James Steel
vs.
James Perry
1804
Source: TSL&A Microfilm #A5164
Sumner County Probate Records (County or Chancery Court)
Loose Records vol. 12196 - 12412
Loose Record #12360
Transcribed by Jan J. Barnes
© 2005
On or before the Sixteenth day of January next we or Either of us do promise
to pay unto James Steele thi Just and full Sum of Fifty Six Dollars and Twenty
five cents it being for value Rece'd of him --as Witness our hands and Seals
this 29th day of October 1803.
Test
James Perry
Isaac M. Bledsoe
John H. Bush (Seal)
State of Tennessee
Sumner County
Known all men by these presents that we James Steel and Jas. L. Alexander
of the County and State aforesaid are held and firmly bound unto James Pery
the sum of one hundred and Twelve dollars to be paid to the aid James Perry
his certain attorney heirs, Executors, Administrators assigns for which payment
will and truly to be made and we do bind our Selves and each of us our heirs,
executors, administrators, Jointly and Severally firmly by these presents
Sealed with and Sealed and dated this 23 day of July 1804.
The condition of the above obligation is such that we hereas the above
bound James Steel hath the day of the date here of payed an attachment against
the estae of the above named James Perry for the sum of fifty Six dollars
and hath obtained the same returnable to our next court of Pleas & Quarters
Session for said county - now if the said Steel shall prosecute his said
suit with effect or in case he fail therein sa___ will and truely pay and
satisfy to the said James Perry all such costs and damages as shall be awarded
and recovered against the said Steel in suit as to such that may hereafter
be brought for wrongfully suing out this attachment then the above obligation
to be void and of no effect etc.
James
Steel (Seal)
Test Matthew Alexander
James C. Alexander (Seal)
Sumner County
This is to certify that
James Steel personaly apeared before me Matthew Alexander a Justice of the
Peace for the County aforesaid and made oath that the acount is just and
there as it stand stated and that the within named James Perry hath absconed
or so concealed himself that the ordinary process of law cannot be leavied
against him to the best of his knowledge and belief.
Matthew Alexander
JP
July 23, 1804
State of Tennessee ) To the sheriff or any qualified
Sumner Count ) Constable of said
County Greeting
Whereas James Steel hath complained on oath to Matthew Alexander Esqr. one
of the Justices of the County Court of Sumner that James Perry is in debted
to him the said James Steel to the amount of fifty six dollars on oath having
been also made (page torn) the said James Perry hath removed out of your
County or so asconded or conceald himself that the ordinary process of the
law cannot be served on him and the said James Steel having given Bond and
Security acording to the Directions of the Act of General Assembly in such
case made and paid (page torn)
We therefore command you that you attach the Estate of the said
James Perry if to be found in your County or so match these repleveable on
security so shall be of value sufficient to state if the said debt and costs
acording to the complaint and witch Estate so atached in your hands to secure
or provide that the same may be liable to further proceedings therefore to
be had before a Justice of the peace for said County so as to compell the
said James Perry to apear and answer the above complaint of the said James
Steel when and where you shall make known to the said Justice how you shall
have Executed this writ. Given under my hjand and seal the 23 July
1804.
Matthew
Alexander Esq.
Within attachment levied on one chest, one joiners tools & wearing apparrel levied by me Patrick Gibson this 23 of July 1804.
State of Tennessee
Sumner County, Sat Septr. Sessions
James Steel complains of James Perry whose property is attached by virtue
of an original attachment etc. a piese of debt that he render unto him the
just & full sum of fifty six dollars and twenty five cents which to him
he owes & from him unjustly detains? for that whereas the said Plaintiff
says that the said Deft. on the 29th day of October in the year 1803 at the
State of Tennessee & County aforesaid by his certain note in writing
together with one John H. Bush Sealed sealed with the seal of the Perry &
Bush & to the Court now have shown the date whereof is on the same day
& year aforesaid promised that they or either of them on or before the
16th day of January next after the date of the said note would pay unto James
Steel the said sum of fifty six Dollars & twenty five cents it being
for value received & the said Plaintiff in fact says that the said James
Perry did not nor and the said John H. Bush pay to him the said James Steel
within or before or since this said 16th day of January next after the date
of the said note in writing the said sum of fifty six dolars and twenty five
cents which according to the form & atest of the said note they or one
of them ought to have paid Never the less the said Def't altho often required
has not paid to him the said Pltff the said sum of fifty six dollars twenty
five cents or any part thereof but the same to him to pay has & does
refuse to the damage of the said Plaintiff 50 -- Dollars & therefore
he sues etc.
P. W. Humphrey
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