Trousdale, Jonathan v. Hamilton, John C., 1808

Source: Sumner County Lawsuits, #6488

Contributed by Ruth Held at

Pleas at the court house in Gallatin before the court of pleas & quarter sessions held for the county of Sumner on the second Monday in June 1810 and 34th year of American independence. Jonathan Trousdale - Plaintiff v.
John C. Hamilton -Defendant

State of Tennessee Sumner County
To the Sheriff of said County, Greeting.
You are hereby commanded to take the body of John C. Hamilton if to be found in your county and him safely keep so that you have him before the Justices of our County Court of Pleas & Quarter Sessions to be held for said County at the court house in Gallatin on the second Monday in December next then and there to answer Jonathan Trousdale of a plea [ ] render to him one negro boy slave named Cold Rain which from him he unjustly detains to his damage three hundred dollars. Herein fail not and have you then [ ] this writ witness David Shelby Clerk of Court of said County at office the second Monday of September AD 1808 and the 33rd year of American independence [ ] October 1808 And Executed
W.H. Douglass Dep Sheriff
I acknowledge the service of this writ returnable to Dec term 1808
J.C. Hamilton

State of Tennessee
Sumner County
December term 1808
Jonathan Trousdale by his Attorney complains of John C. Hamilton on custody & of a plea that he render to him one negroe slave boy about 6 or 7 years of age by name Colerain or Peter which negroe boy of the value of five hundred dollars he [indecipherable] by his Attorney declares that whereas on the [ ] day of August in the year 1808 at the County aforesaid Plaintiff delivered to the said John C. the negroe boy slave of the said Plaintiff following that is [ ] Colerain a negroe boy slave about 6 or 7 years of age black complexion to the value of five hundred dollars to be delivered to the said Jonathan whenever he should be required & the Plaintiff avers he did Demand & require on the [ ] the said John C. Hamilton tho often required hath not yet delivered the said negroe boy slave to the said Plaintiff but hitherto hath and still doth refuse to deliver the same whereupon the said Plaintiff saith he is injured & damaged to the value of three hundred dollars and thereupon he brings proof & [ ] & these are pledged
Barry for Plaintiff

And at the term last aforesaid the pleadings in the above cause [ ] made up by an entry in the following words, to wit, [indecipherable] then at March term 1809 the following proceedings [indecipherable] Jonathan Trousdale v. John C. Hamilton In Detinue - This day came the parties by their [ ]. [ ] a jury of good & lawful men to wit William Duly, James Nixson, Daniel Shaver, Henry Dewberry, Jacob Seevia?, Thomas Preston, Miles Miers, Henry Homer, Willis Hall, John Hood, Ben Hall, Nimrod V. Jeffries, [ ] who being elected [ ] sworn the truth to speak upon the [ ] upon their oath do say that the defendant has detained the negro in the manner and form as the plaintiff in declaring both complained and that said negroe of the value of three hundred dollars - - Rule on motion of the defendant to shew cause for a new trial - [ ] continues [ ] court for argument then [ ] court to wit September [ ] 1809 the following rule was made in the said cause to whit, motion for a new court argued & made absolute. And [indecipherable] the plaintiff [ ] hath complained [indecipherable] therefore considered by the court that the plaintiff recover against [ ] his negro aforesaid if he [ ] be found back if not then the [ ] aforesaid of him together with his costs by [ ] about [ ] suit in the behalf [ ] Judgment set aside [ ] on motion of the defendant by his attorney to shew cause for a new trial and costs for argument till next court - and at the next court to wit March term 1810 the case is continued - and now [ ] this may to wit, the term first at [ ] mentioned came the parties by their attornies & thereupon an argument the rule to shew cause for a new trial is discharged. Therefore it is considered by the court that the Plaintiff recover against the defendant his negroe in the declaration mentioned if he may be found but if not then three hundred dollars the [ ] of said negro according to the [ ] of the Jury heretofore rendered in this case, and [ ] by him about this sent in his behalf [ ] whereupon the defendant by his attorney prays an appeal from said Judgement to the next Circuit Court to be held for Sumner County & obtains the same after filing reasons & entering into bond with John Shelley & Bennett H. Henderson his securities in the penalty of six hundred dollars conditioned [indecipherable]

John C. Hamilton doth with [ ] prosecution? [ ] appeal with effect [indecipherable] damages costs & charges as shall be rewarded against him by the [ ] Circuit Court [ ] fulfill & perform the [indecipherable] the above obligation to be void otherwise [indecipherable] Acknowd in Open Court
J.C. Hamilton (seal)
Jno Shelley (seal)
B. H. Henderson (seal)

Bill of Costs, Court
[ ] 62 for [ ] prosecution bond of security 40 cents [ ] 100 cents two subpoenas 110 cents four continuances 160 cents two rules for new trials 50 cents [ ] 100 cents, five witnesses certificates [ ] transcript of the [ ] 160 cents .....................................$ 7.42 1/2
Shff returning writ ordered not found testimony [ ] ...........1.37 1/2
Attorney Barry ............................................................ 2.50
John Brigance? witness ............................................. .3.00
Allen Josey do........................................................6.50
Ruffin DeLoach do..................[ indecipherable].............9.00

State of Tennessee Sumner County TS
I David Shelby Clerk of the Court of pleas & quarter sessions for the County aforesaid certify that the foregoing is a true transcript of the record of proceedings & bill of costs of the suit Jonathan Trousdale v. J. C. Hamilton

In testimony whereof I have here unto subscribed my name & affixed the seal of said County the 22d day of June in the year 1810 & the Independence of the United States the thirty fourth.
David Shelby

Jonathan Trousdale
v. In [ ] reasons for appeal
John Hamilton

In this cause a verdict & [ ] was rendered in favor of the plaintiff from which [ ] the Defendant appealed to the circuit court to be holden for the county of Sumner on the second Monday in October next and [ ] the following reasons for an appeal. [] that the verdict of the jury was contrary to evidence [ ] the [ ] of the court was contrary to law which reasons in my opinion are sufficient to entitle the deft to an appeal.
B. H. Henderson, Attorney for Defendant

State of Tennessee
To Samuel Robinson Esquire, a Justice of the Peace for [W.C.?]
Know ye that we trusting up to your diligence & provident circumspection, do require you, that at such certain time and place, as you shall appoint, to call and cause to come before you Ruffin Deloach, a witness in behalf of Jonathan Trousdale, in a certain matter of controversy in Sumner circuit court depending ___ between Jonathan Trousdale, Plaintiff and John C. Hamilton, Defendant, and him diligently examine, touching the same in solemn form on oath or affirmation and having received his examination, as aforesaid you shall distinctly, plainly and without delay send and certify the same enclosed together with this writ, to our next circuit court to be held for the county of Sumner at Gallatin, on the Second Monday in October next. Witness, Bennett H. Henderson, Clerk of our said court at office the second Monday in April in the year 1811. And of the Independence of the United States the thirty-fourth.
B. H. Henderson, Clk.

(Deposition of Ruffin DeLoach:)
Pursuant to the [indecipherable] at the house of Edward Randolph in [P.. ] on Saturday the 24th day of August eighteen hundred and [eleven?] between the hours of [ ] and one oclock one the party being [ ] by the [ ] Edward Randolph, being on the part of Jonathan Trousdale [ ] to take the following deposition of Ruffin Deloach, being about fifty years of age, who having been first duly sworn agreeable to law to depose the truth and nothing but the truth between the parties named in the said commission [ ] [ ] as follows to wit

That in the 12th day of February 1805 this Deponent did write a deed of gift for [ward?] at the request of John Jose in the following words - to wit:
Know all men by these presents that I John Josey of Sumner County and State of Tennessee for the good will and affection that I have for my daughter Sarah hath given unto her the said Sarah two Negroes one girl named Rachel and negro boy names Coal Rain which property I bind myself my heirs &c unto her and hers to make god the said negroes unto the [ ] Daughter Sarah sealed with my seal and dated the 12th day of February 1805. John Jose (seal) - [Text?] Ruffin Deloach, [ ]

That at the time this deed of gift was executed both negroes were delivered to Sarah by puting their hands into hers & a form of delivery made - that said Sarah at the time was under age perhaps 13 or 14 and unmarried - that She has since intermarried with said Jonathan Trousdale that immediately after the delivery the said John Jose - now deceased [ ] [Solicitor?] Deloach the deed requesting him to have the same proven and registered according to law - which So Deloach neglected or omitted until September session 1808 that [ ] or [ ] neither at the time or ever since the gift took place past any reason to suspect the least fraud in the transaction and as it took place in open day in presence of several persons and also that Deponent was well acquainted with said Jose at the time & his circumstances and that he verify [he lives?] the proposed property in valuable land negroes and stock to the amount of 15 or 20 times the quantity of debts the said. Jose then owed. That the [motives?] he Jose expressed for making this gift and which Deponent verily believes was the seal [ ] away that her eldest Brother Allen Jose [ ] been speaking disrespectfully of his sister which the father heard and for which he rebuked the son severely by and by way of further punishment to the son and attonement to the Daughter he gave these negroes - boy Coalrain was then about 4 or 5 years of age. [ ] Sarah then and for some years afterwards lived [ ] her fathers house on West Station Camp Creek - that [ ] [ ] home after this say, suppose two years or [there..?] [indecipherable] So Jose the Father had been trading or selling this negro boy to a neighbour and connection of his a certain James McKinsey [ ] in a few days after this Deponent met said McKinsey and asked him about it and charged him [] with full knowledge of the former sale or gift to Sarah telling him the said McKinsey at the same time that he had no business to trade for or have any thing to do with that negro boy as he knew him to be the property of the said Sarah and that Jas McKinsey did not [ ] of [ ] Deponent never witnessed [ ] wrote any other bill of sale or deed of gift for [ ] but the one on which he has been examined as a witness twice in Sumner County Court and which is the subject of this suit [three lines crossed out]
Sworn before me at the time and place above specified
Ruffin DeLoach

In the fourth lines counting from the top line, in the second
Page the word Camp intestined - the two bottom lines of same pages, and half the third lines [ ] before signing - (corrections)
Saml Robinson

In the Circuit Court for the County of Sumner April Term 1812
In the [] Trousdale vs. Hamilton Detinue
On the trial of this cause the plaintiff gave [on ordincy?] that John Josey the father of the plaintiffs wife, gave [ ] negro in question whilst the [ ] and the [ ] negro lived with Josey [ ] negro [ ] herein after is mentioned [ ] from the [indecipherable] wife continued where unto said Josey [ ] intermarried with the plaintiff and the [ ] intermarriage, the [ ] marriage, the father [ ] negro to James McKenzie who his [ ] gift to [ ] McKenzie.
The court instructs the Jury that if said sale to McKenzie by Josey was before the marriage aforesaid and that the [ ] never was in the [ ] afterwards, that the property in said negro did not vest in the [ ] by the said marriage so as to enable him to [ ] in his own [ ] [ ] that the action should have been in the names of the plaintiff and his said wife. And some of the jury when their verdict was delivered in court said that the same

(the following is on a separate page and may be part of the above)

was commanded on that opinion, and thereupon the counsel for plaintiff [ ] to the said opinion of the court and reduced them said exception into the form of this [ ] bill of exceptions, and prayed the court to sign & seal the same which has been done according.
Archibald [R..?]
Judge Presiding in Circuit Court for Sumner County (seal)

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