Johnson et als. v. Culbreath

29

Crop Bill L N Cannon

who afterwards intermarried with Joel Cannon, Elijah Culbreath Malcolm Culbreath Angus B Culbreath & Niven D.S. Culbreath the complainant in said bill who was the youngest child, that Malcolm M^cPhail afterwards died & his estate has been settled up that the negroes to wit Leah & her children remained some time in the possession of the father of said children afterwards, that in the year 1840 the said complainant & his brothers & sisters emigrated to this state bringing said negroes with them, that in 1841 Barbara Culbreath intermarried with Joel M Cannon, that at this time the negro woman Leah had the following children, Ann, Stephen Mary Margaret & William that these negroes that in May 1844 Joel M Cannon died leaving one child Evander Cannon & his widow Barbara Cannon, that January 1846 a division of said negroes was made which complainant charges to be unequal illegal & not intended to be final that by said division the said negro woman Leah and Ann were assigned to Barbara Cannon & the assignment of the others is particularly setforth in the Bill that complainant was not twenty one years old at the time of the division that since that time the negro girl Mary was sold by excecution against Elijah and Malcom Culbreath and at said sale William Johnson became the purchaser who has her in possession & claims her as his property and that since the purchase Mary has given birth to a child, that Barbara departed this life in August 1846, that W^m J. Willis was appointed Adm of her estate and has the said negroes allotted to her in possession Malcolm Culbreath Elijah Culbreath Angus Culbreath William Johnson & W^m J Willis Adm of the estate of Barbara Cannon are made parties defendant to said bill and the complainant prays for a division of said negroes among his brothers & the said Willis as Adm as aforesaid or that the negroes be sold & the procceds distributed. Your orator further states that on the 20^th of Sept.

30

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

Crop Bill L.N. Cannon

1847 the complainant Niven D.S. Culbreath filed an amendment to his said original Bill and by said amendment avers that Larkin N Cannon ( your orator) was appointed Adm of the estate of Joel M Cannon the the day of 1847 and had commenced our action of Trover against W^m J. Willis for the negroes recovery of the value of the negro woman Leah, Ann & her other child, that said suit was then pending in the circuit court of Benton Co your orator is made defendant to said amended & orginal Bill. Your orator further sheweth unto your Honor that on the 5^th of February 1848 W^m J Willis Adm of the estate of Barbara Cannon deceased filed his answer and Crop bill against all his Co. Dfts and the complainant in said amended & original in which among other allegations in relation to said negroes Leah & her childen & the distributies not materially different from the statements in said original bill, he alledges that the suit of Trover against him by your orator as Adm of the estate of Joel M Cannon deceased terminated at the fall term of the circuit court of Benton County in the rendition of a Judgement against him in favor of said Larkin N Cannon your orator for the sum of two hundred and forty three dollars one fifth of the estimated value of Leah, Ann & child named William Marcus, which said negroes he has in possession he avers that he has paid off said judgement & insists that by so doing he is substituted to the rights of Joel M Cannon in his life time & of Larkin N Cannon his Adm since his death in the negroes Leah Ann William Marcus & an infant child of Ann born since the termination of said suit & that by said judgement he is now the owner of an undivided fifth part of said negroes he prays that the negroes Leah, Ann William Marcus & the infant child be sold and divided into five equal parts & that one part be decreed to him the said W^m. J Willis & the other parts to those entitled to the same. Your orator further sheweth unto your Honor that he adopts all the allegations of the said original bill of Niven D.S. Culbreath as to the making of the

31

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

Crop Bill) L.N. Cannon

will of the said Malcolm M^cPhail in the state of North Carolina & prays that they be taken as a part of this his crop bill as though the same were here inserted also the intermarriage of the said Barbara Culbreath with his intestate Joel M. Cannon Also that the children of Flora Culbreath are correctly stated & the increase of the negro woman Leah. Your orator also avers that several years ago the negro woman Leah & her childen were brought to this state along with the children of the said Flora Culbreath by John M^cPhail who was the escecutor of the last will & testament of the said Malcolm M^cPhail, that upon the intermarriage of Barbara Culbreath with Joel M Cannon the negroes were delivered up by said John M^cPhail to the said Joel M Cannon & Elijah Culbreath who from that time controlled the same and your orator insists that by said intermarriage of the said Barbara with Joel M Cannon & possession of the said negroes by the said Joel he became intitled to the interest of an individed fifth part that up to the death of the said Joel M Cannon the negroes were either hired out by the said Joel M & the said Elijah for the benefit of all the distributies the younger children sometimes receiving their share of the proceeds in notes made payable to them taken by the said Joel M & Elijah and sometimes in board & washing &.c. Your orator further states that after the death of the said Joel M Cannon and about the first of January AD 1846 a division of said negroes was had by Barbara Cannon & all or a part of her brothers that there was at the time no administrator of the estate of Joel M Cannon appointed, and from information and belief your orator states that Niven D.S. Culbreath the complainment in said original & amended Bill was not 21 years of age, by said division Barbara Cannon received as her share Leah & Ann Malcolm & Elijah Culbreath received the negroes Mary & WIlliam, Angus B Culbreath received Stephen & Niven D.S. Culbreath received Margaret but no representatiave of Joel M Cannon was present at said division & no one in escistence. Your orator further sheweth unto your Honor that at an orphans court for Benton County held

32

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

Crop Bill L.N. Cannon

November 1846 he was appointed Administrator of the estate of Joel M Cannon as will appear by reference to the records of said Court a copy of which order is hereto attached marked "Eschibit A" & prayed to be taken as a part of this his Crop bill & thus your orator insists became entitled as such Adm. to an undivided fifth interest in the negro woman Leah and her increase. Your orator states that he commenced an action of Trover against W^m J. Willis for the conversion of the negro woman Leah Ann & child and at the fall Term of the Circuit Court of Benton Co as administrator of Joel M Cannon recovered against said Willis the sum of two hundred & forty three dollars the estimated fifth part of the same that the said William J Willis has paid and satisfied said judgement. Your orator also avers that the said William J Willis has the said negroes Leah Ann William Marcus & child of Ann born since said judgement in possession, that Angus B Culbreath has Stephen in possession, Niven D.S. Culbreath has Margaret in possession, William Johnson has a negro girl Mary & a child in possession which he bought under an escecution against Elijah or Malcolm Culbreath or both, that all of said negroes are the increase of the said Leah bequeathed as before stated by Malcolm M^cPhail to then children of Flora Culbreath. Your orator prays that his co defendants Elijah Culbreath Malcolm Culbreath Angus B Culbreath William Johnson & W^m J Willis &.c. be made defendants to this his crop bill & also the complainant Niven D.S. Culbreath that subpoena issue to them requiring them to be & appear on a certain day therein named & true full & perfect answers make to this Crop Bill, that this Crop bill be taken as a part of the case of the said Niven D.S. Culbreath against your orator & others and be heard at the same time with said original Bill that upon a final hearing of said cause a division of the said negroes prayed for by said original Bill may be had, and that upon such division your Honor would decree to your orator as administrator as aforesaid one fifth part of the same or an

33

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

Crop Bill L N Cannon

interest of one fifth of the proceeds of the sale should your Honor decree a sale of said negroes Escept in the negroes Leah Ann & William Marcus which fifth part he has received by the satisfaction of the judgment before mentioned against the said W^m J. Willis and that your orator as administrator as aforesaid may have such other & further relief as the nature of his case may require & as may be agreeable to Equity & good conscience and as in duty bound he will ever pray &.C. Foster & McCampbell Sols. for Cannon Adm.

"Eschibit A"

Orphan's Court Novr. 6-1846 Came Larkin N Cannon & entered into bond with Samuel P Hudson & Daniel Nunnally his securities in the sum of two thousand five hundred dollars as administrator of the estate of Joel M Cannon decsd. late of said County. It is therefore ordered by the court that the said bond be approved & filed, & that letters issue to the said Larkin N Cannon as administrator of the estate of said Joel M Cannon decsd. A true copy from the minutes. A. Woods Clk.

Filed Feb 13th 1848 R.G Earle Register

Subpoena

The State of Alabama Benton County To any sheriff of the state of Alabama- Greeting You are hereby commanded to summon Elijah Culbreath, Malcolm Culbreath, Angus B Culbreath, William Johnson & William J Willis Adm. &.C. and Niven D.S. Culbreath personally to appear before me, Register & Master of the Chancery Court, holden for the 39^th district in the town of Jacksonville & the County aforesaid & within thirty days nesct after the service of this subpoena then & there to answer the allegations charged, & the interrogatories contained in the Crop bill of Complaint against them filed in said Court by Larkin N Cannon Adm. &.c. Joel M Cannon decsd. Herein fail not & due return make of this writ within the said thirty days. Witness Richard G Earle Register of our said Chancery Court at his office in Jacksonville this 18th day of May in the year of our Lord 1848 and of American Indepedence the 72 year R G Earle Register &.c.