contributed by: Debra Spindle

Transcription from the County Archives of Tennessee Minutes of the Circuit Court of Bradley County, Book B 1838-1841, Part II. Prepared by the Tennessee Historical Record Survey, Works Project Administration, April, 1941.

No corrections made to transcription.

p. 239
(P-274) Bond
Know all men by these presents that we, Shearwood Orsburn and John D. Traynor, are jointly and severlly held and firmly bound unto John Cline, William M. Shaw and others in the penal sum of two hundred and fifty dollars to be void on condition that the said Shearwood Orsburn will with effect prosecute a suit by action of Trespess which he this day commenced against John Cline, and others in the circuit Court of Bradley County or in case of failure of such prosecution pay and satisfy all costs and damages as may be awarded against him by our said Court.
Witness our hands and seals this 3rd day of July 1838.
(Shearwood Orsburn (Seal)
(
(J. D. Traynor (Seal)

Test –

Henry Price.

– Writ –
State of Tennessee ) To the Sheriff of Bradley County, Greeting: You are
) hereby commanded to summons John Cline to be and
Bradley County ) appear before the Judge of our next Circuit Court to beheld for the County of Bradley at the Court house in Cleveland on the 4th Monday in August next to answer Shearwood Orsburn of a plea of Trespes with force and armes to his damage one thousand dollars here in fail not and have you then and there this writ.
Witness, Henry Price, Clerk of our said Court at office in Cleveland the 4th Monday of May, 1838.
Henry Price, Clerk.

p. 240
Witness for the plantiff, John D. Traynor and Levi Trewhitt.
Endorsement No. 33
Summons – Shearwood Orsburn vs. John Cline, William Shaw and others.
Issued 3rd day of July 1838 to August Term, 1838.
Came to the hand the 4th July 1838 and Executed by summoning John Cline this the 5th July 1838.
John Lauderdale, Sheriff
Decleration –
State of Tennessee ) Circuit Court
)
Bradley County ) August Term, 1838

Shearwood Orsburn, by Attorney complains of John L. Cline, who is summoned by the sheriff by the name of John Cline to answer the said plaintiff of a plea of trespass with force and armes.

For that the said defendant upon the 1st day of April 1838, At to wit, in the county aforesaid with force and armes broke and entered the dwelling house of the said plaintiff and seized took and carried away from and out of said dwelling divers household goods and kitchen furniture to wit, Five feather beds and furniture of the value of one hundred dollars one clock of the value of fifty dollars, All proper goods & chattels of the said plantiff and then and there with force and armes broke rent tore and destroyed and wholly ruined the same until it was of no value and other wrongs to the said plaintiff then and there did against the peace and dignity of the state, and to the damage of the said plaintiff two hundred and fifty dollars and also for that the said defendant aforesaid to wit, upon the same day and year last mentioned aforesaid at to wit, in the County with force and armes seized took and carried away from and out of the possession of the said plaintiff divers other house hold goods and kitchen furniture to whit one fether bed and furniture of the value of one hundred dollars one table of the value of two twenty five dollars all the proper goods and chattels of the said plantiff and then and there broke rent and tore destroyed and lessened in value the same and other wrongs to the said plaintiff then and there did against the peace and dignity of the State and to (P-276) the damage of the said plaintiff two hundred fifty dollars, and also for that the said defendant on the — day and year last aforesaid at to wit, in the County aforesaid with force and armes broke and entered a cetain other dwelling house of the said plaintiff situated in the County aforesaid and there and then ejected exspeled put out and removed the said plaintiff and his family from the possession use own — and enjoying of the said dwelling house and kept and continued them ejected expelled put out and removed for a long space of time to wit from them hitherto whare by the said plaintiff for and during that time lost and was deprived of the use and benefit of his said dwelling house to wit in the County aforesaid and other wrongs to the said plaintiff then and there did against the peace and dignity of the State and to the damage of said plaintiff one thousand dollars and therefore he brings his suit and pledges to prosecute.
Trewhitt, Atty. For Plaintiff

Plea –
And the said defendant by his attorney comes into Court and defends the force and injury when an whare and says the plaintiff his action against him ought not to have and maintain because he says he is not guilty in manner and form as plaintiff in declaration hath alledged against him and of this he puts him self on the County and the plaintiff likewise.

Jarnigin & Bradford
Atty’s for defendant.

Levi Trewhitt,
Atty for Plaintiff

August Term, 1838
Sherwood Orsburn )
)
vs ) Came the parties by their attorneys and from reasons
) appearing to the satisfaction of the from the affedavit
John L. Cline ) of Spencer Jarnagin time is given the defendant to plead.

(P-277)
Circuit Court
December Term 1838
p. 242

Sherwood Orsburn )
)
vs ) This day came Levi Trewhitt, Esqr. Attorney for the
) plantiff and suggested the death of the said plaintiff
John L. Cline ) upon the record.

Circuit Court, April Term, 1839
Sherwood Orsburn )
)
vs ) This day came Thomas Orsburn the Executor of the
) plantiff whare death was suggested at the last Term and
John L. Cline ) brought with him into open Court letters testementry to him granted by the County Court of Bradley County and by his Attorney moved the Court to revive this cause in his name as Executor aforesaid which is accordingly done.
April Term, 1839

Thomas Orsburn, Executor )
of Sherwood Orsburn, Dest. )
)
vs ) The parties by there Attorneys appear and
) by consent and with assent of the Court
John L. Cline ) this cause is continued till next term.

December Term, 1839.

Thomas Orsburn, Executor )
of Sherwood Orsburn )
)
vs ) The parties by there attorneys appear and
) by consent and also a Jury of good and
John L. Cline ) lawful men to wit, Henry Richards, John Mee, William Camp, Henderson Thatch, John Fulks, Josiah Johnston, Adam H. Tener, John Goodner, John W. Kennedy, Andres Stephens, Edward Austin, and Isaac Edwards who being elected tried and sworn to well and truly try the Issue joined between the (P-278) parties on there oath say that the defendant is guilty of the tresspes and force in the plaintiffs decleration mentioned in manner and form as the said plaintiff hath declared and assess the plaintiffs damage by reason thereof to Fourhundred and seventy five dollars.
It is therefore considered by the Court that the plaintiff recover of the defendant the sume of Four hundred and Seventy five dollars the damage so as aforesaid affixed by the Jury and the costs about his suit in this behalf Expended and have Execution.

Tuesday 31 December, 1839

Thomas Orsburn, Executor )
of Sherwood Orsburn )
)
vs ) The defendant by his attorney appeared
) and moved the Court for a new Trial to
John L. Cline ) be entered to show why a new Trial should
be granted which rule is granted.

Thursday 2nd, January, 1840
\
Thomas Orsburn, Executor )
of Sherwood Orsburn )
)
vs ) The defendant by their attorneys appear
) and the rule heretofore granted in this
John L. Cline ) cause to the defendant to show cause why a
New trial should be had in this cause being argued by counsel.
It is considered by the Court that said rule be discharged.