Harrison, Administrator, et al. v. Mock et als.

The State of Alabama

To the Honorable Anderson Crenshaw chancellor of the Southern Chancery Division of the said State.

Humbly complaining Zachariah A Edwards, Benjamin Mock Jr, Walter Drane, John W Mundy, William H Chambliss and James J Mundy. Merchants and copartners, trading under the name firm and style of Chambliss & Mundy, Rubin Mundy and Thomas J Judge. Copartners in the practice of Law under the name and style of Mundy & Judge, James Greenwood James S Rochelle and Creed T Oliver late merchants and copartners in trade under the name and style of Greenwood Rochelle & Co, and James Greenwood and James L Rochelle. Merchants and copartners in trade under the name firm and style of Greenwood & Rochelle all resident citizens of Lowndes County and State aforesaid, herewith unto your Honor that they are all creditors as this will hereafter more particularly setforth of William R Meyer who is also a citizen of the said State and County. Your Orator Zachariah A Edwards herewith unto your Honor that he is a judgment creditor of the said William R Meyer for One hundred and sixty four Dollars from the thirty first day of March eighteen hundred and forty and seven dollars and seventy five cents costs besides interest, which is now due and owing to your Orator, that the Sheriff of Lowndes County aforesaid has returned no property found. Your Orator Benjamin Mock Jr. Herewith unto you Honor that he is also a Judgment creditor of the said William R Meyer from the 10th of October eighteen hundred and forty for one hundred and seven dollars and twenty five cents and Ten dollars Thirty seven and a half cents cost besides interest, that this Judgement is in the name of Bryan & Potter for the use of Benjamin Mock Jr which said Judgement is due and owing to your Orator Benjamin Mock Jr which said judgement was rendered for a debt due and owing by said Meyer previous to 1st April 1845 and that the Sheriff of Lowndes County has returned the execution no property found and that both of the above Judgements are from the Circuit Court of Lowndes County. Your Orator Walter Drane herewith unto your Honor, that sometine ago, which time is not recollected by your Orator that the said William R Meyer purchased of One George Williams Two hundred and forty acres of Land lying and being in the County of Lowndes and State aforesaid, a particular description of which will be found in a certain Deed of trust executed by the said William R Meyer

Bill [in margin]

to am Richard B Harrison a copy of which is herewith filed as an exhibit and will be more particularly described hereafter, to which your Orator prays leave to refer thereto so often as it may be necessary. Your Orator the said Walter Drane states that he was security for the payment of the purchase of said Land to the said George Williams that all of the said money has been paid the said George Williams except the sum of seven hundred and ninety one dollars for which amount the said George Williams brought his action against the said William R Meyer and your Orator in the Circuit Court for Lowndes County, and on the fifth day of October eighteen hundred and forty obtained his judgement against the said William R Meyer and you Orator for the said sum of seven hundred and ninety one Dollars and nine 1834/100 Dollars cost which said sum of money besides the interest accruing thereon still due and owing by the said William R Meyer to the said George Williams. Your Orator further charges that as the said William R Meyer previous to the condition of the judgement aforesaid executed a certain trust Deed conveying his whole estate to one Richard B Harrison as shall hereafter be more particularly described that the property of your Orator is alone subject to the judgement and execution of the said George Williams. Your Orator John W Mundy herewith that the said William R Meyer is indebted to your Orator in the sum of six hundred and thirty One 80/100 dollars with interest from the 19th day of July 1840 on a certain promissary note of him the said William R Meyer payable to your Orator or [bearer?] a copy of which is herewith filed which said note is dated the 18th day of July 1840 and payable One day after date. Your Orator charges that this note was given to renew a protested draft given by the said Meyer to your Orator or the said Meyers factor in Mobile which said draft was for a debt due to your Orator from the said William R Meyer previous to the 1st day of April 1840, which said note and the interest thereon is still due and owing to you Orator. Your Orators Chambliss and Mundy herewith unto your Honor that the said William R Meyer in indebted to them in the sum of forty nine 63/100 Dollars. on his promissary note payable to them with interest from the 1st of January 1840 dated the 7th of

February 1840 and payable One day after date a Copy of which is herewith filed. Your Orators Mundy & Judge herewith unto your Honor that the said William R Meyer is indebted to them in the sum of One hundred and twenty five dollars besides interest on his promissary note made payable to your Orators or [1 illegible word] which said note is dated on the 31st day of March 1840 payable One day after date, which said note is due and owing to your Orators. Your Orators Greenwood Rochelle and Company herewith unto your Honor that they are judgement creditors against the said William R Meyer for three hundred and ninety 09/100 Dollars and seven 75/100 Dollars cost that their judgement was obtained in the Circuit Court for Lowndes County on the 5th of October 1840 for a debt due your Orators prior to the 1st of April 1840 that the Sheriff Lowndes County aforesaid has returned the execution issued on the said judgement no property found, that the said debt with your Orators. Your Orators Greenwood & Rochelle herewith unto your Honor that they are judgement creditors of the said William R Meyer in the sum of One hundred and two 80/100 Dollars, and seven 75/100 Dollars cost, that this judgement was rendered by the Circuit Court of Lowndes County on the 15th day of October 1840, the first of April 1840. That the execution issued upon the said judgement has been returned by the Sheriff of Lowndes County no property found, that the money due on said judgement and the interest thereon accruing is still due and owing to Your Orators. Your Orators Greenwood and Rochelle further herewith unto your Honor that the said William R Meyer is further indebted to them in the sum of fifty seven 81/100 dollars with interest from the first of January 1841 on his certain promissary note payable to them which said note is dated the 12th of February 1841 and payable one day after date. Your Orators charge that the said note was given to them for goods, wares, and merchantdise sold by your Orators to the said William R Meyer previous to the 1st of April 1840 that a copy of the note and of the account for the said goods are herewith filed. Your Orators now further charge that they being creditors of the said William R Meyer as above charged and set forth and

the said William R Meyer being owner of a large Real and personal estate with a view your Orators suppose and believe the more effectually to secure them the payment of their respective demands all of which is above charged and setforth were due and owing respectively to your Orators previous to the 1st day of April 1840. he the said William R Meyer on the said 1st day 1840 in consideration of the said debts so owe and owing by the said William R Meyer and for the further consideration of One dollar to him in hand paid by Richard B Harrison of Dallas County and State aforesaid under the hand and seal of him the said William R Meyer and there & there executed a certain Deed of trust of all his property and effects of whatever kind to the said Richard B Harrison for the purpose of paying all the just debts of him the said William R Meyer, a copy of which said Deed is herewith fixed marked Exhibit (A) which your said Orators pray may be taken as part and parcel of this their bill of Complaint, and that they may have have to refer thereto so often as it may be necessay.

Your Orators charge that in and to the said Deed it is yes ovided chat the said Richard B Harrison shall hold the property described in the said Deed for a description of which your Orators pray a reference to the said Deed in Trust and upon the conditions that the said Richard B Harrison should take possession of the said property and that as soon as the same could consistently with the interest of the creditors of the said William R Meyer, that he the said Richard B Harrison should expose the said property to sale and appropriate the proceeds of the said sale or so much thereof as might be necessary to the payment of the debts due by the said William R Meyer on his own equally and rateably without any distinction or prefference. Your Orators now charge that the said Richard B Harrison accepted the trust and took the possession of the property immediately ofter the execution of trust and as aforesaid - that he has either received the product arising from the labor and services of the Slaves and other property named in the said trust Deed ever since the execution thereof and has converted

and disposed of he same to his own use and has made no division or appropriation of the funds which have so come into his hands amoung your Orators as by the said trust Deed he was bound to have done. Your Orators further charge that the said Richard B Harrison has not made sale of any of the said property for the prupose of paying any of the said debts of the said William R Meyer as by the terms of the said Deed he was bound to do, but upon the contrary has fraudulently has placed the Slaves upon one of his own plantations in Lowndes County working and fraudulently disposing of the said Slaves amoung Slaves of his own, and is thus fraudulently disposing and converting the labor of the said Slaves to his own use and benefit. Contrary to the express terms and conditions of the said trust Deed and to the great wrong and injury of your Orators. Your Orators further charge that immediately after the execution of the trust Deed they presented their clims to the said Richard B Harrison for payment that he said to them if they behaved themselves well they micht be paid in twenty years otherwise they would get nothing. Your Orators further charge that they do not know and the creditors of the said William R Meyer neither have they the means of knowing but they have been informed and believe and so charge that the property conveyed by the said trust Deed to the said Richard B Harrison is abundantly sufficient to pay all the debts of the said William R Meyer Your Orators further charge that they have been informed and believe that some of the creditors of the said William R Meyer previous to the execution of the said Deed of assignment obtained a judgement in the Circuit Court of Lowndes County against the said William R Meyer but who those creditiors were but for what amount those judgements were obtained Your Orators do not know that execution issued upon the said judgement and place in the hands of Alfred Harrison Sheriff of Lowndes County who levied the same upon the lands of the said William R Meyer which lands are described in the said Deed of assignment previously exhibited in the Bill. Your Orators charge that the said Lands are intrinsically worth between ten and twenty Dollars per acre