Transcription of 1939 agreement

 

 

First National Bank of Opp, Ala letterhead (note “Ala” used – pre-statehood for Alaska)

  • W.H. Holloway, President
  • F.J. Mizell, Cashier
  • Lists Capital Stock of First National Bank of Opp, Ala as $50,000

 

The State of Alabama,

 

            Covington, County.       THIS AGREEMENT made and entered late on this the 11th. Day of January 1907. by and between Jacob Benton, party of the first part and C. W. Mizell and Frank J. Mizell parties of the second part WITNESSETH: That whereas on to-wit the 11th day of December 1906 the said Jacob Benton received a gun-shot wound alleged to have been inflicted by the said aforesaid Frank J. Mizell and by reason thereof has incurred financial less and damage in the sum of to-wit: $310.55; and whereas it is desired that said Benton be reimbursed said sum and that matters of difference existing between the said Jacob Benton and the said C. W. Mizell and Frank J. Mizell as far as any civil suit or proceedings for damages is concerned be compesed (sp) and adjusted:

            NOW THEREFORE for and in consideration of the premises and the payment to said party of the first part of the said sum of $310.55 the receipt whereof is hereby acknowleged (sp), the said Benton does hereby waive, release, and renounce any and all claims, actions, suits, and demands against said Frank J. Mizell arising or growing out of or connected with the infliction of sadi (typo) wound or on account thereof: the said sum of $310.55 and the agreements and undertakings  hereinafter set forth of the said parties of the second part constituting full and complete satisfaction of all claims arising or growing out of said infliction of said wound.

            And, as a part of this agreement and for the sum of og (typo) one dollar to said parties of the second part in hand paid, the receipt whereof is hereby acknowledged and the release of the said claim of damages as aforesaid, the sadi (typo) parities of the second part agree not to engage in or carry on any mercantile or banking or other business of like character in the said town of Opp, Covington County, Alabama, for the full term and period of twenty years from the date of the ensealing and delivery of these presents.

            IN TESTIMONY WHEREOF the said Jacob Benton has affixed his hand and seal hereto, on the said 11th day of January, 1907; and the said Frank J Mizell signing these presents by his lawful attorney in fact, C. W. Mizell who is thereunto duly and lawfully authorized: (handwritten – In Duplicate)

 

Attest in

 

Henry Opp (handwritten signature of Opp’s namesake)                                     Jacob Benton   L.S.

A. Whaley                                                                                                        C.W. Mizell      L.S.

                                                                                                                        Frank J. Mizell  L.S.

                                                                                                                        By his attorney in fact C.W. Mizell

State of Alabama,

            Covington County.        Before the undersigned authority, personally appeared the above named C.W. Mizell and deposes and says, being first duly sworn that he has full power and authority to sign the above agreement for and on behalf of said Frank J. Mizell holding the power of attorney of said Frank J. Mizell in that behalf.          C.W. Mizell

            Subscribed to and sworn to me this 11th. Day of Jany. 1907.   A Whaley, Register in Chancery in aforesaid County.