|
Madison County Deeds & Civil Cases
Submitted by Lyndon
Comstock, lyndon.comstock at gmail.com, 4/28/2008
Madison County
deeds, Book U, page 93: [note in margin: Comstock to
Alexander]
Know all men by these presents that I Brown Comstock of
Madison County Kentucky have bargained & sold to William
Alexander of Paris (?), Kentucky all the interest I
have in & to the labour and services of the following
negro slaves which I have now upon here (?) during the
balance of the present year, viz. Edmund the property of
George Barbour, Martin the property of William
McClanahan, George the property of Mrs. A. [name
illegible], Moses, Oliver and Moses Jr. the property the
heirs of D.C. Irvine, Abraham & Brown the property of
[first initial illegible] Stoner, Simpson, Rodes (?) &
Viney the property of R. Gentry, Austin the property of
Mrs. W. Musick (?), Cyrus & William the property of Mrs.
F. Shackelford, George & Jack the property of E.H.
Field, Frederick the property of George Fox, and Mary a
negro woman mortgaged to said Alexander, also all the
interest I have in the use of all the tools, machinery,
horses etc. used about making bagging, rope & twine also
all the interest I have in the use of the furniture
about my house & kitchen of every description however
that whereas the said Comstock is indebted to said
Alexander in the sum of two thousand five hundred
dollars, now if the said Comstock pay off and discharge
said sum, then the foregoing conveyance to be null and
void, otherwise to remain in full force and virtue.
Given under my hand and seal this (date left blank)
day of September 1831. Brown Comstock
********************************
A Madison County, Kentucky civil case
involving a free woman of color:
Susan Cousins vs. Brown Comstock.
Filed 1827. Resolved 1827.
Madison file 11511 Box 115, Bundle
230
Note by Lyndon Comstock: This case
must be quite unusual in its era because it is a woman
of color suing a white man. Susan Cousins (also spelled
Cusins and Cuzins) is described as a free woman of color
residing in Madison County. Since the complaint is for
assault, actually for two assaults, taking place in
1827, there might also have been a criminal case,
although I don't yet know of it.. The case was filed
April 11, 1827 and was dismissed at the next court term,
in June. Unfortunately the case record gives no
indication as to whether there was any further
background to the case or why the case was dismissed, or
whether there was an out-of-court settlement. Although
she subpoenaed three witnesses, two of whom were white
men, to testify on her behalf, one imagines that it
would have been extremely difficult for her to win a
verdict in that time and place. The court costs of $5.91
were presumably assessed against her as the plaintiff.
Since the dismissal was agreed, perhaps there was an out
of court settlement of some type? Brown and Hannah
Comstock and their son George continued to live in
Richmond for the next several years, so he apparently
wasn't sufficiently embarrassed by this case to leave
town.
I couldn't find Susan Cousins or Mary
Webster or any black person named Cousins or something
similar, in either the 1820 or the 1830 census for
Madison County. James Brock and Jacob Miller appear on
the same page of the 1830 census for Richmond, in each
case as the head of a household (only heads of household
are listed by name in those censuses.) I also need to
search the Madison tax lists for Susan Cousins.
Case chronology
Filed 1lth Apl 1827
1827 June disd [dismissed] agreed
Complaint
Madison Circuit
Susan Cuzins, a free woman of Colour, by
her attorney Complains of Brown Comstock in custody &c
of a plea of Trespass viet armis [interference with a
person with force and arms, resulting in injury to the
person or their property]
For that whereas on the day of
1827 [blanks in original] at the County and
circuit aforesaid the said defendant with force and arms
broke open the door of plaintiffs dwelling house situate
in the circuit afsd, and with like force and arms, to
wit with sticks, cowhides &c entered plaintiffs said
dwelling house and made an assault upon the plaintiff,
and her did then and there beat, bruise and wound, so
that her life was greatly endangered – and other wrongs
and injuries to the said plaintiff said deft then there
did against the peace and dignity of the commonwealth –
and for that also afterwards to wit on the day
of 1827 at the circuit afsd, said defendant with
force and arms; to wit with fists, sticks, cowhides,
knives, pistols, rocks and dirks made another assault
upon the plff and her did then and there beat, bruise,
wound and inhumanly flagellate, so that her life was
much endangered, and other wrongs injuries, enormities
and outrages to said Plaintiff then and there did
against the peace and dignity of the commonwealth all
which is to the damage of the plff $1000 – wherefor she
sues &c
Shackelford for plff
Subpoena
Mary Webster, James Brock and Jacob
Miller were subpoenaed to testify on behalf of the
plaintiff, subpoena dated May 23, 1827.
********************************
Richard Gentry vs. Brown Comstock.
Filed 1831. Resolved 1831.
Madison file 13166. Box 141 Bundle
281
Note by Lyndon Comstock: On January 1,
1830, Brown Comstock rented from Richard Gentry two of
his slaves, a woman named Nancy and a boy, Grim (sp?),
for the year. Brown agreed to pay Richard $65 for
their hire by January 1, 1831. Gentry apparently
claimed that Comstock hadn't paid and sued him.
Brown Comstock may be distantly
related to Richard Gentry. His older brother, Lyndon,
was married to Nancy Julia Bush. Her brother Jeremiah
Bush—Lyndon's brother-in-law, was married to Nancy
Gentry. Nancy had a brother, Richard Gentry, who lived
in Madison County and is probably this Richard Gentry.
No explanation is provided as to why
Brown won the suit, and was awarded his costs of $5.16.
Chronology
Come to hand Feby 4th, 1831 at
10 minutes past 12 o'clock
A. W. Goodloe
Levyed on sundry articles see Document A
inclose in attachs [no such attachments were included
in the case file]
Howard vs Compstock
A. W. Goodloe
Filed 4th Feb 1831
Att David Irvine
1831 Dismd Defts cost
Warrant dated February 4, 1831
The Commonwealth of Kentucky to the
Sheriff or any Constable of Madison County, Greeting.
Whereas Richard Gentry hath this day made complaint
before me, a justice of the peace of the county
aforesaid, that Brown Comstock is indebted to him in the
sum of $65 due by note, that the said Brown Comstock
hides and conceals himself that the ordinary process of
law cannot be served upon him. You are, therefore
commanded, in the name and by the authority of the
Commonwealth aforesaid, to attach so much of the goods
chattels and slaves of the said Brown Comstock as will
be of value sufficient to satisfy the said debt,
interest and costs....Given under my hand this 4th
Feb 1831
[signed] Joseph Turner
Promissory note dated January 1, 1830
On or before the first day of January
next I promise to pay to Richard Gentry sixty five
dollars it being for the hire of his woman Nancy and his
boy Grim [?Green?] for the present year, I also bind
myself to clothe said Negroes comfortably well during
the year and return them well clothed for the winter on
the 25th of Dec next.
[signed] Jany 1st
1830 Brown Comstock
********************************
Francis Stoner vs. Brown Comstock &
Bowling Embry. Filed 1831. Resolved 1831.
Madison file 2508 Box 143, Bundle 285
Note by Lyndon Comstock: On January 3,
1829 Brown Comstock and Bowling Embry (presumably
Brown's business partner) agreed to rent a black man
named Abraham from Francis Stoner for the following two
years for $60 per year. Abraham must have been owned as
a slave by Francis.
Francis filed this suit on February 8,
1831 for failure to pay the agreed upon two years rent.
She was awarded a judgment of $120
plus 6% per annum interest from January 3, 1831 plus her
court costs of $7.63.
Case chronology
Filed 8. Feb 1831
1831 March cont
1831 Sept Judgt $120 Int from 3 Jany 1831
& cost
Complaint
Francis Stoner, plaintiff, by her
attorney complains of Brown Comstock & Bowling Embry
Defendants in a plea of Debt that they render unto the
said plaintiff the sum of $120 which they justly owe &
unjustly detain.
For that whereas the said Defts 3rd
day of Jan 1829, by their writing obligatory, of that
date, now in Court to be seen, acknowledge that they had
hired of the said plaintiff a Black man named Abraham
for the 1829 & 1830 commencing the 3rd of Jan
1829 for the term of two years and themselves in said
writing obligatory to pay the said plaintiff the sum of
sixty dollars in gold or silver, per year to be paid at
the expiration of each year and to clothe said boy well
and return him well clothed at the end of the
time....have not paid the said plaintiff the said sum of
money...wherefore she sues
J. White [attorney]
Judgment September 24, 1831
This writ of execution of judgment was
entered on a preprinted form with the relevant blanks
filled in.
To the Sheriff of Madison County
Greeting: We command you that of the estate of Brown
Comstock and Bowling Embry late of your bailiwick, you
cause to be made, the sum of $120 with interest thereon
at the rate of six per cent per annum from the 3rd
day of January 1831 until paid which Francis Stoner late
in our Madison Circuit Court, recovered against them for
her Debt & interest in an action of Debt. Also the sume
$7.63 which to the said Stoner in the same court was
adjudged for her costs in that suit expended—whereof
they are convicted as appears to us of record; and that
you have the said sum of money before the Judge of our
said court, on the second Monday in November next, to
satisfy and pay the said Stoner her Debt interest and
costs aforesaid, and have then there this writ.
Witness David Irvine Clerk of our said
Court, at the Courthouse thereof, this 24 day of Sept
1831 and in 40th year of the Commonwealth
[signed] David Irvine
********************************
William Bentley vs. Brown Comstock.
Filed 1832. Resolved 1832.
Madison file 13591. Box 149, bundle
297.
Note by Lyndon Comstock: On January 1,
1831, Brown Comstock and William Bentley arranged to
hire for the year two boys or men held as slaves,
William and Cyrus, whose ages aren't given. Comstock
and Bentley agreed to pay the owner of the slaves, James
Shackelford, $80 for William and $35 for Cyrus as well
as to provide their clothing for the year. Bentley
states in his complaint that Comstock then agreed to pay
him $200 for what was presumably the exclusive use of
the slaves.
The jury apparently found that
Comstock did have exclusive use of the slaves but
limited the judgment for Bentley to the $115 rental
amount plus a small amount of interest and, presumably,
the $7.30 court costs.
Case Chronology
Filed 8. Augt 1832
1832 Sept Jury & Judgt
$119.60 & cost
Complaint
William Bently by his attorney complains
of Brown Comstock in custody &c of a plea of trespass on
the case in assumpsit [an action for breach of
contract]
For that on the day of [blanks
in original] at said circuit the said deft in
consideration of so much money before that paid, paid &
expended by the plff to the use & benefit of the deft at
the special instance and request of the deft, he the
said deft, then assumed upon himself & promised to pay
the plff two hundred dollars when thereto afterwards
required by the plff – yet the said deft tho often
requested has not regarded his said [illegible word]
has & still fails and refuses to pay the plff said sum
or any part thereof—all which is to the plff damage five
hundred dollars & her sues &c
Turner
Promissory Note January 1, 1831
On or before the first day of January
next we or either of promise to pay to Mr James
Shackelford one hundred and fifteen Dollars.
It being for the hire of his two boys
Cyrus and William for the present year, that is eighty
dollars for the hire of William and thirty five dollars
for Cyrus, we also bind ourselves to cloth said boys
well during the year and to return them well clothed at
the expiration of the time given under our hands this
first day of January 1831
Brown Comstock Wm Bentley
Jury Verdict
We of the jury find for the plff $119.60
cents in damages
Will J Moberly [?]
|