Jones, Peter vs. Samuel Perry

Description:	The file contains the documents related to the suit Peter Jones brought against Samuel Perry in Circuit Court for payment for a tract of land or farm on the east branch of the White River. Two trials resulted from this suit. Included in the file: one summons, one complaint, two response arguments, one exception, one court record of the exceptions, six subpoenas, and a detailed court cost accounting. A summons was issued for Samuel Perry to be in Circuit Court in Vincennes the first Monday of March to answer unto Peter Jones on a plea of trespass. The writ was issued and witnessed by Robert Buntin, Clerk on the 15th day of February 1815 . It was executed by James Jordan, Deputy Sheriff with fees of $2.99 attached. In a complaint filed in Circuit Court in Vincennes by John Johnson, attorney for Peter Jones, it stated that Samuel Perry, in custody, was charged with trespass. According to the complaint, Jones agreed to sell Perry a tract of land fee simple by General W. Johnston. The tract of land in Knox County on the east fork of the White River contained 141 80/100 acres and was the west fraction in township 2 N. Range No. 4 west. The land was improved and cultivated by John McGowen before his death and Perry lived on. Perry was to pay Jones the price which was paid to the United States for the tract together with interest on the amount of the purchase money at the rate of 6% per annum from the time the tract was purchased from the United States until the sum was paid. Perry was also to pay to Jones the value of the improvements that were to be established by Richard Palmer and David Lilly. The value of the improvements were listed at one hundred and seventy five dollars. And although requested, payment had not been made. On page four of the complaint, We of the jury find for the defendant. Walter Wilson, foreman. (This was the verdict of the second trial.) In response to the complaint filed by General Johnston for Samuel Perry, he defended the wrong and injury and pled not guilty and put himself on the country. On the verso of this response: We find in damages for the Defendant fifty-three dollars. Levi Lander, foreman (This was the verdict of the first trial.) The fifth document was filed by George R. C. Sullivan, attorney for Peter Jones. It stated that Jones ought not be debarred from having his action against Perry. The sixth document was listing of six exceptions filed for Jones requesting a new trial. The court then recorded the exceptions and made them part of the record with the signatures of David Raymond, J. B. McCall and Wm. Polke. A listing of court cost expenses totaled $64.94. Satisfied was written on the listing. According to the Minute Book of the Knox County Court of Common Pleas/ Circuit Court 1811-1817 page 217 October Term 1815, the Parties appeared and the Defendant filed an affidavit two of the material witnessed had not appeared and they could not go to trial. A motion was made for dedimus do issued to take depositions of the witness and both Parties have sufficient time and notice of the taking of the depositions. The cause was continued to the next term. Page 243 March Term 1816, the Parties appeared by their counsels, the jury consisted of: James Westfall, William Purcell, Absolom Thorn, William Welton, Levi Landers, foreman; Nathaniel Harniss, James McCutchen, James Denny, John Bostick, Thomas Palmer, James Curry, Mathias Rose. They found for the Defendant fifty-three dollars. Page 252 March Term 1816 on a motion of the Plaintiff the Defendant should show cause why an new trail should not be presented. A new trial was ordered on payment of costs by Plaintiff. Page 274 June Term 1816, the Parties appeared and the cause was continued to the next day. Page 280, the Parties appeared and the Plaintiff moved the court to set the office Judgment obtained in the cause. Page 281 June Term 1816, the Parties appeared by their attorneys, the jury consisted of: Walter Wilson, foreman; Philip Catt, John Hogg, Joseph Cunningham, John Collins, Will Johnson, Jesse Thomas, John Adams, Thomas Chambers, Daniel Decker, John Curry, Thomas Westfall. The jury found for the Defendant. The Plaintiff objected to the opinion of the court and tendered his bill of exceptions which was signed and sealed by the court and made part of the record. In trial of this cause the following persons claimed their attendance as witnesses: Daniel Comer 4 days, George Mitcheltree 4 days, Will Perry 4 days, James Brodie 3 days, John Smith 4 days, Will Purcell 4 days, James Curry 4 days, Eli Hawkins 5 days, Richard Palmer 5 days, John Culberson 5 days. Page 304 June Term 1816, on motion for a new trial, the court were of the opinion that the rule obtained be discharge, the Defendant to recover of the Plaintiff his costs and charges from the suit.
Origin:	2019-02-28
Created By:	Indiana Territory. Circuit Court (Knox County);
Contributor(s):	Blackford, Isaac; McCall, James; Polke, William; Raymond, David; Sullivan, Daniel;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/27951
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 Complaints (Administrative procedure) -- Indiana Territory Costs (Law) -- Indiana Territory Depositions -- Indiana Territory Farms -- Indiana Territory Johnston, Genl W. (General Washington), 1776-1833 Judgments -- Indiana Territory Jurors -- Indiana Territory Jury -- Indiana Territory Land titles -- Registration and transfer -- Indiana Territory Objections (Evidence) -- Indiana Territory Personal debt -- Indiana Territory Pleading -- Indiana Territory Subpoena -- Indiana Territory Summons -- Indiana Territory Writs -- Indiana Territory Court Records

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