Noah Purcell and others heirs of Jonathan Purcell (deceased) vs Robert Buntin and Francis Vigo

Description:	In the October term of 1816 a writ of revival and a summons is issued in the name of the heirs. Walter Taylor is chancellor of Chancery Court and he states that in February 1800 an agreement was made between the parties of an exchange of land of Jonathan Purcell to take land situated in the prairie above Vincennes, which plaintiff did purchase of Francis Vigo and which he held to the said Vigo title. The tract of land contained 160 arpents by French measure out of a large tract of land which the defendant claimed above the little rook on the Wabash just above where Fort Knox now stands. The plaintiff consented to the proposition made by the defendant provided the tract survey of the tract possessed by defendant to be given should commence at Joseph Bairds upper corner in the bank of the Wabash running at right angels with Bairds line, 1 mile so that it did not cross a creek called Small Creek and on to complete the mil square. The plaintiff states he erected a building, cleared near 57 acres of ground and fenced nearly 100 acres at his cost. The defendant states he did hire Luke Decker to survey the 140 acres of land and with the assistance of the defendant a dividing line was established between Purcells property and Joseph Bairds property. The defendant did not give over title of conveyance that was to have been given to Purcell by Francis Vigo, The defendants did demolish buildings on said property Purcell had constructed. In 1808 defendant files a writ against plaintiff which denied defendants having a contract for the property and at direction of the defendant the Sheriff did sell the land at public auction to General W. Jonathon and George Wallace Sr. A bill was filed by purchaser against Francis Vigo for title of said bond. They dismiss their bill for the land and Purcell demands title of the land from defendant for 640 acres. Charges by plaintiff state that Robert Buntin will not state if conveyance was or was not set up with Purcell and will not stay true to the stories on said property or file records of land purchased. Francis Vigo is also accused of also offering the land to Dr. Samuel McKee. A complaint is filed to take the case to court in April 1818. Robert Buntin and Francis Vigo file in the office of clerk their response to the complaint filed by the heirs of Jonathan Purcell deceased. The heirs of Jonathan Purcell state that Francis Vigo on January 13, 1797 then contrived to convey to said Jonathan Purcell deceased, a tract of land in Uper Prairie near Vincennes of 3 arpents, fronting the woods to river and three from the Elm Rd and 40 arpents deep French measure same as lands above General Harrisons lands and executed his land title to Jonathon Purcell who had paid Vigo for said land and that Vigo understood that said Purcell and Buntin made a contract to exchange certain lands by where as Purcell was to convey to Buntin by deed of exchange the said tract of land and receive in lieu there of Buntin a tract of land near Marie Creek in Knox Co. where Purcell lately lived. Purcell presented title to Buntin who refused it. Jeremiah Claypoole testified he heard that Purcell was to give 1 acre of land for 4 of Buntins in exchange. R. Buntins replies to complaint that he and Purcell had entered into a parole contract. He states he was to give Purcell 4 acres of land near Marie Creek for every one contained in the tract of land of Purcells or 4 arpents for 1 and 16000 rails were to be delivered on to the prairie land with in the 3 years from time of contracting the agreement. If in default of the agreement the property was to revert back to its previous owner. He states that he did destroy the decayed buildings on the property. He states Purcell did not deliver the rails so he failed to hold up on his agreement. In July 1818 a writ of subpoena is issued for R. Buntin and Francis Vigo to bring them to court to answer charges by heirs of Jonathan Purcell. Parties to appear at the October 1818 court, continued to February 1819 at which time the judges ask clerk to copy all papers in the case and present original papers then to the Supreme Court Clerk.
Origin:	2016-10-06
Created By:	Indiana. Supreme Court; Indiana Territory. Circuit Court (Knox County)
Contributor(s):	Raymond, David; Taylor, Wallis; McCall, James; Polke, William; Graeter, J.;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/15343
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Indiana Affidavits -- Indiana Territory Bail -- Indiana Territory Bonds -- Indiana Territory Breach of contracts -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Covenants -- Indiana Territory Court Records

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