Johnson et als. v. Culbreath

34

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

Subpoena

Recd. in office 18^th May 1848. C. Sublett Shff Esccuted in all but Malcolm Culbreath not found 17^th June 1848. C. Sublett Shff

Answer of Elijah Culbreath to original Bill

The seperate answer of Elijah Culbreath to the Bill of complaint filed in the Chancery Court of the 39th Chancery division District of the Northern Chancery Division of the state of Alabama by Niven DS Culbreath against William J Willis adm. William Johnson Elijah Culbreath & Malcolm Culbreath and Angus B Culbreath The Defendant Elijah Culbreath saving & reserving unto himself all escceptions & right of escceptions for answer unto said bill of complaint, or unto so much (?) such parts thereof as he is advised it is material or necessary for him to make unto, answering the defendant saith. The death & residence of Malcolm M^cPhail the grand Father of this defendant are correctly set forth in complainants bill. This Dft believes the will is also correctly described & set forth in said bill of complaint. Flora Culbreath died about two years before the death of Malcolm M^cPhail, and the children whom she left are correctly described in complanants bill. Daniel Culbreath Dfts. father died twelve years ago last March in the state of North Carolina without other children than those named in the bill of complaint. This Deft knows nothing of the qualification of the Escecutor & Escecutrive of the said will or of either of them, but the debts of the intestate Malcolm M^cPhail were all paid off without resort to the negroes mentioned in Complainants bill at the death of Malcolm M^cPhail's death Leah & her children were hired out annually for two years to Daniel Culbreath This Defts father. After two years Daniel Culbreath kept Leah & her children, as is believed with out hire, because the family of negroes had increased and it was worth their services to support them. John M^cPhail assisted this defendant & his brothers and sister in moving to this state & after our arrival in Alabama hired out the negroes, Leah & her children & took the hire to reimburse himself for one year after

35

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

Ans. Elijah Culbreath Original bill

that Barbara Culbreath & this defendant hired out a part of the said negroes, and used the remainder when Barbara Culbreath married Joel M Cannon, which was sometime in 1842, Joel M Cannon and this defendant hired ourt said negroes in 1842 & 1843. In 1844 this defendant hired out said negroes himself. In the latter part of 1844 this defendant sold for a good, sufficient & valuable consideration his interest to Malcom Culbreath, in said negores & since that time this defendant has not had and does not at this time have any interest in said negroes. After that this defendant had nothing more to do with said negoes & knows nothing more responsive to the bill. And now the negoes Leah & her children are correctly described in complainants bill. Complainant did not arrive at the age of 21 years until some time last February. Having fuly answered this Deft. pray to be hence dismissed with his proper costs Walker & Martin Walker sols for Dft The State of Alabama, Benton|

Jurat

Personally appeard before me, Elijah Culbreath who being duly sworn deposeth that the matters set forth in the foregoing answer are true. Sworn to & subscribed| before me this 25th July 1847| J. B. Martin Register &.c| Elijah Culbreath Agreement of Counsel

For Elijah Culbreath I agree that the above answer shall be deemed & considered an answer to the amended bill. Decr. 20^th 1848 Walker solicitor for Elijah Culbreath

Filed this the 25th July 1847. J B Martin Register &.c. Filed in office Oct 4 1847. R.G. Earle Register &.c. Answer of William Johnson to a bill filed in the Chancery Court for the thirty ninth District of the Nothern Chancery Division of the State of Alabama on the 12^th June 1847 by Niven D.S. Culbreath against this respondent, William J Willis adminstrator

36

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

In Ans. William Johnson to original & amended bill

&.c. of Barbara Cannon, Malcolm Culbreath & Elijah Culbreath. and to complainants amended bill against the same parties filed on the 4^th day of October 1847 This defendant now & at all times hereafter saving & reserving unto himself all benefit & advantage of escception, which can or may be had or taken to the many errors, uncertainties & imperfections in the said complaints in the said original & amended bills of complaint contained, for answer thereto or so much & such parts therof as this defendant is advised is or are advisable for him to make answer unto this defendant answering saith As to the relationship of complainant with Malcolm M^cPhail, the death of said M^cPhail in the State of North Carolina the making of a will prior to his death, its publication proved & being admitted to Probate before the Court of pleas & quarter sessions or that it is the proper court according to the laws of the state of North Carolina for the authenticaton & probate of wills & testaments or that "Eschibit A" attached to complainants bill is a true copy of the last will & testatament (if any such ever escisted) of the said M^cPhail this defendant has no knowledge, information or belief, esccept as he is informed by complainants bill & he therefore demands strict proof of all & every such allegations in complainants bill contained. This respondent knows nothing of the bequest by the said Malcolm, of the negro woman Leah & her increase to his daughter Flora Culbreath nor as to the conditions or provisions of said will as to the time and manner of dividing said negores. This defendant is wholly ignorant as to the many & varous specifications in said bill contained as to the appointment of Escecutrise & an escecutor of said will the time and place of Flora Culbreaths decease as well as that of her husband Daniel Culbreath. This respondent knows nothing of said negores having been in the possession or under the control of John M^cPhail nor for whose use or benefit they were so possessed. or controlled & employed nor of the time when the said John M^cPhail emigrated to this state, nor who brought said negroes from the state of North

37

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

Ans. William Johnson to Original & Amended bill

Carolina, to this state, nor by whom, nor for what purposes they were employed for some considerable time in this state, nor of the date when the said M^cPhail ceased to have any connections with or control over said negroes, This respondent being personally ignorant & only advised by rumor & complainants bill of the intermarriage of Barbara Culbreath with Joel M Cannon can not admit the fact but calls for strict proof of the same. this defendant is ignorant as to the number & names of the children of the said negro woman Leah, as well as the number name & value of the negroes given to each distributee, heir or child of the said Flora Culbreath, at the division spoken of & alledged to have been made in complainants bill of complaint, esccept as he is informed by said bill, with other information hereinafter mentioned. This defendant has been informed that Barbara Culbreath charged in complainants bill to have been married to one Joel M Cannon is dead & that William J. Willis Sheriff of Benton County is esc oficio administrator of her estate , but this defendant is not cognizant of the date of her death the name or names, or number of children she left or the number or names, or description of the negroes which he received or has in his possession, nor the character of the title which he asserts to them. Of the various matters & things charged & stated in complainants amended bill, this defendant is unadvised escept from rumor & the said amended bill, and therefore can not neither deny nor admit them to be true, but calls for proof. This respondent has been informed, believes & therefore answer that the number & names of the children of Flora Culbreath are correctly set forth in complainants original bill & that the cmplainant Niven D.S. Culbreath is the youngest child of said Flora as stated in said bill This defendant further anwering admits that (of which he is informed & believes) on or abour the first day of January AD. 1846 there was a division of the said negores mentioned in complainants bill, between the children of the said Flora (they being five in number) which said division was had as this defendant is informed & believes, & therefore states by

38

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

Ans. William Johnson to originial & Amended bill

by the procurement & consent not only of the four children Barbara, Elijah, Agnes vs & Malcolm Culbreath, but by that of the complainant Niven D.S. Culbreath all of whom as this defendant is informed & believes were present, and especially is he informed & does he believe & therefore state that the complainant was present assenting to the manner & escpressing satisfaction with the result of said division. This defendant denies upon information & belief that said division was unfair, unjust or that any fraud was practiced upon the complainant in said division of which he has not only been informed by others but of the truth of which he is convinced by the most positive proof declarations of the said complainant made since that time under circumstances well calculated to elicit the truth. This defendant does not admit but most confidently denies the complainant was a minor & under the age of twenty one years at the date of said division. And therefore answers to the contrary that he was, at that time of full & lawful age as this defendant escpects to show by proof at the final hearing of this cause, that the negroes were fairly divided according to thier estimated value at that time, & that the complainant concurred in & escpressed his satisfaction at the result of the same. Respondent is informed & believes & therefore admits the purchase of the interest in said negroes by Malcolm from Elijah Culbreath. This true as stated in complainants original bill that the negro girl Mary was sold under & by virtue of an escecution issued upon a judgment rendered against Elijah & Malcolm Culbreath in a Justices Court in the County of Randolph & state of Alabama at which said sale, under & by virtue of said escecution this defendant became the purchaser on or aboub the day of November 1846 and has had her in possession ever since claiming her as his own under & by virtue of a bonafide purchase made at what he was informed & believed & yet believes to have been a fair sale, The demand upon which said judgment was rendered was a promissory note made by Elijah & Malcolm Culbreath & hence the interest of both was sold at said sale & purchased