Transcribed from microfilm and contributed by: Charles A. Sherrill, 1992
A project of the Bradley County Historical Society

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Year 1851, Petition Number 146_

[Cover sheet reads; “Petition of Benj. A. Daris & others. Ref’d. to Jud. Committee, Nov. 6. Committee discharged Nov. 15.

Renew[?] cases to other counties. Henry & Bradley”]

To the House of Representatives and Senate of the General Assembly on the State of Tennessee in Session 1851.

The petition of Benjamin A. Davis [or Daris?], Lewis Sheppard, Hiram Ellison, Isaac Smith, James L. Huffaker, Henry K. Bennett, James M. Ellis, ELizabeth Campbell, James L. Igou, Lowry I. Delzell, James Langsten, James H. Bell and West A. Coe for themselves with others on their behalf all of whom are citizens Bradley County, Tenn.

Humbly Represents and shows to the General Assembly that they are owners of valuable Freehold Estates in Fee simple Situated between Cleveland and the line of the state of Georgia, in the County of Bradley aforesaid. That the East Tennessee and Georgia Railroad is located upon their lands aforesaid passing through the Center of their farms. The grading of said Road and the use of the same does your petitioners great and Irrepairable Injury. Your petitioners further represents and shows that they have filed their petitions in the Circuit Court of Bradley County in the third Judicial Circuit of the State of Tennessee to have damages assessed according to the provisions of the Charter of said Road passed at the session of 1835&6. But may it please the General Assembly the judge of the third Judicial Circuit who presides and holds said court declares he is a stock holder in said Road or Company and is therefore incompitant to try and determine said causes. Your petitioners he[-?-] their attorney offered to waive upon the record said Judges incompitancy, but said Judge declined to accept of said waiver, and declined to act on the premises, and has as yet failed to procure any other compitant Judge to hold said court, that would act in the premises, but said cause has been continued from Term to Term by the court.

Your petitioners feels themselves aggrieved in the premises and prays the General Assembly for relief. That the General Assembly by some General provisions of law order and direct that said causes be transferred to the County Court or some other competent court of Jurisdiction to act in the premises and appoint a jury to assess what ever damages your petitioners may be entitled too; or that the General Assembly authorize some man of legal and competent ability to be appointed to preside in said Court, and trie and determine said cause, or by some other provisions of law provide that Justice be done your petitioners and an adequate compensation be paid your petitioners for the damages they have sustained occasioned by said Road.

The premises considered and your petitioners as in duty bound will for ever pray — October 1851.