goods, wares & merchandize before that time sold & delivered, money
loaned & money paid & advanced to & for the use & benefit of said
defendant at his special instance & request and being so indebted he
said defendant in consideration thereof assumed upon himself & then &
there promised said plaintiff that he would well & truly pay to him said
sum of money whenever he should be thereunto afterwards requested to
wit. in Lauderdale County aforesaid.

And whereas afterwards to wit on the day & year last aforesaid & in the
county of Lauderdale aforesaid in considertaion that said plaintiff at
the special instance & request of said defendant had done & performed
divers work & labour care & dilligence in about the business of him said
defendant & had sold to him divers goods wares & merchandize & paid
advanced, laid out and expended divers sums of money to & for the use &
benefit of said defendant he, said defendant, in consideration thereof
undertook & faithfully promised said plaintiff that he would well &
truly pay to him so much money as said last mentioned work & labour care
& dilligence goods wares & merchandize & money paid and advanced laid
out & expended were reasonably worth and the plaintiff avers that he
reasonably deserved to have therefore one other sum of fifteen hundred
dollars of which the defendant then & there had notice. Yet said
defendant tho often requested hath not paid to said plaintiff said
several sums of money or either of them but the same to him to pay hath
hitherto altogether refused & still doth refuse to the damage of the
plaintiff fifteen hundred dollars therefore he sues. George Coalter
Atto. Pro. Q. Plea non assumpsit Wooldridge Atty for deft.

Page 163
At the April term of said court and being the ninth day of April 1825 on
the affidavit of the plaintiffs counsel this cause is continued on the
plaintiffs paying the costs of this suit to this time & on motion of the
defendant by his attorney and it appearing to the satisfaction of the
court that the said defendant is not a resident citizen of this state It
is ordered that unless he shall give security for the costs of this suit
within sixty days from the rise of this court that the same will then
stand and be dismissed and on the trial docket of said court is the
following, to wit. cont’d by consent & leave to take depositions without
notice. G. Coalter. Thos. Wooldridge

And this cause was continued from term to term 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 and lawfull men to wit.

Page 164

Thomas Williams
John Floyd
James McMahon
Cornelius Carmack
John H Cornish
Daniel Bruce
Ephraim Sheffield
Eli W Kerr
Thomas M Kerlay
James W Cocke
John Curtis
James Foster

who being duly elected tried and sworn well & truly to try the issues
joined, upon their oath do say that they find the issues in favour of
the plaintiff and assess his damages to eleven hundred and fifteen
dollars and seventeen cents. It is therefore considered by the court
that the said plaintiff recover against said Defendant said sum of
Eleven hundred & fifteen dollars & seventeen cents the damages aforesaid
by the Jury in form aforesaid assessed also his costs about his suit in
this behalf expended etc.

(Note in margin: “Bail bond should be on Page 161.”)
Bail bond to wit
Know all men by these presents that we Samuel Alden _____ are held and
firmly bound unto Joseph N Baker Sheriff of Lauderdale County or his
assignment in the just and full sum of nine hundred sixty four dollars 3
cents lawful money of this 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 2nd day of May 1823. The condition
of the above obligation is such that the said Samuel Alden ________ to
be his special bail in an action now instituted in the Circuit Court of
said county of Lauderdale wherein George W Bruce is plaintiff & Samuel
Alden defendant and in case said Alden should be cast in the action ___
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 ___ will
do it for him Given under our hands and seals this day and date above
written Saml Alden (Seal) Bill Huggins (Seal) Assignment thereon to wit.
I J N Baker Shff of Lauderdale County do assign the within obligation &
condition to the plaintiff herein named to be sued for according to the
statute in such case maid? & provided. Witness my hand and seal this 2nd
May 1823. J N Baker Shff by his Deputy J W Byrn

Page 166

#1252
Littleberry Leftwich vs William M Campbell & Daniel 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, Tailors & partners under the firm of Campbell & Elims
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 inst.

To answer Littleberry Leftwich of a plea that they render to him the sum
of one hundred & twenty dollars which to him they owe & from him
unjustly detain to his damages one hundred dollars. Herein fail not and
have you this Writ at the Clerks 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 30th day of
March 1825. and of American Independence the (forty) ninth year. Issued
30th day of March 1825. Test. P Ward, Clerk.

Cause of action to wit. This action is brought by the plaintiff to
recover of the defendant the amt of two rooms in a certain house in the
town of Florence on the west side of the public square rented for the
sum of one hundred & twenty dollars for one year evidenced by articles
of agreement under seal of the defendants aforesaid bearing date the 4th
day of Novr. 1823. No bail required. Coalter & Irvine Attos. Pro. Qr

Upon the same is the following return to wit. Came to hand 29th March
1825. Executed and delivered a copy the within Writ to the defendants
29th March 1825. J N Baker Shff By his Deputy N. H. Marks.

At the April term of said Court and being the fifteenth day of April
1826. 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..

Declaration filed the 15th August 1825 as follows to wit.
State of Alabama
Lauderdale County
Circuit of sd county Apl term 1825.
Littleberry Leftwich by his attorney complains of William M Campbell &
Daniel Elims partners under the firm & style of Campbell & Elims in
custody etc. of a plea that they render to him the sum of one hundred &
twenty dollars which to him they owe and from him unjustly detain. Fort
his viz. that the said defendants on the 4th day of Novr. 1823 at to wit
in the county aforesaid made their certain agreement to & with the said
plaintiff by the style and description of Campbell & Elims as aforesaid
and sealed with the seal of the said William M Campbell & the said
Daniel Elims & bearing date the day & year aforesaid and now to the
court, here shown by which, the(y) bound themselves to pay to the said
plaintiff said sum of money for the use of two upper rooms in his house,
lying & being on the west side of the square in Florence which the said
plaintiff by the agreement aforesaid leased & devised to said defendants
for one whole year from the date of the agreement aforesaid and which
they agreed to pay said defendant quarterly. Yet said defendants
although often requested hath not paid said sum of one hundred & twenty
dollars to said plaintiff quarterly or in any other manner, but to pay
the same or any part thereof.

Page 168
Note in margin: “The said defendants have altogether wholly refused and
still do refuse to the damage of the plaintiff one hundred dollars
therefore he sues. Coalter & Irvine, attos. pro Plff”

Pleas filed 29th August 1825. To wit. Campbell & Elms ats. Littleberry
Leftwich) In debt
And now said defendants by William B. Martin their attorney come &
defend the wrong & injury when where etc. & say they do not owe to the
said plaintiff the sum of money in the plaintiffs declaration demanded
or any part thereof in manner & form as the said plaintiff hath thereof
complained against them & of this they put themselves on the country,
etc. Wm. B. Martin for Deft. And the Plff likewise Coalter & Irvine

And for further plea in this behalf said defendants say the plaintiff
actio non etc. because they say that at the time of said supposed demise
leasing & letting of the said Plaintiff to said defendants & from thence
hitherto said plaintiffs had not nor hath he at any time whatsoever had
any right, title ownership or authority of unto or over said house or
the rooms thereof to rent or lease the same or let the same to any other
person or persons whatsoever to wit at in the county aforesaid & this
said defendants are ready to verify wherefore they pray Judgment etc.
Wm. B. Martin for Defts.

Demurer to the last plea Coalter & Irvine. 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 their attornies and the plaintiffs
demurer being sustained by the court to the defendants 2nd plea and the
said defendants withdrawing his first plea. It is therefore considered
by the Court that the Plaintiff recover against said defendants damages
to be found by a Jury to come at this term and thereupon came also a
Jury of good and lawful men to wit.

Page 169

William Noel
Redding Womble
Robert Mitchell
Phillip Wilks
Daniel Brice
Hugh B King
Davis Ellis
Abner Rose
James Foster
Chapple G Chandler
Goodwin Taylor
James A McMahon

who being duly elected tried and sworn well and truly to assess the
plaintiffs damages in this behalf upon their oaths do say that they
assess the damages to one hundred and thirty nine dollars and twenty
cents. It is therefore considered by the court that the said plaintiff
recover against said defendants the damages aforesaid assessed by the
Jury and his costs in this behalf expended.

Page 170

#1123
Martin P Harrow vs John Craig ) Appeal

The State of Alabama Lauderdale County
To the Constable or other lawful officer to execute. You are hereby
commanded to summon John Craig if to be found in your county to appear
at my office in Florence on the 1st Febry to answer Martin O’Harrow in a
plea of debt for a sum under 30 dollars due by acpt? (Sept?) Herein fail
not and make due return according to Law. Given under my hand and seal
this 21st day of Jany 1825. Saml Harkins J P (Seal)

Upon the same is the following return to wit. Executed on the 21st Janry
1825 Wm. L . Yarbrough for J J Bowman and upon the same is the following
to wit.
Judgment for Plff Febry 1st 1825. Saml Harkins J P

Appeal Bond as follows to wit.
The State of Alabama Lauderdale County)
This day appeared before me Saml Harkins & acting Justice of the Peace
for said County John Craig & praid (prayed?) an appeal from a Judgment
against the said Craig for five dollars & ninety eight cents & costs of
suit in favor of Martin O’Harrow which was recovered on the 1st Inst and
the said appeal is granted to the Circuit Court the appellant having
given bond & security as the Law directs. Given under my hand & Seal
this 1st Febry 1825. Saml Harkins JP (Seal)

Know all men by these presents that I John Craig & John W Byrn do bind
ourselves in the penal sum of thirteen dollars & eight cents to Martin
O’Harrow, conditioned that whereas on the 1st Inst. the said Martin
O’Harrow did obtain a Judgment before me Saml Harkins JP for the sum of
five dollars & ninety eighty cents & cost of suit & the said John Craig
being aggrieved at said Judgment did on this day pray an appeal to the
Circuit Court. Now if the said Craig does well & truly abide by the
Judgment of said Court then this obligation shall be null & void if not
to remain in full force & virtue. Witness our hands seals this the 4th
day of Febry 1825. Jno Craig (Seal) John W Byrn (Seal) Attest Saml
Harkins JP

And this cause was continued until this term to wit the April term and
being the Eleventh day of April 1825. Came the parties by their
attornies & after argument be heard & by the Court understood It is
considered by the Court that the plaintiff recover against the defendant
and John W Byrn his Security for the appeal the sum of five dollars &
ninety eight cents the amount of the Judgment of the Justice below
together with the further sum of eighty nine cents being 15 pr cent
damages for delay. Also the costs in this behalf expended.”

Page 172

#1290
Maximilan H Buchanan & Others vs John Webb ) Appeal

State of Alabama Lauderdale County )
To any Lawful officer to execute & return.
You are hereby commanded to summon John Webb to be & appear before me at
Thomas Whitsons on the 2nd Saturday of February next to answer the
complaint of the Trustees of the town of Waterloo viz. Tyree Rodes,
Gabriel Bumpass, Maximilan H Buchanan, John McCracken & Thomas H
Meridith (which last is now dead) or their successors in office on Debt
due by note twenty eight dollars & 20/100 & interest fail not to execute
this process. Given under my hand & seal this 29th day of January 1825.
David Brown J P

Return to wit. Executed this 1st day of February 1825 by me B Price
Const. appeal Bond to wit. State of Alabama Lauderdale County) Know all
men by these presents that we or either of us our heirs and assigns are
held and firmly bound to Tyre Roads, Gabriel Bumpass, Maximilan H
Buchanan, John McCracken, Thomas H Meridith, Trustees of the town of
Waterloo or their successors in office in the penal sum of fifty six
dollars ninety two cents good and lawful money. The condition of the
above bond is such that if the said John Web his heirs or assigns doth
appear at our next Circuit Court to be held in Florence to prosecute a
suit that said Web took up on appeal to effect on a Judgment obtained
against the said Web before David Brown an Acting Justice of the Peace
on the 12 of February in behalf of said Commissioners of the town of
Waterloo to the amount of twenty eight dollars forty six c. (cents)
principal together with the costs already attach to it then the above
bond to be void, otherwise to stand in full forceand virtue. Given under
our hands and seals this 16th of February 1825. John Webb (Seal) Wm S
Barton (Seal) Test David Brown J.P..

And this cause was continued till this term to wit. the April term of
said Court and being the thirteenth day of April eighteen hundred and
twenty six came the parties by attorney & the plaintiff by attorney
moved the court to dismiss this appeal for want of a sufficient bond for
appeal and after argument on said motion It is considered by the court
that the said appeal bond is insufficient & that the said appeal be
dismissed and that the said plaintiffs recover of said defendant their
costs about their suit in this behalf expended and that aprocedendo
issue to the Justice of the Peace to proceed on his former?? herein
rendered.”

Page 174

#1260 1/2
James Irvine, Asignee vs Levi Todd )Appeal

State of Alabama Lauderdale County
To Wm. Y Yarbrough or other lawful officer to execute and return. You
are hereby commanded to summon Levi Todd 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 fifteenth day of June next to answer a plea of debt to
James Irvine assignee of Thomas McDonald for the sum of thirty three
dollars and ___ due by note. Herein fail not and make return of this
amount according to Law. Given under my hand and seal this 3rd day of
June 1825. Wm G Brien J P (Seal)

Upon which is the following cause of action to wit. This action is
founded on a due bill executed to ThomasMcDonald on the 21st Apl 1825
for thirty three dollars which is assigned to the plaintiff by sd
McDonald on the 3rd June 1825. the whole of which is due & unpaid. W G
Brien J P (Seal)

Upon the same is the following return to wit. Exct. by me Wm L Yarbrough
June 3rd 1825 upon the same is the following to wit. Judgment for the
Plaintiff by default $33 debt and $___ damages together with the costs
15th June 1825. W G Brien J P (Seal)

Appeal bond to wit. State of Alabama Lauderdale County ) Know all men by
these presents that we Levi Todd & William W Garrard are held and firmly
bound unto James Irvine in the penal sum of sixty eight dollars forty
two cents to be void on condition that the said Levi Todd doth prosecute
our appeal by him prayed to the next Circuit Court for sd county and to
him granted from a Judgment obtained on the 15th June 1825 by said James
Irvine against the said Levi Todd before me W G Brim? an acting Justice
of the Peace for said county for the sum of thirty four (22) dollars
debt and costs. Witness our hands and seal this 20th day of June 1825.
The condition of the above obligation is such that whereas the above
named James Irvine hath obtained a Judgment before me W G Brim c acting
Justice of the peace for the county of Lauderdale against the above
bound Levi Todd for the sum of sixty eight dollars forty two cents. Debt
and costs from which Judgment the said Levi Todd hath prayed an appeal
to the next Circuit Court to be held for said county. Now if the said
Levi Todd shall try the sd appeal at the next Circuit Court and perform
the Judgment of the Court thereupon then this allegation to be void else
remain in full force and virtue as witness our hands and seals this 20th
June 1825. Levi Todd (Seal) W W Garrard (Seal) Witness W G Brim J P
(Seal) Notice to wit.

State of Alabama Lauderdale County)
To any constable or lawful officer you are hereby required to notify
James Irvine that an appeal has been taken to the Circuit Court to be
holden in the town of Florence on the first Monday after the fourth
Monday in September next in your case against Levi Todd. Given under my
hand & seal this 27th Sept. 1825. Wm G Brien J P (Seal)

Return thereon to wit. Notified on James Irvine on the 27 September 1825
by me Wm L Yarbrough Cont? Declaration filed 20th Jan. 1826 to wit.
State of Alabama Lauderdale County)
Circuit Court September term 1825

James Irvine by attorney complains of Levi Todd summoned etc. of a plea
that (he) render to him the sum of thirty three dollars which to him he
owes & from him unjustly detains etc. For this that said defendant on
the 21st day of April 1825 at to wit in the county aforesaid made his
certain due bill of that date signed with his proper name & here shown
to the court whereby he acknowledged himself indebted to Thomas McDonald
in the sum of thirty three dollars for value recd and afterwards to wit.
on the 3rd day of June 1825 at to wit in the county aforesaid the said
Thomas McDonald by the description of Thos. McDonald assigns over the
said due bill to the plaintiff for value recd of which assignment the
defendant then & there had notice by means whereof the defendant became
liable to pay to the plaintiff said sum of money on said due bill
specified. Yet said defendant altho often requested hath not paid the
same either to the said Thomas McDonald before notice of said assignment
or to the plaintiff since but hath hitherto refused & still refuses to
pay the same to the damage of the plaintiff forty dollars. Therefore he
sues George Coalter atto for plf..

And this cause was continued until this term to wit the April term and
being the thirteenth 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. It is therefore considered by the
court that the plaintiff recover against the said defendant and William
W Garrard his security for the appeal the sum of thirty three dollars
the debt in the declaration mentioned, together with the further sum of
two dollars & sixty cents damages sustained by the plaintiff for the
detention of said debt, also the sum of four dollars ninety six cents
damages at the rate of fifteen pr. cent for the delay & the costs in
this behalf expended.

Page 178

#1277
Trotter & McGonegal vs Lemuel Rodgers ) Appeal

State of Alabama Lauderdale County)
To any lawfull officer to execute and return
You are hereby commanded to summon Lemuel Rodgers to be and appear
before me or some other Justice of the Peace for said county at
Rodgersville on the 30th Inst to answer the complaint of Trotter &
McGonagall in a plea of debt on a note of hand for forty three dollars &
41 cents and credited by twelve dollars & 86 cents. Herein fail not.
Given under my hand and seal this 18th April 1825. James Reed J P.

Return thereon Executed the 23rd of April 1825 by H P Crittantin Const.
and upon the same is the following to wit. Judgment in favour of
Plaintiff for Debt and costs this 30th April 1825. Jas Reed J P

Appeal Bond to wit
Know all men by these presents that we Lemuel Rodgers and Thomas Rodgers
both of the state of Alabama and county of Lauderdale are held & firmly
bound unto Trotter & McGonigal in the penal sum of sixty four dollars
Ninety one cents for which sum well and truly to be made we bind
ourselves and each of us and each of our heirs jointly severally firmly
by these presents sealed with our seals & dated. The condition of the
above bond is such that whereas the sd Trotter & McGonigal did obtain a
Judgment against Lemuel Rodgers on the thirtieth April for thirty
dollars fifty five cents principal two dollars & eighty cents interest &
one dollar cost before me an acting Justice for the county aforesaid and
he the sd Rodgers arested? my Judgment and appealed to the Circuit
Court. Now if he the sd Rodgers does appear at our next Circuit Court to
be holden for the County of Lauderdale at the town of Florence on the
first Monday after the fourth Monday in September and there does
prosecute his suit with effect then this bond to be void otherwise to
abide the Judgment, sentence & decree of sd court. Given under our hands
and seals this 2nd April 1825. Lemuel Rodgers (Seal) Thomas Rodgers
(Seal) Test. Jas. Reed.

And this cause was continued till this term to wit the April term and
being the thirteenth day of April 1826 . Came the plaintiffs by their
attorney & dismiss their suit & defendant in proper person assumes the
costs. It is therefore considered by the court that the plaintiffs
recover against said defendant the costs aforesaid assumed & the
defendant hereof discharged.

Page 180

#1272
George Simmons, Assignee vs James Gordon ) Appeal

State of Alabama Lauderdale County)
To the Lawfull officer to execute and return.
You are hereby commanded to summon James Gording to appear before me or
some other Justice of the peace for said county at Springfield on the
9th day of April next to answer the complaint of George Simmons assignee
of Thomas Cornish in a plea of Debt on a note of hand for twenty five
dollars. Given under my hand and seal this 29th day of March 1825. Wm
Cocke J P (Seal)

Upon the same is the following return to wit. Executed the 2nd dy of
April 1825 by A P Crittenten (Constable) and upon the same is the
following to wit. Judgment for the plaintiff for $25. Interest $0.84.

Appeal bond to wit.
State of Alabama Lauderdale County)
Know all men by these presents that we James Gordin and Eliza Coons and
Daniel Coons & Sherrard White are held and firmly bound unto George
Simmons in the penal sum of Fifty two dollars and fifty nine & 1/4 cents
lawful money of the state, which payment well and truly to be made we
bind ourselves and each of our heirs Executors and Administrators
jointly severally firmly by these presents. Sealed with our seals and
dated this 12th day of April in the year of our Lord one Thousand eight
hundred and twenty five. The condition of the above obligation is such
that whereas the said George Simmons hath on the 9th day of April
obtained a judgement before Wm. Cocke a justice of the peace for said
county for the sum of twenty five dollars eighty fore (four) cents with
the further sum of eighty 1/4 cost against the said Gordin who prays an
appeal. Now if the said Gorden shall prosecute his appeal to effect or
pay and satisfy the aforesaid judgement and all cost that hath or may
hereafter accure then the above obligation to be void. Otherwise to
remain in full force and virture in law & equity. Given under our hands
and seals the day and date first above written.

Appeal Bond $52.59 April 12, 1825
James Gordon, Eliza Coons, Daniel Coons, Sherrard White

To the circuit court the first after the 4 Monday in Sept. Declaration
to wit. The state of Alabama Lauderdale County Circuit Court October
Term 1825. George Simmons assignee etc. vs James Gordon appeal.

Page 182
The plaintiff George Simmons by his attorney complains of James Gordon
defendant of a plea that he render him the sum of twenty five dollars
which to him he owes and from him unjustly detains for that whereas said
defendant heretofore (to wit) on the 4th day of August 1824 at to wit in
the County of Lauderdale aforesaid made his certain note in writing
signed with his hand by the description of J. Gordon, and which is now
to the court shewn wherein & whereby said defendant promised on or
before the 25th day of December next thereafter to pay one Thomas
Cornish twenty five dollars to be discharged in merchantable baled
cotton to be delivered at James Douglasses gin for value received and
whereas afterwards but before said sum in cotton and in any manner
howsoever had been or was paid to said Cornish to wit on the 27th day of
December 1824 to wit in the county aforesaid said Cornish indorsed
assigned & delivered said note to said plaintiff & thereby then & there
ordered & appointed the sum therein specified according to the tenor &
effect thereof to be paid to said plaintiff for value recd of which said
several premises said defendant afterwards to wit on the day & year last
aforesaid in the County aforesaid had notice by means whereof & by force
of the statute in such cases made & provided said defendant hath become
liable to pay to said plaintiff said sum of money in said note specified
according to the tenor & effect thereof & of said indorsement made
thereon as aforesaid yet said defendant although often requested so to
do hath not as yet paid said plaintiff said sum in said note specified &
other in bailed cotton at the Gin of Jas. Douglass or in money or in any
other manner or way howsoever but to pay the same or any part thereof to
said plaintiff since notice of said assignment or to said Cornish before
notice of said assignment said defendant hath at all times hitherto
wholly failed & refused & still doth refuse to the plaintiff damage $30
& therefore he sues etc. Wm B & P. Martin Attos for Plaintiff.

And this cause was continued until this term to wit the April term and
being the 13th day of April 1826 Come the parties by attorney and on
hearing of the cause of the plaintiffs action & the defendant’s defence
it is considered by the Court that the plaintiff recover of the
defendant thirteen dollars and twenty five cents for the non performance
of the plaintiffs contract & that the defendant recover of the plaintiff
his costs in this suit expended.

Page 183

#1240
James Erwin assignee vs Joseph D Greaves

The State of Alabama Lauderdale County)
This day personally appeared before the undersigned James Kirkman agent
for James Erwin (in whose favor a writ has this day issued against said
Joseph D Greaves) and made oath that said Greaves is justly (indebted?)
to said Irwin in the sum of Four hundred & five dollars & sixty seven
cents by a note of hand dated 1st January 1825 due one day after date
and having prayed that said defendant be holden to bail doth further
make oath that the same is not required for the purpose of vexing or
harrassing said defendant. Sworn to and subscribed before me this 28th
March 1825. James Kirkman
Sworn to & subscribed before me this 28th March 1825. P Ward Clk

Capias issued to wit. The State of Alabama
To the sheriff of Lauderdale County Greeting
You are hereby commanded to take the body of Joseph D Greaves 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 Mrch instant; to answer James
Irwin assignee of Thomas Kirkman and James Kirkman Merchants & partners
trading under the firm of T & J Kirkman of a plea that he render to him
four hundred and five dollars and sixty seven cents which to him he
owes, and from him detains 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 first Monday after the fourth Monday
in March instant. Witness Presley Ward Clerk of our said court at office
this 28th day of March 1825 and of American Independence the forty ninth
year. Issued 28th day of March 1825. Test P. Ward, Clerk

This action is founded on the defendant’s promissory note payable to the
within named T & J Kirkman for the sum of $405.67 dollars dated 1
January 1825 and due one day after the date, said note is assigned by
said T & J Kirkman to the Plaintiff. Bail required for the sum of four
hundred & five dollars & 67/100 of one dollar as pr affidavit of the
plaintiffs agent filed in the office of the Clerk of the Circuit Court
of Lauderdale County. D. Hubbard atto for the plaintiff.

Upon the same is the following return to wit. Came to hand 28th March
1825. executed the same day on the within defendant by delivering him a
copy of the within writ. J N Baker Shff. By his deputy N H Marks.

Bail bond as follows to wit. The state of Alabama Lauderdale County.
Know all men by these presents that we Jos. D. Greaves and Wm W Garrard
are held and firmly bound unto Joseph N Baker Sheriff of Lauderdale
County or his assignment in the just and full sum of eight hundred &
eleven dollars & 34/100 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 28th day of March
1825. The condition of the above obligation is such that the said Wm W
Garrard hath undertook in behalf of the said Jos. D. Greaves to be his
special bail in an action now instituted in the circuit court of said
county of Lauderdale wherein James Irwin assignee etc. is plaintiff and
Jos. D. Greaves is defendant and in case said Jos. D. Greaves 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 Wm W Garrard will do it for him. Given under our hands and
seals this day and date above written. Jos. D. Greaves W W Garrard

Page 186
Upon the same is the following assignment to wit. I Joseph N Baker
Sheriff of the County of Lauderdale do hereby assign the within
obligation and condition to James Irwin , 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 28th day of March in the year of our Lord 1825. J N Baker
Shff. By his deputy N. H Marks.

The State of Alabama Lauderdale County
Know all men by these presents, that we Joseph D Greaves and William M
Warner are held and firmly bound unto Joseph N Baker sheriff of
Lauderdale County, or his assignment in the just and full sum of eight
hundred and eleven dollars 34/100 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 this
17th day of April 1825.

The condition of the above obligation is such that the said William M
Warner hath undertook in behalf of the said Joseph D Greaves to be his
special bail in an action now instituted in the circuit court of said
County of Lauderdale wherein James Irwin, assignee is plaintiff and
Joseph D Greaves is defendant and in case the said Joseph D Greaves
should be cast in the action he shall pay and satisfy the condemnation
of the court or surrender his body of the sheriff of said county or that
the said William M Warner will do it for him. Given under our hands and
seals this day and date above written.
Jos. D. Greaves William M Warner

Upon the same is the following assignment to wit I, J N Baker, Sheriff
of Lauderdale County Ala. do hereby assign the within bond and condition
to the within named plaintiff to be sued for agreeable to the statutes
in such cases made and provided. In witness whereof I have hereunto set
my hand and seal this 7th April 1825. J N Baker, Shff of Lauderdale
County Ala.

And said cause continued until this term to wit the April term and being
the 13th day of April 1826 came the plaintiffs by attorney and say they
intend no further prosecuting said suit than for the costs. It is
therefore considered by the court that the said plaintiff moves against
said defendant the costs in this “behaf” expended.

Page 187

#1313
William Kydd vs William W Garrard ) Debt

The State of Alabama To the Sheriff of Lauderdale County, Greeting:
You are hereby commanded to take the boyd of William W Garrard wherever
he 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 Sept. instant to answer William Kidd of a
plea that he render to him the sum of one hundred dollars which to him
he owes and 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 1st Monday in Sept inst. Witness
Presley Ward, Clerk of our said court at office this 5th day of Sept
1825 and of American Independence the 50th year. Issued 5th day of Sept
1825 Test. P. Ward, Clerk.

Cause of action to wit. This action is brought to recover of the
defendant the amount of his order (or bill of exchange) drawn on George
Coalter in favour of the plaintiff. No bail required. B W Edwards Pr Plff

Return to wit came to hand Sept 5th 1825, executed on the same day on
the within defendant and a copy left with him. M. Harkins Shff.

Declaration to wit.
The state of Alabama, Lauderdale County.
Fourth circuit court Sept term 1825. William Kydd by attorney complains
of William W. Garrard in custody etc. of a plea that he render to him
the sum of one hundred dollars which to him he owes and from him
unjustly detains. For that whereas heretofore to wit on the 30th day of
October 1824 at the county aforesaid, the said defendant (under the name
and description of W.W. Garrard) made his certain order or Bill of
exchange in writing and which is now here to the court shown, bearing
date the day and year aforesaid, and then and there directed the same
Bill of exchange to one George Coalter by the name and addition of Mr.
George Coalter, by which said Bill of exchange he the said defendant
then and there requested the said George Coalter to pay the said
plaintiff the sum of one hundred dollars and then and (there?) delivered
the said Bill of exchange to the said plaintiff.

Page 189

And the said plaintiff avers that afterwards, and before the payment of
the said sum of money in the said Bill of exchange specified, to wit, on
the 11th day of November 1824, at the County aforesaid the said Bill of
exchange was presented and shown to the said George Coalter for his
acceptance thereof, and the said George Coalter was then and there
requested to accept the same but that the said George did not, nor would
at the said time when the said Bill of exchange was so presented and
shown to him for his acceptance thereof as aforesaid, or at any time
afterwards accept the same, or pay the said sum of money therein
specified, or any part thereof but then and there neglected and refused
so to do, of all which said several premises the said defendant
afterwards, to wit on the day of __ aforesaid, and at the county
aforesaid had notice by means whereof he the sd defendant then and there
became liable to pay the said plaintiff the said sum of money in the
said Bill of exchange specified when he the sd defendant should be
thereunto afterwards requested. And being so liable, he the said
defendant in consideration thereof afterwards, to wit, on the __ day of
__ last aforesaid at the County aforesaid undertook and then and there
faithfully promised the sd plaintiff to pay him the said sum of money in
the said Bill of exchange specified when he the said defendant should be
thereunto afterwards requested. Yet the said defendant although often
requested so to do, has not as yet paid said sum of money above demanded
or any part thereof: but he to do this hath wholly as still doth refuse
to the plaintiff’s damage fifty dollars and therefore he sues etc. B. M.
Edwards Pro. Plff.

Page 190
Demurer Fulton & Hubbard. Pleas to wit.
William W Garrard Ats William Kydd

And now said defendant by attorney comes and defends the wrong & injury
when etc. and says that the plaintiff his action aforesaid against this
defendant to have & maintain ought not because he says that he did not
undertake & promise in manner & form as the plaintiff in his said action
hath declared against him & of this he puts himself upon the country and
for further plea in this behalf said defendant says that there was no
good & legal consideration for the said Bill of exchange declared upon,
but the same was a voluntary act on part of this defendant & without
consideration and this the said defendant is ready to verify wherefore
he prays judgment if he ought to be charged with the debt in plaintiffs
said declaration mentioned by virtue of said Bill of exchange. And said
defendant craves oyer of said supposed Bill of exchange mentioned in the
plaintiff’s said declaration which is read to him in words & figures
following (here insert Bill) which being read and heard said defendant
says by virtue of the same he ought not to be charged because he says he
did not sign & deliver the said Bill of exchange as said plaintiff in
his said declaration hath alledged and of this he puts himself upon the
country. D. Hubbard, atto. for the defendant

Page 191
And the plaintiff by attorney filed his reply ? as follows to wit.
William Kydd vs William W. Garrard, and the said William Kydd as to the
plea of the said William W. by him first above pleaded, saith that he
the said William Kydd by reason of any thing by the said William W. in
that plea alledged ought not to be barred from having and maintaining
his aforesaid action thereof against him the said William W.
And the sd William Kydd signs judgment as to the first plea of the said
William W. for want of a good and sufficient plea in the present form of
action. And the said William Kydd as to the said plea, of the said
William W. by him secondly above pleaded, saith the said William Kydd by
reason of any thing by the sd William W. in that plea alledged ought not
to be barred from having and maintaining his aforesaid action thereof
against him the said William W. Because, he saith, that there was a good
and legal consideration for the sd bill of exchange declared upon, and
that the same was not without consideration, and this he the said
William Kydd prays may be inquired of by the country etc. B W Edwards
Pro Plff.

And the said as to the said plea of the said defendant by him thirdly
above pleaded saith that by force of the statute in such cases made and
provided he the said plaintiff motions the Court to expunge said plea
and that the same may be held for naught pr. B. W. Edwards pro plf..

Demurrer & joinder Hubbard P. D.

Page 192
At the April term of said court and being the 13th day of April 1826
came the parties by their attorneys & upon argument of the Defendant’s
demurer to the plaintiff’s replication being argued. It is considered by
the Court that the said demurer be sustained that the defendant recover
against the plaintiff his costs about his defence in this behalf
expended and depart hence.

Page 192

#1314
James Arnett for use of Benjamin Glover vs George W. Snead

The State of Alabama
To the sheriff of Lauderdale County, Greeting:
You are hereby commanded to take the Body of George W. Sneed 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 courthouse in the Town of Florence on the
1st Monday after the fourth Monday in September instant to answer James
Arnett who sues for the use of Benjamin Glover of a plea of trespass on
the case to his damage Two hundred & fifty 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 instant. Witness Presley Ward Esqr., Clerk of our said Court
at office this 2nd day of September 1825 and of American independence
the 50th year. Issued 2nd day of September 1825. Test P. Ward, Clerk.

Cause of action To wit. This action of assumpsit is brought by the
within named plaintiff against the within named defendant to recover
damages on a promissory note made by the defendant on the 7th day of
June 1825 for the payment of one hundred and ten dollars & fifty eight
cents payable to said plaintiff (Arnett) one day after the date thereof
as aforesaid in current Bank bills of Alabama the whole of which is due
& unpaid except a credit of 8 dollars 2nd July 1825. No bail required.
Wm B & P Martin for Plff.

Return thereon to wit., Came to hand the 2nd September 1825 executed &
left a copy with the Defendant this 6th of September 1825. M. Harkins
Shff by his Deputy H V.? W? McVay. On the 8th day of February 1826 the
plaintiff by his attorney filed his declaration as follows to wit.

The State of Alabama Lauderdale County Circuit Court October term 1825
James Arnett (who sues for the use of Benjamin Glover) by his attorney
complains of George W. Sneed Defendant in custody etc. of a plea of
trespass on the case etc. for that whereas heretofore to wit on the 7th
day of June 1825 at to wit, in the county of Lauderdale aforesaid the
said Defendant made his certain promissory note in writing, his own name
being thereto subscribed by the description of Geo. W. Sneed & which is
now to the Court shown the date whereof is the same day & year last
aforesaid, wherein & whereby said Defendant promised one day after said
date to pay unto said Plaintiff the just & full sum of one hundred and
ten dollars & fifty eight cents in current Bank bills of Alabama for
value received.
By means where & by force of the statutes in such cases made & provided
said defendant hath become liable to pay to said plaintiff said sum in
current Bank bills of Alabama for value received By means whereof & by
force of the statutes in such cases made & provided said defendant hath
become liable to pay to said plaintiff said sum in current Bank bills of
Alabama & being so liable, he the said defendant afterwards to wit, on
the day and year last aforesaid at, to wit, in the County aforesaid
undertook & then & there faithfully promised said plaintiff to pay him
said sum in said promissory note specified according to the tenor &
effect thereof. Yet said Defendant not regarding his said promise &
undertaking by him made as aforesaid but contriving & fraudulently
intending craftily & subtilly to deceive and defraud said plaintiff in
this behalf & although often requested so to do, hath not as yet, paid
to said plaintiff said sum of one hundred & ten dollars & fifty eight
cents, in current Bank bills of Alabama or otherwise howsoever: but to
pay the same in current Bank bills of Alabama, or in any other way or
manner whatsoever to said plaintiff hath at all times hitherto, wholly
failed & refused, & still refuses so to do to the damage of said
plaintiff (who sues for use of said Glover as aforesaid) two hundred
Dollars & therefore he sues. Wm B. & P. Martin attornies for Plaintiff.

At the April term of said Court and being the 13th day of April 1826
Came the parties by their attornies & the Defendant saying nothing in
bar or preclusion of the plaintiffs action & the court being unadvised o
the plaintiff’s damages in this case Came a jury of good & lawful men to wit

Page 194

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

who being duly elected, tried & sworn well & truly to assess the
plaintiffs damges in this case upon their oath do say that they assess
the plaintiff’s damages to ninety four dollars. It is therefore
considered by the Court, that the sd plaintiff recover against the
defendant the damages assessed by the jury as aforesaid, also his costs
in this behalf expended.

Page 195

#1316
James Erwin, assignee vs William Middleton )

The state of Alabama Lauderdale County
This day personally appeared before the undersigned clerk of the circuit
court of said County David Hubbard agent & attorney for James Erwin &
makes oath William Middleton is indebted to James Erwin in the sum of
$356 91/100 dollars as appears by his writing obligatory dated 1 January
1825 payable to T & J Kirkman for said sum of money one day after the
date thereof which note is assigned by said T & J Kirkman to the said
Erwin & the said D. Hubbard having sued out a writ against said
Middleton the day of the the day hereof doth further make oath that the
same is not sued out for the purpose of vexing or harrassing said
Defendant. Sworn to & subscribed before me this 18th Jany 1825. D.
Hubbard Test P. Ward, Clk 18th Jan’y 1825.

Capias to wit.
The State of Alabama
To the Sheriff of Lauderdale County Greeting.
You are hereby commanded to take the Body of William Middleton 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 courthouse in the town of Florence on the
first Monday after the fourth Monday in March next to answer James Erwin
assignee of T & J Kirkman of a plea that he render to him three hundred
& fifty six dollars & ninety one cents, which to him he owes & from him
detains 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 first Monday after the fourth Monday
in March next. Witness Presley Ward Clerk of our said court at office
this 18th day of February 1825 and of American independence the forty
ninth year. Issued 18th day of February 1825. Test P. Ward Clerk.

Page 196
Cause of action to wit.
This action is founded on a writing obligatory made by the Defendant on
1 January 1825 wherein he promised one day after the date thereof to pay
Thomas Kirkman & James Kirkman Merchants & partners under the firm of T.
& J. Kirkman the sum of $356.91/100 dollars which said writing is
assigned to the plaintiff & bail required for said sum as pr. affidavit
filed in my office. P. Ward Clk.

Return to wit.
Came to hand 18th February 1825. Not found in my County J N Baker Shff
by his deputy D. W. McKee.

Affidavit to wit.
The State of Alabama. Lauderdale County
This day came J. Kirkman agent for J. Erwin before the clerk of the
Circuit court for said County and makes oath that William Middleton is
justly indebted to James Erwin, assignee of T. & J. Kirkman in the sum
of Three hundred & fifty six dollars 91 cents due by the Defendants
writing obligatory to the said T. & J. Kirkman dated the 1st Jany 1825
payable one day after date. Bail is not required for the purpose of
vexing or harrassing said defendant. James Kirkman. March 24th 1825.
Subscribed & sworn to before me P. Ward Clk.

Capias to wit.
The state of Alabama
To the sheriff of Lauderdale, Greeting:
You are hereby commanded to take the body of William Middleton 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 Courthouse in the Town of Florence on the
first Monday after the fourth Monday in March instant, to answer James
Erwin Assignee of Thomas & James Kirkman partners trading under the firm
of T. & J. Kirkman of a plea that he render to him the sum of Three
hundred and fifty six dollars ninety one cents, which to him he owes and
from him detains to his damage one 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 March inst.
Witness Presley Ward Clerk of our said court at office this 24th March
1825 and of American independence the 49th year. Issued 24th day of
March 1825. Test P. Ward Clerk.

Cause of action To wit.
This action is founded on a writing obligatory made by the defendant on
the 1st Jany 1825 payable one day after date to T. & J. Kirkman for
$356.91/100 dollars which said note is assigned by said T. & J. Kirkman
to the plaintiff. Bail is required for $356.91/100 dollars as pr.
affidavit filed in the office of the clerk of the circuit court for said
County. D. Hubbard P. Q.

Page 198
Sheriff’s return To wit. I, J. N Baker Sheriff of Lauderdale County do
hereby authorise and empower R. H. C. Sessums to execute the within
precept for me, and in my name and make due return of this according to
Law. Given under my hand this 29th March 1825. J N Baker, Shff. Came to
hand 24th March 1825. Not found in my county this 30th day of March
1825, R H C Sessums, D.S. for J.N. Baker Shff

Alias capias to wit.
The state of Alabama
To the sheriff of Lauderdale County Greeting
You are hereby commanded, as you have been before commanded to take the
body of William Middleton 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
September next to answer James Erwine assignee of T. & J. Kirkman of a
plea that he render to him Three hundred and fifty six dollars and
ninety one cents which to him he owes, and from him detains 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 first
Monday after the fourth Monday in September next. Witness Presley Ward
clerk of our said Court at office this 27th day of April 1825 and of
American independence the 49th year. Issued 27th day of April 1825. Test
P. Ward Clerk.

Page 199
Cause of action to wit.
This action is founded on a writing obligatory made by the Defendant on
the 1st January 1825 wherein he promised one day after the date thereof
to pay Thomas Kirkman and James merchants and partners under the firm of
T & J Kirkman the sum of $356.91/100 dollars which said writing is
assigned to the plaintiff & Bail required for said sum as pr affidavit.
Filed in my office. P. Ward Clk.

Sheriff’s return To wit Came to hand 3rd May 1825. Executed on William
Middleton this 17th day of September 1825 and delivered him a copy the
same day, and by order of Thomas Kirkman the proceedings stoped & no
bail bond taken. M. Harkins, Shff. By his deputy H W McVay.

At the April term of said court and being the 15th day of April 1826
came the plaintiff by his attorney and acknowledges satisfaction of his
debt in this case & says he wishes no further to prosecute the same
except for costs nor is the same further prosecuted & the Defendant
saying nothing it is therefore ordered by the court that the plaintiff
recover against the Defendant his costs in this behalf expended.