Barnett, Mark vs. Francois VanderBurgh and William McIntosh administrators of Henry VanderBurgh estate

Barnet, Mark vs. Francis VanderBurgh and William McIntosh administrators of Henry VanderBurgh estate

Description:	The file contained thirteen documents related to the suit Mark Barnett (Barnet) brought against the administrators of the Henry VanderBurgh estate. A summons was issued for Francoise VanderBurgh, widow, executrix and William McIntosh executor of Henry VanderBurgh to appear at the office of D. Sullivan JPKC on the 29th of May 1813 to answer to Mark Barnett in a plea of trespass of $39.75. It was issued on the 24th day of May 1813 and executed on May 24, 1813 by Wm. Lindsey Constable. The second document was the opinion of the court written by two judges, David Raymond and Wm. Polke. It stated, It did not appear that the Bill of Exchange on which this action was brought had ever been presented to the payor not that the drawer had notice of non payment of the bill. That the bill was and given on the 11th of January 1811 and the drawer died on the 5th of April 1812 during all which time it did not appear that the drawer had notice of the non payments. It did not appear to the court that the defendants had proven or taken out Letters Testamentary of Henry VanderBurgh because it appeared to the court that the suit was concluded before Letters Testamentary were granted or before Letters of Administration with the will annexed was granted to George R.C. Sullivan and James B. McCall to who the same was granted, the defendants never having taken out Letters Testamentary. The defendants moved to dismiss the suit for the foregoing reason and being over ruled--for which reasons the defendants except to the opinion of the Court and pray this bill may be signed sealed and make a part of the record. But it appears to the satisfaction of the court that the drawer had not effects in the hands of the drawee when the said Bill of Exchange order was presented for payment. And it further appears to the satisfaction of the court that William McIntosh and Francoise VanderBurgh had acted as Executor and Executrix in and over the estate of Henry VanderBurgh previous to the bringing of this suit. signed David Raymond and Wm. Polke. The third document was the bond of Francois VanderBurgh and William McIntosh with Mark Barnett in the sum of $46.89 on December 24, 1813. They have appealed and obtained an appeal from the judgment given by Wilson Lagow a Justice of the Peace in favor of William Barnett for $22.50 costs. This document was signed by Francois VanderBurgh, Wm. McIntosh, J.B. McCall, and John Moore. Two subpoenas were issued for Nathaniel Ewing to appear in the Circuit Court in Vincennes to give evidence on behalf of Mark Barnett. One to appear at the March Term and one to appear on May 4, 1816. A sixth document was and order for Justice Lagow to certify his record with all the papers touching on the suit. On the back of this document, Wilson Lagow acknowledged that he had received this writ which was executed by B.V. Beckes. The seventh document was the court transcript from Lagows docket for the suit of Barnett with VanderBurgh and McIntosh in 1813. Francis VanderBurgh, widow of Henry VanderBurgh and Will McIntosh to appear before me in my office in Vincennes on Monday 8th day of December 1813 to answer unto Mark Barnett in a plea of debt damages of $40.00. 2nd day of December 1813 Wilson Lagow. 2nd December 1813. Demand $20.00; Interest $2.50; Writ $0.10; Serv and retu $0.30; Subpoena $0.10 . Returnable the 8th December 1813 a plea laid in by defendant first that the order was not returned in due time and that the plaintiff did not use due diligence in recovering the said order and also that the plaintiff brought suit to the defendants before Esq. D. Sullivan therefore the defendant says the plaintiff has not right to his action and therefore prays judgment. Judgment for the plaintiff for twenty dollars and Costs $20.00; with interest untill (until) paid; Judgment $20.00; Interest $2.50. An appeal taken the 24 December 1813. I do sertify (certify) that the statement contained on this sheet of papers is a true transcript of my dockit (docket) given under my hand and seal this 24 day of May 1816 Wilson Lagow JP.The eighth document was a second copy of the court transcript. The ninth document was a ledger of an account of Henry VanderBurgh with Mark Barnett. 1809 to making 122 panels post and nail fence at 25 cents per panel $30.50; ferriage $0.25; ...... to 1 whiskey barrel $0.75 . Total $33.12 1/2 a payment of $9.25 Total $23.87 1/2. Another account ledger 1809 1812 Totaled $68.12 1/2. A third ledger 1811 listed a day threshing $0.50; 16 lbs beef $0.62 1/1; 600 nails $15.00... Total $35.12 1/2. A fourth ledger listed the panels and cash lent to various individuals. The last document was a noteN Ewing will please to pay to Mark Barnet Twenty dollars on account of the money in your hands of mine. 17th Jan 1811. Signed Henry VanderBurgh. On the verso I do sertify (certify) Nathaniel Ewing would not except the within order given under my ? Received this 2 day of December 1813. Wilson Lagow.
Origin:	2019-02-19
Created By:	Indiana Territory. Circuit Court (Knox County);
Contributor(s):	Blackford, Isaac; McCall, James; Lagow, Wilson; Polke, William;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/27603
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 Appeal -- Indiana Territory Bonds -- Indiana Territory Circuit courts -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Costs (Law) -- Indiana Territory Court records -- Indiana Territory -- Knox County Damages -- Indiana Territory Executors and administrators -- Indiana Territory Judgments -- Indiana Territory Judges -- Indiana Territory Merchants -- Indiana Territory Personal debt -- Indiana Territory Summons -- Indiana Territory Subpoena -- Indiana Territory Court Records

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