Jones' Executors v. Hoskins

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[The following text is upside down relative to the top of the page.] An.s to 5^~ Int. "The Negroes Sarah, Swift, & Martha went with me to Mr Jones after my Marriage with him, And remained there until after his death, they remarried on the plantation until the Sale, I being prohibited by Jacob Haigh from removing them," Int 6^~. How many were the increase of Said Negroes up to the time of the death of Said Jones, What the Sames of Said Negroes name them all, their respective ages and Values? Answer to 6^~. The increase of Said Negroes were three, Jackson a boy, eight years old, At the death of Said Jones, Harriet a Girl about five years old, And Silvey about ten years old, As to their Value they were worth as muchy as Any others of the Same age, the whole number Six, Selling at the Sale of Said Jones for the Sum of $5571." Intg 7⁼ State whether Said Negroes were family Servants And were raised by you. What Are their peculiar qualities? Ans. to 7^~ Intg. "They were all family Servants, and were raised by my Self about the house, they had no peculiar qualities except being favorite Servants, the woman Sarah, being a fine Cook, Washer, and Ironer," Int 8^~ what were your motives in retaining possession of Sarah, Swift, and Martha, And a life estate therein? Answer to 8^~ Intg, "My motive for retaining possession of Said Negroes was that at the time upon deed was executed I was Keeping a boarding house in Tuscumbia, And Could not will do without them, And it was the wish of my son, that I Should retain the possession of them," Int 9^~ Have you ever heard Any of your Co defendents Say Any thing of Complainants interest in Said Negroes, if So, State what? Answer to 9^~ Intg. "I heard George W Carroll Since the death of Arthur Jones, Say that in a Conversation he had with

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Arthur Jones, at a time that I was very Sick And not expected to live, that the negroes I ahd in possession when he Married me, and which were then in his possession, after my death belonged to my Son William S. Hoskins," 10^~ Intg. "If you Know Any thing else Material State it? Answer to 10^~ Intg. " I Know nothing else except that at the time of the Sale of Arthur Jones estate, And when the three negroes Sarah Swift And Martha were Sold, the three were with at least thirty five hundred dollars, And would no probably Command that price, the other three, the increase, I would Say, were worth at that time at leas One thousand dollars Sworn to And Subscribed the 15^~ April 1840 Jesse Croom Commissioner } Nancy Jones The State of Alabama } I Jesse Croom, Commissioner aforesaid to Franklin County } hereby that I Caused to Come before me on the day and year mentioned in the Caption hereof And at the place and Time therein Stated the above named Nancy Jones, And after having duly Sworn her to Speak & the truth the whole truth in relation to her Knowledge of the matter in Controversy in Said Cause, in the caption hereof Stated, did truly and Correctly transcribe her answers to the Interrogatories therein Contained, in my own hand writing. As witness my hand and Seal the 15^~ day of April 1840. Jesse Crom [Seal] "Opened by Consent S. W. Probas Co, P. Wacker & Cooper" Exceptions to } William S Hoskins } The defendants hereby Signify, and make their Nancy Jones } vs } In Chancery } objections to the reading of the deposition of Deposition } Jn^o W Jones J Haigh } Nancy or Ann Jones upon the hearing of the and other defendants } above entitled Cause, 1^st Because She is a Co= =defendant whose deposition Cannot be taken without An order of Court, or of the Judge to Authorize it, 2^d Because if Complainant has any right whatever to the Salves in question, that right is derived from witness, who has Consequently a direct interest in Sustaining that

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[Following text is upside down relative to the top of the page.] 2 } right, and other objections too numerous to be Set down Walker & Cooper Sol^s. P. R

Commission } The State of Alabama } Northern Chancery Division, To John take depo.^s } Six th Chancery District } C Simpson Esq^r Commission in the County Nancy Jones } of Franklin in the State of Alabama Greeting l Merideth } Know ye that we in Consideration Confidence of you prudence B Hogan } and fidelity do hereby Commission, authorize and require you to Call and Cause to Come before you at the dwelling house of John Hogan Esquire in the County of Franklin onthe 4^~ day of September 1840 Nancy Jones, Samuel Meredeth, A William B Hogan, And them after being first duly qualified dilligently examine touching their Knowledge respecting the matter in difference between the parties in a Suit in our Court of Chancery now pending. Wherein William S Hoskins is Complainant, and John W Jones and others Are defendants, in behalf of the Complainant, and their examination So taken from under your hand and Seal Send Certified to the Register of our Said Court to be holden for Said Sixth Chancery district At the Court house in the town of Moulton in the County of Lawrence on the first Monday after the fourth Monday in November next, Witness James Gallagher Register of our Said Court at office in the town of Moulton this 31^st day of August 1840. And of American Independence the 64^~ yearIssued the 31^~ day of August 1840 Test James Gallagher Register,

Let two days notice be given of the time and place of taking the above deposition, James Gallagher Register,

William S. Hoskins Notice } Vs } In Chancery at Moulton The Exr.^s & heirs of A Jones } Peter Walker & Wm Cooper Esqr.^s or either

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53 } of you as Counsel for defendants in the above Sighted Case you Are hereby notified that Complainant will on the 4^~ September 1840 at the dwelling house of John Hogan in Franklin County Ala, take the deposition of Nancy Jones, Samuel Meredith, And William B Hogan to be read in evidence on the trial of Said Cause, on the part of Complainant, Sept 1^st 1840 Hopkins & Parsons, Probares Sol for Complainant Copy handed to me this the 1^st Sept 1840 Wm Cooper one of the attorneys for Roberts

Release from } For and in Consideration of five dollars to me in hand paid Hoskins to } and for other good and Sufficient Consideration to me paid Nancy Jones } by Nancy Jones before the Sealing and delivery hereof, I do hereby release the Said Nancy Jones from all and every liability to me on Account of Any express or implied warranty of title Contained in a deed of gift from her whilst Nancy Hoskins, of Sundy Slaves Viz Sarah, Swift, Martha, Haywood and Miranda, by Virtue of a deed dated 20^~ day of Nov 1828 And further hereby release her from Any And every Cause of action Which I have or may hereafter have on account thereof, as witness my hand and Seal this 4^~ Sept 1840 Test Saml Meredeth, W B Hogan } Wm S Hoskins [Seal]

Desposition of } The State of Alabama } In pursuance of the Annexed Commission Sam^l Meredeth } Franklin County } to me directed by the Register of the Chancery Court at Moulton I have Caused to Come before me on this fourth day of September 1840 at the residence of John Hogun Esqr in the County aforesaid Samuel Meredeth and William B Hogun witnesses on the part of the Complainant in a Cause now pending in the Chancery Court for the Sixth Chancery District at Moulton in the County of Lawrence, State of Alabama, in which William S Hoskins is Complainant

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[The following text is upside down relative to the top of the page.] And John W Jones And others Are defendants, on the part of Complainant in Said Case, Samuel Meredeth first having been duly Sworn Saith as follows, 1^st. Are you acquainted with the parties to this Suit? Answer " Yes." 2^d Are you a Subscribing witness to a deed of released herein enclosed marked, A. upon its back, dated the 4^~ September 1840, if So did you See it Signed, & delivered by Complainant to Nancy Jones? Answer, "I Am a Subscribing witness to the Execution of Said deed, And Signed the Same as Such, And I saw it executed And delivered by Said William S Hoskins to Mr.^s Nancy Jones on the morning of the day it bears date, about a half An hour before the execution of this deposition, Saml Meredeth, Sworn to and Subscribed before me this the 4^~ day of September 1840. } Jno C Simpson Commissioner

Deposition of } William B Hogan next being duly Sworn Saith As follows, William B Hogan } question 1st. Are you acquainted with the parties to this Suit? Answer. "I am." question 2^d. Are you a Subscribig witness to a deed herein enclosed marked A. upon it back dated the fourth of September 1840, if So did you See it Signed And delivered by the Complainant to Nancy Jones? Answer "I am a Subscribing witness to the execution of Said deed and Signed the Same as Such, and I Saw it executed And delivered by Said William S Hoskins to Mr.^s Nancy Jones on the day it bears date in the morning about a half an hour before the execution of this deposition, W. B. Hogan. Sworn to & Subscribed before me this the 4^~ day of September 1840 } Jno C Simpson Commissioner Certificate } The State of Alabama Franklin County } I John C. Simpson Commissioner named