John McCann-- Lawsuit Jeremiah Doxey vs. John McCann, 1810 -- Lawsuit

Contributed to the Sumner Co., TNGenWeb page
by Robert McCann at [email protected]
© 2007

Source: Transcribed from a microfilm copy from the Sumner County Archives
LAWSUIT #6487

John McCann Lawsuit - 1810
THIRD CIRCUIT }
} STATE of TENNESSEE
SUMNER COUNTY }

John Deu lessor of Jeremiah Doxey Senior by his attorney complains of Richard Few in custody for this; whereas Jeremiah Doxey Senior on the first day of August in the year 1810 at the County of Sumner aforesaid demands and the farm let to the said John Deu our messauge and fourteen acres of land situate in the county & state aforesaid and on the waters of the west fork of Station Camp Creek; Beginning at a stake Mathew Andersons most extreme northwest corner. Thence south with his west boundary line till it strikes Ephraim Payton's north boundary line and said Andersons southwest corner. Thence east with Payton's line to a black Ash said Doxeys corner. Thence north with the line that divides said Doxey and John McCann, to a blackberry Nicholas Boyce's corner. Thence west with said line to the beginning. with the appurtenances to have and to hold to the said John Deu and his assigns for the term of ten years from thence next ensuing and full to be complete and ended. By virtue of which demise the said John Deu entered into the said Messauge and tract of land was therefore possesses, and being so possessed the said Richard Few afterwards; to wit on the tenth day August in the said year 1810 with force and arms entered in the said messauge and tract of land in and upon the possession of the said John his term not yet being ended and ejected, drove out and amoved said John and the said Richard then and there were other wrongs & enormities to the said John did, whereby the said John Deu says he is injured and is endamaged five hundred dollars and thereupon he brings suit & thereon pledges to prosecute, etc.
KC


MR. JOHN McCANN - A Citizen of Sumner County
I am informed that you are in possession of a claim title to the premises in this declaration of ejectment mentioned or to some part thereof, and I bring suit in this action as casual ejector and having no claims or title to the same do advise you to appear at the next Circuit Court of the State of Tennessee to holden for the County of Sumner at the Courthouse in Gallatin on the second Monday in October next and then and there by said rule of that court to cause yourself to be made defendant in my stead, otherwise I shall suffer judgment to be entered against me and you will be turn out of possession.
Your Friend
Richard Few
Sept 18th 1810

DOXEY }
VS. } PLEA of the DEFENDANT
McCANN}

IN THE CIRCUIT COURT FOR THE COUNTY OF SUMNER OCTOBER TERM 1810 - John Deu on the claims of J. Doxey vs. Richard Few

It is ordered in this cause by the Court and by the oppose of both parties and their attorneys, that John McCann may be made defendant - in the place of the now defendant Richard Few and shall immediately appear together with plaintiff's action and shall receive a declaration in a plea of trespass ejection of the tenements in question, and shall immediately plead thereto NOT GUILTY and upon this trust shall confess tenancy of said lands and messauge by title only. Said offense the head of the therefore named James McCann do not confess tenancy or rents and by reason thereof the plaintiff can not prosecute his writ, whereas said claim of the defendant be now mute shall cease and the said McCann shall pay back costs to the plaintiff only the cash he owes shall be taxed and adjudicated for which default is owed to said of this suit: and being more shall be taxed against the said Richard Few named the casual ejector by default. And it is further ordered that if upon the hereafter the said above verdict shall be given for the defendant, or if the plaintiff shall adjudicate his writ upon any other cause, therefore was or is constituting claims only named order as found therein the leaser of the plaintiff nullify costs of the plaintiff hereof doth herein trust.

And thereupon the said John McCann by his attorney, John Haygood command defend the said from injury whereon and where it shall behoove him and saith that he is no wise guilty of the trespass and ejectment aforesaid as they and John Deu above who complain against him and thereof he puts himself upon the County

J. Haygood for the J. McCann


J. DOXEY }
VS. } PLOT OF THE DISPUTED LAND (note) there was a surveyors plot of this land.
JOHN McCANN}
Beginning at a red oak stump, supposed to be Charles Carter's original Southeast corner. Thence with his line one hundred and eighty-five poles and six-tenths to a dogwood in said Carter's line corner to John McCann's claim containing in all along said line one hundred and ninety-five poles to a stake in said line where Jeremiah Doxey claims to, that being the distance Anderson grant calls for on that line. The marks appear to be old. Then north Eighty-nine degrees east twelve poles and seven-tenths to an ash corner to said McCann in said Payton's line containing same course along said line, in all one hundred and seven poles and three-tenths to an Elm old corner to John Peyton. Thence north one degree left along said John Peytons line sixty-nine poles to his corner, a black walnut.

The right hand or easterly dotted line from the dogwood to the ash is the line claimed to by John McCann. The next or middle dotted line is a south line runs from the end of one hundred and ninety-five poles west from Carter's southeast corner, along his line which is the distance called for on that line on Anderson's grant. to a stake in Ephraim Payton's north boundary line. The left hand or westerly dotted line is from the same point in Carter's line to a point in said Payton's line one hundred and twelve poles west of John Peyton's elm corner in said line. That being the distance called for in that line in Anderson's Grant. All which is truly represented by the above plot, - March the 10th 1811
Surveyed by William Montgomery
pole bearers ~ Henry Vincent / James Douglass


JERRY DOXEY }
VS, } Depo of M. Anderson
JOHN McCANN }

TO THE CLERK OF THE CIRCUIT COURT OF SUMNER COUNTY

Agreeable to a commission to Us, James Cryer and Edward Douglass - directed from the Circuit Court of Sumner County have proceeded to take the deposition of Matthew Anderson, who after being duly sworn, deposith & saith that is to say that the place where William Montgomery Esq. began to run out or resurvey the preemption of this deponant was to the best of his knowledge within four feet of where the former corner original corner stood or there about. And further the deponent saith not.

Sworn to and Subscribed }
his
before us at the house of}
Mathew (X) Anderson
James Cryers on Saturday}
mark
the 25 May 1811

James Cryer
Edward Douglass


Jeremiah Doxey Senior, Lessee
Vs.
John McCann
filed 1st February 1812
came to hand the 3rd February 1812
Executor of Court

STATE OF TENNESSEE
To the Sheriff of Jackson County } GREETINGS
We command you to summon Charles Carter & Uriah Anderson personally to be and appear before the Judge of our third Circuit on the next Circuit Court to be holden for the County of Sumner at the Courthouse in Gallatin on the second Monday in April next, then & there to testify and the truth to speak in behalf of Jeremiah Doxey Senior in a certain matter of controversy in said Sumner Circuit Court depending wherein Jeremiah Doxey is plaintiff and John McCann is defendant: Herein let them fail not under the penalty of one hundred & twenty-five Dollars each.

Witness Bennett H. Henderson clerk of our said Court at office the Second Monday in April - October A.D. 1811 XXXVI years of American Independence
B.H. Henderson Clk.

FINAL JUDGEMENT IN THE CASE OF JEREMIAH DOXEY Vs. JOHN McCANN

John McCann do not confess trespass only but also wrongful ejection of John Deu, and the said McCann shall repay back costs to the plaintiff, Jeremiah Doxey, by reason he was in default in the ejection against John Deu. And aforesaid plaintiff, Jeremiah Doxey, shall be in default against said Richard Few because he became ejector by default. And it is ordered that the aforesaid verdict shall be binding upon any other cause. The defendant, the aforesaid Richard Few confessing lease only on the land do request that as the lessee of the plaintiff share costs of the plaintiff in the cause brought against him. And therefore the said John McCann by his attorney, John Haygood command and confirm that he is in return guilty of the trespass and assault on the aforesaid John Dew.


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