Pages That Mention Paris, Kentucky
Edward Worthington legal case, 27 June 1801
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James Garrard, Governor of the Commonwealth of Kentucky, from whom these presents shall come, Greeting: KNOW YE, that Thomas Arnold Esquire, whose name is subscribed [?] the instrument of writing hereto annexed was at the time of subscribing the same clerk of the Paris district court, and that John Allen Esq. was at the same time one of the Judges of the said court, they having been [?] and commissioned, and full faith is and ought to be given certificates and other official acts.
In Testimony whereof, I have hereunto set my hand, and caused the seal of the State to be affixed, at Frankfort, on the 20th day of June in the year of our Lord, One thousand eight hundred and three.
James Garrard By the Governor, Harry Toulmin Secretary
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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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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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7. And afterwards towit, at a court held for the District aforesaid in October in the year aforesaid, came the complainant by his counsel, and the said defendant Callaghan not having entered his appearance herein agreeably to the act of assembly and the rules of this Court and it is appearing to the satisfaction of the court that he is not an inhabitant of this Commonwealth; on the motion of the complainant by his counsel It is ordered that the said defendant do appear here on the third day of the next term and answer the complainants bill, that a copy of this order be inserted in the Kentucky Gazette for two months successively, another posted at the Courthouse door of Bourbon County, and published at the front door of the Presbyterian meetinghouse in Paris some Sunday immediately after divine service.
And afterwards towit, at a court held for the District aforesaid in March in the year of our Lord one thousand seven hundred and ninety nine, on the motion of the Complainant by his counsel It is ordered that he have leave to take depositions agreeably to [law?].
And afterwards towit, at a Court held for the District aforesaid in July in the year last above mentioned came the complainant by his counsel, and Satisfactory proof being made to the court that the order of publication herein had been duly executed, and the said defendant Daniel still failing to answer the complainants bill. On the motion of the complainant by his counsel, his bill against him is taken for confessed, and commissions
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13 Kentucky Pct I Thomas Arnold clerk of the Paris District Court do certify the foregoing pages to contain a true transcription from the words and papers in my office, of the proceedings had in the cause between the parties therein mentioned, as fully and wholey as the same is therein contained.
In Testimony whereof I have herewith my hand and affixed the seal of my office this twenty seventh day of June one thousand eight hundred and one Tho: Arnold
complaintants cots is $ 24-94 this rund, s --- 3. 36. seal these -- 1 - " $29.30 Tho. Arnold clk D. C.
Paris District towit I John Allen one of the Judges of the District Court of Paris do certify that the above attestation of Thomas Arnold clerk of the said court is in due form of law. Witness my hand the date above. John Allen