COURT: Porterfield v. Wilmouth, 1808, Nelson co., KY ********************************************************************** USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net Transcribed by: Patricia O`Connor (p-oconnor@att.net) Submitted: 3 May 2003 ********************************************************************** WILMOUTH/WILMOTH PORTERFIELD GRUF CUPPY SPEED HILTON/HYLTON INVERS HELM GRAYSON HILL SLAUGHTER HOUGH WISA SAMUELS DUTAL CARRICO BRIGGS MACFARTIN A copy of this was sent to me, some words I couldn't read, and the last page was copied off center, so one edge didn't copy. This can be sent to Archives and published in Wilderness Trails if you want. =============================================================== Nelson County Circuit Court October Term 1808 Alexander PORTERFIELD pltf Against on petition James WILMOUTH & summons George WILMOUTH dfnt This day came the plaintiff by his attorney and it appearing from Sheriff's return that the Defendants had been duly served with a copy of the plaintiffs petition & summons and they being called that the plaintiff recover against the said Defendants the sum of three hundred and forty six dollars and sixty four cents with interest thereon at six per centum per annum from the 20th day of December 1807 until paid and also his costs in this behalf expenses and the said defendants in _________ Note in the judgement entered above in the Issue of PORTERFIELD against WILMOUTH There are the following credits Cr. by mistake $23.30 Cr by cash 18.00 January 25, 1808 total 41.30 By cash received April 26, 1808 $120.00 Eight months after date we or either of us our heirs or assigns as promise to pay or cause to be paid unto Alexander Porterfield his heis or assigns the just and full sum of three hundred and forty six dollars and sixty four cents it being for value received of him as witness our hands and seals this 20th day of April 1807 (signed) James WILMOUTH (seal) George (X) WILMOTH (seal) Tes. John GRUF A. CUPPY Wm SPEEDclk =========================================================== In deposition of John HILTON being of lawful age and duly sworn taken in the same suit saith that he was at Joseph INVERS in Bullitt County on the 4th day of March 1808 and saw Alexander PORTERFIELD receive one horse of James WILMOTH at $25. Which the said PORTERFIELD was to give the said WILMOTH credit for on a Bond which he has against the said WILMOTH and further deponent saith not. (signed) John HILTON ------------------------------------------------------------------------ The deposition of John B. WILMOTH taken in the same suit this deponant being of lawful age and duly sworn saith that he was present in Elizabeth Town when George HELM Sheriff of Hardin County came to James WILMOTH with an execution in behalf of Alexander PORTERFIELD against said WILMOTH and the said WILMOTH produced a Receipt from the said PORTERFIELD for one horse which he let the said PORTERFIELD have in Bardstown at $80. And the said HELM would not settle with the said WILMOTH as there was no credit given for the horse the said PORTERFIELD received at Joseph INVERS in Bullitt County at $85. And another small amount the said WILMOTH produced against the said PORTERFIELD and the said James WILMOUTH had to replevy? the debt as he had not got his proper credits and further this deponant saith that he was with James WILMOTH in Natches when he lost his pocketbook & all his papers amongst which was the Receipt for the horse which the said PORTERFIELD received in Bardstown and the small amount against the said PORTERFIELD. Further this deponent saith not. (signed) John B. WILMOUTH ------------------------------------------------------------------------ The deposition of (cut off) Taken to be read as evidence in a suit in Chancery now depending in the Nelson Circuit Court which James WILMOTH is Compainant & Alexander PORTERFIELD and Frederick W. S. GRAYSON are Defts. This deponant being duly sworn saith that he was at Joseph IRVINS in Bullitt County on the 4th day of March 1808 when Alexander PORTERFIELD received one horse of James WILMOTH but cannot say at what price and further this deponant saith not. (signed) ??? might be W. JONES ------------------------------------------------------------------------ Deposition of William HILTON taken in the same suit being of lawful age and duly sworn saith that he was at Joseph IRVINS in Bullitt County on the 4th day of March 1808 and saw Alexander PORTERFIELD receive one horse of James WILMOTH but cannot say at what price and further this deponant saith not. (signed) William HILTON ------------------------------------------------------------------------ The deposition of George WILMOTH being of lawful age and duly sworn taken in the same suit saith that he was at Joseph IRVINS in Bullitt County on the 4th day of March 1808 and was present when Alexander PORTERFIELD received one horse of James WILMOTH at $85. Which the said PORTERFIELD was to give the said WILMOTH credit for on a Bond he had against the said WILMOTH and further this deponant saith not (signed) George WILMOTH ----------------------------------------------------------------------- -April 1809 Alexander PORTERFIELD Dr to James WILMOTH for an account that was lost when he lost his pocket book at Natches To three dollars cash $3.00 To one pair shoes at --15/ 2.50 To one pair of boots 9.00 $14.50 (cut off) which the said PORTERFIELD was to give me credit for on a bond he held against me ---was stated in the said PORTERFIELDS letter to me which was lost in my pocketbook ------------------------------------------------------------------------- Alexander PORTERFIELD Take notice that I shall on the 14th day of December 1810 apply to Judge HILL & (cut off) at their respective homes between the hours of 9:00 in the morning & 6 in the evening for an injunction to stay all further proceedings ____ execution upon a ___ bond in the name of said PORTERFIELD against me B. I. Shall attend at Judge SLAUGHTERS first I am yrs _- (signed) James WILMOUTH James WILMOUTH Notice Alex PORTERFIELD Filed Dec. 11, 1810 This day came before me Justice of the Peace for said Co. James WILMOUTH made oath within account in the amount of the one that was last which was spoken of by John B. WILMOUTH Given from under my hand this 30 day of May 1812 (not signed) --------------------------------------------------------------------------- Nelson County To the Honorable the aforesaid? Judge for the circuit of Nelson _______________________________________________- that your orator James WILMOUTH sometime about the 1807 became indebted to a certain Alexander PORTERFIELD in the sum of $340. or thereabouts for which sum your orator gave the said Deft (whom your orator prays may be made deft to tru bill) his note, that afterward the Deft commenced suit against your orator on the said land and obtained judgement on the same with interest & costs, your orator states that ______ last was commissioned on the said note. Your orator had paid the said deft $161 and 30 cents for which sum your orator has credit, but your orator states that before the condition of the said judgement that he paid the said a horse which Deft did receive and various/ to credit your orator bond for $80. ____ ____ paid agreed ___ between the said Deft & your orator which last credit the Deft has failed to give. Your orator also states that about the time the deft obtained the said judgement or shortly after that he paid the said Deft another horse at the price of Eighty dollars and took his receipt for the same having date the 11th October 1808 for which said sum also the Deft has failed to credit your orator which said receipt is made a part of this bill. Your orator also state that since the said judgement was obtained he paid the said Deft $3. in cash, a pair of shoes at 15/ and a pair of boots at $9. Which your orator was also to have a credit for upon the said judgement, but which the said Deft has failed to give. Your orator states that as the Deft promised to give him his just credits for the money and horse which was paid before the judgement was obtained that _______ on the deft._______ do not think it was necessary to make any depen__ ____ claim was originally a just one, your orator also states Deft is a young man without a family and is roving about that he is now harrassed with an execution in the name of the said Deft when if your orator has his just credits for the sums he has paid different times both before and after the ______________-- of the said judgement that he would not be owing the Deft one cent. Your orator therefore prays that your Honor will grant him an injunction to stay, all further proceedings at him or the said execution, until the matter _- herein charged can be heard in court? And when heard may it please your honor to decree that the injunction be made perpetual and grant with other & further ____ to equity good conscience belong to your ___ will ever pray for ____________________. ------------------------------------------------------------------------------------------ (Below this, in very faint writing) ______ 1810___________________________________________________________- _____________________________________________________________ The clerk of the Nelson County Court _______________-WILMOUTH to the _____ within bill upon and the said Wilm___- giving bond in your office with Th(omas?) WILMOUTH his security ___ ------------------------------------------------------------------------------------------ The answer of Alexander PORTERFIELD to appear in Chancery exhibited against him in the in the Nelson County Court by James WILMOTH.This Deft saving __ for answer __ says he admits the debt note and judgement in the bill mentioned. He admits the payment of 161.30 cents therein mentioned including a horse at eighty dollars and for which the complt has _______.He admits Complt gave? Him a horse for eighty dolls for which he gave complt a receipt on the day of delivery towit the date of said receipt and for which he believes complt has received no credit. He denies complt has paid him any other horse at any price or that deft has ever received any horse on account of said claim for which complt has not received except the horse for which the receipt __ was given __. He admits since the rendition of sd judgement complt has paid him 3$ in cash a pair of shoes at 15/, but he denies complt has paid him any boots. A pair of boots was made by complt for deft but so small this deft could not fit them on, on which account the deft would not take them.The s? demand has been refle___ and the refle__ bond assigned for a valuable consideration to ___ D. W. GRAYSON. The refle___ bond and agreement thereon are make __- ____ Deft denies _____ __ ______ for and prays to be hence dismissed with his costs (signed) Alex PORTERFIELD F. W. S. GRAYSON ans for Deft Bullitt County Alexander PORTERFIELD this day personally before me made oath that the contents of the above answer are true March 7, 1811 Joseph HOUGH ------------------------------------------------------------------------------------- Alexander PORTERFIELD and Frederick W. S. GRAYSON Take note that on the 30th day of this month at the home of William SAMUELS in Nelson County I shall proceed to take the depositions of Richard WISA William HYLTON there to be read as evidence in a suit in Chancery now depending in the Nelson Circuit Court wherein James WILMOTH is complt & you are deft. May 26, 1812 Yours William DUTAL Atty for complt Disa____ John HILTON John WILMOTH James CARRICO ------------------------------------------------------------------------------------- Attn Alexander PORTERFIELD Take notice that I shall on the 14th day of December 1810 apply to Judge HILL F. SLAUGHTER at their respective homes between the hours of nine in the morning and 6 in the evening for an injunction & stay all farther proceedings on an execution upon a repley? Bond in the name of the said PORTERFIELD against me. I SHALL ATTEND AT Judge SLAUGHTERS first. (signed) James WILMOUTH (on the back is written "26th day of May 1812 A copy of the written deficit not delivered to him. PORTERFIELD not found. (signed) Ben BRIGGS ------------------------------------------------------------------------------------- Deposition of Alexander HILTON to be read in same suit this deponant being of lawful age being duly sworn saith that he was at Joseph IRVINS in Bullitt County on the 4th day of March 1808 and saw Alexander PORTERFIELD receive one horse of James Wilmoth at $85. Which the said PORTERFIELD was to give the said WILMOTH credit and further this deponent saith not (signed) Alexander HILTON ------------------------------------------------------------------------------------ Deposition of James CARRICO taken in the same suit this deponant being of lawful age and duly sworn saith that about the last of February or first of March 1811 some conversation took place between himself and Alexander PORTERFIELD at his house? Relative to bartering some papers the said PORTERFIELD said he was about to leave this country ____ letting him have some papers on James ________. Moses MACFARTIN of Marietta he offerd ____ on George WILMOTH. I told him I thought there (was) a dispute in it and had rather not trade for ___ asked him what he had done with the debt on James WILMOTH and I think he told me it was _______ and further this deponant saith not (signed) James CARRICO (This above was zeroxed so the one edge of the paper didn't copy) -------------------------------------------------------------------------------- Depositions of these pages taken at William SAMUELS in Nelson County given from under my hand this 30th day of May 1812 ____ken for Complaint (signed) William SAMUELS ===============================================================