Betts et al. v. Betts

of Enfaula, being that part of section twenty nine. Township Eleven and Range twenty-nine lying on the North and South sides of the said Creek from a Beach Tree sanding on the brow of the Creek Branch above the Mill oposite the first considerable bend in said Creek above the Mill, thence in a straight line to an Elm tree, and at the mouth of a ravine which runs through the field and intersects said Creek below the Mill, both said Trees marked with chops about February A.D. 1838. With one equal half of the saw and grist Mill situate thereon and the Mill Stone. Irons, wheels & other appertenances and apperatus thereinto belonging or appertaining, as well as rents, profits, issues and dues on account of the same, also the following personalty, to wit, seven slaves, Harry, Stephen & Fill fellows, Alexander, Melville and Theodore, boys and Amanda, a girl - one Bay horse called Kean, one Bay Colt called Bonnet, 6 Blue, one yoke of oxen, one undivided half of all my cattle and Hogs, one undivided half of all my Bacon, corn, household furnature, beds, bedding, plantation tools and uten implements of husbandry, with all my corn and interest at the Mill, debt and dues in the County of Barbour. Together with all and Singular my right and title and claim and interest in and to all the property real and personal purchased at a sale of property under execution in favor of William Solomon vs William Taylor, W. Wellborn. J.M. Moore & E. Betts, sold as the property of said W.J.Taylor Jr, which said Wellborn, Moore and myself were equally interested, inclusive of real and personal property and debts due for or on sale of said property including of real property , a House and Lot now occupied by Mrs. Horne, formerly by said Taylor, my said interest being one thrid. Together with the South East quarter of Section thirty four and the west half of Section thirty five in Township Twelve and Range twenty eight reserving to my wife a life estate in and to said quarter and half section last named as is more particularly specified in a deed to G. W. Gunn as Trustee for her use during her life. To have and to hold the said Estate real and personal together with all and singular

the improvements, rents, issues and profits of in & to the same unto the said George W. Gunn, his Heirs and assigns to his and theirs proper use benefit and behoof forever in fee simple, and the title aforesaid I will forever warrant and defend as also my heirs and legal representatives to the said George W. Gunn his heirs and assigns. In Testimony whereof which I have hereunto set my hand and affixed my seal the tenth day of March in the year of our Lord one thousand eight hundred and forty three signed, sealed acknowledged and delivered the day and date above mentioned in presence of Pascal M Allison } Elisha Betts (seal) Evan G Richards } The State of Alabama } J. Evan G. Richards Judge of the County Chambers County } Court in and for the County of Chambers do hereby certify, that of the tenth day of March in the year of our Lord one thousand eight hundred and forty three, the within named Elisha Betts, personally appeared before me and acknowledged that he signed, sealed and delivered the foregoing & within conveyance on the day and date therein mentioned to George W Gunn, and for the purposes therein mentioned , and that the same is his free act and deed . Given under my hand and seal this the day and date above written. Evan G. Richards (Seal) Rec'd in Office the 20th March 1843 and recorded April 18th 1843. J. Ledbetter C.C.C.B.C. The State of Alabama Barbour County } I William R. Cowen, Clerk Barbour County } of the County Court of Said County do certify that the foregoing four pages , contain a true transcript of a deed which is of reord in my Office. Given under my hand and seal of Office this 23'd day of January A.D. 1846. W.R. Cowen Clerk

(Exhibit A) Exibit A. State of Georgia Burke County. Whereas my daughter Maria, and now Maria, now Maria Nelson, the wife of

Ambrose Nelson, who has seperatedfrom her, and wheras it is my intention and desire that any property of mine which may come to her by my death intestate, or which I may in future leave to her by will, shall not be subject to the debts or contracts of her present or any future husband, but that the same shall be held and enjoyed to her sole and seperate use for and during her natural life, and at her death to go to suchchild or children as she may have and leave living at her death. Now therefore this indenture made this 29th day of October in the year of our Lord one thousand and eight hundred and twenty seven, between I Moses Walker of the county and state aforesaid of the one part and Isaiah Walker and Alexander Walker both of the same County and State aforesaid of the other part witnesseth that for and in consideration of the natural love and affection which i have and do bear towards and for my said daughter MAria as also the sum of five Dollars paid to me by said Isaiah nad ALexander Waljker. I do by these presents bargain sell and convey unto the said Isaiah Walker and ALexander Walker all the property or ready money as well as all the real Estate which may or shall some to or be vested in her by my death either as a distribution if I should die without will or as my legatee if I should desire anything for her benefit. To have and to hold said property real and personal which shall or may in future come to be rested in my said daughter from me or my estate to them the said Isaiah and Alexander Walker their Executors, Aministrators and assigns. But upon this special trusts and confidence. That is to say TO have and to holdsaid property real and personal which my said daughter would be entitled , and to hold the same forever for the purposes herinafter mentioned, to suffer and permit the said MAria whetehr covert or not, to have use and enjoy the rents issues and profits of the said property for and during the term of her natural life and to & for her sole and sepaerate use

free from the control, debt or contracts of her present or any future husband and that the private receipt of the said Maria whether sole or covert shall be a full discharge to the said trustees in as full a manner as if said reeipt had been signed by her and her husband.

And upon this further trust and confidence that the said Maria whether covert or sole is to have the right of leaving the said property by her last will and testament to such person or persons as she may think fit and proper: and upon this further trust and confidence, that if the said Maria depart this life without deviseing away by her last will the said property or any part of thereof then and in that case the said property both real and personal is to go to and be vested in such child or children as the said Maria shall leave living at the death of the said Maria whether by her present or future husband. To have to hold the said property and increase to the said Isaiah and Alexander Walker Trustees as aforesaid for the purposes before named, to them their heirs and assigns against me my heirs Executors and Administrators and all and every other person whatsoever. In witness whereof I have hereunto set my hand and seal the day and year above written.

Moses X Walker

Signed sealed and delivered in the presence of us. S. Harlow Edward Hughs. Abel Lewis J.P.

Georgia - Clerks Office of the Suprior Court Burke County, Recorded in Letter Book N 5 pages 124 &125 Nov. 29th 1827 Jesse Cox Clk S.C. B.C. (Fiat) Mariah Betts vs Geo W. Gunn et al

In Chancery The Register in Chancer &c Issue injunction as prayed for upon Complainants next friend entering into bounds with good security payable to each of the plaintiffs in said judgements at Law in the penalty of double their respective amounts, conditioned to pay and satisfy to said defendants respectively all such damages and costs as they may sustain by the wrongful exhibition of this Bill

and obtaining this injunction - 26th March 1846. Geo. W. Stenc Circuit Judge

And that an injunction issued in said cause as follows

(Injunction) The State of Alabama To Elisha Betts, George W Gunn, Samuel N. Brown, Samuel Harrison, Thomas A. Brannon, Francis S. Jackson & Augustus Reese Admr. of Alexander Walker, deceased. Whereas Maria Betts by her next friend John Wellborn, has filed her Bill of complaint in the Office of the Register of teh Court of Chancery for the 9th District & Southern Division of said State, praying an injuction to restrain you and each of you from collecting or attempting to collectthree certain executions (alleged in said billto have been issued fromthe Circuit Court of the County of Barbour in said State) the 1st in favor of Samuel N Brown for the use of Samuel Harrison and against Elisha Betts for the sum of $781.20 - the 2nd in favor of G.L. & E.Penn &Co for the use of Thomas A Brannon for the sum of $134.96 The 3rd in favor of Francis S. Jackson for the sum of $130.80 & all said executions against said Elisha Betts ) out of the following property, to wit, these Slaves. Jacob a man, Ann a woman, Dinah a woman Beck a woman &her daughter Jane, Louisa a woman and Ishmael a man: and also one bay horse, two sorrel mules, thirteen square bales of cotton, & one four wheeled pleasure carriage, or out of any property left by said Elisha Betts with said Complainant Mariah for her support or out of any property said Complainant may own or possess now or hereafter, And whereas said Complainant's prayer in her said Bill has been granted by the Hon. Geo. W. Stone a judge of the Circuit Court of said State upon a condition which has been complied with - Now therefore you said Elisha Betts, George W. Gunn Samuel N. Brown , Samuel Harrison, Thomas A Brannon Francis S. Jackson & Augustus Reese, Admr of Alexander Walker deceased, as well yourselves as also your agents, attorneys and all others for you are hereby injoined and restrained from collecting or attempting to collect said executions or either of them out of any of the property above specified ordescribed until further orders from