John Doe (ex dem) of Breading & Blake vs Richard Roe (tent poss.) A. Cornalia

John Doe (ex dem) of Breading & Blake vs Richard Roe (tenant possession) Antoine Cornalia

Description:	On April 12, 1819 the complainant by Thomas H. Blakes attorney was filed in the office of the clerk and was a declaration stating that the plaintiff was ejected from the property that contained one messuage (dwelling house), a barn and a stable on 160 acres with the appurtenances lying, and being situated on the Wabash River below the town of Vincennes, fronting the said river and running east to the pond adjourning on the lower side by lands claimed by Jacob Deline and on the upper side of lands claimed by W. Vallie Sr. in the said county which William Breading & Thomas H. Blade said that John Doe had demised for a term which is not yet past. That the defendant did enter with force and force the plaintiff from this farm and did harm and great damages to the said John Doe, per his attorney Thomas Blake. On a motion of the defendant by his attorney, it was ordered by the court that the plaintiff show why a new trial should not be granted. On February 10, 1820 the reason for a new trial was filed in the ejection case Breading & Blake vs Antoine Cornelia. The reasons given are as follows: the first verdict was contrary to law and evidence of plaintiff should have proven defendant was in possession of property of premises described in his declaration. Second plaintiff should have proven themselves to have had possession at the time and should have proven legal right of possession and legal rights of property to actual enter and actual ouster and actual lease should have been proved. In the February term 1820 in the trial the plaintiff offers evidence of a certificate from the law office dated February 11, 1820 which states that 68 acres and 16 perches in the lower prairie was confirmed to Louis Denoyou, signed John Badollet R.L.O. The defendant objects and it is overruled by the court and the certificate was admitted as evidence to which opinion the court on February 17, 1820 orders that the plaintiff is to recover from the defendant the said messauge, barn, stable and 160 acres with the appurtenances of land plus damages and costs and charges. The defendant files an appeal and it is granted on his entering a bond to the clerks offices in 30 days and court approves Nicholas Byargon on a security bond. The transcript was filed April 24, 1820 by R. Buntin C.C.K.C.
Origin:	2016-10-08
Created By:	Indiana. Circuit Court (Knox County);
Contributor(s):	Doty, Jonathan;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/15374
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Depositions -- Indiana Territory Farms -- Indiana Territory Landlord and tenants -- Indiana Territory Lawyers -- Indiana Territory Objections (Evidence) -- Indiana Territory Outbuildings -- Indiana Territory Petitions -- Indiana Territory Writs -- Indiana Territory Judgments -- Indiana Territory Court Records

Further information on this record can be found at its source.