Filed Ocb 13th 1829
D E McKinney
clk

[Image of page 2]
a copy of the original Papers and records of the Phillips Circuit Court in a certain suit wherein James Johnson was plaintiff and Alexander Reese was defendant in an action of Trespass vi [et armis]

United States of America

Territory of Arkansas
County of Phillips
ss

In the Circuit Court within and for said County at the Term of November AD 1826

James Johnson by his attorney William B.R. Hornor, complains of Alexander Reese of a plea of Trespass &c. For that the said Alexander Reese on the sixteenth day of July in the year one thousand eight hundred and twenty six, with force and arms &c. seized, took and drove away one negroe woman Named Eliza alias Lize of the property of him the said James Johnson of great value to wit of the value of Five hundred dollars to wit at the County aforesaid and then and there detained and kept the said negroe for a long space of time to wit, hitherto to wit from the said sixteenth day of July to the commencement of this action, whereby the said James Johnson for and during all that time lost and was deprived of the use labour and benefit of his said negroe to wit at the County aforesaid. and also that the said Alexander Reese on the day and year aforesaid, at the county aforesaid with force and arms &c seized took and drove away one other negroe woman named Eliza, (alias Lize) of the property of him the said James Johnson of great value to wit of the value of Five hundred dollars then there found and being, and converted and disposed of the same to his own use, against the peace and dignity of the United States and to the damage of the said James Johnson [Image of page 3] one thousand dollars, and therefore he sues &c
(signed) Wm B R Hornor Plf atty.

James Johnson
vs
Alexander Reese
The clerk of the Circuit Court for Phillips county, will issue a summons on the foregoing declaration returnable to November Term 1826 and endorse "this is an action of Trespass vi et armis, no bail required"
October 4th AD 1826
(signed) Wm BR Hornor Plf atty.

(Endorsed)
James Johnson vs Alexander Reese – Trespass vi et armis, "This is an action of Trespass vi et armis. no bail required
(signed) Geo. W. Ferebee clk

Executed in Cache Township on the 20th day of October 1826
(signed) D Mooney sheriff
service — .80
circular miles 80 — 4.80
$4.80

Filed 5th October 1826
(signed) G.W. Ferebe clk

No. 2.
writ

Territory of Arkansas
County of Phillips
United States of America
ss

To the sheriff of said County greeting –
You are hereby commanded to summon Alexander Reese if he may be found within your bailiwick, to appear before the Judge of [our] Circuit Court at the Court house in the county aforesaid [on] the first day of our next November Term, then and there to answer James Johnson to a plea of Trespass vi et armis, and to his damage [Image of page 4] one thousand dollars; and that you make due return of this writ to our said court.

In Testimony whereof, I have hereunto set my hand and affixed my official seal at office this 5th day of October 1826, and in the 51st year of the American Independence
(signed) G.W. Ferebee clk
(seal)

No 3.
Plea of joinder

Johnson
vs } Tr vi et armis
Reese

"and the said defendant, comes and defends the force and injury when &c and for plea saith actis non, because he says he is not guilty in manner and form as the said plaintiff hath thereof declared against him then & there and of this he the said Reese puts himself upon the Country &c (sd) Oden & Sevier P Deft."

Endorsed on the back – "Joinder to the within Plea
(sd) Hornor & Ashley."

Filed 14th November 1826
(sd) Geo. W. Ferebee clk.

No 4.
order of court.
at Nov T. 1826

Territory of Arkansas
Phillips County
In the Circuit Court November Term 1826 – Judge Eskridge presiding.

Johnson
vs } Trespass vi et armis
Reese

Plea filing and continuing

No 5. order of cont. Mar. T. 1827
James Johnson
vs } Trespass
Alexander Reese

In the Circuit Court March Term 1827
Judge Eskridge presiding –
Continued by Consent.

[Image of page 5]
Territory of Arkansas
County of Phillips
In the Circuit Court July Term 1827
Judge Roan presiding

James Johnson
vs } Trespass vi et armis
Alexander Reese

Now at this day came the parties by their attornies, and also came a jury to wit, Elisha Franks, Charles Ewell, Griswold Latimer, John Bailey, Stephen Tyer, George W. Neeley, Mark W. Izard, James Standlee, Andrew Burress, John Hill, John Campbell, and William Ritchey, who being elected, tried and sworn, well and truly to try the issue joined upon their oaths say, that, "we of the Jury find for the plaintiff the sum of Four hundred dollars in damages" It is therefore considered that the plaintiff have and recover from the defendant, the sum of Four hundred dollars damages together with his costs in and about his suit in this behalf expended, and that the defendant be in mercy &c. In this case the defendant by his attorney tendered a Bill of exceptions, which was signed by the Court filed and made a part of the record.

Johnson
vs } Trespass
Reese

Be it remembered that on the trial of this case, the defendant pleaded a plea of not guilty, and on the trial of the case offered in evidence his Letters of administration to justify his taking the property in the declaration mentioned, which was objected to by plaintiffs Counsel, which objection the Court sustained. To which opinion of the Court the defendant by his counsil excepts, and prays that this his Bill of exceptions may be signed, sealed and made a part [Image of page 6] of the record of this case. (Sd) Sam C Roane.
Filed July Term 1827

Geo. W. Ferebe clk

James Johnson
vs } Trespass
Alexander Reese

In the Circuit Court July Term 1827
Judge Roane presiding
On Motion of the defendant an appeal is granted in this case, on his entering into Bond with sufficient security in the sum of Eight hundred dollars.

Know all men by these presents, that we Alexander Reese as principal, and Sylvanus Phillips as security, are held and firmly bound unto James Johnson in the penal sum of Eight hundred dollars, which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators firmly by theses presents, as witness our hands and seals at Helena this 13th day of July AD 1827.

Now the condition of the above obligation is this. whereas the above bounded Alexander Reese has appealed from the Judgment of the Circuit Court in and for the County of Phillips in the Territory of Arkansas, rendered at the July Term of said Court in a suit wherein he the said Alexander Reese was defendant and James Johnson was plaintiff, in which said suit a judgment was rendered in favour of the said plaintiff for the sum of four hundred dollars together with costs of suit to be paid by the said defendant to the said plaintiff – Now therefore if he the said Alexander Reese shall appear at the next Term of [Image of page 7] Superior Court of the Territory of Arkansas, at a court to be holden at the Town of Little Rock in & for the said Territory on the 2d Monday of October 1827 and prosecute his appeal in said Superior Court, abide the decision of the said Superior Court, and pay all the costs which have heretofore or may hereafter be adjud taxed by the said Superior Court then this obligation to be null and void - else to remain in full force and effect –
Alexander Reese (seal)
Sylvanus Phillips (seal)

Signed, sealed and
acknowledged in open
Court this 13th July 1827
Geo. W. Ferebee clk
Filed 13th July 1827
Geo. W. Ferebe clk

Griswold Latimor, and Mark W. Izard, two of the jurors who sat in the case of James Johnson, and Alexander Reese as jurors & on oath states, that on trial they gave unto Johnson what was the value of the negroe, and they believe it was the impression of all the jurors. They did not give their verdict for damages for the taking but for the value of the negroe girl Eliza and further saith not.

Griswold Latimer
M W Izard
Sworn to in open Court
12th July 1827
Geo. W. Ferebe clk
Filed July Term 1827
Geo. W. Ferebe clk

[Image of page 8]
James Johnson
vs } Trespass vi et armis
Alexander Reese

In the Circuit Court of Phillips County July Term 1827. Judge Roane, presiding –

On Motion for reasons filed, a new trial is awarded in this case, on the defendant paying all the costs which has yet accrued; and the plaintiff have and recover all his costs in this suit expended

James Johnson
vs } Trespass
Alexander Reese

In the Circuit Court of Phillips County January Term 1827. Judge Bates Presiding

On Motion of Defendants attorney, leave is granted to amend the plea in this case.

Territory of Arkansas
Phillips County

Alexander Reese
adstm
James Johnson
– and the said Alexander Reese by his atty comes and defends the force and injury when &c. and says that he is not guilty of the said supposed Trespass above laid to his charge, or any part thereof in manner and form as the said James Johnson hath above thereof above complained against him, and of this he the said Alexander Reese puts himself upon the Country. – and the plaintiff doth the like Hornor & Ashley

and for a further plea in this behalf as to the taking the said negroe woman Eliza (alias Lize and detaining her &c and as to the other Trespasses alledged in the said County of the said plaintiffs declaration, and supposed to have been done [Image of page 9] and committed by him the said Alexander Reese. He the sdAlexander Reese by leave of the Court here for this purpose first had and obtained according to the form of the statute &c says that the said James Johnson ought not to have or maintain his aforesaid action thereof against him because he says that before the committing of the said supposed Trespass by him the said Alexander Reese. The Circuit Court of the County of Phillips in the Territory of Arkansas aforesaid at the July Term of the Circuit Court of sd County in the year 1826 had caused an order to be made that Letters of administration should be granted by the Clerk of the said Court to the said Alexander Reese on the estate of Isham Dukes deceased, which Letters were accordingly granted to the said Alexander Reese on the said estate of the said Isham Dukes by the Clerk of the Circuit Court in and for the County of Phillips at the Court house for said County on the twentieth day of July in the year of our Lord one thousand eight hundred and twenty six by virtue of which order aforesaid and Letters of administration aforesaid the said Alexander Reese was authorised and required by law to take into his possession and charge all the personal estate of said Isham Dukes deceased

And the said Reese avers that the said negroe woman Eliza (alias Lize) was of the estate of the said Isham Dukes deceased, and part and parcel of the goods and chattels of said Dukes deceased, and that he the said Reese took the said negroe woman Eliza (alias Lize) out of the possession of the said James Johnson, by virtue of the order and Letters aforesaid as he might lawfully do and this he the said Alexander Reese is ready to verify wherefore he prays judgment if the said James [Image of page 10] Johnson ought to have or maintain his aforesaid action thereof against him - (signed)

Wm Cummins
for Defendant

Filed July January Term 1829
Geo. W. Ferebe clk

No 14
Replication

Territory of Arkansas
County of Phillips
Circuit Court within and for said County at the Term of January 1829

James Johnson
vs } Trespass
Alexander Reese

and the said James Johnson, as to the said plea of the said Alexander Reese by him secondly above pleaded, sayeth that he the said James Johnson by reason of any thing by the said Alexander Reese in that plea alledged ought not to be barred from having and maintaining his aforesaid action thereof against him the said Alexander Reese, because he sayeth, That the said negroe woman Eliza (alias Lize) was not of the estate & part and parcel of the goods & chattels of the said Isham Dukes deceased at the time the said Trespass was committed or at any other time – He puts himself upon his country –
Ashley & Hornor for Plf.
and the defendant doth the like
Clark & Cummins for Defendant

Filed 19th January 1829
Geo. W. Ferebe clk

No 15 Demurer to Replication
Territory of Arkansas
County of Phillips
In the Circuit Court January Term 1829
Judge Bates presiding

James Johnson
vs } Trespass

[Image of page 11]
Alexander Reese

[Left Margin]
Legal form waived by consent
replication amended
mo to admit Robins's testimony overruled. & bill of except filed A
verdict
Judgement.

Now at this day came the parties by their attornies, and the defendant demurs to the replication of the plaintiff to his second plea generally, and the plaintiff joins to the same, and the parties waive the legal forms in this nature by consent, which demurrer was sustained by the court, and the plaintiff amended his declaration replication, upon which issue was joined – whereupon came a jury to wit. Hiram Dunn, Stephen Calvert, William G. Roper, Alexander Kinkead, Peter McDowell, John Bailey, Luther Dodge, James P. Kellem, Obadiah Roberts, Thomas Bailey, James Calvert, and Walter Burress, twelve good and lawful men of the County, who after being empanneled and sworn the defendant moved the Court to admit the Testimony of Joseph Robins, which motion was overruled by the Court; to which opinion the defendant excepts, and tendered his Bill of exceptions marked A which was signed and sealed by the Court and ordered to be made part of the record; whereupon the Jury after hearing the evidence retired to consider of their verdict, and after some time spent thereon brought into Court the following "we of the Jury find the defendant guilty, and assess the plaintiffs damage to Five hundred and fifty dollars. "James P. Kellen foreman" It is therefore considered by the Court that the said James Johnson have and recover from the said Alexander Reese, the said sum of Five hundred and fifty dollars for damages, together with the amount of his costs in and about his suit in this behalf expended.

[Image of page 12]
No 16. Bill of Exceptions
James Johnson
vs } action of Trespass
Alexander Reese

Phillips Circuit Court January Term 1829
Be it remembered that on the trial of the above entitled case, The plaintiff proved that he had possession of the property in the Declaration mentioned viz the negroe girl Lize from March till July 1826 and that at the last mentioned time the said defendant took the said negroe from his possession after which plaintiff proved that the negroe in question was for a time in possession of a certain John Dukes in his life time, now deceased & that said Dukes by his will dated 26th day of October 1824 duly proven and recorded on the Nov 23d 1824 devised the said negroe by name and all his personal estate also (except one rifle gun) to his wife Sally Dukes and his infant son Isom, which will was produced and read to the Jury. & said plaintiff also showed that in December 1825 she was legally appointed guardian for said infant Isom Dukes by circuit Court of Phillips County. and plaintiff also proved that before the commencement of this suit, he had legally married Sally Dukes late widow of John Dukes deceased. The defendant objected to the introduction of the foregoing evidence of the guardianship, of the will and of the marriage which were admitted by this Court, to which the defendant excepts, and prays this his Bill of exceptions, may be signed, sealed, and made a part of the record.
(sd) Js. Woodson Bates (seal)
Filed 21st January 1829
Geo. W. Ferebee clk

[Image of page 13]
No 17. Bill of Exceptions
Phillips Circuit Court January Term 1829
James Johnson
vs
Alexander Reese
The defendant by his attorney moves the court, to set aside the verdict of the jury given on the trial of this case, at the present Term of this Court, and to grant a new trial on the following grounds to wit, that the plaintiff on the trial of this case proved that the negroe girl Eliza in the declaration mentioned was the joint property of the plaintiff Johnson (in right of his wife) and of Isom Dukes a minor under the age of 21 years who had an equal interest in the said negroe with the said, and the Jury found damages in favour of the said Johnson in his individual right to the amount of the value of the negroe Eliza which they could not find to be his sole property, from the evidence above recited which the defendant alledges to have been a mistake on the part of the Jury & therefore prays that a new trial may be granted him.
Cummins & Clark for Defenant

Which motion made on the 21st January, the Court overruled to which opinion of the Court the defendant by his Counsel excepts and prays that this his bill of exceptions above set forth, may be considered as part of his bill, and that this bill may be signed, sealed and made a part of the record in this case (sd)
Js. Woodson Bates (seal)

No 18
Bill of Exceptions
James Johnson
vs } Phillips Circuit Court January Term 1829
Alexander Reese

Be it remembered that on the trial of this case, the defendant offered as a witness in his behalf [Image of page 14] Joseph Robins, whose testimony was not admited by the Court on the grounds that he was interested – which interest was proven to be as follows to wit; the said Robins intermarried with the widow of Isom Dukes, by virtue of which marriage he became entitled to his wife Nancy Robins's share or part of the estate of Isom Dukes her former husband. In this case Alexander Reese the defendant is sued for having taken from the possession of the plaintiff a negroe which he alleges in his second plea to be the property of the estate of Isom Dukes deceased, in which estate Robins is interested by virtue of the marriage aforesd, on account of which interest the court declared the said Robins an incompetent witness in this case. To which opinion of the Court the defendant by his counsel excepts, and prays that this Bill of exceptions may be signed, sealed and made a part of the record.
(sd) Js. Woodson Bates (seal)
Filed January Term 1829
Geo. W. Ferebee Clk.

No 19
Affidavit of defendant
The undersigned Alexander Reese, being duly sworn in open Court, says that there are no other persons in this country, or elsewhere by whom he knows he can prove all the facts in relation to the property in dispute, in this case, and who are cognizant of the facts in relation to the estate of which he is administrator. He therefore prays that the Court would admit the testimony of said persons. Alexander Reese
sworn to and subscribed before me this 19th January 1829
Geo. W. Ferebee clk
Filed 19th January 1829
Geo. W. Ferebee clk

[Image of page 15]
No 20 mo of defent for an appeal
James Johnson
vs } Trespass vi et armis
Alexander Reese
In the Circuit Court of Phillips County January Term 1829
Judge Bates presiding –

On motion of the defendants attorney, an appeal is granted in this case, on his entering into Bond according to law in the sum of Fifteen hundred dollars, whereupon he tendered Joseph Robins and Sylvanus Phillips as his securities who were approved of by the Court.

No 21
Appeal Bond
Know all men by these presents that the undersigned Alexander Reese as principal, and Joseph Robins and Sylvanus Phillips or his securities are held and all of the county of Philips and Territory of Arkansas, are held and firmly bound unto James Johnson his heirs and assigns in the penal sum of fifteen hundred dollars, lawful money of the United States, for the payment of which well and truly to be made, they bind themselves their heirs & firmly by these presents –

The condition of the above obligation is such that whereas the said Alexander Reese has this day prayed an appeal to the Superior Court of the Territory of Arkansas from the Circuit Court of the County of Phillips on a final Judgement of said Court in an certain action of Trespass in which the said James Johnson is plaintiff and the said Alexander Reese is defendant. Now if the said Alexander Reese shall well and truly pay the amount of the damages and costs which have been adjudged against him in the case aforesaid in case the superior Court aforesaid shall confirm the Judgement of the said inferior court, then this obligation shall be null and void, other [Image of page 16] wise to remain in full force and virtue – given under their hands and seals this 21st day of January 1829.
Signed, sealed and acknowledged before me this 21st day January 1829

Alexander Reese (seal)
Jo. Robins (seal)
Sylvanus Phillips (seal)

Filed January Term 1829
Geo. W. Ferebee clk

Territory of Arkansas
County of Arkansas
United States of America
sct

Certificate of Record
I George W Ferebee clerk of the Circuit Court within and for the County aforesaid, do certify that the foregoing fifteen pages (marked from 1st to the 15th inclusive,) contains a true perfect and entire copy of all the proceedings had in the foregoing entitled suit wherein James Johnson was plaintiff and Alexander Reese was defendant in an action of Trespass vi et armis, as appears to me from the records and files of my office. In Testimony whereof I have hereunto set my hand and affixed my official seal at Helena this twenty eighth day of September AD one thousand eight hundred and twenty nine & of the Independence of the United States the 54th.
Geo. W. Ferebee clerk

Fees – copy – $5.04
cert & seal – .50
$5.54
Geo. W. Ferebee clk

Previous Page | Next Page