Jones' Executors v. Hoskins

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[The following text is upside down relative to the top of the page.] take the testimony of Nancy Jones, one of the defendants before a Commissioner, and the Said Cause be Continued, At June term 1840 "On motion of the Complainant by his Solicitor, It is ordered by the Court that he have leave to retake the testimony of Nancy Nones. And the Said Cause Continued" At May term 1841. "In this Cause the death of the Guardian ad Litem of the minor heirs being Suggested, It is ordered by the Court that James C Watkins the present Register of this Court be appointed" Special January term 1842, "On motion, It is ordered by the Court that this Cause" At May term 1842. "Came the parties by their Solicitors And on motion of defendants Solicitors, It is ordered by the Court that Said Cause be Contiunued" At May term 1843. "Came the parties by their Solicitors And it appearing that the parties defendants reside in the County of Franklin, On motion, and by Consent of parties, It is ordered by the Court that this Cause be transferred to the twenty nineth district, Composed of Franklin County" Certificate } The State of Alabama } At office in Moulton, J M Lawrence County } Priest Register of the 30^~ District of Northern Division of Alabama Certify that the foregoing is a Correct Transcript of the order made in this Court, in the Case of William S Hoskins (Vs) John W Jones and others as appears on the minutes of Said Court, In testimony whereof I hereunto Set my hand and affix my private Seal this 27^~ April 1844. M Priest [Seal] Register,

Order of } And at the May term 1844. of the Chancery Court for the 29~ Court } District And Nirthern Division of Alabama for the County of Franklin, the following order of Court was made in this Cause to wit

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61 This day Came the parties by their attorneys, And by Consent publication of testimony is ordered in this Case, and on further motion, It is ordered by the Court that the Compla= =ainants have leave to Amend his bill by adding a party, or by dismissing as to Legatees of Jones, as he may be advised, And leave to retake testimony if necessary, & the Cause is Contd, Order of } May term 1845. This order was made towit, "This Cause is Contd" Court. } And at the Same term of Said Court towit May 1845. The following interlocutory decree was had in this Cause towit "William S Hoskins } In this Cause it is ordered that Compl= Vs } =antants have leave to release John A. Jones Exr^s &c } Hogan who is Security on his Injunction bond by entering others Security on the Injunction, and that he have leave to examine Said Hogan as a witness A Bowei Chanel

Injunction } Know all men by these presents that We William S Hoskins Bond, } John H Hogan, William B Alsbrook, Are held and firmly bound unto John W Jones, Isaac Winston and Jacob Haigh Executors of the last will and testament of Arthur Jones decd in the penal Sum of five thousand dollars to be paid to the Said John W Jones. Isaac Winston and Jacob Haigh their Certain attornys executors administrators or assigns, to which payments will and truly to be made we bind ourselves our heirs executors and Administrators firmly & Severally firmly by their presents, Witness our hands and Seals this 27^~ April 1846, Whereas the above bound William S Hoskins has heretofore filed his bill in Chancery Against the Said John W Jones, Isaac Winston & Jacob Haigh As the Executors of Arthur Jones deceased, Also George W Carroll and others to which bill is Annexed And order to the Clerk of the Circuit Court of Franklin County State of Alabama for the issuing

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[The following text is upside down relative to the top of the page.] of An Injunction And Attachment to restrain the Said Executors from removing out of this State or permitting to be removed Six Six Negro Slaves as therein named unless they first enter into bond Conditioned for the forth Coming of Said Slaves on the trial determination of the Court of Chancery in the premises, Now the Condition of the above obligation is Such that if the above bound William S Hoskins Shall prosecute his Suit with effect or in failing to do So, he does then will And truly pay all Such damages & Costs as the above executors may Sustain by his wrongfully Suing out Said Injunction And attachment, then this obligation to be void, otherwise to be And remain in full force and effect, Signed Sealed and acknowledged } Wm S Hoskins [Seal] in my presence, day and date above } John H Hogan [Seal] written, James King J.P. } William B Alsbrook [Seal]

Order of } May Term 1846." It is ordered by the Court that Complainant have the Court } to file a Supplemental bill, and the Chancellor having been Solicitors for the Complainant, the Cause is Continued"

Affidavit } The State of Alabama } Came this day personally before me James for Testimony } Franklin County S.S. } King An acting Justice of the peace in and for Said County William S Hoskins who being duly Sworn on his oath Says, that the testimony of John Hogan is material to deponant in a Cause now pending in the Chancery Court of Franklin County Alabama, wherein he is Complainant And John W Jones and Jacob Haigh executors of Arthur Jones deceased, George W Carroll etall are defendants, Sworn to And Subscribed before me this 27 } Wm S Hoskins day of April 1846. James King J.P. Fily 27^~ April 1846. Test A. R. Sevier Register,

Intg.^s by } William S Hoskins } In Chancery Court of Franklin County. Complt, to } Jones & Haigh etal } Interrogatories to be propounded to John

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63 Jno Hogan John Hogan in order to take his deposition to be read in evidence in behalf of Complainant in the trial of Said Cause, Interrog 1^st. Are you Acquainted with the parties to this Suit, if So how long have you been, and in what relation do you Stand to them? 2^d Look upon the instruments filed as exhibits A & B, And State whether you are the attesting witness thereto, if So, were they executed by the parties thereto in your presence, or the execution acknowledged to you, and were they executed on the 20 Nov 1828 as they purport to be, did you ever have the deed marked in your possession, what has become of it, have you ever Since Seen it, And when did you last See it, if you Answer it has been lost or mislaid, examine the exhibit to Complainants bill marked B, And Say whether it is a true Copy of the Original agreement? 3.^d State the Contents of Said Agreement Clearly And precisely as well as you recollect? 4^~ Do you Know wherther the Said Nancy at or about the time of the execution of the Said instrument was receiving the address of Arthur Jones, did Said Jones have Any Knowledge of their execution, Were the Said Arthur and Nancy Married, & if So, how long after Said instrument was executed? 5. Had you at the time of the execution of Said instruments A Conversation with Said Nancy in reference thereto, if So State the Conversation or its imoorts, did you then hear Said Nancy Say. What was her object in making Said Settlement on the Complainant marked A, And the reason that influenced her, if So, State what they were? 6^~ What was the employment of Said Nancy at that time Were the negroes mentioned in Said Agreement family negroes, And were they of peculiar value?

64 7a Have you ever had any communication with Aurthur and Samuel Jones with regard to said settlements, have you ever had any communication with said Samuel everything [?] said Arthur's Knowledge of the execution of said settlements marked A, or agreements marked B, ipso facto [?] is, did you ever have any communication with said Authur with regard to his knowledge [word illegible,] and do you Know that he was appraised of their execution either before or after his marrraige [?] with Said names, 8~ did you ever hear the defendants or [word illegible] of them [word illegible] of Said Settlements before or [word illegible] the death of said Arthur, & do you know that they had Knowledge of the Same, ipso, State how you acquired your information, 9~ Do you Know the [word illegible] in Controversy mentioned in Said order [?], and this [word illegible], if so. inumerate them, and State their [2 words illegible], and the value of each at [?] day of the Sale made by the Executives of Anthee [?] [2 words illegible], and the value of an estate for the life of Said names. in case of Said negroes, ~ 10~ State any thing further [?] you may Know of [word illegible] to the [word illegible] ~. E. LJoun [?] Sol fro [?] Complete, "Jennei acknoowledged a 27 - [word illegible] 1846 [4 words illegible] for defe[?]" [2 words illegible] The State of Alabama, William S Hoskins complaintant [1 word illegible] Hogan Franklin County [2 words illegible] and othes Respondents [?] Defendants, Cross [?] interrogation to the [word illegible]- by Respondents in the above cause, in the Circuit Court of Said County to John Hogan a [word illegibe] in the name of [word illegible], [3 words illegible], Everything [?] [word illegible] Seemed on naut [?] of [word illegible]. please State when and where these [word illegible] alludid [? to by that question, were made, and were you [word illegible] when they were made, were they made at ana[?]