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?]
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