Berry, William vs Daniel Grass

Description:	Joab Garrett, Francis Morton, Bedent Beard, Daniel Grass and William Berry sign a verification to improvements made. The document was signed on April 9, 1808. They verified to the improvements made to the property now owned by Captain Berry. They verify that the buildings were worth $36, the improved land at $8 per acre, fencing at one dollar per hundred for a total of $79.08. A survey of the land cleared by William Berry on which David Grass lives is filed. It was found to contain 3 acres, seventy poles and 1558 rails around the plantation. The survey was signed by James Meed on June 2, 1808. Johnston, P.O. states that Daniel Grass refuses to pay William Berry and asks for $100 damages during the November term of 1808. William Berry complains of Daniel Grass in custody that on April 9, 1808 at Vincennes, Daniel Grass was indebted to William Berry for the sum of $79.80 for work and labor performed by William Berry for Daniel Grass and that Joab Garrett, Francis Morton, Bedent Beard and James Meed are witnesses to the act. He states that Daniel Grass owed William Berry $36 for Williams buildings and $8 an acre for the improved land also $1 per hundred for the rails. That Berry cleared 3 acres of land, that 70 poles and 1558 rails were placed. He states that Daniel Grass agreed to pay the $79.08 but has not paid as of September 1, 1808. A deposition of James Meed was given before James Baird of Hartford, Ohio County in the clerks office on April 12, 1809. The deposition was signed by James Baird Jr. J. O. He states he made a tender on a horse to William Berry against the cost of improvement on property contract. A deposition by James Meed states he does not recall giving one of the partners a list. He is asked if he agreed to tender a horse to William Berry for improvements made. He states he agreed and also said he would take a cow and or calf also to cover the cost of improvement. A deposition of Joseph Hamilton Daviess and James Meed were taken in the clerk office at Hartford, Ohio County, Ky before James Baird, J.P. on April 12, 1809. A deposition of Bedent Baird is filed. He states he was called upon by James Morton and Joab Garnett to give his opinion on the value of the cleared land. He states $8 is what he thought should be paid. He states William Berry asked David Grass to sign the agreement but he refused. William Berry asks Mr. Beard if he recollected hearing Berry offer to take payments of cows and calves to pay the $8 owed. The deposition was filed June 21, 1809 before Benjamin Duncan, J. P. A summons is issued September 2, 1808 for Daniel Grass to come to court the last Monday of November 1808 to answer unto William Berry on a plea of trespass with $100 damages added. The summons was executed by James Crow, Deputy Sheriff with cost to serve listed as $6.58. An agreement of William Berry and Daniel Grass to allow a deposition of Joab Garrett and Samuel Harker to be given to Daniel Grass and to be read in the Common Pleas court is filed. If Grass cannot take the deposition then it is agreed that Thomas Spencer will hear the deposition. The agreement was signed September 16, 1809 by William Berry, Daniel Grass and witnessed by John Lewis. John Daviess on September 25, 1809 stated he will take questions for William Berry. Daniel Grass asks for a dedimus on October 15, 1808. The dedimus is to be obtained and sent to the Yellow Banks P.O. in Ohio County, Ky. The dedimus is to take the deposition of Joseph Daviess before Anthony Thompson, Nathan Rogers and Benjamin Dunkin. Joab Garrett and James Young are summoned to be witnesses on his behalf. Daniel Grass asks the dedimus be sent soon as William Daviess is possibly leaving Ky for Notches. A subpoena and dedimus for Joab Garrett is filed by John Rice Jones. A summons is issued on October 17, 1808 for 2 judges to hear testimony of Joseph Hamilton Daviess. A deposition of Joseph Hamilton Daviess is taken the second Monday of April at the clerks office at Vincennes. A deposition of Francis Morton is taken before Benjamin Duncan J.P. Ohio County Ky at the house of Eli Bell on September 16, 1809. A deposition of Joab Garrett is taken before J .P. of Ohio County Ky. A deposition of Samuel Harker before Benjamin Duncan, J. P. at the house of Eli Bell on September 25, 1809. a deposition of James Young is taken on September 16, 1809 before Benjamin Duncan J.P. A deposition of James Smuthers and Mason Jones is taken on September 16, 1809 before Benjamin Duncan at the home of Eli Bell. A deposition of Eli Bell and Anthony Thompson is taken at the house of Mathew Rogers on November 20, 1809. The court finds on November 28, 1809 that the defendant Daniel Grass owes the plaintiff William Berry the sum of $34 in a horse not to exceed the age of ten years or in value of said in cattle, hogs valued to be determined by 2 good men and if they cant agree a third man will be needed. Each party is to pay 1/2 of their costs and Grass is to comply with the award. The award is signed by Jonathan Johnson, General W. Johnston and Will Jones.
Origin:	2018-05-14
Created By:	Indiana. Court of Common Pleas (Knox County);
Contributor(s):	Decker, Luke; Leech, George; Johnson, James;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/23890
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Accounts -- Indiana Territory Cattle -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Contracts for work and labor -- Indiana Territory Costs (Law) -- Indiana Territory Damages -- Indiana Territory Depositions -- Indiana Territory Depositions -- Kentucky Farms -- Indiana Territory Horses -- Indiana Territory Judgments -- Indiana Territory Lawyers -- Indiana Territory Horses -- Indiana Territory Outbuildings -- Indiana Territory Personal debt -- Indiana Territory Summons -- Indiana Territory Witnesses -- Indiana Territory Court Records

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