Jones' Executors v. Hoskins

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[Text below is upside relative to the previous page. Following is read from the bottom of the page to the top.] our hands And Seals this 2d day of January 1837, Whereas the above bound William S Hoskins, has this day filed his bill in Chancery Against the Said John W Jones, Isaac Winston & Jacob Haigh as the Executors of Arthur Jones deceased, Also against Nancy Jones, George W Carroll, and Wylie B Jones, to which bill is Annexed An order to the Clerk of the Circuit Court of Franklin County State of Alabama for the issuing An injunction, And Attachment to restrain the Said Executors, from removing out of this state, or permitting to be So removed Six Negro Slaves as therein named, unless they first enter into bond Conditioned for the forth Coming of Said Slaves on the final 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 presecute his Suit with effects, or in failing to do So, he does then well and freely pay all Such damages, and Costs As the above Executors may Sustain by his wrongful Suing Said Injunction And Attachment, there Said obligation to be void, otherwise to remain in full free and effects, Signed, Sealed And Acknowledged } Wm S Hoskins [Seal] in presence of } Jno Hogun [Seal] W Lucas Clerk } W B Hogun [Seal]

Injunction } The State of Alabama, To John W Jones, Isaac Winston And Jacob Haigh, Executors of the last will And testament of Arthur Jones deceased, late of Franklin County And State aforesaid Whereas it has been represented to us in our Court of Chancery on the part of William S Hoskins, that his mother while hearing the name of Ann Hoskins being the widow of Samuel Hoskins deceased, And being about to intermarry with Arthur Jones [two?] him the following Negro Slaves to wit, Sarah, And her two Children Swift And Martha, Also Haywood & Miranda, And that he took into his possession the last two, Haywood

Last edit 4 months ago by MichaelGrissett
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And Miranda, And entered into An agreement with his mother, in which he agreed that She Should retain the three first towit Sarah And her Children Swift & Martha, And their increse during her life Time, And the Said Arthur Jones having departed this life after making his will in which he appointed John W Jones, Isaac Winston and Jacob Haigh his Executors, And the Said John W Jones and Jacob Haigh having qualified as Such, And took on them the execution of Said Will, have taken possession of Said Slaves, and have adventised them for Sale, And as he believes will Carry them out of this State, And Amongst other things in Said bill of Complaint is was prayed that Said Complainant Should have An Injunction prohibiting v and restraining you or either of you from Selling and Carrying out of this State Said Negro Slaves~ We therefore in Consideration of the premises aforesaid do Strictly enjoin and Command you and each of you to desist from Selling Said Negro Slaves Sarah, Swift, Martha, Jackson, Harriett And Silvy, or Carrying them out of this State, and you are hereby required to enter into bond with Security in the Sum of five thousand dollars Conditioned for the forth Coming and delivery of Said Slaves to abide the final order of this Court in the premises or that An Attachment will issue Against Said Slaves that they may be Safely Kept to abive the further - of this Court, Witness William Lucas Clerk of our Said Court At office the 2d day of January 1837 Issued the 2d day of January 1837 Test W. Lucas Clerk Shffs End,s } "Received January 3d 1837 M W Guy Shff. By his deputy L M Guy" "Executed January 3d 1837. M. W Guy Shff, By his deputy L. M. Guy" The State of Alabama Franklin County } To the Sheriff of said County Greeting

Last edit 4 months ago by MichaelGrissett
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[Text below is upside relative to the previous page. Following is read from the bottom of the page to the top.] You are hereby comanded to [word illegible]. John W Jones, Grace [?] Winston, Jaeol [?] Hugh, George N [?] Camill. Wylie B Jones. and names to appear [word illegible] the judges of the [?] next circuit court sitting in chaney [?] at the court [word illegible] in the [word illegible] of repubbic [?], in the fourth monday after the third monday in march [word illegible] to answer a bill [?] in Chaney [?] [word illegible] against them by William S Hoskins, a [word illegible] of which will you will deliver to the said John W James. Grade Winston, Jaece [?] Hugh, George W Carnil [?] [Word Ilegible] B Jones and Nancey Jones., Here fail not. and have them there this [word illegible] Witney [?] William Luean. Week of said court at office in [?] 2nd day of January 18 year of our lord 1837,and in the 61st [?] year of American Independence, Judged [?] to 2nd day of January 1837. [Word Illegible] W. Luean [Word Illegible]

"[2 Words Illegible] Reviewed [?] January 3rd 1837. M W Grey [word illegible]. R Lin [?] deputy L M Guy "Executed January 1867 M W Grey [?]. [word illegible] R Lin deputy L M Guy

Livey [?] Bond, Know all men by [?] cause [word illegible] that we Jaeol [?] Hugh and John W Jones, executive [?] of [word illegible] Jones demand, and blanket [?] Bantur[?], and G Gorpher. Are held and [word illegible] bound unto William S Hoskins kin [?] cutrain [?] [word illegible or his heirs, Executers and [word illegible] or firmly and severely fairly [?] by these moments an witnes and hands and seals this 3rd day of January 1837 Where the [word illegible] named William S Hoskins had obtained an order for an [2 words illegible] against the [word illegible namerd Jace Hugh and John W Jones. from the Honorable Daniel [?] Coleman Judge of the Circuit Court to [word illegible] in and retrain [?] them from Selling and Carrying out of the State the following names Salves [word illegible], Sarah and her child = = drem [?], swift and martha, Jaeson [?], Harnill [?] & Silry [?] and a further [?] order that the [2 words illegible] Executers

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13. Should enter into bond with Security Conditioned for the forth Coming and delivery of Said Slaves to abide the final order of this Court. Now the Condition of the above obligation is Such that if in the final decree or order made in Chancery in the above Case, Should Said Slaves be delivered to the Said William S Hoskins or to his heirs or assigns, or to who ever the Court may otrder and appoint to receive them, And further that they will abid by, And Comply with Any order And or decree that may be made in this behalf, then this obligation to be void otherwise to remain in full force and effect, Jacob Haigh [Seal] John W Jones [Seal] C. J. Barter [Seal] C. Cooper [Seal]

Answer of } The Seperate Answer of Nancy Jones to a bill of Complaint filed Nancy Jones } against the Respondent, And others by William S Hoskins in to the Bill } the Circuity Court of Franklin County Alabama, This Respondents now and at all times hereafter Saving And reserving to her Self All benefits of execptions which Can or may be taken to the many errors and inSufficiencies of Complainants bill for Answer thereto or to Such parts thereof As She is advised is material to Answer Says, This Respondent admits that She did by deed bearing date 20 November 1828 Convey to Complaiant the negroes therein mentioned, Viz Sarah and her two Children Swift And Martha, Haywood and Miranda, in the Manner and upon the terms mentioned in Complainants bill, Respondent would also State that She was then and at that tme the Widow of Samuel Hoskins deceased, And that Complainant was the only living Child of her husband Samuel Hoskins, And her Self, And She felt Anxious to make provision for her Son, At the date of the execution of Said deed, Respondent was

Last edit 4 months ago by MichaelGrissett
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[Following text is upside down relative to the start of the page, going from the bottom upwards.] Keeping boarding house in the town of Tuscumbia, And it was absolutely necessary that She Should have Some of the negroes to Aid her in Keeping up her establishment, She admits that She delivered over to her Son, Complaiant, the negroes, but owing to her then occupation, And her necessity to Continue at it for Some length of time, and being much attached to the Slaves Sarah And her two Children Swift and Martha, having resided then about her house She felt Anxious to Continue them, And Keep them about her So long as She might live, And after her death that they Should together with the other two Haywood And Miranda belong Absolutely to Complainant, under these Circum=stances, And with these views, Complaiant And Respondents executed the agreement under Seal Mentioned in Complaianants bill, by which Complainant Conveyed to this Respondent a life estate in the negroes Sarah, Swift, & Martha, reserving to himself after the death of Respondent, Said Negroes, and their increase, Respondent also States that herself And her Son, had Some Six years previous to this Transaction a respectable property, And Such which if they Could have retained it, would have placed her at present in affluent Circumstances, but through the fraud and failure of her Son in law, Jeby Jones, who had married Respondents daughter Nadie, She And Complainant were Cheated out of all they owned, Respondent States that Complainant was at this time of tender year, under twenty one years of age, And through the infulence of Respondent Said Jones was appointed his Guardian, And the mismanagement and failure of Said Jones threw Respondents Son, Complainant, dependent upon his own exertions for his living, this Circumstance Caused Respondent to reflect upon herself, And Continbated in a great measure to induce her to execute the deeds above Mentioned, as a Settlement of Said property upon Complainant, Respondents in further answering admits that at the date of the execution of Said deeds for deceased

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