SARAH A. WARREN
JOHN J. GREENING
DeSoto Parish, Louisiana
FROM THE FILES OF SADIE GREENING SPARKS
THE FOLLOWING HAS BEEN EXTRACTED FROM CIVIL DOCUMENT # 2590, DESOTO PARISH, LOUISIANA,
(10TH JUDICIAL DISTRICT, JAMES J. WEEMS, JUDGE)
DATED DECEMBER 8TH, 1866, WHEREIN SARAH A. WARREN GREENING, WIFE OF JOHN J. GREENING SUED HER HUSBAND FOR CONTROL OF HER SEPARATE PROPERTY:
JUDGMENT FOR PLAINTIFF, SARAH A. WARREN GREENING, AGAINST HER HUSBAND, JOHN J. GREENING, IN THE AMOUNT OF $26, 418.16 2/3 CENTS- MARCH 14TH, 1867. THIS JUDGMENT WAS ALLOWED TO STAND AND WAS PAID TO HER BY JOHN. R. GREENING, ADM. OF EST. OF JOHN J. GREENING IN 1873 (OFF THE TOP) OUT OF HIS FATHER'S ESTATE.
(ELAM & WEMPLE, ATTORNEYS, DESOTO PARISH, LA.)
THE STATE OF LOUISIANA
PARISH OF DESOTO
To Albert Jones, Alexander Perryman, John D. Carey, of Conecuh County, State of Alabama, Special Commissioners, or to any other Judge or Justice of the Peace in and for the same-Greeting: Know Ye, That we, reposing full and entire confidence in your integrity and ability, do hereby empower and authorize you to cite and cause to appear before you, JOHN M. HENDERSON, ARMISTEAD D. CAREY, AMANDA N. BOULWARE, of Conecuh County, State of Alabama, who are important and material witnesses on the part of the plaintiff in a certain suit now pending in the District Court, in and for the Parish of DeSoto, in the State of Louisiana, numbered 2590, on the docket of said Court, in which SARAH A. GREENING is Plaintiff and JOHN J. GREENING is Defendant, and the answers of the said witnesses under oath, to the annexed interrogatories, you shall reduce to writing, and cause the said answers to be subscribed by said witnesses and after having duly certified the same under your hand and seal, you will enclose with this commission and annexed interrogatories, seal, and direct the same to the Clerk of the said court, on or before first Monday in March, 1867.
Witness the Honorable James J. Weems, Judge of our said Court, this 29th day of January, 1867.
J. H. Sutherlin, Clerk of said Court.
THE STATE OF ALABAMA
I, John D. Cary, acting under a Commission to me directed from the Clerk of the District Court of DeSoto Parish, State of Louisiana, John H. Sutherlin, to take the testimony of A. D. Carey and Amanda N. Boulware in a case pending in said Court wherein Sarah A. Greening is plaintiff and John J. Greening is defendant that said witnesses having appeared before me and duly sworn and examined and their answers written down by me, and signed by said witnesses, and I herewith return the same, together with the commission and interrogatories to the court from whence they originated..
Given under my hand and seal this Il th day of February, A. D. , 1867.
JOHN D. CARY (SEAL) .
THE STATE OF ALABAMA
On and by the authority in me vested by virtue of a commission to me directed from the Clerk of the District Court of DeSoto Parish, State of Louisiana, dated the 29th day of January, Eighteen Hundred and Sixty-Seven, to take the testimony of A. D. Cary, Amanda N. Boulware, and John M. Henderson, in a certain case in said Court pending in which SARAH A. GREENING is Plaintiff and John J. Greening is defendant, the said A. D. Cary being duly examined and sworn, to the first interrogatory he answered as follows: "I was formerly Judge of the Court of Probate of Conecuh and was Judge from the first of May, Eighteen Hundred and Fifty to the first of May, Eighteen Hundred and Sixty-Five.
Answer to Int. 2nd, He says, upon examination of the transcript annexed to interrogations, He finds that it is a transcript of the original settlement of the Estate of HINCHEY WARREN, Deceased, by Mortimer Boulware; that said transcript was made out by himself, and that the original with all papers and records relative to said Estate were burned by the burning of the Courthouse on the l0th of November last.
Answer to Int. 3rd: He says that upon examination of the transcript he finds the distributive share of each heir to have been the sum of Twenty-Six Thousand Four Hundred and Eighteen dollars and 16 2/3 cents, at the time as shown in said transcript, to-wit: the 17th day of March, 1858, which said transcript was given on the 12th of April, 1858, as shown by him.
Answer to Int. 4th: He answers that of his own knowledge he does not know of the payment of said distributive share referred to in the interrogation, but he recollects distinctly that he recorded a receipt in the Probate Court from JOHN J. GREENING to MORTIMER BOULWARE, Executor of the last will of HINCHEY WARREN, deceased, in full of the distributive share of said SARAH A. GREENING- I also recollect seeing several receipts which were given by JOHN J. GREENING in part payment of the distributive share of SARAH A. GREENING but the last receipt covers the whole amount- and deponent will state further that he believes said JOHN J. GREENING did receive said distributive share -and further this deponent says that the Court of Probate is the Court of Record in our State of all Estate Matters.
A. D. CARY
Sworn to and subscribed before me this Il th day of February, 1867.
JOHN D. CARY Commissioner
And, the said AMANDA N BOULWARE being duly examined to the first interrogation, she answers as follows:
She answers that she knows of her own personal knowledge from information from her former husband the said MORTIMER BOULWARE who was the Executor of the last Will and Testament of said HINCHEY WARREN that the amount shown to be the distributive share of SARAH A. GREENING, on said final settlement as shown in the transcript annexed to the interrogations, to-Wit: the sum of Twenty-Six Thousand Four Hundred and Eighteen 16 2/3 dollars, was paid to JOHN J. GREENING.
Answer to Int. 2nd: She answers that upon an examination of the papers now in her possession belonging to her late husband, MORTIMER BOULWARE, she finds a receipt from said JOHN J. GREENING to her husband said MORTIMER BOULWARE for the identical amount as shown in the transcript to be the distributive share and that said receipt bears the endorsement of the Judge of Probate showing the same to have been properly recorded.
AMANDA N. BOULWARE
Sworn to and subscribed before me this Il th February, 1867.
John D. Cary, Commissioner
STATE OF ALABAMA
I, John M.. Henderson, Judge of the Court of Probate in and for the County and State aforesaid, hereby certify that my said Court of Probate is the only Court in said County in which Wills and Deeds are recorded and the estates of deceased persons and minors managed and settled; that it is the only Court having jurisdiction of the persons and property of Orphans; that I am Ex-Officio the Clerk of said Court, and that the Court House at Sparta, Alabama, with every record in which Wills, Deeds, and Settlements of Estates had been recorded, with all the original papers on file in said office, were on the l0th day of November, 1866, completely destroyed by fire.
I further certify that John D. Cary, late a member of the Alabama Legislature, A. D. Cary, late Judge of Probate in said County, and AMANDA N. BOULWARE, widow of MORTIMER BOULWARE, deceased, are at the present date citizens of said County, of good character and are entitled at all times to full faith and credit.
Given under my hand and Seal of Office at Evergreen, Alabama, February l5th, 1867.
JOHN M. HENDERSON
Judge of Probate
Conecuh County, Alabama
I, R. M. Patton, Governor of the State of Alabama, do hereby declare and make known, to all persons whom it may concern, that John M. Henderson, whose signature appears to the foregoing Certificate, was at the time of signing the same, and at the date thereof, Judge of Probate in and for the County of Conecuh and State of Alabama, and that full faith and credit are due to all his official attestations as such.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and caused the Seal of the State to be affixed, at Montgomery, this 18th day of February, in the year of our Lord, One Thousand Eight Hundred and Sixty-Seven, of the Independence of the United States of America the 91st year.
R. M. PATTON
BY THE GOVERNOR :
D. D. DALTON , Secretary of State
Submitted as Evidence in Case No.. 2590-DeSoto Parish, La.
Dr. MORTIMER BOULWARE, Executor of the Estate of HINCHEY WARREN, Deceased, in account current with credits, said Estate in Final Settlement with the Probate Court of Conecuh County, filed February 22, and reported the 17th day of March, A. D. , 1858, for allowance:
May 25, 1857, to this amt due Estate on last settlement 65,505.67
Interest to Mar 17, 1858 4,221.44 = 69,727.11
Amt of sale bill of property of J. Q. A Warren due Jan 1, 1858, +11,255.30
Interest to Mar 17, 1858. +192.57
This amt. being error in interest on 8,200.50 in settlement, April 7, 1856, +277.27
Interest from April 7, 1856 to March 17, 1858. +43.09
This amt. being error on W. C. Warren, a note due Jan 1, 1855, +93.00
Interest from April 7, 1856 to March 17, 1858, + 14.47
This amt. being error in A. Duke's note and interest in settlement
of April 7, 1856, +4.62
Interest on same from April 7, 1856, to date: +.72
Grand total Credit being: $81,608.15
EXPENSES (Paid OUT) (Incl. Interest April 7, 1856-March 17, 1858)
( Incl. Garland Good's note + Int .(97.45 + 14.84) = 112.29
Error in Sale bill in Dallas County and overcharge in settlement
of May 25,1857 +Interest (73.95 + 7.16) = 81.11
Amt. paid for painting (11.50 + .93) = 12.43
Amt. paid W. P. Carter (119.12 + 11.57) = 130.69
Amt. paid Ward, Sanders & Hunt (82.09 + 8.74) =90.83
Amt. paid J. G. Roberson (.19 + .03) =.22
Amt. paid Sam Hancock (11.50 + .18) =11.68
Amt. paid C. W. Wise (30.00 + .51)= 30.51
Amt. paid J. G. Roberson (6.00 + 3.04) =9.04
Amt. paid E. W. Martin (8.00 + 1.41) =9.41
Amt. paid E. W. Martin (20.00 + .10) =20.10
Court Costs Paid =9.75
Amt. Allowed Executor =1,500.00
Amt. paid Rich. Brantley =1.50
Amt. paid Negro Bill =2.00
Amt paid W. P. Carter = 15.72
Amt paid S. M. Pettibone (79.83 + 7.92) =87.75
Amt paid W. E. Dubose =4.50
Amt. paid J. J. Stallworth =3.00
Amt. paid W. M. Longmire (4.00 + .37) =4.37
Amt. paid John Marshall (12.15 + 1.28) =13.43
Overcharged for 200 BU. Corn @ 1.00 =200.00 Credit
Interest on Overcharge =3.32 credit
Total EXPENSES: $2,353.65 Debits
BALANCE FORWARD =$81,608.15 CREDIT
Less EXPENSES =$2,353.65 DEBIT
BALANCE DUE LEGATEES =$79,254.50 CREDIT
LIST OF LEGATEES OF SAID ESTATE:
1. AMANDA BOULWARE, Wife of M. BOULWARE
2. SARAH A. GREENING, Wife of JOHN J. GREENING
3. MARY W. HUNTER, formerly MARY W. WARREN, of Georgia
The distributive share of EACH Legatee : $26,418.16 2/3
Received of Mortimer Boulware, Executor of the Estate of HINCHEY WARREN, Dec'd, Thirteen Thousand Three Hundred and Fifteen Dollars and Ninety-Four Cents, as portion of assets in part of said estate, December 24, 1855.
Signed: J. J. GREENING, for SARAH A. GREENING
January 1, 1857
Received of Mortimer Boulware, Executor of Hinchey Warren, dec'd, Eight Thousand Three Hundred and Twenty Dollars, it being in part of the proportion of the assets of the said estate paid over to SARAH A. GREENING.
Signed: J. J. GREENING, Agent for SARAH A. GREENING
Attest: Richard Long
THE STATE OF ALABAMA
Before me, personally appeared Mortimer Boulware, Executor of the Last Will and Testament of H. WARREN, DEC'D. who being duly sworn deposes and says that the foregoing account is just and true to the best of his knowledge and belief.
Sworn to and subscribed before me this February 23, 1858.
A. D. Cary, Judge of Probate
THE STATE OF ALABAMA
I. A. D. Cary, Judge of the Court of Probate in and for the County and State aforesaid do hereby certify that the foregoing is a correct transcript from the record in my office of the final settlement of the estate of HINCHEY WARREN, dec'd., made on the 17th day of March, 1858, which the distributive share of each heir in said estate is $26,418.16 2/3 dollars.
Given under my hand and Seal of Office at Sparta, this 12th day of April, 1858.
A. D. Cary (SEAL)
Judge of Probate
IN THE DISTRICT COURT
PARISH OF DESOTO
STATE OF LOUISIANA
SARAH A. WARREN
JOHN J. GREENING
In this case, by reason of the law and the evidence being in favor of the plaintiff, SARAH A WARREN, wife of the defendant, it is therefore ordered, adjudged and decreed that she recover of and from the defendant JOHN J. GREENING, the Sum of Twenty-Six Thousand Four Hundred and Eighteen dollars and Sixteen 2/3 cents with five per cent per annum interest thereon from the 8th day of December, A. D., One Thousand Eight Hundred and Sixty-Six, and all costs of this suit.
It is further ordered, adjudged and decreed that her tacit mortgages on the lands described in her petition in this case be recognized and enforced, taking date from 17th March, 1858. That the community of acquits and gains between her and her said husband be dissolved, and that she have the separate administration and control of her Estate.
This done and signed in open court this 14th day of March, A. D. , 1867. Signed:
JAMES J. WEEMS, Judge, 10th Judicial District, State of Louisiana
Written across the front: This judgment allowed and paid out of the Succession of John J. Greening, Nov. 24, 1875 Signed: J. R. Greening, Admr.
John J Greening & wife Sarah A. Warren