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Thomas P. Ackerman
vs.
George W. Sumner & Charles Douglas
1870

Source:  Loose Record # 196

Transcribed by Peggy Ackerman

© 2002


Sumner County Chancery Court, 1870 - from Loose Record #196

Complainant Thomas P. Ackerman, a citizen of Sumner County, would show unto the court that he made a contract with one George W. Sumner to erect for him at Hendersonville a storehouse. The then said Sumner agreeing to do the work on said house for $291.56. In assurance with said contract the said Sumner commenced work on said house and progressed some distance with it when he quit and now says he will not do anymore work on it. Complainant would show the court that before and during the progress of the work he provided the said Sumner with goods and articles out his store and boarded hands and paid for hands the sum of $231.68 and he also let the said Sumner have a cow & calf at $32.50, the buggy & harness at $50. The understanding and agreement be at the time that said articles were furnished that they were to go in pay for the work done on the house.

Complainant would show the court that the said Sumner who is entirely insolvent as soon as he got possession of the cow & calf & buggy & harness pretended to sell the same to his brother-in-law C G Douglas for $60 and as he has understood took the said Douglas's note for the same due in six months and now refuses to go and finish his work or pay him for the articles furnished him after deducting the value of the work he did do. Compainant charges that the sale to Douglas of the cow & calf and buggy & harness is fictitious and was in fact no sale at all as the said articles are still in the possession of the said Sumner or his wife who has a separate estate. He likewise charges that the note of Douglas is still held by the said Sumner or his wife.

Complainant has no way to secure the amount the said Sumner is indebted to him except he is permitted to submit the buggy & harness & cow & calf to the payment of the same. Or in the event the sale of the said Sumner to the said Douglas bona fide then to seek the amount the said Douglas agreed to pay for them.

Complainant has had the work done by the said Sumner examined and valued by a competent workman and the value of this comes to $98 in addition to which complainant is indebted to him for making a gate and for 30 window lights and for one half of work amounting he supposes to come____ to fifteen dollars, making the whole amount Complainant is indebted to the said Sumner the sum of $113, which taken from that the said Sumner is indebted to him leaves the sum of $198.80 for the recovery of which Complainant from the fact that the said Sumner is likely insolvent as _______ and will lose the whole of it unless he can subject the buggy & harness & cow & calf to part pay of the same which he charges is still the property of said Sumner and that no bona fide sale was ever made to Douglas. Or if these be there he has a right to have whatever amount the said Douglas owes for the same applied to his debt.

If as Complainant is asking that the said Geo. W Sumner and G S Douglas both citizens of Sumner County be made defendants let them answer and state who now owns and claims the buggy & harness & cow & calf and how they obtained the same. Let them state how much the said Douglas agreed to give for them and when the same was to be paid and whether he gave a note for the same and who now holds said note. And in the meantime Complainant asks that writs of attachment ipen. (?) be directed to the sheriff of Sumner County commanding him to attach said buggy & harness & cow & calf and hold the same subject to the order of the court in this case. And he likewise prays that writs of injunction appended restraining the said Douglas from paying over to the said Sumner or anyone else whatever amount he may be indebted for said articles and that said Sumner be injoined from seeking to dispose of or collect the same.

And as the end Complainant prays that said buggy & harness & cow & calf be sold and the proceeds applied to his debt. And in the event the sale to Douglas shall be declared valid in that event he prays that the amount due from Douglas shall be applied to his said debt for which he asks a decision. This is the first application for writs of attachment and injunction in this case.

G W & B L Allen,
Soliciters


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