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N0 26 Preamble Be it Remembered that on the 7th day of April, It being the the Fifth Monday after the First Monday in March in the year of our Lord One Thousand Eight Hundred and Fifty One the Circuit Court of Alabama for Macon County, Convened according to an act of assembly in the Town of Tuskegee the Honourable Robert Dougherty present and presided, the following proceeding & [overoh???] to wit Writ of Ejectment The State of Alabama } Circuit Court Spring Term 1849 Macon County } John {???] by Attorney Complains of Richard Roe in Custody &C 1st For that whereas, on the third day of January AD One Thousand Eight Hundred and Forty three, at the County aforesaid One
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with the appertinances there to belonging to the Said John Doe and his assigns from thenceforth, for and during, and to the full end and term of twenty years from thence next ensuing and fully to be completed and ended. By virtue of which Said Several demises above mention and Set forth the Said John Doe entered into the Said Several tracts of land, or tenaments first, Secondly, and therby, above mentioned and described; with the appertenances, and became and areas there of possessed for the Said Several terms, So to him there of respectively granted as aforesaid and the Said John Doe being So possessed there of the Said Richard Roe afterwards to exit on the first day of January AD One Thousand Eight Hundred and forty five at the County aforesaid with force and arms entered into the Said tract of parcels of Land, or tenaments with the appurtenances, first, Secondly, and thirdly, above mentioned, to which the Said John Doe was so intil ted in Manner and for the Several terms, aforesaid which are not yet expired and ejected the Said John Doe from his Said Farms, and other wrongs to the Said John Doe there and then did to the great damage of him the Said John Doe Saith he is damaged and hath Sustained injury to the amount of two Thousand Dollars and there for he Sues William & Harper Attys for Plaintiff William King I am informed that you are in posession of or claim title to the premises in the Declaration of ejectment mentioned and being joined in the action as casual ejector and having, no claim or title to the Same, do advise you to appear at the next turn of the circuit court to be holden for Macon County, and then and there by rule of the Same Court, to Cause yourself to be made Defendant in my Stead otherwise I shall Suffer Judgment therein to be entered, against me by Defendant, and you will be turned out of posssession Yours &c Richard Roe Filed in office 23rd February 1849 L Lanier Clerk Sheriff, Recipt Recd in office 24th Feby 1849 F V Rutherford Shff & Return Executed on all King 26 Feby 1849 F V Rutherford shff By O F Lewis DS.
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Affidavit John Doe on the aimuse of Before me William Alexander anac= Josiah P Stevens =ting Justice of the peace for the vs County of Macon Personally Came Richard Roe Casual Ejector Charles F Lewis who being duly William King tenant in Sworn Saith that he this [ ]ssoment possession did on the 26th dayt of February 1849 personally Serve William King tenant in possession of the prem= =ises in the Declaration of Ejectment here to annexed, mentioned with a copy of the Said Declaration and of the notice there= = under written, here to annexed Summon to before me the 28th day of February 1849 C F Lewis William Alexander JP And at the Spring Term 1849 the following entry was made John Doe on the demise Appearance Dockit of Josiah P Stevens Came the Defendant and made the vs usual Confession, lease entrry ouster William King and posssession
And at the Fall Term 1849 this case was continued no one discenting
Augment John Doe on the aimuse This day came the parties by their of Josiah P Stevens Attorneys and there upon came a vs Jury to wit John R Trellis and William King eleven other Good and Lawful men who being impanneled Sworn and Charged, will and truly to try the issue Joined between the parties adduced, their evidence, and the Court Charged, the Jury, to which charge the Plaintiff excessed, and having taken his Bill of Exceptions Set= ting forth his Exceptions and the ground there of won a new Suit reserving the right of having the Same presented to the Supreme Court for according to the Statue in Such case made and provided, It is therefore Considered by the Court that the Defendant go hence and recover of the Plaintiff the cost in this behalf expended for which let Execution issue
Bill of John Doe in thge aimuse Ejectment in the Circuit Court Exceptions of Josiah P Stevens of Macon County vs Spring Term 1851 Richard Roe Casual Be it remembered that on this Ejector & William King ten= the 8th day of April AD 1851 the =ant in possession cause above Stated came in to be tried, the Plaintiff offereed in evidence and read to the Jury a
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