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TABLE OF CONTENTS
2. John Carter vs Catharine Carter - p. 3b 3. John Maloy vs Mathew Payne - p. 5a 4. William Stratton Jones by his next friend Henry Cox vs William Howson - p. 6b 5. John Roller vs Nancy Roller - p. 9a 6. William Carroll vs Thomas Patterson & Thomas Brichfield - p. 10a 7. Joseph Anderson vs Susanah Anderson - p. 12b 8. Jonathan B. Roberson vs Reuben A. Higginbotham - p. 13a 9. Jonathan B. Robertson vs Anthony Winston, Wm. Jones & J. J. Winston - p. 14a 10. Jonathan B. Robertson vs Anthony Winston, John J. Winston and Benjamin L. Saunders - p. 17a 11. George Sharp vs Crabb, Thomas and Reuben A. Higinbotham p. 19b 12. Alex Gilbreath vs James White et al - p. 21a 13. Peyton Cox, Guardian for Drury, Oliver, & Jesse Thompson vs. Robt. Thompson & Robert Watkins, admrs. of Drury Thompson Decd. - p. 27b 14. Peyton Cox vs Robert Thompson & Robert Watkins, admrs. on the Estate of Drury Thompson Decd. - p. 30a 15. Richard Jones Senr. Saml. Booker & wife, Sarah Holt, and Amy Cocke vs Wm. S. Jones & John Houson - p. 33a 16. Jenny Rame by her next friend Cornelius McDaniel vs William Rame - p. 38a 17. A blank space left on the page by the court clerk seems to indicate the papers for this case were missing. 18. John Johnson, Wm. Helms, Benj. Ellis & Willis Ellis vs James Copeland, Lydia Copeland, Wm. Dupree & Ch Berry - p. 39b 19. John Renno vs John Irwin & others - p. 41b 20. Stephen S. Ewing, John Read & Clement C Clay vs Benjamin L. Sanders - p. 42 21. William Hanson vs J. B. Robinson - p. 47b 22. Gatewood Blevins vs John Bunch - p. 49a 23. Nathaniel Herbert vs William Robinson & John Bunch - p. 50b 24. Neal B. Rose vs Simon Jennings & Allen Baker - p. 61a 25. Jason L. Isbell vs Benjamin Woffard, Joseph & William Woffard - p. 68a 26. Silas Fuqua vs Leroy Pope - p. 74b 27. John Erwin vs Daniel Willis & Racheal Willis - p. 75a 28. Martha Easter by her next friend John W. Thompson vs William Easter - p. 78b 29. Wilson Strickland and Hardy Strickland vs Daniel Johnson - p. 80b 30. John M. Armstrong vs R A Higginbottom & William Blevins - p. 82b 31. John M. Armstrong vs Thomas Childress & John J. White - p. 84b 32. Isaac N. Wade vs Hugh Campbell & Neal B. Rose - p. 86b 33. John P. Brown vs Silas Fuqua & Reubin A. Higginbottom - p. 90b 34. Silas Fuqua vs Claibourne W. Saunders - p. 93a 35. Chapley R. Wilbourne vs James Hodges & Bartley Marshall - p. 94a 36. Henry Couch vs Peggy Couch - p. 96a 37. Solomon H. Smith & Wife (Polly) vs J. Mahan - p. 96b 38. Joseph Coleman vs Wm. Price & C. Price - p. 98a 39. Frances Green by her next Friend Samuel Coleman vs William Green p. 100a 40. Allen J. Davie vs John P. Hickman & Willis Pope - p. 101a 41. Aron Rice vs Joseph Finwick admr. of William C. Oneal- p. 106a 42. Stephen Lee vs John Massengale - p. 107b 43. James Rowan vs William Steadman - p. 108a From this point, cases are not consistantly numbered. 36. Samuel Nichelson vs Joseph McReynolds p. 109a 18. Samuel Smith vs Isaac Brownlow & others - p. 113b 119. John Brahan vs Neil B. Rose - p. 116a (Circuit Court 1821) 43. Gatewood Chisolm & Wife vs Ephraim Robertson - p. 119b 48. Frances Flournoy vs William Price - p. 120a 49. John J. Winston & others vs Thos. Logwood - p. 123a 42. James Augustus Wall vs Sarah McMahan & others - p. 125b 41. Andrew & Samuel Rogers vs Reasonhaus heirs - p. 131b NOTE: Case numbers lower than 55 are Superior Court cases continued to Circuit Court after statehood. 63. James O. Murray vs Allen Ward - p. 134a 85. John Bryce vs Henry Hayes & John Connally - p. 137a 84. Robert Allsup, Guardian of Louisa Ann Allsup vs Edward & Phebe Rogers adr. & adx. of James Allsup decd - p. 140a 140. John Brahan vs Phillip Galloway - p. 142b 78. David Pierce vs Martin Beaty - p. 147a 70. Nancy Clift by her friend Thomas Wilson vs Jesse Clift - p. 149b 69. Neil B. Rose vs John W. Bell - p. 151a 118. Thomas Fearn vs John E. Revine & others (Abigail Hebron and Robert Fearn) - p. 154a 113. Neil B. Rose & others (Griffin Lamkin & Francis Haynes) vs John W. Bell & others - p. 159b 102. Alexander McKinstry vs Thomas Land, James B. Collier & Allen S. Hill - p. 163b 89. John Nichols vs Pleasant Craddock, James Henry Scales & Stephen Neal - p. 168b 77. John Brown vs John Evans - p. 172b 76. John Evans vs John Brown - p. 177b 75. William Boggs & Co. (James Boggs) vs William Taylor Jr. & others - p. 179a 74. James Clemens vs Henry Alard - 183b 72. Elizabeth Smith vs Ezekiel Smith - p. 186b 66. Elizabeth Smith vs John Brahan & Stokely D. Hutchings - p. 188a 57. Henry C. Bradford vs Nathaniel Ragland & others - p. 190b 39. Marston Wade vs John Anthony - p. 195a 193. Robert V. Wayne vs Land Collier & others - p. 201a 181. Jacob A. Flournoy vs Edwin Childress & Edwin Hickman - p. 203a 178. Thomas Mosely vs Elijah King & others (Harrison King) - p. 208a 173. Wm. Rountree vs Sally Rountree - p. 212b 162. Peter Graham & Co. & others (John & William Graham & Wm. Atwood adm. of estate of Stokely D. Hutchings decd) vs Egbert Harris & others (John N. L. Jones, Ben Harris, Leroy Pope & John McKinley) - 214b 141. John Brahan & William Atwood vs Thomas H. Fletcher & others (John McClellan & Augustus Hammer) - p. 220b 132. William Atwood vs Clayton Talbot & Neil B. Rose - p. 224a 136. James W. Glasgow vs Wm. Parven & Eli Hammond - p. 232b 122. George O. Gilmore vs Wade & Vining - p. 236b 236. Samuel Dickson vs Deborah Dickson - p. 239a 208. Walter Otey & William Lewis vs Stephen S. Ewing & James Clemens - p. 241a 222. Robert Blassengam vs Elizabeth Blassengam - p. 249b 233. John Phelan & Thomas Dillon vs Hugh Price & Daniel Price - p. 251a 200. Drury Conally vs Nancy Conally - p. 253a 191. Henry Stokes vs Hugh Price - p. 254a 111. Fred Jones & Stephen S. Ewing vs Clayton Talbot - p. 255b 107. Charles Burress vs John Derrick, Richard Pryor, Henry Cook & Egbert Harris - p. 257b 106. Adam Hall vs William W. Harris & Hugh Price - p. 261a 109. Harriett Dillard vs Nicholas Dillard - p. 264b 32. William Derrick vs James McCartney - p. 265b 42. James Augustus Wall vs Sally McMahan, Nelson Bond & Martha his wife, William Austin & Polly his wife, William McMahan, Hugh McMahan, Sally McMahan Jr., June McMahan, John McMahan & Alexander Wall - p. 268a 91. John Harrod, Johnathan Clarke, Thomas McAdams vs Thomas D. Wiggins - p. 271b 3. James Gaston vs George Synes - p. 275a 58. Claibourne W. Sanders vs George Phillips - p. 276b 167. John Hamblin vs Hannah Hamblin - p. 280a 38. Amy Butcher & others vs Thomas Miller & Samuel Davis - p. 281b 52. Uriah Bass vs Jacob Lassitter - p. 283b 53. John Simmons vs William Derrick & John Peters - p. 286b 61. William Lesslie, Henry Minor, Cynthia Barrett, Elizabeth Rebecca Barrett vs William Barrett - p. 288b 71. Francis Haynes vs Jabez Isbelle - p. 295a 95. Charles Williams vs William Howson - p. 298a 64. Thomas Harley vs Sarah Harley - p. 299b 105. Jessee Cage vs John Cage & John Smith - p. 300b 110. John Bunch vs Elias Bayles - p. 306b 165. Johnathan Baker vs Abisha Camp - p. 308b 146. Isaac Lanier vs John W. Looney - p. 310b 188. Thomas Underwood vs Falconer & Comegys - p. 313a 127. John N. S. Jones vs Robert McNeil - p. 315a 182. Sugars Turner vs William McNeill & Stephen Neal - p. 320a 179. William B. Jones vs Benjamin Jones & William Jones - p. 325a 174. Robert D. Moore vs John J. Winston - p. 327b 172. Peter Williamson vs John Livingston, William Livingston, Henry Scales - p. 329a 163. William B. Johnson vs Anna M. Johnson - p. 330b 153. Willis Pope vs Eleazer Baker - p. 332a 231. Stephen Neal vs Thomas Bibb - p. 333b 251. Samuel Hopkins vs Nicholas Izzard - p. 334a 232. Stephen Neal vs Robert Thompson - p. 335a 229. Fleming Hodges vs William Howson - p. 237a 227. John C. Underwood vs William Lanman - p. 340a 223. Simeon Gearin vs David Royster - p. 343a 204. Harmon King Jr. vs Thomas Mosely - p. 345b 89. Abraham Beadle vs Letitia Beadle - 347a 246. Charles Williams vs David Moore & George Johnson - p. 348b 152. William H. T. Browne vs William G. Gilbert, Henry Minor, Benjamin Sherrod, John M. Taylor, Phillip A. Foote, William F. Taylor - p. 354a 237. Sally Rountree vs William Rountree - p. 359a 114. Nathaniel Herbert, Edward G. Kyle, David Maxwell vs John McCallister, Stephen S. Ewing, Benjamin Patteson, William Patton, Richard B. Purdom & James Prichard - p. 361b 257. Edwin H. Childress vs Samuel K. McGraw, William Sanders & LeRoy Pope - p. 369a 355. The President Directors & Co. of the Planters and Merchants Bank of Huntsville vs Irby Jones - p. 369b 30. John Echols vs David Baily & Samuel Johnston - p. 370b 35. John Leaky vs William Steadman & Thomas B. Smith - p. 374a 44. William Black vs John D. Chisolm & Isham S. Fanning - p. 377b 45. Gavin Johnston vs Samuel Johnston & others - p. 379a ??. William Calvert vs Catey - alias Catherine Calvert - his wife - p. 380b 55. Brahan & Atwood vs John M. Taylor, Phillip A. Foote, William F. Taylor, Henry Minor, Benjamin Sherrod, William G. Gilbert, Bartley M. Lorre?, W. H. F. Browne and LeRoy Pope, David Moore, Lewis Winston & John Brahan commissioners of the Town of Huntsville - p. 381b 56. William Robinson vs Willis Pope & John Hickman - p. 390b 59. William W. Harris vs Francis Newman - p. 398b ??. Waddy Pate vs Francis Newman, John F. Newman & Elizth Newman. admx - p. 402b ??. Joseph Sanders & wife & Marmaduke Williams Guardian vs Corp, Ellis & Shaw - p. 404a 73. Anne G. Taylor, William F. Taylor, Maria E. Taylor, Felix H. G. Taylor infants under the age of twenty one years by their Father & next friend John M. Taylor vs John Brahan & William Atwood - p. 406b 80. Charles Williams vs John W. Tilford & John Read - p. 409a 81. William P. Owen vs John Brahan & White and Read - p. 611b 82. Alexander Wasson vs Richard B. Purdom & others - p. 617a 88. John W. Bell vs Neil B. Rose - p. 618a 90. Naomi Pond vs Stephen Pond - p. 621b 98. Reuben Brock vs Turner Rodgers - p. 623a 99. William M. Cay vs John E. Revere, Abigail Hebron, Ferdinand Sannoner, John Boardman - p. 428a 101. Edmund Perkinson vs James Goodwin - p. 432b 116. Samuel Noble vs William Bell - p. 433b 123. John Turner vs Joseph Acklen, John Brahan & Henry Minor - p. 436a 124. John Dickey vs John Armstrong - p. 440a 127. William Bryan vs Allen Robinett, James B. Tucker & Henry ? - p. 441a ???. Edward Wood vs Reuben Turner, Irby Jones, Benjn S. Pope, Wm, B, Harris, Walter Otey, William Lewis, Earnest Benoit - p. 443a 133. William A. Moore vs Ebenezer Byram admr - p. 445a 134. John Brahan vs Clayton Talbot, William Atwood, John Martin - p. 447a 137. Nicholas Sheffield vs John W. & Robert A. Bell, Benjamin S. Pope, William Atwood - 448b 135. Wylie Russelle vs John W. & Robert A. Bell, Benjamin S. Pope, William Atwood - p. 455a 1. Robert Beaty vs. Littleberry Adams Mississippi Territory of the United States Madison County. Be it remembered that heretofore towit on the eleventh day of March in the year of our Lord one thousand eight hundred and eleven was filed in the clerks office of the Superior court of Madison County Mississippi Territory sitting in Chancery a bill of complaint in the name of Robert Beaty against Littleberry Addams in the words and figures following towit Mississippi Territory Madison County October third 1810. Robert Beaty vs Littleberry Addams Bill in Equity. To the Honorable the Judge of the circuit court for the County of Madison Robert Beaty humbly complaining showeth unto your Honor that on the 10th day of January in the year of our Lord 1810 for and a certain Little B. Addams of the County aforesaid entered into a contract and your orator sold unto the said Adams one Keelboat, six polls, four oars, one hammer, one corking chisel all in good order, for which the said Addams expressly agreed that he would pay to your orator the sum of two hundred and twenty Dollars, on certain conditions and interest under the following obligations. Dittoes Landing 10th January 1810. Received this day of Robert Beaty one Keelboat, six polls, four oars, one hammer, one corcking chisel all in good order for which I am to pay unto said Beaty fifty cents for every day untill I deliver the said Boat and other articles at this place in like good order. its understood that if the Boat should be lost or otherwise disposed of so that she cannot be here on the first day of April next, I am to pay one hundred and twenty dollars. Witness my hand the day and year above written L. B. Adams Test David Thompson. Your orator states that altho this obligation (given by the said Adams) which he prays may be taken as part of this Bill only binds the said Adams to pay him the sum of one hundred and twenty Dollars yet in Equity and Justice, he is bound and ought to pay unto your orator the sum of two hundred and twenty Dollars agreeable to the contract. your orator positively states that when he and the said Adams made the contract and at the time of executing the obligation that two hundred and twenty Dollars was the sum he agreed to pay him and no other, which David Thompson the subscribing witness to the obligation will testify. and also a number of other persons who were present - and that the sum of one hundred and twenty dollars was inserted in the bond, through mistake - for it was written in great hast, when at the boat landing, and it was some time after the obligation was executed before your orator had any knowledge or thought the bond on the said Adams called for a less sum than what he had contracted for pay him - your orator further states that the said Adams did not return the Keelboat or the other articles he purchased, by the first day of April 1810 agreeable to his contract nor has he any time since, and he further states that after he discovered that the Bond was drawn for one hundred and twenty Dollars, when in fact it ought to have been for two hundred and twenty Dollars. he made this circumstance known to the said Adams expecting that he would comply with their contract but he refused to do so and has not paid any part of the debt. Your orator further states that the Boat and articles sold to the said Adams is worth the two hundred and twenty Dollars which in Equity and Justice he is entitled to and ought to have from the said Adams. and whereas your orator is without redress by the strict rules of the common law and can only recover the sum of one hundred and twenty Dollars if he was to bring suit on said obligation because he would not be admitted to introduce oral testimony to contradict the covenant. In tender consideration thereof and as your orator is without redress except in a court of Equity where matters of fraud, deception and such mistakes are properly cognizable and relievable therefore prays that the said Adams may be compelled on oath a true answer make to all and singular the charges contained in this Bill of complaint, and more particularly whether the contract was not made as stated by your orator. whether he the said Adams did not expressly agree that he was to pay your orator the sum of two hundred and twenty Dollars for the Keelboat and other articles sold to him? Whether there was any other contract made or any other sum agreed on at the time the obligation was executed? Whether there was not a mistake in drawing the Bond that in stead of one hundred and twenty Dollars it ought to have been for Two hundred and Twenty. Whether he has ever paid your orator, or returned the Boat and articles he bought of him agreeable to the contract. and further a true answer make on oath is all and singular the charges herein contained as if again repeated and interrogated. your orator further prays that your Honor will take into consideration the hardship of his case, that you will decree that the said Adams shall pay unto him the one hundred and twenty dollars mentioned in the Bond, and one hundred dollars more, which will amount to the sum he agreed to pay him for the Boat, and articles aforesaid, together with his costs, and that your honor will make such further decrees as to you it may seem right and this your orator in duty bound will ever pray vs. Robert Beaty Compt. MDuke Williams atto. for the ptiff. This Bill filed in the office this 11th day of March 1811 and a copy and subpoena issued the 12th day of March 1811. Test Peter Perkins C_ C_ Mississippi Territory of the United States. To the Sheriff of Madison CountyGreeting. you are hereby commaned to summon Little B. Adams, if to be found in your County, to appear before the Judge of the circuit court sitting in Chancery at the town of Twickinham on the first Monday in April next ensuing to answer on oath a bid in chancery prefered against him in our said court by Robert Beaty, a copy of which Bill accompanying this which you will deliver to the said Little B. Adams. hereof fail not and have him there at that time. this writ witness Obediah Jones Judge of the court aforesaid at office the final Monday of October 1810 and the 25 year of the American Independence. Test Pete Perkins Clk of C. Court. Recd 11th March 1811 S N.Executed the 19th day of March and a copy of the Bill accompanying this summons delivered to Little B. Adams the same day 1811. S Neal Shff. And April Term 1811 the Defendant by attorney comes and files his answer to the complainants Bill in these words: ___ the answer of Littleberry Adams to a bill of complaint exhibited against him by Robert Beaty in the circuit court of Madison County Mississippi Territory before the honorable Obediah Jones Judge of law and Equity for the County and Territory aforesaid for answer thereto or to so much thereof as he is admi(tting) is material or necessary for him to answer unto; by attorney comes and causes oyas of the the plaintiffs bill which is read to him as follows. to the honorable the Judge of the circuit court for the County of Madison, Robert Beaty humbly complaining sheweth unto your honor that on the 10th day of January in the year of our Lord 1810 he and a certain Littleberry Adams of the County aforesaid entered into a contract and your orator sold unto the said Adams one Keelboat, six poles, four oars, one hammer, one corking chisel , all in good order for which the said Adams expressly agreed that he would pay to your orator the sum of two hundred and twenty Dollars on certain conditions, and entered into the following obligation Dittoes Landing 10th January 1810 and so forth and so on; which said Bill being read and heard throughout, the said Defendant saith the said Bill and the matters and things therein stated does not contain sufficient certainty or is he bou(nd) by either law or equity to make any other further answer thereto which he is ready to verify wher(efore) he prays Judgement and that he may be here dismised his costs. and for causes of Demurrer assigns the fo(llowing.) First he caus(es) by the plaintiffs ___ sw__ing he had _______ ___ -ady at law for 120 dollars, and therefore cannot resort to Equity for so much. secondly the contract exhibited as his note on the face of it shews it not to be covenant, and thus it is exhibited and expresses the covenant in other words of the bill. Thirdly because if the plaintiff has any Equity in his claim it only for ballance after deducting the one hundred and twenty Dollars. Fourthly because the said bill is informal, insufficient, and ought to be dismissed. G. Moore. __ Rodgers attos. pro Deft. And the defendant by his attorney comes and joins in demurrer and sais that the reasons assigned are insufficient, and that the demurrer ought to be executed &c MWilliams atto. -- And at October term 1811 came the parties by their attornies and after solemn argument being herd; It is considered by the court that the demurrer be overruled. and the parties ruled to answer on or before the first day of next term or the bill will be taken pro confesso. And afterwards towit at May term 1812 came the Defendant by his attorney and filed his answer to the complainants bill in the words and figures following towit --- Mississippi Territory Madison County May term 1812. Robert Beaty vs Little B. Adams In Equity. The answer of Littleberry Adams Defendant to the bill of complaint of Robert Beaty complainant. The said Defendant saving and reserving to him self now, and at all time hereafter all, and all manner of benefit and advantage of exception to the manifold imperfections and incertainties in the complainants said bill of complaint contained, for answer thereunto, or unto so much thereof, as materially concerns this Defendant to make answer unto, he answereth and saith; he admits that the contract is truly stated, and the sum or price to be paid for the boat is correct and that the obligation should have been for two hundred and twenty dollars, but the defendant says that he ought not in Justice and equity so pay that amount to the complainant and humbly hopes that your honor will decree any deduction from that sum which to your honor may seem right and equitable, and he insists that he ought not to pay the whole of that sum. 1. Because the Boat which was the principle consideration of the debt was not such as it was represented to be by the complainant, but was leaky: which fact the defendant is ready to verify as your honor may order. 2. Because in consequence of its leakiness the Defendant was detained considerable time on the river, and his trip to the Saline protracted, and the wages of his _____ boatmen enhanced, which costs this Defendant is ready to prove, as your honor shall decree. 3. Because after his arrival at the Saline the Defendant found it absolutely necessary to have the boat hauled on shore and corked a new. that the Defendant paid two dollars for the caulking and expended a considerable quantity of whiskey to have the boat laid high and dry. 4. Because this trip to the Saline was the object which induced this defendant to consent to give the price stated by the Complaintant, and the representation of the Complainant were such as to induce the defendant to believe the Boat was in perfect good order and condition, and any way fit to perform in the voyage with expidition and safety. without this that there is any other matter or thing material or necessary for this Defendant to make answer, with and not herein and hereby well and sufficiently answered unto, or avoided, traversed, or denied, is true all which matters and things the Defendant is ready to aver and prove, as this honorable court shall direct, and award, and humbly prays to be hence dismissed, with his reasonable costs and charges in this behalf most wrongfully sustained. and this Defendant shall ever pray &c. L.B.Adams. Hamilton & Walker attos. pro Defendant. Personally came before me Wm Hellms a Justice of the peace for the County of Madison, Littleberry Adams who being duly sworn, maketh oath that the facts contained in this answer so far as they are within his own knowledge are true, and those that are not within his own knowledge he believes to be true. sworn to before me this 13th May 1812. L. B. Adams. William Hellms. J. P. And afterwards towit at the same term this cause coming on to be heard and debated before the Honorable Obediah Jones Judge of the Superior court of law and Equity for the County of Madison in the Mississippi Territory sitting in chancery upon the bill and answer in the presence of counsel learned on boath sides whereupon. this court doth think fit and so ordered and decreed, and accordingly it is ordered as judged and decreed, that the said Robert Beaty have judgement against the said Littleberry Adams for the sum of two hundred and forty four Dollars together with his costs in this behalf expended and that execution issue for the same. 2. John Carter vs Catharine Carter Mississippi Territory of the United States Madison County. Be it remembered that heretofore towit day of October in the year of our (Lord one thousand eight hundred and ten) was filed in the c(ourt) _______ _______ ______ _______ _____ _ight him_____ _________ (Madison County Mississippi) Territory sitting in chancery a bill of complaint in the name of John Carter against Catharine Carter in the words and figures following towit. To the honorable the Judge of the Superior Court of Madison County, your orator John Carter humbly represents to your honor that some time in the year 1792 your orator was married to certain Katherine Blevins in due form of law and continued to live to live together in the usuel Harmony of man and wife for about the space of ten years, about which time being asshured of her infidelity and suspecting the evil loose and idle practice of his said wife Katherine sought and found her in the bed and apparently in the embraces of another man, and also at different times with diferent persons, he ______ds has reason to believe and verrely believes he can prove different acts of encontamency. that he is informed, does believe and verily believes he can prove that she made her elopement with one Cullin Arp, to the the Moabbeal or Tombigbey settlement, sometime in the month of March last from which place she has never returned. that also some time before she left this country, she took up her residence with the said Arp. all without the consent or procuration given by your orator but on the contrary often solentics her to continue under the protection of your orator as heretofore, yet she the said Katharine wholly refused to live with him, whereby your orator has become wholly divested of the social comfort and assistance of a female companion. wherefore your orator prays your honor all the aforesaid premises being considered will grant him a divorce from the loyal bonds of matrimony now existing between your orator and his said wife Katharine, and notice may be given as the law directs of this application that she the said Katherine may well and true answer make to all the aforesaid charges as if they were again hereafter interogated and repeated within the time prescribed by law and your orator as in duty bound shall ever pray &c John Carter. (subpoena) Mississippi Territory Madison County. To the Sherriff of Madison Greeting you are hereby commanded to summon Katharine Carter to appear at the next Superior court be holden for the County of Madison in the town of Twickinham on the first Monday in April next then there to answer the __________ _________ _____ _________ing _________ a(nd have) you then and there this writ. witness his honor Obediah Jones of Madison County and Territory aforesaid at the court house of said County the first Monday in October in the 35 year of sovereignty and independence of the United States of America Issued the 1st day of November 1810. P. Perkins C. C. S.C.M.C. Executed by me S. Neal Shff. 6th November 1810. And at October term 1810 it was ordered by the court that a notice be issued to the sd. Catharine Carter to answer the petition of John Carter, and that she be served with a copy of said petition. And at April Term 1811. It was ordered by the court that the Defendant appear at next Term and 1st day of the term and answer to the petition vs her or it will be taken pro confesso. And afterward towit at October Term 1811. It was ordered by the court that unless the Defendant files her answer during the present term that she will forever after be precluded from answering and that the cause be set forth at next term. And at said October Term 1811. the Defendant filed her answer to the complainants Bill in the words and figures following towit. Mississippi Territory of States Madison County October term 1811. The answer of Katharine Catherine Carter to the Bill of complaint of of John Carter for a divorce. the said Katharine admits that she was married to the said Carter in the year 1792. as stated by the complainant. this Defendant denies being in bed and in the embraces of another man as alledged by the complainant this respondant further states that if she ever was in company of one Cullen Earp, she denies having any criminal connection with him. and from the ill treatment and suspicions of the said Carter, she was compelled to leave him. this respondant further states (to) your honor that she is willing to live with the said Carter provided he will treat her as a husband ought to do, and sais the said Carter is not entitled to a divorce, and pray that your honor will not grant it. Catherine Carter. The answer (is) withdrawn. And now afterwards towit at May Term in the year of our Lord one thousand eight hundred and twelve, The cause came on to be tried before the honorable Obediah Jones Judge of the Superior court of law and equity. for Madison County Mississippi Territory in chancery on the bill of the complainant. The Defendant being _______ to answer accord___ _________________________________________________________ -___: whereupon it appearing to the satisfaction of the court that the facts stated in the said Bill are true. therefore this court doth think fit and doth so order and decree, and it is hereby ordered, adjudged and decreed that the said John be divorced from the said Catharine, and that the bond of matrimony heretofore subsisting between the said John Carter and Catharine Carter be henceforth and forever dissolved, and rendered null and void, and they are hereby declared to be no longer man and wife, but shall be taken, deemed, and considered as separate and distinct persons in law. 3. John Maloy vs Mathew Payne Mississippi Territory of the United States Madison County. Be it remembered that heretofore towit on the fifth day of September in the year of our Lord one thousand eight hundred and eleven was filed in the clerks office of the Superior court of Madison County Mississippi Territory sitting in Chancery a bill of complaint in the name of John Maloy against Mathew Payne in the words and figures following towit. Mississippi Territory of the United States Madison County _ John Maloy vs Mathew Payne Bill in Equity _ To the honorable Obediah Jones Judge of the Superior court of law and equity for the County of Madison. The Bill of complaint of John Maloy humbly complaining sheweth unto your that some time in the year of our lord one thousand eight hundred and ten, he happened in company with a certain Mathew Payne, in the county aforesaid, and they had a conversation relative to a tract of land claimed by the said Mathew, which he said lay in what is called Double heads reserve, and the said Mathew proposed to sell your orator one thousand acres, and your orator not knowing, but what he was making a purchase of a good and lawful right as it was then thought and believed, by a great number of the citizens in the county. that those who claimed under Doubleheads reserve, would have a right to the use and occupation of said land, as a great number of the white people were then settled on that tract of county. and the said Mathew at the same time avering to your honor that his claim was good, that he could have the use and enjoyment of said Land, and intending and contriving, to defraud and deceive your orator in the promises, by ____ing false statements, induced your orator to pur(chase one thousand) acres of the aforesaid land (for) six hundred Dollars. and they entered into a covenant in the fol(lowing) words towit as well as your orator recollects, and p(rays) that the said covenant may be taken as part of the bill __ Madison County Mississippi Territory February 19th 1810. this day have bargained and sold unto John Maloy a tract of land containing one thousand acres lying in Double head reserve, and the part of four thousand acres purchased by said Mathew Payne and William Wilbourn Esqr from Isham S. Fann, it being the claim of Oliver Porter, being the twenty fifth part of the Georgia Company purchase two thousand of which being my part, one thousand of which I have sold to John Wilson, and the remaining thousand to John Maloy, and the whole amount of said land, to be divided equally, in quality and quantity, the said tract of one thousand acres, I the said John Payne have sold to the said Maloy for the consideration of six hundred dollars to me in hand paid, and for the above consideration I do hereby relinquish all my right title interest and claim, that I ever had or ever may have, or my heirs withall to the one fourth part of the above mentioned tract four thousand acres of land to the said Maloy and his heirs forever, and the said Maloy is to see to the dividing and surveying of said tract of land himself. Your orator further states that at the time he and the said Mathew entered into the contract, the said Mathew informed him that the par(ties) who were interested in the said tract of land, were then w(ith) their families on the land, in order to survey and divide, and your orator accordingly went with two persons prepared to survey and divide the said land, agreeable to the contract, and he found persons on Double heads reserve, and they and your orator made diligent search to find the land, agreeable to information given by him by the said Mathew, but could (not) find the land, and he returned home. shortly after your orator saw the said Mathew, and informed him he had been to see about his land, but could not find it. and the (said) Mathew requested him to return that the Georgia Company had sent a surveyor to run out the land, and that he was to go and receive the land he had sold to him. and your orator still relying on the said representations made by the said Mathew went in search for his land the second time. ____ found all the statements made by the said Mathew to be untrue, that there was no land laid of(f) nor could he _______________ ____________ _____________ ________ ___________ (sur-) veyed, and divided, agreeable to the contract, nor has he ever been able to procure any of said land. your orator states that all this was done shortly after he made the purchase, and he was then informed and induced to believe that by the treaty made by the United States with the Indians, that tract of Country, which is called Doubleheads Reserve would remain to the use and occupation of those who might settle there agreeable to the provisions of the treaty - your orator states that by those statements and other false representations made by the said Mathew he was deceived and purchased the tract of land aforesaid, and did pay unto the said Mathew six hundred Dollars in valuable property towit. one stud horse, three years old, sixteen hand and a half big, and of good blood, one likely young horse two years old, a rifle gun, worth twenty dollars, and a bridle worth five Dollars. your orator further states that all the above property, was valued at the six hundred Dollars, which was not the value of it, but as your orator was without land and had no home he thought he was getting a good bargain in the land, was the reason he let it go at a reduced price for your orator conceives that he could have sold the stud horse for one thousand dollars, and the whole amount of the property he let the said Mathew have was worth twelve hundred dollars at a moderate calculation; your orator also states that the said Mathew has since informed him that he sold said stud horse for two thousand acres of land in Lincoln County State of Tennessee, and has reason to believe he did sell him for that quantity of land, which is worth two thousand dollars. your orator further states that he brought suit on the covenant given by the said Mathew for the said land, in the County Court of Madison, to recover damages for the injury he had sustained in consequence of the fraud, and deception used by the said Mathew, and at the last July Term, it was considered and adjudged by the said court, that your orator could not recover at common law; but must resort to a court of Equity for redress, and the suit was ordered by the court to be abated, and dismissed; your orator states that by the fraud and deception used by the said Mathew he was deceived, and parted with his property expecting he was trading with an honest man, in consequence of which he and his family has been greatly distressed and injured, nor has ever received any compensation for the property he has paid or any part therteof; all which acts and doings of the said Mathew are contrary to Equity and good conscience, and as much____________ _______ _________ ________ __________ _______ and have no relief save in your honorable court of Equity where matters and things of oppression, hardship, fraud, accident are properly cognizable and relievable CC; To the end therefore that the said Mathew (and all other confederates in the said fraud, and deception whose names are yet unknown to your orator, but when discovered may also be made partner to the bill of complaint) may true and perfect answer make, to all and singular the premises again repeated, and interogated, and more particularily whether the said Mathew did not sell to your orator the land afores(aid), whether your orator did not pay him property to the amount of six hundred dollars; whether he did not inform your orator he had sold the stud horse, for two thousand acres of land? whether he has ever paid your orator for the said property or made him any compensation for it. In tender consideration therefore your orator prays that your honor will decree, unto him the value of the property, when it came to the possession of the said Mathew, which at the lowest calculation was worth twelve hundred dollars, and that your honor will make such other and further decree in the prem(ises) as to you it may seem Just and Equitable and that a writ (or) Subpoena may issue commanding the said Mathew to appear on the first Monday in October next, at the Superior court to be held in the town of Twickinham to answer on oath to the Bill of complaint; and your orator in duty bound will ever pray &c John Maloy A.O.Williams atto. pro. ptiff. And upon which Bill issued the following Subpoena, towit, Mississippi Territory of the United States Madison County. To the Sherriff of said (County) Greeting, you are hereby command to summon Mathew Payne if to be found in your County to appear before the Judge of the Superior court, sitting in Chancery at the town of Twickinham on the first Monday in October next ensuing to answer on oath a bill in Chancery prefered against him in our said court by John Maloy a copy of which bill accompanying (this) writ, you will deliver to the said Mathew Payne, hereof fail not, and have you there at that time. this writ witness Obediah Jones Judge of the court aforesaid at office the first Monday in April 1811 and of the 35th year of the American Independance. Test W. H. Winston D Clk. S.C.M.C. Issued 10th Septr. 1811. Recd. 15th Septr. 1811. S. N. Not found 7th Octr. 1811 S.Neal Shff. 4. William Stratton Jones by his next friend Henry Cox vs William Howson Mississippi Territory of the United States Madison County. Be it remembered that heret(ofore) towit on the third day of November in the year of our lord one thousand eight hundred and twelve was filed in the clerks office of the Superior court of Madison County Mississippi Territory sitting in Chancery a bill of complaint in the name of William Stratton Jones By his next friend Henry Cox against William Howson in the words and figures following towit (The rest of page 7a is blank) And upon which Bill issued the following Subpoena. Mississippi Territory of the United States Madison County to the Sherriff of said County Greeting. you are hereby command to summon William Howson if to be found in your County to appear before the Judge of our Superior court of law and Equity sitting in Chancery in the town of Huntsville on the second monday in November 1812. to answer on oath a bill in chancery prefered against him in our said Court William Stratton Jones by his next friend Henry Cox. a copy of which Bill accompanying this writ you will deliver to the said William Howson hereof fail not and have you then and there this writ. Witness the honorable Obediah Jones Judge of the court aforesaid at office the seconday monday in May 1812. and 36th year of American Independence. Test Francis E. Harris clk. issued 3d. November 1812. Executed November 4th 1812. by me J. J. Winston and a copy left. And at November Term in the year of our Lord one thousand eight hundred twelve the Defendant filed his and answer in these words. Mississippi Territory Madison County November Term 1812. William Stratton Jones by his next friend Henry Cox vs William Howson. In Equity. The answer of William Howson the Defendant, to the Bill of complaint of William Stratton Jones by his next friend Henry Cox, complainant. the said Respondent, saving and reserving to himself now, and at all times hereafter, all and all manner of benefit and advantage of exception to the manifold imperfections, uncertainties and untruths in said complainants Bill of complaint contained for answer thereunto, or into so much therteof as may materially concern this Respondent to make answer unto, he answereth and saith. He said Respondent admits that a verbal contract was entered into and existed between said William Jones decd. and this respondent some time in the latter part of 1810. to purchase negroes and take equal shares of the profits arising therefrom, but said Jones was to provide and furnish all the money necessary for carrying to effect said contract; and this respondant was in no manner bound to furnish any part of the money to be used in conformity with said contract; said Respondent further states that said William Jones decd. did deposit in the hands of this Respondent, the sum of Eight hundred and fifty dollars with directions for this Respondent to attend and purchase negroes with said money at a Sherriff sale at the court house of Campbell County in the State of Virginia _ but said money was deposited in the hands of this Respondent for the special purpose alone of purchasing negroes at said Sherriff sale and not else where; In pursuance of said directions this Respondent did go within twenty miles of said place of Sherriffs sale, but being informed that said negroes were redeemed; and that there would be no sale, said Respondent went no further. This Respondent then went on to Lynchburg at which place he met with some negroes for sale, and did purchase the negroe girl Hannah. state in said complainants bill of complaint which said purchase was not in pursuance or conformity with the contract existing between said William Jones decd. & this Respondent or according to the directions received by this Respondent from said William Jones decd., but said purchase was made by this respondent on his own account and for his own individual use. This Respondent gave for said Negro girl the sum of two hundred dollars, which he admits was some of the money deposited in his hands by said William Jones decd., and sd. Respondent also took the Bill of sale for sd. negro girl in his own name, which in Equity and good conscience he had a right to do, as he did not purchase the sd. negro under the contract existing between this Respondent and sd. William Jones decd. but to keep and retain for his own use and benefit; This Respondent admits he has in possession said negro girl Hannah. (as he rightfully should have) and that he has refused to give up or surrender to the possession of said complainant the aforesaid negro girl, feeling conscious of the justice and equity of his right and claim. But said Respondent denies positively that he has ever refused to settle with said complainant agreeable to the contract made with said William Jones decd. This Respondent further states that said William Jones decd. never had said negro girl in his possession nor did he ever claim of the Respondent any right of property or possession in sd. negro girl; This Respondent has proposed to sd. William Jones decd. during his lifetime that (it being inconvenient for said Respondent to pay said Jones the amount of money he had used, in paying for said negro girl) if he said Jones was dissatisfied with waiting with this Respondent for said amount of money so used as aforesaid and would take said negro girl and allow said Respondent the amount he had paid for her, that he would deliver her up and transfer to said William Jones decd. the title to said negro girl; and the said Jones on every occasion de- clined taken of this Respondent either the title or possession of sd. negro girl, and observed in reply that "he (sd. Jones) had a sufficient number of such chaps." and would not receive her into possession. and this respondent avers unequivecally that he did not consider himself in any manner bound to render unto said Jones the possession and right to said negro, give under the contract, enteed into with him. And for further answer to the particular charges in sd. complainants bill of complaint; This Respondent answereth and saith that the contract entered into between this Respondent and sd. William Jones decd. was not as stated in sd. complainants Bill of complaint, this Respondent not being bound by sd. contract to advance any amount of money whatever; Said Respondent admits sd. Jones advanced as aforesaid, the sum of eight hundred and fifty dollars; and said Respondent returned six hundred and fifty dollars of said amount into the hands of said William Jones decd.having used but two hundred dollars; This Respondent advanced no money as he was not bound to do, by the contract; and did purchase said negro girl as aforesaid with two hundred dollars of the amount by sd. Jones put into his hands holding himself responsible to sd. Jones for the aforesaid sum of money. - Said Respondent denies that it was contrary to equity and justice for him to take said Bill of sale in his own name (which he did) and to have & enjoy said negro girl. Said Respondent further begs leave to state, that since the purchase of the aforesaid negro girl by him made aforesaid he has furnished said William Jones decd. during his lifetime with cash and other articles amounting in the whole to about three hundred and thirty six dollars, which will more fully appear by reference had to his account, or memorandum of said articles so furnished as aforesaid, herewith filed and marked exhibit A. which this Respondent prays may be received and considered as a part of this answer to sd. complainants Bill of complaint to all intents whatsoever. And, this Respondent avers that said account is in all respects just and true, and that he is entitled in equity and good conscience, to an allowance of this sd. account to the amount before stated against the demand of sd. complainant. Without this that there is any other matter or thing, material or neccessary for this Respondent to make answer unto, and not herein and hereby sufficiently and fully answered, confessed or avoided, traversed or denied - all which matters and things, this Respondent is ready to verify; and humbly prays such decree as this honorable court may in Equity and good conscience make and award, and that he may be hence dismissed. And at the said November Term in the year of our Lord one thousand eight hundred and twelve, came the parties by their attorneys. and on motion by the Defendent by his attorney, It is ordered by the court that the bill be quashed and that the Defendent depart hence and recover against the plaintiff his cost in his defence expended. 5. John Roller vs Nancy Roller Mississippi Territory of the United States Madison County. Be it remembered that heretofore, towit on the first day of November in the year of our Lord one thousand eight hundred and twelve was filed in the clerks office of the Superior court of Madison County Mississippi Territory sitting in chancery a bill of complaint in the name of John Roller against Nancy Roller, his wife , in the words and figures following to wit To the Honorable the Judge of the Superior court for the County of Madison, Mississippi Territory - your orator John Roller humbly complaining, represents to your honor that he was married some time in the month of April in the present year to a certain Nancy Bealor, - The object of your orator in marrying said Nancy was to live in the bonds of connubial enjoyment, with a partner who would be kind and tender in the hour of affliction and difficulties and chast and virtuous in her demeanour as a wife, generally - that such was his object and such his expectation, his faithful and affectionate treatment towards her will bear ample testimony. But to the disappointment and mortification of your orator, but a short time had elapsed before she committed numerous breaches of that contract, to which under the solemn forms of matrimony she had pledged herself to conform, during life; and insted of the chaste, affectionate conduct of a faithful wife she has defiled and debauched the marriage bed, with acts the most of adultry the most abandoned and lascivious. your orator states to your honor, that he has ever been faithful to his sd. wife Nancy and treated her with affection and tenderness untill he was apprised of her lewdness and infidelity to which no man of sensibility could, or would be bound, to submit. your orator further states to your honor that he is informed and verily believes he will be able to prove positively and unequivocally that his said wife Nancy has committed many acts of adultery with different individuals, for such has been her unchaste and vicious disposition and habits, that she has not confined her acts of illicit intercourse to any one individual above, but she has indulged with, and been common to, all who thought proper to solicit. your orator further states that he will not only be able to prove her guilty of the aforesaid acts of adultery and open lewdness, but that she the said Nancy has acknowledged and confessed volentarily without coertion or persuasion, that she had committed said acts, repeatedly, and would again do so whenever her inclination prompted contrary to her marriage vows, in violation of every principle of virtue and decency. furthermore said Nancy the wife of your orator has without the approbation or compulsion of your orator absented from his bed and board, several months since, during which time she sd. Nancy has lived separate and apart from your orator, and has frequently declared she never again intended living with your orator; And not wthstanding your orator used every exertion to induce his sd. wife Nancy to continue with him, and live under his protection as a husband, his entreaties and persuasions were of no avail. your orator further states to your honor, that the adultery of his sd. wife, and her willful separation from him, has not proceeded from any collusion or artifice on his part with sd. Nancy for the purpose of procuring a divorce from the bonds of matrimony but has proceeded wholly and entirely from her sd. Nancy's willfull and disgraceful acts of adultery committed and done without his consent or connivance, by reason whererof your orator has become totally deprived and insted of the social comforts and aid of a companion and wife and has lost all the enjoyments and advantages of the married state. Wherefore your orator prays your honor, the aforesaid premises being duly considered will grant him a divorce from the bonds of matrimony now existing between your orator and his wife Nancy. and that notice be given his said wife Nancy of this application as the law directs. that said Nancy may well and truly answer all and singular the aforesaid charges within the time prescribed by law as if they were again hereafter interrogated and repeated. and your orator as in duty bound will ever pray vs John Roller. And upon which Bill issued a subpoena in the following words. Mississippi Territory of the United States Madison County. To the Sherriff of sd. County Greeting you are hereby commanded to summon Nancy Roller to appear at the next Superior court to be held for this County aforesaid, at the court house in Huntsville on the second Monday in May next then and there to answer the petition of John Roller praying a divorce, and have you there this writ. Witness the honorable Obediah Jones Judge of the Superior court of Madison County the second Monday in November A. D. 1812. and thirty seventh year of American Independence; Issued 23d April 1813. Recd. April 24th 1813. J. F. Moore D Shff. Francis E. Harris clk. Not found Jno. F. Moore. Dd. May 19th 1813. And at May term in the year of our Lord one thousand eight hundred and thirteen, was made the following order in this cause towit The subpoena issued in this cause having been returned not found, and it appearing to the satisfaction of the court the defendant is not an inhabitant of this territory, by motion of the plaintiff by his attorney; It is ordered by the court, that publication be made in the Madison Gazette, printed in Huntsville three weeks in succession requiring the said defendant to appear at the next term of this court to be holden at the court house in the town of Huntsville on the second Monday in November next, and answer the said plaintiff, otherwise the said bill will be taken pro confesso and the matters thereof decreed accordingly. And now afterwards towit at a Superior court began and held for the County of Madison at the court house in the town of Huntsville on the second Monday in November in the year one thousand eight hundred and thirteen. This cause came on to be tried before the honorable Obediah Jones Judge of the Superior court of law and Equity for Madison County Mississippi Territory sitting in Chancery on the bill of the complainant the Defendant having refused to answer and appear and answer according to the rule of the court, the said Bill is therefore taken pro confesso. whereupon it appearing to the satisfaction of the court that the facts stated in said bill are true, therefore this court doth think fit and doth so order and decree, and it is hereby ordered, adjudged and decreed that the said John be divorced from the said Nancy and that the bond of matrimony heretofore subsisting between the said John Roller and Nancy Roller be hereafter and forever disolved and rendered null and void, and they are hereby declared to be no longer man and wife, but shall be taken deemed and considered as separate and distinct, and considered as separate and distinct persons in law. It is further decreed and ordered that the said complainant pay the costs accrued in this suit. 6. William Carroll vs Thomas Patterson & Thomas Brichfield Mississippi Territory of the United States Madison County. Be it remembered that heretofore towit, on the twenty seventh day of April in the year of our lord one thousand eight hundred and fourteen, was filed in the clerks office of the Superior court of Madison County Mississippi Territory in chancery sitting, a Bill of complaint in the name of William Carroll against Thomas Patterson and Thomas Brichfield, in the words and figures following towit. The Honorable Obediah Jones Judge of the Superior court of law and equity for the County of Madison in the Mississippi Territory in Chancery now sitting. The petition of William Carrol. Humbly complaining. Sheweth unto your Honor that on the 24th July 1812. your orator made application in writing at the land office in Huntsville for the north East quarter of section 28 in township one range one east of the meridian in the County aforesaid and having paid the first Installment to the Receiver of public moneys received from the Register of the land office a certificate for the same. Such as is usually and in all cases issued by the said Register under such circumstances. that your orator took possession of the said tract or parcel of land consisting of one hundred and fifty eight acres and 67/100 ths and continued in possession thereof until the 25th day of October 1812. at which time an agreement in the following words was entered into between your orator and a certain Moses C. Williams to wit: Articles of agreement entered into this twenty fifth day of October one thousand eight hundred and twelve between William Carrell of the one part and Moses C. Williams of the other part hath of Madison County Mississippi Territory witnesseth that the said Carrell bargained and sold unto said Williams one tract or parcel of land, lying and being in the County and Territory above written in section 28. Tw. S. no. 1 R. no. 1. East of the meridian No. E. corner of the No. E. quarter to contain thirty five acres begining at the corner stake thence south ninty and a half pole to a white oak thence nearly No. W. to a horn beam on the bank of the river thence up the river to a post oak, on the west side of the river on the section line thence to the begining 63 poles. for which Moses Williams does agree to give said Carrell thirty five dollars in cash, to be paid on or before the first day of July 1815, and said Williams does agree to pay said Carroll thirty five dollers in work on or before the first day of January 1814. to which agreement we set our hands and fire our sals the day and first above written William Carell (seal) Moses C. Williams (seal) Test William D. Williams After which contract your orator still continued in possession of the said tract or parcel of land, except the thirty five acres aforesaid sold as above to said Williams untill the eleventh March 1813. and in the mean time received of said Williams a part of the consideration money for the said thirty five acres, at which said last mentioned time a contract was made between your orator and a certain Thomas Patterson of said County who your orator prays may be made a defendant to this bill of the following purport viz. it was agreed that your orator should assign to the said Patterson his certification of which Patterson was to execute to your orator two notes or bills single obligatory under seal one for $63. and 60 cents payable on or before the 11th March 1814 the other for $67.20 cents payable on or before 11th March 1815, and it was furthered agreed between the said parties that the said Patterson should, execute his bond, to the said Williams in a sufficient sum conditioned to make a firm and substancial conveyance to said Williams of said thirty five acres of land; specified in the said agreement entered into between the said Williams and your orator so soon as a grant for the said quarter section of land could (be) obtained from the United States; according to which agreement your orator relying upon the honesty and integrity of said Patterson immediately assigned and delivered to him the said Patterson the said certificate where up said Patterson executed the notes or bills single to your orator but declined executing the bond to Williams that day and thereby exonerating your orator from his agreement with said Williams alledging some frivilous excuse nor has he ever executed said bonds although frequently applied to by your orator; but has always refused and still refuses. Soon after which transaction your (orator) having good reason, to believe that said Patterson was in slender circumstances in all probability be unable to pay your orator such damages as he was to be able to pay from his shamefull breach of contract, should he dispose of the certificate your orator has assigned to him. your orator by public notice published in the Madison Gazett. cautioned all persons against in any way taking an assignment of said certificate and to secure himself from being sued. your orator paid said Williams an equivelent and took in his agreement of said certificate, for the conveyance of said thirty five acres of land; yet not withstanding the circumstances above disclosed to your honor and after all the transactions above mentioned a certain Thomas Brichfield who your orator prays may likewise be made a defendant to this Bill with full knowledge, of these circumstances and transactions, and knowing that said Patterson was in a state of poverty, and had no property of which your orator could make himself whole, in the damages he had sustained should he obtain a judgment or decree against him, but the land your orator had sold him, and purchase said land, and take an assignment of said certificate with an intention to prevent your orator obtaining remumeration for the injury he had sustained from said Patterson; all which actings and doings of the said Thomas Patterson and Thomas Brichfield are contrary to equity and good conscience, and tend to injure and oppress your orator; in tender consideration thereof and in as much as your orator has no redress at common law, but is compelled to a court of Equity for redress; to the end therefore that the said Thomas Patterson and Thomas Britchfield upon their corporal oaths, true and perfect answer make to all and singular the premises as full and particularily as if the same was here again repeated and interogated and that the said Thomas Patterson may set forth whether he ever executed the loan to Moses C. Williams for the conveyance of the above mentioned thirty five acres of land as he had agreed to do and the said Thomas Britchfield may say whether or not, he did purchase the land of said Patterson, sold to him by your orator with full knowledge of all the transactions above stated by your orator, including the advertisement in the Madison Gazett, and that the said Patterson and Britchfield may be decreed sufficantly to assure your orator, the conveyance of the said thirty five acres of land, sold by your orator, to said Williams as aforesaid, is to pay your orator such damages as your honor thinks he has sustained by reason of the premises, and that your orator may obtain such further relief as to your honor may seem expedient. may it please your honor to grant unto your orator, writs of Subpoena, &c and your orator will ever pray &c Walker & Taylor & Clay atts. for pff. And upon which Bill issued the following subpoena. Mississippi Territory of the United States Madison County. To the Sherriff of said County Greeting: you are hereby commanded to summons Thomas Patterson and Thomas Britchfield if they be found in your County to appear before the Judge of the Superior court sitting in chancery at the court house in the town of Huntsville on the second monday in May next ensuing, to answer on oath, a bill in Chancery, prefered against them in our said court, by William Carroll, & a copy of which bill accompanying this writ you will deliver to the said Thomas Patterson and one to the said Thomas Britchfield hereof fail not. and have you then there this writ witness the honorable Obediah Jones Judge of the court aforesaid, at office the second monday in November in the year one thousand eight hundred and thirteen, and the thirty eighth year of American Independence. Issued 27th April 1814. Test Francis E. Harris clk. Executed with respect to Thomas Birchfield 2d. day of May 1814. and copy of the Bill left with him. but Thos. Patterson was not to be found. P. A. Foote D. S. (order of publication see next page.) And now afterwards to wit at a Superior court began and held at the court house in the town of Huntsville on the second monday in November, in the year of our Lord one thousand eight hundred and fourteen. Thomas Britchfield one of the Defendants to the foregoing bill filed his answer in the words and figures following (towit). The answer of Thomas Britchfield to the Bill in Equity of William Carroll, in the Superior court of law and equity in and for the County of Madison and Mississippi. This respondent states as his answer to said bill of William Carroll, that he did not know of any such publication in the Madison Gazett as is stated in said Bill, but he was informed by said Carroll that he had published Patterson in the public papers _ by which this respondent, understood that he said Carroll had publised the character of said Patterson; This respondent further states in answer to said Bill that he did purchase the quarter section of land as described in said Bill from a certain Thomas Patterson, and took an assignment on the certificate for said quarter section of land as above stated on the 9th day of October 1813. But he further states that the purchase so made with said Patterson was made with the consent, request, and approbation of William Carroll, the plff in the bill, to which this is an answer. that he said Carroll frequently insisted upon him to purchase the said quarter section from said Patterson. This respondent further states that if it had not been for said Carrols persuasions to purchase said quarter section of land, that he said respondent would not have made the purchase from sd. Patterson; and in answer further to said bill, he states that said Patterson had at the time of his purchase, of said land, to pay said Carroll, all that he said Patterson owed said Carroll, and that the purchase made by this respondent, with said Patterson for said quarter section of land, was for a valuable consideration, and not for the purpose of injuring said Carroll, or any other person, all of which facts, this respondent is not only able to prove by his answer, but by the oath of many other persons as he believes this Respondent therefore prays that the bill of the said William Carroll may be dissolved, and that he may have a decree in favor of this respondent, and that the court may make such other decree as to him may seem equitable and just. Thomas Birchfield, sworn to in open court. Francis E. Harris. clerk. (#) And at a Superior court began and held for the County of Madison and Mississippi Territory on the second monday in May in the year of our Lord one thousand eight hundred and fourteen, at the court house in the town of Huntsville, the following order of publication was made. On motion of the complainant by his counsel, it appearing to the satisfaction of the court, that Thomas Patterson of the Defendants in this case, is not an inhabitant of this Territory, but he is in It is therefore ordered that publication be made for the weeks in succession in the newspaper published in Nashville entitled the Nashville clarion requiring him to appear, at the next term of this court, and answer the bill of the complainant otherwise a trial exparte will be had And afterwards towit at a Superior court began and held for the County of Madison and Mississippi Territory at the court house in the town of Huntsville on the second monday in November in the year of our Lord one thousand eight hundred and fourteen. was made the following order towit Ordered that the order of publication be renewed, and made in the Nashville Whig three weeks in succession, (order made out first rule day.) And afterwards towit at a Superior court began and held for the County of Madison and state of Alabama at the court house in the town of Huntsville on the second monday in May in the year of Lord one thousand eight hundred and fifteen, It is ordered by the court that the contents of this bill be taken pro confessed as to Thomas Patterson. And now afterwards towit at a Superior court began and held for the County of Madison and 7. Joseph Anderson vs Susanah Anderson Mississippi Territory of the United States Madison CountyBe it remembered that here towit on the day of November in the year of our Lord one thousand eight hundred and thirteen. was filed in the clerks office of the Superior court of Madison County Mississippi Territory sitting in Chancery a bill of complaint in the name of Joseph Anderson against Susanah Anderson in the words and figures as follows towit; Mississippi Territory U. States Madison County Nov 1813. To the honorable Obediah Jones Judge, of the Superior court for the County of Madison. The petition of Joseph Anderson humbly complaining sheweth unto your honor, that on the 27th day of August 1806. he was lawfully married to Susanah Ditto, and she continued to live with him untill the 23th day of February 1810. and on that day she voluntarily left your complainants habitation, pretending that she would go to her fathers, and return, but she has never done so. al the applications and affectionate solicitations have been made to her by your complainant hoping he could induce her to come back to his bed and board; but to the great mortification of your complainant she has refused and still doth refuse, and states that she never will live with him an other day during life _ your petitioner further states that he always treated her kindly, and affectionate, as a husband while she lived with him, and done every thing in his power to comfort and render her happy. your petitioner further states that since her elopement from him, she has kept the most abandoned company, and has been Seduced, and committed adultery, with divers persons - your petitioner therefore prays that your honor will take into consideration his unhappy situation, and that the said Susanah his wife may be compelled to appear at the next Superior court, of law and Equity to be held for the county Madison, in the town of Huntsville on the second monday in November next, to answer to this bill of complaint, and may it please your honor to grant to your petitioner a divorce from his wife Susanah, that he may not be compelled to live in so distressed and miserable condition during the ballance of his life, and to make such further decree as to your honor may seem just; and your petitioner in duty bound will ever pray &c. Joseph Anderson. A. D. Williams atto. pro plt. (--- filed the Nov. Term 1813. copy served,) And at same Term came Susanah Anderson the Defendant to the foregoing bill, and filed her answer in the words and figures following towit. Madison County M Territory November Superior court. 1813. The answer of Susanah Anderson, wife of Joseph Anderson, to his Bill of complaint states to your honor that she was lawfully married to said Joseph as he has stated, and that she did leave him as he has alledged, and does take upon herself to shew to what he has stated, in his petition to be true, and that she never will live with him again and therefore prays that your honor will grant him a divorce from her, which is the desire of your respondent, Susanah Anderson (her mark). And now afterwards to wit at a Superior court began and held for the County of Madison and Mississippi Territory at the court house in the town of Huntsville on the second monday in November in the year of our Lord one thousand eight hundred and fourteen, to which term term this cause was continued. On motion of counsel and it appearing to the satisfaction of the court that there is connivance and collusion between the parties, It is therefore ordered that this bill be dismissed, and that execution be awarded against the complainant for his costs in this behalf expended &c. 8. Jonathan B. Roberson vs Reuben A. Higginbotham Mississippi Territory of the United States Madison County. Be it remembered that heretofore to wit on the eighteenth day of June in the year of our Lord one thousand eight hundred and fourteen, was issued from the Superior court of Madison County Mississippi Territory in chancery sitting a writ of Injunction in the name of Jonathan B. Robertson against Reuben A. Higginbotham in the words and figures following to wit. Mississippi Territory of the United States Madison County LS. To Reuben A. Higginbotham (and also all officers, Sherriffs, clerks, bailiffs, and constables of said County Greeting. whereas it has been represented to us in our court of Chancery , on the part of Jonathan B. Robertson, complainant against you the said Reuben A. Higginbotham that you the said Reuben hath obtained against him the said Jonathan a Judgment at law in the Superior court of Madison County at May term last of said court, on a note under seal given by said Jonathan to said Reuben, for a gambling and unlawful consideration on which said Judgment, execution has issued against the goods and chattells lands and tenements of the complainant &c. Therefore it was prayed that the complainant might have an Injunction for stay of your the said Defendants proceedings at law, untill the hearing of the cause. We therefore in consideration of the premises aforesaid do strictly enjoin and command you the said Reubin and all and every the persons before mentioned, that you and every one of you do absolutely desist from taking execution against the said complainant or levying said execution already issued, untill the hearing of this cause, by our said court of Chancery; Witness the honorable Obediah Jones Judge of our said court of chancery, at office this second monday of May in the year of our Lord one thousand eight hundred and fourteen and of American Independence, 38th. Issued 18th day of June 1814. Francis E. Harris clk. And afterward towit on the 27th day of August 1814. Issued the following Subpoena. Mississippi Territory of the United States Madison County. To the Sherriff of said County Greeting. you are hereby commanded to summon Reuben A. Higginbotham if he be found in your county, to appear before the Judge of the Superior court sitting in Chancery, at the court house in the town of Huntsville on the second monday in November next ensuing, to answer on oath a bill in chancery preferred, against him in our said court, by Jonathan B. Robertson a copy of which Bill accompanying this writ you will deliver to the said R. A. Higginbotham hereof - fail not. and have you then there this writ. Witness the Honorable Obediah Jones Judge of the court aforesaid at office the second monday in May in the year of our Lord one thousand eight hundred and fourteen, and the thirty eight year of American Independence. Test Francis E. Harris clk. Issued 27th August 1814. And at May term in the year of our Lord one thousand eight hundred and fifteen It is ordered by the court, that the contents of the Bill be taken for confessed, and that the Injunction in this cause be made perpetual. And now afterwards to wit at a Superior court began and held for the County of Madison Mississippi Territory in the town of Huntsville, on the second monday in November, in the year of our Lord one thousand eight hundred and fifteen, came the parties by their respective counsel and the Defendant not having answered said plaintiffs bill of complaint, it is ordered by the consent of the parties and with the assent of the court, that the contents of the bill aforesaid, be taken for confessed and that the injunction there upon granted in the premises aforesaid be rendered perpetual, and that said plaintiff at law, be forever barred from having execution and satisfaction on said Judgment, and it is furthered ordered and decreed, that the Defendant at law pay all costs, accruing and law; and that the Defendant at equity pay the costs, accruing in equity, and that execution thereupon respectively issue therefore accordingly. 9. Jonathan B. Robertson vs Anthony Winston, Wm. Jones & J. J. Winston Mississippi Territory of the United States Madison County. Be it remembered that heretofore to wit on the day of June in the year of our Lord One thousand eight hundred and fourteen was filed in the clerks office of the Superior court of Madison County Mississippi Territory sitting in chancery a bill of complaint in the name of Jonathan B. Robertson against Anthony Winston, William Jones and John J. Winston in the words and figures following towit. To the honorable Obediah Jones Judge of the Superior court of law and equity for the County of Madison in the Mississippi Territory in chancery sitting. The petition of Jonathan B. Robertson humbly complaining sheweth unto your honor, that at the May term last of the Superior court of law for the County aforesaid, a Judgement was obtained against your orator at the suit of William Jones as assignee of Anthony Winston for the sum of one hundred dollars debt, and five dollars damages besides the costs accruing on said suit; and your orator further states that the suit aforesaid was instuted by the said William as assignee of the said William on a note under seal given your orator to the said Anthony for the sum of one hundred dollars which said note was stated on the sixth day of March 1813. and payable on or before the tenth day of May thereafter. and your orator further states the sum of one hundred dollars for which the said note was given by your orator as aforesaid, was won by said Anthony from your orator at a game commonly called Loo and at other games, and that your orator on the sixth day of March 1813. in the town of Huntsville in the County aforesaid, at the house of played together with the said Anthony and divers others with cards at a game commonly called Loo, and other games, and your orator betted with the said Anthony divers sums of money, and the said Anthony then and there won of your orator divers sums of money. towit the sum of one hundred dollars, aforesaid, in consideration whereof your orator then and there made his note under seal, payable to the said Anthony; Whereupon the said Anthony well knowing the note aforesaid to have been given for a gambling and unlawful consideration, but contriving and confederating to and with divers other persons, at present unknown to your orator, but whose names your orator prays may when discovered be herein inserted with apt words to charge them as parties) made his transfer or assignment of said note to the said William Jones, both of whom your orator prays may be made Defendants to this Bill of complaint together with John J. Winston (whom your orator is informed and verily believes is a partner of the said Anthony as well in gambling as in other matters, and transactions, on which said note so transfered as aforesaid, suit was instituted for the recovery of the sum of one hundred dollars as aforesaid, founding his said suit upon the said note under seal, which suit your orator defended by pleading the illegality of the consideration of said note, on which said suit was founded alledging the said note to have been given by your orator for money won of your orator at unlawful gaming, towit at the house of in Huntsville in the County aforesaid on the day and year aforesaid, your orator further states that he well hoped to have established his pleas at the court aforesaid, but from causes not within human controle he was prevented from having his testimony at the said court, and because, the said Anthony, William, and John being partners interested in the event of the suit aforesaid, not be compelled, to give testimony in the said suit in the said court of law, for want of which testimony the said William as assignee of the said Anthony, at the May term aforesaid recovered against your orator the sum of one hundred dollars debt, and the sum of five dollars damages, besides the costs accruing on said suit. all which actings and doings are contrary to equity and good conscience and in violation of the statutes in such cases made and provided, and tend to the manifest oppression and injury of your orator. In tender consideration whereof and in as much as your orator is without remedy except by the interposition of this honorable court, where matters of this nature are spicially and properly cognizable. to the end therefore that the said Anthony, William and John and the rest of their confiderates when discovered may upon their corporal oaths true and sufficient answers make to all and singular the premises as fully and as clearly as if the same were here again repeated, and interogated. and that the said Anthony more particularily may say whether he did, not play or game, with your orator, at a game commonly called Loo, and other unlawful games, and whether he the said Anthony did not bet with and then win of your orator, divers sums of money and that the said Anthony may state whether the note on which the said William sued your orator, as assignee of the said Anthony, and on which he obtained judgement, aforesaid against your orator, was or was not given for money won of your orator aforesaid, and that he the said Anthony may state what was the consideration of said note, and that your orator, may have such other and further relief as the nature of his case may require. may it please your honor, the premises being considered to grant unto your orator, the Territorys writs of subpoena, and Injunction directed to the said Anthony, William and John, and the rest of their confederates, when discovered, commanding them and every of them to appear in this honorable court, at a certain time and place, therein specified, then and there to do and receive what to your honor may appear consonant to equity and good conscience in the premises. and also injoining and prohibiting the said Anthony, William and John and their confiderates: and, also all officers, Sherriffs, clerks, Bailiffs and constables from further proceeding in said suit of the said William as assignee of the said Anthony against your orator, untill the decree of your honor, shall be made in the premises, and your orator as in duty bound will ever pray &c. J. B. Robertson. I do certify the above was sworn to and subscribed before me on this 9th June 1814. Obediah Jones. * The clerk will issue writs of Subpoena and Injunction according to the prayer of the within Bill. Obediah Jones. * And upon which Bill issued the following writ of Injunction. towit Mississippi Territory of the United States Madison County SS. To Anthony Winston, William Jones and John J. Winston (and also all officers, Sherriffs, clerks, Bailiffs and constables) of said County Greeting: whereas it has been represented to us in our court of chancery on the part of Johnathan B. Robertson complainant against you the said Anthony, William and John, that you have obtained against him a judgment at law, in the Superior court of Madison County, at May term last, of said court, on a note under seal given by said Jonathan to said Anthony for a gambling and unlawful conmsideration on which said judgment execution has issued against the goods and chattels lands and tenements of the complainant. &c Therefore it was prayed that the complainant might have an injunction for stay of your the said defendants proceedings at law, untill the hearing of the cause; we therefore in consideration of the premises aforesaid do strictly enjoin and command, you the said Anthony, William and John , and all and every the persons before mentioned, that you and every one of you, do absolutely desist from taking out execution against the said complainant or levying said execution already issued, untill the hearing of this cause, by our said court of Chancery. Witness the honorabler Obediah Jones Judge, of our said court of chancery. at office this second monday in May 1814. and 38th year of American Independence. Francis E. Harris clk. Issued 20th day June 1814. And also upon which Bill issued the following writs of Subpoena, towit, Mississippi Territory of the United States Madison County. To the Sherriff of said County Greeting. you are hereby commanded to summon Anthony Winston if to be found in your County to appear before the Judge of the Superior court sitting in chancery at the court house in the town of Huntsville on the second monday in November next ensuing to answer, on oath a bill in chancery prefered against him in our said court by Jonathan B. Robertson a copy of this writ you will deliver of which bill accompanying this writ you will deliver to the said Anthony Winston hereof fail not, and have you then there this writ. Witness the Honorable Obediah Jones Judge, of the said court at office the second monday in May in the the year of our lord one thousand eight hundred and fourteen, and thirty eight year of American Independence; Test Francis E. Harris clk. Issued the 24th August 1814. Executed by S. Neal Shff. 27th August 1814. Mississippi Territory of the United States Madison County. To the Sherriff of said County Greeting. you are hereby commanded to summon William Jones, if to be found in your County to appear before the Judge sitting in chancery, at the court house in the town of Huntsville on the second monday in November next, ensuing, to answer on oath a bill in chancery prefered, against him in our said court, by Jonathan B. Robertson a copy of which bill accompanying this writ you will deliver to the said William Jones hereof fail not, and have you then there this writ witness the Honorable, Obediah Jones Judge, at office the second monday in May in the the year of our lord one thousand eight hundred and fourteen, and thirty eight year of American Independence. Test Francis E. Harris clk. Issued the 24th August 1814. Not found S. Neal Shff. 12 November 1814. Mississippi Territory of the United States Madison County. To the Sherriff of said County Greeting. you are hereby commanded to summon John J. Winston if to be found in your County to appear before the Judge of our Superior court sitting in Chancery, at the court house in the town of Huntsville on the second monday in November next ensuing. to answer on oath a bill in chancery prefered against him by Jonathan B. Robertson a copy of which bill accompanying this writ. you will deliver to the said John J. Winston hereof fail not, and have you then there this writ Witness the Honorable Obediah Jones Judge of our said court at office, the second monday in May in the the year one thousand eight hundred and fourteen, and thirty eight year of American Independence Test. Francis E. Harris clk. Issued the 24th August 1814. Executed by S. Neal Shff. 27th August 1814. And afterwards at a Superior court began and held for the County of Madison Mississippi Territory at the court house in the town of Huntsville on the second monday in May in the year of our Lord one thousand eight hundred and fifteen. It is ordered by the court, that the contents of the bill be taken for confessed, and that the Injunction in this case be made perpetual. (answer, see * below) And now afterwards to wit at a Superior court began and held for the County of Madison Mississippi Territory at the court house in the town of Huntsville on the second monday in November in the year of our Lord one thousand eight hundred and fifteen came the parties by their respective counsel, and thereupon by consent of parties, and by the assent of the court it is ordered and decreed, (that the matters in said Bill set forth being admitted) that the injunction thereupon granted in the premises aforesaid, be rendered perpetual, and that said plaintiff at law be forever barred, from having execution and satisfaction of his said Judgment at law; and it is further ordered and decreed that the Defendent, that the Defendent at law, pay all costs, accruing at law, and that the plaintiff have execution therefore, and that the Defendant William Jones, in equity pay all costs, herein incured, and that the plaintiff have his execution therefore. * And on the day of November in the year of our Lord one thousand eight hundred and fifteen was filed the Defendants (John J. Winston's) answer to the plaintiffs Bill in the words and figures following to wit The answer of John J. Winston defendant to a bill of Injunction of Jonathan B. Robertson. The said defendant having and reserving to himself now and hereafter all and all manner of benefit and advantage of exceptions to the manyfold uncertainties and imperfections, in the complaintants said bill of complaint contained, for answer thereunto, or unto so much thereof as materially concerns this Defendant, to make answer unto, he answereth and saith, that true it is that he and the said Anthony were to the best of his recollection in partnership at the time said note is dated on which a judgment has been rendered, at the instance of William Jones, assignee of said Anthony, an injunction of which judgment, has been obtained by said Robertson by means of the Bill of complaint filed in this cause, the said Defendant also believes the amount of the consideration expressed, in said note was won at cards, as stated in said Bill. but the said defendent thinks it would be hard for him to be compelled to pay any part of the costs, of this suit, altho by the laws of Country a perpetual injunction must be granted, when the suit at law to enjoin the judgment obtained in which the suit was first commenced, was instituted in the name of an assignee, and when said Robinson by giving said note has been the sole cause of the action; when he knew at the time every fact that is stated in said bill which can materially affect the case, and this Defendent denies all and all manner of confederacy and combination wherewith he stands charged, in and by the said bill of complaint. without that, that there is any other matter or thing material or necessary, for this defendent to make answer unto, and not herein and hereby well and sufficiently answered unto, confessed or avoided, tracersed or denied, is true, all which matters and things this Defendant is ready to aver and prove, as this honorable court shall direct and award, and prays to be hence dismissed, with his reasonable costs, and charges in this behalf most wrongfully sustained. John A. Winston. Mississippi Territory Madison County. This day came before me John Martin a Justice of the peace in and for the county aforesaid and made oath the matters and things stated in the foregoing answer as of his own knowledge are, true, and the ballance, he believes to be true. In witness whereof I have hereunto set my hand this day of Nov. 1815. John J. Winston, Jno. Martin JP. 10. Jonathan B. Robertson vs Anthony Winston, John J. Winston and Benjamin L. Saunders. Mississippi Territory of the United States Madison County. Be it remembered that heretofore to wit on the day of in the year of our lord, one thousand eight hundred and fourteen, was filed in the clerks office of the Superior court of Madison Countyt Mississippi Territory sitting in Chancery a bill of complaint in the name of Jonathan B. Robertson against Anthony Winston, John J. Winston and Benjamin L. Saunders in the words and figures following towit. To the honorable Obediah Jones Judge of the Superior court of law and Equity for Madison County in the Mississippi Territory in chancery sitting. The petition of Jonathan B. Robertson humbly complaining sheweth unto your honor; That at the May term last of the Superior court of law for the County aforesaid, a judgment was obtained against your orator at the suit of one Anthony Winston for the use of Benjamin L. Saunders, for the sum of one hundred and eighty dollars the debt, and seventeen dollars twelve and half cents damages besides the costs accruing on said suit. And your orator further states that suit aforesaid was instituted by said Anthony for the use of said Benjamin on a note under seal, by your orator to said Anthony for the sum of one hundred and eighty dollars. which said note was dated, 19th September one thousand eight hundred and twelve. and payable ten ____ after date. And your orator further states that the sum of one hundred dollars and eighty dollars for which the said note was given by your orator as aforesaid, was won by said Anthony from your orator at a game commonly called loo and other unlawful games, and that your orator on the ninteenth day of September in the year one thousand eight hundred and twelve; in the town of Huntsville at the house of ____________ played together with said Anthony and others with cards at a game commonly called loo and other unlawful games. and your orator betted with said Anthony divers sums of money, and the said Anthony then and there won, of your orator divers sums of money to wit the sum of one hundred eighty dollars aforesaid in consideration whereof your orator then and there made his note, in seal payable to the said Anthony. Whereupon the said Anthony well knowing the note aforesaid to have been given for a gambling and unlawful consideration contruing and confederating to with divers other persons, at present unknown to your orator, but whose names your orator prays, may when discovered be herein inserted with apt words to charge them as parties, instituted an action or law against your orator for the use of one Benjamin L. Saunders, both of whom your orator prays together with one John J. Winston (whom your orator is informed and verily believes to be a partner of the said Anthony as well in gaming as in other matters and transactions, may be made Defendants to this bill of yr. orator) in the recovery of the sum of one hundred and eighty dollars aforesaid, founding his said action upon said note under seal, which said action your orator defended by pleading the illegality of the consideration of said note on which said suit was founded, alledging which was won of your orator at unlawful gaming towit at the house of ___________ in the town of Huntsville in the County aforesaid on the day and year aforesaid. And your orator further says that he had well hoped to have established his pleas at the court aforesaid, but from causes not from within human control, he was prevented from having his testimony at the said court and because the said Anthony, Benjamin and John being parties interested in the event of said suit could not be compelled to give testimony in the said suit in the said court of law, for want of which testimony the said Anthony for the use of said Benjamin at the May term aforesaid recovered against your orator the said sum of one hundred and eighty dollars, the debt and seventeen dollars twelve and half cents the damages besides the costs accruing on said suit; All which actings and doings are contrary to equity and good conscience and in violation of the statutes in such cases made and provided and tend to the manifest oppression and injury of your orator; In tender consideration whereof and in as much as your orator is without his remedy except by the interposition of this honorable court, where matters of this nature are properly and specially cognizable: To the end therefore. that the said Anthony, Benjamin and John and the rest of the confederates, when discovered may upon their corporal oaths true and sufficient answers make, to all and singular the premises, as fully and clearly as if the same were here again repeated, and interogated, and that the said Anthony more particularly may say whether he did not play with your orator at a game called loo and other unlawful games with cards, and whether he said Anthony did not bet with, and then and there win of your orator divers sums of money, and that said Anthony may state whether the note on which the said Anthony sued your orator, for the use of Benjamin L. Saunders, and on which he obtained the judgment aforesaid against your orator was or was not given for money won of your orator, as aforesaid, and that he said Anthony may state what was the consideration of said note; and that your orator may such other and further relief as the nature of his case may require; May it please your honor, the premises considered to grant unto your orator, the Territories writs of Subpoena and Injunction directed to the said Anthony, Benjamin, and John and the rest of the confederates, when discovered, commanding them and every one of them to appear in this honorable court, at a certain time and place therein specified, then and there to do and receive what to your honor may appear consonant to equity and good conscience in the premises, and also enjoining and prohibiting the said Anthony and Benjamin and John, and their confederates and also all officers, Sherriffs, constables, and Bailiffs, and clerks, from further proceeding in said suit of the said Anthony for the use of said Benjamin against your orator, untill the decree of your honor shall be made in the premises, and your orator as in duty bound will ever pray &c. Jonathan B. Robertson. I do certify the above Bill was sworn to and subscribed before me on the 9th June 1814. Let writs of Subp. and Injunction issue Obediah Jones. And upon which bill issued the following writs of Subpoena and Injunction (to wit) Mississippi Territory of the United States Madison County. To the Sherriff of said County Greeting: you are hererby commanded to summon Anthony Winston if he be found in your County, to appear before the Judge of the Superior court, sitting in chancery at the court house in town Huntsville, on the second monday in November next, ensuing to answer on oath a bill in chancery prefered against him in our said court by J. B. Robertson a copy of which bill accompanying this writ, you will deliver to the said Anthony Winston, hereof fail not, and have you then there this writ. witness the honorable, Obediah Jones Judge of our said court at office the second monday in May in the year one thousand eight hundred and fourteen, and thirty eight year of American Independence. Test Francis E. Harris clk. Issued 24th April 1814. Executed by S. Neal Shff. 27th August 1814. Mississippi Territory of the United States Madison County. To the Sherriff of said County Greeting; you are hererby commanded to summon John J. Winston if to be found in your County to appear before the Judge of the Superior court sitting in chancery at the court house in the town of Huntsville on the second monday in November, next ensuing, to answer on oath a bill in chancery prefered against him in our said court by Jonathan B. Robertson a copy of which bill accompanying this writ you will deliver to the said John J. Winston, hereof fail not and have you then there this writ. witness the honorable Obediah Jones Judge of our said court at office the second monday in May in the year one thousand eight hundred and fourteen, and thirty eight year of American Independence. Test Francis E. Harris clk. Issued 24th April 1814. Executed by S. Neal Shff. 27th August 1814. Mississippi Territory of the United States Madison County. To the Sherriff of said County Greeting; you are hererby commanded to summon Benjamin L. Saunders, if to be found in your County to appear before the Judge of the Superior court in chancery sitting at the court house in town of Huntsville on the second monday in November next ensuing to answer on oath a bill in chancery prefered against him in our said court by Jonathan B. Robertson, a copy of which bill accompanying this writ you will deliver to the said Benjamin L. Saunders, hereof fail not and have you then there this writ. witness the Honorable Obediah Jones Judge at office the second monday in May in the year one thousand eight hundred and fourteen, and thirty eight year of American Independence. Test Francis E. Harris clk. Issued 24th day August 1814. Executed by S. Neal Shff. 9th August 1814. Mississippi Territory of the United States Madison County. To Anthony Winston, and John J. Winston and Benjamin L. Saunders (and also all officers, Sherriffs, clerks, Bailiffs and constables) of said County, Greeting. whereas it has been represented to us in our court of chancery on the part of Jonathan B. Robertson, complainant against you the said Anthony and John and Benjamin that you have obtained against him a judgment at law, in the Superior court of Madison County at May term last of said court, on a note under seal given by said Jonathan to said Anthony for a gambling and unlawful consideration, on which said Judgment execution has issued against the goods and chattels, lands and tenements, of the complainant &c. Therefore it was prayed that the complainant might have an injunction for stay of your the said Defendants proceedings at law, untill the hearing of the cause. we therefore in consideration of the premises aforesaid do strictly injoin and command you the said Anthony, John and Benjamin, and all and every the before persons mentioned that you and every one of you, do absolutely desist, from taking out execution against the said complainant, or levying said execution already issued, untill the hearing of this cause, by our said court of chancery: Witness the Honorable Obediah Jones Judge of our said court of chancery at office the second monday in May 1814 and 38th year of American Independence. Issued 22nd day June 1814. Francis E. Harris clk. And now afterwards towit at a Superior court began and held for the County of Madison and Mississipi Territory at the court house in the town of Huntsville on the second monday in May inj the year of our Lord one thousand eight hundred and fifteen, It was ordered by the court that the contents of the bill be taken for confessed, and that the Injunction in this case be made perpetual, the subject of costs to be continued untill a copy of the rules of the court of Errors and Appeals are gotten; And now afterwards towit at a Superior court began and held for the County of Madison and Mississippi Territory at the court house in the town of Huntsville on the second monday in November in the year of our Lord one thousand eight hundred and fifteen, came the parties by their respective counsel, and thereupon by the consent of the parties, and by the assent of the court, it is ordered and decreed, (the matters in said bill being set forth being admitted to be true) that the Injunction thereupon granted in the premises aforesaid be made perpetual and that the plaintiff at law, be forever barred from having execution and satisfaction of his said Judgment at law, and it is further ordered and decred, that the defendant at law, pay all costs accruing at law, and that the Defendant Benjn. L. Saunders in Equity pay the costs in Equity, and that execution respectively issue for the same. 11. George Sharp vs Crabb, Thomas and R. A. Higinbotham Mississippi Territory of the United States Madison County. Be it remembered that on the sixteenth day of June in the year of our Lord one thousand eight hundred , and fourteen, was filed in the clerks office of the Superior court of Madison County Mississippi Territory sitting in chancery a bill of complaint in the name of George Sharp against Crabb, Thomas and R. A. Higinbotham, in the words and figures following to wit: Mississippi Territory Madison County. George Sharp vs Crabb, Thomas and R. A. Higinbotham. To the honorable Obediah Jones Judge of the Superior court of law and Equity --- The Bill of complaint of George Sharp, humbly complaining sheweth unto your honor, that some time last winter he happened in Huntsville, and a certain Elijah Murphy, and Reuben A. Higinbotham were playing a game at cards commonly called the odd trick, and he was induced to bet, on said game with said Higinbotham untill he lost thirty dollars, and executed two notes, one for twenty, and the other for ten dollars, in consequence of his losing the thirty dollars, with the said Higinbotham while he and the said Murphy were playing cards, and that was the only consideration for which the notes were given --- your complainant further states that on the 16th of April last, Crabb and Thomas recovered two judgments against him, one for twenty, and one for ten dollars, with interest and costs, and Executions have issued on said Judgments and now levied on your complainants property to satisfy them --- your complainant further states that those two notes on which Crabb and Thomas has recovered Judgment, are on the same notes, which were given to Reuben A. Higginbotham for a gambling consideration for money won at a game on cards --- your complainant further states at the time of the trial he was out of the County and intended to have returned to make his defense, but was prevented by high water, and it was impossible for him to do so, and did not get home untill more than five days after the Judgment was given against him, and he had no opportunity of making his defense, nor to appeal. your complainant further states, that those Judgments are unjust, and obtained contrary to the statutes of the Territory; In tender consideration thereof, and whereas your complainant is without redress, save in your honorable court of Equity where matters of fraud and oppression are properly and relievable, he therefore prays that Crabb, Thomas and Reuben A. Higinbotham, may be compelled to appear before your honor, on the second monday in November next at the Superior court of law and Equity to be held in Huntsville, then and there a true and perfect answer make to this bill of complaint, and particularily the said Reuben A. Higginbotham to answer on his corporal oath whether the two notes, one for twenty, and one for ten dollars, which he let Crabb and Thomas have, on your complainant, and execution is now issued and levied on his property are not the same, notes which he won of your complainant at the time and place aforesaid, at a game or games of cards, and your complainant prays that your honor, will grant him a writ of Injunction and Subpoenas to stop all proceeding on the same untill a final decission can be had, on the same, before your honor, and that you will make such decree in the premises, as to your honor may seem just and right. June 15. 1814 This day George Sharp came before me one of the Justices for the County aforesaid and made oath that the facts as stated in this bill so far as they come to his knowledge are true and those that do not he believes to be true. Georg Sharp Sworn to before me Wm Hellms, J. P. June 16th 1814. This bill of Injunction granted, and the clerk will issue copies to (be) served on the Defendants, and also a Supercedias to stop the proceedings &c. Obediah Jones. To the clerk of S. Court, And upon which bill of complaint issued the following writs of Supercedias The Mississippi Territory of the united states. To all sherriff, constables &c acting for the County of Madison. Greeting: Whereas George Sharp, has petitioned the Honorable Obediah Jones Judge, in and for the County aforesaid, praying that a certain cause in which, Crabb and Thomas, obtained Judgment against him before justice of the peace, in and for said County, for the sum of twenty dollars together with interest and costs may be removed, into the Superior court of said County for certain causes therein set forth, and that all proceedings on said Judgment, may be staid untill the said court shall otherwise order; you are therefore commanded, should an execution for levying the amount of said Judgment, or any other proceedings on said Judgment come to your hands, or should you already have received the same; to stay all further proceedings thereon, until hereafter otherwise directed. Witness Obediah Jones at office second monday in May 1814. Issued 16th day of June 1814. Test Francis E. Harris clk. M. C. C. The Mississippi Territory of the united states. To all Sherriff, constables &c. acting for the County of Madison Greeting. Whereas George Sharp , has petioned the Honorable Obediah Jones Judge, in and for the County aforesaid, praying that a certain cause in which Crabb and Thomas obtained judgment against him before justice of the peace, in and for said County, for the sum of ten dollars and interest and costs may be removed, into the Superior court of said County for certain causes therein set forth, and that all proceedings on said judgment may be staid, until the said court shall otherwise order. You are therefore commanded should an execution for levying the amount of said Judgment, or any other proceedings on said Judgment come to your hands, or should you already have received the same, to stay all further proceedings thereon, until here after otherwise directed. Witness Obediah Jones at office second monday in May 1814. Issued 16th day of June 1814. Test Francis E. Harris clk. M. C. C. And at a Superior court began and held for the County of Madison at the court house in the town of Huntsville on the second monday in November, in the year of our Lord one thousand eight hundred and fourteen, On motion of the Defendants by counsel and it appearing to the satisfaction of the court, that the complainant hath not given security &c. agreeable to law; It is ordered by the court, that this bill be dismissed, and that the Defendants discharged hence and have execution against the complainant for their costs in this behalf expounded &c. 12. Alex. Gilbreath vs James White et al Mississippi Territory of the United States Madison County. Be it remembered that heretofore to wit on the day of in the year of our Lord one thousand eight hundred and fourteen, was filed in the clerks office, of the Superior court of Madison County Mississippi Territory sitting in Chancery a bill of complaint in the name of Alexand Gilbreath against James White, John White, James Mitchell and John Read, in the words and figures following towit, To the honorable Obediah Jones Judge, of the Superior court of law and Equity for the County of Madison, in the Mississippi Territory, sitting in Chancery: Humbly complaining Sheweth unto your honor your orator Alexander Gilbreath of the County and Territory aforesaid, that your orator and James White of Abingdon Washington County Virginia and John White of the County of Jefferson, in the State of Tennessee, whom your orator prays may be made parties and Defendants to this bill, on the 23rd day of May in the year of our Lord, Eighteen hundred and eleven, and on the 14th day of September in the same year, and long before and after the said dates, made merchandize, traded, and transacted the business of buying and selling as merchants, in copartnership, under the firm of Whites and Gilbreath, each to bear his third equal part, in the losses, and to receive his third equal parts, of the gains or profits which might arise from the said copartnership business. and your orator further states, to your honor that the partnership business, was carried on principally at Huntsville in the County aforesaid, under the management and direction of your orator; and your orator further shews unto your honor that some time before the 23rd day of May 1811. your orator being in want of money for the use of said firm, applied to a certain Fleming Hodges, of the County of Madison, and Territory aforesaid for the loan of four hundred and eighty three dollars, which the said Hodges agreed to lend to your orator, and on that day your orator sent Nicholas Gilbreath, who was then acting as a clerk, or servant to the said copartnership concern and being employed to transact business as such, for the advantages of said concern to the house of said Hodges, to receive the money and to execute a note in the name of the firm for the same. and your orator further sheweth to your honor, that through some mistake, inadvertence or neglect or from some other cause, the said Nicholas Gilbreath, for A. Gilbreath, and a division of the profits arising out of the same, which said instrument in writing signed and sealed as aforesaid, is herewith exhibited to your honor. and your orator prays it may be made and considered as a part of this bill; and your orator further sheweth to your honor that by the said instrument of Dissolution it was agreed by the parties, your orator, and the said Defendants that the debts due by the said firm should be discharged out of the property and affects, of the said firm; your orator only bearing his equal third part. And your orator further sheweth unto your honor, that by the said instrument and agreement, of dissolution the property of said firm was vested in James White, and the said James and John White were bound to discharge certain debts, in Baltimore, and the debts due, by the firm in this County of all which a probable estimate is therein made, and setforth, and your orator having received a part of his share, was to wate for the ballance, till collections were made, by the firm, (after discharging all demands against it) equal to twice the sum your orator had received; after after which he was to receive his equal third part of collections, every six months, till all his share was paid. And your orator further shews to your honor that the payment and all collection of the said debts due, by and to said firm, became the business of the other partners by the said writing, and he had no longer any thing to do with either, of which notice was given by public advertisement. and your orator further shews unto your honor, that the Defendants or their agents John Read and James Mitchell, who your orator also prays may be made defendents to this bill,) who were duly authorized to act for them, after the said dissolution, knowing or believing that the note given to said Hodges, was, for the benefit of said concern, did advise and promise the said Hodges, that they would pay it, yet now so it may please your honor, that the sd. James White, and John White, having entered into a combination, and confederacy with the sd. J. Read and J. Mitchell, and to and with divers other persons to your orator as yet unknown, whose names when discovered your orator prays may be inserted herein, with apt and appropriate words to charge them and every of them as Defendants,) to defend your orator in the premises, and they having formed a design to defraud your orator in the premises, and they having formed a design to defraud your orator of the benefit of said article of dissolution, and wrongfully and visatiously to subject your orator to the payment, of the before mentioned partnership debts, have refused to discharge the same, or either of them, & persists in their refusal pretending that the said debts, were his own, individual debts; in consequence of which conduct, of the said Defendents your orator has been sued in his own name, by the said Fleming Hodges & the said John McGhee, as such proceedings were thereupon had that at May term last of the Superior (court) of Law for said for sd. County part of sd. Judgments, were obtained against your orator, by the sd. Hodges for 381 & the costs, (on which execution has issued for 391.81c including costs, which is now levied on your orators property:) & by said McGhee, for 111.50c. & 10.81c. costs for which (after deducting the twenty dollars pd. on sd. note as aforesaid,) he has execution. _____ all which money your orator must immediately raise and pay out of his own private funds or suffer his property to be sold by the Sherriff. All which actings and doings of the Defendants are contrary to Equity and good conscience & lend to the wrong and injury of your orator, in the premises. In tender consideration whereof and for as much as your orator cannot be fully relieved in the premises but in a court of Equity where matters of this nature are properly cognizable; To the crux there fore that the said Defendants and their confederates when discovered may upon their several and respective corporal oaths full, true and perfect answer make to all and singular the matters aforesaid particularily as if the same were here again repeated, & they interrogated thereto, and more especially if your orator is not now & has not been ever since the sd. 16th April 1812. realeased from the burden and Labour of paying or collecting the debts due from, or to the sd. copartnership. whether the said Read, Mitchell &c. were not authorized and bound to pay all demands against sd. partnership in this country, out of the partnership debts, & effects, whether your orator was to be called on until that fund was exausted, & whether for more than his third equal part; whether the said partnership fund is not solvent & unexausted; whether the aforesaid notes were not given for the use and benefit of the sd. partnership -- whether they might not to have been paid out of sd. fund without calling on your orator -- whether the Defendants did not assume upon themselves the sd. debt to sd. Hodges and promise to pay it ; & whether the sums which have been paid in cash note, have not been paid out of the partnership effects; & whether the ballance ought not to have been paid; & why the same has not been paid __ -- & whether your orator has not made application to the Defendants for that purpose, & whether they did not refuse, and that your orator may have such further and other relief as the nature of the case may require, and as shall be agreeable to equity and good conscience, may it please your honor, to grant writs of subpoena &c. and your orator will ever pray &c. John M. Taylor atts. And upon which Bill issued the following writs of Subpoena "Mississippi Territory of the United States Madison County. To the Sherriff of said County Greeting. you are hereby commanded to summon James White if he be found in your County to appear before the Judge of our Superior Court sitting in Chancery at the court house in the town of Huntsville on the second monday in November next ensuing to answer on oath a bill in Chancery prefered against him in our said court by Alexander Gilbreath and a copy of which bill accompanying this you will deliver to each of sd. James White, here in fail not and have you then there this writ. witness the Honorable Obediah Jones, Judge of the court aforesaid, at office the second monday in May, in the year of our Lord one thousand eight hundred and fourteen, and of the Independence of the united States of America the thirty Eighth Test, Francis E. Harris clk issued 23d Septr. 1814. (returned.) "not found S. Neal shff 11th November 1814. Mississippi Territory of the United States Madison County. To the Sherriff of said County Greeting. you are hereby commanded to summon John White if he be found in your County to appear before the Judge of our Superior Court sitting in Chancery at the court house in the town of Huntsville on the second monday in November next ensuing to answer on oath a bill in Chancery prefered against him in our said court by Alexander Gilbreath and a copy of which bill accompanying this you will deliver the said John White herein fail not and have you then there this writ. Witness the Honorable Obediah Jones, Judge of the court aforesaid, at office the second monday in May, in the year of our Lord one thousand eight hundred and fourteen, and of the Independence of the United States of America the 38th Test Francis E. Harris clk. issued 23d. day of September 1814. (returned) Executed by S. Neal Shff 7th November 1814. Mississippi Territory of the United States Madison County. To the Sherriff of said County Greeting. you are hereby commanded to summon John Read if he be found in your County to appear before the Judge of our Superior Court sitting in Chancery at the court house in the town of Huntsville on the second monday in November next ensuing to answer on oath a bill in Chancery prefered against him in our said court by Alexander Gilbreath. And a copy of bill accompanying this writ you will deliver to the said John Read, herein fail not and have you then there this writ. witness the Honorable Obediah Jones Judge of the court aforesaid at office the second monday in May, in the year of our Lord one thousand eight hundred and fourteen, and of the Independence of the united States of America the 38th Test Francis E. Harris clk. Issued 23d. day of Septr. 1814. Executed by S. Neal Shff. 7th November 1814. Mississippi Territory of the United States Madison County. To the Sherriff of said County Greeting. you are hereby commanded to summon James Mitchell if he be found in your County to appear before the Judge of our Superior Court sitting in Chancery at the court house in the town of Huntsville on the second monday in November next ensuing to answer on oath a bill in chancery prefered against him by Alex. Gilbreath and a copy of which bill accompanying this writ you (will) deliver said James Mitchell herein fail not and have you then there this writ. witness the Honorable Obediah Jones Judge of the court aforesaid at office the second monday in May, in the year of our Lord one thousand eight hundred and fourteen and 38th of American Independence. Issued 23d day of Septr. 1814. Test Francis E. Harris clk.. (returned) Executed on James Mitchell the 26th 1814 and a copy left with defendant by P. A. Foote D. S. And at a Superior Court began and held for the County of Madison and Mississippi Territory at the court house in the town of Huntsville on the second monday in November in the year of our Lord one thousand eight hundred and fourteen "On motion of the defendants counsel, and with the assent of the plaintiff, It is ordered by the court that James Mitchell and John Read, be discharged hence, and recover against the complainants their costs in this behalf expended &c. And now afterwards towit on the day of in the year of Lord one thousand eight hundred and fifteen was filed in the clerks office of the Superior court of Madison County Mississippi Territory, the separate answer of James White one of the defendants in the foregoing bill, in the words and figures following to wit, "To the honorable Obediah Jones, Judge of the Superior court of law and Equity for the County of Madison in the Mississippi Territory in chancery sitting. The answer of James White of Abingdon in Washington County Virginia, to a bill of complaint files against him and others in your honorable court by Alexander Gilbreath; This Respdt. saving to himself all manner of benefit of exceptions to the statements in the said bill, for answer thereto or to so much thereof as he is advised is material for him to answer, saith that true it is the complt. a certain John White and this Respdt. on the 12th day of March 1811. entered into articles of agreement sealed with their seals, and dated as aforesaid, whereby they agreed to carry on trade and merchantile business as partners in the town of Twickenham (now Huntsville) each to have his equal part, of the losses, & to his equal part of the profits as stated in the complts. said bill. It is also true that the complt. was the acting partner of the firm of Whites & Gilbreath, being the style, or name of the firm under which they agreed to trade, and that the complt., the acting partner, conducted the said business untill the 16th day of April 1812. when a dissolution took place, as is stated in the complts. said bill of complaint; It was also stipulated and expressly understood, that the complt. was to be the acting partner of said firm "but that every transaction he did, must be done in the name, and for the benefit of said firm; This Respdt. of his own knowledge knows nothing as to the borrowing money of Fleming Hodges, the applications or payments; nor of the transaction with Peter Perkins as charged in the complt. of any such debts due by A. Gilbreath for for which the late firm of Whites & Gilbreath was liable. nor did he assume the payment thereof to the complts. or to to any creditor; This Respdt. really thinks it is strange, that the complt. should make any such demands when by the articles of copartnership he was expressly required "that every transaction should be done in the name of the firm," as to Nicholas Gilbreath this Respdt. never knew, that he was employed as a clerk, and if he was, it was not with the consent or approbation of this Respdt. This Respdt. insists that the complt. be compelled to support the allegations above refered to, by sufficient proofs, as they are not admitted by this Respdt. especially as they relate to the money borrowed &c. This Respdt. admits that by the articles of dissolution, he and John White were, to pay certain debts in Baltimore, which has been done; He also admits that the property of the firm of White & Gilbreath was vested in the Respdt. and that the firm was to collect the debts &c. This Respdt. begs leave to state that it appears by an estimate made in the articles of dissolution, formed on information furnished by the complt., the acting partner of that firm, and who ought to have known its situation that at the time of its dissolution it was worth $ 1733. out of which he then received $ 1349.58. This Respdt. is well satisfied and believes that the above estimate of the worth of said firm was much too high; for from the settlement of the business of Reed, Mitchell & Co. who were authorized to settle up the business of Whites & Gilbreath this Respdt. is under the impression and believes that there has not yet been collected by the said firm of Reed, Mitchell & Co. altho. proper & due diligence has been used, by them for that purpose, more than twice as much as the above amount received by the complt. after deducting the $1349.50. paid the complt. and discharging the $1500. which was supposed sufficient to pay the debts due from the said firm at Huntsville and in and about that Country, more particularly when the losses on act. of bad debts, on the cotton on hand at the gin, and the above estimate of the property at Fort Hampton, are taken into consideration. This Respt. further states that in addition to the $1500. he has paid the further sum of$ 2529.50. on act. of debts due from the firm of Whites & Gilbreath at Huntsville and in about that Country to 1/3 of which sum the complt. is liable. There also was a loss on the cotton then lying in Baltimore of $575.87. or there abouts) to 1/3 of which the complt. was also liable) as appears by the following statement towit; "cotton in Baltimore when delivered at Huntsville charged to John White at 14 cts. on 14.813 gives - $2053.82. upon the following charges arose, Difference of weight at Baltimore and Huntsville 392. @ 14 cts is $54.48. charges for transportation &c. from Huntsville to N. Orleans (supposing) $222.49. Freight and other charges from N. Orleans to Baltimore as per act. of John McKump $552.74 (total) ........................ $ 2883.23. Sales of 46 bales cotton weight 14.421. @ 16 cts. ................................... 2307.36 making a loss of $565.87 as above stated; This Respdt. will now beg leave to make a statement shewing the situation of his acts. with the complt. and the demands which he has against him towit. To 1/3 of $2529.50. the sum paid by this Respdt. over the $1500 allowed for the payment of debts due from the firm at Huntsville &c. is .......................................................................... $ 843.16. To 1/3 of $575.87 the loss on the cotton at Baltimore is .......................... 191.95. To a note on you returned by Reed Mitchell & Co. ................................. 168.00 To the amt. paid by this Respdt. to Reed Mitchell & Co. for you ........... 502.55. Making in all the sum of ....................................................................... $ 1705.66. so that if the court should even be of opinion that the late firm of Whites & Gilbreath are liable for the sums charged in the complts. said bill, which together amt to about $514.12. the complt. would still be largely in the Respdts. debt. This Respdt. further states that he has been informed that there are yet other and furtther claims against the said firm, not satisfied, and that further collections are not worth pursuing by the said firm as he believes. On the above sum of $ 1705.66 or near that amt. this Respdt. conceives himself entitled to interest for the space of two or three years. This Respdt. admits that Reed, Mitchell and Co. were bound to pay the debts of $1500. and this Respdt. authorized them to pay any just debts, of the said firm even exceeding that amt. and charge 2/3 of the same to this Respdt. who has paid the whole amt. in his settlement with them. but when this Respdt. heard that the debts of said firm greatly exceeded that amt. and also that there were other claims signed A. Gilbreath (and not with the company signature) coming in he began to suspect that something must be rotten in Denmark; that this Respdt. was either greatly deceived in the statements made by the complt. shewing the "worth" of said firm, or that some other gross fraud was about to be practiced on him. He further admits that the complt. was exonerated from the burden of collecting the debts of said firm, which this Respdt. thinks a very fortunate event for both the complt. and this Respdt., as he believes that the collection has fallen into much better hands and has been settled much more advantageously by Reed, Mitchell & Co. than it ever would have been by the said complt.. This Respdt. however does not admit that the complt. has been released from the burden of paying his proportionable part, of all the delinquencies appertaining to the said business of White and Gilbreath. as to the other interogatories in the complts said bill, he will find answers in the body of this Respdts answer so far, as they have come to the knowledge of this Respdt. This Respdt. denies all fraud, combination or confederacy entered into with Reed & Mitchell or with any other persons whatever; He is perfectly willing to do ample and complete justice to the complt. and wishes the complt, when hereafter called by a cross bill or otherwise, may be as prompt in doing justice to this Respdt. as he has been in demanding it of him. and having fully answered, the complts. said Bill of complaint, prays to be hence dismissed with his costs thus wrongfully expended &c. James White Washington County towit. James White this day made oath before me as Justice of the peace for said County that the allegations in the foregoing answer so far as they relate to his own acts are true and so far as they relate to the acts of others he believes them to be true. Given under my hands this 1st day of April 1815. John Gibson Virginia towit. I John Campbell Clerk of Washington County in the state aforesaid, do certify, attest and make known that the name of John Gibson signed to the foregoing certificate of an oath taken by James White, is the proper hand writing of John Gibson Gent. who at the time of signing the same was, and now is, an acting Justice of the peace, in and for the County aforesaid, duly commissioned, and qualified, and that full faith and credit is due to his official acts as such. In testimony whereof I have hereunto signed my name and affixed the seal of the said County this 1st day of April in the year 1815. and of the commonwealth the thirty ninth John Campbell. Washington County &c. I Robert Campbell presiding Justice of the court of the said County do certify that the above attestation of John Campbell Clerk of the court of the said County is in due form given under my hand this 1st. Apl. 1815. Robert Campbell And now afterwards towit at a Superior court began and held for the County of Madison and Mississippi Territory at the court house in the town of Huntsville on the second monday in May in the year of our Lord one thousand eight hundred and fifteen "It is ordered by the court with the assent of the plaintiff by his counsel that this bill be dismissed as to James Mitchell and John Read. And afterward towit at the November term of the said circuit court in the year of our Lord one thousand eight hundred and fifteen "came the plaintiff and the Defendants John Read and James Mitchell, and by consent of parties and with the assent of the court, It is ordered that the bill aforesaid as to James Mitchell and John Read, be dismissed and that they have execution against the complainant for their costs in this behalf expended. And afterwards to wit at a Superior court began and held for the County of Madison and Mississippi Territory at the court house in the town of Huntsville on the second monday in November in the year of our Lord one thousand eight hundred and sixteen (to which term this cause was continued.) "On motion of the complainant by his attorney, It is ordered by the court that said complainant have leave to file a supplementary bill in this case, and that he pay all costs occationed thereby. And now afterwards to wit, on the seventeenth day of November in the year of our Lord one thousand eight hundred and sixteen, was filed in the clerks of the Superior court for Madison County Mississippi Territory in chancery sitting, the following Supplement, to the complainants foregoing bill of complaint, "Mississippi Territory of the united States Superior court of Madison County; In the case of Alexander Gilbreath complainant vs John White, James White, John Read & James Mitchell Defendants. In Equity; This complainant further states to your honor that sometime in the month of 181 he paid out of his own private funds to James Ditto the sum of sixty five dollars, for Pork by him sold to said concern of White and Gilbreath; That some time in the month of 181 he paid to Majr. Stephen Neal of Huntsville the sum of sixty dollars toward the discharge of a note, or obligation payable by said Whites and Gilbreath to Noah Ashley of Roan county Tennessee, and that some time in the month of 181 he paid to Majr. John Lowe, the sum of forty four Dollars for Tobacco, by him sold to said concern. your complainant avers that the aforesaid sums have never been paid or in any manner accounted for to him in the settlement, of the affairs of said concern, and that the other partners are justly indebted to him for their proportions thereof, and he prays that this may be taken as a supplement to the bill by him heretofore preferred, in the case, and that said Defendants, may answer the same as fully as the charges in said Original Bill contained, and that your complainant may have hereon as full and complete relief as is prayed for in said Original Bill. Minor for the complainant; filed 20th Novr. 1816. Fra E. Harris clk. And afterwards to wit at a Superior court began and held for the county of Madison and Mississippi Territory, at the court house in the town of Huntsville on the second monday in May in the year of our Lord one thousand eight hundred and seventeen "On motion of the said complainant and with the consent of parties, it is ordered, by the court that said complainant have leave to amend his supplemental bill. And afterwards to wit, on the twenty fifth day of October in the year of our Lord one thousand eight hundred and seventeen, was filed in the clerks office of the Superior court for Madison County Mississippi Territory the answer of James White to the supplement of Alexander Gilbreaths original Bill, in the words and figures following to wit. "To the Honorable, the Superior Court of Madison County in the Mississippi Territory of the united States of America: The answer of James White to the supplement of Alexander Gilbreaths original bill filed in your honorable court against the Respdt. and others. This Respondent saving to himself all manners of exception to said supplemental bill, for answer thereto saith; that as to the payments thereto charged, to have been made to the complt. out of his own funds for the debts, or concern, of Whites and Gilbreath this Respdt, knows nothing; he therefore does not admit them to be true, but requires that the complt. may be but to the proof of those payments, as well as to shew how he is entitled to a credit therefore against the said concern of White and Gilbreath. For this Respdt. charges that out of the supposed profits of that firm the Complt. has received $1349.58. as appears by the articles of Dissolution filed by the complt. as part of his original Bill; which in truth and in fact this Respdt. or the other partner John White, has not each received an equal sum out of said profits as he believes. This Respdt. would further state, that by the article of Dissolution $1500. was supposed to be sufficient to pay all the debts, in and about the country; when this Respdt. charges the truth to be, that the said sum was altogether insufficient; was much as he has paid to. Read, Mitchell & Co. $4029.50 as appears by this Respdts. answer, to the complts. original bill as he now believes. This Respdt. has since paid $126.37 1/2 being the amt. of a note due from said firm to one Robert Massengill dated on the 17th day of February 1812. herewith exhibited marked (M) and prayed to be taken as part of this answer. This Respdt. is also entitled to the sum of in consequence of a claim in the hands of McGhee against said concern of Whites & Gilbreath; also to the sum of $ for a claim in the hands of Clark and Lyon against said concern; which have been satisfied by this Respdt. and which were probably not noticed in his answer to the complainants original bill. This Respdt. has also paid $502.55 the amt. of the complts. private act. due Reed, Mitchell & Co. as he has probably stated in his former answer. This Respdt. therefore insists, that if the complt. has ever made those payments, as charged in his said supplementary Bill, he ought not to charge them to this Respdt. or his other partners; at least untill they are placed on an equality with the complt. by compelling him to refund the amt. he has received out of the supposed profits and otherwise as herein stated or so much thereof as will be necessary to place all parties concerned on equal grounds. This Respdt. having fully answered the complts. said supplemental bill, and adhereing and relying on his former answer prays complts. said bill may be dismissed and that he may have a decree for his costs, &c. State of Virginia Washington County towit; James White this day made oath before me a Justice of the peace of said County that the allegations contained in the foregoing answer so far as they relate to his own actings and doings are true, and so far as they relate to the actings and doings of others he believes them to be true. Given unto my hand this 6th day of October 1817. Jno Preston jr. State of Virginia Washington County Ss. I John Campbell clerk of the court of said county do hereby certify that the name John Preston junr. subscribed to the above affidavit is the proper hand write of the said John Preston junr. who now is and was at the time of signing the same an acting justice of the peace in the County aforesaid, duly commissioned and qualified and that due farth and credit is due to his acts as such. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said County this 6th day of October in the year of our Lord 1817. and in the forty second year of the Commonwealth. John Campbell. Wahington County Virginia, to wit, Robert Campbell, presiding justice of the court of the said County do hereby certify that the foregoing attestation of John Campbell who is clerk of the said court is in due form, Given under my hand this 6th day of October 1817. Robert Campbell; Filed this 25th October 1817. Francis E. Harris clk. And now afterwards, to wit, at a Superior Court began and held for the County of Madison and Alabama Territory at the court house in the town of Huntsville on the first monday in October, in the year of our Lord one thousand eight hundred and eighteen, to which term this cause was continued. This cause this day came for final hearing, on the Bill, answer, and exhibits, the testimony of witnesses and the argument of counsel on both sides, and the matters in said bill set forth, being by the court here understood, upon consideration thereof, it is adjudged and decreed, that said Bill be dismissed, and that the Defendants receive of the plaintiff their costs by them about their Defence in this behalf expended. 13. Peyton Cox for Drury, Oliver, & Jessee Thompson vs. Robt. Thompson & Robt. Watkins adms. of Drury Thompson Decd. Mississippi Territory of the United States Madison County. Be it remembered that heretofore to wit, on the first day of November in the year of our Lord one thousand eight hundred and fourteen was filed in the clerks office of the Superior court of Madison County Mississippi Territory sitting in chancery, a bill of complaint in the name of Peyton Cox, Guardian for Drury, Oliver and Jesse Thompson, against Robert Thompson and Robert Watkins administrators of Drury Thompson deceased in the words and figures following to wit, "Madison County Mississippi Territory of the United States. Peyton Cox guardian for Drury Thompson, Oliver Thompson and Jesse Thompson vs Robert Thompson and Robert Watkins administrators of Drury Thompson decd. To the honorable Obediah Jones Judge of the Superior Court of law and Equity for the County of Madison, M. Territory, humbly complaining sheweth unto your honor that some time in the year of our Lord 1800 Drury Thompson of the State of Georgia Elbert County died intestate and left Charlotte Thompson his lawful wife and five children - Susanah Ellenor, Pamelia Ellenor, Drury, Oliver, and Jesse Thompson minors and his only and lawful heirs, that some time in the year of our Lord 1810, the said Robert Thompson and Robert Watkins brought or caused to done, Drury Thompson, Oliver Thompson, and Jesse Thompson, the Sons and lawful heirs of the said Drury Thompson dec'd. in Madison County M. Territory who are now all under the age of twenty one years, and that your orator Peyton Cox, who sues for them, was appointed Guardian for Drury Thompson, by Leroy Pope, Chief Justice of the Orphans Court for Madison County, M. T. - the 19th of March 1814 and appointed Guardian for Oliver and Jesse Thompson at a orphans court for the County of Madison, M. T. the 11th of July 1814. - Your orator Peyton Cox who is the lawful Guardian for Drury, Oliver, and Jesse Thompson states that at the death of the said Drury their Father he was seised and possessed of considerable property, both real and personal, what quantity of land your orator is not informed, and the following negroes: Bevil, Larkin, Pompy, Denken, Bolling, Tanner, Dolly, Norman, Eli, Peter, Barbary, Mariah, Casa, Lanford, Mason, Limrey, Jimsey, together with a large quantity of other property and household furniture, in all supposed to be worth nearly ten thousand dollars and that Robert Thompson one of the Defendants hereto, took upon himself, immediately after the death of the intestate, to collect the money due the estate, to make settlements and pay debts and demands against the Estate, for upwards of five years previous to his obtaining administration on the Estate - for it appears from Record that at a Court of Ordinary held for the County of Elbert State of Georgia, on the 6th day of March 1809 and not till then letters of administration were granted to the said Robert Thompson and Robert Watkins on the Estate of the said Drury Thompson dec'd. and they qualified as administrators according to law, and that commissioners were appointed to appraise the Estate, which then amounted to seven thousand one hundred and twenty three dollars and 58 cents, not withstanding the great loss and injury done the Estate by the misconduct of the said Defendants; Your orator further states to your honor, that the said administrators has sold the tract of land belonging to the Estate, and he is informed it sold for four hundred and Eighty dollars and also one negro, not named in the appraisement by the name of Daniel, how or in what manner, the money arriseing therefrom has been applied, your orator is not informed, your orator states that at the death of the intestate there was a considerable quantity of cotton belonging to the estate to the amount of about eighteen thouisand weight also eight thousand four hundred and seventy two pounds of Tobacco, all of which is unaccounted for, nor can your orator obtain any satisfactory information how and in what manner it has been disposed of, nor what the amount of sales were or how the money has been applied and to what use; your orator states that in the year 1803, there was a large crop of cotton and Tobacco, made on the farm, of the said Drury dec'd,. and the Negros belonging to the Estate, were kept together and continued to make good crops for five years before administration was granted, and your orator states that there was as much made each year, as the crop that was on hand, the year that the said Drury died; all of which is unaccounted for by the said Robert Thompson, who took upon himself the sole controle and management of the Estate, to settle debts, to dispose of the crops, each year during all that time, and before he obtained letters of administration on the Estate; Your orator further alledges that there was a sufficiency besides the crops of cotton and Tobacco in the care and possession of the said Robert Thompson to support the family, and that at the death of the said Drury there were not many just debts, were from the Estate, but what may have been paid with the money due the Estate, and the crop then on hand, but by the misconduct and bad management of the said Robert Thompson, the orphans of the said Drury dec'd. have been greatly injured, and in equity and justice he is bound and liable to account for the crops which were made those five years previous to his obtaining letters of administration. Your orator states that the personal property, of the said Drury dec'd. which was appraised to $7123 dollars, 58 cents, including the negroes sold for a much larger sum, and the Defendants have never yet at any time since the granting the letters of administration as aforesaid made any returne or exhibit of the amount of the sales of the property of the intestate, but have kept and applied the monies arrising therefrom to their own use; your orator shews to your honor, that the said Robert Thompson and Robert Watkins took upon themselves to act as administrators before letters of administration were granted them, which will more fully appear by a notice dated the 7th of January 1809. signed by them as administrators, to hire out the negroes belonging to the estate of the said Drury Dec'd. and the record from the State of Georgia, shews that they were not appointed administrators until the 6th of March 1809. and that they did proceed to hire out the Negroes of the intestate, the 21st of January 1809. which amounted to twenty seven thousand one hundred and seventy pounds of seed cotton, for that year which is not accounted for, and they are now liable to pay the Legatees the money arrising therefrom. Your orator states that on the 25th of February 1810 part of the Negroes belonging to the Estate of the intestate were sent into Madison County M. T. by the Defendants, and on the 25th of February 1812. the ballance of the Negroes were brought here; what the hire of the Negroes were worth those three years or part in Georgia and some in Madison County, your orator cant precisely state, but for what they hired for in other years they were worth between seven and eight hundred dollars each year, and the Defendants are now liable to account with the orphans for the hire amount of the hire of the Negroes, which they have failed to do; your orator further states that frequent application has been made, to the said Robert Thompson, to make a settlement on fair and equitable terms, relative to the Estate, and to pay over to the Legatees the money justly due them, but he has always refused them, to do so; all which acts and doings of the said Defendants are contrary to equity and good conscience and add to the great injury of Drury, Oliver, and Jesse Thompson infants and heirs of the said Drury Thompson dec'd. In tender consideration whereof as for as much as matters of this nature are more properly cognizable and achievable in a court of Equity before your honor. to the end therefore that the said Robert Thompson and Robert Watkins may be compelled to appear before your honor at a Superior court of law and Equity to be held for the County of Madison M. Territory in the town of Huntsville on the second monday in November 1814. then and there upon their several corporal oaths, true and perfect answer make, to all and singular the charges and allegations herein alledged as fully and particularly as if the same were again here repeated and interrogated, and that the said Robert Thompson may setforth a true and perfect answer of all and singular the real and personal estate of the said Drury Thompson dec'd. and in what the same consisted and how much and what part came to his hands, custody and power; and how and in what manner the same has been disposed of; and how much and what part thereof remains undisposed of; and where and in whose hands, custody or power all or any part thereof now is or are, and whether the said Robert Thompson on the death of the said Drury did or did not enter upon the management of the Estate, collect money and pay debts, make sales of the crops, use the money, or where or in whose hands it now is, whether the land was not sold belong to the Estate, and for what sum, and how the money has been applied; and whether a negroe fellow by the name of Daniel was not sold or traded and for what sum - and at the death of the intestate, whether there was not about eighteen thousand weight of seed cotton, and eight thousand four hundred and seventy two pounds of Tobacco, on hand belonging to the Estate, and what sum it sold for, and how the money has been applied; and for what use or purpose; and farther to state whether there was not a large crop made on the farm the year the said Drury died; and how it has been disposed of; whether the negroes were not kept together for five years, under the direction and control of the said Robert Thompson; that he state what quantity of cotton and Tobacco was made, each of those years; what it sold for and how the money has been applied; and that he render a true and just account of the debts due & owed the Estate - whether the personal property belonging to the intestate, did not sell for a much greater sum than it was appraised to, and what was the true amount of the sales; whether the Defendants did not take upon themselves to act as administrators on the Estate of the intestate before they obtained administration; and hire out the negroes, and what they hired for in the year 1809. whether the Negroes in that year did not hire for Twenty seven thousand one hundred and sixty pounds of seed cotton; what it sold for, and how the money has been applied, whether the orphan children of the said Drury dec'd. were not sent to Madison County M. T. by the Defendants direction, and also the personal property of the intestate; and whether they did not send a part of the Negroes of the said Drury to Madison County M. T. on the 25th day of February 1810, and the ballance on the 25th of February 1812. and that they state what the Negroes hired for in each of the years 1810 and 1811 and 1812. what it amounts to and, howe the money has been applied and for what ever; or in whose hands it now is or are; your Orator Payton Cox. who sues as Guardian for Drury, Oliver and Jesse Thompson, prays that the defendants may be decreed to come to a fair and just account, with him their Guardian. for all the money arrising from the sales of the property of the intestate, the crops and hire of the negroes, and all the increase of the Estate of the said Drury dec'd. and that they may be further decreed to pay over to your orator the lawful Guardian of those orphans, their proportionable part of the money they are entitled to receive by the laws of our County as legatees of the said Drury Thompson dec'd. which money your orator is bound to account with those orphan children, for, when they become of age, and that your honor will make such other and further decrees in the premises as to your honor may seem just and equitable &c.&c. Payton Cox, Guardian for Drury, Oliver and Jesse Thompson; N. O. Watts pro pltf. I certify that this Bill was filed in my office 1st Novr. 1814. Francis E. Harris. And afterwards to wit on the first day of November 1814. Issued the two following writs of subpoena in these words "Mississippi Territory of the United States Madison County. To the Sherriff of said County greeting. you are hereby commanded to summon Robert Thompson administrator of the estate of Drury Thompson dec'd. if he may be found in your county to appear before the Judge of the Superior Court of law and equity sitting in Chancery at the court house in the town of Huntsville on the second monday in November next, to answer on oath a bill in chancery prefered against him in our said court by Peyton Cox Guardian for Drury Thompson, Oliver Thompson, and Jesse Thompson minors, a copy of which bill accompanying this writ you will deliver to the said Robert Thompson, hereof fail not and have you then there this writ. Witness Obediah Jones Judge of our said Court at office the second monday in May in the year of our Lord 1814. and of American Independance the 38th. Test Francis E. Harris clerk S. C. Issued 1st Novr. 1814. Rec'd. 1st Nov 1814. Z. Slate D. S. (Returned) Executed by me 1st day of November 1814. Z. Slate D. S. Mississippi Territory of the United States Madison County. To the sherriff of said County Greeting. you are hereby commanded to summon (Robert Thompson) and Robert Watkins (administrators of the estate Drury Thompson deceased) to appear at our next Superior court to be held for the county of Madison at the court house in the town of Huntsville on the second monday in November next, to answer on oath a bill in chancery preferred against them in our said court, by Peyton Cox, guardian for Drury Thompson, Oliver Thompson, and Jesse Thompson, minors, a copy of which bill accompanying this writ you will deliver to the said Robert Watkins, hereof fail not and have you then there this writ; witness the Honorable Obediah Jones Judge of our said court at office this second monday in May in the year of our Lord 1814. and of American Independence the 38th. Issued 1st Novr, 1814. Test. Francis E. Harris clk; Recd. 1st Novr. 1814. Z. Tate D. S. (Returned) not found in the county 5th Novr. 1814. Z. Tate D. S. And now afterwards to wit at a Superior court began and held for the County of Madison, Mississippi Territory at the court house in the town of Huntsville on the second monday in May in the year of our Lord one thousand eight hundred and sixteen (to which term this cause was continued) "Came the plaintiff and says he does not wish further to prosecute his suit against the Defendants, and the Defendant Robert Thompson, assumes to pay all costs; It is therefore considered by the court that this suit be dismissed, and the plaintiff recover of the Defendant his costs in this behalf expended &c. 14. Payton Cox et ____ vs. Robert Thompson & Robert Watkins admrs. on the Estate of Drury Thompson Decd. Mississippi Territory of the United States Madison County. Be it remembered that heretofore to wit, on the ___ day of ________ in the year of our Lord one thousand eight hundred and fourteen, was filed in the clerks office of the Superior court of Madison County Mississippi Territory, sitting in Chancery a bill of complaint in the (name) of Payton Cox, and Susanah Ellenor, his wife, against Robert Thompson and Robert Watkins administrators on the Estate of Drury Thompson Decd., in the words and figures following towit "Madison County Mississippi Territory of the United States. Payton Cox and Susanah Ellenor, his wife, vs Robert Thompson and Robert Watkins administrators on the Estate of Drury Thompson Decd. To the honorable Obediah Jones Judge of the Superior court of law and Equity Return to Holdings
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