Johnson et als. v. Culbreath

104 Johnson et.al.v.s. Culbreath et.al

Opinion & Decree

Should the complainant think proper to amend his bill, he would do well to escamine the deposition of Elijah Culbreath and see in whose possession the boy will is now-to be found, as it may be necessary in relation to that slave to make another or other parties. Let the following order be entered & decree enrolled. It is ordered that complainant have leave to make John M^cPhail a party defendant to said bills. It is further ordered adjudged & decreed, that the crop bills of W^m J Willis & of Larkin N Cannon adm of Joel N. Cannon decd. be dismsfsed & that they respectively pay the costs of said crop bill to be tasced by the Register D.G. Ligon Chancellor

The parties having consented that said M^cPhail shall be made a party deft & that the paper purporting to be his answer shall be regarded as his answer, duly filed, and they further consenting to the trial of the cause upon the proof on file with an objection on the part of Johnson to reading the deposition of the said M^cPhail in the score of his incompetency. M^cPhail is competent to prove the age of complainant and his own possession of the slaves, and the manner & character of the possession but so far as his testimony goes to esconerate him from liability to the children of Flora Culbreath on account of any mismanagement of the estate it must be esccluded The case must go to the Master to state on account & ascertain how may of many of the slaves are now within the juridsiction of the court and in whose possession they are found as well as to take an account of the value of the hire of said slaves so far as they are in the possesseion of the parties to this suit since the 1^st day of January 1846. And order must also go restraining those who are in pofsefsion from disposing of the slaves so possessed or removing them out othe jurisdiction of the Court Let the following orders be entered. It is ordered that the Master ascertain & report to the court how

105 Johnson et.al v.s. Culbreath et al.

Opinion & Decree

many and names of the slaves subject to distribution among the children of Flora Culbreath are now within the jurisdiction of his Court, in whose possession they now are, their ages & value with the value of the annual hire of each since the year 1846 and who is liable to account for such hire He will further issue an order to the several parties to this suit in whose possession said slaves may be enjoining & restraining them from removing them out of the jursdiction of the court or otherwise desposing of them. He will report his proceedings in the premises to the nesct term of this Court D.G. Ligon Chancellor

State of Alabama| Benton County ss. | I, Richard G. Earle Register of the Chancery Court for the 3 (?) Chancery District of said State held in said County , due hereby Certify, that the foregoing pages contain a true and perfect transcript of the proceedings of a cause lately depending in said Court, and therein heard & determined, wherein N. D. S. Culbreath is Complt & W J Willis et al are respondents in the (?) (?) Bill, & W. J. Willis is Complt & W^m Johnston et al are respondents in one Crop Bill- and L. N. Cannon is Complt & W. Johnston et al are respondents in the other Crop Bill, as fully as appear to me of Record

{LS}

In Testimony Whereof I have hereunto set my hand and Affixed the seal of Said Court at Office, this the 29" day of June A. D. 1850 and of American Independence the 74" Year R.G. Earle Register

106

Johnson et al| vs Canon Error| Culbreath et al|

In Supreme Court January Term A D 1857

And now at Deft in Error the above stated Term of the said Supreme Court (?) William J Willis are of the complainants, in Error and assigns forever 1=That the chancellor, in Dimissing his Crop Bill, which dismissed of said Crop Bill is found in the Chancellor Decree at Page 102 of the record 2= That the Chancellor, further) erred in not decreeing in favor of the) said William J Willis on the entire record 3= That the Chancellor further erred in not decreeing to the said William J Willis, the amount of money, paid out to Larkin N Cannon advanced (?)) on the suit, marked exhibit B at Page 21 of the record. Belser & Harris, Solicitors for (?) on (?)= liam J Willis And at the same term comes William Johnson one of the Defts & assigns as says there is manifest error in the Record & assigns the following (?) 1, The Chancelor erred In decreeing that the witnesses M^cPhail & Elijah Culbreath (?) witnesses 2,In decreeing tht the Infancy of Complt is sufficiently proved, of the property 3. That the Division of the property in 46 was not good & binding on Compt in Orginal Bill (?), In decreeing that the Compt was not (?) by his admissions as to his age, & the fairness of the Division, made subsequent to the Division, 5 In decreeing that the Deft Johnson took no title by his purchase at escecution sale.

6. In not decreeing that Johnson did not take a perfect title to the slave purchaser 7. That he did not take 1g that sale the interest of the defts in Escecution by said sale. 7. The Chancellor erred as shown by The Decree, 8 In not dec= 2B Martin seeing in accordance with the pray Sol for Johnson of the Oregianal Bill

Writ of Error

The State of Alabama.

To the Register of the 39^th Chancery District Greeting: Because: in the record and proceedings, and also in the final decree of the Chancellor in the Chancery Court of said state held for said District, manifest error has intervened to the great damage of William Johnston & William J Willis in a certain cause therein late by decided by the Honl. David G. Ligon Chancellor &c. wherein N. D. S. Culbreath is Complainant and William et al are respondents in the Original Bill and W^m J Willis adm. are Respondents in a Crop Bill. and also. Larkin W,Cannon is Complt in another Crop Bill and(?) and William Johnston, Willis Et al are respondents as we are informed by complaint of the by the said Johnston and Willis. we believing being willing that the error, if any there be, should in due manner be corrected, and fully and speedy justice done the parties in this behalf, do command you to send to the Judge of the Supreme Court openly and directly under your hand and Seal of Said Chancery Court the Records and proceedings of due cause aforesaid, with all (?) concerning the same, and the writ; so that they may have the same before the Supreme Court of Alabama at the City of Montgomery at the June Term of said court 1850. That the records and proceedings aforesaid being inspected, we may cause to be further done thereon for correction of said Error, what of right & according to Law ought to be done Witness Richard G. Earle Register of Said Chancery Court. done 27 day of May 1850 R.G. Earle Register &c Issued 27 day of May 1850 R. G. Earle Register &c