James Wilson VS Samuel Smiley 1819

To the worshipful the county court of Cabell County in chancery now sitting humbly complaining therewith to your worship your orator James Wilson that some time in the year 1810 or 1814 James C. Madison and Robert G. Scott commenced a suit of Ejectment against James Cox for a tract of land on Sandy River that pending that suit the said Cox transferred and sold the land (he being in possession) in controversy to a certain Daniel Walker who then sold and conveyed the same to your orator and your orator being informed of the nature of the action of Ejectment enguaged to defray all costs & expenses that would be necessary in defraying the same and to abide by and perform the judgement of the court & that your orator engaged counsel and defused the said action at a great expense and finally succeeded and obtained a judgement against the plaintiff for my costs amounting in all to the sum of forty One dollars and thirty five cents But your orator further states that as the Ejectment had commenced against John Cox, it was permitted to continue against him as the only defendant and the judgement and execution for the costs were in his name and that shortly afterwards a certain Samuel Smiley whom your orator pray may be made & taken as a defendant to this Bill, who was the son in law of John Cox, was at that time indebted to Robert G. Scott and of the plaintiff in the said action of Ejectment and who then resided in the City of Williamsburgh Virginia and your orator further states that the said Smiley solicited your orator to let him the said Samuel Smiley have the Benefits of the judgements against Scott and that he would send it to Richmond for collection he expecting to find the said Scott there being a member of the legislature, and it it would obtain him the said Smiley a credit with Scott that he then would settle with your orator for the same and more fully to enable the said Smiley to do so he obtained an order from John Cox for the Benefit of the said execution. But so it is may it please your worship that said Samuel Smiley contriving to injure deceive & defraud your orator in this particular immediately sold this execution to a certain William Buffington whom your orator pray may be made a defendant to this Bill, also, and your orator is informed and does believe that the said William Buffington has received and collected the amount of the execution aforesaid. And your orator further states that the said John Cox on the 28th March 1817 obtained an execution from John Wellman a justice of the peace for said county for the sum of ten dollars debt and all costs amounting probably to 30 cents and which your orator prays to be taken as part of this Bill and which yet remains unsatisfied but in full force and not reversed or annulled and that on the 20th of August 1819 the said John Cox assigned the same to your orator which amount your orator will state thus

 

Samuel Smiley Do James Wilson

Execution vs R.G. Scott $41.35

Execution in favor of Cox 10.00

Interest and costs 1.75

$53.10

 

and your orator further states that the said Samuel Smiley hath removed to distant parts without this commonwealth not leaving any property whereby to satisfy your orators demands, But your orator is informed and does believe that the said William Buffington now has in his hands money belonging to the said Samuel Smiley &endash; perhaps sufficient to satisfy your orators claims and the costs of this suit your orator therefore prays that this court may (?) and enjoin the said William Buffington from paying out of his hands to the said Smiley or any other person all monies that may be in his hands at this time belonging to Samuel Smiley until further ordered & decreed by this court, and that he may full and perfect discovery make on his oath of all his monies and debts due to the said Samuel Smiley now in his hands or owing to him. In Tender consideration Whereof and in as much as your orator is without remedt by the common law (as all his contracts and agreements were done in private and your orator confiding in the honesty of the said Smiley) and only to be relieved in a court of Equity where frauds are (?) To the end therefore that the said Samuel Smiley full and perfect answer make to all and singular the allegations of this Bill on his Corporal oath as fully & perfectly as if they were again repeated & him interogated thereunto and that this worshipful court decree to your orator his said Debt of fifty three dollars and ten cents & his costs out of the monies that may be in the hands of the said Buffington and all other and further relief as may seem agreeable to equity and good consciense, and grant to your orator your most gracious writ of subpoena and your orator as in duly bound will ever pray Do.

 

James Wilson (signature)

 

Cabell County Court

James Wilson came before me the subscriber a Justice of the Peace for said county and made oaths that the allegations in the above Bill are true as far as stated from his own knowledge and what is stated from information he believes to be true Given under my hand this 23rd day of August 1819

Abraham Holder by

John Lawrence

 


 

Not to be cited without acknowledgement to

WESTERN HISTORICAL MANUSCRIPT COLLECTION

23 Ellis Library, University of Missouri-Columbia

Columbia, MO 65201

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