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Dillard, Gabriel vs John E. Smith, 1842 - 1843 – Motion


Transcribed by Jan Johnson Barnes

©2000


TSL&A Microfilm #50
Sumner County Clerk Minutes
February 1843-June 1846


Page 34

Gabriel Dilliard vs John E. Smith Motion

This day came the plaintiff by his attorney and filed in open court the following proceeding had before a Justice of the Peace to with State of Tennessee Sumner County To any lawful officer to Execute and return I command you to summon John E. Smith to apear before some Justice of the Peace for said County to answer Gabriel Dilliard in a plea of debt due by note for fifty Dollars; fail not Given under my hand this 1st day

Page 35

of October 1842. S. Kirkpatrick J.P.

Executed J. Clendenning C.S.C.

Judgment against the Defendant for Fifty dollars with Interest from the 1st of Sept last and legal costs Given under my hand the 4th October 1842.

S. Kirkpatrick J.P.

 

Gabriel Dilliard vs. John E. Smith

The plaintiff swears that he believes it is the intention of the Defendant against whom he has this day obtained a Judgment for fifty dollars and costs to defraud him of his debt by removing his property or concealing the same so that the ordinary process of the law cannot get hold of it this 4th October 1842.

Sworn to before me S. Kirkpatrick J.P. Gabriel Dilliard

 

$50.00 One day after date I promise to pay Gabriel Dilliard on Order fifty dollars for value ru/su? (this has a short hand writing over it) as witness my hand & Seal this Sept 13th 1842.

Jno. E. Smith (Seal)

 

State of Tennessee

Sumner County

To any lawful officer to execute & return

You are hereby commanded that of the goods chattels, lands & tenements of John E. Smith if to be found in your county you cause to be made the Sum of Fifty Dollars with Interest from the 13th of September last and legal costs which is the amount of a judgment Gabriel Dilliard obtained against said Defendant before me on the 4th day of October 1842 fail not Given under my hand this 28th February 1843.

S. Kirkpatrick J.P.

No personal property to be found my in my county to satisfy the within

Execution this 28th of February 1843. J. Clendenning S.C.S.

 

levied the within Execution on twenty acres of land of the Defendant in District No. 9 in Sumner County adjoining the lands of Robert Watkins, Geo Martin & others also all the Interest the Defendant has in and to One hundred & fifty acres of land in District No. 9 in said County adjoining the lands of Robert Watkins Wm Montgomery Geo Martin & others on the Waters of Drakes Creek of Cumberland River also his interest in Sixty acres of land in District No. 8 in said County adjoining the lands of Sarah Willis W.P. Smith & others lying on the Nashville & Gallatin Turnpike Road this 28th of February 1843.

J. Clendenning C.S.C.

Whereupon on Motion of the Plaintiff by his attorney It is ordered by the court that said land be condemned and sold for the satisfaction of said Judgment and the cost of this motion and that Venditioni Exponas issue.


Sumner County, Tennessee Selected Court Records Index

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