Superior Court of Liberty County
December Term 1842
Charlton Hines ex’or of the last will and testament of Lewis Hines, dec’d
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Michael Prendergast
Plea
Filed this eighteenth March 1842
Jackson & Harden
Georgia
In the Superior Court of Liberty County
December Term 1841
Charlton Hines executor of the last will and testament of Lewis Hines deceased
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Michael Prendergast } Case
And now to wit at this term of December one thousand eight hundred and forty-one, the said defendant by Jackson & Harden, his attorneys, comes and defends the wrong and injury when, etc, and says that the said Lewis Hines in his lifetime did not undertake or promise in manner and form as the said plaintiff hath above thereof complained against the said defendant, and of this the said defendant puts himself upon the Country, etc.
And for a further plea in this behalf, the said defendant by leave of the court here for this purpose first had and obtained according to the form of the statute in such case made and provided, says that the said plaintiff ought not to have or maintain his aforesaid action thereof again him, because he says that the said Lewis Hines in his lifetime to wit on the eighteenth day of September in the year [1839], by his six several promissory notes in writing bearing date to wit on the day and year aforesaid three of said notes for the sum of [image 639] [$1203], each, payable to wit on the fifth day of February in the year [1840] and the other three said notes for the sum of [$1203.34] each, payable to wit on the fifth day of February in the year [1839] with interest on the said six notes from the fifth day of February in the year [1839] the said Lewis Hines was indebted to one Robert Habersham administrator with the will annexed of William Savoye deceased in the sum of [$7319.02] of principal money besides interest, which said six promissory notes were secured by a mortgage on the Silk Hope plantation and lands appertenant belonging to the said Lewis Hines dated to wit on the eighteenth day of September in the year [1839] and by his certain other promissory note in writing dated to wit on the sixteenth day of April in the year [1840] payable on the first day of January then next [word], the said Lewis Hines was indebted to one Elias Perry in the sum of one thousand dollars secured by a mortgage dated to wit on the twenty fifth day of March in the year [1839] on the following named negro slaves to wit: Lizett [alt: Lissett] and her children, Jane, Stephen, Lavinia, Washington, Dublin and Peter; and by his certain other promissory note in writing dated to wit on the thirtieth day of May in the year [1840] payable to wit on or before the twenty-fifth day of May in the year [1841], the said [image 639] Lewis Hines was indebted to George W. McAllister, Richard J. Arnold and Thomas ?S? Clay, trustees of the meeting-house on the neck road near Hardwick in Bryan County, and their successors in office in the sum of s[$6258.95] secured by a mortgage dated to wit on the day of the date of the said last mentioned note on the following named negro slaves with their increase to wit Luke, Molly, Andrew, Doll, Antiny [alt: Anthony], Judy, Paul, Nancy [or Nancy], William, Flora, Frank, Prince, Jack, Flanders, Antoinette, Toney, March, Cain, old Paul, Charlotte, Edward, Rose, Josephine, Sue, Clarinda, Jennet, Jim, Die [alt: Dye] and little Nancy; and by his certain other promissory note in writing dated to wit on the twenty fifth day of June in the year [1840] payable on the first day of November thence next following and endorsed by R & W King and one William Law, the said Lewis Hines was indebted to the Bank of the State of Georgia, in the sum of [$1362.29] and by his certain other promissory note in writing dated to wit on the twenty -fifth day of June in the year [1840] payable on the first day of November thence next following and endorsed by the said R & W King and William Law, the said Lewis Hines was indebted to the Marine and Fire Insurance Bank of the State of Georgia, in the sum of [$1312.50] and by his certain other promissory note in writing dated to wit on the twenty fifth day of June in the year [1840] payable on the first day of November then next following and endorsed [image 641] by the said R & W King and William Law now in the Planter’s Bank of the State of Georgia on deposit by the said R & W Hines as collateral security, the said Lewis Hines was indebted to the said R & W King in the sum of [$1264.70], said last mentioned three several promissory notes being secured by a mortgage dated to wit on the said twenty-fifth day of June in the year [1840] on the following named negro slaves, with their increase to wit: Mary, John, Scipio, Hillington, Joshua, John and Phebe, and their four children Simon, Daniel, Emily and Caesar; Stephen, Ben; Joe and Peggy and their four children Sulphur, Sarah, Isiah and Henry, Daphne and her six children, Charlotte, Jacob, Cate [or Cato], Eliza, Sarah and Hagar; and by his certain other promissory note in writing dated to wit on the twenty-ninth day of March in the year [1838], endorsed by one George C. Linder and one Elias Perry, payable three hundred and sixty days after its date the said Lewis Hines was indebted to the Central Bank of Georgia in the sum of [$1600]; and by his certain other promissory note in writing dated to wit on the third day of March in the year [1840] payable on the twenty-fifth day of October then next, the said Lewis Hines was indebted to Michael Prendergast in the sum of [$811.95] and by his certain other promissory note in writing dated to wit on the tenth day of July in the year [1840, payable four months after its date, the said Lewis Hines was indebted to the [image 642] Central Rail Road and Banking Company of Georgia said note being indorsed by the said R & W King and William Law, in the sum of [$600]; and by his certain other promissory note in writing dated to wit on the twenty-second day of May in the year [1840] payable the first day of January then next ensuing with interest from its date, the said Lewis Hines was indebted to one George C. Linder, since deceased, guardian of the minor children of William ?J? Harrison, deceased, in the sum of [$530.50]; and by his certain other promissory note in writing dated to wit [word] said twenty second day of May in the year [1840] payable on the first day of January in the year [1841] with interest from the first day of January in the year [1840], the said Lewis Hines was further indebted to the said George C. Linder guardian as aforesaid in the sum of [$500]; and by his certain other promissory note agreement or memorandum in writing dated to wit on the twenty third day of May in the year [1840] payable on the first day of January then next following the said Lewis Hines was indebted to one William McWhir in the sum of [$417.95] and by his certain other promissory note in writing dated to wit on the fifteenth day of January in the year [1839] payable one day after its date, the said Lewis Hines was indebted to Gandry & Legriel in the sum of [397.96] and by [image 643] his certain other promissory note in writing dated to wit on the first day of January in the year [1840[, payable one day after its date, the said Lewis Hines was indebted to A. [name] in the sum of [$304.87]; and by his certain other promissory note in writing dated to wit on the twentieth day of September in the year [1839] payable on the first day of January then next the said Lewis Hines was indebted to one Jesse A. Sanford in the sum of [$240]; and by his certain other promissory note due bill or memorandum in writing, dated to wit on the eleventh day of April in the year [1840], the said Lewis Hines was indebted to Hamilton & [name], in the sum of [$213.87]; and by his certain other promissory note in writing dated to wit on the first day of January in the year [1840]; payable ten days after its date the said Lewis Hines was indebted to one Jacob Shaffer in the sum of [$163.90], and by his certain bill of exchange in writing dated to wit on the thirteenth day of June in the year [1840], payable on the fifteenth day of January then next, and drawn on R & W King, the said Lewis Hines was indebted to W & ? W Remshart in the sum of [$157.81], and by his certain other promissory note in writing dated to wit on the [left blank] day of [left blank] in the year [image 644]
[Transcriber’s Note: The remainder of the plea names debts in smaller amounts without using enslaved people as collateral. The following names occur: Lyman Ma??el, Fuller, Moore & Co, James A. Clifford, Price & Mallery, A. Wood & Co, Cyrus Bird, Elizabeth Wells, Jesse Ham, trustees of Emory College]
[Image 648] “…And the said defendant further saith that the said plaintiff ought not to have or maintain his aforesaid action thereof against him the said defendant because he says that he the said defendant hath fully administered all and singular the goods and chattels which were of the said Lewis Hines deceased, at the time of his death, and which have ever come to the hands of the said defendant as executor as aforesaid to be administered except goods chattels and money of small value to wit of the value of [$3500]; and that he the said defendant hath not, nor at the time of the commencement of this suit or at any time since had any goods or chattels which were of the said Lewis Hines deceased at the time of his death in his hands to be administered, except the said goods chattels and money, of the value aforesaid, which are not sufficient to satisfy the said several debts due due and [word] [word] paid several mortgages notes and open accounts, and except also the negro slaves herein before named subject to the mortgages herein before named, and also except the following named negro slaves claimed [image 649] by one Luke Mann as trustee under an alleged marriage settlement made by and between the said Lewis Hines, Mary Jane Pray Sleigh, afterwards, Mary Jane Pray Hines, now deceased, John Pray also since deceased and the said Luke Mann, to wit on the fifteenth day of January in the year [1819]: to wit, Ben Rhina, and the latter’s children John and Abigail; and the children of Abigail, Frank, William, Amos, Emmick and Scipio; and except also the following named negro slaves claimed by one John Pray Hines under the will of the before named John Pray, deceased, dated to wit on the fifth day of February in the year [1819] to wit: Lizett [alt: Lisset] and her children Jane, Stephen, Lavinia Washington Dublin and Peter; Charles and Flora, and their children Robin, Bob, Theresa, Sally, Charles, Alvira [alt: Elvira] and Rufus; Clarinda and her children Simon, Johnson, Lucy, Chloe, Raymond, Francis, Perry, Squire and Silvy; old Chloe, Flanders, Jim, Ben, Morris, Sam and Maria; and except also the following named negro slaves claimed by the said John Pray Hines as his of one Mary Sleigh, deceased, to wit; Tamar and her children Darby Collins, Caroline, Cornelia and Hetty; Paul his wife Charlotte, and their children, Edward Harry and Isaac, old Isaac Toney, Cupid, old Ben and old Sulphur; and also except the following named negro slaves with the issue and increase of the females, claimed by one Maria Hines, widow of the said Lewis Hines, under and by virtue of an alleged marriage settlement between the said Lewis Hines and Ann Maria Hines, formerly Ann Maria [name], and one William J. Way, trustee [image 650] dated on the twenty first day of January in the year [1824] to wit Dick Hannah, Lucy, Peggy, and Peggy’s child Sulphur; Daphne and her children, Charlotte Betsy and Jacob; which said negro slaves with their increase claimed as aforesaid by the said Luke Mann, John Pray Hines and Ann Maria Hines embrace many of the negro slaves and their increase contained and expressed in the before named mortgages; and which said mortgages and claims embrace all the negro slave property inventoried and appraised by the said defendant as executor as aforesaid; and this he the said defendant is ready to verify wherefore he prays judgment if the said plaintiff ought to have or maintain his aforesaid action thereof against him etc.
Jackson & Harden
Defendant’s Attorneys
Loose Papers in folders by surname, Liberty County Court of Ordinary, 1841 estate papers for Lewis Hines; digitized images with typewritten indexes, FamilySearch.org (https://www.ancestry.com/imageviewer/collections/8635/images/005764238_00647 : accessed 22 Aug 2023), “Georgia Probate Records, 1742-1990 -> Liberty -> Estate Records 1775-1892 Harris, Isaac-Hornby, Phillip, image 637 of 1188.