Forward of notes from Wava Tory on estate settlement of Jeremiah Sullivan," January 1999, Original e-mail in the author's archives.
Records obtained from Wava Tory, obtained in Franklin, Tn.
Please at the Court House in Franklin in the State of Tennessee and County of Williamson before the worshipful the Justice of the peace of Williamson at the July term eighteen hundred and twenty of said court.
Nancy Sullivan and Elisha Sullivan Administers
Plaintiff
Of Jeremiah Sullivan Dec'd
Vs. Jesse Benton, Defendant Debt
The State of Tennessee to the Sheriff of Williamson County Greetings. You are hereby commanded to take the body of Jesse Benton if to be found in your county and safely keep so that you have him before the justices of our court of pleas and quarter sessions to be held for the county of Williamson at the Court house in the Town of Franklin on the first Monday in April (April 3) next then and there to answer Nancy Sullivan and Elisha Sullivan Administers of Jeremiah Sullivan dec'd in a plea that to render unto them the sum of fifteen hundred and fifteen dollars which to them he owes and he unjustly detains from them to their damage three hundred dollars herein fail not and have you then there this writ witness Thomas Hardeman for? clerk of our said Court at office the first Monday in April 5th A.D 1819 and in the year of American independence. Thomas Hardeman Jur.? Attached to which writ was bond in the words and figures following (to wit) I acknowledge myself the above named Plaintiffs security in the sum of two hundred dollars for his prosecuting the above writ with effects or payment of all costs and damages incident or failure there of. Witness my hand and seal this 24th day of March 1819.
J. H. Maury and is which writ were the following endorsements (to wit ) JSSd? 24th March 1819 came to hand and executed 21st March 1819. A. M. Harwood D.S
State of Tennessee
Williamson County
April term 1819
Nancy Sullivan and Elisha Sullivan Administers of Jeremiah Sullivan Dec'd by their attorney complaint of Jesse Benton in custody, in a plea that he render unto them the sum of fifteen hundred and fifteen dollars which to them he owes and from them unjustly detains for that the said Benton heretofor (to Wit) on the first day of August (Fri.) in the year of our Lord Eighteen hundred and seventeen in the county and state aforesaid by his obligatory of that date sealed with his seal and in court to be produced, acknowledged himself to be bound to the plaintiffs and in debited to the plaintiffs in the said sum of fifteen hundred dollars to be paid to the plaintiffs twelve months after the dating thereof . Yet though often requested, the said Benton has not paid to the said plaintiffs the said sum or any part thereof, he the said Benton has hither wholly refused and still refuses so to do to the plaintiffs damage __________dollars and therefore they sued. At said term of April 1819 was entered on the memorandum docket."Plead next term and try the term "after" July term 1819 continued . October term 1819 continued. Was entered on the memorandum docket. January term 1820 continued. Tuesday, 4th April 1820 pay issue justices present:
George Hulan(?) Lion Hunt (Sion?) William Smith and Christopher E. McEwen, Esqr's. This day Came the Parties by their attorneys and came also a Jury of good and lawful men, to wit: Richard Hughs, Leonard Dunavant, Matthais Johnston, William Pably, William Edmiston, Henry Hutton, Joesph H. Stockett, John Porter, Thomas Akonas, Author Fulghum , Samual Cox, and John Stevens, one of the jurors having withdrawn himself it is therefore, considered by the court that the rest of the said jurors from rendering there verdict, be discharged and therefore be a mistrial and that the cause stand for trail next term, Wednesday 5 July 1820. Justices present: George Haline(?), Lion Hunt, Christopher E. McEwen and William Smith, Esquires. This day came the parties by their attorneys and came a jury of good and lawful men, to wit, Joel Stephens, William Dobbins, John Lee, Enoch Bateman, John Evans, Jr. William Bateman, James Crockett,
Daniel German, Henry Walker, Nathaniel Alexander, John House, and Samuel Cummins, who being elected tried and sworn the truth to speak upon the issue joined on their oath do say they find that the defendant has not paid the whole of the debt in the declaration mentioned but that there remains a balance of fifteen hundred and fifty-seven dollars and fifty cents. Therefore, it is considered by the court that the plaintiffs recover against the defendant the balance of their said debt and their damages in form aforesaid assessed and their costs by them about their suit in this behalf expended.
July 15th, 1820. In this cause the defendant alleges that he is entitled in justice to a credit which was not allowed him by the jury, which certify to be a suffiecient reason for an appeal, John White, Atto: for the Appealant.
Know all men By these Present that we, Jesse Benton, William Banks and John White are held firmly bound unto Nancy and Elisha Sullivan in the Sum of Three thousand five hundren dollars to be paid to said Nancy and Elisha Sullivan, Their Certain Attorney, his heirs, executors, administrators or assigns-which payment shall and truly be made, we bind ourselves, our and eash of our heirs, executors, and administrators and each and every of us and then jointly and severally firmly by their presents witness our hands and seals this 15th day of July A.D.1820. The condition of this obligation is such that whereas a certain action was prosecuted in our court of pleas and quarter sessions for Williamson County.
Nancy and Elisha Sullivan Being plaintiffs and Jesse Benton defendant. On Trial, of which action, judgement was rendered against the defendant for the sum of sixteen hundred and fifty-seven doolars and 65 cents. And costs of suit from which judgement the defendant prayed and obtained an appeal to the honorable the circuit court of Williamson County. Now if the said Jesse Benton Shall prosecute said appeal with effect and perform the judgement sentence in decree which the circuit court shall pass or make thereon in case he, the said appellant, shall have the cause decided against him, then his obligation to be be void else to be and remain in full force and virtue according to the true intent and meaning hereof.
Jesse Benton (Seal )
William Banks (Seal)
John White (Seal)
Saturday, 15th July , 1820. This day cause the defendant and prays that he may appeal from the judgement of the court here to the honorable the circuit Court of Williamson County, having given bond security for the prosecution of the same and having filed his reasons the cause is granted.
Bill of Costs:
(A writ commanding an officer to take into custody the person named within, arrest him.)
Copies and Bonds- $1.40 Mistrial $1.00-------2.40
3 Continuances- 1.20 Judgement 1.00-----2.20
Appeal Bond- .60 Appeal - 1.60-------2.60
Tarc?Tase?Tax?---- 1.625 1.625
$8.825
Sheriff and Carwood- arrest and Bail Bond 1.70
1.25
Cause and Jury . .45
J.H. Maury 2.50
$13.025
