Schley-Columbia-Marion County GaArchives Court.....Binion & Baily Vs, Morris, Diah & Sarah 185? ************************************************ 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: Harris Hill http://www.genrecords.net/emailregistry/vols/00011.html#0002514 November 30, 2006, 10:21 am Source: Original Papers Written: 185? This document is in very bad condition and was found in the crawl space under the Schley county courthouse where many old documents were stored. There are words missing as a result of tears in the paper and some that were so discolored with mold that they couldn’t be deciphered, but I think there is enough here to of use to researchers of these families and most important it tells a good bit about their migrations. Binion & Baily Vs Miller atty for Diah & Sarah Morris Copy & notice waived Let commission issue instanter(?) in blank as to names of commissioners. May 4th 185? E.H. Worrill & (torn) Complts (torn) GEORGIA MARION COUNTY By his honor (torn) –der one of the judges of the Superior Court for the county and state aforesaid— To Booker G. Sutton and John A. Stapler Esqrs. (unreadable) (Transcriber’s note: Booker Sutton & John A. Stapler are both found on the 1850 Columbia Co. census.) Whereas there is a certain matter of court(?) (torn) yet pending in our Superior court between William Binion & Thomas M. Bailey & his wife Laura Ann Bailey vs. Emson Miller, Administrator de bonis non (torn) William Binion deceased and whereas Diah Morris & Sarah Morris are natural witnesses (to?) suit and cannot attend our said court in (Marion?) without manifest inconvenience, now (torn) , that we reposing special trust and confidence in your prudence and fidelity, (torn) appointed you and you or any two or more (?) of you are hereby authorized (torn) and cause the said Diah Morris & Sarah Morris personally to come before you and after being duly sworn to (torn) them concerning the said suit agreeably (torn). Interrogatories hereunto answered, and the answers to the same being plainly and distinctly written, you are to send the same closed (torn) under your hand and seal, to our Superior Court to be held on the first Monday in September next, together with (torn). Witness the honorable Robert B. (torn) judge of said court this 8th May (torn) George W. McDuffie (torn) Page 2 William Binion & Thomas Bailey and his wife Laura Ann Bailey vs. Emson Miller, Admr. De bonis non of William Binion, deceased. Interrogatories to (torn) Diah and Sarah Morris witnesses (?) for defendant and who reside of the county of Marion. (Transcriber’s note: Obadiah Morris & Sarah Morris are found in Columbia Co. on the 1850 census. I believe the reference to their residence being in Marion County to be in error.) Interrogatory 1st to the witnesses: Do you know the parties in the case? Intrgty 2nd to both witnesses: Were you acquainted with the conditions of the estate of William Binion, deceased, while said estate was managed by, and in the (torn) of Peggy Binion, now the wife of defendant (torn) ? (Transcriber’s note: Margaret Binion married Emson Miller in Columbia Co. on 12 Feb 1835.) (Unreadable) state how many negroes belonged (torn) estate at the death of the said William Binion, deceased? What were their sexes, names and ages at that time? Please state how many and which of said negroes were able to work at the death of said William Binion, deceased and the value of the annual hire of each from the year 182(torn) to the year 1835? Were any of the said negroes sick (?) and unable to work? If so, state which, and how much was it worth to find each of them food and clothing per annum (torn) 1824 to the year 1835 and who furnished (torn) (unreadable) negroes in food and clothing and during said period of time (from 18 [torn] Intrgty 3rd to both witnesses: Were you acquainted with (torn) negro man belonging to said estate by the name of Jerry? If yes, how old was he in the year 182- (torn)? Please state if said negro man ever was (sick?) and if so, what was the matter with him? If his limbs were effected, state which of them and in what manner? Page 3 Did Peggy Binion now (torn) of defendant sell said negro man Jerry? (Please?) state if he was not diseased at that time. (torn) and what was he worth in his (torn, several words missing) at the time of his sale? Do you have (any?) theory about Mrs. Binion now the wife of the defendant having lost any of the money and (torn) the sale of said negro man Jerry, by the (torn) of any bank, or do you know of her having lost any money from the failure of any bank, if so, please state how much was lost and what bank it was on, and did said bank fail so as to make its bills or (torn) a total failure? Intrgy 4th to both witnesses: How many children (torn) William Binion at his death, and what were their names and ages, and if any of them died state which and what time. Did Mrs. Binion now the wife of defendant raise and support said children, if so, how long had she each in her care and maintainance and what was the yearly value of the care, support, maintainance, support and education of each of said children during the time she had them? (Torn) worth per annum to take care of, maintain and educate each of said children from the year 1824 to year 1835? Intrgy 5th Relate all you know (both witnesses) in favor of the defendant. Johnson & Williams & Sturgis & Miller Defts. Attys. Page 4 We except (accept?) the suit for its undertaking(?). E.H. Worrill & (unreadable name) CROSS X X X X X X X X Intrgy 1st In answering the direct interrogatory, in particular to state (torn, several words) all the information you have on the (torn) hereunto interrogated (unreadable) & give the (torn) & causes why you got said information in (torn) this interrogation. Intrgy 2nd State all that you know that will bring (?) the complainants as if thereunto interrogated (and?) the persons who assist & are present at the Ex-erit(torn) of their interrogations. E.H. Worrill & Wm D. Sturgis(?) Complts. (Transcriber’s Note: The following appears to be the answers to the interrogatories above, by Sarah and Obediah Morris. These pages are in worse condition than the first document, but hopefully they reveal enough to know something of what is happening.) Page 5 Bill for account in Marion Superior Court Thomas M. Bailey & his wife Laura Ann Bailey (Transcriber’s note: an obituary in the Southern Christian Advocate reveals that Laura Ann Bailey was born Laura Ann Binion. See notes.) Vs (torn) Miller, Adm. Debonis non William Binion, dec’d GEORGIA COLUMBIA COUNTY By virtue of a commission from (unreadable) the Superior Court of Marion County, Georgia to us directed, we have cause (torn) Obadiah Morris and Sarah Morris, the persons in said commission named to come before us and being duly sworn true answers to make to certain interrogatories to said commission annexed deposeth and answer as follows: First interrogatory: They answer, they do. To the second interrogatory they answer they were acquainted with the estate of William Binion, dec’d wherein (torn) of Peggy Binion, now the wife of the defendant (torn). Mr. Morris answers he does not know but Sarah Morris answers there were four negroes belonging to said estate to wit Jerry, a man about forty, Charlotte a woman (torn)enty five, Phillis a woman about fifteen(?) (torn) nine or ten years old (David son (torn, several words missing) of said dec’d. Mr. Ob. Morris knows (torn, several words missing) said negroes were able to work, and (torn, several words missing) that their annual value would be (torn) Page 6 Sarah Morris says all (torn) negroes (torn) that belonged to said estate and they (torn) was worth about fifty dollars a year, Charlie (torn) being sold. She further says that there was born during said period of time to wit between the death of William Binion and the intermarriage of Peggy Binion and the defendant, six negroes that were (not?) able to work, to wit Green, Harriet, J(torn), Harry and Andy(?) about twenty dollars per annum would be enough for taking care and providing food and clothing for them, that is to say for each of them. Peggy Binion now the wife of the defendant furnished said small negroes with food during said period of time to wit (between 1824 [torn]. To the third interrogatory they answer They answer (torn) acquainted with said negro man Jerry and that Jerry was about forty years old and both witnesses say that he was diseased in one of his arms, not recollected which. Sarah Morris, one of the witnesses states that Jerry had pains in arm. Both witnesses answer that Jerry was sold. Both witnesses answer that they did not know whether Jerry was diseased at the time of the sale or not. Both witnesses answer that said boy Jerry in his (torn) estate was worth two hundred dollars. Of a (torn) answers that he was informed of a belief (torn) Peggy Binion, the wife of the defendant (torn) arising from the sale of Jerry by the failure of (torn, several words missing. This portion has many tears and is sporadic.) the impression that (torn) and Planters Bank of Augusta (torn) Wheeler Bank. H. Morris does not know the (torn) does not recollect whether it was a total (torn) or not. (Torn) the fourth interrogatory. Sarah Morris, one of the witnesses answers that William Binion left three children at the time of his death. John P. (torn) and Laura Ann were their names (torn) recollect their ages. Both witnesses say John P. died Christmas 1833. Sarah Morris says that Peggy Binion the wife of the defendant, did raise and support said children, she further says that Peggy Binion had the care, maintainance, support and education of said children from the death of William Binion to her intermarriage with the defendant. Both witnesses answer that ninety six dollars each per annum should be sufficient for taking care, maintaining, supporting and educating (torn) during said period to wit from 1824 to 1835 (torn). The fifth interrogatory Both answer that they know nothing farther that will benefit the defendant. Sworn subscribed and (torn) this the 24th May 1850. Obadiah P. Morris Sarah A. Morris Booker G. Sutton Jno. A. Stapler (torn) Page 7 CROSS First cross interrogatory: (unreadable) a year (torn) children, and negroes we knew from our own knowledge. In relation to the money (torn, several words missing) by the failure of the Banks. Mr. Morris states he heard it from common rumor and does not recollect who told him. Second cross interrogatory: They know nothing farther that will benefit the (torn) and that Emson Miller, E.W. Miller, Joseph (torn) and Sarah Ross were present a part of the time and the commissioners all the time during the taking of these interrogatories. Obadiah P. Morris Sarah A. Morris Answered, subscribed and sworn to before us this 24th M(unreadable) Booker G. Sutton Jno. A. Stapler Additional Comments: NOTES: Name: Wm Binion Spouse: Peggy Harden Marriage Date: 15 Aug 1813 County: Columbia State: Georgia A Wm. Binion is shown on the 1850 Marion slave schedules as the owner of nine slaves, 4 females and 5 males, ranging in age from 24 years to less than one year. I believe this to be a son of the deceased. 1850 Marion Co. census, 4th Sept. 1850 197/--- Wm Binion 30 M farmer 4000 GA(all) Elizabeth 22 F Franklin 4 M Laura Ann 2 F Margaret 9/12 F 1850 Columbia Co. census 207/207 Obed P. Morris 32 M planter 500 Sarah 27 F Edward 5 M Maxwell 3 M 1870 Columbia Co. census,126 dist., 24 Aug 1870, page 183 1510/1599 Morris, Obidiah 55 M W farmer --- 500 GA(all) Sarah 50 F W keeping house Maywell20 F W no occ. Charles 17 M W farm laborer Joseph 15 M W farm laborer Lucinda 14 F W attending school Obediah 11 M W attending school Ida 8 F W attending school DEATH AND OBITUARY NOTICES FROM THE SOUTHERN CHRISTIAN ADVOCATE 1867-1878 Issue of August 18, 1875 Mrs. Laura Ann Bailey, daughter of Capt. Binion, was born in Columbia county, Ga., in 1822; died near Talbotton, Ga., July 19th 1875. W. Knox File at: http://files.usgwarchives.net/ga/schley/court/binionba516gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 12.7 Kb