Adams County MsArchives Court.....Et Al, Et Al October 1802 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/ms/msfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ellen Pack e.j.pack@natchezbelle.org December 10, 2005, 7:41 pm Source: Transcription Of County Archives Of Mississippi Written: October 1802 Pages 27 - 35 Friday the 8th day of Oct. 1802 The Court met pursuant to adjournm’s Present Samuel Brooks Jacob Guice Esquires James Neilson John Henderson An Inventory and appraisement of the estate of William N. Galbraith deceases was returned and ordered to be Recorded. William B Smith Plaintiff Against In [Blank] John & William Wells Defendant This day came the parties by their attornies and thereupon came also a Jury to wit, Robert Throgmorton, Ezekel Dewitt, Israel Luce, John King, Andrew Walker, Steven Stevenson, Moses Moore, Daniel Whitaker, Jeromiah Routh, Hansel McCollum, Elisha Estridge, Reuben, Gibson & Abraham Taylor, who being elected tried and sworn to truth to speak upon the issue joined returned the following verdict to wit “We the Jury find for the plaintiff thirty six dollars and fifty cents with costs of Suit.” Therefore it is considered by the court that the plaintiff recover against the Said Page 28 Defendants his damages aforesaid in manner and form by the juorors in their verdict aforesaid assessed, and also his costs by him about his suit in this behalf expended and the said defendants in Mercy &c. Rebecca McCabe Plaintiff Versus In [Blank] Thomas Hutchins Defendant Agruments of demurror to plaintiffs replication to the defendants plea in abatement ordered to be brought on at three o’clock this evening. Ordered that John Ford, Nathaniel Kinnison, Barley Chaney, William Kimson, Christopher Guice, Abram Gice, and Jesse Harper Gent do vow and mark out the necessary roads in the district of Capt Guice’s Copany and make report thereof to the next county court agreeably to Law. Robert Moore & Co. Pltf Versus In [Blank] William B. Smith Deft. Dismissed each party paying half the costs by consent. Page 29 Alexander Moore, Exors. Plaintiffs Against Hardress Ellis Defendant Refered to Sutton Banks and James Barr, Gen and agree that their award be made the Judgment of the Court, and that the same be returned to the clerks office within one month and execution to issue thereon which is ordered accordingly. Hardress Ellis Plaintiff Against Benjamine Carrol Defendant Continued by consent - and it is agreed that the Plaintiff shall not bring this suit to tria in the absence of two witnesses of the defendants. James Williamson Plaintiff Against Maurice Stackpool, Exors. Defendant Dismissed each party to pay their own costs. Benjamine Kitchen Plaintiff Versus Bryan Bruin Defendant Refered to William t. McCormick and Samuel Postlethwait Gent and agree that their award be made the judgement of the Page 30 the Court, and to be returned in the Clerk’s office, and execution to issue thereon, which is ordered accordingly. Phebe Calvit Plaintiff Vs John Brow Defend’t By consent ordered that this suit be continued until next Term. Timberlanke & Hancock Plt Against Att’s James Green Defend’t On the motion of the plaintiff ordered that this suit be dismissed. Christ’o Lee Plt. Against In [Blank] John Cammack Deft. This day came the plaintiff by his attorney and thereupon came also a Jury to wit, Robert Throgmorton, Ezekiel Dewitt, Israel Luce, John King, Andrew Walker, Steven Stevenson, Moses Moore, Daniel Whiataker, Jeremiah Routh. John Eldergill, Elisha Estridge, Ruebin Gibson, Abram Taylor, who being elected tried and sworn well and truly to enquire of damages Page 31 Damages in this suit returned “We of the Jury find for the Plt. Fifty nine dollars and four cents in damages, and costs of suit.” Therefore it is considered by the Court that the plaintiff recover against the Said defendant his damages aforesaid in manner and form by the Jurors in their verdict aforesaid assessed, and also the costs by him abut his suit in this behalf expended and the defendant in Mercy &c I do therefore transfer the within Judgment to Samuel S. Mahon, he having satisfied me for the same, witness my hand and seal this 1st Nov. 1802 Signed Christopher Le, L.S. Ebenezer Rees Plaintiff Against Anthony Benedict Defendant This day comes the plaintiff by his attorney and thereupon came also a Jury to wit Robert Throgmorton, Ezekiel Dewitt, Israel Luce, John King, Andrew Walker, Steven Stevenson, Moses Moore, Daniel Whitaker, Jeremiah Ruth, John Eldergill, Elisha Estridge, Ruebin Gibson and Abram taylor who being duly elected tried and sworn well and Page 32 and truly to enquire to enquires of damages in this suit upon their oath do say that the plaintiff hath sustained damages by reason of the defendants’ non performance of his promise and undertaking in the declaration mention to the amount of twenty five dollars eighty seven and one half cents, and one half cents besides costs. Therefore it is considered by the court that the plaintiff recover against the Said defendant his damages aforesaid by the Jurors in their verdict aforesaid, assessed and also his costs by him about his suit in this behalf expended and the defendant in Mercy &c. John Potter Plaintiff Against Peter Bryan Bruin Defendant This day came the Plaintiff by his attorney and thereupon came also a Jury to wit: Robert Throgmorton, Ezekiel Dewitt, Israel Luce, John King, Andrew Walker, Steven Stevenson, Moses Moore, Daniel Whitaker, Jeremiah Ruth Hansol McCollum, Elisha Estridge, Reubin Gibson, Abram Taylor, who being elected tried and sworn well and to enquire of damages in this suit upon their oath do say that the plaintiff hath sustained damages by reason of the defendants Page 33 nonperformance of his assumption in the declaration mentioned to the amount of fifty three dollars & five cents besides costs, Therefore it is considered by the Court that the plaintiff recover against the said defendant his damages aforesaid in manner and form by the Jurors in their verdict aforesaid assessed and also his costs by him about his writ in this behalf expended and the defendant Mercy &c. John Ferguson Plaintiff Against John Stillee Defendant This day came the plaintiff by his attorney and thereupon came also a Jury to wit, Robert Throgmorton, Ezekiel Stevenson, Moses Moore, Daniel Whitaker, Jeremiah Routh, Hansol McCollum, Elisha Estraidge, Reubin Gibson, Abram Taylor, who being elected tried and sworn well and truly to enquire of damages in this suit upon their oach do say that the plt. Hath sustained damage by reason of the Defts non performance of the promise and undertaking in the declaration to the amount of fourty four dollars six and one half cents besides his cost of suit Therefore it is considered by the court that the plaintiff recover against the Said defendant Page 34 his damage aforesaid by the jurors in their verdict aforesaid assessand and also his costs by him about his suit in this behalf expended and the said defendant in Mercy &c. Ordered that the caveat against an instrument of writing purporting to be the will of Elias Bonnell deceased togeather with the motion for letters of administration to Lewis Shelton &c be entered on the minutes; which are in the words to wit- “The worshipful the Justices of the County Court of Adams now sitting will not let the instrument of writing lately produced to your worships purporting to be the last will and testament of Elias Bonnell dec’d receive probate in your court nor grant letters testamentary to any person or persons, who may be named Executors in Said instrument of writing. 1 st Because the dec’d was not of sound mind at the time of executing said instrument; 2nd Because of the evedent injustice said instrument is calculated to work’ 3rd Because said instrument is defective in point of form; 4th Because it does not pursue the ordinance of this Territory in as much as there are not Page 35 three subscribing witnesses who attest Said Instrument. Samuel S. Mahon attorney for Lewis Shelton Motion also for administraction to be granted to Lewis Shelton (who is intermarried with Mary Bonel - daughter of Elias Bonol dec’d for the Safe keeping of the effects of the dec’d Samuel S. Mahon Attorney for Lewis Shelton, Whereupon It is ordered that the Same be argued on Monday morning next. Thomas Martin Plaintiff Against Thomasina Sigvalt Defendant The defendant by her attorney prayed an appeal to the next Superior Court or Low to be holden for Adams district which is granted upon her giving Bond and Security in the penalty of two hundred dolls, conditioned according to Law. Ordered that Col John Steele, George Fitzgerald, Major Richard King, Peter Walker, esquire, Lewis Evans esquire, Mr. Job Routh, & Mr. George Overaker do view and mark out necessary roads to be opened, repaired or altered in Capt Ferdinand L. Claiborn’s District and make report thereof to the next Court according to Law. Additional Comments: This transcription is part of "Transcription of County Archives of Mississippi No. 2 Adams County (Natchez) Volume II Minutes of the Court of General Quarter Sessions of the Peace 1802 - 1804 Prepared By The Mississippi Historical Records Survey Service Division Work Projects Administration Published by The Board of Supervisors Adams County June 1942 This book was transcribed by Ellen Pack, with special thanks to Robert Shumway. The book is not paginated; the page numbers in this transcription refer to the pages in the original Minutes Book. Where text in the source was scratched out the WPA transcribers typed the word or words and them back-spaced and overtyped with ----. For the purposes of this copy, the scratched out information is shown thus: [word "one" lined out] WPA transcribers' notes and comments are shown thus: /word illegible/ Spelling, capitalization and grammar errors are the fault of the original clerk and/or the WPA transcriber. The original records were last known to be in Natchez, but are now missing and presumed lost. File at: http://files.usgwarchives.net/ms/adams/court/etal77gwl.txt This file has been created by a form at http://www.genrecords.org/msfiles/ File size: 10.5 Kb