Volume 39 — Alabama Reports

Tried before tbe Hon. O. W. Bapieb. This action was brought by tbe heirs-at-iaw of Samuel Mims, deceased, against Benjamin Higgins, Stephen.

Heard before the Hon. John Foster. The bill in this case was filed, on tbe 21st January, 1857, by Frances B. Rowan, an infant, suing by her next friend, against her father, Alfred A. Rowan, and William Eebols ; and on the marriage of the complainant pending the suit, her husband, Thomas Jordan, was made a party complainant with her.

Tried before tbe Hon. PosteR King. This action was brought by Hugh G. Barclay and Margaret A. Barclay, his wife, against Joseph H. Bradford; was founded on the defendant’s promissory note for $326 68, dated August 18, 1842, and payable to the plaintiffs, as the administrator and administratrix of the estate of George P. Brown, deceased; and was commenced on the 7th September, 1852.

Tried before tbe Hon. Nat. Cooe. This action was brought by James A. Farley, against Neill Smith, to recover a tract of land containing three hundred and twenty acres, which was described in the complaint as the “north half of section eighteen, township nineteen, range nineteen, east, in the Tallapoosa land-district”; and was commenced on the 18th April, 1859.

Tried, before the Hon. Wu. S. Mudd. This action was brought by John McClelland, against Washington Moody, and was commenced on the 1st September, 1860. The complaint contained, originally, four counts,‘the third of which was in the following words: “3.

Tried before the Hon. A. A. Coleman. This action was brought by Hiram F, Saltmarsh, William T. Minter, and Ashley Parker, against Charles Crom-melin, (and afterwards revived against his administrator,) to recover the possession of, as well as to try titles to a tract of land, containing about forty acres, which constituted a part of the south-east quarter of fractional section twenty-four (24), in township eighteen (18), range eighteen (18), in the district of lands subject…

Heard before the Hon. James B. Clark. On the 26th February, 1857, Benjamin F. Dumas, being-in failing circumstances, sold and conveyed to John Horn, who was his father-in-law, several parcels of land in Shelby county, containing in all more than twelve hundred acres; and, at or about the same time, also sold to said Horn all of his personal property, except that which was exempt from levy and sale under legal process.

Heard before the Hon. M. J. Saffold. The bill in this case was filed, on the 28th March, 1855, by William G. Phillips, as the administrator of the estate of William Phillips, deceased, against Tabitha Phillips, who was the daughter of said decedent, and William Phillips, jr., and Greenberry Phillips, who were the illegitimate children of said Tabitha ; and sought to cancel and set aside, on the grounds of. fraud, undue influence, and mental incapacity, three deeds of gift,…

Tried before the Hon. Alex. MoKcnstry. This action was brought by Major Cook, against Thomas M. Buffington, to recover a portion of the money paid by the plaintiff on a joint execution against himself and the defendant, in favor of one E. P. Chappell; and was commenced, by original attachment, on the 3d April, 1857.

Tried before tbe Hon. John K. HeNby. This action was brought by Karl Kabn, against Aaron Kabn and-Boltz, as late partners composing tbe firm of Boltz & Kabn, to recover compensation for services rendered by plaintiff in selling goods as clerk and peddler for defendants ; and was commenced on tbe 25th April, 1859. Tbe record does not show wbat pleas were filed.

The record does not show the name of the presiding judge. This action was brought in the name of the corporate authorities of the town of Greenville, against Benjamin J. West; and was founded on a promissory note for $250, executed by B. J. West & Co., (of which firm the defendant was a member,) dated August 8,1859, and payable on the 1st October next after date.

Heard before tbe Hon. John Foster. The bill in this case was filed on tbe 6tb September, 1854, by Lewis Allison, Joseph Allison, and… Held: 1st, that the credit for a payment to Agnes Cunningham was excessive, and should be reduced to $143; 2d, that the credit for a payment to Thomas Lynch should be disallowed entirely; and, 3d, that the administrator was only chargeable with that portion of the Jones debt which was actually collected by him ; and the account was ordered…

Feom tbe Circuit Court of Mobile, on change of venue from Baldwin. Tried before the Hon. C. W. Rapier. Held: and tbe grand jury organised, “ on tbe second Monday after tbe fourth Monday in November, 1858,” while tbe indictment itself, as set out in said transcript, purported to have been returned into court on the 9th day of November, 1858.

Tried before tbe Hon. Eobeet Dougherty. This action was brought by John E. Lawson, against Henry H. Hicks, and was commenced on tbe 4th March* 1858. The trespass complained of was alleged to have been committed by the defendant, by entering on the plaintiff’s premises, on the night of 28th August, 1854, in company with several other persons, and shooting at the plaintiff through the windows of his house. The record does not show what pleas were filed.

Tried before tbe Hon. Poetes King. This action was brought by Hugb Jones, against Michael K. Broadhead and William Dunlap; was founded on a promissory note for two hundred and twenty dollars, executed by the defendants jointly, dated the 23d April, 1854, and payable the 1st January, 1855, to D. E. Davis, or bearer; and was commenced on the 24th August, 1857. The defendant Dunlap died pending the suit, and the action was abated as to him.

Tried before tbe Hon. John T. Heflin. The. bill of exceptions in tbis case shows tbe following facts: At tbe spring term, 1860, of said circuit court, an indictment was found against Abner Nixon and Caroline Tolison, charging that they “lived together in a state of adultery or fornication.” Tbe defendant Tolison having been arrested, tbe sheriff took from her a recognizance, which was dated tbe 4th September, 1861; was signed by Lucinda Katharine Tolison, B. C. Harris, and…

The petitioner in this case, Allen G. McCants, applied to the probate judge of Montgomery county for the writ of habeas corpus, by which he sought to obtain his discharge from the custody of Col. John H. Oogbourn, commanding the 24th regiment of the militia of this State.

Tried before tbe Hon. John K. Henry. This action was brought by K>. M. Key, against W. W. English; was founded on tbe defendant’s promissory note for $300, dated tbe 17th April, 1858, payable on tbe 1st January, 1859, to B. H. Jones or bearer, and assigned by said Jones to tbe plaintiff; and was commenced on tbe 21st June, 1860. Tbe defendant pleaded tbe general issue, and failure of consideration; and issue was joined on those pleas.

<p>[BILL IN EQUITY BY MORTGAGOR TO ENJOIN SALE UNDER MORTGAGE.]</p> <p>1. Offer to do equity. — A mortgagor, who seeks to enjoin a sale of the property tinder the mortgage, on the ground that the mortgagee is proceeding to sell, contrary to law, withouthaving the actual possession; while he admits the validity of the mortgage, and shows hy his hill that the mortgage debt is past dtte, and that he retains the possession of the property, — must offer to do equity, either by tendering the amount due on the- debt, or by offering to deliver possession.</p>

Tried before tbe Hon. PoRTER King. This action was brought by tbe administrator of Samuel Eevels, deceased, against Samuel Whitman, to recover a negro woman, named Emma, and her two children, together with damages for their detention; and was commenced on the 12th March, 1858.

Heard before the Hon. N. W. Cocee. The appellants in this case filed their bill, on the 9th April, 1858, against W. C. Moore and wife, seeking to subject to the payment of a promissory note, executed to them by said Moore and wife, Mrs. Moore’s separate estate in certain slaves, whose names, ages, “Tbe State of Alabama, ) Whereas, Cowles & Led-Montgomery County. ) yard, W. C. Bibb, and Lewis Owen, eaob obtained a decree in tbe chancery court at Montgomery, against tbe…

Tried before the Hon. JOHN C-ILL SHORTER. Tux appellant in this case made a motion, at the April term, 1861, of the circuit court of said county, to s~t aside a sale of certain lands.

Heard before tbe Hon. N. W. Cocke. - The original bill in this case was filed, on tbe 2d April, 1860, by Mrs. Sarab Greer, suing by ber next friend, against Erastus S. Perryman, Martin Greer, (wbo was ber husband.,) and James Greer; and sought to enjoin the sale of certain slaves, which belonged to the complainant, under a mortgage executed by her and her husband to Perryman, and to have the mortgage declared null and void.

Heard before the Hon. N. W. Cooke. The bill in this case was filed, on the 11th February, 1861, by John Reel, against Frances Ann Kelso, Amelia… Held: — whether under the statute, or under a deed or will. The chancellor sustained a demurrer to the bill, so far as it sought relief on account of moneys expended during the coverture; and, on final hearing,, on pleadings and proof, dismissed the bill, but without prejudice; and both of these decrees are now assigned as error.

Heard before- tbe Hon. M. J. Sappold. The bill in this case was filed, on tbe 4th May, 1859, by Garrett Longmire, against P. M. Dennis, as tbe administrator cle bonis non of tbe estate of Beatrice C. Johnson, deceased, John G. Sims, and William M. Longmire; and sought to enjoin tbe collection of a decree rendered by tbe probate court of Monroe, in April, 1859, against tbe complainant, as one of tbe executors of tbe last will and testament of bis deceased father, Garrett…

Heard before the Hon. Jajhes B. Clabk. The bill in this case was filed, on the 1st August, 18fi0, by Elias S. Travis, against Robert P. Frierson.

Heard before the Hon. M. J. Saeeold. The bill in this case was filed, on the 23d March, 1859, by John A. McNeill, against Pressley Norswortby. Its principal object was, to have a deed for certain lands, which was absolute on its face, established as a mortgageand it also prayed a redemption of the lands under the mortgage when established, an injunction of an action at law instituted for their recovery, an account, and general relief.

In tbe matter of tbe probate of tbe last will and testament of Mrs. Ann Jack, deceased, wbicb was propounded for probate by Mrs. Frances A. Sims, and contested by Theodore J. Leslie. Tbe proponent, wbo was tbe principal and residuary legatee under tbe will, was a niece of tbe testatrix, and tbe contestant was a nepbew. Tbe probate was contested on tbe grounds of fraud, undue influence, and insufficiency of execution. Tbe testatrix was a widow, and died without children.

Tried before tbe Hon. Alex. MoKinstby. This action was brought byj3. S. Goddard, an infant, wbo sued by bis mother and nest Mend, against W. G. Clark & Co., and was commenced on tbe 16th November, 1858.

Heard before the Hon. James B. Clask. The bill in this case was filed, on the 15th November, 1859, by George Whitley, against Thomas B. Pierce and Peter Campbell, ashing the dissolution of an alleged… Held: that the evidence established the existence of the partnership, and its continuance until the 1st November, 1859; but that the defendants had sufficient cause to terminate it at that time, as they did, on account of the complainant’s misconduct.

Heard before the Hon. N. W. Cocee. The bill in this case was filed, on the 1st May, 1860, by William C. Neyill, Ida EL Nevill, and Iola A. Nevill, infants, who sued by their next friend, against their mother, Mrs.' Endora Nevill, and Stephen Twelves; - and sought, principally, to hold said Twelves accountable as a trustee for the proceeds of the sale of a slave, which he had sold under a mortgage executed to him by Mrs. Nevill, and in which the complainants claimed a…

Tried before tbe Hon. Henry Chamberlain. The steamboat JAMES Battle, of which William E. James was master, having been libeled under admiralty process at the suit of John H. Gindrat and others, Moses Waring filed his petition in court on the 28th Eebruary, 1861, asserting a hen on the vessel for the sum of two hundred and seventy dollars, the price of three hundred sacks of salt furnished by him to said steamboat, at the instance of the master; within the six months then…

Heard before the Hon. M. J. Saeeold. The bill in this case was filed, on the 25th August, 1857, by M. S. Stetson & Co., against Meyer Goldsmith and others ; and sought to perpetually enjoin a judgment at law, which said Goldsmith had obtained against the complainants, or, if that could not be done, then to set off against said judgment another judgment, which the complainants had obtained against him.

Tried before the Hon. Henbi ChambeRLAIN. This action was brought by Gardner Ingalls, against Obauncey Barnes, and was commenced on the 15th May, 1860. The complaint contained five counts.

Heard before the Hon. James B. Clark. The original bill in this case was filed, on the 8th November, 1853, by Edward E. Mahone, against Wesley Williams, N. J. Scott, and E. W. Dillard.

Tried before tbe Hon. John Gill Shorter. This action was brought by Jobn A. Austin, against Bed-ford B. Brinsfield, to recover tbe sum of two hundred dollars, alleged to be due by account; and was commenced by original attachment, sued out before a justice of the peace, on the 29th July, 1860, on the ground that the defendant was a non-resident.

Feom the City Court of Mobile. Tried before the Hon. H. Chamberlain. The indictment in this case was found at the June term, 1863, of said city court, and contained two counts.

FROM tbe City Court of Mobile. Tried before tbe Hon. H. ChambeblaiN. The indictment in this case was found at tbe October term, 1863, of said city court, and contained two counts.

FROM the Oirctht Oourt of Talladega. Tried before the Hon. JoHN T. H~rn~. Tiis indictment in this case was found on the 22d May, 1863, and contained three counts, the first of which was in the following words: The grand jury for said county charge, that before the finding of this indictment, and since the 19th day of December, 1862, Gabriel 0.

APPLICATION b j Geo. W. Tate, for the writ of Jiabeas corpus, to procure his release from the custody of John W. Dubose, an enrolling officer of the Confederate States, who held him subject to the military service of the government.

In tbe matter of tbe petition of Mrs. Aritta M. Adams, for an allotment of ber dower in tbe real estate of wbieb ber deceased busband, John Adams, died seized and possessed. Tbe petition is nowhere set out in tbe record, nor does tbe record show when it was filed. The decedent’s last will and testament, which was dated tbe 18th October, 1859, was admitted to probate on tbe 18th November, 1861. The widow filed ber written dissent from tbe will on tbe 3d March, 1862.

Heard before the Hon. James B. ClaRK. The bill in this case was filed, on the 2d February, 1861, by Joseph W. Gills, Elizabeth Ann Gills, his wife, and Mrs. Sarah Whitworth, against William C. Oliver, as the administrator of Henry Clay Whitworth, deceased, and the sureties on his official bond.

Heard before the Hon. James B. Claes. The bill in this case was filed by the appellants, on the 8th November, 1880, and sought a redemption of certain lands, which had been sold under execution against Bobert P. McEwen, and purchased at the sheriff’s sale by one Christian, who afterwards conveyed them to James H. Ball; and said Ball was the sole defendant to the bill.

Heard before the Hon. N. W. Cocke. The bill (or petition) in this case was filed, on the 12th. September, 1868, by the Alabama & Florida Railroad Company of Florida, (a corporation chartered by an act of the legislature of Florida,) and was addressed to the Hon. Jno. K. Henry, the judge of the eleventh judicial circuit.

In the matter of the petition of Mrs. Mary Campbell, to have her husband, Peter Campbell, declared a lunatic. The defendant appeared by attorney, and demurred to the petition, assigning as one ground of demurrer, that his wife had no right to institute the proceedings against him. The court overruled the demurrer, and its ruling is now assigned as error, with other matters which require no particular notice.

Tried before the Hon. Nat. Cook. At tbe fall term of said circuit court, A. 13.1842, a judgment was rendered in favor of Green W. Hill, for tbe use of David B. Culberson, against Beuben Lanier, David C. Neal, and William D. Powell.

<p>[STATUTORY ACTION EOR TRESPASS BY CATTLE.]</p> <p>1. Sufficiency of complaint in description of premises. — In a statutory action to recover damages for a trespass by cattle, (Code, 55 1099-1102,) if the complaint avers that the lands trespassed on are situated in the county, no other description of them is necessary.</p> <p>2. JDamages, and interest; verdict. — In such action, interest should not be allowed on the damages assessed by the jury; and if the jury, besides assessing the damages, also allow interest thereon, the latter part of their verdict should be rejected as surplusage.</p> <p>S. Judgment corrected and affirmed. — Where the primary court improperly renders a judgment for damages and interest, as allowed by the jury, instead of rejecting the latter part of the verdict as surplusage, the error will be corrected on appeal, at the costs of the apptellant.</p>

In tbe matter of tbe petition of Mrs. Sarab Forrester, for an assignment of dower in tbe real estate of ber deceased husband, William Forrester. Tbe petitioner resided in Georgia, and filed ber petition on tbe 1st October, 1859. Tbe probate court dismissed tbe petition, for want of security for costs; but its decree was reversed by this court, on appeal, at its January term, 1860, and tbe cause was remanded. —See tbe ease reported in 35 Ala. 591.

Tried before the HoN. Wm. M. Ebooks. This action was brought by Daniel Gunter and others, heirs-at-law of Edward Gunter, deceased, against James Lamar, and was commenced on the 22d April, 1856.

In tbe matter of tbe estate of Mrs. Priscilla Blackwell, deceased, on final settlement of tbe accounts and vouchers of Abel H. Dubose, tbe administrator. Tbe administrator filed bis accounts for a final settlement on tbe 20tb September, 1860, and tbe 22d day of October following was appointed by tbe court for tbe settlement.

Heard before the Hon. James B. Clakk. The bill in this case was filed on the 6th October, 1859,' by George D. Hooper, against Bobert P. Laney; and sought the specific performance of a contract for the sale of certain lands, and an injunction of an action at law founded on an alleged breach of the contract in the non-payment of the purchase-money.

Heard, before the Hon. N. W. Cocke. The bill in this case was filed, on the 29th June, 1861, by James McAllister, against Robert S. Kirk and Elizabeth A. Kirk ; and sought to foreclose a mortgage on a parcel of land in the city of Mobile.

Tried before the Hon. Jas. F. Clements, sitting (by consent of the parties) in place of the Hon. John K. Henky, who was incompetent from .interest to preside. This action was brought by James W. B. Carson, against Alfred Holly, and was commenced on the 1st August, 1800.

The record does not show the name of the presiding judge. Tms action was brought by King Parker, against E. B. Parker and John H. McCall. Judgment by default was rendered against both of the defendants, though E. R. Parker only was served with process. The appeal is sued out by both of the defendauts, and errors are assigned by them jointly.

Heard before the Hon. N. W. Cocke. The original bill in this case was filed, on the 26th June, 1862, by Mrs. Elizabeth Bibet, suing by her next friend, and sought a divorce Bom her husband, Etienne J. Bibet, on the ground of cruelty; and on the 2d July, 1862, an original bill was filed by the husband, ashing a divorce from the wife on the ground of adultery.

Tried before the Hon. H. Chaiíbeelain. The appellee in this ease filed a libel, on the 20th June, 1861, against the steamboat P. G. Wallis, alleging that, “ at the instance of the master and his agents, within six months last past, and while the said steamboat was navigating the waters of this State, he performed services on said boat, to the amount of $88, an account of which is hereto attached; that the particulars of said account are more fully shown by the account…

Atpeal from the Circuit Court of Dallas. Tried before tbe Hon. Poster King.

Writ OR EeeoR to the Circuit Court of Calhoun. Tried before the Hon. John T. Heflin. The prisoner in this case was’ indicted, at the April term of said court, 1863, for illegal traffic with a slave; pleaded not guilty to the indictment; was tried and convicted at the spring term, 1864, when, as the record shows, the following judgments were rendered against him: “ March 30,1864.

Feom the Circuit Court of Lowndes. Tried before the Hon. Nat. Cooe.

FROM the Circuit Court of Jefferson. Tried before the Hon. Wm. S. Mudd.

In tbe matter of tbe two petitions of Wm. H. Fellows for tbe writ of habeas corpus, to procure the release and discharge of William L. Strawbridge and William 0. Mays, respectively, from tbe custody of Capt. N. R. H. Dawson, who beld them under bis command as militia-men. The applications were made on tbe 6th August, 1864, to Hon. J. R. John, chancellor, at Selma, who, on the hearing, granted a discharge in each case.

Heard before tbe Hon. James B. Clabk. The original bill in tbis case was filed on tbe 30tb May, 1851, by Edward Carey, as tbe assignee of tbe Bank of Columbus, Georgia, on bebalf of bimself and tbe other creditors of Daniel McDougald, deceased, against tbe personal representative and distributees of said McDougald, Seaborn Jones, and others.

On the 15th April, 1864, Reuben F. Emerson made application by petition, to the probate judge of Montgomery county, for the writ of habeas corpus, to procure his discharge from the custody of Ool. Wm. B. Grabara, commanding the second-class militia of said county. In bis return to the writ, Ool.

Application by Robert Gain, for tbe writ of habeas cprjous, by wbicb be sought to procure bis discharge from tbe custody of Oapt. John M. Slaughter, tbe enrolling officer of tbe Confederate States for tbe county of Tuskaloosa, who bad arrested him on tbe 10th August, 1864, and held bim as a conscript under the acts of congress. Tbe petition was first presented, on tbe 11th August, 1864, to the Hon. Wm.

The petitioner in this case made application, on tbe 18th August, 1864, to the probate judge of Montgomery county, for the writ of habeas corpus, to procure his release and discharge from the custody of Capt. Gray Thigpen, who held and detained him as belonging to a company of second-class militia, who had been ordered out by the governor. “On the trial of the cause,” as the bill of,exceptions states, “the petitioner proved that, on the 20th May, 1864, he was enrolled as a…

In tbe matter of tbe petition of Edmund B. Mitebell for tbe writ of habeas corpus, by wbicb be sought to obtain bis discharge from tbe custody of Col. H. C. Lockhart, commandant of conscripts for tbe State of Alabama, who held and detained him as a conscript. Tbe petition was presented to tbe probate judge of Montgomery county, who, on tbe bearing under tbe writ, discharged tbe petitioner.

<p>In the matter of the petition of Samuel Eight for the writ of habeas corpus, by which he sought to procure his discharge from the custody of Capt. John S. Barton, the enrolling officer of the Confederate States for the county of Montgomery, who held him as a conscript. The petition for the writ was presented to the probate judge of Montgomery, who, on the hearing, discharged the petitioner from custody. Application is now made to this court, in the name of the enrolling officer, for the writ of certiorari, or other remedial process, to revise the decision of the probate judge. The material facts of the case, as agreed on, are stated in the opinion of the court.</p>

In tbe matter of tbe petition of Joseph Toner for tbe writ of habeas corpus, bj wbieb be sought to procure bis discharge from tbe custody of Col. Wm. B. Graham, commanding tbe second-class militia of tbe county of Montgomery. Tbe application was made to tbe probate judge of Montgomery county, who, on tbe bearing, discharged tbe petitioner from custody.

In tbe matter of tbe respective petitions of Solomon D. Lee and John D. Allen for tbé writ of habeas corpus, by wbicb they sought to procure their discharge from the custody of Col. C. P. Bah, commanding the 9th Alabama cavalry regiment, who held them as members of his regiment near Selma. The petitions were sworn to on the 24th May, 1864, and were heard before the Hon. Postee King, judge of the first judicial circuit, on the 14th June, 1864.

In tbe matter of tbe petition of Polinice Pille for tbe writ of habeas corpus, by wbicb be sought to procure bis discharge from tbe custody of Col. ¥m. B. Graham, who held him as a second-class militia-man under tbe call of tbe governor.

Tried before the Hon. Wm. S. Mudd. This action was brought by Joseph B. Lively, against John B. Robbins, L. M. Robbins, and Thomas B. Robbins; was commenced on the 13th August, 1868; and was founded on a promissory note, executed by the defendants, which was in the following words : “ By tbe 25tb day of December next, we, or either of ns, promise to pay Joseph B. Lively, or bearer, the sum of seven hundred dollars, for value received of him.

Tried before the Hon. Bobert Dougherty. This action was brought by William B. Neal, and Bachelj his wife, Thomas Larkins, and Jane, his wife, Morgan G. Stoudenmeier, and Meshack T. Stoudenmeier, against Joshua W. Willis; and was commenced on the 25th February, 1859.

Tried before tbe Hon. Ales. McKjnstry. This action was brought by J P. Whitney & Co., against Thomas J. Casey & Co., and was commenced by original attachment, sued out on the 3d May, 1858, on the ground that the defendants were non-residents, and had not sufficient property or effects in the State of their residence to satisfy the debt.

Tried before the Hon. Wm. S. Mudd. This action was brought by Abner Cornelius, against Mrs. Sarah Partain; and was commenced in a justice’s court, on the 9th June, 1862, and was removed by appeal, by the defendant, to the circuit court.

In the matter of. the petition of David R. Purviance for the writ of habeas corpus, by which he sought to procure bis discharge from the custody of Capt. E. T. Starke, the enrolling officer of the Confederate States for the county of Dallas, and from the military service of the Confederate States. The petitioner was enrolled on the 16th April, 1864, and attained the age of fifty years on the 24th July following.

In tbe matter of tbe fiual settlement of Kirkland Harrison’s administration on tbe estate of Bicbard B. Harrison, deceased, bj Francis A. Saunders and Margaret Harrison, as administrator and administratrix of said Kirkland Harrison, at tbe instance of Bichard K. Harrison and others, who were distributees and heirs-at-law of said Eichard B. Harrison. Eichard B. Harrison died, intestate, in March, 1843, leafing a large estate, which consisted principally of lands and slaves.

Heard before tbe Hon. James B. Clark. The bill in tbis ease was filed, on tbe 28tb March, 1860, by Mrs. Margaret C. Pickens, suing by ber next friend, against ber husband, James Y. Pickens, John C. Caldwell, and Samuel Oliver; and sought a recovery of certain slaves, (or a decree for their value,) with an account of their hire.

Ep.oM tbe Circuit Court of Tallapoosa. Tried before tbe Hon. Bobebt Doughebty, The indictment in tbis case was found at tbe March term of said circuit court, 1864, and charged that tbe defendants, James M. Davis and four others, “ did distill, or convert into spirituous, vinous, or intoxicating liquor, corn, or tbe product thereof, or other grain; against tbe peace and dignity,” &c. After conviction, tbe defendant Davis moved in arrest of judgment, on account of tbe…

FROM tbe City Court of Montgomery, Tried before tbe Hon. B. S. Bibb.

Feom tbe Circuit Court of Greene. Tried before tbe Hon. A. A. Coleman.

Heard before the Hon. N. W. Cooke. The bill in this case was filed by Phillip J. Weaver, on the 29th June, 1863, against the State of Alabama, the county of Dallas, and the tax-collector of said county; and sought to enjoin the collection of a tax which had been assessed against him, for the year 1862, on $100,000 hoarded out of the State. ’ The bill alleged, that the complainant, acting under legal advice, did not include in his list of taxable property, rendered to the…

FROM the City Court of Mobile. Tried before the Hon. H. Chamberlain.

In tbe matter of the petition of Nathan Daniel for the writ of habeas corpus, by which he sought to procure his discharge from the custody of Capt. A. M. Ellerbe, who held him as a member of his company of county reserves, doing provost-guard duty at Cahaba. The petition was sworn to on the 30th December, 1864; and the hearing was had, on the 2d January, 1865, before the probate judge of Dallas county, who held the petitioner entitled to his discharge.

Tried before the Hon. C. W. Bapier. The record in this case contains, besides the appeal bond, citation, &c., only the judgment from which the appeal is taken, and which is in the following words: “ It is ordered by the court, that a fine of fifty dollars be entered against W. C. Easton, for contempt. It is therefore considered by the court, that the State of Alabama, for the use of Mobile county, recover of W. 0.

Ebom the Circuit Court of Butler, Tried before the Hon. John K. Henr£, The indictment in this case was found at the March term of said circuit court, 1864, and charged that the defendant, “Martha Smith, a white woman, did live in a state of adultery or fornication with a negro man named Joe, the property of some person who is to the grand jury unknown,” or, as alleged in another count, “the property of her, the said Martha Smith.” On the trial, as the bill of exceptions…

Tried before the Hon. Wit. S. Mued. This action was brought bj Joshua L. Martin, against John J. Harris, and was commenced on the 27th February, 1863. Judgment by default, in the usual form, was rendered against the defendant at the September term, 1863.

<p>[petition por habeas corpus.]</p> <p>1. Befusal of continuance not revisadle. — The refusal of a continuance by a circuit judge, on a bearing before Mm on a writ of habeas carpus, is not revisable in an appellate tribunal.</p> <p>2. Practice on lieming zmder habeas corpus. — On a bearing under habeas corpus, if no evidence is adduced by either party, the return is presumed to be true; and the averments of the petition for the writ’ though not denied or controverted by the return, can not be consid ered as thereby admitted.</p>

The petitioner in this case sued out a writ of habeas corpus, returnable before tbe probate judge of Montgomery county, on tbe 8tb November, 1864, to procure bis release and discharge from tbe custody of tbe sheriff of said county, whose return to tbe writ was in these words: “That on tbe 7th November, 1864, a summons and complaint, returnable to tbe February term, 1865, of tbe city court of Montgomery, was sued out against said Thomas J. Harlan, in favor of Walter M.…

Tried before the Hon. John K. Henbt. This action was brought by Thomas M. Williams, as the administrator de bonis non of the estate of Benjamin Mock, deceased, against Mrs. Eliza Walker; and was commenced on the 24th February, 1860.

'^) In tbe matter of tbe final settlement and distribution of tbe estate of Claiborne Carter, deceased, by Samuel T. Boykin and Robert D. James, administrators with tbe will annexed, at tbe instance of Benjamin W. Carter and others, as heirs-at-law and next of kin.

Court of Tuskaloosa. Tried before the Hon. Wi. S. Mudd. This action was brought by Mrs. Nancy A. McCown, against Washington Moody; was commenced on the 12th January, 1860, and sought to recover a tract of land, which was thus described in the complaint: “the east half of the south-east quarter of section thirty-four, in township twenty-one, range eleven, west; and the west half of the northwest quarter of section two, in township twenty-two, range eleven, west; and the…

Tried before tbe Hon. Bobert Dougherty. This action was brought by Alfred Lumpkin and Frances Lumpkin, against Bichard P. Baker, as administrator of tbe estate of Lewis Spear, deceased; and was commenced on tbe 22d February, 1859.

In tbe matter of tbe petition of Mrs. Aritt'a M. Aclamsi for an allotment of ber dower in tbe real estate of wbicb ber deceased husband, John Adams, died seized and possessed. Tbe original petition was filed on tbe 1st April» 1862, and was contested by tbe executors and legatees under tbe decedent’s will.

Tried before tbe Hon. JOHN K. Henbt. This action was brought by Littleton Pitts, against Hugb D. Boss,; was commenced on tbe 5th November, 1858 ; and was founded on a promissory note for $224, made by tbe defendant, dated tbe 12th February, 1857, and payable by tbe 1st January next after date, to Isaac D. Arledge or bearer. Tbe defendant pleaded, “in short by consent,” non assumpsit, payment, and set-off; and issue was joined on these pleas.

IN the matter of the petition of S. J. Boiling for the writ of habeas corpus, by which he sought to procure the release anddischarge of Heifry Watts from the custody of Lient. George Yerdery, the enrolling officer of the Confederate States for Butler county, who held and detained him as a conscript.

In tbe matter of tbe petition of Captain S. J. Bolling, for tbe writ of habeas corpus, bj wbicb be sought to procure tbe discharge of Davis T. Gaffney from tbe custody of tbe en-robing officer of tbe Confederate States for Butler county.

Tried before tbe Hon. B. S. Bibb. The record in tbis case shows that, on tbe 6th June, '1864, Mary Sulhvan made affidavit, before a justice of tbe peace, tbat two bogs were stolen from her premises on tbe 11th March preceding, and tbat she bad cause to believe, and did believe, tbat Patrick Robinson “ did steal, take, and carry away said bogs, with intent to convert them to bis own usetbat tbe justice thereupon issued a search-warrant for tbe examination of tbe defendant’s…

Eeom the Circuit Court oí Marengo. Tried before the Hon. James Cobbs.

FROM tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. Wi. S. Mudd.

Eeom tbe Circuit Court of Montgomery. Tried before tbe Hon. E. Bugbee.

<p>[indictment against suave eor robbery oe white PERSON. 1</p> <p>1. Repeal of criminal statutes applicable only to slaves, by abolition of slavery. — The ordinance of the State convention of Alabama, adopted on the 22d September, 1865, by which slavery was declared to have been abolished and thereafter prohibited, abrogated all the criminal laws of the State which were applicable exclusively to slaves.</p> <p>2. Inability of freedman to conviction and punishment for offense committed whilst slave. — Since the 22d September, 1865, there has been no law in force in this State, under which a freedman can be convicted and punished for the robbery of a white person, or an assault with intent to rob a white person, where the offense was committed by him while a slave.</p>

Feom the Circuit Court of Pike. Tried before the Hon. J. McOaleb Wiley.

Fbom the Circuit Court of Henry. Tried before the Hon. J. McCaleB Wiley. The indictment in this case was found on the 28th October, 1866, and charged “ that A. J. Maynor and Ben, alias Ben Peters, a freedman, feloniously took and carried away one mule, the property of A. J. McAllister.” A noUe-prosequi was entered as to the defendant Maynor.

From tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. Vi. S. Mudd. The indictment in this case was found on tbe 28tb November, 1865, and charged tbe prisoners, “Aaron, a freedman, usually known and called Aaron Cosby, and Ely, a freedman, usually known and called Ely Carlisle,” with tbe larceny of two borses, tbe property of Christopher C. Farrar, in tbe county of Tuskaloosa.

From the Circuit Court of Tuskaloosa. Tried before the Hon. Wi. S. IvIudd.

<p>Ebom the Circuit Court of Pike.</p> <p>Tried before tbe Hon. J. McCaleb Wiley.</p>

Application by J. ~W. Ecbols, a member of tbe bouse of representatives, from Macon county, for a writ of mandamus, or other appropriate process, to be issued to tbe Hon. Tbos.

Eeom tbe Circuit Court of Barbour. Tried before tbe Hon. J. McOaleb Wiley. The indictment in tbis case, wbicb was found on tbe 14th November, 1885, charged tbat tbe prisoner, “Henry With-erby, a freedman, assaulted Mary Stuart, a white child, under tbe age of ten years, with intent to ravish her; against tbe peace and dignity,” &c. Tbe defendant pleaded not guilty, without objection to tbe indictment.

In tbe matter of .tbe final settlement of tbe accounts and vouchers of Alvin R. Baber, as guardian of Nancy M. Moore, at tbe instance of tbe said Nancy M. and her husband, James M. Moore. Tbe citation was issued on tbe 26th September, 1860; and tbe settlement was bad, after several continuances, on tbe 16th December, 1861.

From tbe City Court of Mobile. Tried before tbe Hon. H. Chamberlain. The indictment in tbis case, wbicb was found on tbe 18tb October, 1865, described tbe prisoner as a free negro, and charged bim witb obtaining goods under false pretenses from one Louis Schwartz. Tbe defendant went to trial on tbe plea of not guilty, without objection to tbe indictment.

In the matter of the estate of James Sims, deceased, on final settlement of the accounts and Touchers of John C. Holman, the executor. The widow of the testator, Mrs. Nancy Sims, contested several of the items on the credit side of the account, as stated by the executor. These items consisted of the costs and expenses incurred and paid by him in two unsuccessful suits, which he had instituted as executor, including an attorney’s fee in each case.

Tried before the Hon. Nat. Cook. This action was brought by John Hilliard,' against Thomas G. Clancy, and JohnH. Stone; and was commenced on the 30th March, 1857.

IN tbe matter of tbe estate of Britton Mims, deceased, on final settlement of tbe accounts and vouchers of tbe deceased executor, Stanford Mims, by bis administrator, John DeLoacb. Tbe testator died in July, 1845. Tbe time of tbe executor’s death is nowhere stated in tbe record. A partial settlement was made by tbe executor in July, 1850, and another in December, 1861. Tbe final settlement, from which this appeal was prosecuted, was made in September, 1864.

Heard before the Hon. N. W. 'Cocke. The bill in this case was filed, on the 20th February, 1861, by Charles A. Marston, against Nancy Rowe, and Thomas Gleason; and alleged the following facts: In 1831, Andrew Dexter loaned or advanced one hundred and fifty dollars to Joshua Collins, to enable the latter to enter a quarter-section of land, to which he had pre-emption right under the acts of congress, under an agreement that the land should be divided equally between them; and…

Heard before tbe Hon. James B. Claek. The bill in tbis case was filed, on tbe lltb June, 1859, by Benjamin Howard, Heron H. Howard, bis wife, and tbeir four children, against William E. Gilbert, Samuel Ray, and Emily P. Ray.