Volume 2 — Stewart's Alabama Reports (1827–1831)

In the Circuit Court of Pike county, I. M. Brogden brought an action of assumpsit against B. Baldwin, on a promissory note made by him, for #109 payable to one D. W. Edgerly or bearer, which by delivery had been transferred to Brogden.

This was an action of assumpsit determined in Monroe Circuit Court. It was brought by the appellees against the appellant, on a note of hand. At October term, 1822, the following entty was made: “Judgment by default; whereupon it is considered by the Court that the plaintiffs do recover of the defendant the sum of $-damages, and costs of suit, &c.” It was among other things assigned for error, that no damages being recovered, the judgment for costs alone was erroneous.

Peter Peunxet was indicted in tlie Circuit Court of Autauga county under the statute for horse stealing. The indictment charged him with stealing a horse. On the trial, the proof was that the animal stolen was a gelding, and the prisoner was convicted and sentenced.

George S. Johnson sued out a writ in debt returnable to the Circuit Court of Madison county, against Robert W. Roberts and John C. Gibbons, to recover on a note made b3>- them for $933.

Thomas B Murphy, by his agent B. Harding, sued out an original attachment in Morgan county against Ezekiel P. Wallis, to recover on a note of hand for $107 75. .The process was issued by a Justice of the Peace, and was made returnable to the County Court.

This was an action of detinue, brought in the Circuit Court of Tuscaloosa county, in 1822, by JohnM’Kinney,. his lifetime, against Sarah M’Kinney as the administratrix of Alfred M’Kinney, deceased, to recover two slaves. During thependency of the suit, the plaintiff died, and the cause was revived by his executors; and also the defendant having intermarried, her husband was made a party defendant.

Drury M. Allen brought an action of assumpsit in Madison Circuit Court, against Parham N. Booker, to recover back one hundred and twenty-five dollars paid by him as a partial payment on a purchase of land. At the trial in May, 1827, the plaintiff proved that be paid the money on account of a purchase of land made by him of Booker; that the contract was by parol; and that the land lay in the Arkansas Territory.

John Johnson brought an action of debt, in the Circuit Court of Lauderdale county, againstRichard M’Mahon, administrator, and Isabella Howe, administratrix of William Howe, deceased; to recover theamount of a judgmentwhich he liad obtained against Howe in his lifetime, in the Court of common pleas of Lancaster district in South Carolina.

Of the 25th of September, 1S28, a writ of quo warranto was sued out from the office of the Clerk of the Circuit Court, of Washington county, at the imstanceofthe Solicitor of the first Judicial Circuit, in behalf of the State of Alnbama, against the President Directors and Company of the: Tombeckbee Bank.

This was an action of trover brought by Gabriel Keath, against Robert Patton, in the Circuit Cdurt of Morgan county. The plaintiff' declared against the defendant, for the conversion of five horses, of the value of $333 33. At April term, 1827, atrial was had on the plea of not guilty, and a verdict was found for the defendant.

The facts as shewn by the record in this cause are as follows: A writ of capias ad respondendum, in debt, was sued out by Henderson Levyis, against Benjamin M. Williams, Mary M. Mitchell and Charles M. Mitchell, returnable to the fall term, 1823, of Franklin Circuit Court. The sheriff returned that it was executed on Benjamin and Mary Mitchell, and that Charles Mitchell was not to be found. The plaintiff declared against the three defendants, as if in custody.

Ezeiciel Henry, sheriff of Shelby county, filed his bill in equity, inDallas Circuit Court, inDecember, 1824,against Roberts and Battle, copartners.

D yonisius Oliver, a minor, by his next friend and guardian ad litem, Gorge Bowie, filed his bill in equity in Monroe Circuit Court, in April; 1823, against Mary Ann Brannan, James D. Godbold, James Wade, and Edward Stedham. To this bill Mrs Brannan, Wade and Sted ham, filed their answers.

Thomas Bibb obtained a judgment in the county Court oí Madison county, against John Estell and John Bradley, in February 1827, for $2213 04; on which fa issued the 26th of February 1827, which was levied on the next day on four negroes, besides other effects, as the property of John Estell. On the 2Sth of March the said slaves were¡ claimed by John Hobbs, who made affidavit and gave bond according 1o statute.

Richard Ellis, in January 1S26, filed in Franklin Circuit Court a bill in chancery against Thomas Bibb, for a discovery and relief, and to enjoin a judgment at law which Bibb had recovered against him. The cause at April term 1S27, was by consent, submitted for a final decree on the bill, with the several accompanying exhibits, and the answer; and a decree was rendered by the presiding. Judge, dissolving the injunction previously granted, and dismissing the complainants bill.

On the 4th of June 1824, Franklin Rohinson sued out an original attachment against Daniel Rapelye and William Smith, as surviving partners of the late firm of Lawrence, Rapelye, & Co. of New York, (John T. Lawrence having previously died,) to recover $2213 58, which he claimed of said firm as balance of an account current. The attachment was returned to the Fall term of Marengo Circuit Court.

-John R. Lucas, filed his Bill in Equity, in Madison Circuit Court, in August, 1827, against John P'. Hickman, for a ne exeat. He set forth that in 1819, Pope and Plickman as copartners, became indebted to the firm of Nance & Co. in $6662, by a note made by them payable to J. Brahan, and indorsed in blank by Brahan; that the note was delivered to Nance &co., and that afterwards the complainant acquired the equitable interest in it.

Miguel de Eslava, Jerome Eslava, Joaquim Eslava and Thomas F. Townsley, brought an action of tress-pass to try titles to recover possession of a certain lot of land in Mobile, and damagesffor the detention by Thomas L. Hallett, who had it in possession. At March Term 1828, of the Mobile Circuit Court, the cause was tried, and a verdict and judgment were obtained by the plaintiffs against Hallett the defendant, for the lot and 0300 damages and costs.

Martin Fryer, as administrator of John Fryer, deceased, filed his bill in equity in Monroe Circuit Court, in August, 1824, against… Held: for $136. That he gave no account of this levy and sale, but returned the execution endorsed “no money made;” that after this, Myles died insolvent, and John Fryer died; and that an alias execution had been since issued, and was in the hands of the sheriff of Monroe county, against the estate of John Fryer, for the whole amount of…

This was an action of debt, instituted by John Hunt and William'Coridry,' in the Circuit Court of Lauderdale county, in March, 1826, to recover of Brice. M. Mayfield, the amount of a judgment which they obtained against him in the Court of Pleas and Quarter Sessions in the county of Claiborne, in the State of Tennessee; and was founded on an exemplification of the record of said recovery.

The record in this cause shews that on the 30th of March, 1824, a writ issued against Richard Tankersley, to answer unto Thomas Richardson, as surviving partner of the firm of Richardson fy Blake, in a plea of trespass on the case, to the damage of the plaintiff of $1000. The writ was returnable to the April term of Mobile Circuit Court, and was executed. No endorsement of the cause of action appeared on the writ.

George C. King, sheriff of Perry county, and administrator de boñis non, by virtue of his office, of John Bass, deceased, brought an action of debt in Perry Circuit Court, against Jetson Green, R. W. Holliday, and John Welsh, to recover of them the amount due on a sealed note made by them. The declaration was in the detinet, and contained two counts.

This was an action of assumpsit, brought by J. J. Winston against W. F. Moseley, in Lawrence Circuit Court, in March, 1823, to recover on a cotton receipt, given to W. Pettus, by the defendant, who was a ginner of cotton, on the 10th of December, 1821; whereby he acknowledged to have recéived of Pettus 60,000 pounds of cotton in the seed, to be picked, baled and delivered to Pettus for one twentieth; Pettus providing the materials for baling.

William Derrick brought an action of trover in Madison Circuit Court, against William Echols, to recover the value of a slave named Lewis. At the spring term, 1827, of the Court, on the plea of not guilty, a verdict and judgment were rendered for the plaintiff, for $543 42, damages.

The President, Directors, & Co. of the Bank of Georgia, by their attorneys in fact, G. R. Clayton and E. Cary, brought an action of assumpsit, in Montgomery Circuit Court, in August 1825, against Henry Lucas, to recoveh on a note made by him for #1680, dated the 14th June, 1820, and payable at six months, to the order of JohnLucas, at the Branch Bank of the State of Georgia, in Milledgeyiue> The note was indorsed by John Lucas, to one S. Goodall, and by him to the plaintiffs.

John Copeland instituted three suits of debt in the Circuit Court of Montgomery county, in 1825, to recover of Henry Lucas, on the records of three several judgments, which he had obtained against him in the Superior Court of Hancock county, in Georgia. The defendant pleaded a variety of defences.

James Innerarity, in 1827, brought an action of trespass to try titles, against Joshua Kennedy, in Mobile Circuit Court; to recover the possession of a piece of ground ixi the city of Mobile. Samuel Kitchens was, by consent, substituted as defendant to the action, and pleaded the general issue; and at the special February term, in 1828, of said Court, a verdict was found for (he defendant.

This was an appeal tried in the Circuit Court of Autauga county. George Taylor had obtained a judgment against B. Rushing, as the owner of a public ferry, for ten dollars, as a penalty incurred by reason of his being detained at the public ferry of said Rushing.

This was a writ of error sued by Willis Martin, who was also plaintiff below, to reverse a judgment rendered against him in the Circuit Court of Greene county, in an action of trover, brought by him against Asa White, administrator of George Evans, to recover five negroes, which he claimed under a bill of sale, made by Evans to him.

In March 1822, James B. Collier filed his hill in equity in Madison Circuit Court, against Samuel Chapman, John M'Kinley, and James Birney,-to subject certain negroes to the payment of a debt due by Chapman, to him.

N. Smith, sued out two writs of error to the County Court of Clarke county, and gave two bonds to supersede the judgments below. The Clerk of the County Court returned the two writs and bonds jointly, and attached to them one transcript of record only. This transcript contained two judgments.

Pulaski Dudley, for liimself and Susan, his wife, in right of his wife, filed a petition in the County Court of Madison county, in March, 1825, against William Moore, who was the executor of Uriah Bass, deceased, claiming a further allowance to the value of #1,515, for a deficiency in a distribution of the negroes of said estate, made to him under the will of said Bass, and for the hire of the slaves he should have received as he alleged.

These were actions of debt, brought in the year 1822, in the Circuit Court of Monroe county, by the plaintiff in error against the defendants, who were also defendants in the Court below, to recover on two specialties, made by the defendants respectively, on the 29th of April 1819. In the case of Carrington, the instrument was made by James Caller and Robert Caller, and payable to A. B. Carrington or bearer.

This was a suit in equity, tried on bill and answer in the Circuit Court of Covington county, at October term, 1827. Samuel Gates had filed his bill in March 1827, charging, that before the sale of the public lands at that place by the United States, Thomas M‘Daniel had established a ferry on the Conecuh river, below the falls, in Covington •county.

In a bill in Chancery filed in 1824, by Roderick Easley in the Washington Circuit Court, against Lewis Cato, the following facts were charged, viz: That one Wychc Cato died intestate, leaving his widow, Martha Cato, and four children, Burrell, Feraby, Franklin atid Green, who were minors; that he left a considerable real and personal estate; that Lewis Cato administered; that at a sale in July 1817, of a part of the property, the widow purchased to the amount of $773 12, and…

Hunt, as surviving partner, instituted an action of assumpsit in Autauga Circuit Court, against Smith, and in his declaration alleged that George Wilkinson and himself were copartners under the firm of George Wilkinson & Co.; that the defendant had made a note payable to them in the following words: “$279 9-100. One day after date I promise to pay George Wilkinson & Co. or bearer, two hundred seventy-nine 9-100 dollars for value recived, 15th January, 1824.

This 'was a writ of error sued to this Court by Johnston and M‘Grew, to reverse a judgment of the County Court of Marengo county, rendered against them in favor of Atwood, on the trial of an appeal from a magistrate’s Court.

This action Involved the same points as the two. preceding; In addition thereto, it was assigned for error, that the damages in the writ and declaration were laid at $130, and a verdict was found for $268 93, and judgment was rendered for that amount. The action was in assumpsit. This is certainly erroneous. a since the suing oí this writ of error, a reinittifur has been entered; but a remittitur cannot be entered at a subsequent term. b

Under the- act of 1827, a divers executions were issued fry ^he clerk of this Court, dividing the costs, where exe.cutions had been previously issued against the unsuccessful party and were returned no property found. Some were issued against plaintiffs in error, and some against defendants; and many were on judgments rendered in this Court, before the act passed.

<p>This was a writ of error from Mobile Circuit Court.</p>

This was ail information in the nature of a quo warranto, filed in the Circuit Court of Marengo county, at the May term, 1829, on the relation of John E. Anderson.

On the trial of an action of assumpsit in the Circuit Court of Baldwin county, PellB- Sutton recovered againstEussell Stebbins, a judgment on a verdict for $1,000. The declaration was for goods sold, materials furnished towards the building of a steamboat, &c. The plea was the general issue. A bill of exceptions was taken by Stebbins, the matter of which is here assigned^for error.

This was a trial of the right of property in a slave, in Tuscaloosa Circuit Court. L. Brandon had recovered a judgment in said Court, against J. Wyzer; an execution issued on this judgment the 18th of April 1826, was levied on the 23d September 1826, on a negro boy named Jacob, then in the possession of Wyzer.

In an action of debt, in Montgomery Circuit Court,. W. Sayre declared against W. B. Lucas, on a specialty, relying on his title there to as bearer — , Lucas craved oyer of the instrument and demubredj on the ground that such an instrument was not transferable by delivery, so as to enable the bearer to maintain an action in his own name. The instruments set out on oyer was as follows: “$354 20.

Davenport declared against Drish, in the Tuscaloosa Circuit Court, in an action of trespass on the case, for the seduction of the daughter of the plaintiff. He charged that his daughter, Eliza, had been seduced and gotten with child by the defendant, whereby he lost her services as a servant, and was put to expense on account of her pregnancy and delivery, and nursing of her child, &c. At March term, 1827, a verdict was found for the-plaintiff, 'for $1,525, damages.

This writ of error- was prosecuted to reverse the judgment of the Circuit Court of Tuscaloosa county, rendered in an action of trover. E. Young commenced the suit in said Court oil the 3d of January 1827, against Mary Ann Hill, who since the rendition of the judgment intermarried with M£Gowen, for the conversion by her of four negroes. At March term 1828, a trial was had on the plea of the general issue, and Young obtained a verdict and judgment for $ 1425 damages.

Walter B. Lucas filed a bill in Equity in the Circuit Court of Montgomery county, against the Bank of Darien, for relief against several judgments at law, which said bank sought to enforce against him.

W. Townsend instituted, in Franklin Circuit Court, in 1827, an action of assumpsit against W. B. Martin and P. Martin, to recover of them as joint indorsers on a note for @ 560, under seal, made by one Ladd, in 1822.

The record in this cause shews, that in October, 1826, in Dallas Circuit Court, White & Lesley as administrators •of E. Lane, commenced suit in assumpsit, to recover of T. H. Wiley, L. M. Wiley and T, W. Baxter, composing the firm of T. H. Wiley, & Co. and against M. Gayle, on a note for $ 910, made by them the 8th of October, 1824, payable twelve months after date, to the plaintiffs, -as administrators of Lane’s estate.

William Moore, in 1827, instituted an action of trespass against Ayres, in Jefferson Circuit Court, for taking and conveying away a negro boy, named Tom, which he claimed as his property. Ayres pleaded not guilty, and also, in justification, that he had, as sheriff of Jefferson county, levied on the slave, as tbe property of James B. Moore, by virtue of an execution against him. At the trial at March term, 1828, a verdict was found for the plaintiff for $ 210 damages.

James'Davis, declared against D. Harrison, in Bibb Circuit-Court, in an action of trespass, charging him with having taken and led away a certain horse, the property of himy-said Davis.

James H. Foster, brought an .action of trespass to try titles, in Greene Circuit Court, against R. Harrison and Mary Foster, and declared against them for one undivided third part of a tract of 320 acres of land. The defendants pleaded not guilty. At February term 1828, the cause was tried.

Thomas Cawood, Franklin Brown, and Taylor Brown, were indicted in the Circuit Court of Jefferson county, for a conspiracy, and at October term, 1829, were found guilty and fined by the verdict of a jury. A motion being made to arrest the judgment, the presiding Judge referred the question of the legality of the conviction to this Court, under the provisions of the law for determining questions novel and difficult.

This was a bill in Chancery, filed in Morgan Circuit Court, in December 1827, by Richard Sykes, for himself, and as guardian for, and next friend of Robert Sykes, William Sykes, and Rebecca Sykes, infants, against James T. Sykeá, administrator with tíre will annexed, and James Sykes, an infant, for the purpose of setting aside a nuncupative will, which had been adrtiitted to probate as the will of John Sykes the deceased brother of the complainants.

This was an action of debt in Franklin Circuit Court, in which “James Davis, Judge of the County Court of Franklin county, successor of William Lucas,” was plaintiff, and “Michael Dickson aud John Davis'7 were defendants, instituted in 1834, to recover on a bond made by Dickson as principal, and Davis and one Thomas, as his securities, dated in May 1830, payable to Lucas, as Chief Justice of .the County Court of Franldn county, and his successors in office, in tjie penalty…

This was an appeal sued to this Court by John R. Lucas, and Wyman & Clarke, to reverse a decree in equity rendered in the Circuit Court of Madison county, at April term 1828.

This was a prosecution for larceny, commenced in the Circuit Court of Jackson, which, on application of the prisoner, had been removed for trial to the Circuit Court of Madison, where he was tried and found guilty, and thence his case, on questions of supposed novelty and difficulty was referred to this Court.

An action of debt was instituted in Perry County Court, in 1827, in the name of John Murphy, Governor of Alabama, and successor of I. Pickens, against J. Lake and W, Barron, on a bond executed by them the Slst October, 1825, whereby they bound themselves to'said Pick-ens, Governor, and his successors in office, in the penalty of $2,000, with condition, that, “ whereas, Peggy'Hartley, a single woman, hath in, and by her examination, taken in writing, and upon oath, before me,…

This was an action of debt brought in Perry Circuit Court in 1824, by W. Miller against J. Pennington, to recover on an exemplification ot the record of a judgment obtained by him in Jasper county, Georgia, in 1819, for $584, and costs. The declaration was in the usual form, founded on said judgment; to which the defendant pleaded nul tiel record, and also a special plea in bar. Issue was taken on the first plea, and the second was demurred to.

This was a writ of error from Morgan Circuit Court. The suit was commenced by a warrant before a justice of the peace. The warrant was signed by the justice under his hand, but without a seal annexed. The magistrate gave judgment for the plaintiff, from which an appeal was taken to the County Court, where the Court, on motion of the defendant, quashed the warrant, because it was not under seal.

This was an action of trespass to try titles, brought by T. & W. Brandon, C. C. Clay, J. W. McClung, and B.. Brandon, to recover possession of the lot and building formerly occupied as a banking house, by the Planter’s and Merchant’s Bank in Huntsville. The action was originally brought against S. Cruse, as tenant in possession, bub Leroy Pope claiming the title, he was admitted as defendant.

This was an action of debt on a promissory note, for $75, determined in Lauderdale Circuit Court. The declaration was in the usual form, in one count.

Clifton declared against Grayson in Lauderdale County Court, in an action of trespass, for an assault and battery, and false imprisonment. The plea was, not guilty. A bill of exceptions taken by the plaintiff, shews, that on the trial, he produced one Kursner, a witness to prove, that he, the witness, had arrested the plaintiff, at the request of the defendant.

This was motion for an injunction, to restrain the Register of the Land Office at Courtland from receiving entries, or issuing certificates in favor of the defendants, for certain lands. The application was made on the first of October, 1829, to Judge Perry, who granted an injunction, to continue only until the 26th of January; and in this Court, the complainants rnoved that the injunction be continued and granted generally.

James Teague filed his hill in Chancery in Franklin Circuit Court, against J. Russell and W. Moore.

This was a writ of error sued out by Plummer, to reverse the judgment of the Circuit Court of Franklin county, rendered on a verdict in his favor, at October tern!', 1825. He had instituted an action of debt in said Court, against J. C. and J. W. McKean, on an instrument, of which the following is a copy: a $9;000.

This was án appeal from the decision of a justice of the peace of Pickens county, in a suit in which Moses Lewis Was plaintiff, and W. Jordan, defendant. The action was on a note, as follows: “ Springfield, July 30, 1825. On or beiore the 25th December, 1829, 1 promise to pay Moses Lewis, or bearer, forty-one dollars and twenty-five cents, for value received.

In August, 182S, Nannette Rochon filed a bill in Chancery in the Mobile Circuit Court, against Littleton Lecatt, praying relief against a judgment at law which Lecatt had obtained against her, and in which he had recovered possession of a lot of ground in Mobile, and damages.

This was a writ of error from the County Court of Perry county. S. Foote recovered a judgment against G. Farrar, before a justice of the peace; Farrar petitioned the Judge of the County Court for a certiorari, to remove the cause into that Court, which the Judge granted, and by his fiat directed writs of certiorari and supersedeas to issue. The petition scaú-fuit were filed with the clerk, and also a bond as required by the order.

R. Wade prosecuted this writ of error to reverse a judgment obtained against him in Jefferson Circuit Court, fay Kelly and Hutchison, in an action of debt on a note for $500. The errors assigned are stated in the opinion delivered. submitted the cause, and cited 1 Chitty’s Pleading, 438-9, 448, 453. Minor’s Alabama Reports, 92, 100, 102, 187. Laws of Alabama, 463-4.

This was an appeal from a justice’s Court, taken by certiorari into tbe County Court of Shelby county, and there tried.

This was an action of debt brought in Montgomery Circuit Court, in 1824, by Robert Hutchings, administrator, and Elizabeth Smith, administratrix, of Samuel Smith, jr. against Elizabeth Bigger, administratrix of Joseph Bigger, to recover on an exemplification of a judgment obtained by them against Joseph Bigger, in his life time, in the Superior Court of Jones county, Georgia, in November, 1820.

W. R. Hallett instituted an action of covenant in Mobile Circuit Court, on certain articles of agreement, made under seal between them, dated the I4th of March, 1826, whereby Hallett covenanted “that he would well and sufficiently convey by deed of release or quit claim to Garrow, his heirs and assigns, on or before the first day of December next, after the date, all his interest in a certain lot of land in Mobile, &c.” and Garrow, on his part, covenanted et that on the…

P. P. Wright had obtained a judgment before a justice of the peace of Tuscaloosa county, against W. J. hiinter, on a note for $31 75, made by him as security of one Enoch Elliott, who was a joint maker of the note with Minter, but who-was not sued. Minter appealed to the County Court, and there, Wright, the plaintiff, filed his declaration or statement, on the note.

On the 21st of October, 1825, a bond was executed by L. Leftwich and George Boggs, jr payable to Richard Bandy, in the penal sum of $1685 76, conditioned, that whereas, Leftwich had obtained an injunction to restrain further proceedings by Bandy, on a judgment at law which he had obtained against Leftwich, in Lauderdale Circuit Court; that .if the said Leftwich should prosecute the said bill of injunction to effect, or in case of failure, then if he paid the judgment or…

In a suit commenced by attachmeut, in Mobile Circuit Court, by Rufus Sewall against Daniel. Held: and stand as special bail in the cause; which motion was, by the Court, at the April term, 1828, overruled.

This action was originally brought before a justice, of the peace of Walker county, by E. Hudson, against E. G. Musgrove, to reeover fifteen dollars, the amount of an order drawn be one Glasscock, in favor of Hudson, on Mus^ grove. The cause was brought by appeal into the County Court.

This was an action of debt, instituted in the Circuit Court of Madison, in the name of Samuel Chapman, Judge of the County Court, for the use of Charles W. Mixen and wife, heirs at law and legatees of Miles Rayner, deceased, against Lewis Moore and Fleming Jordan, as obligors in an administration bond, made in 1822.

In an action of trespass for an assault and battery, G. Gordon recovered against Thomas Reid, in Tuscaloosa Circuit Court, a judgment for ®5 damages and full costs of .suit. The suit was commenced in September, 1835, and determined at March term, 1837. The verdict is in these words: “we find the defendant guilty, and assess the plaintifis damages by occasion thereof to five dollars, besides his costs.” There was no certificate by the presiding Judge, for full costs.

This was an action commenced before a justice of the peace of Lauderdale county, by Thompson against Miller, in which the plaintiff recovered judgment. Miller appealed to the County Court. At the June term, 1828, this entry appears: “continued, and motion to rule plaintiff to security for costs.” At December term, 1828, the defendant moved the Court to dismiss the suit, at the costs of the plaintiff, because he was a non-resident, and no security for costs had been given.

In Franklin Circuit Court, J. W. Maury brought an action of assumpsit against Ira Olive. The declaration contained two counts.

Charles A. Stewart, on.the 14th November, 1827, ínade a complaint in writing before a justice of the peace of Mobile county, against Littleton Lecatt, for a forcible detainer.

This was an action tried in Franklin Circuit Court, in Which Harper was plaintiff, and Perkins was defendant. At March term, 1828, the cause was determined, and judgment was rendered for the plaintiff, for @720 26 debt, and @26 82 damages.

This was an action of debt brought in Lauderdale County Court, by J. McGowen as assignee, against W. W. Garrard and John Morgan, to recover on a sealed instrument made by them, and one J. Willis, in 1818, for the payment of $164 14, to G. Price, by said Price indorsed to one F. P. Pennington, and by Pennington to the plaintiff. The declaration was in the usual form. The defendant pleaded two pleas. The first was a general plea of fraud.

Spann recovered a judgment before a justice oí the peace of Marengo county, against Boyd. Boyd, by certiorari,, removed the cause into the Circuit Court, and there, the plaintiff filed his statement of the cause of action, or declaration, in two counts.

This was a writ of error from the Circuit Court of the County of Butler, sued to this Court by A. Oliver, to reverse a judgment obtained against him by Mary H. Judge. In the record as certified by the clerk, there appeared a writ in case, in the name of Mary Judge, plaintiff, against Oliver, as defendant, indorsed to recover damages for the breach of a marriage promise, and for seduction.

This was an action tried- in Bibb County Court, which had originated before a justice of the peace. Jesse Watkins, for the use of William Perkins, was plaintiff, and Peter Watkins, was defendant. The action was on a promissory note lor $50, made by Peter Watkins, and payable to Jesse Watkins. The defence was usury. At the trial, the defendant offered a statement, under the statute, and proposed to prove it by his own oath, to support his plea.

E. King held a note made by J. Dougherty, payable to him for @51 64, due on the 4th of February, 1837. On 4he 14th of March, 1837, King indorsed on the note the following words: “ I relinquish all the within note that is over fifty dollars, E. King,” and on the same day sued out a warrant before a justice of the peace of Shelby county, against Dougherty, returnable on the 34th of March, to recover on the note.

This was an action of trespass to try titles, brought in 1822, by John Read, in Madison Circuit Court, against Henry Avent, to recover possession of a quarter section of land, and damages for the detention of it. The cause was tried'at the October term, 1827, of the Court, on the plea of not guilty.

This was a writ of error from Pickens Circuit Court, sued by Hefflin to reverse a judgment rendered in that Court against him by McMinn. The action was debt, to recover on a promissory note. In the record there appeared a writ and declaration, and at the regular trial term, on the first of October, 1828, a judgment by default for @88 60, the amount of the note, and @10 50 damages. The writ of error was sued out to reverse this judgment, on the 16th of October, 1828.

This was an action of trespass on the case commenced by A. M. B. Thompson, in Dallas Circuit Court, against James Saffold -and Reuben Saffold, as survivors of P. Harrison, J. Cox, L. Wood, J. Phillips, and D. Files, deceased, who composed the “Portland Town Company,” to recover damages of them, for failing to make title to a lot.

J. Dunham, on a complaint for a forcible entry and unlawful detainer, recovered judgment before a justice ofthe peace of Wilcox county, against A. Carter and A. Carroll. The defendants, by certiorari, carried the cause into the County Court. In the County Court, Dunham moved to dismiss the suit, and strike the case from the docket, for want of jurisdiction in the Court.

This was an action of assumpsit tried' in Madison Cir¿uit Court, in which Matthias Munn was plaintiff, and Benjamin S. Pope, was defendant. The action was brought to recover the price of a cotton gin sold and delivered, &c. the pleas.were non-assumpsit, payment and set off . On the trial, the plaintiff, under the common counts, proved the delivery of a forty-seven saw cotton gin to the defendant, and that the usual price of gins was four dollars per saw.

Robert Weakley brought an action of assumpsit against Brahan and Atwood as co-partners, in Madison Circuit Court, to recover the amount of two judgments against them in the State of Tennessee, which he alleged he paid at their request, amounting to $2,144 SO. The declaration was on an indebitatus assumpsit for money paid, laid out and expended, money lent and advanced, &c. The defendant, Atwood, pleaded the general issue. Brahan did not appear.

Writ of error from Marengo County Court. S. J. Elliott recovered judgment before a justice oi the peace ef Marengo county, against J. McGrew, for Si 9 60, besides eosts. McGrew, on his petition to the Judge of the ty Court, obtained a certiorari to remove the proceedings into that Court, and Adams became his security in the eertiorari bond.

f> This was an action of assumpsit, determined in Greene Circuit Court. The suit was brought on a nota» which was transcribed in the recorcTni thesewords: “ I promise] to pay James Childress, or order, the sum of fifteen hundred dollars, as soon as possession can be given of the plantation that Francis Megee is-now living on, known by the name of the French grant,1 marked E. E. for Value received, this 26th day of December, 1822. ABRAHAM McGEHEE. Test, Thos. C. Farish.

This was an action of debt, brought by William Sugg, in Franklin Circuit Court, in 1828, against R. Burgess, B. Burgess and J. Davis, to recover on nine delivery or forthcoming bonds, each in the penalty of one hundred and ten dollars, made on the 20th of March, 1827, by the persons above named, and payable to the plaintiff.

In the Circuit of Wilcox county, in October, 1824, John W. Williamson, who sued for the use of Theophilus Nicholson, brought an action of assumpsit against Joseph Gee, to recover on an instrument, which whs as follows: “ Portland, March 14, 1821.

This was a proceeding in Chancery, determined in Madison Circuit Court, and brought by writ of error to this -Court by William McBroom, the complainant below. jn October, 1827, McBroom filed his bill against Alexander Sommerville, James Black, David Ireland, and also against James J. Thornton,'John McKinley, Oliver S. Hal-stead, and Arthur F. Hopkins, their attorneys.

This cause came by appeal from the Circuit of Madison, sitting in Chancery. The bill was filed in 1823, by Isaac Sadler, Ethelwin Sadler, and Silenu3 O. Sadler, against Paulina Robinson, widow of Littleberry Robinson, deceased, and John Dickinson, and Frances, his wife, Rodah Horton, and Christiana, his wife, James Robinson, William Robinson, heirs and distributees of said Littleberry, and William Patton, his administrator.