Iowa County WI Archives Court.....Holmes, Thomas December 29, 1842 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/wi/wifiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Nancy Poquette npoq@hotmail.com October 10, 2006, 4:17 am Source: Univ. Of Wisconsin At Platteville Written: December 29, 1842 Writ of Attachment Mathew G. Fitch vs. THOMAS HOLMES “The within writ of attachment was read to the defendant, THOMAS HOLMES on the 29th day of December, 1842. So answers Geo. Messersmith” “We, the undersigned, Geo. Messersmith, Sheriff of Iowa County, Wisconsin, together with Henry M. Billings, Benjamin M. Crawford of said county, after being duly sworn as appraisers, do estimate and appraise the property herein described, to wit: “2 bay horses, harness, a wagon, at one hundred dollars, ___ cents, attached as the property of THOMAS HOLMES at the suit of Matthew G. Fitch. In testimony whereof we have hereunto set our hands and seals, this 27th day of Nov. 1841. Geo. Messersmith, Henry M. Billings, B. M. Crawford.” Territory of Wisconsin, County of Iowa} “Personally came before me, James S. Bawden, a Justice of the Peace, in and for the County aforesaid, Matthew G. Fitch, who, being duly sworn on his oath, said that THOMAS HOLMES is indebted to him (the affiant) in the sum of $103.58, exclusive of interest, over and above all just set-offs or demands of said THOMAS HOLMES against affiant; and this affiant believes that said THOMAS HOLMES is about, fraudulently to remove and dispose of his property or effects so as to hinder and delay his creditors.” Matthew G. Fitch.” “Subscribed and sworn to before me, this 10th day of November, 1841. James S. Bawden” “I hereby certify that I am fully satisfied that the facts contained in the above and foregoing affidavit are true. Given under my hand the 11th day of November, 1841. James S. Bawden.” Territory of Wisconsin, County of Iowa District Court, US, April Term 1842 The United States of America, to the Sheriff of said county, Greeting. Whereas Matthew G. Fitch has complained on oath which is filed in the Office of the Clerk of the District Court within and for said county and territory: “That THOMAS HOLMES is justly indebted to him, the said Matthew G. Fitch in the sum of $103.58, exclusive of interest over and above all just offsets and demands of the said THOMAS HOLMES against him the said Matthew G. Fitch, and that the said THOMAS HOLMES is about, fraudulently to remove and dispose of his property or effects so as to hinder and delay his creditors as he, the said Matthew G. Fitch verily believes.” “We, therefore, command you that you attach the lands , tenements, goods, chattels, rights, credits, moneys and effects of the said THOMAS HOLMES wheresoever the same may be found in your county, except such as are by law, exempt from execution; and such estate in your hands, so to secure or so to provide that the same may be liable to further provisions? Therefrom according to law at a District Court to be holden at the courthouse in Mineral Point on the 2nd Monday of April next, so as to compel the said THOMAS HOLMES to appear and answer the complaint of the said Matthew G. Fitch, where and when you shall make known to the said court how you have executed this writ and how you then and there this writ. Witness the honorable Charles Dunn, Judge of our said court at Mineral Point, this 14th day of November, 1841. Attest, Edward McSherry, Clerk. United States District Court, for Iowa County, Territory of Wisconsin Matthew G. Fitch vs. THOMAS HOLMES} of the term of September in the year 1842. Matthew G. Fitch, plaintiff in this suit by Parley Eaton, his attorney, complains of THOMAS HOLMES, defendant of a plea of breach of covenant. For that, whereas, heretofore to wit, on the 30th day of April in the year of our Lord 1841, at Mineral Point in the County of Iowa aforesaid, by a certain indenture then and there made between the said Mathew G. Fitch of the one part and the said THOMAS HOLMES of the other part. One part of which said indenture sealed with the seal of the said THOMAS HOLMES, the said Matthew G. Fitch now brings here into court, the date whereof is the day and year aforesaid, the said Matthew G. Fitch did demise, lease, let and to farm let unto the said THOMAS HOLMES, his heirs, executors, administrators and assigns, ‘a certain messuage or tenement, tract, piece or parcel of land situate in Township Number 4, of Range No. 4 East of the 4th principal meridian, being part on the 18th Section, viz., SE quarter of said section, and part on Section 19, being the NE quarter of said section in said Town and Range containing in all in or about 200 acres, be the same more or less, to have and to hold, the said messuage or tenement, tract, piece or parcel of land, with the appurtenances unto the said THOMAS HOLMES, his heirs, executors, administrators and assigns from the 1st day of May then next to the full end and term of five years thence next ensuing, and fully to be complete and ended.” “Yielding and paying therefore yearly and every year to the said Matthew G. Fitch, his heirs, or assigns, the clear yearly rent of sum of two hundred and fifty dollars payable yearly on the 25th day December of each and every year, as by the said indenture reference being thereunto had will (among other things) more fully and at large appear. By virtue of which said demise the said THOMAS HOLMES, afterwards, to wit, on the 1st day of May then next ensuing, entered into and upon all and singular, the said demised premises with the appurtenances and became and was possessed thereof for the term of one year.” “And although the said Matthew G. Fitch hath always, from the time of making the said indenture hitherto, well and truly performed, fulfilled and kept all things in the said indenture contained on his part and behalf, to be performed, fulfilled and kept according to the tenor and effect, true intent, and meaning of the said indenture, to wit, at Mineral Point in the County aforesaid, Yet protesting that the said THOMAS HOLMES hath not performed, fulfilled or kept anything in the said indenture contained on his part and behalf, to be performed, fulfilled and kept according to the tenor and effect, true intent and meaning thereof, the said Matthew G. Fitch saith that after the making of the said indenture and during the said term thereby granted, to wit, on the 25th day of December, 1841, at Mineral Point aforesaid a large sum of money to wit, the sum of $250 of the rent aforesaid, for one year, of the said term ending on the day and year last aforesaid, became and was due and still is in arrear and unpaid to the said Matthew G. Fitch contrary to the tenor and effect and true intent and meaning of the said indenture and of the said covenant of the said Thomas Fitch [Parley Eaton’s error, not mine], by him in that behalf so made as aforesaid, to wit, at Mineral Point aforesaid. And so the said Matthew G. Fitch in fact, saith, that the said THOMAS HOLMES (although often requested so to do) hath not kept the said covenant so by him made as aforesaid, but hath broken the same, and to keep the same with the said Matthew G. Fitch hath hitherto wholly neglected and refused and still doth neglect and refuse to the damage of the said Matthew G. Fitch of $400. And therefore he brings his suit. Parley Eaton Attorney for the plaintiff.” “The following are copies of the promissory notes on which this suit is brought: $40.00 Six months after date, I promise to pay to Matthew G. Fitch or bearer, the sum of $40 with interest from date, as per value received. Pleasant Grove, May 8th, 1841. THOMAS HOLMES $40.00 Six months after date, I promise to pay to Matthew G. Fitch or bearer, the sum of $40 with interest from date, as per value received. Pleasant Grove, May 8th, 1841. THOMAS HOLMES $23.58 Six months after date, I promise to pay to Matthew G. Fitch or bearer, the sum of $23.58 with interest from date, as per value received. Pleasant Grove, May 8th, 1841. THOMAS HOLMES And whereas, also the said defendant afterwards, to wit: on the 22nd day of September, 1841 at Mineral Point, aforesaid was indebted to the said plaintiff in the further sum of $150 of lawful money of the U.S. for the work and labor, care and diligence of the said plaintiff, and for materials found and provided by the said plaintiff, before that time done, performed, bestowed, found and provided in and about the business of the said defendant, and for the said defendant, and at his special instance and request; and also in the further sum of $150 of like goods, wares, merchandise, and chattels and horses, mares, colts, bulls, cows, oxen, calves, sheep, lambs, hogs and pigs, by the said plaintiff, before that time sold and delivered to the said defendant, and at his special instance,...etc File at: http://files.usgwarchives.net/wi/iowa/court/holmes7gwl.txt This file has been created by a form at http://www.genrecords.org/wifiles/ File size: 9.2 Kb