Patterson v. Powell et al.

553 577 Index Writ page 1 Declaration ,, 2 to 5 Al[?] v. Oyer of Bond ,, 5 to 7 Pleas ,, 7 ,, // Replication ,, /// ,, 11 Bill of Exceptions ,, 11 ,, 16 Exhibit "A" ,, 16 ,, 17 Exhibit "B" ,, 18 ,, 32 Preamble of Court ,, 32 ,, Judgement ,, 32 Writ of Error ,, 33 Notice of Writ of Error ,, 34

Certificate ,, 34 & 35

The State of Alabama Writ To any Corner of the State of Alabama Greeting You are hereby commanded to take James R. Powell Richard Stewart. John A. Campbell, and Stephen Alughs and then safely keep so that you have their bodies before the Honorable the Judge of the Circuit Court of Corra County, of a Court to be holden at Rockford in and for said County on the 39 Monday in October in the year of our Lord One Thousand Eight Hundred and Forty Three then and then to answer, Benjamin Fitzpatrick Governor of the State of Alabama who sues for the use of George Patterson in a plea that

578 554

2

they render unto said plaintiff Fifteen Thousand Dollars, which they ord. to and detain from said plaintiff to the Damage of the said plaintiffs Fifteen Thousand Dollars Witness Mn S. Caldwell Clerk of said Circuit Court at Office, this 23 day of August in the year of our Lord One Thousand Eight Hundred and 43 and of American Independence the 68 " year. Mn S. Caldwell Clk Issued 23 day of August 1843

Coronels Return Recd in Office the 30 " Sept 1843 Jacob J. Richards, Com.

Executed this 11 " Oct. 1843 Jacob J. Richards, comm.

Declaration The State of Alabama Coosa County

Circuit Court Fall Term 1844

Benjamin Fitzpatrick Governor of the State of Alabama who sues for the use of George Patterson, by Attorney complains of J.R. Alias John A. Campbell and Stephen T. Hughes, in custody of a plea, that they render unto plaintiff the sum of Fifteen Thousand Dollars which they owe to, and detain from said Plaintiff: For, that, whereas, the defendants on the 18" day of Octo ber, A.D. 1841, to wit in the County aforesaid together with one W.J. alian William J. Camp bell, and Thornton Talliaferro, now deceased Executed their writing, obligatory, which is now shown unto the Court, whereby they, then and there acknowledged themselves to be held and bound unto Arthur P Bagby Governor of the State of Alabama, and his Successors in Office, in the penal sum of Fifteen Thousand Dollars, to be paid to the said Bagby Governor as aforesaid; and his successors in Office when required

511 on request: which said writing obligatory was sub ject to a condition in effect following: that if the said William J Campbell, who was then Sheriff of Coosa County should well and truly perform all and Singular the duties of Sheriff of said County, as enjouned on him by the laws of this State now in force, or hereafter to be enacted during his continuance in said office, and pay over all monies collected by him, in Virtue of his said Office to the person or persons, entitled to receive the same as required by Law, then said obligation to be Void, otherwise to remain in force. Said Bond, was approved by Ebenezer Pond Judge of the County Court of said County. On the 19" day of October 1841.

And plaintiff says that the said Will iam J. Campbell, after the making of said wri -ting obligatory and while, he was Sheriff of said County, and before the commencement of this suit, did not, well and truly perform all and singular, the duties of Sheriff of said County. as enjoined on him by Law, in this; and plaintiff further says, that Benjamin Fitzpatrick is the Successor in Office of Arthur P. Bagby (Governor) of the State of Alabama.

2d Breach. 2. And plaintiff further says, that, after the making of said writing obligatory and before the Commencement of this suit, to wit on the 15" day of October. 1841., the said William J Campbell as Sheriff recieved a fieri Facias, which is sued, out of the Office of the Clerk of the Circuit Court for Coosa County, on the 6th day of October 1841 in favor of George Patterson and against Stark Hobdoy for the sum of Two Hundred and Thirty Four & 21/100 dollars besides the sum of Eight & 50/100 dollars costs of suit returnable to a term of the Circuit Court to be thereafter held for said County of Cora on the 4" Monday in March 1842 which said fieri Facias, was placed in the

580 556

4

hands of the said William J. as Sheriff for due execution thereof. and plaintiff says, that, during all the time, from the date of the receipt of said Fieri Facias (as above alledged) by the said William J. to the Term of the Circuit Court to which it was return -able as above alledged the said Stark Hob -day had visible property and effects in his pos session, in said County of Coosa of Value Suffi cient and subject, to satisfy the said Fieri Facias, to wit of the Value of One Thousand Dollars; and plaintiff says that the said William J. as Sheriff, having said Fi Fa all the time in his hands, wholy neglected and refused to Levy, or satisfy, the amount of said Fieri Facias out of the property or effects at the said Stark Hobday or in any other manner or any part thereof as he was required to do, by the mandate contained in said Writ which actings and doings by the said Wm J is con -trary to the form of the said writing obligatory and the condition thereof whereby an action hath accrued to the said plaintiff, for the recovery of the amount of the said Fieri Facias.

3rd Breach. And plaintiff for further breach. says, that, on the, 6" day of October, 1841. an pre caution issued from the Clerk's Office of the Cir cuit Court of Coosa County, directed to any Sheriff of the State of Alabama commanding him that of the Goods and Chattells, lands and Tenements of Stark Hobdoy, he should cause to be made the sum of two Hundred and thirty four & 21/100 Dollars, besides the further sum of Eight & 50/100 Dollars. Costs of such which said Execution, was, and, is, in favor of the Plaintiff, which said Fieri Facias, was recieved by said Will iam J. Campbell on the 15" day of October 1841. and levied on the 1st November 1841. on certain re -al Estate of the said Hobday, of great value to wit of the value of Five Thousand Dollars

557 581

5

and afterwards, to wit on the 1st Monday in March 1841. (as such Sheriff) unlawfully, and negligently, and contrary to his duty, as Sheriff aforesaid and the condition of the said writing obligatory, sold, and knocked off said land, for a grossly, inadequate price, to wit for the sum of Three Hundred and Three dollars, when in truth and in fact, said lands, so levied, were worth a large sum of money to wit the sume of Five Thousand dol lars, wherefore said plaintiff says that he is dam aged, to the amount of said Fi Fa and the Cost and Interest due thereon: Yet the defendants though requested, has not paid to plaintiff the amount of money specified in said Fieri Facias or any part, therof; but has failed so to do, to plaintiff dam -age Fifteen Thousand Dollars. W.W.Morris atty for Plff

Demurrer Over of Bond

And the defts by their attys come, and crave over of the Bond declared on in this declaration and it is read to them in their presence, in these words.

Bond The State of Alabama.} Cora County.} Know all men by these presents that we William J. Campbell, James R. Powell, Stephen F. Hughes. Richard Stewart, Jno A. Campbell, & Thornton Taliaferro all held and firmly bound unto Arthur P Bagby Governor of the State of Alabama and his successors in Office in the penal sum of Fifteen Thou sand Dollars, which payment, well and tru -ly to be made and done, we bind ourselves our, and each of our heirs, Executors, Admin istrators and assigning jointly and severally firmly, by these presents. Given under our hands and seals this Eighteenth day of Oc-tober A.D. 1841.

The condition of the above oblig -tion is such, that, whereas, the above bounden William J. Campbell having been elected and Commissioned Sheriff of said County, for,