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LAUDERDALE COUNTY, ALABAMA
COURT RECORDS - CIRCUIT COURT

FINAL RECORD
CIVIL & STATE CIRCUIT COURT
1825 - 1826

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

NOTE: The entire record is presented here.


Page 1

No. 1251
Hugh Erwin, Assignee vs John M Campbell ) Debt

David Hubbard agent for Hugh Erwin assignee of Robt. Johnston this day
personally appeared before the undersigned Clerk of the Circuit Court of
Lauderdale County and made oath that John Campbell stands justly
indebted to said Erwin in the sum of Seventy dollars as appears from his
note dated 12 January 1825 due two months after date and the said
Plaintiff by his agent having sued out a writ against said Campbell &
requiring him to be held to bail thereon doth further make oath that the
same is not sued out for the purpose of vexing or harrassing said
defendant. Sworn to & subscribed before me this 21st March 1825. D.
Hubbard. Sworn to before me P Ward, Clk

Capias issued to wit.
The State of Alabama to the Sheriff of Lauderdale County Greeting.
You are hereby commanded to take the body of John M Campbell wherever he
may be found in your county and him safely keep so that you have his
body before the Judge of our next Circuit Court to be held for the
County of Lauderdale at the Court house in the town of Florence on the
first Monday after the fourth Monday in March instant to answer Hugh
Erwin assignee of Robert Johnston of a plea that he render to him
Seventy Dollars which he owes & from him detains to his damage fifty
dollars. Herein fail not and have you this Writ at the Clerk’s office of
said County three days previous to the first Monday after the fourth
Monday in March instant. Witness Presley Ward Clerk of our said Court at
office this 21 day of March 1825 and of American Independence the forth
ninth year. Issued 21 day of March 1825. Test P Ward Clerk.

Cause of action to wit.
This action is founded on a promissory note made by the defendant on the
12th January 1825 payable two months after date to Robert Johnston for
the sum of Seventy dollars said Johnston on the 15th January 1825
assigned said note to the Plaintiff for value rec’d. Bail is required
for the amt. of the said note as pr. affidavit appears of the Plaintiffs
attorney filed in Clerks office for said sum of $70.00. D. Hubbard P Q.

Return. Thereon to wit came to hand 20th March 1825. Executed and
delivered a coppy of the within to the defendant 28th March 1828. J N
Baker Shff By his Deputy A. W. H. Clifton and with said Writ the sheriff
returned the following Bail bond to wit

Bail Bond
The State of Alabama Lauderdale County
Know all men by these presents that we John M Campbell and Joseph R King
and W. W. Garrard are held and firmly bound unto Joseph N Baker Sheriff
of Lauderdale County or his assignment in the joint and full sum of one
hundred & forty dollars lawful money of the state to which payment well
and truly to be made, we bind ourselves and each of our heirs firmly by
these presents sealed with our seals and dated the 28th day of March
1825. The condition of the above obligation is such that the said Joseph
R. King & W W. Garrard hath undertook in behalf of the said John M
Campbell to be his special bail in an action now instituted in the
Circuit Court of said County of Lauderdale wherein Hugh Erwin assignee
is Plaintiff and John M Campbell defendant and in case said John M
Campbell should be cast in the action he shall pay and satisfy the
condemnation of said Court or surrender his body in Custody of the
Sheriff of said County or that the said Joseph R. King & Wm W Garrard
will do it for him. Given under our hands and seals this day and date
above written J. M. Campbell (Seal) Joseph R King (Seal) W W Garrard (Seal).

Assignment to wit.
I, Joseph N Baker Sheriff of the County of Lauderdale do hereby assign
the within obligation and condition to Hugh Erwin assignee etc. his
Executors and administrators to be sued for according to the statute in
such cases made and provided. In witness whereof I have hereunto set my
hand and seal this 28th day of March in the year of our Lord 1825. J N
Baker Shff (Seal) By his deputy A W H Clifton.

And at the April term of said Court and being the fifteenth 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..

And the Plaintiff by his attorney on the Second day of June 1825 filed
his Declaration as follows to wit.
The State of Alabama Lauderdale County Circuit Court April term for 1825.
Hugh Erwin assignee of Robert Johnston by attorney complains of John M
Campbell in custody etc. of a plea that he render to him seventy dollars
which to him he owes & from him detains etc. For that said defendant on
the 12th day of January 1825 at in the County of Lauderdale aforesaid
made his promissory note of that date signed with his name (by the
description of J. M. Campbell) and here shewn to the Court wherein he
promised two months after the date thereof to pay Robert Johnston
Seventy dollars for value recd of him and afterwards to wit. on the 15th
January 1825 the said Robert Johnston by the description of Robt.
Johnston assigned said promissory note to the plaintiff for value
received of which said defendant had notice by means whereof the said
defendant became liable to pay said Plaintiff said sum of money yet said
defendant although often requested hath not as yet paid said Plaintiff
said sum of money or any part hereof nor did he pay the same to said
Robert Johnston before notice of the said assignment, but the same to
the said plaintiff to pay he the said defendant hath failed & refused &
still refuses to the plaintiffs damage fifty dollars wherefore the
plaintiff sues.
D. Hubbard. P. Q.

And on the 19th day of September 1825 the defendant by attorney filed
his plea as follows to wit. John M Campbell adj Hugh Erwin assignee. And
now said defendant by his attorney comes & defends the wrong and injury
when etc. and says artis nont. because he says that he doth owe the said
sum of money above demanded or any part thereof in manner and form as
the said plaintiff hath above complained against him & of this he puts
himself upon the country etc. . Coalter & Irvine Pro deft.

And there is endorsed on the trial Docket of said Court the following.
And now said plaintiff by attorney signs Judgment for the defendants
failure to plead or demur to Plff said declaration 2nd Sept. 1825. D.
Hubbard P.Q.

And said cause was continued till this term to wit. the April term and
being the thirteenth day of April 1826. Comes the parties by attorney
and the defendant withdraws his plea by him heretofore pleaded & saying
nothing in bar or preclusion of the plaintiffs action It is therefore
considered by the Court that the plaintiff recover of the defendant
Seventy dollars the debt in the Plff declaration mentioned & the sum of
six dollars damage sustained by reason of the detention of said debt
besides his costs about his suit in this behalf expended.

Page 6

No. 1239
James L Armstrong, Assignee vs George W Campbell, John M Campbell ) Debt

The State of Alabama Lauderdale
This day personally appeared before me Presley Ward Clerk of the Circuit
Court of said County and makes oath that George W Campbell and John M
Campbell is justly indebted to James L Armstrong in the sum of sixty
dollars due by their note of hand dated 19th October 1824 and due one
month after date to Thomas H Alsup & there being a writ issued this day
against said George W Campbell & John M Campbell in favor of said James
L Armstrong, David Hubbard, attorney for said Armstrong doth require
that the said defendants be holden to bail and the said David Hubbard
maketh oath that he does not require such bail for the purpose of vexing
or harrassing said defendants. Sworn to & subscribed before me this 28th
March in the year 1825. Thos. McDonald, David Hubbard atto. for Jas L
Armstrong. Test P. Ward Clk

Capias to wit.
The State of Alabama To the Sheriff of Lauderdale County Greeting You
are hereby commanded to take the bodies of George W Campbell and John M
Campbell wherever they may be found in your county and them safely keep
so that you have their bodies before the Judge for next Circuit Court to
be held for the county of Lauderdale at the Court house in the town of
Florence on the first Monday after the fourth Monday in March instant.
To answer James L Armstrong assignee of Thomas McDonald who is assignee
of Thomas H Allsup of a plea that they render to him Sixty dollars which
to him they owe and from him detain to his damage one hundred dollars.
Herein fail not and have you this Writ at the Clerk’s office of said
county three days previous to the 1st Monday after the fourth Monday in
March instant. Witness Presley Ward Clerk of our said Court at office
this 28th day of March 1825. and of American Independence the forty
ninth year. Issued 28th day of March 1825. Test P Ward Clerk

Cause of Action to wit.
This action is founded on the within defendants writing obligatory dated
the 19th October 1824 payable one month after date to Thomas H Alsup for
sixty dollars said sum is due and unpaid Bail required for sixty dollars
as pr. affidavit. Filed with the Clerk D. Hubbard P. Q. upon which is
the following return to wit.
Came to hand 28th March 1825. Executed on George W. Campbell same day by
delivering him a copy of the within Writ. Executed on John M Campbell
29th day March 1825 by delivering him a copy of the within Writ. J N
Baker Shff. By his Deputy N. Holland? Hellon?

And with said Writ the Sheriff of Lauderdale County made return of the
following bail bond to wit. The State of Alabama Lauderdale County. Know
all men by these presents that we George M Campbell and Wm W Garrard are
held and firmly bound unto Joseph N Baker Sheriff of Lauderdale County
or his assignment in the joint and full sum of one hundred and twenty
dollars lawful money of the state to which payment well and truly to be
made we bind ourselves and each of our heirs family by these presents.
Sealed with our seals and dated the 28th day of March 1825. The
consideration of the above obligation is such that the said W. W.
Garrard hath undertook in behalf of the said George W Campbell to be his
special bail in an action now instituted in the Circuit Court of said
County of Lauderdale wherein Jas L. Armstrong assignee is plaintiff and
G. W. Campbell & John Campbell defendants and in case said G. W.
Campbell & J M Campbell should be cast in the action, they shall pay and
satisfy the condemnation of the court or surrender his body in custody
of the Sheriff of said County or that the said Wm. W. Garrard will do it
for him. Given under our hands and seals this day and date above
written. G. W. Campbell (Seal) W. W. Garrard (Seal)

Assignment to wit.
I Joseph N Baker Sheriff of the County of Lauderdale do hereby assign
the within obligation and condition to Jas L. Armstrong assignee his
Executors and Administrators to be sued for according to the statute in
such cases made and provided. In witness whereof I have hereunto set my
hand and seal this 28th day of March in the year of our Lord 1825. J N
Baker Shff (Seal) by his Deputy N H Marks.

John M Campbell bail bond to wit. The State of Alabama Lauderdale County
Know all men by these presents that we John M Campbell and Wm W Garrard
are held and firmly bound unto Joseph N Baker Sheriff of Lauderdale
County or his assignment in the joint and full sum of one hundred and
twenty dollars lawful money of the state to which payment well and truly
to be made we bind ourselves and each of our heirs firmly by these
presents. Sealed with our seals and dated the 29th day of March 1825.
The condition of the above obligation is such that the said W. W.
Garrard hath undertook in behalf of the said John M Campbell to be his
special bail in an action now instituted in the Circuit Court of said
County of Lauderdale wherein Jas L Armstrong assignee is plaintiff and
G. W. Campbell & J M Campbell defendants, and in case said G. W.
Campbell & J N Campbell should be cast in the action they shall pay and
satisfy the condemnation of the court or surrender his body in custody
of the sheriff of said county or that the said Wm. W. Garrard will do it
for him. Given under our hand and seals this day and date above written.
J M Campbell (Seal) W W Garrard (Seal)

Upon which is the following assignment to wit. I Joseph N Baker Sheriff
of the county of Lauderdale do hereby assign the within obligation and
condition to Jas L Armstrong, assignee, his executors and administrators
to be sued for according to the statute in such cases made and provided.
In witness whereof I have hereunto set my hand and seal this 29th day of
March in the year of our Lord 1825. J. N. Baker Shff (Seal) By his
Deputy N. H. Marks

Page 11
And at the April term of said court and being the fifteenth day of April
1825 on motion It is ordered that the time for pleading be extended and
that sixty days from the rise of this court be allowed plaintiffs to
file declarations in all cases returnable to the present term and thirty
days thereafter to defendants to plead etc.

Declaration to wit. The State of Alabama Lauderdale County.
Circuit Court. April term 1825.
James L Armstrong assignee of Thomas McDonald assignee Thomas H Alsup by
attorney complains of George W Campbell & John M Campbell in custody
etc. of a plea that they render to him sixty dollars which to him he
owes & from him detains etc. For that said defendants on the 19th of
October 1824 in the county aforesaid made their writing obligatory of
that date sealed with their seals & here shewn to the court wherein they
promised one month after the date thereof to pay Thos. H. Alsup sixty
dollars & afterwards on the __ day of __ the said Those H Alsup assigned
said writing obligatory to Thomas McDonald who on the 25th March 1825
assigned the same to the plf.. of which said defendants had notice by
means whereof the said defendants became bound to pay said plaintiff
said sum of Sixty dollars. Yet said defendants, although often requested
have not nor hath either of them paid said plaintiff said sum of money
or any part thereof or have they or either of them paid the same to the
said Alsup or to the said McDonald before notice of said assignment to
said plaintiff but said sum to said plaintiff to pay they the said
defendants & each of them have & hath at all times failed refused & now
still refuse whereby the said plaintiff says he is greatly injured &
hath sustained damage to wit. damage to the amount of one hundred
dollars on amount whereof the said plaintiff brings his suit. D Hubbard
P. Q.

And on the said Docket of said Court is the following Judgment to wit.
Judgment signed for want of a plea or Demurer to Plffs declaration 15th
Sept. 1825. D. Hubbard P. Q.

And on the 19th Septr 1825 the Defendants filed their plea as follows to
wit.
George W & John M Campbell adj. James L. Armstrong. And now said
defendants by attorney come & defend the wrong & injury when etc. & says
that the said Plaintiff his action aforesaid to have & maintain ought
not because they say that after the 19th day of November 1824. to wit
the day on which said writing obligatory mentioned became due & payable
and before the commencement of this suit to wit. on the __ day of __ at
to wit in the county aforesaid they the said defendants paid said sum of
money above demanded together with all interest then due thereon
according to the tenor & effect of said writing obligatory and this they
are ready to verify wherefore they pray Judgment , etc. Coalter & Irvine
for Defts.

Bail bond to wit.
The State of Alabama Lauderdale County
Know all men by these presents that we G W Campbell & Hugh Campbell are
held and firmly bound unto M. Harkins Sheriff of Lauderdale County or
his assignment in the joint and full sum of one hundred & twenty
dollars, lawful money of the state to which payment well and truly to be
made we bind ourselves and each of our heirs firmly by these presents
sealed with out seals and dated the 8 day of April 1826. The condition
of the above obligation is such that the said Hugh Campbell hath
undertook in behalf of the said G W Campbell to be his special bail in
an action now instituted in the Circuit Court of said County of
Lauderdale wherein James L Armstrong assignee is plaintiff and G. W.
Campbell defendant and in case said G W Campbell 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 Hugh Campbell will do it for him. Given under our hands and seals
this day and date above written. G. W. Campbell (Seal) H. Campbell (Seal)

Assignment to wit.
I Martin Harkins Shff of Lauderdale County do hereby assign the within
obligation & condition to Jas L Armstrong ass. his Executors,
Administrators to be sued for according to the Statute in such cases
“maid” and provided. In witness whereof I have hereunto set my hand &
Seal this 8 April 1826. M. Harkins Shff of Lauderdale County. And said
cause continued till this term to wit the April term 1826 being the
thirteenth day of April 1826. Came the parties by attorney & the
defendants withdrawing their plea by them heretofore pleaded & remaining
undefended It is therefore considered by the Court that the plaintiff
recover of the defendants the sum of sixty dollars the debt in the
plaintiffs declaration mentioned & the sum of seven dollars and twenty
cents damage sustained by reason of the detention of said debt besides
his costs about his suit in this behalf expended.

Page 15

No. 1309
Thomas L Kelly vs John W Byrn ) Debt

The State of Alabama
To the Sheriff of Lauderdale County. Greeting.
You are hereby commanded to take the body of John W Byrn wherever he may
be found in your county, and him safely keep so that you have his body
before the Judge of our next Circuit Court to be held for the County of
Lauderdale at the Court house in the town of Florence on the 1st Monday
after the fourth Monday in September next to answer Thomas L Kelly of a
plea that he render to him the sum of Seventy dollars which to him he
owes and from him unjustly detains to his damage one hundred dollars.
Herein fail not and have you this Writ. at the Clerk’s office of said
County three days previous to the 1st Monday after the fourth Monday in
September next. Witness Presley Ward Clerk of our said Court at office
this 22nd day of July 1825 and of American Independence the 50th year.
Issued 22nd day of July 1825. Test. P. Ward Clerk.

Cause of action to wit.
This action is brought to recover of the defendant the amount of a
promissory note executed by the defendant to the plaintiff for the sum
Seventy dollars, due one day after the date thereof and dated 18th
August 1822. No Bail required. B W Edwards Pro. Plff.

Return to wit.
Came to hand 22nd July 1825. Executed on J W Byrne and delivered him a
coppy of the within August 29th 1825. M. Harkins Shff.

And the plaintiff by attorney filed his Declaration in the following
words & figures to wit. The State of Alabama Lauderdale County) Circuit
Court. Sept. term 1825 to wit.

Thomas L Kelly by attorney complains of John W Byrn in custody etc. of a
plea that he render to him the sum of seventy dollars which to him he
owes and from him unjustly detains.

Page 16
For that whereas heretofore to wit on the 18th day of August 1822 at the
county aforesaid, the said defendant by his certain promissory note in
writing (and which is now here to the Court shown promised to pay the
said plaintiff under the name and description of Thos. L Kelly the sum
of seventy dollars one day after the date thereof and bearing date the
day and year aforesaid for value rec’d yet the said defendant although
often requested so to do hath not as yet paid said sum of money above
demanded or any part thereof but he to do this hath wholly refused and
still doth refuse so to do to the plaintiffs damage one hundred dollars
and therefore he sues. B W Edwards Pro Plff.

And the defendant by attorney filed his plea in the following words
objures to wit. on the 4th day of March 1826. And now said John W Byrn
the above named defendant by Wm B Martin his attorney comes & defends
the wrong and injury where etc. & says he doth not owe the __ to the
said Plaintiff the debt in the Plaintiffs declaration mentioned or any
part thereof in manner or form as the said Plaintiff hath above thereof
complained against him & of this said defendant puts himself upon the
country etc.. Wm B & P. Martin Atto. for Deft. Replication & issue
B W Edwards Pro Plff.

Page 17

And at the April term of said Court and being the thirteenth day of
April 1826 came the parties by their attornies and thereupon came a Jury
of good and lawful men to wit.

Reuben White
Larkin Hendrix
Josiah Thornton
William Hickman
Uriah Nanney
Charles L Crow
Lewis Edwards
Deskin D Munroe
Zebulon Jenkins
Moses Wright
William Winborn
James Gordon

who being duly elected tried and sworn to try the issue joined upon
their oath do say that they find the issue in favour of the plaintiff &
find that the defendant doth owe the sd plaintiff the sum of seventy
dollars the debt in the declaration mentioned and assess the plaintiffs
damages for the detention of said debt to twenty dollars.

It is therefore considered by the Court that the Plaintiff recover
against the defendant the said sum of seventy dollars debt and twenty
dollars the damages assessed by the Jury as above __ also his costs in
this behalf expended.

Page 18

No. 1319
Lowe & Manning vs Edward B Brown ) Case

State of Alabama
Lauderdale County

“Wm B. Martin the Plaintiffs attorney in the above case makes oath that
by the promissory note of the above named Brown and the endorsements
thereon that the said Brown appears to be indebted to said Plaintiffs in
the sum of one hundred & twelve dollars & fifty cents & that he said
Martin doth believe the same is due & unpaid & further maketh oath that
said Bail is not required for the purpose of vexing or harrassing said
Brown or other improper motive. Wm B. Martin atto. for Plff 17th Septr
1825. Sworn to & Subscribed by me Saml. Harkins a Justice of the Peace
for Lauderdale County 17th Septr. 1825. Attest. Saml. Harkins J P.

Capias issued to wit.
The State of Alabama to the Sheriff of Lauderdale County Greeting
You are hereby commanded to take the body of Edward B Brown wherever he
may be found in your county and him safely keep, so that you have his
body before the Judge of our next Circuit Court to be held for the
county of Lauderdale at the Court house in the town of Florence on the
1st Monday after the fourth Monday in September instant to answer
Bartley M Lowe & Robert J Manning merchants & partners trading under the
firm & style of Lowe & Manning of a plea of trespass on the case to
their damages two hundred & twenty five dollars & herein fail not and
have you this writ at the Clerks office of said county three days
previous to the 1st Monday after the fourth Monday in September instant.
Witness Presley Ward Clerk of our said Court at office this 17th day of
September 1825. Test P Ward Clerk upon which in the following course of
action to wit

This action of Assumpsit is brought by the within plaintiffs on a
promissory note made by the within named Brown (the defendant) & payable
to one William Renick on or before the 25th day of Decr. next after the
date thereof & dated 20th January 1825 for the sum of $112.50 in current
bank notes & indorsed by said Renick to one James Peters? and by said
Peters to the said Plaintiffs the whole of which is due & unpaid. Bail
required in the sum of $112.50 as per affidavit filed in Clerks office
Wm. B & P. Martin attos. for plffs. Return to wit came to hand Sept.
18th 1825. Executed and a copy left with the within defendant Sept. 20th
1825. M Harkins Shff.

Bail bond to wit. The state of Alabama Lauderdale County know all men by
these presents that we Edward B Brown & James Knight & Dudley Brown are
held and firmly bound unto M. Harkins Sheriff of Lauderdale County or
his assignment in the just and full sum of one hundred & twelve dollars
50/100 ct 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 20th day of Sept. 1825. The
condition of the above obligation is such that the said James Knight &
Dudley Brown hath undertook in behalf of the said Edward B Brown to be
his special bail in an action now instituted in the Circuit Court of
said county of Lauderdale wherein Lowe & Manning is plaintiff and Edward
B Brown is defendant and in case said Edward B Brown should be cast. in
the action shall pay and satisfy the condemnation of the Court, or
surrender his body in custody of the sheriff of said county or that the
said James Knight & Dudley Brown will do it for him. Given under our
hands and seals this day and date above written. Edward B Brown (Seal)
James Knight (Seal Dudley Brown (Seal) upon which is the following
assignment to wit.

I Martin Harkins Sheriff of Lauderdale County, do hereby assign the
within obligation and condition to Lowe & Manning their heirs, executors
& administrators to be sued for agreeable to the state in such cases
made & provided. In witness whereof I have hereunto set my hand & seal
this 28th day Sept 1825. M. Harkins Shff Lauderdale County.

And on the eighth day of February 1826 the plaintiff by attorney filed
his Declaration as follows to wit. The State of Alabama Lauderdale
County Circuit Court
October term 1825. Bartley M Lowe & Robert J Manning Merchants &
partners trading under the firm & style of Lowe & Manning by their
attorney complain of Edward B Brown defendant in custody of the sheriff
etc. of a plea of trespass on the case.

For that whereas said defendant on the 20th day of January 1824 at to
wit. heretofore to wit. in the County of Lauderdale aforesaid made his
certain promissory note in writing of that date, subscribed with his own
name & which is now to the court shewn, wherein & whereby he promised on
or before the 25th day of December next after said date to pay unto one
William Renick by the description of Wm. Renick one hundred & twelve
dollars & fifty cents for value received to be paid in current bank
notes & then & there delivered said note to said Renickand whereas
afterwards to wit on the 27th day of January 1824 at to wit. in the
county aforesaid the said Renick indorsed assigned & delivered said note
to one James Peters & thereby then & there ordered & appointed the sum
in said note specified to be paid to said Peters for value received and
whereas afterwards to wit on the 18th day of February 1824 at (to wit.)
in the county aforesaid & before said sum or any part thereof had been
or was paid by said defendant to said Renick or to said Titus the said
Titus ordered assigned & delivered said note to said plaintiffs &
thereby then & there ordered & appointed the said sum in said note
specified according to the tenor & effect thereof to be paid to said
plaintiffs for value recd of which several promises said defendant on
the day & year last aforesaid had notice by means whereof & by force of
the statutes in such cases made & provided said defendant hath become
liable to pay to the said plaintiffs said sum of one hundred & twelve
dollars & fifty cents in current bank notes according to the tenor &
effect of said promissory note & of the indorsements made thereon as
aforesaid & being so liable he the said defendant afterwards to wit. on
the day & year last aforesaid at to wit in the county aforesaid in
consideration thereof undertook & then & there faithfully promised said
plaintiffs to pay them said sum in current bank notes according to the
tenor & effect of said promissory note yet said defendant altho often
requested so to do hath not as yet paid to said Plaintiffs said sum in
current bank notes or in any other way or manner howsoever but to pay
the same or any part thereof in current bank notes or in any other way
or manner howsoever to said plaintiffs the said defendant hath at all
times hitherto wholly failed & refused & still refuses to the damages of
said plaintiffs two hundred & twenty five dollars & therefore they sue
etc. Wm B & P Martin attos. for plffs

And said cause continued till this term to wit the April term and being
the thirteenth day of April 1826 Came the plaintiffs by their attorney
and the defendant not appearing to defendant (sic) this suit. It is
therefore considered by the court that the plaintiff ought to recover &
as it is unknown to the court the amount of damages came a Jury of good
& lawful men to wit.

Page 23

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

who being duly elected, tried & worn to enquire of the damages in this
case upon their oath do say that they assess the plaintiffs damages to
one hundred & fourteen dollars. It is therefore considered by the court
that the plaintiff recover against said defendant the damages assessed
by the Jury as aforesaid. Also their costs in this behalf expended.

Page 24

No. 1205
Jonathan Beckwith Admr vs Henry J Hawkins & Caleb Hawkins ) Debt

The State of Alabama
To the Sheriff at Lauderdale County Greeting You are hereby commanded to
take the body of Henry J Hawkins & Caleb Hawkins wherever they may be
found in your county and them safely keep so that you have their bodies
before the Judge of our next Circuit Court to be held for the County of
Lauderdale at the Court House in the town of Florence on the first
Monday after the fourth Monday in March next to answer Jonathan Beckwith
Administrator of the Estate of Lucy Winston deceased of a plea that they
render to him one hundred dollars which from him they detain to his
damage fifty dollars. Herein fail not and have you this Writ at the
Clerks 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 19th day of February 1825. and of American
Independence the forty ninth year. Issued 19th day of February 1825.
Test P Ward Clerk.

Cause of action to wit.
This action is founded on the within defendants promissory note payable
to the said Lucy Winston within named in her lifetime for the sum of one
hundred dollars due the 1st day of January 1823 which said sum is due &
unpaid no bail required. D Hubbard atto for the plf..

Return thereon to wit. Came to hand 19th February 1825. Executed on C.
Hawkins one of the defendants by delivering him a copy of the within
Writ 19th February 1825. Executed on H. J. Hawkins by delivering him a
copy of the within Febry 23rd 1825. J N Baker Shff By his Deputy N H Marks.

And at the April term of said Court and being the fifteenth day of April
1825 on motion it is ordered that the time for pleading be extended and
that sixty days from the time of this court be allowed plaintiff to file
declarations in all cases returnable to the present term and thirty days
thereafter to defendants to plead.

The plaintiff by attorney filed his declaration on the second day of
June 1825 in the words & figures following to wit. The State of Alabama
Circuit Court for Lauderdale County April term 1825. Jonathan Beckwith
Administrator of the estate of Lucy Winston deceased by Attorney
complains of Henry J Hawkins and Caleb Hawkins in custody etc. of a plea
that they render to him one hundred dollars which from him they detain
etc.. For that said defendants before the 1st January 1823 in the
lifetime of the said Lucy Winston in the County aforesaid made their
promissory note in writing without any date thereto which is here shown
to the court & then & there delivered said note wherein they promised on
or before the first day of January 1823 to pay to said Lucy Winston on
order the sum of one hundred dollars for the hire of a negroe man called
Spotswood, yet said defendants although often requested did not pay said
Lucy Winston during her lifetime said sum of one hundred dollars or any
part thereof nor have they paid the same to the plaintiff, administrator
as aforesaid since the death of said Lucy Winston but the same to pay to
said Lucy Winston in her lifetime the said defendants have failed &
refused or to the said plaintiff administrator as aforesaid since the
death of said Lucy Winston they have entirely failed & refused & still
refuse to the Plaintiffs damage as administrator as aforesaid fifty
dollars wherefore he sues. D Hubbard P. Q.

And on the trial Docket of said court is the following to wit Judgment
signed for want of a plea on Demurer 15th Sept. 1825 . D Hubbard P. Q.
Plea payment with? And said cause was continued till this term to wit.
the April term and being the thirteenth day of April 1826. Came the
parties by attorney & the defendants withdrawing their plea by them
heretofore pleaded & say nothing further in bar of the plffs action. It
is therefore considered by the Court that the Plaintiff recover of the
defendants the sum of one hundred dollars, the debt in his declaration
mentioned and the further sum of twenty six dollars and thirty two cents
damages sustained by reason of the detention of said debt besides his
costs about his suit in this behalf.

Page 27

No. 1216
John Simpson & Co. vs Samuel Bryant ) Covenant

The State of Alabama
To the Sheriff of Lauderdale County Greeting. You are hereby commanded
to take the body of Samuel Bryant wherever he may be found in your
county and him safely keep so that you have his body before the Judge of
our next Circuit Court to be held for the county of Lauderdale at the
Court house in the town of Florence on the 1st Monday after the fourth
Monday in March next to answer John Simpson, Thomas Simpson and
Alexander McFadden, Merchants and Partners trading under the firm of Jno
Simpson & Co of a plea of covenant broken to their damages two hundred
dollars.

Herein fail not and have you this Writ at the Clerk’s office of said
county, three days previous to the 1st Monday after the fourth Monday in
March next. Witness Presley Ward Clerk of our said Court at office this
23rd day of February 1825. and of American Independence the forty ninth
year. Issued 23rd day of February 1825. Test P. Ward, Clerk.

Cause of action to wit.
This action of Covenant is brought to recover damages on account of the
defendant having failed to pay to the plaintiffs the amount of his sd
defendants writing under seal to the sd plaintiffs dated 26th July 1824
& payable on or before the 1st day of January 1825 the amount of a note
of hand under seal given by him to Godfrey F Huber for seventy four
dollars fifty six cents together with costs of suit and interest from
the date thereof. No Bail required. P. Ward Clk

Upon which is the following return to wit. Came to hand 23’d February
1825. Executed 26 Febry by delivering him a copy of the within Writ.
“J N Baker Sheff By his Deputy D. W. McKee

At the April term of said Court and being the fifteenth 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. And on the fifth day of July
1825 the plaintiffs by attorney filed their declaration in the following
words & figures to wit. State of Alabama Lauderdale County )
SS? of the term of March of the fourth Circuit of Lauderdale Circuit
Court in the year one thousand eight hundred & twenty five John Simpson
Thomas Simpson & Alexander McFadden being partners and joint dealers
together in trade and commerce under the name style and firm of John
Simpson and Company plaintiffs in this suit complain of Samuel Bryant
defendant in this suit being in custody etc. of a plea of breach of
covenant.

For that whereas the said Samuel on the twenty sixty day of July in the
year of one thousand eight hundred and twenty four at the county
aforesaid by his writing obligatory sealed with his seal which said
writing obligatory the said plaintiffs now bring here into court the
date whereof is on the day and year aforesaid did covenant promise and
agree to and with the said plaintiffs by the name and style of John
Simpson & Company they being the joint dealers in trade and commerce
under that name style and firm that he the said Samuel would on or
before the first day of January in the year one thousand eight hundred
and twenty five pay to said Plaintiffs by the name style and description
of John Simpson and Company they being such partners as aforesaid under
the firm aforesaid the amount of a note of hand under seal given by the
said Samuel to one Godfrey F Huber for seventy four dollars and fifty
six cents together with costs of suit thereon and interest from the date
thereof.

And the said plaintiffs in fact say that the said Samuel did not on or
before the first day of January in the year one thousand eight hundred
and twenty five pay to the said plaintiffs or either of them the amount
of the said note of hand under seal given by the said Samuel to the said
Godfrey F Huber for seventy four dollars and fifty six cents together
with the costs of suit thereon and interest from the date thereof or any
part or parcel thereof nor hath he as yet paid to the said plaintiffs
the amount of the said note nor the said costs of suit thereon nor the
interest from the date thereof or any part and parcel thereof. And so
the said plaintiffs in fact say that the said Samuel his covenant
aforesaid with the said plaintiffs hath not held but broken and the same
with him to hold hath refused and still doth refuse whereupon the said
plaintiffs say they are worse? and have damage to the amount of two
hundred dollars. Harris & Dawson Att for Plfs.

And the defendant by his attorneys filed his demurer as follows to wit.
Saml Bryant adj John Simpson & Co. And now said defendant comes &
defends the wrong & injury when etc. and craves oyer of the covenant or
writing obligatory in the declaration mentioned and of which profert is
made which is read to him in the words & figures following to wit. On or
before the 1st day of January 1825 I promise to pay to John Simpson and
Company the amount of a note of hand under seal given by me to George F
Huber for Seventy four dollars fifty six cents together with costs of
suit and interest from the date thereof. In testimony whereof witness my
hand & seal this 26th day of July 1824. Saml. Bryant .

Which being read & heard said defendant says that the said declaration
and the matters therein contained in manner & form as the same are above
stated & set forth are not sufficient for the said plaintiff to have or
maintain there (sic) aforesaid action thereof against him, said
defendant, and that he is not 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 and that the
plaintiffs may be barred etc. Coalter & Irvine attos.
Joinder in Demurer Dawson Atty Pro Q.

And said cause was continued till this term to wit the April term and
being the thirteenth day of April 1826 came the parties by their
attornies & the defendants Demurer to the Plaintiffs declaration being
argued it is considered by the Court that the same be overuled & said
Plaintiffs suggests the death of Alexander McFadden one of the
Plaintiffs & on motion it is ordered by the court that this suit be
revived in the name of John & Thomas Simpson surviving partners who came
by attorney & the defendant saying nothing in bar or preclusion of the
plaintiffs said action against him. It is therefore considered by the
Court that said Plaintiffs recover damages of said defendant of which
damages the Court being unadvised, Came a Jury of good & lawfull men to wit.

Page 32

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

who being duly elected tried & sworn to enquire of damages in this
behalf upon their oath do say that they assess the plaintiffs damages to
Eighty nine dollars 13 cents. It is therefore considered by the Court
that the plaintiff recover against said defendant the damages aforesaid
& the costs in this behalf.

Page 32

No. 1095
David Boshart assignee vs George Evins (Evans) ) Debt

The State of Alabama Lauderdale County

This day came David Boshart and makes oath that George Evins is justly
indebted to him the sum of Eighty dollars with interest from the 25th
day of December 1819 til paid. Said sum is due to him by the promissory
note of hand of John Widner to said George Evins dated the 9th day of
September 1819 and payable on or before the 25th day of December next
(thereafter) said note is assigned to the said Plaintiff by sd. Evins on
the 9th day of September 1819. Bail is required by the plaintiff to
secure his debt but not to vex or harrass said defendant. David Boshart,
Sworn to & subscribed this 20th Sept 1824 P. Ward Clk of Lauderdale
Circuit Court .

And thereupon issued the following capias to wit. The State of Alabama.
To the Sheriff of Lauderdale County Greeting.
You are hereby commanded to take the body of George Evins wherever he
may be found in your county and him safely keep so that you have his
body before the Judge of our next Circuit Court to be holden for said
county at the court house in the town of Florence on the 1st Monday
after the 4th Monday in September instant to answer David Boshart of a
plea of trespass on the case to his damage one hundred & sixty dollars.
Herein fail not and have you this Writ at the office of the Clerk of
said Court three days previous to the 1st Monday after the 4th Monday in
September instant. Witness Presley Ward esq. Clerk of our said court at
office the 20th day of September 1824 and of American Independence the
forty ninth year. Test P Ward Clk. Issued 20th day of September 1824.

Cause of action to wit.
This is an action brought to recover of George Evins the sum of Eighty
dollars with interest from the 25th December 1819 as assignor of a note
of hand given by John Widner to said Evins made payable on or before the
twenty fifty day of December 1819 for the sum of Eighty dollars and
indorsed by said Evins to said Plaintiff binding himself as Security on
the 9th September 1819. the whole of which appears due and unpaid. Bail
required and affidavit filed in Clerk’s office. Withers & McVay attos
for plf..

Return to wit.
Came to hand Septr 20th 1824. Executed Sept. 21st 1824 by delivering the
defendant a copy. J N Baker Shff By his Deputy A W H Clifton.

And at the October term of said Court and being the sixteenth 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 with said Writ the
Sheriff returned the following Bail bond to wit. The State of Alabama
Lauderdale County. Know all men by these presents that we George Evins
Alfred Evins & Samuel Evins are held and firmly bound unto Joseph N
Baker Sheriff of Lauderdale County or his assignment in the joint and
full sum of one hundred & sixty 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
21st day of September 1824. The condition of the above obligation is
such that the said Alfred Evins & Saml Evans hath undertook in behalf of
the said George Evans to be his special bail in action now instituted in
the Circuit Court of said County of Lauderdale wherein David Boshart
assignee is plaintiff and George Evans is defendant, and in case said
George Evans 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 Alfred Evans & Saml Evans will
do it for him. Given under our hands and seals this day and date above
written. George Evans (his mark) (Seal) Alfred Evans (his mark) (Seal)
Saml Evans (his mark) (Seal) upon which is the following assignment to wit.

I Joseph N Baker Sheriff of Lauderdale County do hereby assign the
within obligation & condition to David Boshart assignee 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
and seal 29th Sept. 1824. J N Baker Shff *Seal( By his Deputy A W H Clifton.

Declaration to wit.
The State of Alabama Lauderdale County)
Circuit Court. September Term 1824.
David Boshart by his attorney complains of George Evins in custody etc.
of a plea of trespass on the case for that John Widner heretofore to wit
on the 9th day of September 1819 at to wit in the county aforesaid made
his certain promissory note in writing of that date with the word (Seal)
(annexed to it) now here shewn to the court and then and there delivered
the said writing to the said defendant by which said writing the said
John Widner promised on or before the twenty fifty day of December
thereafter to pay said defendant the sum of Eighty dollars for value
received and the said defendant to whom the said writing or promissory
note was made payable afterwards but before the payment thereof by the
said John Widner to wit on the 9th day of September 1819 at to wit in
the county aforesaid endorsed the said writing or promissory note to the
plaintiff and by his written endorsement promised to be security for the
performance of said John Widners undertaking, and the said plaintiff in
fact saith that afterwards to wit on the twenty fifty day of December
1819 at and in the county aforesaid the said promissory note was
presented & shewn to the said John Widner & payment thereof then & there
demanded of him the said John Widner but the said John Widner did not
when the said promissory note was presented to him nor would he at any
time afterwards pay said sum of Eighty dollars or any part thereof but
the same to pay as aforesaid wholly refused & neglected so to do of all
of which said several premises the defendant afterwards on the day in
the county aforesaid had notice by means whereof he the said defendant
then & there became liable to pay the said plaintiff said sum of Eighty
dollars in said promissory note mentioned whenever he should be
thereunto afterwards requested and being so liable he the said defendant
in consideration thereof afterwards to wit on the __ day of __ in the
county aforesaid undertook & then & there faithfully promised the said
plaintiff to pay him the said sum of money in the said promissory note
specified when he the said defendant should be thereunto afterwards
requested. Nevertheless the said defendant not regarding his several
promises & undertakings but contriving & fraudulently intending craftily
& subtly to defraud & deceive the said plaintiff in this behalf did not
although he was afterwards requested to wit on the __ day of __ in the
county aforesaid paid said plaintiff

said sum of Eighty dollars or any part thereof but his said several
promises to keep, and perform he the said defendant hath hitherto failed
& refused & still refuses to the plaintiffs damage one hundred and sixty
dollars wherefore he sues. Withers & McVay attos. for plf..

And said cause was continued till this term to wit the April term and
being the tenth day of April 1826 came the plaintiff by his attorney and
the defendant, saying nothing in bar nor preclusion of the said
plaintiffs action against him remains herein undefended. It is therefore
considered by the court that the plaintiff recover against said
defendant the sum of eighty dollars the debt in the declaration
mentioned together with the further sum of forty dollars twenty five
cents damages sustained by the plaintiff by reason of the detention of
his said debt, also his costs in this behalf.

Page 38

#1254
Henry Anderson, Assignee vs Anthony H Davies & Nathaniel H Marks) Debt

State of Alabama Lauderdale County Circuit Court

“This day personally appeared G. A. Dawson attorney for Henry Anderson &
made oath that Anthony H Davies & Nathaniel H Marks are justly indebted
to said Henry, Plaintiff in a suit brought by him against them in the
sum of 299 dollars 25 cents, balance of a Note of hand signed by them
under the name, firm & description of Davies & Marks, that bail is
required not for the purpose of vexing or harrassing said defendants but
to secure their appearance to said action. G A Dawson Sworn to &
Subscribed before me this 28th March 1825. P Ward Clk.

Capias to wit.
The State of Alabama To the Sheriff of Lauderdale County Greeting You
are hereby commanded to take the bodies of Anthony H Davies & Nathaniel
H Marks wherever they may be found in your county and them safely keep,
so that you have their bodies before the Judge of our next Circuit Court
to be held for the County of Lauderdale, at the Court house in the town
of Florence on the first Monday after the fourth Monday in March instant
To answer Henry Anderson assignee of Patrick Andrews of a plea that they
render unto him the sum of three hundred and eighty dollars twenty nine
cents which to him he owes & from him unjustly detains to his damages
one hundred fifty dollars.

Herein fail not and have you this Writ at the Clerks office of said
county, three days previous to the first Monday after the fourth Monday
in March instant. Witness Presley Ward Clerk of our said Court at office
this 28th day of March 1825 and of American Independence the forty ninth
year. Issued 28th day of March 1825. Test P Ward Clerk.

Cause of action to wit.
This is an action of Debt brought to recover on a note of hand made by
the within named defendants by the name firm & description of Davies &
Marks in which they promise to pay one Patrick Andrews on his order 380
dollars 29 cents for value received bearing date December 11th 1822
payable 3 days after sd date which note is assigned by the said Patrick
to the within plaintiff as appears by his assignment thereon upon said
note also appears a credit of 80 dollars & 75 cents dated 23’d January
1823 and affidavit being made by the within plaintiff’s attorney
according to an act of assembly in such case made & provided & filed in
the office of the within named court. Bail is therefore demanded for the
sum of $299. dollars 25 cents balance due upon said note. Harris &
Dawson attos. Pro. Quer.

Return to wit.
Came to hand 28th March 1825. Executed on Anthony H Davies and delivered
him a copy of the within same day came to hand. Executed on Nathaniel
Marks 29th March 1825 & delivered him a copy. J N Baker Shff By his
Deputy A W H Clifton

Bail Bond of Marks to wit.
The State of Alabama Lauderdale County
Know all men by these presents that we Nathl H Marks and Patrick Andrews
are held and firmly bound unto Joseph N Baker Sheriff of Lauderdale
County or his assignment in the joint and full sum of five hundred &
ninety eight dollars & 50/100 lawful money of the state to which payment
well and truly to be made, we bind ourselves and each of our heirs
firmly by these presents. Sealed with our seals and dated the 29th day
of March 1825. The condition of the above obligation is such that the
said Patrick Andrews hath undertook in behalf of the said Nathl H Marks
to be his special bail in an action now instituted in the Circuit Court
of said county of Lauderdale wherein Henry Anderson assignee is
Plaintiff and A H Davies & N H Marks are defendants and in case said A H
Davies & N H Marks should be cast in the action they 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 Patrick Andrews will do
it for him. Given under our hands and seals this day and date above
written. N H Marks (Seal) P Andrews (Seal) upon which is the following
assignment to wit.

I Joseph N Baker Sheriff of the county of Lauderdale do hereby assign
the within obligation and condition to H. Anderson his Executors and
Administrators to be sued for according to the statute in such cases
made and provided. In whereof Î have hereunto set my hand and seal this
30th March 1825 J N Baker Shff By his Deputy A W H Clifton.

Davies Bond to wit. The State of Alabama Lauderdale County. Know all men
by these presents that we Anthony H Davies & Henry Anderson are held and
firmly bound unto Joseph N Baker Sheriff of Lauderdale County or his
assignment in the joint and full sum of five hundred & ninety eight
dolls & 50 cts. lawfull money of the state to which payment well and
truly to be made we bind ourselves and each of our heirs firmly by these
presents Sealed with our seals and dated the 28th day of March 1825.

The condition of the above obligation is such that the said Henry
Anderson hath undertook in behalf of the said Anthony H Davies to be his
special bail in an action now instituted in the Circuit Court of said
County of Lauderdale wherein Henry Anderson assignee is plaintiff and
Anthony H Davies & N H Marks are defendants. And in case said Anthony H
Davies 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 Henry Anderson will do it for
him. Given under our hands and Seals this day and date above written. A
H Davies (Seal) Henry Anderson (Seal) Upon the same is the following
assignment to wit.

I Joseph N Baker Sheriff of the County Lauderdale do hereby assign the
within obligation and condition to H Anderson his Executors and
Administrators to be sued for according to the statute in such cases
made and provided. In witness whereof I have hereunto set my hand and
seal this 30th March 1825. J N Baker Shff By his Deputy A W H Clifton.

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

Page 43
Declaration filed 2nd July 1825 to wit.
State of Alabama fourth Circuit Lauderdale Circuit Court of March term
1825. Lauderdale County
? Henry Anderson by his attornies complains of Anthony H Davies &
Nathaniel Marks in custody etc. of a plea that they render unto him the
sum of three hundred and eighty dollars twenty nine cents which unto him
they owe & from him unjustly detain for that heretofore to wit. on the
11th day of December 1822 the said Anthony H. and Nathaniel made their
certain promissory note by the name firm & description of Davies & Marks
by which they promise to pay one Patrick Andrews on his order 380
dollars 29 cents for value received & then & there delivered the said
note, so signed as aforesaid to the said Patrick and the said Patrick to
whom or to whose order the said note was made payable after the making
of the said note before the payment of the said sum of money in the said
note specified to wit. on the __ day of __ aforesaid at the county
aforesaid assigned the said note by which said assignment he the said
Patrick then & there directed & appointed the said sum of money in said
note specified to be paid unto the said plaintiff & then & there
delivered the said note so assigned unto the said plaintiff by means
whereof & by force of the statute in such case made & provided the said
Anthony H & Nathaniel then & there became liable to pay unto the said
plaintiff the sum of money in said note specified according to its tenor
& effect & altho the said sum of money in said note so specified hath
been long since due & payable according to its said tenor & effect.

Yet the said plaintiff in fact saith that the said Anthony H and the
said Nathaniel they nor either (altho often requested so to do) did not
nor would pay the said sum of 380 dollars 29 cents in said note
specified in manner aforesaid or otherwise howsoever but have hitherto
wholly neglected & refused so to do whereby an action hath accrued to
the said plaintiff to demand & have of the said Anthony H & Nathaniel
the said money so as aforesaid specified & he saith he hath damage one
hundred & fifty dollars wherefore he sues etc. Harris & Dawson Attos.
Pro. Q.

Demurer to wit.
Anthony H Davies & Nathl Marks adj. Henry Anderson)
And now said defendants come & defend the wrong & injury when etc. &
crave oyer of the supposed promissory note in the declaration mentioned
and of which ? profnt? is read to him in the words & figures following
to wit. “Doll 380.29 Florence 11th Decr 1822 three days after date we
promise to pay to Patrick Andrews on order three hundred & eighty
dollars 29/100 for value recd. Witness our hands and Seals the date
above Davies & Marks (Seal)”. And they also crave oyer of the
indorsements on said writing which are read to them in the following
words & figures to wit “Rec’d on account of the within note eighty
dollars & seventy five cents. P. Andrews 23’d January 1823.” and “pay
the within to Henry Anderson on order - P. Andrews -” which being read &
heard said defendants say the said declaration and the matters & things
therein contained are not sufficient in Law for said Plaintiffs to have
or maintain his aforesaid action thereof against them and that they are
not bound by the Law of the land to make any answer to the same and this
they are ready to verify wherefore for want of a sufficient dul?
(possibly, declaration?) in this behalf said defendants pray Judgt. and
that the Plaintiff may be barred. Coalter & Irvine Attos.

And said cause continued till this term to wit the April term and being
the thirteenth day of April 1826 came the parties by attornies and the
defendants Demurer being argued and by the Court heard. It is considered
by the Court that said Demurer by sustained and that said Defendants
recover against said Plaintiffs their costs in this behalf expended.

Page 46.

#1247
Henry Anderson Assignee vs William M Campbell) Debt

The State of Alabama Lauderdale County

This day came George A Dawson attorney for Henry Anderson and makes oath
William M Campbell is justly indebted to sd Anderson in the sum of one
hundred & seven dollars 33 1/3 cents due by the sd defendants note under
seal to E K Hudnell for the sum of one hundred & thirty dollars, three &
1/3 dated the 26th day of March 1823. Payable on or before the 1st day
of January 1825. Sd note is assigned to Hugh Campbell on the 5th August
1824 and assigned by him to the present Plaintiff. A credit is indorsed
on sd note for $26. the balance remaining due. Bail is not required for
the purpose of vexing or harrassing said defendant. G. Agustus Dawson.
Subscribed & Sworn to before this 28th March 1825. P. Ward, Clk, Circuit
Court for sd County.

Capias issued to wit.
The state of Alabama
To the Sheriff of Lauderdale County Greeting
You are hereby commanded to take the body of William M Campbell,
wherever he may be found in your county and him safely keep, so that you
have his body before the Judge of our next Circuit Court to be held for
the county of Lauderdale at the Court house in the town of Florence on
the 1st Monday after the fourth Monday in March instant to answer Henry
Anderson assignee etc. of a plea that he render to him the sum of one
hundred and thirty three dollars & one third of a dollar, which to him
he owes & from him unjustly detains to his damages sixty dollars. Herein
fail not and have you this Writ at the Clerk’s office of said county,
three days previous to the 1st Monday after the fourth Monday in March
instant. Witness Presley Ward, Clerk of our said Court at office this
28th day of March 1825 and of American Independence the forty ninth
year. Issued 28th day of March 1825. Test P. Ward Clerk.

Cause of action to wit.
This action of Debt is brought upon a writing obligatory executed by the
within named defendant by which he binds himself to pay one E K Hudnall
the just? & full sum of 133 1/3 dollars in current money of the state of
Alabama, bearing date the 26th day of March 1823 payable on or before
the 1st day of January 1825 which note is assigned by the said E K
Hudnall to one Hugh Campbell on his order for value received as appears
by his assignment thereon dated 5th August 1824 & assigned by the said
Hugh to the within named plaintiff as appears by his assignment thereon
a credit is also indorsed on said note dated February 5th 1825 for 26
dollars as affidavit hath been made by the plaintiff’s attorney in this
suit according to act of assembly in such case made & provided & filed
in the office of the within named court. Bail is therefore demanded for
107 dollars 33 1/3 cents the balance due on said writing obligatory.
Harris & Dawson Attos Pro. Quer.

Came to hand 28th March 1825. Executed the same day on the defendant by
delivering him a copy of the within Writ. J N Baker Shff By his Deputy N
H Marks. Bail bond returned to wit.
The State of Alabama Lauderdale County
Know all men by these presents that we William M Campbell and Daniel
Ellms are held and firmly bound unto J N Baker Sheriff of Lauderdale
County or his assignment in the joint and full sum of two hundred &
sixty 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 28th day of March 1825.
The condition of the above obligation is such that the said Daniel Elems
hath undertook in behalf of the said William M Campbell to be his
special bail in an action now instituted in the Circuit Court of said
County of Lauderdale wherein Henry Anderson assignee is plaintiff and
William M. Campbell is defendant and in case said William M. Campbell
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 Daniel Elems will do it for him. Given under our
hands and seals this day and date above written. Wm M Campbell (Seal)
Daniel Elms (Seal) assignment to wit.

Page 50
I, Joseph N Baker Sheriff of the county of Lauderdale do hereby assign
the within obligation and condition to Henry Anderson assignee his
executors and Administrators to be sued for according to the statute in
such cases made and provided. In witness whereof I have hereunto set my
hand and seal this 28th day of March in the year of our Lord 1825. J N
Baker Shff By his Deputy N H Marks.

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

And on the 4th day of June 1825 the plaintiff by his attorney filed his
Declaration in the following words & figures to wit.
State of Alabama fourth Circuit, Lauderdale Circuit Court of March term
1825. Lauderdale County

Henry Anderson by his attornies complains of William M Campbell in
custody etc. of a plea that he render unto him the sum of one hundred
and thirty three dollars & one third of a dollar which unto him he owes
& from him unjustly detains. For that heretofore to wit. on the 26th day
of March 1823 at the County aforesaid the said William M Campbell made
his certain writing obligatory sealed with his seal bearing date the day
& year aforesaid which is here now to the court shewn by which said
writing he the said William M then & there, promised to pay on or before
the 1st day of January 1825. The just? and full sum of 133 1/3 dollars
in current money of the state of Alabama to one E K Hudnall & then &
there delivered the said writing to the said Hudnell & the said Hudnell
to whom the payment of the said sum of money in said writing specified
was to be made, after the making of the same & before the payment of the
said sum of money therein specified to wit on the __ day of __
aforesaid; at the county aforesaid assigned the said writing by which
assignment he the said Hudnell then & there ordered & appointed the said
sum of money in said writing specified to be paid to one Hugh Campbell &
then & there delivered the said writing to the said Hugh so assigned,
and the said Hugh to whom or to whose order the payment of the said sum
of money on said writing specified was directed to be made by the
assignment aforesaid after the making of the said writing & before the
payment of the said sum of money therein specified to wit on the __ day
of __ aforesaid at the county aforesaid assigned the said writing by
which said last mentioned assignment he the said Hugh then & there
ordered & appointed the said sum of money in the said writing specified
to be paid to the said Henry Anderson the plaintiff as aforesaid & then
& there delivered the said writing to the said plaintiff by means
whereof & by force of the statute in such case made & provided the said
defendant then & there became liable to pay to the said plaintiff the
said sum of money in said writing specified, according to the tenor &
effect. And altho the said sum of money hath been long since due &
payable according to its tenor & effect as aforesaid yet the said Henry
in fact saith that the said William M (altho often requested so to do)
did not nor would pay the said sum of 133 1/3 dollars in said writing
specified to the said Henry in manner aforesaid or otherwise howsoever,
but hath hitherto wholly neglected & refused so to do whereby an action
hath a---ed to the said Henry and he saith he hath damage sixty dollars,
wherefore he sues, etc.. Harris & Dawson attos Pro Qer.

And on the third day of September 1825 the defendant filed his Demurer
as follows to wit. Wm M Campbell ats Henry Anderson assignee etc.
And now said Campbell the defendant by his attorney comes & defends the
wrong & injury when ? and craves oyer of the said writing obligatory
which is read to him in these words to wit. On or before the first day
of January 1825 I promise to pay E K Hudnell the just and full sum of
one hundred and thirty three and a third dollars in current money of the
state of Alabama. Given under my hand and seal this 26th day of March
1823. Wm M Campbell (Seal)

And said defendant also craves oyer of the indorsements & they are read
to him in these words to wit. I assign the within to Hugh Campbell on
order for value recd this 5th August 1824. E. K. Hudnall. I assign the
within note to H. Anderson. Hugh Campbell. All which being read & heard
said defendant says said declaration & the matters therein contained in
manner & form 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 he prays judgment etc.
Wm B Martin for plf..

N. B. Plff does not say the debt was not paid to Hugh Campbell
2nd no overnment? that the H means Henry.
3 nor that defendant ever had notice of the assignment
4 nor does he say they ever were endorsed nor any signature to the
assignment.

And said cause was continued till this term to wit. the April term and
being the thirteenth day of April 1826. Came the parties by attorney and
the defendants demurer to the Plaintiffs declaration being argued was
overruled by the Court. It is therefore considered by the Court that the
said Plaintiff recover against said defendant the sum of one hundred and
and eight dollars nineteen cents the residue of the debt in the
Plaintiffs declaration mentioned, together with the further sum of ten
dollars thirty two cents for damages sustained by its detention and his
costs in that behalf expended.

Page 54

#1245
Thomas McKissack, Assignee vs Isaac Hudson & Others ) Debt

The State of Alabama To the Sheriff of Lauderdale County Greeting
You are hereby commanded to take the bodies of Isaac Hudson, John P
Norvell & William C Mayfield wherever they may be found in your county
and them safely keep, so that you have their bodies before the Judge of
our next Circuit Court to be holden for said County at the Court house
in the town of Florence on the first Monday after the fourth Monday in
March Inst.

To answer Thomas McKissack Administrator of the estate of Wilson Jones
decd of a plea that they render unto him the sum of one hundred & thirty
dollars which to him they owe & from him unjustly detain to his damage
of 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 first
Monday after the fourth Monday inst. Witness Presley Ward Clerk of our
said Court at office the 6th day of March 1825 and of American
Independence the forty ninth year. Test. Issued 6th day of March 1825. P
Ward Clk.

Upon which is the following cause of action to wit.
This writ is issued upon a note under Seal executed by Isaac Hudson,
John P Norvell & William C Mayfield to Thomas McKissack admr of Wilson
Jones decd for the sum of $130. dated the 1st day of January 1821,
payable one day after date. Harris Atty.

Return thereon to wit.
Came to hand 28th March 1825. Executed on Isaac Hudson, John P. Norvell
& Wm C Mayfield & delivered each of them a copy of the within March 30th
1825. J N Baker Shff By his Deputy A W H Clifton.

At the April term of said court and being the fifteenth 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..

And the plaintiff by his attorney filed his Declaration in the following
words and figures to wit.
State of Alabama Lauderdale County )
Circuit Court March term 1825.

Thomas McKissack Administrator of the estate of Wilson Jones dec’d
complains of Isaac Hudson, John P Norvell & Wm. C Mayfield heretofore to
wit on the 1st day of January 1821 in the County of Lauderdale aforesaid
made & executed to the said plaintiff their certain writing obligatory
of that date there (sic) own proper hands & seals being thereunto
subscribed which said writing obligatory is to the court now here shewn
the date whereof is the day & year aforesaid by which said writing
obligatory they the said defendants bound themselves & then & there
promised to pay said plaintiff by the name & description of Thomas
McKissack Administrator of the estate of Wilson Jones deceased one day
after the date of said writing obligatory the joint & full sum of one
hundred & thirty dollars for value of him received.

Nevertheless said plaintiff doth aver that said defendants did not one
day after the aforesaid date of the aforesaid writing obligatory or at
any other time pay him said sum of $130. the debt in the writing
obligatory afs’d specified or any part thereof but to pay the same
though often requested hitherto altogether have refused & still do
refuse to the damage of said plaintiff of one hundred dollars and
therefore he sues. Harris & Dawson Attos P Q Plf brings into county here
letters of Administration etc. by which it will appear.

And the defendants by attorney filed the following plea to wit.
Thos. McKissick vs Isaac Hudson et al) Lauderdale Circuit Court
March term 1825
And now said defendants come & defend the wrong & injury when ? & pray
Judgment of said original Writ & that the same may be quashed because
the ? said action is in the name of Thomas McKissick administrator of
Wilson Jones dec’d & said Writ is in the debit & detinct? when it ought
to have been in the detrist? only & this they are ready to verify
wherefore they pray Judgment of said original Writ & that the same may
be quashed. Coalter & Irvine attos for the Defendants

And this cause was continued till this term to wit. the April term and
being the thirteenth day of April 1826. Came the parties by their
attornies, and the defendants withdrawing their plea in this behalf
remained undefended. It is therefore considered by the Court that the
said Plaintiff recover against said defendants the sum of one hundred
and thirty dollars the debt in the declaration mentioned together with
fifty five dollars for his damages sustained by its detention and the
costs in this behalf expended.

Page 58

#1197
John Chisholm & Others, Executors vs Edward & Oliver Gressom) Covenant
broken

The State of Alabama To the Sheriff of Lauderdale County Greeting

You are hereby commanded to take the bodies of Edward Gressom & Oliver
Gressom wherever they may be found in your county and them safely keep,
so that you have their bodies before the Judge at our next Circuit Court
to be held for the County of Lauderdale, at the Court house in the town
of Florence, on the first Monday after the fourth Monday in March next
to answer John Chisholm Solomon D Spain Executors of the last will &
testament of Marshall D Spain deceased who sue for the use of Liman? D
Brewster of a plea of Covenant broken to their damages two hundred
dollars. Herein fail not and have you this writ at the Clerk’s office of
said county three days previous to the fourth Monday in March next.
Witness Presley Ward Clerk of our said Court at office this 1st day of
February 1825 and of American Independence the forty ninth year. Issued
1st day of February 1825. Test P Ward Clerk

Cause of Action to wit.
This action is founded on a writing obligatory executed by the
defendants to Marshall D Spain in his lifetime to wit on the 6th of
February 1824 for the payment on or before the 25th day of December
thereafter of one hundred & ten dollars to be paid in current bank notes
for value rec’d. No bail required. Coalter & Irvine attos pro. qr.

Return thereon to wit.
Came to hand 4th Feby 1825 on O Grissom by delivering him a copy of the
within Write & in full on Edward Gressom by delivering him a copy of the
within Write 1st March 1825. J N Baker Shff By his Deputy D W McKee.

At the April term of said court and being the fifteenth 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 time and thirty
days thereafter to defendants to plead etc.

Declaration to wit.
Filed the 26th August 1825.
State of Alabama Lauderdale County March term of the Circuit Court 1825.
John Chisholm & Solomon D Spain, executors of the last will & testament
of Marshall D Spain deceased, who sue for the use of Leiman D Brewster
by attorney, complain of Edward Grissom and Oliver Gressom in custody
etc. of a plea of covenant broken. For this to wit. that said defendants
on the 6th day of February 1824 at __ to wit in the county aforesaid
made their certain deed in writing of the date aforesaid signed with
their names sealed with their seals & now to the court here shewn
whereby they bound themselves & promised on or before the 25th day of
December next to pay or cause to be paid to Marshall D Spain on order
the sum of one hundred & ten dollars to be paid in current bank notes
for value rec’d (and afterwards to wit on the __ day of __ the said
Marshall D Spain departed this life leaving his last will & testament &
thereby making & appointing said plaintiffs, Executors thereof which
will & testament was duly admitted to record of Probate thereof granted
by the Orphans Court of the County of Lauderdale aforesaid and said
plaintiffs bring into Court here their letters testamentary which
sufficiently prove to the court here the granting thereof to the said
John Chisholm & Solomon D Spain in form aforesaid being date the __ day
of __ 182_.

Yet said defendants altho often requested, have not & performed their
said covenant but hath broken the same in this that said defendants have
not nor that either of them paid to the said Marshall D Spain during his
lifetime nor to the plaintiffs since his decease said sum of one hundred
& ten dollars in current bank notes or in any other manner whatsoever
but o pay the same in current bank notes or in any other manner have
entirely failed & refused & still do refuse to the plaintiffs damage
$200 dollars therefore they sue etc. Coalter & Irvine attos. Pro. Q.

Page 61
And on the trial Docket of said Court is the following to wit: The
plffs. by atto. signs Judgment by default 26th August 1825. Coalter &
Irvine attos. P. Ward Clk.

And said cause was continued till until this term to wit, the April term
and being the thirteenth day of April 1826 Came the plaintiffs by their
attorney & and defendants saying nothing in bar or preclusion of the
plaintiffs action against. It is therefore considered by the Court that
a Jury come to enquire of the damages in this case whereupon came a Jury
of good & lawfull men to wit

Page 61

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

who being duly elected tried, & sworn to assess the damages in this case
upon their oath do say they assess the plaintiffs damages to one hundred
five dollars sixty cents. It is therefore considered by the Court that
the plaintiffs recover against said defendants the damages assessed by
the Jury as aforesaid. Also their costs in this behalf expended.

Page 62

#1253
Nathaniel Futrel vs Ira Gains & Abijah Best) Debt

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

You are hereby commanded to take the bodies of Ira Gaines & Abijah Best
... Judge of our next Circuit Court to be held for the county of
Lauderdale at the Court house in the town of Florence on the first
Monday after the fourth Monday in March inst To answer Nathaniel Futrel
of a plea that they render to him the sum of Eighty two dollars & fifty
cents which to him they owe and from him detain to his damage fifty
dollars.

Herein fail not and have you this Writ at the Clerk’s office of said
County three days previous to the first Monday after the fourth Monday
in March inst. Witness Presley Ward Clerk of our said Court at office
this 29th day of March 1825 and of American Independence the 49 year.
Issued 29th day of March 1825. Test P Ward Clerk

Upon which is the following cause of action to wit.
This action is to recover the amount of a note executed by the
defendants to the plaintiff 3rd of Nov. 1824 payable 25th Decr next for
the sum of Eighty two dollars & fifty cents. Coalter & Irvine attos

Upon the said Writ is the following return. Came to hand 29th March
1825. Executed same day came to hand on Abijah Best by delivering him a
copy of the within Writ. Executed on Ira Gains 30th March 1825 and
delivered him a copy of the within. J. N. Baker shff By his Deputy A W H
Clifton.

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

And on the 15th day of August 1825 the Plaintiff by his attorney filed
his Declaration as follows to wit.
State of Alabama Lauderdale County Circuit Court
March term 1825
Nathaniel Futrell by his attorney complains of Ira Gains and Abijah Best
in custody etc. of a plea that they render to him the sum of Eighty two
dollars & fifty cents which to him they owe & from him unjustly detain.
For this to wit. that on the 3rd day of November 1825 at to wit in the
County aforesaid said Ira Gains & said Abijah Best (by the description
of Abij. Best) made their certain writing obligatory of that date signed
with their names as above set forth and described whereby they promised
& bound themselves to pay the plaintiff (by the description of N A
Futrell) on demand the 25th day of December next (after the date
aforesaid) Eighty two dollars and fifty cents in current money for value
recd. Yet said defendants have not paid said sum of Eighty two dollars &
fifty cents altho said plaintiff has often demanded and requested
payment of the same but to pay the same or any part thereof said
defendants have entirely failed & refused & still do refuse to the
damage of the plaintiff of $50. therefore he sues etc. Coalter & Irvine
attos pro plf..

And on the trial Docket of said Court is the following to wit. Judgt.
taken by default for want of an appearance & plea this 29th Augst 1825.
Coalter & Irvine attos pro plf.. P Ward Clk. And said cause was
continued from term to term till this term to wit the April term and
being the thirteenth day of April 1826 came the parties by attorney and
the defendant saying nothing in bar of the plaintiffs action against him
was herein undefended. It is therefore considered by the Court that the
Plaintiff recover against said defendants the sum of Eighty two dollars
& fifty cents the debt in the Plaintiffs Declaration mentioned together
with the further sum of Eight dollars & fifty cents for damages
sustained by its detention and his costs in this behalf expended.

Page 65

#1232
William Shepperd vs Matthew & James Reed ) Debt

The State of Alabama
To the Sheriff of Lauderdale County Greeting
You are hereby commanded to take the bodies of Matthew Reed and James
Reed wherever they may be found in your county and them safely keep, so
that you have their bodies before the Judge of our next Circuit Court,
to be held for the county of Lauderdale at the Court house in the town
of Florence on the 1st Monday after the fourth Monday in March instant
to answer William Sheppard of a plea that they render to him the sum of
sixty five dollars which to him they owe & from him unjustly detain to
his damage fifty dollars. Herein fail not and have you this Writ at the
Clerk’s office of said county three days previous to the 1st Monday
after the fourth Monday in March instant. Witness Presley Ward Clerk of
our said Court at office this 15th day of March 1825 and of American
Independence the forty ninth year. Issued 15th day of March 1825. Test P
Ward Clerk

Cause of action to wit.
This action is founded on a promissory note executed by the defendants
to the plaintiff on the 27th March 1824 for the payment on or before the
25th day of Decr thereafter of sixty five dollars for value rec’d. No
bail required. Coalter & Irvine atty Pro. Qr.

Return thereon to wit.
Came to hand 16th March 1825. Executed on Jas. Reed & delivered him a
copy of the within March 24th 1825. Matthew Reed not found in my county.
J N Baker Shff by his Deputy A W H Clifton.

At the April term of said court and being the fifteenth 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. and on the 15th day of
August 1825 the Plaintiff by his attorney filed his declaration in the
following words & figures to wit.

State of Alabama Lauderdale County)
Circuit Court. March term 1825
William Sheppard by his attorney complains of Matthew Reed & James Reed
in custody etc. of a plea that they render to him the sum of Sixty five
dollars which to him they owe & from him unjustly detain. For this to
wit. That the said defendants on the 27th day of March 1824 at to wit in
the county aforesaid made their certain note in writing commonally
called a promissory note of that date their own proper names being
thereunto subscribed & which is now here shewn to the court where? they?
promised that they or either of them would pay to said plaintiff or
holder on or before the twenty fifth day of December next after the date
aforesaid the sum of sixty dollars for value rec’d. Yet said defendants
altho often requested have not paid to the plaintiff said sum of $65
dollars or any part thereof but to pay the same or any part thereof have
hitherto wholly refused still do refuse to the plaintiffs damage fifty
dollars therefore he sues etc. Coalter & Irvine attos.

And the defendant filed his plea on the 29th August 1825 as follows to wit.
Matthew Reed & Jas Reed ats. Wm Sheppard ) In debt
The said defendants by Wm B Martin their attorney come & defend the
wrong & injury when where etc & say that they do not owe to said
plaintiff the sum of money in said plaintiffs declaration demanded or
any part thereof in manner & form as the said plaintiff in said
declaration thereof complained against them & of this they put
themselves upon the country etc. Wm B. Martin atto for Defts.

Said cause was continued until this term to wit. the April term and
being the thirteenth day of April 1826 Came the plaintiff by his
attorney and discontinues his suit in this behalf as to Matthew Reed &
the other defendant withdrawing his plea saith nothing in bar or
preclusion of the plaintiff’s action against him. It is therefore
considered by the Court that the Plaintiff recover against said
defendant James Read the sum of Sixty five dollars the debt in the
declaration mentioned together with six dollars & seventy five cents
damages sustained by the Plaintiff for the detention of his said debt
also his costs in this behalf expended.


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