Machen, Executor v. Machen

Page 1 Affidavit claiming the property State of Alabama Cherokee County Before me William H Huff a Justice of the peace for said County. Came William Machen executor of the last will and testament of James Machen deceased. And being duly sworn deposeth and Sayeth that five negroes Slaves , to wit, Prince a man Tamer a woman and Mary, Milly and Mariah girles - which are Sued for and mentioned in a certian writ in Detinue in the Circuit Court of Said County, against James Machen at the Suit of the Said William as Executor as aforesaid, are the proper of him the Said William Machen as Executor as aforesaid, Sworn to and Subscribed before me this 9^th day of January 1847 W^m, H, Huff [seal] Justice of the peace William Machen [seal]

The State of Alabama Writ To any Sherriff of the State of Alabama Greetings you are hereby Commanded to take the body of William Jane Machen if to be found in your County and her safely Keepe, So that you may have her before the honorable the Judge of our Circuit Court next to be holden in ofer the County of Cherokee at the town of Centre on the third monday after the fourth monday in March next, to answer William Machen executor of the last Will and testament of James Machen late of said County deceased, in a plea of Detinue, that she sender unto him as executor aforesaid Five negro Slaves, towit, Prince, a man about 25 years of age of greait value towit of the value of Eight hundred dollars. Tamer a woman aged about 35 years of greait value towit of the value of Seven hundred dollars Mary aged about 16 years of great value to wit of the value of seven hundred Dollars. Milly a girl aged about 5 years of greait value, towit of the value of four hundred dollars. Mariah a girl about one year old of greait value, towit of the value of Two hundred dollars, Which from the said plff She unlawfully detains, To plffs damage Five Hundred Dollars, herein fail not and have you there and there this writ with your endorsement thereon Witness P. J. Chisolm clerk of said court at office this 9^th day of January 1847. issued 9^th January 1847. attest P. J. Chisolm clk

Page 2nd Cause of action This action is brought by the Said William Machen as executor of the last will and testament of James Machen deceased to recover the within named damages Slaves - which is the property of the said plaintiff as executor aforesaid and in the possession of the said Jane Machen _ and by her unlawfully detained from said plaintiff, Other Counts will be added in the declaration Cooper and Cain Plffs attos

The plaintiff having made the necessary affidavit required by law and Given bond and security as requested by the Statute of the State in such cases

The Sherriff will take into his possession the negroes in this writ mentioned unless the defendant shall give bond and security in double the value of said negroes. Conditioned according to the statute in such Cases made and provided P. J. Chisolm clk Record at the 9^th Jany 1847. [L--] Cuningham sheff By his deputy J J Adams Executed on the 9^th day of January 1847. by serving Deft with a copy, and taking the within described negroes into my possession; and on the same day taking a delivery bond for said negroes of the Deft with Samuel Hall, W^m Lay, D. D. Croft, Henry Hall and Robert S Cowan; per securities according to the statute in such cases provided. Lewis Cunningham Sheff by J J Adams Depty

1st Bond The State of Alabama Cherokee County Know all men by these presents that we William Machen and Franklin Cross, Henry Machen, Henry W Machen, and Francis Montgomery are held and firmly bound unto Jane Machen in the sum of five thousand six hundred Dollars per the payment of which well and truly to be made We bind our Selves our heirs Executors and Jointly and Severally firmly by these presents Sealed with our seals and deeded this 9^th January 1847. The Condition of the above bound is such that where as the Said William Machen as Executor of the last will and testament of James Machen deceased by a writ issued out of the Circuit

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