Volume 36 — Alabama Reports

Tried before the Hon. 8. D. Hale. This action was brought by Geo. W. Carpenter k Co., a mercantile firm in Philadelphia, against S. C. Williams and John Smart, and was founded on the defendants’ promissory note for $530 76,-dated.the 1st August, 1854, and payable on the 19th April, 1855, with interest from the 19th October, 1854. No pleas appear in the record.

Tried before the Hon. C. W. Napier. This action was brought by Alfred Tool and Charles Nicholson, merchants and partners in trade, doing business. under the firm name of Tool & Nicholson, against Clement L. Watson, to recover damages for the defendant’s tortious act, as sheriff, in levying an attachment against .William Nicholson, on a stock of goods which the plaintiffs claimed, but 'which had formerly belonged to W. & C. Nicholson, a mercantile firm • composed of said…

■Appeal from the Circuit Court of Sumter. Tried before the Hon. Porter King. ■This action was brought by the appellants, wbo the children of James 0. and Prudence Williams, were both deceased, against Christopher S. McConieo, to recover certain slaves, -which the plaintiffs claimed under a deed of gift from their maternal grandfather, William Thompson, and of which the defendant held possession as the administrator of said James O. Williams.

Tried before the Hon. John Gill Shorter. This action was brought by James G. L. Huey, against Silas Newsom, and was commenced on the 23d February, 1858.

Tried before the lion. C. “VV. Napier. This action was brought by Thomas C. McDowell, against Robert A. McTyer, to recover a tract of land containing two hundred and forty acres, which is described in the complaint as “the south-west quarter, and the west half of the north-west quarter, of section thirty-two (32), in township ten (10), range twenty-nine (29), in the district of lands subject to sale at Montgomery.” The evidence adduced on the trial, and the rulings of the…

Heard before the Hon. Joiin Foster. Tiie original bill in this case was filed by Grandin F. Godley, on the 23d October, 1841,, against Mrs. Sarah Sanders, James T. Kimble, and Nathaniel Terry as administrator de bonis non of John B. Fox, deceased; and sought to subject certain slaves in the hands of Mrs. Sanders andKimble, to whom, they were specifically bequeathed by said Fox, to the satisfaction -of a judgment which the complainant, in the name of Horner, Blocker & Co. for…

Tried before tire Hon. Nat. Cook. This actiou was brought by W. F. McKee, against the appellants, late partners doing business under the firm name of Fail k Miles; was commenced on the 18th March, 1857, and was founded on the defendants’ breach of a written contract between them and the plaintiff) in the following words: CfAgreement between W. F. McRee and Jeremiah Fail and E. J. Miles: Said McRee agrees to let said Fail & Miles have the saw-pine — all the pine suitable to…

Tried before tbe Hon. Nat. Cook. The complaint in this case was as follows: “John C. Elliott'i The plaintiff claims of the defendant vs. Vfive hundred dollars, as damages for James A. Pike.) trespasses by defendant to .the close ■situated on the following lands, to-wit — the south-east quarter of section twenty-five, township seventeen, range fourteen — which said close was in the possession of the plaintiff; and for pulling down the fence around said close, treading down…

Tried before the Hon. Robert Dougherty. This action was brought by Mrs. Malila Duren, against G-allatin Fuller, and was commenced in a justice’s court.

Tried before the Hon. Nat. Cook. This action was brought by Lewis Cunningham, against Christopher Kelly, to recover damages for a breach of warranty of the soundness of a slave, named George, who was sold by defendant to plaintiff in January, 1854.

Tried before the Hon. Jno. Gill Shorter. This action was brought by Wesley Bishop, against William Blair, and was commenced in a justice’s court.

Heard before the Hon. John Foster. The bill in this case was filed by William M. Striplin, Samuel A. Striplin, and Georgiana Striplin, infants suing by their next friend, against their mother, Mrs. Secluda A. Ware, and her present husband, William J. Ware; and sought to have Mrs. Ware removed from the guardianship of the persons and estates of the complainants, and deprived of their custody and control.

Tried before the lion. Jno. Gill Shorter. This was a summary proceeding, by notice and motion, by James Varnum, against Holman F. Simmons; and was commenced in October, 1856.

In this case, Mrs. Cassy Ann Hicks filed her petition in the office of'the probate judge of said, county, on the 9th August, 1859, alleging that her daughter, Patience L-Hicks, and her grand-daugliter, Cassy Ann S. Hicks, the daughlor of said Patience L. Ilic'ks, (both being infants under the age of twenty-one years,') were illegally -restrained of their liberty, and held as slaves, by John Guilford; and praying that the writ of habeas corpus might issue, to inquire into the…

Heard before the Hon. James B. Clark. The bill in this case was filed by Edwin H. Kinnebrew, on the 14th July, 1857, against Mrs. Dorothea C. Sledge, her husband, Edmund A. Sledge, and her trustees,… Held: as a separate estate of the said Dorothea C. Sledge and the heirs of her body, by and through her trustee aforesaid, for her sole use and benefit, and for her separate support and maintenance, and that of the heirs of her body.

<p>[bill IN ECJDIT5T BV ADMINISTRATOR FOB SETTLEMENT OF INSOLVENT ESTATE.]</p> <p>1. Jurisdiction of equity over settlemeni of decedents’ estates.- — In this State, the chancery court retains its original jurisdiction over the administration of decedents’ estates, and may be appealed to by a proper party, before the concurrent jurisdiction of the probate court has attached, without the assignment of any special reason; but, to authorize an executor or administrator to seek its aid and instruction, he must show some special circumstances, requiring or justifying its interposition.</p> <p>2. Pay merit of debts by administrator of insolvent estate. — In paying debts, not of a preferred class, before the expiration of eighteen months from the grant of administration, an administrator acts at his peril: if the estate afterwards proves to be insolvent, ho cannot charge it with the amount so paid by him, though he may be substituted for the creditors so paid, and receive the- distributive share of the assets to which they would have been entitled; and this relief he may obtain in the probate court, without resorting to chancery.</p> <p>3. Payment of debt by administrator, as surety of intestate ; subrogation of surety to vendor’s lien. — If the administrator of an insolvent estate pays in full, with his own individual funds, a note given for the purchase-money of land on which he was bound as his intestate’s surety, he thereby becomes a creditor of the estate, and may obtain bis pro-rata share of the assets on settlement of the estate before the probate court; but ho cannot claim to be subrogated, in equity, to the vendor’s lien on the land.</p> <p>4. Purchase by mortgagee at his own sale. — A purchaser of land, having executed to his vendor a mortgage to secure the payment of the purchase-money, and having afterwards resold the land to a third person, who agreed that lie would discharge the unpaid balance duo to the vendor, and that the land should remain bound by the mortgage, is not within the rule which forbids a mortgagee to purchase at his own sale, and may become the purchaser at the sale under the mortgage.</p> <p>5. Contest between administrator and bailee. — If the administrator of an insolvent estate ships cotton belonging to the estate to a commission-merchant, who retains the proceeds of sale, under an alleged contract with the intestate in his life-time, in payment of balance duo on account for advances, &c., the probate court is fully competent to grant to the administrator all the relief to which lie may be entitled.</p> <p>6. Satisfaction of mortgage by administrator. — The administrator of an insolvent estate has authority to discharge an incumbrance on property belonging to it, whenever the interests of the estate would be thereby promoted; but, after selling, under an order of the probate court, lands which were incumbered by a mortgage executed by the intestate in bis life-time, he cannot pay tlio mortgage debt in full out of the proceeds of sale, and charge the estate with the payment.</p> <p>7. Parties to injunction suit— It is improperio make the probate judge a defendant to a bill in chancery which seeks to enjoin the settlement of an estate pending in his court.</p>

Tried before the Hon. Vm. S. Mudd. This action was brought by John T. Cureton, against Elizabeth W. Clement, to recover damages for a breach of warranty of the soundness of a slave, a negro man named Burrell.

Tried before the Hon. Jno. .Gill Shorter. At the September term, 1858, of the circuit court of Chambers, the appellant made a motion for a summaLy judgment against William H. Hunter, the sheriff of said county, and the sureties on his official bond, for the failure of said sheriff to.make the money on an execution, which was thus described in the motion'; “A writ of fieri facias, issued from the office of the-clerk oí the circuit court of Chambers county, on the 14th day of…

Heard before the Hon. James B. Clark. The bill in this case was filed by the appellants, as heirs-at-law and distributees of John Park, deceased, against Mrs. Sarah Park, the widow and administratrix, John A. Park, the administrator of said decedent, Allen L. Bailey and Jacob A. Elournoy, the sureties of said - administrator and administratix on their administration bond, Henry L. Wilkinson, and Warren Costley; and sought a final settlement and distribution of the estate of…

Tried before the Hon. Nat. Cook. This action was brought by Mrs. Mary D. Lamkin, against John Dudley, “to recover the following tract of land: the west half of the north-west quarter of section 29, the south-west quarter of section 20, the southeast quarter of sectio'n 19, the north-east quarter of section 29, and the • south-east quarter of section 20; all in township 15, range 14, in the county of Lowndes.” The plaintiff having married one Francis It.

Tried before the Hon. Wm. S. Mudd. This action was brought by Robert Y. Asten, against Elizabeth. R. Powell, and was founded on the defendant’s promissory note for $425, dated the 10th September, 1857, and payable on the 25th December next after date.

Heard before the Hon. James B. Clark. The bill in this case was filed by William Miller, against David Charles, asking the dissolution and settlement of a mercantile prrtnership then existing between them, and the appointment of a receiver to take charge of the partnership business in the meantime.

Heard before the Hon. James B. Clark. The bill in this case was filed by John R. McLaughlin and Samuel G. McLaughlin, Jr., against Samuel G. McLaughlin, Charles McLaughlin, George'McLaughlin, and Samuel Whitman.

Heard before the Hon. James B. Clark. The bill in this case was filed, on the 24th March, 1855, by Theodorick Swift, against his brother, Wiley P. Swift, and alleged, that the complainant, being largely indebted, and unable to meet his liabilities without a sale of his property, applied to his brother for pecuniary assistance; that the latter responded to his application, by letter dated the 10th January, 1850, (which was made an exhibit to the bill,) “proposing to aid him…

Heard before the Hon. James B. Clark. The bill in this case was filed by Thomas Starke, against Mrs. Sallie Blackwell and F. M. Blackwell, her husband; and sought to enforce payment, out of Mrs. Blackwell’s separate estate, of a promissory note which purported to have been signed by her, jointly with her former husband, Joseph Cone, and others, and which was given for the hire of slaves.

Appeal.from the Chancery Court of Choctaw.'. Held: that Mrs. Kemp took a life-estate in the property, subject to a charge for the support and education of the grand-children; and that the complainant had an adequate and complete remedy at law.

Tried before the Hon. ¥i. S. Mudd. This action was brought by J ames Camp, as the administrator with tbe will annexed of Joseph Kemp, deceased, against Wilie J. Coleman, to recover damages for tbe conversion of fifty-nine bales of cotton and twenty-five cords of wood.

Heard before the Hon. James B. Clark. The original bill in this case was filed, on the 5th November, 1857, by Mrs. Mary Jane Cain, suing by her next friend, against Dominique Gimon, J. R. Lassabe, and Alphonse ITurtel.

Heard before the Hon. James B. Clark. Tee bill in this case was filed by David Easterwood, .against Samuel D. Linton and William A. Linton, for the purpose of reforming a title-bond for lands… Held: that the complainant was entitled to no relief under his bill; but he decreed a reformation of the title-bond, under the-cross bill, at the costs of the complainant; and-this decree is now assigned as error..

The record does not show the name ot the presiding judge. This was an action of detinue, instituted by Thomas H. Nelms, as the administrator of Alfred Fuller, deceased, against Elijah W. Fuller and others.

Clair. Tried before the Hon. Wm. S. Mud». This action was brought by Mary Walker, against Terrell Gregory, to recover certain slaves, together with, “twenty head of hogs, one horse, saddle and bridle.” The only plea was the general issue, “with leave to give in evidence-any special matter which might be pleaded in bar.” The facts of the case are thus stated in the bill of exceptions: “ The plaintiff proved the value of the slaves sued for, and their hire, and that they were…

Tried before the Hon. John Gill Shorter. The record in this case shows the following facts: On the 29th May, 1857, the probate court of Jackson granted special letters bf administration on the estate of Mary Bird, deceased, to John Snodgrass, and afterwards granted letters of administi’ation in chief to C. B. Roundtree and S. P. Kirby.

Tried before the Hon. John Gill Shorter. This action was brought by Willoughby Baker, against Randolph Head, to recover the possession of the southwest quarter of the south-west quarter of section nine, in township twelve, range twenty-one. Jehu Matthews was made a defendant, as, the landlord of Head, and pleaded not guilty.

Appjsal from the Circuit Courtof Mobile. Tried before the Hon. Wi. S. Mudd. This action was brought by Charles E. Sherman, Joseph H. Russell, and Emma Russell, his wife, against Eldridge R. S. Carter, to recover a lot in the city of Mobile, which was described as a part of section forty-five, township four south, range one west, in the district of lands subject to sale at St. Stephens. Elam Phillips was made a defendant, as the landlord of Carter, and pleaded not guilty.

Heard before the Hon. Wade Keyes. The facts of this case, as stated in the bill, are these : John Raiford died, in Monroe county, Alabama, in 1814, leaving as his heirs-at-law his widow, Mrs. Lucy Raiford, and three infant children.

Heard before the Hon. Wade Keyes. The bill in this case was filed by Robertson & Pettibone, merchants and partners in trade, iu behalf of themselves and such other creditors of Mrs. Delilah Johnston as might come in and contribute to the expenses of the suit; and sought to subject to the satisfaction of their debts Mrs. Johnston’s interest in certain slaves and other personal property, which were conveyed by her father,.

Tried before the Hon. E. W. Pettus. This action was brought by Mrs. Lucy A. Harrison, widow of Reuben Harrison, deceased, against William E. Boyd, the administrator of said Reuben Harrison, “ to recover the sum of $2,000, for the rent of the plantation on which the said Reuben Harrison most usually resided next before his death, from the 29th May, 1854, when said Reuben departed this life, up to the 16th January, 1857, the day on which plaintiff’s dower in said plantation…

From the Circuit Court of Perry. Tried before the Hon. Porter King. The indictment in this case was found at the fall term, 1858, of the circuit court of Balias, and charged the' prisoner, Mose, alias Moses, a slave, with the murder of Martin Oaks, a white person.

From the Circuit Court of Marshall. Tried, before the Hon. S. D. Hale. The prisoner in this case was indicted, by tbe name of Abner Paris, at the March term, 1858, of the circuit court of Marshall, for the murder of James Hose. On his application, at the September term, 1858, tbe trial was removed to Jackson county, and the cause was there continued at two successive terms.

From the City Court of Mobile. Tried before the Hon. Alex. McKinstry.

From the Circuit Court of Bale. Tried before the Hon. S. B. Hale.

From the Circuit Court of Barbour. Tried before the Hon. John Gill Shorter. The indictment in this case was in these words: “ Tbe grand jurors for the State of Alabama, chosen and sworn to inquhe for the body of Barbour county, upon their oaths present,, that William Harrison, alias Thomas Craig, and James Wilson, alias Richard Schrimshire, in the county aforesaid, on the 20th.

Tried before the Hon. C. W. Rapier. The -record in this ease shows, that on the 16th April, 1860, Ben Lane Posey' made an application to said court for a mandamus, to be directed to Jones M. Withers, the mayor of the city of Mobile, commanding him to allow said relator to appear as an attorney and counsellor at the bar of the mayor’s court.

Ekom the Circuit Court of Dallas. Tried before the Hon. Nat. CooK. The indictment in this case charged the prisoner, in several counts, with the murder and manslaughter of one James Griffith, a white person. — Seo the report of the case in 88 Ala. 389, where the indictment is sec out in full.

Eeom the Circuit Court of Tuskaloosa. Tried before the Hon. Wm, S. Mudd.

Ekom the Circuit Court of Autauga. Tried before the Hon. PORTER KirNG.

Tried before the Hon. C. W. Rapiek. IN this case, an indictment was found against Columbus Stewart and Bryant Singleterry, at the fall term of said circuit court, 1857, charging that they “ did cut, pull down, destroy, or in some manner injure' intentionally the telegraph line running through said county, or some part or parts of said telegraph line.” The defendant Stewart was arrested under a capias, issued at the same term, and purporting to be founded on an indictment…

XuoM the Circuit Court of Choctaw. Tried before the Hon. C. W. Eapiee,.

Ekom the Circuit Court of Russell. Tried before the Hon. Robert Dougherty. The indictment in this case charged the, prisoner, Enoch Donohoo, with breaking and entering the storehouse of Messrs. Tucker & Collins, in the town of Opelika, with intent to steal.

Fbom the Circuit Court of Lowndes. Tried before the Hon. Robert Dougherty. The prisoner in this case was indicted in Montgomery county, at the January term of the circuit court, 1859, for the murder of Stewart Dillard, “by striking him with a brick-bat.” The venue was changed, on the prisoner’s application, to- Lowndes county, where he was tried at the November term, 1859, and convicted.

Erom the Circuit Court of Dale. Tried before the lion. John Gill Shorter.

From the Circuit Court of Lauderdale, Tried before the Hou. ¥m, S. Mudd.

John Gill Shorter presiding, to compel that court to strike from the trial docket a cause in which Jefferson Darby and others were plaintiffs, and the petitioner, James P. Nall, was defendant.

The bill of exceptions, on which the application is founded, with the accompanying transcript, shows that the petitioners, on the 14th May, 1860, made an application for bail, on habeas corpus, to th.& Hon. John Gill Shorter; that on this application they offered in evidence the written testimony which had been taken down on their preliminary examination, the evidence which had been adduced on a similar application for bail before the same judge, in May, 1858, “ and…

Tried before the Hon. C. W. Rapier. The appellant in this case was prosecuted, before the mayor of the city of Mobile, for an alleged violation of the municipal ordinance which requires public carriages to be lighted when on duty by night; and was fined ¡$10.

H. Cleveland, who was arrested by the sheriff of Mobile, on tbe 21st May, 1860, under a capias ad satisfaciendum issued by the clerk of the circuit court of Bussell; and who thereupon sued out a habeas corpus before Hon. O. W. Bapier, who refused to discharge him.

Tried before the Hon. Robert Dougherty. This action was brought by William E. A. McQueen, against Samuel Ivey, to recover the possession of a certain tract of land described in the complaint, together with damages for its detention ; and was commenced on the 20th August, 1857. The defendant pleaded not guilty, and the statute of limitations of ten years.

Tried before the Hon. Nat. Cook. This action was brought by the “ Most W orshipful Grand Lodge of Ancient Free-masons of Alabama, and its Masonic Jurisdiction,” against William Waddill, Jr., Abner Jones, George P. Blevins, John M. Strong, and Wesley Plattenburg; and was founded on the defendants’ promissory note, of which the following is a copy : “ Selma, March 8th, 185.1. “ $2,753 75.

Tried before the Hon. C. W. Rapier. The complaint in this case was in these words: “James Coyles The plaintiff claims of the dews. I fendants five hundred dollars dam-Jones M. Withers, f ages, for the wrongful taking and and Henry Maury.J keeping of a slave belonging to plaintiff) named Battiste, for a long space of time. Also, a like sum, for unlawfully imprisoning and keeping said slave, the property of plaintiff, knowing him to be the property of plaintiff.

In the matter of the final settlement of the .accounts of Abram Martin, as guardian of Wade H. Allen, his late ward; which was before this court, on a former appeal by the ward, at the June term,… Held: that lending money by an administrator was an extraordinary service, for which he is entitled to receive extra compensation; and the same rule must be applied here.

Heard before the Hon. James B. Clark. The bill in this ease was filed, on the 1st February, 1858, by Mrs. Jane H. Boaz, suing by her next… Held: that the defendant’s charge of infidelity on the part of the complainant was not sustained by the evidence ; hut that his voluntary abandonment of her, coupled with his false accusation against her chastity, was not sufficient, under the statute, to justify his removal from the office of trustee of her separate estate; and he…

Tried before the Hon. Alex. McKinstby. This action was brought by George W. Keahey, against Cox., Brainard & Co., to recover $800, as the complaint alleged, “for damages done to plaintiff, by collision with, and running into a raft of spars and staves, belonging to plaintiff', by the steamboat Sallie Carson, the property of defendants, in the month of December, 1857 ; such collision being produced by the negligence, want of care, and want of skill of the defendants’…

Tried before the Hon. A. A. Coleman. This was a trial of the right of property in a slave, between Alex. K. McWilliams, plaintiff in execution against Washington L. Durden, and Gilly Durden as claimant. The plaintiff’s judgment was rendered on*the 14th April, 1854; an execution, issued thereon, was levied on the slave here in controversy on the 2d August, 1854; and a claim to the slave was interposed by Mrs. Gilly Durden on the same day.

Tried before the Hon. Nat. Cook. This action was brought by the only child and heir-at-law of James A. McEwen, deceased, against Henry B. Boynton, who was the administrator of said decedent; and was commenced on the 14th October, 1858.

Tried before the Hon. Nat. Cook. This action was brought by Alexander Scoggin, against Francis M. Blackwell, to recover the sum of $850, alleged to be “ due by account on the 1st January, 1859, for work and labor done by plaintiff for defendant, at his request, as an overseer, during the year 1858and was commenced on the 6th April, 1859.

Heard before the Hon. Wade Keyes. Tub bill in this case was filed, on the 31st May, 1858, by Peachy R. Gilmer and Fleming M. Gilmer, infants suing by their next friend, against Willis R. Calloway, Mary E. Galloway, his wife, Samuel B. Marks, F. W. Jordan, and Jere.

The record does not show who was the presiding judge. The complaint in this case was as follows: “ Marion A. Brunson vs. Barbour County. him in the loss of his property occasioned by the falling in of a bridge, which had been constructed by contract with the court of county commissioners of said county, over a stream known as ‘Hodge’s mill creek,’ on the public highway in said county from Eufaula to Midway; said court of county commissioners having taken a guaranty-by bond…

Tried before the Hon. Alex. McKinstry. This action was brought by Charles B. King, against Dean Knox, to recover damages for the defendant’s failure to comply with the terms of a contract for the purchase of certain real estate in the city of Mobile, which the plaintiff had sold at auction, and which was knocked down at the sale to the defendant, at the price of $1050; and, on his failure to comply with-the terms.of the sale, was resold by the plaintiff! and brought only…

Tried, before the Hou. Nat. Cooic. This was an application by the'appellant, a corporation chartered by act of the legislature of this State, approved on the 16th January, 1844, (Session Acts-1843-4, p. 170,) for a rule nisi against the governor of the State, to show cause why a peremptory mandamus should not be issued, commanding him to draw his warrant on the comptroller or 'treasurer of the State, in favor of the petitioner, for a certain portion of the two and three per…

Heard before the Hon.. James B. Clark., The bill in ths case was filed, on the 26th November, 1858, by Mrs. Sarah Jeter, suing by her next friend, against her husband, Samuel Jeter; and sought a divorce a vinculo matrimonii, on the grounds of cruelty and adultery. The defendant filed an answer, denying the charges of cruelty and- adultery, and demurring to the bill for want of equity.

Appeal' from the Chancery Court of Mobile. Heard before the Hon. Milton J. Saffold.

Tried before the Hon. Nat. 'Cook. This action was brought by Bachel M. Jones, against Elias W. Fort and Gabriel H. Fort, to recover damages for the loss of, a slave, who was hired by the plaintiff to one Squire Lowry, for the year 1858, was loaned by said Lowry, during the term, to the defendants, to be employed in assisting to raise a gin-house on their plantation, and was accidentally killed while so employed.

Tried before the Hon. Nat. Cook. This action was brought by James jRaiford, as the administrator of Mrs. Lucy Bell, deceased, against Wm. Held: that a married woman, whose husband has abjured the State, and who has since traded as a feme sole, and taken notes in her own name, may sue and recover on them. — Roland v. Logan, 18 Ala. 310; Mead v. Hughes, 15 Ala, 148; James v. Stewart, 9 Ala. 857; Arthur & Corprew v. Broadnax, 3 Ala. 557.

Heard before the lion. Wade Keyes. This original bill in this ease was filed, on the 23d November, 1848, by the heirs-at-law of Thomas Bobe, deceased, infants suing by their next friend, against Ilenry Stickney, and the personal representative of said Thomas Bobe; and sought the specific performance of a contract, by which said Stickney, on the 26th November, 1836, sold to the said Bobe a lot in the city of Mobile.

In the matter of the last will and testament of William M. Riley, deceased, which was propounded for probate by Mrs. Arm Riley, the decedent’s widow, and which, as copied in the bill of exceptions, was in the following words: “¥m. M. Riley’s will, Sept. 11, 1859. I want T. A. Nettles to have the two black mules, Jim and Dick, .and two hundred acres of the best land that I have got. And I want Martha 0. Nettles to have the boy Lewis, and the filie Jane.

Heard before the Hon. Wade Keyes. The hill in this case was filed, on the. 29th December, 1857, by Matthew A. Marshall, against John B. Th.ompson and James II. Thompson ; and sought the reformation of a contract between the parties, which is hereinafter set out. It alleged, in substance, that on the 12th June, 1847, James Thompson conveyed by deed certain real and personal property to John B. Thompson and WiHiam II.

In the matter of Malcolm Carmichael, on tbe petition of bis brother, Daniel Carmichael, to have him declared 'ñon compos mentis. The -principal matters here assigned as error are the several rulings of the court on the trial, which are thus stated in the bill of exceptions : “ The petitioner introduced as á witness one Geo. McD.

Tried before the Hou.'S. L>. Hale. This action was brought by Samuel H. Allison, against the administrators of William Robinson, deceased, and ivas commenced on tho 30th July, 1856. The complaint contained a count on an-open account, for work and labor done by plaintiff for defendants’ intestate during the ten years between 1842 and 1852; a count on a stated account; and a count for money paid, and for work and labor done.

- Tried before the Hon. Nat. Cook. This action was brought by Mrs. Lucy A. Harrison, the widow of Reuben Harrison, deceased, against ¥m. E. Boyd, who was the administrator de bonis non of said Reuben Harrison, to recover the rents of the dwelling-house and plantation on wbicb the decedent most usually resided next before Ms death, from the 1st January, 1853, to the 1st March, 1857 ; and was commenced on the 9th July, 1858, immediately after thedecision of the former ease…

' Tried before the Hon. Nat. Cook. This action was brought by Daniel Davis, suing for the use of Mrs. Julian Davis, wife of James Davis, against Thomas J. Orme, to recover the sum of $400, alleged to have been won by the defendant from said James Davis, on the 20th August, 1857, as a wager on a horse-race; and was commenced on the 24th June, 1858.

Heard before1 the Hon. Wade Keyes. The bill in this case was filed in the name of the minister, wardens and vestrymen of St. James’ church in the' town of Livingston, a body corporate, against Henry E„ Arrington, and sought to enjoin the erection of a stable by the defendant on a lot adjoining the church.

Heard before the Hon. James B. Clark. The bill iu this case was filed by the executors of Claiborne Myers, deceased, against Joseph D. O’Bannon, for purpose of foreclosing a mortgage on a lot in the town Prattville, which purported to have been given to sethe payment of a note for $600, executed by said O’Bannon, on tbe 20th January, 1852, and payable to said Claiborne Myers, or bearer' on the 1st January, 1853. bill alleged, “ that the note has been lost or destroyed,…

Circuit Court of Jackson. Tried before the Hon. JOHN E. Moore. Tiits is the same case which was before this court at its June term, 1857, and which may be found reported in 30 Ala. 706. The second count of the amended complaint was as follows: “The plaintiff claims of the defendant a like sum of §300, for this:.

Tried before the Hon. Nat. Cook. This action was brought by David N. McClanahan.-as the administrator de bonis non of John Gray, deceased, against William Cruise; and was commenced on the 10th August, 1857. The defendant pleaded, in short by consent, the general issue, and ne ungues administrator; arid issue was joined on these pleas.

Tried before the Hon. C. ~W. Rapieb.. IN this case, it appears that, on tbe ^19th June, 1858, L. H. Meyer obtained á judgment before a justice of tbe peace, for $50, against James Richardson and James Robertson ; that ‘ on tbe 4th September, 1858, he sued put a garnishment on this judgment before tbe justice, wbicb was served on A..

He.ard before the lion. Wade Keyes. The bill in this-case was filed by Mrs. Margaret C. Bennett, the widow of Jerome Bennett, deceased, against Burgess Bennett, the administrator of said Jerome Bennett ; and alleged the following facts: That the complainant and said Jerome Bennett were married in Wilcox county, Alabama, in June, 1850; that the complainant that time owned á large amount of personal property, which was in the hands of her guardian, and certain real estate in…

Tried before the Hon. Alex. McKinstry. This action wa.s brought by Thomas E. Pollard, against Augustus Brooks, to recover the sum of $800, paid by plaintiff to defendant, on the 12th October, 1857, as the price of a slave.

Tried before the Hou. Nat. Cooe. The parties to this ease, P. R. McCrary and L. C, Harrison, having a controversy respecting the settlement of a mercantile partnership which had existed between them, entered into a written agreement, under seal, dated the 23d September, 1857,. to submit the matters in dispute to the arbitrament of R. A. Baker, B. J. Harrison, and R. H. Crosswell; the award to be entered up as the judgment of the circuit court, under the provisions of the…

Tried before the Hon. Alex. McKinstry. This action was brought by the appellant, and was commenced in a justice’s court. The cause of action endorsed on the justice’s summons was, “Unlawful entry and detainer;” while the complaint was for a forcible entry and detainer.

Heard, before tbe Hon. Jakes B. ClaRK. The bill in this case was filed, on the 12th June, 1858, by-Benjamin C. ’Willingham and wife, against Josiah J. Harreó, and wife, for the purpose of setting aside an award.

Tried before tlie Eton. O. W. Kapier. This action was brought by Dominique Gimon, against Isaac S. Davis, to recover a city lot in Mobile, which was particularly described in the complaint. The only plea was, not guilty.

<p>[bill in equity job partition op SLA yes.]</p> <p>1. Gift to “children” held not to include, grand-children. — TJnd&r a deed of gift,- by which slaves are conveyed to a trustee, in trust for the sole and separate use of the grantor’s married daughter during coverture, and, “upon the dissolution of said marriage,” to be conveyed by the trustee “to the present and future children, the offspring of said marriage, that may be living at the time-of the happening of said dissolution of marriage,” — grand-children, whose parent was living at the time the deed was executed, but died before the dissolution of the said marriage, take no interest.</p>

Tried before the Hon. John E. Moore. This action was brought by Frederic L. Beeton, against Mrs. Rebecca Ledlow, to recover the amount of an open-account for goods, wares and merchandise, sold and delivered during the year 1857. The defendant pleaded the general issue, payment, set-off, and the statute of frauds; and issue was joined on all these pleas.

Tried before the Hon. C. W. Rapier. This action was brought by Jack R. Wilson, against James Odom, as the administrator of Robert Lenoir, deceased, to recover damages for the tortious act of the defendant’s intestate, in procuring an execution, which was issued on a judgment in iayor of Lewis P. Lenoir, against one John R. Wilson, to be levied on certain spars belonging to the plaintiff.

Tried before the Hon. Nat. Cook. This action was brought by Whitman & Ousley, as partners, against Lorenzo Dow; was founded on the defendant’s promissory note for $100, dated the 13th September, 1856, jiayable on the 15th October next after date, to the order of J. T. Norman, and transferred by said Norman to plaintiffs; and was commenced by original attachment, sued out before a justice of the peace, on the 30th March, 1858.

The appellants in this case were the sureties of Solomon Spence, on his official bond as sheriff of Talladega couuty, dated the 7th February, 1842. On the 17th March, 1842, letters of administration de bonis non on the estate of John 0. Calhoun, deceased, were granted to said Spence, by virtue of his office of sheriff.

Tried before the TIou. S. D. Hale. The complaint in this case was as follows: “The County of Jackson v The plaintiff claims of the vs. • Vdefendant three hundred and The County of Marshall, j fifty-eight dollars, due to plaintiff by the judgment of the commissioners’ court of Marshall county, rendered at .the August term, 1842, whereby a claim in favor of plaintiff, and against defendant, for said sum of three hundred and fifty-eight dollars, was allowed, and ordered to be…

In the matter of John Carmichael, on tbe petition of Daniel Carmichael, bis brother, to have him declared non compos mentis. “On the trial before tbe jury,” as the bill of exceptions states, “the petitioner introduced a witness who testified, that he had known the defendant for fourteen or fifteen years, and had known him well for five or six years last past; that he had not seen him for five or six years prior to 1852, the defendant having been absent from the State; that…

Tried before the Hon. John Gill Shorter.- This action was brought by Erancis M. Lawrence, against Seaborn,- Jones and others;- and was founded on an attachment bond, dated the 16th March, 1854, the condition of which was as follows: “The condition of the above obligation is such, that whereas the said'Seaborn Jones Ras, on the day of the date hereof, prayed an attachment at the suit of himself, by his agent, John A. Jones, against the estate of the said Lawrepoe, for the sum…

Tried before the Hon. C. W. Rapier. The appellees ia this case were summoned by process of garnishment,' on the 6th March, 1860, as the debtors of Charles Mareehal, against whom the appellants had obtained a judgment, in the circuit court of said county, on the 21st April, 1859.

The bill in this eass-was filed by John B. ’ Turner and others, as distributees of the estate of Cynthia Payne, deceased, (formerly Cynthia Turner,) against Isaac W. Payne, who was the husband and administrator of said Cynthia; and sought to set aside the sale of a slave by the defendant, as such administrator, under air order of the probate court, at which he himself became the purchaser.

A_ppeai, from the Chancery Court of Sumter. Heard before the IIon. Wade Keyes.

In the matter of the estate of Britton Mims, deceased, on the suggestion of Willis St-urdevant and wife that the executor, Stanford Mims, had not made a full inventory of the property belonging to the estate, bat had failed to charge himself with a slave' named John, whom the executor claimed as his own property.

Heard before the Hon. James B. Clark. The bill in this case was Sled by the appellants, as judgment creditors of Thomas Miller, against said Thomas Miller and one James H. Bearing; and sought relief against a deed of trust, executed by said Miller on the 21st September, ■ 1854, by which he conveyed his entire stock of merchandise, his store-house, and residence in the city of Tuskaloosa, to said Dealing as trustee, for the benefit of certain specified creditors, whose debts…

Tried before the Hon. Portee. Kino. This action was brought by James Overstreet, against X. B. Parker and M. C. Nunn, who were the executors of William Nunn, deceased, to recover damages for the conversion, of a promissory note for $1300, executed by one E. G-. Wagner, dated the 25th November, 1857, and payable to the plaintiff, or bearer, on the 1st February, 1859; and was commenced on the 23d April, 1859.

Tried before the Hon. Robert Dougherty. The appellants in this case sued out an attachment against the estate of Lorenzo Dow on the 22d December, 1857, and summoned Thomas C. Bragg, by process of garnishment, as the debtor of said Dow.

Appjsal from the Probate Court of Shelby. In the matter of the final settlement of the accounts and vouchers of John B. Wilson, as guardian of Martha J. Wilson, his ward! Martha J. Wilson was the sole distributee of the estate of II. II. Wilson, her deceased father, who died, intestate, in 1841.

Tried before the Hon. Porter King. This action was brought by James Overstreet, against L.,B. Parker and M. C. Nunn, who were the executors of William Nunn, to recover money collected by them, as s.uch executors, from one Wagner, on a promissory note which the plaintiff had transferred ,and delivered to said Nunn as collateral security.

In the matter of the last will and testament of Ann Thomas, deceased, which was propounded for probate by James H. Welsh and Sarah Aim Elizabeth, his wife, (formerly Sarah Ann Elizabeth Hamilton,) and was contested by Alfred Pounders and Mildred M., his wife.

Tried before the Hon. C. W. Rapier. This action was brought by Frederick Scruggs, against Gaston Dillard, to recover the sum of $300, alleged to be “due from defendant to plaintiff, by account, for services rendered by plaintiff to defendant, and at bis request, in and about the sale of certain slaves.” The defendant pleaded, in short by consent, the general issue, set-offj and payment. “On the trial,” as the bill of exceptions states, “the plaintiff introduced one Magee as…

In the matter of the petition of Washington P. Cockrell, an infant, suing by his next friend, for a revocation of the letters of guardianship formerly issued to Sterling R. Cockrell. The petition alleged, that the said Sterling R. Cockrell had removed to Tennessee since the grant of his letters, and was a resident of that State, and that the petitioner was over fourteen years of age; and he after-wards nominated 0. 0. Nelson as the guardian of his choice.

Tried before the lion. John E. Moore. This action was brought by Horace Ware, against Henry J. Sawyer, to recover damages for the defendant’s tortious seizure and sale, under execution against Clabough k Pool, of nine or ten tons of pig-iron, which the defendant, as sheriff, had seized and sold as the property of said Clabough, and which the plaintiff claimed under a contract of purchase from said Clabough.

Tried before the lion. C. W. Rapier. This action was brought by Jesse Carter, against R. M. Duncan and A. Brooks, and was commenced in a justice’s court. The justice rendered judgment for the plaintiff, for $11 80; and the defendants removed the case, by appeal, to the circuit court. The plaintiff there filed a complaint, claiming $25 for rent due him by the defendants, under a lease dated the 30th October, 1858.

Tried before the Hon. Robert Dougherty. This action was brought by James A. Hays, against Jesse Fitzpatrick, and was founded on an open account for medical services rendered by plaintiff for… Held: that the defendant’s affidavit was not sufficient to exclude the proposed testimony of the plaintiff; and allowed the latter to testify; to which rulings the defendant excepted.

Tried before the Hon. Robert Dougherty. This action was brought by James R. Eason, as the transferree of White & Bradford, against Robert Douglass; and was founded on the defendant’s promissory note, of which the following is a copy: “ §100.

In the matter of the estate of Edward Broughton, deceased, on final settlement of the accounts and vouchers of Lawrence B. Bradley, as administrator, at the instance of R. M. Williamson, as administrator de bonis non.

Tried before the lion. Vm. S. Mudd. This action was brought by John A. Praytor, against the executors of Richardson Frazier, deceased, to recover the amount of a decree of the probate court of said county, rendered on the 19th March, 1850, which was in the following words: “This day came Richardson Frazier, guardian of John A. Praytor, and made a final settlement of his accounts as such guardian, which is ordered to be recorded.

Heard before the Hon. James B. Clark. The bill in this case was filed by Furney Camack, against George Cook, Andrew B. Griffin, and John W. Hale; and sought to enforce a vendor’s lien for the unpaid… Held: that the assignment under which Griffin claimed the judgmeut, and which is copied in the

Tried before the Hon. Robert Dougherty. This action was brought by F. H. Wagner, against John B. Rudulph, to recover the sum of $210, alleged to be “due from the defendant to the plaintiff' for four hundred and twenty bushels of corn, which plaintiff sold and delivered to defendant, at fifty cents per bushel, in the month of December, 1856, together with interest thereon from the 1st January, 1857.” “When the cause was called for trial,” as the bill of exceptions states,…

Tried before the TIon. Nat. Cook. This action was brought by the appellees, as the assignees of Leach & Donoho, and was founded on a written instrument, of which the following is a copy: “Certificate No. 204. Engineer’s Office, Ala. & Miss. Rivers R. R. Co., 1 Selma, May 18th, 1855. J $1108 21.

Tried before the lion. Nat. Cook. This action was brought by John W. McCoy, against J. P. Benson & Co., to recover damages for the wrongful and malicious suing out of an attachment. “On the trial,” as the bill of exceptions stales, “the plaintiff offered evidence to show, that an attachment was wrongfully sued out against his property by the defendants, and that he had thereby sustained some actual damages; while the defendants offered evidence tending to show, that they had…

Hoard before the Hon. Wade Keyes. The bill in this case was filed, on the 28th February, 1854, by James K. Whitman, against Thomas C. Hart-well, and alleged these facts: That on the 28th March, 1850, said Whitman and Hartwell, as sureties of one W. F. Read, executed a promissory note for $640, jointly with their principal, payable on the 1st January, 1851, to one Thomas M. Williams; that suit was afterwards brought on this note, against all the makers, and judgment was…

Tried before the Hon. John Gill Shorter. The complaint in this case was in these words: “Elizabeth Wilson ^ The plaintiff claims of the devs.

Heard before the Hon. James B. Clark. The bill in this ease was filed by the appellant, for the purpose of correcting alleged errors of law and of fact in the final settlement of the accounts of his late guardian, Gideon B. Frierson, before the probate court. It alleged, that the said guardian had removed from the State since the settlement was made; and Robert P. Frierson, as the sole surviving surety on the guardian’s bond,' was the only defendant.

Appeal .from the Circuit C'ourt of Balias. Tried before the Hon. Nat. Cook. This action was brought by Miss Mary E. Howard, against Allen W. Coleman, to recover damages for the loss of a slave, named George, who was hired by plaintiff to defendant, for and during the year 1857, and who died of small-pox while in the defendant’s possession during the term.

Tried before tbe Hon. A. A. Coleman. This action was brought by Caroline N. Goree, an infant suing by her next friend, against Leonidas N. Walthall, to recover the possession of a certain tract of land, which was particularly described in the complaint.