AmericaGen: Chapter 22 Court Records

AmericaGen Study Group

Chapter 22 Homework 

Marceline Beem

Reference: Greenwood, Val D. “Court Records and Family History.” In The Researcher’s Guide to American Genealogy, 4th ed., 547-574. Baltimore: Genealogical Publishing, 2017.

This chapter discusses the use of court records in genealogy research. I admit to not being well-versed in using court records (outside of land and probate files), and have only dug into court records in the last several years. Two years ago, I traveled to Knoxville, Tennessee to research and had the opportunity to spend some time at the Knox County Archives. The archives are the repository for Hamilton District Superior Court, which tried cases for East Tennessee counties from 1792-1809. The archives has an online index to these cases, making it easy to find and order records.  

In 1798, Robert King wrote a $500 bond to purchase 200 acres of land for Robert Burk. 

Source: 

Transcript:

Source: Burk v King, Docket #908/631,638 (1803), Hamilton District Superior Court of Law and Equity.

Know all men by these presents that I Robert King of Hakins [sic] County 

and State of Tennessee am held and firmly bound unto Robert Burk

Late of Jefferson County and State aforesaid in the penal sum of

five hundred dollars to be paid unto the said Robert Burk his Heirs

Execrs Adminirs or assigns - to the which payment will and Truly to

be made and done I bind myself my heirs Execrs Adminrs and assigns 

jointly and severaly firmly by these presents sealed with my seal

and sealed this 18th 

Day of April 179?

The condition of the above obligation is such that if the above

Bonded Robert King shall make or cause to be made a good

and suficient Title in fee simple to Two hundred acres of

Land of the first quallity of valley Land to be situate

on poplar Creek, powels valley or within fifteen miles of 

Southwest Point - to be well timberd and sufficient spring

said Title to be made within six months after [date?]

then the above obligation to be void and of none effect otherwise

to be and remain in full force and value in Law

Signed Sealed this 18th Day of April 1798.

Test- Robert King (seal)

W. L. [Lovely?]

Alexander Brown

In 1801, Robert Burk filed a lawsuit against Robert King in Knox County for not fulfilling the terms of the bond. Robert King countersued, denying Burk's claim. In 1803, the suit was filed in Hamilton District Court. Robert Burk was awarded $500 in damages, but the case continued until 1815 as attempts were made to recover the money King now owed Burk.

This case provided a migration trail for Robert Burk, who lived in Jefferson County when the bond was signed in 1798. By 1801, he had moved to Knox County, and a few years later, he was living in Roane County. Roane County was formed in 1801 from Knox County. I haven't done the research yet to determine if Robert Burk lived in that section of Knox County in 1801 or if he physically moved. Images of Knox County deeds have recently been added to Family Search, so I can now do that research from home.

Robert Burk is an associate of my direct ancestor, Joseph Horton, whom I've blogged about several times. Joseph Horton also lived in Jefferson, Knox and Roane Counties at the same time as Robert Burk. Although the case file never mentions any of the Horton clan, it can (and will be) used as indirect evidence in establishing that Joseph Horton who died in Roane County in 1813 is the same Joseph Horton who lived in Lincoln County, North Carolina in 1790.