Brooks-Burke-Screven County GaArchives Court.....et al Lane February 5 1825 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Marlene Garberson chsnrcn2@bellsouth.net June 9, 2003, 4:06 pm Written: February 5 1825 Recorded: August 1 1825 In the Superior Court of Scriven County, Georgia --- To the Honorable Robert Walker Judge of the Superior Court for the middle district, in the state aforesaid, holding jurisdiction in Equity. Your orator William W. Lane of the county of Burke, and state aforesaid a minor under the age of twenty one years who suesby James Torrance his guardian, Humbly complaining sheweth unto your Honor that he inherited from his grandfather, Etheldred Lane deceased & his father and mother both deceased late of Burke County a considerable estate (Both) real and personal - that the said Etheldred Lane departed this life_______on or about the________day of________one thousand eight hundred and_________having several children in life, and your orator, his heirs, and distributes your orator being the Son of Wiley Lane, son of the said Etheldred Lane, which said Wiley Lane had departed this life previously to the death of the said Etheldred Lane and your orator at the death of the said Etheldred Lane was the only child in life of the said Wiley Lane, and therefor heir to that portion of the estate of Etheldred Lane which his father Wiley Lane would have taken had he been in life. Your Orator further sheweth unto your Honor that the administrators of Etheldred Lane your orators grandfather as aforesaid, were (Dowy Touchand??) and John Lane, that after the death of Wiley Lane, your orators father, one Insel Spence, at present of the county of Scriven and state of Georgia aforesaid was appointed by the proper & Legal authority, guardian to the person and estate of your orator, that the said Insel Spence whilst acting as guardian for your orator received from the administrators of Etheldred Lane, grandfather of your orator as aforesaid a large sum of money, in the aggregate, tho' received by him at different times the amount of Three thousand dollars or other large sum. Your orator further sheweth to your Honor the said Insel Spence your orators guardian as aforesaid, whilst acting as guardian aforesaid took into his hands and possession the property belonging to the said Wiley Lane, your orator's father after his death consisting of a considerable estate real & personal to the value of two thousand dollars or other large sum and of the yearly value of five hundred dollars or other large sum of money, and your orator further sheweth unto your Honor that among other things the said Insel Spence whilst acting as guardian to your orator took into his possession a negro man slave named Charlo or Carlo of the value of five hundred dollars, which said slave had in the life time of your orator's father, Wiley Lane been given by the said Insel Spence to his daughter Sarah, who was the wife of Wiley Lane and mother of your orator, who is now dead and to whom your orator is sole and only heir. And your orator further sheweth to your Honor that after he arrived at the proper age to choose a guardian for himself, he went into the Court of Ordinary of Burke County and did choose James Torrance for his guardian who was duely appointed and qualifiede to act as the guardian of the person & (property) estate of your orator, and your orator sheweth to your Honor that since the appointment of his said last mentioned guardian he has frequently tho' him made applications to Insel Spence his former guardian in the most friendly manner to come to a fair account and settlement with your orator and (pray?) to your orator all sums of money received by him as guardian of your orator, from the estate of Etheldred Lane the grandfather of your orator as aforesaid, with the legal interest accruing thereon to which your orator is entitled to receive, and also to account and settle with your orator for all sums of money and other property received or taken into his possession as guardian of your orator derived from the estate of your orator's father Wiley Lane as aforesaid and from the estate of Sarah Lane, your orator's mother as aforesaid, and that he would account for the annual profits and increase of the estate real and personal, and that he would deliver over the said negro man slave named Charlo or Carlo as aforesaid and your orator well hoped that the said Insel Spence would have readily complied with his reasonable request, & demands as injustice and equitty he ought to have done. But now so it is may it please your Honor that the said Insel Spence combining & confederating himself, with delivered person unknown to your orator, who when discovered your orator (prays?) maybe made parties here with apt and proper words to charge them and every of them in order to injure, oppose and defraud your orator, absolutely refused to come to any settlement or account with your orator for anything done by him as guardian to your orator whilst acting as guardian for your orator as aforesaid for reason whereof the said Insel Spence, and his confederates set up, and pretends that he never received any money or property belonging to your orator at other times he pretends that the amount received by him was very small and inconsiderable, and has been expended in the care and maintenance of your orator and he more over pretends that the negro slave' Charlo or Carlo, herein before mentioned never was given by him to your orator's mother as herein before set forth, but that he was only lent to her. Whereas your orator charges the truth to be that be the said Insel Spence did receive in money from the administrators of Etheldred Lane your orator's grandfather at different periods the sum of fourteen hundred and forty two dollars and sixty two cents and your orator further charges the truth to be that the said Insel Spence received as guardian for your orator from the estate of Wiley Lane, your orator's father and of the estate of Sarah Lane, your orator's mother in property consisting of negroes, stock of various kinds, household and kitchen furniture and other valuable property and open accounts against responsible persons to the amount of fifteen hundred and sixty one dollars & eighteen and three quarter cents (exclusive?) of the said negro Charlo or Carlo which your petitiner further expressly charges to have been given by the said Insel Spence to the mother of your orator as herein before stated & as such is the property of your orator sole heir of the said Sarah his deceased mother and is sole heir of Wiley Lane, his deceased father and the said Insel Spence instead of coming to an account and settlement for all those matters and things here on mentioned and contained has converted the same to his own use without making satisfaction to your orator therefore. All which actings and doings are (contrary?) to equity and good conscience and (tunds?) to the manifest injury and oppression of your orator. In tender consideration whereof and for as much as your orator is (remedify?) in the promise is according to the strict rules of the Common Law and reliable in a court of equity where matters of this sort, are properly (cognisable?.) To the end therefore, that the said Insel Spence may full, true and (prefict?) answers make to all and singular the allegations matters & things, herein contained upon his corporal oath set forth and (deliver?) according to the best of his knowledge and belief, whether he the said Insel Spence was not at one time the guardian of your orator? Whether he as guardian did not receive in actual cash at different times from the administrators of Etheldred Lane, the grandfather of your orator the aggregate amount of fourteen hundred and forty two dollars and sixty two cents as herin before stated? Whether he did not receive from the estates of Wiley Lane the father, and Sarah Lane the mother of your orator in negroes, stock of various kinds, household and kitchen furniture, open accounts against responsible persons and other valubable property amounting in the whole to the sum of fifteen hundred and sixty one dollars and eighteen and three quarter cents as herein before stated? Whether he did not give the said negro slave Charlo or Carlo, to his daughter Sarah who was the wife of Wiley Lane the mother of your orator as herein before set forth. Whether your orator was not the only child of his father, Wiley Lane at the time of his death, and the only child of Sarah Lane, his mother at the time of her death? Whether the said Etheldred Lane was not the grandfather of your orator and whether he did not depart this life sometime after the death of Wiley Lane, your orator's father as herein before stated? Whether your orator did not choose James Torrance for his guardian on his (own?) at sufficient age to do so and whether he has not been applied to and requested to come to an account and settlement with your orator tho' his guardian as herein set forth? And that the said Insel Spence may be made to account and come to a full settlement of, and concerning the matters herein stated, and pay into the hands of your orator's guardian all such sum or sums of money, with interest thereon, as may be fairly due. And that your orator may have such further, and other reliefs in the premises, as the nature of his case may require. May it please your Honor the premises considered, to grant unto your orator the states most gracious writ of subpoena, to be directed to the said Insel Spence and his confederates thereby commanding them and every of them at a certain day and under a certain (pain?) to be therein inserted, personally to be and appear at the Superior Court next to be holden in and for the county of Scriven then & there to answer all and singular the premises aforesaid and to Stand to abide, and perform such direction and (decree?) therein as to your Honor shall (sums?) meet, and as to justice and equity may appertain. And as the said Insel Spence is about to depart from the state of Georgia to some distant place, beyond the jurisdiction thereof. Your orator prays your Honor to grant him, the most beneficial & gracious writ of (no exeat republcn??) to be directed to the sheriff of the county of Scriven to restrain the said Insel Spence from going out of this state without leave and permission obtained from your Honor under certain penalties and pains to be specified by your Honor, and as in duty bounds your orator will ever pray to. Tho' Flournoy James Torrance being duly sworn saith that the facts stated in the foregoing Bill of Complaint, so far as they come within his own knowledge are true and so far as they depend upon the knowledge, or information of others, he believes to be true. Sworn to before me the 5th day of February 1825. Robt. Walker James Torrance Georgia, In the Superior Court of Scriven County. James Torrance the guardian, of William W. Lane his (ward?) complainant in the Bill of Complaint, being duly Sworn saith that Insel Spence, the defendant in the annexed Bill of Complaint is indebted to William W. Lane his ward, for property and cash received by him whilst he was the guardian of the said William W. Lane in the sum of twelve hundred dollars & upwards and that being so in debted he the said Insel Spence, has lately threatened & given out that be the said Insel Spence will speedily depart from the state of Georgia aforesaid and go to the territory of Florida beyond the jurisdiction of this state. And this defendant further states that he veribly believes that the said Insel Spence intends to leave the state of Georgia and go into the Territory of Florida very soon, and that if he should depart from the state the ward of this defendant will either lose the said amount or will be in great danger of losing the same. Sworn to before me the 5th day of February 1825. Robt. Walker James Torrance and sanctioned and subpoena ordered to issue according to the Complainant prayer and be signed by the Clerk. And being of opinion that a (no exeat??) should be granted. I do accordingly allow the same & do consequently order that Insel Spence the defendant be held to bail in the sum of twenty four hundred dollars and that the writ (no exeat republica??) issue according to the prayer of the complainant. February 5th 1825. Robt. Walker, Judge Georgia, In the Superior Court of Scriven County. To the Sheriff of the county of Scriven, Greeting. Whereas it is represented to me in chancery on the part of William W. Lane by his guardian James Torrance in his Bill filed against the defendant Insel Spence in the annexed Bill of Complaint supported by the affiant of the said James Torrance guardian as aforesaid among other things that he the said defendant is greatly indebted to the said complainant and that he shortly designs to go in (parts?) without the state of Georgia as by the said bill and oath annexed appears which tends to the great prejudice and injury of the said complainant therefore in order to prevent this injustice. You the said sheriff of the county of Scriven and state aforesaid are therefore commanded without delay to arrest the body of the said Insel Spence and cause him to give sufficient bail or security in a bond for that purpose, and conditioned that he the said Insel Spence will not go or attempt to go into parts beyond the jurisdiction limits of the State of Georgia without leave first had and obtained from the Superior Court of the county and state aforesaid. And in case the said Insel Spence should refuse to give such bond and security then and in that case you are to commit him the said Insel Spence to the prison of the county of Scriven or to the next adjacent jail and state aforesaid until he shall do it of his own accord and when you shall have taken such bond and security you are forth with to make and return a certificate thereof to the said Court of Scriven County and state aforesaid distinctly and plainly under your hand together with this writ. Given under my hand this 5th day of February 1825. Robt. Walker Judge Georgia, In the Superior Court of Scriven County, To the Sheriff of Scriven County. Greeting and to Insel Spence of the said county and state, the defendant in the foregoing Bill of Complaint. You the said Insel Spence are herby commanded and required personally to appear before the Honorable the Superior Court of Scriven County and state aforesaid on the fourth Monday of April next, then and there to answer to a Bill of Complaint exhibited against you by William W. Lane who sues by guardian and to do further and receive whatsoever the said court shall in this behalf consider and this you are not to omit under the penalty of three thousand dollars. (Witnefsthe??) Honorable Robert Walker (her?) judge of said court the 8th day of February 1825. Seaborn Goodall, Clk. Amount sworn to $1200. Sheriff take bond in double the amount $2400. February the (15th?) day 1825. Then a copy of the original (?) on the defendant by me issue Robert Walker, settled and cost paid April (?) 1825. Recorded this 1st day of August 1825. S. Goodall, Clk. Additional Comments: William W. Lane, Wiley and Sarah Lane, Etheldred Lane, Insel Spence This file has been created by a form at http://www.poppet.org/gafiles/ File size: 15.8 Kb