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LAUDERDALE COUNTY, ALABAMA
COURT RECORDS - CHANCERY COURT

MINUTE DOCKET "A"
1839 - 1859

Abstracted 6 Aug 2007
by Milly Wright
Submitted for use on these
pages 12 Aug 2007.

Note: Included are cases of interest that give information on heirs, places of residence, locations of family property, deaths, marriages, divorces, slaves, etc.. Not included are  cases where only the names of those on the docket are given, nor cases that provide no  personal or legal information.


Lauderdale County, Alabama
Minute Docket “A”
June Term 1839 during
May Term 1859

Page 1

In Chancery at Moulton

Gabriel Bumpass vs William Berry & James Berry

Chancery Court at Moulton for the Sixth Chancery District of the
Northern Division of the state of Alabama

June Term 1839
It appearing that the Clerk of the Circuit Court of Lauderdale County,
has failed to send the papers in said cause to the Register of this
Court as required by Law: It is thereupon ordered by the Court that he
be required to send up said papers within thirty days after Service of
this order and that said cause be continued.

December Term 1839
It appearing to the Court that no counsel appear for either party in
said cause; It is thereupon ordered by the Court that said cause be
continued. ...

I, James C Walker, Register of the Chancery Court at Moulton Alabama do
hereby certify that the foregoing contains a true copy and correct
transcript of the orders and proceedings had in said cause in this
court, as taken from the records and proceedings of said court now in my
office. In testimony whereof I have hereunto set my name and seal at my
office in Moulton Alabama this 3rd day of February 1842 and of American
Independence the 66th year. Test. James C Walker, Register

Page 6
Jacob Byler vs Polly Ann Davis, Allison Davis, Ann A Davis

Chancery Court at Moulton Alabama June Term 1839

Came the complainant by his Solicitor, and on his motion It is ordered
that the Register of this Court be appointed Guardian adlitim of Polly
Ann Davis, Allison Davis, and Ann A Davis, infant defendants and that
this cause be set for hearing at the next term of this court and the
same continued. ...

January Term 1842
On motion It is ordered by the Court that this cause be transferred to
the Chancery Court of Lauderdale County.

Page 7
James Jackson vs Andrew J Hutchings et al the heirs of John Coffee dec’d
Chancery Court at Moulton Ala June Term 1839

Came the complainant by his Solicitor & on his motion It is ordered by
the Court that he have leave to amend his said bill of complaint by
making Mary Coffee a party defendant thereto, and that a writ of
subpoena issue against Hutchings & wife, & Mary Coffee & that said cause
be continued.

December Term 1839
Came the parties by their Solicitors, It is ordered by the Court by
consent, that said cause be continued.

June Term 1840
On motion of complainants solicitor, It is ordered by the Court, that
said cause be set for hearing at the next Term with leave to take
depositions, including the deposition of Mary Coffee, a defendant & that
said cause be continued.

May Term 1841
Came the solicitor for the complainant and suggested the death of
complainant, and Andrew J Hutchings. It is therefore ordered by the
Court that the heirs of said complainant have leave to revive said suit
against the heirs of said Andrew J Hutchings and that said cause be
continued.

January Term 1842
On motion it is ordered by the Court that this cause be transferred to
the Chancery Court of Lauderdale County.

I, James C Watkins, Register of the Chancery Court at Moulton Alabama,
do hereby certify that the foregoing contains a true copy & correct
transcript of the orders & proceedings had in said suit, in this
correct, taken from the records and proceedings of said suit, in this
court, taken from the records and proceedings of said Court now in my
office. In testimony whereof I have hereto set my name and affixed my
seal at my office this 3rd day of February 1842 and of American
Independence the 66th year. James C Watkins Register

Page 8
Harriet Andrews vs James Jackson, Percifer F Pearson, John Donaldson,
Robert M Patton et alias

Chancery Court at Moulton, Ala
June Term 1839
Came the parties by their solicitors and the death of Percifer F Pearson
being suggested, It is ordered by the Court that the complainant have
leave to file a bill of revivor against the personal representatives of
said deceased when known, and that unless John Donaldson answer the
complainants bill within sixty days after the adjournment of this court,
that an attachment issue against him to compel him thereto, and that
this cause be continued.

December Term 1839
On motion it is ordered by the Court that an alias attachment issue
against John Donaldson to Franklin County: And here the death of
Percifer F Pearson, one of the defendants in said cause being suggested,
on motion, It is ordered by the court, that leave be given to file a
bill of revivor, to make his heirs a party to said cause.

May Term 1841
Came the parties by their solicitors and suggested the death of James
Jackson & Mary L Pope. It is therefore ordered by the court that said
suit be revived against their heirs or representatives that James
Jackson Jr. be appointed Guardian adlitem of the minor heirs of James
Jackson & Mary L Pope & same be continued.

January Term 1842
On motion, It is ordered by the Court that this cause be transferred to
the Chancery Court of Lauderdale. (Certified by James C Watkins, Register)

Page 11
Trustees of Cypress Land Company vs Oliver Thompson, John R. Henry, and
the heirs of John Craig deceased

Chancery Court at Moulton Ala
June Term 1839

Came the complainants by their solicitor, and on motion, It is ordered
by the Court that James Gallagher be appointed Guardian adlitun for John
Craig, William Turnley Craig, Almina Antonette Craig, Mariah Louisa
Craig & Mary Stransberry Craig, infant defendants to said complainants
bill, and it appearing to the satisfaction of the court that the
defendant John R Hicks and Jane? his wife are non residents of this
state, It is ordered by the Court that unless said last named defendants
appear and answer complainants bill on or before the first day of the
next term of this court, that the same will be taken pro confesso as to
them, and set for hearing Exparte, and that notice of this order be
given by publication of a copy thereof for four consecutive weeks in the
Moulton Banner a newspaper published in the Town of Moulton, and that
said cause be continued.

December Term 1839
In this cause it is ordered by the Court, that the exceptions to their
answer be overruled with costs of the exceptions, Crenshaw Chancellor

June Term 1840
On motion of complainants by their Solicitor, It is ordered by the Court
that Judgment be taken against John R Hicks and Jane? his wife, and it
is further ordered that a Subpoena issue to Lauderdale County, & against
Martha Binford of Limestone County and said cause be continued.

... continued

January Term 1842
On motion it is ordered by the court that this cause be transferred to
the Chancery Court of Lauderdale County. (Certified by James C Watkins,
Register)

Page 12
Trustees of Cypress Land Company vs Heirs & Representatives of Jessee
Wharton deceased

In Chancery at Moulton
June Term 1839

Came the complainants by their solicitor and on his motion, It is
ordered by the court that James Gallagher be appointed Guardian adlitum
of Fidelia Wharton and Thomas J Green, minors, and the infant daughter
of Sidney Smith & Jane his wife, all made parties defendants to
complainants bill. And it appearing to the satisfaction of the court
that the other defendants Sidney Smith, Thomas Wharton, also Ander? R
Wharton, Joseph P Wharton and John Wharton are non residents of this
state ...

January Term 1842
(Transferred to Chancery Court of Lauderdale County)

Page 13
Trustees of Cypress Land Company vs Heirs of William Kelley & Heirs of
William J. Adair

In Chancery of Moulton
Bill Filed December 28, 1838

June Term 1839
Came the complainants by their solicitor, and on his motion it is
ordered by the court that James Gallagher be appointed guardian adlitum
of Maria Kelley and Henry B Kelley infant defendants and it is further
ordered that George W Carroll be appointed Guardian adlitun of William J
Adair, Baker? J Adair, Mary C Adair & Martha W Adair, and on
application, leave is hereby given complainants to amend their bill by
making new parties & said cause be continued.

Jaunary Term 1842
(Transferred to Chancery Court of Lauderdale County)

Page 17
Christopher Cheatham vs William Young

Chancery Court at Moulton
January Term 1842
On motion, It is ordered by the Court that this cause be transferred to
the Chancery Court of Lauderdale County. ... James C Watkins, Register

Page 18

First Monday in May and Second day of same month 1842. The Chancery
Court for the Northern Division of the State of Alabama in and for the
County of Lauderdale being the Twenty eighth Chancery districtof said
State, met pursuant to an Act of the General Assembly approved December
20th 1841 Entitled “an act to divide the State of Alabama into three
Chancery divisions and for other purposes” present the Hon. Alexander
Bowie Chancellor of the Northern division of said State; Luther F.
Thustin Register of said district and Vincent M. Benham Sheriff of said
County of Lauderdale and upon motion said Court adjourned until Tuesday
morning the ? Inst. at 10 O’clock A.M.

Page 31
John J. Winston & John McKinley vs T. & J. Kirkman & Anthony Winston

The original bill in this case was filed in the office of the Clerk of
the Circuit Court of Lauderdale County October 2nd 1838

June Term 1839
On motion of the complainants by their solicitors It is ordered by the
Court that an alias subpoena issue against all the defendants in this
cause and that the same be continued.

December Term 1839
On motion It is ordered by the Court that a pluries Subpoena issue
against James Kirkman to Lauderdale County and against Anthony Winston
to Sumpter County and cause continued.

June Term 1840
On motion It is ordered by the Court that an alias Subpoena issue to
Sumpter County against Anthony Winston. Leave is given to complainants
to amend their bill and cause continued.

... continued

May Term 1842
On motion It is ordered by the Court that this cause be transferred to
the Chancery Court for Lauderdale County and Continued.

Page 36
May 3rd 1843
Mariah J. Slate vs John Slate

Came the complainant and it being satisfactorily shown to the Court that
an order of publication was duly made in this case and published as
required by the rules of court, and the cause coming on to be heard, exparte

It is ordered adjudged and decreed by the Court that the bonds of
matrimony heretofor solemnized & subsisting between the complainant and
the defendant John Slate be dissolved, and that the complainant pay the
costs herein to be taxed by the Register.

J L Martin Chancellor

Page 45
Transcript from the records of the Chancery Court at Moulton in the case
of James Irvine vs Limerick, Witherspoon and others, as certified by the
Register of said Court

James Irvine vs Limerick Witherspoon

Be it remembered that heretofore to wit at the June Term 1841 of said
Court a bill was filed ...

On motion it is ordered by the Court that said cause be continued.

At the Special Term in Jaunary 1842 ... continued

At the May Term 1842
Came the complainant by his Solicitor, and on his motion and it offering
to the satisfaction of the court that Thomas Limerick, Oliver Limerick,
Marcus D. Bearden, Christopher G. Castleman, Thomas Payne and Samuel
Vanlair, defendants in this cause are now residents of this State, It is
therefore ordered by the Court that unless said Defendants appear &
plead, answer or Demur to Complainant’s Bill on or before the first day
of the next Term of this court that the same will be taken pro confesso
and set for hearing exparte as to them. And that notice of this order be
given by publication thereof for four successive weeks in the Lawrence
County Alabama. a news published in the Town of Moulton, and be continued.

At the May Term 1843
Came the parties by their Solicitors and it appearing that Defendant
reside in the County of Lauderdale. On motion & by consent of parties it
is ordered by the court that this cause be transferred to the 28th
District composed of Lauderdale County.

(Certification of M. Priest, Register on 11 July 1843)

Page 61
First Monday in May and fifth day of the Month in the year 1845.
The Chancery Court for the Twenty Eighth District of the State of
Alabama met pursuant to adjournment. present the Honorable Alexander
Bowie Chancellor, L T Thustin, Register of said Court, and Winston P.
Pettus Sheriff of the County of Lauderdale.

Page 63
Ezekiel Rose vs Sarah Rose
Came the complainant by his solicitor and this cause coming as to be
heard a final Decree was rendered by the Chancellor.

Page 67
Thomas Kirkman, Executor of the last will etc of J L D Smith dec’d vs
Jane Smith et al the legatees of the will of J L D Smith deceased.

This day came the complainant & filed his petition in this Court from
which it appears that he has in his hands money subject to be disposed
of by the trusts of said Will. Representing that he cannot dispose of
the same according to the provisions of sd Will be loaning out the same
upon the terms therein mentioned, or investing the same in Stocks and
asking the advice & direction of this Court in the premises. It is
therefore ordered by the Court that sd fund or so much thereof as the
complainant can, & as as speedily as possible, be loaned out by him at
the legal annual rate of interest untill the next term of this court, he
taking bond with good & sufficient security therefor, & that he report
his action in the premises to the next Term of this Court.

And it appearing by the affidavit of the complainant that the
defendants, Jane Smith, Rebecca J. Williams, Rebecca J. White, Rebecca
E. Dancy, Mary Jane Stoddert, Temple? D. Mason, Melinda K. Williams,
Thomas Williams are non residents of this state. It is ordered by the
Court that they plead, answer or demur to sd complts petition by the
next Term of this Court, or that the matters in sd petition be taken as
true; and it is further ordered by the Court that 60 days publication of
this order be made in the Florence Enquirer a newspaper printed in the
Town of Florence.

Page 68
In the matter of Robert Kernachan, Trustee etc. of Mariah? B.? Moffet a
Decree was rendered by the chancellor removing the said Trustee, and
appointing James C Malone in his stead.

Page 71
First Monday in May & the 4th of the month in the year 1846. The
Chancery Court for the 28th District of the Chancery Court of Alabama
met pursuant to adjournment; present the Hon. David G. Lyon, Chancellor,
Luther F. Thustin, Register, & Winston P. Pettus, sheriff of Lauderdale
County in the State of Alabama.

Page 73
John Brown vs Catharine Brown

Came Percy (Perry?) E. Brocchus Eq Solicitor for complainant who
suggested the death of the complainant. It is therefore ordered by the
Court that said cause abate.

Page 76
Trustees of Cypress Land Co. vs Oliver? Thompson et alias

Came the parties by attorney and the cause having been previously at the
Term of the Court been submitted for decree; the following decree was
made by the Chancellor viz
It is ordered, adjudged & decreed that all payments made by John Craig
be applied first to the payment of the notes given for the payment of
the purchase money given for Lots No. 104 & 120 in the Town of Florence
as mentioned in Complts Bill, and the balance of such payment, if any
remain, be then applied to the payment of the sums due on Lots 295, 296
& 300; discharging said sums in the order in which according to the
proof they respectively became due.

It is further ordered, adjudged, and decreed that the master forthwith
proceed to state and report to the Court an account between the parties
on the following principles. First that he ascertain the sum agreed to
be paid for Lots no. 104 & 120 respectively deducting from each sum so
ascertained twenty pr cent; and then from the sum so remaining as the
purchase money of Lot No. 120 he deduct one half; and then that he
ascertain the gross sum agreed to be paid for Lots No. 295, 296 & 300;
without interest on either of said sums. Then that he ascertain the sum
paid by said John Craig to sd John Coffee on? the bo.? in either cash or
stock, calculating the value of the stock at the sum of $475. pr share.
And after ascertaining the sum paid he apply it first to the exting?
withment? of the sum ascertained under the principle herein laid down to
be due on Lots 104 & 120, and if the payment exceed the sum due on sd
last mentioned lots; that he apply such excep to the discharge? of the
first installment due on Lots No. 295, 296 & 300; that after making this
deduction, he calculate interest on the remainder of the purchase money,
from the time it became due, up to the time of taking such account.
It is further ordererd, adjudged & decreed, that the master also enquire
into & report whether the interest of the defendant requires the said
lots to be sold in separate parcels, and also, whether it will require a
sale of the whole premises to satisfy the complainant’s demand.

Page 80
Tuesday Morning November the 3rd 1846

The Chancery Court, for the 28th District of the State of Alabama
pursuant to the previous order of the Hon. David G. Ligon, Chancellor
for the Northern Division of sd Court for sd State, duly made and
published in conformity with the Statutes of said state, met at the
Court House in Florence in sd District; - the Hon. David G. Ligon,
Chancellor, Luther F. Thustin, Register & Master, and Winston P Pettus,
Sheriff by his deputy G. Campbell were present.

Page 84
Monday Morning May 3rd 1847

The Chancery Court for the 28th Chancery District of the State of
Alabama, met pursuant to adjournment; Present the Honorable Wylie W.
Mason, Chancellor, Luther T. Thustin, Register and Master, P. Pettus,
Sheriff of Lauderdale County & State of Alabama

Page 84
May 3, 1847
Gabriel Bumpass vs John Webb et al

Came the parties by their solicitors and the death of John Webb one of
the defendants being suggested, It is ordered by the Court that said
cause be revived against Elizabeth Webb and James H. Witherspoon,
administrators etc. of said John Webb.

Page 87
John S. Blair? et al vs Jacob Haigh, adm etc.

Came the parties by their solicitors, and on motion, and it appearing to
the satisfaction of the Court that Martha Adair, one of the defendants
in this cause, is a minor, under the age of fourteen years, and a
resident of this state and that a subpoena and capias of the original
and amended bills in this cause have been regularly served upon her
through her Guardian, Geo. W. Carroll more than thirty days since; and
it also appearing to the court that James? Adair, one of the defendants
in this cause is a minor over the age of fourteen years and that he
resides beyond the limits of this state, and furthermore that an order
of Publication was regularly made as to him and published for four
consecutive weeks in the ___ a newspaper published in the Town of
Tuscumbia, with a Brief of the bill, a copy of which order was posted at
the door of the court house in Tuscumbia within and requiring him to
appear at a day ? in forty days from the date of said order - said
Publication which has long since elapsed, and the said minor having
failed to appear and select a Guardian as required by the rules of this
court.
It is therefor ordered by the Court that Robert Armstrong be and he is
hereby appointed Guardian adlitum for the said Martha Adair and James
Adair minors as aforesaid, it appearing to the court that the said
Armstrong is a resident of this state and that he represent said minors
in said cause, the said Armstrong, having in open court, consented to
act as such Guardian and the said cause be continued.

Page 94
May 2, 1848
#90
Henry A Bragg et al vs George G Armstead et al.

Came the parties by their solicitors and the death of Fanny Armistead,
one of the defendants, being suggested It is ordered by the Court by
consent of the parties, that George G Armistead, Executor of Fanny
Armistead, be made defendant in that capacity. It is further ordered by
the Court that the papers offered as answers of defendant be referred to
the Master to report whether they are full and complete.

May 2, 1848
This day, Robert M Patton and Jane L Patton his wife, appeared in open
Court, and acknowledged that they signed sealed and delivered a deed of
conveyance of lands situate in the State of Tennessee to one K J Morris,
dated the 12th day of April 1848. and the said Jane L Patton being
examined in open court separate and apart from her husband acknowledged
the said deed of conveyance and relinquished her claim to Dower in the
land therein conveyed.

Page 98
Friday morning, May 8th 1848.
Court met pursuant to adjournment, present as on yesterday.
#67
Thomas Kirkman et al vs Henry A Bragg et al

In this case the following report was submitted by Register to wit “By
reference to my Report in this cause made at the May term of the Court
in the year 1846 to which I hereby respectfully refer, it will be seen
that on the 21st day of July 1845 I sold lots numbered one and two as
specified in the Decree of the Chancellor for the following sums ?
Lot No 1 to Thomas Kirkman & ? Andrews $1700.00
Lot No. 2 to Marshall Clark 950.00
_____________
$2650.00

It will also be seen by the report, and the voucher herewith exhibited,
that on the day of said sale I paid to Thomas Kirkman the action?
acting? executor of James Jackson dec’d the sum of twenty five hundred
and sixty one 5/100 dollars, being the full amount of the proceeds of
said sale after the payment of the cost of court up to that time.
I now beg leave to report that on the 21st day of June 1847 I sold Lot
No. 3 as set forth in the Decree of the Chancellor, being that portion
of Lot 78 sold by the deft Bragg to his co-defendants Martin & Cassity,
at the door of the Court House in Florence at public auction, for cash
to Thomas Kirkman, as Executor of James Jackson dec’d for the sum of
$655. and a short time thereafter executed a deed to the executors of
James Jackson for the ?. I herewith append .... May 1st 1848. Confirmed
May 5th 1848. D G Ligon, Chancellor

Page 104
May 8, 1848
Joseph D Mason et al vs Thos Kirkman Executor et al.

Came the parties by their solicitors and this case having been submitted
on a former day of this term, the Chancellor pronounced the following
judgment, which, with the orders attached, is ordered to be entered on
the minutes, and filed,

This cause came on to be heard on the original and amended bills,
answers, exhibits and proof. After full consideration it is adjudged,
that the several legacies fo the complainants, under the will of Joseph
L. D. Smith, deceased, vested, as soon as the property real, personal,
and mixed, which composed the estate of said testator at the time of his
death, and such as was added to it afterwards by natural increase or
otherwise, amounted in value to the sum of eighty thousand dollars, over
and above the debts due from the testator at the time of his death, and
the funeral expenses provided for by the will, the slaves & other
property, given to his wife, the negro man Robbie & his Texas lands.

It is further adjudged that interest upon said several legacies, is due,
and should be computed from a period commencing twelve months after said
estate is ascertained to have been of the value aforesaid, over & above
the debts and expenses aforesaid, and other property above, &
hereinafter excepted.

As the period at which said legacies are herein adjudged to have vested
is not definitely ascertained, and as an account is necessary to fix the
amount due the complainant on account of their legacies, the case is
referred to the Master, under the following orders and directions.

It is ordered that the Master inquire of, and report to this court, at
the next term thereof, at what time the estate was of the cash specie
value of eighty thousand dollars, over and above the amount of his
debts, and the funeral expenses, & the sum provided by the will in
purchase a marble slab? & to secure the grave. In executing this
reference he will take into the estimate, all the property real personal
and mixed, owned by the testator at the time of his death, or which has
been since added to it by natural increase or otherwise (except the
negro man Robbie) & the property specially named in the second clause of
the will as given to ? Smith & his Texas lands.

He will be careful to include the portion alllotted to testator’s widow
after her dissent from the will, so far as the same does not include the
property mentioned in the 2nd clause aforesaid, and will pay no regard
to the losses sustained from the sale of the slaves and other property,
in Mississippi, by the executor.

He will also ascertain and report the amount due the complainant on
account of their legacies, with legal interest thereon from the time
herein before stated and adjudged, until the taking of such account, -
no vests shall be made in said account.

To aid him in the discharge of his duties in this behalf, he is
authorised to use the papers and proof on file - to examine the
defendant Kirkman on interrogatories, and to cause to come before him
and examine such other witnesses as he may deem necessary, and the
proof, so taken, he will report with the other matters referred.
In ascertaining the value of the estate of said testator, as herein
before directed, if it become necessary to compute interest against the
executor, it shall be calculated from year to year on the capital sum,
without vest either annual or semiannual.

All further orders and decrees touching the premises, are reserved until
the coming on of the Master’s Report. D. G. Ligon, Chancellor

Page 111
November 13, 1848
#97
Frances A Bragg by her next friend J. Bigger vs Henry A Bragg


In this cause the following decree was pronounced by the Chancellor.

“It is ordered that Henry A Bragg, and he is hereby appointed trustee to
take and hold, for Frances A Bragg, & her children, all the estate to
which she is entitled under the wills of Isabella Heslip and Fanny
Armistead, or as heir, distributree, or devisee of her Father, and that
such estate be used and employed by him for her sole and separate use,
and that of her children.

It is further ordered, adjudged and decreed, that the title to the
following negro slaves to wit, Hannah, Ellick, aged about ten years,
Anna about seven years old, Lilly five years old, Dickson one year old,
Moses, about fifty two years old, Amelia, forty one years old, Harrison,
nineteen years old, Henry twenty six years, Isabella, nine years, Frank
four years, and Tayler one year old be vested in said Trustee to be held
used and employed by him for the sole and separate use, maintenance and
support of the said complainant, and the maintenance and support of her
family, and that George G. Armistead deliver to him such of said slaves
as are in his possession. It is further ordered adjudged and decreed
that the next friend of the complainant pay all cost, to be reimbursed
to him by said Trustee, out of the profits of the Trust estate. D G
Ligon, Chancellor

Page 119
May 8, 1849
#96
Lydia Loving vs Tennessee? Loving
In this cause the following final decree was pronounced by the
Chancellor. It is ordered, adjudged and decreed that heretofore that the
bonds of matrimony heretofore subsisting between Lydia Loving, the
complainant, and Tennessee? Loving, the defendant, be, and the same are
hereby, ? dissolved, so far as the said Lydia Loving is concerned. It is
further ordered adjudged & decreed that the next friend of complainant
pay all cost to be taxed by the Register.

D. G. Ligon, Chancellor

Page 122
May 8, 1849
Julia J Dunn et al vs Richard A Wiggins
(Names of family members, etc.)

Page 145
May 12, 1852
Julia J Dunn et al vs Richard A Wiggins

mentions Thomas C Dunn, James B. Wood, Benjamin A Dunn, Thos J Dunn, Wm
L Dunn, Sylvester G Dunn, James M Dunn, Alex. Brady & wife, Andrew J
Jones & wife, Jackson B P Dunn, Elizabeth A Dunn, John H Dunn, Polly C
Dunn, Thomas C Dunn.

... Elizabeth A Dunn having intermarried with Towler? on the 14th May
1851 ...

Page 149
Monday morning May 8th 1853
The Chancery Court for the 26th Chancery District of Northern Division
of the State of Alabama, met on this day in accordance with the statute
in such case made and provided. Present the Hon. Eggleston D Townes,
Chancellor of the Northern Division of the State of Alabama, J Coffee
Simpson, Register and Master, and Winston P Pettus of Lauderdale County
Alabama

Page 156
Julia J Dunn et al vs R A Wiggins

...
James Irvine’s report as trustee under the last will and testament
of Benjamin A Benham dec’d. To the Hon E D Townes Chancellor now holding
court for Lauderdale County Alabama.
(Accounts of amounts received and paid for legacies)

Page 158

In pursuance of the power vested in the Chancellor under the 3044
section of the Code of Alabama we order and direct that the registers in
the northern and middle divisions of Alabama tax and collect for the
following services by them to be performed the following fees, to wit:

For filing each original or other bill, each answer demurrer Exception -
report - each set of interogatories, original cross of rebutting - and
each package of Depositions containing one or more Five cents

For docketing cause each time the same has to be entered on the docket,
with remarks
Twenty five cents

For each transcrip of the docket of the cause made out for the use of
the Chancellor
Twenty five cents

For issuing each writ of injunction, in exeat attachment Sciri facias or
Habeas corpus
Fifty cents

For each affidavit to bill or answers or certifying an oath administered
by the register
Fifteen cents

For each order of publication or copy thereof
Twenty five cents

For each decree pro confesso taken before the Register and entering the same
Thirty cents

For each order of continuance to publish testimony or to set aside
Decree pro confesso
Five cents

For each order of Review
Ten cents

For each order submitting the cause for decree and noting the testimony
affixed, on the minutes
Fifteen cents

For receiving and ? and backing each package of Depositions, published
by order of the court or Register
Five cents

For each witness certificate
Fifteen cents

For each appear to the Supreme Court and citation in addition to the
other fees
Fifty cents

For each order at Rules? before the Register to amend the Bill or answer
or to allow of the fileing of a supplemental Bill or Bill of revivor? or
to examine a party as a witness or to appoint a guardian ad Litem
Twenty five cents

For making settlement with a trustee
Two dollars

For recording such settlement fifteen cents for every hundred words
Fifteen cents

For any other order provided for herein or by the code
Twenty five cents

For a copy thereof
Twenty cents

And it is further ordered that seven hours services shall be considered
one day in taking account by the Register.

And it is further ordered that the foregoing with this order be spread
on the minutes of the several Chancery Courts of the Northern and Middle
Divisions of the State of Alabama

Eutaw February 5th 1853
J B Clark, Chancellor, Middle Division
E D Townes, Chancellor, North Div

Page 163
May 9, 1843
#132
Pugh Houston Executor etc vs Geo. W. Sneed

In this cause the Chancellor pronounced a decree as follows which is
ordered to be enrolled. It is ordered adjudged and decreed that unless
the deft. Geo. W. Sneed shall within 60 days after the adjournment of
this court pay to the Register the entire unpaid purchase money due to
complainant as the Executor of the last will & testament of John
Chisholm dec’d for an undivided half of the Lot described in the
Original Bill, the interest thereon and the costs of this suit, the
Register of this Court shall, after giving notice of the time and in the
manner required to be given by sheriff of sales of land under writs of
fieri facias, sell the undivided half of the lot described in
complainant’s Bill or so much thereof as may be neceessary to pay the
unpaid purchase money & costs of the suit, at public auction to the
highest bidder, at the Court house door in the Town of Florence for cash
- and shall appropriate the proceeds of said sale, first to the payment
of the costs of this suit & the balance shall pay over to the
complainant in the original bill. ...

May 10, 1854
Page 168
#132
(Houston and Sneed say that the unpaid balance of the purchase money for
the undivided half of the lot is $381.86.)

Page 168
May 15, 1854
#109
John M? Harris vs H. C. Moses et al

In this cause a decree was pronounced by the Chancellor and ordered to
be enrolled, to wit. It is ordered adjudged and decreed that unless the
Judgement described in the complete bill with the interest and costs
shall be paid within thirty days after the adjournment of this court,
the register shall after giving notice for the time and in the manner
required to be given by Sheriffs in case of sales of real estates, under
writs of fieri facias, sell separately at public auction for cash, at
the court house door in the Town of Florence, the two lots of land
described in complainant’s bill as follows, to wit;

a tract of land adjoining the town of Florence, containing ninety two
and a half acres or thereabouts, being a part of the lands sold by the
Trustees of the Cypress Land Company and known as a part of a tract in
their subdivision by No. 413, bounded on the east by Cypress and Locust
street of the said town, on the south by a tract of land owned by James
Irvine (also carved out of the tract numbered 413 on the west by part of
the tract No 413, now owned by Kirkman, and on the north by lot no 341,
according to plat or plan of the Town of Florence, and lots and lands
adjoining.

And also a part of Lot no 77 according to the plan of the Town of
Florence fronting on Court Street on the East about 23 feet and running
thence eastward 172 to an ally, the same width in front bounded on the
north by Samuel Staffords tenements, and on the south by a tenement
sometime before the fileing of this bill, occupied by E Brown as a
grocery, and that the said Register appropriate the proceeds of said
sale first to the payment of the said judgment interest & costs. It is
further ordered adjudged & decreed, that the Register shall make a deed
to the purchases or purchasers of said lots and tract ofland as evidence
ot title thereto under this decree, & if there be any surplus of the
proceeds of this sale of said land & lot the same shall be appropriated
to the payment of the costs therein imposed on Weaver’s administrators.

A. J. Walker Chancellor

It is further ordered adjudged and decreed, that the admrs of the estate
of John S Weaver dec’d pay the costs of depositions taken exclusively in
the attempt to subject a part of lot No. 54 to payment of complts
judgement and that they be paid by complainant to be taxed by the
Register. 15th of May 1854 A J Walker, Chancellor

Page 170
May 18, 1854
#109
Jno. W.? Harris vs H C Moses et al

(Defendants: Alexander M Weaver, Alexander Hobby, Nancy Hobby, Samuel
Wilson, Martha Wilson)

Page 179
May 14, 1854
Louisa Price by ner next friend Thomas Simpson vs Christopher Price

In this cause a decree was rendered, and read by the Chancellor as
follows. This cause was heard on Bill, Answer Decree pro confesso &
proof, and after due consideration it is ordered adjudged and decreed,
that the bonds of matrimony between the plaintiff and defendant be ?
they are hereby for ever dissolved in favor of the complainant, and that
the complainant be and she is hereby divorced, a vincula matrimonii from
the Defendant, and that the Defendant pay the costs of this suit to be
taxed by the Register.

Page 179
Lewis C Moore & Wife vs Baylor B Barker et al

(purchase money for NE and NW/4 of S4 T3 R11, and E/2 NE/4 S5 T3 R11 ...
for which purchase money the lands were sold to Baylor B Barker & Henry
W Sample and which sd purchase money is $2200.
... making of a deed by the complainants Lewis C Moore and Atlantic P
Moore jointly attested by two witnesses, to Baylor B Barker and Henry W
Sample conveying the life estate of the said Atlantic P Moore to the
lands herein before described ...
... and in case the said Atlantic P Moore shall have no child or
children or lawful issue at her natural death then the revertion of the
said tract of land to return to the said Hugh McVay and his right heirs
... May 16th 1855

Page 180
May 17, 1855
Barbee Branin & Co. vs Young & Long et al

Came the parties by their solicitors, and application was made, for a
decree proconfesso against, Samuel E Young, Daniel W Long and Elizabeth
Long, S_n? S Bucklin and Wm Pratt and Daniel S Pratt ...

Page 184
May 18, 1855
Basil Willbanks vs Wm Butler et al

The following decree was rendered and read by the Chancellor. This cause
came on to be heard on Bill answer decree pro con and pray, and after
due consideration it is ordered adjudged and decreed, that all the right
title claim or interest either at law or in equity, vested in James
Tomlinson in his life time or in the deft’s as the widow heirs or
representatives of said James Tomlinson, now deceased, in or to a
certain tract or parcel of land, situate in Lauderdale County in the
State of Alabama, Known and designated as the SE/4 of the NE/4 of S2 T3
R8 West, be and the same is hereby divested out of them the said widow,
heirs & representatives, and out of each of them and vested in the
complainant Basil Willbanks. It is further ordered adjudged and decreed,
that complainant pay the costs of this suit to be taxed by the Register.

Page 185
May 19, 1855
Barber Brannin & Co. vs Young & Long et al

Came the parties by their solicitors and said cause was submitted for
decree and decree rendered, as follows: Came on this cause to be heard,
on the Bill of complts, the answer of Chamberlain ? Baily, H T Curd ?, C
B Cooper, J B Wilder?, A B Vanwinkle, & Cassiday & Hopkins, Decree pro
con against the Defts Saml E Young, Daniel W & Elizabeth Long & Pratt
Bucklin and the Exhibits. It is ordered adjudged and decreed by the
Court that the three notes of said Young & Long to complainants all
bearing date 27th April 1853 for the sum of $587.36 each payable on two
& three years after date respectively, be and the same are hereby
declared to be due on the 29th April 1854, subject to such credits as
they may be entitled by payment of said Young & Long. ...

Page 187
... being the same lands which were deeded to sd Daniel W Long by Wm
Garner, which land lies in the sd County of Lauderdale, on the waters of
Manbone and Second creeks, and adjoining to and bounded by the lands of
James S Martin, Robert R Turpin Government lands (hills) and Andrew
Carr, and more particularly designated, as the W/2 of the NW/4 of Sec 21
in T1 of Range 14 West containing 79.88 acres, and 15 acres being the
land purchased of G? B Price from J S Martin, it being part of the E/2
of the above described quarter section beginning on the west bank of
Second Creek, where the line crosses the same, according? the sd
quarter, thence up the meandering of Second Creek to the mouth of
Manbone, thence up the same to the 1st bluff of rocks on the East side,
thence across said creek to the two sour woods on the banks, thence
northwardly along the bluff of the same? to the line of the 16th
section, thence west to the dividing line between the East & West halves
of said quarter, thence south to the place of beginning. Also the SW/4
Sec 16 T1 of R14 West, containing 160 acres. And also all the stock of
dry goods, groceries, queensware, hardware, tin, etc. of the said Young
& Long, now on hand amounting to $1300., if there be any, or so much
thereof as may be necessary to pay said debt & costs of this suit to be
hereafter ascertained. ...

It is further ordered & decreed, that the title to said Negro woman
Fanny be divested out of said defendants and invested in said
Complainants and their Co Creditors as joint owners in pro portion to
their respective shares of the $800. allowed for her as her value, and
that the Register ascertain what will be the proportion of each creditor
in said Issue?, the same to be credited on the claim of each as of the
25th day of December 1854. ...

Page 188
May 19, 1855
Juliet Ammonet by her next friend Andrew Ammonet vs William W Forbes et al

Came the parties by their solicitors and the following decree was
rendered and read by the Chancellor, as follows. This cause on at the
present term of this court and was heard on bill & answer, and the
complainant Juliet Ammonet as well as the defendants May L Mitchell,
Wiley F Mitchell, Francis E Ammonet, Susan Y Ammonet & William C
Ammonet, having filed in this cause their written comment, that Andrew
Ammonet be appointed trustee of the property and funds, without giving
bond & security.

After due consideration, It is ordered adjudged and decreed, that Andrew
Ammonet, be and he is hereby appointed Trustee of the property and funds
placed in the hands of Wm W Forbes as Trustee for complainants and her
children, by a decree of the Circuit Court for Buckingham County in the
State of Virginia on ? day 17th September 1853 set up as a court of
chancery which said decree is attached to complainants bill, marked
Exhibit A, which said property and money the said Trustee shall hold for
the purposes specified in the sd decree. ...

Page 189
May 24, 1855
John D Williams et al vs James P Williams et al

Came the parties by their solicitors and a decree was rendered and read
of the Chancellor, as follows.

This cause was heard on the original & amended and supplemental bills
answers & proof. The parties by their solicitors in open court agree
that the award of arbitrators, signed by Geo. G Armistead and Samuel
Vaughan given in evidence, shall be the basis of a decree in this cause,
and that a decree shall be rendered in accordance with said award, of
arbitrators and agreement, therefore the court being of opinion that the
decree agreed upon will not be of opinion that the ? agreed upon will
not be in conflict with the interests of the infants; render the
following decree.

It is ordered adjudged and decreed that the title to the following
negroes to wit Franklin & Harriet be and the same is hereby vested in
Virginia Williams, seperately and that John D Williams pay to James P
Williams as the guardian of sd Virginia Williams the sum of five
dollars, for which Execution may issue in the name of sd James P
Williams as guardian of sd Virginia Williams against said John D Williams.

It is further ordered adjudged and decreed that the title to the negroes
Sarah Winston Selina and __ be vested in John D Williams seperately.

It is further ordered adjudged and decreed that the title to the negroes
Judy & her child and Mentzer be vested in Francis R Pearson, seperately
and that James M. Pearson as trustee for his wife recover in right of
his wife Francis N. Pearson from James P Williams, guardian of Lucy
Williams the sum of Eighty dollars for which an execution may issue
against sd James P Williams.

It is further ordered adjudged and decreed that the title to the negroes
Lewis & Charity vest in Samuel Williams seperately and that James P
Williams, as the guardian of Samuel Williams recover from James P
Williams as the guardian of Lucy Williams the sum of fifteen dollars and
from John D Williams forty dollars, for which last sum an execution may
issue.

It is further ordered adjudged and decreed, that the title to the
negroes Emily Winston Jr? John and his wife in Lucinda P Williams,
otherwise called Lucy Williams.

It is further ordered adjudged and decreed that the complainants pay the
costs of this suit to be taxed by the Register.

Page 193
May 24, 1855
John S Simpson Administrator, Abraham Cole vs Charles T Cole et als

Came the parties by their solicitors and this cause is ordered to be
revived, on motion, the defendants having had due notice thereof and
here in open court consenting thereto, in the name of John S Simpson,
Administrator of Abraham Cole, dec’d, and the following heirs at law of
said Abraham to wit, Minney?? Estep and her husband James Estep, Jane
Wilson and her husband John Wilson, Elizabeth A Wilson and her husband
Heary J Wilson, Martha E Romine and her husband Milledge Romine, Sarah M
Estep and her husband John Estep, & James A Cole - all of whom are of
full age - And Mary F Cole, Oliver Cole, Esther Cole, Solomon Cole all
of whom are minors and sue by their next friend John S Simpson.

Page 193
May 24, 1855
John S Simpson Admr of Abraham Cole dec’d & others vs Charles T Cole &
others

...Register read to the Court his report setting forth that upon enquiry
& proof he believes that the interests of said infant parties to this
suit will be promoted by said decree agreed upon and that the sale of
the land proposed is the best thing that can be done for the interest of
said infant defendants. ... Land: NW/4 of S24 and E/2 of SE/4 of S23 all
in T2 R7 west, with all and singular the appurtenances thereunto
belonging ...

Page 200
May 21, 1856
Harriet Lassiter vs Nathan Boddie

In this cause a decree was rendered by the Chancellor. On consideration
whereof, It is ordered adjudged & decreed that all the right title and
interest which complainant has or had at the filing of the Bill and and
to negro woman named Roset, and her three children, Susan Harriett and
Mary and the future increase of said negro woman be divested out of
complainant and invested in the Defendant Nathan Boddie.

It is further ordered adjudged and decreed that Defendant pay the costs
of this suit for which execution may issue. May 21st 1856
John Foster, Chancellor

Page 203
May 21, 1856
#151
Mary A Andrews vs Richard J Andrews

Came the parties by their solicitors, and on motion of complainant, it
is ordered that it be referred to the Register to ascertain and report
whether the securities on the Repleny? Bond of Deft Richard J Andrews
are sufficient. Interlocutory order made and to be entered on the minutes.

In this cause the Register having reported the ? Bond of the defendant
Richard J Andrews to be insufficient, and there being no exceptions to
said report, It is ordered that the same be in all things confirmed. It
is further ordered that unless the Deft Richard J Andrews give a new
repleny? Bond with good and sufficient securities within fourteen days
from the adjournment of this court, payable & conditioned as the law
directs & approved by the Register, the Register of this Court do issue
an attachment, directed to any sheriff of the State of Alabama,
commanding him to attach the slaves, Sarah and her children Anthony,
Angeline, Issabella, Jenny, George, John, Hannah and two infant children
of woman Sarah and have said slaves to satisfy such further proceedings
as may be had in this cause at the next term of this court, unless
replenied? according to law in such case provided. Continued.
May 21st 1856 John Foster, Chancellor

Page 205
May 23, 1856
Phillip J Irions Executor of Thomas A Lansford vs Abigail D Lansford et als.

Land in T2 R13 - 710 acres. - In sections 11, 12, 13, 14
Slaves belonging to the estate to be sold

Page 213
May 19, 1857
#149
Jephtha D Ham vs Lucinda J Ham

The Chancellor rendered the following decree in said cause. “It is
therefore ordered, adjudged and decreed, that the bonds of matrimony
existing between complainant and defendant be dissolved and the
complainant divorced a vinculo matrimonii from the said defendant.

It is further decreed that complainant pay the costs of this suit to be
taxed by the Register.

John Foster, Chancellor May 19, 1857

Page 214
May 19, 1857
#157
Jane E. Anderson by her next friend vs Joseph Anderson alias Godier
Henderson

The Chancellor rendered the following decree in said cause. “It is
therefore ordered, adjudged and decreed that the bonds of matrimony
heretofore solemnised between complainant and defendant be dissolved,
and the complainant be divorced a vinculo matrimonii from the defendant,
Joseph Anderson alias Godier Henderson.

It is further decreed that complainant’s next friend, James Douglas, pay
the costs of this suit, to be taxed by the Register.

May 19, 1857 John Foster, Chancellor

Page 215
May 20, 1857
#151
Mary A. Andrews by her next friend vs Richard J. Andrews

Came the parties by their solicitors and an Amendment of the Bill made
by consent. Complainant moved to suppress the following depositions of
Respondents, to wit: Neander H. Rice, Lewis Nelson, Lidia Nelson, John
Butler, Adam Weaver, Robert Shane, W. H. Walker, W. B. McGuire, Saml
Flannegan, and W. T. Haney on the following agreed state of facts.
Complainant & her next friend & solicitor reside out of this District,
the interrogatories were filed in the Office of the Register and
remained there over ten and less than twenty days before a commission
issued. Said motion overruled. J. Foster, Chancellor

Page 217
May 21, 1857
#152
Phillip J Irons Ex’r vs A. D. Lansford et al

...It is further ordered that upon the expiration of the time provided
for the keeping of the negro woman Fanny, the Executor let her to the
lowest bidder until the next term of this court.

Page 220
May 22, 1857
#150
Tabitha E. Butts by her next friend vs Jacob J. Butts

Came the complainant by her solicitor and an order of publication of
testimony was granted. And said Complainant submitted the following
depositions to wit: Of Margaret T. Butts, Alexander Russell, R. M.
Patton, W. T. Hawkins, S. A. M. Wood, B. S. Johnson, L. Fenner, J. A.
Ransel, M. M. Reinhart, N. Rosine & W. Saunders, & a certificate of
marriage from the Probate Court of Lauderdale County, Ala.

Page 221
May 22, 1857
Tabitha E. Butts by her next friend vs Jacob J. Butts

In said cause the following decree was rendered. “It is therefore
ordered, adjudged and decreed that the bonds of matrimony heretofore
existing between complainant and defendant be dissolved, the Complainant
divorce a vinculo matrimonii from the said defendant.

It is further ordered, adjudged and decreed that complainant’s next
friend, J. A. Smith pay the costs of this suit, for which execution may
issue.

May 22, 1857 John Foster, Chancellor.

Page 221
May 22, 1857
Johnson Trousdale vs Eliza P. Trousdale

Came the parties by their solicitors and leave is given complainant to
amend his bill. Complainant to pay all costs of Amendment.

Page 221
May 22, 1857
#153
Johnson Trousdale vs Eliza P. Trousdale

1st
The following Amendment to the Bill was made by Complainant: “Your
Orator Johnson Trousdale by way of Amendment to his original Bill filed
in this Court on the 19th day of November 1856, States and charges That
soon after his marriage as stated in the Original Bill, on the 2nd day
of June 1856, he started with his said Eliza for his home, and during
the day, the said Eliza becoming quite sick . . .

Your orator prays as in his original Bill, that the said Eliza be made a
party defendant hereto, that a subpoena issue, and that she answer the
allegations of this bill, that the bonds of matrimony existing between
him and the said Eliza be dissolved by the decree of this Honorable
Court, and that said marriage be declared by your Honor null and void.

Ed. A. O’Neal
Solicitor for Complainant

Page 225
May 29, 1857
#153
Johnson Trousdale vs Eliza P. Trousdale

Came the parties by their solicitors, and on motion of complainant it is
ordered that leave be given him to take? testimony and this cause is
continued.

Page 229
May 18, 1858
#141
Martha J A Johnson by her next friend vs William Lassiter et al

Came the parties by their solicitors and this cause was set for hearing;
The complainant brings forward the following testimony; Elizabeth
Willett, R W Clausell, Ann Clausell, William Baugh, Thomas J Harwell,
Joseph Ijames, Elizabeth Ijames, also the following transcripts:
“Letters of Gurardianship and Bond of Defendant Lassiter, Transcript of
division of slaves of Estate of Samuel Harwell, transcript of marriage
of complainant and Stephen T Johnson, The court allowed the decree pro
confesso against Thomas U Lassiter amended ? pro time? In this cause the
Defendant introduced the testimony of Gabriel Bumpass and Turner Walston.

Page 229
May 18, 1858
#161
Lucretia E Holmes By her next friend vs Thomas M Holmes

In this cause the following decree was rendered and read by the
Chancellor. It is ordered adjudged and decreed that the bonds of
matrimony existing between Complainants & Defendants, be dissolved, &
the Complainant Lucretia E Holmes, divorced a vinculo matrimonii from
her husband Thomas M Holmes.

It is further ordered and decreed that the defendant pay the costsof
this suit for which Execution may issue.

May 18th 1858 John Foster, Chancellor

Page 230
May 18, 1858
#171
Selena M Barclay By her next friend vs Robert Barclay

In this case the following decree was rendered and read by the
Chancellor, “It is ordered adjudged and decreed that the marriage
between the Complainant and Defendant is null and void ab initio and the
complainant is released from all the disabilities and obligations of
said marriage.

It is further ordered & decreed that complainant and her next friend pay
the costs of this suit, for which Execution may issue.

May 18th 1858 John Foster, Chancellor

Page 231
May 18, 1858
#151
Mary A Andrews By her next friend vs Richard T. Andrews

In this cause the testimony of Complainant and defendant was officed? a
motion was made by Deft to supress the deposition of Joseph G Harmond &
W L Toone which was sustained by the Chancellor. A motion was also made
to suppress the deposition of Samuel Flannegan on the ground that he was
the security of Deft on the replevy? (replenery?) bond, which was
overruled for the reason that the motion to suppress same deposition at
a former term on another ground had been made and overruled (this ground
not being taken & complt having notice of present intent? by the ? of
the replery? bond)
The Complt bring forward the following testimony, Transcript & Exhibits,
to wit: testimony of Milton P Long, Hannah Wheeler, Thomas G Ezell,
William Richardson & Thomas G Tyas, also depositions from Limestone
County, of Alcony Stinnett, Wm P Long? & Alexander L McKinney. Also
Transcript of Bill answer & final decree, from Limestone County marked
L. M. O. .Transcript Judgment of supreme court, Exhibit X to Bill,
agreement of solicitors marked W & Deed made by Defendant to Complainant
on 12th September 1855.
The Defendant brings forward the testimony of: John Butler, Adam Weaver,
Robert Shane, Neander H Rice, Samuel Flannegan, William T Haney, George
S. Newton, Lewis Nelson, Lidia Nelson, William H Walker, William B
McGuire, Nancy M David, Susan Christopher, Thomas G Ezell, John Heusey?,
R S Scroggin, Wiley E Wheeler & W. B. Patterson, also agreement marked
Exhibit Marked ST.

Page 235
May 20, 1858
#153
Johnson Trousdale vs Eliza P Trousdale

The testimony in this cause was published by consent.

Page 237
May 21, 1858
#151
Mary A Andrews vs Richard T Andrews

In this cause the following decree was read and rendered by the Chancellor.

It is ordered adjudged and decreed that all the right title and interest
which the defendant has in the negroes Osbourn and Elizabeth be divested
out of him and invested in complainant to her sole and seperate use, and
that the defendant within ten days from the adjournment of this Court
Execute and deliver to the Register of the Chancery Court for this
district a conveyance by him to complainant of said Negroes.

It is further ordered adjudged and decreed that said Defendant shall
within ten days from the adjournment of this Court, surrender and
deliver to the Complainant the slaves Sarah Ann and her children,
Anthony Angeline Isabells Jenny, George John & Hannah Osbourn &
Elizabeth, and that the said Defendant be deprived of all possession and
controll over said negroes, and that the said complainant be invested
with the controll of said negroes to her sole seperate use, and with the
right to hold manage & enjoy the same free from the interferance of the
said Defendant, and the said Defendant is perpetually enjoined from any
further acts of interfering with or controll over said negroes
inconsistent with the wishes of complainant.

It is further ordered adjudged and decreed that the complainant is
entitled to recover of the defendant the value of the services of said
negroes, and the money the said Defendant has received is due him for
the hire of such of them as he has hired out since the 7th day of August
1854, down to the time where he surrenders possession of said Negroes,
and it is ordered that it be refered to the Register to state and report
to the next term of this Court an account showing the value of the hire
of said negroes, during said time. If the Defendant has hired out any of
said negroes he will be chargeable with the amount received or that is
due him for hire. The Register will compute interest on the value of the
services of the negroes while in the possession of Defendant from the
End of each year to the date of his report.

It is further ordered, that all further questions be reserved until the
coming in of the Register’s Report.
(Note in margin about decree)
May 20th 1858 John Foster, Chancellor

Page 238
May 20, 1858
#153
Johnson Trousdale vs Eliza P Trousdale

In this cause the complainants bring forward the following testimony
James Kyle, B. F. Crittenden, John E Moore, Wiley T Hawkins, S A M Wood,
M Harkins, Thomas Mattingly, J W Stewart, John M Hays, M Davenport,
Benjamin Taylor, Susan Taylor, James W Stewart & John M Hays.

The defendant brings forward the testimony of J W Frierson, John B Hays,
A M Barclay, B F Newsom W H Newson, Thomas Mattingly, Catherine Webb.
Also the following depositions by the Complainant Fray P Webb, Sarah
Franklin and Eliza Lewis, Wm R Porter.

And said cause was submitted for hearing on Bill answer Exhibits
argument & proof.

Page 239
May 18, 1858
#170
Hilliard C Harmon vs Dolly B B Harmon

In this cause the following decree was rendered and read by the
Chancellor: It is ordered adjudged and decreed that the bonds of
matrimony existing between Complainants and defendants be dissolved, and
the complainant Hilliard C Harmon be divorced, a venculo matrimonii from
his wife the said Dolly B B Harmon. It is further ordered and decreed
that the Complts pay the costs of this suit for which Execution may issue.
May 18th 1858 John Foster, Chancellor

Page 240
May 20, 1858
#172
Telpha Rodgers by her next friend vs David C Rodgers

In this cause the following decree was rendered & read by the
Chancellor: It is ordered adjudged & decreed that the bonds of matrimony
existing between complainants and defendants, be dissolved and the
complainant Telpha Rodgers divorced a venculo matrimonii from her
husband David C Rodgers. It is further ordered adjudged and decreed that
the defendant be deprived of all controll over the children born of said
marriage, to wit Thomas J & Newton C Rodgers and that the care custody &
controll of said children be intrusted to the said Complainant.

It is further ordered adjudged & decreed that Complainant’s next friend
pay the costs of this suit for which Execution may issue.
May 20th 1858 John Foster, Chancellor

Page 240
May 20, 1858
#173
Henry E Hinds vs Jane Hinds
In this cause the following decree was rendered & read by the Chancellor,
It is ordered adjudged and decreed that the bonds of matrimony existing
between Complainants and defendants be dissolved, and the Complainant
Henry E Hinds divorced a venculo matrimonii, from the said Defendant
Jane Hinds.

It is further ordered & decreed that Complainant pay the costs of this
suit for which Execution may issue.
May 20th 1858 John Foster, Chancellor

Page 240
May 20, 1858
#155
Stewart Wilson Exr et al vs Francis Butler et al

... Mentioned (Legatees): John Butler, Polly Richardson and her husband
Sumerel? Richardson, Hervey Butler, Elizabeth Phillips, Chisholm Butler,
Gabriel Butler, Susan Barnett and her husband Abner Barnett, Frances
Bray and her husband Wm Bray, Sarah Niles and her husband George H Niles.

... It is further ordered that said complainants as executors etc pay
the costs of this court, and when they shallhave fully complied, with
this decree they are discharged as Executors of the last will &
testament of said Gabriel Butler deceased.
May 20th 1858 John Foster, Chancellor

Page 242
May 21, 1858
#153
Johnson Trousdale vs Eliza P Trousdale

In this cause the following decree was rendered and read by the Chancellor,

It is ordered adjudged and decreed that complainant’s Bill stand
dismissed out of this court. It is further ordered and decreed that
Complainant pay the costs of this suit to be taxed by the Register for
which Execution may issue.
May 21st 1858 John Foster, Chancellor

(This case was continued on May 16, 1859.

Page 245
At a Court of Chancery held for the 26th District composed of the County
of Lauderdale in the state of Alabama, at the Court house thereof in the
town of Florence on the third Monday of May being the 16th day of said
month ... 1859. Hon. John Foster, Chancellor of the Northern division of
said state.

Page 245
May 16, 1859
#133
James Jackson et al vs Thomas Kirkman et al

Legacies to heirs of James Jackson

Page 247
May 16, 1859
#154
William C Kilgore vs A P Neeley

In this cause the testimony was opened by consent, and the complainant
offers the following testimony: of D C Waldrip, Larkin? Garrett, Daniel
G Ussory, Robert Anderson, Josiah J Bryan & __ Price. The defendant
offers the testimony of Milton? McClure, Wilson King, James Shoud?,
Alexander T Dobbins, M C Baldridge, James D Neely, D J Cannon, Thomas
Gamble, Larkin Gibson, Peter Pereyear, Allen Sholer, William Hough,
Martin Smith, Wm D Hays, R J Andrews & M C Bacdridge?

Page 247
May 16, 1859
Elizabeth Hannay by her next friend vs A M Hannay

Continued by consent
(Possibly a divorce case)

Page 248
May 16, 1859
#166
Sidney C Posey & Pugh Houston Exr etc. vs Josephine Bryan et al

In this cause the testimony was published, and the Complainants offered
the testimony of Littleberry Underwood, Louis Powers, Dorsey Winbourne,
Temple Tunley? & Empson Thompson.

And also in said cause the following decree was read and ordered to be
enrolled, It is ordered adjudged and decreed, that this Court will take
jurisdiction of the case made by the Bill.

It is further ordered that it be refered to the Register to state and
report to the present term an account between the Complainants and the
Estate of Joseph Thompson deceased, in which he will charge them, with
all wherewith by law they are chargeable & give them credit for all
proper disbursements. The Register will allow the Complainants as a
credit for draining of Sinking Creek what the same were reasonably worth.

All further questions are reserved for the coming in of the Registers report
May 16th 1859 John Foster, Chancellor

Page 250
May 16, 1859
#180
Anna Hough vs Wm Hough

In this cause the motion of complainant the same stands dismissed at the
complainant’s costs.

Page 250
May 16, 1859
#182
Louis B Curton vs Elizabeth Curton

On this cause the testimony was published. And the Complainant offered
the following testimony of N H Rice, Ransome Peeden, Wiley T Hawkins,
James J Bailey, Richard A Bailey & V M Benham.

Page 253
May 17, 1859
#160
Thomas J Harwell et al vs John M Harris et al

In said cause an order was made to publish testimony.

The complainants offer the following testimony: of Elijah Fowler, Jesse
Denson, Jesse Oakley, Joseph Ijames, Walter G Cenn?, Benjamin F Karsner,
John A Smith, Richard B Baugh, Robert B McKnight, Thomas Dewberry,
Baylor B Barker, Exhibits & agreements on file.

Defendants offer the testimony of James P. Oakley & Wm B L Thrasher.

Page 253
May 17, 1859
#182
Louis B Curton vs Elizabeth Curton

In said cause the Chancellor rendered the following decree.

It is ordered adjudged and decreed that the bonds of matrimony existing
between Complainants and Defendants be dissolved & the complainant
divorced a vinculo matrimonii from the said defendant. It is further
ordered adjudged and decreed that Complainant pay the costs of this
suit. John Foster Chancellor May 17th, 1859.

Page 254
May 17, 1859

This day appeared in open court David J Mitchell who made application to
be admitted to practice as an Attorney in the several courts in this
state, and the said application being found, on examination made in open
court, duly qualified in knowledge of the law of real property, of the
law of personal property, of the law of pleading & evidence, of the
commercial law of the criminal law of chancery & chancery pleading, and
of the Statute laws of this state, and it being shown by evidence
satisfactory to the court that said applicant is of good moral character
- It is therefore ordered that the said David Mitchell is of good moral
character & possesses the necessary qualifications of learning & ability
to practice in the several courts of this state the & said David J
Mitchell having taken filed the oath to support the constitution of this
state & of the United States & not to violate the duties enjoined on him
by law he is hereby admitted & licenced to practice in all the courts of
this state except the Supreme Court.
John Foster Chancellor

Page 258
May 19, 1859
#186
Garrick Campbell Admr vs John T Farmer et al

Came the parties by their solicitors, and the testimony in said cause
was opened by consent; The Complainants offered the testimony of John
Gracy, W T Hawkins, N H Rice, Daniel McKee, Robert Howell, N W Walker, S
C Posey, Wm B Wood & John E Moore.
The Defendants offered the testimony of Wm Hays, V M Benham, Ed Brown,
John A Kennedy, John W Chisholm, S T W Ives, Julius House, & Thomas T
Pettus.

Page 262
May 21, 1859
#166
Sidney C Posey & Pugh Houston Executors of Joseph Thompson dec’d vs
Josephone T Bryan et al

... It appears by said report thatthe shares of Josephine Thompson - now
Josephine Bryan & Sam’l M Thompson respectively in the hands of the
executors for distribution is 20,873.48 and that Sidney C Posey has paid
to her with the written approbation of her husband six thousand six
hundred & twenty five dollars and that she has received from Pugh
Houston with the like approbation of her said husband fourteen thousand
two hundred and forty nine dollars and forty eight cents, Thus paying
her in full up to the present time.
... Funds remaining in hands of executors

Pugh Houston has filed his resignation of the office of executor on
account of non residence he is subject to a decree for payment of what
is in his hands belonging to Saml M Thompson ...

Page 263

On the 1st day of this term (May 1859) this cause was submitted without
argument to the court for a decree as to the several matters of equity
mentioned in the bill of complainant ... under the will of the sd Joseph
Thompson dec’d.

The complainants in the 14th paragraph of their bill shew that two negro
men were sold by them during their management of said estate for being
refractory - one in the year 1850 named Isaac for 800 Dollars and
another named Ned on the 13th March 1855 for 1175 dollars on 12 months
credit - which money was not invested in other negroes to supply their
places - because those were slaves sufficient to work the plantation
without them, looking to good husbandry - and ask for the sanction of
the court as to the non investment.

In the opinion of the court the executors acted in not supplying the
slaves in place of those sold for the best interests of the Estate and
their cause in reference to this subject is hereby sanctioned and
approved and the Register is ordered in accounting to charge against the
executor receiving the money for said slaves respectively - the price
for which they were sold with equitable interest.

By the 15th Section of the Complainant’s bill they set forth that from
200 to 500 acres of the plantation of sd defendants as legatees was
submerged by ponds and the overflow of a creek called Sinking Creek so
as to render it unfit for cultivation, greatly injuring the plantation,
killing a large quantity of valuable timber & causing the place to be
unhealthy. That many persons living adjacent to that creek united to
drain it & reclaim the overflowed lands that? united with others in this
object believing it would be highly beneficial to the estate and
subscribed & paid to the work of drainage 1333 33/100 dollars which
drainage alltho not entirely computed according to contract has
reclaimed already a large portion of the submerged lands of the place
worth at least 20 dollars per acre, and improving the general health -
on this point evidence has been taken & the court is satisfied that the
outlay of 1333 33/100 dollars was judiciously expended promoting the
interest of the estate both in reclaiming land & making the place more
healthy. It is therefore ordered that the said sum shall be credited to
the executors in accounting before the Register.

As to the executors purchase of 600 acres of land from Hardy Hightower
and letting Temple Turnley have 200 acres of it as set forth in the bill ...

Reasons for not investing all the estate funds not required for other
uses as directed by the will ...

Josephine Thompson has intermarried with Wm P Bryan who has made himself
a party defendant ...

Continued in Minute Book (B)


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