Category Archives: Court Records

1800s

Court Record: James L. and Henry Fortenberry serve on juries in Cape Girardeau

1810

Court Record: James L. and Henry Fortenberry serve on juries in Cape Girardeau

July 18, 1810

In July 1810, James L. and Henry Fortenberry sat together as jurors in the Cape Girardeau Court of Common Pleas. James L. also heard a debt case against Ezekiel Able, the same man who had given him a title bond the year before.

Read the full transcription →

Court Record: Henry Fortenberry – assault

1812

Court Record: Henry Fortenberry – assault

1812

A typed index of Cape Girardeau County criminal files lists an 1812 territorial case against Henry Fortenberry for assault and battery on John Dunn. This Henry was possibly a son or relative of James Leath Fortenberry, but that is not yet confirmed.

Read the full transcription →

Conditional Bond: Jacob Fortenberry pledges to free Jack and Jenny, per James Leath Fortenberry’s wishes

1825

Conditional Bond: Jacob Fortenberry pledges to free Jack and Jenny, per James Leath Fortenberry’s wishes

August 29, 1825

On 29 August 1825 Jacob Fortenberry (Fortenbery) of Lawrence County, Arkansas Territory, bound himself to James L. Fortenberry for $1,000. The bond was void only if Jacob carried out “the last will and request” of James L.: that Jack and his wife Jenny, enslaved by James L., be given their freedom at the deaths of James L. and his wife Peggy, with Jacob standing as their security and never holding them in bondage. Henry Wayland and Samuel Crow witnessed. Wayland proved the bond in Lawrence County on 30 August 1837, and Circuit Clerk James S. Brown certified its recording (Book C [?], pages 18–19) on 29 March 1838. Although the family has long called it James Leath's will, the surviving document is this bond; no will has been found. This post combines the original post with the full transcription of the bond, the witness's proof, the clerk's certificate and the docket.

Read the full transcription →

Court Record: Jacob Fortenberry’s 1825 bond is proved and recorded

1837

Court Record: Jacob Fortenberry’s 1825 bond is proved and recorded

August 30, 1837

In August 1837, witness Henry Wayland swore that the 1825 bond for the freedom of Jack and Jenny was genuinely signed by Jacob Fortenberry. In March 1838 the Lawrence County clerk certified that it had been recorded. These certificates possibly followed the deaths of James L. and Peggy, but that is not yet confirmed.

Read the full transcription →

Court Record: Jacob Fortenberry accused of stealing hogs

1851

Court Record: Jacob Fortenberry accused of stealing hogs

December 18, 1851

In December 1851, Allen Jones accused Jacob Fortenberry of keeping eleven hogs that strayed after Jones bought them from Jacob's son Sevier. The court papers end with the grand jury's verdict, "not a True Bill," filed in April 1852, so Jacob was never charged.

Read the full transcription →

Claim: Fortenberry property confiscated during the Civil War

1862

Claim: Fortenberry property confiscated during the Civil War

December 26, 1862

In December 1862, O. R., Taylor and William M. Fortenberry of Lawrence County, Arkansas, swore to what Gen. Curtis's Federal army took from them: corn, horses, tools, whiskey, and enslaved people. Their claims totaled more than $5,800. One of the papers is a Confederate receipt showing Taylor sold corn and oats to the Southern army in 1863.

Read the full transcription →