Search billions of records on Ancestry.com
   


Lemuel Bowers
vs.
Rolls Perry, 1816

TSL&A Microfilm Roll  #A-5164
Loose Record #12395

Transcribed by Jan J. Barnes
©2004

State of Tennessee
Sumner County        To the Sheriff of said County, GREETING.
You are hereby commanded to take the body of Rolls Perry (if to be found in your county) and him safe keep, so that you have him before the Justices of our County court of Pleas and Quarter Sessions to be held for Sumner county on the fourth Monday in August next, then and there to answer Lemuel Bowers of a plea of tresspass on the case of damage Two Hundred dollars
Herein fail not, and have you then there this writ:  Witness David Shelby Clerk of our said court at Office the fourth Monday in May in the year 1816 and 40th year of American Independence.
David Shelby Clk

Know all men by these presents that we Lemuel Bowers & John H. Bowers are held and firmly bound unto Rolls Perry in the penal sum of Two hundred and fifty dollars, to be void on condition that Lemuel Bowers doth with effect prosecute a suit by him this day commenced against the said Rolls Perry otherwise pay and satisfy all costs and damages that may be awarded for failure.  Withness our hands and seals this 29th day of June 1816.
Test
D. Shelby                              Lemuel Bowers  (Seal)
                                              John H. Bowers  (Seal)

State of Tennessee
Sumner County               August Session 1816
Lemuel Bowers by his attorney complains of Rolls Perry in custody etc. in a plea of trespass on the case for that whereas on the (left blank) day of July 1816 in the County aforesaid the said plaintiff was legally possessed of a certain dark chesnut sorrel horse of the value of one hundred & fifty dollars as of his own property and being thereof possessed afterward to wit, on the same day and year aforesaid in the county aforesaid casually cast the aforesaid sorrel horse out of his hands and possession which said sorrel horse came to the hands & possession of the said Rolls Perry by finding.  Nevertheless the said Rolls Perry well knowing the said sorrel horse to be the horse of him, the said Lemuel Bowers etc. to him of right to belong at the often requested to wit, at the County aforesaid would not deliver said horse to said Lemuel.  But afterwards to wit, on the (left blank) day of July 1816 converted & disposed of said horse to his own use wherefore the plaintiff says he is injured and hath sustained damage to the amount of two hundred dollars & thereupon he brings suit.
John H. Bowers
Attorney for plff

State of Tennessee, Sumner County
To the Sheriff of Sumner county, GREETING,
You are hereby commanded to summons Thomas Powel personally to be and appear before the justices of the county court of pleas and quarter sessions to be held for Sumner county, at the court house in the town of Gallatin, on the fourth Monday in Nov. next, there to testify and the truth to say in behalf of Lemuel Bower in a certain matter of controversy in said court, depending wherein Bower plaintiff and Rols Perry defendant and this he shall no wise omit, under penalty of one hundred and twenty-five dollars, Herein fail not.  Witness David Shelby, clerk of said court, at office, the fourth Monday in (left blank)
Anno Domini 1816 and 41 year of American Independence.
David Shelby Clk

State of Tennessee, Sumner County
To the Sheriff of Sumner county, GREETING.
You are hereby commanded to summons Norfleet Perry, James Byrn, Junr., Edw'd Phillips personally to be and appear before the justices of the county court of pleas and quarters sessions to be held for Sumner county, at the court house in the town of Gallatin, on the fourth Monday in February next, there to testify and the truth to say in behalf of Rolls Perry in a certain matter of controversy in said court depending wherein Lemuel Bowers plaintiff and said Perry defendant and this they shall no wise omit, under the penalty of one hundred and twenty-five dollars, Herein fail not.  Witness David Shelby, clerk of said court, at office, the fourth Monday in November.
Anno Domini 1816 and 41st year of American Independence.
David Shelby, Clk

State of Tennessee, Davidson County
To the Sheriff of said county, Greeting.
You are hereby commanded to summons James P. Downs personally to be and appear before the justices of the county court of pleas and quarter sessions to be held for Sumner county, at the court house in the town of Gallatin, on the fourth Monday in November next, there to testify and the truth to say in behalf of Lemuel Bowers in a certain matter of controversy in said court, depending wherein Lemuel Bowers is plaintiff and Rolls Perry is defendant and this he shall in no wise omit, under the penalty of one hundred and twenty five dollars, Herein fail not.  Witness David Shelby, clerk of said court, at office, the fourth Monday in August
Anno Domini 1816 and 41st year of American Independence.
David Shelby Clk

State of Tennessee, Sumner county,
To the Sheriff of Sumner county, GREETING.
You are hereby commanded to summons Josiah Perry, James Byrn personally to be and appear before the justices of the county court of pleas and quarter sessions to be held for Sumner county, at the court house in the town of Gallatin, on the first Tuesday after the third Monday in (left blank) next, there to testify and the truth to say in behalf of Rolls Perry in a certain matter of controversy in said court, depending wherein Lamuel Bowers is plaintiff and said Perry is defendant and this he shall in no wise omit, under the penalty of one hundred and twenty-five dollars, Herein fail not.  Witness David Shelby, clerk of said court, at office, the third Monday in February
Anno Domini 1817 and 42nd year of American Independence.
David Shelby Clk

State of Tennessee, Sumner county,
To the Sheriff of Sumner county, GREETING.
You are hereby commanded to summons William Baker personally to be and appear before the justices of the county court of pleas and quarter sessions to be held for Sumner county, at the court house in the town of Gallatin, on the fourth Monday in November next, there to testify and the truth to say in behalf of Lemuel Bowers in a certain matter of controversy in said court, depending wherein Lemuel Bowers is plaintiff and Rolls Perry is defendant and this he shall no wise omit, under the penalty of one hundred and twenty-five dollars, Herein fail not.  Witness David Shelby, clerk of said court, at office, the fourth Monday in August
Anno Domini 1816 and 41st year of American Independence.
David Shelby Clk

Lemuel Bowers                              November Term 1816
vs.
Rolls Perry
Will Trigg Junr. who is agent for the Defense and is also interested in the above suit maketh oath that he indemified the officer who sold the property that is now  subject matter of controversy in the above case, said Perry informed this affiant that he had employed or would employ an attorney to attend to said matter; that said Perry is gone to some of the lower countries that this affiant promised said Defendant to attend to the above case for him; that this affiant is informed and believes that the Defendant can get the judgment by default in this case set as ordered & have a trial on its merits the Plaintiff cannot recover one cent that this affiant expects to prove by the confession of the Plaintiffs & John Perry the person who sold the horse which is the subject matter of dispute in this case to the Plaintiff that said sale was made in order to defraud the creditors of said John Perry -   Wm. Trigg Jr.
Sworn to in open court
29th Nov 1816
Test D. Shelby Clk

May Session 1818
Lemuel Bowers
vs.
Rolls Perry
Will Trigg who is agent for the Def't makes oath that James Byrn whould be a material witness for the Def't on the trial of the above case; that said Deft. is absent in the lower countries on business of importance; that this affiant is interested in this case; that said if witness was present he expects to prove by him that the sale of the horse in dispute By John Perry to the Plaintiff is fraudulent & made for the purpose of defrauding the creditors of the said John Perry that this affiant was a creditor of the said John & had the horse in dispute sold to satisfy his demand & the Deft became the purchaser Now sd. value it has been satisf'd but does not offend in consequence of being in the army the United States that he expects to have the benefit of sd. witness's testimony about the next term of this court & that they can ensuance? is not prayed for delay but that justice may be done.

State of Tennessee  Know all men by these presents that we
Sumner County         Rols Perry
& (left blank)are held & firmly bound unto John W. Byrn off.? of said County in the pennal sum of four Hundred Dollars but to be void on condition that Rols Perry also make his personal appearance at  our next County Court to be held for the County of Sumner at the Court house in Gallatin on this fourth monday in August next there & there to answer Lemuel Bowers in plea of trespass on the case to his damage two Hundred Dollars & not Depart there from without law of said Court as witness our hand & seal
this 6th July 1816
R. Perry (Seal)
T. Taylor (Seal)
Edw'd C. Douglas (Seal)

I John W. Byrn Clk of Sumner County was assign the within obligation conditioned to the plaintiff therein named to be levied for acording to the statute in  such case maid & provided as witness my hand & seal this 6th July 1816.
John W. Byrn Clk (Seal)

State of Tennessee Sumner County
Know all men by these presents that we Rolls Perry Will Trigg & Samuel R. Blythe are held and firmly bound unto Lemuel Bowers in the penal sum of five hundred dollars to be paid to the said Lemuel Bowers his heirs executors or administrators to which payment well and truly to be made we bind ourselves our heirs executors & administrators jointly and severable firmly by these presents Sealed with our Seals & dated this 6th day of May Anno Domini 1818.
The condition of the above obligation is such that whereas in a suit brought by Lemuel Bowers against Rolls Perry in the County Court of pleas & quarter sessions held for the County aforesaid on the third Monday in May 1818 Judgment was provened by the plaintiff for sixty five dollars & costs
and whereas the said Rolls Perry
prayed and obtained an appeal from said judgment to the next Sumner Circuit Court to be held on the Second Monday in September next Now in case the said Rolls Perry doth well and truly prosecute said appeal with effect or in case he fail or be cast therein shall well & truly pay and satisfy all such costs & damages as shall be awarded against him by the said Circuit Court & also fulfil & perform the sentence judgment & decree of the said court that the above obligation to be void otherwise to remain in full form & virtue.
Rols Perry  (Seal)
by
Will Trigg  (Seal)
Will Trigg Jr.  (Seal)
S. F. L. Blythe (Seal)

Lemuel Bowers
vs
Rolls Perry
May 1818
The Defendant in this case prays an appeal to Nov circuit court of Sumner for the following reasons 1st Because the ___ in this case is contrary to evidence 2nd Because it is contrary to law which reasons I Wm Hadly attr. for the Deft do certify was sufficient for an appeal.


Sumner County, Tennessee Selected Court Records Index

Genealogist's Companion Main Page