Carter vs. Bennett.-Statement of Case. Patsey and child, a dark woman, 28 years old; Sally, a black woman, 40 years old; Andrew, black boy, 11 years old; Albert, yellow man, 20 years old; Irene, yellow girl, 13 years old; Jane and child, yellow woman, 18 years old: In satisfaction of said order and execution. December 17th, 1842. N. HAWLEY, Marshal District of Apalachicola. It is admitted by counsel for Carter that the levy therein referred to was made and directed by Farish Carter, that the negroes were sold according to the advertisement, and that the said Carter received the proceeds of the sale. It is further admitted on the part of Carter's counsel, that such of the negroes named in the declaration of Bennett, as are described or named in said advertisement, were in the possession of Bennett when the levy was made. That such of the negroes named in the declaration of Farrior as are described or named in said advertisement, were in the posssssion of Farrior when the levy was made. That such of the negroes named in the declaration of Roberts, Allen & Co. as are described or named in said advertisement, were in the possession of Roberts, Allen & Co., when the levy was made. It is further admitted by counsel for Carter that said negroes were levied on by Hawley, the Marshal, by the direction and order of the said defendant, and that in pursuance of said orders and direction of said Carter said negro slaves were taken from the possession of plaintiff, and that said levy and seizure by said Marshal was previous to the commencement of said suits, and that said negro slaves were sold by said Marshal under the direction and at the instance of said Carter, and for his use and benefit. Defendant further agrees to admit, if required by plaintiff on the trial, that defendant, Carter, has recovered Carter vs. Bennett.-Statement of Case. a judgment in the State of Georgia against plaintiff, Bennett, for the following named negroes, to wit: Cato, Elias, Sam, John, Charles, Henry, Dinah, Antoinette, Fanny, Emeline, Amarilla, Nancy and Enoch, that said last mentioned sixteen negroes are a portion of those sued for by plaintiff, and contended by defendant as having been taken from Richard H. Long by plaintiff, Bennett, subsequent to these suits. It is understood that neither party admits identity, of any negroes in declarations or mortgage. No understanding or agreement, not signed by the parties, is to be considered as binding. Depositions of Brown may be withdrawn, and his testimony and Milligan's to be taken if deemed fit, by plaintiff, provided Brown's depositions now taken are returned to the court, and which either party may use if they think fit, if legal testimony. Felton's testimony to be retaken by defendant, if he deems it necessary, provided the first depositions are returned to the court on trial. Plaintiff is willing to waive any objections as to any formalities on the envelope of Felton's depositions now on file. December, 1846. December 14th, 1848. It is further agreed that the paper of 16th day of March, 1842, signed and sealed by A. T. Bennett and R. J. Floyd, and witnessed by J. C. Harris and J. M. Teague, decd., shall be read without proof of hand writings of witnesses or parties in all cases in Franklin county in which Farish Carter is a party. The defendant, to sustain his case, relied upon the foregoing agreement of counsel, which had been adduced as a part of the plaintiff's evidence, and read to the jury the following original mortgage of Warren Jordan to the Georgia Railroad and Banking Company, viz: Whereas, an arrangement was entered into on the 28th Carter vs. Bennett. -Statement of Case. day of December in the year eighteen hundred and thirtyeight, by and between Warren Jordan of said county, and the Georgia Railroad and Banking Company, whereby a loan of twenty-five thousand dollars was extended by said company to the said Warren, on his note for that amount, dated the date and year aforesaid, payable one hundred and eighty-four days after date, to the order of, and endorsed by Reuben Thornton, of said county, and secured by a mortgage of even date on the property hereinafter described, (with the exception of lot No. 285 in the second District of Baker county in this State, containing 250 acres of land,) which said note it was agreed should be renewable every six months after the first day of January, 1839, so as to be made to fall due on the first days of July and January in each year for five successive years, from and after the said first days of July and January, or on the first discount days of said Bank succeeding the said first days of July and January, 1839, subject to a reduction of 10 per cent. at each renewal, or 20 per cent. annually, as the said Bank might thereafter require the whole amount of the twenty-five thousand dollars to be paid by the expiration or within the limits of five years as aforesaid from the said first day of January, 1839, together with all interest and expenses that might be required by said Bank, at each renewal, in accordance with its rules and regulations, not to exceed the rate of 8 per cent. per annum. And whereas, in accordance with the said arrangement, the said Warren renewed his said note so given as aforesaid for $25,000, by giving a new one, with the same endorser, to the said Georgia Railroad and Banking Company, on the first day of July, 1839, payable six months after date for $22,500, and paying the reduction and interest required by the Bank. And whereas, it being now discovered that there has been an omission to record the said mortgage, and that the time allow Carter vs. Bennett.-Statement of Case. ed by the statute of the State for that purpose has elapsed, the parties have agreed to remedy the omission by the execution of a new mortgage of the same property, with the addition aforesaid, and the due record thereof, for the security of the said note of $22,500 now remaining in said bank, and of all other notes that may be given in renewal thereof, or of each other, and of the interests and costs that may accrue on the same. To these ends, therefore:This indenture made and entered into this 30th day of October in the year of our Lord, 1839, by and between the said Warren Jordan, of the first part, and the said Georgia Railroad and Banking Company, of the second part, witnesseth, that the said Warren Jordan, for and in consideration of the premises, and the sum of ten dollars to him in hand paid by the said Georgia Railroad and Banking Company, at the sealing and delivering of these presents, the receipt whereof is hereby acknowledged, hath given, granted, bargained and sold, and by these presents doth give, grant, bargain and sell to the said Georgia Railroad and Banking Company, the following land, town lots and negroes, to wit:fifteen hundred acres of land immediately adjoining the town of Gainesville in the said county of Hall and State aforesaid, comprising lots Nos. 149, 150, 152, 153, 167, 168, and parts of lots 154 and 136, forming one body, lying on both sides of Flat Creek, adjoining lands of Cooper, Daniel Mitchell and others; together with all the various buildings thereon, comprising six dwelling houses, and a great variety of other houses necessary for the different lots and settlements thereon; which said tract of land is the one whereon the said Warren now resides. Also the following improved lots in the town of Gainesville, to wit: Part of 11 and 12, with store house and improvements thereon, fronting on the public square, adjoining property belonging to Rivers on the North, and Brown on the South; lot Carter vs. Bennett.-Statement of Case. No. 28, with the buildings and improvements thereon; also 300 acres of land in the second and third Districts of originally Early (now Baker) county, in said State, comprising six lots on the Colewake Creek, known as Nos. 271, 272, 273, 274, 275 and 286, adjoining Dennard, John Taylor and others. Also on Chickasalratchie Creek, No. 180, 179, 219, 220, 224, all in the second District, and 181 in the Third District aforesaid; which said lots or tracts of land were conveyed by Jerry Cowles to the said Warren Jordan. Also lot No. 285 in the second District of said county of Baker, containing 250 acres. Also the following negroes, to wit: Davy, carriage driver; Albert, house servant; Richard, shoemaker; Cato, Ben, Coon, Charles, Billy, Tom, Abram, Allen, Henry, Ivey, waggoner; Jeffrey and Horace, Jack, Toin, superior house carpenter; Amos and Moses, good house carpenters, and Lane, making twentyfour fellows. Also Isaac, Americus, Elias, Starling, Tom, and Rica, six lads nearly grown. Susan and her eight children, as follows: Mariah, grown, Amelia, nearly grown, Rica, plough boy, Edenboro, Charlotte, Pompey, Sarah and William, Narcissa and her four children, Washington, Olive, Darby and Clement, Rachel and her two children Ally and Grandison, Martha, a grown woman, Dafney and Nancy, two women, Jainey and her child Caroline, Dinah and her four children, Irene, Antoinette, Marcus and Amarilla, Penny, a woman, Patty and her child, Rose and her seven children, Clarissa, Joe, Emeline, Camilla, Ellen, Araminta and Angeline; two Sarahs, women, Patsey, a valuable cook, Mary, house servant and seamstress, Sarah, cook and washer, Fada and Rhoda, two women, Harriet and her two children, Frances and Monroe; Siller and her child Major; Gilbert, Ferrel and Andrew, three lads :Together with all and singular the rights, members and appurtenances to the said lands belonging or in any wise : |