JOSEY, E. A. (ELIJAH ASBURY) AND THOMAS - COURT DOCUMENTS

 

 

 

 

 

 

This page contains some court documents that J. Edward (Bud) Josey found
and they make for some interesting reading

E. A. (Elijah Asbury) Josey (my 2nd Great-granddad - Roddie Josey's Granddad)
Thomas Josey (my Great-granddad - Roddie Josey's dad)

Jackie

E.A. JOSEY #7881 18th November 1867
Vs State of Louisiana
SAMUEL HOLLINGSWORTH Parish of Caddo

To E.A. JOSEY of the Parish and state aforesaid, you are ? “(Note) part of transcript was missing” office at Spring Ridge on Saturday ?”(Note) part of transcript was missing”
at two Oclock in the after noon, then and there to show cause if any you can why you should not give possession of the premises on which you now reside, to SAMUEL HOLLINGSWORTH, who makes the demand of said premises. Hereof fail not or judgment will be rendered against you by default.
Given under my hand officially this November 18th A.D. 1867
J.W. WILSON J.P.

The paper marked “A” & made part of this evidence. Witness never received any copy of the judgment rendered in said eviction suit & move any notice of said judgment, until the writ of eviction was executed. When witness was deposed, defendants lease was in three or four days of expiring. His lease ended December 31st 1867
E.A. JOSEY
All objections to ? & manor necessary of swearing to above statement.



SAMUEL HOLLINGSWORTH State of Louisiana
vs Parish of Caddo
E.A. JOSEY

Citation issued 18th day November 1867
Citation Served 19th

By reason of the law and evidence in the above entitled cause it is ordered, adjudged and decreed that SAMUEL HOLLINGSWORTH, do have and recover of E.A. JOSEY, the house and Plantation formerly owned by MICAJAH JOHNSON, Situated about one mile south of Spring Ridge. This done and signed in open Court on the 30th day of November A.D. 1867

Signed J.W. Wilson J.P.



E.A. JOSEY #7881 24 Feb 1868 Caddo Parish, LA
Vs
SAMUEL HOLLINGSWORTH, JACOB J. HOLLINGSWORTH & N.A HUDSON. Petition for damages.

Plaintiff with his family was dwelling in a certain house in Caddo Parish, situated on a tract of land the property of one MICAJAH JOHNSON, a citizen of the state of Texas. And while plaintiff was thus in peaceable possession of said premises, occupying them as his family residence, SAMUEL HOLLINGSWORTH and JACOB J. HOLLINGSWORTH, both resident citizens of Caddo Parish, with force and arms, entered said premises of the house occupied by plaintiff, without the consent of plaintiff or of his family, & ejected plaintiffs family from said house and premises. This act of defendants was accompanied with other circumstances of outrage and insult. Plaintiff was absent from home at time said trespass was committed, & his children were left without shelter. Pain in violently ousting his family as above defendants were accompanied by (who is also made party defendant then in the commission of a suit
“(Note) part of the transcript was missing” said dollars damages and cost suit. Plaintiff prays for general relief
HENRY G. HALL
Atty for plff




THOMAS JOSEY
Feb, 24th 1868 Caddo Parish, LA. #7882
vs
ELIJAH A. JOSEY

I, ELIJAH A. JOSEY, defendant in the suit entitled as above, hereby waive citation & service and all legal forms and delays & confess judgment in favor of the plaintaiff THOMAS JOSEY, for the amount claimed in his petition, namely One Hundread and Thirty Three 20/100, and I also acknowledge that this debt is due to plaintiff for labor done by him in the year 1867, on the farm cultivated by me and under my management in Caddo Parish, and that plaintiff is entitled to a privilege on the produce of said farm as claimed in his petition.
Signed by Me in The presence of the subscribing witnesses this February the 18th, 1868
witnesses
A H Leonard - E A JOSEY - Henry G Hall



GEORGE D. BUTLER Feb 24th 1868 Caddo Parish LA
Vs
ELIJAH A. JOSEY

To the Honorable Judge of the Judicial Dist of the State of Louisiana;
The petition of GEORGE D. BUTLER who resides in Caddo Parish, respectfully represents that ELIJAH A. JOSEY, who resides in Caddo Parish is justly indebted to petitioner One Hundred and Twenty One dollars and Seventy Five cents, which is due for labor done by plaintiff under a special contract with defendant, on the farm carried in the year 1867 by defendant in Caddo Parish, Defendant contracted with plaintiff to pay him 20$ Twenty Dollars per month for his labor, & plaintiff faithfully preformed labor enough to instill him to the sum above claimed. He also claimed that he has the highest legal privilege on the produce of the said farm of the year 1867. To secure his claim, that the firm of STACEY & ROLAND, & JOHN H REYNOLDS have brought suits against said JOSEY & sequestered a quantity of corn, the produce of said farm in 1867, claiming privilege on the same to secure their demands, And while the said corn was in the charge of the Sheriff, under write of sequestration in said suits, SAMUEL HOLLINGSWORTH also of Caddo Parish, who was concerned in some kind of partnership with defendant in conveying on said farm in 1867, set in a claim to the whole of said corn & isued out a writ of sequestration & had the same seized by the Coroner of Caddo Parish in a suit in which said HOLLINGSWORTH is plaintiff & said JOSEY, STACEY, ROLAND, JOHN H. REYNOLDS, The Sheriff were defendants & said corn is now in the custody of said Coroner BLACKWELL. Dare THOMAS JOSEY also has sued said E.A. JOSEY for debt & claims a privilege on said corn.
Plaintiff prays that said E.A. JOSEY, THOMAS JOSEY, STACEY & ROLAND, J.H. REYNOLDS, S HOLLINGSWORTH, the Sheriff & the Coroner, all of Caddo Parish, be cited to answer hereto – that he may have judgment against said E.A. JOSEY for the amount above claimed with Legal interest from demand – that his privilege as a laborer, may be recognized & enforced upon the said corn (our the proceeds thereof should it be sold) as against all the parties concerned. Petitioner prays for general relief.

A.W.O. HICKS & HENRY G. KOLB
Atty for plff


GEORGE D. BUTLER # 7883 28th February 1868
Vs Caddo Parish LA
E.A. JOSEY

In this case by reason of the law and the evidence, & by reason of the confession of the defendant in writing filed in this case, it is ordered adjudged and decreed that plaintiff GEORGE D. BUTLER, do have and recover of the defendant ELIJAH A. JOSEY, one hundred and twenty dollars and seventy five cents, dollars with legal interest from date to be paid by privilege out of the proceeds of the crop raised by defendant, in 1867, part of said crop being now sequestered in the suet of STACEY and POLARD vs E.A. JOSEY # 7749 & J.H. REYNOLDS vs E.A. JOSEY # 7751, pending in this Court; for which let execution issue.
This done and signed in open Court this February the 28th 1868
JAMES WEEK ?
Judge 10th Judicial District of Louisiana



GEORGE D. BUTLER # 7883 24th Feb 1868
Vs Caddo Parish, LA
E.A. JOSEY

I, ELIJAH A. JOSEY, defendant in the suit entitled as above hereby waive citation & service & all legal forms & delays & confess judgment in favor of the plaintiff GEORGE D. BUTLER, for the amount claimed in his petition, namely one hundred and twenty & 75/100 dollars; & I also acknowledge that this debt is due to plaintiff for labor done by him in the year 1867 on the farm cultivated by me & under my management in Caddo Parish, & that plaintiff is entitled to a privilege on the produce of said form to secure his wages according to the allegations of his petition. Signed by me in the presence of the subscribing witness, this February the 18th 1868.

E.A. JOSEY
Witness
ART LEONARD
HENRY G. HALL



E.A. JOSEY # 7881 12 May 1871
Vs Caddo Parish, LA
SAMUEL HOLLINGSWORTH

Plaintiff E.A. JOSEY represents that SAMUEL HOLLINGSWORTH, defendant has died since the institution of this suit, and that J,M, HOLLINGSWORTH, JACOB HOLLINGSWORTH, AMANDA HOLLINGSWORTH, wife of R.A.GRAY & JAMES ROCHILLE a minor, represented by his tutor BENJAMIN HOLLINGSWORTH, all living in Caddo Parish – are the heirs of said SAMUEL HOLLINGSWORTH. He prays that his suit be removed against said heirs & that they only cited to answer - & for general relief.

HENRY G. HALL
Atty for plff




E.A. JOSEY # 7881 District Court
vs Caddo Parish, LA
SAMUEL HOLLINGSWORTH etal

In the case law reason of the law and the evidence being in favor of defendants, tis ordered adjudged and decreed that their be judgment for plaintiffs demand at his corn.

Done & signed in open Court on this the 31st day of May 1872

A.B. LEWIS
Judge 10th Judicial District



E.A. JOSEY #7881 May 25th 1872
vs Caddo Parish, LA
S. HOLLINGSWORTH etal

Plaintiff moves the Court to grant him a new trial on the grounds that the judgment is contrary to the law & the evidence.

HENRY G. HALL
Atty for plff




E.A. JOSEY # 7881 12 June 1869
Vs Caddo Parish, LA
S. HOLLINGSWORTH District Court

Testimony of S. HOLLINGSWORTH taken on his behalf by consent.

S. HOLLINGSWORTH, Corner says that about the first of last of November 1867, or middle of November. December 1867, JOSEY Plaintiff was living on a place which witness has rented situated in said parish belonging to M. JOHNSON. Witness went to him & told him he wants possession of the place. JOSEY promised to leave & for a while pretended to be looking for a place but soon refused to leave. Witness then wrote out a notice to JOSEY to leave the place, which he read to JOSEY, who refused to take it in presence of GABE ROZEMAN & SAM MOORE. Witness then instituted suit against JOSEY, before Justice NELSON, the Justice of the ward in which JOSEY was living, to evict said JOSEY from said place. Said suit was true & said Justice rendered a Judgment ordered said JOSEY to leave said place. JOSEY still refused to leave and one day about the last of December 1867, as witness was going up to Spring Ridge, with JACOB HOLLINGSWORTH, they met the Constable of said ward with a posse of men going up to enforce this Judgment rendered by said Justice. The Constable asked witness to go along and witness consented, and JAKE HOLLINGSWORTH also went along. The Constable went to the JOHNSON place and demanded possession, JOSEY was not present at the place. Mrs. JOSEY, his wife refused to give up the place or to move out the furniture & other effects. The Constable then had said effects & furniture moved out & set outside the gate. There were two men present in the house with Mrs. JOSEY, one was JOSEYS son & the other was named BUTLER, these men had guns, and they and the people in the house threatened to resist the Constable. The Constable however did enter the house & remove the things as stated. No force was used and no abusive language was used by the Constable or his party.
The reason why witness brought suit against JOSEY, to evict him was that witness & JOSEY had gotten into an agreement by which said JOHNSON place was to be cultivated by them. Witness was to furnish & do certain things & JOSEY was to furnish & do certain things. The said JOSEY failed to comply with his agreement, and finally in consequence of the crop planted on said place getting in the grass and the worms destroying the Cotton, the negroes on the place became dissatisfied and JOSEY came to witness & told him it would be better to pay the hands off & abandon the crop. Witness paid the hands off & JOSEY abandoned the crop and the agreement as witness considered was at an end. Sometime afterward witness wanted possession of the place and went to JOSEY as herein before stated and requested him to give possession. Witness wanted possession & control of the place in order to feed a lot of cattle he had bought. Witness was responsible to JOHNSON for the place. He wanted possession of the place & to get JOSEY off of it because the place was being damaged, the fences cut & burned.

SAM HOLLINGSWORTH

Sworn to and subscribed before me on this 12th day of June 1869

N.N. Wright
Deputy Clerk

 
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