Gabriel? MATTINGLY

• General Notes
  • m. Washington Cty, KY 24 Jul 1810 to Ann Juliet MOLOHON
    where buried? wife Ann Juliet buried St. Peter's, Montgomery, IN 1869
    
    lost a judgment at Daviess Circuit Court during April 1839 term
    held lands at T3N R6W 29 SW 1/4 of NW 1/4 until auctioned off by county on 22 Jan 1841
    residing in Washington Twp, Daviess, IN on 5 Aug 1850
    
    1850 US Census (5 Aug), residing in Washington Twp, Daviess, IN, dw/fam 372/372, lines 34ff., head of h/hold is Gabriel MATTINGLY 73 (1777) MD, no occup indicated, living with Juliet 65 (1785) MD, and brick mason Hillary male 33 (1817) KY val of real est 300.
    
    Source Citation: Year: 1850; Census Place: Washington, Daviess, Indiana; Roll: M432_140; Page: 110; Image: 53.
    
    land transaction:
    2 Feb 1841:  indenture between Franklin WILHITE (WHITE?) sheriff of Daviess County and William B. GIBSON; at April 1839 term of Daviess Circuit Court in Washington, IN, State Bank of Indiana won judgment and consideration against Gabriel MATTINGLY sum of $403.25 "occasion of the nonperformance of certain promises and undertakings," plus some $29.96 1/2 cents for legal costs.  Gabiiel's lands put up for public auction on courthouse steps on 22 Jan 1841, William B. GIBSON placed winning bid of $65 for property of Gabriel MATTINGLY and appurtenances thereon at T3N R6W section 29 SW 1/4 of NW 1/4
    
    source:  Daviess County Deed Book E (Grantors), pp. 85-87
    
    land transaction:
    on 20 Dec 1839, sale by Gabriel MATINGLY [sic] to Hillary MATINGLY tract of land at T3N R6W, [?] 1/4 of NW 1/4 of section [?]; Gabriel appeared with "Ann Juliet his wife."
    
    source:  Daviess County Deed Book D, pg. 535, CMB 7/06.
    
    land transaction:
    on 15 Sep 1839, for $250 "to me paid by my three children (namely) Hillery Elizaann and Maryetta Mattingly of the County and State above mentioned [Daviess, IN]...all my beds and bed clothing also my Horses and cattle and hogs together, with them all my corn oats and hay and also all my Kitchen and house hold furniture and farming utensils"  "Recorded April 24th 1840."
    
    source:  Daviess County Deed Book D, pg. 483, CMB 7/06
    
    court record Apr 1839:
    April term 1839, 4th day.  The State Bank of Indiana vs. Gabriel MATTINGLY.  And now at this time comes the said plaintiff by Abner J. ELLIS their attorney and the said defendant although three times solemnly demanded comes not but makes default and says nothing in bar or preclusion of the said action of the said plaintiff, whereby the said plaintiff remains therein undefended against the said defendant.  Therefore it is considered by this said court now here, that the said plaintiff recover against the said defendant her damages on occasion of the said premises amounting to the sum of Four hundred and twenty five dollars and twenty five cents with interest thereon at the rate of six percentum per annum from this day until paid together with their costs and charges by her about her suit in this behalf.  And the said defendant in mercy &c.
    
    source:  Daviess County Circuit Court record (photocopy), obtained 3/2007 CMB
    
    court record 22 Jul 1839:
    [page] 242:  Know all men by these presents that we Gabriel MATTINGLY and Benjamin SMALL of the County of Daviess and State of Indiana, are held and firmly bound to the State Bank of Indiana in the penal sum of Eight hundred dollars ___ cents [sic], good and lawful money for the payment of which sum well and truly to be paid, we bind ourselves, our heirs, executors and administrators to this firmly by these presents.  Witness our hands and seals this 22nd day of July, 1839.
    
    The condition of this obligation is this:  Whereas, the State Bank of Indiana recovered judgment against Gabriel MATTINGLY before the Judges of our Daviess Circuit Court at Washington, on the 25th day of April 1839, for the sum of four hundred and three dollars and twenty five cents, which were adjudged to said Bank for her damages, and also the sum of nine dollars thirteen & a half cents for her costs and charges by her about her suit in that behalf expended.  And whereas, an execution was issued out of the court aforesaid on the judgment aforesaid on the 31st day of May last past directed to the Sheriff of said County of Daviess.  And whereas, the said Gabriel MATTINGLY wishes to replevy [?] the same.  And whereas, if the above bound Gabriel MATTINGLY and shall [sic] well and truly pay the aforesaid judgment and costs together with the interests and costs accruing and to accrue thereon within One hundred eighty days from the rendition of said judgment, then this obligation to be null and void.  Otherwise to be and remain in full force and virtue.  Gabriel MATTINGLY (seal), B. SMALL (seal).
    
    (crossed out) Replevin Bond Recorded October 24, 1839.
    
    [CMB note:  1840 census for Daviess, IN has a Benj SMALL 11110001-0031001, thus eldest male age 50-60, b. about 1780-1790; Benjamin, Gabriel 1777 KY and William MATTINGLY (b. 1770-1780) are all on same page here.  Benjamin and this William do not appear in Daviess, IN in 1850.]
    
    source:  Daviess County Circuit Court record (photocopy), obtained 3/2007 CMB
    
    court record 20 Sep 1837:
    [date partially cut off on photocopy, but date of judgment below is 20 Sep 1837]  The State Bank of Indiana vs. Gabriel MATTINGLEY [parties] trespass on the case.  Daviess County to wit.  Be it remembered that heretofore to wit on the second day of September in the year of our Lord one thousand eight hundred and thirty seven came the State Bank of Indiana by Abner J. ELLIS her attorney and files with the Clerk of the Circuit Court of the said County of Daviess pursuant to the form of the Statute in Such Case made and provided her certain bill or Declaration against Gabriel MATTINGLEY, being in Custody &c of a plea of Trespass on the case, which said certain bill or declaration is in the record and figuers [sic] following, to wit: 
    
    State of Indiana Daviess County [S?] in the Daviess Circuit Court, September term 1837, State Bank of Indiana vs. Gabriel MATTINGLEY case.
    
    The State Bank of Indiana Plaintiff in this case complains of Gabriel MATTINGLEY Defendant in Custody &c of a plea of trespass in the case for that one Hillary MATTINGLEY on the sixth day of December in the year of our Lord one thousand eight hundred and thirty six made his certain promissary note in writing bearing date the day and year aforesaid and thereby promised to pay one hundred and twenty days after the date thereof to the order of Gabriel MATTINGLEY the Defendant the sum of three hundred and twenty five dollars negotiable and payable at the Branch of Vincennes of the State Bank of Indiana for value received and then delivered the same to the Defendant, and the said defendant to whom after the making of said promisory [sic] and before the payment of Said Sum therein Specified to wit on the day and year last aforesaid indorsed [sic] the said promissory note by which endorsement he the defendant then Ordered and appointed the Said Sum in said note Specified to be paid to one John S. ALLEN and then delivered the said promissory note so endorsed to the Said John S. ALLEN and the said John S. ALLEN to whom or whom orders the payment of Said Sum of money in said promissory note Specified was by said endorsement directed to be made, after the making the said promissory note, and before the payment of the Said Sum therein Specified, on the day and year aforesaid indorsed [sic] the said promissory note, by which said endorsement last mentioned, he the said John S. ALLEN then ordered and appointed the said sum of money in said promissory note specified to be paid to the said State Bank of Indiana, and then delivered the said note to the said plaintiff—and the plaintiff Says that afterwards, when the said promissory note became due and payable according to the tenor and effect thereof, on the 6th day of April A.D. 1837 at said branch at Vincennes, Said promissory note was duly presented and shewn [unclear] at the said Branch of Vincennes for payment thereof and payment of the said sum of money therein specified was then duly required according the tenor and effect of said promissory note, but neither the said branch nor the said Hillory MATTINGLEY nor any person on behalf of the said Hillory MATTINGLEY did or would at the time the said promissory note was payable and shewn for payment thereof as aforesaid or any time before or afterwards pay the said sum of money therein specified or any part thereof but wholly neglected and refused so to do, of which the defendant afterwards on the day and year last aforesaid had notice:  by means whereof and by Force of the Statute in Such Case provided, the defendant then became liable to pay the plaintiff the said sum of money in said promissory note specified according to the tenor and effect thereof.  And being so liable he the defendant in consideration thereof afterwards on the day and year last mentioned at &c undertook faithfully promised to pay to the plaintiff the State Bank of Indiana aforesaid the said sum of money in said promissory note according the tenor and effect thereof—Nevertheless the said defendant not regarding the said promises and undertakings has not as yet paid the said sum of money in said promissary note specified or any part thereof, to the said State Bank of Indiana, although often requested and especially on the eighth day of April A.D. 1837 at the Branch of Vincennes aforesaid, so to do.  But to pay the same or any part thereof hitherto wholly refused and neglected, and still does refuse and neglect so to do—to the damage of the plaintiff the sum of five hundred dollars.  Wherefore the plaintiff brings the suit.
    
    And now at this day that is to say at a Circuit Court Continued and held at the Court house in Washington within and for the County of Daviess and the State of Indiana on Wednesday the 20th day of the same term of September in the year of Our Lord one thousand eight hundred and thirty seven before the Honorable Elisha M. HUNTINGTON president Judge of the Seventh Judicial Circuit of Said State, and Cornelius BERKSHIRE and Elijah CHAPMAN Esquires, Associate Judges of our Same Court, now here comes the said plaintiff by her attorney aforesaid, and the said defendant although three times solemnly demanded comes not but makes default and says nothing in bar or preclusion of the said action of the said plaintiff.  Whereby the said plaintiff remains undefended against the said defendant.  Therefore it is considered by the court now here, that the said plaintiff recover against the said defendant the sum of three hundred and thirty five dollars and two cents in damage on occasion of the said premises, with interest thereon at the rate of six percentum per annum from this day until paid, together with the costs and charges about the said herein expended.  And the said defendant in mercy &c.
    
    source:  Daviess County Circuit Court record (photocopy), obtained 3/2007 CMB
    
    court record Sep 1837:
    September term 1837, 3rd day.  The State Bank of Indiana vs. Gabriel MATTINGLY [parties] trespass on the case.  And now at this time comes [sic] the said plaintiffs by A. J. ELLIS, and [the said] defendant although three times solemnly demanded comes not but makes default and says nothing [in] bar or preclusion of the said action of the said plaintiff whereby the said plaintiff remains therein undef[eated] by the said defendant:  Therefore it is considered by our said court now here that the said plaintiff recover against the said defendant Three Hundred and thirty five dollars and two cents in damages on occasion of the said premises with interest thereon at the rate of six percentum per annum from this day until paid, together with the costs and charges about the suit herein expended, and the said defendant in mercy &c.
    
    source:  Daviess County Circuit Court record (photocopy), obtained 3/2007 CMB
    
    Kentucky Marriages, 1802-1850
    Mattingly, Gabriel Molohon, Ann Juliet 24 Jul 1810 Kentucky Washington County
    
    Maryland Records Colonial, Revolutionary, County and Church from Original Sources
    St. Mary's County Marriage Licenses (7533 Persons)
      St. Mary's Clerk's Office.*
    
    Name: Gabriel Mattingly
    Spouse: Eleanor Leigh
    Marriage Date: 30 Dec 1794 
    
    A Gabriel J. Mattingly appears among volunteers in the War of 1812.  "Muster roll of Capt. John Brengle's company, raised in four hours by marching through the streets of Frederick, Aug. 25, 1814.  This was the day after the battle of Bladensburg, when the news of that battle was received.  Rev. David F. Schaeffer rode by the side of Capt. Brengle through Fredericktown, encouraging men to volunteer:"
    
    source:
    History of Western Maryland Including Biographical Sketches 1968 Vol. 1, chapter on War of 1812
    
    W.R. Mattingly on Gabriel:
    ID: I00242
    Name: Gabriel MATTINGLY
    Sex: M
    Birth: 1777 in Maryland
    Death: 27 APR 1859 in Washington, Daviess County, Indiana
    Note:
    Was in Indiana as early as 1840. At this time there was one male and two females between the ages of 20 and 30. He was shown between ages of 60 and 70 and his wife was between 50 and 60. Gabriel is on the 1850 census of Daviess County, Indiana and with him are his wife, age 65 and Hillary age 33. This reflects a year of 1817 for Hillary and he was reportedly born in 1815. Gabriel's relationship is based on descendants who stressed he was a son of John Baptist as reported to: Jesse E. White, 1939. During the 1820 census he had 4 male children under age 10 and 1 between 10 and 16; and 3 daughters under 10 and 1 female between 16 and 26.
    
    Re: Liz Harvell Burris; Allen Mann, descendants
    
    "Second Census" of Kentucky, 1800, includes:  Gabriel, John MATTINGLY in Washington Cty.  (Reconstructed from tax lists.)

Click here for details of Gabriel?'s family with Ann Juliet MOLOHON

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