Jones' Executors v. Hoskins

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[Following text is upside down relative to the top.] as She is Some Times Called, And the death of Said Arthur, And that Arthur Jones during his marrital nights or Convention of Said Nancy Jones, had the negroes in dispute from his marriage from their respective births afterwards until his death, and as he believes and Charges Said Nancy for Some time Anterior And up to her marriage with Said Arthur had the three oldest thereof And exercised ownership over the Same, and after her Said Marriage which took place about the [blank] day of [blank] Said Arthur Jones wed And Controled and exercised acts of ownership over the Same as his own untramelled property, this Respondent insists that So far as he has ever had any Knowledge or belief on the Subject or evidence to form an opinion on the Subject of whether Said Arthur ever Knew or Suspected Such Conveyances to exist as are Charged to have been made from Said Nancy to Compl= =ainant, and then by him back again to her, as Exhibits A. and B, Such Knowledge or Suspicion never existed, on the part of Said Arthur, nor on the part of this Respondent until Since the death of Said Arthur, And to the best of his information and belief, the Said Conveyance to the Said William S Hoskins, is it was made at the time Stated was in direct and gross fraud of the rights and exceptions of Said Arthur, Your Respondent asks for Strict proof of Knowledge of Said Conveyances on the part of Said Arthur, as well as proof of the Conveyance itself, neither of which is admitted, but the reverse thereof insisted on &c, Your Respondent insists as a fact which would go to Contradict the idea that Such Conveyances were made with Consent or Knowledge of Said Arthur, or that he ever had any Knowledge thereof, that by his Will and testament, he mentions nothing Specially of those Negroes, as the property of Any other person than himself, And in his Will he gives on fifth of his personal estate to his Said Wife Nancy, not having had any Children by her, and having been married to her but a few years in their mutual old age, and he also gave her dower or portion of his dwelling

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house &c, which by law of this State She Could not have had but by Will &c, he Arthur having had no title at law to it, nor having paid the purchase money therefore, all of which property to her made a much larger estate by manifold over and above what She had at the Time of her marriage with him even admitting She truly owned all that is in dispute, in this Cause &c, this Respondent utterly denies all fraud &c, And Combination wherewith he Stands Charged, And Respondent insists that if any fraud at all exists in the premises, it was Contrived and had by Complainant and his mother, And perhaps others for the purpose of Cheating Said Arthur Jones, then about to Marry Said Nancy, all of which he Verily believes was the Case, And that the Conveyance of the negroes as mentioned from her to her Said Son, was made it made at all for no other end or purpose but the defrauding Said Arthur, agrandizeing Complainant, And getting Said Arthurs effects, Respondent asks and insists fro proof in full, touching execution &c, and Registration of exhibits A & B. Sworn to and Subscribed before me this 26~ January 1837 Colin Bishop JP } Isaac Winston,

Answer of } In Chancery J Haigh } The Answer of Jacob Haigh to the bill of Complaint of William S Hoskins in the Circuit Court of Franklin County, this Respondent now and at all times Saving to himself the benefit of exceptions to the erros And imperfections of Said Complainants bill of Complaint Says for Answer to So much thereof as he is advised he ought to answer, that it is true that he is one of the Executors of the last Will of Arthur Jones dec.d, that he intermarried with Matilda the daughter of Said Arthur, and that in rights of his wife he is entitled to a distrubutive Share of the estate of Said Arthur Jones deceased, He also Says that it is True that Arthur Jones did intermarry with Ann or Nancy Hoskins the mother of

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[Following text is upside down relative to the top of the page.] 32 } Complainants about the time mentioned in Complainants bill, And that She broguht With her the negro woman Sarah And her two Children Swift & Martha, which Said Slaves together with the After increase of Said Woman Sarah remained in the possession of Said Arthur Jones until his death, which happened in October 1831, during all which time he exercised over them the fullest authority, ownership, and Control, For further Answer the Respondent Says that he never Knew or heard Any thing whatever of the Complainants right to Said Slaves until after the death of Said Arthur, Nor is he Satisfied of the fact that the paper purporting to be a deed of gift from Nancy Hoskins to Complainant was executed at the time it purported to bear date, And as to the Knowledge on the part of Said Arthur that Any Such Conveyance was ever made or pretended to be made, and that he assented thereto this Respondent does not believe to be true, and requires that Strict proof thereof be made, Respondent further States that he is informed and believes that it is true that Said paper writing or deed of gift was never entered of record in the office of the Clerk of the County Court of Said County, And with the view as he Verily believes of Keeping the matter a Secret from Said Arthur Jones, And having Answered prays to be dismissed &c Jacob Haigh

Affidavits to } The State of Alabama } This day Jacob Haigh Came personally Answer of } Franklin County } before Me Colin Bishop An acting Justice J. Haigh, } of the peace in and for the Said County of Franklin, and after being duly Sworn desposeth and Saith that the matter and things in the foregoing Answer to which he has Subscribed his name, is true, Sworn to and Subscribed for now this first day of March 1837. } Colin Bishop J. P. [Seal]

Answer of } In Chancery, The answer of George W Carroll to the bill of G. Carroll } Complaint of William S Hoskins, exhibited against him

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And others, in the Circuit Court of Franklin County, this Respondent now And at all times hereafter Saving and reserving to himself the benefit of all exceptions to the errors And insufficiencies of Said Complainants bill of Complaint, for Answer to So much And to Such parts thereof as he is advised it is material for him to Answer, Answering Says, that it is true he intermarried with Lucy W. a daughter of Arthur Jones deceased, that in right of his wife he is entitled to a distrubutive Share of the estate of Said Arthur, and that Jacob Haigh and John W Jones Are the Executors of the last will of Arthur Jones dec.d, He further Says that it is true that Said Arthur Jones intermarried with Nancy or Ann Hoskins the mother of Complainant about the time State in Complainants bill, and that She brought home with her to the house And possession of Said Arthur immediately after the marriage the Negro Slaves Sarah and her two Children Swift and Martha, who remained in the possession of Said Arthur Jones from that time to the time of his death which happened in the month of October 1836. And that during all that time he exercised over Said Slaves absolute ownership And Controle, For further Answer this Respondent Says, that he never Knew or heard Any thing whatever of Complainants right to Said Slaves until after the death of Said Arthur Jones nor does he [blank] that the papers refered to by Complainant as Exhibit A. and B. were executed at the time they purport to bear date, and that the Same was ever hinted at in his presence, or made Known to Said Arthur either before or after his marriage with Said Nancy or Ann, much more that his assent was ever given thereto either directly or indirectly before or after Said marriage, this Respondent for further Answer Says that he is informed and believes it to be true, that that no record whatever was made of Said papers marked as exhibits A and B in the office of the Clerk of the County Court of Said County And that the Same was withheld for the

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[Following text is upside down relative to the top of the page.]

34 } purpose of Keeping from Said Arthur Jones Any Knowledge of the Matter, } George W Carroll,

Affidavits to } The State of Alabama } George W Carroll being Sworn Says that Answer } Franklin County S.S. } the foregoing Answer is true to the best of Carroll } his Knowledge and beliefSworn to & Subscribed this 18~ April 1837 before me. } J Hodges [JP] } G. W Carroll

Interrogatories } William S hoskins } Interrogatories to be propounded to Nancy Nancy Jones } Vs [ } ] In Chancery } Jones in order to take her disposition to be Jacob Haigh Jno Jones } read in evidence on behalf of the Complainant Nancy Jones etal } on the trial of Said Cause. Intg 1st. When and under what Circumstances did you execute the deeds referred to in Complainants bill of Complaint, was Arthur Jones at that Time addressing you, was he made acquainted with your intention to make Said Settlement, previous to your marriage with him, and of the final execution of Said deeds, if you Answer yea, State whether he objected to the Same, and what he Said, did you Conceal this matter from him in Any way or manner, did he ever decline entering into marriage with you unless you would relinquish your intention to make Said Settlement, Did you intimate to Said Jones, or to Any other person, or expressly Say, that you would relinquish your intention in relation to making Said Settlement, upon Condition that Jones would intermarry with you, State the Conversation had between yourself and Said Arthur Jones upon this Subkect, and what he Said in reference thereto, 2.d Did you ever Since your marriage with Said Jones hear him Say Any thing in reference to the property Conveyed by Said deeds. If So State whether he admitted Complainant had any interest therein, if So State what he Said, in reference to the matter? 3.d Did you ever either before or Since the death of Said Arthur

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