Sample Replevin

Daniel Liebig vs John Stork &al
Circuit Court Case File 3872
Replevin, 1837
St. Clair County, Illinois

Transcription. File Jacket does not note the particular Record Book in which the case is recorded.
Paper case file located at the Illinois State Archives, Springfield

Words in [square brackets] are additions or guesses by the transcriber.

[Document 1 Affidavit]

“Before me John Hay, clerk of the Circuit Court of the St. Clair County personally appeared this day Daniel Liebig, of the County of St. Clair, and made oath that a yoke of oxen of brown colour, about seven years old, rightfully and bona fide belongs to him, and that the said yoke of oxen is unlawfully detained from him by John Stork and Valentine Stork, of the Said County of St. Clair, and that the Said yoke of oxen was not taken for the payment of taxes, nor taken in execution for the payment of debt, and therefore prays a writ of replevin for the said yoke of oxen.

Daniel Liebig

Sworn and subscribed before
me this 17th of October 1836

John Hay ck”

“on Silver Creek near Still house”

[reverse side of Document 1]

“Daniel Liebig
v
Jn^o Stork
Val^l Storkaffidavitfiled 17^th day of October 1836″

————————-

[Document 2 – Writ]

” State of Illinois, ss.
The People of the State of Illinois to the Sheriff of St. Clair County–Greeting:

If Daniel Liebig of the said County, shall give you bond and sufficient security, to prosecute his suit to effect, and without delay, and to make return of the following described Goods and Chattels, the property of him the said Daniel Liebig to wit: one yoke of oxen of a brown Color, about Seven years old which John Stork & Valentine also of the said County took and unjustly detain against gages and pledges, as he saith, if return thereof shall be awarded, and further to save and keep you harmless, in replevying said property, then you are to cause the said goods and chattels to be replevied and delivered to the said Daniel Liebig without delay, and to summon the said John Stork & Valentine Stork personally to be and appear before our Circuit Court next to be holden at Belleville, within and for our said County, on the thrid Monday of Feb^y next; to answer the complaint of the said Daniel Liebig for taking and unjustly detaining the goods and chattels aforesaid, and make due return of the bond to be taken from the said Daniel Liebig to the Clerk of our said Circuit Court, together with this writ, with an endorsement thereon as to the manner in which you may execute the same.

Witness, the Hon. Sidney Breese Judge of the our said Court,
at Belleville, this Seventeenth day of October in
the year of our Lord, eighteen hundred and thirty-Six
John Hay Ck”

[reverse side Document 2]

“Daniel Liebig
v
John Stork &
Valentine StorkReplevinRet^ble feb^y term 1837

paid & case cont^d”

” Duly Executed the within writ by reading the same to John Stork & Valentine Stork & taking the within named oxen and delivering them to Daniel Liebig on the 18th day of Oct 1836
Charles Sargent Sheriff

To Serving writ on John Stork &
Valentine Stork- – – $100
To taking Bond – – – – -50
To 10 miles travel – – – 64 1/2
To returning writ – – – 12 1/2
[Total] – – – – – – – – – $2.25

All Costs paid & discont^d

J Hay”

————————-

[Document 3]

“Know all men by these Presents that we Daniel Liebig and Philipp Kruchbaum of the County of St. Clair and State of Illinois are held and firmly bound unto Charles Sargent Sheriff of the Same County and State in the penal sum of ninty Dollars Current money of the United S[t]ates for the noy[?] ment of which well and truly to be made we bind ourselve our heirs executors and administrs [paper torn]intly and Severally and firmly by these presents. Witness our hands and seals this Seventeenth day of Oct AD Eighteen hundred and thirty Six
The condition of the above obligation is such that whereas the above bound Daniel Liebig and Philipp Kruchbaum has commenced an action of replevin against Joseph Lettersorben John Stork & Valentine Stork in the circuit Court of Said County on the taking and unjustly detaining of the following goods and chattles to wit one yoke of oxen of a brown Couler about seven years old and the property of said Daniel Liebig as he saith now if the said Daniel Liebig shall personally be and appear before the Said circuit Court on the first day of the next term thereof to be holden at the cou[r]t house in Belville on the third monday in the month of Febuary next and shall then and there prosecute his Said suit to effect and without delay and [-?-}th make [page torn] the said property to the Said John Stork & Valentine Stork Daniel Liebig a return thereof shall be awarded by the Said circuit court and shall save and keep harmless the said Sheriff [no?] replev[-?-]ing Said property then this bond to be void otherwise to remain in full force and virtue

Daniel Liebig {seal}
G. Philipe Kruchbaum {seal}

Taken before me this 17th day of Oct 1836″

[End Daniel Liebig vs John Stork &al, Replevin, 1837]