Jefferson County AlArchives Court.....Woodall, Murray, Buchanan, Snelgrove, . March 29, 1882 ************************************************ 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: Harris Hill http://www.genrecords.net/emailregistry/vols/00011.html#0002514 December 16, 2006, 7:38 am Source: Org. Document, Schley Co. Courthouse Written: March 29, 1882 A.J. Buchanan & Bro. Vs. J.R. Snelgrove & Jas. Woodall, Const. Mortgage fifa & Rule vs. Const. To all & singular, the Sheriff, Deputy Sheriff, Coroner of said county--- Greetings The petition of A.J. Buchanan & Bro. respectfully showeth that heretofore to wit on the 21st Oct 1880, James Woodall, Const. of the 946th District GMD, said county levied a mortgage fifa in favor of petitioner against said J.R. Snelgrove upon the following property to wit, two thousand pounds of seed cotton more or less and one mare mule named Schuruft and ten bushels of potatoes, more or less. That said fi fa was for the principal sum of Eighty- two dollars besides interest & costs. That said Const. has had ample time to make said money but refuses so to do. Wherefore petitioner prays a rule nisi may issue against said Const. requiring him to show cause instanter or as soon as council can be heard why he should not pay over said money or be attached for contempt. W.H. McCrory J.L. McCrory (torn) After hearing the foregoing petition, it is ordered that the Const. James Woodall do show cause before me instanter or as soon as council can be heard, why he should not pay to the Pltff atty the sum of money claimed on said mortgage fifa or be attached for contempt. This March 29th 1882 (Signature unreadable) A.J. Buchanan & Bro. Vs. Jas. Woodall, Const. Rule on Mortgage fifa & Rule Nisi March Term 1882 And now comes the defendant (unreadable) said petition & Rule Nisi by his attorney J.N. Scarborough & in response to said petition of Rule Nisi in the above stated case & says that he admits the levy as stated but says that the plaintiff in said mortgage, by comparison secured (?) the cotton that was levied on as part payment of said mortgage fifa after said levy & respondent says that the balance of said levy was des(unreadable) by order of the agent of plaintiff in fifa, Stephen Murray & respondent says afterward he went out of office & turned said fifa aforesaid over to Daniel Kilcrease, the acting constable in said district of 946, of said county, & respondent further says that the plaintiff in said fifa took said fifa in (unreadable) possession & told said Constable Kilcrease that he had & would release this respondent from all liabilities on said fifa as constable. Respondent asks to be discharged without cause & further reason as (unreadable) set forth above & c. J.N. Scarborough Atty. Respondent GEORGIA SCHLEY COUNTY In person appeared before me the undersigned, Jas. Woodall who on oath says that the response to the petition & rule nisi as appears on the other side is true & correct to the best of his knowledge & belief. Sworn to & subscribed in the presence of J.N. Cheney, clerk James Woodall And now comes the plaintiff & files this, his notice(?) to the answer of James Woodall & says that this (unreadable) is not true in any material particularly and of this he (unreadable, 3 words) this county. McCrory & (unreadable) Plaintiff’s attorneys Additional Comments: Notes: Fieri Facias (Fi.Fa) A Fi.Fa. (short for fieri facias – a Latin term for “cause it to be done” and also used interchangeably with TAX EXECUTION or EXECUTION) is a tax lien or writ, authorizing the Sheriff or Ex-Officio Sheriff to obtain satisfaction of unpaid taxes by levying on and selling the delinquent taxpayer’s property. These documents are recorded on the General Execution Docket (“GED”) of the Clerk of Superior Court. (Fi Fa’s were not exclusively for tax liens as in this case of a mortgage.) Filing instanter refers to the procedure for filing a legal pleading out of rule or beyond a deadline. Literally, instanter means "now." Generally in U.S. trial and appellate courts (both federal and state) filings instanter are accepted as a matter of course. Respondent The respondent is the person whom a petition has been filed against; the person who should respond to or answer the complaint or petition. The Respondent is also referred to as the Defendant. Rule Nisi A Rule Nisi is an order that informs both parties to an action that a hearing will be held to determine or make a ruling on an issue. According to the 1880 census, A.J. Buchanan was a grocer in Americus. 1880 Schley census, 946th Dist. GM, 27th June, 1880, page 59 561/550 Snelgroves, John R. W M 35 farmer GA(all) Ellen W F 30 wife keeping house Maggie W F 9 Cora W F 8 dau Sarah W F 6 dau Colby W M 4 son (Note: since the very next door neighbor in this census was Lewis/Louis Hill, and it is known that he lived at Hill's Mill in Concord at this time, one could reasonably conclude that the Snelgrove residence was in some proximity to the mill which stands today. The 1900 census finds wife Ellen and the kids in Birmingham, Jefferson Co., Alabama.) James Woodall was the eldest child of Jacob T. and Elizabeth Melvina Lightner Woodall. He was apparently for a time the constable of GMD 946 as indicated by this document. He was appointed the first postmaster of the community of Schley, now known as Concord in early 1888. His sister succeeded him in that position on April 21, 1893. I have never found anything of James Woodall after this date. A Woodall family biography found in the “History of Marion County by Cobb and contributed by Rev. Wallace Willis states he died in 1892, source of that date was not supplied. (Postal information, courtesy of the research of Michael Dixon.) File at: http://files.usgwarchives.net/al/jefferson/court/woodallm181gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 6.3 Kb