William GREEN E. BINGHAM Joshua COX 2d day Executed July 1842 Kentucky State Archives Civil Suits Off-Docket Source: Found in the Kentucky Archives, Harlan County Circuit Court Records, Suit Off-Docket, Accession Number 2/1976 Case 102 Box 1 - however I believe they have been filed in the wrong box. These records were contained in a HENSLEY vs HOWARD case but have no connection to HENSLEY file. Note that the Page numbers in brackets reference the scanned pages. I have transcribed the documents verbatim. I have only added my comments in [ ] brackets. Any underlined words indicate that is exactly how they have been spelled by the writer. The word “executed” indicates that the document was “served”, as in serving as summons. I have checked with a para-legal who says that the abbreviations, “Sp ca” and “Sp a” may be old Latin terms for “Special Capias” which means a special writ to bring a body (person) into court. She also believed that “Sp a” could be an abbreviation for “Special appearance”, again referring to serving or executing a summons on a person to require them to appear in court. See a legal definition below. As always, these old documents with the flourishes of handwriting are subject to interpretation. Definition: CAPIAS AD SATISFACIENDUM, practice. A writ of execution issued upon a judgment in a personal action, for the recovery of money, directed to the sheriff or coroner, commanding him to take the defendant, and him safely keep, so that he may have his body in court on the return day, to satisfy, ad satisfaciendum, the plaintiff. This writ is tested on a general teste day, and returnable on a regular return day. [Page 1] top Hiram HOSKINS, SP ca Ag [against] William GREEN To July 1842 [term of court] 2d day Executed July 1842 James SPARKS[?] SHC [Sheriff of Harlan County] [Page 1] bottom Wm. GREEN, Sp ca Vs Jno. McGEORGE &c [and others] To April 1842 [term of Court] Executed on John HOSKINS March the 28 1842 Ja SPARKS [?] SHC [Sheriff of Harlan County] [unreadable word] [Page 2] top certificate The Commonwealth of Kentucky, To the Sheriff of Harlan County - Greeting: YOU are hereby commanded to SUMMON James GREEN Elijah GREEN George BRITTAIN & Gabrel FELKS to appear before the Judge of our Harlan Court at the Court house of said County, on the 2d day of our July Court, to testify, and the truth to say, in behalf of Hiram HOSKINS in a certain matter of controversy in our Court pending and undetermined, between William GREEN Plaintiff, and Hiram HOSKINS &c [and others] Defendants: And this they shall in no wise omit, under a penalty of one hundred pounds. WITNESS, John G. CRUMP, Clerk of our said Court, at the Court House aforesaid, this 24h day of May 1842, and in the 50 year of the Commonwealth. [signed] John G. CRUMP Clk [Page 2] bottom certificate The Commonwealth of Kentucky, To the Sheriff of Harlan County - Greeting: YOU are hereby commanded to SUMMON John HOSKINS Sr [there are three scribbled words: “deft Hiram HOSKINS Sr” that have been crossed through] to appear before the Judge of our Harlan Court at the Court house of said County, on the 2d day of our April Court, to testify, and the truth to say, in behalf of William GREEN in a certain matter of controversy in our Court pending and undetermined, between William GREEN Plaintiff, and John McGEORGE & others Defendants: And this they shall in no wise omit, under a penalty of one hundred pounds. WITNESS, John G. CRUMP, Clerk of our said Court, at the Court House aforesaid, this 21st day of February 1842, and in the 50 year of the Commonwealth [signed] John G. CRUMP Clk [Page 3] top Mr Elijah Green Sr Ser [Sir] I Summons you as witness in behalf of Joshua COX the Defendant an [and] William GREEN the plaintiff on the 2 day of our October Cercit [Circuit] Coort [Court] at town of Harling [Harlan] Jonathan BAILEY DPS [Deputy Sheriff?] [Page 3] top reverse 2 Days & 29 Miles [Page 3] middle and bottom are two pieces of paper that have come separated when copied The Commonwealth of Kentucky, To the Sheriff of Harlan County Greeting We command you to summons John McGEORGE David GREEN Lewis GREEN for William LEFORCE before the Judge of our Harlan Circuit Court at the Court house thereof on the 2d day of our October Term, to testify, and the truth to say, in behalf of the Plaintiff in a certain matter of controversy in our Court between William GREEN Plaintiff & Joshua COX defendant and this they shall in nowise omit, under the penalty of £100 WITNESS John G. CRUMP, Clerk of our said court, at the Court House aforesaid, this 26 day of August 1851, & in the 60 year of the Commonwealth [signed] John G. CRUMP Clk [Page 3] middle reverse Wm GREEN, Sp a Vs Joshua COX &c [and others] To Oct 1851 [term of court] 2d day Executed on the 11 day of Sept 1851 Jonathan BAILEY DS [Deputy Sheriff?] J. KELLY SHC [Sheriff of Harlan County] Executed Samule COLLET David Green John McGEORGE Lewis GREEN William LEFORCE William A LEFORCE JOHN BROCK [Note that Page four’s documents are the reverse of the page 3 documents, therefore, I have noted their place above.] [Page 5] outer wrapper William GREEN, Writ [of] forcible Entry vs Joshua COX 16 June 1851 [Page 5] top right paragraph the within Executed on the 12th day of June 1851 and set for trial on the 16th of the same by me [signed] J KELLY SHC [Sheriff of Harlan County?] Continued by the plaintiff and set for trial on the 15 day of third August [signed] David GREEN [unreadable word, could be Jr.?] [Page 5] center right vertical writing Wm GREEN Vs J COX & others The plaintiff saith that the injustices [?} in this case is not true therefore he prays this _____ therefore may be s_____ until the case[?] can be tried according to Law. Wm GREEN [Page 5] bottom up-side-down writing We of the Jury find the defendants on the forcible entry an [and] detainer Complained of in with in was rent[?] and not guilty. [signed] Abraham MIRACLE foreman [Page 7 is reverse of page 6] GREEN, Agreement Vs COX & BINGHAM Oct 1851 [Page 6] Harlan County Sct [section] To the Sheriffs of Harlan County Whereas William GREEN hath made complaint to me C. B. BRITTAIN a Justice of the peace for said County that Joshua COX and Elijah BINGHAM did on the ____ day of [“May 1851” is crossed through] March 1851 forcibly enter into and now forcibly detain one house and field and fifty acres of wood land lying on Cumberland river in the County of Harlan an [and] bounded as follows towit on the west by Cumberland river on the north by the Pine mountain being a part of a 3000 acre survey made & patented in the name of Richard NOEL and the land on which the said COX has recently built a house & now resides & is improving which were in the peaceably possession of the said William GREEN you are therefore in the name of the Commonwealth of Kentucky Commanded to summon twelve good & lawful men house keepers of your County to meet on the premises on the 16 day of June 1851 to enquire into the forcerble entry and detainer aforesaid and give the sad Joshua COX and Elijah BINGHAM at least three days notice of the time and place of the meeting of the Jury and have then there this record Given under my hand this 15 day of May 1851 [signed] C. B. BRITTAIN JP Summons for Plt [Plaintiff] John McGEORGE Levi HOSKINS David Green of Harlan and John HOSKINS of Knox [county] [Page 8] top For the purpose of trying an action of Forceable entry and detainen, William GREEN vs Joshua COX and E. BINGHAM then Being ten jury men before the grieving[?] we the party do agree to abide by this decision. Given under my hand this the 25 day of June 1857[? Or 1851?] Witness W. WATKINS William GREEN E. BINGHAM Joshua COX [Page 8 middle is actually my HENSLEY family and not a part of the GREEN/COX/BINGHAM case] [Page 8] bottom John BROCKS attendance 2 days $1.00 For Travling going and Coming 42 miles $1.68 $2.68 Green vs BINGHAM} Traverse [maybe same as travel mileage?] |
|
|
|
All files on this site are copyrighted by their creator. They may not be reproduced on another site without specific permission from Vickie Sturgill . Although public information is not in and of itself copyrightable, the format in which they are presented, the notes and comments, etc., are. |