Jeremiah Doxey vs. John McCann, 1810 -- Lawsuit
Contributed to the Sumner Co., TNGenWeb page
by Robert McCann at mccannra@hotmail.com
© 2007
Source: Transcribed from a microfilm copy from the Sumner County Archives
LAWSUIT #6487
John McCann Lawsuit - 1810
THIRD CIRCUIT }
} STATE of TENNESSEE
SUMNER COUNTY }
John Deu lessor of Jeremiah Doxey Senior by his attorney complains of Richard Few in custody
for this; whereas Jeremiah Doxey Senior on the first day of August in the year 1810 at the
County of Sumner aforesaid demands and the farm let to the said John Deu our messauge and
fourteen acres of land situate in the county & state aforesaid and on the waters of the west fork of
Station Camp Creek; Beginning at a stake Mathew Andersons most extreme northwest corner.
Thence south with his west boundary line till it strikes Ephraim Payton's north boundary line and
said Andersons southwest corner. Thence east with Payton's line to a black Ash said Doxeys
corner. Thence north with the line that divides said Doxey and John McCann, to a blackberry
Nicholas Boyce's corner. Thence west with said line to the beginning. with the appurtenances to
have and to hold to the said John Deu and his assigns for the term of ten years from thence next
ensuing and full to be complete and ended. By virtue of which demise the said John Deu entered
into the said Messauge and tract of land was therefore possesses, and being so possessed the said
Richard Few afterwards; to wit on the tenth day August in the said year 1810 with force and arms
entered in the said messauge and tract of land in and upon the possession of the said John his
term not yet being ended and ejected, drove out and amoved said John and the said Richard then
and there were other wrongs & enormities to the said John did, whereby the said John Deu says
he is injured and is endamaged five hundred dollars and thereupon he brings suit & thereon
pledges to prosecute, etc.
KC
MR. JOHN McCANN - A Citizen of Sumner County
I am informed that you are in possession of a claim title to the premises in this declaration of
ejectment mentioned or to some part thereof, and I bring suit in this action as casual ejector and
having no claims or title to the same do advise you to appear at the next Circuit Court of the State
of Tennessee to holden for the County of Sumner at the Courthouse in Gallatin on the second
Monday in October next and then and there by said rule of that court to cause yourself to be made
defendant in my stead, otherwise I shall suffer judgment to be entered against me and you will be
turn out of possession.
Your Friend
Richard Few
Sept 18th 1810
DOXEY }
VS. } PLEA of the DEFENDANT
McCANN}
IN THE CIRCUIT COURT FOR THE COUNTY OF SUMNER OCTOBER TERM 1810 - John
Deu on the claims of J. Doxey vs. Richard Few
It is ordered in this cause by the Court and by the oppose of both parties and their attorneys, that
John McCann may be made defendant - in the place of the now defendant Richard Few and shall
immediately appear together with plaintiff's action and shall receive a declaration in a plea of
trespass ejection of the tenements in question, and shall immediately plead thereto NOT
GUILTY and upon this trust shall confess tenancy of said lands and messauge by title only. Said
offense the head of the therefore named James McCann do not confess tenancy or rents and by
reason thereof the plaintiff can not prosecute his writ, whereas said claim of the defendant be
now mute shall cease and the said McCann shall pay back costs to the plaintiff only the cash he
owes shall be taxed and adjudicated for which default is owed to said of this suit: and being more
shall be taxed against the said Richard Few named the casual ejector by default. And it is further
ordered that if upon the hereafter the said above verdict shall be given for the defendant, or if the
plaintiff shall adjudicate his writ upon any other cause, therefore was or is constituting claims
only named order as found therein the leaser of the plaintiff nullify costs of the plaintiff hereof
doth herein trust.
And thereupon the said John McCann by his attorney, John Haygood command defend the said
from injury whereon and where it shall behoove him and saith that he is no wise guilty of the
trespass and ejectment aforesaid as they and John Deu above who complain against him and
thereof he puts himself upon the County
J. Haygood for the J. McCann
J. DOXEY }
VS. } PLOT OF THE DISPUTED LAND (note) there was a surveyors plot of this
land.
JOHN McCANN}
Beginning at a red oak stump, supposed to be Charles Carter's original Southeast corner.
Thence with his line one hundred and eighty-five poles and six-tenths to a dogwood in said
Carter's line corner to John McCann's claim containing in all along said line one hundred and
ninety-five poles to a stake in said line where Jeremiah Doxey claims to, that being the distance
Anderson grant calls for on that line. The marks appear to be old. Then north Eighty-nine degrees
east twelve poles and seven-tenths to an ash corner to said McCann in said Payton's line
containing same course along said line, in all one hundred and seven poles and three-tenths to an
Elm old corner to John Peyton. Thence north one degree left along said John Peytons line
sixty-nine poles to his corner, a black walnut.
The right hand or easterly dotted line from the dogwood to the ash is the line claimed to by
John McCann. The next or middle dotted line is a south line runs from the end of one hundred
and ninety-five poles west from Carter's southeast corner, along his line which is the distance
called for on that line on Anderson's grant. to a stake in Ephraim Payton's north boundary line.
The left hand or westerly dotted line is from the same point in Carter's line to a point in said
Payton's line one hundred and twelve poles west of John Peyton's elm corner in said line. That
being the distance called for in that line in Anderson's Grant. All which is truly represented by
the above plot, - March the 10th 1811
Surveyed by William Montgomery
pole bearers ~ Henry Vincent / James Douglass
JERRY DOXEY }
VS, } Depo of M. Anderson
JOHN McCANN }
TO THE CLERK OF THE CIRCUIT COURT OF SUMNER COUNTY
Agreeable to a commission to Us, James Cryer and Edward Douglass - directed from the Circuit
Court of Sumner County have proceeded to take the deposition of Matthew Anderson, who after
being duly sworn, deposith & saith that is to say that the place where William Montgomery Esq.
began to run out or resurvey the preemption of this deponant was to the best of his knowledge
within four feet of where the former corner original corner stood or there about. And further the
deponent saith not.
Sworn to and Subscribed }
his
before us at the house of}
Mathew (X) Anderson
James Cryers on Saturday}
mark
the 25 May 1811
James Cryer
Edward Douglass
Jeremiah Doxey Senior, Lessee
Vs.
John McCann
filed 1st February 1812
came to hand the 3rd February 1812
Executor of Court
STATE OF TENNESSEE
To the Sheriff of Jackson County } GREETINGS
We command you to summon Charles Carter & Uriah Anderson personally to be and
appear before the Judge of our third Circuit on the next Circuit Court to be holden for the County
of Sumner at the Courthouse in Gallatin on the second Monday in April next, then & there to
testify and the truth to speak in behalf of Jeremiah Doxey Senior in a certain matter of
controversy in said Sumner Circuit Court depending wherein Jeremiah Doxey is plaintiff and
John McCann is defendant: Herein let them fail not under the penalty of one hundred &
twenty-five Dollars each.
Witness Bennett H. Henderson clerk of our said Court at office the Second Monday in April -
October A.D. 1811 XXXVI years of American Independence
B.H. Henderson Clk.
FINAL JUDGEMENT IN THE CASE OF JEREMIAH DOXEY Vs. JOHN McCANN
John McCann do not confess trespass only but also wrongful ejection of John Deu, and the said
McCann shall repay back costs to the plaintiff, Jeremiah Doxey, by reason he was in default in
the ejection against John Deu. And aforesaid plaintiff, Jeremiah Doxey, shall be in default
against said Richard Few because he became ejector by default. And it is ordered that the
aforesaid verdict shall be binding upon any other cause. The defendant, the aforesaid Richard
Few confessing lease only on the land do request that as the lessee of the plaintiff share costs of
the plaintiff in the cause brought against him. And therefore the said John McCann by his
attorney, John Haygood command and confirm that he is in return guilty of the trespass and
assault on the aforesaid John Dew.
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