Edward Pollard .vs Pirtles
White Co., TN | April 1844 |
Description:
White County TennesseeChancery Court Minute Book
Pages 116-119
April 1842 - January 1846
State of Tennessee
Be it remembered that heretofore, to wit; on the 29 day of
October 1842 there was filed in the office of the Clerk and Master of the
District Court of Chancery at Sparta a Bill in the words and figures
following, to wit.
State of Tennessee. To the Honorable, the Chancellor assigned to hold the
Court for said State presiding at Sparta. The bill of complaint of Edward V.
Pollard a citizen of White County Tennessee against Elijah Pirtle, G.
Rockingham Pirtle, and Jacob L. Pirtle of said County and State Defendants.
Humbly Complaining your Orator represents to your Honor, that as well as he
recollects about the 1st of April 1842, he was prevailed upon as a mere
matter of accommodation to a neighbor to become Surety or Security for the
defendant Elijah Pirtle, for the Sum of two hundred and Sixty dollars in a
debt payable to one Polly Davis. At the time your Orator became bound as
Such, said defendant Elijah was considered good and Solvent, being the owner
of a Tract of Land in White County on which he then lived. Supposed to
contain about one hundred and fifty acres, tolerably well improved and well
watered. He was also the owner to the amount of a one half of a valuable
negro man named Jacob, and the defendant Jacob L. Pirtle was the owner of the
other half of said Slave, who is Supposed to be worth at least Eight hundred
dollars. Said defendant Elijah Pirtle was also the owner of considerable
personal property. Consisting in part of Stock, a distillery and house hold
furniture. Your Orator charges that the said defendant Elijah as he
believes, has combined and confederated with the other defendants George R.
Pirtle and Jacob L. Pirtle to cheat and defraud him and compel him to pay
said Security debt to the said Polly Davis, for which debt he never received
benefit to the amount of one cent for he expressly charges that said
defendant Elijah Pirtle has within a few days past fraudulently conveyed his
interest in said negro to the said Jacob Pirtle, and his interest in the said
Tract of Land to the said George R. Pirtle, and that said conveyances both of
the land and negro were without consideration made to hinder delay and
defraud Creditors and especially your Orator and he charges that both of said
Sales were fraudulent and void. He further charges that the defendants
Elijah and Jacob Pirtle, are brothers, and are cousins to the said George R.
Pirtle. Your Orator shows that the fraudulent conveyances were made at or
near about the time the Judgment was obtained on Said deft for which you
Orator is Surety to the said Polly Davis. The said Elijah and your Orator
having been cited on the first instalment of said debt two installments of
the same being out then sued upon. Of this debt one installment of $87.50 is
now due but not yet sued and another one of the same will be due about the
1st of January next. Further to show the fraudulent contrivances of said
defendants your Orator charges that at or near the same time of the
fraudulent sale of the land and negro the said defendant Elijah privately
went out of his neighborhood, or at all events if he did not confess
Judgements in favor of the said Jacob Pirtle he let them go and executions
were issued immediately and took the remaining balance of said Elijah's
personal property thus striping your Orator of all means of indemnity as to
his said Suretyship. All which actings and doings are contrary to Equity and
good conscience, and tend manifestly to the injury and ---?--- of your
Orator. He further Charges that he, your Orator is good and Solvent, in his
circumstances and the said defendant Elijah wholly insolvent. And your
Orator knows that he will have to pay surity debts and he has reason to fear
and does fear and so charges will be sold to some innocent purchaser or run
from the County, he is also afraid that the defendant George R. Pirtle will
in like manner convey said Tract of Land to some innocent purchaser without
notice, and thus deprive your Orator of all means of Redress in the premises.
In tender consideration where of and for as much as your Orators without
remedy in a Court of Common Law and is only relievable in your Honorable
Court of Equity, where matters of fraud and hardship and properly cognizable,
he prays that the said Elijah Pirtle, Jacob Pirtle, and George R. Pirtle be
made defendants to this Bill and that they be compelled upon their Corporal
Oaths fully and truly to answer the same in all its parts. And that the said
Jacob be enjoined from Selling or disposing of said negro and that he be
bound to give Security for the forth coming of said negro upon the final
hearing of the cause and that the said George R. Pirtle be enjoined from
selling or disposing of said Tract of Land. He further more prays that by
decree of your Honorable Court the sale of one half of said negro and the
sale of said land be canceled and declared void, and that said Elijah's
interest in said Slave be sold and the money arising therefrom applied as an
Indeminty to your Orator and if he should not sell for enough that said Land
be in like manner Subjected. Before the hearing of this Cause your Orator
will place himself in the Condition of a Judgement Creditor. He prays for
such other and further relief as Equity and good conscience may entitle him
to receive. This is his first application for an Injunction in the cause he
prays for copies and Subpoenas.
Nelson & Goodall, Sols
Chancery Court Clerks office Sparta Oct. 15th 1842.
Personally appeared before me, Edward V. Pollard the complainant
in the foregoing Bill and made oath in due form of Law that the allegations
in said Bill are true to the best of his information Knowledge and belief
Sworn to and subscribed before me this date above written. William E.
Nelson D. C. Edward V. Pollard
Let the Clerk of the Chancery Court at Sparta Issue an Injunction to prevent
the sale of the Land mentioned in the Bill and also directing the Sheriff to
take & keep the negro unless defts give bond & Security in $800, that he
shall be forth coming to answer the decree herein to be pronounced Complt
giving bond and Security in $500 to answer Costs damage etc 17 Oct 1842.
Ab Caruthers Judge 4th Jud.
Circuit
Know all men by these presents that we Edward V. Pollard and Smith J. Walling
of the County of White are held and firmly bound unto Elijah Pirtle, George
R. Pirtle and Jacob L. Pirtle of the County and State aforesaid in the Sum of
Five hundred dollars which payment will and truly to be made and done we bind
ourselves and each of our Heirs Exers and admr. Jointly and Severally firmly
by these presents Sealed with our Seals and dated this 29th day of October
1842. Now the condition of this obligation is Such that whereas the above
bound Edward V. Pollard has this day filed his Bill of Injunction in the
chancery Court at Sparta Tennessee against the said Elijah Pirtle George R.
Pirtle and Jacob L. Pirtle alleging fraud, combination etc between the said
defendants respecting a certain Tract of Land and also a negro man in the
Bill mentioned and praying that said Jacob L. Pirtle be enjoined from selling
or disposing of said negro and that said George R. Be enjoined from Selling
of disposing of said Tract of Land. Now if the Said Edward V. Pollard Shall
well and truly present this said Suit with effect as in case of failure so to
do shall well and truly pay all Costs that may be adjudged against him and
shall well and truly pay said defendants all damage they may Sustain from the
wrongful suing out the Injunction, then the above obligation to be null and
void otherwise to be and remain in full force and effect.
Edward V. Poland (Seal)
S. J. Walling (Seal)
Edward Pollard |
vs |
Pirtle --?-- | And the said George Pirtle for answer to the
said Bill says that it and afterwards -----------------
------------missing line------------------- the words and figures following
to wit:
Edward V. Pollard |
va |
Pirtle & | And the said George Pirtle for answers to the said
Bill Says that the matters and things Set forth and charged therein are
insufficient for the Complainant to have relief or any decree therein and for
want of a Suficient Bill and Equity this defendant demurs and for causes Sets
down the following. 1st This Bill is multifarious. 2nd There is no Equity.
Turney Sol.
And afterwards towit at the April Term of said Court A.D. 1843 and the
11th day of said Month there was by the Court pronounced a decree in the
words and figures following to wit:
Edward V. Pollard |
vs | Inj. Bill
Elijah Pirtle, George |
R. Pirtle & Jacob L. Pirtle | Be it remembered that this cause
came on to be heard this day before the Hon Brownfield S. Ridley chancillor &
upon Bill and demurer thereto, and the matters of Law in the same, having
been argued and fully understood by the Court, therefore because in the
opinion of the Court, In matters of Law arising on the dummurer are with the
defendants, it is ordered adjudged and decreed that the demmurer be
sustained, and upon motions of Complainants counsel and for reason
satisfactory to the Court, it is odered that Complainant have leave to annuel
by dismissing as to George R. Pirtle upon the payment of all costs for which
let fifa issue.
And afterwards to wit on the 13th day of April A.D. 1843 there was
filed in the office of the Clerk and master of the Chancery Court aforesaid
an answer in the words and figures following to wit: The separate answer of
Jacob L. Pirtle to the Bill of Complaint of Edward Pollard filed in the
Chancery Court at Sparta Tennessee against him and others. This respondent
saving and reserving all benefit for Errors and untruths in Complainantts
bill set forth, for answer thereto or to as much as he is advised is
material, answeres and says. That is to said charge in the Bill that
complainant had become the Surity of Elijah Pirtle to Polly Davis for two
hundred and Sixty dollars or any other sum he knows nothing and requires
proof nor does he know as to the Solvency of Elijah but believes it true as
charged in the Bill that he had a small tract of Land which was poor and
worth but little. This respondent denies that Elijah Pirtle was the owner of
the half of the negro man Jacob but on the contary though a bill of sale was
made to said Elijah and himself by James Knowles administrator yet long
before the transaction mentioned in the bill respondent being the only
responsible person to pay for said negro he took the whole interest and
became the sole owner and the administrator returned his sale accordingly.
The said Elijah never paid one cent for said negro he was worth about the
price charged in the Bill at the time but negroes has fell in price this
respondent answers that said Elijah Pirtle owes him Just debts and he
obtained Judgments had his personal property sold and to make his debt bought
a portion of the same which is the property mentioned in the Bill. Your
respondent did not purchase all of the property sold that was sold but did
purchase at the sale the most of it, that in doing this he did not combine
with Elijah but the sale was fair and honest and without any intention to
hinder delay or deframe Creditors or to compel Complainant to pay said debt
to Polly Davis, he denies that said Elijah ever made him a Bill of Sale of
one half of the negro without consideration but he answers that he made him
the Bill of sale for the consideration that respondant was compelled to pay
the whole consideration for him and that having to pay for the negro it was
Just that respondent should have him, this conveyance was made a great time
before filing the Complainants Bill but truly and honestly for the purposes
above stated and without the least intention of fraud, but Bona fide so that
respondent denies that charge in the bill as positively as it is asserted.
He admits that Elijah Pirtle is his brother, George R. is his Brother in law
and Cousin. This respondent denies that Polly Davis has received any
Judgment against Complainant or Elijah Pirtle and requires proof, he knows
nothing about the conveyance of the land to George R. Pirtle and can Say
nothing. He denies that Elijah Pirtle ever went out of the neighborhood and
confessed Judgments to him or that he let them go but states that he sued him
and obtained his Judgments honestly and fairly and the Judgments were not
Stayed and respondent issued his ---?--- according to law. The complainant
may silence his fears about the negro being run off, this respondent knows no
reason why he should run off, his property this respondent says that no
Judgment having been obtained upon any liability he denies that Complaint has
any Equity and having fully answered prays to be dismissed with his
reasonable cost.
Turney Sol.
Statre of Tennessee. This day Jacob L. Pirtle presonally appeared before me
& made oath in due form of Law that the matters and things Stated in the
foregoing answers of his own knowledge and true & such as are stated on
information he believes to be true. Sworn to and Subscribed before me 10th
April 1843.
B. S. Rhea Clk & M. Jacob L. Pirtle
And afterwards to wit at May Rules A.D. 1843 the following Entry was
made in the Rule Docket of said Clerk and Master, to wit: Bill taken for
confessed as to Elijah Pirtle and ---?--- as to Jacob Pirtle May Rules 1843.
And afterwards, to wit, at the October Term of said Court A.D. 1843 and
on the 10thday of said month the following order was made by the Court in the
words and figures following to wit:
Edward V. Pollard | Inj. Bill.
vs |
Elijah Pirtle and |
Jacob L. Pirtle | This day the Complainant by Counsel appeared in
Court and ordered the above cause to be dismissed he assuming all costs.
Transcribed By:
James R. Blanks
114 Somerset Lane
Tullahoma, TN 37388
February 19, 2001
Note: In the minute book, the scribe made his "L's" to look like "S's". This
transcriber has repalced these "S's" with "L's" to indicate the correct name
of Jacob L. Pirtle. Jacob L. Pirtle (1794-1876) is a son of George Pirtle
(1767-1840) who died in White Co TN and is buried in the Cooke Family
Cemetery near Shady Grove in White Co.
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