Legal Document from George T. Swann; September 25, 1865

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Legal Document from George T. Swann; September 25, 1865

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Each transcribed document contains links that connect it to other documents on the same topic in the collection.

People

Billgerry, Joseph Jefferies, James Livingston, Samuel Purcell, Edward Steer, John H.Swann, George T.

Events

Political Office--Appointment to office

Organizations

Courts and Judicial Systems Courts and Judicial Systems--Chancery Courts Plantations

Occupations

Clerks Cotton Gin Operators Judges Law Enforcement Law Enforcement--Sheriffs Lawyers

Places

Mississippi--Hinds County. Jackson Mississippi--Jefferson County. Rodney

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[seal]

The State of Mississippi
Special Court of Equity

Tuesday September 26^th 1865—

Joseph Billgerry
N^o. 26. vs
James Jefferies
Edward Purcell and
John H Steer

Be it remembered that this cause came on to be heard at a former day, before the Hon Geo. T. Swann, upon the Bill, answers, Exhibits and proof in the Same; and after argument of Counsel the Same was taken under advisement, and now at this day, the Court being sufficiently advised, and because it appears to the Court, that, that the petitioner is entitled to a decree in his favor—It is therefore ordered, adjudged, and decreed, and the Court hereby orders adjudges and decrees that the Defendant Jefferies Shall Speciffically perform his contracts, with Said Petitioner, made on the 18^th. day of August 1863. and on the 14^th. day of October 1863. for the Sale and delivery to the Petitioners of one hundred and thirty bales of cotton, to avarge four hundred pounds per bale, making in the aggragate Fifty two thousand pounds of Cotton, the Said Petitioner furnishing bagging and rope, and whereas in the month of July 1865, the Said Petitioner removed from the plantation of said Jefferies, in Jefferson County, twenty bales of Cotton, weighing in the aggregate Eight thousand, nine hundred and Sixty pounds, of which number of bales so received the Petitioner sold six bales, weighing in the aggregate, two thousand Seven hundred and Seventy five pounds, and the remaining fourteen of the bales, So removed weighing in the aggregate Six thousand one hundred and eighty five pounds, were taken from the possession of Said Billgerry by Edward Purcell, one of the Defendants, and are still held by him, the Court therefore orders, adjudges, and decrees, that the Said Jefferies shall stand Credited on his contracts afore-Said, with the Said twenty bales, weighing eight thousand nine hundred and Sixty pounds, as aforesaid, and that being so credited, he shall forthwith after being served with a copy of this decree, proceed to Specifically perform his contracts, with Said Petitioner, and Shall with-in thirty days, after being Served with said copy of this decree, gin bale and deliver, to the Said Petitioner, at Rodney, the remainder of the cotton, to which Petitioner is entitled under Said contracts, to wit, the sum of forty three thousand and forty ^~~three~~^ pounds of Cotton in bales, the Said Petitioner to furnish bagging and rope to bale the Same.

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The Court further orders, adjudges, and decrees, that the Sheriff of Jefferson County, be, and he is hereby appointed a commissioner of this Court, and as such commissioner shall superintend direct and control, the ginning, baling and delivery of the Cotton aforesaid, to Said Petitioner, and to that end he shall forthwith enter into possession of the premises of Said Jeffries as aforesaid, so as to enable him to have Said Cotton ginned baled and delivered as afore-Said to Said Petitioner, and if Said Jefferies fail or refuse forthwith to gin bale and deliver Said cotton, or at any time delay therein, then the Court orders adjudges and decrees, that the Said Commissioner shall proceed forthwith to have said Cotton, ginned baled and delivered as aforesaid to Said Petitioner, and the costs and charges incurred there-by shall be paid by Said Jefferies. The Court further orders and decrees, that the Said Jefferies, and the said defendants Steer and Purcell be and they are hereby perpetually enjoined from selling removing or otherwise disposing of any of the cotton on the premises of Said Jefferies, for any purpose what-ever, until there shall be delivered to the Petitioner in accordance with the provisions of this decree, the amount of Cotton, to which he is entitled as aforesaid—and the Court further orders adjudges and decrees, if the contracts of said Jefferies as aforesaid with Petitioner be not specifically performed by the delivery of the cotton aforesaid to him, then the Said Jefferies shall account for and pay to Said Petitioner for all of Said cotton that may not be delivered, at the rate of thirty four cents per pound, for which sum an execution of fieri facias shall issue on the application of the Petitioner against Said Jefferies, and it shall be the duty of the sheriff as commissioner as aforesaid to report with all convenient Speed, what amount of Cotton is delivered by Said Jefferies, or by himself as com-missioner under this decree to the petitioner, The Court further orders, adjudges, and decrees, that the defendant Edward Purcell shall forthwith deliver to the Petitioner the fourteen bales of Cotton weighing Six thousand one hundred and Eighty five pounds received by him from the Said Petitioner, and in default of his delivery of Said fourteen bales, within ten days after he is Served with a copy of this decree, then he shall account for and pay to petitioner, for the same, at the rate of thirty four cents per pound, for which sum a fieri facias shall issue in favor of petitioner against Purcell, on the application of petitioner—The Court further orders, adjudges, and decrees that the defendant Jefferies shall pay to Petitioner the sum of

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forty dollars, paid out by him in hauling Said twenty bales of cotton to Rodney, and that the defendants shall pay the costs of this Suit

This 25^th. Sept. 1865.

Geo. T. Swann
Special Judge

Joseph Billgerry
26 [gap] vs
James Jefferies & al

In this case it being represented to the Court, that the defendants desire to take an appeal, and wish time to enable them to perfect the Appeal Bond, It is therefore ordered that the actual delivery of the cotton to the Petitioner shall be Stayed for twenty days from this date, but the Execution of no other part of the decree shall be Stayed, and the sheriff shall proceed to Execute the Same

Geo T Swann
Special Judge

I, Samuel Livingston clerk of the Said Special Court of Equity do hereby certify that the foregoing is a true copy of the Final Decree rendered in the cause therein Styled and numbered, on the day and year mentioned in the caption thereof; also the order of said court staying the actual delivery of the cotton in said decree mentioned as the same remain of record in my office.

[seal]

In testimony whereof I hereunto subscribe my name and affix my private Seal (there being no Seal of Court) at Office at Jackson this 14^th day of October A. D. 1865.

Samuel Livingston Clerk