Donoho, John (dec'd) vs. McKinsey, James & Josey, John, 1804

Source: Sumner County Lawsuits, # 6

Contributed by Ruth Held at ruth_h_28070@yahoo.com
©2003


Twelve months after Date we or either of us Do promise to pay or cause to Be paid unto the the Executors of John Donohoe Deceased the sum of Eighty three dollars & six cents - it Being for Value Recd Witness our hands and Seals this 12th day of August 1802
(Signatures)
[ ] Jas Reese
James McKinsey (seal)
John Jozy (seal)


State of Tennessee
Sumner County
To the Sheriff of said County, Greetings.
You are hereby commanded to take bodies of James McKinsey & John Josy to [ ] them safely keep so that you have them before the Justices of our County court of please & quarter sessions to be held for said county at the courthouse in the town of Gallatin on the third Monday in September next, then & there to answer John Donoho James Reese & Archibald Marlin Executors of John Donoho decd in a plea that they render to them Eighty three dollars & six cents which to them they own & from them unjustly retain to their damage fifty dollars herein fail not and have you them there this writ Witness: David Shelby Clerk of Court of our said court at [ ] the third Monday in June 1804, and twentieth year of American independence.
David Shelby CSC

Know all men by these presents that I James S. Wilson ____ am held & firmly bound unto James McKinsey & John Josy in the penal sum of Two hundred & fifty Dollars, to be void on condition that John Donoho James Reese & Archibald Marlin executors of John Donoho decd do with effect prosecute a suit by them this day commenced in the County Court of Sumner against the said James & John otherwise to pay & satisfy a [c..?] & damages that may be awarded for failure. Witness my hand & seal this first day of September anno domini 1804.
[?] D Shelby
James S. Wilson (seal)

John Donoho, exr v. James McKinsey & John Josey, 1804

Know all men by these present that we James McKinsey & David Stafford are held & firmly bound unto Thomas Martin Sheriff of Sumner County in the penal sum of one hundred sixty six dollars twelve cents void on condition that James McKinsey make his personal appearance at the next court to be held for said county at the court house in the town of Gallatin on the third Monday in September then & there to answer John Donoho James Reese & Archibald Marlin executors of John Donoho decd on plea that they order to them eighty three dollars and six cents which to them they owe & from them unjustly detain to their damage fifty dollars and not depart without leaving said court.
Witness our hands & seals this 4th day of September 1804.
James McKinsey (seal)
David Stafford (seal)


Know all men by these presents that we John Josey and Absolum Hall are held & firmly bound unto Thomas Sheriff of Sumner County in the penal sum of one hundred sixty five dollars & twelve cents to be void on condition that John Josey make his personal appearance at the next court to be held for said county at the court house in the town of Gallatin on the third Monday in September. There & then to answer John Donoho James Reese & Archibald Marlin executors of John Donoho Decd in a plea that they render to them eighty three dollars & six cents which to them they owe & from them unjustly detain to their damage fifty dollars and not depart without leave said court.
Witness our hands & seals this 10th day of September 1804.
John Josey (seal)
Absalom Hall (seal)


I Thomas Martin as Sheriff of Sumner County do hereby assign the obligation and condition to John Donoho James Reese and Archibald Marlin the plaintiffs therein named [then] executors and administrators to be [ ] for according to the Statute in such case made and provided in witness whereof I have hereunto set my hand and seal this eleventh day of September in the year of our lord one thousand eight hundred and four.
Thomas Martin (seal)


I Thomas Martin Sheriff of Sumner County hereby assign the within obligation and condition to John Donoho James Reese & Archibald Marlin the plaintiffs therein named [his?] executors and administrators have sued for according to the Statues on such case made and provided in witness whereof I have here unto set my hand and seal the twelveth day of September in the year of our lord one thousand eight hundred and four.
Thomas Martin (seal)

State of Tennessee
Sumner County
December 1804

The [ ] of John [ ] complaining of James McKinsey and John Josey in [ ] of a plea that [ ] Eighty three dollars and six cents which to them they owe and from them unjustly detains for that [ ] the said James McKinsey and John Josey on the twelfth day of August Eighteen hundred and two at the County aforesaid enter in to their [certain writing?] obligatory sealed with their seals & to the Court now here shewn the [ ] whereof on the same day and year aforesaid did promise to pay or cause to be paid twelve months after date unto the Executors of John Donoho Deceasd the sum of Eighty three dollars and six cents for [ ] whenever they the said James McKinsey & John Josey should be thereunto afterwards requested. Nevertheless, the said James McKinsey and John Josey at altho often requested hath not paid the said sum of eighty three dollars and six cents [words crossed out] according to their promise aforesaid but the [same?] to pay to the said Executors hath hitherto refused and still doth refuse to their damage [blank space] dollars and therefore they bring suit - And the Executors bring here into Court the letters Testamentary of the said John Donohoe deceasd whereby Appearing they are Executors of the last will and testament of the aforesaid and hath Administration thereof.



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