Jackson County AlArchives Court.....Heirs of John Hammons vs Thomas Hopkins & George Layne 1828 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Wanda Gant gant@blomand.net May 7, 2008, 11:25 pm Source: Tennessee Archives Box 4 Middle Tennessee Court Cases Written: 1828 Recorded: 1828 Division of the State of Tennessee, sitting at McMinnville: The bill of complaint of Charles, Woodson, Nancy, Elizabeth, Leroy HAMMONS, who is an infant and sues by Charles Hammons, his brother, all of Jackson County, Alabama, Leroy Hammons Sr. of Warren County, Tennessee and Andrew Miller and his wife Polly of the Western District. Humbly praying begs leave to show to your honor that they are heirs and legal representatives of John Hammons, deceased, who died intestate in the County of Jackson, Alabama 1828 which adjoins Marion County, Tennessee on the northeast. THIS WOULD EXPLAIN THE STATEMENT OF DESCENDANT GARNET LEADER OF BIRMINGHAM, AL THAT HARDY ALBERT CAMPBELL JP OF GRUNDY COUNTY, TENNESSEE HAD LAW BOOKS. Depositions of James Campbell: State of Tennessee personally appeared before me, Josiah F. Morford Clerk and Master of the District Court of Chancery holden at McMinnville in the State aforesaid on the 4th day of April AD 1831, J. F. Morford Clerk, State of Tennessee, personally appeared before me Josiah F. Morford, Clerk and Master of the District Court of Chancery holden at McMinnville in the state aforesaid James Campbell a witness in a certain matter of controversy now depending in the said court, wherein John Hammons heirs and others are complainants and Hopkins and Layne are defendants, who being first duly sworn on the Holy Evangelists, deposes as follows in presence of counsel on both sides who interragates. In the year 1822, and from thence to 1827, I attended as counsel to a suit then pending in the Circuit Court at Bellefont, Alabama * where in Thomas Hopkins was plaintiff, and George W. Thompson was defendant. The suit was in relation to two Negroes, Molly and Agy, the first being black and the second a mullato, and which slaves I believe formally had been the property of John Hammons, the reputed ancestor of complainants, where I was attending to said suit, and at one of the terms of said Court at Bellefont at which the cause had been argued and probably in the year 1825-1826 John Hammons came to that Court and expressed a wish that I would examine certain papers he had in his possession in relation to his dealings with Hopkins and also to give me full information in relation to the whole transaction, between him and Hopkins. I heard Hammons narrative, and examined his papers. I recollect two obligations or bonds of defeasance which had been executed by Hopkins to Hammons one of them showing as I believe that a conveyance Hopkins held from Hammons for a tract of land in Warren County was a mortgage, another showing as I also believe that a bill of sale Hopkins held for the above negroes was for a mortgage. I recollect no other facts in Hammons disclosure to me that now occur to me as material to relate. In the course of conversation Hammons expressed a wish that some person would undertake for him against Hopkins, and give him Hammons a part of what was received. My impression is I told him I could not undertake to do anything for him in the way he wished, as I WAS A PRACTICING LAWYER IN Tennessee and the law forbids me engaging in any business for conditional fees. I don't recollect that he made any direct offer to employ me in the suit against Hopkins. But he showed me his papers, and maid a statement, and said he wished he could get some person to undertake to conduct a suit against Hopkins and he gave as a reason that he was unable to do so himself without assistance. I did not agree to undertake for Hammons and I maid no charge for anything I told or said to him. The negroes had been sold as I believe by virtue of an execution John McGowan against John Hammons. Thompson held them for McGowan under the execution sale. Hopkins claimed the negroes by a bill of sale from Hammons. The suit, I believe, is not yet decided but is now pending at Huntsville and those holding under the execution sale, one yet in possession of them. The defeasance in relation to the land, I believe to be the same now on file in this suit and that in relation to the negroes, was attested by or purported to be attested by L. W. Harbury and I have understood is now on file in the suit at Huntsville. It was obtained since the death of John Hammons and Filed in that cause as I believe. And further, this depondent saith not, sworn to and subscribed before me at office where it was taken 4th April 1832. James Campbell. State of Tennessee, personally appeared before me at my office in the town of McMinnville in the state aforesaid on the 9th day of August 1829. The witnesses who have respectively signed their name to this deposition, all witnesses in a certain matter of controversary now depending in the district court of chancery holden at McMinnville in the State aforesaid wherein the heirs of John Hammons deceased and others are complainants and Thomas Hopkins and George Layne are defendants who having first duly sworn on the Holy Evangelists depose as follows. Additional Comments: I need to find information about this James Campbell mentioned. * Bellefonte is a ghost town in Jackson County, Alabama, United States. Bellefonte was settled in the early nineteenth century, became the county seat, suffered severe damage during the Civil War and was abandoned by the 1920s. All that remains of Bellefonte today are the cemetery, the chimney of the local inn and piles of scattered bricks. File at: http://files.usgwarchives.net/al/jackson/court/campbell221gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 5.9 Kb