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

Page 315
Alias capias to wit
The state of Alabama
To the sheriff of Lauderdale County
You are hereby commanded as heretofore you have been commanded to take
the body of Thomas Prewit 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 first Monday after the fourth Monday in September
next to answer Simeon Marsh assignee of E. B. Robertson of a plea that
he render to him two hundred and fifty dollars which to him he owes &
from him detains to his damage three hundred dollars. Herein fail not,
and have you this writ at the office of the clerk of said court three
days previous to the said term. Witness Presley Ward Clerk of our said
Court at office the 2nd day of June A.D. 1824 and of American
independence the forty eighty year. Test. P Ward Clk Issued 2nd day of
June 1824.

Page 316
Cause of action to wit.
This action is founded on a writing obligatory executed by the defendant
together with Isaac Crow, Alfred Casey James Ragan and Henry Palmer
(Ragan and Palmer not 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 the Circuit Court 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 atto. P. Q.

Return to wit
Came to hand 3rd June 1824. Executed July 1st 1824. J. N. Baker shff by
his Deputy
D. W. McKee.

Bail bond to wit.
Know all men by these presents that we Alfred Casey & Samuel Crow are
held and firmly bound unto Joseph N. Baker sheriff of Lauderdale County,
or his assignment the just and full sum of five 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 3rd ? day of March 1824. The condition of the
above obligation is such that the said Samuel Crow hath undertook in
behalf of the said Alphred Casey to be his special bail in an action now
instituted in the Circuit Court of said County of Lauderdale wherein
Simeon Marsh assignee is plaintiff Alphred Casey Defendant. And in case
said Alphred Casey should be cast in the action he shall pay or satisfy
the condemnation of the Court or surrender his body in custody, or that
the said Samuel Crow, will do it for him. Given under our hands and
seals this day and date above written. Alphred Casey (Seal) Samuel Crow
(Seal)

Attest A. Rose, D.S. assignment to wit I, J N Baker sheriff do assign
the within bond and consideration to plaintiff herein named to be sued
for agreeable to the statutes in such cases made and provided. In
witness my hand and Seal this 22nd day March 1824. J.N. Baker shff of
Lauderdale.

Bail bond to wit.
Know all men by these presents that we Isaac Crow and Samuel Crow are
held and firmly bound unto Joseph N. Baker sheriff of Lauderdale County
or his assignment the just and full sum of five 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 17th day of March 1824. The condition of the
above obligation is such that the said Samuel Crow hath undertook in
behalf of the said Isaac Crow to be his special bail in an action now
instituted in the Circuit Court of said County of Lauderdale wherein
Simeon Marsh assignee is plaintiff and Isaac Crow defendant, and in case
said Isaac Crow should be cast in the action he shall pay and satisfy
the condemnation of the Court or surrender his body in custody, or that
the said Samuel Crow will do it for him. Given under our hands and seals
this day and date above written. Isaac Crow (Seal) Samuel Crow (Seal)
Attest. A. Rose D.S.

I, Joseph N. Baker, shff of Lauderdale County do assign the within
obligation to Simeon Marsh the plaintiff therein named to be sued for
according to the statute in such case made and provide witness my hand &
seal this 27th March 1824. J N. Baker by his deputy J W Byrn.

Page 318
Bail bond to wit.
The state of Alabama Lauderdale County
Know all men by these presents, that we Thomas Prewit, Thomas Powers,
Enoch M. Johnston are held and firmly bound unto J. 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 first day of July
1824. The condition of the above obligation is such, that the said
Thomas Powers, E. M. Johnston hath undertook in behalf of the said
Thomas Prewit to be his special bail in an action now instituted in the
Circuit Court of Lauderdale wherein Simeon Marsh assignee plaintiff and
Thomas Prewit defendant and in case said Thomas Prewit should be case 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 Thomas Powers & E. M. Johnston will do it for him. Given under our
hands and seals this day and date above written. Thos. Prewit (Seal)
Thomas Powers (his mark) (Seal), E M Johnston (Seal)

Assignment to wit.
I, Joseph N. Baker sheriff of Lauderdale County do hereby assign the
within obligation and condition to Simeon Marsh assignee his
Administrators Executors etc. to be sued for agreeable to the statute in
such cases made & provided. In witness whereof I have hereunto set my
hand and seal this 29th day of September 1824. J. N. Baker shff (Seal)
by his deputy A. W. H. Clifton.

Order
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..

On the 8th day of October 1824 the plaintiff by attorney filed his
Declaration as follows to wit.
State of Alabama Lauderdale County Circuit Court October Term 1824
Simeon Marsh assignee of Eldridge B Robertson by his attorney complains
of Isaac Crow, Alfred Casey and Thomas Prewit in custody etc. of a plea
that they render to him the sum of Two hundred and fifty dollars which
they owe to and from him unjustly detain. For that said defendants
together with Henry Palmer and James Ragain who are not sued in this
action of the 7th day of February in the year 1823 at the County
aforesaid made their writing obligatory of that date sealed with their
seals and which is here shewn to the Court whereby they bound themselves
to pay to Eldridge B. Robertson two hundred and fifty dollars on or
before the first day of February in the year 1824, and after the making
of said writing to wit on the 4th day of March 1823 at the County
aforesaid the said Robertson assigned the same to the plaintiff of which
said assignment the said defendants then & there had notice before the
said writing was in any part discharged to the said Robertson by means
whereof and by force of the statute in such cases provided the said
defendants became bound to pay said sum of money in said writing
mentioned to the plaintiff & an action hath accrued to the plaintiff to
have said sum of money of said Defendants. Yet said Defendants though
often requested have not nor have either of them paid said plaintiff
said two hundred and fifty dollars or any part thereof, nor have either
of the obligors in said writing who are not sued in this action paid the
same to the plaintiff, but the same to the plaintiff to pay the said
defendants have hitherto wholly failed and refused and they still fail
and refuse to the damage of plaintiff three hundred dollars, wherefore
he sues etc.. D. Hubbard atto. P. Q

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 & says he
is unwilling further to prosecute his suit in this behalf except for
costs. It is therefore considered by the Court that the plaintiff
recover against said defendants his costs in this behalf expended etc..

Page 321

#1067
John Paul, Executor etc. vs William L.? S.? Barton ) Debt

The state of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of William L.? Barton wherever
he may be found in your County and him safely keep, so that you have his
body before the judge of our next Court 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 next to answer John Paul Executor of John
Paul deceased of a plea that he render to him the sum of one hundred &
seventy four dollars seventy five & three fourth cents which to him he
owes & from him unjustly detains to his damage one hundred dollars.
Herein fail not and have you this writ at the office of the Clerk of
said Court three days previous to the said term. Witness Presley Ward
Esq. Clerk of our said Court at office the 26th day of May 1824 and of
American Independence the forty eighth year. Test P. Ward clk, Issued
26th day of May 1824.

Cause of action To wit, This action is founded on a note of hand
executed by the defendant to the plaintiff (as & by the description of
the Executor of John Paul deceased) on the 22nd February 1821 for the
payment of one hundred & seventy four dollars seventy five & 3/4 cents
due twelve months after date. No Bail required. George Coalter atto for
the Plaintiff.

Sheriff’s return to wit
Came to hand 4th of June 1824
Executed by delivering Wm. S. Barton a copy July 7th 1824. J. N. Baker
shff by his deputy D.. W. McKee.

Declaration to wit
On the 14th day of November the plaintiff by attorney filed his
declaration as follows to wit
State of Alabama Lauderdale County
Circuit Court fall Term 1824
John Paul by attorney complains of William S. Barton in custody etc. of
a plea that he render to him the sum of one hundred & seventy-four
dollars & seventy five & three fourth cents which to him he owes & from
him unjustly detains. For that said Defendant (together with C. H. F.?
Briscoe & E. H. D. T. Douglass who are not sued in this action, on the
22nd day of February 1821 at __ to wit in the County aforesaid made his
certain writing obligatory signed with his name sealed with his seal and
to the Court now here shewn bearing date the day and year aforesaid
whereby he said defendant together with sd Briscoe & Douglass promised &
bound themselves jointly or severally twelve months after the date
thereof to pay the Executors of John Paul deceased on order one hundred
& seventy four dollars seventy five & three fourth cents for value rec’d
and the said plaintiff avers that he is the sole & only executor of John
Paul deceased and he brings into court here the last will & testament of
the said John Paul deceased which sufficiently prove the same: Yet said
Defendant altho often requested hath not paid to the plaintiff said sum
of Money above demanded nor have the said Briscoe & Douglass or either
of them but to pay the same hath hitherto wholly failed & refused &
still doth refuse to the damage of said Plaintiff $100 therefore he
sues. Coalter & Irvine attos P. Q.

Demurrer filed 5th September 1825 to wit.
And now said Wm. S. Barton the Defendant by his attorney Wm. B. Martin
comes & defends the wrong & injury when where etc. & says that the said
declaration & the matters & things therein contained as the same are
therein alledged & set forth are not sufficient in Law nor is the said
defendant bound by the law of the land to answer the same & this he is
ready to verify. Wherefore for want of a sufficient declaration in this
behalf said defendant prays judgment etc. Wm. B. Martin for Deft.
Joinder in Demurrer George Coalter atto.

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 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 defendants
Demurrer to the Declaration being argued & by the Court heard &
understood & deliberation thereupon had by the Court It is considered by
the Court that said Demurrer be overuled & that the plaintiff recover
against the defendant the sum of one hundred & seventy four dollars
seventy five & three fourth cents the debt in the Declaration mentioned,
together with the further sum of fifty seven Dollars & sixty cents
damages sustained by the plaintiff for the detention of his debt also
the costs in this behalf expended.

Page 326

#1086
Henry Anderson vs John H. Woodcock ) Case

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

You are hereby commanded to take the body of John H Woodcock 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 of Sept next to answer Henry Anderson of a plea of
trespass on the case 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 28th day of
August 1824 and of American independence the forty ninth year. Test P.
Ward Clk. Issued 28th August 1824.

Cause of action to wit. This action is brought to recover seventy eight
dollars six & a fourth cents the amount of a note executed by Gibson &
Bullard bearing date the 5 the day of July 1822 payable to Eli Sutton on
the first day of December 1822 & by him assigned to said Henry Anderson
& the payment of said note was guaranteed by said John H. Woodcock to
said Eli Sutton on his order. No Bail required. McKinley & Hopkins

Upon the same is the following return to wit
Came to hand August 28th 1824 executed September 6th 1824 by delivering
the within 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.. Declaration to wit State
of Alabama Lauderdale County
Henry Anderson complains of John H. Woodcock in custody etc. of a plea
of trespass on the case. For that whereas on the 5th day of July 1822 at
Florence in the County aforesaid Gibson & Ballard made their certain
promissory note bearing date the day & year aforesaid whereby they
promised to pay to a certain Eli Sutton by the name & description of E.
Sutton the sum of Seventy eight dollars & six & one fourth cents on or
before the first day of December next thereafter. And the said John H.
Woodcock for value recd then & there by his endorsement in writing on
the said promissory note guaranteed the payment of the said sum of money
in the said promissory note specified to the said Eli Suton & then &
there delivered the said promissory note so indorsed to the said Eli
Sutton and afterwards to wit on the __ day of __ in the County aforesaid
said sum of money in said promissory note specified being then wholly
unpaid the said Eli Sutton by his indorsement in writing on the said
promissory note ordered & appointed said sum of money in said promissory
note specified to be paid to the said Henry Anderson by the name &
description of H. Anderson & then & there delivered said promissory note
so endorsed to the said Henry Anderson of which the said John H.
Woodcock then & there had notice. Yet the said Gibson & Ballard did not
nor would when said promissory note became due & payable as aforesaid or
at any other time before or since pay to the said Henry Anderson said
sum of $78.61/3/100 but became wholly insolvent & unable to pay the same
to the said Henry Anderson. By means whereof the said John H. Woodcock,
then & there became liable to pay to the said Henry Anderson said sum of
$78.61/4/100 & being so liable he the said John H. Woodcock afterwards
to wit on the __ day of __ aforesaid upon himself undertook & faithfully
promised to pay to the said Henry Anderson said sum of $78.61/4/100 when
he should be thereunto afterwards requested. Yet the said John H
Woodcock (although often requested) so to do, hath not yet paid to the
said Henry Anderson said sum of $78.61/4/100 or any part thereof: but to
pay the same, he the said John H. Woodcock hath wholly failed & refused
& still doth fail & refuse to the damage of the said Henry Anderson $100
& therefore he brings his suit etc. McKinley & Hopkins

Demurrer to wit
And now said defendant by his attorney comes & defends the wrong &
injury when etc. and says that said plaintiff ought not to have and
maintain his aforesaid action thereof against him because he says that
the Declaration & the matters & things therein contained in manner &
form as the same are above stated & set forth are not sufficient in law
for said Plaintiff to have or maintain his aforesaid action thereof
against him Said defendant & that he is not bound by the Law of the land
to answer the same: wherefore for want of a sufficient declaration in
this behalf the said defendant prays Judgment and that said plaintiff
may be barred from having or maintaining his aforesaid action etc..
Coalter & Irvine for Deft. Joinder McKinley & Hopkins

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’s demurrer to the plaintiff’s declaration being argued & by
the Court heard & fully understood & deliberation had thereupon. It is
considered by the Court that the sd Demurrer be overruled & that the sd
plaintiff recover against the defendant the sum of seventy dollars &
thirty four cents the residue of the debt in the plaintiff’s declaration
mentioned together with the sum of seventeen dollars & seventy five
cents damages sustained by the Plaintiff by the detention of his sd
debt. Also his costs in this behalf expended etc..

Page 328

#1087
Benjamin Seixas vs William M. Burton ) Case

The State of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of William M. Burton 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 o the first Monday
after the 4th Monday in Sept inst to answer Benjamin Seixas of a plea
trespass on the case to his damage five hundred Dollars, herein fail
not, and have you this writ at the office of the clerk of said Court
three days previous to the 1st Monday after the 4th Monday of September
inst. Witness Presley (Ward) Clerk of our said Court at office the 7th
day of September 1824 and of American independence the forty ninth year.
Test P Ward Clk Issued 7th day of September 1824.

Cause of action to wit.
This action is brought to recover damages for the amount of a Bill of
exchange interest & damages drawn by the defendant upon Reuben Burton of
Richmond (written as Richardmond) Virginia in favor of the plaintiff for
the sum of three hundred & eighteen dollars & thirty three cents payable
on the fifteenth day of March 1824 & dated Florence Feb 24 1824 which
Bill has been duly protested for non payment. No Bail required. McKinley
& Hopkins.

Sheriffs return to wit.
Came to hand Sept 7th 1824 A. W. H. Clifton D. S. Executed 10 Sept 1824
on the Defendant by delivering a Copy of the within writ 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..

On the trial Docket of said Court is the following indorsement To wit
And now at this day to wit the 21st September 1825 Came the defendant by
attorney and enters Judgment of non suit for want of a declaration
Coalter & Irvine attos Pro. Deft.

State of Alabama Lauderdale County
Benjamin Seixas complains of William M. Burton in custody etc. of a plea
of trespass on the case. For that whereas on the 24th day of February
1824 at Florence in the County aforesaid the said William M Burton by
the name & description of Wm M Burton made his certain Bill of exchange
in writing bearing date the day & year aforesaid by which he requested a
certain Reuben Burton of Richmond Virginia to pay to the said Benjamin
Seixas the sum of three hundred & eight Dollars & thirty three Cents
value recd on the 15th day of March 1824 & then & there delivered the
said Bill of exchange to the said Benjamin Seixas. And afterwards to wit
on the __ day of __ 1824 at the said City of Richmond to wit in the
County aforesaid the said bill of exchange was duly presented to the
said Reuben Burton & payment thereof demanded, but the said Richard
Burton nor any other person would then or at any time before or since
pay to the said Benjamin Seixas said sum of money in said Bill of
exchange specified or any part thereof of which the said William M
Burton afterwards to wit on the __ day of __ in the County aforesaid had
notice by means whereof the said William M. Burton then & there became
liable to pay to the said Benjamin Seixas said sum of Money in said Bill
specified & being so liable he the said William M. Burton then & there
assumed upon himself undertook & faithfully promised to pay to the said
Benjamin Seixas said sum of $308.33/100 when he should be thereunto
afterwards requested. Yet the said William M. Burton (although often
requested so to do) hath not yet paid to the said Benjamin Seixas said
sum of $3008.33/100 he the said William M. Burton hath wholly failed &
refused & still doth fail & refuse the same to pay to the damage of the
said Benjamin Seixas $500 & therefore he brings his suit. McKinley & Hopkins

Page 231
Plea to wit.
And now said Defendant by attorney comes and defend the wrong and injury
when etc. and prays Judgment of the said writ & declaration because he
says that between the endorsement o the said writ and the declaration
aforesaid there is a material variance in this, that the plaintiff by
the endorsement on the writ aforesaid states his action to be brought to
recover damages for the amount of a bill of exchange interest and
damages drawn by the Defendant on Reuben Burton of Richard-mond Virginia
for the sum of three hundred & eighteen dollars and thirty three cents
in favour of the plaintiff and in declaring he has set out and founded
his said Declaration upon a Bill of exchange drawn by the Defendant on
Reuben Burton of Richmond Virginia in favour of the plaintiff for the
sum of three hundred & eight dollars & thirty three cents. Wherefore for
said variance said Defendant prays Judgment of said writ and declaration
& that the same may be quashed etc.. Coalter & Irvine attos for Deft.

At the April Term of said Court, and being the 10th day of April 1826.
Came the plaintiff his attorney & dismisses his suit. It is therefore
considered by the Court that sd suit be dismissed & that the Defendant
recover against the plaintiff his costs about his defence in this behalf
expended & depart hence without day.

Page 232

#1098
Thomas J Crow vs Wm. C. Bruce ) Debt

The state of Alabama.
This day personally appeared before me Presley Ward Clerk of the Circuit
Court of Lauderdale County, the above plaintiff Thomas J. Crow, who
having sued out a writ the day of the date hereof doth make oath that
the said Wm. C. Bruce stands justly indebted to him in sum of ninety
three dollars by his writing obligatory dated 9th April 1823 for the
payment of $150 twelve months after the date thereof to said Crow. Said
note has credits to the amount of fifty five dollars. The Plaintiff
having required that the defendant be holden to bail, doth further make
oath that the same is not required for the purpose of vexing or
harrassing said defendant. Sworn to & subscribed before me this 11th
September 1824. Those J. Crow. P Ward Clk

The State of Alabama
To the sheriff of Lauderdale County Greeting:
You are hereby commanded to take the body of William C. Bruce 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 first Monday
after the 4th Monday in September inst to answer Thomas J. Crow of a
plea that he render to him One hundred & fifty dollars, which to him he
owes, and from him detains to his damage one hundred dollars. Herein
fail not, and have you this writ at the office of the Clerk three days
previous to the first Monday after the 4th Monday in September instant.
Witness Presley Ward Clerk of our said Court at office the 11th day of
September 1824 and of American independence the forty ninth year. Test P
Ward Clk. Issued 11th day of September 1824.

Cause of action To wit.
This action is founded on a writing obligatory executed on the 9th day
of April 1823 by the defendant to secure to the plaintiff, on order,
twelve months after the date thereof, the sum of one hundred and fifty
dollars for value received. The plaintiff having filed an affidavit in
the office of the clerk of the circuit court, wherein he states that
ninety three dollars is justly due. The Sheriff will take bail to that
amount. D. Hubbard atto. P. Q.

Sheriff’s return to wit.
Came to hand Sept. 11th 1824. Executed September 22nd 1824 by delivering
the defendant a copy of the within. 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 William C. Bruce & Wm Whitsitt are held and
firmly bound unto Joseph N. Baker sheriff of Lauderdale County or his
assignment in the just and full sum of one hundred & eighty six 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 22nd day of September 1824. The condition
of the above obligation is such, that the said Wm. Whitsitt hath
undertook in behalf of the said William C Bruce to be his special bail
in an action now instituted in the circuit court of said County of
Lauderdale wherein Thomas J. Crow is plaintiff and William C. Bruice
defendant and in case said William C. Bruce should be cast in the action
he shall pay and satisfy the condemnation of the Court or surrender his
body in custody of the Sheriff of said County or that the said Wm
Whitsitt will do it for him. Given under our hands and seals this day
and date above written. Wm C Bruce (Seal) Wm. Whitsitt (Seal)

Assignment to wit
I, Joseph N. Baker Sheriff of Lauderdale County do hereby assign the
within obligation & condition to Thomas J. Crow his executors
administrators etc. to be sued for agreeable to the statute in such
cases made & provided. In witness whereof I have hereunto set my hand &
seal Sept 29th 1824. J. N. Baker shff (Seal) 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.

On the 22nd day of March 1825 the plaintiff by his attorney filed his
declaration as follows to wit.
The state of Alabama Lauderdale County
At Circuit Court October Term for the year 1824 Thomas J. Crow by
attorney complains of William C. Bruce in custody etc. of a plea that he
render to him one hundred & fifty dollars which to him he owes & from
him detains etc.. For that said defendant on the 9th day of April 1823
at to wit in the County aforesaid made his writing obligatory of that
date sealed with his seal & here shewn to the Court wherein he promised
twelve months after the date thereof to pay the plaintiff on order one
hundred & fifty dollars for value received. Yet said defendant although
often requested hath not paid said plaintiff said sum of $150. dollars
or any part thereof: but the same to him to pay hath hitherto failed &
refused & still refuses to the said plaintiff’s damage one hundred
dollars therefore the plaintiff sues. D. Hubbard attorney for the plaintiff.

On the trial Docket of said court is indorsed the following. And now
said plaintiff by attorney signs Judgment final for the said defendants
having failed to plead or demur to the plaintiffs said declaration 28th
March 1825 D. Hubbard P. Q. 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 the said defendant the sum
of ninety five dollars & ninety cents the balance of the debt in the
plaintiffs declaration mentioned together with the further sum of
fourteen dollars damages sustained by the plaintiff by reason of the
detention of his said debt - also his costs in this behalf expended etc..

Page 336

#1097
T. & J. Kirkman vs Wm. W. Garrard ) Debt

The State of Alabama Lauderdale County

This day came Thomas Kirkman Jr. and makes oath that William W. Garrard
is justly indebted to the firm of T. & J. Kirkman by note of hand in the
sum of four hundred and eighty three Dollars fifty eight cents with
interest from the 2nd day of Jany 1826. Said note is dated the 1st day
of January 1824 and payable to the sd T. & J. Kirkman one day after the
date thereof. Bail is required by the plaintiffs to secure their debt,
and to to vex or harrass said defendant. Tho. Kirkman Jr.. Sworn to &
subscribed before me this 20th of Septr 1824. P. Ward Clk of Lauderdale
Circuit Court.

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

You are hereby commanded to take the body of William W. Garrard wherever
he may be found in your County and him safely keep, so that you have his
body before the judge of our next circuit (court) to be 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 Thomas Kirkman & James
Kirkman Merchants & partners trading under the firm & style of T. & J.
Kirkman of a plea that he render to them Four hundred & eighty-three
Dollars & fifty eight cents which to them he owes & from them detains to
their damage two hundred Dollars.
Herein fail not, and have you this writ at the office of the Clerk of
said Court three days previous to the 1st Monday after the 4th Monday in
September instant. Witness Presley Ward Clerk of our said Court at
office the 18th day of September 1824 and of American independence the
forty ninth year. Test P Ward Clk. Issued 18th day of September 1824.

Cause of action to wit.
This action is founded on a promissory note made by the Defendant on the
1st day of January 1824 to secure the payment one day after the date
thereof to the plaintiffs of the sum of four hundred & eighty three
Dollars & fifty eight cents value recd said sum is due & unpaid. D.
Hubbard P. Q. Bail is required of the Defendant for the sum of four
hundred and eighty three Dollars fifty eight cents p. affidavit of
Thomas Kirkman Jr in my office filed P. Ward Clk.

Sheriffs return To wit
Came to hand Septr 20th 1824. Executed by delivering the within
Defendant a copy of the within Sept 22nd 1824. J N. Baker 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 William W. Garrard & William
Garrard are held and firmly bound unto Joseph N. Baker sheriff of
Lauderdale County or his assignment in the just and full sum of Nine
hundred & sixty seven dollars 16 cents 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
22nd day of September 1824. The condition of the above obligation is
such that the said William Garrard hath undertook in behalf of the said
William W. Garrard to be his special bail in an action now instituted in
the Circuit court of said County of Lauderdale wherein Thomas Kirkman &
James Kirkman Merchants & partners trading under the firm & style of T.
& J. Kirkman are plaintiffs, and William W. Garrard is defendant, and in
case said William W. Garrard 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 Garrard
will do it for him. Given under our hands and Seals this day and date
above written. W. W. Garrard (Seal) William Garrard (Seal)

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 8th day of October 1824. To wit
The State of Alabama. Lauderdale County To wit Circuit court October
Term 1824 Thomas and James Kirkman Merchants and partners trading in the
Town of Florence, under the Style and firm of T. & J. Kirkman by
attorney complain of William W Garrard in custody etc. of a plea that he
render unto the said Plaintiffs the sum of Four hundred and eighty three
Dollars and fifty eight cents which to them he owes, and from them
unjustly detains. For that the said defendant on the 1st day of January
1824 at the County aforesaid, by his certain note in writing subscribed
with his name under the description of W. W. Garrard and a scroll of the
pen thereunto affixed (and which is now here to the court shown) the
date whereof is the same day and year aforesaid did promise to pay said
plaintiffs, the said sum of Four hundred and eighty three Dollars fifty
eight cents one day after the date of the said note, value received: Yet
the said defendant, although often requested so to do, hath not, as yet,
paid the said sum of money above demanded, to the said plaintiffs or
either of them; but to do the same, hath wholly refused, and still does
refuse to do, to the damage of said plaintiffs, Two hundred Dollars, and
therefore they bring suit. D. Hubbard pro. plf..

Page 340
On the trial Docket of said Court is endorsed the following and now said
said defendant by attorney comes & signs judgment final for the
Defendants failing to plead or demur to Plaintiff’s declaration within
the rules of Court this 9th February 1824. D. Hubbard P. W.

Plea To wit
Lauderdale Circuit Court October Term 1824
And now said defendant comes & defends the wrong & injury when where
etc. & craves oyer of the writing obligatory in the plaintiff’s
declaration mentioned & it read to him in the words & figures following
to wit $483.58 one day after date I promise to pay T. & J. Kirkman the
sum of four hundred & eighty three dollars and fifty eight cents Vale
recd Jany 1, 1824 W. W. Garrard (Seal) which being read & heard said
plaintiff says said Plaintiffs actio non etc. because he says said note
was made to the plaintiffs to secure to them the sum therein named which
was due & owing from said defendant to said plaintiffs on account of
goods, ware & merchandise which was at & before that time sold &
delivered to the Defendant by said Plaintiffs and the Plaintiff avers
that at the date of the sale of said good, wares & merchandise, said
plaintiffs were Merchants & were then & there selling of their goods
wares & merchendise for the Bank paper then in circulation, To wit,
Tennessee & Huntsville Bank paper & that said Defendants were then &
there selling their merchendise with a reference to the depreciation of
said paper currency & at a price which on said sale they esteemed equal
to lawful money and at the sale of the goods by the plaintiffs to the
defendant for which said note was made to accrue such a percent was laid
on the goods so sold in addition to the common or usual proffits as
would make the price equall to lawful money & the plaintiff avers that
before the commencement of this action he well & truly paid to the
plaintiff so much money as was equal to the principal & interest then at
that time due on said note after reducing the amount equal to good &
lawful money by the scale of depreciation proper at the date at which
said note was due & payable which was accepted by said plaintiffs in
full satisfaction thereof & this he is ready to verify etc.. George
Coalter atto pro deft.

Assignment to wit.
I, Joseph N. Baker sheriff of Lauderdale County do hereby assign the
within obligation & condition to Thos. & James Kirkman partners trading
under the Style & firm of T. & J. Kirkman to be sued for agreeable to
the statute in such cases made & provided. In witness whereof I have
hereunto set my hand and seal Sept 29th 1824. J. N. Baker shff (Seal) by
his deputy A W H Clifton.

And said cause continued until this term, to wit the April term and
being the 10th day of April 1826 Came the plaintiffs by their attorney &
say that they wish no further to prosecute this suit but for costs. It
is therefore considered by the Court that the plaintiff recover against
said Defendant the costs about this suit expended & that the same be
dismissed.

Page 342

#979
John Jackson vs William L. Wilson ) Trespass

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

You are hereby commanded to take the body of William L. Wilson 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 1824 to answer John Jackson of a plea
of trespass on the case to his damage Three hundred Dollars. Herein fail
not, and have you this writ at the office of the Clerk of said Court
three days previous to the said term. Witness Presley Ward Esq. Clerk of
our said Court at office the 2nd day of March 1824 and of American
independence the forty eighth. Test P Ward Clk. Issued 2nd day of March
1824.

Cause of action To wit.
This action is brought to recover a Black horse, the property of the
plaintiff valued at one hundred and fifty Dollars, which horse came to
the possession of the defendant, by finding, and which the defendant has
refused to deliver to the plaintiff, and has converted to his own use,
to recover which property, or the value thereof, this suit is brought.
William S. Fulton atto. for plf..

Sheriff’s return to wit.
Came to hand 2nd March 1824
Executed and left a copy with the defendent the same day. J. N. Baker shff
At the October term of said Court and being the 10th day of October
1825. The plaintiff’s counsel enters a motion to amend the writ in this
case as follows Leave is given to amend the original writ in this case
to make it read Trespass on the case instead of trover.

Declaration file 17th September 1824. To wit.
The state of Alabama Lauderdale County. Circuit court March term 1824.
John Jackson by attorney complains of William L Wilson in custody etc.
of a plea of trespass on the case in trover that whereas the said John
Jackson on the __ day of __ in the year 1824 at the County aforesaid,
was possessed of a certain Black horse of the price of one hundred and
fifty Dollars, and being so possessed thereof, afterwards, to wit, the
same day and year aforesaid at Lauderdale County aforesaid casually lost
the said Black horse out of his hands & possession, which said horse
afterwards, to wit, on the __ day of __ in the year last aforesaid came
to the hands and possession of the said William L. Wilson by his finding
the same. Yet the said William L. Wilson well knowing the said Black
horse to be the property of the said John Jackson and of right to belong
to him, but contriving and fraudulently intending craftily & subtilly,
to deceive and defraud the said John Jackson in this behalf, hath not,
although often requested delivered the said horse to the said John: but
on the contrary thereof, he the said William L. afterwards, to wit, on
the __ day of __ in the year 1824 at Lauderdale County aforesaid
converted & disposed of said horse to his own use to the damage of the
plaintiff three hundred dollars & therefore he brings his suit. William
S. Fulton atto. for plf..

The defendant pleads not guilty. At the April term of said Court and
being the 10th day of April 1826. Came the plaintiff by his attorney &
suffers a non suit in this cause. It is therefore considered by the
Court that the defendant recover against the plaintiff his costs in this
behalf expended & depart hence without day.

Page 344

#1212
Richard B. Dallum & Samuel Bowan Admrs vs Henry Garrard ) Debt

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

You are hereby commanded to take the body of Henry Garrard, wherever he
may be found in your County, and him safely keep, so that you have his
body before the judge of our next circuit Court, to beheld 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 Richard B.
Dallum & Samuel Bowan administrators of the goods & chattels rights &
credits of Handley Moore deceased of a plea that he render to them the
sum of ninety nine Dollars which to them he owes & detains to their
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 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 Debt brought upon the record of a judgment of the
Mecklenburg Circuit Court in the State of Kentucky recovered by the said
Handley Moore in his lifetime against the said Henry Garrard as Special
bail for William W.Garrard. No Bail required. McKinley & Hopkins.

Sheriff’s return To wit
Came to hand 12th Feby 1825. Executed Feby 25th 1825 by delivering the
defendant 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. on the trial Docket of said
Court is endorsed the following. And now said defendant by his agent Wm.
W.Garrard comes & signs judgt. of non suits for the failure of said
Plffs to file his declaration this 3rd October 1825. W. W. Garrard.

Declaration to wit.
State of Alabama Lauderdale County
Spring term of Circuit Court 1825.
Richard B. Dallum & Samuel Bowen administrators of the goods & chattels
rights & credits of Handley Moore deceased complain of Henry Garrard in
custody etc. of a plea that he render unto them the sum of ninety nine
dollars which from them he unjustly detains. For that whereas on the 6th
day of March 1820 at the Courthouse in Greenville in the State of
Kentucky before the Honourable Benjamin Shackleford presiding Judge of
the Mecklenberg Circuit Court to wit in the County aforesaid the said
Handley Moore by the consideration & Judgment of the said Court
recovered against the said Henry Garrard the sum of Ninety nine Dollars
above demanded which in & by the said Court were then & there adjudged
to the said Handley Moore for his debt & interest which he had sustained
as well by the non performance by the said Henry Garrard of certain
promises & understandings there lately made by the said Henry Garrard to
the said Handley Moore as for his costs & charges by him about his suit
in that behalf expended. Wherefore the said Henry Garrard was convicted
as by the record & proceedings thereof remaining in the said Court more
fully appears which said judgment still remains in full force & effect
not reversed satisfied or otherwise vacated. And afterwards to wit on
the __ day of __ the said Handley Moore departed this life &
administration of all & singular the goods & chattels rights & credits
of the said Handley Moore were granted to the said plaintiffs as appears
by the letters testamentary which have been ready to produce in Court.
And the said Handley Moore in his lifetime nor the said plaintiffs since
his death have not obtained execution or satisfaction of or upon the
said judgment so recovered as aforesaid whe(re)by by an action hath
accrued to the plaintiffs to demand & have of & from the said Henry
Garrard the said sum of $99 above demanded: Yet the said Henry Garrard
(although often requested so to do) hath not yet paid to the said
Handley Moore in his lifetime nor to the said plaintiffs since his death
said sum of $99 or any part thereof: but to pay to the plaintiffs said
sum of $99 he the said Henry Garrard hath wholly failed & refused &
still doth & refuse the same to pay to the damage of the plaintiffs one
hundred dollars & therefore they bring their suit etc. McKinley & Hopkins.

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 & the
judgment of non-suit is set aside & said defendant saying nothing in bar
or preclusion of the plaintiffs action. It is therefore considered by
the court that the plaintiff recover against said defendant the sum of
ninety nine dollars debt in the declaration mentioned together with
thirty five dollars damages sustained by the plaintiff by reason of the
detention of sd debt & their costs in this behalf expended & plaintiff
stays execution untill after the next term of this Court.

Page 347

#986
Abner Rose Jr. vs Lemuel Rogers ) Case

The state of Alabama Lauderdale County
To the Sheriff of said County Greeting:

You are hereby commanded to take the body of Lemuel Rodgers 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 Florence on the first Monday after the
fourth Monday in March next (inst) to answer Abner Rose Jr. in a plea of
trespass on the case to his damage Seventy five Dollars. Herein fail
not, and have you then there this writ three days previous to the first
Monday after the fourth Monday in March next (inst). Witness Presley
Ward Clerk of our said Court at office the eighth day of March 1824 and
American independence the 48th year. Issued 8th March 1824. Presley Ward
Clk.

Cause of action To wit.
This action is to recover the value of a rifle gun the property of the
plaintiff which the defendant took & converted to his own use to the
damage of the plaintiff seventy five dollars. George Coalter Atto. Pro. Qr.

Sheriff’s return to wit
Came to hand the 8th day of March 1824. Executed the 19th March 1824 &
left a copy with the defendant. J. N. Baker Shff by his deputy James
Coalter.

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 filed 20th May 1824 to wit. State of Alabama Lauderdale
County Circuit Court March term 1824.
Abner Rose by his attorney complains of Lemuel Rodgers in custody etc.
of a plea of For that said plaintiff heretofore to wit on __ at __ to
wit in the County aforesaid was Lawfully possessed of a certain Rifle
gun of great value to wit of $50 as of his own property and being so
possessed thereof he the said plaintiff casually lost the said Gun out
of his possession and the same afterwards to wit on __ aforesaid at __
aforesaid came to the possession of said defendant by finding. Yet said
defendant well knowing the said Gun to be the property of him said
plaintiff and of right to belong & appertain to him, but contriving &
fraudulently intending craftily & subtilly to deceive & defraud the said
plaintiff in this behalf, hath not as yet delivered the said Gun to the
said plaintiff altho. often requested so to do & hath hitherto wholly
refused so to do and afterwards to wit. on the day & year aforesaid at
__ in the county aforesaid, converted the said Gun to his own use to the
damage of the plaintiff seventy five dollars therefore he sues etc.
Coalter & Irvine attos. P. Q.

Plea filed 4th September 1824 to wit.
Lemuel Rodgers ats? Abner Rose, and the said defendant by his attorney
comes & defends the wrong & injury when where etc. & says he is not
guilty of the said supposed grievances laid to his charge in manner &
form as the said Rose (the plf.) hath in his declaration thereof
complained against him & of this he puts himself upon the Country etc.
Wm B Martin atto for the Deft

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 & says he
wishes no further to prosecute his suit in this behalf than for the
costs & came the defendant in his proper person & assumed the sd costs.
It is therefore considered by the court that the said suit be dismissed
& that the plaintiff recover against the defendant the costs aforesaid
assumed & defendant depart hence etc.

Page 350

#1004
Edward Trainor vs Catharine Looney ) Case

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

You are hereby commanded to take the body of Katharine Looney wherever
she may be found in your County and her safely keep, so that you have
her 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 Edward Trainor of a plea
of trespass on the case to his damage Two 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 March
instant. Witness Presley Ward Esq. Clerk of our said Court at office the
6th day of March 1824, and of American Independence the forth 8th year.
Test P Ward clk. Issued 6th day of March 1824.

Cause of action to wit.
This is an action of Trover brought by the plaintiff to recover of the
Defendant damages for converting to her own use a set of Carpenters
tools & other tools for building, consisting of Planes, Saws, Squares,
hammers, Chissells,drawing-knives & howels & axes & Footadzees,
Compasses & files,Jointers etc. etc. too tedious to mention. No Bail
required. Wm B. & P. Martin attos for plf..

Sheriff’s return to wit.
Came to hand the 18th March 1824. Executed the same day & left a copy
with the defendant. J.N. Baker Shff by his deputy James Coalter.

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 filed 4th day of September 1824 to wit
The State of Alabama Lauderdale County Circuit Court March Term 1824.
Edward Trainor by his attorney complains of Katharine Looney in custody
of the Sheriff etc. of a plea of trespass on the case etc. For that
whereas the said plaintiff heretofore to wit on the __ day __ in the
year of our Lord 1824, at, to wit, in the County aforesaid was lawfully
possessed as of his own property of a set of Carpenters Tool & other
Tools for building, to wit ten plains, five saw, four squares, six
hammers, ten chissels, two drawing knives, six howels, four axes, three
foot adzes, four pair of compasses, ten files & ten Jointers of great
value to wit amounting in the whole to the value of Two hundred Dollars
& being so possessed thereof he the said plaintiff afterwards to wit on
the day & year last aforesaid at to wit in the county aforesaid casually
lost the said plains, saws, squares, hammers, chissels, drawing knives,
howels, axes, foot adzeses, Compasses, files & jointers out of his
possession & the same afterwards to wit on the day & year last aforesaid
at to wit in the County aforesaid came to the possession of the said
defendant by finding: Yet the said defendant well knowing the said
plains, saws, squares, hammers, chissels, drawing knives,howels, axes &
foot adzeses, compasses, files & Jointers to be the property of the said
Plaintiff & of right to belong & appertain to him the said Plaintiff but
contriving & fraudulently intending craftily & subtilly to deceive &
defraud the said plaintiff in this behalf hath not as yet delivered the
said plains, saws, squares, hammers, chissels, drawing knives, howels,
axes, footadze es, compasses, files & jointers or any or either of them
or any part thereof to the said plaintiff although often requested so to
do, and hath hitherto wholly refused so to do, & afterwards to wit on
the day & year last aforesaid at to wit, in the County aforesaid
converted & disposed of the said plains, saws, squares, hammers,
chissels, drawing knives, howels, axes, foot adze es, compasses, files &
Jointers to her own use to the damage of the said Plaintiff two hundred
dollars & therefore he sues etc.. Wm. B. & P. Martin attos for Plff.

Deft pleads not guilty. Coalter & Irvine.

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. It is therefore considered by the Court that the Defendant
recover against said plaintiff his costs about his defence, in this
behalf expended and depart hence without day etc..

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