Barker, Elias vs. John Smith and James Shackleford

Barker, Elias vs. John Smith and James Schackleford

Description:	The file contains eleven documents related to the suit Elias Barker filed against John Smith and James Shackleford for the failure to pay off a promissory note. The Promissory Note was to Stephen Strickland for the sum of five hundred dollars for value received on the 30th of August 1813. The note was to be paid in ten days after date and signed by John Smith and Elias Barker and witnessed by Ruben Fitzgerald and Robert Wheeler. A second document was an Articles of Agreement made and entered into the 4th day of October 1813. It was signed by Ruben Fitzgerald and James Strickland. In this document the ink was too faded to read. An affidavit was sworn by Elias Barker on November 13, 1813 that John Smith and James Shackleford were not residents within the Indiana Territory and they were indebted to him for two hundred and forty-six dollars. The fourth document was the complaint filed in the Knox County Court of Common Pleas in November 1813 by William Prince P.Q. It stated that John Smith and James Shackleford were attached to answer unto Elias Barker on a plea of trespass. The Defendants on the 8th of October 1813 were indebted to the Plaintiff for five hundred-fifty dollars for goods and wares. They had not repaid the debt although requested. It asked for payment of the debt and one thousand dollars in damages and he would prosecute. On the verso side of the Complaint, We of the jury find for the Plaintiff 275 dollars in damages. Danl McClure On November 18, 1813, the sheriff was commanded to attach all good and chattels, lands of John Smith and James Shackleford found in his bailiwick and have them before the judges of the Court of Common Pleas in Vincennes the third Monday of November to answer unto Elias Barker. And summon those persons in whose possession you might find such goods and chattel to appear at court the third Monday of November as garnishee or garnishees to answer unto Elias Barker. This writ was witnessed and signed by Robert Buntin, Clerk CCPKC. On the verso side , have summoned Wm. Jones Garnishee in presence of Ch. (Christian) Graeter and George Jones. B. (Benjamin) V. Beckes Shiff. KC A bond document stating Elias Barker and Robert M. Evans bound themselves unto John Smith and James Shackleford in the sum of one thousand dollars on the fifteenth day of November 1813. The condition of this obligation was that Elias Barker has prayed and obtained an attachment against the goods and chattel of John Smith and James Shackleford in a pleas of trespass on the case to the damages of Barker for one thousand dollars and he will prosecute. Signed by Elias Barker and R. M. Evans and witnessed by Wm. Prince. A memo was sent to Capt. Buntin, Mr. Elias Barker wished you to make out a certified transcript of the record in his case in Smith and Shackleford and have it certified by the Judges. The eighth document stated Knox County Circuit Court October Term 1815, an attachment of Shackleford and Smith: Will Jones garnishee on a motion of consent of Plaintiffs attorney and William Jones Counsel. Mr. John Johnson and George R.C. Sullivan ordered that William Jones appear in court the second day of the March Term 1816 and answer as a garnishee. This subpoena was signed by R. Buntin, Clerk, CCKC. It was executed by B.V. Beckes, Shiff, by reading the order to the within named Wm. Jones with $0.461/2 fees attached. A second subpoena was issued for William Jones to appear in the Knox Circuit Court. He was to appear the first day of the June Term next to show why attachment should not be issued against him for a contempt to the court in not appearing at this term as garnishee in an attachment against Smith and Shackleford. This writ was signed by R. Buntin, Clerk and executed by B.V. Beckes $0.46 1/2 fees were attached for service and return. On August 16, 1816, Genl (General) W. Johnston wroteMr. Buntin I will be Barkers security for the payment of the money for the Records of the papers that he wants. The eleventh document was the accounting of the court costs account November 13, 1813 through March 1816 totaling $34.40.
Origin:	2018-12-20
Created By:	Indiana Territory. Circuit Court (Knox County);
Contributor(s):	Beckes, Benjamin; Decker, Luke; McCall, James; Sullivan, Daniel; Blackford, Isaac;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/27056
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 Affidavits -- Indiana Territory Bonds -- Indiana Territory Circuit courts -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Costs (Law) -- Indiana Territory Court records -- Indiana Territory -- Knox County Judgments -- Indiana Territory Jurors -- Indiana Territory Liquors -- Indiana Territory Merchants -- Indiana Territory Personal debt -- Indiana Territory Promissory notes -- Indiana Territory Subpoena -- Indiana Territory Whiskey -- Indiana Territory Writs -- Indiana Territory Attachment and garnishment -- Indiana Territory Court Records

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