Turnipseed v. Cunningham

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Office of Register and Master in Chancery, for the Twenty third District, Middle Chancery Division, State of Alabama On the 23rd day of October, A.D. 1845, the following bill was filed:

Bill Hugh Cunningham vs Daniel Turnipseed Chancery Court For the 23rd Chancery District in the Middle Chancery Division of the State of Alabama

1. Humbly complaining sheweth unto your Honor your Orator Hugh Cunningham of the County of Pickens in the said Chancery District, that on the thirtieth day of August in the year one thousand eight hundred and thirty seven he made and delivered to one James Robertson (by the name and description of James Robbison) then of the County Pickens afd a promissory note for the sum of sixty-five dollars, due on the first day of January next after date - that on the next day that is the thirty first day of August in the year afd he made another promissory note for the sum thirteen hundred dollars payable to the sd James Robertson or bearer - on the first day January one thousand eight hundred and thirty eight - and on the same day he made two other promissory notes each for the sum of thirteen hundred dollars payable to James or Perry Robertson or bearer the one on the first of January one thousand

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Bill eight hundred and thirty nine, and the other on the first day of January one thousand eight hundred and forty.

II. Your Orator further sheweth that all of said notes were, before payment of the same or any part thereof, transferred by indorsement by the sd James Robinson (by the name and description of Jas B Robertson ) to one Daniel Turnipseed then and still of the sd County of Pickens - That after the sd notes were as afd transferred to the sd Daniel your Orator paid to him the sum of nine hundred and fifty seven 34/100 Dollars, which sd sum is credited on the said note of thirteen hundred dollars due on the first day of January one thousand eight hundred thirty eight, sd credit bears date on the eleventh day of February one thousand eight hundred and thirty nine.

III. Your Orator further sheweth that on the eleventh day of April in the year one thousand eight hundred and forty the four notes above described were taken up and two new notes given in their stead, one for the sum of seventeen hundred and ninety six 12 1/2/100 Dollars, and the other for the sum of eighteen hundred dollars both payable to the sd Turnipseed or bearer on the first day of January one thousand eight hundred and forty one.

IV. Orator further sheweth that on the second day of August in the year one thousand eight hundred forty one, he took up the two notes last named, and gave his three notes, each payable to the said Turnipseed or order one for sixteen

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Bill hundred dollars due the first day of March one thousand eight hundred forty two - one for eighteen hundred and fifty three 70/100 dollars due the first of March one thousand eight hundred forty three, and the other for two thousand one hundred and nine 38/100 dollars due the first of March one thousand eight hundred and forty four - and to secure the sd three notes orator made a deed of trust to one Edmund T. Bush bearing even date with sd notes by which deed orator conveyed to said trustee for the purpose afd about four hundred acres of land and sixteen negro slaves, the sd land and slaves are described and named in said deed, which sd deed was duly acknowledged and recorded in the office of the Clerk of the County Court of the County afd.

V. Orator further sheweth that on the eighteenth day of March one thousand eight hundred and thirty nine he made a promissory note for the sum of two hundred and twenty seven 50/100 dollars payable to one William Owen or order on the eleventh day of February after date, which sd note was afterwards endorsed by the sd Owen to the sd Turnipseed, the time of indorsement Orator does n ot know the same being in blank.

That on the twenty fourth of April one thousand eight hundred and forty one, orator made his promissory note for the sum of five hundred dollars payable to one Joseph Cunningham or order on the first day of January one thousnd eight hundred and forty two - which sd note was afterwards but at what time orator doth not know endorsed to said Turnipseed.

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Bill

VI. Orator further sheweth that afterwards to his best rememberance on the twenty third day of March in the year one thousand eight hundred and forty three the sd Turnipseed by calculating interest on the sd several notes herein before named as orator verily believes at the rate of sixteen per cent, and compounding the same from time to time at that rate of interest, - claimed that there was then due him on the sd notes the sum of six thousand eight hundred and twenty five dollars, as well as orator can now remember, and as orator verily believes that very sum.

VII. Orator further sheweth that at the time the sd Turnipseed stated to him that the Legislature had passed a law to tax money loaned at interest or used in sharing, and that he wished to change the character of the sd debt which he claimed that Orator owed him as afd, and proposed to orator to give up to him the sd deed of trust and the notes secured by the same and the other two notes hereinbefore las named, and to take bills of sale of twenty four negroes belonging to orator setting down the price of sd slaves at greatly less than their values, so as make the price of the said slaves the same as the sd sum s o claimed by the sd Turnipseed as afd giving your Orator the most solemn assurances that he would hold the sd bills of sale to secure the payment of sd sum, and that the slaves should remain in the possession of Orator as tho' the bills of sale were not given, and that he would take orator's note, the consideration of which should purport to be the hire of sd slaves, but to be really for the interest.

VIII. Orator further sheweth that putting confidence

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in the Johnson [?] declarations and assurances of the said Turnipseed, that he would take no advantage of him and that the sd bills of sale should be held by him merely as security and to change the character of the sd claim for the purpose of avoiding the payment of taxes on the same, orator therupon executed to sd Turnipseed five several bills of sale all bearing the same date to wit the sd twenty third day of March in its year afd one bill of sale for the following slaves, to wit, Charles, Phebe, Loudon, Phillis, Hannah, Osborn, and George at the sum of two thousand dollars.

One bill of sale for the following slaves to wit, Isabella, Frank, Harriet, Amanda, Rob, & Frankey, at twelve hundred and twenty five dollars.

One bill of sale for the following slaves to wit: Isham, Bynum, Mary & Auria, at the sum of thirteen hundred and twenty five dollars.

And one bill of sale on the following named slaves to wit, Fanny and her child Adam at the sum of four hundred and fifty dollars.

IX. Orator further shewth that upon the execution of said bills fo sale as afd the said Turnipseed delivered up to Orater the sd deed of Trust & the notes named in the same & the sd two notes the one for five and the other for two hundred and twenty seven 50/100 dollars, and thereupon Orator gave to sd Turnipseed a sealed note for the sum of eight hundred and eighty eight 99/100 dollars due on the first day of March next after the date purporting to be given for the hire