Hunterdon Co., NJ, Misc. Records, John Phillips c. 1820 File contributed for use in USGenWeb Archives by: Donna Evans Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nj/njfiles.htm ************************************************ Affidavit 338 New Jersey, Hunterdon County it remembered that on this twenty ninth day of Oct. In the year of our Lord one thousand eight hundred and twelve personally appeared before me Paul N.M. Prevost Esqr. one of the justices of the peace of the County of Hunterdon, John Phillips of said County, who being duly sworn on the holy Evangelist of Almighty God, did depose and say on this twenty ninth day of Octo in the year of our Lord one thousand eight hundred and twelve --- Amwell twp. Of said County, wilfully, unlawfully, and maliciously destroyed a certain promissary note for the payment of ten dollars drawn by the said Adams in favor of the said John of the thirtieth day of May --- and then delivered to the said John Adams, which said note remained in the hands of the said John unpaid, and was on the day first mentioned taken from him and destroyed by the said Adams. And further saith not. John Phillips know the date first above Paul N. Mallet Prevost Affidavit 964 Andrew Phillips v. Lott Phillips In Debt to Rule to the cause Jesse Titus, Senr. Witness has understood from Andrew Phillips the plaintiff that the judgment confessed in the above case included --- legacies given by the wil of John Phillips, Senr. Decd. among which was a legacy of ten dollars given to deponents wife Mary. Previous to the judgment deponent had given no order or consent that his wife's legacy should be included in the said judgment --- --- --- that it was included untl the place was set up for sale on the execution in the above cause. Plaintiff informed of --- that all thepeuniary legacies were included. John Phillips one of the legatees, son of the testator died before his father. Hannah wife of Richard Hunt another legatee, daughter of the testator, died since her father's decease. John Phillips the testator died about the nineteenth of May last three years ago. Hannah died a year ago last September. Deponent understood plaintiff shortly before the judgment was entered that the defendent Lott Phillips owed hiim about twenty or twenty five dollars and he intended to have it as soon as he could. Deponent being cross examined --- the part of the plaintiff says that he is willing that his --- be included in the aforesaid judgment should remain or it ever --- is now willing and never made any objection to Andrew Phillips acting for her in --- and collecting the said legacy Jesse Titus Sworn and --- this 21 day of October, 1822 before me George Rea Andrew Phillips v. Lott Phillips In debt on Judgment & Excon. William Wharton Jun. of full age & alleging himself to be conscientiously scrupulous of taking an oath & being duly affirmed according to law on his solemn affirmation saith That in a coversation which he lately had with Andrew Phillips the plaintiff in the above stated judgment respecting the same - the said Phillips acknowledged that the said judgment was taken in part of several legacies bequeathed by the will of John Phillips decd to his daughter Rhoda, son John & others of his children - That the said legacies had not been paid to the said Andrew previous to the taking of the said judgment and that John Phillips one of the legatees died before the testator and farther saith not William Wharton Jr. Affirmed & subscribed this 8th August 1822 before John Coryell William Wharton Jun. Being duly affirmed saith that in a conversation with the Plaintiff he--- that if he recovered the money on this judgment he would pay the legacies; otherwise he should not, and the other legatees might revolke to the law - plaintiff said the judgment included a legacy of two hundred dollars to Rhoda, one of one hundred dollars and thirty three cents to John and five other legacies of ten dollars each and a Debt of upwards of eighty dollars --- to himself - plaintiff said he had not paid the legacies when he took the judgment - Also that his brother John one of the legatees died before his father if other than --- William Wharton Jr. On cross examination affirmed and subscribed this day year aforesaid George Rea Miscellaneous Records 5976 Andrew Phillips v. Lott Phillips --- Case Judgment on --- October term 1820 Please before the Judges of the Inferior Court of Common Pleas at Flemington in and for the County of Hunterdon of the term of October in the year of our Lord one thousand eight hundred and twenty. T Blackwell Clk Hunterdon County Inferior Court of Common pleas in the term of October in the year of our Lord one thousand eight hundred and twenty Hunterdon to wit: Andrew Phillips puts in his place Garret D. Wall his attorney against Lott Phillips in a plea of Trespass on the case Hunterdon to wit: Lot Phillips -- - (de---) And the said Lot he --- And heron the said Lott Phillips --- judgment --- damages so acknowledged, together with his costs and charges by him about his just behalf expended to be adjudged to him be Therefore it is considered that he said Andrew Phillips do recover against the said Lott Phillips his damages aforesaid to four hundred and fifty-four dollars thrity cents in --- aforesaid acknowledged, and also twenty dollars & seventy nine cents for his said costs and charges by the court now here adjudged to the said Andrew Phillips and with his af--- to which said damages costs and charges in the whole amount to be four hundred & seventy five dollars & nine cents, and the said Lott Phillips in merbe be Judgment --- this twenty fourth day of October in the year of our Lord one thousand eight hundred & twenty Andrew Phillips v. Lott Phillips In case on rule to show cause We agree that the affidavit of William Wharton Jun. a witness in this can be taken this day at the office of N. Saxton before Thomas Capner one of the judges of the court of common pleas of farther --- instead of being taken before George Rea Esq (he being absent) pursuant to order given Flemington April 15th 1823 Nathaniel Saxton ally for Moses Harvey & John Holcomb judgment creditors of Lott Phillips the Defendent Andrew Phillips Andrew Phillips v. Lott Phillips In case on a rule to show cause Deposition of Witnesses taken in presence of Andrew Phillips the Plaintiff and Nathaniel Saxton Attorney for Moses Harvey and John Holcomb creditors of the defendent William Wharton Junr. declaring himself conciencously scrupulous of taking an Oath and being duly affirmed his affirmation saith, that he was at the House of Andrew Phillips the Plaintiff and that Plaintiff --- that if he received the money on the judgments against Lott Phillips, he would pay the legacies under his Father's will otherwise they might look to have the Plaintiff said the judgment included a Legacy of two hundred dollars to his sister Rhoda and fifty pounds to brother John and five other legacies of ten dollars each, and a debt of his own above eighty dollars. Plaintiff said that he had not paid the Legacies when he took the judgment also --- that his brother John one of the Legatees died before his father the testator; this conversation took place sometime in the month of July last Andrew Phillips v. Lott Phillips In case on rule to show just cause Jesse Titus sworn Witness has understood from Andrew Phillips the Plaintiff that the judgment confessed in the above case included several legacies given by the will of John Phillips Senr. Decd. among which was a legacy of ten dollars given to deponents wife Mary. Previous to the judgment deponent had given no order or consent that his wifes legacy should be included in said judgment and did not know that it was included in said judgment until the place was set up for sale on the Execution in the above cause; Plaintiff informed deponent that all pecuniary legacies were included; John Phillips one of the Legatees son of the Testator died before his father. Hannah wife of Richard Hunt another Legatee, daughter of Testator died since her father deceased. John Phillips testator died about the nineteenth of May last four years ago. Hannah died a year ago last September - Deponent understood Plaintiff shortly before the judgment was entered that the defendant Lott Phillips owed him about seventy dollars and he intended to have it as soon as he could. *Defendent being cross examined on the part of the Plaintiff says that he is willing that his wifes legacy included in the aforesaid judgment remain as it now is - is now willing and never made any objection to Andrew Phillips acting for her in --- and collecting the said legacy. Sworn and subscribed this tenth day of June 1823 Jesse Titus before me Thomas Capner Andrew Phillips v. Lott Phillips In Case on judgment & execution & rule to show cause John Holcomb and Moses Harvey judgment creditors of Lott Phillips the defendant came into court to say the judgement and execution of Andrew Phillips against said Lott Phillips ought to be set aside for the following reasons 1. Because the judgment is irregular not being regularly issued or entered or at Common Law or by statute 2. Because there was no affidavit or proof of the execution of the cognovit or that the debt was justly due 3. Because the judgment is entered on a cognovit for a sum of money which was not and is not due from the Defendant to the Plaintiff 4. Because the judgment was and is fraudulent against the appellants and other creditors of the defendant. Febry 15 1823 Nathantiel Saxton atty for John Holcomb & Moses Harvey Judgment auditors for the Defendant Andrew Phillips v. Lott Phillips In Case Costs --- & Octo term of 1820 Retainer, warrent of Attorney, copy & filing $1.2- Drawing, summons, & --- --- fees 92 Entering and filing appearance of Deft 18 Motions for the rules & arguement fee 2.0- Court and Clerks fees on rules & first motion 1.2- Drawing narr. 4 folio copy & filing 1.3- drawing cognovit copy reading & filing 1.1- Drawing breveat & copy & Attorney's fee 2.5- Motions for filing cognovit & --- fee 2.0- Court & Clerks fee In rule .30 Argument fee on motion for final judgment 1.2- Entering recording & assigning judgment 1.5- Drawing costs copy --- & filing 1.1- --- Cryers fees .89 v a c Feby Term 1820 $18.39 Drawing files & Clerks fees 1.60 Term fee .80 $20.79