Viewing page 151 of 248

This transcription has been completed. Contact us with corrections.

NARA 642

From the enclosed contract and sworn statement of Mr. Dobbins the facts in this case are a follows, during the year 1866 Mr. Hendrix in company with some other person leased and raised a crop on a certain tract of land belonging to Colonel Foy.- That when the crop was gathered and disposed of the hands were not paid as agreed upon and one of the parties left the country-  That this season the said Hendrix and Mr. Dobbin entered into a co-partnership and leased the same tract of land, and employed some of the same hands that were employed the previous year with the understanding that they were to be paid out of the proceeds of the crop- some of the hands who had not received their pay for last year becoming uneasy reported to the agent of the Bureau who ordered that none of the present crop should be shipped until the debts of last year were paid.- 

Opinion

"The only legal claim these hands have on the present crop is on the interest which Hendrix has in it, which interest should go to satisfy their claims after the expenses for supplies and labor consumed and expended in the present crop are paid.-  I think Major Smiths order should be revoked as these laborers remedy is complete through the Civil Courts by application to the court or a judge (during vacation of court) to have a receiver appointed to dispose of the present crop and pay the "claims" in the order of their priority as follows- to wit-

1st. Claims for advances for labor provisions, rent, [[strikethrough]]lodging[?][[/strikethrough]] &c. for the production of the present crop

2d.  Any surplus which may remain belonging to Hendrix to be applied pro-rata on these last years claims."

Transcription Notes:
---------- Reopened for Editing 2024-05-28 12:20:02