Holmes, Robert vs. Abel Westfall

Holms, Robert vs. Able Westfall

Description:	The file contains five sets of documents related to the suit Robert Holmes brought against Abel Westfall for a failure to repay a debt of five hundred and seventy-four dollars. Included in the file are one Summons, one Complaint, one Recognizance Bond, one oyer or response of Westfall to the suit, and one Deposition of Robert Holmes in the Fayette County Kentucky Court. A Summons was issued for Abel Westfall to appear before the judges of the Court of Common Pleas the last Monday of November Inst. to answer unto Robert Holmes of a pleas of debt that he owed the sum of five hundred and seventy four dollars. The Summons was witnessed and signed by Robert Buntin, Clerk CCPKC on the fourth of November 1812. On the verso of the Summons, This suit is brought on an instrument of writing under seal therefore bail is required for $574. John Johnson P.Q. It was executed by James Crow Shif., with serving @ $.50; Bail Bond @ $.50; Mileage @ $.18; and Returning @ $.09. The second document was the Complaint filed by John Johnson, P.Q. for Robert Holmes during the November Term 1812. It stated that Able (Abel) Westfall in custody, of a plea that he render unto him the sum of Five hundred and seventy-four dollars that he owed and unjustly detained. Westfall on the seventh day of February 1810, put in writing he owed Holms (Holmes) five hundred seventy-four dollars to be paid three months after the date and to damages of five hundred dollars. The Recognizance Bond document bound Abel West and Joshua Bond to James Crow, Sheriff in the sum of eleven hundred and forty-eight dollars on the twenty-third day of November 1812. The document was witnessed by James Crow and signed by Abel Westfall and Joshua Bond. The fourth document was Westfalls response to the suit by his attorney, William Prince. He craved oyer and the reported that the suit ought not to have been brought. He discussed the estate of Andrew Holmes that was administered by Jonathan Holmes and James B. January who acted as security. The fifth document was the Deposition of Robert Holmes in Lexington, Kentucky. It was given before Oliver Keen a Justice of the Peace for Fayette County in Kentucky on September 5, 1813. The interrogatories discussed his knowledge of Jonathan Homes the administrator of Andrew Holmes estate and James January who acted as security. The Deposition was signed by John D. Young, Clerk, Oliver Keen, and John Bradford Justices of the Peace, Fayette County Kentucky. According to the Minute Book of the Knox County Court of Common Pleas 1811-1817, page 74: November Term 1812, on a motion of the defendant, ordered a Dedimis do issued to take a deposition the county of Fayette in Kentucky before any two Justices of the Peace. Page 90. May Term 1813, Parties called and appeared. A motion by Defendant for continence in absence of material witness. Dedimus do issued for Joseph (James?) January. Page 98 August Term 1813, the Plaintiff appeared by John Johnson and the Defendant by William Prince and filed his pleas after setting aside a judgment by default, the cause continued. Page 105 November Term 1813, on motion by consent the cause was continued until the next term. March Term 1815, the Plaintiff appeared by John Johnson his attorney. This cause abated by the death of the Defendant.
Origin:	2018-11-07
Created By:	Indiana Territory. Court of Common Pleas (Knox County);Indiana Territory. Circuit Court (Knox County)
Contributor(s):	Decker, Luke;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/26180
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 Bonds -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Court records -- Indiana Territory -- Knox County Depositions -- Kentucky Judges -- Indiana Territory Executors and administrators -- Kentucky Executors and administrators -- Indiana Territory Personal debt -- Indiana Territory Writs -- Indiana Territory Summons -- Indiana Territory Court Records

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