Court Minutes, June, 1843 – Debts
Transcribed by Jan Johnson Barnes
©2000
TSL&A Microfilm #50
Sumner County Clerk Minutes
February 1843-June 1846
The following paragraph represents the entries for each of the recorded debts.
This day came the parties by attornies and also a Jury of good & lawful men to wit the last above named who being elected tried and sworn the truth speak upon the issues joined between the parties aforesaid upon their Oath do say that the Defendants have not paid the sum of _______ in the plaintiffs declaration mentioned find no set off and assess to Plaintiff _______ damages for detention thereof amounting together to $________. It is therefore considered by the Court that the plaintiff recover of said Defendant said sum of $_____so by the Jury in form aforesaid found and his costs in the behalf incured and that Execution issue.
The Bank of Tennessee vs. Robert Hodge Debt
The court found the defendant did not pay his debt of one hundred and seventy
five dollars, awarded the plaintiff an additional eleven dollars and twenty
two cents for damages.
William R. Alexander vs.
William W. Young Debt
Jury found the defendant had not paid the debt of two hundred dollars. An
additional eighty six dollars damages for detention was also awarded to the
plaintiff.
The Bank of Tennessee vs.
William B. Preston Moses C. Preston Preston W. Davis & James B Elizer
Debt
Jury found that the Defendants did not pay a debt of two hundred and fifty
dollars, find for the plaintiff with an additional twenty dollars and seventy
eight cents set forth for damages.
Thomas House vs. William Trousdale & Henry W. Bugg Debt
Jury found that the defendant had not paid the sum of two hundred & sixty
one dollars & ninety cents, an additional twelve dollars damage was set
forth.
The Bank of Tennessee vs Charles J. Isom Executor with the will annexed of
John B. Howard dec'd Benj. R. Howard Peter W. Martin & William M. Blackmore
Debt
Debt of one hundred twenty five dollars with an additional nine dollars &
sixty eight cents awarded to the plaintiff.
The jury finds that the defendant has not paid the sum of two hundred &
seventy three dollars & 33 cents. The jury awards an additional twenty
seven dollars & 50 cents to the plaintiff.
Edward W. Hughs vs. Randon?
S. Wynne John Booker, Peter Townsend and Joseph W. H. Townsend Debt
Debt of six hundred dollars
an additional fifty one dollars damages was awarded to plaintiff
Debt by the defendants - Six hundred & thirty four dollars and twenty
two cents An additional forty nine dollars & thirteen cents for damages
was awarded to plaintiff.
Debt of one thousand dollars, an additional one hundred nineteen dollars
& 25 cents awarded to plaintiff.
Jury finds that the Defendant has not paid the debt of three hundred &
fifty dollars, an additional nine dollars eight seven & half cents was
awarded plaintiff.
William C. Hall & Lewis Haynee Executors of Jessee Haynee dec'd vs Thomas
Watson Debt
Defendant owes a debt of seven hundred dollars with the jury awarding an
additional seventy two dollars & eighty three cents.
Page 20
Anthony W. Vantreses & Robert Baxter Surviving partners of Baxter Hicks
vs Thomas Flack Debt
Debt of five hundred & eight dollars & twenty five cents; an additional
fifty four dollars & sixty one cents was awarded plaintiff for
damages.
Debt of Four hundred & sixty dollars & twenty four cents; damages
of one dollar and twenty five cents also awarded to plaintiff bringing the
total amount to $461.49.
Thomas P. Horn vs James
Gwin Debt
Jury found the defendant had not paid the his debt of two hundred & twelve
dollars & fifty cents. Damages for detention - five dollars & ninety
four & half cents amounting together $218.44 cents.
Page 21
Jesse Cage assignee of ? vs Joel Parrish Josiah W. Baldridge and James Glover
Debt
Debt of three hundred dollars with forty nine dollars & forty cents
additionally awarded to plaintiff for detention.
The Gallatin Turnpike Company
for the use of John Branham vs James Burns Administrator of John Burnes
Debt
Debt of two hundred & twenty nine dollars & 75 cents with an additional
thirty two dollars for damages awarded to the plaintiff.
Peety Tisdale vs Beverly
Miller & John B. Miller Debt
Eight hundred & forty eight dollars & fifty cents with an additional
twenty three dollars damages for detention awarded to the
plaintiff.
Pages 21 & 22
James Alexander vs. Amand? F. Bate exec of Jas. H. Bate Debt
Debt in the amount of three hundred & seventy one dollars & eighty
two cents in the plaintiffs favor with an additional thirty four dollars
and fifty one cents damage for detention awarded to plaintiff.
Page 22
William M. Briggs vs Jacob L. Warner Debt
Debt of Three hundred & thirty three dollars & 33 cents with twenty
three dollars & thirty three cents damages for detention awarded to
plaintiff.
Charles A. Leath vs Joel
H. Daughtery and Rufus Morgan Debt
Debt in the amount of six hundred & twenty dollars; additional seventeen
dollars & fifty cents awarded to plaintiff for damages.
Pages 22 & Page 23
John Thompson vs Nathaniel D. Terry Debt
Debt in the amount of five hundred & seventy five dollars, with an additional
eighteen dollars and fifty cents awarded to plaintiff.
Page 23
Charles L. Bryne vs King Suton & Enoch P. Connell Debt
Debt in the amount of five hundred & fifty six dollars sixty six &
2/3 cents with an additional twenty three dollars & sixty cents for damages
awarded to plaintiff.
Jesse Cage vs Charles Lewis
and Reubin S. Payne Debt
Debt of twenty seven hundred and twelve dollars with an additional two hundred
and three dollars damages for detention due the plaintiff.
Josiah Walton for the use of the heirs of Matilda Walker
vs. Hugh Joyner and Benjamine W. Mills Debt
Debt of four hundred & fifty dollars with an additional thirteen dollars
& twenty six cents damages for detention awarded to plaintiff.
Pages 23 & Page 24
George F. Crocket Commissioner for the heirs of Bartholemew Stoval dec vs.
William P. Sayles Thomas Stoval & John J. Hebbits Debt
Debt for Seven hundred and one dollars with fifty three dollars & twenty
five cents damages for plaintiff.
Page 24
Joseph Robb and Joel Parrish Executors of Wm. Williams dec'd vs John Y. Smith
Debt
Debt of two hundred & eighty dollars with seven dollars and ninety cents
damages to the plaintiff.
William L. Winston Administrator
of John ? Dickerson Dec'd (I was unsure of his middle initial) vs Hugh B.
Hill Debt
Debt in the amount of four hundred dollars with thirty dollars damages for
the plaintiff.
Pages 24 & 25
William B. Jennings
Administrator of Enos Lasciter Dec'd vs Charles Lewis Debt
Debt in the amount of two hundred & fifteen dollars & sixty two cents
with four dollars & thirty one cents damages.
Page 47
The Bank of Tennessee Vs. William B. Preston Moses
C. Preston Preston W. Davis & Andrew Martin Debt
This day came the parties by attornies and also a Jury of good and lawful
men to wit (the last above named) who being elected tried and sworn the truth
to speak upon the issues formed believe the parties aforesaid upon this oath
do say that defendants have not paid the debt of Three hundred and fifty
dollars in the declaration
Page 48
mentioned find no set off and assess to plaintiff twenty five dollars and
twenty five cents damages for detention thereof amounting to $375.25. It
is therefore considered by the court tht plaintiff recover of said defendants
said sum of $375.25 the amount so by the Jury in form aforesaid found and
their costs in this behalf mound? and that execution issue.
Thomas Anderson Vs. Albert G. Douglas and James Douglas
Debt
Debt of $647.54
Assessed to plaintiff an additional $17.75 for damages
Thomas Anderson Vs. Albert
G. Douglas Debt
(This was repeated under the above debt entry, without James Douglas name.
The debt amount is the same, $167.54. However, the plaintiff was awarded
$17.80. I do not know if this is the same debt, or another one.)
Richard Parker vs. Amanda
F? Bate Administrix of J.H.? Bate Debt
Jury found that the defendant had not paid the debt of one hundred and eighty
one dollars and seventy six cents. Damages for detention amounted to Thirty
seven Dollars and thirty one cents. Total amount owed by defendant -
$219.07.
Page 56
Elijah Boddie Chairman for the use of E. Hodges vs.
William Durham, Mark Center & Benjamine Johnson Debt
The plaintiff came and said he would not further prosecute the suit; defendants
assumed to pay the costs.
Pages 56 & 57
Theodore Staly and wife foremerly Rhody Bell vs William
McCall Debt
Defendant says that he is indebted to the plaintiffs in the sum of nineteen
hundred and seventy two dollars & fifty two cents on three notes to wit:
one for seven hundred and eighty seven dollars thirty two cents payable to
Rhody Bell due twelve months after 6th Feb 1841, signed by C.H. Gray and
Wm McCall and agrees to interest of sixty four dollars and sixty four cents
on the same. One for five hundred and ninety seven dollars and fifty cents
payable to Rhoda V. Bell due twelve months after 16th March 1842 and signed
by William McCall and agrees that the interest on this is nine dollars and
twenty six cents. One for five hundred and thirty five dollars with a credit
of thirty dollars on the 14th Dec 1842 payable to Rhoda V. Bell due twelve
months after the 24th January 1842, signed by W. McCall and agrees that the
interest on this is eight dollars amounting in all to Nineteen hundred and
seventy two dollars and fifty two cents which the plaintiff accepts. Court
orders plaintiffs to recover costs from defendant.
Page 57 _____ Tisdale vs.
Beverly & John B. Miller Debt
Defendants ask for an appeal to the Supreme Court of errors and appeals to
be held at the city of Nashville on the 1st Monday of December. Their bond
- Seventeen hundred and forty two dollars with James W. Barr their
security.
This day came the parties in proper persons and the defendant in open court
says he is fully indebted to the plaintiff in the sum of eighty five dollars
and 90 cents the balance due upon a note for $309 payable to Will Blackmore
Clerk & Master for the use of Carter Douglas & M. Elurath? the purchase
money for a Saw Mill due 12 months after date and dated 11th June 1842 signed
by W. Carter & S.R. Anderson and agrees that the Interest on the same
is 02 cents making $85.90 cents which the plaintiff accepts. It is therefore
considered by the court that Plaintiff recover of said Defendant said sum
of $85.90 cents so by him confessed to be due and his costs & Execution
issue.
Samuel R. Anderson vs. (William
is crossed out with Washington written above it) Carter Motion
This day came the plaintiff by William M. Blackmore his attorney and also
a Jury of good and lawful men to wit Asa Hassell Wm Link Samuel Bradley Sanford
Bickenstaff Samuel Kirkpatrick Wm Franklin Burris Bender Z.P. Cantrell Stephen
R. Gilliam Humphrey Miles S.F. Schell & Saml Clenny who being elected
tried & sworn will and truly to inquire in to the fact to whether plaintiff
was the security of said Deft. to a note under seal of $309 payable to William
M. Blackmore Clerk & Master for the use of Carter Douglass & M. Eluratt?
12 months after date and dated 11th June 1842. Signed by
Page 60
W. Carter & S. R. Anderson on the same being the purchase money for a
Saw Mill on their oath do say that plaintiff was the Security for said Deft
to said note above recited and it appearing to the Court that Judgment had
been rendered in this court against the Pltff in the Motion for $85.90 cents
in favor of W. M. Blackmore Clerk & Master it being the balance due on
said note before specified. It is therefore considered by the court that
Pltff recover of said Deft said sum of $85.90 cents together with the costs
of confession and the costs of this motion and that Execution
issue.
John M. Henley vs. Samuel
B. Murray Debt
This day came the plaintiff by Alfred Robb att. and the Deft in proper person
who in open court says that he is indebted to the plaintiff in the sum of
$185.36 cents. It being the balance due on a Judgment rendered in this court
on the 21st day of Feby 1843 to wit the February Term 1843 of the Circuit
Court of Sumner County payable in favor of the Bank of Tennessee and against
the said S. B. Murray and Jno. M. Henley for the sum of $288.81 cents with
$9 cost of suit together with $5.95 cts & $2 printers fees making together
the sum of $305.76 cents which the plaintiff accepts. It is therefore considered
by the court that the pltff recover of said Deft said sum of $185.36 cents
so by him confessed to be due & his costs in this behalf incurred and
that Execution issue.
Temple O. Harris Adm vs.
The Nashville & Gallatin T.P. Company debt
This day came the parties by attornies and the Deft by Jo C. Guild att. and
moves the court for a new trial in this case. Whereupon the same being argued
seen and fully understood and the court not being advised day is given the
parties until the next Term of this court.
Page 61
Goleman Donoho Vs John P
Hughs Debt
This day came the plaintiff by attorney and the defendant though solomly
called came not but made default thereupon on motion of plaintiff by attorney
it is ordered by the court that Judgment by default penal be entered up against
said defendant for the sum of Six hundred and sixty one dollars and forty
four cents a balance of the debt is the declaration mentioned found with
sixteen dollars and fifty three cents damage for detention thereof amounting
together to the sum of $677.97 and his costs in this behalf incured and that
execution issue.
Page 62
Alexander Banks for the
use of John Cotton Vs John B. Walton Debt
This day came the parties by attornies and also a Jury of good and lawful
men to wit Samuel Kirkpatrick, Busre V. Tender? William Link Sr. Asa Hassell
Samuel Bradley, William Franklin, Humphry Bate, Sandford Bickerstaff, James
Gwin, Samuel Clenny, Abram Bradley & Humphry Mires who being elected
tried and sworn the truth to speak upon the issues joined between the parties
aforesaid upon their oath do say that the defendant has not paid the debt
of Two hundred and thirty three dollars & thirty seven and one-half cents
in the declaration mentioned find no set off and assess to plaintiff Eighteen
dollars and twelve & cents damage for detention thereof amounting together
to the sume of $251.50. It is therefore considered by the court the plaintiff
recover of said defendant said sum of $251.50. So by the jury in time aforesaid
found and his costs in this behalf incured and that execution
issue.
Judgment by default against defendant
debt of $846.00 in the plaintiff's declaration together with $210.00 amounting
to the sum of Ten hundred and fifty six dollars.
Arnold J. Hines? George
Newman, Jonathan R. Warner and William W. Backus under the firm of Hines,
Newman & Co. Vs. Walter B. Morris and Robert M. Boyers Debt
Jury finds for the plaintiff, defendant order to pay the debt of $275 and
additional $74.00 for detention.
June 28th 1843
Page 64
Andrew Young Vs. Walter
B. Morris & Robert M. Boyers Debt
Defendant order to pay the debt of $516.77. Additional costs assessed to
defendant of $77.00 damages
Thomas Donnue Vs. Charles
H. Gray & William McCall under the firm of Gray & McCall Debt
Defendants admit that they are indebted to plaintiff in the amount of $381.60.
Court awards an additional $27.97 cents and orderes plaintiff to recover
this amount from said defendants.
June 29, 1843
Page 68
John Thompson Vs. Nathaniel
D. Terry Debt
This day came agane the parties by attornies and the defendant by attorney
prayed an appeal from the Judgment of this court rendered on a previous day
of this term in the nature of a unit of error to the supreme court of errors
and appeals to be held at Nashville on the 1st Monday in December next and
obtained the same after entering into bond in the penal sum of Eleven hundred
and eighty seven dollars with William W. Wetheread and Peter W. Martin his
securities conditioned as the law directs.
