Saturday, October 18, 2008

Estate of Thomas Bigelow vs. Stephen W. Pleasant and George Hood (1874)

County of Caswell

Brice Harralson Exec ofThomas Bigalow Dec'd
Stephen W. Pleasant & George Hood

To the Superior Court of Caswell County:

An appeal having been taken in this action by the defendant, I Jos. C. Pinnix, the Justice before whom the same was tried, in pursuance of the notice of appeal given at time of rendition of Judgment, and which was accepted by the plaintiff do hereby certify and _______ that the following proceedings were had by and before me in said action:

On 22nd day of May 1874 at the request of the plaintiff, I issued a summons in his favor and against the defendants, which is herewith _____. Said summons was at the return day thereof returned before me at my office; and at the same time and place the parties personally appeared.

The plaintiff complained: That the defendant George Hood by contract in writing promised to pay to S W Pleasant the sum of one hundred dollars at 8 percent interest, and gave a mortgage lien upon one gray horse as security -- that the said S W Pleasant for value received assigned said contract to Thomas Bigalow deceased. A copy of said complaint is herewith filed. May 27th 1874 being return day of the summons the parties were all present, but plaintiff was not ready, when the case was continued by counsel to 8th June 1874.

June 8th 1874 the case came on for further trial. Present the plaintiff B. Harralson and defendant L. W. Pleasant but defendant George Hood not present. Upon examination of witness, I rendered judgment in favor of the plaintiff and against the defendants, S. W. Pleasant and George Hood for one hundred & ten Dollars and interest on one hundred dollars at 8 percent from 8th June 1874 till paid and the further sum of $7.90 cost in this action. It was further adjudged by the court that the gray horse described in the pleadings be sold by the officer W L Stephens and that he apply of the proceeds a sufficient amount to satisfy the recovery and the cost in this action, and the balance, if any, be pay over to the defendant George Hood. Execution was issued to that effect.

On the 15th June 1874, the defendant George Hood filed an application for rehearing (which is herewith filed) which was granted by the court and 11th of July 1876 was appointed to hear the case. And a proper order issued to July 11th 1874. The parties all present. Defendant made affidavit of the absence of an important witness and the case was continued to the 14th July 1874.

July 14th 1874. The case coming for further hearing present all the parties and being ready. The defendant Hood filed his answer to the complaint of plaintiff, which is herewith ___ ___.
After hearing the proof and argument from counsel on both sides the court adjudged that the former judgment, which is above given, was & is correct, and is therefore the judgment of the court after rehearing the case.Whereupon the Defendant Hood appealed to the Superior Court - which was granted a notice of which was accepted by the Plaintiff.

On 21st July 1874 at request of plaintiff an execution was issued against Defendants Pleasant & Hood. And on 28th July 1874 Defendant Hood entered into an undertaking giving Thomas D. Johnston Sr. as surety. Whereupon an order of arrest of execution was issued to the officer by this court.

All of which I send together with the process, pleadings, and other papers in the cause. Dated this 20th day of September 1874.

Joseph C. Pinnix
Justice of the Peace

Below is the agreement, assigned to Thomas Pattillo Bigelow, that gave rise to the above litigation:

Agreement made and entered into between Stephen W. Pleasant of the first parte and George Hood ____ of the second parte. The said Hood agrees to pay the said Pleasant $100.00 or one hundred dollars for a Bay horse $50 fifty the first of June and the remainder when the present his crop of tobacco is sold. The said title is retained till the money is paid. The said Hood agrees to bind a gray horse as security for the above. Bond this notes is [to bear 8% percent interest ____ ] period. Given under my hand and seal this 22 Feb. 1863

George Hood
His Mark

Test - John H. Fuquay
$104.66 Sept 22 1863