Sasser, Henry 1872
Against Plaintiff
Defendant
Complaint
County of
Hiram J. Hearn Exr etc
Against
Plaintif
William Henry Saser
Defendant
The complaint of the above named plaintiff respectfully shows to this court, that the defendant has become possessed of, and wrongfully detains from the plaintiff the following goods and chattels of the plaintiff that is to say: Due black horse mule.
Of the value of One hundred and fifty dollars.
Wherefore the plaintiff demands that the defendant may be adjudged to deliver to the plaintiff the said good and chattels and to pay the plaintiff damage for the defeation thereof, to the sum the same may be forthwith delivered to the plaintiff
J.F. Dortch plaintiffs attorney
County of Wayne – State of North Carolina
Hiram J. Hearn plaintiff in this action, being duly sworn, says that the foregoing complaint is true to his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Sworn to before me, this 13th day of July 1872 Hb. G. Hand
Lho Juo Robinson NC
H. J. Hearn Exr
Against
William Henry Sasser
To the Sheriff of the County of Wayne
You are hereby required to take from the defendant the property mentioned in the within affidavit and deliver it to the plaintiff
Lso pro Robinson CFC
Dated July 13th 1872
Her $1.00
Rusis horses 3 sys $3.00
J. F. Dor tols $4.00
Plaintiff’s Atty
To hand July 13th 1872
Executed by totering the property mentioned in the within offendant from the defendant on the 31st day of July 1872 & delivered the same plaintiff on the 3rd day of August 1872
Jrorle Rhodes Sash
Hiram J. Hearn Exr etc
Against
William Henry Saser
County of Wayne, State of North Carolina
Hiram J. Hearn plaintiff in this action being daly sworn says that he is the owner of the following personal property claimed in this action this is to say: due black horse mule in which he claims a special property – as executor of Henry Saser, decd.
That the said property is wrongfully detained from the plaintiff by William Henry Saser, the defendant herein. That the alleged cause of the detention thereof, according to this deponent’s best knowledge, information and belief, is as follows: that by claims said mule as his own right and property.
? the said property has not been taken for a tax, assessment or fine, pursuant to a statute, or seized under an execution or attachment against the property of the plaintiff and that the actual value of said property according to the best knowledge and belief of this deponent, is one hundred and fifty dollars.
H. J. Hearn
Sworn to and Subscribed before me this 13th day of July 1872
LonoJno Robinson L. C.
Superior Court – Wayne County
Special Term, Dec 1872
Hiram J. Hearn Exr – ptiff
Vs
Wllm Henry Saser – deft
In motion, this cause is continued for the defendant or frayment of the wits of this term.
Alfiour W. Torque
Judge Presidency
Wayne County: In the Superior Court
Hiram J. Hearn Exr Plaintiff
Against
William Henry Sasser Defendant
The defendant for answer to the complaint herein says.
That the mule mentioned in the complaint was the property of the defendant at the time of issuing the summons in this action and has ever since remained his property and not the property of the plaintiff.
Wherefore the defendant demands judgment for a return of said mule, or if a return cannot be had, then for one hundred and fifty dollars the value thereof, and for one hundred and fifty damages for the taking and detention thereof; and for the costs of this action.
Faindoth & Graingen
Attorney for defendant
Wayne County
William Henry Sasser the defendant in the above action set forth in the above answer are true.
Hiram J. Hearn Exr
Vs
Wm Henry sasser
order
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