James Monroe v. Peter Skinner, 1823-1826

himself, holds the land in defiance of right, in defiance of his bargain, and of the decision of the referees, without assigning any other reason in indication of his conduct than this, - that he does not approve the award or decision, and that your Orator formerly, of his own accord, offered better terms. In tender consideration whereof, and for as much as your Orator cannot obtain a complete title to the said land, without the aid of a Court of Equity, whose peculiar province it it is to compel the officials execution of contracts, and to prevent waste and destruction of property. To the end therefore, that the said defendant may or [hath?] answer the premises, as particularly as if he were here interrogated as to each allegation, that the said defendant may, be compelled by a decree of the honorable Court, to surrender the said land to your Orator, and in the mean time, to abstain from committing any kind of waste on the same, or taking any thing there from, and that your Orator may have such relief in the premises, as may be consonant to equity. May it please your Honor to grant to your Orator a writ of subpoena and of injunction directed to the said defendant, commanding herein to abstain from entering on the same land, or from cutting any thing thereon, or committing any waste thereon, &c. &c., and your Orator &c. &c. James Monroe

District of Columbia, Washington County [?], This day, to wit the twentieth day of October in the year 1824, James Monroe came before me a Justice of the peace for the said County, and made said that the facts alleged in the foregoing bill are true to the best of his knowledge and belief. Given under my hand the day and year, aforesaid. R. C. Weightman. Seal

1826 april set for hearing ______ Nov 1826 [?]

12.44 4 32 16. 66

33.47

Dismissed with Costs Dcr 1826.

Monroe }

Vs }Bill for the }specific execution } of a Contract, and for Skinner}an injunction

(The Exhibits within mentioned, viz the deed from Robert Carter and the papers marked ABC & D annexed.)

Let an Injunction Issue to Stay waste on the Compts. entering into bond & security in the penalty of $ 300 con delivered as usual.

H & G Recher

Nov. 1. 1824

1824 Dev Bill filed & newspaper

1825 Jany to May newspapers June time per and Oct [?] Nov our pled Decer run set and sep & form & sub to [cap...] wise

So far as this bill prays an Injunction against the parties [...]bating or critising the land in question it is infused.

1. Because there is no power in the Judge of this Court to change the possession of property from one contend my party to another. Treat is Treat. Randolph reports.

2. Because the Evidence of the Contract is too indecisive to justify such a manner at this time.

H.S.G. Renson

TO ALL WHOM THESE PRESENTS SHALL COME, Greeting: I CERTIFY, That Roger C. Weightman, before whome the annexed Bill in Chancery was sworn to, and who has attested the same under his Hand and Seal; was, at the time of so doing, as he still is, a Justice of the Peace for the County of Washington, in the District of Columbia, duly appointed and commissioned, and that to all his Acts, as such, full faith and Credit are due and ought to be given

In testimony whereof, I, John Quincy Adams, Secretary of State of the United States, have hereunto subscribed my name, and caused the Seal of the Department of State to be affixed,

Done at the City of Washington, this Twentieth day of October ------------ A.D. 1824 and of the Independence of the United States of America the forty eight.

J. Q. Adams

Know all men by these presents that we James Monroe and Hugh Holmes are held and firmly bound unto Nathan Skinner in the just and full sum of three hundred dollars to be paid to the said Nathan Skinner his heirs Executors admins or assigns. To the which payments well and truly to be made we bind ourselves our heirs Executors and administrators jointly and severally firmly by these presents sealed with our seals and dated the day of November 1824

The Condition of the above obligation is such that whereas the above bound James Monroe hath obtained from the Judge of the superior court of Chancery holden at Winchester, an Injunction to restrain and inhibit the defendant Nathan Skinner from committing or suffering any kind of waste or construction or a certain Lott of land in his possession in the County of Loudon, part of a lott of land formerly granted to one Thomas Hill by Robert Carter and now owned by the plaintiff James Monroe. said injunction to continue until the further order of the superior court of chancery holden at Winchester. Now if the said James Monroe shall pay and satisfy all costs which may be adjudged to the said Nathan Skinner in the injuction aforesaid and all such [?] as he may receive against said James Monroe pr [?] out said injunction, than the above obligation to be void else to remain in full free and virtue

James Monroe (seal) H Holmes (seal)

Signed and sealed

In presence of

J. Mosher Jn.

Monroe

to [Injc?] Bond Skinner