Jacksons et al. v. Ariss Buckner & Bernard H. Buckner. Affidavit of Ariss Buckner
Imparlance docket. March Term 1834.
No. 3 190. & No. 191. 202. 301. 302. 304
Negro Henry Jackson vs B. H. & Aris Buckner
" Fanny Jackson & children vs same
" Jenny Bill vs same
" Charles vs same
Negro Alexander vs same
Cassius Jackson vs same
Aris Buckner, one of the defts in the above cases, makes oath that he is credibly & certainly informed, and has good reason to think & believe, and does verily think & believe, that a fair & impartial trial of the above named cases cannot be had in the county of Washington; where the said suits are depending: and prays for the usual order for removing the same into the county of Alexandria, pursuant to the provisions of the act of congress in such cases.
And the said deft further makes oath, that some time early in the session of this court, commencing in March last, he duly made & presented to the court then in session an affidavit duly sworn to in open court, of the same effect as above, and thereupon moved the court for such order as aforesaid; which order, no opposition being thereto made, he understood was granted; and he attended the late term of this court at Alexandria, under the full expectation and belief of finding such order carried into
effect, and the said case there docketed for trial: but to his surprise discovered that the cases had not been transmitted from this court to that; and upon inquiry finds that, owing to the accidental omission & inadvertency either of the court or the clerk, no trace either of the former affidavit, or of the motion & order thereupon made, can be discovered among the papers or records of this court; he presumes that the affidavit was mislaid by the court, and the order, though in fact allowed in the mind of the court, was forgotten to be delivered to the clerk; because the clerk distinctly recollects the fact of the affidavit being presented to the court, but has no recollection of any order thereupon being communicated to him from the court.
This deft further states that a suit is depending in the Court at Alexandria, brought by a negro woman, one of the same set of negroes as those who are petitioners in the above cases, against Franklin & Armfield, to whom she was sold, and which suit is defended by this defendant, as being answerable over: that the last-mentioned case is to be tried at the ensuing adjourned term at Alexandria, when & where it would be highly convenient & save much expense to try all the cases together, as they are all intimately connected together, in the evidence & principles of
law on which they depend.
Ariss Buckner
Sworn to by Aris Buckner in open court this 20th May 1834
Test W. Brent clk
Trials, March term, 1834. No.
filed 20 May 1834
Remove the Cause
