Heirs of William Dunn vs Benjamin Williams
Transcription
The Heirs of William Dunn versus Benjamin Williams Georgia to The Honorable superior court of Columbia County, GeorgiaThe petition of William Smith showeth that William Stiles of the County and state of aforesaid with force and arms entered into a certain tract or parcel of land with the appurtenances in the county of aforesaid which John Franklin and Sally his wife, late Sally Dunn and John Dunn in his own right and the said John Dunn or next friend to James Dunn, William Dunn, Mary Dunn, Hiram Dunn, Waters Dunn, and Elizabeth Dunn infants under the age of 21 years which John Franklin and Sally his wife and John, James, William, Mary, Hiram, Waters, and Elizabeth are the heirs of William Dunn deceased had devised to your petitioner for a term of years which is not expired and ejected your petitioners from his said farm and other wrongs to him to his great damage and against the peace of the said state.
Whereupon your petitioner complains that whereas the said John Franklin and Sally his wife and the aforesaid John Dunn in his own rights and as next friend to the aforesaid infants heirs of the said William Dunn deceased. Now the first day of January eighteen hundred and ten had devised by deed to your petitioner a certain tract or parcel of land situated in the Parish of Saint Paul now County of Columbia containing by original survey 300 acres and bounded at the time of said survey on all sides by vacant land and grants to Michael Ally on the 4th day of October seventeen hundred and seventy four and by him conveyed by deed of lease & release to William Crowder and by him conveyed by deed to Edward Telfair & by him conveyed by deed to the said William Dunn to have and to hold the said tract or parcell of land to your petitioner and his assigns from the said first day of January for and during the term of 10 years then next ensuing & fully to be complete and ended. By virtue of which demise your petitioner entered into the said tract of land with its appurtenances & was thereof possessed and your petitioner being so thereof possessed the said William Stiles afterwards to wit on the second day of January in the year Eighteen hundred & ten with force & with arms to wit with swords staves & knives entered into the said tract of land with its appurtenances which had been devised to your petitioner as aforesaid for the term aforesaid which is not yet expired & ejected your petitioner out of the said tract of land with its appurtenances & other wrongs did to your petitioner against the peace of the said state & to the damage of your petitioner three thousand dollars. Whereupon your petitioner prays process may if sue requiring the said William Stiles to be and appear at the next Superior Court to be held in & for the County of Columbia then & there to answer your petitioner in an action of trespass & Evictment etc.
Blair St John Pltffs Attny
Mr Benjamin Williams
Sir
I am informed that you are in possession or claim title to the premises mentioned in this declaration of ejectment or some part thereof & I being sued in this action as a casual Ejection having no claim or title to the same do advise you to appear before the Superior Court of Columbia County to be holden on the first Monday in September next by some attorney of that Court & by a rule of said Court cause yourself to be made defendant in my stead otherwise I shall suffer Judgement to be entered against me & you will be turned out of possession.
Your friend,
August 1st 1810 William Stiles
Georgia To the Sheriff of Columbia County, Greeting
William Smith ex dun §
of Heirs of William Dunn §
vs § Ejectment
William Stiles ten. in poss § The defendant hereby required to be and appear at a Superior
Benjamin Williams § Court to be held in & for the County of Columbia on the first Monday next then & there to answer the plantiff in an action of trespass and ejectment ?? as in default thereof the said Court will proceed as to justice shall appertain. Witness the honorable Robert Walker judge of the said Court this 1st day of August 1810.
Peter Crawford
Clk
6th August 1810 Served a Copy on Benjamin Williams personally.
Wm Wilkins SCC