Reed v. Smith

State of Alabama Perry County } Be it remembered what herefore [ illegible word ] on the 25th day of March AD 1846 there was issued from the clerks office of the Perry Circuit Court in and for the County of Perry and State of Alabama a writ in the words and figures following [ illegible ]. The State of Alabama, Perry County. To any sheriffs to take Robert Smith if to 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 at the Courthouse in and for the County of Perry on the fifth monday after the fourth monday in March [ illegible word ] 1846 when and thereto answered writ James Reed in a plea of tresspass & to the damages of said plaintiffs of two thousand dollars herein fail [illegible] [illegible] have you then and there this writ. Witness James C Harrell Clerk clerk of our said Circuit Court this 25th day of March in the year of our Lord One thousand eight hundred and forty six and of the independence of the United States of America the seventeeth year J.C. Harrell Clerk issued 25th day of March AD 1846 This is our action of tresspass brought as well to try [ illegible word ] as to recover damages for the [ illegible word] of the same certain houses and tracts of Land. Lying and being in the County of Perry and State of Alabama designated and known as the east half of the South east Quarter and the south east quarter of the north east quarter of Section thirty six in township eighteen of Range six east in the Cahawba district, the plaintiffs James Reed claims the whole of said houses and tracts of land and the defendant with force and arms has entered and ejected the plaintiff, and keeps him out of possession of the Same [Meoore?] + Crook and [ Lewis?] plaintiffs attorney. Received 26th March 1846 Executed April 11th 1846 J M. Williams Shff by [ illegible name ] The State of Alabama Perry County Circuit Court Spring,

Term 1846 James Reed plaintiffs by attorney complains of Robert Smith defendant being in custody of the sheriff of a plea of tresspass & For that she said defendant heretofore to wit on the first day of January eighteen hundreen and forty six as to wit in the County of Perry and State aforesaid with force and arms broke and entered a certain close of the plaintiff to wit certain houses and tracts or parcels of Land lying and being in the county of Perry and State of Alabama designated and known as the east half of the south east quarter, and the south east quarter of the north east quarter of section thirty six in Township eighteen of Range six East in the Cahawba District and then and there ejected ex pelled and put out the said plaintiffs from the possession + use of said house and lots and kept and continued him so put out ejected and expelled for a long space of time to wit from thence hitherto whereby the plaintiffs for and during all that time lost and was deprived of the use and benefit of said houses and lots by means whereof the said plaintiffs for and during the time aforesaid lost and was deprived of the profits benefits and advantages which might and otherewise would have accrued to him from the possession use occupation and enjoyment of said houses and tracts or parcels of land to wit in the County of Perry and State of Alabama, and other wrongs to the said plaintiff when and where did in contempt of and against the peace and dignity of the state of Alabama and the great damage of the said plaintiff, to wit the sum of Two thousand dollars and against the forms of the Statute in such cases made and founded. [ name ] attny for plaintiff

Fall Term 1846 Continued by the Court

Spring Term 1847 Continued by Sickness of Plaintiff Counsel

Fall Term 1847 The following order was made in this cause to wit. ] This day came the parties by then attorneys and joined issue wherefore to try this cause less a jury come and

thereupon came a jury of twelve good and lawful men [ illegible word ] John L Livingston and eleven otheres who being elected tried and Sworn well and truly to try the issues joined do upon their oaths say that they find ssue for the defendant. Is in therefore Considered by the court that the Defendant go hence [ illegible word ] day and recover of the plaintiffs his [ illegible word ] in this behalf expended for which execution may issue.

Bill of Exceptions} _{James Reed vs Robert Smith}} Circuit Court Perry County Fall Term 1847 Tresspass to try title Be it remembered that on the trial of this above cause stated cause. the plaintiffs to establish his right to recover the lands in controversy. introduced and read to the jury a deed from Job M. Williams as sheriff of Perry County with the endorsements therein by the Clerk of the County Court showing where it was recorded conveying said lands to him. Which deed is in the words and figures following [illegible word]

The State of Alabama Perry County SS To all persons to whom these presents shall come, I Job M Williams sheriff of Perry County send Greeting Whereas by writs of Executions issued from the office of the Clerk of the Circuit Court for Perry County and State of to be directed and delivered and dated the 18th day of December 1843. I was commanded to make of the goods and chattels lands and tennements of John Scarborough if to be found in my County. the sum of One hundred and fifty seven 12/100 Dollars which Jacob [McElroy?] use had recovered against him for seventy eight 56/100 Dollars and one that James Reed had recovered against him for seventy eight 56/100 Dollars had recovered against him in the said Court for all of both one hundred and fifty seven dollars and twelve cents, and also the further sum of twenty seven dollars 44 cents costs of [illegible word] and whereas affix the coming

of the said writs to me as such Sheriff. and before as such sheriff, and before the day of the return thereof. I did by virtue of the same seize and take the lands hereinafter described, and have for wants of goods and chattels of the said Defendants in my County to satisfy said Writs of Execution sold the said Lands as in hereinafter mentioned at publick auction having duly advertised the same. and given to the said Defendant notice of said levy and seizure. according to the provisions of the satute or such cases made and provided to James Reed for the sum of Fifty eight 80/100 Dollars. The being the highest and best bidder for the same Now know ye what I Job M Williams Sheriff as aforesaid Perry County and state of Alabama in virtue of the aforeseaid sale. and of the annointing vested in me by law in consideration of the said sum of Fifty eight and 80/100 Dollars to me in hand paid by the said James Reed the receipt whereof is hereby acknowledged have granted bargained and sold and do by these presents grant bargain and sell unto the said James Reed un to his heirs and assigns forever all the following described lands [ illegible word] the east half of the south east quarter and the south east quarter of the north east quarter of section thirty six in Township Eighteen of Range six east on the Cahawba district. To have and to hold the said lands with all and singular the appurtenances and improvements therewith belonging or in any use appertaining with the said James Reed his heirs and assigns forever in such right title interest and estate as the said John Scarborogh had in the same on the said 18th day of December in the year 1843 or at any time since had or now hath as fully and absolutley as I the said Job M Williams as sheriff of said County of Perry of and under the authority of the aforesaid Execution might could or ought to sell and convey title to the same. In testimony whereof. I have herewith set my signature and affixed my seal this 4th day of March in the year 1844

[illegible word] Jw Cunningham clerk, Job M Williams shff (seal)

The State of Alabama Perry County} Personally appeared before John Cunningham clerk of the county court of said county the above named Job M Williams sheriff who acknowledged that he signed sealed and delivered the foregoing deed on the day and year therein mentioned to the aforesaid James Reed. Given under my hand and seal at office this 4th day of March AD 1844 JW Cunningham (seal) CLK County Court Perry County Filed for registration March 4th 1844 Recorded in Book C Page 2112 + 13 John Cunningham Register plaintiffs next introduced and read to the jury [illegible word] executions against one John Scarborough, are in favor of plaintiffs and the other in favour of Jacob Mc Elroy for the use of plaintiffs for the sum of Seventy eight 56/100 Dollars each. besides the costs issued on of the office of the clerk of the Circuit Court of Perry County on the 18th day of December 1843 plaintiffs also provided and read to the jury the judgement on which said executions were issued. Which appeard to have been rendered on the 8th day of November AD 1841 the endorsements of said executions by said Williams as Sheriff showed that they were received by him on the 18th December 1848 and levied by him on the said lands sued for in this action, on the 22nd January 1843 and sold to satisfy said executions of the 4th day of March 1844 to plaintiffs for fifty eight 80/100 Dollars the consider ation mentioned in said Sheriff deed, plaintiffs then introduced the original papers in said suits Which showed that the suits were commenced on the 17th day of April 1841, and founded on two promissory notes both dated 26th February 1840 and made by said John