Extract [of legal proceedings and] verdict [for] Daniel Grant vs. William H. House, 1824 Apr., Monroe County, Georgia / [prepared by] Wilkins Hunt

Collection:
Southeastern Native American Documents, 1730-1842
Title:
Extract [of legal proceedings and] verdict [for] Daniel Grant vs. William H. House, 1824 Apr., Monroe County, Georgia / [prepared by] Wilkins Hunt
Date of Original:
1824-04-00
Subject:
Indian land transfers
Land settlement
Creek Indians--Treaties
Location:
United States, Georgia, Monroe County, 33.0138973, -83.9186821
Medium:
legal documents
Type:
Text
Format:
text/html
image/jpeg
Description:
This document contains legal proceedings and a verdict in the case of Daniel Grant versus William H. House, dated April 1824 in Monroe County, Georgia. The case pertains to the Treaty of Indian Springs (signed between the U. S. and the Creek Indians on January 8, 1821) and an act pursuant to the treaty for the distribution of the ceded lands through land lottery. Daniel Grant maintains that William H. House falsely and fraudulently applied for a draw in the lottery and was inappropriately granted land in Monroe County. The document contains two extracts of the precedings and two verdicts relative to the case.
Digital image and encoded transcription of an original manuscript, scanned, transcribed and encoded by the Digital Library of Georgia in 2001, as part of GALILEO, funded in part by a grant from the Institute of Museum and Library Services.
Local Identifier:
tcc949
Metadata URL:
https://dlg.usg.edu/record/dlg_zlna_tcc949
Digital Object URL:
https://dlg.usg.edu/record/dlg_zlna_tcc949#item
Language:
eng
Bibliographic Citation (Cite As):
Cite as: [title of item], Telamon Cuyler, Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries, presented in the Digital Library of Georgia
Extent:
4 pages/leaves
Original Collection:
Manuscript held by the Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries, Telamon Cuyler, box 36, folder 10, document 01.
Holding Institution:
Hargrett Library
Rights:

Page: [1]

No. [Number] 24. Monroe Superior Court.
April Term 1824.
Daniel Grant [unclear text: Infr. ] vs. Wm. [William] H House
Scire facias
Georgia
Monroe County


To the Sheriff of said County
Greeting --
Whereas by an act of the [document damaged: general ] Assembly of this State passed on the fifteenth [document damaged]
hundred and [document damaged: twenty ] one entitled an act [document damaged] distribute the land lately acquired by the United States for the use of Georgia of the Creek Nation of Indians by a treaty made & concluded at the Indian Spring on the
eighth day of January eighteen hundred and twenty one And to add the reserve at Fort Hawkins to the county of Jones. It is among other things provided that every white male person of eighteen years of age and upwards being a citizen of the United States at least three Years and an inhabitant of this State three years immediately preceeding [preceding] the passage of Said act Should be entitled to a draw in a lottery of the lands acquired by the treaty aforesaid for the use aforesaid And whereas it was further provided in Said act that all returns made contrary to the true intent and meaning threof [thereof] are declared to be fraudulent and all grants Issuing in consequence of Such fraudulent returns are declared to be null and void And the lands so Granted or Drawn Shall revert one half to the State and the other half become the property of the [unclear text: Informer ] And whereas his Excellency George M. Troup Governor and commander in Chief of the army and navy of this State and of the Militia thereof [document damaged] of Daniel Grant of this county hath [document damaged] William H. House late of the County of Jasper [document damaged] Said State falsely & fraudulently in Thorntons, district of said County of Jasper caused his name to be entered as entitled to two draws in said land lottery when in truth and in fact the said William H. House was not entitled to Such Draws by reason of his not having been an inhabitant of this State three years immediately preceeding [preceding] the passage of Said act. And all because he resided in the state of Alabama between the Three years preceeding [preceding] the passage of said act. And that the said


Page: [2]
William H. House at the said land lottery Drawn at Milledgeville in pursuance of said act drew lot Number forty three in the Sixth district of the Said County of Monroe which said lot of land was afterwards regularly granted to him under the great Seal of this State.
Wherefore you are commanded to make Known to said William H. House that he appear before the Superior Court to be holden in and for said County [document damaged: of Monroe ] on the first Monday [document damaged: in April ] next. [document damaged] Cause if any he have why said draw should not be decreed fraudulent. the grant annulled & the said lot of land revert again to the State according to the force and Effect of said act. & further to do & receive whatsoever said court Shall determine in this behalf hereof fail not and have you then & there this wish with your actings & doings thereon
Witness the Honorable Eli S. Shorter Judge of said court this
12th day of February 1824.
[Signed] Wilkins Hunt Clk [Clerk]
Served the defendant with a copy of the within writ
This
23rd. day of February 1824
[Signed] James Maddux Shff [Sheriff]

April Term 1824. [unclear text: ansr. ]

Septem [September] Term 1824. Verdict
1
[Signed] Meshach Turner 2
[Signed] David Sheppard 3
[Signed] William Robertson 4
[Signed] William Rigsby 5
[Signed] Jesse Smith 6
[Signed] Alexander Sledge 7
[Signed] Benj. [Benjamin] P. Robertson 8
[Signed] Jael Norris 9
[Signed] William B [document damaged: Milton ] 10
[Signed] Jeremiah [document damaged] 11
[Signed] David Lawson 12
[Signed] James Nasworthy
We the Jury find for the defendant with costs of Suit
[Signed] David Sheppard foreman



Page: [3]

Daniel Grant vs. William H. House
Scire facias and verdict for defendant
Georgia
Monroe County

Then came into open Court Daniel Grant who being dissatisfied with the verdict in the above Case pays the cost & prays an appeal and tenders [document damaged: John ] Permenter as his Security who acknowledge [document damaged] to the defendant in the amount of cost and damages in the above Judgement [Judgment]
Given under our hands & seals this
7th day of October 1824
[Signed] Daniel Grant [illegible text]
[Signed] John Permenter [illegible text]
Test
[Signed] Wilkins Hunt Clerk

March Term 1825. could by [unclear text: infr ]

September Term 1825. verdict
1
[Signed] George A. Brown 2
[Signed] James Bell 3
[Signed] Littleton Belcher 4
[Signed] James S. Bonner 5
[Signed] Isaac Copeland 6
[Signed] John Caurson 7
[Signed] Willie B Ector 8
[Signed] Dolphin Floyd 9
[Signed] Benj. [Benjamin] Henry 10
[Signed] Henry L. Jones 11
[Signed] Abner Locket 12
[Signed] Spencer Moore
We the Jury find the return fraudulent
[Signed] Geo. [George] A. Brown Fm [Foreman]

September Term 1825
Whereupon it is considered by the court that the grant in this case be null & void & that the same be vacated and Set aside and the informer recover the forty Six dollars & ninety cents for his costs in This behalf
[Signed] Mordecai C. Howard For Informer



Page: [4]

Georgia
Monroe County
[document damaged] Clerks office Superior Court

I do hereby Certify that the Within and foregoing is a True Extract from the Records of my office given under my hand and private Seal there being no Seal of office for this county this
24th day of November 1826

[Signed] William P Henry [illegible text] Clk [Clerk]



Daniel Grant [unclear text: Infr. ] vs. William H. House

Exemptification for the Secretary of States office
Monroe County
No [Number] 43 -- 6th Monroe

Locations