Chambers, Benjamin vs. George Grove

Description:	The file contains six documents related to the suit Benjamin Chambers brought against George Grove in the Knox County Chancellery of Indiana, to stop the execution of a judgment from the Dearborn County Court of Common Pleas. According to the complaint, Benjamin Chambers on the 7th day of April 1807 sued out of the clerks office in the Court of Common Pleas in Dearborn County, a capias ad respondendum (summons) against George Grove in an action of trespass on the case for the spreading of slanderous words about Chambers under the summons, Grove was held to bail. At the December Term of the said Court 1808 the suit was continued under a compromise between Chambers and Grove but which terms of compromise the Plaintiff was not fearful to have spread on the records of the court and no way apprehensive that an advantage would be be taken of him. On March 12, 1810, Grove sued a capias ad respondendum against Chambers in an action of trespass maliciously prosecuting him. The capias was served on Chambers when his barque was loaded and at Lawrenceburgh with a number of hands and ready to sail to New Orleans and did sail the next day with Chambers as the owner. The capias was made returnable the first day of April Term 1810 and at the August Term the Defendant by counsel urged and forced on the trial of the cause against Chambers in his absence, before his return from New Orleans. Chambers could have had several witnesses state that the suit was dismissed under a compromise, sought after and solicited by the Defendant brought by way of recital and not an intent toward Chambers. If the suit had been prosecuted to judgment, the Defendant would have been ruined. The Defendant took advantage of the the Plaintiffs absence and obtained against him a judgment for thirty dollars in damages and cost. The Defendant in order to defraud the Plaintiff caused a fi fa (writ of execution) on the judgment for thirty dollars and twenty seven dollars in costs. The suit had been taken by writ of error, which execution the sheriff returned replevined the replevy expired on 27th last month and that another execution on said replevy is expected to be received by the sheriff every day. The action of the Defendant and his confederates oppress and injure the Plaintiff. He asked for an intervention of the court. Asked for a subpoena to be directed and and injunction to stay all further proceeding on the execution until a new trial. Affidavit was given by Benjamin Chambers to Chambers Foster, JPDC, that the Bill of Complaint was correct. On April 10, 1812 Benjamin Chambers wrote, Sir take notice that on 21th day of the present month an injunction will be filed for of the Chancellor of Indiana Territory at his dwelling house in Jeffersonville in Clark County between the hours of 6 oclock in the morning and 4 oclock to stay the judgment obtained by you against me in an action of Trespass in the Court of Common Pleas of Dearborn County. On the verso J. Hamilton appeared before me a justice of the peace of Jefferson County and made oath that on the 10th of April he served notice on George Grove by delivering a copy of the within notice. Sworn on the 11th of April 1812, Robert M. Trotter. This 10th day of April 1812 a notice of which the within was left at the dwelling house of George Grove by me Sheriff D.C. The next document was a bond document. Benjamin Chambers and Samuel C. Vance bound themselves to George Grove in penal sum of one hundred and ten dollars on the 10th of April 1812 on condition that when Chambers presented his bill in the Chancery in order to obtain an injunction to stay proceedings on a judgment obtained against him by Grove, if he fails, he will pay the entire amount of the judgment, damages and costs. The fourth document was the stay of execution, The United Sates to George Grove, counselors, attorney, and agent: where as it has been represented unto us in the Court of Chancery on the part of Benjamin Chambers complaint against you, George Grove, that you fraudently obtained a judgment and execution by malicious prosecution, stop proceeding until a hearing of the cause under penalty of $500.00. Clerk Vincennes 27th July 1812, H. (Henry) Hurst CCC. Writ of Injunction executed. J. Hamilton Sheriff of Dearborn County. A summons was issued for George Grove to appear in the Court of Chancery in Vincennes on the last Monday in August to answer to a Bill in Chancery filed by Benjamin Chambers. This writ was witnessed and signed by Henry Hurst, CCC and executed by J. Hamilton, Sheriff, D.C.
Origin:	2019-03-13
Created By:	Indiana Territory. Court of Common Pleas (Dearborn County); Indiana Territory. Chancery Court (Knox County);
Contributor(s):	Raymond, David; Polke, William; McCall, James;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/27967
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Affidavits -- Indiana Territory Bonds -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Court records -- Indiana Territory -- Knox County Damages -- Indiana Territory Inland water transportation -- Freight -- Indiana Territory Judgment Execution - Indiana Territory Judges -- Indiana Territory Judgments -- Indiana Territory Replevin -- Indiana Territory Summons -- Indiana Territory Wooden boats -- Indiana Territory Court Records

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