Tattnall County GaArchives Court.....Holland, Frederick Et Al October 1849 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Paul Christensen pchriste@tampabay.rr.com September 24, 2009, 7:37 am Source: Relative Of Parties Written: October 1849 [Comment: This is the record of one man suing another over estate property.] Served the defendant personally with a copy of the ____ writ this 21st day of September 1849 James Coward Shff [Comment: There was a James Coward, farmer, in the 1850 census for Tattnall county.] ------------------------ No _______ Tatnall Sup Count Oct __ 1849 Frederick Holland administrator vs Hanson Lewis case ----------------------- We the jury find for the Defendant so say we all Joseph J Bell foreman [Comment: There was a Joseph J. Bell, farmer, in the 1850 census for Tattnall county.] ------------------------- George Tattnall County To the sheriff of said county greeting Frederick Holland administrator vs Hanson Lewis [Comment: Hanson Lewis was the son of George Lewis and brother of Matilda, ergo brother-in-law of Frederick Holland. Frederick Holland was married to Matilda Lewis, daughter of George Lewis. This appears to be a family squabble.] for certain causes offered the defendant Hanson Lewis is hereby commanded that laying aside all other Business …. personally be and appear before the superior count of said county of Tattnall to be held on the Thursday after the Second monday in october next to answer to such complaint as may be there and there urged against you and further to do and …. what the said court may order and Direct in this behalf + this you are in no wise to omit under the Penalty of five thousand dollars Witness the Honorable William W. Holt Judge of said court this 21st day September 1849 William W. Rogers clk [Comment: I can’t find a William Holt in Georgia who is a judge. There is one listed as a planter. But I did find a William W. Holt in the 1860 census for Richmond county listed as a judge of the superior court. These appear to be the same person – based on age and birth place. In the 1850 census there is a William W. Rogers in Tattnall. He is listed as a farmer. However, there is a William E. Rogers in Richmond county and he is listed as a clerk.] ---------------- And for further answer in this behalf the defendant by his attorney says that Plaintiff ought not further to have or maintain his aforesaid action hereof against him; because he says that he was appointed on the sixth day of September 1847 administrator on the goods chattels, lands + investments rights + credits of Cynthia Lewis deceased by the court of ordinary of said county and that the property …. for in the Plaintiffs declaration is the property of, (belongs to the estate of said Cynthia Lewis deceased, and that as such administrator he took into his possession the property said for and in …. administered the same according to Law. And he …. brings into court his letters of administration and prays that they may be taken as fact of this his plea to answer and submits to the court whether the plaintiff should further to have or maintain his aforesaid action hereof against him and him puts himself upon the County. G.L. Wm Schley, Defts Atty [Comment: In the 1850 census there is a George Schley, lawyer, in Richmond county.] ---------------------- Now at this time comes the Defendant and defends the wrong and injury … and for plea says that he is not guilty, in manner and form as set forth and charged in plaintiffs ….. declination and of this he puts himself upon the County G.L. ___ Schley Defts Atty -------------- And for further plea in this behalf saith that more than four years have elapsed since the cause of action in the above stated case hath …. to the and of this he…. the order …. of this Honorable Court G. L. Schley Defts Atty ---------------- [Comment: The county was variously spelled Tatnall and Tattnall in court records.] Georgia Tatnall county To the Superior Court of said county the petition of Frederick Holland administrator of all and singular the goods chattels rights credits and estate of George Lewis late of said county deceased, who brings his letters of administration shows that Hanson Lewis of said county has damaged him one thousand dollars. For that the said George Lewis did in time, or thereabouts in the year Eighteen Hundred and Forty Five possessed of various personal property to wit: Fifty head cattle, worth Three hundred and fifty dollars, marked upper + under lip or pail handle in one ear crop and half crop in the other, thirty head hogs some worth one hundred dollars, a mare worth one hundred dollars whose present increase is a sorrie filly worth Fifty dollars, bed bed-stead and bed clothes worth twenty five dollars and various kitchen and household furniture worth fifty dollars, that since the said George’s death the said property has come into defendants possession, of the yearly value of Fifty dollars, and that such time in the year Eighteen hundred and forty seven in the month of December and about the Twenty fifth day thereof, after having consumed a great portion of said property, sold the balance of the same well knowing that the said property belonged to the estate of said George Lewis and although often requested to deliver the same to your petitioner as administrator as aforesaid, he has hitherto refused, but intending to injure him in this behalf converted the property to his use, and has enjoyed all profits therefrom, and the money arising from the sale thereof. Wherefore your petitioner has sustained great damage and brings this suit. And your petitioner further says that on the first day of January Eighteen Hundred and Forty seven to wit in said county as administrator as aforesaid he was possessed of certain other property as above named and also valued as above named and that on the day and year last named he casually lost the same out of his possession and that the said property there and there came into the possession of the said defendant by finding and although he knows said property to belong to your petitioner he refuses to deliver the same to him although often requested so to do, and afterward to wit on the day and year last named __ the same to his own use wherefore your petitioner has sustained great damage and brings this action. And your petitioner further avers, that being there and there properties of said property as aforesaid the same was last out of his possession as aforesaid and on the day and year last named came into the possession of one Cynthia Lewis who there and there knowing the said property to be your petitioners refused to deliver up the same but there and there converted the same to her own use, and the said Hanson Lewis has since the death of said Cynthia become her legal administrator and therefore liable to your petitioner for the damages he has sustained. [Comment: I have no idea who Cynthia Lewis is – unless she was the second wife of George Lewis as I show Nancy as George’s first wife.] Wherefore your petitioner prays process may issue requiring said Hanson Lewis to appear at the next Superior Count to be held in and for said county there + there to answer your petitioner in an action in the case Field Saffold Atty for Ptlf [Comment: There is no person named Safford living in Tattnall county in 1850.] Additional Comments: The document is very hard to read so there are gaps in the transcription. File at: http://files.usgwarchives.net/ga/tattnall/court/holland800wl.txt This file has been created by a form at http://www.poppet.org/gafiles/ File size: 8.2 Kb