Johnson et als. v. Culbreath

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Johnson et. al. vs Culbreath et. al

Subpoena

personally to appear before me, Register & Master of the Chancery Court, holden for the 39th district in the town of Jacksonville, and the County aforesaid and within thirty days next after the service of this subpoena, then & there to answer the allegations charged, and the interrogatories contained in the bill of complaint against William Johnson, Agnes B Culbreath William J Willis adm(?) and the said Malcolm Culbreath & Elijah Culbreath. Herein fail not, & due return make of this writ, within the said thirty days. Witness: William H Estill Register of our said Chancery Court, at this office in Jacksonville this 12 day of June in the year of our Lord 1847 and of American Independence the 71 year J. B. Martin Register Rcd. in office June 25th 1847 W.P. Newell Shff Executed June June 28th 1847 W.P. Newell Shff Randolph Cty Returned June 28th 1847 W.P. Newell Shff of Randolph Cty.

Amended Bill

To the Honorable David G Ligon Chancellor of the 39th Chancery District of the Northern Chancery Division of the the State of Alabama Humbly complaining your orator Niven D.S. Culbreath respectfully represents unto your that on the 12th January 1847 he filed his original Bill in the Chancery Court of said Chancery District against William J Willis administrator of Barbara Cannon, Elijah Culbreath and William Johnson. Your orator now by leave of your Honors Court first had & obtained files this as an amendment to said bill and prays that this may be

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Johnson et. al. N.J. Culbreath et. al. Amended Bill deemed & considered as an amendment of the original bill. Your orator by may of an amendment to said bill makes the following allegations: After the intermarriage of Joel M. Cannon with Barbara Culbreath Joel M Cannon had protection of Leah & William. sometimes called Billy, a part of the negroes mentioned in complainants bill & continued protection of Leah. and of William a part of the time after the death of Joel M. Cannon. his widow Barbara Cannon was in protection of the negro woman Leah + her child Ann, & Leah all the time, and Ann something near a year before the death of the negro girl Ann had a boy child named William Marcus before the death of Barbara Cannon, which together with Ann + Leah was in the protection of Barbara Cannon at the time of her death, since the death of Barbara Cannon Leah, Ann and her child have been & are still in the protection of William J Willis administrator of the estate of Joel M. Cannon deceased. On the day of A.D. 1847 Larkin W Cannon was appointed administrator of the estate of Joel M. Cannon deceased and after the appointment of said Larkin W Cannon as said administrator to wit on the day of A.D. 1847, he as said administrator commenced an action of trover for the recovery of the value of the negroes Leah, Ann and her child William Marcus against William J. Willis who holds them as the administrator of Barbara Cannon decreased. The said suit is still pending in the Circuit Court of Benton County, and said Larkin W Cannon claims Leah, Ann + her child as belonging to the estate of Joel M. Cannon deceased, and claims a share of said negroes. Your orator prays that the said Larkin W Cannon as said administrator may be made a party defendant to this bill be amended by all the defendants to the original suit and the defendant herein above names may to the best of his knowledge and belief

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Johnson et.al. vs Culbreath et al

Amended Bill

answer all the allegations of the original and amended bill and that your orator may have the relief prayed for in his orginal bill and your orator will ever pray &. C. Walker & Walker Complainants Solicitors

Notice for order to Amend

To Messrs William J. Willis administrator of the estate of Barbara Cannon deceased. William Johnson, Malcolm Culbreath, Agnes B Culbreath, and Elijah Culbreath. You are hereby notified that I will on the first monday in October next apply to R.G. Earle Register in Chancery for the 39th Chancery district Northern Chancery division at this office in the town of Jacksonville for an order allowing the amendment hereto annexed to the bill filed in the Chancery Court of the said Chancery district by me against you on the 12th Jan. 1847 You can appear & resist said motion if you choose Jacksonville 18th Sept. 1847 Niven D. S. Culbreath

Return

Executed the within notice & amendment on Wm J. Willis, Agnes B Culbreath, & William Johnson by handing a copy to each of them 27th Sept 1847 W. J. Willis Shff By T. E. Montgomery D. Shff

Filed in office Oct. 4 1847 R.G. Earle Register

Recd in office Sept 20th 1847 Executed the within amendment and notice on Malcolm Culbreath, & Elijah Culbreath by leaving a copy of the orignal with them. the other defendants not found in my County Sept 21st 1847 W.P, Newell Shff R. C. By his Dept. W. J. Prichett

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Johnson et. al. vs. Culbreath et. al.

Order to Amend

Monday 4th day of October A.D. 1847 at Rules before the Register Niven D. S. Culbreath| vs.| W.J. Willis Adm &c et. al.|

This day came the Complainant by his solicitor and moved the Register for leave to amend his original bill, and it appearing to the satisfaction of the Register that the defendants had had five days notice that such motion would be made according to law & the rules of this Court, and also five days notice of the proposed amendment, and that they failed to say anything why such amendment should not be made. It is therefore ordered by the Register that the complainant have leave to file an amendment to his said bill and the amendment this day filed in Court is hereby allowed R.G. Earle Register

Ans. of W.J. Willis

In Chancery| The seperate answer of William J Willis Sheriff of Benton County & ex officio administrator of the estate of Barbara Cannon deceased to an original bill filed by Niven DS. Culbreath against Malcom Culbreath, Elijah Culbreath, Agnes B Culbreath, William Johnson and said William J Willis as said administrator & also to the amended bill in the same cause of the same Complainants against the same defendants & one Larkin (?) Cannon admr. J.C. both in the Chancery court of the 39th Chancery District of the northern Chancery Division of the state of Alabama. This defendant now & at all times hereafter saving & reserving to himself the benefit & advantage of all & all manner of exceptions that can or may be had to the many errors uncertains & other imperfections in complainants bill contained, for answer thereunto or unto so much & such parts thereof, as he is advised it is in any wise material for him to make answer unto, answering this defendant saith. That of his own knowledge he knows nothing of Malcolm McPhail of his making a will of his death of his

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Johnson et al vs Culbreath et. al.

Ans. of W. J. Willis

death- of the relationship of complainant or his brothers & sister to him, of the conveyance of the negro woman Leah by the will of said Malcolm McPhail to the children of Flora Culbreathof the possession of the negro woman Leah or her children or grand children until after the death of Barbara Cannon- of the removal of said negroes to this state- or of the manner in which they were possessed or controlled, or by whom they were so possessed or controlled until after the death of Barbara Canon. This defendant had no connection with the said negro Leah or any of her descendants until after the death of Barbara Cannon, and consequently knows nothing of his own knowledge of any fact stated in complainants bill which has it date anterior to that event-. On or about the 17th August 1846, Barbara Cannon died in Benton County leaving an infant chld named Thomas Evander, the fruit of her marriage with Joel M. Cannon as this defendant is informed & believes. Joel M. Cannon departed this life in Benton County some time beore the death of Barbara Cannon- This defendant does not now know precisely how long Barbara Cannon at the time of her death had in her possession the negro woman Leah, her child Ann, and William Marcus an infant child of of Ann, besides a few articles of house hold & kitchen funiture some cooking vessels & a few cattle, of little value. A short time after her death, her will a copy of which is hereto annesced marked eschibit A" and made a part of this answer, was proved & established & admitted to record in the orphans Court of Benton County. The escecutor appointed in the will failed to qualify as such and therefore this defendant being the Sheriff of Benton County was by the Orphans Court aforesaid appointed administrator cum testamento annesco of the estate of the said Barbara Cannon, and as such took possession of the property above named, including the said negroes Leah and Ann & her child William Marcus. This defendant

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