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

Page 258

#1112
James L. Armstrong vs Wm. Whitsett ) Debt

The State of Alabama
to the Sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of William Whitsett 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 James L. Armstrong of a
plea that he render to him one hundred & ninety two dollars & fifty
cents which to him he owes & from him detains to his damage one hundred
dollars, herein fail not, and have you this writ at the office of the
Clerk of said Court three days previous to the 1st Monday after the 4th
Monday in September next. Witness Presley Ward Clerk of our said Court
at office the 12th day of August 1824 and of American independence the
forty ninth year. Test P. Ward Clk. Issued 12th day of August 1824.

Cause of action to wit.
This action is founded on a writing obligatory executed by the defendant
on the 22 May 1823 wherein he promised to pay the plaintiff on order on
or before the first day of January 1824 one hundred & ninety two dollars
& fifty cents for value received. No Bail required. D. Hubbard P. Q.

Return to wit.
I acknowledge service of the within writ & promise to go to trial in the
same manner as if were endorsed. Executed by the Sheriff this 13th
August 1824. Wm Whitsitt. Test M. C? MacKenzie.

Order to wit
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.

Declaration filed 6th January 1825 to wit
The state of Alabama Lauderdale County
Circuit Court October term 1824
James L Armstrong by his attorney complains of William Whitsett in
custody etc. of a plea that he render to him one hundred & ninety two
dollars & fifty cents which to him he owes and from him detains etc. For
that said defendant on the 22 day of May 1823 in the County aforesaid
made his writing obligatory of that date sealed with his seal & here
shows to the court wherein he promised on or before the first day of
January 1824 to pay the plaintiff on order one hundred & ninety two
dollars & fifty cents for value received. Yet said defendant although
often requested hath not at any time whatever paid said plaintiff said
sum of $192. dollars & fifty cents but the same to pay hath hitherto
failed & refused & still refuses to the plaintiff’s damage one hundred
dollars wherefore he sues. D Hubbard P. Q. Deft pleads payment. George
Coalter Atto.

On the trial Docket of said Court is wrote the following Judt by default
for want of plea or demurrer 12th Sept 1825. D Hubbard P Q

And said cause continued until this term to wit the April term and being
the 11th day of April 1826. Came the plaintiff by his attorney & the
defendant withdrawing his plea in this behalf is undefended. It is
therefore considered by the Court that the plaintiff recover against the
said defendant the sum of sixty nine dollars and twenty three cents the
balance of the debt in the declaration mentioned together with the
further sum of nine dollars 21 cents damages sustained by the plaintiff
for the detention of said debt also his costs in this behalf expended.

Page 260

#1082
John D. Spain vs John Harris ) Covenant

The State of Alabama
To the sheriff of Lauderdale Greeting:

You are hereby commanded to take the body of John Harris 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
4th Monday in September next to answer John D Spain of a plea of
Covenant broken to his damage one hundred dollars. Herein fail not and
have you this writ at the office of the Clerk of said Court three days
previous to the 1st Monday after the 4th Monday in September next.
Witness Presley Ward, Clerk of our said Court at office the 21st day of
August 1824 and of American independence the forty ninth year. Test P.
Ward Clk. Issued 21st day of August 1824.

This action of covenant is brought to recover damages of the defendant
for failing to pay the Plaintiff fifty dollars in Tennessee or
Huntsville Bank notes due by the defendant’s writing obligatory to the
Plaintiff dated the 3rd day of July 1823 and made payable one day after
the date thereafter. No Bail required. P. Ward Clk.

Return to wit.
Came to hand 21st August 1824. Executed 24th August 1824 by delivering a
copy of the within writ to the defendant. J. N. Baker Shff By his deputy
D. W. McKee

Order to wit
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.

Declaration filed 12th February 1825 to wit.
The state of Alabama Lauderdale County, Circuit Court term 1824.
John D. Spain by his attorney complains of John Harris in custody of the
sheriff etc. of a plea of covenant broken etc.. For that whereas
heretofore to wit on the 3rd day of July in the year of our Lord 1823 at
to wit in the County aforesaid the said John Harris (Defendant) by his
certain Covenant in writing signed with his name & sealed with his seal
which is now here to the Court produced, covenanted, promised & bound
himself one day after the date thereof as aforesaid to pay to the said
plaintiff the sum of fifty dollars in Tennessee or Huntsville Bank notes
either of which said kind of Bank notes said Plaintiff avers to have
been at the time of the payment thereof & yet & from thence hitherto to
be equal in value to the sum of fifty dollars.

And the said plaintiff avers that after the making of said promise &
Covenant as aforesaid by said defendant & after the said sum of fifty
dollars in Tennessee or Huntsville money became due & was payable to wit
at in the County aforesaid & according to the tenor & effect of said
covenant, he the said defendant altogether failed & refused to keep &
perform said covenant by him made as aforesaid but hath broken the same
in this that is to say that he said defendant did not pay to said
plaintiff the aforesaid sum of fifty dollars or any part thereof in
Tennessee or Huntsville Bank notes or in Tennessee & Huntsville Bank
notes or in either Tennessee or Huntsville Bank notes or in any other
manner & means howsoever or in any kind of Money whatsoever; but
altogether failed & refused so to do, & so the said plaintiff in fact
says said defendant hath not kept & performed his said Covenant by him
made as aforesaid according to the tenor & effect thereof but hath
broken the same to the damage of the said plaintiff one hundred dollars
& therefore he sues etc.. Wm. B. & P. Martin attos. for plf.. Oyer
craved & covenant performed C(oalter) & Irvine atto for Deft.

Page 263
Plea
John Harris vs John D. Spain

And now said defendant by attorney comes and defends the wrong and
injury when etc. and craves oyer of the writing obligatory in the
plaintiff’s declaration mentioned which is read to him in words &
figures following to wit “One day after date I promise to pay John D.
Spain the sum of fifty dollars in Tennessee or Huntsville Bank notes as
witness my hand and seal this 3rd day of July 1823. John Harris (his
mark), which being read & heard said defendant says actio non etc.
because he says that on the fourth day of July 1823 the day on which
said writing obligatory became due & was payable said Huntsville &
Tennessee Bank Notes therein specified were at a discount of twenty per
cent which deducted from said sum in said writing obligatory specified
and all interest thereon at the time of the commencement of this action
will make the amount in controversy at the commencement of this action
less than fifty dollars without this the said sum of fifty dollars in
Tennessee or Huntsville Bank notes were worth at the time of payment
thereof or from thence to the commencement of this action fifty dollars
and this he is ready to verify wherefore he prays judgment and that said
plaintiff may be barred from having, or maintaining his aforesaid action
thereof against him etc.. Coalter & Irvine attos Pro. deft.

Demurrer
Martin for Deft. and said cause continued until this term to wit the
April term and being the 10th day of April 1826. This day came the
parties by their attornies & the plaintiff withdraws his demurrer to the
defendant’s plea and suffers a non suit to be entered against him.

It is therefore considered by the Court that the plaintiff be nonsuited
& that the defendant recover against said plaintiff his costs about his
defence in this behalf expended & depart hence etc..

Page 264

#1330
James Irvine Admr vs Geo. W. Stokes ) Debt

State of Alabama Lauderdale County.
This day personally appeared James Irvine administrator of the personal
property of Hugh Hagarty deceased before me Presley Ward Clerk of the
Circuit Court of said County & made oath that to the best of his
knowledge & belief George W. Stokes stands justly indebted to the estate
of said decedent of which he is Administrator as aforesaid in the sum of
one hundred & forty four dollars due by note executed by said Stokes to
said Hagarty deceased and that in a suit this day commenced on said note
he does not require bail for the purpose of vexing or harrassing this
defendant. 28th Febry 1825 James Irvine Test P Ward Clk

The State of Alabama Lauderdale County Greeting:
You are hereby commanded to take the body of George W. Stokes 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
Irvine administrator of all & singular the goods & chattels rights &
credits which were of Hugh Hagarty deceased of a plea that he render to
him the sum of one hundred & forty four dollars which from him he
unjustly detains to his 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 28th day of
February 1825 and of American independence the forty ninth year. Issued
28th day of March 1825. Test P. Ward Clerk.

Cause of action to wit.
This action is founded on a note of hand under seal executed by said
defendant to Hugh Hagarty (by the discription of H. Hagarty, in his
lifetime to wit on the 12th Novr. 1823 for the payment sixty days after
date of one hundred & forty four dollars. Bail required for that sum as
per affidavit filed in office of the Clerk of said Court. George Coalter
atto pro. Qr.

Return to wit
Came to hand 2nd March 1825. Not found 31st March 1825 in my County. J.
N. Baker shff by his Deputy D. W. McKee

The state of Alabama
To the sheriff of Lauderdale County Greeting.
You are hereby commanded as heretofore you was commanded to take the
body of George W. Stokes 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 Administrator of all and singular
the goods & chattels rights & credits which were of Hugh Hagarty
deceased of a plea that he render to him the sum of one hundred & forty
four dollars which from him he unjustly detains to his 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 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 of hand under seal executed by said
defendant to Hugh Hagarty (by the discription of H Hagarty) in his
lifetime to wit on the 12th Nov. 1823 for the payment sixty days after
date of one hundred and forty four dollars. Bail required for that sum
as per affidavit filed in the office of the clerk of said Court. George
Coalter atto Pro Qr

Page 267
Return to wit. Came to hand 3rd May 1825
George W. Stokes not found this 28th of September 1825. M. Harkins shff
by his deputy H. W. McVay

At the April term of said Court and being the 14th day of April 1826
came the plaintiff by his attorney & dismisses his suit. It is therefore
considered by the Court that the defendant recover against said
plaintiff his costs in this behalf about his defence expended & depart
hence, etc.

Page 267

#1209
Nelson P. Jones vs Turner Walston ) Covenant

The state of Alabama
To the sheriff of Lauderdale County Greeting:

You are hereby commanded to take the body of Turner Walston 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 in March next to answer Nelson P. Jones of a plea of
Covenant to his damages six 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 8th day of February
1825 and of American independence the forty ninth year. Issued 8th day
of February 1825. Test P Ward Clerk

Cause of action to wit.
This is an action of Covenant founded upon a writing obligatory executed
by the defendant to the Plaintiff bearing date the 20th day of July 1821
by which he bound himself to pay to the said Nelson P. Jones fifteen
thousand weight of good Merchantable seed cotton on or before the first
day of January 1825. No Bail required. McKinley & Hopkins.

Return to wit.
Came to hand 12th Feby 1825
Executed 22nd Feby 1825 on the Defendant by delivering him a Copy of the
within writ. J. N. Baker Shff by his deputy M. C. Young

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 plaintiff to file
declarations in all cases returnable to the present term and thirty days
thereafter to defendants to plead etc..

Declaration to wit.
State of Alabama Lauderdale County
Nelson P. Jones complains of Turner Walston in custody etc. of a plea of
Covenant broken. For that whereas on the 20th day of February 1821 at
___ in the County aforesaid the said Turner Walston by his writing
obligatory sealed with his seal & now to the Court here shewn the date
whereof is the day & year aforesaid promised & bound himself to pay to
the said Nelson P. Jones Fifteen thousand weight of good Merchantable
seed Cotton on or before the first day January 1825. Yet the said Turner
Walston although often requested so to do & particularly on the __ day
of __ at his real place of residence in the County aforesaid hath not
yet paid to the said Nelson P. Jones said fifteen thousand weight of
good Merchantable seed cotton or any part thereof. So the said Nelson P.
Jones says the said Turner Walston hath not kept & performed his said
Covenant but to keep & perform his said Covenant with him the said
Nelson P. Jones he the said Turner Walston hath wholly failed & refused
& still doth fail & refuse to the damage of the said Nelson P. Jones
$600. therefore he brings his suit etc. McKinley & Hopkins.

Page 269
Plea
State of Alabama Lauderdale County
March Term Circuit Court of Lauderdale County 1826.
Turner Walston ats? Nelson P. Jones.
And now said Turner comes and defends the wrong & injury when etc.. And
says that the said Nelson P. Jones ought not to have and maintain his
action aforesaid because he says that on the __ day of __ at to wit in
the County aforesaid William H. Ragsdale by an original bill in Chancery
filed in the said Circuit Court against Nelson P. Jones praying amongst
other things that the said Nelson P. Jones should be restrained from
collecting, and that the said Turner Walston be enjoined from paying and
delivering said quantity of seed Cotton to the said Nelson P. Jones
mentioned in the Covenant in said declaration. And by virtue of an order
of the Judge of said Court directed to the Clerk thereof an injunction
issued commanding the sheriff of said County to restrain and strictly to
enjoin said defendant from paying over or delivering said seed Cotton
contained in said Covenant mentioned in the plaintiff’s declaration
aforesaid to him said Nelson P. until the maters and things in said bill
filed in said Court should be heard and a decree had in said Court. And
the defendant says that said injunction on the __ day of __ was duly
served on him by the sheriff of said County on him said Turner Walston,
defendant in this action. And he further says, that said injunction is
not dissolved, nor is there any decree had in the premises aforesaid; on
the contrary the same is still pending in said Court entirely undecided
without this he has not kept and performed his covenant in said
declaration mentioned and this he is ready to verify wherefore he prays
judgment etc. Harris & Dawson attos. Pro Deft.

Page 270
Turner Walston vs Nelson P. Jones
Circuit court October term 1826.

And the said defendant by his attos comes & defends the wrong & injury
etc. & says the plf. his aforesaid action to have & maintain ought not
because he says that he the said Dft did pay to the said plf. at the
time & place agreed upon the said quantity of fifteen thousand weight of
Merchantable seed Cotton in the said covenant specified & of this he
puts himself upon the Country. And the said defendant further says that
the said Plaintiff his aforesaid action to have & maintain ought not
because he says that on the 29th of July 1822 William A Ragsdale by his
original Bill in Equity against Nelson P Jones defendant hath obtained
from the Judge of our Circuit court for said County a writ of injunction
in the words & figures following to wit

The state of Alabama
To the sheriff of Lauderdale County Greeting
Whereas William A. Ragsdale by his original Bill in Equity against
Nelson P. Jones defendant hath obtained from the Judge of our Circuit
Court for said County the writ of injunction against said defendant
Turner Walston, Robert Sherrod, William Lassiter & Samuel Bryan & the
said Ragsdale having given bond & security agreeable to the order of
said Judge. You are hereby commanded to injoin the said Turner Walston,
Robert Sherrod, William Lassiter & Samuel Bryan from paying over the
sums hereinafter mentioned to with the said Samuel Bryan $949.30 due by
note from Bryan to Jones the said Robert Sherrod & William Lassiter from
paying over 20000 lbs seed Cotton or any part thereof & a note or notes
executed to Edmund J Bailey & the said Turner Walston from paying over
48,000 lb seed Cotton secured by notes payable to Nelson P. Jones until
the matters & things are heard & a decree made in our Circuit Court next
to be held for the County of Lauderdale at the Court house in the Town
of Florence on the 1st Monday after the 4th Monday in September next.
Witness Presley Ward Clerk of our said Court at office the 29th day of
July 1822 & of American independence the 47th year. J. Irvine D. Clk.
Issued the 29th Test day of July 1822 for P. Ward Clk which the said
defendant is ready to verify wherefore he prays Judgment if the
aforesaid action ought to be had or maintained against him. Harris for Dft.

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 & came
also a jury of good & lawful men viz

Page 272

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

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 four hundred sixty six Dollars. It
is therefore considered by the Court that the plaintiff recover against
said defendant the damages assessed by the jury as aforesaid and his
costs in this behalf expended.

Page 273

#1210
Nelson P. Jones vs Turner Walston ) Covenant

The State of Alabama
to the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the Body of Turner Walston 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 Nelson P.
Jones of a plea of Covenant to his damages six 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 in March next. Witness Presley
Ward Clerk of our said Court at office this 8th day of February 1825 and
of American independence the forty ninth year. Issued 8th day of
February 1825. Test. P. Ward Clerk.

Cause of action to wit.
This is an action of covenant founded upon a writing obligatory executed
by the defendant to the plaintiff bearing date the 20th day of July 1821
by which he bound himself to pay to said Nelson P. Jones fifteen
thousand weight of good merchantable seed Cotton on or before the first
day of January 1824. No bail required. McKinley & Hopkins

Return to wit.
Came to hand 12th Feby 1825 Feby 22nd 1825. Executed on the defendant by
delivering him a Copy of the within write. J N Baker Shff by his deputy
M. C. Young.

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 to wit.
State of Alabama Lauderdale County
Nelson P. Jones complains of Turner Walston in custody etc. of a plea of
covenant broken.
For that whereas on the 20th day of July 1821 at __ in the County
aforesaid the said Turner Walston by his writing obligatory sealed with
his seal & now to the court here shewn the date whereof is the day &
year aforesaid, promised & bound himself to pay to the said Nelson P.
Jones fifteen thousand pounds of good merchantable seed cotton on or
before the first day of January 1824. Yet the said Turner Walston
although often requested so to do, & particularly on the __ day of __ at
the usual place of residence of the said Turner Walston in the County
aforesaid hath not yet paid to the said Nelson P. Jones said fifteen
thousand pounds of good merchantable seed cotton, or any part thereof
according to the tenor & effect of said writing obligatory so the said
Nelson P. Jones says the said Turner Walston hath not kept & performed
his said Covenant but to keep & perform the said covenant with him the
said Nelson P. Jones he the said Turner Walston hath wholly failed &
refused & still doth fail & refuse to the damage of him the said Nelson
P. Jones $600. & therefore he bring his suit. McKinley & Hopkins

Page 275
Turner Walston vs Nelson P. Jones
Circuit Court October term 1825
And the sd Deft by his attorney comes & defends the wrong & injury etc.
& says the plf. his aforesaid action to have & maintain ought not
because he says that he the said Deft did pay to the sd plf. at the time
& place agreed upon the said quantity of fifteen thousand weight of
Merchantable seed cotton in the said Covenant specified & of this he
puts himself upon the Country. And the said Dft further says that the sd
plf. his aforesaid action to have & maintain ought not because he says
that on the 29th of July 1822 William A. Ragsdale by his original Bill
in Equity against Nelson P. Jones defendant hath obtained from the Judge
of our circuit court a writ of injunction in the words & figures following.

To wit.
The state of Alabama to the sheriff of Lauderdale County Greeting:
Whereas William A. Ragsdale by his original Bill in Equity against
Nelson P. Jones defendant hath obtained from the Judge of our Circuit
Court for said County the writ of injunction against said defendant
Turner Walston Robert Sherrod William Lassiter & Samuel Bryun & the said
Ragsdale having given bond & security agreeable to the order of said
Judge. You are hereby commanded to enjoin the said Turner Walston,
Robert Sherrod William Lassiter & Samuel Bryun from paying over the sums
herein after mentioned, to wit the said Samuel Bryun from paying over
$949.30 due by note from Bryun to Jones the said Robert Sherrod &
William Lassiter from paying over 20000 lbs seed Cotton or any part
thereof on a note or notes Executed to Edmond J. Bailey & the said
Turner Walston from paying over 48,000 lb seed Cotton secured by notes
payable to Nelson P. Jones until the matters & things are heard and a
decree made in our Circuit Court next to be held for the County of
Lauderdale at the Court house in the Town of Florence on the 1st Monday
after the 4th Monday in September next. Witness Presley Ward Clerk of
our said Court at office the 29th day of July 1822 & of American
independence the 47th year. Test J. Irvine D. Clk. for P. Ward Clk.
Issued 29th day of July 1822. which the said defendant is ready to
verify wherefore he prays Judgment if the aforesaid action ought to be
had or maintained against him. Harris.

State of Alabama Lauderdale County. March term of the Circuit Court of
Lauderdale County A.D. 1826
Turner Walston vs Nelson P. Jones

And now said Turner comes & defends the wrong & injury when etc. And
says that the said Nelson P. ought not to have and maintain his action
aforesaid against him said Turner because he says That on the __ day of
__ at __ to wit in the County aforesaid William H. Ragsdale by an
original bill in chancery filed in the said Circuit court against Nelson
P. Jones praying amongst other things that the said Nelson P. Jones
should be restrained from collecting and the said Turner Walston be
injoined from paying & delivering said quantity of seed cotton to the
said Nelson P. mentioned in the Covenant in said declaration. And by
virtue of an order of the Judge of said Court directed to the Clerk
thereof an injunction issued commanding the sheriff of said County to
restrain & strictly to enjoin said defendant from paying over or
delivering said seed cotton contained in said Covenant mentioned in the
plaintiff’s declaration aforesaid to him said Nelson P. untill the
matters & things in said Bill filed in said Court should be heard and a
decree had in said Court. And the defendant says that said injunction
was on the day of __ duly served on him said defendant by the sheriff of
said County.

And he further says that said injunction is not dissolved nor is there
any decree had in the premises aforesaid, on the contrary the same is
still pending in said Court entirely undecided & undetermined. Without
this he has not kept & performed his covenant in said Declaration
mentioned. And this he is ready to verify. Wherefore he prays judgment
etc. Harris & Dawson, attos. pro. Deft.

And said cause continued until this term to wit the April term and being
the 15th day of April 1826. Came the parties by their attornies & came
also a Jury of good & lawful men to wit

Page 278

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

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 & assess his damages to four hundred & forty three dollars
seventy 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 278

#1217
Aaron Lancaster vs John Maxcey ) Trespass

The state of Alabama Lauderdale County
This day came Aron Lancaster before me the undersign Clerk of the
Circuit Court for said County and makes oath that he has received
damages to the amount of three hundred dollars by reason of being
falsely imprisoned by John Maxcey and that he does not require bail for
the purpose of vexing or harrassing the said John Maxcey. Aaron
Lancaster. Subscribed & sworn to before me this 21st day of Febry 1825.
P Ward Clk

The state of Alabama
To the Sheriff of Lauderdale County Greeting:
You are hereby commanded to take the boyd of John Maxcey 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 at the Court house
in the Town of Florence on the first Monday after the fourth Monday in
March next to answer Aron Lancaster of a plea of Trespass false
imprisonment to his damages five 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 21st day of
February 1825 and of American independence the forty ninth year. Issued
21st day of February 1825. Test P. Ward Clerk

Cause of Action, to wit
This action is brought to recover damages of the defendant for false
imprisonment of the plaintiff. Bail is required for the sum of three
hundred dollars per affidavit of the Plaintiff filed in my office. P.
Ward Clk

I hereby authorise John Still to serve this Writ according to the
commands thereof. Given under my hand this 21st day of February 1825.
J. N. Baker Shff of Lauderdale Cty

Came to hand 21st February 1825. Executed on the defendant 28th Feby
1825 by delivering him a copy of the within Writ. J. N. Baker shff by
his deputy John Still

Know all men by these presents that we John Maxcey, William Hickman are
held and firmly bound unto Jos N. Baker Sheriff of Lauderdale County or
his assignment in the just and full sum of six hundred 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 28th day of February 1825. The condition of the
above obligation is such that the said William Hickman hath undertook in
behalf of the said John Maxcey to be his special bail in an action now
instituted in the Circuit Court of said County of Lauderdale wherein
Aaron Lancaster plaintiff and John Maxcy defendant and in case said John
Maxcey 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 William Hickman will do it for
him. Given under our hands and seals this day and date above written.
John Maxcy William Hickman

I Joseph N. Baker Sheriff of the County of Lauderdale do hereby assign
the within obligation and condition to Aron Lancaster his Executors and
Administrators to be sued for according to the statue 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 John Still.

At the April term of said Court and being the 13th day of April 1826
Came the plaintiff by attorney who consents to take a non suit. It is
therefore considered by the Court that the said suit be dismissed, and
that the defendant recover against said plaintiff in this behalf
expended and hereof discharged.

Page 281

#1399
Fox & Bourland vs Daniel Job(e) ) Case

The state of Alabama Lauderdale County
This day came Abraham Fox one of the partners of the firm of Fox &
Bourland and makes oath that Daniel Jobe stands justly indebted to them
in the sum of fifty nine dollars 18 3/4 cents due to them by account and
that they the said plaintiffs do not require bail to vex or harrass said
defendant but to secure their debt. Abraham Fox Subscribed & sworn to
before me this 15th December 1825. P Ward Clk.

Capias
The state of Alabama
To the Sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of Daniel Job 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 Abraham Fox and Ballis E Bourland
Merchants, partners and traders, trading under the firm and stile of Fox
and Bourland of a plea of trespass on the case to their damage two
hundred dollars. Herein fail not and have you this writ at the office of
the Clerk of said county three days previous to the 1st Monday after the
4th Monday in March next. Witness Presley Ward Clerk of our said Court
at office the 15th day of December 1825. Test P. Ward Clk.

Cause of action to wit.
This action is founded on an account, by which it appears that the said
defendant is indebted to the said plaintiffs in the sum of fifty nine
Dollars and eighteen and three fourth Cents which is due and unpaid.
Bail is required for said sum as per affidavit filed in the Clerk’s
office. B. W. Edwards pro. plffs.

Return
Came to hand 15 December 1825. Executed the same day & copy of the
within delivered to the defendant & received my feays. M Harkins Shff

At the April term of said Court and being the 15th day of April 1826.
Came the plaintiffs by attorney & say they are unwilling further to
prosecute their suit in this behalf nor is the same further prosecuted.
It is therefore considered by the Court that this suit be dismissed that
the defendant recover against the plaintiffs his costs about his defence
in this behalf expended & depart hence etc..

Page 283

#1397
H. Anderson & Co vs Hezekiah McDole ) Case

The state of Alabama Lauderdale County
This day came Henry Anderson before me Presley Ward Clerk of the Circuit
Court for said County and makes oath that Henry Anderson and George A
Pynchon trading under the firm of Henry Anderson & Co that they have
sustained damages to the amount of eight thousand Dollars on account of
certain goods wares and Merchandise which was delivered to sd defendant
by the plaintiffs and which he fails or refuses to pay or deliver said
plaintiffs. Bail is not required for the purpose of vexing or harrassing
said Defendant but to secure the damages aforesaid. Henry Anderson
subscribed & sworn to before me this 8th day of Nov. 1825 P. Ward Clk.

Capias
The state of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of Hezekiah McDole 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 Henry Anderson and George
A. Pynchon Merchants trading under the firm of H. Anderson & Co. of a
plea of trespass on the case to their damage Ten thousand Dollars.

Herein fail not and have you this writ at the office of the clerk of
said County three days previous to the 1st Monday after the 4th Monday
in March next. Witness Presley Ward clerk of our said Court at office
the 8th day of November 1825 and of American independence the fiftieth
year. Issued 8th November 1825. Test P. Ward Clk

Return to wit.
Came to hand Nov. 29th 1825. Executed the same day and Copy delivered
him of the within writ & defendant in Custody. Proceedings stayed by
plaintiff and cost paid 15 March 1826 & Recd my fease. M. Harkins Shff

* Cause of action to wit.
This action is brought to recover of the within defendant damages
sustained by the within plaintiffs on account of certain goods wares and
Merchandise delivered by the said plaintiffs to the defendant and which
he fails to pay or deliver to them. Bail is required for the sum of
eight thousand dollars. Sworn to by Henry Anderson as per affidavit.
Filed in my office for said sum. P Ward Clk

At the April term of said Court and being the 15th day of April 1826.
Came the plaintiffs by attorney & say they are unwilling further to
prosecute their suit in this behalf nor is the same further prosecuted.
It is therefore considered by the Court that this suit be dismissed &
that the defendant recover against the plaintiffs his costs about his
defence in this behalf expended & depart etc..

Page 285

#1079
Alexander Barker vs Nathan Boddie ) Case

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

You are hereby commanded to take the body of Nathan Boddie 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
Lauderdale County at the Court house in the town of Florence on the
first Monday after the fourth Monday in September next to answer
Alexander Barker of a plea of Trespass on the case to his damage five
hundred dollars. Herein fail not and have you this writ at the Clerk’s
office of said Court three days previous to the first Monday after the
fourth Monday in September next. Witness Presley Ward Clerk of our said
Court at office this 5th day of August A.D. 1824 & forty ninth year of
American independence. Issued 5th day of August 1824. Test P. Ward Clk.

Cause of action to wit.
This is an action of a assumpset founded on a promissory Note made by
the defendant (Boddie) payable to the plaintiff on demand the 1st day of
January 1824 & dated 27th July 1824 payable as expressed in Common
current money (in common currency) the whole of which is due & unpaid.
No Bail required. Wm B.& P. Martin attos for plf.

Return to Wit
Came to hand August 5th 1824. Executed 10th August 1824 and delivered a
Copy of the within to the defendant. J.N. Baker Shff by his deputy D. W.
McKee.

(Note in margin): 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 to defendants to file pleas etc..

Declaration filed 12th Feb. 1825 to wit.
The state of Alabama Lauderdale County Circuit Court __ Term A D 1824
Alexander Baker by his attorney complains of Nathan Boddie in custody
etc. of a plea of trespass on the case etc for that whereas heretofore
to wit on the 27th day of July in the year of our Lord 1824 at to wit in
the County of Lauderdale aforesaid the said defendant (Boddie) made his
certain promissory note in writing, his own proper name being thereto
subscribed bearing date the day & year last aforesaid & thereby then &
there promised to pay to the said plaintiff the sum of two hundred &
fifty eight dollars & 67 cents Common current (thereby meaning common
currency) of this County aforesaid on demand the first day of January
1824 (thereby meaning that said sum of two hundred & fifty eight dollars
& 67 Cents was & had been demandable & payable the 1st day of January
1824 & then & there to wit on the said 27th day of July 1824 in said
County delivered said promissory note to the said Plaintiff, which said
promissory note is now here to the Court produced. By means whereof & by
force of the statutes 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 promissory note specified according to the tenor & effect
of said promissory note & 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
promissory note specified according to the tenor & effect thereof. Yet
the said defendant not regarding his said promise & undertaking by him
made as aforesaid, but contriving & fraudulently intending craftily &
subtilly to deceive & defraud the said plaintiff in this behalf hath not
as yet paid to said plaintiff the aforesaid sum of Money in common
currency of said County or otherwise howsoever as in said promissory
note Specified according to the tenor & effect thereof although often
requested so to do, but to pay the same, or any part thereof to the said
plaintiff hath hitherto wholly failed & refused & still doth refuse to
the damage of said plaintiff five hundred dollars & therefore he brings
his suit etc. Wm. B & P. Martin attos for plf..

And said cause continued until this term to wit the April term and being
the 10th day of April 1826. This day came the plaintiff by his attorney
& 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 said defendant Judgment by default. That a
jury be forthwith empannelled to enquire of damages in this cause
whereupon came a jury of good & lawful men to wit

Page 288

William White
Charles Best
Nathan Wommack
John S. Allen
John Holtsowser
James Hutton
Anthony Armstead
James Penny
Jesse Winborn
Jessee T. Scruggs
William Lassiter
Henry Mitchell

who being duly elected tried & sworn well and truly to enquire of the
plaintiff’s damages in this cause, upon their oath do say, that they
assess the damages of the plaintiff to two hundred & fifty five dollars.
It is therefore considered by the Court that the plaintiff recover
against said defendant the damages aforesaid assessed by the jury as
aforesaid, also his costs in this behalf expended etc..

Page 288

#1396
T & J Kirkman vs John Austin ) Debt

The state of Alabama Lauderdale County
This day came Thomas Kirkman Jr. before me the undersigned Clerk of the
Circuit Court for said County and makes oath that John Austin is
indebted to the firm of T. & J. Kirkman the sum of Eighty one dollars
thirty four cents being a balance due on a promissory note of the said
John Austin to them besides interest thereon. Said promissory note is
dated the 1st day of January 1825 and made payable one day after date.
Bail is not required to vex or harrass said defendant John but to secure
their debt. Tho Kirkman Jr. Subscribed & sworn to before me this 23rd
day of March 1826. P Ward Clk.

The state of Alabama
To the sheriff of Lauderdale County Greeting
You are hereby commanded to take the body of John Austin 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 instant to answer Thomas Kirkman and James Kirkman
Merchants and partners trading under the firm of T. & J. Kirkman of a
plea that he render to them the sum of one hundred and sixty three
dollars thirty four cents which to them he owes & from them detains to
their damage Sixty dollars. Herein fail not and have you this writ at
the office of the Clerk of said County three days previous to the first
Monday after the 4th Monday in March instant. Witness Presley Ward,
Clerk of our said Court at office the 23rd day of March 1826 and of
American Independence the fiftieth year. Issued 23rd day of March 1826.
Test. P. Ward Clk

Cause of action to wit.
This action is brought to recover of the within named defendant the sum
of one hundred and sixty three dollars and thirty four cents due the
within named plaintiffs by the defendant’s promissory note date the 1st
day of January 1825 and made payable one day after date. There is the
following credits on said note to wit. Jany 7th Recd six dollars & fifty
cents Rec’d fifty dollars Land office Febr. 11th 1825. Cr. By error in
Bill five dollars fifty cents Novr 23rd 1825. Recd twenty dollars the
balance remaining due & unpaid. Bail is required for $81.34 per
affidavit of Thomas Kirkman Jr. filed in my office P. Ward Clk

Return
Came to hand 24th March 1826. executed and a Copy delivered to the
defendant March 1826. M. Harkins Shff.

At the April term of said Court and being the 15th day of April 1826
came the plaintiffs by attorney & say they are unwilling further to
prosecute this suit nor is the same further prosecuted. It is therefore
considered by the Court that this suit be dismissed and that the
defendant recover against the plaintiffs his costs in this behalf
expended & depart hence etc..

Page 291

#1395
T. & J. Kirkman vs Thomas H Alsup ) Debt

The State of Alabama
To the sheriff of Lauderdale Greeting:

You are hereby commanded to take the body of Thomas H. Alsup 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 Inst to answer Thomas
& James Kirkman merchants Partners and traders trading under the stile
and firm of T. & J. Kirkman of a plea that he render to them the sum of
one hundred and sixteen dollars and ninety two cents which to them he
owes and from them unjustly detain to their damage One hundred dollars.
Herein fail not and have you this writ at the Clerk’s office three days
previous to the 1st Monday after the 4th Monday in Sept. Inst. Witness
Presley Ward Clerk of our said Court at office this 23rd day of Sept.
1825 and of American Independence the 50th year. Issued 23rd day of
September 1825. Test P. Ward Clk.

Cause of action to wit.
This action is brought to recover of the defendant the sum of one
hundred and sixteen dollars and ninety two cents due on a promissory
note executed by the defendant by the name and stile of Thos. H. Alsup
to the Plaintiffs made payable one day after the date thereof and dated
1st day of January 1825. No Bail required. D. Hubbard Pro Plff.

Return
Came to hand 23rd of September 1825. Thos. H. Alsup not found this 28th
September 1825. M. Harkins Shff by his deputy H. W. McVay.

Page 292
Alias Capias
The state of Alabama.
To the sheriff of Lauderdale County Greeting:
You are hereby commanded as before you was to take the body of Thomas H.
Alsup 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 Thomas & James
Kirkman Merchants partners & trading under the stile and firm of T. & J.
Kirkman of a plea that he render to them the sum of One hundred and
sixteen dollars and ninety two cents which to them he owes and from them
unjustly detains to their damage on hundred dollars.

Herein fail not and have you this writ at the office of the Clerk of
said County three days previous to the 1st Monday after the 4th Monday
in March next. Witness Presley Ward Clerk of our said Court at office
the 10th day of November 1825 and of American independence the fiftieth
year. Issued 10th day of November 1825. Test P. Ward Clk

Cause of action to wit.
This action is brought to recover of the defendant the sum of one
hundred and sixteen dollars and ninety two Cents due on a promissory
note executed by the Defendant by the name and style of Thos. H. Alsup
to the plaintiffs made payable one day after the date thereof and dated
1st day of January 1825. No Bail required. D. Hubbard pro. plf.

Return to wit.
Came to hand the same day it issued the within Cap’s not served by order
of Those Kirkman this 10th Decr 1825. 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 plaintiffs by attorney & say they are unwilling further to
prosecute their suit in this behalf. Nor is the same further prosecuted.
It is therefore considered by the Court that his suit be dismissed &
that the defendant recover against the plaintiffs his costs about his
defence in this behalf expended & depart hence etc..

Page 293

#1336
Henry Bond vs James Irvine ) Debt

The State of Alabama Lauderdale County Circuit Court

This day personally appeared before me Presley Ward Clerk of the circuit
court of said County of Lauderdale James Kirkman agent for the above
named plaintiff (in favor of whom judgment was at the last October term
of this Court rendered against said defendant for the sum of $286.62
1/2/100 dollars debt, the sum of $19 damage & the further sum of sixteen
dollars & forty cents costs) who being duly sworn deposeth & saith that
the said defendants have no property within the knowledge of this
affiant in their possession, and this affiant has just reason to believe
that James Irvine of said County of Lauderdale is indebted to the
defendant Jessee U. Evans or hath effects of said Evans in his hands &
possession. Sworn to & subscribed before me this 25th Novr 1824. James
Kirkman P. Ward Clk

The State of Alabama
To the sheriff of Lauderdale County Greeting:
Whereas Henry Bond plaintiff did at the October term of the Circuit
Court for the County of Lauderdale in the year of our Lord 1824 recover
judgment against Jessee U. Evans, and Jacob Singly for the sum of Two
hundred and eighty six dollars sixty two and a half cents debt, also the
further sum of nineteen dollars being damages therein and the further
sum of sixteen dollars & forty cents for his costs. And oath having been
made before me this day by James Kirkman Agent for the above named
plaintiff that the defendants have no property in their possession
within the knowledge of said Kirkman and that the said James Kirkman has
just reason to believe that James Irvine of Lauderdale County aforesaid
is indebted to the defendant Jessee U. Evans, or hath effects of said
Evans in his hands & possession. These are therefore to command you to
summon the said James Irvine to appear as a Garnishee before the judge
of next Circuit Court to be held for said County at the Courthouse in
the Town of Florence on the first Monday after the fourth Monday in
March next and within the first four days of said Term then & there to
answer upon oath what he is indebted to the said defendant Evans and
what effects of the said defendant Evans he hath in his hands, and had
at the time of the service of this process; What effects or debts of the
defendant Evans there are in the hands of any other and what person to
his knowledge or belief. And have you this writ at the Clerk’s office of
said Court three days previous to the first Monday after the fourth
Monday in March next. Witness Presley Ward Clerk of our said court at
office this 25th day of November A D 1824 and 49th year of American
independence. Issued 25th Novr. 1824. Test P. Ward Clk

Return
Came to hand the 26th Nov. 1824. delivered a Copy to Jas Irvine the same
day. J N Baker shff by his deputy D. W. McKee.

And said cause continued until this term to wit the April term and being
the 14th day of April 1826. Came the plaintiff in proper person &
dismisses his suit. It is therefore considered by the Court that the
defendant recover against sd plaintiff his costs in this behalf expended
& be hereof discharged.

Page 296

#1114
Henry Anderson vs Joseph D. Graves ) Certiorari

Petition

To the honourable Richard Ellis one of the Judges of the Circuit Court
in and for Lauderdale County State of Alabama the petition of Joseph D.
Graves humbly complaining shows to your honour that some time in the
month of June last one Henry Anderson obtained a judgment before one
William S. Fulton acting justice of the peace against your petitioner
for the sum of thirty two Dollars sixty four cents which amount was due
in the common currency of the country by promissory note given the 29th
January 1824. Your petitioner states to your honour that he would have
appealed from the judgment of said justice had he not have believed that
it was rendered for the amount as due by note and that your petitioner
was not otherwise informed untill it was too late for your petitioner to
avail himself of that course. Your petitioner states to your honour that
execution is now out, and that said Anderson in violation of his said
contract now exacts of your petitioner Specie, and your petitioner will
be greatly harrassed and damaged unless your honour will interpose and
grant him the writs of Certiorari and Supersedias commanding directing
etc. that the cause may be heard and that justice may be rendered in the
premises and your petitioner as in duty bound will ever pray etc..
Withers & McVay attos. P. Q.

The state of Alabama Lauderdale County
Before me Saml Harkins an acting justice of the peace in & for the
county aforesaid personally appeared Joseph D. Graves who being duly
sworn deposeth & saith that the within petition is just & true to the
best of his belief & knowledge. Sworn to & subscribed to before me this
the 8th Oct 1824 Attest Saml Harkins J. P.

Bond to wit.
Know all men by these presents that we Joseph D. Graves and William
Whitsett all of Lauderdale County and State of Alabama are held & firmly
bound unto Henry Anderson in the sum of sixty four dollars and twenty
eight cents which money well and truly to be made we bind ourselves and
each of us, our heirs jointly severally firmly by these presents. Sealed
with our seals and dated this 9th day of October 1824. The condition of
the above obligation is such, that whereas the above bound Joseph D.
Graves hath prayed & obtained from the judge of our Circuit Court now
sitting for Lauderdale County at the Court house in Florence the writ of
Certiorari and Supersedeas to stop and try all further proceedings on
the judgment which Henry Anderson before William S. Fulton Esqr. then
acting as a justice of the peace for said County in the month of June
last for the sum of thirty two dollars sixty four cents. Now if the
above bound Joseph D. Graves shall prosecute to effect the certiorari
above prayed and obtained or in case of failure therein to satisfy and
pay all costs, then this obligation to be void else remain in full force
& virtue. Jos. D. Greaves Wm. Whitsitt Test P. Ward Clk.

Super.
The State of Alabama
To the sheriff of Lauderdale County and all sworn officers & to Henry
Anderson his attorney or Agent Greeting.

Whereas Joseph D. Graves hath this day obtained from the judge of our
Circuit Court now sitting for the county of Lauderdale aforesaid the
writs of certiorari and supersedeas & having given bond with security
according to law: You each and all of you are hereby commanded and
strictly forbid to proceed any further on the judgment which was
rendered in favor of Henry Anderson against the said Joseph D. Greaves
in the month of June lasts for the sum of thirty two Dollars sixty four
cents before William S. Fulton then an acting justice of the peace for
said County which appears from the petitioner Jos. D. Graves here filed.
And have you this writ before the judge of our next Circuit Court to be
held for Lauderdale County at the Court house in the Town of Florence on
the Monday after the fourth Monday in March next. And make known how you
have executed this Writ. Witness Presley Ward Clerk of our said Court at
office in Florence this 9th day of October A.D. 1824 and forty ninth
year of American independence. Issued 9th Octo. 1824. Test P. Ward Clk.

Came to hand 10th October 1824 made known to Wm. S. Fulton. Executed
according to the tenor of the within. J. N. Baker shff by his deputy A.
W. H. Clifton

Judgment
At the April term of said Court and being the 11th day of April 1826
came the plaintiff by his attorney & moved the Court to dismiss the
Certiorari in this Cause which motion being argued, It is considered by
the Court that said Certiorari be dismissed & that the plaintiff recover
his costs against said defendant in this behalf expended & that a writ
of procedendo issue to the justice below.

Page 299

#1134
Augustine Smith vs John Donaldson ) Debt

Warrant
The State of Alabama
Lauderdale County

To the Constable or other lawful officer to execute. You are hereby
commanded to summon John Donaldson if to be found in your County to
appear at our next justices Court to be holden on the 3rd Monday of June
next at the Courthouse in Florence to answer Augustine Smith of a plea
of debt for the sum of Forty nine dollars & ninety one 1/2 cents due by
account. Herein fail not and make due return according to law. Given
under my hand and seal this 31st day of May 1824. Alex. H. Wood J P. I
deputize J W Byrn D. Constable Judgment for costs against the plaintiff.
Costs $2.18 3/4 June 21st 1825. Alex. H. Wood. J. P.

Appeal Bond to wit
Know all men by these presents that we Augustus Smith and James Martin
of the county of Lauderdale and state of Alabama are held and firmly
bound unto John Donaldson in the penal sum of Four dollars 37 1/2 cents
for which payment well and truly to be made, we bind ourselves & each of
us, our, and each of our heirs executors etc.. Sealed with our seals and
dated this 28th day of June 1824. The condition of the above obligation
is such, that whereas the above named Augustine Smith did get cast for
the costs in a case wherein he was plaintiff and John Donalson defendant
for the sum of Two dollars 18 3/4 cents the costs in that behalf
expended, at our justices court held on the __ day of June 1824 which
judgment he has prayed an appeal to our next justices Court to be holden
at the courthouse in Florence on the 3rd Monday in July next. Now if the
said Augustine Smith shall abide the decision and pay all such damages &
costs as shall be awarded by the said Court then the above obligation to
be void else remain in full force and effect. Aug Smith James Martin
Witness Alex. H. Wood J. P.

Know all men by these presents, that we John Donaldson and William S.
Fulton are held and firmly bound unto Augustine Smith in the sum of
ninety nine dollars and 83 cents for which payment well and truly to be
made we bind ourselves and each of us our and each of our heirs
executors and Administrators jointly and Severally firmly by these
presents sealed with our seals and dated this 24th day of August 1825.
The condition of the above obligation is such that whereas the above
named Augustine Smith did at our justices Court holden at the Courthouse
in Florence on the 20th day of August 1825 recover a judgment against
the above bound John Donaldson for the sum of ninety nine Dollars 91 1/2
cents with costs of suit to which judgment he hath prayed and obtained
an appeal to our next Circuit Court to be holden for the County of
Lauderdale at the Court house in Florence on the first Monday after the
fourth Monday in March next and hath given William S. Fulton as security
to abide the decision of said Court and pay the defendant all such debt
damages and costs as shall be awarded by said Court, then the above
obligation to be void otherwise to remain in full force and effect. John
Donelson by (Seal) William S. Fulton William S. Fulton (Seal) Witness
Alex. H. Wood J. P. (Seal)

Page 302
Declaration to wit. The state of Alabama Lauderdale County Circuit Court
March term 1826
Augustine Smith by Attorney complains of John Donalson summoned etc.. of
a plea of trespass on assumpsit for this to wit. that the said John
Donalson on the __ day of __ at __ to wit in the County aforesaid was
indebted to the said Augustine Smith in the sum of Forty nine dollars
for work & labour done and performed by the Plaintiff for the Defendant
before that time done at the request of said defendant. And being so
indebted he in consideration thereof promised to pay the same upon
request. Yet said defendant altho. often requested hath never paid the
same to the plffs damage twenty dollars. Coalter & Irvine attos.

Plea to wit. Now assumpsit & issue Hubbard for Deft. And said cause
continued until this term to wit the April term and being the 11th day
of April 1826. Came the parties by their attornies & came also a jury of
good & lawful men to wit

Page 303

William White
Charles Best
Peter F. Armstead
Guthridge Masterson
Hugh B. King
Thomas Bowman
John H Cornish
Miles Britton
James Hutton
Jacob Singly
James Gordon
John Curtis

who being duly elected tried & sworn well & truly to try the issues
joined upon their oath do say the(y) find the issues in favour of the
Defendant. It is therefore considered by the Court that the defendant
recover against said plaintiff the costs about his defence in this
behalf expended & depart hence etc..

Page 303

#977
John D. Tompkins assignee vs John Moors ) Debt

The State of Alabama
To the Sheriff of Lauderdale County Greeting:
You are hereby commander to take the body of John Moors 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
fourth Monday in March next to answer John D. Tompkins assignee of
Solomon Stisher of a plea that he render to him the sum of seventy five
dollars which to him he owes and from him detains to his damage 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
fourth Monday in March next. Witness Presley Ward Clerk of our said
Court at office the 28th day of February 1824 and of American
Independence the forty eighth year. Test P. Ward Clk. Issued 28th day of
February 1824.

Cause of action to wit.
This action is brought by the Plaintiff to recover of the defendant
Seventy five Dollars due by note of hand under seal signed by the
Defendant to Solomon Stisher and dated 27th day of October 1821 and made
payable on or before the 25th of December next (meaning thereafter) for
value Rece.d. Said note was assigned to John D. Tompkins the present
plaintiff the 27th Octo. 1821. the whole of which sum appears to be due
and unpaid. No Bail required. William S. Fulton atto. for plf..

Return to wit.
Came to hand 29th Feby 1824 executed 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
Order to wit. Ordered by the Court that the time of filing declarations
filing pleas & replications, be the same as heretofore in all cases when
the defendant had entered an appearance.

Declaration filed 17th September 1824. Declaration to wit.
The state of Alabama Lauderdale County Circuit Court March term 1824.
John D. Tompkins assignee of Solomon Stisher, by attorney complains of
John Moors in Custody etc. of plea that he render to him the sum of
seventy five dollars which to him he owes and from him detains. For that
whereas on 27th day of October 1821 at the County of Lauderdale the said
John Moors made his promissory note of that date signed with his name
and whereby he promised on or before the 25th of December next
thereafter to pay Solomon Stisher seventy five dollars and which note
further specified, that the said sum might be discharged in good cash
notes due at the same time said note became due, which the said Moors
was to assign to the said Stisher, and the said Solomon Stisher on the
day and year aforesaid at the County aforesaid assigned the said note to
the said John D. Tompkins of which said assignment the said John Moors
had notice by means whereof he became liable to pay the said sum in said
note specified to the said John D. Tompkins. Nevertheless the said John
Moors altho. often requested has not paid to the said John D. Tompkins
the said sum in said note specified nor has he ever paid the same to the
said Solomon Stisher, nor has he ever assigned, to the said Solomon
Stisher nor the said John D. Tompkins good notes to the amount of the
sum in said note specified due on the 25th December 1821 or any time
since, nor has he ever offered to do so; but the said sum in said note
specified he has hitherto wholly neglected & refused to pay either to
the said Solomon Stisher or John D. Tompkins and still doth refuse to
pay the same to the plaintiff to his damage fifty dollars & therefore he
sues etc. William S Fulton atto. for plf...

Page 306
Plea to wit
John D. Tompkins vs John Moore October term 1824 of the Circuit Court
the defendant in the above cause makes oath that as he is informed &
believes a judgt in favor of the plf. who this deponant supposes to be
the assignee of Solomon Stisher for about the sum of seventy five
dollars debt besides interest has been taken against this deponant at
the present term of this Court in which above cause he hath as he
conceives a good defence in this, that said note was given for a gaming
consideration which he will be enabled to prove on the trial & that he
went in sea(r)ch of testimony to prove his defence with a commission to
take depositions but was not able to procure the evidence by said
deposition satisfactorily but has since ascertained that good testimony
can be procured to show the consideration to be as above & he this
deponent did advise his attorney of the above defence. This deponant
further states that the money for which the note was given to secure the
payment of was unfairly won etc.. Therefore prays the judgment nihil
Dicet to be set aside & that he may be permitted to plead to issue. John
Moore. Sworn to in open Court. P Ward Clk

Page 307
At the October term of said Court and being the 4th day of October 1824
came the parties by their attornies and the defendant says nothing in
bar or preclusion of the said plaintiff’s action against him. It is
therefore considered by the Court that the Plaintiff recover against
said defendant the sum of seventy five dollars debt in the declaration
mentioned & sixteen dollars & fifty cents damages sustained by its
detention besides his costs by him about his suit in this behalf
expended etc.. And on the 16th day of October 1824 On motion of the
Defendant by his attorney the judgment nihil Decit taken at this term is
set aside and cause continued until the next term of this Court with
leave given the Defendant to plead etc..

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 & the
defendant saying nothing in bar or preclusion of the plaintiff’s action
against him. It is considered by the Court that the plaintiff recover
against said defendant the sum of Seventy five dollars the debt in the
plaintiff’s declaration mentioned & the further sum of nineteen dollars
& sixty two cents damages sustained by the plaintiff for the detention
of his said debt also his costs in this behalf expended etc..

Page 308

#1069
Joseph D. Greaves vs William Adkinson ) Case

The state of Alabama
Circuit Court of Lauderdale County.
This day personally appeared before me Saml Harkins an acting Justice of
the peace for said County Joseph D. Greaves the above named Plaintiff
who having sued out a writ against said Defendant, doth make oath that
he hath sustained damage by breach of the Defendants warranty amounting
to seventy Dollars, & having required that the Defendant beheld to bail
doth further make oath that the same is not required for the purpose of
vexing or harrassing said defendant. Sworn to & subscribed before me
this 17th July 1824. Jos. D. Greaves Samuel Harkins J Peace (Seal)

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

You are hereby commanded to take the body of William Adkinson 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 4 the Monday in September next to answer Joseph D. Greaves of a plea
of Trespass on the case to his damage one hundred 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 next.
Witness Presley Ward Clerk of our said Court at office the 17th day of
July 1824 and of American independence the forty ninth year. Test P Ward
Clk. Issued 17th day of July 1824.

This action is brought on a breach of Warrenty made by the defendant
wherein he warranted that a certain Gray mare which he sold to Plaintiff
some time in June last past was sound which said mare was unsound & said
Plaintiff having filed an affidavit in the office of the clerk of the
Circuit Court of this County wherein he hath claimed & stated that he
has sustained damage to the amount of seventy dollars. The sheriff will
take bail for that sum. D. Hubbard P. Q.

Sheriff’s return to wit.
Came to hand 19th July 1824. Executed the same day by delivering the
defendant a Copy. J N Baker Shff by his deputy D. W. McKee

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..

Declaration to wit.
The state of Alabama
Circuit Court for April term 1825
Joseph D. Greaves by attorney complains of William Adkinson in custody
etc. of a plea of trespass on the case for that said defendant
heretofore to wit on the __ day of June 1824 in the County of Lauderdale
aforesaid in consideration that the said plaintiff at the special
instance and request of the said defendant would buy of the said
defendant a certain Grey mare at and for a certain price to wit the sum
of __ Dollars to be paid therefor by said plaintiff. He the said
defendant then & there undertook & faithfully promised the said
Plaintiff that the said grey Mare was then & there sound. And the said
plaintiff avers that confiding in the said promise and undertaking of
the said Defendant, he the said Plaintiff afterwards to wit on the day
and year aforesaid afterwards in the County aforesaid did purchase of
said Defendant said Grey mare & did then & there pay said defendant said
sum of __ dollars therefor nevertheless the said defendant contriving
and fraudently intending to defraud & injure the said plaintiff in this
behalf did not regard & perform his said promise and undertaking so by
him made as aforesaid but thereby then & there craftily & subtly did
deceive & defraud the said plaintiff in this to wit that the said Grey
Mare was at the time of the said promise & sale of said Defendant to
said Plaintiff not sound but on the contrary was then & there unsound &
of no value & became of no use or value to said plaintiff & that the
said plaintiff hath been put to great expence in keeping & feeding said
Gray Mare amounting to a large sum of money to wit the sum of __ Dollars
whereby the said plaintiff saith he has been injured & hath sustained
damage to the amount of one hundred Dollars wherefore he brings this
suit. D. Hubbard atto. P. Q.

Non assumpsit & issue McKinley & Hopkins

Bail bond to wit
The State of Alabama Lauderdale County
Know all men by these presents that we William Adkison Jno M Campbell
are held and firmly bound unto J. N. Baker sheriff of Lauderdale County
or his assignment in the just and full sum of one hundred & forty
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 19th day of July 1824. The condition
of the above obligation is such that the said Jno. M. Campbell hath
undertook in behalf of the said William Adekison to be his special bail
in an action now instituted in the Circuit Court of said County of
Lauderdale wherein J. D. Greaves Plaintiff and William Adkison
Defendants, and in case said Adkison should be cast in the action I
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 Adekison
will do it for him. Given under our hands and seals this day and date
above written. Wm Adkison (his mark) (Seal) J. M. Campbell (Seal)

Sheriffs assignment to wit.
I, Joseph N Baker sheriff of Lauderdale County do hereby assign the
within obligation to Joseph D. Graves his assigns, Executors Admrs to be
sued for agreeable to the statue in such cases made & provided. In
witness whereof I have hereunto set my hand and seal 27th Septr 1824. M
N Baker shff by his deputy A. W. H. Clifton (Seal)

And said cause continued until this term to wit the April Term & being
the 10th day of April 1826. Came the parties by their attornies & came
also a jury of good & lawful men
To wit

Page 312

William White
Charles Best
John S. Allen
Nathan Womack
John Holtsowser
James Fulton?
Anthony Armstead
James Penny
Jesse Winborn
Jesse T. Scruggs
William Lassiter
Henry Mitchell

who being elected tried & sworn to try the issues joined and before the
said jurors retired to consider of their verdict the plaintiff suffered
a non suit. It is therefore considered by the Court that the defendant
recover against said plaintiff his costs in this behalf about his
defence expended & depart hence without day & the plaintiff by his
attorney enters a motion to set aside the said non suit. And afterwards
to wit on the 11th April 1826. On motion to set aside non suit after
argument of counsel being heard upon said motion & deliberation
thereupon had by the Court It is considered by the Court that said
motion be overruled.

Page 313

#1065
Simon Marsh assignee vs Isaac Crow, Alfred Casey & Thomas Prewit ) Debt

The State of Alabama Lauderdale County.
This day personally appeared before me Presley Ward Clerk of the Circuit
Court of said County Simeon Marsh and made oath that James Crow Alfred
Casey and Thomas Prewit of said County are justly indebted o him in the
sum of Two hundred & fifty Dollars by a writing obligatory executed by
said Crow, Casey & Prewit on the 7th February 1823 for the payment on or
before the first day of February 1824 of the above sum of $250 to one
Eldridge B. Robertson who assigned the same to said Marsh on the 14th
March 1823 and said Marsh having the day of the date hereof sued out a
writ against the above named obligors for the recovery of said debt doth
make oath that the same is just & due & having prayed that the
defendants be holden to bail doth further make oath that the same is not
sued out for the purpose of vexing or harrassing the said defendant.
Sworn to and subscribed before me this 26th February 1824. Simeon Marsh.
Sworn to this 26th Febry 1824 P Ward Clk.

The state of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the bodies of Isaac Crow, Alfred Casey
and Thomas Prewit 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 4th Monday in Mrch next
to answer Simeon Marsh assignee of E. B. Robertson of a plea that they
render to him two hundred and fifty dollars which to him they owe and
from him detain to his damage Three hundred dollars. Herein fail not and
have you this writ at the office of the Clerk of said Court three days
previous to the 1st after the 4th Monday in March next. Witness Presley
Ward Esq. Clerk of our said Court at office the 26th day of February
1824 and of American independence the forty eighty year. Test, P. Ward
Clk. Issued 26th day of February 1824.

Cause of action to wit.
This action is brought on a writing obligatory executed by the
defendants together with one James Rogan and one Henry Palmer (not here
sued) on the 7th day of February 1823 for the payment on or before the
first day of February 1824 to E. B. Robertson on order of the sum of Two
hundred and fifty dollars value received. Said note was on the 14th day
of March 1823 assigned by said Robertson to the plaintiff who having
this day filed an affidavit with the Clerk of said County making oath
that the above sum of $250 is due and requiring bail. The Sheriff will
therefore hold the defendants to bail for the above amt.
D. Hubbard attorney P. Q.

Return to wit.
Came to hand 28th February 1824 Executed on Isaac Crow took bail bond
and left him a copy on the 17th of March 1824. J. N. Baker shff by his
deputy A. Rose. D. S.
Thomas Prewit not found in Lauderdale County the 23rd March 1824. J. N.
Baker shff by A. Rose D. S.
Executed on Alfred Casey and left him a copy took bail bond the 23rd of
March 1824. J.N. Baker shff by his deputy A. Rose D. S.

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