Washington-St. Francois County MO Archives Court.....Blackwell, Jeremiah July 1855 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/mo/mofiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Sharon Hobart slhobart@sbcglobal.net January 9, 2006, 10:29 pm Source: Probate Court File #157 Washington Co., Mo Written: July 1855 Recorded: various Item #1 - List of Assets 3/1/1851 1 Item #2 – G. A. Boltz vs. Jeremiah Blackwell Transcript 3 Item #3 – Widow Relinquishes Administrator 13 Item #4 – Heirs Stated 6/20/1855 13 Item #5 – List of Property Sold 8/31/1855 14 Item #6 – Another Inventory document at sale 6/23/1855 16 Item #7 – Bond 6/30/1855 17 Item #8 – Record – Harvey Blackwell 17 Item #9 – Administrator Accounting 1st 18 Item #10 – Administrator Accounting 2nd 18 Item #11 – Listing 1/1/1856 18 Item #12 – Settlement March 1858 19 Item #12 – Receipt Jno L. Detchemendy 2/12/1879 20 Item #13 – Receipt James Pullin 5/7/1858 20 Item #14 – Receipt Geo Hale 4/3/1857 20 Item #15 – Receipt Elisabeth Blackwell 9/12/1859 20 Item #16 – Receipt Various 21 Item #1 - List of Assets two Scythes & Craddles 2.00 One Mowing Scythe .50 One hand saw .50 three Augers .60 one cross cut saw 3.00 one pare of Chisels 1.00 one cutting knife .50 one iron wedge .50 three Beef hides 4.00 one waffed & Grid Iron 1.50 one Kettle .50 two pots & one oven 1.25 one draw knife .20 pare steelyards 1.50 two pr. Sheep Shears .10 one Carpenters Square .25 one Mans Saddle 6.00 one Rifle Gun & pouch 6.00 one Shot Gun 4.00 one Cupboard 10.00 five Cain bottom Chairs 2.50 Six Common Chairs 1.50 folding leaf Table 5.00 one Beauro 10.00 one Press 8.00 one looking glass 1.50 one Clock 4.00 one stone hammer 2.00 one lot Skin making tools .30 ½ bl measure & scieve? .60 one saddle bags 1.50 one lot books 3.50 one Table 1.50 one Cooking Stove Compleat 30.00 one Axe .50 one Clothes Chest .75 $470.95 Amt. of Gold in the hand of the Adm. $1555.00 “ “ Silver “ “ “ 2.00 1557.00 Note of hand due John C. Scott dated March 1st, 1851 being for $18.75 18.75 $2046.70 Given under our hands & seals The day & year aforesaid Thos. McMurphy {seal} Archie Cheatham {seal} Sworn & subscribe Alexander Politte {seal} bed to before Sher Turly a Justice of the peace 1 Lot in Herculanium No No 205 1 Grind Stone – 1 Jack Screw Cash loaned to Geo B. Hale $10.00 “ John Perkins 10.00 State of Missouri Washington County } SS Harvey Blackwell adm of Jeremiah Blackwell, dec’d, being duly sworn by me Clerk County Court appears and says that its foregoing contains a true inventory and description of all the money, good, chattels, and states real and personal, books, papers and evidence of debt and of title estate and all debts due and becoming due as far as he can ascertain them except the property received as the absolute property of the widow and that he was not indebted or bound in any contract to the dec’d at the time of his death except as stated in this inventory Harvey Blackwell Sworn to before me this 10th day of July 1855} Sam Harrison Clk __________________ Notes from Sharon: 1. Per Betty Warden, Steelyards were rather important in everyday peasant life in the 19th - early 20th centuries. Lever type steelyards including a hook, a rod and a counterweight were most popular. Their design is rather simple. On one of the ends of the rod a weight is fixed, on the other end - the hook for hanging goods. The bar itself is divided with marks to form a scale: the points marked closer to the hook showed parts of pound (409 g), e.g. a quarter (100 g) or eighth of pound (50 g). Farther in the direction of the weight (counterweight) full pounds are marked from 1 to 40, i.e. up to one pood (1 pood = 40 pounds). 2. George Hale is the husband of Jeremiah’s granddaughter Mary Jane Strickland. Harvey Blackwell is Jeremiah’s son. Item #2 – G. A. Boltz vs. Jeremiah Blackwell Transcript State of Missouri Washington County} Be it remembered that on the 17th day of September 1853 there was filed in the Office of the clerk of the circuit Court of the county aforesaid a petition which is in the words and figures following. To wit: George A. Boltz, Plaintiff } In the circuit court against } Washington County Jeremiah Blackwell } State of Missouri Defendant } Plaintiff states that before and at the time of making of the Defendant’s promise herein after mentioned, the Defendant had in his possession a certain negress named Racheal aged about thirty eight years; her daughter Lucinda a negress aged about twenty years and her two children namely Sarah, a mulattness aged about three years and Isaac a mulatto aged about five months, and was apparently the owner thereof and thereupon on the twenty eighth day of October in the year one Thousand eight hundred and forty five, at the city of New Orleans in the State of Louisiana, in consideration that the Plaintiff, at the request of the Defendant, would buy of him the said Defendant, the Said negress Racheal; her daughter, the Said negress Lucinda, and her two children, the Said mulattness Sarah and the Said mulatto Isaac, at and for a certain sum of Money. To Wit: Eight hundred dollars, the defendant then and there promised the plaintiff that the said Racheal, Lucinda, Sarah, and Isaac were Slaves for life, the property of him the Said Defendant, and that he the Said Defendant there and then had lawful rights and title to sell and dispose of the Said Racheal, Lucinda, Sarah and Isaac. And the Plaintiff aners [answers] that he did then and there buy of the Said Defendant the Said negress Racheal, her daughter the Said negress Lucinda, and her two children, the Said Sarah and Isaac at and for the Said Sum of eight hundred dollars and did then and there pay him, the Said Defendant, the Said Sum for the Said Racheal, Lucinda, Sarah and Isaac. And the Plaintiff further aners [answers] that the Said acts of Sale was then and there to wit: on the twenty eighth day of October in the year on thousand eight hundred and forty five, at the city of New Orleans, in the State of Louisiana, made before on Joseph Beoyaken Marks, a Notary Public in and for the city and Parish of New Orleans in the State of Louisiana, and in the Office of Said Notary Public, in the presence of Joseph R. Beard and Alexander L. Trouard? two witnesses of lawful age, then domicilated in Said city, and that said act of Sale was by the Said Notary Public, then and there reduced to writing and registered in a Book of Register kept by Said Notary Public in his Office for Such purposes and Signed by Plaintiff and Defendant, by the Said Notary Public officially and by the Said Joseph R. Beard and Alexander L. Trouard?, as witnesses; an authenticated copy of which said original “act of sale” taken from said Book or Register is herewith filed. But the Defendant disregarded his Said undertaking and promise in this, to wit: that the said Racheal, Lucinda, Sarah, and Isaac, were not at the time of the Said promise and Sale, slaves for life, the property of Defendant, but on the contrary they are free persons entitled to their liberty and in this to wit: that he the said Defendant, at the time of the Said promise and Sale, had not lawful rights or title to sell or dispose of the said Racheal, Lucinda, Sarah, and Isaac, as aforesaid. And the Plaintiff further aners [answers,] that he confiding in the Defendants said promise and undertaking, did afterwards, and before he discovered that the Said Racheal, Lucinda, Sarah, and Isaac were free persons entitled to their liberty, To wit: on the 30th November 1846, at the city of New Orleans State of Louisiana sell the said negress Racheal to one James Nicholson of said city of New Orleans for a large sum to wit: four hundred dollars; and then and there warranted and promised the said James Nicholson that the Said Racheal was a slave for life, and the said Lucinda and Sarah to one Charles H. Taney, to wit: on the 15th November 1845, at the city of New Orleans State of Louisiana, for a large sum, to wit: Eight hundred and fifty dollars; and then and there warranted and promised the said Charles. H. Taney that the said Lucinda and Sarah were slaves for life. Plaintiff states that by reason of the promises, the Said Racheal, Lucinda, and Sarah, having lawful rights and title to their freedom and liberty, afterwards To wit: on the eleventh day of February in the year eighteen hundred and fifty, at the city of New Orleans, in the State of Louisiana, sued for the same in the Third District Court of New Orleans in the state of Louisiana, and the Said Lucinda having died pendente lite, the said Racheal and Sarah afterwards, on the 13th June 1851, had judgment for and recovered their freedom and liberty together with costs of suit against the said James Nicholson and Charles H. Taney renders and warrantees of Plaintiff as aforesaid, who having called Plaintiff on warranty then and there respectively had judgments over against Plaintiff, to wit: the Said James Nicholson for the sum of four hundred dollars with fine per courts interests from the 13th February 1850 until paid and costs. And the Said Charles H. Taney for the sum of three hundred dollars with costs; and the Plaintiff by reason of the premises afterwards, to wit: On the 21st February 1853, at the city of New Orleans, State of Louisiana, was compelled to pay to the Said James Nicholson, a large sum to wit: The sum of four hundred dollars for his damages to him sustained on occasion of the Said breach of warranty by Plaintiff in respect to the sale of Said Racheal to said James Nicholson and for which he the Said James Nicholson, had judgment against Plaintiff as aforesaid, and also another large sum, to wit: Sixty dollars and forty four cents, being five percent interest on the Said sum of four hundred dollars from the 13th February 1850 till time of payment 21st February 1853, and also another sum, to wit: Eight dollars and sixty cents for the costs of the said James Nicholson by him sustained on defending Said action brought by Said Racheal, Lucinda and Sarah for their freedom and liberty, and in receiving judgment over against Plaintiff who was called in warranty as aforesaid and to the said Charles H. Taney also a large sum, to wit: On the 21st February 1853, at the Said city of New Orleans State of Louisiana, three hundred dollars for his damages by him sustained on occasion of the Said breach of warranty by Plaintiff in respect to the sale of Said Lucinda and Sarah to said Charles H. Taney and for which he had judgment against Plaintiff as aforesaid: and also another large sum, to wit: four hundred and fourteen dollars, for the costs of the Said Charles H. Taney by him sustained in defending said action brought by Said Racheal, Lucinda and Sarah for their freedom and liberty, and in recovering judgment over against Plaintiff who was called in warranty as aforesaid. And Plaintiff aners [answers] that the said Racheal and Sarah were, by reason of the premises, wholly lost to him and to his said vendees? and warranties, the said James Nicholson and Charles H. Taney, who were forced and obliged to deliver them up and set them at liberty, and accordingly deprived of the benefits and profits they would otherwise have derived and acquired from their services and labor to wit: at the city of New Orleans in the State of Louisiana on the 13th June 1851. Plaintiff further aners [answers] that by reason of the premises he has incurred other expenses and been compelled to pay other sums of money, to wit: the sum of eighty- seven dollars and fifty cents which he paid to William T. Bedlock clerk of the Third District Court of New Orleans in the State of Louisiana, on the 12th January 1852 for a transcript of appeal in the case of said Racheal, Lucinda, and Sarah brought for their freedom and liberty against the Said James H. Nicholson and Charles H. Taney who called Plaintiff in warranty as aforesaid. And Plaintiff states that he has also incurred other expenses, to wit: To the amount of one hundred and forty dollars, in defending and Settling said action; and that by reason of the premises he was and is otherwise injured. Plaintiff asks judgment against Defendant for fifteen hundred dollars and fifty four cents with interest thereon from the 21st of February 1853 and costs of suits. Firmin A. Rozier, atty for Plaintiff Firmin A. Rozier attorney for George A. Boltz, Plaintiff, makes oath and says that he believes the above and foregoing petition, and the matters therein as stated, are true. Firmin A. Rozier Sworn and subscribed before me John N. Littlejohn clerk of the circuit court in and for the County of St. Genevieve State of Missouri this 14th day of September 1853. J. N. Littlejohn, clk ct crts St. Genevieve Cty, State of Missouri Jeremiah Blackwell 1853 To George A. Boltz Feby 21st Paid James Nicholson damages $400.00 “ “ “ interest 60.04 “ “ “ costs 8.60 $469.04 Paid C. H. Taney damages 300.00 “ “ “ costs 414.00 Paid Wm. T. Bedlock clerk 87.50 $801.50 Paid other expenses $140.00 $140.00 $1500.54 Washington County Sct. The State of Missouri to the Sheriff of Said County. Greeting we command you that you summon Jeremiah Blackwell that he be and appear before the judge of our circuit court at a court to be held at the Court house in the Town of Potosi in and for the Said County on the last Monday of October next then and there to answer the complaints of George A. Boltz and have you there this writ. Witness William A. Matthews clerk of our Said Court at Office in the Town of Potosi this 19th day of September 1853. Wm. A. Matthews, clerk Send the within on Jeremiah Blackwell on the 6th day of October 1853 by delivering him a certified copy of the within petition, affidavits & summons and by residing the same in his presence and hearing. All done in Washington County. S. A. Reyburn Sheriff And afterwards on the 17th day of December 1853 the Plaintiff & by leave of the court, filed his amended petition which is as follows. To wit: George A. Boltz Plaintiff } In the Circuit Court against } Washington County Jeremiah Blackwell } State of Missouri Defendant } Amended Petition filed by leave of the Court. Plaintiff states that before and at the time of the making of the Defendants promise and guarantee herein after mentioned, the Defendant had in his possession a certain negress named Racheal aged about thirty eight years and her daughter Lucinda a negress aged about twenty years and two children of Said Lucinda namely Sarah a mulattness aged about three years and Isaac a mulatto aged about 5 months, and was apparently the owner thereof, and thereupon, on the twenty eighth day of October in the year Eighteen hundred and forty five at the city of New Orleans and Parish of Orleans in the state of Louisiana in consideration that the Plaintiff at the request of the Defendant would buy of him the said Defendant the Said Racheal, Lucinda, Sarah and Isaac at and for a certain sum of money, to wit: Eight hundred dollars. The Defendant there and then promised and warranted the Plaintiff that the said Racheal, Lucinda, Sarah and Isaac were salves for life, the property of him the Said Defendant and that he the Said Defendant had then and there lawful right and title to sell and dispose of the said Racheal, Lucinda, Sarah and Isaac, and fully guaranteed Plaintiff “against all troubles, debts, mortgages, claims, evictions, donations, alienations and other incumbrances whatsoever, In respect to Said Racheal, Lucinda, Sarah and Isaac and warranted to Plaintiff the title to said Racheal, Lucinda, Sarah and Isaac against the lawful claims of all persons whomsoever, And the Plaintiff avens? [answers] that he did then and there buy of the Said Defendant the Said Racheal, Lucinda, Sarah, and Isaac at and for Said Sum of eight hundred dollars and did then and there pay him the Said Defendant the Said sum for the Said Racheal, Lucinda, Sarah and Isaac. And the Plaintiff further avens? [answers] that the Said Defendant did there and then in consideration of said purchase and of the payment to him by the Plaintiff of Said Sum of Eight hundred dollars, by his authenticate act executed before one Joseph Bauzakin? Marks a Notary Public in and for Said Parish and City in presence of Joseph R. Beard and Alexander L. Trouand two free male witnesses of lawful age there and then domicitated and by the Said Notary there and then registered in an Office Book required by the Laws of the Said state of Louisiana to be by the said Notary Public kept in his public office, and by him reports in his said Office for such purposes, and then and there by the Plaintiff and the Defendant and by Said Notary Public and the said mitresses? signed in presence of each other grant, bargain, sell, convey, transfer, assign and set over, with a full guarantee against all troubles, debts, mortgages, claims, evictions, donations, alienations or other incumbrances whichsoever unto the Plaintiff, the Said Racheal, Lucinda, Sarah, and Isaac and warrant the Plaintiff the title to said Racheal, Lucinda, Sarah and Isaac against the lawful claims of all persons whomsoever. And the Plaintiff files herewith an authenticated copy of the Record of Said authentic act. But the defendant disregarded his said undertaking, promise, and warranted in that, to wit: That the Said Racheal, Lucinda, Sarah and Isaac were not at the time of Said promise, sale, and warrantee slaves for life, the property of Defendant but on the contrary they were free persons, entitled to their liberty: and in this to wit: That he the defendant at the time of the Said promise, sale, and warrantee, had not lawful rights or title to sell or dispose of the Said Racheal, Lucinda, Sarah, and Isaac as aforesaid. And the plaintiff further aners? [answers] that he confiding in the Defendants said promise, undertaking and warrantee, did afterward, and before he discovered that the Said Racheal, Lucinda, Sarah, and Isaac were free persons entitled to their liberty, to wit: On the thirtieth day of November in the year eighteen hundred and forty six – at the city of New Orleans sell the said Negress, Racheal, to one James Nicholson of said city of New Orleans for a large sum, to wit: four hundred dollars and then and there warranted and promised the said James Nicholson that the Said Racheal was a slave for life, and the Said Lucinda and Sarah to one Charles H. Taney, to wit: on the fifteenth day of November in the year Eighteen hundred and forty five at the city of New Orleans and State of Louisianan for a large sum to wit: Eight hundred and fifty dollars and then and there warranted, and promised the said Charles H. Taney, that Said Lucinda and Sarah were salves for life. Plaintiff states that by reason of the promises, the Said Racheal, Lucinda, and Sarah having lawful rights and title to their freedom and liberty, afterward, to wit: on the eleventh day of February in the year Eighteen hundred and fifty at the city of New Orleans in the State of Louisiana, sued for the same of which deft was informed and notified in the Third District Court of New Orleans in the State of Louisiana, and the Said Lucinda, having died pendente lite, the Said Racheal and Sarah afterwards, on the thirteenth day of June in the year eighteen hundred and fifty one had judgments for and recovered their freedom and liberty, together with costs of suit against the Said James Nicholson and Charles H. Taney, renders and warrantees of Plaintiff as aforesaid, who having called Plaintiff in warrantee then and there respectively had judgment against Plaintiff, to wit: The Said James Nicholson for the Sum of four hundred dollars with five per cent interest from the 13th day of February Eighteen hundred and fifty until paid and costs, and the said Charles H. Taney for the sum of three hundred dollars with costs, and the Plaintiff by reason of the premises, afterwards, to wit: on the twenty first day of February in the year Eighteen hundred and fifty three at the city of New Orleans State of Louisianan was compelled to pay to the Said James Nicholson a large sum , to wit: The Sum of four hundred dollars for his damages by him sustained on account of the said breach of warrantee by Plaintiff in respect to the sale of said Racheal to Said James Nicholson and for which he the Said James Nicholson had judgment against Plaintiff as aforesaid, and also another large sum, to wit: Sixty dollars and forty four cents being vie percent interest on the said sum of four hundred dollars from February Thirteenth 1850, till time of payment February twenty first 1853, and also another sum to wit: Eight dollars and sixty cents for the costs of the Said James Nicholson by him sustained in defending Said action brought by Said Racheal, Lucinda, and Sarah for their freedom and liberty and on recovering judgment over against Plaintiff who was called in warrantee as aforesaid. And to the Said Charles H. Taney, also a large sum to wit: on the twenty first day of February 1853 at the Said City of New Orleans, State of Louisiana, three hundred dollars for his damages by him sustained on account of the Said breach of warranty by plaintiff in respect to the Sale of Lucinda and Sarah to said Charles H. Taney and for which he had judgment against Plaintiff as aforesaid, and also another large sum to wit: four hundred and fourteen dollars for the costs of the said Charles H. Taney by him sustained in defending said action brought by said Racheal and Lucinda and Sarah for their freedom and liberty, and in recovering judgment over against Plaintiff who was called in warrantee as aforesaid. And Plaintiff avers [answers] that the Said Racheal and Sarah were by reason of the premises wholly lost to him and to his said renders and warrantee, the Said James Nicholson and Charles H. Taney who were forced and obliged to deliver them up and set them at liberty and accordingly deprived of the benefits and profits he and they would otherwise have desired and acquired from their services and labor, to wit: at the city of New Orleans in the State of Louisiana on the thirteenth day of June in the year Eighteen hundred and fifty one Plaintiff further avers [answers] that by reason of the premises he has incurred other expenses and been compelled to pay other sums of money, to wit: The sum of eighty seven dollars and fifty cents, which he paid to William T. Bedlock clerk for the 3rd District Court of New Orleans in the State of Louisiana on the Eleventh day of January 1852 for a transcript of appeal in the case of said Racheal, Lucinda, and Sarah, brought for their freedom and liberty against the Said James Nicholson and Charles H. Taney who called Plaintiff in warrantee as aforesaid. And Plaintiff states that he has also incurred other expenses to wit: to the amount of one hundred and forty dollars, in defending and settling said action and that by reason of the premises he was and is otherwise injured. All of which Said direct? sums of money he the Said Defendant according to the laws of said State of Louisiana and by reason of his Said undertaking, agreements, and warrantee became legally bound and liable to pay Plaintiff. Plaintiff asks judgment against Defendant for fifteen hundred dollars and fifty four cents with interest thereon from the twenty first day of February 1853 and costs. F. A. Rozier & Robbins & St. James attys for plff Fermin A. Rozier atty for George A. Boltz Plaintiff makes oath and says that he believes the above and foregoing petition and the matters therein as stated are true. Fermin A. Rozier Sworn to and subscribed before me this 12th day of December 1853— B. C. Amimoneaux Justice of the Peace Jeremiah Blackwell To George A. Boltz 1853 Paid James Nicholson damages $200.00 Feby 21th “ “ interest 60.44 “ “ costs 8.60 $469.04 Paid C. H. Taney damages $300.00 “ “ “ costs 414.00 Paid W. T. Bedlock clerk 87.50 $800.50 Paid other expenses 140.04 $1410.54 And on the 31st day of December 1853, the Defendant filed his demaiver? which is as follows to wit: Geo A. Bolt } In the Circuit Court of Agt } Washington County Oct Jeremiah Blackwell } Term /53 Defendant comes by his attorney to Plaintiff Petition in this cause for the following reasons: 1st Because said petition discloses no legal cause of action in this that said petition does not show that this suit is to recover of Defendant the amount of money rec’d of Plaintiff for the slaves in question Int or damages. 2nd Because there is no specifications as to what items of cash make up the sum of four hundred & fourteen dollars as charged in plff [plaintiff] petition, nor is there any items for Bill of particulars showing how the one hundred & forty dollars charged as other expenses originated. 3rd Because Said petition is in other respects vague, uncertain and indefinite. D. E. Perryman allow for debt and afterwards at the June Term 1854, being the 15th day of Said month, the following order appears of record in said cause to wit: George A. Boltz vs. Jerry Blackwell Now at this day comes the parties by their attorneys and the courts now here refuses to entertain the demunen? of the Said Defendant. And at the December Term of said Court 1853, the Defendant files his answer in said cause which is as follows to wit: George A. Boltz } In the Circuit Court of agt Washington County Jeremiah Blackwell } October Term 53 Defendant says for answer in this cause that true it is that he sold Plaintiff the negroes mentioned in Plaintiffs petition and sold them in good faith believing them to be slaves for life, that he sold the said slaves Racheal, Lucinda, Sarah, and Isaac together for the sum of Eight hundred dollars as follows. The Said Lucinda for the estimated sum of five hundred dollars and the Said Racheal for the sum of Three hundred dollars the Said Plaintiff allowing nothing for the two small children. But if Plaintiff has any rights of action against deft [defendant] still he is not entitled, to recover according to the demand set forth in his petition for deft [defendant] does not owe him the sum of four hundred dollars damages & sixth 4/100 dollars ? & eight dollars & sixty cents costs paid James Nicholson as stated in said petition. Nor the sum of three hundred dollars and the further sum four hundred and fourteen dollars. Now does he owe the eight seven dollars & fifth cents paid Bedlock clerk nor the sum of one hundred & forty dollars charges as other expense. The last item in Plaintiff’s Petition and Defend move the court to strike from Plaintiff Petition the 5th item of 515 $ cash and the costs item in said petition of one hundred and forty dollars expenses or preclude the Plaintiff from giving evidence thereof. Because said items or charges are not stated in a manner to inform the Defendant the nature or character of such demand there is no specification as to what constitutes there respective amount and this deft say for further answer in this cause, not waiving his defs rights of demeanor?. That Plaintiffs petition discloses no cause of action against this defendt in this that said petition does not show or change that Said suits is for the recovery of the consideration money paid by Plaintiff to Defendant for said salves, but upon the contrary, shows that this suit is for the recovery of the high prices for which Plaintiff sold them together with costs and damages. While this Defendant ought not nor can not be held liable on his warrantee for a greater sum that he received for said salves had they all been ? to and obtained their freedom which would be the sum of eight hundred dollars. But this Defendant avers [answers] that this was not the case and that Lucinda and Isaac never obtained their freedom and that the said Lucinda was the only one of the slaves of any considerable value and that five eighths of the consideration money was paid for that is five hundred dollars for her and three hundred $ for the old woman Racheal and the children. Therefore if plaints be entitled to recover of Defendant in this action he is only entitled to recover the amount he has really lost by his purchase from Defendant that is the sum of $500 dollars the price paid for Racheal with interest in case if shall appear that her services has not been worth the interest. And Defendant further states that Plaintiff is not according to the laws of Louisiana or any other law entitled to recover of this Defendant as stated and claimed in said Plaintiffs petition. David E. Perryman allow for deft D. E. Perryman attor for Deft makes oath and says the foregoing answer & matters therein sealed he believes to be true. D. E. Perryman Sworn to before me Dec 31st 1853 N. A. Matthews Clk And on the 14th of June 1854, the Plaintiff filed a motion to strike out Defendants answer which is as follows to wit: George A. Boltz } In the Circuit Court agt } Washington County June Jeremiah Blackwell } Term 1854. And now comes Plaintiff and moves the court to strike out from the answer of Defendant filed herein. 1st The following words in Said answer “And the Said deft says that Plaint has already obtained a judgment against him for the same cause in the State of Louisiana and is not entitled to two recoveries for the same cause of action” because the ? & allegations therein contained are not set forth or pleaded as required by law. 2nd The following “But if Plaintiff has any rights of action against Deft still he is not entitled to recover according to the demands set forth in his petition because the allegations therein contained irrelevants, hypothetical & not state as required by Law. 3rd The following “For Deft does not owe him the sum of four hundred dollars damages & sixth 44/00 dollars Interest & eight dollars & sixth cents cash paid James Nicholson as stated in said petition, nor the sum of Three hundred & fourteen Dollars and the further sum of four hundred & fourteen dol. cash nor does he owe the Eighty Seven Dollars & fifth cents paid Bedlock clerk nor the sum of one hundred & forty dollars charges as other expenses because the ? therein contained are to the manner & form & not as required b Law. 4th The following. Beginning at the tenth line of Second page, but upon the contrary shows ? and ending with the last line of Said answer, because the same is irrelevant, redundant, argumentative, and hypothetical & not stated as requited by Law. Rozier & H. James atty for Plff And on the 15th day of June 1854, the Defendant filed his amended answer which is as follows to wit: George A. Bolt vs. Jeremiah Blackwell In the Washington Circuit Court Def Amended Answer Defendant says that it is true he sold the slaves mentioned in plaintiff’s petition and guaranteed the title to the same honestly believing that they were slaves for life that he did recover from Plaintiff the sum of eight hundred dollars for the four slaves mentioned in Plaintiffs petition at or about the time mentioned in Plaintiff Petition and he is informed and believed that two of said slaves, to wit: Racheal & Sarah sued for and obtained their freedom in the State of Louisiana. But as is all that portion of Plaintiff’s petition which relates to the subsequent sale of said slaves by Plaintiff to the persons therein named and for the prices stated in Said petition, this Defendant states that he has no sufficient information upon which to form a belief nor has this Defendant any sufficient knowledge in regard to the several sums being set forth in Plaintiff Petition as damages & was? upon which to form a belief to wit: The sum of 400 dollars paid James Nicholson & the sum 60.44 Insts & 85.00 costs and the amts paid C. H. Taney of 300 dollars & 414 collard and the sum of 87.50 paid Bedlock clerk nor, but this Defendant expressly denies, that he is liable to pay or that Plaintiff is entitled to recover of this Defendant the respective amounts set forth in plaintiffs petition, according to the law of Louisiana or any other law. D. E. Perryman attor for defts. Jer Blackwell being sworn makes oath and says foregoing answer he believes to be true. Sworn to before } Jeremiah Blackwell me June 16th 1854 } W. A. Matthews Clk And on the same day the Plaintiff filed a motion to strike out the Defendants amended answer which is as follows to wit: G. A. Boltz, plff vs J Blackwell Deft In Cir Court of Washington County And now comes Plaintiff and move the Court to strike out from Defendants amended answer filed herein the following: 1st Nor has this Defendant any sufficient knowledge in regard to the several sums set forth in Plaintiffs Petition as damages and cash upon which to form a belief to wit: The sum of 400 dollars paid James Nicholson & the sum of 60.44 Int & 8.60 cash and the amt paid C. H. Taney of 300 dollars & cash 414 dollars and the sum of 87.50 paid Bedlock clerk nor the charge of 140 dollars paid for other expenses because the same is indefinite uncertain and not stated as required by law. 2nd The last paragraph or sentence in Said answer beginning “But this Defendant etal because the same does not specifically controvert or deny any allegation in Plff’s Petitions and as new matter not stated as required by law. Rozier, Robbins & St. James for plff And the Plaintiff filed the following paper as evidence in said cause to wit: State of Louisiana } Be it known that this City of New Orleans} day, before me, Joseph Benzaker Marks, a Notary Public, in and for the city and Parish of New Orleans, state of Louisiana, aforesaid, duly commissioned and sworn, personally came and appeared Mr. Jeremiah Blackwell, of Washington County, Missouri, who declared, that for the consideration of Eight hundred dollars to him paid in ready money, the receipts whereof is hereby acknowledge and acquittance granted. Therefore he does by these presents grant, bargain, sell, convey, transfer, assigns and set over with a full guarantee against all troubles, debts, mortgages, claims, evictions, donations, alienations, or other incumbrances whatsoever unto Mr. George Ann? Boltz of this city, here present accepting and purchases for himself, his heirs and assigns and acknowledging delivery and possession thereof, the following described slaves for life to wit: Racheal a negress aged about thirty eight years, her daughter Lucinda a negress aged about Twenty years and her two children, namely Sarah a mulattness aged about three years and Isaac a mulatto aged about five months. They are fully guaranteed against the vices and maladies prescribed by Law. The Slave Racheal was acquired by the present vendor from Jane Creswell by act under private signature bearing date the 27th of October 1823 hereto annexed for reference. And the other Slave born since Said purchase and by reference to the annexed certificate, of the Recorder of Mortgages for this city and Parish dated this day, it appears that the Slaves herein conveyed and full from incumbrance in the name of the present vendor. To have and to hold the said Slaves until the Said purchaser, his heirs, and assigns to their proper care and behoof forever. And the Said vendor for himself and his heirs, the Said Slaves to the said purchaser, his heirs and assigns shall and will warrant and forever defend against the lawful claims of all person whomsoever by these presents. And the Said Vendor does moreover subrogate? the Said Purchaser to all the right and actions of warranty, which he has or may have, against his own vendor or against the vendor of his vendor, fully authorizing the said purchaser to exercise the Said rights and actions in the same manner as he himself might or could have done. This done and passed, in my Office in the City of New Orleans aforesaid in the present of Joseph R. Beard and Alexander L. Trouard? Mistresses of lawful age, and domiciled in the city, who hereunto sign their names together with the said parties, and me, the said Notary, on this twenty eighth day of October in the year one thousand eight hundred and forty five. J. R. Beard A. L. Trouard? Original Signed, Geo A. Boltz Jeremiah Blackwell Jos B. Marks, Not Pub I hereby certify the foregoing to be a true copy of the original acts expands? in the Register of the late Joseph B. Marks, then a Notary in this City and my predecessor in Office. In Testimony thereof, I, grant these presents under my hand and seal of Office at the city of New Orleans aforesaid, this 24th day of October 1853. William L. Pool Notary Public United States of America State of Louisiana By Paul O. Hubert Governor of the State of Louisiana. There and to certify that William L. Pool whose name is subscribed to the instruments of writing herein annexed is and was at the time of subscribing his name to Said instruments, Notary Public in and for the city & parish of Orleans State aforesaid and the lawful successor of Jos B. Marks, late a Notary Public for said Parish & City, and that his attestation to the same is made in due form of law & by the proper officer, given at Baton Rouge, under my hand, and the seal of the State, this thirty first day of October one thousand eight hundred and fifty three and of the Independence of the United Stated, the Seventy eighth. By the Governor, P. O. Hubert Andrew W. Hernon? Secretary of State The following endorsement appearing upon the original acts, to wit: I, register of conveyances, certify that the present act has been this day Recorded in my Office in Book No. 37 P 532. New Orleans 15th November 1845. Signed, T. Miley Records Sent Dy R. And afterwards to wit: at the October term of Said court, being the first day of November 1854, the following proceedings were had in said cause George A. Boltz } Death of Plaintiff Suggested against } Ana Fernim A. Rozier Admin Jeremiah Blackwell } M. A. Todd Shff $1.00 J. B. Marks Not Pub 2.00 Transcripts from Louisiana 90.00 110.20 This transcript 8.90 119.10 A true Bill of Costs Test H. A. Matthews Clk Recd Eight dollars & 90 cents and furs? for transcripts - H. Blackwell W. A. Matthews March 12, 1857 _________________ [note from Sharon in regard to G. A. Boltz’s attorney found in the History of Madison County Missouri by Henry Clay Thompson, II: Captain Firmin A. Rozier in August 1846 organized a company of men consisting on one hundred and fifteen men from Ste. Gevevieve and Perry counties in which some Madision countians enlistde.  This company called themselves the "South Missouri Guards."  They remained at Ft. Leavenworth until the following spring when they became another company of the Third Missouri Mounted Volunteers and saw much the same service as the rest of the Regiment. Item #3 – Widow Relinquishes Administrator To the Honorable County Court of Washington County or To the Clerk thereof ? Be it rembered that I Elizabeth Blackwell widow of the late Jeremiah Blackwell of Washington County do by these presents relinquish all rights of administration upon the estate of my late husband in favor of my son Harvey Blackwell, and wish him to administrate the same given under my hand and seal 16th day of June. Elizabeth Blackwell widow Attest: D. E. Perryman ________________ [note from Sharon: David. E. Perryman is the husband of Mariah F. Blackwell who is the daughter of Jeremiah’s brother Robert.] Item #4 – Heirs Stated 6/20/1855 State of Missouri } Washington County } SS Harvey Blackwell being duly sworn by me clerk of the County Court in and for the County aforesaid deposes and says that to the best of his knowledge and belief the names of the heirs of Jeremiah Blackwell, dec’d, are William Blackwell, Harvey Blackwell, Robert Blackwell, Lavina Blackwell, Elizabeth Blackwell, Margaret Blackwell, & Ellen Blackwell in Washington County, MO. Also three grandchildren Elizabeth Ann Strickland, Jeremiah Strickland, and Sarah Strickland residing in Washington County, and Loretta who intermarried with James Pullen and Jane Hale formerly Jane Strickland a grandchild residing in Jefferson County, MO – that the said Jeremiah Blackwell died without a will and that he will make a perfect Inventory of and faithfully administer all the estate of the Dec’d, pay ? debt as far as the assets intend and the law direct and account for and pay all assets which shall come to his possession or knowledge. Harvey Blackwell [looks like an original signature] Sworn to before me this 20th day of June 1855 Sam Harrison Clk Item #5 – List of Property Sold 8/31/1855 A List of Property Sold by Hearvy Blackwell adm of the Estate of Jeremiah Blackwell (Decd) Aug 31 1855 Jos. Bequett 1 cutting knife .35 Robert Blackwell 2 lg eggs – c .40 Joel? Lape 1 drawing knife .15 Alford Vinyard 1 draw knive .60 John N. Smith 1 ? .45 Harvy Blackwell 2 clevises .35 Augustus Hawkens 1 claw hammer .15 John N. Smith 1 file .10 Chas Manwarren 2 chisels .35 Harvy Blackwell 2 clevises .30 Harvy Blackwell Shumakers Tools .56 John N. Smith 1 ginblett ??? .10 Jos Bequett 1 seine seive .15 H. Blackwell 1 hand saw .55 John Lanings? 1 square .25 John N. Smith 2 augars .25 Chas Manwarren 2 pare of ?? .30 Harvey Blackwell ½ bushele measure .70 Harvey Blackwell 1 pare steelyards 1.55 Harvey Blackwell 4 sett plow gears 2.00 Jos Bequett 1 lott of old irons .55 Harvey Blackwell 1 lott of howes 1.00 Harvey Blackwell 1 plow 1.50 Harvey Blackwell 1 plow 1.00 Harvey Blackwell 1 plow .20 Harvey Blackwell 1 plow .10 Harvey Blackwell 1 pare stretchers 1.00 Harvey Blackwell 1 pare stretchers .50 Robert Cann? 1 cattle – c 1.10 16.25 Amount Carry forward 16.25 Harvey Blackwell 1 grid iron .10 Harvey Blackwell 1 pot .40 Ly? Page 1 pare wafful irons .25 Nathan Pinson 1 oven and lid .55 Nathan Pinson 1 stew cettle .25 S. Coops? 1 crosscut saw 4.00 Harvey Blackwell 1 wheat pan 15.60 Robt. Blackwell 1 jack screw 1.00 Harvey Blackwell shovel and tongs 1.05 A. Hawkens 3 pare hooks .30 Michael Cann? 1 stone hammer .90 Wm. Cann? 1 augar .25 Harvey Blackwell 1 sythe & cradle .65 Jas Pool 1 sythe & cradle .35 Wm. Blackwell 1 mowing sythe .30 Jas Pool 1 axe .35 Harvey Blackwell 1 grind stone .55 Harvey Blackwell 1 pitch fork .20 Harvey Blackwell 1 bay mare 18.00 John Strickland 12 year old filly 28.00 Lavina Blackwell 1 bay filly 25.25 David Cilgow? 1 cow & calf 20.00 Robt. Blackwell 1 yoke oxen 45.00 Robt Blackwell 1 red stear 21.00 Wm. Son 1 yearling calf 3.75 Robt. Blackwell 1 red stear 12.00 Margarett Blackwell 1 white yearling 5.50 William Blackwell 1 black side bull 9.85 S. H. Scott 12 year old 8.25 S. H. Scott 1 yearling 7.25 S. H. Scott 1 yearling 6.75 Robt Blackwell 1 speceld stear 7.50 This amount carried over 261.20 from page 2 261.20 George B. Hale 1 black heefer 5.10 Jos Bequett 5 chairs 3.50 Wm Blackwell 6 common chairs 1.00 Wm Blackwell 1 clock 3.00 Margarett Blackwell 1 press 3.00 Margarett Blackwell 1 table 2.50 H. Blackwell To the history of the west .75 Chas Manwarren 1 history .25 G. B. Hale 1 scisser .15 John N. Smith l life of Jackson .20 A. Vinyard 1 lott of books .15 Elizabeth Strickland 1 looking glass 1.50 Robt Cann? 1 shot gunn 4.00 Robt Blackwell 1 rifle gunn 10.00 Nathan Penson 1 pare stable bags 2.20 Wm. Blackwell 1 saddle 6.20 Robt Blackwell 1 lott beef hides 1.00 305.70 This amt of Articles taken out by the Widow at appraisment 1 brown cow and calf 20.00 1 bay mare and colt 70.00 1 cupboard 10.00 1 chest .75 1 folding leaf table 1.50 The amount bought at sale 4.00 1 cooking stove 32.00 146.25 Total Amt $451.95 Item #6 – Another Inventory document at sale 6/23/1855 A full and perfect Inventory of the goods, chattels and person at estate of Jeremiah Blackwell, late of the County of Washington, as presented so the undersigned Tho. McMurphy, Archie Cheatham, and Alexand Poleit appraisers appointed by the County Court of said County, by administrator of said Estate, this 23rd day of Jun 1855. one sided? yoke of oxen 45.00 one red stear 22.50 one red cow 18.00 one red stear 15.00 one Bull 12.00 six yearling heifers 44.00 one 2 year old heifer 10.00 one brown cow & calf 20.00 nine head of sheep & lambs 11.25 one gray mare & coalt 70.00 one bay mare 15.00 one bay two year old filley 20.00 one sorrel two year old filley 25.00 one 1 wheat pan 12.00 four ploughs 6.00 four single tress & three cleveys 3.40 one plough gear 3.50 two pairs stretchers 2.50 Six? winding? hois? .75 incomplete – I must have not copied it all Item #7 – Bond 6/30/1855 Know all Men by these Presents, that we, Harvey Blackwell as principal, and David E. Perryman & Eugene Omara acknowledge ourselves to be held and firmly bound unto the State of Missouri in the sum of Seven Thousand Dollars, for the payment of which, we bind ourselves, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, and dated this 20t h day of June 1855 . The condition of the above bond is, that if Harvey Blackwell Administrator of the estate Jeremiah Blackwell deceased, shall faithfully administer said estate, account for pay, and deliver all money and property of said estate, and perform all other things touching said administration required by law, or the order or decree of any Court having jurisdiction, then the above bond to be void, otherwise to remain in full force. Given under our hands and seals, the day and year aforesaid. Harvey Blackwell David E. Perryman Eugene O’Mara Recorded June 30th 1855 Sam Harrison Clerk Item #8 – Record – Harvey Blackwell Record of Harvey Blackwell Administrator of Jeremiah Blackwell D.C. 1 Brown Cow and calf $20 nine head of sheep $11.25 one gray mare & colt $70.00 one folling leaf table $1.50 One Cooking Stove compleat $30.00 one Beauro $10.00 one cobboard $10.00 One Chest 75 sents All of of which I took at the appraised value as part of my dower in the personal estate belonging to said Deceased. Elisibeth Blackwell Item #9 – Administrator Accounting 1st Harvy Blackwell Administrator of Jerrymiah In To Amount of Sale Bill 305.70 Property taken by the Widow at appraised value as part of her dower in the personal property of said deceased 153.50 Amount of cash in Administrator hand as per inventory 1557.00 2016.20 271.68 Balance in favor of the estate 1744.32 of which amount $1557.00 is in cash Harvey Blackwell Administrator by his attorney Wm. Carter Item #10 – Administrator Accounting 2nd Blackwell deceased in account with Said Estate By Amount of Property the Widow received of the Administrator at its appraised value as part of her dower in the personal property $153.50 belonging to said deceased as per voucher No. 1 Amt paid F. H. Nicols on allowance No. 3 13.70 Amt paid John Paul for crying sale No. 4 3.00 Amt paid Sam Harrison clerks fees No. 5 1.00 Amount of Adm. consumption on $2016.20 No. 6 100.48 $271.68 Item #11 – Listing 1/1/1856 [note from Sharon: not for sure if this goes with this but including to signify the date] H. Blackwell, Adm Jer Blackwell, dec Add’l appraisement Filed Jany 1st 1856 Sam Harrison clk 1 Jackscrew $2.00 Tongs and shovel 1.00 2 pare pot hooks .37 1 grind stone .50 1 angus .25 1 pitch fork .20 Item #12 – Settlement March 1858 H Blackwell, Adm Jeremiah Blackwell decd Settlement March of 1858 Recorder Filed March 11th 1858 Harvey Blackwell Adm of Jeremiah Blackwell To Balance in administrators hands and last settlement $1741.52 Expenses and Time on going to Rockey Bayou in Ark., and Business for estate 15.00 By Wm. A Martin’s script 8.90 23.90 Dollars in adm hands exception interest 1717.62 amt of which the taxes for 4 years to be deducted Harvey Blackwell Adm The above adm would respectfully represent to the court that all debts and? deceased, so far as he has knowledge has been fully paid. That he has no reason to believe that any other demands will be made against said Estate and therefore prays the court to order distribution of the estate among the several heirs entitled thereto of all the money now in his hands except so much as may be necessary to close legally said estate. Harvey Blackwell Item #12 – Receipt Jno L. Detchemendy 2/12/1879 Filed Feby 12th 1879 Jno L. Detchemendy judge of probate and ex-officio clerk Recorded in Record Book of Settlements page 104 Jno L. Detchemendy Judge of Probate Ex-officio clerk Item #13 – Receipt James Pullin 5/7/1858 Received of Harvey Blackwell the administrator of Jeremiah Blackwell deceased two hundred and forty two dollars and eighty five cents. May 7th 1858 James Pullin [note from Sharon: James Pullen is the husband of Loreta Blackwell, Jeremiah’s daughter.] Item #14 – Receipt Geo Hale 4/3/1857 Apr 3rd 1857 Recd of Mr. Harvey Blackwell Administrator of the estate of Jeremiah Blackwell Dec’d the sum of sixty dollars & seventy cents Geo Hale Item #15 – Receipt Elisabeth Blackwell 9/12/1859 September 12 1859 Received of H Blackwell the administrator of the estate of Jeremiah Blackwell dec the sum of Four hundred and forty dollars eighty four sents. Elisabeth Blackwell Item #16 – Receipt Various Receipts to Harvey Blackwell Administrator of Jeremiah Blackwell Decd. _______________ Filed by order of the Probate Court Feby 12th 1879 ____________________ Recorded in Record book of Settlements page 104 Jno L. Detchemendy Judge of Probate & Ex-officio clerk ______________________ Judge of Probate’s fees for filing recording 80 cents Jeremiah Blackwell Probate, Cont. Collected by Sharon Hobart Page 21 of 21 July 2005 Potosi, MO Public Library Jeremiah Blackwell Probate Record – File #157 Washington Co., MO Transcribed by Sharon Hobart: 7/31/05 Updated: 1/9/06 Collected by Sharon Hobart Page 1 of 21 July 2005 Potosi, MO Public Library Additional Comments: Unsure of how the formatting will turn out. File at: http://files.usgwarchives.net/mo/washington/court/blackwel8gwl.txt This file has been created by a form at http://www.genrecords.org/mofiles/ File size: 51.9 Kb