Evans v. Evans

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The State of Alabama Southern Chancery Division Thirteenth Chancery District at Camden So John P. Fairly Esq. Register in chancery for said Chancery District Because in Record and Procedings as also in the rendering of the decree in a suit Which was in our said Chancery Court for said District between Abel E. Evans complainant and Josiah T. Evans, James Battle and Eliza his wife, John A. Evans, Charles P. Evans, Lewis Troost + Caroline his wife, George M. Rivis, William H. Rivis, Christopher P. Rivis, Thomas E. Rivis, Sarah Rivis, John T. Rivis and Peter P. Rivis [?re] defendants as it said Manifest Error hath intervened to the great damage of the Complainant Abel E. Evans as by his complaint we are informed:

We, willing that the error if any there be, should in due manner be corrected and full and speedy justice done the parties aforesaid in this behalf, do command you, that if a decree be there upon rendered then you send to us, openly and distinctly under your seal, the record and proceedings, with all things Concerning the same with this writ so that we may have them at our next term of the Supreme Court to be holden in the City of Montgomery on the first Monday in June next that the Record and procedings aforesaid being inspected, we may cause further to be done there upon for correcting that Error, and what of Right according to the law of this State ought to be done.

Witness John P. Fairly Register of our said at Office this 11th day of March A.D. 1850 Issue 11th March 1850 J.P.Fairly Regr. Seal (Private Seal having no of Office)

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The State of Alabama Southern Chancery Division Thirteenth Chancery District of [Cam???] To any Sheriff of the State of Alabama Grating you are hereby commanded to notify Josiah A. Evans, James Balltes + Eliza his wife John A. Evans, Charlis P. Evans, Lewis [??????] Caroline his wife, George M. River, [???] H. River Christopher P. River, Norman E. River, Sarah River, John J. River and Peter P. River or Mephy

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Notice Abel

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The State of Alabama Southern Chancery District Division Thirteenth Chancery District At a term of the Court of Chancery began and held for said District at Camden on the fourth Monday in August A.D. 1848 present the honorable Joseph [2 words illegible] Chancellor of the Southern Chancery Division of the State of Alabama. The following cause came on to be heard and determined and the record and proceedings had therein all in words and figures following [2 words illegible].

s. (in left margin) Bill of [Compes?]

The State of Alabama In Chancery at Camden Wilcox County 13th Chancery District and Southern Chancery Division of said state To the Honorable Anderson Crewshaw Chancellor for the Southern Chancery Division of the State of Alabama in the Chancery sitting at Camden for the 13th Chancery District of said state Humbly complaining your orator Abel E Evans of the county and state of [unsaid?] showith that [hear to for?] on the 1st day of september A.D. 1837 the [1 word illegible] with one [Thomas?] Evans who has since departed this life became the [1 word illegible] of one [1 word illegible] Smith Evans to a promisary note of which the following is a copy $1127.39 Canton Wilcox County September 1st 1837 Twelve months after date we or either of us promise to pay Sanford Coley or harris Eleven Hundred & twenty seven 39/100 Dollar value [1 word illegible] negotiable and payable at the Branch of the State of Alabama [or mobile?] Harris Smith Evans (Signed) A. E. Evans Thomas Evans That before the maturity of said note to [wit] some time in the month of September 1837 the said Thomas Evans one of the securities to the same [departin?] this life, that after the matu- -rity of said note the said Sanford Coley [Commisioned] [Smith/Suite?] on the [Sum], in Wilcox Circuit Court to the spring from A.D. 1839 of said Court against said Harris Smith Evans and your [1 word illegible], that after the commencement of said [Smith/Suite?] and befor the trial [...] thereof, the said Harris Smith Evans the principal to Sara [1 word illegible] on or about the latter par of August or the first of September 1839 also departed this life, and afterwards to wit at the face term A.D 1839 the said Sanford Coley suggested to the said Circuit Court the death of said Harris Smith Evans, whereupon it was ordered by Sr Court that

Last edit 5 months ago by spriyana
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the said Smith [...] & continued against your orator and therefor a judgement was [hordered?] by said court at the full term thereof A.D. 1839 against your [...] alone for the prinicpal of said [note?] and all interest when accrued therein amounting in the whole to the sum of Twelve Hundred & twenty seven dollars & eighty one cents, [...] cost of [...] & awarded [executions?] against your orator [Thumper?], all of which with fully and at large appear by inference to and [exempifation?] of the E [...] error of proceeding had by said court in said case hear to attached marked [...] A. and to which [...] is prayed to be had as often as may be [...], and which judgement & [...] your orator has fully satisfied and discharged to the said Sanford Coley Your orator [Fathis?] Showith that (inserted above the line) on the 20th day of July 1836 [...] together with (return to line) [heartofer?]. to wit [v] The said Harris Smith Evans becam the [A] securitess of one Thomas E Ellis who has since departed this life to a promisary not on the [folowing?] word and [...] to wit Dollars 2000 / Praini Bluff July 20th 1836 On the first day of January one thousand eight Hundred party one [...] or either of us promise to pay Dennis A Saxon or Order two thousand Dollars for value [...] attest Thomas E Ellis James B [Maher?] Signed, Harris S Evans A. E. Evans That the said Thomas E Ellis this principal died wholy insolvent and left no estate of any descriptionto indemnify your orator as security to said note, against any [...] by [...] thereof [...] [Farthis?] Showith that after the maturity of said note to wit on the 18th day of May 1844, suit was [...] on said [...], against your orator in the name of [...] H [Saxton?] for the [...] of Nepohan B [...] on [2 inelligible words]

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