GEORGE WILKINS - 1876                                          


Parke Circuit Court

May Term 1876


George Wilkins

            Vs                                 Amended Complaint

Samuel Jordan


            Plaintiff for ? and amended complaint herein says that on the day of  187  he purchased certain real estate of defendant for which defendant executed to him a warranty deed, that at the time of the execution and delivery of said deed there was due and unpaid on said land taxes charge against said Defendant and for which he was liable the sum of $30.56, that Plaintiff often asked and requested defendant to pay and discharge said taxes which were an encumbrance on his land but defendant as many times refused; that plaintiff paid the amount of said taxes to wit - the sum of $30,56 on the 7th day of February 1876, that after the payment of said taxes, and before the commencement of this action plaintiff again? requested defendant to refund to him the amount thus paid, so plaintiff asks Judgement for $30.56 and interest from the date of said payment in the sum of 40.00 and for costs and proper relief.

                                                            Atty White for plaintiff

County of Parke

Penn Township

The State of Indiana. To any

Constable of said Township.

            You are hereby commanded to Summons Five qualified voters of said township to appear before me a Justice of the Peace thereof at my office therein, at two o'clock PM of the 4th day of May 1876, to serve as Jurors, in a case pending before me, in which George Wilkins is Plaintiff and Samuel Jordan is Defendant; then and there to be tried, and this said Juror shall in no wise omit. And have you then and there this writ with your doings thereon.

            Given under my hand and seal.

This the 4 day of May 1876

                                                            Issac Hunt JP


1876 - Justice Court Penn Township

            State of Indiana Parke County

George Wilkins

            Vs                     Complaint for $27.54

Samuel Jordan


April 29, 1876  Plaintiff filed the following account for his      cause of action herein.

            Before JW Hunt JP

                        Penn Township Parke County Ind

            Samuel Jordan

                        To George Wilkins

To amount of tax paid for said Jordan $30.54

            Samuel Jordan

To $3.02 paid for George Wilkins $3.02



April 27, 76  Summons issued and delivered to J L Branson Constable of Penn Township returnable on 4th day of May 1876 at two o.clock in the afternoon

May 4,1876  Parties all present for trial.  Defendant by his Atty Johnston, filed a motion to dismiss the action for insufficiency of Plaintiffs Complaint.  Motion was overruled.  Constable returned the Summons served by copy April 29.  Defendant having demanded a Jury and the parties having agreed upon the number of five.  Venire was issued therefor and being returned , the following named Jurors appeared as and were sworn to ?   Nelson McClure, George C Woody, William L McIntire, Henry Snyder and John Harrison.  William L McIntire being objected to by defendant as having expressed an opinion in the case was set aside.  the parties agreeing upon the remaining four as a jury, to try the case. the said Nelson McClure, George C Woody, Henry Snyder and John Harrison were empaneled as the Jury herein.

            Trial was then had Wm L McIntire appearing for Plaintiff and James T Johnston for Defendant.  Samuel Jordan and George Wilkins were sworn and examined as witnesses.  An objection by defendant against plaintiff introducing a deed of real estate as evidence was sustained.  Also an objection by the same against the same introducing tax receipt as evidence. overruled


            The Jury after hearing the evidence returned into Court the following verdict to wit

            Annapolis May 4 1876

            We the Jury find for the defendant and fees for the jury

                                                Nelson McClure

                                                J E Harrison

                                                Henry Snyder

                                                J C Woody


            It is therefore adjudged that the defendant herein have Judgements for and recover all cash accrued in this case together with accruing costs, taxed at seven dollars and sixty five cents as itemized below   Thu May 4th 1876   Isaac Hunt

J H  Fees                                                         Constable Branson fees

Summon                          .25                 Serving of Summon        .25

Filing papers                   .15                  Mileage                         .20

Docket of ?                    .25                 Return                           .10

Venire                            .25                                                      .55

Swearing Jury                .10                  Summons of Jury           .50

Swearing Witness           .10                  Mileage                         .05

Trial                             1.00                 Return                           .10

Rendering jgmt               .25                 Attending trial               .50

Record                           .40                 Const fee                      $1.70



Jury fees                                                         J H fees in Jgmt                      2.75

Nelson McClure              .80                 Jurors                                      3.20

John Harrison       .80                                                                           $7.65

Wm Snyder                     .80                 J H Fee an Transcript          .50           J C Woody                                 .80                 Transmitting paper                     .25

                                    $3.20                                                                           $8.40

            I Isaac H Hunt Certify that the foregoing is a complete transcript of all the proceedings had before me in the above entitled case as taken and copied from my docket.

            Witness my hand and seal this thurs May 17 1876

                                                            Isaac H Hunt JP          





Shared by Gary Wilkins