Sumner County, TN Lawsuit #6469
From the Loose Records of Sumner Co, TN

Cavitt, Richard vs. Cavitt, Moses et al, 1816
(Cavitt, Piper, Roney)

Submitted by Rita Bryant at barefoot@bayou.com

To the Honorable The Judge of the Circuit Court
For the county of Sumner ___ ___ ___
The bill of complaint of Richard Cavitt, complaint against Moses Cavitt
and James Roney defendents--humbly ___ with that sometime in the year 1812
your orator being an old man, and in a helpless condition, and not being able
to see to, and take care of his home property in the manner that he could have
wished and being desirous to place it in such a situation that it would
produce to your orator a living for the few days of his existence which seem
to remain, to him without, any personal labor and attention of his own, and there being on one
who seems so likely to afford your orator security in the arrangement---which he intended
to make with regard to his said property as one of his own sons---therefore it
was, may it please your Honor that on the date of ___ in the year 1812, your
orator, and a certain Moses Cavitt, the son of your orator entered into an
agreement which was executed to your orator by the said Moses under his hand
and seal, and this original or a copy of which your orator will be able to produce to your
Honor on the hearing of this cause, by which it was stipulated that the said
Moses for and during the natural life of your orator would provide him with
everything comfortable and necessary for life, in such a manner, and such
kind, as was suitable to the ___ and for men ___, and property of your orator
___but to be more particular, your orator was to be provided by the said Moses
with comfortable boarding, lodging, a comfortable room---good clothes suitable to the season,
and washing, and in short everything which was necessary, and comfortable for one of your
orator's age, and habits--- in consideration of which your orator conveyed to the said
Moses Cavitt, all the property of evey kind to which he had right---but more especially your
orator conveyed to the said Moses on the seventh day of September in the year 1812 by deed
bearing that date the tract of land containing twoo hundred acres granted to your orator by the
state of North Carolina lying and being in the county of Sumner on the middle fork of the Red
River---beginning on the north side of the creek, at a double sugar tree running south 45 degrees
west, eighty poles to a white oak, thence east 162 poles to a black  oak, thence northeast along
Samuel Piper's fence to the creek---thence down the meander of the creek to a red oak, and ash
on the north side of the creek---thence north 98 poles to ___ ___ gums---thence west 75 poles to
a white oak on Avran(?) Saundler's line---then go south to the beginning---and your orator ___
charges that said agreement on the part of said Moses Cavitt above stated was the only
consideration which induced your orator to make said conveyances and was the only
consideration which ___ from the said Moses to your orator--but so it is may it please Your
Honor the said Moses no sooner was vested with the title to the said tract of land, and to the
other property of your orator, that he wholly failed, and refused to comply with this said
agreement and would not furnish your orator with any of the bare necessities
of life, but turned your orator out to shift for himself in the world without
money and without the power to procure sustinence by his own labor.  Not only
did the said Moses demean himself in that manner, but the said Moses sold and conveyed the said
tract of land, and removed to the state of Kentucky---out of jurisdiction of this honorable
court--but your orator ___ charges that the said Moses conveyed the said tract
of land to a certain James Roney of the county of Sumner---by deed bearing
date on the 16th day of September in the year 1814.  A copy of which deed your
orator is ready to produce to your Honor as you may direct---but your orator
charges that the said James Roney had full notice before the said sale or
conveyance of himself of the consideration which was to have been given for said tract of land,
and had notice also before said sale, and ___ wants to himself that said consideration
had failed, and that there was an entire failure in the performance on the part of said Moses
Cavitt--and further your orator charges that said Moses made some kind of agreement with said
James Roney, of what kind specifically your orator does not know, for the maintenance and
support by the said James Roney of your orator as part of the consideration which he the said
James was to give for the said tract of land to the said Moses Cavitt---which ___ it was entirely
different from the kind of maintinence and support to be furnished by the said Moses
according to his agreement with your orator---by that agreement with your orator was not to be
transported from one man to another with the land that was conveyed as an encumbrance which
all were willing to get rid of but was to ___ ___ the family of his said son, was to be treated in
that manner which his relationship and the property he had conveyed would entitle him to---yet
the said James Roney refused after the said tract of land was conveyed to comply with his
agreement with the said Moses, and would not furnish any kind of living for your orator---so that
your orator is now in his days of decreptitute and outcast from the world---without
home--without money, and without the capacity of labor to procure the necessities of life----In
tender consideration whereof and in as much as your orator is ___ in the ___ by the strict rules of
the common law, and can only be relieved in your honorable court where matters of fraud, trust
___ are properly relievable and cognizable your orator prays Your Honor to consider the
premises and decree of your honorable court cancel the said agreement and revert the title to the
said tract of land to your orator--and grant  to your orator ___ other and for the relief as the
nature of his care may require---May it please Your Honor to grant ___ of subpeonae to sue
against said defendents to compel them to answer upon their corporal oath all the allegations in
this, your orator's bill of complaint---and your orator is duty bound will even pray.

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