Betts et al. v. Betts

(8) 15th On the 8th day of May A.D. 1833 Samuel N. Brown of said District another of the defendants hereto in the Circuit Court of Barbour County in said District for the use of Samuel Harrison another defendant hereto and who is over the age of twenty one years and resides out of this State but whose address is unknown to complainant recovered judgment against Defendant Betts for the sum of Seven hundred and Eighty one 20/100 Dollars besides costs

16th On the 10th day of May A.D. 1833 Thomas A. Brannon another Defendant hereto & who is over the age of twenty one years and resides out of this State but whose address is unknown to complainant sueing in the name of certain persons styled G. L. & E. Penn & Co. for his own use recovered judgement against defendant Betts for the sum of One Hundred & thirty four 96/100 Dollars besides costs in same Circuit Court.

17th That at the Spring Term A.D. 1844 of Barbour County on the 10 May 1844 Francis S. Jackson of said district another defendant hereto recovered judgement against defendant Betts for One Hundred & thirty 80/100 Dollars besides costs.

18th. That said G. L. & E. Penn & Co have not nor have either of them any interest whatever in the judgement in said 16th paragraph mentioned.

19th. That all said judgements have heretofore by Defendant George W. Gunn of Macon County out of funds of defendant Betts and for him been satisfied and paid in full. And if not paid out of the proper or individual funds of defendant Betts Complainant believes and charges that they (all said judgements) were paid and satisfied for him Betts by defendant Gunn in pursuance of said Gunn's contract with defendant Betts upon sufficient valuable consideration.

20th That defendant Gunn instead of entering satisfaction of record upon said judgements (as he ought

(3) to have done) assuming the right to control the same as purchaser hath need out Executions upon all of them and caused the same by the Sheriff of Barbour County to be hired on the following property found in Complainant's possession to wit, thirteen square bales of cotton, one bay horse, two sorrel mules, one four wheeled pleasure carriage and Ann one of the Slaves mentioned in paragraph No. 6.

(9) 21st. That said Ann is not subject to the debts of defendant Betts but is Complainants seperate property and that all said cotton is the proceeds of the labour of Complainants seperate property the slaves in said 6th paragraph mentioned & not liable to said executions that said horse mules & carriage something over three years ago and before the rendition of either of said judgements were given complainant by defendant Betts on the occasion of his abandoning her and for her necessary maintenance and support, since when she hath been of no charge to said Betts but hath dealth as a feme sole and by the tacit consent of said betts hath treated all said property as her seperate Estate and in fact by such consent & under such her custom of dealing before the lien of either of said Executions Attached complainant for a valuable consideration paid had sold all said cotton to one Edward Young and was at the time of said levy only bailee in respect thereof for said Young, and responsible to him for its delivery -

(10) 22d Complainant believes and charges that defendants Gunn & Betts collude together to keep said judgements open & thereby to strip complainant of whatever defendant Betts hath left for her support, and Complainant fears that other such property may be seized & taken from her thereby and that thus her equitable claims aforesaid against defendant Betts as also her right to Alimony out of his Estate may be wholly defeated, in asmuch as defendant Betts has already transferred to his codefendant Gunn all his effects save the trifling amount of personalty he gave Complainant as aforesaid for his sustenance, but which they now seek to put in the same

predicament with the residue of his property.

(11) 23d. Complainant further shows that her brothers Alexander Walker and Isaiah Walker both late of the County of Burke and State of Georgie the Trustees named in said Exhibit A. both died heretofore at their respective residences in said State of Georgia - that said Isaiah never accepted said trust and he died in A.D 1831 - that said Alexander accepted the trust and managed and controlled the property aforesaid then in possession till Complainants intermarriage ith defendant Betts and recognized the marriage with defendant Betts and recognized the trust till after Complainant's removal to Alabama, since which time Said Alexander virtually abandoned the said trust to the time of his death in June A.D. 1845. And that Augustus Reese, a non resident and citizen of the County of Morgan in the State of Georgia near Madison post office, and over the age of twenty one years is the Administrator of the Estate of said Alexander.

(12) Now because your Oratrix is without remedy save in Chancery and to the End that defendants may answer the premsies - And that said declaration of intention (copied in Exhibit A.) may be reformed so as to correspond with the intentions of Complainant's father at the time he Executed the same as hereinbefore stated & charged (sec. 5.) And that said ante nuptial agreement may be Enforced - and that all said property may be decreed to be vested in and settled in Complainant to her seperate use free from the marital right of her present or any future husband.

And that Complainant may be divorced from her said husband and the bonds of matrimony now subsisting between them may be dissolved. - And that said several conveyances from defendant Betts to defendant Gunn may be set aside and held for naught: and that competent alimony and support may be decreed to Complainant out of defendant Betts' own Estate: And that he may account for Complainant's property and use and profits thereof

by him had and converted as aforesaid.

And that defendant Gunn and the said plaintiffs at Law and aso the said Betts if he be concerned therein by perpetually enjoined from collecting said executions or any of them out of said Slaves or out of any of the property hereinbefore mentioned as levied on, or out of any property heretofore left by defendant Betts with Complainant for her support, or out of any property complainant may own or possess now or hereafter; And that in the mean time till further order in that behalf said defendants and each of them may be enjoined & and restrained from collecting said executions or attempting to collect the same or either of them, out of any such property as is specified in the prayer for perpetual injunction: And that said trustees may be removed, and that Complainant's prochien ami herein named may be and who is nearer at hand may be appointed in their stead. Complainant hereby waiving any account by her said former trustees.

(13) And for such further and other relief as the circumstances of your Oratrix case may require. May it please your Honor to grant to Oratrix the States writ of Subpoena directed to said Elisha Betts, George W. Gunn, Samuel N. Brown, Samuel Harrison, Thomas A. Brannon, Francis S Jackson and Augustus Reese. Administrator as aforesaid requiring them & each of them within such time as the law prescribes to appear in the Honorable Court of Chancery at Clayton aforesaid, and answer, demur to, or otherwise defend against the premises as they are bound to do: and that said non resident defendants may be notified by publication as the law prescribes and thereby required in like manner to defend against the premises. And that the defendants may stand to abide and perform such decree as may be rendered in the premises. And your Oratrix will ever pray. Burford & Pugh Comp Sol.

Affidavit : State of Alabama} Before me Zadock J Daniel, a Justice Barbour County}of the Peace in and of said County

personally came Maria Betts complainant named in the foregoing Bill who being dully sworn deposeth and saith that all and singular the allegations in said bill contained and stated as his own act and deed or as of her own knowledge, she knows to be true and that all the other allegations & charges of said bill she believes to be true. Maria Betts

Sworn to & Signed before me this17th day of March A.D. 1876 Z. J. Daniel J.R.

Exhibit B (Exhibit B) The state of Alabama - Chambers County Know all men by these presents that I Elisha Betts formally of the Count of Barbour but now in the County of Chambers & said State, for and in consideration of a certain obligation by George W. Gunn of the State and County first above named for the payment of certain moneys therein specified, this day executed and to me delivered as also in consideration of the services of G.W. Gunn heretofore rendered and of the sum of one thousand dollars to be paid to my creditors, as in consideration of the sum of one dollars to me in hand paid by said George W. the receipt of which is hereby acknowledged, I the said Elisha Betts, have bargained sold, enfeoffed , conveyed and delivered and by these presents, do bargain, sell enfeoff convey and deliver into the said George W. Gunn, his heirs, executors & assigns all the following property or property herein after named both real and personal, to wit, the rest half of Block thirty eight being a lot of Land in the Town of Enfaula formely Irwinton, lying on main street & containing about two acres, originally settled by myself and whereon William H. Betts lived at the time of his decease and wherein one Cannon now lives. Also lot No (4) Four in BLock Lettter B on the plan of the said town, and running one hundred and five feet on Broad Street. Two hundred & ten feet on Enfaula Street. The same being a portion of Section 32. J. 11. of Range 29. Also one equal undivided half of that tract or parcel of land Lying on the North and South side of Chewalla Creek near the Town.