Cowan vs Joseph Haston
Summary of Materials & Information in this Docket File
Page That Looks Like Spine of A Book
Samuel Cowing vs Joseph Haston
Opposite Side of Above Page: Type Set Form Used to Summons a Witness
Same form as before, but…
Front of Page Looks Like Spine of a Book ("1385 1235; Samuel Cowan vs Joseph Hasting; Bill & Papers - April 1800")
Back of Page Contains Lists of Court Costs
Another document that appears
to be from the spine of a book
Opposite side of the above document:
Two type set forms
It is signed by Hugh White (Cowan’s attorney) and by Samuel Cowan (his own handwriting) and by (blank) Montgomery (appears to be his own handwriting, but maybe not so)
Bail Bond Paper
Hastings to R Houston
On this same
Opposite side of that page:
State of Tennessee
Know all men by these presents that we Joseph Heastings, Daniel Heastings and David Heastings of the County of Knox in the State aforesaid do bind ourselves our heirs etc. unto Robert Houston Sheriff of The County and State ___ and ___ assigns in the sum of two thousand dollars, to be void on condition that the above ___ Joseph Heastings doth make his personal appearance before the Justices of our County Court of Pleas and quarter sessions at the Court House in Knoxville on the second Monday of October next, then and there to answer unto Samuel Cowan of a Pleas of trespass (Latin terms follow) to his damage one thousand dollars then and there abide the Judges and ___ of the said Court and not depart the same without leave, ___ with our ___ and dated this 16th day of August 1800.
The bond is clearly signed by…
in his own handwriting.
Page That Looks Like Spine of Another Book (summons for another witness)
Type Set Form Used to Summons
a Witness (opposite side of previous page)
Same form as the one used with Robert Houston, but…
Cowans vs Hasting Narr. (Narration of Court Proceedings)
of the Above Page:
State of Tennessee, Knox County October ___ 1800
Samuel Cowan and his Attorney complaining of Joseph Hastings ___ of the County of Knox ___ in custody of the Sheriff of a plea of trespass _______.
For this that whereof the said Samuel was peaceably of a certain close [close = lot of piece of ground] or Timothy lot situated in the County aforesaid on the South side of Holston River opposite Knoxville and being so possessed__the said Joseph on the day of ___ one thousand eight hundred at __ viz, in the County aforesaid with force and arms broke down and __ down the fence of the said ___ Timothy ot and intrude the said close or Timothy lot with his feet by walking and tramping ____ down and ___ the grass and timothy of the said Samuel in the said close and Timothy lot then and there growing of the value of fifty dollars; and also by throwing down and breaking down the fence of the said close or timothy lot caused the swine to go into the said close and timothy lot and beat down root up and destroy the grass and Timothy of the said Samuel in the said close and Timothy lot then and there growing to the value of this fifty dollars and other wrongs then and there did to the great damage of the said Samuel against the Peace of the State aforesaid wherefore the said Samuel saith he is injured and endamaged One thousand dollars and therefore he sues.
(on lower right of document…something
Page That Looks Like It Was From the Spine of the Book
Samuel Cowing vs Joseph Haston somon Robert Houston [Sheriff] for the Defenden
day December 1800 W. Breazeale
summons was executed on Christmas day!
Back Side of Previous Page: Type Set Form Used to Summons a Witness
To the Sheriff of Knox County
We command you to summon Robert Houston personally to be and appear before the Justices of our County Court of Pleas and Quarter-Sessions, to be held for the County of Knox, at the Court-house, in Knoxville, on the second Monday of January next, then and there to testify and the truth to say on behalf of Joseph Haston in a certain matter of controversy in our said Court depending, wherein Samuel Cowing is Plaintiff, and Joseph Haston is Defendant. And he shall in no wise omit, under the penalty prescribed by Law.
Signed by Charles McClung, Knox County. Court Clerk (1788)
Looks Like Spine of Another Book
Type Set Form Used to Summons a Witness (opposite site of previous page)
Same form as before, except…
Cowan vs Hasting } Plea (I assume, appeal after a judgment against his case)
Back Side of This "Plea" Page:
Samuel Cowan vs Joseph Hasting
And the said
Samuel saith that he by anything contained in second plea of the said
Joseph in __ ___ form above pleaded ought not to be barred from having
and maintaining his actions thereof against him be cause he saith that
the place in which the above trespass was committed in his the said
Samuel’s own freehold and that the said Joseph committed the said
trespass of his own wrong and without this that he had any such
justification as h hath alleged and this he prays may be inquired of by
“White” Att. (attorney for the prosecution?)
D. Breazeale (attorney for the defendant)
S. Cowan vs J. Haston -- Plea
Back & Front Page With This Information:
Samuel Cowan vs. Joseph Huston / October Sessions 1800
Joseph Haston by his attorney comes into court and defends the force and injury when and where etc and as to the coming with force and arms and everything that is against the peace of the state and also as to all the afore said trespasses, except the breaking down the fence by him the said Joseph above supposed to have been committed he the said Joseph saith he is in no wise guilty thereof as the said Samuel above thereof complains against him and of this he puts himself on the on the Country.
DWBreazeale Attorney for Defendant
And as to the breaking or pushing down the fence by him the said Joseph above supposed have been committed he the said Joseph saith that the said Samuel ought not to have or mention his said action against him for the same because he saith that before the time___ the said trespass above supposed to have been committed a certain John and Jane Wood being possessed of a lot of land ajoining the close of the said Samuel in his declaration above described by their agent James Charter leased the said lott of land to a certain Daniel Haston the father of him the said Joseph and that he the said Joseph lived in the house of the said Daniel Haston on the said lot of land and that he the said Joseph was under the direction of the said Daniel as his the said Daniels servant and that the fince above supposed to have been broken or pulled down by him the said Joseph was the fence of him the said Daniel Haston and then and there built and standing on the lot of said of land of the said Daniels above mentioned and that he as the servant of the said Daniel Haston and by the command of him the said Daniel broke and pulled down the fince aforesaid of him the said Daniel as it was compel for him to do which is the same breaking and pulling down of the fince whereof the said Samuel above complains against him and this he is ready to verify whereof he prays judgement if the said Samuel ought to have and mention his said action against him for the same.
document that I didn’t find in the file of original court documents,
but that is in the transcribed version: (Source: Bottom of page77
of what appears to be a WPA transcribed copy of the original document;
specifics of the source not available)
And now at this day to wit at a Court held by the Justices aforesaid for the County aforesaid on the Second Monday of April 1801 till which time the empanelling a Jury was Respited and the plea aforesaid continued came the parties aforesaid by their attorneys aforesaid and thereupon came a Jury to wit, Robert Patterson, Robert Dimmit, Roland Childs, Acquilla Low (p. 102) ["p. 102" appears to be a WPA marking, indicating the page number of the original document from which this material was transcribed.]
John Dermand, Jr, James Rodgers, George Guthery, William Johnston, Obadiah Wood, Daniel Rather, Phillip Delancey and William Stanfield who being elected, tried and sworn to truth to speak upon the issues joined…
Is this (jury member, John Dermand, Jr.) the John
Desmond, Jr. that put up security money for Daniel Haston and
Elizabeth Roddy in January, 1800 in the James Roddy estate settlement?
Source: Knox County, TN Court Case File: Docket # 1385/1235, Samuel Cowan vs Joseph Hasting (1800-1801); Available at Knox County, TN Archives
vs Joseph Hastings, WPA Transcription
Be it remembered that on the fourteenth day of August 1800 a Capias ad
Respondendum was issued commanding the Sheriff of Knox County to take the
body of Joseph Hastings to answer Samuel Cowan of a plea of Trespass Vi et
Armis quare clausum fugit to this damage One Thousand dollars.
Note: Samuel Cowan died within months after this law suit was over. A notice, dated November 3, 1801, in the Knoxville Gazette indicates that he had died and the settlement of his estate was underway. Jean Cowan was the Administratrix and Francis A. Ramsey was the Administrator of his estate.
Source: November 11, 1801 edition of the Knoxville (TN) Gazette.