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40 } infants, Convey to him Sarah, A woman, Swift a boy, Martha a Girl, Haywood a boy, and Meranda a Girl, whihc deed was then and there delivered to the Said William your Oratrix being at the time Keeping a boarding house in Tuscumbia, And the Said Slaves, being all the negroes She owned, An agreement under Seal was entered into afterwards and on the Same day between your Oratrix and her Son by which it was agreed that your Oratrix Should have a life estate in Said Negroes, which agreements was Signed and Sealed by your Oratrix and her Son Aforesaid, Copies both of which deeds marked A And B are herewith filed as part of this bill, Your Oratrix further Saith that at the time of the execution of the Said deed, a Marriage was expected to take place between her and the Said Arthur Jones, and which in fact was Solemnized Some two or three weeks afterwards, Your Oratrix as before Stated had no property of Any Value but the Negroes above Stated, And her Said Son William had no property whatever except the negroes above Stated Conveyed by your Oratrix, his Patrimony having been wanted by his Guardian, whilst the Said Arthur Jones was quite wealthy and had Several Children by a former marriage, under these Circumstances your Oratrix thought it right And proper to provide for her Child, And her intention So to do being made Known to the Said Arthur Jones, he entirely Approved of it, And recommended your Oratrix So to act, Your Oratrix further States, that the Negroes Haywood & Miranda were previous to the marriage delivered up to the Said William her Son, who has ever Since exercised ownership over them, the remaining three were on the Marriage taken possession of by the Said Arthur who held them until his death, at which time they had increased to Six, Sarah, Swift, Martha, Jackson, Harriett, And Silvy, Your Oratrix further Saith that the Said Arthur Jones departed this life on the day of having previously made his last will and testament by which he gave your
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41 } Oratrix a life estate in One third part of the lands of which he died Seized, and one fifth part of his personal property, which will was duly proven and recorded, a Copy of which is herewith filed as part of this bill, And further Saith that Jacob Haigh and John W Jones have qualified as the Executors of the Said Arthur Jones, Your Oratrix further Saith that the executors of the Said Jones Claiming the Said Negroes Sarah and others As the property of Said estate, Said William S Hoskins her Son filed his bill in this Honorable Court asserting his title to the Said Negroes and praying the Court to enjoin the Said Executors from Selling Said Negroes, which was granted, but the Said executors having given bond to indeminify Said William proceeded to Sell, And did Sell the entire interest in Said Slaves to the highest bidder And they being family negroes your Oratrix felt Contrained to purchase them, and did So at the price of five thousand five hundred and eleven dollars, for the payment of which She executed her notes to the Said Executors, all of which actings and doings of the Said Haigh And Jones defendants, Are Contrary to equity and good Conscience and manifestly lend to the inquiry and oppression of your Oratrix To the end therefore that justice may be done, and as your Oratrix is totally remediless in the premises, She prays your Honor that the Said Jacob Haigh and John W Jones Executors of Said Arthur be made defendants hereto, And full and perfect Answers thereto on their Corporal oathes be Compelled to make, that this Cross bill be Considered and heard at the Same time with the Original bill filed by the Said William S Hoskins, And that Should your Honor decree in favor of the Said William S, that the Said note given by Your Oratrix for the Said Negroes be given up And Cancelled, And for Such other And further relief As equity and good Conscience may Seem meet, And as in duty bound She will even pray &c, } Ormond & Probas Sols, Filed 21st April 1837. } Test W Lucas Clerk
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[The following text is upside down relative to the top.] 2 Agreement } Nancy Jones } In this Cause it is agreed that the answers of of Solicitors } Vs } Cross bill } the Said Haigh and Jones, filed in the Case of Haigh Jones } William S Hoskins against Said Haigh and Jones And others, Shall be Considered and taken As their Answer in this Case, that all the deposition which are or may be hereafter taken in the Case of Said William S Hoksins (vs) Haigh And Jones and others So far as the Same are applicicable, And the exhibits, Shall be Considered And read as if taken and exhibited in this Cause, } Tarver & Walker Sols for defts W Cooper do do J. J. Ormond for Complt
Amended } To the Honorable Daniel Coleman Judge of the 4~ Judicial Circuit Sitting Bill } in Chancery for the Country of Franklin Alabama, Your Orator William S Hoskins would represent to your Honor that Some time in the early part of the month of January 1837 he filed his bill of Complaint in the Circuit Court for Frankling County aforesaid against John W Jones, Isaac Winston, Jacob Haigh George W Carroll, Wylie B Jones, Nancy Jones, and _ Executors, trustees, and distributees under the will of Arthur Jones dec.d Stating in Substance that his mother, then Nancy Hoskins, widow of Samuel Hoskins, about the 20~ of November 1828 was possessed Among other property of five Negro Slaves Viz Sara, And her two Children Swift and Martha, Haywood, And Miranda, that Said Nancy Hoskins being then about to intermarry with Arthur Jones now deceased, with a view of providing for your Orator out of Said property did by deed bearing date 20~ November 1828. Convey Said Slaves to your Orator, and deliver them to your Orator, that on the Same day and As part of the Same transaction the Said Nancy made An agreement under Seal with your Orator in which agreement it was recited that Said Nancy had made a
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deed of gift of Said Slaves to your Orator, And your Orator agreed that Said Negro Woman Sarah and her two Children Swift And Martha, Should remain in the Said Nancy's possession during her life time, after her death Said Slaves and their increase to belong And go to your Orator, which Said agreement was proven, And recorded on the 2d March 1829. That Said Negroes, Nancy, the others were delivered over to Complainant who yet has possession of them, Claiming them by no other Title, that the Contemplated marriage between Said Nancy and the Said Arthur, was Shortly afterwards Consumated, the Said Nancy before that event having taken the precaution to notify the Said Arthur of her intention to make Said Settlement, at which time the Said Arthur expressed his willingness And approbation thereto, that Said Nancy had formerly advanced the other Child and never before had given Any thing to your Orator, that Said Arthur after his Said Marriage took Said Negroes into possession, where they Continued until his death, which occured about the 24~ Oct 1836, the Said Nancy Surviving him, that Said Arthur in his life time never Claimed a greater interest in Said Slaves than his wifes life estate, under Said Settlement And frequently observed that in the event his wife Survived him, Said Negroes Should be delivered over to Complainant that Said Negroes have increased, and now number Six, And Are as follows, Sarah, Swift, Martha, Jackson, Harriett And Silvey, that Said Arthur did testate, And by his last will and testament appointed John W Jones, Isaac Winston And Jacob Haigh, his executors, that letters testamentary Were granted by the Orphans Court of Franklin County, Alabama, upon Said Estate, to John W Jones and Jacob Haigh, who took into possession Among other property the property So as aforesaid Settled upon your Orator, Viz Slaves Sarah, Swift,
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[The following text is upside down relative to the top of the page.] 4 } Martha, Jackson, Harriett, And Silvey, Claiming them as the absolute property of Said testator, And that they Are about to Sell them as Such, notwithstanding they are apprised of your Orators Claim thereto, that your Orator Sets a peculiar value upon Said Slaves in as much as they are family Slaves, raised by your Orators mother, And for this reason he feels it left to his remedy at law he Could not be fairly Compensated in damages for their loss, that Said executors have advertised them for Sale on the 9~ January 1837, And without the intervention of your Orator they will be Sold absolutely, and that thereby your Orators claim to Said property will be much injured, if not entirely destroyed, that he has reason to believe, And does believe that all Said Slaves will be Carried out of this State, And to effect this purpose Said Executors And the legatees above named Are Confederating together to Cheat and defraud your Orator, in the premises. that your prayed the Said above named Legatees and Executors be restrained from Selling, or in ~~~ manner whatsoever from disposing of Said negroes, or Sending Any or either of them out of this State, And for Injunction to issue, Subpoena to issue, And general relief, Now in addition to what is Stated in his Original bill, he would State to your Orator that there Are as he is informed and believes other persons than those mentioned And made parties defendants in his original bill in this Case, who Claim to be interested in the property mentioned herein, as distributees under the will of Said Arthur, And asv heirs and personal representatives of Said distributee, that the distributees under the will of Said Arthur Are Sarah W Washington And her husband John Washington, whose distributive portion of Said Estate was by the will of Said Arthur placed in the hands of Jacob Haigh And John W Jones As trustees for the Seperate benefit of Said Sarah, and that Said trustees were made parties defendant to the Original bill, Your Orator would further State that