• Warren County, Ohio, Estate Docket Volume 1/2 Page 49
• Warren County, Ohio, Will Book 6, Page 608
• Warren County, Ohio, Will Book 7, Page 624
• Warren County, Ohio, OCP Box 65 #1
• Supreme Court, State of Ohio, Volume marked "Clerk of Common Pleas, Warren Co., Ohio; Vol 6 (1831-1845)

• Margaret & Elisha H. Barton Guardianship, children of Enoch Barton, deceased

"May Term 1836"

decd in in [sic] action on the case &c to the damage of the said John Ross
admst. as aforesaid twelve hundred Dollars as is said & have you then there
this writ Witness the Honorable George L Smith presiding Judge of our
said Court of common pleas for the seventh circuit at Lebanon this
2d. day of April in the year of our Lord one thousand eight hundred & thirty
five J K Wild Clerk

At which said third monday of May being the eighteenth day
of the same month in the year of our Lord one thousand eight hun=
dred & thirty five came into said Court of common pleas the said
plaintiff by his Attorney aforesaid and the Sheriff of Warren County
to wit William Russell Esquire saw how the above recited writ was in
form aforesaid directed made return thereof to said Court they endorsed to wit
May 14th. 1835 pursuant to the within command I have caused to be arres=
ted the Defendant Barton who has given bond with Peter Voorhis for his
security to appear at the next term to answer to the plaintiff a copy of
which bond is herewith returned W Russell Shff. And the said defen
dant appeared in said Court of common pleas by Rose & Corwin Esquires
his Attorney & a certain William N Kirkwood & Mason Seward in their
own persons in open Court severally acknowledged to owe unto John Ross
administrator &c the sum of fifteen hundred dollars to be levied of their
several goods & chattels lands tenements & estates upon condition that
if the said Gilbert Barton shall be condemned in this action at the
suit of the said John Ross admr. the plaintiff he shall pay the cash &
condemnation of the Court or be rendered or render himself into the
custody of the Sheriff of Warren County for the same or in case of
failure that the said William N Kirkwood & Mason Seward would
pay the costs & condemnation for him. And thereupon further process
of & upon the premises aforesaid, between the parties aforesaid & by order
of said Court of common pleas the case was continued until the second
monday of September next ensuing. And afterwards to wit on the Sixth
day of June in the year of our Lord one thousand eight hundred & thirty
five the said plaintiff by his attorney aforesaid filed in said Court his dec=
laration in the premises in the words & of the tenor following to wit.
"The State of Ohio Warren County Court of common pleas of the term of
May in the year eighteen hundred & thirty five. Warren County Ss
John Ross administrator of all & singular the goods chattels & credits which
were of Enoch Barton deceased at the time of his death who died intestate
complains of Gilbert Barton in a plea of assumpsit for that whereas
the said defendant in the life time of the said Enoch Barton to wit on the
fifteenth day of July 1833 at the County aforesaid was indebted to the said
Enoch Barton in the sum of eight hundred Dollars for money then &
there received by the defendant for the use of the said Enoch Barton in
his lifetime and in eight hundred Dollars for money then & there lent
& advanced to, paid, laid out & expended by the said Enoch Barton for
the Defendant at his special instanced [sic] & request & being so indebted he
the said Defendant being so indebted afterwards to wit on the first
day of August 1833 at the County of Warren aforesaid then & there prom=

"May Term 1836"

ised to pay to the said Enoch Barton in his lifetime in consideration thereof
the said above mentioned sums of money when he the said Defendant should
be thereunto afterwards requested yet the said defendant hath not as yet paid
the said several sums of money or any or either of them or any part thereof to
the said Enoch Barton in his lifetime or to the said plaintiff administrator
as aforesaid since the death of the said Enoch Barton (although often reques=
ted so to do) but he to do this hath hitherto wholly refused & still refuses to
pay the same or any part thereof to the said plaintiff administrator as
aforesaid. And whereas also the Defendant aforesaid afterwards & after
the death of the said Enoch Barton deceased to wit on the first day of Septem
ber 1833 at the County aforesaid was indebted to the said plaintiff as admin
istrator as aforesaid in the sum of eight hundred dollars for money then
& there had & received by the said Defendant in the lifetime of the said Enoch
Barton for the use of the said Enoch since deceased intestate as afore=
said And in eight hundred Dollars for money then & there lent & advan=
ced by the said Enoch Barton in his lifetime to the said Defendant at his
request: And in eight hundred dollars for money then & there paid laid
out & expended by the said Enoch Barton in his lifetime for the use of
the said Defendant & at his special instance Request. And the said defen
dant being so indebted in consideration thereof afterwards to wit on the
day & year last aforesaid at the county aforesaid then & there promised
to pay to the said Plaintiff as administrator as aforesaid the said several
last mentioned sums of money when he the said defendant should be there=
unto afterwards requested. Yet the said defendant although often since reques=
ted hath refused & still wholly refuses to pay the same as any part thereof
or of the several sums of money in this declaration mentioned from
the said plaintiff administrator as aforesaid to the damage of the said
plaintiff as administrator as aforesaid of Twelve hundred dollars & there
fore he brings his suit &c. And the said plaintiff brings into Court here
his letters of administration upon the estate of the said Enoch Barton
deceased intestate which give sufficient evidence to the court here of
the grant of administration to the said plaintiff as aforesaid
Williams & Collett Atty for pltff

And afterwards to wit on the twenty second day of July in the year of
our Lord one thousand eight hundred & thirty five the said Defendant
by his attorney aforesaid filed in said Court of common pleas his plea &
notice in the words & of the tenor following to wit:
John Ross Admr } J L EiA
Vs }
Gilbert Barton } And the said Defdt comes & defends the wrong
& injury when &c and says that he did not promise & undertake in
manner & form as the said plaintiff on declaring against him hath
alledged [sic] & of this he puts himself on the county & the pltff doth the like
Rose & Corwin Atty
The plaintiff will take notice that the Defendant will on the trial of
the above cause offer evidence to prove that the Plaintiff intestate
the said Enoch Barton decd was at the time of his death and the said

"May Term 1836"

plaintiff as administrator of the said Enoch was at & before the com=
mencement of this suit indebted to the Defendant in the sum of one
thousand Dollars for money lent & advanced to paid laid out & expen=
ded for said Enoch Barton in his lifetime & at his request & in the like
sum of one thousand Dollars for money by the said Enoch in his
lifetime had & received for the use of the said Defendant: and in the
like sum of one thousand dollars for Divers Goods wares and mer=
chandise & for divers horse creatures & neat cattle by the Defdt sold &
delivered to the said Enoch Barton in his lifetime at his request
& that he will claim to set off so much of said several sums of money
as will satisfy any demand which may be proved by the plaintiff and
will claim a Judgt. for the balance Rose & Corwin
At which said second monday of September being the fourteenth day
of the same month in the year of our Lord one thousand eight hun=
dred & thirty five came again into said Court of common pleas the said
Parties as aforesaid And thereupon by consent of said parties by their
Attornies [sic] aforesaid the intervention of a Jury was waived & this cause
submitted to the court. And the said Court thereupon did find that said
defendant did promise & assum [sic] in manner & form as the said plaintiff
in declaring had alledged [sic] &c And they assessed the damages of the
said plaintiff by occasion of the non performance of the promises &
assumptiary [sic] aforesaid at the sum of seven hundred fifty Dollars & ninety
six cents. Therefore it was considered by said Court of common please
that said plaintiff recover against the said Defendant as well the sum
of seven hundred & fifty Dollars & ninety six cents for his damages aforesaid
by the court aforesaid in form aforesaid assessed as the sum of six
Dollars & nineteen cents for his costs & charges about his suit in this
behalf laid out & expended &c
On the trial of the above cause the said Defendant by his Attorney afore=
said tendered his bill of exceptions which was sealed by said Court in the
words & of the tenor following to wit: "This cause coming on to be heard
on the pleadings on file & the intervention of a Jury being waived by both
parties the cause was submitted to the Court. The plaintiff amongst other
things offered to prove that Enoch Barton the intestate in his lifetime
had recd a legacy of $60 due his daughter Margaret which he had de=
posited with his son the Defdt & claimed a recovery therefor [sic] in this suit
And plaintiff further offered to shew by the Transcript marked (A that
said daughter by her guardian had recovered said sum of $60 = off the
admr of Enoch Barton deceased to all of which Defdt by his counsel ob=
jected but the Court overruled the objection & heard the evidence & being
satisfied that said facts were proven allowed said sum of Sixty dollars
against Defdt to all of which defdt by his counsel excepts & prays the
Court to sign & seal his bill of exceptions. George L Smith {seal}
Benjn Baldwin {seal} James Cowan {seal} John Hart {seal}
Transcript referred to marked A)

William Coulson Guardian for Margaret Barton }
Vs } April the 11th.. 1835
John Ross Admr. of Enoch Barton Decd }

"May Term 1836"

An action of Assumpsit to recover the sum of $60 with interest from 1833
it being the amount of a Legacy bequeathed to the said Margaret Barton
by her uncle Charles Tower late of the State of Pennsylvania decd. & received
by the said Enoch Barton in his lifetime. April the 11th 1835 The parties
in the above case have agreed to waive procefs & enter into trial Elisha
Barton was called & examined as a witness in behalf of the plaintiff and
from whose testimony it appears the plaintiff is entitled the demand & inter
est from the 11th. day of June 1833 whereupon the interest was calculated &
Judgment rendered against the said John Ross Admr for the sum of Sixty
six dollars & sixty cents & costs of suit cost taxed 39.
I certify the above to be a true transcript of my proceedings in the above case
Given under my hand & seal this 25th day of Sept 1835 Abraham Phillips JP {seal}
And thereupon the said parties by their Attornies [sic] aforesaid gave notice
that they would appeal from the Judgment of said Court of common
pleas to the Supreme Court. And afterwards to wit on the twenty eighth
day of October in the year of our Lord one thousand eight hundred &
thirty five the said Defendant filed in said Court of common pleas his
bond on appeal agreeably to the statute in such case made & provided.
And on the thirtieth day of December in the year of our Lord one thousand
eight hundred & thirty five the clerk of said Court of common pleas filed in
the office of the clerk of the Supreme Court here through qual [sic: qualified]
papers & an authenticated transcript
of the docket or Journal entries & of the final Judgment rendered in the case
And now at this day to wit the nineteenth day of May in the year of our
Lord one thousand eight hundred and thirty six at a Supreme Court begun
& held at Lebanon in the County of Warren & State of Ohio came into said
Supreme Court here the said parties as aforesaid & thereupon for trying
the issue Joined it is ordered by the court here that the twelve persons sum=
moned & returned to this Court to serve as petit Jurors be empanelled &c
who being called some of them came to wit: James Sivens [?] William G Corwin
& Isaac Stubbs Jr. but because the other Jurors summoned & returned as afore=
said do not come therefore others from amongst the bystanders by the Sheriff
of Warren County & by order of the Court here thereon are elected & added to the
Jurors aforesaid who being called likewise Come to wit: James C. Brown William
Bainbridge William W Gallaher J Tharner [?] S Drake Daniel Storms James
McElroy Samuel Fitzgerald & William F Dill who together with the Jurors
first aforesaid being elected empanelled tried sworn & affirmed to try the
issue Joined upon their oaths do say that said Defendant did promise
& assume in manner & form as the said plaintiff in declaring hath alledged [sic]
and they Assess the damages of the Plaintiff by occasion of the non performance
of the promises & assumptions aforesaid at the sum of five hundred & fifty
Dollars. Therefore it is considered by the Court here that the said plaintiff
recover against the said Defendant as well the sum of five hundred & fifty
Dollars for his damages aforesaid by the Jurors aforesaid in form aforesaid as=
sessed as the sum of fifteen Dollars & five cents for his costs & charges about his
suit in this behalf laid out and expended &c. And the Court orders that this
Judgment be certified to the Court of common pleas & that said Court
award execution thereon according to the Statute &c.
Costs taxed to Defdt. $24.24
B. Hitchcock Presiding Judge May Term 1837 "