There are misspellings from the original, and may be a typographical error or two on my part, though I tried to be careful to correct those. The name of the female slave is either Christy or Charity. She is called "Christy" in one place, but "Charity" everywhere else. This case involves the Thomas W. Peake/Peak/Peek who is buried in Adamson Cemetery in Caldwell County, Kentucky: Thomas W. Peek (b. July 1780 in VA., d. Mar 1860 in Caldwell County, KY) and Francis Marshall (b. 9 Oct 1799, Scott County, KY, d. 9 Jan 1871, Caldwell County, KY).

_____________________________________________________________________________________

State of Kentucky

Preamble:

Pleas held before the honorable Judge Bledsoe Judge of the Fayette Circuit
Court at the Courthouse in Lexington on the 10th day of October in the year of
our Lord one thousand eight hundred and twenty-two

Parties:

Charles O. Jones Plantiff

against on scire facias

Thomas Peak Defendant

Seisure:

Be it remembered that heretofore now on the 1st
day of June 1822 the plantiff by his attorney sued out of the clerks office of
the said court his writ of scire facias in these words to wit The Commonwealth
of Kentucky To the sheriff of Caldwell County Greeting Whereas Charles O.
Jones late in our Fayette Circuit Court to wit at the February term thereof
1821, on the 20th day of February, by virtue of a degree of the said court
wherein the said Charles O. Jones complainant and Thomas Peak defendant
recovered against the said Thomas Peak the following slaves, a negro woman
Christy of the value of $400 mth, her increase born since the date of the
contract herein to wit since the month of February 1815 that is to say Bithy
aged about 3 years & 6 months of the value of $225, and the son of said
Charity aged about 2 years & 6 months of the value of $175, and the negro
boy referred to in the complainants bill named John aged

page 2

about 7 or 8 years of the value of $300: and awarding to the complainant
a distringas to compel the surrender of said slaves, if to be had; and also
the sum of one hundred dollars mth interest from the date of the commissioners
report in said suit, for the hire of the said woman Charity. And if the said
slaves were not to be had, then to have the execution against the said
defendant for the sum of $1200 including the said sum of $100 for the hire of
Charity with interest thereron at six per cent per anum from the 3rd of April
1820 until paid: and also $ for his costs therein expended and giving to
the said complainant his election either to sue out his distringas or an
execution for the said sum of money which said decree as to as if hath been
suggested, remains in reverse & unsatisfied: We therefore command you that
you make known to the said Thomas Peak that he be before the Judge of our

Fayette Circuit Court at the courthouse in Lexington on the 1st day of June
term, to there cause if any he can why the said Charles O. Jones, execute or
on distringas against him agreeably to said decree should not have &
prosecute, if to him it shall seem expedient, and further to do so and abide
what our said court shall then & there in that behalf consider and have
then & there this writ. Witness Thomas Bodley
clerk of our said court at the courthouse aforesaid this 1st day of June 1822,
& in the 31 year of the Commonwealth. Thomas Bodley On which writ no
return is endorsed.

Page 3
And afterward towit at a court continued theretofore the Circuit aforesaid at
the June term 1822. Ordered that this suit be continued till next term

And afterwards the following alias scire issued:

The Commonwealth of Kentucky To the sheriff of Caldwell County Greeting
Whereas Charles O. Jones late in our Fayette Circuit Court towit at the Feby
term, thereof 1821 on the 20th day of February by virtue of a decree of the
said Court wherein the said Charles O. Jones is complainant and Thomas Peak
defendant recovered against the said Thos Peak the following slaves: a negro
woman named Charity of the value of $400, with her increase born since the
date of the contract herein towit since the month of Feby 1815 that is to say
Bithy aged about 3 years & 6 months of the value of $225 and the son of
said Charity aged about 2 years & 6 months of the value of $175, and the
negro boy referred to in the complainants bill named John aged about 7 or 8
years of the value of $300 & awarding to the complainants a distringas to
compel the surrender of said slaves if to be had; and also the sum of one
hundred dollars with interest from the date of the commissioners report in
said suit for the hire of the said woman Charity, and if the said slaves were
not to be had, then to have execution against the said defendant for the sum
of $1200 including the said sum of $100 for the hire of Charity with an
interest thereon at six percent per annum from the 3rd day of April 1820 until
paid also $ for his costs therein expended & giving to


page 4

to said complainant his election either to serve out his distringas or an
execution for the said sum of money which said decree, as to us it hath been
suggested remains unreversed & unsatisfied. We therefore again command you
that you make known to the said Thomas Peak that he be before the Judge of our
Fayette Circuit Court at the Courthouse in Lexington on the First day of our
next September term to show cause if any he can why the said Charles O. Jones,
execution or distringas against him agreeably to said decree should not have
and prosecute, if to him it shall seem expedient and further to do anad abide
what our said Court shall then & there in that behalf consider. And
have then there this writ. Witness Thomas Bodley clerk of our said court at
the court house aforesaid this 20th day of July 1822 and in the 31st year of
the Commonwealth Thos Bodley CFCC On which the sheriff made the
following return towit executed on the m then named defendant Thomas Peake
July the 8th 1822

R Given DS

for WM Sirdsong JCC

And afterward towit on the 10th day of October 1822 being the day first herein
written & at the September 1822 This day came the plantiff by his attorney
and the defendant being duly warned though solemnly called, came not but made
default. It is therefore considered by the court that the decree of this court
between the parties here at the February term 1821 be and the same is hereby
reviewed and continued full force and that the plantiff be



page 5

be permitted to sue out his distringas or execution at his election agreeably
to the directions of our decree, and that the plantiff recover against the
defendant these costs herein expended and the said defendant in mercy

On which judgment the following executions issued via The Commonwealth of Kentucky to the sheriff of Caldwell County Greeting You are hereby commanded that the estate of Thomas Peak late of your bailiwick you cause to be made twelve hundred dollars the amount of a decree in chancery which Charles O Jones in our said court was adjudged for his costs by him about has since in the behalf expended; whereof the said Thos Peak convicts as appears to us of record: and that you have the same before the Judge of our said court at the courthouse in Lexington on the 27th day of January nigh to satisfy & pay the debt & costs aforesaid. And have then & there this writ witness Thomas Bodley Clerk of aforesaid court at the courthouse aforesaid this 30th day of November 1822 &in the 31st year of the Commonwealth Thos Bodley CFCC

Credit is to be given on this execution for seventy dollars as directed
by the decree att Thos Bodley CFCC

On which exec no return is endorsed



The Commonwealth of Kentucky to the sheriff of Caldwell County Greeting You
are hereby commanded that the estate of Thomas Peake late of your bailiwick
you cause



page 6

cause to be made twelve hundred dollars the amount of a decree in chancery mth
interest thereon at the rate of six per centum per annum promised April 1820
til paid which Charles O Jones late in our Fayette Circuit Court recovered
against him also $28.75 cts which to the said Jones in our said court was
adjudged to him for his costs by him about his suit in the behalf expended
whereof the said Peak is convict as appears to us of record: and that you have
the same before the Judge of our said court at the courthouse in Lexington on
the 28th day of April next to satisfy & pay the said debt & cost
aforesaid. And have then & there this writ.
witness Thomas Bodley clerk of our said court at the courthouse aforesaid
this 27th day of January 1823 and in the 13st year of the Commonwealth

Thomas Bodley clk
And it is to be given on the within execution for $70mts interest thereon at
the rate of 6 percent per annum from the 15th day of Feby 1815 as per decree

att Thos Bodley clk

Notes on the Bank of Kentucky or its branches or Commonwealths bank or
its branches may be accept by the office in discharge of the whole of this
execution, by order of the plaintiffs attorney

att Thos Bodley clk

This execution was levied on the following property of Thomas W. Peak,
3 feather beds & furniture, 2 chests, set andirons, 4 common chairs, 1
kettle, one oven, 1 pot, 1 bay horse, 1 bay colt, 3 cows, 2 year old heifers,
1 two year old


page 7

old heifer, 1 sow & 12 shoats, 2 Barshear plows and one table, which after
advertising according to law, was on the 31st day of March 1823 exposed to
sale & was sold for one hundred & ten dollars & fifty cents, after
deducting sheriffs commission on bond & enclosed to attorney for Plff

R. Given S.S. for Wm. Birdsong SCC

And this Execution was also levied on one tract of land as the property of
said Peak supposed to contain 160 acres the same tract of land that said Peak
purchased of Jno. Mott, the same advertised to be sold in consequence of the
Injunction of Barruch Offutt which issued from the Scott Circuit Court April
21st 1823.

R. Given D.S. for Wm. Birdsong S.C.C.



The Commonwealth of Kentucky to the Sheriff of Caldwell County Greeting:
We command you that you expose to sale that Estate of Thomas Peak towit: a
tract of land containing 160 acres being the land said Peake purchased of John
Mott which according to our commands you have taken into your hands and which
remains unsold as you have certified to satisfy and pay Charles O. Jones the
said sum of twelve hundred dollars with interest thereon from the 3rd day of
April 1820 til paid being the amount of a decree in chancery and also $29. 43
which to the said



page 8

Charles O. Jones was adjudged for his costs herein expended; whereof the
said Charles O. Jones recovered Execution against the said Thomas Peak by
virtue of a decree of said Court, whereof the said Thomas Peak in convict as
appear to us of record; and that you have the same before the Judge of our
Fayette Circuit Court oat the Courthouse in Lexington on the 25th day of
August next to satisfy and pay the said Jones his debt & costs aforesaid;
and have then there this Writ. Witness Thomas Bodley Clerk of our said Court
at the Courthouse aforesaid this 18th day of June 1823 and in the 32nd year of
the Commonwealth

Thos. Bodley C.F.C.C.

Endorsed. "Part Credit is to be given on this Execution for Seventy dollars
with Interest at Six per cent per annum from the 15th February 1815 as per
Decree.

Also for one hundred and Ten dollars 14 Cents the amount of sale bonds upon a
sale made on a former Execution on the 31st March 1823."

On which former Execution is also the following return "And this Execution was
also Levied on a tract of land as the property of said Peak supposed to
contain 160 acres of land the same that said Peak purchased of John Mott, the
same advertised to be sold on the 21st day of April 1823. but not sold in
Consequence of the Injunction of Barrick Offutt which issued from the Scott
Circuit Court April 21st 1823

R. Givins D.S. for Wm. Birdsong S.C.C."

Which Injunction it appears from the Certificate of the Clerk of Scott Circuit
Court Filed in my office has been dissolved.

attest Thos. Bodley C.F.C.C.

Notes on the Bank of Kentucky or Bank of the Commonwealth or branches may be
accepted by the Officer in discharge of the whole of this Execution; By order
of the Plantiffs attorney.

attest Thos Bodley C.F.C.C."

upon which Execution there is no return endorsed.

The following is a copy of the certificate oft hie clerk of the Scott Circuit
Court attended to in the foregoing endorsement. Viz:


"Scott Circuit Ct June Term 1823.

Barruch Offutt Complainant

against in Chancery

Charles O. Jones defendant

This day came the parties by their attornies, and on motion of the Complainant
he has leave to file an amended bill herein upon the payment of costs, which
bill is accordingly filed; and by consent of parties the injunction herein is
dissolved without prejudice to the rights of either party.

a copy attest B.S. Chambers C.S.C.C.

The above is the last order made in the suit.

B.S. Chambers C.S.C.C.

Afterwards the following Execution issued Viz:

"The

page 11
"The Commonwealth of Kentucky to the Sheriff of Caldwell County Greeting: We
command you that you expose to sale that estate of Thomas Peak towit: a tract
of land containing 160 acres, being the land sold said Peak purchased of John
Mott which according to our commands you have taken into your hands and which
remains unsold as you have certified to us, to satisfy and pay
Charles O. Jones the sum of twelve hundred dollars with Interest thereon at
the rate of sex per centum per annum from the 3rd day of April 1820 until
paid being the amount of a decree in Chancery and also $30.14 and which to the
said Charles O. Jones was adjudged for his costs herein expended whereof
the said Charles O Jones recovered Execution against the said Thomas Peak
by virtue of a decree of said Court, whereof the said Thomas Peak is
Convict as appears to us of record, and that you have the same before the
Judge of our Fayette Circuit Court at the Courthouse in the Town of Lexington
on the 27th day of October next to satisfy and pay the said Jones, his debt,
interest & costs aforesaid. And have then there this writ.

witness Thomas Bodley Clerk of our said Court at the Courthouse aforesaid
this 22nd day of August 1823 and in the 32nd year of the Commonwealth.

Thomas Bodley clk



page 12

Endorsed. "But credit is to be given on the exec. for $70 with interest at 5
per cent per annum from 14th Feby 1815 as per decree. Also for $110.14 cents
the amount of sale bonds upon a sale made under a former Exec on the 30st
March 1823."

On which former Exec. is also the following return: "And this exec was also
levied on a tract of land as the property of said Peak supposed to contain 160
acres of land the same that said Peak purchased of John Mott, the same
advertised to be sold on the 21st day of April 1823 but not sold in
consequence of the injunction of Barruch Offutt which issued form the Scott
Circuit Court April 21st 1823

R Givins D.S. for Wm. Birdsong S.C.C."

Which Injunction it appears from the certificate of the Clerk of Scott Circuit
Court filed in my office has been dissolved.

att Thos Bodley C.F.C.C.

Notes on the Bank of Kentucky or Bank of the Commonwealth or Branches may be
accepted by the officer in discharge of the whole of this execution. By order
of the plantiffs attorney.

att Thos. Bodley C.F.C.C.

Upon which execution the sheriff made the following return Viz.: "By
virtue of the within Execution I did advertise the said tract of land and sold
the same on the d1st day of November 1823. and William Lander became the
purchaser of the same at the sum of fifty-four dollars. agent for Hugh Mackin
and by the direction of said Lander attorney for the Plantiff. I do credit
this execution for that sum after deducting my commission which leaves the sum
of $57.70 which the within is entitled to a credit of.

R. Given D.S. for

D. Osborn S.C.C.



State of Kentucky

Fayette Circuit Ct.

I Thomas Bodley Clerk of the Court for the Circuit aforesaid, do hereby
certify that the foregoing contains a full, true, and complete transcript of
the record and proceedings had between the parties named in the caption. Given
under my hand as clerk aforesaid this 13th day of September 1826.

Thos. Bodley by

A. Garrett D.C.F.C.C.