Edward Pollard .vs Pirtles

Edward Pollard .vs Pirtles

White Co., TN
April 1844


White County Tennessee
Chancery Court Minute Book
Pages 116-119
April 1842 - January 1846

State of Tennessee
		Be it remembered that heretofore, to wit; on the 29 day of 
October 1842 there was filed in the office of the Clerk and Master of the 
District Court of Chancery at Sparta a Bill in the words and figures 
following, to wit.

State of Tennessee.  To the Honorable, the Chancellor assigned to hold the 
Court for said State presiding at Sparta.  The bill of complaint of Edward V. 
Pollard a citizen of White County Tennessee against Elijah Pirtle, G. 
Rockingham Pirtle, and Jacob L. Pirtle of said County and State Defendants.  
Humbly Complaining your Orator represents to your Honor, that as well as he 
recollects about the 1st of April 1842, he was prevailed upon as a mere 
matter of accommodation to a neighbor to become Surety or Security for the 
defendant Elijah Pirtle, for the Sum of two hundred and Sixty dollars in a 
debt payable to one Polly Davis.  At the time your Orator became bound as 
Such, said defendant Elijah was considered good and Solvent, being the owner 
of a Tract of Land in White County on which he then lived.  Supposed to 
contain about one hundred and fifty acres, tolerably well improved and well 
watered.  He was also the owner to the amount of a one half of a valuable 
negro man named Jacob, and the defendant Jacob L. Pirtle was the owner of the 
other half of said Slave, who is Supposed to be worth at least Eight hundred 
dollars.  Said defendant Elijah Pirtle was also the owner of considerable 
personal property.  Consisting in part of Stock, a distillery and house hold 
furniture.  Your Orator charges that the said defendant Elijah as he 
believes, has combined and confederated with the other defendants George R. 
Pirtle and Jacob L. Pirtle to cheat and defraud him and compel him to pay 
said Security debt to the said Polly Davis, for which debt he never received 
benefit to the amount of one cent for he expressly charges that said 
defendant Elijah Pirtle has within a few days past fraudulently conveyed his 
interest in said negro to the said Jacob Pirtle, and his interest in the said 
Tract of Land to the said George R. Pirtle, and that said conveyances both of 
the land and negro were without consideration made to hinder delay and 
defraud Creditors and especially your Orator and he charges that both of said 
Sales were fraudulent and void.  He further charges that the defendants 
Elijah and Jacob Pirtle, are brothers, and are cousins to the said George R. 
Pirtle.  Your Orator shows that the fraudulent conveyances were made at or 
near about the time the Judgment was obtained on Said deft for which you 
Orator is Surety to the said Polly Davis.  The said Elijah and your Orator 
having been cited on the first instalment of said debt two installments of 
the same being out then sued upon.  Of this debt one installment of $87.50 is 
now due but not yet sued and another one of the same will be due about the 
1st of January  next.  Further to show the fraudulent contrivances of said 
defendants your Orator charges that at or near the same time of the 
fraudulent sale of the land and negro the said defendant Elijah privately 
went out of  his neighborhood, or at all events if he did not confess 
Judgements in favor of the said Jacob Pirtle he let them go and executions  
were issued immediately and took the remaining balance of said Elijah's 
personal property thus striping your Orator of all means of indemnity as to 
his said Suretyship.  All which actings and doings are contrary to Equity and 
good conscience, and tend manifestly to the injury and ---?--- of your 
Orator.  He further Charges that he, your Orator is good and Solvent, in his 
circumstances and the said defendant Elijah wholly insolvent.  And your 
Orator knows that he will have to pay surity debts and he has reason to fear 
and does fear and so charges will be sold to some innocent purchaser or run 
from the County, he is also afraid that the defendant George R. Pirtle will 
in like manner convey said Tract of Land to some innocent purchaser without 
notice, and thus deprive your Orator of all means of Redress in the premises.  
In tender consideration where of and for as much as your Orators without 
remedy in a Court of Common Law and is only relievable in your Honorable 
Court of Equity, where matters of fraud and hardship and properly cognizable, 
he prays that the said Elijah Pirtle, Jacob Pirtle, and George R. Pirtle be 
made defendants to this Bill and that they be compelled upon their Corporal 
Oaths fully and truly to answer the same in all its parts.  And that the said 
Jacob be enjoined from Selling or disposing of said negro and that he be 
bound to give Security for the forth coming of said negro upon the final 
hearing of the cause and that the said George R. Pirtle be enjoined from 
selling or disposing of said Tract of Land.  He further more prays that by 
decree of your Honorable Court the sale of one half of said negro and the 
sale of said land be canceled and declared void, and that said Elijah's 
interest in said Slave be sold and the money arising therefrom applied as an 
Indeminty to your Orator and if he should not sell for enough that said Land 
be in like manner Subjected.  Before the hearing of this Cause your Orator 
will place himself in the Condition of a Judgement Creditor.  He prays for 
such other and further relief as Equity and good conscience may entitle him 
to receive.  This is his first application for an Injunction in the cause he 
prays for copies and Subpoenas.
						Nelson & Goodall, Sols

Chancery Court Clerks office Sparta Oct. 15th 1842.
		Personally appeared before me, Edward V. Pollard the complainant 
in the foregoing Bill and made oath in due form of Law that the allegations 
in said Bill are true to the best of his information Knowledge and belief 
Sworn to and subscribed before me this date above written.    	William E. 
Nelson D. C.					Edward V. Pollard

Let the Clerk of the Chancery Court at Sparta Issue an Injunction to prevent 
the sale of the Land mentioned in the Bill and also directing the Sheriff to 
take & keep the negro unless defts give bond & Security in $800, that he 
shall be forth coming to answer the decree herein to be pronounced Complt 
giving bond and Security in $500 to answer Costs damage etc 17 Oct 1842.
							Ab Caruthers Judge   4th Jud. 

Know all men by these presents that we Edward V. Pollard and Smith J. Walling 
of the County of White are held and firmly bound unto Elijah Pirtle, George 
R. Pirtle and Jacob L. Pirtle of the County and State aforesaid in the Sum of 
Five hundred dollars which payment will and truly to be made and done we bind 
ourselves and each of our Heirs Exers and admr.  Jointly and Severally firmly 
by these presents Sealed with our Seals and dated this 29th day of October 
1842.  Now the condition of this obligation is Such that whereas the above 
bound Edward V. Pollard has this day filed his Bill of Injunction in the 
chancery Court at Sparta Tennessee against the said Elijah Pirtle George R. 
Pirtle and Jacob L. Pirtle alleging fraud, combination etc between the said 
defendants respecting a certain Tract of Land and also a negro man in the 
Bill mentioned and praying that said Jacob L. Pirtle be enjoined from selling 
or disposing of said negro and that said George R. Be enjoined from Selling 
of disposing of said Tract of Land.  Now if the Said Edward V. Pollard Shall 
well and truly present this said Suit with effect as in case of failure so to 
do shall well and truly pay all Costs that may be adjudged against him and 
shall well and truly pay said defendants all damage they may Sustain from the 
wrongful suing out the Injunction, then the above obligation to be null and 
void otherwise to be and remain in full force and effect.
								Edward V. Poland   (Seal)
								S. J. Walling     (Seal)

Edward Pollard	|
	vs		|
Pirtle --?--		|     And the said George Pirtle for answer to the 
said Bill says that it and 			       afterwards -----------------
------------missing line------------------- the words and figures following 
to wit:

Edward V. Pollard	|
	va		|
Pirtle &		|     And the said George Pirtle for answers to the said 
Bill Says that the matters and things Set forth and charged therein are 
insufficient for the Complainant to have relief or any decree therein and for 
want of a Suficient Bill and Equity this defendant demurs and for causes Sets 
down the following.  1st This Bill is multifarious.  2nd There is no Equity.
								Turney   Sol.
	And afterwards towit at the April Term of said Court A.D. 1843 and the 
11th day of said Month there was by the Court pronounced a decree in the 
words and figures following to wit:
Edward V. Pollard		|
	vs			|     Inj. Bill
Elijah Pirtle, George		|
R. Pirtle & Jacob L. Pirtle	|          Be it remembered that this cause 
came on to be heard this day before the Hon Brownfield S. Ridley chancillor & 
upon Bill and demurer thereto, and the matters of Law in the same, having 
been argued and fully understood by the Court, therefore because in the 
opinion of the Court, In matters of Law arising on the dummurer are with the 
defendants, it is ordered adjudged and decreed that the demmurer be 
sustained, and upon motions of Complainants counsel and for reason 
satisfactory to the Court, it is odered that Complainant have leave to annuel 
by dismissing as to George R. Pirtle upon the payment of all costs for which 
let fifa issue.
	And afterwards to wit on the 13th day of April A.D. 1843 there was 
filed in the office of the Clerk and master of the Chancery Court aforesaid 
an answer in the words and figures following to wit: The separate answer of 
Jacob L. Pirtle to the Bill of Complaint of Edward Pollard filed in the 
Chancery Court at Sparta Tennessee against him and others.  This respondent 
saving and reserving all benefit for Errors and untruths in Complainantts 
bill set forth, for answer thereto or to as much as he is advised is 
material, answeres and says.  That is to said charge in the Bill that 
complainant had become the Surity of Elijah Pirtle to Polly Davis for two 
hundred and Sixty dollars or any other sum he knows nothing and requires 
proof nor does he know as to the Solvency of Elijah but believes it true as 
charged in the Bill that he had a small tract of Land which was poor and 
worth but little.  This respondent denies that Elijah Pirtle was the owner of 
the half of the negro man Jacob but on the contary though a bill of sale was 
made to said Elijah and himself by James Knowles administrator yet long 
before the transaction mentioned in the bill respondent being the only 
responsible person to pay for said negro he took the whole interest and 
became the sole owner and the administrator returned his sale accordingly.  
The said Elijah never paid one cent for said negro he was worth about the 
price charged in the Bill at the time but negroes has fell in price this 
respondent answers that said Elijah Pirtle owes him Just debts and he 
obtained Judgments had his personal property sold and to make his debt bought 
a portion of the same which is the property mentioned in the Bill.  Your 
respondent did not purchase all of the property sold that was sold but did 
purchase at the sale the most of it, that in doing this he did not combine 
with Elijah but the sale was fair and honest and without any intention to 
hinder delay or deframe Creditors or to compel Complainant to pay said debt 
to Polly Davis, he denies that said Elijah ever made him a Bill of Sale of 
one half of the negro without consideration but he answers that he made him 
the Bill of sale for the consideration that respondant was compelled to pay 
the whole consideration for him and that having to pay for the negro it was 
Just that respondent should have him, this conveyance was made a great time 
before filing the Complainants Bill but truly and honestly for the purposes 
above stated and without the least intention of fraud, but Bona fide so that 
respondent denies that charge in the bill as positively as it is asserted.  
He admits that Elijah Pirtle is his brother, George R. is his Brother in law 
and Cousin.  This respondent denies that Polly Davis has received any 
Judgment against Complainant or Elijah Pirtle and requires proof, he knows 
nothing about the conveyance of the land to George R. Pirtle and can Say 
nothing.  He denies that Elijah Pirtle ever went out of the neighborhood and 
confessed Judgments to him or that he let them go but states that he sued him 
and obtained his Judgments honestly and fairly and the Judgments were not 
Stayed and respondent issued his ---?--- according to law.  The complainant 
may silence his fears about the negro being run off, this respondent knows no 
reason why he should run off, his property this respondent says that no 
Judgment having been obtained upon any liability he denies that Complaint has 
any Equity and having fully answered prays to be dismissed with his 
reasonable cost.
									Turney   Sol.

Statre of Tennessee.  This day Jacob L. Pirtle presonally appeared before me 
& made oath in due form of Law that the matters and things Stated in the 
foregoing answers of his own knowledge and true & such as are stated on 
information he believes to be true.  Sworn to and Subscribed before me 10th 
April 1843.
    B. S. Rhea Clk & M.						Jacob L. Pirtle

	And afterwards to wit at May Rules A.D. 1843 the following Entry was 
made in the Rule Docket of said Clerk and Master, to wit: Bill taken for 
confessed as to Elijah Pirtle and ---?--- as to Jacob Pirtle May Rules 1843.

	And afterwards, to wit, at the October Term of said Court A.D. 1843 and 
on the 10thday of said month the following order was made by the Court in the 
words and figures following to wit:

	Edward V. Pollard	|	Inj. Bill.
		vs		|
	Elijah Pirtle and	|
	Jacob L. Pirtle	|     This day the Complainant by Counsel appeared in 
Court and ordered the above cause to be dismissed he assuming all costs.

									Transcribed By:
									James R. Blanks
									114 Somerset Lane
									Tullahoma, TN 37388
									February 19, 2001

Note: In the minute book, the scribe made his "L's" to look like "S's".  This 
transcriber has repalced these "S's" with "L's" to indicate the correct name 
of Jacob L. Pirtle.  Jacob L. Pirtle (1794-1876)  is a son of George Pirtle 
(1767-1840) who died in White Co TN and is buried in the Cooke Family 
Cemetery near Shady Grove in White Co.



Collection: James R. Blanks's Collection - White County Papers


Created: 11/17/01 5:54:11 PM