March 1854 John Kelsay legal statement on behalf of Greenberry Smith, seven pages

Dublin Core

Title

March 1854 John Kelsay legal statement on behalf of Greenberry Smith, seven pages

Description

Seven pages long. Page one of seven, this brief paragraph outlines that "he said defendant by John Kelsay his attorney comes and refutes the damages and injury" and asserts the beginning of John Kelsay's argument and legal statement on behalf of Greenberry Smith.

Page two of seven, this statement by John Kelsay on behalf of Greenberry Smith and argues that it does not state where Letitia's labor was performed, nor who it was completed by. Additionally, Kelsay argues that it is not clear what time this labor was completed, he concludes his argument by echoing this question of when, where, and who.

Page three of seven, this page continues the sentence from the last page. John Kelsay continues to challenge the previous points made by Letitia and her legal team, He argues that it does not appear when the deceased was indebted to Letitia nor when it accrued, and not when Greenberry Smith then became indebted to Letitia. Kelsay then counters a point about Letitia's ownership of her 29 cattle saying, "as there is no venue or place by the said third count in said declaration when the said deceased got the said twenty-nine head of cattle." Kelsay continues this point arguing that it does not appear that Letitia owned the cattle.

Page four of seven. This page continues Kelsay's previous argument concerning Letitia and her cattle. He says it does not appear that the deceased was indebted to Letitia for the twenty-nine cattle, nor that they ever belonged to her. Additionally, he claims that the administrator, Greenberry Smith, is also not indebted to Letitia for said cattle.

Page five of seven. Kelsay continues his previous argument alleging that the administrator is not indebted to Letitia because there is no venue, place, or time concerning his debt to Letitia. Additionally, Kelsay argues " the said administrator as such is or was indebted to the said Lutensha [Letitia] And for that the said Lutensha has laid no proper venue in the said third count."

Page six of seven. Here, Kelsay is nearing the end of his legal statement on behalf of Greenberry Smith. He concludes that there is no effective proof that Greenberry Smith is indebted to Letitia Carson, specifically for the one-thousand dollars she requested.

Page seven of seven. This is the last page of Kelsay's legal statement on behalf of Greenberry Smith. He concludes that " And this he is ready to verify, wherefore by reason of the insufficiency of the several counts in said declaration in this behalf of the said defendant prayes Judgement." It is signed on behalf of Greenberry by his attorney.

Creator

District Court Benton County

Source

Oregon State Archives

Publisher

LCLP

Date

1854-03-00

Contributor

Bob Zybach

Rights

No Copyright, Public Domain

Format

JPEG image

Language

English

Type

Legal Document

Identifier

Oregon-14

Coverage

David Carson Estate, Territory of Oregon, County of Benton, Soap Creek Valley

Collection

Citation

District Court Benton County, “March 1854 John Kelsay legal statement on behalf of Greenberry Smith, seven pages,” Letitia Carson Digital History Collection , accessed March 29, 2024, https://letitiacarson.omeka.net/items/show/18.

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