Iowa County WI Archives History .....Univ. Of Wis. Platteville, Iowa County, Case 2-40 ************************************************ 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, 5:09 am Book Title: To the Honorable CHARLES DUNN, Chief Judge of Wisconsin Territory, and presiding in Iowa County District Court on the Chancery thereof. The complaints of JAMES HUSE and WILLIAM KENNEDY for themselves and as agents for ANDREW HUSE and JOHN KENNEDY, all of the County of Iowa, and Territory of Wisconsin. Respectfully _____ unto your honor. That your orators on the first day of May 1841, by a written hand for mining purposes, leased from PASCHAL BEQUETTE, a certain range of mineral ground known as the CHARLES and BEQUETTE lot, lying and being on the west half of the Northeast quarter of Section 13, Town 5, range 1,East of the 4th principle meridian, and in the said County of Iowa, and being the Range formerly known as the BEQUETTE and CHARLES land, and your orators among other stipulations were to pay said BEQUETTE one fifth part share of all the lead ore or mineral that was to be raised by your orators for the rent of said ground or mineral range and were bound to work said ground with, and til your orators were satisfied with working the same, and when so satisfied, to return the same as unencumbered to said BEQUETTE. And the said JAMES HUSE and WILLIAM KENNEDY, the aforesaid orators, did in pursuance of said lean, commence mining and digging on said premises, and did make a valuable discovery of lead mineral ore, and the said WILLIAM KENNEDY did sell one-half part share of his interest to JOHN KENNEDY, and afterwards the said JAMES HUSE sold one half part of his interest to ANDREW HUSE, by which said sale, JOHN KENNEDY and ANDREW HUSE became jointly and severally interested in the aforesaid discovery of lead mineral ore, together with your orators. Your orators further show that since they became the joint owners of the said discovery and since the first of July last, they have raised from one shaft or hole about ninety thousand pounds of lead mineral ore, with every prospect of its continuing on a range north across the said BEQUETTE land. And that your orators continued in the quiet and peaceable possession of the whole premises, till about the middle of September last, when one LEWIS POQUETTE and FRANCIS BONY (who your orators Pray may be made defendants to this their bill of complaint) and in the absence of your orators, and without their leave, approbation or consent, commenced sinking a hole or shaft about sixty yards north from your orators shaft, and on or near your orators range of mineral, and on the land so leased by your orators from the said PASCHAL BEQUETTE, and that as soon as your orators were informed the aforesaid defendants were working on the premises, they remonstrated and forbid them working as your orators verily believe it would interfere with their range of mineral, but instead of desisting, they, the above-named defendants took in other partners to work, to wit: ELI MEYERS, FRANCIS SHAW, and _____ WALKER, who your orators also pray may be made defendants to this, their bill of complaint. And your orators further show that the said defendants, after sinking their said shaft about 24 feet south, have struck as your orators verily believe, the identical range of mineral lead ore which your orators discovered, and on which they are at work, and which they, your orators only, have the right of working. Your orators further show unto you __________________________ [poor photocopy] ______ that the said defendants have already raised from eight to ten thousand pounds of said Mineral ore from the premises and they are now hiring hands to work the same as fast as possible, and sell the mineral as soon as raised, and as none of the said defendants are responsible, or have but very little visible property, your orators are without remedy in a court of Chancery. And your orator believes and so charges and insists that PASCHAL BEQUETTE never gave any of the said defendants any leave whatever to work on, or mine and dig on any part of the aforesaid tract of land, so as to interfere in any manner with your orators discoveries or diggings, nor without your orators approbation or consent on what part of said tract of land the said defendants might mine. But now, so it may please your honor, that the said defendants combining and confederating with _____ persons whose names are at present unknown unto your orators, but which when discovered, they pray have to add as parties to this their bill of complaint with proper (?), and afterwards to charge them on the premises contriving how to _____ and aggrieve your orators in the premises have and now are digging and mining on your orators range and discovery of said mineral from the same, selling and disposing of the same, and converting the money to their own use. All of which acting, doing, and practices of the said defendants and their confederates, when discovered, may upon their respective corporal oaths full true, direct and perfect answers, make according to the best of their knowledge, information, recollection, and belief to all and singular, the matters in this your orators bill of complaint contained, and that as fully and at length, paragraph by paragraph, as if the same were here again repeated, and they thereunto specially interrogated and especially that they might sit forth and discover by what right, or whose leave, they continue to mine and dig upon the aforesaid premises, and also to set forth and discover what amount of mineral has by them been raised upon the premises, and to whom has the same been sold, and that the said defendants by this Hon.Court, be restrained from digging and mining on the aforesaid premises, and that they may account with your orators for mineral so by them raised, and inasmuch as your orators are remediless by the said rules of common law, as the said defendants are committing great waste and damage to your orators by reason of their digging and mining upon the aforesaid premises, and as your orators can only obtain complete relief in a court of Chancery where matters of this and like nature are properly cognizable and relievable, and that by a decree of this Hon.Court, the said defendants may be restrained from digging or mining upon the said premises, and also to pay unto your orators said sum or sums of money as may be just and reasonable for all the mineral raised and sold, and that your orators may have such further and other relief in the premises as shall be agreeable to equity and good conscience. May it please your honor, the premises considered to grant unto your orators not only the United States writ of Injunction issuing out of and under the Seal of this Honorable Court, to be directed to the said defendants to restrain them, their servants, and workmen and agents from digging in any manner, mining __________ [poor photocopy] _________ from selling in any manner, disposing of any part of the mineral raised upon he said premises until the further order of this court. Also the United States writ of subpoena to be directed to the said defendants thereby commanding them at a certain day and under a certain fine therein, to be limited to be and appear before your honor in this honorable Court, and then and there, full true direct and perfect answers make to all and singular the premises and, further, to stand to perform and abide such further order, direction and decree therein as to your honor shall see merit, and your orators will ever pray. (Signed) JAMES HUSE WILLIAM KENNEDY PARLEY EATON, Solicitor Territory of Wisconsin, Iowa County Personally appeared before me the undersigned, a justice of the peace within and for the County of Iowa, JAMES HUSE, WILLIAM KENNEDY, and severally made oath that the matters and things sets forth in the foregoing bill of complaint so far as stated of their own knowledge are true, and so far as stated on the information of others, they believe them to be true. Sworn and subscribed, acknowledged, this 2nd day of November 1841, before me. (Signed) JAMES HUSE JAMES BOWDEN (?) J.P. WILLIAM KENNEDY Territory of Wisconsin, Iowa County The Clerk of the District Court of Iowa in said Territory will issue a writ of injunction with subpoena agreeably to the prayer of the within and foregoing bill of complaint of JAMES HUSE, WM. KENNEDY, ANDREW HUSE and JOHN KENNEDY, complaint against LEWIS POQUETTE, FRANCIS BONY, FRANCIS SHAW, ELI MYERS and ______ WALKER, defendants. Before issuing the said writ, the said complainants are required to enter into injunctive bonds in your office in the usual form to said defendants with good security to be by you approved in the penal sum of one thousand dollars with condition as required by law. Given under my hand and seal this 6th day of November, AD 1841. CHARLES DUNN, Judge of the Jud.Dist, W.T. seal JAMES HUSE, et.al. In Chancery vs Iowa County Dist. Court LEWIS POQUETTE, et.al. April term, 1843 The testimony of PASCHAL BEQUETTE, taken in pursuance of a decreed order of this honorable Court this 27th day of April AD 1843 before C.C. WASHBURN, one of the Masters of said Court. The said witness being first sworn according to law to speak the truth in the above case wherein JAMES HUSE, WILLIAM KENNEDY, ANDREW HUSE, and JOHN KENNEDY are complainants and LEWIS POQUETTE, FRANCIS BONY, FRANCIS SHAW, ELI MYERS and _____WALKER are defendants. First interrogatory). “Do you know the parties complainant and defendants above- named, or either of them?” Answer). “I know them all.” 2nd Int). “State what you know about complainants leasing a certain mineral lot of you.” Answer). “I leased a certain mineral lot and range to complainants in the spring of 1841, I think. After the complainants struck a lead and were following of it up, the defendants came on to the same lot and commenced working as it afterwards proved upon the same range that the complainants were working.” 3rd Int.-“How much mineral did defendants raise from the lot and range of the complainants, and what was it worth at the time?” Ans.-“They raised nineteen thousand two hundred and fifty pounds, and it was worth at that time from fifteen to sixteen dollars a thousand. They paid me one fifth of all they raised as ground rent.” P. BEQUETTE JAMES HUSE et.al. In Chancery Vs. Iowa County District Court LEWIS POQUETTE, et.al. April term, AD 1843 In pursuance of a decocted (?) order made by this honorable court in the above cause, by which it was ordered that the certain matters in complainants bill be referred to the undersigned one of the Masters of this Court for the purpose of taking testimony and reporting thereon. Now, therefore, I the subscriber, one of the Masters as aforesaid, do report that I caused PASCHAL BEQUETTE to come before me, and his evidence taken down in writing, which is hereby annexed. I report that I find that said defendants raised from the complainants range of mineral and upon their lot, nineteen thousand, two hundred and fifty pounds, one fifth of which was due PASCHAL BEQUETTE as promised rent, leaving after deducting the rent, fifteen thousand and four hundred pounds which was worth at the time, the sum of two hundred and thirty-eight dollars and seventy cents. All of which is respectfully submitted, C.C. WASHBURN Master in Chancery Know all men by these presents, that we, JAMES HUSE, WILLIAM KENNEDY, ANDREW HUSE and JOHN KENNEDY, as principals and SAMUEL CHARLES and DAVID MORRISON as Security of the County of Iowa and Territory of Wisconsin ___ hold and firmly bond(?) unto LEWIS POQUETTE, FRANCIS BONY, FRANCIS SHAW, ELI MYERS and ______WALKER in the final sum of one thousand dollars lawful money of the United States for the payment of which will and truly to be made. We bond ourselves, our heirs, _______ and administrators be jointly, severally and firmly by these presents. Witness our hand and seals. This 6th day of November AD 1841. The conditions of the above obligation is such that whereas the above bound JAMES HUSE, WILLIAM KENNEDY, ANDREW HUSE and JOHN KENNEDY had prayed for and obtained a writ of Injunction from the Judge of the District Court of said County, enjoining and commanding the said LEWIS POQUETTE, FRANCIS BONY, Francis Shaw, Eli Myers and _____Walker, their workmen, laborers, servants and agents absolutely and entirely to desist from digging or in any manner mining upon a certain range of mineral around (?) known as the CHARLES and BEQUETTE lot lying and being on the west half of the north east quarter of section thirteen, town five, range one, east of the fourth principal meridian, and in the said County of Iowa and also from selling or in any manner disposing of any part of the mineral raised ___ the said premises and from committing or doing any other or further work or ____ in and upon the said premises until the said court shall make the order to the contrary. Now if the said JAMES HUSE, WILLIAM KENNEDY, ANDREW HUSE and JOHN KENNEDY shall pay or cause it to be paid (?) to the said LEWIS POQUETTE, FRANCIS BONY, FRANCIS SHAW, ELI MYERS and ____WALKER, all such damages as they may sustain by reason of the ____ of the said Injunction, and also such costs and damages as may be awarded against the said Complainants by the said Court in case the said Injunction herein granted shall be dissolved, then the above obligation to be void, otherwise to be and remain in full form and certain in the law. Signed, sealed and delivered in the presence of EDWARD MCSHERRY Territory of Wisconsin County of Iowa We, SAMUEL CHARLES and DAVID MORRISON do solemnly swear that we are each (?) householding residents (?) within the Territory of Wisconsin, and that we are with the sum of one thousand dollars____ and when all ____ and demands against are according to the best of our knowledge and belief. Sworn to and subscribed before me this 6th day of November A.D.1841. EDWARD MCSHERRY SAMUEL CHARLES DAVID MORRISON File at: http://files.usgwarchives.net/wi/iowa/history/other/univofwi14gms.txt This file has been created by a form at http://www.genrecords.org/wifiles/ File size: 14.5 Kb