Friday, September 22, 2023

William and Elizabeth Bryant family contracts smallpox

I recently came across another interesting court record in the unindexed images on the Family Search website. This one has to do with a family in my Lankford line who contracted smallpox in late 1862 or early 1863. In this case, William Bryant introduced the highly contagious disease to his family and was forced to burn and destroy bedding and clothes to prevent it from spreading further in Greene County, Georgia. Afterwards, he petitioned the Courts to recover the value of his destroyed property. William is the husband of my 4th great-aunt, Elizabeth Ann Lankford, the sister of my 3rd great grandfather, James Meriweather Lankford. William and Elizabeth had a large family with 10 children whom it appears all caught smallpox.

No. 7 Greene Superior Court, September Term 1863.

William Bryant vs. The State

Georgia, Greene County. To the Superior Court of said County. The petition of William Bryant, showeth that heretofore to wit, on the fifteenth day of Feby. 1863, your petitioner residing in said county, had the misfortune to have introduced into his family the small pox of malignant and contagious character, that eleven members of his family contracted said disease and continued very ill for a long time thereafter, that in order to prevent said disease from spreading it became to be necessary to burn and destroy diverse articles of property belonging to your petitioner which had been used in and about said patients. A bill of particulars of which is hereto annexed, and your petitioner avers that all of said articles were burned and destroyed, and which were of the value of two hundred and twenty seven dollars, under an order of a committee appointed by the Inferior Court of said county in order to prevent the spread of said disease, wherefor an action hath accrued to your petitioner to have and recover of the State of Georgia said sum of money and your petitioner aver that said cases originated under the act assented to Dec. 11th, 1863. Yet the State hath not paid said account nor any part thereof.

Therefore your petitioner prays the judgement of this Court in the premises.
King & Lewis Plffs. Attys.

Bill of particulars of articles destroyed.

2 blankets $12.00, 6 quilts $40.00, 2 beds & 4 pillows $70 - $122.00
1 pr. woolen pants $5, 1 boys coat $5.00, 1 full suit jeans for Wm. Bryant $20 - $30.00
1 over coat $20, 2 flannel dresses for baby $4.00 - $24.00
1 small shawl $2.50, 1 flannel sack $2.00 - $4.50
4 shirts $5.00, 1 pr. drawers $2.50, 2 beds, 4 pillows & 2 bolster ticks $28.00 - $35.50
1 large shawl $4.00, expenses for nurse $7.00 - $11.00
$227.00

We the jury find for plaintiff two hundred and twenty-seven dollars.
John G. Holtzclaw, Foreman

$227.00 Principal - Whereupon it is considered ordered and adjudged by the Court that the plaintiff do recover of the State of Georgia the sum of two hundred and twenty-seven dollars for his principal sum due without cost.

September 16th, 1863
King & Lewis Plffs. Attys.
Recorded this 30th day of September 1863.
Isaac R. Hall, Clerk


(click images to enlarge)

Two additional court records followed the Bryant record in the images showing that other Greene County residents petitioned the Court to recover the cost to burn bedding and clothing after introducing smallpox into their households. John Southerland requested $65 for bedding after one family member fell ill and Joseph D. Maddox requested $59 for bedding and clothes after two family members fell ill.

Reference

Greene County, Georgia, Special Proceedings Records 1860–1866, 1866–1870, pp. 347–349; https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3M5-L3NQ-V?view=explore&groupId=TH-909-81741-95149-73.

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