Mims' Executors v. Sturtevant [Sturdevant]

496 State of Alabama } Supreme Court January Term 1850. } Error to Circuit Court of Conecuh Co } Now at this day come the [Mimms] & Mimms Exr} Plaintiffs by their atty vs } and say that there is manifest Willis [Sturdvant] } error in the record and proceedings of the Circuit Court, to the [??ro?f] & [upe?y] of the Plaintiffs in error ─ and they assign for Error ─ 1^st That the Court permitted the evidence of the Contents of the letter, under the circumstances proven as shown by the Bill of exceptions.

2^nd. That the Court permitted evidence of the Contents of the decd, under the Circumstances, as shown by the Bill of exceptions.

3^d. The Court erred in referring the [Charges] [a???d] as shown [by] the Bill of exceptions ─

4th The Court erred in giving the Charges excepted to as shown by the Bill of exceptions. [Watts] & Jackson attys for Pllffs in Error

497

498 Be it remembered that at a regular Term of the Circuit Court begun and held for Conecuh County and State of Alabama on the third Monday of March in the year of our Lord eighteen hundred and forty nine the same being the nineteenth day of the month. Present the Honorable Nathan Cook Judge of the second Judicial Circuit of the State of Alabama presiding. The following amongst other proceedings was had

Writ To any Sheriff of the State of Alabama Greeting: You are hereby comanded to take Stanford Mims and Cullen Mims executors of the last will and testament of Britton Mims dec^d if to be found in your County and there safely keep so that you have them before the Honorable the Circuit Court to be holden for Monroe County at the place of holding said Court on the first Monday after the fourth Monday of October next then and there to answer to Willis Sturdevant in a plea of trespass on the to damage of the Said Willis Sturdevant of Two thousand Dollars Therein fail not and have you then and there this writ Witness Daniel McColl Clerk of our Said Court the Seventh day of September in the year of our Lord one thousand eight hundred and forty six Issued this 7^th day of September A.D. 1846 attest Daniel McColl Clerk

Causes of Action This action is brought to recover of the defendants Ex^ers of Britton Mims the sum of Six hundred Dollars for the hire of a certain negro woman slave from Jany 1839 to September 1845 also to recover six hundred Dollars so much money had and rec^d. by said Britton in his life time for the use of said Willis and for work and lavor done by said Willis and his servants for said Britton attest Cooper & Leslie attys for Plff Sheffs return Rec^d Sept^r. 7^th 1846 and Executed on Stanford Mims 8^th & Cullen Mims Sept 16. 1846 by copy. S. G. Portis Shff by W. W. McCall D.S.

Declaration The State of Alabama } Circuit Court Fall Term 1846. Monroe County } Willis Sturtevant Complains of Stanford Mims and Cullen Mims executors of the last will and testament of Britton Mims deceased in custody &C in a plea of trespass on the case & C. [For] that whereas the said Britton Mims in his life time to wit on the first day of January 1846 to wit in the County aforesaid was indebted to the said Plaintiff in

499 The Sum of Six hundred Dollars for work and labour [there] done and performed by the plaintiff for and in and above the business of said Britton Mims. And in the Sum of Six hundred Dollars for work and [laborer] there done and performed by negro woman slave the property of the plaintiff in and about the business of said Britton Mims. And in the sum of six hundred Dollars for so much money had and received there by said Britton Mims for the use of the plaintiff. And in the sum of six hundred Dollars for so much money there loaned by the plaintiff to the said Britton Mims at his special instance and request. And also in the sum of six hundred Dollars for so much money there found to be due said plaintiff from said Britton Mims [on] [are] account there Stated between [these], and the Said Britton Mims aforesaid to wit on the day and year aforesaid to wit in the county aforesaid in consideration of the promises [perceived] the Said plaintiff to pay him the said several sums of money where he should be there unto afterwards requested. Yet neither the said Britton Mims in his life time nor the defendants since the death of the said Britton Mims have paid said Several Sums of money or any part thereof to the damage of said plaintiff of Two thousand Dollars and therefore he sues &C Cooper & Leslie attys for plff. Pleas Non assumpsit for the defendant and set-off Payment Murphy & [Morrisett] Limitation of three years & defendants aver accounts sued on are open accounts limitation of six years Roberts for Deft

affidavit for Change of Venue Willis Stertevant } Circuit Court Fall Term 1848 vs } Stanford Mims one of the defendants in Stanford Mims } } this case maketh oath that he believes and Cullen Mims } Exers of } is fully persuaded from the result of a Britton Mims } former trial had in the County of Monroe between the same parties in which affiant firmly of opinion that both law and Justice were on his side that there's a deep rooted prejudice against him in the County of Monroe in [consqu] even of his having heretofore [coerced] many of the citizens of Monroe County to pay their debts, that from the many and wide spread reports unfavorable to affiant circulated most industriously by those persons with whom he has had litigation the unfavorable impression has become so general throughout the County of Monroe

500 3 that he believes that he cannot have a fair and impartial trial in Said County of Monroe affiant also States that he is [pursuaded] that the prejudice existing against the right of affiant are of Such a character in the belief of affiant as would operate to his manifest injury and prevent a fair and impartial trial in said County of Monroe and prays that said cause may be removed for trial to the next adjoining County free from [excepioces] for like Causes Stanford Mims sworn to & subscribed in open Court October 31^st 1848 attest Daniel McColl Clerk

Transcript from Monroe Circuit Court Be it remembered that at a [reguar] Term of the Circuit Court begun and held for the County of Monroe and State of Alabama on the secon monday after the Third monday in october the same being the 30th day of said month of October in the year AD. 1848. Present the Hon. John Bragg Judge of the 6^th Judicial Circuit of the State of Alabama presiding The following [aueo?eg] other business was had. [C&L] . Willis Sturtevant } Spring Term March 16^th 1847 vs } Continued on payment of the Costs of the Term Morrisett, Stanford Mims } Murphy, Cullen Mims Ex^er of } Britton Mims

[C&L] Willis [Stertevant] vs } Tall Term Nov. 2 1847 Blount, Stanford Mims } Continued by defendant for absence of John S Morrisett, Cullen Mims Ex^er of } Williams of Wilcox County Murphy, Britton Mims }

[C&L] . Willis Stertevant vs } Spring Term April ^1st 1848 Blount, Stanford Mims } Continued by plaintiff Morrisett, Cullen Mims Ex^er of } Murphy, Britton Mims }

Order for change of Venue C - L. Willis Sturtevant } Fall Term 1848 October 31^st vs } Venue changed to Conecuh County & continued Blount. Stanford Mims } this day came the parties by their attorneys Morristt. Cullen Mims Ex^r of } and on motion of Stanford Mims one of the Murphy. Britton Mims } defendants in this cause supported by affidavit showing good and sufficient cause. It is ordered by the Court that the venue in this case be changed, and it appearing to the Court that Conecuh County is the nearest adjoining County ─ It is ordered that the venue be changed to said Conecuh County ─ And it is ordered that the Clerk of this Court make out and complete Record of All the proceedings had in this case in this Court together with the original papers and certify the same under the seal of this Court and forward them to the Clerk of the Circuit Court of said Conecuh County.