A court document recording the settlement of a debt owed by Lancaster McNay through the transfer of five enslaved women and girls, 1839.

During the Panic of 1837, as currency lost value and lenders requested payments, many people found themselves in debt with no way to pay their creditors, which sometimes resulted in the seizure of their property. This writ, or document, from the county court of Lawrence County, Alabama, authorizes the sheriffs of the state to collect a debt owed by a man named Lancaster McNay to Horatio D. Newcombe and Ezra Webb. The notation on the reverse side of the document records what was seized to settle McNay’s debt of $169.74 ¾. In this document, teste means the witnessing or concluding of a clause or writ (a court document) and levy means to collect by legal authority or to seize property.

Transcription:

The State of Alabama

Lawrence County

To any sheriff of the state of Alabama; -- [[object Object]]

We command you, that of the goods and chattels, lands and tenements of Lancaster C. McNay, late of your community, you cause to made the sum of one hundred and fifty dollars and 75 cents, which Horatio D. Newcombe and Ezra Webb copartners in trade under the name + style of H D Newcombe & Co. lately in our County Court of Lawrence County have recovered against the said Lancaster C. McNay for debt, also the sum of Eighteen dollars and 99 ¾ cents which to the said H D Newcombe & Co in the same court were adjudged for their damages which they have sustained as well by reason of the detention of the said debt, as for their costs in that behalf expended; whereof the said Lancaster C. McNay is convicted as appears to us of record; and that you have said moneys before the Judge of our said County Court on the third Monday in July next, to render to the said H D Newcombe & Co of their debt, damages and costs aforesaid.-- And have you this writ at the office of the Clerk of said Court three days previous to the third Monday in July next. 1839

Witness Wiley Gallaway Clerk of our said Court, at office the 12th day of February 1839 and of the Independence of the United States of America, the sixty-3rd year.

Issued the 12th day of February 1839

Wiley Gallaway CLERK

TESTE BILL OF COST

[[object Object]]

CLERK’S FEES Issuing Writ

Cop of Writ

Entering Sheriff’s return - .12 ½

Docketing cause - .12 ½

Filing Declaration

Entering appearance of party - .25

Issuing Subpoena

Entering continuance

Entering Order of Court - .25

Trial, Swearing July Witnesses and recording verdict -.62 ½

Entering up Judgement - .18 ¾

Issuing Execution - .50

Recording acknowledgement of satisfaction of Judgement, - .12 ½

Making complete final record, - .50

Taing cost and copy - .50

[[object Object]] $3.18 ¾

Teste Wiley Gallaway Clerk

[[object Object]]

Clerk’s fees brought forward - $3.18 ¾

Attorney’s fee, - 2.00

Jury Tax

SHERIFF’S FEES.

Serving Writ

Returning Writ in Sheriff’s Office,

do. do. Clerk’s do.

Leaving Cop with defendant

Taking Bail Bond, assigning and returning the same,

Summoning Witness

Empanelling Jury

Returning Fi. Fa- in Sheriff’s Office -.12 ½

do. do. Clerk’s do. - .12 ½ [[object Object]] .25

Half Commission for levying,

Taking delivery Bond.

[[object Object]] $5.43 ¾

[[object Object]]

2565

HD Newcombe & Co vs. Fi Fa / C176

Lancaster C. McNay

Debt - $150.75

Dam $13.56

Cost $5.43 ¾

[[object Object]] $169.74 ¾

[[object Object]] Jan 21 1839

Rec[[object Object]]d Feb. 16th 1839

[Levied and not[[object Object]] time]

to sell July 12th 1839

D F W Valliant, Sh[[object Object]]ff

Peters attn.

[[object Object]]

Levied an five Negroes (to wit) Mariah, a yellow woman and her three children [[object Object]] Cintha, Mary & Jane and girl named Ann about 13 years old also one sorrel Horse saddle and bridle

June 13th 1839 D F W Valliant, Sh[[object Object]]ff