Tennessee – Smith County

From Gowen Manuscript:  http://freepages.genealogy.rootsweb.ancestry.com/~gowenrf/Gowenms114.htm

SMITH COUNTY, TENNESSEE

No Gowens appeared in “Smith County, Tennessee Marriage Records, 1838-1881.”
==O==
Francis Gowen [also rendered as Gowing] was sued August 5, 1800 by Benjamin Ford seeking in Cause 319,192 to recover $20.50 owed to him by Gowen, according to Smith County Court Minute Book 1799-1814, page 40.

State of Tennessee }
Smith County }

Be it remembered that at a Court of Pleas and Quarter Sessions began and held for the County of Smith at the dwelling house of Michael Murphy on the third Monday in September 1800, Robert Price, Esquire, Constable returned to Court the following Original Attachment [ToWit]

State of Tennessee }
Smith County }

Whereas Benjamin Ford hath complained on oath to me, Garrett Fitzgerald, one of the Justices for Said County, Francis Gowen is Justly indebted to him to the amount of twenty dollars and a half, and oath having also made that the Said Francis Gowen hath removed or is about to remove himself out of our County or so absconds or conceals himself that the ordinary process of law cannot be served on him, if the case be so, and the said Gowen having given bond and Security according to the direc­tions of the Act of the General Assembly in such case made and provided, we therefore command you that you attach the Estate of the Said Gowing if to be found in your County or so much thereof replevable on security as shall be of Value sufficient to satisfy the said debt and cost, according to the complaint and such Estate so attached in your hands to secure or so to provide that the same be to further proceedings there­upon to be had at the court to he held for the County of Smith at and on the third Monday in September next so as to Compel the said Gowen to appear and answer the above Complaint of the said Ford, when and where you shall make known to the Said Court how you shall have executed this Writ.

August the 5th day 1800

To any lawful officer to execute & return.
Garrett Fitzgerald

On which Original Attachment Robert Price, Constable made this return the 6th of August 1800.

Levied on one Pot and oven, a bed & furniture, one side saddle, one Sow and four shouts [shoats], one sow & three shouts [shoats], a Brass kettle, two House Pigs, two Heightows, two Piggins and a Churn, a Big whell [wheel] & Check Reel, a Jin [Gin] and Cotton thread.

Levied by me, Robert Price, Constable

To which original attachment the defendant, by his At­torney, George Smith, filed the following Plea in at­tachment [ToWit]

Benjamin Ford }
vs. } Attachment
Francis Gowen

The Defendant in this Suit comes into Court by George Smith his attorney and prays that the above suit may be abated

1st, because there is no affidavit filed with the Attach­ment,

2nd, Because the Sum Sued for comes at the Cognizance of a Single Justice and not within the Jurisdiction of this Court, and therefore the, defendants pray Judgement of the Court

3rd, Because there was no seal to the Attachment
G.S. Atto. for Deft.

Whereupon, on Solemn argument had by Counsel on both sides, it is considered by the Court that the afore­said original attachment be quashed & that the plea of the Defendant be Sustained and that the Defendant re­cover of the Said Plaintiff his cost above his defense in this behalf expended and the said Plaintiff in mercy.
==O==
William Gowen, of Smith County, was a witness to the will of George Cox in 1812, according to Smith County Will Book A, page 157. The will named children Drury Cox, James Cox, Ab­solem Cox, Mary Cox Johnston, Patsy Cox Dameron and Eliz­abeth Cox Moss. The estate was inventoried May 25, 1814, and the will was probated in August, 1814.

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