Oliphant, John and Andrew and Company vs. Nathaniel Ewing administrator of Andrew English deceased

Olliphant, John and Andrew and Company vs. Nathaniel Ewing administrator of Andrew English deceased

Description: The file contains five documents related to the suit John and Andrew Oliphant and Company brought against Nathaniel Ewing as the administrator of the estate of Andrew English. One document is the Complaint, one transcript of the judgment made in the court of Common Pleas in Fayette County Pennsylvania, a response of Nathaniel Ewing to the suit, the request for a trial by the Plaintiffs, a summons for Nathaniel Ewing to appear in the Knox County Court of Common Pleas and the court cost bill of the Oliphants. In a Complaint filed in the Knox Court Court of Common Pleas during the May Term 1813, John and Andrew Oliphant and Company by their attorney, John Johnson, complained of Nathaniel Ewing administrator of Andrew English deceased, in custody and in a plea that he render to them the sum of $161.83 1/4 which he unjustly detained. John and Andrew Oliphant in the court of Common Pleas of the county of Fayette in the Commonwealth of Pennsylvania before Samuel Roberts, Esq, held in January 1811 by the consideration of the said court did recover against Andrew English for damages and costs where Andrew English was convicted and one dollar fifty cents clerk fees for the transcript of said judgment. Plaintiff brings the said transcript of court proceedings: Damages of Plaintiff $150.00 J. Johnson. Interest from the 24th day of January 1811. We of the jury find the debt in the declaration and twenty-two dollars and fifty cents in damages. Wilson Lago The second document in Court of Common Pleas of Fayette in Commonwealth of Pennsylvania, August Term 1810 No. 35. Before Honorable Samuel Roberts Esquire President. On 15th day in June 1810, John and Andrew Oliphant and Company by their attorney John Kennedy Esq. and sued out of the Office of the Prothonotary of Court of Common Pleas for the county, certain Foreign Attachment in debt. We command you that you attach Andrew English, late of your county, yeoman, by all and singular his goods and chattels what so ever and in whose hands and possession the same may be found. So that he be and appear before our Judges at Union Town to be held on the third Monday of August next to answer to John and Andrew Oliphant and Company of a plea of debt not exceeding four hundred dollars by single bill and book account. Witness: the Honorable Samuel Roberts Esquire at Union Town the thirteen day of April 1810. Richard William Lane, Prothonotary. Return on writ June 15th 1819 attached two bales of cotton one No. 6 weight 313 pounds; No. 4 weight 404 pounds, and 6 dollars in cash at Court of Common Pleas held 25th January 1811. John Oliphant and filed a statement of claim. To note passed 13th March 1809 amt $98.88. To interest on Do 1 year 10 months and 12 days; Interest on George Wallaces note $10.22; assigned am $78.00 from 10th Feb 1808 until July 1810 2 years, 5 months $11.31. 1809, May 30 to cash paid John Emery $2.06 1/4. To one barrel of tar 33 gal dd Elijah Clark at Brownsville $15.51; 1 barrel containing do $.80. Cash a fee to T. Meaion Esq $8.00 24 Jany 1811 $146.78 1/4. John Oliphant swore this s statement was just and true and no part had been paid. signed John Oliphant. Sworn before Abraham Stewart Justice of the Peace 25th of January 1811. On motion of Plaintiff by John Kennedy, it was considered by the court that John and Andrew Oliphant and Company have Judgment against Andrew English in the sum of $146.78 and cost for expenses. Court costs: Prothonotary $4.13; Attorney $4.00; Sheriff $5.42: Total $13.55. Statement by Richard William Lane, Prothonotary of Court of Common Pleas Fayette County that above is a true and faithful narrative. The cotton has been adjudged the property of Valentine Giesay and Company 13th day of January 1812. Signed statement of Sam. Roberts that transcript is accurate. 25th day of February in year written. Document three, the response of Nathaniel Ewing, May Term 1813. He defended the wrong and injury and stated he had fully administered all and singular goods and chattel which were of Andrew English at the time of his death, except a box of tea and asked for Judgment. The Plaintiff put themselves on the county. Nathaniel Ewing was summonsed as the admin. of Andrew English to appear the third Monday of May inst. to answer unto the Olliphant Company on a plea that he render to them the sum of $161.83 which he detained from them and asked for damages of $150.00. The Summons was witnessed by Robert Buntin, Clerk, May 3, 1813. On the verso of the Summons; I acknowledge the within writ to have been served on me. Nath. Ewing May the 15. Executed by P. Beckes, Sheff KC. The court cost document totaled $41.30. According to the Minute Book of the Knox County Court of Common Pleas 1811-1817, page 89, the Plaintiffs appeared by John Johnson and the Defendant in his proper person. The Jury : Willson Lago, David Willson,James Black, William Coleman, Samuel Thorn, William Stewart, Hugh Kelly, Thomas Jones, Robert Jones, William H. Dunnica, Thomas Martin, and David Reel. They found for the Plaintiffs the debt in declaration and twenty dollars and fifty cents in damages.
Origin: 2018-09-28
Created By: Indiana Territory. Court of Common Pleas (Knox County);
Contributor(s): Decker, Luke; Beckes, Benjamin; Westfall, Abraham;
Source: http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/25518
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
Attachment and garnishment -- Indiana Territory
Complaints (Administrative procedure) -- Indiana Territory
Costs (Law) -- Indiana Territory
Court records -- Indiana Territory -- Knox County
Executors and administrators -- Indiana Territory
Cotton -- Indiana Territory
Summons -- Indiana Territory
Court Records

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