Guild v. Guild et als.

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624

Writ of Error

The State of Alabama

Monroe County

To the Register of the Chancery Court for the Fifth District of the Southern Chancery Division of Said State -- Greeting:

Because in the Record and proceedings, and also in the rendering of the fiscal order in a cause lately in your Court determined, at the May Term A.D. 1847 of said Court, wherein Reuben M.Donald as next friend of Lucinda Guild was Complainant, and Josiah Q. Guild, & William A Lash & John Bonner as Ad[ ? ] of William Boyles dec'd, were Dependants, Manifest error hath intervened to the great damage of the said Complt. as by his information we have been given to understand, and we being willing that the error aforesaid, if any such exists, should be corrected, and full and speedy justice done to the parties in this behalf, do command you that if fiscal order or Decree be thereupon given, you send a true and perfect transcript of the Record and proceedings had in said cause distinctly and openly under your hand and seal, to the Honorable the Judges of the Supreme Court of the State aforesaid, so they may have the same at a Court to be holden for said State, at the Town of Tuscaloosa, on the Second Monday in December next, together with this writ, that the Record and proceedings aforesaid being seen and [words obscured in scan]

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may as therein for correcting said error what according to the [ ? ] Courtand Customs of the State of Alabama outght to be done. Herein fail not.

Witness, Sam'l. Jas. Cumming, Register of the Chancery Court aforesaid this second day of August in the year 1847.

Sam'l. Jas. Cumming {Seal}

Register 5th D. S. D.

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626

[number in margin obscured in scan]

Chancery Court, May Term 1847.

On this day, to wit, the twenty-fourth day of May A.D. 1847, the Court of Chancery for the Fifth Chancery District of the Southern Division of the State of Alabama, was begun and held at Monroeville, as advertised in the Chronicle, a Newspaper published in the Town of Claiborne Alabama, the same being the nearest newspaper to the place of holding said Court; a true Copy of which follows, to wit: "It is ordered by the Chancellor that of the Southern Chancery Division, that an extra Court of Chancery be held at Monroeville for the Fifth Chancery District on the fourth Monday in May next; instead of the time appointed by law:" -- and which order was published more than thirty days previous to this date. Present the Hon. A. Crenshaw, Chancellor.

To the Hon. Anderson Crenshaw Chancellor of the Fifth District of the Southern Chancery Division of the State of Alabama at Monroeville.

Humbly complaining your oratrix Lucinda Guild formerly Lucinda Boyles, by her next friend Reuben M.Donald, sheweth unto your Honor, that she intermarried with Josiah Q. Guild in the year of A.D. 1828, and that both your oratrix and Josiah Q. Guild [words obscured in scan]

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in the Country of Monroe and State of Alabama, and that since the intermarriage of your oratrix with Said Josiah L. Guild, to wit, in the year of 1844 the inherited property of great value supported to be worth five thousand dollars, from the estate of her deceased uncle Willian Boyle of North Carolina, consisting of land, slaves, monies, choses in action &c, and that the most of said property inherited by your oratrix, has never been reduced to the possession of her Said husband. That a number of said slaves have been reduced to the possession of her said husband and the most of them have been sold at Sheriff's Sale to satisfy her said husband's debts. Your oratix further sheweth that the property that has not been reduced to the possession of her said husband consists of lands, monies, and choses in action; and that William A. Lash and John Bauner are administrators and Sole personal representatives of the estate of her uncle the Said William Boyle, deceased, and that Said Administrators reside in the County of Stokes, in the State of North Carolina. Your oratix further sheweth that she has not, neither has she ever had, any child or children. Your oratix further sheweth that her Said husband is improvident, and in failing circumstances, if not wholly insol-

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628

2.3.

,and that probably the whole as a large of the balance of the estate to which the entitled, an [?] , will he [?] to [?] and

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