Friday, April 10, 2009

James Joslin :: In a Matter of Debt

Yesterday afternoon I was going through my "Whitley County" folder and re-discovered a document that I forgot that I had. It was one of those where you got it but you'll do something with it later. So now, later has finally come! This is a page (there were no page numbers) copied from the "Troy Docket" book at the Whitley County Historical Museum. Well, at least it was there back in 2001 when I made this copy!

It may be or could be the reason that James and Abigail Joslin sold the remainder of their land to Edwin and Joseph Joslin less than a month after this case was filed. I'm still not convinced though. Where, or how, did two young boys, age 14 and 12 respectively, come up with $50 each to purchase the land? Or, perhaps, the $50 was written into the "contract" because that was fair market value? And James "sold" the land to the boys to keep it in the family?

Essentially, in this case, James owned up to the fact that he owed several debts and agreed to pay them. Price Goodrich then put up security and the debts were paid on February 7, 1845. But, I wonder, who actually paid the debts? Did Price? Regardless of how they were paid or who paid them, the debts were satisfied. When all was said and done, James and Abigail no longer owned their land in Troy Township…

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Troy Docket. No page number. Filed July 16, 1844.

Francis L. Machugh Plantiff vs James Joslin Defendant } In an action of debt. Be it remembered that on the sixteenth day of July 1844 Francis L Machugh filed the following as a cause of action against James Joslin on which the following proceedings were had to wit: Four notes discribed as follows No 1 bearing date December 19th 1841 due one day after day amount $6.68 No 2 bearing date November 24th 1843 due one day after date amount $5.00 No 3 bearing date February 25th 1843 due one day after date amount $7.00 No 4 bearing date July the 16th 1844 due on demand (waving all relief on appraisment law) which the plantiff ordered erased and the relief law extended.

On the [blank space] day of of July 1844 a Summons issued directed to George H Stocking constable actionable on the 7th day of August 1844 at 2 o'clock in the afternoon

This day August the 5th 1844, came the defendant of this cause and ordered that Judgement Should be entered against him for the amount of Said notes interest and costs

It is therefore considered that the plantiff recover of Said defendant twenty five dollars and fifty cents debt and damages and all costs with interest thereon at the rat of six percentum per annum from the date of this Judgement

Justices fees summons $ 0 12 ½
Judgement 0 25
Bail 0 25
Const fee Service and interst $ 0 30

I Price Goodrich do hereby acknowledge myself security for the above defendant James Joslin for the payment of the above Judgement with the interest which may have accrued thereon at the expiration of one hundred and twenty days from the rendition of the same and all costs Witness my hand and seal this 5th day of August AD 1844. Price Goodrich {Seal}

Issued on execution January the 6th 1845
February the 7th 1845 execution returned, money made in full
Received of George H Stocking cons $27.78 in full of the foregoing Judgement. James Grant Justice of the Peace

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