Wilson, Walter and Daniel Sullivan vs John Huffman

Description:	A dispute over ownership of Jacob Tevebaugh, the youngers property. Jacob Kuykendall, John Caldwell and Elias McNamee are appointed arbitrators to determine the dispute between Walter Wilson and Daniel Sullivan on one side and John Huffman on the other side. This dispute is over a tract of land situated in Knox County and granted to the heirs of Jacob Tevebaugh, the younger, deceased. After hearing evidence the land was awarded to John Huffman. Walter Wilson and David Sullivan state they have deed of conveyance to the land and it has been recorded. Huffman claims title under John Harbin who purchased the property at a sheriffs sale upon an execution against Jacob Tevebaugh, the elder, Huffman states the deed is fraudulent and was written by Etheldred Bass 3 or 4 years past. He states that Jacob Tevebaugh, the younger, deeded the land to Jacob Tevebaugh, the elder, in the event of death and vice versa. They did this to keep the property from Harbin in the year February 1809. Peter Jones and Robert M. Evans lawyers for Wilson and Sullivan state why they feel the property should go to them. A recognizance bond for Daniel Sullivan and Walter Wilson, who are firmly bound unto John Huffman for the sum of $1000 is filed February 17, 1810. The bond is over 100 acres of land belonging to the heirs of Jacob Tevebaugh, the younger,deceased laying on the waters of Wilson Creek where Jacob Tevebaugh, the elder, now lives. This bond will be void upon delivery of arbitrators on the third Monday of March 1, 1810. This bond is signed before H. Hurst and G. W. Johnston and signed by Dan Sullivan and Walter Wilson. Jonathan Caldwell, Jacob Kuydendall and E. McNamee arbitrators award the 200 acres of land to John Huffman on February 24, 1810. An appeal is filed by Wilson and Sullivan over the award for the following reasons: arbitrators error in admitting oral testimony to prove existence of deed, deed between Jacob Tevebaugh the elder and younger was not recorded, the deed of Wilson and Sullivan was recorded, real property cannot be transferred by an award, the award is voided as no action was given to Wilson and Sullivan, award does not follow submission, copy of award was not delivered as statue directs. George Leech and James Johnson council for Wilson and Sullivan moved to set aside the award. James Johnson and George Leech hear appeal by H. Hurst, attorney for Wilson and Sullivan and asks that they include part of the statements in the court records. The court refuses to hear their bill of exception. James Johnson and George Leech say Wilson and Sullivan proved their appeal by testimony of Jacob Kuykendall in which he was governed in making and which was over ruled during the March 1810 court term.
Origin:	2018-06-01
Created By:	Indiana. Court of Common Pleas (Knox County);
Contributor(s):	Johnson, James; Leech, George;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/24312
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Affidavits -- Indiana Territory Arbitrators -- Indiana Territory Bonds -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Judges -- Indiana Territory Land titles -- Registration and transfer -- Indiana Territory Lawyers -- Indiana Territory Objections (Evidence) -- Indiana Territory Personal property -- Indiana Territory Petitions -- Indiana Territory Subpoena -- Indiana Territory Summons -- Indiana Territory Witnesses -- Indiana Territory Verdicts -- Indiana Territory Court Records

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