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
Transcript of 1833 Sheriff’s Writ
Page 1
- Suffolk Com. Pleas
- Benjamin Rushmore
- vs
- Benjamin Pettit
- *** ** *** 1st Tues-
- -day of January 1833
- B F Thompson
- atty
- .
- By virtue of this writ to
- me directed by John Roe
- and Richard Roe honerbl
- and lawful men of my
- county, I have given notice
- to the within named Benja-
- -min Pettitt to be and appear
- before the judges of the county
- of Suffolk at the day and
- place within writained
- to show ye as by the said
- writ he is required -as I
- our written commanded
- The *** of
- Ebenezer Smith *** Sheriff
Page 2
- The People of the State of New York to the Sheriff
- of the County of Suffolk —— Greeting.
- Whereas Benjamin Rushmore lately
- in our county of common place pf
- the said county of Suffolk at the
- town of Riverhead in said county
- to wit, on the third day of January in
- the town of Jamaica one thousand eight hundred
- and thirty six by the judgment of the same
- court recorded against Benjamin Pettit
- two hundred and six dollars and twenty six
- and a half cents for his damages which he had
- sustained as well one occasion of the breach of
- a certain covenant made between the said
- Benjamin Rushmore and the said Benjamin
- Pettit as for his costs and charges by him about
- his suit in that behalf extended: whereof the said
- Benjamin Pettit is convicted as appears to us
- of Record: and was on the behalf of the said Ben
- -jamin Rushmore in our said court before the
- judges thereof we have been informed, that although
- judgement be therefore given per execution of the
- damages aforesaid still remains to be made to
- him: wherefore the said Benjamin Rushmore
- has besought us ^to **** him a judge’s record
- in this way behalf and we being willing that those
- things which are just and right should have a due
- execution do therefore command you that by
- honorable and lawful men of your county you
- make **** to the said Benjamin Pettit
- that he be before the judges of the court of com
- -mon please of the said county of Suffolk at
- the court house in the town of Riverhead on
- the first Tuesday of January next to show if he
- has or know of any cause why the said Ben
- -jamin Rushmore could not to have execution
Page 3
- against him of the damages aforesaid according to
- the force for and effect of the said recovery
- if he shall think it expedient for him to do —
- and further to do and receive what our said
- court before the judges thereof shall then and
- there consider of him in this behalf and have
- from then there the [word blotted] names of those by
- whome you shall to have made known to
- him and this writ —
- Witness Jonathan S Couchlin[?] first ****
- at the court house in the town of River
- -head in said county of Suffolk the sixth
- day of October 1832 –
- Joseph R Hastings Clerk
- B F. Thompson Aty.
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