[page 1]
The State of Tennessee to wit -
A record of all the
proceedings had in a Cause transferred from the Circuit
Court of Greene County and lately determined in the Chanc-
ery Court held of Greeneville of the Count of Greene and
Eastern Division of Tennessee in which
Joanna Swatsel by James
Roberts her Guardian is Complainant
against
John Dyche adm, Christian Dyche Dec. Rev[???]
Be it remembered that heretofore to wit on the 27th day
of August 1836 the original papers of said Suite
together with a Transcript of the Order in said Course
Were filed by the Clerk of the Circuit Court of Greene
County inthe office of the Clerk of said Chancery
Court the Honor where of is the firm following -
“To the the Judge of the first Judicial Circuit setting of the
County of Greene -
The petition of Joanna Swatzel an infant
under the age of twenty one years, who sues by her Guardian,
James Roberts, respectfully a bequeath unto your Honor - that many
years since Joseph Swatzel her father, departed this life in-
terstate in the County of Greene aforesaid leaving a wife and
one child your Petitioner - you petitioner further shareth
that shortly there after the father of said Joseph and Granda-
ther of you Petitioner departed their life in the state of Vir-
ginia, possessed of considerable estate, to a Share of which your
Petitioner was entitled by Law in representation of her deceased
Father - Your Petitioner further shareth that of the purpose
Amongst other things, of realising said Share of the Benefit of
your Petitioner, a certain Christian Dyche, now deceased was
[page 2]
by the Court of Pleas and Quarter Sessions of said County of Greene
of the [?]eto [?] there of 1814 appointed the Guardian of your
Petitioner was duly qualified and took upon himself the duties
of said appointment, said Christian Dych applied of and ob-
tained from said estate of her Grandfather between one and two hun-
dred Dollars as the Share of and of the are [aged] benefit of your Pe-
titioner, all of which money, your Petitioner charges the sad Christian
Dyche in violation of his Duty as Guardian, [couverted] and appl-
ied to his own use exclusively except the small sum of seven or eight
Dollars instead of investing the same, as by Law he was bound
To do of the [are] and benefit of your Petitioner - [And] your [Poto-
render] any account of the invoices received or to make any sett-
lements with the County Court, or to discharge and of the duty
which he had assumed as Guardian of your Petitioner - Your
Petitioner further charges that in June or July last said Christian
Dyche departed their life intestate, and Administration upon his
Estate was by the Court aforesaid at the July Session 1833 granted
to one John Dyche, who took upon himself said Administration
and your Petitioners Guardian charges that the said John [oukarioces]
[Picteuces], wholly refuses to account with or pay [suey] to your petitioner
or her present Guardian, James Roberts ( who has been appointed her
Guardian by the Court aforesaid since the Deaths of the said
Christian Dyche) although he has been repeatedly requested
and urged so to do - [?] the and therefore that the said John
Dyche may be compelled to account with and pay over the amount
of money received by his Intestate father are of your Petitioner
with annual Interest thereon from the time rec’d your Petitioner
prays that the said John Dyche (who resides in said County
of Greene) may be made Defendant to this Petition and that he
may be compelled to make full true and perfect [?] to all
and singular the matters therein contained, and that on the
hearing he may be decreed to pay over and account of all such
[page 3]
Sums of money, with annual Interest, as his Intestate shall or
might have rec’d for and on account of your Petitioner &
That process may side-
R. S. McKinney for self
Endorsed” Hold 27th Day of
Jany 1834 Sommoner and Copy issued 4th Feby 1834-
Copy
State of Tennessee
Know all men by there presents that one Christian
Dyche, Anderson Walker and Evan Allison all of Greene
County in the State aforesaid are held and firmly bound unto John
Mauries, Corneluis Newman and John McPherson Justices of the
Court of Pleas and Quarter Sessions of the County of Greene in the
Sum of one thousand Dollars to be paid to the said Justices on the
Survivor or Survivors of them this Executors and Administrators in
Tract for the Benefit of the child hereafter named committed to the
Tuition of the said Christian Dyche - To the which payment [mole] and
truly to be made, me bind [oureles] and ackofer, each and every of
our Heirs, Executors and Administrators jointly and severally firmly
by there presents - Sealed with our Seals and dated the 29th day of
October in the year of our Lord 1817 -
The Condition of the above obligation is such that
whereas the above bounden Christian Dyche is [coustrtyted] and
Appointed Guardian to Joanna Swatsel a minor Orphan, now if the
said Christian Dyche shall faithfully accent his said Guardianship
By receiving and [improring] all the estate of the said Joanna Swatsel
untill she shall arrive of full age or be [sooney] thereto required
And then to reader as plain and true Account of his said Guardianship
on Oath before the Justices of our said Court, and deliver up pay
to or preserve the said Joanna Swatsel of all such estate or estates
as she ought to be possessed of or to such other persons as shall be
lawfully [amprmered] or authorised to recieve the same and the
proffits arriving there from, then the obligation to be made otherwise
[page 4]
To be and remain in full force and virtue -
Text Christian Dyche
Merryman Payne Anderson Walker
Ewin Allison
Pros. Bond
“State of Tennsessee To Wit
Know all men by there present that we James Roberts
Guardian of Joanna Swatsel and Absalom Hybarger [ocw] Heirs
to are count unto John Dyche Administrator of Christian Dyche
Dec’d in the sum of Three hundred Dollars, yet to be void [accordetion]
that the said James Roberts shall prosecute with off effect his Suit by
Petition this Day filed in the Circuit Court of Greene County
Or in case of failure in such prosecution will pay and satisfy all
Such costs and damages as may be awarded and decreed against
the said James Roberts. Given under our hands and souls this
27th Day of January 1834 -
Attert James [his mark] Roberts
M. Payne D.C. Absalom Hybarger
And the said John Dyche who has been summoned to and was the
complaint of the said Joana Swatzel who sues by her Guardian
James Roberts comes and defends the [carong] and injury when where
To. And prays Judgement of the said Petition, because he saith
The sad Petition and the matter therein contained are insuffic-
Ient in Law for said plaintiff to maintain her Suit against him
The said John Dyche, to which Petition the said John Dyche
Is under no necessity or in any wise bound by the Law of the land
To [arsuer] the same - Wherefore the said John Dyche prays
Judgement of the said Petition and that the same may be [guathed]
Arnold Att. for Defendant
Endorsed filed 5th
March 1834
[page 5]
The [Ausaer] of John Dyche administrator of Christian Dyche
dec’d to the Petition of Joanna Swatzel by her Guardian James
Roberts - The Defendant supposes if true that his Intestate Christian
Dyche wass appointed Guardian of Joanna Swatzel at the time men-
tioned in the petition, but as to the Amount of money he received of
any, this Defendant has no knowledge either of the Amount received
of the time when it was received. All the this Defendant knows
or the subject is what information he derives from the Clerks office
Being at the time Christian Dyche was appointed Guardian a
Small Boy. This Defendant had nothing to do in the management of
his fathers Affairs during his life time and he has had {?] [?] feel
means of paying into them since it is true that since the Death of
his Father Mr James Roberts came to this Defendant and held
Himself out as the Guardian of Joanna Swatzel and demanded some
Virginia Money which he alleged Christian Dyche in his life
time had received as the Guardian of the said Joanna Swatzel -
This Defendant told said Roberts that he knew nothing of the [corred]
News of by Demand, that he was willing to have the claim investigated
And of upon a fair and honest examination if turned out that by
Interstate Christian Dyche first received money as the Guardian of
The said Joanna for which he had not accounted in his life time
He was willing to pay if of sufficient assets came to his hands But
He informed the said Roberts from the best examination of the estate
Some new of the honest claims against if would have to go unsatif-
fied, as he believed the estate would be insolvent. This Defend-
ant is not advised of any thing further which if is necessary for
Him to answer he therefor prays to be dismissed with his costs in
This behalf exponded - John Dyche Administrator
Of Christian Dyche dec
State of Tennessee to wit
Personally appeared John Dyche
Before me M. Payne Dyche of the Circuit Court of Greene
County and made Oath in due form of Law that the Facts set
[page 6]
Forthe in the foregoing Ausuren as of his own knowledge are true and
Those stated on information he believes to be true -
Know to and subscribed before John Dyche
Me 28th February 1835
[?]ello Payne D.C.
:endorsed” this 5th March 1835
First Deposition of Jno Plain -
Washington County
District of Columbia February 20 1835
In pursuance to the annoced Commission assigned from
The office of the Clerk of the Circuit Court of Greene County
Tennessee and directed to the Mayor or any Justices of the peace for
The City of Washington District of Columbia hearing test the
1st Day in December 1834. I have this day called and caused to come
before me John Blair that Witness named in said Commission aged
Forty one years and after said witness being first sworn on the Holy [Exaw-
Gelerts] of Almighty God & cautioned by me the truth to speak
As well on behalf of the Defendant as of the Plaintiff at whose
Instance sad Depsistion is taken in a certain matter of controversy
In the Circuit Court of Law and Equity for Greene County in
Which Joanna Swatsel by James Roberts her Guardian is plaintiff
& John Dyche Administrator of Christian Dyche is defendant
Deposed and stated that several years since the precise time not
Recollected but it must have been he thinks seven or eight years ago
Christian Dyche now dec’s put into the hands of witness a
Power of attorney to draw for him a Sum of money in Augusta County,
Virginia in the character of Guardian a Administrator of the
Things Elisabeth Swatsel, that [Deponent] as was his [halaf]
[gare] attention to the [salijcet] & obtained on the authority given
Him by said Dyche, the sum of one hundred twenty Dollars
Some difficulty however prevented the collection of the money the
First Session of Congress after the Receipt of the papers, but
Is was collected afterwards & paid on to said Dyche in Greene-
[page 7]
Ville on his return from Congress after its collection [?] states
That he has no papers here nor Data by which to speak with
Certainty as the Dates of the names of the persons from whom obta-
Ined but definitely recollects the amount & that that amount
Was paid to Christian Dyche in his lifetime . Sworn to and
Subscribed before me the undersigned & justice of the County
And District first stated
Washington County
District of Columbia
Before me a Justice of the peace of the County
& District aforesaid personally appeared thr Hon. John Blair
And made Oath in due form of law to the facts set forth in tis
Deposition to the best of his knowledge recollection and belief
G. Burch J. Peace
Joanna Swatsel
By James Roberts Guardian
In the Circuit Court of
John Dyche Administrator Greene County
C. Dyche dec’d
The Clerk and and Master having been directed
To take an account in this Cause reports
That it appears the C. Dyche in his life rex’d of
Money coming to the Plaintiff the sum of $120.00
See Dep. of Honlet Jno Plain
Deduct Amount rec’d by plaintiff as mentioned in petition 7.50
112.50
Interest on this Amount from 31 August 1828 to 31 Aug 1829 (say) 6.75
119.25
Amount due 31st August 1820 119.25
Interest on this amount from 31 August 1829 to
31 August 1830 7.15 ½ 126.40 ½
Amount due 31st August 1830 126.40 ½
Interest on this amount from 31 August
1830 to 31 August 1831 7.58 133.98 ½
[page 8]
Amount due 31st August 1831 133.98 ½
Interest on this amount from 21st August
1831 to 31st August 1832 8.00 ¾ 141.99 ¼
Amount due 31st August 1832 141.99 ¼
Interest on this amount from 31st
August 1832 to 31st August 1833 8.51 ¾ 150.51
Amount due 31st August 1833 150.51
Interest on this amount from 31st August
1833 to 31st August 1834 9.03 159.53
Amount due 31st August 1834 159.53
Interest on this amount from 31 August
1834 to 31 August 1835 9.57 169.10
Balance due [Complt] 169.10
Interest on this Amount upto 13 Sept 1836 10.52
179.62
It does not appear that any legal payment or disbursements were
Made by the Guardian, C. Dyche in his life time to the said
Joanna Swetzel or for her Benefit, accept the sum of seven or
eight Dollars admited in Petition all which is respecfully
Submited V. Sevier clk
Circuit Court office
31st August 1835
The Defendant by attorney acc-
Epts to the Account taken by this Clerk and [Altaster] in this Cause
For the following Reasons. The Mister assumes that Christian Dyche
In his life time received $120, as Guardian of J. Swatsel, and
He further assumes that that sum was received in 1828 and cal-
Culates interest- cc how that sum from that Date when in fact there
To no sufficient [juoof] to authorise the belief of other Fact He
Therefore prays that said account be set aside for nothing
[check.]
Arnold Att.
[page 9]
John Blair 2nd Deposition
State of Tennessee
Washington County Pursuant to the [annerecd] Com-
Mission authorising me to examine John Blair as the Wit-
Ness in acertain matters of controversy now pending in the
Circuit Court for the County of Greene and State aforesaid
wherein joanna Swatzel by James Roberts her Guardian is
Plaintiff and John Dyche Administrator of Christian Dyche
Dec’s is Defendant, said examination take on behalf of plaintiff
I have caused the said John Blair to come before me at the
Court house in the Town of Jonesborough in the County of
Washington State of Tennessee on the 29th day of Feby.
1836 and the said Witness being solemnly sworn to speak the truth
The whole truth and nothing but the Truth do proveth and sayeth.
John Bloar aged about forty four years Deposeth and sayeth
That some considerate time since, thins six or seven years ago
Christian Dyche Dec’s in his life time applied to this Deponent
When going out to Congress to take some papers for him as
Guardian of Polly Swatzel’s female child whose name he
cannot now recollect but is very confident Polly was the name
of the mother. Administrator of said ward and believes the
Childs name joanna. That Deponent received the papers & Congress who was going to Staunton ( the place where the claim was to be collected & had Arrangements for the payment of the money - that he returned home and met wirth said Dyche at Greeneveille who represented to him the pressing necessity he had for money alledging that he was owing Mr. William [Hickroux] money and urged Witness to advance the money to him, Where upon Witness called upon Mr. George Joner & barrowed from $100 having with him the Residue & paid Mr. Christian Dyche the amount of money which was due on the claim lodged by him at Staunton and then collected & funded the dame taken said Witness cannot now positively state the amount paid or received
[page 10]
He is under the impression Dyches receipt may necessary
To be filled as Guardian in Staunton which he thinks he
enclosed to Mr. Carson of that place. In as much as he can-
not, now lay his hand upon the same that the Amount may
From Two hundred to two hundred and twenty five Dollars
Which money a part of it was paid by C. Dyches to Mr.
William Dickson who will be enabled [profialely] to state the
received amount of this however witness is confident C. Dyche
received the full amount of the Swatzell claim at stau
-nton and that exceeded Two hundred Dollars.
& further this Deponent saith no
Filed 8th March 1836 John Blair
Robert, Guardian H
V. The defendant in this Cause by
Dyche, Adm Attorney accepts to the second depo-
setion of John Blair taken on
The 29th Day of February 1836 because he wan not notified
of the time and place of taking the same he therefore prays
that the same may be set aside and not received as Testimony
in their Cause
Arnold Att.
“Filed 12th March 1836”
Joanna Swatsel by James
Roberts her Guardian
V. Petition In the Circuit Court
John Dyche Admx of of Greene County [Eccoptoiy] of
Christian Dyche Dec. Defendant to the Deposition of
John Blair taken on the 29th
Februrary 1836
The Clerk [sar]tains the accepting of the Defendant for
want of the notice mentioned in said [Eccoptoiy]
V. Sevier clk
[page 11]
Transcript from Circuit Court
State of Tennessee In the Circuit Court of Greene
First Judicial Circuit County September 6th 1834
Joanna Swatsel by
James Roberts her Guardian
V. Petition Demurrer to Petition
John Dyche Administrator Continued for Argument
Of Christian Dyche dec’d
Continued by adjournment Order
Joanna Swatsel by
James Roberts her Guardian
V. Petition
John Dyche Administrator of Demurrer to Petition
Christian Dyche dec’d December 4th 1834
This Day came the partier by attorneys
And there upon the Defendants Domuner to the Petition of the
Plaintiff being argued and all and singular the [picmeres] being seen
and by the Court fully understood it is considered by the Court
that said Demurrer be overruled and on motion of Defendant
by Attorney he has [bane] to [Aurmer] and one month is given to
file said [aurmen] and by consent a Commission is awarded
the Plaintiff to take the Deposition of Honorable John Blair
of Washington City which may be designated to the Mayor
or any one Justice of the peace of the District of Columbia
by giving to the Defendant thirty days notice of the time and
place executing such Commission.
Continued by Adjournment Order
Joanna Swatsel by James Roberts Her Guardian
V Petition
John Dyche Administrator of Christian Dyche dec’d March 5th 1835
By consent of Plaintiffs Attorney the Judgement Pro
Confesso entered against the Defendant of Tules is not aside and
said Defendant no [pemiled] to file his Attorney and this Cause
having come on to be heard the 5th day of
[page 12]
March 1835 before the Honorable Samuel Pmel Judge Upon
the petition [Aumuer] and Replication there to and because it sees
To the court that it is necessary and proper to an adjustment
of the rights of the parties that on account should be taken.
It is therefore ordered adjudged and decreed by the court that
it be returned to the clerk and master of the court to take
an account and state what estate and what amount of money
if any belonging to the said Joanna Swatzel did the said
Christian Dyche as Guardian receive in his life time or might
with reasonable and proper diligence have received in doing
which the clerk shall state interest annually upon the Sum
or sums of money received
Second the master shall also state what legal Disbursements
were made by said guardian to the said Joanna or for her
Benefit in his life time Continued by Adjournment order
Joanna Swatsel by
James Roberts her Guardian
V Petition
John Dyche Administrator Sept 9th 1835
C. Dyche dec’d [Ecceptory] hearing been filed
By respondent Counsel to the report of the clerk and master
made in this Cause and said [Ecceptory] being argued and all
and singular the premises being seen and by this Court fully understood
It is ordered adjudged and decreed by the Court that said
Ecceptory be [sastaines] upon the Ground that the Testimony of John
Blair taken in this because does not warrant the confession to
which the clerk and master arrived in taking said recount
and that the same be recommited to said clerk to report on the
interlocutory Order made heretofore and to hear further testimo-
ny for which purpose this Cause is left open
Continued by Adjournment Order
[Page 13]
Decation of Costs
Prosecution Bond 40 Summons 75 State GOR $2.50
Copy Petition 550 mods 55 Demurrer 37 ½ catering
Demurrer 25 3 Affidavidts taken and filed 37 ½ filing
Petition 25 5 continnuancy 187 ½ Bordey 75 & Commissions 75
Plaintiff bills for costs of one 1 filing 2 affidavidts on Depositions 12 ½
Making copy costs 25 arranging papers and transferring cause
50 copy of record 500 mods 50 7.70
Sheriff moods executing Summons 62 ½ sering notice to take Deposition 50 1.12 ½
James W Boyd Serving Notice to take Deposition 0.50
11.82 ½
Plaintiff for taking Deposition of John Blair of Jonesborough 1.00
Deposition of John Blair taken at Washington City 1.00
S. Valentine Sevier Clerk of the Circuit Court for the County
of Greene Certify that the foregoing is a true receipt of the
proceeding had in said Court in the Cause therein mentioned and
that the Original Papers in said Cause are herewith trans-
fered
September Term 1836
Set for hearing by Comptainong Councel
Mr. John Dyche
Take notice that on the 29th day of this
Instant I will attend at the Court House in Jonesborough Ten-
nessee and take the Deposition of John Blair Esqr. to be read
in oridence on the trial or hearing of the Cause depending in
the Circuit Court of Greene County Tennessee Wherein Joanna
Swatzel by James Roberts her Guardian is Plaintiff and you an
Administrator of Christian Dyche Dec’d are Defendant attend
and cross examine if you please
February 18th 1836 James Roberts
[page 14]
I delivered a copy of the notice to John Dyche on the
18th Feby 1836 Alex Brown
Sworn to before me in
Open Court 12th Sept 1836
M Payne C&M
12th Spt 1836
The clerk & master ibebakes the [axco]tition
Filed by Respondents Counsel to the 2nd Deposition of John
Blair Service of notice going proved and the notices on file
M Payne C&M
From which opinion the Respondent by his [Solicerton] appeal to the
Chancellor, affirmed
From which Decree the Defendant by his
[page 15]
Solicitor prays an Appeal in the nature of a writ to Error to
The most Supreme Court of Errors and Appeals to be held at
Knoxville and having given Bond and Security for the prosecution
of his Appeal the same is allowed and the proceedings ordered
to be certified
The State of Tennessee to wit
Know all men by these present that [Ale] John Dyche
and Thomas D Arnold of the County of Greene and State of
Tennessee are Heirs and held and firmly bound unto Joanna
Swatzel who sued by James Roberts Guardian in the Sum of
two hundred and fifty Dollars to which payment well and truly
to be made we bind ourselves and heirs, executors, and administrators
jointly and severally firmly by these presents Sealed with our
seals and dated this 13th Day of September 1836
The Condition of the above obligation is such that
whereas a suit has this day been determined in the Chancery
Court held of Greensville wherein the said Joanna Swatzel by
her Guardian was Complainant and the said John Dyche Admin
As Respondent from which Decree the said John Dyche has
prayed and obtained an Appeal to the most Supreme Court
of Errors and Appeals to be held at Knoxville. If therefore the
Said John Dyche shale prosecute with office his said appeal
or in case he fails therein that the said John Dyche will well
and truly pay and satisfy such Judgement and Decree as the said
Supreme Court of Errors and Appeals may make in said Cause
Together with all such costs and damages which shall be received
against him by said Joanna Swatzel for wrongfully prosecuting
said Appeal then this obligation to be void otherwise to be and re-
main in full force and virtue John Dyche by his
Sealed and acknowledged Attorney Arnold
In open court Thos D Arnold
Attest. M. Payne C&M
[page 16]
Tacation of Cortes
Receiving and diling paper and docketing cause 75
Seting cause for hearing 122 taking one affidavit 180
Determination 25 enrolling Original Paper and trans-
Cript for circuit court, decree 12 ½ copy sheets
$3.33 Copies of proceeding and examplitieation 18 ½ copy
Sheetis 3.33 Copies Depositions 4 ½ copy sheets 81
Making copy costs 25
Entering appeal and taking bond 9.02 ½
1.00
Costs in Circuit Court of Greene County [Seereeod] 13.82 ½
23.85
Amount decreed compel 13 Sept 1836 $179.62
The State of Tennessee To
I Merryman Payne clerk and Master
of the Chancery COurt held at Greenville for the County
of Greene in the second District and Wastern Division
of Tennessee do hereby certify that the foregoing is of
full and perfect record of the proceeding had by the
Cause therein mentioned as the same is made up in my
Office In Testimony whereof I have documents
Set my hand and private seal paring no
Seal of office at office this 30th day
Of Sept 1830
M. Payne clk & M
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