1833 Sheriff’s Writ: Benjamin Rushmore Suffolk Co, NY vs Benjamin Pettit of Jamaica

History of 1833 Sheriff’s Writ

In June of 2025 The Pettit Research Project acquired this 1833 Sheriff’s writ from an antique document dealer in New York.  The dealer was unsure of the paper’s origins but believed she had purchased it about 25 years ago from the estate of Tim Green who was a lawyer in Southhold, NY.  The paper is in excellent condition especially considering its age.  The paper is not brittle nor is the ink faded.   It bears the original stamped paper seal held in red wax and the second page is firmly joined to the first with a wax button.

The document is a legal writ from the Court of Common Pleas in Suffolk County, NY on behalf of Benjamin Rushmore.  It was filed in Riverhead which was the county seat at the time.  Rushmore sued Benjamin Pettit of Jamaica, NY for $206.26 1/2.

No exhaustive attempt has been made to concretely identify these two men or their genealogies.  However, a very reliable researcher has postulated that Benjamin Pettit may be the man who lived from 1791-1865 in Hempstead and Huntington.  His parents were Benjamin Pettit 1752–1832 and Phebe Smith 1756–1837.  His spouse and children are thought to have been:

  • Mary Smith 1791–1868
  • Skidmore Wright Pettit 1810–1907
  • Phebe Pettit 1813–1892
  • Mary E Pettit 1821–1899
  • Leonard Clifton Pettit 1829–1909
  • George W Pettit  1830–1897 (no living males)

This Pettit family is of the John Pettit 1609 family line which heralds from Sharon, CT.


Images of the 1833 Sheriff’s Writ

Click to Enlarge

Click to Enlarge

Click to Enlarge


Transcript of 1833 Sheriff’s Writ

Page 1

  1. Suffolk Com. Pleas
  2. Benjamin Rushmore
  3. vs
  4. Benjamin Pettit
  5. *** ** *** 1st Tues-
  6. -day of January 1833
  7. B F Thompson
  8. atty
  9. .
  10. By virtue of this writ to
  11. me directed by John Roe
  12. and Richard Roe honerbl
  13. and lawful men of my
  14. county, I have given notice
  15. to the within named Benja-
  16. -min Pettitt to be and appear
  17. before the judges of the county
  18. of Suffolk at the day and
  19. place within writained
  20. to show ye as by the said
  21. writ he is required -as I
  22. our written commanded
  23. The *** of
  24. Ebenezer Smith *** Sheriff

Page 2

  1. The People of the State of New York to the Sheriff
  2. of the County of Suffolk —— Greeting.
  3. Whereas Benjamin Rushmore lately
  4. in our county of common place pf
  5. the said county of Suffolk at the
  6. town of Riverhead in said county
  7. to wit, on the third day of January in
  8. the town of Jamaica one thousand eight hundred
  9. and thirty six by the judgment of the same
  10. court recorded against Benjamin Pettit
  11. two hundred and six dollars and twenty six
  12. and a half cents for his damages which he had
  13. sustained as well one occasion of the breach of
  14. a certain covenant made between the said
  15. Benjamin Rushmore and the said Benjamin
  16. Pettit as for his costs and charges by  him about
  17. his suit in that behalf extended: whereof the said
  18. Benjamin Pettit is convicted as appears to us
  19. of Record: and was on the behalf of the said Ben
  20. -jamin Rushmore in our said court before the
  21. judges thereof we have been informed, that although
  22. judgement be therefore given per execution of the
  23. damages aforesaid still remains to be made to
  24. him:  wherefore the said Benjamin Rushmore
  25. has besought us ^to **** him a judge’s record
  26. in this way behalf and we being willing that those
  27. things which are just and right should have a due
  28. execution do therefore command you that by
  29. honorable and lawful men of your county you
  30. make **** to the said Benjamin Pettit
  31. that he be before the judges of the court of com
  32. -mon please of the said county of Suffolk at
  33. the court house in the town of Riverhead on
  34. the first Tuesday of January next to show if he
  35. has or know of any cause why the said Ben
  36. -jamin Rushmore could not to have execution

Page 3

  1. against him of the damages aforesaid according to
  2. the force for and effect of the said recovery
  3. if he shall think it expedient for him to do —
  4. and further to do and receive what our said
  5. court before the judges thereof shall then and
  6. there consider of him in this behalf and have
  7. from then there the [word blotted] names of those by
  8. whome you shall to have made known to
  9. him and this writ —
  10. Witness Jonathan S Couchlin[?] first ****
  11. at the court house in the town of River
  12. -head in said county of Suffolk the sixth
  13. day of October 1832 –
  14. Joseph R Hastings Clerk
  15. B F. Thompson Aty.

 

Did you like this article?  Please leave a comment below!