Assumpsit. Now at this day come the said plaintiffs by their attorney and the said defend -ant although solemnlt called comes not but makes default nor hath he pleaded to the action of the said plaintiff who thereby remain undefended against him wherefore the said plaintiff ought to recover against said defendant.

Debt. Now at this day comes the said plaintiff by his attorney and the said defendant although solemnly called comes not but makes default nor hath he pleaded to the action of the said plaintiff who thereby remains undefended against him_ wherefore the said plaintiff ought to recover of the said defendant.

Now at this day come the said plaintiffs by their attorney and the said defendant although solemnly called comes not but makes default nor hath he pleaded to the action of the said plaintiffs who thereby remain undefended against him, the said defend -ant_ wherefore the said plaintiff ought to recover of the said defendant

By consent of parties the judgment by default taken in this cause is set aside and the defendant by his attorney prays leave to file his plea to said action which is granted & plea filed accordingly.

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Now at this day come the parties aforesaid by their respective attorneys & thereupon the motion of the said defendant to set aside the assessment of damages in this case is by them submitted to the court, but the court not being sufficiently advised of and concerning the premises & what judgment to render take time to consider thereof

Plea filed by leave of court

Plea filed by leave of court

Plea filed by leave of court

Plea filed by leave of court

Plea filed by leave of court

court adjourned to nine o'clock on Monday morning next

Now at this day comes the said defendant by his attorney and the said plaintiff although solemnly called comes not but makes default, nor hath he prosecuted his said writ with effect_therefore it is considered by the court that said plaintiff take nothing by his said writ but that said defendant go thereof without day

Now at this day comes the said defendant by his attorney and the said plaintiff although solemnly called comes not but makes default, nor hath he prosecuted his said writ with effect_therefore it is considered by the court that said plaintiff take nothing by said suit, but that said defendant go thereof without day.

Now at this day comes the said defendant by his attorney and the said plaintiff although solemnly called, comes not but makes default default. nor hath he prosecuted his suit with effect_therefore it is considered by the court that said plaintiff take nothing by his writ but that the said defendant go thereof without day.

Now a this day come the said plaintiffs and file their bond as required by law, & pray the court to award them execution of their judgment against said defendant, & the said bond being approved by the court, it is ordered that execution issue against the property attached.

By consent of parties cause is dismifseddismissed

George K. McGunneyle, part owner of the Steam Boat Majestic by his attorney moves the court for a rule on the Sheriff of St Louis county to bring into court here the money remain -ing from the sale of said Boat, her tackle, apparel & furniture after paying the amount of the several executions under which he was sold, whereupon it is ruled by the court that said sheriff shew cause on Saturday next to this court why the saidrule should not be made upon him.

On motion of James Brotherton Esquire, Sheriff of the county of St Louis, and for good cause to the court appearing, it is ordered that the steam Boat Caledonia with her tackele, apparel and furniture, which have been attached by said Sheriff, be sold at public sale at the court house door: where a part of said furniture is stored, to the highest bidder, for ready money, due notice thereof to be given according to law.

On motion of attorney for defendant leave is granted him to withdraw from the files of this court the replevin bond in this cause, provided he leave a copy thereof on file

On motion of attorney for the plaintiff it is ordered that an alias summons issue in this cause returnable to the next July Term of this court.

Israel Sanders, an insolvent debtor, who applies for his final discharge under the insolvent laws of this state, having complied with the provisions of the act in such cases made and provided and no allegations having been filed against him he is by the court finally discharged and exempted from arrest and imprisonment for all contracts, debts, judgments and liabilities of whatsoever nature by him contracted or entered into prior to this application

Alexander Silkirk, an insolvent debtor, who applies for his final discharge under the insolvent laws of this state, having complied with the provisions of the act in such cases made and provided, and no allegations having been filed against him he is by the court finally discharged, and exempted from arrest and imprisonment for all contracts, debts, judgments and liabilities of whatsoever nature by him contracted or entered into prior to this application.

Edward Edgar, an insolvent debtor, who applies for his final discharge under the insolvent laws, com having complied with the provisions of the act in such cases made and prohibited, and no allegations having been filed against him, he is by the >court finally-discharged and exempted from arrest and imprisonment from all contracts, debts, judgments and liabilities of whatsoever nature by him contracted or entered into prior to this application

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Bill of particulars filed

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motion filed to set aside nonsuit & sustained

Demurrer to replication filed

Court adjourned to nine o'clock tomorrow morning

Wednesday August 29th 1838 Court met pursuant to adjournment_ present as on yesterday

Replevin Now at this come the parties aforesaid by their respective attornies and neither party requiring a jury all and singular the premises are by them submitted to the court, which being seen & heard & by the court here fully understood, the court doth find as to the issue within joined between the parties aforesaid that the said defendants are guilty of the taking and detention in manner and form as the said plaintiff hath above thereof declared against them and the said plaintiff consenting to nominal damages, the court doth assess the same to the sum of one cent_ therefore it is considered by the court that said plaintiff recover of the said defendants his damages aforesaid in form aforesaid by the court assessed and by consent the same plaintiff is to pay the costs of this prosecution

on motion of attorney for defendant and for sufficient cause to the court shewn, it is ruled that said plaintiff file sufficient security for the costs of this suit by the first day of November next, or in default thereof the cause will be dismissed out of court

Suit for freedom Now at this day come the parties aforesaid by their respective attornies and thereupon come also a jury, to wit Christopher Mason, Matthew F. Lind, David C. Dow, James W. Chapman, J.C. Thurston, Timothy Oakley, Wil -liam A. Thornhill, Alexander Caldwell, William M. Wood, John McDowell, Walter R. Boswell, R. A. Goregoty, twelve good and lawful men who being duly elected, tried, and sworn the issue within joined between the parties aforesaid well and truly to try, thereupon the said plaintiff although demanded comes not but makes default nor hath he prosecuted his writ in this behalf with effect_ therefore it is considered by the court that said plaintiff take nothing by his said writ, but that said defendant go thereof without day.

Suit for freedom Now at this day come the parties aforesaid by their respective attornies and thereupon come also a jury, to wit Christopher Mason, Matthew F. Lind, David C. Dow, James W. Chapman, J.C. Thurston, Timothy Oakley, William A. Thornhill, Alexander Caldwell, William M. Wood, John McDowell, Walter R. Boswell, R. A. Gregory, twelve good and lawful men who being duly elected, tried and sworn the issue within joined between the parties aforesaid well and truly to try retire to consider of the verdict

Now at this day come again the parties aforesaid by their respective attornies, and thereupon by leave of court the said plaintiff withdraws his demurrer to the said ninth plea of the defendant, and the court here being now sufficiently advised of and concerning the promises, for that it appears to the court that the said tenth, eleventh, twelfth, & thirteenth pleas of the said defendant, and the matters and things therein contained in manner and form as above pleaded are not sufficient in law to bar or preclude the said plaintiff from having and maintaining his aforesaid action thereof against him the said defendant

Court met pursuant to adjournment_ present as on yesterday

Now at this day come again the parties aforesaid by thei respective attornies, and the jurors aforesaid return also into court, and being now agreed upon a verdict, on their oath aforesaid say as to the ifsueissue within joined between the parties aforesaid, that the said defendant is guilty of the trespafstrespass and imprisonment above laid to his charge in manner and form as the said plaintiff hath above thereof declared against him_ therefore it is considered by the court that the said plaintiff be liberated and entirely set free from the said defendant, and from all persons claiming by, through, or under him by title derived since the commencement of this suit, and that she recover of the said defendant her costs and charges in this behalf expended, and have thereof execution.

In Partition_ Now at this day come again the said commifsionerscommissioners and file their report verified according to law stating therein that in pursuance of the order made herein directing that the western half of the lot in said petition mentioned be resold, they had proceeded to sell the same, having previously given notice according to law, of the time, terms, & place of sale, and in their said report they describe the property sold, the amount bid therefor, and the name of the purchaser thereof_all which report and the matters and things therein contained, are approved by the court, and confirmed as valid and effectual forever; and the said com- mifsionerscom- missioners, or a majority of them, are hereby directed to execute and deliver to the purchaser of said property a deed therefor.

In partition Now at this day return the said commifsionerscommissioners here into court & file their report, verified as required by law, stating therein that in pursuance of the order of sale made herein, they had proceeded to sell the property in said petition mentioned and described, having previously given notice as required of the time terms and place of sale, and in their said report they describe the property sold, the amount bid therefor, and the names of the purchasers thereof, all which report and the matters and things therein contained are approved by the court, and confirmed as valid and effectual forever, and the said commifsionerscommissioners, or a majority of the, are directed to execute and deliver to the purchasers of said property, deeds therefor.

Attachment. Now at this day comes the said plaintiff by his attorney, and proves to the court that the order of publication made in this cause has been published, the proof whereof is herein filed, and the said defendant although notified according to law comes not, but makes default, nor hath he pleaded to the action of the said plaintiff, who thereby remains undefend- ed against him_wherefore the said plaintiff ought to recover of the said defendant, and this action being founded on an instru- ments in writing whereby it is manifest to the court that the plaintiff hath sustained damage by reason of the non performance of the promises and undertakings in his declaration mentioned to the amount of eight hundred and twenty one dollars twelve cents_therefore it is considered by the court that said plaintiff recover of the said defendant his damages aforesaid in form a- foresaid by the Court afsefsedassessed, together with his costs and charges in this behalf expended_ And John K. Walker, who was sum- J.K. Walker Garnishee $325." moned in this cause as garnishee, having by his answer herein filed admitted that he had in his hands at the time he was garni- sheed the sum of three hundred and twenty five dollars, belonging to the said defendant_ therefore it is considered by the court that said plaintiff recover of the said garnishee the amount aforesaid in form aforesaid by said garnishee admitted to be due, except- therefrom the sum of five dollars, which the court doth allow to said garnishee for his trouble in answering in this behalf.

By consent of parties in this cause the order dismifsingdismissed the appeal of said defendant is set aside and the cause restored to the docket, to be tried on Saturday next.

Attachment Now at this day comes again the said plaintiff by his attorney, and thereupon come also a jury, to wit, Samuel Lockwood, James W. Chapman, J.C. Thurston, Timothy Oakley, William A. Thornhill, Alexander Caldwell, John McDowell, Richard A. Gregory, Samuel Copp, William Bransford, George Fishback, Ben- jamin Webster, twelve good and lawful men, who being duly elected, tried and sworn well and truly to enquire what damage the said plaintiff hath sustained by reason of the non performance of the promises and undertakings in his declaration mentioned, on their oath aforesaid say that the said plaintiff hath sustained damage by reason of the premises to the sum of one cent_there- fore it is considered by the court that said plaintiff recover of the said defendants his damages aforesaid in form aforesaid by the jury afsefsedassessed, together with his costs and charges in this behalf expended.

Attachment Now at this day come the said plaintiffs by their attorney & say they will not further prosecute their said suit but voluntarily suffer the same to be discontinued at their costs

Now at this day come again the parties aforesaid by their respective attornies, and the court here being now sufficiently advised of and concerning the said motion for a new trial, it is considered that the same be sustained

Now at this day comes the defendant by his attorney and files his motion & reasons for a new trial of this cause, which being submitted to the court is overruled_thereupon said defendant by his attor- ney aforesaid files his motion in arrest of judgment, which being submitted to the court is also overruled

In partition N It appearing to the court that the order of sale made in this case has never been executed, on motion it is again ordered by the court that Henry Von Phul, John O'Fallon & Peter Lindell, the commifsionerscommissioners aforesaid, proceed to sell the said premises heretofore reported by them as insusceptible of division, to wit, "the lots fronting on the MifsifsippiMississippi River, which are designated on the plat filed by said commifsionerscommissioners with their former report, by the numbers sixty one, sixty, fifty nine, fifty eight, sixteen, and the remained of lot number fifteen, and the back lots designated as numbers fifty seven, forty nine, and the triangular lot of ground on the west side of main street as exhibited on said plat"_ at the court house door in the city of Saint Louis on the second day of the next term of this court, one fourth of the purchase money to be paid in hand, one fourth in one year, one fourth in two years and the remainder in three years from the day of sale, with interest at the rate of six percent per annum, to be secured by note and deed of trust on the premises sold_and the said com- mifsionerscom- missioners are further directed to give due notice of the time, terms, and place of sale.

AfsumpsitAssumpsit Now at this day come the parties aforesaid by their respective attornies and neither party requiring a jury all and singular the premises are by them submitted to the court which being seen and heard and by the court here fully understood the court doth find as to the ifsueissue within joined between the parties aforesaid that the said defendant did undertake and promise in manner and form as the said plaintiff hath above thereof declared against him, and the court doth afsefsassess the plain- tiff's damages by him sustained by reason of the premises to the sum of one hundred and seventy four dollars sixty one cents_therefore it is considered by the court that said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the court afsefsedassessed, together with his costs and charges in this behalf expended, and have thereof execution.

Petition to foreclose mortgage. Now at this day come the parties aforesaid by their respective attornies and neither party requiring a jury, all and singular the premises are by them submitted to the court, which being seen and heard and by the court here fully understood, the court doth find as to the first ifsueissue within joined between the parties aforesaid that the said defendants do owe the said sum of money in manner and form as the said plaintiff hath above thereof alleged_ and as to the second ifsueissue within joined between the parties aforesaid the courth doth find that the said supposed writing oblig- atory in the said petition mentioned is the deed of the said William T. Phillips, in manner and form as the said petitioner hath alleged_ and as to the third ifsueissue within joined the court doth find that the said defendants did not pay to the said plaintiff the said sum of money in said writing obligatory mentioned in manner and form as the said defendants have thereof in that behalf alleged_and the court doth further find that there is in arrear and unpaid of said mortgage money the sum of two thousand five hundred and twenty three dollars principal and the further sum of five hundred and thirty five dollars and thirty cents of interest thereon_ therefore it is considered by the court that said mortgage be foreclosed, and that the said mortgaged premises to wit,_"all that certain tract, piece, or parcel of land lying and being situate in the county of Saint Louis on the bank of the river MifsifsippiMississippi, and about one mile south of the city of St Louis with all the buildings and improvements thereon said parcel of land containing two arpens fronting eastwardly by the said River Mis- sifsippiMis- sissippi and running westwardly about eleven arpens to the road leading from the city of Saint Louis to the village of Carondelett & bounded as follows, to wit, eastwardly by the said river MifsifsippiMississippi, northwardly by land of Baptiste Duchouquette, formerly Joseph Brazeaus, westwardly by the road leading from St Louis to Carondelett and southwardly by lands of Bernard Pratte_ it being the same tract, piece or parcel of land which the said William T. Phillips purchased from the said Theodore Papin and Celeste his wife by deed bearing date with the deed of mortgage aforesaid"_ be sold to pay and satisfy the said sums of money so as aforesaid found to be in arrear and unpaid, with interest on the principal aforesaid at the rate of ten per cent per annum, together with the costs of this suit, and that said plaintiff have thereof execution according to the statute in such cases made and provided I Theodore Papin the plaintiff in whose favor the judgment of which this is the margin is rendered acknowledge to have recieved full and entire satisfaction of said Judgment, and hereby acquit and discharge said defendants from all liability and demand in and by virtue of said judgment. Witness my hand and seal at St Louis this 13th day of July A.D. 1841 Witness N.S. Doughty Depty clk Theodore Papin Seal

Now at this day comes the said H.N. Davis, one of the owners of the Steam Boat Lady Marshall, and moves the court to discharge the said steam boat from the writ ifsuedissued in this cause, which being submitted to the court it is considered that said motion be overruled

court, which being seen and heard, and by the court here fully understood, it is considered that said motion be overruled

Now at this day come the parties aforesaid by their respective attornies, and thereupon the said mo- tion for a new trial by them submitted to the court, which being seen and heard, and by the court here fully understood, it is considered that said motion be overruled.

Now at this day come the parties aforesaid by their respective attornies and thereupon all and singular the matters and things hereof they have put themselves upon the judgment of the court, are by them to the court submitted, which being seen and heard, and by the court here fully understood, for that it appears to the court that the said declaration and the matters and things therein contained in manner and form as therein stated, are sufficient in law for the said plaintiff to have and maintain his aforesaid action thereof against him, the said defendant, therefore it is considered by the court that said demurrer to said declaration be overruled _ whereupon the said defendant prays leave to plead to said declaration & leave is accordingly granted him

Now at this day comes the said plaintiff by his attorney and saith he will not further prosecute his writ in this behalf, but voluntarily suffers the same to be discontinued_ therefore it is considered by the court that the said plaintiff take nothing by his said writ, but that said defendant go thereof without day, and recover of the said plaintiff his costs & charges by him about his defence in this behalf expended and have thereof execution_

Now at this day come the parties aforesaid by their respective attornies and thereupon all and singular the matters and things whereof they have put themselves upon the judgment of the court, are by them to the court submitted, whcih being seen and heard, and by the court here fully understood, for that it appears to the court that the said third and fourth plea of the said defendants, and the matters & things therein contained, in manner and form as theirin pleaded, are not sufficient in law to bar or preclude the said plaintiffs from having and maintaining their aforesaid action thereof against them, the said defendants, therefore it is considered by the court that said demurrer to said third and fourth pleas be sustained.

Now at this day come the parties aforesaid by their respective attornies & thereupon all and singular the matters and things whereof they have put themselves upon the judgment of the court, are by them submitted to the court, which being seen and heard, and by the court here fully understood, for that it appears to the court that the third and fourth pleas of the said defendants and the matters and things there -in contained in manner and form as therein pleaded are not sufficient in law to bar and preclude the said plaintiffs from having and maintaining their aforesaid action thereof against them, the said defendants, therefore it is considered by the court that the said demurrer to said pleas be sustained.

Now at this day come the parties aforesaid by their respective attornies, and thereupon the said motion to quash the capias ifsuedissuedin this cause is by them them to the court submitted, which being seen and heard, and by the court here fully understood, it is considered that said capias be quashed, and the common appearance of said defendant be accepted.

Now at this day comes the parties aforesaid by their respective attornies, and thereupon the said motion to quash the capias ifsuedissued against Edward Bloomer, one of the said defendants, is by them submitted to the court, which being seen and heard, and by rhe court here fully understood, it is considered that said cpias be quashed, and the common appearance of said Bloomer accepted.

The said James Talbot, by Mr Bird, his attorney, presents to the court here his petition, verified as the law requires praying to be permitted to bring his suit in this court for freedom against the said James C. Musick, executor as aforesaid, and the said petition in the opinion of the court, containing sufficient ground therefor, it is ordered that said plaintiff be permitted to sue in forma pauperis, and that Gustavius A. Bird Esquire be afsignedassigned him as counsel.

Marshall Brotherton Esquire sheriff of the county of St Louis, comes into court and acknowledges the execution of a deed by him as such sheriff in favor of John H. Taylor for certain real estate therein particularly described, sold under an execution in favor of Richmond J. Curte against John Buford Jr, and stricken off to said Taylor for the price of sixty dollars.

Now at this day come the parties aforesaid by their respective attornies, and thereupon the said motion

Doyle, Thomas, Maddox, William Ritter, George W. Gould, Solomon, Householder, Thomas Chew, Westley Watson Zemo Mackay, twelve good and lawful men who being duly elected, tried, and sworn the ifsueissue within joined between the parties aforesaid well and truly to try upon their oath aforesaid say that the said defendants did undertake & promise in manner and form as the said plaintiff herein above thereof declared against them, and they afsefsassess the plaintiff's dam- -ages by him sustained by reason of the premises to the amount of two hundred & sixty five dollars_ therefore it is con- -sidered by the court that the said plaintiff recover of the said defendants his damages aforesaid in form afore- -said by the jury afsefsedassessed, together with this costs & charges in this behalf expended & that he have thereof execution.

Now at this day come the parties aforesaid by their respective attornies and agree as follows, to wit_ "Ben, the plaintiff, was born a slave and at the time herein after referred to, before the commencement of this suit, was and still is, claimed as the property of the defendant, William L. Woods. About five years ago and before this suit was commenced the said Woods loaned the said negro to his brother in law, one Dickerson, who was than about to come out hither from the state of Virginia to reside here, who brough him out to this state, and after having remained here for several months, took the slave over to St Clair County in the state of Illinois, for the purpose of working him as a hand in the coal mines, and did work him there as such coal-hand, for seven or eight weeks, after which he was brought back to this state and this suit was commenced by the slave for his freedom. The agent, Dickerson, still resides in this state, and has done so ever since he first came out here. Some time during the continuance of the employment of the slave_in Illinois, the said agent by letter, informed the said Woods, who then resided in the state of Virginia, that he had so employed the said slave in the state of Illi- -nois, who wrote to Dickenson exprefsingexpressing his gratification at the succefssucess of Dickerson in his operation at the coal mines. Dickerson at the time of taking the negro over into Illinois, was exprefslyexpressly informed and knew that there would be danger in thus taking the slave there, and was told that he might get his freedom. It is agreed that if upon the above stated facts the court shall be of opinion that the said slave is entitled to his freedom judgment shall accordingly be rendered for him, otherwise judgement shall be entered for the defendant_ A. Hamilton Atty for Deft_ Jas B. Bowlin Atty for plff." which being seen and inspected by the court and mature deliberation being thereupon had and the court being of opinion there from that the said plaintiff is entitled to his freedom, doth consider and adjudge that the said plaintiff be liberated, and entirely set from the said defendant and from all persons claim- -ing by, through, or under him by title derived since the commencement of this suit_and that the said plaintiff recover of the said defendant his costs & charges in this behalf expended & that he have thereof execution.

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Motion & reasons filed for setting aside inquest upon writ of ad quod dammum

Court adjourned to ten o'clock tomorrow morning

Saturday December 29th 1838 Court met pursuant to adjournment_present as on yesterday

Now at this day come the parties aforesaid by their respective attornies, and thereupon all and singular the matters and things whereof they have put themselves upon the judgment of the court, are by them to the court submitted which being seen and heard and by the court here fully understood for that it appears to the court that the said plea of the said defendant to the said third and fourth counts of the said declaration, and the amtters and things therein contained in man- -ner and form as above pleaded, are not sufficient in law to bar and preclude the said plaintiff from having main- taining his aforesaid action thereof against him, the said defendant, therefore it is considered that said demurrer to said plea be sustained_ thereupon said defendant prays to withdraw said plea which is accordingly granted

Now at this day comes as well the said plaintiff as the said claimants of the property attached in this cause by their respective attornies, and neither party requiring a jury, all and singular the premises are by them submitted to the court, who not being sufficiently advised what judgment to render take time to consider thereof.

The attached in this cause being difsolveddissolved, on motion of attorney for defendants it is or- -dered that the sheriff deliver up to said defendants the property in his hands attached.

Tuesday April 23rd 1839. Court met pursuant to adjournment_present as on yesterday

Louis Leduc and Amaranthe his wife, both personally known to the judge of this court, come and acknowledge the execution of a deed by them to Auguste Dumoulin for a certain lot of ground situated in Block number sixty of the City of St Louis containing thir -ty feet fronting northwardly on Chesnut Street & running in depth southwardly on it, east line one hundred and ten feet feet on the lot of John B. Bremorilin & on it one hundred & ten to an alley. the whole being Frenchy measure, bounded north by Chesnut Street, east by lots of Auguste Dumoulin, Louis Brazeau and John B. Dumoulin southwardly in part by the lot of said John B. Dumoulin and in part by alley ten feet wide and west by a lot sold by said Au -guste Dumoulin to said Leduc & wife_ and the said Amaranthe being by the court first made acquainted with the contents of said deed and examined separate and apart from her husband touching the execution thereof acknowledged & declared that she executed the same freely, voluntarily and without compulsion or the undue influence of her said husband.

Now at this day comes again the said plaintiff by his attorney & this action being founded on instruments in writing whereby it is manifest to the court that the said plaintiff hath sustained damage by reason of the nonperformance of the promises and undertakings in his declaration mentioned to the amount of twenty thousand one hundred and ninety two dollars fifty one cents_therefore is is considered by the court that the said plaintiff recover of the said defendants the damages aforesaid in form aforesaid by the court afsefsedassessed, together with his costs and charges in this behalf expended

Now at this day come again the parties aforesaid by their respective attornies & thereupon the said motion of the defendant to quash the attachment ifsuedissued in this cause is by them submitted to the court which being seen and heard and by the court here fully understood, it is considered that said motion be overruled Bill of Exceptions filed.

Now a this day come again the parties aforesaid by their respective attornies and the said jurors return here also into court, and being now agreed upon a verdict, on their oath afore- -said say as to the ifsueissue within joined between the parties aforesaid that the said defendant did undertake and promise in man- -ner and form as the said plaintiffs have above thereof declared against him, and they afsefsassess the plaintiffs damages by them sus -tained by reason of the premises to the sum of three thousand one hundred and eighty two dollars fifty cents_therefore it is considered by the court that the said plaintiffs recover of the said defendant their damages aforesaid in form aforesaid by the jury afsefsedassessed, together with their costs and charges in this behalf expended & that they have thereof execution

Now at this day come the parties aforesaid by their respective attornies & thereupon come also a jurt. J.F. Teta Isaac Burbage, H. Holman, Richard S. Tilden, Stephen Spellin, William Tighe, Joshua Keely, Joseph Christy George Todd, Thomas M. Darlington, Joseph S. Hull, William Boothe, twelve good and lawful men, who being duly elected, tried and sworn the ifsueissue within joined between the parties aforesaid well and truly to try, by consent of parties one of the said jurors is withdrawn and the others are discharged from giving a verdict in the cause, which is continued.

Now at this day come the parties aforesaid by their respective attornies and thereupon come also a jury to wit, J.F. Teta Isaac Burbage, H. Holman, Richard Shelden, Stephen Spellin, William Tighe, Joshua Keely, Joseph Christy, George Todd, Thomas Burlington, Bernard Finney & Ephraim Carter, twelve good and lawful men, who being duly elected, tried & sworn the ifsueissue within joined between the parties aforesaid well and truly to try, upon their oath aforesaid say that the said defendant is not guilty in manner and form as the said plaintiff his declaration hath alleged_ therefore it is considered by the court the said plain- tiff take nothing by his said writ but that said defendant go thereof without day.

now at this day comes the said plaintiff by his attorney, and saith he will not further prosecute his suit in this behalf, but voluntarily suffers the same to be discontinued at his costs

On motion of attorney for defendant it is ordered that the county survey or make a survey of the premises in dispute between said parties & make return thereof according to law & the rules of this court by the twenty ninth of May next

continued at costs of the interpleader

motion filed to set aside nonsuit

lot, and east by the west line of W. Rodiers lot, being part of a larger lot confirmed to Susan Jeamette by the operation of an act of CongrefsCongress of the United States entitled an act making further provisions for settling the claims to land in the Territory of MifsouriMissouri pafsedpassed the 13th day of June 1812 as by the certificate of the Reorder of land titles securing date the 13th day of April 1825 will more fully appear, the said lot being the same purchased by said Thomas B Hephens of Charles R. Hall & Louisa Ann his wife by deed bearing date the 24th July 1830"_ be sold to satisfy sums of money so as aforesaid found to be in aear & unpaid, with interest thereon at the rate of ten per cent per annum, together with the costs of this suit, and that said plaintiff have thereof execution according to the Statute on such cases made & provided

Debt $1330.00 Dam 167.80

Now at this day come the parties aforesaid by their respective attornies & neither party requiring a jury, all singular the promises are by them submitted to the court, which being seen and heard by the court here fully understood the court doth find as to the ifueissue within joined between the parties aforesaid that the said defendant does owe to the said plaintiff the said sum of money in said petition mentioned, to wit, the sum of thirteen hundred and thirty dollars in manner and form as the said plaintiff in hsi petition hath alleged, and the court doth afsefsassess the plaintiff's damages by him sustained by reason of the detention of said debt to the amount of oen hundred and sixty seven dollars and eighty cents therefore it is considered by the court that the said plaintiff recover of the said defendant his debt aforesaid in form aforesaid by the court found to be due, as also his damages aforesaid in form aforesaid by the court afsefsedassessed, together with his costs & charges in this behalf expended.

Ejectment The Judge of this court being interested in the premises in dispute between the parties to this action, it is ordered that the venue be changed to the County of St Charles in the ninth Judicial circuit of this state & and that the clerk of this court make out and transmit to the clerk of the circuit court court forsaid county of St Charles a full and complete transcript of the rec- ord & proceedings in this cause, together with the original papers appertaining to filed on the same.

Now st this day come the parties aforesaid by their respective attornies, and thereapon come also a jury to wit. Jo- -than Bigelow, H.A. Jamison, Thomas Honsely, Almond Reed, John Grant, James Parker, Alexander McHairt Willaim Harris, Charles C. Burkley, David Adams, Peter Lindell, Richard Marsh, twelve good & lawful men, who being duly elected tried and sworn the ifsueissue within joined between the parties aforesaid well & truly to try, retire to consider of their verdict.

Plea in abatement filed

continued at costs of defendants

motion to discharge Samuel B. Churchill garnishee filed

motion for a new trial filed

Court adjourned to ten O Clock tomorrow morning Bryan Mullanphy

Saturday April 27th 1839. Court met pursuant to adjournment present yesterday.

Now at this day come again the parties aforesaid by their respective attornies and the said ju- -rors return here also into court, and being now agreed upon a verdict, on their oath aforesaid say that the said defendant is guilty of the said trespafsestrespasses and imprisonment above laid to his charge in manner & form as the said plaintiff hath above thereof declared against him_ therefore it is considered by the court that the said plaintiff be liberated and entirely set free from the said defendant and from all others claiming by, through, or under him, by title derived after the commencement of this suit, and that the said defendant pay all costs which have accrued in the prosecution & defence of this action.

Now at this day comes the said defendant by his attorney, and the said plaintiff although de- -manded, come not, but makes default, nor hath he prosecuted his writ in this behalf with effect therefore it is considered by the court that the said plaintiff take nothing by his said suit, but that said defendant go thereof without day & recover of the said plaintiff his costs & charges in this behalf expended & have thereof execution

Now at this day come again the parties aforesaid by their respective attornies & thereupon the said motion of the plaintiff for a new trial is by them submitted to the court, which being seen & heard & by the court here fully understood it is considered that the said motion be overruled

Now at this day come the parties aforesaid by their respective attornies and thereupon the said motion of the de- -fendant for a new trial is by them submitted to the court, which being seen and heard & by the court here fully understood, it is considered that said motion be overruled.

Now at this day come the parties aforesaid by their respective attornies and thereupon the said motion of the defendant to set aside the nonsuit entered herein is by them submitted to the court which being seen & heard & by the court here fully understood, it is considered that said motion be overruled.

Now at this day come the parties aforesaid by their respective attornies and thereupon the said motion of the plaintiff to grant him a new trial of this cause is by them submitted to the court, which being seen & heard and by the court here fully understood, it is considered that said motion be overruled.

Debt $300.00 6.00

Now at this day comes the said plaintiff by his attorney, and the said defendant by James B. Bowlin his attorney in fact, who proves to the court & files herein a warrant of attorney to that effect, comes and saith he cannot deny the action aforesaid of the said plaintiff, nor but that he is indebted unto him, the said plaintiff in the sum of three hundred dollars in manner and form as in said petition stated, nor but that also the said plaintiff hath sustained damage by reason of the detention of said debt to the amount of six dollars, for which sums he confefsesconfesses judgment_ therefore it is con -sidered by the court that the said plaintiff recover of the said defendant his debt and damages aforesaid in form aforesaid confefsedconfessed together with his costs & that he have thereof execution.

In Partition Now at this day come the said Thomas Cohen, David B. Hill, George W. Call, William Glasgow & Herman L. Hoffman, commifsionerscommissioners as aforesaid and files their report stating that in pursuance of the order of this court they had proceeded to sell the premises in said order mentioned, at the time, place, and on the terms therein required of them but to whom and at what prices & what lots they cannot tell, inasmuch as immediately after said sale George Morton, one of the parties in this suit took the papers, saying he would have the report of the sale drawn up ready for the commifsionerscommissioners to sign, which said Morton has utterly failed to do, and through repeadtedly called on for the papers he does not furnish them, nor has he ever de -livered them to the said commifsionerscommissioners_ thereupon, on motion of defendants by their attorney, it is ruled by the court that the said George Morton produce the said papers here into court without delay or shew cause to the contrary

Dam $70

Now at this day comes again the parties aforesaid by their respective attornies and the said jurors return here also into court, and being now agreed upon a verdict, on their oath aforesaid say as to the ifsueissue within joined between the parties aforesaid that the said defendant did undertake and promise in manner and form as charged upon him in the said declaration & they afsefsassess the plaintiffs damages by him sustained by reason of the premises to the sum of seventy dollars_ therefore it is considered by the court that said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the jury afsefsedassessed, together his costs & that he have thereof execution. Thereupon the said defendant by his attorney moves the court to grant him a new trial & files his reasons therefor.

Now at this day come again the parties aforesaid by their respective attornies and thereupon the said >motion of the plaintiff to set aside the judment of nonsuit herein rendered is by them submitted to the court which being seen & heard by the court here fully understood, it is considered that said motion be sustained provided the said >plaintiff pay the costs which have hitherto acrued in the cause.

Now at this day come again the parties aforesaid by their respective attornies and thereupon the said motion of the defendant in arrest of judgment is by them submitted to the court, which being seen and heard and by the court here fully understood it is considered that said motion be overruled. Motion for new trial overruled.

Now at this day come the parties aforesaid by their respective attornies and thereupon all and singular the mat -ters and things whereof they have put themselves upon the judgment of the court are by them to the court submit -ted which being seen & h but the court not yet being sufficiently advised what judgment to render take time to consider thereof.