This post is part of an ongoing project to record names I find in historical records of enslaved people of Greene County, Georgia.
Greene County, Georgia Superior Court
On the twenty fifth day of December 1853, I promise to pay Lucy Whitlow or bearer fifty-five dollars for hire of woman Matilda. I also agree to give Matilda 3 suits of clothing, 2 summer and winter suits, 1 pair shoes and 1 blanket.
No. (3) Greene Superior Court March Term 1854
Lucy W. Whitlow vs. James L. Tarwater
Debt
Georgia, Greene County
To the Superior Court of said Greene County. The petition of Lucy Whitlow showeth that James L. Tarwater of the county aforesaid owes and detain from your petitioner the sum of fifty-five dollars besides interest. For that whereas the said James L. made his certain instrument in writing called a note without date but that the same was made and executed by said James L. on the twenty seventh day of December in the year of our Lord eighteen hundred and fifty-two his proper hand being thereunto subscribed and then and there delivered the said note to your petitioner which is now to the Court shown. Whereby the said James L. promised to pay your petitioner a bearer on the twenty fifth day of December eighteen hundred and fifty-three in figures 1853 the sum of money aforesaid for hire of woman Matilda and the said James L. thereby agreed to give said Matilda three suits of clothing, two summer and one winter suit, one pair of shoes and one blanket and your petitioner owns said James L. has not furnished said negro with said clothing, and that and shoe the same is of the value of ten dollars – yet the said James L. although so indebted and to pay the said sum of money often thereto afterwards requested hath not paid the same nor any part thereof but the same to pay both hitherto refused and still doth refuse to the damage of your petitioner one hundred dollars – wherefore your petitioner prays process may issue requiring the said James L. Tarwater to be and appear at the next Superior Court to be held in and for the county of Greene then and there to answer your petitioner in an action of debt.
Yelv P. King, Pet. Atty.
Georgia to the Sheriff of Greene County Greeting
Lucy M. Whitlow vs. James L. Tarwater
Debt
The defendant is hereby required personally or by attorney to be and appear at the Superior Court to be held in and for the county of Greene on the second Monday in March next then and there to answer the plaintiffs demand in an action of debt as in default thereof the said court will process as to justice shall ascertain. Witness the Honorable Robert V. Hardeman Judge of said court this 29th day of December 1853.
Vincent Sanford, Clk.
Personally served J. L. Tarwater with a copy of the within writ this 3rd January 1854.
H. H. Watts, D. Sheff.
March Term 1854 Answer
September Term 1854 Judgment Confess.
I confess judgment to the plaintiff for the sum of fifty-five dollars with interest and cost with the liberty of appeal.
T. M. Cone, Def. Att.
$55.00 paid
$2.77 interest
Whereupon it is considered and adjudged by this court that the plaintiff do receive of the defendant the sum of fifty-five dollars for his principal debt and the sum of two dollars and seventy-seven cents for his interest therein and the further sum of that behalf expended September 14th 1854.
Y. P. and E. L. King, Def. Atts.
Recorded 12th day of January 1855
Vincent Sanford, Clk.
No. (1) Greene Superior Court March Term 1855
James L. Tarwater vs. Lucy Whitlow
Case
Georgia, Greene County.
To the Honorable Superior Court of said county, the petition of James L. Tarwater shows unto said court that Lucy Whitlow of said county has damaged your petitioner in the sum of fifty dollars in this to wit that on the twenty seventh day of December in the year of our Lord one thousand eight hundred and fifty two, it was agreed and contracted between your petitioner and the said Lucy that in consideration that your petitioner would pay to the said Lucy the sum of fifty five dollars. She the said Lucy would hire to your petitioner for this year eighteen hundred and fifty three a negro woman named Matilda your petitioner also requiring to give said Matilda three suits of clothing, two summer and one winter suit, a pair of shoes and blanket and your petitioner owes that on the day and year first aforesaid he recorded his note on the terms and for the consideration aforesaid payable to said Lucy or bearer on the twenty fifth day of December eighteen hundred and fifty three and the said negro at the time aforesaid was delivered into the possession of our petitioner for the purposes aforesaid and your petitioner owns that he had well and truly kept and performed the aforesaid contract on his part but the said Lucy has not kept and performed said contract on her part but has broken it in this that after said negro went into the possession of your petitioner as aforesaid and during the year eighteen hundred and fifty three to wit on the first day of February of that year said Lucy took or caused to be taken out of the possession of your petitioner said negro and took her into her own possession and control and thereby deprived your petitioner of the services of said negro for the remainder of the year eighteen hundred and fifty three contrary to the terms force and effect of said contract and in breach and violation of the same to the damage of your petitioner in the sum of one hundred and fifty dollars and therefore he brings suit and prays process may issue regarding the said Lucy Whitlow personally or by attorney to be and appear at the next Superior Court to be held in and for said county on the second Monday in March next then and there to answer your petitioner in an action on the case.
Cone and Fuller
James L. Brown, Petts. Atty.
Georgia to the Sheriff of Greene County Greeting
James L. Tarwater vs. Lucy Whitlow
Case
The defendant is hereby required personally or by attorney to be and appear at the Superior Court to be held in and for the county of Greene on the second Monday in March next then and there to answer the plaintiffs demand in an action on the case as in default thereof the said court will proceed as to justice shall ascertain.
Witness the Honorable Robert V. Hardeman Judge of said court this 19th day of January 1855.
Vincent Sanford, Clk.
Served Lucy Whitlow with a copy of the within writ by leaving the same at her place of abode February 21st, 1855.
T. F. Foster, Sheff.
March Term 1855 Answer
And now at this term of the court comes the defendant by her absences Y. P. and E. L. King and for answer saith that she is not guilty in manner and form as plaintiff hath hereof declared – against him and for further answer saith that she never promised and affirmed and contracted in manner and form as plaintiff hath alleged of all which he puts himself in the county.
Y. P. and E. L. King, Defs. Atty.
September Term 1855 appeal by consent
Reference
- Greene County, Georgia, Superior Court, Special Proceedings Records 1852–1856, familysearch.org.
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