John Fisher [p.13] v Case James Allen
The State of Mississippi.
To the sheriff of Monroe County Greetings -- We Command you to take the body of James Allen if to be found in your County and him safely keep so that you have his body before the Judge of our Circuit Court to be holden for the County aforesaid at the court house in said County on the first Monday of May next then and there to answer John Fisher of a plea of trespass on the case to his damage three hundred dollars. Herein fail not and have then there this writ.
Witness the honorable Isaac R. Nicholson presiding Judge of the fifth Judicial Circuit for the State of Mississippi the first Monday of November 1830 and the 55th year of the American Independence.
Issued the 23rd day of March 1831.
Attest Stephen Cocke CK By his Deputy S.H. Buckingham
This action is founded on a promissory note executed by the defendant on the 16th day of September 1830 to secure the payment to the plaintiff or order two hundred dollars for his attention and service in a suit of Alexander Malcom against the said defendant on or before the first day of November next, after the date of said promissory note. The plaintiff having filed his declaration at the time of issuing the writ. Judgment will be required at the return term. No Bail required.
Stephen Cocke Clerk
Came to hand the 5 April 1831, and Executed 11th April 1831, by leaving a true copy of the within writ with the within named defendant and travel 198 miles.
John Dexter Sheriff By his Deputy David M. Vaughn
The State of Mississippi }
Monroe County }
Circuit Court May term 1831
John Fisher complains of James Allen being in the custody of the Sheriff of a Plea of Trespass on the Case For that whereas the said James Allen heretofore to wit on the sixteenth day of September in the year of our Lord eighteen hundred and thirty at to wit in the County aforesaid made his certain promissory note [p.14] in writing and thereby then and there promised to pay on or before the first day of November next thereafter to the said John Fisher or order the sum of two hundred dollars for his attention and services in a suit of Alexander Malcom against said Allen as value received and then and there delivered the said promissory note to the said plaintiff by means whereof the said James Allen became liable to pay the said plaintiff the said sum of money in the said note specified according to the tenor and effect of said note and being so indebted he the said James Allen in consideration thereof afterwards towit on the day and year last aforesaid at to wit in the County aforesaid undertook and then and there faithfully promised the said plaintiff to pay him the said sum of money in the said note specified according to the tenor and effect of said note yet the said James Allen not regarding his said promise and undertaking so by him made as aforesaid but Contriving and fraudulently intending Craftly and subtly to deceive and defraud the plaintiff in this behalf hath not as yet paid to the said plaintiff the said sum of two hundred dollars (although often requested so to do but to pay the same or any part thereof he has hither wholly failed and refused and still fails and refuses so to do to the damage of the plaintiff three hundred dollars and therefore he sues.
John Fisher Attr. For Self
John Fisher }
v }
James Allen }
Circuit Court Tuesday 3rd May 1831
This day came the plaintiff by his attorney and the defendant not having said anything in bar or preclusion of the plaintiff action, but therein made default. It is therefore considered by the Court that the plaintiff recover of the defendant the sum of two hundred and eight dollars and eight cents the damages sustained by reason of the nonperformance of the promise and assumption in the declaration mentioned together with the cost in this cause expended.
The State of Mississippi } }
Monroe County }
I Stephen Cocke Clerk of the Circuit Court in and for said county do certify that the above and foregoing is a true full and complete transcript of the record and proceedings had in the case of John Fisher against James Allen this 19th day of October 1831.
Stephen Cocke Clerk By his Deputy S. H. Buckingham
John Fisher [p.45] v Case James Allen
The State of Mississippi.
To the sheriff of Monroe County Greetings -- We Command you to take the body of James Allen if to be found in your County and him safely keep so that you have his body before the Judge of our Circuit Court to be holden for the County aforesaid at the court house in said County on the first Monday of May next then and there to answer John Fisher of a plea of trespass on the case to his damage three hundred dollars. Herein fail not and have then and there this writ.
Witness the honorable Isaac R. Nicholson presiding Judge of the fifth Judicial Circuit for the State of Mississippi the first Monday of November 1830 and the 55th year of the American Independence.
Issued the 23rd day of March 1831.
Attest Stephen Cocke Clerk
This action is founded on a promissory note executed by the defendant on the 16th day of September 1830 to secure the payment to the plaintiff or order two hundred dollars for his attention and service in a suit of Alexander Malcomb against the said defendant on or before the [p.46] first day of November next, after the date of said promissory note. The plaintiff having filed his declaration at the time of issuing the writ. Judgment will be required at the return term. No Bail required.
Stephen Cocke Clerk
The State of Mississippi } }
Monroe County }
I John Dexter sheriff of said County do hereby deputize David Vaughn to execute and return this writ according to law. Given under my hand and seal this 25 day of March 1831.
John Dexter {seal}
Sheriff of Monroe County
Came to hand the 5th April 1831 and Executed 11th April 1831 by leaving a true copy of the within writ with the within named defendant and traveled 198 miles.
John Dexter Sheriff By his special Deputy David M. Vaughn
The State of Mississippi } }
Monroe County }
Circuit Court May term 1831
John Fisher complains of James Allen being in the custody of the Sheriff &c of a Plea of Trespass on the Case For that whereas the said James Allen heretofore to wit on the 16th day of September in the year of our Lord eighteen hundred and thirty at to wit in the County aforesaid made his certain promissory note in writing and thereby then and there promised to pay on or before the 1st day of November next thereafter to the said John Fisher or order the sum of two hundred dollars for his attention and services in a suit of Alexander Malcom against said James Allen as value received and then and there delivered the said promissory note to the said plaintiff By means whereof the said James Allen became liable to pay the said plaintiff the said sum of Money in the said note specified according to the tenor and effect of said note and being so liable he the said James Allen in consideration thereof afterwards to wit on the day and year last aforesaid undertook and then and there faithfully promised the said plaintiff to pay him the said sum of money in the said note specified according to the tenor and effect of said note yet the said James Allen not regarding his said promise and undertaking so by him made as aforesaid but Contriving and fraudulently intending Craftly and subtly to deceive and defraud the plaintiff in this behalf hath not as yet paid to the said plaintiff the said sum of two hundred dollars (although often requested so to do, but to pay the same or any part thereof he has hitherto wholly failed and refused and still fails and refuses so to do to the damage of the plaintiff three hundred dollars and therefore he sues.
John Fisher Attr. For Self
John Fisher }
v }
James Allen }
Circuit Court May Term 1831 This day came the plaintiff by his attorney and the defendant not having said anything in bar or preclusion of the plaintiff action. But therein made default. It is therefore considered by the Court that the plaintiff recover of the defendant the sum of two hundred and eighty dollars and eight cents the damages sustained by reason of the non performance of the promise and assumption in the declaration mentioned together with the cost in this cause expended.
The State of Mississippi } [p.47] }
Monroe County }
I Stephen Cocke Clerk of the Circuit Court in and for said county do certify that the annexed and foregoing is a true full and complete transcript of the record and proceedings had in the case of John Fisher against James Allen this 31st day of January 1832.
Stephen Cocke Clerk By his Deputy S. H. Buckingham
Alexander Malcom V Debt James Allen
The State of Mississippi.
To the Sheriff of Monroe. Greetings -- We command you to take the body of James Allen if he be found in your county and him safely keep so that you have his body before the Judge of our next Circuit Court to be holden for the County aforesaid at the Court house in the Town of Hamilton on the first Monday of May next, then and there to answer Alexander Malcom of a Plea that he recover unto him five thousand pounds current money of the State of North Carolina which to him he owes and from him he unjustly detains to the damage of the plaintiff five thousand pounds. Herein fail not and have then there this writ.
Witness the Honorable Isaac R. Nicholson presiding Judge of the fifth Judicial Circuit for the State of Mississippi the second Monday of November 1829 and the 54th year of the American Independence.
Issued 1st day of April 1830.
Stephen Cocke Clerk By his Deputy I. B. Sims
This action is founded on the writing obligatory of the defendant executed the 30th October 1784 for the sum of five thousand pounds current money of the state of North Carolina said writing obligatory has a condition annexed to wit which requires of the said Allen to execute to plaintiff a good and indefeasible title in fee simple to one thousand Acres of land lying on the south side of Tennessee river at a Bluff near the north of Duck river westward of the apalachean Mountain and adjoining or near the land, laid off persuant to an [act?] of assembly of the state of North Carolina for Maj. General Green. The plaintiff having filed his declaration at the term of issuing the writ Judgement, Judgement will be required at the return term hereof. No Bail required.
Stephen Cocke Clerk By his Deputy I. B. Sims
I do hereby deputize and authorize John Holcomb to Execute this precept according to the law. Given under my hand and seal this 4th day of April 1830.
John Dexter {seal}
Sheriff of Monroe County
Came to hand 8 April 1830 John Dexter Sheriff by his special Deputy John Holcomb Executed on the 10th of April 1830.
John Dexter Sheriff By his special Deputy John Holcomb
John Fisher [p.106] v. Inter Susan Allen
The State of Mississippi } }
Monroe County }
Personally appeared George Allen the next friend of Susan Allen his infant sister before me Mathew Sims one of the associate Justices of the Circuit Court of said county who after being duly sworn says that a certain Negro Boy by the name of Toney aged about twelve years levied on by John Dexter sheriff of said county to satisfy an execution in favor of John Fisher against James Allen for two hundred and eight dollars and eight cents debt and twenty three dollars and twenty four cents costs is the property of his infant sister Susan Allen and not the property of James Allen.
George G. Allen
Sworn to and subscribed before me this 25 day of June 1831.
M. Sims {seal} A J C C M C
The State of Mississippi } }
Monroe County }
Circuit Court towit November Term 1831
Know all Men by these Presents that we George G. Allen and James Colbert are held and firmly bound unto John Fisher of said county in the penal sum of six hundred and fifty dollars which payment well and truly to be made we bind our and each of our selves our and each of our heirs executors and administrators Jointly and severally [p.105] firmly by these presents sealed and by us each respectively executed this the tenth day of November 1831.
The condition of this bond is such that the said John Fisher has sued out from the office of the Circuit Court of said County his certain writ of Fere faciay against the goods and chattels land and tenements of James Allen for the sum of two hundred and eight dollars and eight cents damages and the sum of twenty three dollars and twenty four cents cost of suit which said execution hath been levied by the sheriff of said county on a Negro boy slave named Toney as the property of the said James Allen to satisfy said execution and whereas Susan Allen an infant under twenty one years by said George G. Allen her next friend hath claimed the said negro boy Toney according to the act no such case made and proveded to be the property of her the said Susan Allen an infant. Now if said claimant shall well and truly pay to said John Fisher all such damages as may be assessed against the claimant by a jury in the case the claim shall not be sustained or shall appear to have been made for fraudulent purposes or delay and if said claim shall be determined against the claimant and the said claimant doth in such case well and truly to deliver said property to the sheriff of said county for the purposes directed by law then the above bond to be void otherwise to be and remain in full force and effect.
Witness our hands and seals this day and date above stated.
George G. Allen {seal}
James Colbert {seal}
State of Mississippi } }
Monroe County }
Circuit Court November Term 1831
John Fisher in Interpleader }
v Susan Allen by her }
Next friend George Allen}
The said John Fisher avers that the negro Man named Toney served on by virtue of the execution filed in this cause is the property of James Allen the defendant in said Execution and that said negro slave Toney is liable to the satisfaction of said execution.
Walten & Rose plff in Execution
Ans. The claimant above says that the negro slave levied on is not the property of the said James Allen defendant in the Fi Fa abd subject to the satisfaction of said Fere faciay and of this puts self on the country.
Davis & Cooper Pro Claimant
John Fisher }
Inter }
Susan Allen }
Circuit Court November Term 1831
This day came the parties by their attornies and the Plaintiff mooves the court to quash the bond in this which was overruled and thereupon came a jury towit William Richardson, Thomas Long, Noel E. Nail, William Kirk, C. M. Boggan. John Roberts, Zachariah Dodd, William Cooper, William Bartar, Thomas Ray, Henry Dunlary and Richard Ryter, Who being Elected tryed and swearing well and truly to try the issue joined and the Jurors aforesaid not agreeing on the verdict It is ordered by the court that they be kept together to consider of their verdict until tomorrow.
John Fisher } [p.106]
v. }
Susan Allen }
Circuit Court towit November Term 1831
This day came the jury of the Jury in this cause who upon their oaths doth say they find for the defendant. It is therefore considered by the court that the defendant go hence and recover of the plaintiff the cost in this cause expended and it is further ordered by the court that the defendant be permitted to charge the attendance of Benjm. Love only in the taxation of the cost in this cause as his witness and it is further ordered that the Bill of exceptions signed by the presiding Judge in vacation shall be as of this term of this court consent of parties.
The State of Mississippi } }
Monroe County }
Circuit Court November Term 1831
John Allen }
v. }
Susan Colbert who sues by }
George W. Allen her next friend }
Be it remembered that on this trial of this cause Deed of Gifts executed by Betsy Love the Wife of James Allen the father of the said Susan Allen bearing date the 14th of November 1829 (which here insert)
Elizabeth Love }
Deed To }
Sally Allen et al }
Know all men by these Presents that I Elizabeth Love of The Chickasaw Nation from natural love and affection and other good causes me here unto moving do hereby voluntarily give grant alienate in fee off and confirm unto my children the following property (viz.) 1st To my beloved daughter Sally Allen the following Slaves (viz.) Mary Ann a negro woman age about 20 years and her Children (viz.) Minny Edward and Violet. Bill a negro Boy age about 18 years and Ruthy a child about 14 years. 2nd to my beloved son George Allen the following named Slaves towit Charlotte a negro woman aged about 30 years and her child Joshua also Josiah a Boy commonly called Sy. 3rd To my beloved son Alexander Allen the following Slaves (viz.) Callus a Boy aged about 18 years and John a Boy aged 15 years. 4th To my Beloved Daughter Mississippi Allen the following Slaves (viz.) Anika a negro Girl aged about 18 years and Louis a negro Boy aged about 12 years. 5th To my Daughter My daughter Louisiana Allen the following Slaves (viz.) Sandy a negro boy aged 10 years and Dely a negro Girl aged about 8 years. 6th To my beloved Daughter Susan Allen to following Slaves (viz.) Toney a negro boy aged about 8 years and Delphia a negro Girl aged about 6 years. 7th To my beloved Daughter Tennessee Allen the following Slaves (viz.) Sam a negro boy 5 years and Dave a negro boy aged about 5 years. 8th My beloved Daughter Polly Allen the following Slaves (viz.) Emanuel a negro boy aged about 2 years and Nelly a negro about forty years. 9th To my beloved Daughter Elizabeth Allen the following named Slaves (viz.) George a negro man aged about 45 years and Richard a negro woman aged about 45 [p.107] Years. 10th To my beloved Son Samuel Allen the following Slaves (viz.) Bill a negro man aged about 50 years and Sinica a man aged about 35 years. To have and to hold the said slaves to them and their heirs forever. And I the said Elizabeth Love do hereby revoke all former gifts or grants of said Slaves and do by these presents confirm the Same to my children in the manner above structured detail. To the end that they may enjoy all the advantages proffits or Benefits accruing or to accrue from said property. In testamony whereof I have hereunto affixed my hand and Seal this 14th day of November in the year of our Lord one thousand eight and twenty nine.
Her Betsy X Love {seal} Mark
Witness Present John L. Allen Sub Agent for the Chickasaws
G. W. Long
Martin Colbert
The State of Mississippi } }
Monroe County }
Personally appeared John L. Allen and Gabriel W. Long before me the undersigned Justice of the Peace for said county and made oath that they saw Betsy Love Sign Seal and deliver the above Deed of conveyance and for the purposes therein expressed and that they together with Martin Colbert Subscribing Witnesses. Sworn to and Subscribed before me the 2nd day of November 1830.
John Fisher {seal}
John L. Allen
G. W. Long
Was read as evidence in this cause and evidence was offered to prove that the said Betsey Love was at the time of making said of gift a Chickasaw indian and according to their Costoms the Wife of the said James Allen and a resident and Citizen of the Chickasaw Nation of indians passing among said indians as well by the name of Betsey Love as also the name of Betsey Allen also the said Deed of gift was not recorded in the county of Monroe to which this part of the Chickasaw Teretory Where Allen and wife lived at the date thereof was afterwards by act of assembly attached and where said property was at the time of making said Deed of gift until the 2nd of November 1830 and that the property and that the property in dispute in this cause was not transfered from the possession of the said Betsey Love alias Betsey Allen at the time or since making said Deed of gift, but continued under the control and in the possession of the said Betsey Allen and her husband until after the notes upon [p.108] upon which the judgement of the said John Fisher in this cause was founded had been executed towit on the day of august 1830 whereupon the plaintiff by his attorney moved said court to instruct the jury that said gift was void against the Condition of said James Allen for not having been recorded within three months after the passage of the act of assembly extending the jurisdiction of this state over the said Chickasaw nation of indians which instructions the court refused to give to the jury to which opinion of the courts refusal to instruct the jury as requested as aforesaid the said plaintiff John Fisher by his attorney excepts and prays that this bill of exceptions may be signed & sealed by the court & made a part of the record in this case and after evidence that the slave in question was the separate property of said Betsey Love by the usage and customs of the said nation of indians husband & wife held the property separate over which they severally exclusive controled that this is no community of interests or of acquets & [__?__] between husband & wife that each contract debts on their own accounts and are separately liable that the wife has the sole care and management of her children that the slave in question was the child of a negro woman slave owned & claimed by said Betsey Love & that said Betsey possessed and retained title to said slave up to the time of the gift of the said Susan Colbert who is a minor under twenty one years of age residing with her parents, and that said Betsey Love has long previous to the time of making said deed given the slave in question to said Susan Colbert who claimed said slave as her own property by virtue of said gift, this exception was taken before the judge in this cause [__?__] the B[_?__]. Given under my hand and seal.
E. Turner
The State of Mississippi
Monroe County.
I Stephen Cocke Clerk of the Circuit Court of said County do certify that the above is a complete transcript in case John Fisher against Susan Allen given under my hand & seal this 30 May 1832.
Stephen Cocke Clerk
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