Circuit Court Logan County

George Scaggs et al v. Amos Williamson

And the said defendant George Scaggs by Ferguson _ Samuels his attorney for plea says that at the time of the committing of the said supposed grievances in the said plaintiff’s declaration mentioned a state of actual war existed between the United States of America and the so called Confederate States of America, and that the said so called Confederate States of America were there and then a de facto government, to whom all the rights of bligerants had been and were then and there accorded by the said government of the United States, that at the time aforesaid he the said defendant was a regularly enlisted soldier in the military service of the said de facto government of the Confederate States of America and the said plaintiff was a regularly enlisted soldier in the military service of the said government of the United States, that the said defendant __ in the military service of the Confederate States of America, and in obedience to the orders of Col. Vincent A. Witcher, Lieutenant Felix McConahoy & Lieutenant Tolbert Ferrell his superior officers & captured from the said plaintiff one horse, while the said plaintiff was in the military service of the said government of the United States, which said horse was then and there contraband of war and was by the orders of the officers aforesaid appointed to the use of the said Confederate States of America, and not in any way to the private use of him the said defendant which is the same horse, and the man taking and c__ing in the said plaintiff’s declaration mentioned. And this the said defendant is ready to verify, wherefore he prays judgment.

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The State of West Virginia

To the Sheriff of Logan County–Greeting:

We command that you summon Paris Bromfield, Jas. M. Duncan & Robert Thompson to appear before the Judge of our Circuit Court of Logan County, at the Court House of said County, on the 2nd day of the next May Term of the said Court, to testify and the truth to speak on behalf of George Scaggs, in a certain matter of controversy before our said Court depending, wherein Amos Williamson is Plaintiff and George Scaggs is Defendant; and have then there this writ, and show how you have executed the same. Witness: Curtis Ballard, Clerk of the said Circuit Court of Logan County, at the Court House thereof, the 2nd day of April, 1866, and in the 3rd year of the State.

Curtis Ballard, Clerk

Executed on Pairs Brumfield By Reading the within to his wife on the 4th day of April 1866.