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from Col Callie a U.S. Military officer stationed at Huntsville Ala. for the seizure and possession of said horse claiming him as property of said Nicholson, and as having been taken from him by soldier belong-ing to the 1st Ala federal Cavalry in June 1864 (12 months before the horse was brought to the County by the 10th Ohio Regiment.)
7. Nicholson accompanied a man by the name of Gilbreath who came with the order and who was authorized to seize him and take him into possession.
8. When called upon by Nicholson, Sedberry showed him the horse, and he was taken possession of by Gilbreath, who was empowered by said order to investi-gate the title.
9. Sedberry asked for a trial of the right to said horse, at once and the officer Gilbreath declined, and appointed a time, some four or five days off to hear proof as to identity and ownership of said horse, and appointed Lebanon in the paid County of DeKalb as the place for the hearing of said proof: 20 miles from Centre.
10. Sedberry went to the appointed time and place, and carried with him some four or five respectable and intelligent men, who had known that horse, which Nicholson stated he had lost, and also knew the horse now in controversy, and did prove that this is not the horse, Nicholson alleges was taken from him.
11. Nicholson adduced  no testimony but exparte affidavits of persons living from four to ten miles