The State of Mississippi Superior Court of Chancery, Western District: To Wit. To William Hoggatt, and the Sheriff of Adams County their Counsellors, Attornies and Agents, Greeting…
1825 Writ of Injunction by Mississippi’s first chancellor, Joshua G. Clarke
1825 Writ of Injunction by the State of Mississippi’s first chancellor, Joshua G. Clarke, staying the execution of a court judgment. Clarke’s injunction is here signed by clerk, James A. Girault (1793–1851).
Girault was a pioneer in Tallahatchie County, Mississippi and was a settler at Elliott, which was then an Indian mission school. In 1814, he was appointed clerk of the supreme court of errors and appeals by the governor of Mississippi Territory.¹
In the writ, William Hoggatt and the Sheriff of Adams County were enjoined to “...absolutely desist from proceeding to enforce the collection of a certain judgment obtained in the Circuit Court…against ...Reed Carr…”
Contemporary docketing, signed by Sheriff John Forsyth, reports: “Defendant [Hoggatt] not found.” Additional docketing, signed by Girault, declares that complainant Reed Carr “...hath entered into Bond with appr[ov]ed[?] security conditioned according to Law.”
The writ was ordered by Chancellor Joshua G. Clarke and subsequently issued by Girault. A Pennsylvania native, Clarke was a territorial legislator and a representative at the state’s constitutional convention. In 1821, after statehood, Clarke was appointed first chancellor of the state.²
“On November 23, 1821, during [former territorial judge George] Poindexter’s subsequent service as governor, the legislature established a ‘superior court of chancery’ made up of one chancellor (Joshua G. Clarke) who would sit in two districts: in Adams County for the western district and Marion County for the eastern district, and by 1827, Mississippi had four chancery districts.”³
Description: The State of Mississippi Superior Court of Chancery, Western District: To Wit. To William Hoggatt, and the Sheriff of Adams County their Counsellors, Attornies and Agents, Greeting…
[Natchez], Adams County, Mississippi, March 25, 1825. p. Document Signed. Partly printed; contemporary docketing on verso; sealed in blind. Folds; toning; few short closed tears at some folds; very good.
Notes. 1. Biographical and Historical Memoirs of Mississippi, Vol. 1 (Chicago, 1891), p672. 2. Ibid., p112. 3. Margolis, “A Brief History of Mississippi’s Chancery Court” via Capital Area Bar Association accessed online.