NEELY, Isaac – Court Record (1844)

1035
Isaac G. Neely
Injunction Bill
Thos Hammonds & Wife
& Ezra Hardison

Filed 2nd Dec 1844 

The Bill of complaint of Isaac G. Neely of the County of Williamson in the State of Tennessee against Thomas Hammonds and Jane Hammonds of the County of Marshall in said State and Ezra Hardison of the county of Maury in said State. 

To the Honorable, the Chancellor of the middle division of said State, holding the Chancelor court at Columbia in the county of Maury in said State. 

Humble complaining showeth unto Your Honour Orator the said Isaac G. Neely that the said Jane Hammonds who was formerly Jane Galloway was before her intermarried with the said Thomas Hammonds justly indebted unto Your Orator in the sum of One hundred and fifty dollars for a wagon and two horses sold by him to her that on the 3rd day of November AD 1843 the said Jane Hammonds then Jane Galloway decree an order in favor of Your Orator upon the said Ezra Hardison in these words: Mr. Ezra Hardison: Sir: Please pay to Mr. Isaac G. Neely one hundred and fifty dollars which when paid shall be for that amount in payment of a certain note which I hold on you for two hundred and eighty eight dollars dated the 29th day of September AD 1843, and payable to Jane Galloway and due on or before the 25th day of December 1844 and oblige which order shall be proceeded as the court may direct that the said Jane was then the owner and holding the note described in said order and ____ and the said Thomas Hammonds with a sworn ___ has lately intermarried and now the holders of the same; that the said Ezra Hardison is willing to pay Your Orator the amount of said Order whenever paid note shall fall due but that he is afraid to accept said order in as much as said note might be transferred before it falls due and he might be compelled to pay both it and said orders as the amount of said order has not been __deted upon said notes and that the said Thomas Hammonds and Jane Hammonds on _tter- insolvent the legal effect of said order as Your Orator is advised, is that it ___ as __ assignment of $150.00 of the said note for $288.00 to Your Orator to receive his upon said debt of $150.00 he having received said order from said Jane as __ made of payment of said debt But he fears the said Thomas and Jane will transfer said not before it comes due and thus default his said assignment of $180.00 thereof and should they do so he fears he will lose his said debt interest.  This fear is much ___hend by the fact that they have written within three days past refused upon his application to do anything to enable him to obtain his money from said Hardison or to pay him the same the said sum of $150.00 is justly due Your Orator from said Thomas and Jane Hammonds, and the said note for $288.00 is still in their hands or the hands of one of them In consideration hereof and for as much is Your Orator is without witness in the promises by the ordering process of the common law and can only here adjust relief in this honorable court where __ctless if this ___ an profess cognizable and _nle__able to thereupon that the said  Thomas & Jane Hammonds and said Ezra Hardison may be made defendants to this Bill and comp__ to cause in the same and be the statements therein and that is fully as if the same were expected and they and each of them specially especially interjected thereto that the said Thomas & Jane Hammonds maybe _____ from selling assigning or transferring said note or so much things as the amount of the aforesaid order until the cause be finally heard in this Honorable Court that upon such final hearing Your Orator is by a decree of this court declared___  to have the amounts of said order paid him out of said note, and said Hardison be decreed to pay him that amount to thereof; and that Your Orator may have such other and further and different relief as the premises(?) may require and ajust(?) dictate; May it please Your Honor to grant him the s___ ____ ____ ___ ___ ___ and ____ _____ for said Thomas & Jane Hammonds and the said Ezra Hardison; and ______________.  Compiled by M. Ewen Sols for Complt 

State of Tennessee

Williamson County

This day personally appeared before me Henry Bridges and acting justice of the peace in and for the county an aforesaid Isaac G. Neely the above name complainant and made oath that the matters and things stated in the forgoing Bill as of his own knowledge are true and those stated upon this information of others he believe to be true sworn to & ____ before me this 30th day of November AD 1844 H. Bridges J.P.

(Signed by Isaac G. Neely) 

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STATE OF TENNESSEE

To the Sheriff of Maury County ~ Greetings: 

We command you to Summon Ezra Hardison to appear before the Chancellor of the Court of
Chancery, to be held at the Court-house in the town of Columbia, on the 3rd Monday in March next, then and thee to answer a Bill in Equity, exhibit in said Court by Isaac G. Neely against the said Ezra Hardison and this __ shall in no wise omit under the penalty prescribed by law, and have you then and thee this writ.  Witness, George M. Martin Clerk and Master of our said Court, at office, this 3rd Monday in September 1844 and of American Independence the 64 year.

George M. Martin __

 

The Answer of Ezra Hardison one of the Defendants to the bill of complaint of Isaac G. Neely filed in Chancery Court at Columbia against the defendant & Jane & Thomas Hammond.

The Respondent sa______ H. for answers to the Complainants Bill says its true a charged that he is indebted to the said Jane Hammonds and Thomas Hammonds her husband, for the amount stated in the bill & __ by note of hand payable to the said Jane at the time stated.  It is also true that the said Jane & Thomas have intermarried since the execution of said note.  Respondent ________ that the said Jane & Thomas __ __ said Thomas is indebted to complainant in the amount stated as said Thomas has given an order for that amount on this __ paid ___ in favor of Complainant & stated a new ___. 

It is also true that respondent has not accepted __ sum ___ he ___ __ might have the order to pay on __ acceptance and the note to pay to ___ and to when money be transferred ___ Due.  Respondent is willing to pay the amount to complainant whenever he is ——-field against the note or to __ me also, but he does not think it right or just to make him to pay any cost or lawyers fee other debts which is not due and which he is ready to pay to his note.  He ___ that the complainant should protect him against both Complainant & his lawyer fee growing out of this suit of $25 which he has been compelled to pay his attorney in order that Complainant may get at his rights out of the said Jane & Thomas respondent has no ___ in this question involved in the suit and is only solicitors that in the struggle ___ themselves about their own rights he shall not be made to suffer. 

_______ said Thomas & Jane are _____ & have nothing  __ _______  except the note on himself. 

____ fully answered, he prays to ___ ____ ___ his cost __.

(very hard to read hand writing) 

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STATE OF TENNESSEE

To the Sheriff of Maury County, and to Ezra Hardison his Counselors, Attorneys and Agents, and each and every of them Greeting. 

Whereas Isaac G. Neely has lately filed a Bill of complaint in our Chancery Court, at Columbia, against Thomas Hammond & his wife Jane Hammond & Ezra Hardison to be relieved touching the matter complained of in said Bill.  In which among other things is set forth, that the acting and doings of said Thos. Hammonds & Jane Hammonds in not ___ a note and said Hardison in their hand against said Hardison with the sum of $150 the amount of an ___  ___ on said Hardison& said Jane Hammonds in favor of said Neely & that they _____ transferring said note are contrary ot equity and good conscience.  And whereas, the Honorable ___ H. Cabal to whom the Bill was presented, has ordered that an injunction issue in said cause 

Now, therefore, in consideration of the premises, you the said Ezra Hardison are strictly enjoined and commanded, that you and do absolutely desist and refrain from paying to said Hammond & wife the said sum of one hundred & fifty dollars as mentioned in said Bill, until further order of said Court to the contrary. 

Given under my hand at office this 2nd day of December 1844 

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{Clerk & Masters Columbia}

I. G. Neely

Injunction

Thos. Hammonds & wife

Issued 2nd Dec. 1844 

Come to hand 10th of Dec. 1844 Executed by reading and making known this ___ to Thomas Hammonds & wife Jane Hammonds this 10th day of Dec. 1844

John Laws Sheriff 

KNOW ALL MEN by these presents, that we, Isaac G. Neely, David Campell(?) and William P. Martin all of the County of Maury, and State of Tennessee, are held and firmly bound unt9o Thomas Hammond & Jane Hammond & Ezra Hardison in the penal sum of one(?) hundred dollars, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.  Witness our hands and seals, this 2nd day of December 1844. 

The Condition of the above Obligation is such, that whereas the above bound Isaac G. Neely this day filed in Chancery Court at Columbia his Bill of Injunction, and has obtained from the Hon. ___ H. Cabal(?) a fiat for an Injunction to issue, enjoining the said Thomas Hammond & Jane Hammond from transferring a note on Ezra Hardison & the said Hardison from paying the sum of one hundred & fifty dollars of said note. 

Now if the said Isaac G. Neely shall prosecute his said Bill with effect, or on failure thereof shall abide by, perform and fulfill the decree of said Chancery Court at Columbia, made therein, then this obligation to be void, otherwise to be and remain in full force and virtue.

Isaac G Neely {Seal}

David Campell(?) {Seal} by W.P. Martin

W. P. Martin {Seal}

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