LAUDERDALE COUNTY, ALABAMA
COURT RECORDS - CIRCUIT COURT

FINAL RECORD
CIVIL & STATE CIRCUIT COURT
1825 - 1826
page 4

Page 199

#1329
James Irvine, Administrator vs Samuel Kinley

The state of Alabama Lauderdale County
This day came James Irvine, Administrator of all and singular the goods
and chattels rights and credits of Hugh Hagarty deceased and makes oath
that Samuel Kinley stands justly indebted to administrator as aforesaid
in the sum of fifty two dollars & eight cents due by note under seal and
in an action this day commenced against him on said note. He does not
require bail for the purpose of vexing or harrassing said Defendant.
James Irvine. Subscribed & sworn to before me this 4th 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 body of Samuel Kinley 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 James
Irvine, admr of the Estate of H. Hagarty deceased of a plea that he
render to him the sum of Fifty two dollars & eight cents which from him
he unjustly detains to his damages fifty dollars.

Herein fail not and have 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 3rd
day of February 1825 and of American independence the forty ninth year.
Issued 3rd day of February 1825. Test. P. Ward Clerk

Cause of action to wit.
This action is founded on a note under seal executed to H. Hagarty in
his lifetime for fifty two dollars & eight cents dated 24th May 1824 due
then Geo. Coalter atto for plf.. Bail is required for the sum of fifty
one dollars eight cents per affidavit of plf. filed in my office. P
Ward, Clk.

Sheriff’s return To wit, came to hand 5th day February 1825. Not found
in my county 30th March 1825. J N Baker, Shff by his deputy A W H Clifton.

Alias Capias to wit
The State of Alabama
To the sheriff of Lauderdale County Greeting.
You are hereby commanded as you have been heretofore commanded to take
the body of Samuel Kinley 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 Irvine admr of the Estate of H. Hagarty
deceased of a plea that he ren(der) to him the sum of fifty two dollars
& eight cents which from him he unjustly detains to his damages 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 September next. Witness Presley Ward Clerk of our said Court
at office this 26th day of April 1825, and of American independence the
49th year. Issued 26th day of April 1825. Test P. Ward, Clerk

Cause of action To wit
This action is founded on a note under seal executed to H. Hagarty in
his lifetime for fifty two dollars & eight cents dated 20th May 1824 due
then. Geo. Coalter atto. for plf.. Bail is required for the sum of fifty
one dollars eight cents per affidavit of plf. filed in my office. P.
Ward Clk

Sheriff’s return To wit Came to hand 3 May 1825. Not found in my county
Sept 7th 1825. M. Harkins Shff
At the April term of said court and being the 14th day of April 1826
came the plaintiff by his attorney and dismisses his suit. It is
therefore considered by the Court that the Defendant recover against the
plaintiff his costs in this behalf expended & depart hence etc.

Page 202

#1094
James Gordon vs Samuel Maxwell

The State of Alabama
To the Sheriff of Lauderdale County Greeting.
You are hereby commanded to take the Body of Samuel Maxwell 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 Courthouse in the town of Florence on the 1st Monday after
the 4th Monday in September instant to answer James Gordon that he
render unto him the sum of eighty two dollars fifty cents, which to him
he owes and from him unjustly detains to his damage forty 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 18th day of September 1824 and of American independence the
forty ninth year. Test P. Ward Clk. Issued 18th day of September 1824.

Page 203
Cause of action to wit This action is founded on a writing obligatory of
the following tenor. Four months after date I promise to pay to James
Gordon on order eighty two dollars and fifty cents value received.
Witness my hand and seal Novr 26th 1821. Signed Saml Maxwell (Seal). On
which writing is indorsed a credit of the following tenor. Received of
the within note twelve dollars & seventy nine cents. Signed I Currin.
Feby 1st 1823. No Bail required. P Ward Clk

Sheriffs return to wit.
Came to hand Septr 20th 1824 executed same day by delivering the
Defendant a copy. J N Baker Shff by his deputy A W H Clifton.
At the October term of said Court and being the 16th day of October
1824. Ordered by the Court that sixty days after the rise of this Court
be allowed Plaintiffs to file their declarations and thirty days
thereafter for defendants to file pleas etc. And on the 15th day of
December 1824 the plaintiff by his attorney filed his declaration as
follows to wit.
The State of Alabama Lauderdale County)
Circuit Court of September term 1824
James Gordon by his attorney complains of Samuel Maxwell in custody etc.
of a plea that he render unto him the sum of eighty two dollars & fifty
cents which to him he the said Samuel owes and from him unjustly detains
for that on the 26th day of November A.D. 1821 at the County aforesaid
the said Samuel made his certain writing obligatory of the day & date
aforesaid, sealed with his seal, which said writing is now here to be
shewn to the Court by which the said Samuel promises four months after
the date aforesaid, to pay to James Gordon, the plaintiff aforesaid, or
to his order, the sum of eighty two dollars & fifty cents, for value
received by means whereof, & by force of the statute in such cases
provided, the said Samuel then & there became liable to pay unto the
said Plaintiff, the said sum in the said writing specified according to
the tenor and effect of the same.

Page 204
Now altho. the said sum in the said writing so specified hath been long
since due & payable according to the tenor and effect thereof,
nevertheless, the said Samuel did not, nor would pay the said sum of 82
Dollars 50 cents in said writing, or any part thereof to the said
plaintiff altho. often requested so to do, wherefore an action hath
accrued to the said plaintiff to demand & have of said Samuel the said
sum in said writing specified & he saith he hath damages 40 dollars,
therefore he sues etc. Dawson Atty Pro. Quer.

And said cause continued until this term To wit the April term and being
the 10th day of April 1826 came the parties by their attornies & the
defendant withdrawing his demurrer the defendant remains herein undefended.

It is therefore considered by the Court that the plaintiff recover
against said defendant the sum of sixty nine dollars & seventy one cents
the residue of the debt in the declaration mentioned together with the
further sum of Twenty two dollars & ninety five cents damages sustained
by the plaintiff by reason of the detention of his said debt, also his
costs in this behalf expended.

Page 205

#1219
John Wright vs Ezekiel K Hudnell ) Covenant

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 Courthouse in the Town of Florence on the
first Monday after the fourth Monday in March instant to answer John
Wright of a plea of covenant broken to his damages 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 8th day of March 1825 and of American independence the forty
ninth year. Issued 8th day of March 1825. Test P. Ward Clerk

I hereby acknowledge myself the above named Plaintiff security for the
costs of the above suit in case he fail in the prosecution thereof to
pay and satisfy all costs. Witness my hand & seal this 8th day of March
1825. Samuel Lussley? Lassley? (Seal) Test P. Ward Clk

Cause of action to wit.
This is an action brought to recover damages on a certain note of hand
under seal, executed by the within named defendant together with a
certain Campbell & Elms who are not sued in this writ by which eight
months after the date thereof, they, or either of them promise to pay
the within named plaintiff 126 Dollars 20 cents payable in Tennessee or
Huntsville Bank notes bearing date 23rd day of February 1824. No bail
required. Harris & Dawson attornies pro. Qu:

Sheriff’s return To wit. Came to hand 9th March 1825 executed the same
day by delivering a copy to the within named Defendant of the within
writ. J N Baker Shff by his deputy D. W. McKee.

At the April term of said Court and being the 15th 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.

On the 2nd day of July 1825 the plaintiff by his attorney filed his
declaration as follows to wit.
State of Alabama fourth Circuit. Lauderdale Circuit Court of the term of
March in the year one thousand eight hundred and twenty five. Lauderdale
County )

John Wright plaintiff in this suit complaining of Ezekiel K Hudnell
defendant in this suit in custody etc. of a plea of breach of covenant
for that whereas the said Ezekiel on the third day of February in the
year one thousand eight hundred and twenty four at Florence in the
County aforesaid by his certain writing obligatory sealed with the seal
of him the said Ezekiel and to the Court now here shewn, the date
whereof is on the day and year aforesaid, did covenant promise and agree
to and with the said John to pay to the said John one hundred and twenty
six dollars and seventy one cents in Tennessee or Huntsville Bank notes
within eight months after the date of the said writing obligatory. And
the said John avers that the said Ezekiel did not pay to him the said
John the said one hundred and twenty six dollars and twenty six cents in
Tennessee Bank notes nor did he pay the same in Huntsville Bank notes
nor did he pay the same in any other thereof within eight months after
the date of the said writing obligatory nor hath he paid the same as yet
altho. he hath been often requested so to do by the said John. And so
the aforesaid Ezekiel his covenant aforesaid with the said John in this
behalf hath not held, but the same hath broken to the damage of the said
John of two hundred dollars & therefore he sues etc. Harris & Dawson
Atty for Plff

Page 207
Plea to wit. Ezekiel K Hudnall ads John Wright. And now said defendant
by his attorney comes & defends the wrong & injury when etc. and craves
oyer of the covenant or writing obligatory in the plaintiff’s
declaration and of which profert is made which is read to him in the
words & figures following to wit “Eight months after date, we, or either
of us, promise to pay John Wright One hundred & twenty six Dollars &
twenty six cents payable in Tennessee or Huntsville Bank notes. Given
under our hands & seals this twenty third day of February 1824 one
thousand eight hundred & twenty four ... E. K. Hudnall (Seal) Campbell &
Elms (Seal) Test William McCown

Which being read and heard said defendant prays judgment of the said
declaration because he says that between the said declaration & the said
covenant or writing obligatory there is a material variance and this he
is ready to verify wherefore he prays judgment of the said declaration
and that the same may be quashed etc. Coalter & Irvine Attos.

And said cause continued until this term to wit the April term and being
the 13th day of April 1826. Came the parties by attorney and the
defendant withdrawing his plea saith nothing in bar or preclusion of the
plaintiff’s action against him. It is therefore considered by the Court,
that the Plaintiff recover against sd defendant damages to be assessed
by a jury to come & thereupon came a jury of good and lawful men to wit

Page 208

William Noel
Redding Womble
Robert Mitchell
Philip Wilkes
Daniel Buie
Hugh B King
Davis Ellis
Abner Rose Jr.
James Foster
Goodwin Taylor
Chapple G Chandler
James A McMahan

who being duly elected tried & sworn well and truly to assess the
plaintiff’s damages in this behalf, upon their oath do say they assess
the damages to one hundred & twelve Dollars and twenty five cents. It is
therefore considered by the Court that the plaintiff recover against sd
Defendant the damages assessed by the jury as aforesaid,also his costs
in this behalf expended.”

Page 209

#983
Francis Anderson vs John J Winston) Case

The State of Alabama
To the Sheriff of Lauderdale County Greeting:

You are hereby commanded to take the body of John J Winston 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 Courthouse in the Town of Florence on the 1st Monday after
the 4th Monday in March instant to answer Francis Anderson of a plea of
trespass on the case to his damage Two thousand 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 instant. Witness Presley Ward Esq., Clerk of our said court at
office the 6th day of March 1824 and of American independence the forty
8th year. Test P. Ward Clk. Issued 6th day of March 1824.

Cause of action to wit.
This is an action of assumpsit brought by the plaintiff to recover
damages of the Defendant as the indorser of a note under seal for the
sum of nine hundred & sixty dollars & ninety three cents dated 25th day
of January 1824 & payable to the said Defendant & indorsed by him to the
said plaintiff on the 24th day of February 1823. Said note was executed
by one Amos A. Johnston of whom said plaintiff demanded the money
agreeably to law & payment was refused, nor hath the said defendant paid
said plaintiff the same. No bail required. Wm B. & P. Martin attos for
the Plaintiff.

Sheriff’s return to wit
Came to hand the same day issued executed at the same time delivered a
coppy of the within J N Baker Shff by his Deputy J W Byrn.

At the March term of said Court and being the 2nd day of April 1824.
Ordered by the Court that the time of filing declarations & filing pleas
& replications be the same as heretofore in all cases where the
Defendant had entered an appearance & Declaration to wit

The State of Alabama Lauderdale County. Circuit Court March term 1824.
Francis Anderson by his attorney complains of John J. Winston in custody
of the sheriff & of a plea of trespass on the case etc. for that whereas
one Amos A.. Johnston heretofore to wit on the 25th day of March A.D.
1822 at to wit in the County of Lauderdale aforesaid made his certain
writing obligatory signed with his name & sealed with his seal & which
is now to the Court shewn bearing date the day & year last aforesaid &
thereby then & there promised on or before the 1st day of January 1824
to pay to the said John J Winston (the defendant) the just sum of nine
hundred & six dollars & ninety three cents for value received & then &
there delivered the said writing obligatory to the said Defendant.

And the said Defendant to whom the payment of the said sum of money in
said writing obligatory specified was to be made after the making of the
said writing obligatory but before the payment of the said sum of money
therein specified to wit On the 24th day of February 1823 at to wit in
the County aforesaid indorsed the said writing obligatory by which said
indorsement he the said defendant then & there ordered & appointed the
said sum of money in said writing obligatory specified to be paid to the
plaintiff for value received & then & there delivered the said writing
obligatory so indorsed to the said plaintiff and the said plaintiff
avers that afterwards when the said writing obligatory became due &
payable according to the tenor & effect thereof to wit, on the first day
of January 1824 at to wit in the County aforesaid the said writing
obligatory was duly presented & shewn to the said Amos A. Johnston for
payment thereof & payment of the sum of money therein specified was then
& there duly required according to the tenor & effect of the said
writing obligatory. But that neither the said Amos A. Johnston nor any
person or persons on his behalf did or would at the said time when the
said writing obligatory was presented & shewn for payment thereof as
aforesaid or at any time before or afterwards pay the said sum of money
therein specified, or any part thereof but wholly neglected & refused so
to do of all 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 statute in such
cases made & provided the said defendant then & there became liable to
pay to the said plaintiff the said sum of money in said writing
obligatory specified when he the said defendant should be thereunto
afterwards requested & being so liable, he, the said Defendant in
consideration thereof afterwards to wit on the day & year last aforesaid
at, to wit, in the County aforesaid undertook & then & there faithfully
promised the said plaintiff to pay him the said sum of money in said
writing obligatory specified when he the said defendant should be
thereunto afterwards requested.

Nevertheless the said defendant not regarding his said promise &
undertaking, but contriving & fraudulently intending craftily & subtilly
to deceive & defraud the said plaintiff in this behalf hath not as yet
paid said sum of money, or any part thereof to the said plaintiff
(although often requested so to do) but the said defendant to pay him
the same hath hitherto wholly neglected & refused & still doth neglect &
refuse to the damage of the said plaintiff Two thousand Dollars &
therefore he brings suit etc. Wm. B. & P. Martin attos for the Plff.

Page 212
And on the trial Docket of said Court is the following writing to wit.
In this case the Defendant having failed to appear & failed also to
plead or demur to said plaintiffs declaration said plaintiff prays &
takes judgment against said Defendant for said default & failure. 4th
September 1824. Wm B Martin atto. for Plff. P Ward, Clk.

And said cause continued until this term to wit the April term and being
the 10th day of April 1826. Came the plaintiff by his attorney & suffers
a non suit in this case. It is therefore considered by the Court that
the defendant recover against said plaintiff his costs in this behalf
expended & depart hence without day.

Page 213

#1111
Isaac Fort vs Thomas McDonald and William McDonald ) Debt

The State of Alabama
To the Sheriff of __ County Greeting:
You are hereby commanded to take the bodies of Thomas McDonald & William
McDonald 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 Courthouse in the Town of Florence
on the 1st Monday after the 4th Monday in September instant to answer
Isaac Fort of a plea that they render unto him the sum of one hundred
and twenty five Dollars, which to him they owe, and from him unjustly
detain to his damage Sixty 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 __ day of September 1824 and
of American independence the forty ninth year. Test P Ward, Clk. Issued
__ day of September 182_ P Ward Clk.

Cause of action To wit
This action is brought to recover upon a note of hand under seal
executed by the within named defendants to the within named plaintiff
bearing date 7th day of November 1823 conditioned for the payment of 125
Dollars on or before the 1st of April next following said date which
still appears due & unpaid No bail required. Dawson atty Pro. Qu.

Sheriff’s return to wit
Came to hand 12th October 1824 etc. Same day J. N. Baker, Shff by his
deputy A. W. H. Clifton.

I acknowledge the service of the within writ 12th Oct. 1824 Thos. McDonald.

And at the October term of said Court & being the 16th day of October
1824. Ordered by the Court that sixty days after the rise of this Court
be allowed plaintiffs to file their declarations and thirty days
thereafter for defendants to file pleas.

Declaration to wit.
State of Alabama. Fourth circuit Lauderdale Circuit Court of September
term 1824 Lauderdale County

Isaac Fort complains of Thomas McDonald in custody etc. of a plea that
he render unto him the sum of one hundred twenty five dollars which to
him he owes & from him he unjustly detains: for that on the 7th day of
November 1823 at the County aforesaid, he the said Thomas, together with
one William McDonald against whom process to compel appearance in this
action hath issued but hath not appeared thereto, and against who the
said action is discontinued made their certain writing obligatory sealed
with their several seals bearing date the day & year aforesaid & now
here to the Court shewn, by which he the said Thomas as well as the said
William promised to pay the said Isaac on his order on or before the
first day of April next to wit the first day of April next succeeding
the date of said writing obligatory 125 Dollars for value received: by
means whereof & by force of the statute in such cases made & provided,
he said Thomas then & there became liable to pay the said sum of money
in his said writing specified according to its tenor & effect. Now
altho. the said sum of money in the said writing so specified hath been
long since due & payable yet the said Thomas altho. often requested so
to do, to pay said sum of 125 Dollars in said writing specified hath
wholly neglected & refused & still doth neglect & refuse to the damage
of said Isaac Fort sixty Dollars wherefore he sues etc. Dawson att. pro.
Quer.

And said cause continued until this term to wit the April term & being
the 11th day of April 1826. Came the plaintiff by his attorney and the
Defendants saying nothing in bar or preclusion of the plaintiff’s action
against them. It is therefore considered by the Court that the plaintiff
recover against said Defendants the sum of fifty one dollars and forty
cents the balance of the debt in the plaintiff’s declaration mentioned
together with the further sum of three dollars & seven cents damages
sustained by the plaintiff for the detention of his said debt also his
costs in this behalf expended & the plaintiff agrees that execution may
be stayed untill after the rise of the next term of this Court.

Page 215

#1196
William Kidd, assignee etc. vs Addison Wigglesworth & Benjamin Estes ) Debt

State of Alabama Lauderdale County
This day personally appeared William Kidd before me Presley Ward, clerk
of the Circuit Court of said county and made oath that Addison
Wigglesworth & Benjamin Estes stand justly indebted to him in the sum of
one hundred & sixty Dollars due by note under seal executed by sd
Wigglesworth & Estes on the 10th January 1824 to P. Ward due nine months
after date which was assigned by said Ward to sd Wm Kidd. Does not
require bail for the purpose of vexing or harrassing said defendants.
Sworn to & subscribed before me this 23rd day of February 1825 W. Kidd P
Ward Clk

Capias To wit
The state of Alabama
To the sheriff of Lauderdale County Greeting.
You are hereby commanded to take the bodies of Addison Wigglesworth &
Benjamin Estes 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 Will Kidd assignee etc. of a plea that they render to him
the sum of one hundred & sixty Dollars which to him they owe & detain 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 fourth Monday
in March next. Witness Presley Ward Clerk of our said Court at office
this 2nd day of February 1825 and of American independence the forty
ninth year. Test P. Ward Clerk. Issued 2nd day of February 1825.

Cause of action to wit.
This action is to recover the amount of a note under seal executed by
the Defendants to P Ward on the 10th of January 1824 for $160 & by him
assigned to the plaintiff due nine months after date. Bail required as
per affidavit of the plaintiff filed in Clerk’s office for the sum of
$160 Coalter & Irvine atto. P. Q.

Sheriff’s return to wit
Came to hand 2nd Feb. 1825 executed same day and delivered a Copy of the
within to the Defendant Addison Wiglesworth and committed him to Jail of
Lauderdale County afterwards enlarged by giving bail. Benj. Estes not
found. J N Baker Shff by his Deputy A W H Clifton

Bail Bond as follows to wit.
The State of Alabama
Lauderdale County
Know all men by these presents that we Adison Wigglesworth and Peter
Blow are held and firmly bound unto Joseph N. Baker Sheriff of
Lauderdale County or his assignment in the just and full sum of $320
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 2nd day of February 1825. The condition of
the above obligation is such that the said Peter Blow hath undertook in
behalf of the said Adison Wigglesworth to be his special bail in an
action now instituted in the Circuit Court of said County of Lauderdale
wherein William Kidd assignee is Plaintiff and Adison Wigglesworth &
Benj. Estes are defendants and in case said Adison Wigglesworth 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 Peter Blow will do it for him. Given under our hands and
seals this day and date above written. A .Wiglesworth (Seal) P. Blow (Seal)

Page 218
Assignment to wit
I, Joseph Baker Sheriff of the County of Lauderdale do hereby assign the
within obligation to William Kidd assignee etc. his executors &
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 A. W. H. Clifton

At the April term of said Court and being the 15th 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..

Declaration filed 15th August 1825 To wit.
State of Alabama Lauderdale County Circuit Court March term 1825
William Kidd assignee etc. by his attorney complains of Addison
Wigglesworth in custody etc. of a plea that he render to him the sum of
one hundred & sixty dollars which to him he owes & from him unjustly
detains for this to wit that the said Addison on the 10th day of January
1824 at to wit in the County of Lauderdale aforesaid made his certain
writing obligatory of that date signed with his name sealed with his
seal and also signed with the name & sealed with the seal of one
Benjamin Estes against whom process issued in this action, but as to
whom the plaintiff discontinues his suit, and to the Court now here
shewn whereby he promised & bound himself to pay said sum of one hundred
& sixty dollars to Presley Ward by the discription of P. Ward nine
months after date to wit nine months after the day & year aforesaid for
value rec’d and afterwards to wit on the 16th day of January 1824 at to
wit in the County aforesaid & long before said sum of money had become
due by the tenor of said writing obligatory and before any part thereof
had been paid said Presley Ward by the discription of P. Ward made his
endorsement on said writing obligatory his own proper hand being
thereunto subscribed by which said endorsement he assigned the said
writing obligatory to the plaintiff for value rec’d and then & there
delivered said writing obligatory to him said plaintiff, so assigned of
which said defendant then & there had notice by which an action hath
accrued to the plaintiff to demand & have of said defendant said sum of
money above demanded.

Yet said defendant hath not paid said sum of money to said plaintiff
since notice of said assignment or to the said Presley Ward before
notice of the same but to pay said sum of $160 Dollars or any part
thereof hath entirely failed & refused (Nor hath the said Benjamin Estes
ever paid the said sum of money above demanded or any part thereof) and
still doth refuse to the damage of the plaintiff $60 therefore he sues
etc. Coalter & Irvine attos Pro Qr.

Page 220
On the trial Docket of said Court is wrote? the following to wit And now
to wit the 29th Augst 1825 came the plf. by his attorney & signs Judgt
for failing to plead or demur within the rules of Court Coalter & Irvine
attos P. Ward Clk

And this cause continued until this term to wit the April term and being
the 13th day of April 1826. Came the parties by their attornies &
defendants saying nothing in bar or preclusion of the plaintiff’s
action. It is considered by the Court that the plaintiff recover against
said defendant the sum of one hundred & sixty dollars the debt in the
declaration mentioned together with the further sum of nineteen dollars
& twenty cents damages sustained by the plaintiff by reason of the
detention of the said debt. Also their costs.

Page 220

#1195
William Kidd assignee vs Addison Wigglesworth ) Debt

State of Alabama Lauderdale County

This day personally appeared William Kidd before me Presley Ward clerk
of the Circuit Court of said County & made oath that Addison
Wigglesworth & Benjamin Estes stand justly indebted to
him in the sum of one hundred & sixty Dollars by note under seal
executed to P. Ward on the 10th day of January 1824 due twelve months
after date which said Ward has since assigned to said Kidd and that said
Kidd does not require bail of said defendants for the purpose of vexing
or harrassing them. Sworn to & subscribed before me this 23rd 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 bodies of Addison Wigglesworth &
Benjamin Estes wherever the(y) 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 William Kidd assignee etc. of a plea that they
render to him the sum of one hundred & sixty Dollars which to him they
owe & detain to his damages 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
the 2nd day of February 1825 and of American independence the forty
ninth year. Issued 2nd day of February 1825. Test P. Ward Clerk

Cause of action, To wit.
This action is to recover the amount of a note under seal executed by
the Defendants to P. Ward on the 19th day of January 1824 & by him
assigned to the plaintiff due 12 months after date. Bail required as per
affidavit of the plaintiff filed in the Clerk’s office for the sum of
$160. Coalter & Irvine atto P. Q.

Page 222
Return to wit
Came to hand 2nd Feby 1825 executed same day & delivered a copy of the
within to the defendant Addison Wigglesworth and committed to Jail of
Lauderdale County & afterwards enlarged? by giving Bail. Benj. Estes not
found. J. N. Baker shff by his deputy A. W. H. Clifton.

Bail bond to wit
The state of Alabama Lauderdale County
Know all men by these presents that we Addison Wigglesworth and Peter
Blow are held and firmly bound unto Joseph N. Baker sheriff of
Lauderdale County or his assignment in the just and full sum of three
hundred & twenty 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 2nd day of February
1825. The condition of the above obligation is such the said Peter Blow
hath undertook in behalf of the said Adison Wigglesworth to be his
special bail in an action now instituted in the circuit Court of said
County of Lauderdale wherein William Kidd, assignee, plaintiff and
Adison Wiglesworth & Benj. Estes are defendants and in case said Adison
Wigglesworth 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 Peter Blow will do it for him.
Given under our hands and seals this day and date above written. A.
Wiglesworth (Seal) P. Blow (Seal)

Page 223
Assignment to wit. I, Joseph N. Baker sheriff of the County of
Lauderdale do hereby assign the within obligation and condition to
William Kidd assignee etc. 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 A. W. H. Clifton.

At the April term of said Court and being the 15th 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.

Declaration filed 15th day of August 1825 to wit
State of Alabama Lauderdale Circuit Court March term 1825
William Kidd assignee etc. by his atto. complains of Addison
Wigglesworth in custody etc. of a plea that he render to him the sum of
one hundred & sixty dollars which to him he owes & from him unjustly
detains for this to wit, that the said Addison together with one
Benjamin Estes against whom process issued in this action, but as to
whom the plaintiff discontinues his suit, on the 10th day of January
1824 at to wit in the County aforesaid made his certain writing
obligatory of that date signed with his name sealed with his seal & now
to the Court here shewn whereby he promised & bound himself to pay
Presley Ward by the discription of P. Ward on hundred & sixty dollars
twelve months after the date aforesaid for value recd and afterwards to
wit on the 16th day of January 1824 said Presley Ward by the discription
of P. Ward at to wit in the County aforesaid assigned over the said
writing obligatory to said plaintiff for value rec’d his own proper hand
being subscribed to said assignment, and he said Presley then & there
delivered to said plaintiff said writing obligatory so specified of
which assignment the defendant on the day & year aforesaid at the County
aforesaid had notice by virtue of the premises aforesaid an action hath
accrued to said plaintiff to demand & have of said defendant said sum of
money in said writing obligatory specified.

Yet said defendant hath not (nor hath the said Benjamin Estes) paid said
sum of money in said writing obligatory specified to the said Presley
Ward before notice of said assignment or to the plaintiff since notice
thereof nor any part thereof but the same to pay both the said Defendant
and the said Estes have entirely failed & refused & still refuse to the
damage of the said plaintiff $50 therefore he sues etc. Coalter & Irvine
attos pro. Qr....

Page 225
And on the trial Docket of said Court the following is wrote. And now
said plaintiff by his attorney signs Judgment for want of a plea or
Demurer this 29th Aug’t 1825. Coalter & Irvine atto. Pro. plf. P. Ward Clk.

And said cause continued until this term to wit the April term and being
the 13th day of April 1826. Came the parties by their attornies &
defendants saying nothing in bar or preclusion of the Plaintiff’s
action. It is therefore considered by the Court that the plaintiff
recover against said defendants the sum of one hundred & sixty Dollars
the debt in the Declaration mentioned together with the further sum of
sixteen dollars damages sustained by reason of the detention of sd debt
also his costs in this behalf expended.

Page 225

#1230
James L. Armstrong assignee etc. vs Campbell & Elms

The State of Alabama Circuit Court for Lauderdale County

This day personally appeared before the undersigned Clerk of the Circuit
Court for said County David Hubbard agent for the aforesaid James L.
Armstrong & having prayed that a writ may issue from this office against
said defendants holding them to bail doth make oath that the same is
founded on a note 26th January 1825 due on the 4th instant for the
payment of two hundred & forty nine dollars which sum is yet due as
appears from said note the said Hubbard doth further make oath that the
same is not sued out for the purpose of vexing or harrassing said
Defendant. Sworn to and subscribed before me this 22nd March 1825. D.
Hubbard. Test P. Ward Clk.

Capias to wit.
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 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
instant to answer James L. Armstrong, assignee of Ezekiel K. Hudnell of
a plea that they render to him two hundred & forty nine Dollars which to
him they owe and from him detain 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 first Monday after the fourth Monday
in March instant. Witness Presley Ward Clerk of our said Court at office
this 22nd day of March 1825 and of American independence the forty ninth
year. Issued 22nd day of March 1825. Test. P. Ward Clk

Cause of action to wit.
This action is founded on a promissory note made by the Defendants
(under the signature of Campbell & Elms) dated 26th January 1825 due on
or before the 4th day of March 1825 for the payment of the sum of Two
hundred & forty nine Dollars to E. K. Hudnell who on 31st January 1825
assigned said note to the plaintiff for value rec’d said note is due and
unpaid. Bail required as per affidavit filed for $269 in Clerk’s office.
D. Hubbard P. Q.

Return to wit. Came to hand 22nd March 1825 executed on the defendants &
delivered them a Copy of the within March 23rd 1825. J. N. Baker shff by
his Deputy A. W. H. Clifton

Page 227
At the April term of said Court and being the 15th 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.

Declaration filed 2nd June 1825 to wit.
The state of Alabama Circuit Court for Lauderdale County April term for
1825.
James L Armstrong, assignee of Ezekiel K Hudnell by attorney complains
of William M Campbell & Daniel Elms in trade under the firm of Campbell
& Elms of a plea that they render to him two hundred & forty nine
Dollars which to him they owe & from (him) detain etc. for that said
Defendants on the 26th day January 1825 in Lauderdale County aforesaid
made their promissory note of that date by the stile of their firm &
here shewn to the Court wherein they promised on or before the fourth
day of March next thereafter to pay Ezekiel K. Hudnell (by the
description of E. K. Hudnell) the just and full sum of two hundred &
forty nine dollars and afterwards to wit on the 31 January 1825 in the
county aforesaid the said Ezekiel K. Hudnell assigned said promissory
note to the plaintiff of which the said defendants then & there had
notice by means whereof they became liable to pay said sum of $249
Dollars to the said plaintiff.

Yet said defendants, although often requested have not as yet paid said
plaintiff said sum of $249. or any part thereof nor did they pay the
same or any part thereof to said E K Hudnell before notice of said
assignment but the said sum of $249 to the plaintiff to pay they the
said defendants have failed & refused & still refuses to the plaintiff’s
damage one hundred dollars, wherefore he sues D. Hubbard, P. Q. and on
said declaration is the following plea to wit.

Page 228
Campbell & Elms vs James L. Armstrong ) In Debt

This day came Campbell & Elms (Defts) by William B. Martin their
attorney & defends the wrong & injury when & where & say that they do
not owe to the said plaintiff the sum of money in said plaintiff’s
declaration demanded or any part thereof in manner & form as the said
plaintiff hath in his within declaration thereof complained against them
& of this they put themselves upon the Country etc. W. B Martin atto for
plf.. And the plaintiff doth the like. Hubbard P. Q.

Bail bond to wit.
The state of Alabama Lauderdale County.
Know all men by these presents, that we Wm M Campbell, Danl Elms and A.
Buchanan are held and firmly bound unto Joseph N. Baker Sheriff of
Lauderdale County or his assignment in the just and full sum of $498
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 23rd day of March 1825. The condition of
the above obligation is such that the said A. Buchanan hath undertook in
behalf of the said Em. M. Campbell & Danl Elms to be their special bail
in an action now instituted in the Circuit Court of said County of
Lauderdale wherein James L. Armstrong is plaintiff and Campbell & Elms
Defendants and in case said Campbell & Elms should be cast in the action
they shall pay & satisfy the condemnation of the Court or surrender
their bodies in custody of the sheriff of said County or that the said
A. Buchanan will do it for them. Given under our hands and seals this
day and date above written. Wm M. Campbell (Seal) Daniel Elms (Seal) A.
Buchanan (Seal)

I, Joseph N. Baker Sheriff of the County of Lauderdale do hereby assign
the within obligation and condition to J. L. Armstrong Ass. etc. 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 Mar. 1825. J N. Baker Shff By his Deputy A W H
Clifton

And said cause continued until this term and being the 13th day of April
1826 Came the parties by attorney & the Defendants withdraw their plea
by them heretofore pleaded & say nothing in bar of the plaintiffs action
whereby they remain wholly undefended. It is therefore considered by the
Court that the plaintiff recover of the Defendants $249. the debt in the
Plaintiff’s declaration mentioned & the sum of $21.84 damage sustained
by reason of the detention of said debt besides his costs about his suit
in this behalf expended.

Page 230

#1235
James L. Armstrong Ass. etc vs Thomas McDonald ) Case

The State of Alabama
To the Sheriff of Lauderdale County Greeting:

You are hereby commanded to take the body of Thomas McDonald 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 L.
Armstrong assignee of Lemuel Hensley of a plea of trespass on the case
on promises to his damage three 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 25th day of
March 1825 and of American independence the forty ninth year. Issued
25th day of March 1825. Test P Ward, Clerk

This action is founded on an instrument in writing signed by the
defendant dated 16th Oct 1824 wherein he promised on or before the 25
December next there after to pay Lemuel Hensley on order two hundred
dollars in Tennessee or Huntsville Bank notes for value received said
writing was on the 19th January 1825 assigned by said Hensley to the
plaintiff for value rec’d said defendant has failed to comply with his
said promise in consequence of which failure this suit is brought. No
bail required. D. Hubbard P. Q.

Return to wit. Came to hand March 25th 1825 executed the same day & year
by leaving a Copy of the within with the defendant. J. N. Baker Shff By
his deputy N. H. Marks.

At the April term of said Court and being the 15th 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.

Declaration filed 2nd Sept 1825 to wit.
The state of Alabama Lauderdale County)
Circuit Court April term for 1825.
James L Armstrong assignee of Lemuel Hensley by his attorney complains
of Thomas McDonald in custody etc. of a plea of trespass on the case
etc. on promises. For that said defendant on the 16th day of October
1824 in the county aforesaid made his certain promise in writing wherein
he promised on or before the 25th day of December next there after to
pay Lemuel Hensley on Order two hundred dollars in Tennessee or
Huntsville Bank notes for value received which said note is signed with
his said defendant’s name by the signature of Those McDonald & here
shewn to the Court & the same was then & there delivered to said Hensley
who afterwards on the 19th January 1825 in the County aforesaid assigned
the same to the said plaintiff to demand sue for & recover the __ of
said defendant amount of said writing.

Page 232
Yet said defendant not regarding his said promise & undertaking in this
behalf but contriving & fraudulently intending craftily & subtilly to
deceive & defraud said Plaintiff would not keep & perform his said
promise & undertaking but hath broken the same in this to wit that he
hath not at any time pay said plaintiff said sum of Two hundred dollars
in Huntsville or Tennessee Bank notes according to the tenor & effort of
said writing, or in any other way or manner nor did he pay the same to
said Hensley at any time before he had notice of said assignment but his
said promise to keep & perform hath hitherto failed & refused & still
refuses to the plaintiff’s damage three hundred dollars wherefore he
sues etc. D Hubbard P. Q.

Page 233
And on the trial Docket of said Court is wrote a Judgment signed for
want of plea or Demurrer 17th Sept 1825. D. Hubbard P. Q

Demurrer filed 19th September 1825 to wit

Thos. McDonald vs Jas. L. Armstrong

And now said defendant comes & defends the wrong & injury when etc and
says that the said declaration and the matters & things therein
contained in manner & form as the same are above stated & set forth are
not sufficient in law for the said plaintiff to have or mention his
aforesaid action thereof against him said defendant and that he the said
defendant is not bound by the law of the land to make any answer thereto
and this he is ready to verify wherefore for want of a sufficient
declaration in this behalf said defendant prays judgment etc. Coalter &
Irvine for Deft.

And said cause continued until this term to wit the April term and being
the 13th day of April 1826 came the by attorney & the defendants
withdraws his plea by him heretofore pleaded & says nothing in barr of
the plaintiff’s action & remains wholly undefended. It is considered by
the Court that the plaintiff recover of the Defendant such damages as
the plaintiff has sustained by the nonperformance of the promises in the
plaintiff’s declaration mentioned whereupon came a jury of good & lawful
men to enquire thereof to wit

Page 234

Reuben White
Larkin Hendrix
Josiah Thornton
William Hickman
Edward Conaway
Uriah Nannie
Charles L. Crowe
Lewis Edwards
Benjamin Haygood
Zebulon Jenkins
Moses Wright
William Winborn

who being elected tried & sworn the truth to speak upon this writ of
enquiry of damage herein awarded upon their oaths do say that they find
for the plaintiff and asess his damages to one hundred & eighty five
dollars & fifty cents whereupon it is considered by the Court that the
plaintiff recover of the defendant the damages aforesaid by the Jury
assessed together with his costs in this behalf expended.

Page 234

#1192
Susannah Wood vs Hugh Campbell & Edmund Harrison

The State of Alabama
To the sheriff of Lauderdale County Greeting.

You are hereby commanded to take the bodies of Hugh Campbell & Edmund
Harrison 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 the present month to
answer Susannah Wood of a plea that they render unto her the sum of
Sixty dollars which to her they owe & from her unjustly detain to her
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 the present month Witness
Presley Ward Clerk of our said Court at office the 2nd day of September
1824 and of American independence the forty 9th year Test P Ward Clk.
Issued 2nd day of September 1824.

Cause of action to wit this action of debt is founded on a writing
obligatory executed by the Defendants on the 1st day of February 1820
for the payment of sixty dollars twelve months thereafter payable to the
plaintiff by the discription of Suzannah Wood Admr of Josiah Wood
deceased the whole of which appears to be due & unpaid. No bail
required. Wm B & P. Martin attos for Plff

Return to wit
Came to hand 6th Sept 1824 D. W. McKee D.S. Executed on E. Harrison by
delivering him a Copy of the within writ 6th Sept 1824. Hugh Campbell
not found in my County Sept 29th 1824. J. N. Baker Shff By his deputy A
W H Clifton. Alias capias to wit.

The state of Alabama
To the sheriff of Lauderdale County Greeting
You are hereby commanded as heretofore you have been commanded to take
the bodies of Hugh Campbell & Edmund Harrison 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 Susannah Wood of
a plea that they render unto her the sum of Sixty Dollars which to her
they owe & from her unjustly detain to her damages one 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 22nd day of October 1824 and of American independence the forty
ninth year. Issued 22 day of October, 1824. Test P. Ward Clerk.

Page 236
Cause of action to wit. This action of Debt is founded on a writing
obligatory executed by the Defendants on the 1st day of February 1820
for the payment of Sixty Dollars twelve months thereafter to the
plaintiff by the discription of Susannah Wood Amr of Josiah Wood
deceased the whole of which appears to be due & unpaid. No bail
required. Wm. B. & P Martin attos for Plff

Came to hand 25th Octr 1824 Executed on the defendants by delivering a
copy of the within write 28 January 1825. J. N. Baker Shff By his Deputy
D. W. McKee.

At the April term of said Court and being the 15th day of April 1825. On
motion it is ordered that the time of 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 26th August 1825 to wit.
The state of Alabama Lauderdale County Circuit Court April term A.D. 1825
Susannah Wood by her attorney complains of Hugh Campbell & Edmund
Harrison defendants in custody of the Sheriff etc. of a plea that they
render unto her the sum of Sixty Dollars which to her they owe & from
her unjustly detain etc. For that whereas heretofore to wit on the 1st
day of February in the year of our Lord 1820 at to wit in the County
aforesaid the said Defendants made their certain writing obligatory
sealed with their seals & now to the Court shown the date whereof is the
same day & year last aforesaid wherein & whereby they bound themselves &
promised twelve months after the date last aforesaid to pay to the said
plaintiff by the description of Susannah Wood Admr of Josiah Wood
deceased the aforesaid sum of sixty dollars for value received.

Yet said defendants although often requested so to do hath not (nor hath
either of them) as yet paid to said plaintiff said sum of sixty dollars
in said writing obligatory specified or any part thereof, but to pay the
same, or any part thereof to said plaintiff said Defendants have at all
times hitherto wholly failed & refused & still do refuse to the damage
of said plaintiff one hundred dollars & therefore she sues etc. Wm. B. &
P Martin attos for Plff

Hugh Campbell & Edmund Harrison ads Susanna Wood)
And now said Defendants by their attorney come and defends the wrong &
injury when etc. and say actio non etc. because they say that they said
defendants after the day on which sd writing obligatory became due and
before the commencement of this suit to wit on the day __ at to wit in
the County of Lauderdale aforesaid well & truly paid said sum of money
in said writing obligatory specified together with all interest then due
thereon according to the tenor & effect of the said writing obligatory
and this they are ready to verify wherefore they pray Judgt sci actio
etc.. Coalter & Irvine atto. Pro deft.

And said cause continued until this term to wit the April term and being
the 12th day of April 1826. Came the parties by their attornies & the
defendants withdraw their plea & say nothing in bar or preclusion of the
plaintiff’s action against them. It is therefore considered by the court
that the plaintiff recover against the defendants the sum of sixty
dollars the debt in the plaintiff’s declaration mentioned together with
the further sum of twenty four dollars & ninety six cents damages
sustained by the plaintiff by reason of the detention of sd debt also
her costs about her suit in this behalf expended etc.

Page 238

#1090
Weaver & Spear vs Michael Fox ) Case

The State of Alabama Lauderdale County

This day came William S. Fulton agent for Alva Spear and Jacob M Weaver
trading under the firm of Weaver & Spear and makes oath that Micheal Fox
stands justly indebted to the said Weaver & Spear in the sum of five
hundred & eighty three dollars & forty two cents the balance due upon an
open account. Bail is required for said sum of $583.42 not to vex or
harrass said defendant but to secure the sum due William S Fulton agent
& attorney for Weaver & Spear. Sworn to & subscribed before me this 16th
day of September 1824.
P Ward Clk Circuit Court

Capias to wit.
The state of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of Michael Fox 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 first Monday in
September 1824 to answer Alva Spear and Jacob M. Weaver Merchants and
partners in trade trading under the firm of Weaver and Spear of a plea
Trespass on the Case to their damage eight hundred dollars.

Herein fail not and have you this writ at the office of the clerk of
said Court three days previous to the first Monday in September next
1824. Witness Presley Ward Esq Clerk of our said Court at office the
16th day of September 1824.

This action of assumpsit is brought by the plaintiff against the
Defendant to recover of him the amount due by the defendant to the
plaintiffs upon an open account, the balance due amounting to five
hundred and eighty three Dollars forty two cents for goods wares &
Merchandise etc. sold & delivered by the plaintiffs to the defendant and
which balance appears to be due & unpaid. Bail required for said sum as
per affidavit filed this 16th September 1824. P Ward Clk.

Return to wit.
Came to hand 16th September 1824 Executed and left a Copy of the within
with the Defendants and the said Defendants delivered to the Jailor and
sheriff of Lauderdale County September 16th 1824. J N Baker shff by his
deputy N H Marks

At the October term of said Court and being the 16th day of October 1824
Ordered by the Court that sixty days after the rise of this Court be
allowed plaintiffs to file their declarations and thirty days thereafter
for defendants to file pleas etc.

On the trial docket of said court is the following to wit, and now said
defendant signs Judgt of non suit for want of a declaration this 28th
Mrch 1825. D. Hubbard P. Q. P. Ward Clk

And said cause continued until this term to wit the April term and being
the 10th day of April 1826 Came the plaintiffs & dismisses this suit. It
is therefore considered by the court that the defendant recover against
the sd plaintiff his costs in this behalf expended etc..

Page 241

#1091
Weaver & Spear vs Michael Fox ) Case

The State of Alabama Lauderdale County.

This day came William S. Fulton agent for Alva Spear and Jacob M. Weaver
trading under the firm of Weaver & Spear and makes oath that Michael Fox
stands justly indebted to them Weaver & Spear in the sum of two hundred
and eighty nine dollars with interest from the 1st day of May 1824 due
to the plaintiffs by the Defendant’s note for said sum. Bail is required
for said $289. not to vex or harrass sd defendant but to secure the
same. William S. Fulton agent & attorney for Weaver & Spear. Sworn to &
subscribed before me this 16th day of September 1824. P Ward Clk Circuit
Court.

Capias to wit
The state of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of Michael Fox 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 first Monday after the
fourth Monday in September 1824 to answer Alva Spear and Jacob M. Weaver
Merchants and partners in trade trading under the firm of Weaver & Spear
of a plea that he render to them the sum of two hundred and eighty nine
dollars which to them he owes and from them unjustly detains to their
damage eighty dollars.

Herein fail not and have you this writ at the office of the Clerk of
said Court three days previous to the first Monday in September 1824.
Witness Presley Ward Esq. Clerk of our said Court at office the 16th day
of September 1824 and of American independence the forty ninth year.
Test P Ward Clk. Issued 16th day of September 1824.

Cause of action to wit.
This action is founded on a note executed by the defendant to the
plaintiffs for the sum of two hundred and eighty nine dollars, with
interest from the 1st day of May 1824 which sum appears to be due and
unpaid. Bail required for said sum as per affidavit filed in my office
this 16th Sept. 1824. P. Ward, Clk.

Return to wit.
Came to hand 16th September 1824. Executed and left a copy of the within
with the defendant and the said defendant delivered to the Jailor and
sheriff of Lauderdale County September 16th 1824. Joseph N Baker shff by
his deputy N H Marks.

At the October term of said Court and being the 16th day of October 1824
Ordered by the court that sixty days after the rise of this court be
allowed plaintiffs to file their declarations and thirty days thereafter
for defendants to file pleas etc.

On the trial Docket of said Court is the following to wit. And now said
defendant signs judgment of non suit for want of a declaration this 28th
March 1825. D. Hubbard P. Q.
P Ward Clk

Declaration filed 14th April 1825 to wit
The state of Alabama Lauderdale County
Circuit Court September term 1824

Alva Spear and Jacob Weaver merchants and partners in trade trading
under the stile and firm of Weaver & Spear by attorney complain of
Michael Fox in custody etc. of a plea that he render to them the sum of
two hundred and eighty nine dollars which to them he owes & from them
unjustly detains for that whereas, the said Michael Fox at Richmond viz
in Lauderdale County aforesaid on the 29th day of October 1823 made his
promissory note of that date, signed with his name & here to the Court
shewn whereby he promised six months after date to pay to Jacob Weaver &
Alva Spear on order without offset, negotiable & payable at the Farmer’s
Bank of Virginia at Lynchburg two hundred & eighty nine dollars value
received. Yet the said Michael Fox altho. often requested, hath not paid
to the said Weaver & Spear or either of them the said sum of Two hundred
& eighty nine Dollars at the Farmer’s Bank of Virginia of Lynchburg or
at any other place but the same to pay to them or either of them hath
hitherto wholly neglected & refused and still doth refuse to their
damage eighty dollars & therefore suit is brought. William S. Fulton
atto for plf..

And this cause continued until this term to wit the April term and being
the 10th day of April 1826. Came the parties by their attornies & the
defendant by his attorney sets aside the judgment of non suit taken
against the plaintiff & saying nothing in Bar or preclusion of the
plaintiffs against him It is considered by the Court that the plaintiff
recover against said Defendant the sum of two hundred & eighty nine
dollars the debt in the declaration mentioned together with thirty three
dollars & 20 cents damages sustained by the plaintiff for the detention
of his sd debt also his costs in this behalf expended etc.

Page 244

#1234
James Bass & William Elder for use of James Bass vs Dudley Brown ) Debt

The State of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of Dudley Brown 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 in March instant to answer James Bass & William Elder who
sue for the use of James Bass Junior of a plea that he render to them
the sum of three hundred & nineteen dollars twenty eight cents which to
them he owes & from them unjustly detains to their damages two hundred
dollars. ... Presley Ward Clerk of our said Court at office this 21st
day of March 1825 and of American independence the forty ninth year.
Issued 21st day of March 1825. Test P. Ward Clerk.

This action is founded on a record of the Supreme Court of Errors &
appeals (fourth Judicial circuit of the state of Tennessee held at
Nashville on the third Monday in July in July 1822 whereby James Bass &
William Elder recovered Judgment for the use of James Bass Junior
against said Dudley Brown for the sum of $259.50 debt & damages together
with $12 costs which were adjudged to said plaintiffs in the Circuit
Court of Rutherford County in the state aforesaid and which was affirmed
in the said supreme Court and the further sum of $47.78 damages & costs
which was adjudged to said plaintiffs on the affirmance of said Judgment
by said Supreme Court which damages & costs of Supreme Court has been
discharged by the Bail. No bail required. Coalter & Irvine attos Pro. Qr.

Return to wit
Came to hand 21st March 1825. Executed 24th March 1825 by delivering a
copy of the within writ to the defendant J N Baker shff by his deputy D.
W. McKee At the March term of said Court and being the 15th day of April
1825. On motion it is ordered that the time of 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 26th day of August 1825
State of Alabama Lauderdale County. Circuit Court March term 1825
James Bass & William Elder (who sue for the use of James Bass Jnur) by
attorney complain of Dudley Brown in custody etc. of a plea that he
render to them the sum of three hundred & nineteen dollars twenty eight
cents which to them he owes & from them unjustly detains for that
whereas at a circuit court began & held for the county of Rutherford at
the court house in the town of Murfreesborough on the third Monday in
August 1821 the said plaintiffs by the Judgment of the said Court
recovered against the said defendant as well the sum of Two hundred &
fifty dollars for his debt as the sum of nine dollars & fifty cents for
his damages which he had sustained by reason of the detention of said
debt together with the sum of twelve dollars for his costs & charges in
that behalf expended whereof the said defendant is convicted the record
and proceedings of which said Judgment so as aforesaid recovered with
all things touching the same afterwards to wit, on the 7th day of
January 1822 by virtue of a certain writ of the state of Tennessee for
correcting Errors of and upon said Judgment directed to the Judge of the
said Circuit court at the prosecution of the said defendant was sent &
had before the supreme Court of Errors & appeals held at the court house
in Nashville in the fourth Judicial Circuit in the State of Tennessee
aforesaid: that afterwards to wit on the 5th day of July 1822 at a
supreme Court began & held for the fourth Judicial circuit of the state
of Tennessee aforesaid held at Nashville aforesaid It was considered and
adjudged by the supreme court aforesaid that the said Judgment of the
said circuit court in form aforesaid be in all things affirmed and that
the plaintiffs for the use aforesaid recover of said defendant their
debt damages & costs recovered & affirmed in said Supreme Court and that
they also recover from said defendant and Portland Curle & Samuel
Maxwell his securities for prosecuting his said writ of Error thirty two
dollars forty three cents for the damages said plaintiffs sustained by
reason of the delay of the execution of the Judgment aforesaid together
with the further sum of fifteen Dollars thirty five cents for their
costs & charges by them expended in defending said writ of error in said
supreme Court of errors & appeals as by the record now remaining in the
office in the Clerk of said Supreme Court at Nashville in the fourth
Judicial Circuit of the state of Tennessee aforesaid to wit in the
County of Lauderdale aforesaid more fully appears which said Judgment
still remains in said Supreme Court to wit in the county last aforesaid
in full force strength and effect not in any wise reversed vacated paid
off or satisfied in any manner whatsoever whereby an action hat accrued
to said Plaintiffs to demand & have of & from the said defendant the
debts damages costs & charges aforesaid amounting to the sum aforesaid
of three hundred & nineteen Dollars twenty eight to wit at in the County
of Lauderdale aforesaid. Nevertheless the said Defendant although often
requested hath not paid the sum of money last aforesaid or any part
thereof to the said plaintiffs but to pay the sum or any part thereof
hath entirely failed & refused and still doth refuse to the plaintiff’s
damage two hundred dollars therefore he sues etc. Coalter & Irvine attos
Pro. Qr. pleas filed 3rd September 1825 to wit.

Page 248

Pleas
Dudley Brown ads James Bass & Wm. Elder
Circuit Court Apl term 1825

And now said defendant by his attorney comes & defends the wrong &
injury when where etc. & says the plaintiff’s aforesaid their action
aforesaid to have & maintain against him ought not because he says that
there is not any record of the supposed judgement against him said
defendant remaining in full force & effect of record in the supreme
Court in the state of Tennessee for the said sum in the said plaintiff’s
declaration claimed & mentioned in manner & form as the said plaintiff
hath therein alledged & complained against him said defendant is ready
to verify wherefore he prays judgment etc. Wm B Martin atto for Deft.

Replication & issue Coalter & Irvine atto.
And for further plea in this behalf said defendant says said plaintiff’s
actio. non. etc. because he says there never did any writ of fieri
facias or capias adrespondendum issue on said supposed judgment in said
declaration sued on & mentioned at any time within 12 months next after
the end of the term of the Court at which the same was obtained whereby
said judgment became & was as yet is of no force & effect whatsoever &
this said defendant is ready to verify wherefore he prays Judgment etc.
Wm. B. Martin for Deft

And said defendant comes & craves oyer of a copy of said supposed
judgment etc. in said Plaintiff’’s declaration mentioned. Wm. B. Martin
for Deft.

And said cause continued until this term to wit the April term & being
the 15th day of April 1826.

This day came the parties by attorney and on motion of said Plaintiff to
strike out the paper filed as said defendant’s second plea in this
behalf and on argument thereon It is considered by the Court that said
paper so filed as aforesaid is entirely frivolous it is therefore
ordered by the Court that the same be stricken out and issue being
joined on the first plea by said defendant filed in this behalf and the
record being seen & inspected by the Court It is the opinion of the
Court that there is such record of the proceedings as set forth in said
declaration in all things good & sufficient. It is therefore considered
by the Court that the said Plaintiffs recover against said defendant the
sum of three hundred & nineteen Dollars twenty eight cents the debt in
the declaration mentioned and the sum of seventy four dollars damages
for its detention together with the costs in this behalf expended.

Page 250

#1256
Alexander Wooton vs Robert Bradon ) Debt

The State of Alabama
To the Sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of Robert Bradon 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
Alexander Wooton of a plea that he render unto him the sum of seventy
one 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 fourth Monday
in March instant. Witness Presley Ward Clerk of our said Court at office
this 21st day of March 1825 and of American independence the forty ninth
year. Issued 21st day of March 1825. Test P. Ward Clerk

This action of debt is founded on a promissory note for seventy one
dollars made by the defendant on the fourth day of June 1824 payable to
the plaintiff on or before the 1st day of October next after said date
the whole of which is due & unpaid. No bail required. Wm B & P Martin
attos for Plff.

Return to wit.
Came to hand 21st March 1825 executed on the defendant by delivering him
a Copy of the within writ March 29th 1825. J N Baker shff by his Deputy
N. H. Marks

And at the April term of said Court & being the 15th 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.

Declaration filed 24th August 1825 To wit.
The State of Alabama Lauderdale County Circuit Court April term 1825.
Alexander Wooton by his attorney complains of Robert Bradon in custody
of the sheriff etc. of a plea that he render unto him the sum of Seventy
one Dollars which to him he owes & from him unjustly detains etc. For
that wheras heretofore to wit on the 4th day of June in the year of our
Lord 1824 at to wit in the County aforesaid the said Robert defendant
made his certain promissory note in writing of that Subscribed with his
own hand & name & which is now here to the Court produced wherein &
whereby he promised on or before the first day of October next after
said date of said note to pay to said plaintiff the aforesaid sum of
Seventy one Dollars for value received. Yet said Defendant altho often
requested so to do, hath not as yet paid to said plaintiff the aforesaid
sum of Money or any part thereof to said plaintiff the said defendant
hath at all times 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 Plff.

And said cause continued until this term to wit the April term and being
the 14th day of April 1826. Came the parties by their attornies & the
Defendant saying nothing in bar or preclusion of the plaintiff’s action
against him. It is therefore considered by the Court that the plaintiff
recover against the said defendant the sum of Seventy one __ the debt in
the plaintiff’s declaration mentioned together with the further sum of
eight dollars & seventy two cents damages sustained by the plaintiff for
the detention of his said debt also his costs in this behalf expended.

Page 252

#1260
Thomas McKissack, Admr vs Isaac Hudson & Others ) Debt

The State of Alabama Lauderdale County

You are hereby commanded to take the bodies of Isaac Hudson, Thomas
Hanie & John McKissack 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 first Monday after the fourth Monday in
March instant to answer Thomas McKissack sole Administrator of Wilson
Jones deceased in a plea that they render unto him the sum of one
hundred & sixty one dollars fifty cents which to him they owe and from
him unjustly detain to his damage one hundred dollars. Herein fail not
and have you this writ at the office of said Court three days previous
to the first Monday after the fourth Monday in March inst. Witness
Presley Ward Clerk of our said court at office the 22nd day of March
1825 and of American independence the 49 year. Test P. Ward Clk. Issued
22nd day of March 1825.

Cause of action to wit
This writ is issued upon a note under seal executed by Isaac Hudson,
Thomas B. Hainie and John McKissack to Thomas McKissack and Edward J.
Bailey Administrators of Wilson Jones deceased on the 30th of December
1818 and payable on the 25th Decr thence next ensuing for the sum of one
hundred & sixty one dollars & fifty cents. Harris attorney No Bail
required. Harris attorney.

Return to wit
We John McKissack & Thomas B. Hainie acknowledge of the within writ this
15th day of March 1825. Those B. Hainie John McKissack came to hand 28th
March 1825. Executed 30th March 1825 on Isaac Hudson & delivered him a
Copy of the within. Hainie & McKissack not found in my County. J N Baker
Shff by his deputy A W H Clifton.

At the April term of said Court and being the 15th 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 254
Declaration filed to wit
State of Alabama Lauderdale County
Circuit Court March term 1825

Thomas McKissack sole Administrator of the estate of Wilson Jones
deceased complains of Isaac Hudson, Thomas B. Hainie & John McKissack in
custody etc. of a plea that they render unto him the sum of one hundred
and sixty one dollars and fifty cents which to him they owe & from him
unjustly detain. For that the said Isaac Hudson, Thomas B. Hainie & John
McKissack by the names & discription of Isaac Hudson, Those B. Hainie &
John McKissack heretofore to wit on the 30th of December 1818 in the
County of Lauderdale aforesaid made and executed to said plaintiff & one
Edward J. Bailey by the name & discription of Thomas McKissack & Edmond
J Bailey Administrators of Wilson Jones decd their certain writing
obligatory commonly called a Bill single, their own proper hands and
seals being thereunto subscribed which said writing obligatory is to the
Court now here shewn the date whereof is the day & year aforesaid by
which said writing obligatory they the said defendants bound themselves
& then and there promised to pay on the twenty fifth day of December
next ensuing the aforesaid date of sd writing obligatory unto Thomas
McKissack & Edmond J. Bailey on their order the sum of one hundred &
sixty one dollars & 50 cents the hire of a negro man Willis & his wife
Feby with two children until the 25th day of December thence next
ensuing. And the said plaintiff doth aver, that, after the execution of
sd writing obligatory by said defendants as aforesaid to wit on the __
day of __ in the year __ at a Court of pleas & Quarter sessions holden
for the County of Giles in the state of Tennessee (to wit in the County
of Lauderdale aforesaid) in which said Court Letters of Administration
had been granted said plaintiff & said Edmond J Bailey jointly upon the
estate of said Wilson Jones deceased said Edmond J Bailey was by the
judgment aforesaid Court & in pursuance of the laws of the state of
Tennessee removed from the administration of the estate of sd Wilson
Jones deceased and said plaintiff constituted the sole administrator of
said estate as by the records of said Court remaining in the Clerk’s
office thereof at Pulaski (to wit in the County of Lauderdale aforesaid)
will more fully and at large appear. by reason whereof a right accrued
to said plaintiff solely to demand & have of said defendants the debt in
writing obligatory aforesaid specified. Nevertheless said plaintiff doth
aver, that said defendants did not on the 25th of December next ensuing
the aforesaid date of the aforesaid writing obligatory or at any other
time pay either to him or the said Edmond J Bailey the aforesaid sum of
$161.50 cents the debt in the writing obligatory aforesaid specified or
ay part thereof; but to pay the same, though often requested hitherto
altogether have refused & still do refuse to the damage of sd plaintiff
of one hundred dollars & therefore he sues. Harris & Dawson P. Q.

Page 256
Pleas to wit.
Lauderdale Circuit Court March Term 1825
Those McKissack vs Isaac Hudson, Thos. B. Hainie & John McKissick

And now said Defendants come & defend the wrong & injury when etc. and
craves oyer of the endorsement on the original writ in this cause & they
are read to them in the words & figures following to wit “This writ is
founded upon a note under seal executed by Isaac Hudson, Thomas B.
Hainie & John McKissick to Thomas McKissick & Edmond J? Bailey
Administrators of Wilson Jones dec’d on the 30th Dec’r 1818 and payable
on the 25th Dec’r thence next ensuing for the sum of one hundred & sixty
one dollars fifty cents. Harris attorney. No bail required.” Came to
hand 25th March 1825. Executed 30th March 1825 on Isaac Hudson &
delivered him a copy of the within. Hainie & McKissick not found in my
county. J. N. Baker shff By his Deputy A. W. H. Clifton.

They also craves oyer of the writing obligatory in the plaintiff’s
declaration mentioned & it is read in the words & figures following to
wit “on the twenty fifth day of December next we promise to pay unto
Thomas McKissick and Edmond J. Bailey Administrators of Wilson Jones
deceased on their order the sum of one hundred & sixty one dollars fifty
cents for the hire of a negroe man Willis and his wife Feby with two
children until the 25th day of December next ensuing In witness whereof
we have hereunto set our hands & seals this 30th day of December 1818.
Isaac Hudson (Seal) Those B. Hainie (Seal) John McKissick (Seal) “ Test”
which being read & heard said defendants pray Judgment of said writ &
declaration & that the same may be quashed because they say that said
original writ issued against all three of said defendants that it was
returned? & not found as to two of them to wit, McKissick & Hainie & the
declaration filed against all as if in custody & this they are ready to
verify.

Wherefore they pray judgment of said writ & declaration & that the same
may be quashed. And for further plea in this behalf said defendants come
& further defend the wrong & injury when etc. & pray judgment of said
original writ & declaration & that the same may be quashed because they
say said note is & was made & executed to two several obligees, to wit,
Thomas McKissick & Edmond J Bailey & that the plaintiff’s writ &
declaration on said note is in behalf of Thomas McKissick only & this
they are ready to verify wherefore they pray judgment of said original
writ & declaration & that the same may be quashed. Coalter & Irvine atto
for the defendants.

And said cause continued until this term to wit, the April Term and
being the 14th day of April 1826 came the parties by their attornies and
after argument of counsel upon the plaintiff’s demurrer to the
Defendants plea in abatement being heard & understood by the Court. It
is considered by the Court that said demurrer be overruled & that the
said plea sustained and that this suit abate and the defendants recover
against the plaintiff their costs about their defence in this behalf
expended.”