Transcribed by Wayne Duncan. The records are in average to poor condition and are extremely difficult to read and decipher the handwriting style. For the sake of originality, I did not change any words or add any grammatical markings. If I could not decipher a word or it was unreadable, my transcription has a _____ for that word.

File # 887

Pike Circuit Court

John Elswick, Plaintiff

Vs.

John Lee, Defendant

Filed August 28, 1848

Pike County Circuit Court

John Elswick, Plaintiff complains of John Lee, Defendant in custody of a plea of covenants broken. For that whereas the said deft (defendant) to wit on the 22nd of March, 1848 of the county and circuit of one said by his certain writing obligating himself to pay the said plff (plaintiff) six hundred gallons of whiskey in the course of two years it being for value received of him (the said plaintiff) as witness my (that of defts) hand an seal to be delivered at the month of _____from this day on (to wit this day and year aforesaid the said deft bound himself to keep him (the said plaintiff) in supply until this note is due with whiskey that he (the said plff) could sell which said writing obligating signed with the name of said deft. The said plff now brings into court of this date whereof ___ day and year aforesaid and the plff avers that he did will and timely___ & perform all the convenants upon his part to wit at this county and circuit aforesaid - yet the said plff saith that the said deft would not or nor did after thegiving of said writing obligating to with 22nd March 1848 deliver to the said plff at the month of card a supply of whiskey what the said plff could sell at anytime up to the bringing of this suit and so the said plff saith that the said deft hath not performed either or any of the convenants upon his part - although often requested to do but hath broken the sam to the damage of this plff of $400, therefore brings this suit.

           Brown JG

REVERSE SIDE:

The clerk will endorse this capeas this an action of covenant and no bond is required.

     G.N.Brown for others

For Elswick _____ suffers for plff for ______ writings

NEW SHEET:

Know all men by this circuit we John Elswick and George N Brown are held and firmly bound unto John Lee in the final sum of $50 the payment whereof will and truly to be made _____ _____. As _____ ___ and administrators jointly and severally firmly by them present sealed with our seals, and dated the 28th day of August 1848.

The condition of the above obligation in such that whereas the above bound John Elswick as non _____ is about to commence a suit at law, it being an action of covenant in the Circuit Court of the State of Kentucky against the above named John Lee in Nov if the above bound John Elswick and George N Brown as either of them shall well and truly pay or to be paid unto the said John Lee all costs, which shall be awarded to him in this said suit and shall also pay or cause to be paid unto several officers of said court and others all such fees as they may be legally entitled to demand and receive for same, the said suit then the above obligations shall be _____. In to remain _____ force and valuues.

Witness: John M. Richardson, CLK George N Brown

NEW PAGE:

The commonwealth of Kentucky to the Sheriff of Pike Countym greetings, we command you ____ ___ Jacob suster and Boon ___ to appear before the judge of our Pike Circuit court at the courthouse in Pikeville on the 5th day of our next October term to testify and the truth to speak in behalf of John Elswick in a certain matter of controversy, finding, and undetermined to our said court, whereas Elswick plff and John Lee, deft and that they shall on ____ ____ under the penalty of the law which have them ______ _____ ____

John M. Richardson, Clerk of the said Court this 28th day of August 1848.

   Attest

   John M. Richardson, clk

New Page:

The Commonwealth of Kentucky to the sheriff of Pike County, greetings. We command you to take John Lee if he is found in your county and him safely keep so that you have him before the Judge of our Pike Circuit Court at the courthouse in Pikeville on the 1st day of our next October term to answer John Elswick to a plea of covenant damages $400 and hear then these _____ ___ __

John M Richardson, Clerk of our said court, the 28th day of August 1848 and in the 57th year of the Commonwealth.

   Attest

    John M. Richardson, clk

This is an action of covenant, damages $400 & no bail is required.

(Brown)

ON REVERESE SIDE:

The within not found

H.K. Bevins DO

John T May SDO

NEW PAGE:

The commonwealth of Kentucky to the Sheriff of Pike County, greetings, We again command you to take John Lee if he be found in your Bail____ and him safely keep so that you can have his body before the Judge of our Pike Circuit Court at the courthouse in Pikeville on the 1st day of our next April term to answer John Elswick to a plea of covenant damages of $400 and have then there the ____ witness. John M. Richardson, Clerk of our said Court, this 27th day of November 1848 and in the 57th year of the Commonwealth.

   Attest

   John M. Richardson, clk

This is an action of covenant damages of $400 no bail is required.

   Brown Jg

REVERSE SIDE:

Executed on John Lee by bearing him a copy on 31st day of March 1849.

   H.K. Bevins DO

   For _________

April Term 1849

Dismissed