Overseer of Poor
}} Warrant of
vs   }}
}} attachment

Elijah Victor

~~~~~~~~~~~~~
Filed February 23d
1846   JVernon  Clk

No 100 -- 1 Day
-------------------


Clrk will please
issue Subpoena for
Mary Victor
Jane Cooper &
Allen Collins ---
Patrick Meloy --- for
Plf ---                    
        Thos A Hendricks
Aty for Plf ----      



State of Indiana   }}  
}} Sct
Shelby County }}  
                    To Reuben Davidson & Enoch M Tucker  Overseers of the Poor of Hendricks Township in Said county           Whereas complaint has been made before me  William Hacker  a Justice of the Peace in and for the county aforesaid in the following words to wit

State of Indiana   }}  
}} Sct
Shelby County }}  

      Before  William Hacker  a Justice of the Peace in & for Said county  Enoch M Tucker  and  Reuben Davidson  two Justices of the Peace of Hendricks Township in the county aforesaid by this their Complaint Shows that  Elijah Victor  late of said Township has deserted abandoned and Separated himself from  Mary Victor  his wife without reasonable cause And that said  Mary  lives and has her Settlement in Said Hendricks Township   And that the Said  Mary by the desertion aforesaid of her husband is left in a destitute Situation and without the means of Suport and & maintanance   And that the Said  Elijah Victor  has and owns property and Estate which would contribute to the maintanance of his wife were it not that he has so deserted her and witholds all Suport from her -- Which property & Estate consists in part in three Beds one Cow, one, two horse wagon, the rent Corn of the said  Elijah Victors  farm for the year 1845, Supposed to be 300 bushels, one dark bay Mare   And the rents and profits of the following described land to wit   The South part of the East half of the North East quarter of  Section 26   Township 12   Range 6   and the South west quarter of the North East quarter of Section seven  Township & Range aforesaid   Which rents and profits are Suposed to be worth Eighty Dollars per year.
          And that they the said Enoch Tucker  &  Reuben Davidson  are the only Justices of the Peace of Said Township       They the said complainants therefore ask that a warrent may issue to them as the overseers of the Poor of Said Township authorising them to take and Seize so much of the aforesaid goods and Chattels of the said  Victor  and to attach and receive so much of the rents and profits of the lands aforewaid as may be necessary for the Suport and Maintainance of the Said  Mary Victor
Shelbyville   December 4 th 1845          
Reuben Davidson   }}   Overseers to
Enoch M Tucker   }}   the Poor

These are therefore to Command & authorise you to take and seize the Said goods & chattles of the said  Elijah Victor  to-wit   Three Beds   one Cow   one two horse Wagon   the rent Corn of the said  Elijah Victors  farm for the year 1845 suposed to be three hundred bushels   one dark Bay Mare and the rents and profits of the following described land to-wit  The South part of the East half of the North East quarter of Section 26 Township 12 Range 6   And the South west quarter of the North East Quarter of Section Seven Township & Range aforesaid or so much thereof as will be sufficient for the Suport of the Said  Mary Victor  to be disposed of as the Judges of the Shelby Circuit Court should order and direct for the Maintanence of the Said  Mary Victor  the wife of the said  Elijah Victor  so as aforesaid alledged to be deserted and such goods & Chattles and property you do safely keep and hold the same subject to the order and disposition of the Circuit Court aforesaid     And of this writ you will make due service and return thereof before the Judges of the Circuit Court on the first day of the next term thereof to be holden at the Court house in Said County on the fourth Monday of February next
Given under my hand and seal
this 4th day of December 1845    
/s/   William Hacker   {{seal}}
Justice of the Peace    



Costs as within writ ---
Justice fee --- $   ,50
Overseers fees for
Esq Davidson five
days & Esq Tucker
three days --- [illegible] $8.,00
the day of the return ---

Return ---
Clerks fees ---

~ ~ ~ ~ ~ ~ ~

Delivery Bond




Filed February 23rd 1846
          J Vernon Clk


          Know all men by these presance that we  Elijah Victor  and  Wm H Fleming  of the county of Shelby are held and firmly bound unto  Enoch M Tucker  and  Reuben Davisson  of the Township of Hendricks and County aforesaid in the Sum of Sixty dollars for the payment whereof will and truly to be made and done we bind our selves our heirs Executors and administrators Jointly and severly firmly by these presants sealed with our Seals and dated the 6th day of December AD 1845
the condition of the above obligation is such that whereas by virtue a warrant isued by  William Hacker  a Justice of the pease of Adison Township in the county aforesaid to  Enoch M Tucker  and  Reuben Davisson  overseers of the poor of hendricks Township in said county directing them to ceize on the goods and chattles of  Elijah Victor  the Said  Enoch M Tucker  and  Reuben Davisson  have this day ceized on one dark bay mare and two beds as the goods & chattles of the said  Elijah Victor  to safe keep untill the 4th mondy of Februiary next now if the said  Elijah Victor  will punctuly delliver the said mare and two beds to the said  Enoch M Tucker  &  Reuben Davisson  in as good plite as they now are on the 23d day of February next at the court House in Shelbyville in the county aforesaid then the above obligation is to be void and of none effect otherwise to be and remain in full force and virtue in law
Signed Sealed and }  /s/ Elijah Victor {{seal}}
delivered in presance of       } /s/ Wm H. Fleming {{seal}}
/s/ E F Fleming    


~ ~ ~ ~ ~ ~ ~

The Overseer of the Poor
of Hendricks Tonship
Shelby County Indiana
vs
Elijah Victor

Agreement of Counsel



Filed in open Court
February 24th 1846
          J Vernon Clk



Overseers of the Poor of     }   Complaint against
Hendricks Township } Victor for abandening
        vs } Mary Victor  his wife
Elijah Victor    
                    The agreement made between  Thomas A Hendricks  attorney for the Plaintiffs and  Cyrus Wright  attorney for Defendant --- It is agreed by & between Said Attys that judgment be rendered for Said Plaintiffs against Said Defendant, and that Said Plaintiff receive of Said Defendant the Sum of Seven dollars & fifty cents for expenditures made in this prosecution, And the further Sum of Eighteen dollars, nine dollars of which is to be paid instanter, and the remaining nine dollars at the expiration of Six months from this date, for the use of the said  Mary Victor  the wife of said Defendant --- And that judgement be further rendered that Said Plaintiff receive of Said Defendant the further Sum of Eighteen dollars Each and Every year whilst Said Defendant & his Said wife  Mary  remain & live Separate and apart, for the use and maintainance of Said  Mary Victor,  --- And that Executions Shall issue for the collection of the aforesaid Sums of money as they may respectively become due --- & it is further agreed by & between Said attorneys that the first of the aforesaid yearly payments and instalments of Eighteen dollars Each year become due and payable, after the Expiration of one year from this date, upon the twenty fourth day of february in the year Eighteen hundred and forty Seven, and that the yearly payments aforesaid thereafter to be made by said Defendant be due & payable upon the twenty fourth day of February of Each Successive year dated this February 24th AD. 1846
Thos. A Hendricks   atty for Plf
Cyrus Wright   atty for Deft.

In open Court
          I  Elijah Victor  hereby confess judgment in the within named cause, and agree that judgment be entered according to the within agreement
February   Twenty fourth  AD1846
/s/   Elijah Victor
Transcribed by Phyllis Miller Fleming

Notes from Jim Baker:  
     Eli and Elizabeth (Colision) Hollis lived in Sussex County, Delaware.  They had several children. 
     Eli died in some mishap, perhaps killed by Indians.  A Hollis letter from the time asks "Isn't it awful what happened to Cousin John and Uncle Eli?"  Apparently the details were already known to both parties and weren't given in the letter.
     Eli's widow, Elizabeth, remarried in 1829 to Elijah Victor, a widower and a carpenter, who took the family to Shelby County, Indiana.  A daughter, Eliza Hollis, married my ancestor  George Baker  there; she is my g-g-grandmother.
     When Elizabeth died in Shelby County, Elijah remarried to Mary Young on 27 Apr 1837 in Johnson County.  They lived in Shelbyville.  In 1845, Mary sued him for divorce, charging desertion. 
     There was a lot of friction in Shelby County between the recent German immigrants and the native Americans, mostly the Southerners. According to the  Independent Banner  newspaper, Sat. August 10, 1854:
"Elijah Victor of Shelbyville was involved in an altercation with three Germans at a brickyard east of town in which one German was killed and one wounded."
     Elijah would have been 69 years old at the time.
     Elijah ran to Iroquois County, Illinois, but later returned to Shelbyville. It is probable that his case was determined to be self-defense, since he appears to have been outnumbered. 
     Elijah remarried again to  Sarah Newton  on 10 Nov. 1859, in Shelby.  He is listed as age 75, and is living with his fourth wife, Sarah, in Shelbyville on the 1860 census.

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