1845 Petition for Injunction - Sophia "Beaird"

(File cover)

111.          157      121

Sophia Alias

Sophia Beaird

Vs.

John Morrison

Scipio M. Beaird &

Cecile Beaird

Bill for Injunction

Filed Mar 11^th 1845

W. W. Omelveny M.
State of Illinois         )                 of the May Term of the

                                      )                  Monroe County Circuit

Monroe County )                       Court AD 1845

To the Honb. James Shulds of the Judges of the Supreme Court of the state of Illinois now holding circuit courts on the 2^nd Judicial circuit of said state of which Monroe County forms a part in Chancery sitting:

                                    Humbly complaining sheweth unto your honor your oratrix Sophia, alias Sophia Beaird, a person of color of French extraction, that on or about the 7^th day of October AD 1843 Sophia M. Beaird recoverd a judgement for the same of four hundred and twenty dollars against Cecile Beaird, guardian of Cecile A. Beaird, in the Circuit Court of said County of Monroe; and that a writ of jurie facias was by the Clerk of said court issued upon sd judgement on or about the seventeenth day of December AD 1844, and that said Clerk delivered said writ of Juris facias to John Morrison the sheriff sd county, whom your oratrix prays may be made defendant to this ___ bill of complaint, and that said John Morrison on or about the      day of                AD 1845, under pretense of the authority of said writ of Ji fa served said writ upon your oratrix as the property of sd Cecile Beaird, and soon after said levy? (illegible) by sd sheriff whi sd Morrison advertised your oratrix for sale to the highest and best bidder, said sale to be on the `12^th day of March AD 1845, one day only  after the date hereof, sec(?) of which will now fully appear by a copy of sd judgement and said writ of juris facias and said advertisement, filed herewith, and marked exhibits A, B, & C reference thereunto being had.

Your oratrix further shows that she is a person of color, and a descendant of the French slaves of the state of Illinois, and that she verily believes, that by the and that she has commenced a suit of laws of said state of Illinois, she is a trespass (illegible) against said John Morrison free person and not the property of said Cecile Beaird; and that so believing, she, your oratrix, has this day commenced her suit of trespass oi et armis (?), against said John Morrison and said Scipio M. Beaird, for what she believes to be unlawful arrest and imprisonment of your oratrix.

In consideration of the premises, and as your oratrix cannot have adequate relief except in a court of equity, your oratrix prays that said Cecile Beard and sd Scipio M. Beaird may also be made defendants to this bill, and that writs of injunction may issue under and by the direction of this honorable court enjoining the further proceeding to the said John Morrison and the said Scipio M. Beaird and said Cecile Beaird, and enjoining them or either of them, from proceeding farther toward the collection of offering or making sale of your oratrix under and by virtue of said writ of fini facias and that upon proof of the allegations and charges in this bill contained your honor would grant and order and cause the same to be containd of record perpetually enjoining them the said defendants from harassing your oratrix by pretence that she is the property of said Cecile Beaird and liable to be sold to satisfy the aforesaid writ of fini facias.  She also prays process against defendants to be returned before this court on a certain day commanding them to appear and answer the allegations in this bill contained And your oratrix prays for such other and further relief in the premises as is competent for a court of equity to enact and she will ever pray & (curved line).

                                                                                    Sophia alias Sophia Beaird

                                                                                    By her agent

                                                                                    John D. Whiteside

State of Illinois             )

                                    )                       John D. Whiteside

Monroe County )                       being duly sworn doth depose and say, that the matters and allegations, in the above bill of complaint are true so far as he knows of his own knowledge, and that the same are true so far as he has obtained information thereof, from others, as he verily believes.

            Sworn to and subsd. before  )

            Me this 11^th day of Mar 1845    )                       John D. Whiteside

            W. W. Omelveny M(& scroll)

State of Illinois             )

                                    )             Set

Monroe County )            on heading and considering the written and foregoing bill of complaint for a writ of injunction I allow the same and order that a writ of injunction issue by the clerk of the Circuit Court of Monroe County state of Illinois enjoining the within named John Morrison and Scipio M. Beaird and Cecile Beaird and their agents and attornies from further proceeding against the person of the within named Sophia alias Sophia Beard as prayed for in said bill of complaint by the said Sophia alias Sophia Beard complainant entering by her agent John D. Whiteside entering into bond with William W. Omelveny as security before the Clerk of said Circuit Court in the sum of one hundred dollars – given under my hand as master in chancery this 11^th day of March AD 1845

Fees of Master $100                                                    Edw^d. Omelveny

                                                                                    Master in Chancery