UNITED STATES OF AMERICA. TO THE SHERIFF OF [KNOX] COUNTY, IN THE TERRITORY SOUTH OF OHIO, GREETING: WE COMMAND YOU TO SUMMON [WM. LOWRY ESQ. & JOHN SHARRILL] PERSONALLY TO BE AND APPEAR BEFORE THE JUSTICES OF OUR COUNTY COURT OF PLEAS AND QUARTER-SESSIONS, TO BE HELD FOR THE COUNTY OF KNOX, AT THE COURT HOUSE IN KNOXVILLE, ON THE [FIRST] MONDAY OF AUGUST NEXT, THEN AND THERE TO TESTIFY AND THE TRUTH TO SAY ON BEHALF OF [SAMUEL WEAR] IN A CERTAIN MATTER OF CONTROVERSY IN OUR SAID COURT DEPENDING, WHEREBY S[AMUEL WEAR IS] PLAINTIFF AND [MATTHEW WALLACE IS] DEFENDANT. AND THIS [THEY] SHALL IN NO WISE OMIT, UNDER THE PENALTY OF LAW. WITNESS CHARLES McCLUNG, CLERK OF OUR SAID COURT, AT OFFICE, THE [FIRST MON]DAY OF MAY IN THE YEAR OF OUR LORD 179[4] AND THE [XVIII] YEAR OF OUR INDEPENDENCE.

[Knoxville, Southwest Territory: George Roulstone, 1794]. Single page, docketed on the verso in ink manuscript noting that the summons had been served. Printed on recto only, bracketed material indicating manuscript additions. Signed in ink at the end. "Chas. McClung, Ck." Old folds, light toning and wear. Good+.

An early, rare imprint from pre-statehood Tennessee, when it was known as "the Territory south of Ohio." According to Middle Tennessee State U., it was "Probably printed by George Roulstone in Knoxville, who was printer to the territory in at least 1794 and 1795, and printer to the state of Tennessee from 1796 to 1803." The Clerk, McClung, was a surveyor who drew the original plat of Knoxville in 1791.
Colonel Samuel Wear [1753-1817], the plaintiff, served, not only in the Revolution, but also Indian wars, and the War of 1812. Colonel Matthew Wallace [c.1764-1840], defendant, was the brother-in-law of Sam Houston, a Tennessee governor, President of the Republic of Texas, and Governor of Texas. The subpoenaed witness William Lowry, Sr. [1747-1820], a Virginia native, settled in Knoxville, Tennessee, in 1791. He was appointed a Justice of the Peace by Gov. William Blount in 1792, including the newly formed Blount County in 1795, and to Morganton of Monroe County in 1813. Witness Samuel Sharrill was likely Samuel Sherrill [1756-1823], a native of North Carolina who later moved to Tennessee. Charles McClung [1761-1835] was the first clerk of Knox County's court.
Not in Evans, Bristol, Shipton & Mooney, Allen, McMurtrie, American Imprints Inventory, ESTC. OCLC 701837615 [1- Yale], 769124081 [1- MTSU] as of November 2021. Item #37889

Price: $875.00

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