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James Steel
vs.
James Perry
1804

Source:  TSL&A Microfilm #A5164
Sumner County Probate Records (County or Chancery Court)
Loose Records vol. 12196 - 12412
Loose Record #12360

Transcribed by Jan J. Barnes
© 2005

On or before the Sixteenth day of January next we or Either of us do promise to pay unto James Steele thi Just and full Sum of Fifty Six Dollars and Twenty five cents it being for value Rece'd of him --as Witness our hands and Seals this 29th day of October 1803.
Test                                                     James Perry
Isaac M. Bledsoe                               John H. Bush (Seal)

State of Tennessee
Sumner County
Known all men by these presents that we James Steel and Jas. L. Alexander of the County and State aforesaid are held and firmly bound unto James Pery the sum of one hundred and Twelve dollars to be paid to the aid James Perry his certain attorney heirs, Executors, Administrators assigns for which payment will and truly to be made and we do bind our Selves and each of us our heirs, executors, administrators, Jointly and Severally firmly by these presents Sealed with and Sealed and dated this 23 day of July 1804.

The condition of the above obligation is such that we hereas the above bound James Steel hath the day of the date here of payed an attachment against the estae of the above named James Perry for the sum of fifty Six dollars and hath obtained the same returnable to our next court of Pleas & Quarters Session for said county - now if the said Steel shall prosecute his said suit with effect or in case he fail therein sa___ will and truely pay and satisfy to the said James Perry all such costs and damages as shall be awarded and recovered against the said Steel in suit as to such that may hereafter be brought for wrongfully suing out this attachment then the above obligation to be void and of no effect etc.
                                                               James Steel  (Seal)
Test Matthew Alexander                     James C. Alexander (Seal)

Sumner County
              This is to certify that James Steel personaly apeared before me Matthew Alexander a Justice of the Peace for the County aforesaid and made oath that the acount is just and there as it stand stated and that the within named James Perry hath absconed or so concealed himself that the ordinary process of law cannot be leavied against him to the best of his knowledge and belief.
                                                              Matthew Alexander JP
July 23, 1804

State of Tennessee  )  To the sheriff or any qualified
Sumner Count          )  Constable of said County Greeting
Whereas James Steel hath complained on oath to Matthew Alexander Esqr. one of the Justices of the County Court of Sumner that James Perry is in debted to him the said James Steel to the amount of fifty six dollars on oath having been also made (page torn) the said James Perry hath removed out of your County or so asconded or conceald himself that the ordinary process of the law cannot be served on him and the said James Steel having given Bond and Security acording to the Directions of the Act of General Assembly in such case made and paid (page torn)

We therefore command you that you  attach the Estate of the said James Perry if to be found in your County or so match these repleveable on security so shall be of value sufficient to state if the said debt and costs acording to the complaint and witch Estate so atached in your hands to secure or provide that the same may be liable to further proceedings therefore to be had before a Justice of the peace for said County so as to compell the said James Perry to apear and answer the above complaint of the said James Steel when and where you shall make known to the said Justice how you shall have Executed this writ.  Given under my hjand and seal the 23 July 1804.
                                                               Matthew Alexander Esq.

Within attachment levied on one chest, one joiners tools & wearing apparrel levied by me Patrick Gibson this 23 of July 1804.

State of Tennessee
Sumner County, Sat Septr. Sessions
James Steel complains of James Perry whose property is attached by virtue of an original attachment etc. a piese of debt that he render unto him the just & full sum of fifty six dollars and twenty five cents which to him he owes & from him unjustly detains? for that whereas the said Plaintiff says that the said Deft. on the 29th day of October in the year 1803 at the State of Tennessee & County aforesaid by his certain note in writing together with one John H. Bush Sealed sealed with the seal of the Perry & Bush & to the Court now have shown the date whereof is on the same day & year aforesaid promised that they or either of them on or before the 16th day of January next after the date of the said note would pay unto James Steel the said sum of fifty six Dollars & twenty five cents it being for value received & the said Plaintiff in fact says that the said James Perry did not nor and the said John H. Bush pay to him the said James Steel within or before or since this said 16th day of January next after the date of the said note in writing the said sum of fifty six dolars and twenty five cents which according to the form & atest of the said note they or one of them ought to have paid Never the less the said Def't altho often required has not paid to him the said Pltff the said sum of fifty six dollars twenty five cents or any part thereof but the same to him to pay has & does refuse to the damage of the said Plaintiff 50 -- Dollars & therefore he sues etc.
                                                                    P. W. Humphrey 


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