Chancery Suit - Joseph Preas Sr. Vs Adam Dixon - 1820-1823
This Suit lasted from 27 March 1820 to 20 July 1823 - It concerns a crop of Tobacco Joseph Sr. purchased.
Many Chancery Suits are listed in the Digital Records of the Library of Virginia web site.
Any Questions - please e-mail me at jrpreas@suddenlink.net
This Suit concerns Joseph Preas (Sr.) who claims he was shown a crop of standing tobacco and that the “amount” of the future harvest was over stated by Adam Dixon. In other words, Joseph Preas (Sr.) was basically promised a certain yield but when the tobacco crop was harvested, it fell far short of Adam Dixon’s estimate. It was this estimate that convinced Joseph Preas (Sr.) to purchase the crop and he claims that Adam Dixon fraudulently enhanced the tobacco crop's estimated yield to get Joseph to purchase it.
In January 1920, Joseph Preas (Sr.) presents to the Court that in the month of October of 1818, “he was induced by the earnest and repeated representations and entreaties of a certain Adam Dixon hereon as the defendant to become the purchaser of a crop of tobacco from the said Dixon at the price of one hundred and ninety dollars.”
Joseph goes on to state that Adam Dixon made false and fraudulent representations due to “the crop being partly standing in the field and partly out and housed, your orator would form a very imperfect idea of the quantity of which is [incumstance?] the defendant availed himself to persuade your orator.”
Joseph goes on to say that Adam Dixon assured him that the tobacco yet to be cut would fill a large house, and showed Joseph a house that looked to be full of tobacco “Sticks”. Joseph Preas (Sr.) now claims that the house of tobacco he was shown was basically a false showing of what he was to expect, because the fullest of sticks were placed in front for his viewing but those in back of the house were much thinner, thus, a false representation of what he expected to receive. Instead of the estimated (3000) three thousand pounds that was expected, Joseph’s harvest only produced (1509) one thousand five hundred and nine pounds.
Apparently, Joseph Preas refused to make payment for this crop and was sued by a representative of Adam Dixon because Dixon had moved out of the State of Virginia. Joseph was forced to pay 72 dollars and felt that his only recourse in getting his money back was to file this Suit, against Adam Dixon.
On 23 January 1820, Joseph Preas (Sr.) and Thomas Preas (Sr.) delivered a bond for the sum of four hundred dollars to obtain an injunction on Adam Dixon, the money to be used to pay Adam Dixon such sums of money, tobacco and costs which might be due him should Joseph Preas lose this Suit.
Preas Vs Dixon – Bill – 1820 March 27 – Injn granted (being allow [consignment?] last court) 1823 July 20 – Dissolved
On 25 August 1820, Adam Dixon issued a reply to this Suit from Murray County, Tennessee. Dixon states that it is true he sold Joseph Preas a crop of tobacco in October of 1818. Dixon says that he showed Joseph Preas the tobacco that was housed and denies all fraud charges in the way the tobacco was hanging, claiming each stick had the same amount as the other, “with no less than 10 plants per stick” and the house was full except for a small space that was not filled and was shown to Joseph. Dixon says he “Did Not” give his opinion as the probable quantity of tobacco in said crop until “after” the sale was completed and then, only after the urging of Joseph Preas, he supposed there would be about 2500 pounds if it was well managed, but there would “not” be enough to full the other house. Dixon goes on to say that it was Joseph Preas who offered $190 for said crop and issued a note for payment to be made on 1 April 1819. Dixon states that he left Virginia leaving Thomas Davis instructions for the collection of the note. Dixon again denies any fraud and that the sale was made honestly and in good faith.
On 28 August 1823, a deposition was taken of Garland Rucker at the Tavern of Robert Mitchell in the Town of Liberty, Virginia. Here is the entire Question and Answer segment.
Question by the Plaintiff – do you remember
the quantity of Tobacco that the said Dixon told you he would make?
Ans. He
told me that he expected from the crop he had made the year before, that their
would be upwards of three thousand pounds from the quantity of [hills?].
Quest. What
quantity of hills were there?
Ans. He
the said Dixon stated there was about seventeen thousand.
Quest. Did
you count them?
Ans. I
had the said ground in tobacco and there was between eleven and twelve thousand
hills.
Quest. Did
you think it first rate tobacco?
Ans. I
did not.
Quest by pltf. Was there no
proportioning for you to take the tobacco?
Ans. There
was.
Quest. Did
you not offer Wm. Dixon a certain sum for the Tobacco?
Ans. I
did.
Quest. What
was that sum?
Ans. I
think it was either one hundred and sixty five or [oaleg?] seventy, but I am
more inclined to think it was one hundred
and sixty five.
Quest. Did
you ever attend the tobacco houses after Mr. Dixon moved away, before the said
Preas
Struck down the Tobacco?
Ans. I
was frequently by the Tobacco house.
Quest. Do
you think the tobacco was properly attended after Mr. Preas had put it in the
house?
Ans. I
do not know as I did not examine it.
Quest. You never discover
the fraud that Mr. Preas complains of?
Ans. I discovered that the
tobacco was based very thin when I was at the tobacco house particular a pasel
on the [leaf sticks?]
Quest. What
was Adam Dixons reputation as a man of honesty?
Ans. As
fare as I no he was a man of trooth only he was mistaken as to the quantity of
ground he stated he had in tobacca
Quest. Was not the price of
tobacco very flattering in the fall of 1815?
Ans. It
was.
Question by Plaintiff – What time was the Tobacco
struck down?
Ans. About the last of February or the first of March as well as I
recollect.
Garland [Rucker?]
Also, on 28 August 1823, the deposition of John Preas was given at the Tavern of Robert Mitchell in the Town of Liberty. Here it is in its entirety.
Question by the Pltff.
Did not said A. Dixon request you to let your father to come down and by
his
Tobacco?
Ans. He
did.
Quest. Did
not A. Dixson tell you that Garland Rucker had offered him one hundred and
eighty-five dollars for the Tobacco?
Ans. He
did.
Quest. Did
he not tell you that there was eighteen or twenty thousand Tobacco hills?
Ans. He
did.
Quest. Did
he not tell you that there would be two houses full?
Ans. He
did.
Quest. Did
not A. Dixon not request you to encourage your father to by the tobacco?
Ans. He
did.
Quest. Did
you think that I took particular care of the Tobacco?
Ans. I
Do.
Ques. Do
you think that A. Dixon sold your Father from the [time?] that he sent word by
you to him to come down and see him until the day of the sale?
Ans. I
do not.
question
by Defendants agent – are you the son of Joseph Preast?
Answer: I am.
John Preas
The
foregoing affidavit was subscribed and sword to before me this 28yh of August
– 1823
Charles Whitely
The defendant objects to the reading of the affidavit of John Preas because this question propounded to the witness dealing [eulstrony?] C.A. August 30, 1823
Again, on 28 August 1823, a deposition of James Felding was taken at the Tavern of Robert Mitchell in the town of Liberty, Virginia. This is very short in length.
Question by the Plntff.
Did you not hear the said Dixon say that he had a better crop of tobacco
that he ever had in his life.
Ans. I
did, I also asked him if he did not have a better crop than he had the year
before, he said he did, and had, [paprd?] the year before upwards of three
thousand pounds. George Feldin
There is nothing else in the Chancery files concerning this case. We do not know if Joseph won or lost this Chancery suit or if the two sides settled outside of the venue. It looks like the case was dismissed in August of 1823.