Shearwood
Orsburn and John D. Traynor
vs.
John Cline, William M. Shaw and Others
Submitted by: Debra
Spindle
Transcription of the County
Archives of Tennessee Minutes of the
Circuit Court of Bradley County, Book B 1838-1841, Part II. Prepared by the Tennessee Historical Record
Survey, Works Project Administration, April
1941.
(typed as it appears)
p. 239
(P-274)
Bond
Know all men
by these presents that we, Shearwood Orsburn and John D. Traynor, are
jointly and severlly held and firmly bound unto John Cline, William M.
Shaw and
others in the penal sum of two hundred and fifty dollars to be void on
condition that the said Shearwood Orsburn will with effect prosecute a
suit by action of Trespess which he this day commenced against John
Cline, and others in the circuit Court of Bradley County or in case of
failure of such prosecution pay and satisfy all costs and damages as
may be awarded against him by our said Court.
Witness our
hands and seals this 3rd day of July 1838.
(Shearwood
Orsburn (Seal)
(
(J.
D. Traynor (Seal)
Test
Henry Price.
-
Writ
State of Tennessee ) To the Sheriff of Bradley County,
Greeting: You are
) hereby commanded to
summons John Cline to be and
Bradley County ) appear before the Judge of our
next Circuit Court to beheld for the County of Bradley at the Court
house in Cleveland on the
4th Monday in August next to answer Shearwood Orsburn of a
plea
of Trespes with force and armes to his damage one thousand dollars here
in fail not and have you then and there this writ.
Witness,
Henry Price, Clerk of our said Court at office in Cleveland the 4th
Monday of May, 1838.
Henry Price, Clerk.
p. 240
Witness for the plantiff, John D. Traynor and Levi Trewhitt.
Endorsement No. 33
Summons Shearwood Orsburn vs. John Cline, William Shaw and
others.
Issued 3rd day of July 1838 to August Term, 1838.
Came to the hand the 4th July 1838
and Executed by
summoning John Cline this the 5th July 1838.
John Lauderdale, Sheriff
Decleration
State of Tennessee ) Circuit Court
)
Bradley County ) August Term, 1838
Shearwood Orsburn, by Attorney
complains of John L. Cline, who is summoned by the sheriff by the name
of John Cline to answer the said plaintiff of a plea of trespass with
force and armes.
For that
the said defendant upon the 1st day of April 1838, At to
wit,
in the county aforesaid with force and armes broke and entered the
dwelling
house of the said plaintiff and seized took and carried away from and
out
of said dwelling divers household goods and kitchen furniture to wit,
Five
feather beds and furniture of the value of one hundred dollars one
clock
of the value of fifty dollars, All proper goods & chattels of the
said
plantiff and then and there with force and armes broke rent tore and
destroyed
and wholly ruined the same until it was of no value and other wrongs to
the
said plaintiff then and there did against the peace and dignity of the
state,
and to the damage of the said plaintiff two hundred and fifty dollars
and
also for that the said defendant aforesaid to wit, upon the same day
and
year last mentioned aforesaid at to wit, in the County with force and
armes
seized took and carried away from and out of the possession of the said
plaintiff
divers other house hold goods and kitchen furniture to whit one fether
bed
and furniture of the value of one hundred dollars one table of the
value
of two twenty five dollars all the proper goods and chattels of the
said
plantiff and then and there broke rent and tore destroyed and lessened
in
value the same and other wrongs to the said plaintiff then and there
did
against the peace and dignity of the State and to (P-276) the damage of the said plaintiff two
hundred fifty dollars,
and also for that the said defendant on the --- day and year last
aforesaid
at to wit, in the County aforesaid with force and armes broke and
entered
a cetain other dwelling house of the said plaintiff situated in the
County
aforesaid and there and then ejected exspeled put out and removed the
said
plaintiff and his family from the possession use own --- and enjoying
of
the said dwelling house and kept and continued them ejected expelled
put
out and removed for a long space of time to wit from them hitherto
whare
by the said plaintiff for and during that time lost and was deprived of
the
use and benefit of his said dwelling house to wit in the County
aforesaid
and other wrongs to the said plaintiff then and there did against the
peace
and dignity of the State and to the damage of said plaintiff one
thousand
dollars and therefore he brings his suit and pledges to prosecute.
Trewhitt, Atty. For Plaintiff
Plea
And the said defendant by his attorney comes into Court and
defends the force and injury when an whare and says the plaintiff his
action against him ought not to
have and maintain because he says he is not guilty in manner and form
as
plaintiff in declaration hath alledged against him and of this he puts
him
self on the County and the plaintiff likewise.
Jarnigin & Bradford
Attys for defendant.
Levi Trewhitt,
Atty for
Plaintiff
August Term, 1838
Sherwood Orsburn
)
)
vs ) Came the parties by their
attorneys and from reasons
) appearing to the
satisfaction of the from the affedavit
John L. Cline
) of Spencer Jarnagin
time is given the defendant to plead.
(P-277)
Circuit Court
December Term 1838
p. 242
Sherwood Orsburn
)
)
vs ) This day came Levi Trewhitt, Esqr.
Attorney for the
) plantiff and
suggested the death of the said plaintiff
John L. Cline
) upon the record.
Circuit Court, April Term, 1839
Sherwood Orsburn
)
)
vs ) This day came Thomas
Orsburn the Executor of the
) plantiff whare death
was suggested at the last Term
and
John L. Cline
) brought with him into
open Court letters testementry to him granted by the County Court of
Bradley County and by his Attorney
moved the Court to revive this cause in his name as Executor aforesaid
which
is accordingly done.
April Term,
1839
Thomas Orsburn, Executor )
of Sherwood Orsburn, Dest. )
)
vs
) The parties by there
Attorneys appear and
) by consent and with
assent of the Court
John L. Cline
) this cause is
continued till next term.
December Term, 1839.
Thomas Orsburn, Executor )
of Sherwood Orsburn )
)
vs
) The parties by there
attorneys appear and
) by consent and also a
Jury of good and
John L. Cline
) lawful men to wit,
Henry Richards, John Mee, William Camp, Henderson Thatch, John Fulks,
Josiah Johnston, Adam H. Tener, John Goodner, John W. Kennedy, Andres
Stephens, Edward Austin, and Isaac Edwards who being elected tried and
sworn to well and truly try the Issue joined between the
(P-278) parties on there oath
say that the defendant is guilty
of the tresspes and force in the plaintiffs decleration mentioned in
manner
and form as the said plaintiff hath declared and assess the plaintiffs
damage
by reason thereof to Fourhundred and seventy five dollars.
It is therefore considered by the Court that the plaintiff
recover of the defendant the
sume of Four hundred and Seventy five dollars the damage so as
aforesaid
affixed by the Jury and the costs about his suit in this behalf
Expended
and have Execution.
Tuesday 31 December, 1839
Thomas Orsburn, Executor )
of Sherwood Orsburn )
)
vs
) The defendant by
his attorney appeared
) and moved the Court
for a new Trial to
John L. Cline
) be entered to show
why a new Trial should
be granted
which rule is granted.
Thursday
2nd, January, 1840
Thomas Orsburn, Executor )
of Sherwood Orsburn )
)
vs
) The defendant by
their attorneys appear
) and the rule
heretofore granted in this
John L. Cline
) cause to the
defendant to show cause why a
New trial should be had in this cause being argued by counsel.
It is considered by the Court that said rule be discharged.