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Thomas Wilson
vs.
Hugh McAden
1844

Source:  TSL&A Microfilm #A5164
Sumner County Probate Records (County or Chancery Court)
Loose Records vol. 12196 - 12412
Loose Record #12361

Transcribed by Jan J. Barnes
© 2005

At a Circuit Court began and and held for the County of Shelby at the Court house in Raleigh on the 1st Monday in October 1844 present the Hon. Wm. H. Loving Special Judge etc. presiding in the absence of the Hon. W. C. Dunlap Judge of the 11th Judicial Circuit of the State of Tennessee on Monday the 14th of said month and 7th of said Term the following is of record to with
Thomas Wilson
vs.
Hugh McAden  Constable
Wm. T. Reaves & Aquilla Redditt his securities.    }  Judgt. on Motion
                                                                                        This day came Thomas Wilson the plaintiff
                                                                                        by his attorney and
moved the court for a judgement against the defendant Hugh McAden as constable for Shelby County and William T. Reaves & Aquilla Redditt the securities for said constable for money collected by said McAden as constable as aforesaid and executions issued by Thos. Lee Smith a Justice of the Peace for said county in favour of the plaintiff on the following judgements rendered by said Smith as justice of the peace for said County on the 10th day of February A. D. 1843 to wit:  and judgement in favour of plaintiff against Nathaniel W. Dandridge for thirty dollars and 82 cents one other against said Dandridge for the sum of forty dollars and 59 cents one other against said Dandridge for seventeen dollars and 46 cents one other against said Dandridge for fifteen dollars and 50 cents.  Also on two judgements in favor of plaintiff rendered by said justice of the peace in said County on two notes one under seal against Fletcher Taylor dated 25th February 1843 one judgement for the sum of fifty eight dollars and 33 cents on the note under seal the other against said Taylor for the sum of ninety three dollars and 75 cents.  Also on one judgement rendered by said justice Smith in favor of the plaintiff against T. H. Dandridge on the 25th of March 1843 for the sum of four dollars - And it appearing to the satisfaction of the court that executions were issued on each of the above named judgements for the amounts of each respectively by said Smith a justice of the peace for said county in favor of the plaintiff and against the respective defendants and that said executions came to the hands of said McAden as constable as aforesaid and that as such he collected sums of money mentioned in each of the said executions before the 1st day of January A. D. 1844 making the total amount of money collected on said executions by said constable in favour of the plaintiff the sum of two hundred and seventy eight dollars and eighty two cents on this first day of January last at which time defendant paid the plaintiff forty three dollars and 50 cents leaving a balance after deducting said forty three dollars and a half in the hands of defendant and belonging to plaintiff collected as aforesaid to the sum of two hundred and thirty five dollars and thirty five cents on said 1st of January.  And it further appearing to this court by a copy of the bond of said constables produced to this court that at the time said money was so collected William T. Reaves and Aquilla Redditt were his securities for the performance of his official duties as such constable and that said constable has been legally notified in this behalf by waiving such written notice as the law requires more than five days before the commencement of this court that a motion would be entered in this court on this day against him the said defendants for the non payment of the money by him so collected and not paid over to the plaintiff and it also appearing to the court that said money so collected by said constable has not yet been paid to this plaintiff upon application as the law in such case requires - It is therefore considered by the court that the plaintiff recover of the Defendants Hugh McAden, Wm. T. Reaves & Aquilla Redditt his securities the said balance of two hundred and thirty five dollars and thirty two cents with the further sum of twenty three dollars and twenty nine cents interest by way of damages at the rate of twelve and one half per cent from the first day of January last the time when said money was collected and should have been paid over to the plaintiff and the costs in this behalf accruing.

State of Tennessee  } I Saml. R. Brown Clerk of the Circuit Court of said
Shelby County          } of the Circuit Court of said

                                    County do hereby certify that
the foregoing motion and judgement of Thos. Wilson to H. McAden & Wm. T. Reaves & Acquilla Redditt is a true and perfect copy from this record of the same now in my office - Given under my hand at office October 25th 1844.
                                    Saml. R. Brown NR
                                    By J. C. Waddell DC

State of Tennessee }
Sumner County       } I John L. Bugg Register of said County do certify that the written Judgement and certificate are duly Registered and Examined at my office in Book Z Page 180 this 8th November 1844.
                                  John L. Bugg Regr.
                                  By Jas. Bertrand DR


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