Dekalb County, Tennessee
Court Records
Submitted by LaVelda Faull of
Glasgow, Ky.
The following is a partial transcript of the court case styled "JOHN B.
TAYLOR vs STEPHEN ATNIP" from the Supreme Court, Middle Tennessee, Box
111 from the TN State Archives in Nashville, TN. Both the plaintiff and
defendant were from DeKalb County, TN. I am transcribing from a copy of the
original handwritten documents that I obtained from the Archives when I was
there a few years ago.
JOHN B. TAYLOR
Vs
STEPHEN ATNIP Replevin Brief for Appellant.
This is an action of replevin instituted by the plaintiff against the
defendant ATNIP for a horse. The defendent ATNIP a constable justifies
under an execution in his hand against one WILLIAM SWINEY and alledges that
the horse is the property of SWINEY and not TAYLORs. The Jury in the Court
below found for the defendent and the Court refused a new trial and it is to
the finding of the Jury and refusal of the Court to grant a new trial that
we except and insist there was error as the proof shows as clear as can be
that the horse was the property of the plaintiff and we insist that if there
ever was a case that calls for the interposition of this honorable court is
it this. It will be seen by reference to the proof of ALLEN PAGE on page 6
of the record that he sold the horse to the plaintiff fairly and bona fide
and also by WILLIAM SWINEY on page 6 (who is the execution debter for whose
debt the horse was levied on and who the deft insists owned the horse at the
time of the levy). He states that the horse was the property of the
plaintiff and that he had no claim upon him whatever and that he sold him
fairly and bona fide to ALLEN PAGE the witness heretofore spoken of on page
6 for seventy seven and 50/100 dollars and that the whole transaction was
fair. Then we insist that it was error in the Court below to refuse a new
trial as the verict of the Jury was palpably absurd and against the
Testimony. Signed: WM WADE for Appellant
State of Tennessee
Be it remembered that at a Circuit Court began and held for the County of
DeKalb in the State of Tennessee at the Court House in the Town of
Smithville on the third Monday it being the sixteenth day of April in the
year of our Lord one thousand eight hundred and fifty-five and of the
independence of the United States the seventy ninth year. Present the
Honorable Judge JOHN L GOODALL Judge of the Fourth Judicial Circuit
presiding in the State aforesaid Proclamation being made court was opened
in due form.
Writ
In the name of the State of TN
You are hereby commanded to summon STEPHEN ATNIP personally to appear before
the Judge of the Circuit Court of DeKalb County at the courthouse in the
Town of Smithville on the 3rd Monday in December next to answer JOHN B.
TAYLOR wherefore he detains his goods and chattels to wit a certain bay
horse seven or eight years old about 16 hands high to the plaintiffs damage
two hundred dollars and do you also take said horse from the possession of
the said STEPHEN ATNIP and deliver him said horse to the said JOHN B TAYLOR
on his order...witness JOHN B TUBB, Clerk.
3rd Monday in August 1854.
JOHN B TAYLOR
vs
STEPHEN ATNIP Replevin
Came the parties by their attorney and there came a jury of good and lawful
men to wit THOMAS MOOR, F R OVERSTREET, BEDIAH RICH, EDWARD W EDGE, LEVI
BOZARTH, NICHOLAS SMITH, B L JOHNSON, JESSE SEWEL, JOSEPH CANTRELL, JOHN C
CANNADY, JAMES ARNOLD, and MICAJAH BROWN who being duly elected and sworn
the truth to speak upon the issue.....upon their oaths do say that have not
agreed upon their verdict in this cause and thereupon said Jurors are
permitted to disperse by consent of the parties to meet her again tomorrow
morning to resume the full consideration of this cause. April 24th,,AD. 1855
JOHN B. TAYLOR
vs
STEPHEN ATNIP Replevin
Came the parties by their attorneys and came again the same Jury elected
tried and sworn in this cause as yesterday who retired to consider of their
verdict and again return into court and upon their oaths do say they find
the issue in favor of the defendant and assess his damages by reason of the
premises to two dollars and eleven cents and the jurors aforesaid upon their
oaths aforesaid do further say the assess the value of said bay horse to the
sum of seventy dollars. It is therefore considered by the court the
Plaintiff return said horse to the defendant and if he does not so that the
defendant recover of the plaintiff and WILLIAM M. WADE his security in the
replevin bond said sum of seventy dollars the value of said horse.......24
April A.D. 1855
JOHN B. TAYLOR
vs
STEPHEN ATNIP Replevin
Came the plaintiff by his attorney and moves(?) the court for a new trial in
this cause which motion is by the court averred(?) when the plaintiff prayed
an appeal in the nature of a writ of error to the next Supreme Court of
errors and appeals....and the plaintiff having given bond with E. W. TAYLOR
and W. M. WADE his security said prayer is by the court granted and
thereupon the plaintiff tendered to the court his bill of exception which is
signed sealed and ordered to be made part of the records in this cause.
JOHN B TAYLOR
vs
STEPHEN ATNIP Bill of Exception
Be it remembered that this cause came to be heard before his Honor Judge
GOODALL and a Jury of DeKalb County on the 24th day April 1855 when the
plaintiff after rendering the papers in the cause and introduce the
following pro(?) of ALLEN PAGE who proves that he bought the horse in controvery from
WILLIAM SWINNEY and about ten days after he sold the horse to plaintiff bone
fide that he give note to SWINNEY for 70 dollars - Swinney owed him 90
dollars with TAYLOR security both notes payable at same time - night before
he sold the horse to TAYLOR, SWINNEY stayed with witness and next morning he
told SWINNEY to go to plaintiff and if he could sell the horse and witnesss
would come after a while - he sold the horse for 77 dollars and 52 cents
stock on his note from SWINNEY and he SWINNEY took TAYLORS' note. Before
that SWINNEY said he was going to the south with plaintiff and plaintiff was
to board his horses in the rout(?) and SWINNEY was to help plaintiff with
his drove for it and after SWINNEY sold the horse he said he was going to
the south with TAYLOR to work. After SWINNEY return from south paid witness
70 dollars both came back about the same time.
BARNEY PAGE states that he was present when plaintiff bought the horse
from ALLEN PAGE. ALLEN said he didn't think TAYLOR offered enough and
SWINNEY was present and said he thought it was enough plaintiff gave $77.50
for the horse.
WILLIAM SWINNEY proves that he sold the horse in controversy to ALLEN
PAGE and PAGE some days after sold her to TAYLOR for seven dollars and 50
cents more than he got from him he was present when the trade was made and
gave PAGE the note he held on him and took TAYLOR's note for the horse that
he went with plaintiff to the south and had no claim on the horse after he
sold him to PAGE, was present when Deft took the horse out of the possession
of plaintiff. He took the note on TAYLOR and had not paid PAGE the
difference between the notes and being asked if he did not state to WM
HAINES(?) a short time after he returned from the south in the Town of
Smithville that he sold the horse in the south for a watch and and forty
dollars replied that he did not. States he did not recollect of staying at
ALLEN PAGEs the night before plaintiff bought the horse, thought he stayed
at home. Was nothing said between him and PAGE about selling horse to
plaintiff or meeting there - he just happen in there. Stated that there is
a settlement between him and PAGE.
R. V.(N?) GILBERT, Deputy Sheriff took the horse out of the possession of
the Defendant by a writ of Replevin from a Justice of the Peace and
afterwards return him to the defendant and while in his possession replevin
him with the writ in this court.
The defendant then offered to read an execution against WILLIAM SWINNEY
which was excepted to because not proven (the handwriting of the Justice was
proven) and the execution was read: State of TN, DeKalb Co, To the Sheriff
or any constable of said county, you are hereby commanded that of the goods
adn chattels lands and tenements of WM SWINNEY if to be found in your county
you make the sum of thirty-four dollars and 93 cents with interest and all
cost to satisfy a Judgement that ENOCH ATNIP obtained against him before me
on the 7day of October 1854...19 Oct 1854 Signed: E. D. FISH, J.P for
said county.
"I levy the fifa(?) on one bay horse as the property of WILLIAM SWINNEY this
the 30th day October 1854. Signed; STEPHEN ATNIP."
"This property is taken out of my possession the same day the levy was made
by R V GILBERT and one JOHN B TAYLOR who claims to have a writ of replevin
in favor of said TAYLOR for said horse issued by JONATHAN FUSON Justice of
the Peace for said county and cites me to come before WM H MAGNESS, Esquire
at his office on the 21st Oct 1854 this the 20th Oct 1854...
He then introduces HEZEKIAH ALLEN who proves that some time before the
plaintiff went south and before SWINNEY sold the horse he saw the plaintiff
and SWINNEY and SWINNEY was trying to sell the horse to plaintiff. Witness
told Sweeney he had better sell the horses that the deft would levy on them.
Swinney said he was going to take the horse into Jackson County and
feed(?) them three weeks and then go off with the plaintiff. Witness then
said to SWINNEY that deft would get them as they went through Smithville and
plaintiff replied that he could take the horse through Smithville and Deft
would not get them.
WILLIAM HAMES/HARRIS? stated that WILLIAM SWINNEY told him in the Town
of Smithville since he came back from the south that he sold the horse for a
watch and forty dollars in the south .
The Plaintiff excepted to this testimony. Exceptions overruled and proof
allowed.
The court among other things not excepted to charged the jury as follows,
"That if the Jury bvelieves the sale of the horse from SWINNEY to PAGE and
from PAGE to Plaintiff was mere col--ble(?) and intended to hinder and delay
the creditors of the debts of SWINNEY and might be levied upon in
satisfaction of executions against him and if the Jury believes that the
horse was in the possession of SWINNEY at the time of this levy by the deft
and was still his horse, then they should find for the deft. But, if they
believed the plaintiff had in good faith purchased the horse of PAGE or even
of SWINNEY then they should find for the plaintiff. That if the horse was
the property of SWINNEY and at the time of the levy in his possession, then
the execution was sufficient authority to authorize the seizure of the
defendant.
This was all the testimony in this cause.
Signed: JOHN L. GOODALL.
APPEAL BOND: We, JOHN B. TAYLOR and EXEKIAL W TAYLOR acknowledge ourselves indebted to STEPHEN ATNIP in the sum of five hundred dollars to be void if
the said JOHN B. TAYLOR prosecute with effect an appeal in the nature of a
writ of error to the next Term of the Supreme Court of Tennessee at
Nashville by him prayed from a Judgement rendered against him in favor of
STEPHEN ATNIP in the Circuit Court of DeKalb County at the April term of
said Court 1855 for the sum of 77 debt and 2 dollars and 11 cents damages,
and also the cost of suit...
Teste: JOHN B TUBB
Signed: JOHN (x his mark) TAYLOR
E. W. TAYLOR
W. M. WADE
COST BILL......
D. Sheriff GILBERT executing writ....1.00
Pltf witness BARNABAS PAGE.....5 days....3.75
pltf witness HEZEKIAH H. ALLEN JR....5 days....3.75
pltf witness WILLIAM HAINS (or HARRIS?).....7 DAYS....5.25
pltf witness ALLEN PAGE....5 days....4.63
Note: No verdict on the appeal was given in these papers.
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