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2593 S.E. 60 Marshall H. Hooks v. Br. Bk. al Montgomery Et Al Filed 21st June 1868 Affirmed 12.Jany. '49 Min when haps 42. There is one other case in the same Circuit Court from which this case is brought between the same parties involving the same subject matter & tried at the same Term of the Court below. it And it is agreed that and the same bill of Exceptions being taken in this cause and that, it is agreed it shall abide the decision of this case and be Reversed or affirmed as this may be by the Supreme Court of Alabama JE Balser & N Cooke for Deft in Error W. W. M Lister for plff in Error (on the side) Hooks v Branch Bank Montgy
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Index 66 Branch of the Bank of the State of Alabama at Montgomery In Macon Circuit vs Court Peter C Harris Et al Defts (?) From 1848 Marshall M Hooks Claimant Execution from Montgomery County Levied 1 Sheriff Endorsement 1 Claim Bounde _________________ 1 Affadavant of Claimant 2 Preamble of Court 2 Judgment X " " 2 Bill of Exceptions 3 Deed of Trust from Harris to Hooks 3 Acceptance of Deed from " " 5 Deeds from Hooks & Clanton to Seale Cunningham Et Al 5 " " " " Hooks Trustee for H Harris 7 Original Bill of Chancery. Hooks & Stocks Vs Anderson 9 Exhibit, A, to Said Bill 15 Exhibit, B, " " 15 Exhibt, C, " " 17 Answer of Rueben Anderson 20 Crop bill Filed in Said Case by Anderson, 21 Exhibit A 29 Exhibit B 29 Answer of Marshall H Hooks to Crop Bill 34 Decree of Chancellor Bowie 39 [ ] of the Register Jones 41 Decree of Chancellor Martin 42 [ ] of Chan Register 43 Writ of Error Bounde (Cofey) 47 Writ of Error 48 Clerks Certificate 48
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Execution The Branch of Bank of the State of Ala at Montgry vs Peter C Harris Isaac O Browning Henry M Elmore
State of Alabama To any Sheriff of the Stae of Alabama Greeting
You are hereby commanded that of the goods chattles Lands and tenements of Peter C Harris Isaac E Browning & H M Elmore you cause to be made the sum of One thousand and Eighty Two 82/100 Dollars which the Branch of the Bank of the State of Alabama of Montgomery lately on [16] day of November A D 1842 in the Circuit Court of Montgomery County has recovered agaist them for its debt interest & cash of protest by reason of the nonperformance of ceertain promise by the Said Defendants to the Said Bank lately made, as also the further sum of Seven of fourteen 64/100 Dollars for its cost in and about Said Suit in that behalf Expended whereof the Said Defts are convicted as appear to us of Records and that you have the Said Sums of Money at our next Circuit Court to be holden for Said County of Montgomery on the Seventh Monday after the fourth Monday of March render to the Said Bank for its debt interest and cost aforesaid and have you then and there this writ with your endorsement theron. Witness Samuel D Hubbard Clerk of the Said Court at office this 26 day of October AD One thousand Eight Hundred and forty Six and of American Independence this 71st Year S D Hubbard Clerk
Issued the 26th day of Octber 1846, Received in office 27th October 1846, T V Rutherford Shff Levied this [ ] on the following negroes as the property of Peter C Harris ( Viz Massey, Mariah, Marinda, Mack, Bob, Ned, Allen, & Judge 14th November 1846, T V Rutherford Shff Claim Bonds interposed by M H Hooks & N H Clanton 24th February 1847 T V Rutherford Shff
The State of Alabama County Know all men by these present that [in] Marshall H Hooks & Nathaniel H Clanton are held and firmly bound unto the Branch of the Bank of the State of Alabama at Montgomery in the sum of Seventy One Hundred and Sixty five 65/100 Dollars for which payment well and truly to be made or bind Ourselves and Each and every of Our heirs Executors and administrators Severally Jointly and firmly by these present, Sealed with Our Seal and Dated this 2nd day of February in the year of Our Lord One thousand Eight Hundredand forty 7. The Condition of the above obligation is such that when as and Executor [resigns?] from the Circuit Court of Montgomery County in favor of the Branch of the Bank of State of Alabama at Montgomery against Peter C Harris Isaac E Browning & Henry M Elmore for the Sum of One thousand Eight two 83/100 Dollars damage and the further Sum of Fourteen oo/100 Dollars cost has been levied by the Sheriff of Macon County who the following as the property
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2nd of Said defendant (viz Massey, Mariah, Marinda, Mack Bob, Ned, Allen & Judge which Said property has this day been claimed and affadavit made thereto and good Scurity offerd by Marshall, M H Hook according to the Statute in Such case made and [ ] Now if the Said Marshall H Hook shall have the Said property forthcoming if the Same Shall be found liable to Said Execution and Shall deliver the Same to the Said Sheriff and pay all Such cost and damages as Shall be recovered for putting in Said claim for delay there the above obligation to be void: Otherwise to remain in full force and effect. M H Hooks [SS] N H Clanton [SS] [In Margin (Affadavit)] The State of Alabama Macon County personally appeared before me William Alexander an acting Justice of the Peace in and for Said County Marshall H Hook who being first duly Sworn deposeth and Saith that the following property ( Viz Massey, Mariah Marinda, Mack, Bob, Ned, Allan &, Judge, upon which an Execution from the Circuit Court of Montgomery County in favor of the Branch of the Bank of the State of Alabama at Mongomery against Peter C Harris , Isaac E Browning & Harry M Elmore for the Sum of One thousand Eighty three 83/100 Dollars has been Levied by Sheriff of Macon County to Satisfy the Same is not the property of Said Harris Browning & Elmore but is bona fide the property of affiant Sworn to & Subscribed before me [ 21] day of Febry 1847 M H Hook Wm Alex Alexander JP SS [In Margin Preamble} Be it remembered that on the 10th day of April it being the Fifth Monday after the First Monday in March in the year of Our Lord One thousand Eight hundred & Forty Eight The Circuit Court of Alabama for Macon County Convened according to an Act of Assembly in The Town of Tuskegee The Honorable George W Stone Present and Presided {In Margin Judgment} The Branch of the Bank of This day came the parties by The State of Alabama at Mongomery their attorney and thereupon came a Jury to Wit Rueben Peter C Harris [Segreast] & Eleven other good Isaac E Browning and Lawful men who being H M Elmore Defts in [Execution] empanneld Sworn and Charged Marshall H Hook Claimant
to try the Issue Levied between the parties aforesaid upon their Oaths do Say they find the Issue in favor of Plantiff and assess the value of Massey at Two Hundred Dollars the Value of Mariah
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3rd 69 at three Hundred & fifty Dollars, the Value of Marinda at Two Hundred Dollars, the value of Mack at Three Hundred & fifty Dollars, the value of Bob at Two Hundred & fifty Dollars, the value of Ned at Three Hundred and Fifty Dollars, the value of Allen at Six Hundred & fifty Dollars, the value of Judge at Two Hundred & fifty Dollars and the Jury further find the negroes aforesaid Subject to the Plaintiff Execution, It is therefore considered by the Court that the Plaintiff in Execution recovered of the Claimant the negroes aforesaid and that they be[ condemned] to the Satisfaction of the Plaintiff Execution and if the Said Claimant Shall fail to deliver the Said Slaves or any part thereof our demand being made according to the Statute in Such case made and provided, that the Said Plaintiff recovers of the Said Claimant as is provided in Said Statue regulating the trial of the right of property and that the Said Plantiff recovers of the Claimant the cost in this behalf Expended {In Margin (Bill of Exceptions)] The Branch of the Bank of the Circuit Court for Macon County State of Alabama At Montgomery Spring [ ] 1848 vs This was a trial of the right of property Marshall H Hook Claimant as to Several Slaves Levied on as the
property of Peter C Harris under a fieri faceas Issued in favor of the Plff and against the Said Harris & others, on the trial the Plaintiff deduced evidence tending to Show that the Slaves were the Property of Said Harris as well as the value of the respective Slaves; The claimant after proving the Execution of the following named Deeds read them in evidence to the Jury. The Said Deeds are in the words & figurs following to wit This indenture made and entered into by and between Peter C Harris of the One part and Marshall H Hook of the other part Witnesseth that the Said Peter C Harris for and in consideration of the Sum of One [In Margin (Deeds from Harris to Hook)] Dollar to him in hand from and for the futher consideration & hereafter mentioned by the Said Marshall H Hook has granted bargained and Sold and by these present do grant bargain & Sell unto the Said Marshall H Hook in trust and for the purposes herein after Expressed the following described real Estate and Personal Property as follows the south half of Section nineteen in township Sixteen & of range twenty five Section thirty, and South Half of Section twenty in Township Sixteen and of Range twenty five House & Lot in Tuskegee upon which the Said Harris now resides containing two acres also the following named negro Slaves Albert, [Britow], Little Ben, Calvin, George, Joshua, Levi, Wright, Willis, Marshall ,Simon, [Olive] Elias Bob, Clark, Jesso, Henry, Ned, Hambleton, McIvy, Celia Cintha, Ester Evaline, [?enrico] Indo, Jane, Julia, Hamilton, Lotty, Louisa, [Quinney] Mary, Mariah, Baldwin, Hariat, Wilson, Marinda, Nelly, Rose, [Clovisa] Ellen, Susan, Martha,Catharine Paralleo Amanda, Betty Nancy, Mahla, Massey, To have and to hold the above described property to the Said Marshall H Hook in trust and for the
