Source: Sumner County Lawsuits, #10248
Contributed by Ruth Held at ruth_h_28070@yahoo.com
©2003
Pleas at the Court house in Gallatin, before the Court of pleas & quarter sessions held for the
County of Sumner on the second Monday in June in the 31st year of American independence
Anno Domini 1807 --
Elmore Harris , Assignee Plaintiff
v. (Debt)
John Josey Defendant
State of Tennessee
Sumner County
To the Sheriff of said County. Greeting
You are hereby commanded to take the body of John Josey if to be found in your County and him
safely keep so that you have him before the Justices of the County Court of pleas and quarter
sessions to be held for said county at the court house in Gallatin on the second Monday in March
next, then and there to answer Elmore Harris assignee of James Cryer in a plea of debt of one
hundred and nine dollars. To his damage fifty dollars. Herein fail not and have you then and
there this writ & how you have executed the same.
Witness David Shelby Clerk of said court at office the third Monday of December A.D. 1806 and
XXXI year of American Independence.
Issd 7th Feby 1807 --
David Shelby C.S.C.
Executed 12th Feb 1807
Archd Marlin SSC
State of Tennessee
Sumner County
March Sessions 1807
Elmore Harris Assignee of James Cryer by his attorney complains of John Josey in custody []
plea that he render to him the sum of one hundred and nine dollars which to him he owes and
from him unjustly detains. For that whereas the said defendant on the final day of July in the year
of our lord one thousand eight hundred and five at the County of Sumner by certain writing
obligatory sealed with his seal and [] civil now have shewn bearing date the day and year above
mentioned promised to pay the aforesaid James Cryer on his order the said sum of one hundred
and nine dollars eighteen months after the date of the said writing obligatory. And the said James
Cryer afterwards and before the payment of the said one hundred and nine dollars in the said
writing obligatory mentioned or any part thereof, to wit, on the twenty second day of October in
the year of our lord one thousand eight hundred and six at the county of Sumner by his certain
endorsement with his proper hand thereto subscribed on the said writing obligatory [a..?]
The same and directed the contents thereof to be paid unto the aforesaid Elmore Harris for value
receivd of which said endorsement he the said defendant afterwards to wit, on the same day and
year last above mentioned at Sumner aforesaid had notice by reason of which premises and by
force of the Statute in such cases made and provided the said John Josey became liable to pay the
aforesaid sum of one hundred and nine dollars in the said writing obligatory mentioned according
to the [] thereof to the said plaintiff. Nevertheless the said John Josey altho often thereto
requested did not pay the said sum of one hundred and nine dollars in the said writing obligatory
specified unto the said Elmore Harris eighteen months after the date thereof nor hath he paid the
same to the said Elmore at any time since but to do the same hath refused and still doth refuse to
the plaintiffs damage of fifty dollars and therefore he brings suit.
John Doe
& Richard Roe
Judges
B.H. Henderson
Attorney for Plaintiff
And to which at the term last above mentioned the defendant by Redmond D. Barry his attorney pleaded as follows (to wit) "[ ] sell off", and therein the plaintiff & defendant joined [ ] - and none at this term to wit the [ ] above mentioned came the parties by their attornies & there from a Jury of good & lawful men to wit, Joshua Hadley, Hardy Hunt, Joseph Motherall, William Knotts, Hela Herring, Thomas Bloodworth, Ruffin Deloach, Murrell Cunningham, Peter Looney, Seth Mabry, Thomas Williford & David Stafford, who being elected was sworn the truth to speak upon the issues joined [ ] oath do say that the defendant has not paid the [ ] of one hundred & nine dollars in the declarations [ ] owed that he is entitled to no sell off, and so[ ] plaintiffs damages by occasion of the detention of said debt to three dollars. It is therefore considered by the court that the plaintiff recover against the defendant the debt & damages aforesaid amounting to one hundred & twelve dollars, and his costs about his suit on [ ] behalf expended, from which judgement the defendant by his attorney prays an appeal to the next superior court to be held for the district of Miro, and obtains the same after filing reasons for said appeal and entering into bond with Henry Vinson & James McKinsey his securities in the penalty of Five Hundred dollars conditioned for the faithful prosecution of the same with effect [] as the law directs.
Costs (to wit);
Prosecution bond & security [ ]............ $2.2[ ]
Trial & record & transcript of the record......2.60
Shff arrest 7 bail [ ]impaneling jury.............1.37[ ]
Atto Henderson....................................2.50
$8.50
State of Tennessee Seal
(seal)
I David Shelby Clerk of the court of pleas & quarter sessions for the County of Sumner, hereby
certify that the foregoing is a true transcript of the record & proceedings of the suit Elmore Harris
Assignee vs. John Josey with a true bill of costs subjoined.
In testimony whereof I have hereto subscribed my name and affixed the county seal this 20th day
of June Anno Domini 1807 this the 31st year of American Independence
David Shelby
(on spine of papers)
Elmore Harris Assigned appd
v. Transcript Record
John Josey Appett
This transcript demanded on the [ ]d day of October 1807 and the same together with the appeal
bond & the reasons for the appeal, on the same day delivered to Redmond D. Barry attorney for
the defendant
David Shelby, CSC
Oct 24th 1807 Filed Filed Oct 26th 1807
State of Tennessee
Sumner County
Show all men by these presents that we John Josey , Henry Vinson & James McKinsey are held &
firmly bound unto Elmore Harris in the sum of Five Hundred Dollars to be paid to the said Elmore
Harris his executor, administrator or assigns - To the which payment well & truly to be made &
done, we bind ourselves our heirs, executors & administrators jointly & severally, firmly by these
presents. Sealed with our seals [ ] this 11th June 1807.
The condition of the above obligation is such that whereas in a suit brought by Elmore Harris
Assignee against John Josey in the County Court of pleas & quarter sessions for the County of
Sumner aforesaid, on the third Monday in June 1807 -----Judgement was recovered by the
Plaintiff for one Hundred twelve dollars & costs and whereas the said John Josey prayed &
obtained an appeal from the said judgment to the next Superior Court to be held for the district of
Miro - Now in case this said Josey doth __________
will strictly prosecute his [blank] said appeal with affect, or in case he fail, or be [ ] therein, shall
well & truly pay all costs & damages & charges as shall be awarded against him by the said
Superior Court, and also fulfil the judgment sentence & [d?] of the said Superior Court then this
above obligation to be void, otherwise to remain in full force [ ].
Adknowd in Open Court
David Shelby CSC
John Josey (seal)
Henry Vinson (seal)
Jas McKinsey (seal)
State of Tennessee
To the Sheriff of Sumner County. Greeting.
Whereas at a court held for the county of Sumner at June sessions 1807 before the Justices of the
said court by the Judgement of that court Elmore Harris assignee of James Cryer recovered
against John Josey one hundred and nine dollars for debt also eleven dollars and fifty cents, which
to the said Elmore Harris in the same court were adjudged for his damages as well by reason of
detaining the said Debt as for his costs in that suit expended, and whereas the said John Josey
prayed & obtained an appeal from the judgement of that court to our Superior Court of Law for
the District of Miro, which appeals was filed in the clerks office of the said Superior Court on the
24th day of October 1808, and whereas also since the Judgement & appeal aforesaid the said John
Josey departed this life as we are informed by the said Elmore Harris, and that administration of
all and singular the goods & chattels rights & credits of the said John Josey hath been in due form
committed to Edward Douglass the said John Josey having died intestate. We therefore command
you to make known to the said Edward Douglass administrator of the said John Josey dec. that he
be before the Judges of our superior court of law at the next court to be holden for the District of
Mero, at the court house in Nashville on the second Monday in November next, to shew if any
thing he hath for himself or can say why the said Elmore Harris assee. Judgement & execution of
the debt & damages aforesaid together with the costs of the appeal, of the goods & chattels of the
said John Josey decd in the hands of the said Edward Douglass to be administered ought not to
have if to him it seems e xpedient and further to do and receive what our said superior court shall
in the this part consider - And have [] there this writ. Witness Randal McGavock Clerk of Court
of our said court at office the second Monday in May in the year 1808 and of the independence of
the United States, the thirty second.
R. McGavock
State of Tennessee
To the Sheriff of Sumner County. Greeting.
Whereas in a court held for the County of Sumner at June sessions 1807 before the Justices of said court by the judgment of that court Elmore Harris assignee of James Cryer recovered against John Josey one hundred and nine dollars for debt also Eleven dollars and fifty cents which to the said Elmore Harris in the same court were adjudged for his damages as well by reason of the detaining the said debt as for his costs in that suit expended, and whereas the said John Josey prayed and obtained an appeal from the judgment of that court to our Superior Court of law for the District of Mero, which appeal was filed in the Clerks office of the said Superior Court on the 24th day of October 1807 - and whereas also since the judgment and appeal aforesaid the said John Josey departed this life as we are informed by the said Elmore Harris, and that administration of all and singular the goods & chattels rights & credits of the said John Josey hath been in due form committed to Edward Douglass the said John Josey having died intestate. We therefore command you as heretofore to make known to the said Edward Douglass administrator of the said John Josey decd that he be before the Judges of our Superior Court of Law at the next court to be holden in the District of Miro, at the court house in Nashville on the second Monday in May next, to shew if any thing he hath for himself or can say why the said Elmore Harris assignee judgment and [condition?] of the bill of the debt & damages aforesaid together with the costs of the appeal of the goods & chattels of the said John Josey decd in the hands of the said Edward Douglass to be administered ought not to have if to him it seems expedient, and further do and receive what our said court shall in this part consider and have then there this writ. Witness Randal McGavock Clerk of our said court at office the second Monday in November in the year 1808 and of the independence of the United States the thirty third.
R. McGavock
Elmore Harris
v. Transcript
John Josey
Appeal filed Oct 24th 1807
November term 1807. continued
May term 1808
Death of defendant suggested & order for [sc..?] to ensue against
Edward Douglass the administrator
November Term 1808 order for alias [sci..?] to [ ] & continued
May Term 1809
The defendant in this cause being dead it is orderd that the suit be
Revived in the name of Edward Douglass administrator of the said
John Josey decd
November Term 1809 Continued
Bill of Costs
Clerks, fees, appeal 160, order 2[] sci fa v. adm?
Non 24 als sci fa 80, order reviving suit in the name of the adm 24,5 continuations 200, transcript
& seal 140, transferring papers 50 -----$ 7.82
Tax...................................................... 1----
[]W. H. Douglass Executing sci fa............60
County Court costs...................................8.50
$17.92
State of Tennessee
I Randal McGavock late Clerk of the Superior Court of Law for the District of Miro, do hereby
certify that the foregoing is a true transcript of the proceeding had in said court in the suit Edward
Douglass admn of Elmore Harris against Edward Douglass admn of John Josey, together with a
bill of the [] which have [] thereon.
In testimony whereof I have herein to set my hand and affix my private seal (there being no seal of
office) this 12th day of April 1810.
R. M. McGavock