Edward Worthington legal case, 27 June 1801

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 [Soulmin?] Secretary

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 defen dant 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

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

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

4. especially the said Defendants John Tittle Hugh Miller senior Benjamin Harrison may be compelled to set forth and on Oath discover whether they or either of them are indebted to the said other Defendant Callahan and in how much respectively, and whether they or either of them have not in their hands and possessions money, goods, property or effects of his the said Cal -lahan the said other Defendant; and what and how much. May it please this Honorable Court that the said John Tittle, Hugh Miller Senior, Benjamin Harrison and each of them may be enjoined from paying, transferring, secreting or conveying away the said Debts property or effects due or belonging to the said Callahan the said other Defendant if any they owe or have, until the further order of your Honors touch -ing the same, and that by a decree of this Honorable Court your Orator may have the said four hundred pounds or the value of the two hundred acres of Land what -ever it may be inconscience worth. To be made to your Orator out of the money Debts or effects due, and belong -ing to the said Callahan and in the hands of said other Defendants or otherwise. And to grant to your Orator such other and further relief in the premises as to your Honors may seem right and Equitable. May it please your Honors to grant the writ of subpeona &tc signed J. Bledsoe Atty [?] upon which which process of subpona being issued and served by the Sheriff upon the defendants John Tittle, Hugh Miller sen. and Benjamin Harrison, the said Miller and Harrison appeared and answered the said bill