1839 County Court Minutes

Compiled in July 1993 and submitted by Jacquelyn Cox Otts

I hope these notes will provide clues as to the location of these people during this period of time. I have attempted to keep the spelling of the names as I saw them in the records.

February Term 1839
Honorable John E. Sumner, Presiding
Edward Lee, Esquire, Sheriff
Summoned for jury duty: Charles J. Penick, Presley Rottenbery, John Hicks, Jesse Avery, Daniel C. McSpadden, George Espy, Ignatious Thompson, Joab Mosley, Squire Harpole, George Leach, Howell Johnson, William Houston, John Hester, Young Goodwin, Thomas A. Jordan, James Stanley, Bransan Larrence, Thomas Tucker and James W. Davis. Thomas Tucker and Charles Penick excused.

Daniel Rayfield vs Shadrack Rice - p. 30
Case continued until next term.

George Barrentine vs Joshua Creel - p. 30
Defendant had died since last term of court. Court ordered James Caddell, William Creel and Jackson Creel, administrators of the estate of Joshua Creel, be made parties to this suit. Case continued since these defendants had not had legal notice of the prosecution.

Ruth Tucker vs Benjamin Sinclair and Isaac Parker - p. 31
Defendants made default. Plaintiff to recover from the defendants $198.90 (promissory note) plus costs incurred.

I. or J. Cantly & Co. vs _____ Henson - p. 31
Defendant made default. Plaintiff to recover $70.54 (promissory note) plus costs incurred.

Anthony Stoutenborough vs George Espy - p. 31
Defendant withdrew his pleas. Plaintiff to recover $113.41 (promissory note) plus costs incurred.

Anthony Stoutenborough vs Ransom Davis - p. 32
Plaintiff to recover $237.70 (promissory note) plus costs incurred.

Anthony Stoutenborough vs Charles J. Penick - p. 32
Plaintiff to recover $107.60 (promissory note) plus cost incurred.

Anthony Stoutenborough vs Michael Mayberry - p. 32
Plaintiff to recover $1241.50 in damages plus costs incurred.

Anthony Stoutenborough vs John B. Wood - p. 33
Plaintiff to recover $159.26 (promissory note) and costs incurred.

Anthony Stoutenborough vs Oliver Harper - p. 33
Plaintiff to recover $104.43 (promissory note) and costs incurred.

Anthony Stoutenborough vs James T. Harwell - p. 33
Plaintiff to recover $103.12 (promissory note) and costs incurred.

Anthony Stoutenborough vs Berry Owens - p. 34
Plaintiff to recover $127.04 (promissory note) and costs incurred.

John Hubbard vs John W. Jones - p. 34
Defendant made default. Plaintiff to recover $91.73 (promissory note) and costs incurred.

John W. Mardis, for the use of Lewis Hutchins, vs James W. Davis - p. 34
Plaintiff to recover $112.21 (promissory note) and costs incurred.

Isaac Howell and Hillyard J. Wilson, for the use of Samuel Catlin?, vs James Devanport - p. 35
Plaintiff to recover $76.50 (promissory note) and costs incurred.

The Executors of Ebenezer Leeth vs Alexander Hill - p. 35
Defendant made default. Plaintiff to recover $52.85 (promissory note) and costs incurred.

The Executors of Ebeneezer Leeth vs George Leeth - p. 35
Jury: James W. Davis and others. Plaintiff to recover $87.56 in damages (promissory note) and costs incurred.

The Executors of Ebenezer Leeth vs Neeley McGuire and Joseph Ferrington? - p. 36
Defendants made default. Plaintiff to recover $112.40 in (promissory note) and costs incurred.

The Executors of Ebenezer Leeth vs George Leeth and William Carter - p. 36
Defendants made default. Plaintiff to recover $107.13 and costs incurred.

James Hill vs Robert W. Carleton - p. 36
Defendant made default. Plaintiff to recover $261.61 (promissory note) and costs incurred.

John Goulding, for the use of Lewis Hutchins, vs John Splawn - p. 37
Defendant made default. Plaintiff to recover $54.59 (promissory note) and costs incurred.

The Executors of Ebenezer Leeth vs James ______ and George Leeth - p. 37
Jury: James W. Davis and 11 others. Plaintiff to recover $58.75 (promissory note) and costs incurred.

William Furger? vs Ransom Davis - p. 37
Defendant made default. Plaintiff to recover $1,080 (promissory note) and costs incurred.

Harvey & Craig vs William Thompson - p. 38
Plaintiff to recover $80.21 (promissory note) and costs incurred.

Harvey & Craig vs William Mullendone - p. 38
Defendant made default. Plaintiff to recover $73.39 (promissory note) and costs incurred.

Luke Crumpton vs Ausmus? Hubbard - p. 38
Plaintiff to recover $60 (promissory note) and costs incurred.

John Hunt vs Hardy Johnson - p. 39
Plaintiff to recover $96 (promissory note) and costs incurred.

Clark & Peters vs Charles J. Penick - p. 39
Plaintiff to recover $65.55 in damages and costs incurred.

H.? J.? Catlin vs Charles J. Penick and Squire Harpole - p. 39
Defendant made default. Plaintiff to recover from defendant and Squire Harpole, his security, the sum of $51.84 (promissory note) and costs incurred.

Thomas Crawford vs Robert W. Carleton - p. 40
Jury: Presley Rottenberry, Daniel McSpadden, Squire Harpole, Jesse ____, John Hicks, (There was no punctuation. I have added commas where I thought they should be. The previous names/name was actually written "Jesse John Hicks".) George Espy, Joab Mosley, Ignatious Thompson, James Y. Garrett, Jessee Leeth, Moses Parker, Henry Avery. Defendant to recover his costs from the Plaintiff.

John Lightfoot, for the use of Meradith Digby, vs John Clark and James Clark - p. 40
Permission for plaintiff to amend his declaration and case continued until next term.

The Tuscaloosa Manufacturing Company vs Joseph George - p. 40
Plaintiff to recover $61.21 for debt, $6.50 damages caused by the detention of the debt, and costs incurred in prosecution.

The Tuscaloosa Manufacturing Company vs James Steele - p. 40
Garnishee admitted that he had in his possession an umbrella and a razor of the defendant. Garnishee ordered by court to deliver to Sheriff the said property for the purpose of satisfying the judgment.

John Osgood vs Boyd and Davis - p. 41
Plaintiff to recover $203.66 (promissory note) and costs incurred.

Alfred H. Wallace and Maynard G. Harris vs James L. Waggoner - p. 41
Defendant made default. Plaintiff to recover $81.84 (promissory note) and costs incurred.

Bright? Ledyard vs Benjamin Sinclair and Absolom C. Harrison - p. 41
Plaintiff to recover $599.92 (balance due on promissory note) and costs incurred.

Halsey ______ & Co., vs Claiborne Hinds and James Hinds - p. 42
Plaintiff to recover $130.98 (promissory note) and costs incurred.

J & W Kelley & Co. vs Edward W. Houghton and Benajah L. Camp & Co. - p. 42
Plaintiff to recover $113.50 (promissory note) and costs incurred.

Benjamin Camp vs James W. Davis - p. 42-43
Jury: Branson Larrence, Howell Johnson, John Hester, Young Goodwin, George Leach, Thomas A. Jordan, James Stanley, Moulton Rayfield, Alfred Potts, Lemech? Ronuror?, Hackney Taylor, George Taylor. Plaintiff to recover $115.17 and costs incurred.

G. G. Johnson & Bright vs Josiah S. Kennedy & Co. - p. 43
Plaintiff to recover $198.92 (promissory note) and costs incurred.

G. G. Johnson & Bright vs Josiah S. Kennedy & Co. - p. 43
Plaintiff to recover $671.90 in damages and costs incurred.

William J. Campbell & Richmond Nickols vs Ransom Davis - p. 44
Plaintiff to recover $112.73 in damages and costs incurred.

Ausas? Elliot, for the use of John E. Hughs, vs David S. Boyd and Arthur Davis - p. 44
Case continued to next term.

Ira Cowqer vs William Tubb - p. 44
Case continued to next term.

Thomas Crawford and Josiah Hinds vs Asa Perkins - p. 44
Samuel Stanley, garnishee in this case, stated under oath that he was not indebted to Asa Perkins. Plaintiff to pay costs of this proceeding.

Shepheard Deason vs Isaac Horne - p. 45
Jury: Presley Rottenberry, Daniel McSpadden, Squire Harpole, Jesse Avery, John Hicks, George Espey, Joab Mosley, Ignatious Thompson, William O. Garrett, William McKleroy, John Chism, and Jacob Lightsey. Jury unable to agree-mistrial. Case continued to next term.

Philip J. Weaver vs Ransom Davis - p. 45
Case continued until next term.

John D. Forest, James Morris, and Samuel H. Wilkins vs Samuel H. Cox and Absalom C. Harrison (name of John C. Harrison stricken) - p. 45-46
Jury: Branson Larrence, Howell Johnson, John Hester, Young Goodwin, George Leach, Thomas A. Jordan, James Stanley, James W. Davis, Eli Buckhanan, A. R. P. Canwell, James Hill, William Davis.

Plaintiffs to recover from defendants the sum of $2408.53 in damages and costs incurred.

William Fryer vs William Henderson - p. 46
Plaintiff to recover of $131.11 in damages and costs incurred.

James Miles vs William Henderson - p. 46
Plaintiff to recover $206.31 (amount due on promissory note) and costs incurred.

Byers Bradford & Co. vs James Blythe - p. 47
Defendant made default. Plaintiff to recover $89.29 (balance due on promissory note) and costs incurred.

Anthony Stoutenborough vs James W. Davis - p. 47
Jury: Presley Rottenberry and 11 others. Plaintiff to recover $974.00 and costs incurred.

Henry C. McClung vs Charles J. Penick - p. 47
Jury: Presley Rottenbery, Daniel McSpadden, Squire Harpole, Jesse Avery, John Hicks, George Espy, Joab Mosley, Ignatious Thompson, Alfred Carr, Lunsford Lowe, Joel Parker, Samuel H. Cox. Plaintiff to recover $37.80 and costs incurred.

Thomas Crawford vs William Henderson - p. 48
Defendant failed to appear but because damages in this case unknown to court a jury was called. Jury: Squire Harpole and 11 others. Plaintiff to recover from defendant $61.51 and costs incurred.

George Taylor vs William D. Jones - p. 48
Defendant to recover costs incurred from plaintiff.

Peter Harris vs William Davis - p. 48
Plaintiff in this case was not served with notice. Case continued until next term.

Lewis Kennedy vs Jesse H. Fulcher - p. 48
Arbitrators: B. L. Defreese and Thomas Crawford. Lewis Kennedy entitled to recover from Jesse H. Fulcher $75, the amount of the promissory note plus interest from 1 January 1839.