Pages That Mention Benjamin Harrison
Edward Worthington legal case, 27 June 1801
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1 Kentucky [Jct.?] Pleas before the Honorable [?] Judges of the District Court of Paris at the courthouse in Paris in the county of Bourbon at the June Term in the year of our Lord one thousand eight hundred and one, and of the commonwealth the tenth.
Whereas heretofore that is to say, at a Court held for the District aforesaid in October one thousand seven hundred and ninety eight, Edward Worthing -ton exhibitted his bill of complaint in this Honorable court against Daniel Callaghan, John Tittle, Hugh Miller Jr. and Benjamin Harrison defendants, which said bill follows in these words to wit, "To the [Honorable?] the Judges of the District Court at Paris in Chancery sitting, Humbly complaining showeth unto your Honors your Orator Edward Worthington. That sometime in the year 1779 a certain Daniel Callahan whom your Orator prays may be made a Defendant to this his Bill of Complaint made a contract with your Orator by which your Orator agreed to locate certain lands lying now in the County of Harrison and State of Kentucky; and he the said defendant thereby also agreed to give your Orator such a part of said lands as would sufficiently compensate your Orator for his trouble and also for any expence your Orator might be at in clearing out said land, your Orator expressly states that he did locate said Lands and was at some considerable expence in clearing out the same. Your Orator further
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2 further shows that afterwards towit, some time in the year 1798, the said Defendant and your Orator came to a subsequent agreement respecting the premises by which said last agreement said defendant agreed to give, and your Orator agreed to take two hundred acres part of the Lands so located by your Orator or the value of the same whatever the said land should be worth, provi -ded he the said Defendant should choose to keep the said land or sell it to any other person or persons, which said two hundred of Land or the value as aforesaid was to be to your Orator in consideration of his said services and expences in said Location and in discharge of said first mentioned contract. Your Orator further shews that afterwards towit, in the year last above mentioned he the said Defendant sold disposed of and conveyed away the said two hundred Acres land in conjuntion with the ballance of said locations or otherwise to others as yours is well informed and actually believes. Your Orator likewise states the value of said two hundred Acres of land, for which said Defendant, sold it was as your Orator believes about four hundred pounds lawful currency. And your Ora-tor in fact says that the said Defendant has not either convey -ed the said two hundred Acres of land to your Orator nor has he or any one for him paid to your the said value of said land as aforesaid or any part thereof your Orator also states the said Defendant is not an Inhabitant of this State, and that your as he believes is in danger of loosing the benefit of his said last mentioned contract, towit, the said two hundred Acres of Land and the value thereof as aforesaid. Your Orator further shows to this Honorable Court that there are certain persons resident in this State: viz. John Tittle, Hugh Miller senior Benjamin Harrison whom
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3. whom your Orator prays may be also made Defendants to this his Bill who your Orator is informed and has good reason to believe have in their Hands and possessions many goods or effects belonging to him the said Defendant first named, or are in somewise indebted to him. And your Orator has well hoped that as they the said last mention -ed defendants knew of the said contract between your Or -ator, and the said Callahan the other defendant for the said two hundred Acres of Land or the value thereof as aforesaid and as they knew also that your Orator was actu -ally entitled to the said value of said land the said other Defendant having sold and disposed of the same that they would have satisfyed and paid to your Orator the said value of four hundred pounds as aforesaid out of the property, money or effects belonging to the said Callahan the said other Defendant or out of the [Debts?] [?] to him. Nevertheless they the said John Tittle, Hugh Miller senior Benjamin Harrison, little regarding the prem -ises but combining and confederating with one another and to and with the said Callahan the said other Defen -dants how to injure and oppress your Orator, have hitherto failed to pay to your Orator this said sum of four hundred pounds or the value of the said two hundred Acres of Land or any part thereof. In [Tender?] considera -tion whereof and for [as much?] as your Orator is without remedy at Common Law and can only find relief in equity, to the end therefore that the said Defendants on their Corporal Oaths may be compelled true, perfect and direct answers to make to all and singular the premises herein contained as fully as if the same were herein again repeated and interrogated. But more especially
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bill as follows to with, "The joint answer of Hugh Miller Sen. and Benjamin Harrison to the bill of complaint exhibitted against them and others in the Paris District Court. These defendants saving and reserving to themselves all and all manner of benefit of exception to the many errors and manifest insufficiencies in the said complainants bill of complaint contained for them to answer, they answer and say: That these two defendants did on the sixth day of January 1798 for a valuable consideration give thin bond to the said Daniel Callaghan in the penal sum of Two thousand pounds conditioned for the payment of one thousand pounds to be paid in one year after the date of the said bond. These defendants do further answer that they at different times paid to the said Daniel Callaghan Three hundred and fifty two pounds eight shillings and three pence half penny. These defendants further answer and say that on the 24th day of April 1798 some considerable time before the said Daniel Callaghan left the state of Kentucky he assigned over to a certain George Hamilton of Cynthiana the ballance or remainder of said bond which these defendants had given to said Callahan, and received a full and [compleat?] consideration for the same as these defendants believe. These defendants deny that they are in any manner indebted to the said Callahan either in money, goods or effects, whatsoever accepting the bond above referred to and assigned to the said Hamilton on the day aforesaid as above stated towit, on the 24th day of April 1798. These defendants deny that they understood or knew that a
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6. contracts had been entered into between the said complainant and said Callaghan in the year 1798. These defendants further state that the said Callaghan had openly declared for several months before the time that he left the State that he would move down the river to Louisiana, and that these defendants believe that some time in the month of June in the year 1798 he left Harrison County. And these defendants deny all and all manner of unlawful combination and confederacy where with they stand charged, without that, that there is any other matter, cause as thing in the complainants said bill of complaint contained material or effectual in the law for these defendants to make answer unto and not herein and hereby well and sufficiently answered, avoided, traversed or denied is true to the knowledge & belief of these defendants all which matters and things these defendants are ready and willing to aver, maintain and prove as this Honorable Court shall direct, and humbly prays to be hence dismissed with their reasonable costs and charges in the law in this behalf most wrongfully sustained.
Hugh Miller Sen. and Benjamin Harrison personally came before me and made oath that the facts contained in the above answer are true as far as relates to their own knowledge, and what facts they have obtained from the information of others they believe to be true. Given under my hand this 2d. day of April 1799. Signed William E. Boswell and