Thursday morning 24th March 1836. Counsel met pursuant to adjournment_ Present as on yesterday

William Hogg, and Mary Ann, his wife, produce here in court a deed executed by them to one William Hogg Jr of St Louis County for the consideration of twelve hundred and fifty dollars, conveying to him the said William Hogg Jr, the one fifth part of certain lands and tenements lying in the county of St Louis, and the said William Hogg and Mary Ann his wife, being identified to the court by John S. Hibler and Nancy Hibler, examined on oath to that effect, as the real persons who executed said deed, acknowledged and declar -ed that they executed the same to be their act and deed for the purposes therein mentioned_ and the said Mary Ann, being first by the court made acquainted with the contents of said deed, and examined sep- -arate from her husband touching the execution of said deed, acknowledged and declared that the execu- ted said deed and relinquishes her Dower in the lands and tenements mentioned, voluntarily, free -ly and without compulsion, or the undue influence of her said husband.

John S. Hibler, and Nancy Hibler, produce here in court a deed executed by them to John Henderson for two several tracts of land lying in the county of St Louis, containing each eighty acres,_ and being identified to the court by William Hogg and Mary Hogg, as the real persons whose names are subscribed to said deed, as the grantors therein, severally acknowledged the same to be their act and deed for the purposes therein men- -tioned_ and the said Nancy, being first by the court made acquainted with the contents of said deed and examined separate and apart from her husband touching the execution of the same, acknowledged and declared that she executed said deed and relinquishes her dower in the lands and tenements therein mentioned, freely, voluntarily, and without compulsion, or the undue influence of her said husband.

And now at this day come the parties aforesaid by their respective attornies,and thereupon come a jury - to wit: Timothy H. Hedges, James Nichols, Gibson Cothran Ruspell Hubbard, Anthony B. Bouis, John Ward, Elijah Compton, William Eads, Hiram B. Bascom, Thompson Douglas, James Boyd, James L. Essex, twelve good and lawful men, who being duly elected tried and sworn well and truly to try the issue joined between the parties aforesaid, on their oaths do say that the said defendant is guilty of the wrongs and injuries, and each and every of them, in manner and form as the said plaintiff hath above thereof complained against him.

Expunged before signing

And now at this day come the parties aforesaid by their respective attornies and thereupon come a Jury_ to wit Timothy H. Hedges, James Nichols, Gibson Cothran, Russell Hubbard, Anthony B. Bouis John Ward, Elijah Compton, Frederick D. Ortley, Samuel Miller, Hiram B. Bascorn, Thompson Douglas, James L. Essex, twelve good and lawful men, who being duly elected, tried and sworn, well and truly to try the issues within joined between the parties aforesaid, on their oaths so say as to the first issue with- -in joined, that the said defendant does detain the said horse in said declaration mentioned, in manner and form as the said plaintiff hath above thereof complained against him; and as to the second issue with- -in joined, the jurors aforesaid, on their oaths aforesaid say that the said defendants is guilty in manner and form as the said plaintiff hath above declared against him, and they assefsassess the plaintiff's damages by him sustained by reason of the premises to the sum of twenty five dollars and fifty cents_ therefore it is considered by the court and accordingly adjudged that the said James L. Boyd do recover of the said John McAnulty his damages aforesaid, in form aforesaid, so by the jury assessed together with his costs and charges bu him about his suit in this behalf expended, and that he have thereof execution

This entry expunged & reentered in proper form on next page

And now at this day come the parties aforesaid by their respective attornies and thereupon come a Jury to wit_ Timothy H. Hedges, James Nichols, Gibson Cothran, Russell Hubbard, Frederick D. Ortley, Samuel Miller, Anthony Bouis, John Ward, Elijah Compton, Hiram B. Bascorn, Thompson Douglas, James Boyd, twelve good and lawful men of the county of St Louis, who being duly elected, tried, and sworn the issues within joined between the parties afore -said well and truly to try, on their oaths do say, as to the first issue within joined, that the said defend- -ant is guilty of the wrongs and grievances, and each and every of them in manner and form as the said plaintiff hath above thereof alleged against him; and as to the second issue within joined be -tween the parties aforesaid, the jurors aforesaid, on their oaths aforesaid, further say that the said plain

And now at this day comes the said plaintiffs by their attorney, and the said defendant although solemnly called, comes not, but makes default, nor hath he answered the ac- -tion of the said plaintiffs_whereby the said plaintiffs remaind therein undefended against him, the said defendant, wherefore the said plaintiffs ought to recover of the said defendant. But because it is unknown to the court what damage the said plaintiffs have sustained by reason of the non performance of the promises and undertakings in manner and form as the said plaintiffs have above thereof complained against him_ Therefore it is commanded to the sheriff of the county of St Louis that he sum -mon twelve good and lawful men of his county to be and appear at the next July term of the this court, then and there to en- -quire what damage the said plaintiffs have sustained by reason of the premises_ and the same day is given to the said Defendant.

And now at this day come again the parties aforesaid by their respective attornies, and the court now being sufficiently advised in and concerning the promises, after mature deliberation there- -upon had doth find as to the first issue within joined that the said defendant is guilty of the wrongs and trespafsestrespasses above laid to his charge, in manner and form as the said plaintiff in his declaration hath alleged: and as to the second issue within joined, the court doth find that the said plaintiff at the time when he, was not a slave in manner and form as the said defendant in his said second plea hath above alleged. Wherefore the said plaintiff ought to recover of the said defendant_and the said plaintiff consenting to nominal damages, the court doth afsefsassess the damge by him sustained by reason of the wrongs and trespafsestrespasses aforesaid, to the sum of one cent. Wherefore it is considered by the court, and accordingly adjudged that the said Andrew Dutton be liberated and entirely set free from the said John Paca, and all persons claim- -ing by, through, or under him, the said John Paca, and that he recover of the said Paca his damages aforesaid in form aforesaid by the court afsefsedassessed, together with his costs and charges by him about his suit in his behalf expended, and that he have thereof execution.

And now at this day come the parties aforesaid by their respective attornies, and neither party requi- ring 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 issue within joined that the said defendant is guilty of the wrongs and trespafsestrespasses above laid to his charge in manner and form as the said plaintiff hath declared against him: and as to the second ifsueissue within joined, the court doth find that the said plaintiff, at the time when he, was not, nor is a slave in manner and form as the said defendant in his said sec- -ond plea hath alleged. Wherefore the said plaintiff ought to recover of the said defendant, and the said plaintiff consenting to nominal damages, the court doth afsefsassess the damage by him sustained by reason of the wrongs and trespafsestrespasses aforesaid, to the sum of one cent. Therefore it is considered by the court, and accordingly adjudged, that the said plaintiff be liberated and entirely set free from the said John Paca and all persons claiming by, through, or under him, the said John Paca, and that he recover of the said Paca his damages aforesaid, in form aforesaid by the court afsefsedassessed, together with his costs and charges by him about his suit in this behalf expended and that he have thereof execu -tion.

And 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 issue within joined that the said defendant is quilty of the wrongs & trespafsestrespasses above laid to his charge, in manner and form as the said plaintiff hath above declared against him: & as to the second issue within joined, the court doth find that the said plaintiff at the time when he, was not, nor is a slave, in manner and form as the said defendant in his said second plea hath alleged: wherefore the said plaintiff ought to recover of the said defendant, and the said plaintiff consenting to the nominal damages, the court doth afsefsassess the damage by her sustained by reason of the wrongs & the trespasses aforesaid to the sum of one cent. Wherefore it is considered by the court and accordingly adjudged that the said Lemman Dutton be liberated and entirely set free from the said John Paca & from all persons claiming by, through, or under, the said Paca, and that she recovering

said dam; and further setting forth the name and place of residence of the proprietor of the land on the other side of the water course, and praying for once acre thereof whereon to abut their dam, and what they may have a writ of adguod dam- -num" that enquiry may be made accordingly to Law, which ordered to be issued accordingly.

And now at this day comes the said defendant by his attorney, and moves the court to grant him a new trial of this cause, and files his reasons therefore; which being seen and heard, and mature deliberation thereupon had by the court, the said motion is overruled.

Bill of exceptions filed.

Bill of exceptions filed.

Bill of exceptions filed.

The court adjourn to ten oclock tomorrow morning

Monday morning April 11th 1836. Court met pursuant to adjournment_ Present as on yesterday

continued at costs of defendant on his affidavit

And now at this day come the parties aforesaid by their respective attornies, and thereupon all and singular the premises whereof the parties aforesaid have put them -selves upon the judgment of the court, are by them submitted to the court, which being seen and heard, and by the court here fully understoof and mature deliberation thereupon had for that it appears to the court that the said plea of the said defendants by them secondly above pleaded, and the matters and things therein contained in manner and form as the same are above pleaded and set forth, are sufficient in Law to bar and preclude him the said plaintiff from having and maintaining his action against them, the said defendants, and that the said plaintiff is bound by law to answer the same_ therefore it is considered by the court that the said Demurrer be overruled.

continued

By order of court this cause is dismist

On motion of the attorney for the defendants, it is ordered that this cause be reopened for hearing

On motion of the defendant, by attorney, it is ordered that this cause be dismifseddismissed, and that the said defendant recover of the said plain- -tiffs his costs and charges by him about his suit in this behalf expended, and that he have there- -of execution.

continued at costs of plaintiff

continued

continued

July Term 1836.

Now at this day comes the parties aforesaid by their respective attornies, and thereupon the said plaintiff saith he will not further prosecute his suit in this behalf, but voluntarily suf -fers the same to be discontinued_therefore it is considered by the court, and accordingly ad- -judged that the said plaintiff take nothing by his said suit, but that the said defendant go thereof without day and that he recover of the said plaintiff his costs & charges by him about his defence in this behalf expended, and that he have thereof execution.

Now at this day come the parties aforesaid by their respective attornies, and thereupon come a jury to wit_ Thomas Andrews, John Lee, James S. Thomas, Orville Paddock, Benjamin Lawhead, Saugrain Robinson, Henry S. Coxe, George Markham, William Scudder, James E. Blount, Joseph Walton, Henry E. Stone, twelve good and lawful men, who being duly elected, tried and sworn, the issues within joined between the parties aforesaid well and truly to try, retire and after some time return to the bar, and on their oaths aforesaid that they cannot agree upon a verdict in this cause, thereupon by consent of parties it is or -dered by the court that the said jury be discharged from giving a verdict, and the cause is continued.

On petition & affidavit of Philis, a woman of color, stating therein that her infant child, Julia_alias Mary Ann, is un- -lawfully detained in custody by Robert Duncan & Sally Adams, it is ordered that a wit of Habeas Corpus issue in this behlad, forthwith, commanding the said Duncan & Adams to have the body of said Julia, alias Mary Ann, before this court, to do, submit, and recieve whatever this court in that behalf shall consider.

Bill of Exceptions filed

Bill of exceptions filed

Court adjourn to nine oclock tomorrow morning

Thursday 25th August 1830 Court met pursuant to adjournment_present as on yesterday

Now at this day come the parties aforesaid by their respective attornies, & thereupon come a jury to wit_ Augustus Kerr, Thomas Andrews, Saugrain Robinson, James Lindsey, Jefferson Clark, Edward Charlefs, Nelson Stillman, William Scudder, Greene Erskine, George W. Coons, James M. Debow, Samuel M Cullough_twelve good and lawful men, who being duly elected tried and sworn_and thereupon the said Cardine Legrue, the interplea-der herein, by her attorney withdraws her claim to the slaves herein attached, and says she will not further prosecute the same in this behalf_ therefore it is considered by the court that the said Legroue take nothing by her said plea, but that the said defendants go thereof without day.

Debt $180 Dam: 13 $193

Now at this day come the parties aforesaid by their respective attornies, and thereupon come a jury to wit_ Augustus Kerr, Thomas Andrews, Saugrain Robinson, James Lindsay, Jefferson Clark, Edward Charles, Nelson Stillman, Smauel McGullough, Benjamin F. Watkins, James Musick, Thompson Douglas, William Tighe_ twelve good and lawful men, who being duly elected, tried and sword, the issues within joined between the parties aforesaid well and truly to try, upon their oaths aforesaid say as to the first issue within joined between the said parties, that the said William Atkins on the 14th day of April 1835, was not unlawfully arrested and imprisoned by John Calvert, and there detained until by force and durefsduress, he the said William Atkins made the said writing and delivered it to the said John Calvert, and that the said Atkins after the afsignmentassignment of said note to James R. McDonald, before the commencement of said suit, to wit, out the country, of St Louis, then and there undertook and promised the said James R. McDonald that he would pay him the said sum of money in the said note specified; and as to the second issue within joined between the parties aforesaid the jurors aforesaid on their oaths aforesaid say that the said writing obligatory in the said petition mentioned was misrepresentation in manner and form as the said Atkins in his said second plea hath alleged; and as to the third issue within joined between the parties aforesaid, the jurors aforesaid on their oaths aforesaid say that the said writing obligatory in the said petition mentioned, was made by the said William Atkins for a good and

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 con sidered that the said motion be overruled.

On attachment. On motion of the plaintiffs by their attorney it is ordered that the defendants be notified that an action of assumpsit, damages seven hundred dollars, has been com -menced against them_ that an attachment has issued against them, and unless they be and appear at the next term of this court to be begun and held at the city of Saint Louis, within and for the county of Saint Louis, on the second Monday of November next, and on or before the third day thereof, plead to the action aforesaid according to law, a judgment will be entered against them, and their estate be sold to satisfy the same, and it is further ordered that a copy of this order be published in some newspaper print- -ed in the city of Saint Louis for eight succefsivesuccessive weeks, the last insertion to be at least twenty days before the said next term.

Court adjourn to nine o'clock tomorrow morning

Saturday 27th August 1836 Court met pursuant to adjournment_ present as on yesterday

James Brotherton Esquire, sheriff of the county of Saint Louis, comes personally before the court, and acknowledges the ex- -ecution of a deed from his, as Sheriff as aforesaid, to James W. Debow. therein named for "two certain lots situated in North Saint Louis, in the county of St Louis, known on the plat of the same as N0S 11 and 12, bounded on the north by Jefferson street, binding on the west 160 feet on front street, and extending back 150 feet, and bounded on the south by lot No 10. Also the undivided half of six other lots in said North St Louis, known on said plat as lots Nos 221, 222, 269, 270, 278, & 279."- struck off by said Debow as the highest bidder at Sheriff's sale underan execution in favour of James M. Debow against William Leavenworth, at the price of five thousand fourt hundred and one dollars.

James Brotherton Esquire, Sheriff of the county of Saint Louis, comes personally and acknowledges the execution of a deed from his as Sheriff as aforesaid, to James M. Debow, therein named, for "lots designated on the plat of the northern enlargement of the town of Saint Louis, known as north St Louis, by the numbers eleven, twelve, two hundred and twenty one, two hundred and twenty two, two hundred and sixt nine, two hundred and seventy, two hundred and seventy eight, and two hundred and seventy nine" struck of by said Debow as the highest bidder at Sheriffs sale under an execution in favour of William Chambers against Arehy Kapson and others, as the price of five thousand three hundred and thirty five dollars.

Now at this day comes the said plaintiff by his attorney and says he will not further prosecute his suit in this behalf, but coluntarily suffers the same to be discontinued; therefore it is considered by the court, and accord- -ingly adjudged that the said plaintiff take nothign by his said wit but that the said defendant go thereof without day and that he recover of the said plaintiff his costs and charges by him about his defence in this behalf expended and have thereof execution.

Now at this day come the said parties by their respective attornies and the court being satis- -fied from the return on the rule made upon the defendant in this cause that said defendant did not remove the said plaintiff out of the jurisdiction of this court, it is ordered that said rule be discharged as to the defendant, but renewed as to James Mitchell the defendant's father. Therefore it is ruled by the court that James Mitcherll shew cause on the first day of the next November term of this court why an attachment should not issue against for a contempt of court by him committed in removing the plaintiff out the jurisdiction of this court, contrary to the other made in this cause.

On return of the writ of Habeas Corpus hereinbefore issued on the petition of Philis, as woman of color, the court having examined and questioned the said Julia as to the alleged constraint exercised over here, and being satisfied that she is contented with her situation, and does not wish to exchange it, it is ordered that said writ be discharged.

Trespass & Ejectment Now at this day come the parties aforesaid by their respective attornies and thereupon come a jury to wit_ James R. Parker, Thomas H. West, Charles Huth, John Mount, William Ayres, Dennis Carertois, Philip M Govein, Samuel Coolridge, Alfred Skinner, William Saucer, William Berry, Henry S. Taylor 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, upon their oath aforesaid by say that the said defendant is not guilty in manner and form as the said plain- -tiff hath above thereof declared against him. Therefore it is considered by the court that the said plaintiff take nothing by his said writ, but that the said defendant go thereof without day, and that he recover of the said plain -tiff his costs and 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 neither par- -ty 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 issue within joined between the parties aforesaid, that the said defendant is guilty of the wrongs & grievances above laid to his charge in manner and form as the said plaintiff hath above thereof complained against him: and as to the second issue within joined between the parties aforesaid the court doth find that the said Lewis at the time was not nor is a slave in manner and form as the defendant in his second plea hath alleged and the said plaintiff concenting to nominal damages, the court assess the same to one cent. therefore it is considered by the court, and accordingly adjudged that the said Lewis be liberated and entirely set free from the said James Newton, and all persons claiming by, through, or under him, and that the said plaintiff re -cover of the said defendant his damages aforesaid in form aforesaid by the court afsefsedassessed together with his costs and charges by him about his suit in this behalf expended, and have thereof execution.

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 aforesaid action of the said plaintiff, who thereby remains undefended against him,_ wherefore the said plain -tiff ought to recover of the said defendant, but because it is unknown to the corut what damage he hath sustain -ed by reason of the premises, therefore it is commanded to the sheriff that he summon twelve lawful men of his county, that they be and appear before this court at the next term thereof, to be held on the second monday of March next, then and there to inquire what damage the said plaintiff hath susttained by reason of the premises and the same day is given to the defendant.

Debt $230.00 Dam: 14.99 $244.99

Petition & Summons. 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 aforesaid action of the said plaintiff, who thereby remains undefended against him_ wherefore the said plaintiff ought to recover of the said defendant and this action being founded on an instrument, whereby it manifestly appears that the said defendant is indebted to the said plaintiff in the sum of two hundred and thirty dollars in manner and form as the said plaintiff in his said petition hath alleged, and that the hath sustained damages by reason of the detention of said debt to the amount of fourteen dollars, ninety nine cents_therefore it is considered by the court, and accord -ingly adjudged that the said plaintiff recover of the said defendant his deby 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 and charges by him about his suit in this behalf expended, and have thereof execution

Now at this day comes the said plaintiff by his attorney and says he will not further prosecute his suit in this behalf, but voluntarily suffers the same to be discontinued_there fore it is considered by the court, and accordingly adjudged, that the said plaintiff take nothing by his said writ, but that the said defendant go thereof without day, and recover of the said plaintiff his costs and charges by him about his defence in this behalf expended, and have thereof execution.

Samuel Willi, who is personally known to the court, comes and acknowledges the execution of a deed of

declaration mentioned_ therefore it is commanded to the sheriff that because to come twelve good & lawful men of his country at the next term of this court, then and there to enquire what damge the said plaintiff hath sustained by reason of the premises, and the same day is given to the defendant.

continued on affidavit at the costs of Mrs Elizabeth Moore.

continued on affidavit at the costs of Mrs Elizabeth Moore.

Court adjourn to ten oclock tomorrow morning

Friday_ 16th December 1836. Court met pursuant to adjournment_ present as on yesterday

(suit for freedom_cause remanded from supreme court) Now at this day come afain the parties aforesaid by their respective attornies, and thereupon, nei- -ther party requiring a jury, all and 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 issue with- -in joined between the parties aforesaid, that the said defendant is quilty of the said supposed wrongs & injuries above laid to his charge in manner and form as the said plaintiff hath above thereof complained against him, and the said plaintiff consenting to nominal damages, the court doth afsefsassess the same at one cent_therefore it is consid- -ered by the court & accordingly adjudged, that the said plaintiff be liberated and entirely set free from the said defend -ant and from all persons whatsoever and that she recover of the said defendant her damages aforesaid in form afore -said by the court afsefsedassessed together with her costs & charges by her about her suit in this behalf expended & have thereof execution.

(Suit for Freedom_ cause remanded from Supreme Court.) Now at this day come the parties aforesaid by their respective attornies and neither party re- -quiring a jury, all and singular the premises are by them submitted to the court, which being seen and heard & by the court here fully understoof, the court doth find as to the issue within joined between the parties aforesaid, that the said defendant is guilty of the said wrongs and injuries above laid to his charge, in manner & form as the said plaintiff hath above thereof complained against him and the said plaintiff consenting to nominal dam -ages, the court doth afsefsassess the same to the sum of one cent_ therefore it is considered by the court & accordingly adjudg -ed that the said plaintiff be liberated and entirely set free from the said defendant & from all persons whatsoever and that he recover of the said defendant his damages aforesaid, in form aforesaid, by the court afsefsedassessed, together with his costs & charges by him about his suit in this behalf expended and have thereof execution.

(Replevin.) Now at this day come the parties aforesaid by their respective attornies, and thereupon also come a jury to wit. John Calvert. John Kimble, William Baldwin, Samuel Bye: Enoch Perkins, Elyah Grant, Pierre Latern, Beriah Cleland, Frederick W. Bettzower James M. Buckley, Silas Drake, Wooster Goodear, 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, upon their oath aforesaid say that the said defendant is guilty of the taking & detention in the declaration mentioned, in manner and form as the said plaintiff hath above declared against him, and they afsefsassess the plaintiffs damages by him sustained by reason of the premises to the sum of one cent_ therefore it is considered by the court & accordingly adjudg -ed that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the jury as- sefsedsessed together with his costs and charges by him about his suit in this behalf expended, and have there -of execution.

$50.

Appeal from Justice Hough Now at this day come the parties aforesaid by their respective attor -nies and thereupon come also a jury to wit, Besun Toronsence A.R. Choutleau, Sylvanus Wing, James Smith, John Guest, George H. Callender, William Pease, Charles Sharp, Henry Smith, John W. Paulding, Richard Lockwood, Orville Paddock,_twelve good and lawful men, who being duly elected, tried and sworn, the matter in controversy between the parties aforesaid well and truly to try, upon their oath aforesaid say that the said defendants are indebted to the said plaintiff in the sum of fifty dollars_therefore it is considered by the court that the said plaintiff recover of the said defendants and of Samuel McCullough, security in the appeal bond the sum aforesaid by the jury found to be due together with his costs and charges by him in this behalf as well before the said Justice as in this court expended, and have thereof execution.

Dam: $00.01

Suit for freedom Now at this day comes the said plaintiff by his attorney, and the said defendant although solemnly called, comes not but makes defualt, nor hath he pleaded to the aforesaid action of the said plain- -tiff who thereby remains undefended against him_wherefore the said plaintiff ought to recover of the said defendant and not requiring a jury to afsefsassess his damages, all and singular the premises are by him sub- -mitted to the court, which being seen and heard, and by the court here fully understood, the court doth find that the said defendant is guilty of the trespafstrespass in the declaration mentioned, in manner and form as the said plaintiff hath above thereof declared against him, and the said plaintiff consenting to nominal damages, the court doth afsefsassess the same to the sum of one cent: therefore it is considered by the court, and accordingly adjudged, that that the said plaintiff be liberated, and entirely set free from all persons, and that he recover of the said defendant his his damages aforesaid, in form aforesaid by the court afsefsedassessed togeth -er with his costs and charges by him about his suit in this behalf expended, and have thereof execution

Sam: $00.01

Ejectment. Now at this day comes the said plaintiff by his attorney, and the said defend -ants, although solemnly called, come not but make default, nor have they, or either of them, pleaded to the aforesaid action of the said plaintiff, who thereby remains undefended against them_wherefore the said plaintiff ought to recover of the said defendants, and not requi -ring a jury to afsefsassess his damages, all and singular the premises are by him submitted to the court, which being seen and heard, and by the court here fully understoof, the court doth afsefsassess the plaintiff's damages by him sustained by reason of the premises, by consent of said plaintiff, to the sum of one cent_ therefore it is considered by the court that the said plaintiff recover of the said defendants his possession of the premises in the declaration mentioned, as also his damages aforesaid in form aforesaid by the court afsefsedassessed, together with his costs and charges by him about his suit in this behalf expended, and have thereof his wit accord- -ing to the statute in such case made and provided.

Reason filed for a new trial by consent

Reasons filed for a new trial

continued

continued

continued

continued

On motion of the attorney for the plaintiff, leave is given him to file serve a copy of the allegations & Interrog -atories on the garnishee Isham B Pick in manner required by law during the present term or the city day thereafter

The attorney for the plaintiffs suggests to the court that since the commencement of this suit Samuel Foulks, one of said defendants hath died.

continued at costs of defendant

continued at costs of defendant

Separate Answers of Mary Martin & Robert N. Martin filed

Pleas filed

Plea filed

Answer of Alligence Haywood filed

Plea filed

Motion for bill of particulars & replication to 2nd plea filed

Plea filed

allegations & interrogatorie filed

allegations & interrogatorie filed

Plea filed

Replications to 2nd & 3rd & 4th pleas filed

Plea filed

Attachment on Fi: Fa: Interogatorie filed

court adjourn to ten o'clock tomorrow morning

Thursday 16th March 1837 Court met pursuant to adjournment present as on yesterday

Debt $164.90 Dam 8.05 $172.55

Petition & Summons Now at this day come the said plaintiff by his attorney and the said defendant although solemnly called comes not but makes default nor hath he pleaded to the said action of the said plaintiff who thereby remains undefended against him wherefore the said plaintiff ought to recover of the said defendant and this action being founded on an instrument in writing whereby it manifestly appears that the said defendant is indebted to the said plaintiff in the sum of one hundred and sixty four dollars and fifty cents in manner and form as the said plaintiff in his said petition hath alleged hath alleged

Appeal. Now at this day comes the said defendant by his attorney, and moves the court to set aside the judg -ment rendered in this case. which being maturely considered by the court, is overruled.

Partition Now at this day come Augustus Kerr. Herman L. Hoffman & James P. Spencer, a majority of the commifsionerscomissioners appointed in this cause to make partition of the said premises, and file their report stating it as their opinion that the premises in said order mentioned is just and correct, it is ordered that said commissioners sell said ground to the highest bidder on the premises, on the second monday of July next, one third of the purchase money to be paid in hand. one third in six and the remainder in twelve months from the day of sale to be secured by notes and deed of trust upon the prop -erty sold. And if in the judgment of said commifsionerscommissioners it shall seem expedient they are herely authorized to subdivide said premises and sell the same in parcels, and to give due notice according to law, of the time, terms, and place of said sale

George Speers & Therese his wife, both personally known to the court, come and acknowledge the execution of a deed by them in favor of Lucien Dumaine for a lot of ground lying in the city of St Louis, being sixty seven and a half on Myrtle, running back sixty seven feet more or lefsless bounded on the south by Myrtle street on the east by part of said lot leased to said Dumaine by said parties, on the north by lot of Mrs Spencer, and on the west by lot of S. Deaver said deed being a lease of said lot to said Dumaine for the term of fifteen years.

Debt on Penal Bond The court having considered the said motion to strike out the defendant's plea of non est factum it is con- -sidered that the same be overruled.

On monday Court adjourn to ten o'clock tomorrow morning next.

Monday 10th April 1837 Court met pursuant to adjournment_present as before

Petition & Summons Now at this day come again the said plaintiffs by their attorney, and by con- -sent the judgment rendered into this cause is set aside_whereupon the said plaintiffs say they will not further prosecute their suit, but voluntarily suffers the same to be discontinued_Wherefore it is considered by the court that the said plaintiffs take nothing by their said wit, but that the said defendant go thereof without day and that he recover of the said plaintiffs his costs and charges by him about his defence in this behalf expended, and have thereof execution.

Suit for freedom. Now at this day come again 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 is guilty of the trespafstrespass above laid to his charge in manner and form as the said plaintiff hath above thereof complained against him, and the said plaintiff by the court, and accordingly adjudged that the said plaintiff be liberated and entirely set free from the said defendant and from all persons claim- -ing by, through, or under him, and that she recover of the said defendant her damages aforesaid in form aforesaid by the court afsefsedassessed together with her costs and charges by her about her suit in this behalf expended and have there of execution. Bill of Exceptions filed.

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 of the said plaintiff for a new trial, it is considered that the same is sustained.

Now at this day come the parties aforesaid by their respective attornies, and thereupon come also a jury to wit, Thomas Gambrel, George W. Kerr, Oscar Rapier, John E. Ostranider William G. Wyatt, John P. Hunt, David C. Dow, James Harnett, Mathias Steits Joseph E. Laveille John B. Lebeaw, 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 their verdict.

Court adjourn to ten o'clock tomorrow morning >

Wednesday 23rd August 1837. Court met pursuant to adjournment_present as on yesterday

Dam: $124.63

Now at this day come again the said plaintiffs exparte, by their attorney and thereupon come also a jury, to wit Harvey Williams, William H. Cable Ira Kingsley, Huram B. Bascun, William Pease, Silas Baseum, Theodore Papin, James Sprigg, Joseph Stearns, Moses Powers, Titus Hale, Robert, Rankin, twelve good and lawful men, who being duly elected, tried and sworn a true enquiry of damages to make, upon their oath aforesaid say that the said plaintiffs have sustained damage by reason of the non performance of the promises and undertakings in their declaration mentioned to the amount of one hundred and twenty four dollars and sixty three cents_ therefore it is considered by the court that the said plaintiffs recover of the said Samuel Cover their damages aforesaid in form aforesaid afsefsedassessed together with their costs and charges in this behalf expended, and have thereof execution.

Dam: $00.01

Ejectment. Now at this day come the parties aforesaid by their respective attornies and thereupon come also a jury, to wit Harvey Williams Wil- -liam H. Cable, Ira Kingsley, Hiram B. Bascum, William Pease, Silas Bascum, Gibson Cothron, James Sprigg, Joseph Stearms, Moses Powers, Titus Hale, John C. Abbot, twelve good & lawful men who being duly elected, tried and sworn the issue within joined between the parties aforesaid well and truly to try upon their oath aforesaid say that the said defendants are guilty of the said trespafstrespass and ejectment above laid to the change in manner and form as the said plaintiff hath above thereof complained against them, and they afsefsassess the plaintiffs dam- -ages by him sustained by reason thereof to the sum of one cent_ therefore it is considered by the court that the said plain- -tiff recover of the said defendants hais damages aforesaid aforesaid in form aforesaid afsefsedassessed together with his costs and charges in this behalf expended, and have thereof execution.

Now at this day return here into court the jurors aforesaid and on their oath aforesaid say that they cannot agree upon a verdict_whereupon by consent they are discharged and the cause is continued.

Dam $346.83

AfsumpsitAssumpsit Now at this day come the parties aforesaid by their respective attornies, and there upon come also a jury neither party requiring a jury, all and singulour 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 issue 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 doth afsefsassess the plaintiff's damages by him sustained by reason of the premises to the sum of three hundred and forty six dollars and eighty three cents_ therefore it is considered by the court and accordingly adjudged that the said plaintiff recover of the said defendant his damages afore- -said in form aforesaid afsefsedassessed, together with his costs and charges on this behalf expended, and have thereof executino

suit for freedom_ Now at this day comes the said plaintiff by her attorney and the said defendant al though 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 recov -er of the said defendant thereupon come also a jury to wit, Harvey Williams, William H. Cable, Ira Kingsley, Hiram B. Bascum, William Pease, Silas Bascum, Gibson Cothron, James Sprigg, Joseph Stearns, Moses Powers, Titus Hale, John C. Abbott, twelve good and lawful men, who being duly elected, tried and sworn a true enquiry of damages to make, upon their oath aforesaid say that the said plaintiff hath sustained damage by reason of the trespafsestrespasses in her declaration mention-

Suit for freedom Now at this day come the parties aforesaid by their respective attornies and thereupon come also a jury to wit, Robert Forsyth, Joseph Cedars, William Price, Henry P. Smith, Thomas Wash Francis Sessant, Martin Hannah, Hugh B. Myers, William A. Coonty, Hiram Darby, Thomas J. Massie, Henry P. Belt, 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 upon their oath aforesaid say that the said defendant is guilty of the premises in manner and form as the said plaintiff hath above thereof declared against him and the assess the plaintiff's damages by him sustained by reason of the tres -passes in his declaration mentioned to the sum of one cent_ 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 commoncement of this suit that he recover of him, the said plaintiff his costs and charges in this behalf expended and have thereof execution.

Continued on affidavit and at the costs of David B. Hill

Replication filed

Plea of Mary Martin filed

In Partition Now at this day come the said Rene Paul, Gabriel R. Paul, & Edmund W. Paul by Henry S. Geyer, their attorney, and Amelia Paul, Louise Paul, Jullia Paul & Juluis S. Paul by Pierre Chouteau Junior, Curator of their estates respectively and file their petition, veri -fied according to law, stating in substance that they and the said defendants on the owners of the following described real estate, to wit First_ The Eastern half a tract of land originally granted to Regis Loisel, designated as survey No 2040, which said eastern half contains eight hundred arpens, more of less and is bounded as follows, to wit, beginning at the most east corner of said survey No 2040 at a post of the bank of the Missouri River, from which a white oak twenty four inches diameter bears S. 33 E. 163 links thence with the eastern line of said survey (and which seperates the same from Jaque Chauim, Nicholas Lecornfte, William G Campell, under Antoine Rencentre and parts of sections 16 & 21 T. 46 N. R. 5 East) South twenty degrees East one hundred and seventy three chains to a post from which a hickory 15 inches diameter bears N. 36 West being the S.E. corner of said survey No 2040 thence South sixty seven degrees west with the southern boundary of said survey forty one chains fourteen links, thence North twenty three de- -grees west one hundred and sixty chains forty nine links to the bank of the Missouri River, thence down said river on the margin thereof to the beginning_ Secondly a tract of eight hundred arpens originally granted to Pierre Vasques and located to include frac- tial section thirteen in township forty six north in range six east part of section eighteen in township forty six north range "seven east of the fifth principal meridian" and the said petitioners pray that a diversion of said premises be made or partition can -not be had without great prejudice to the owners that the same may be sold, and the proceeds divided; and the said Gabriel Paul for himself, and as guardian of his children, the said Adolphe, Estelle & Therese Paul, comes and for answer to the said petition joins the petitioners in their said petition; therefore it is considered by the court that the said premises be divided as prayed for, and it being ascertained and determined by the court that the said Gabriel Paul is entitled to seventeen sixty fourth parts and the said Adolph Paul, Estelle Paul, and Therese Paul each to five sixty fourth parts thereof_ the said Rene Paul to twenty five ninety eighth parts the said Gabriel R. Paul, Edmund W. Paul, Amelia Paul, Louise Paul, Jullia Paul & Juluis S. Paul each to four ninety eighth parts of said premises, the court appoint Frederick Hyatt, Lefrenier J. Chauvin, James C. Musick, Lewellyn Brown & Louis Yosti, five respectable freeholders, residents of the county of St Louis where the lands to be divided are situate, commissioners to make the said partition between the parties aforesaid according to their respective rights and interests as above asertained, quantity and quality rel -atively considered and they are hereby required to make report of their proceedings without delay.

Appeal. Now at this day come the parties aforesaid by their respective attornies and thereupon come also a jury to wit, Robert Forsyth, Joseph Cedars, William Price, Henry P. Smith, Isaac A. Letcher, Thomas Wash, Fran -cis Sepant, Louis Yosti, Martin Hannah, Hugh B. Meyers, William A. Coontz, Hiram Darby, twelve good and lawful men, duly elected, tried and sworn the matter in controversy between the parties aforesaid well and truly to try_ thereupon the said plaintiff says he will not further prosecute his said suit but voluntarily suffers the same to be discontinued_ therefore it is considered by the court that the said plaintiff take nothing by his said suit, but that the defendant go thereof without day, and recover of the said plaintiff, the appellant, and of Joseph A. J. Aderton & John B. King his securities in the appeal bond, his costs and charges as well before the said Justice as in this behalf expended and have thereof execution.

Ejectment. Now at this day come the parties aforesaid by their respective attornies and thereupon come also a jury to wit, William Cohen, Edward McKinder, David Todd, James McClelland, John Bell, Bethuel Dodd, William Houston, George Corwin, Willis King, John Whitehill, John M. Field, Joseph Cedars, 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, upon their oath aforesaid say that the said defendants are not guilty in manner and form as the said plaintiff hath above thereof declared against them_ therefore it is consider -ed by the court that the said plaintiff take nothing by his said wit, but that the said defendants go thereof without day and recover of the said plaintiff their costs and charges in this behalf expended and have thereof execution

Dam $667.10

Assumpsit. 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 by the court here fully understood, the court doth find as to the issue within joined between the parties aforesaid that the said defendant did undertake and promise in manner and form as the said plaintiffs have above thereof declared against him, and doth assess the plaintiffs damages by them sustained by reason of the premises to the sum of four hundred and forty seven dollars and ten cents_ therefore it is considered by the court that the said plaintiffs recover of the said defendant their damages aforesaid in form aforesaid assessed together with their costs and charges in this behalf expended, and have thereof execution

Dam: $269.10

Assumpsit. Now at this day come again the parties aforesaid by their respective attornies, and by leave the said defendant withdraws his said second and third pleas, and thereupon come a jury, to wit, William Price, Samuel C. Covor, William Cohen, David Todd, Peyton White, James McClelland, John Bell Bethuel Dodd, William Houston, George Corwin, Willis king, John Whitehill, 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 upon their oath aforesaid say that the said defendant did undertake and promise in manner and form as the said plaintiff hath above thereof declared against him, and assess the plaintiff's damages by him sustained by reason of the premises to the sum of two hundred and sixty nine dollars and ten cents_ therefore it is considered by the court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid assessed, together with his costs and charges in this be- -half expended and have thereof execution.

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 to discharge John F. Darly gar- -nishee in this cause, it is considered that said motion be sustained & said garnishee is discharged accordingly with his costs against the said plaintiff.

motion and reasons filed for new trail

Motion filed by defendant for a judgment non obstante verdicts

Continued

Owen Galligan, a native of Ireland, aged twenty four years, comes into court and being duly sworn, upon his oath declared that it is bona fide his intention to become a citizen of the United States and to renounce forever all allegiance and fidel -ity to every foreign power, prince, state and sovereignty whatsoever and particularly to Victoria, Queen of Great Britain and Ireland of whom he was last a subject.

Court adjourn to ten o'clock tomorrow morning

from having and maintaining his aforesaid action thereof against him the said defendant, it is considered that said demurrer to said second plea be overruled_ wherefore it is considered by the court that the said plaintiff take nothing by his said wit, but that the said defendant go thereof without day and recover of the said plaintiff his costs and charges in this behalf expend- -ed and have thereof execution.

Now at this day come the parties aforesaid by their respective attornies thereupon the said motion of the defendant to quash the said attachment 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 detained therefore it is considered by the court that the said plaintiffs take nothing by their said writ but that the said defendant go thereof without day and recover of the said plaintiffs his costs and charges in this behalf expended and have thereof execution.

Court adjoun to Monday morning next at ten o'clock

Monday 4th September 1837 Court met pursuant to adjournment - present as before

On motion of the attorney for the plaintiff it is ordered that a survey be made of the premises in dispute between the said parties and by consent Frederick Hyatt who is a competent surveyor is required to execute said survey according to law and the rules of this court

By consent of parties this cause is submitted to Robert Collett & Edward Tracy & John R. Shaw as referees according to the statute and they are hereby required to proceed with diligence to hear and determine the matter in controversy and to report as soon as practicable

Now at this day come the parties aforesaid by their respective attornies and thereupon the said mo -tion of the said defendant for a new trial 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 sustained and a new trial of said cause is granted accordingly.

Now at this day come the said parties by their respective attornies and thereupon the said motion of the said plaintiff for a new trial of this cause being submitted to the court, and mature deliberation being thereupon had, it is considered that said motion be overruled.

Now at this day come the parties aforesaid by their respective attorneys and there -upon the motion of the said defendant for a new trial of the issue upon the plea in abatement filed in this cause is submitted to the court, which be -ing 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 attorneys and thereupon the said motion of the said defendant for a new trial 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.

Appeal. Now at this comes the said plaintiff by his attorney and the said appellant although sol -emmly called comes not, but makes default, nor hath he prosecuted his appeal with effect and the said plaintiff not requiring a jury, all and singular the premises are by him submitted to the court, which being seen and heard and by the court here fully understood, the court doth find that the said defendant is indebted to the said plaintiff in the sum of ninety five dollars and twenty nine cents- therefore it is considered by the court that the said plaintiff recover of the said defendant and of James Denny, his security in the appeal bond, his debt aforesaid in form aforesaid by the court found to be due, together with his costs and charges as well before the said Justice as in this court expended & have thereof execution.

hundred and thirty five dollars and eighty three cents_ therefore it is considered by the court that the said plaintiff recover of the said defendant his damages aforesaid in form aforesaid by the court as -sessed together with his costs & charges in this behalf expended & have thereof execution.

Mathiew Rapin, by Bernard Belle Piane his agent & attorney in fact, who is identified to the court by George Sproule, examined on oath to that effect, comes into court, and acknowledges the execution of a deed of eman -cipation in favour of Geneview, a negro woman aged twenty eight years, the slave of the said Rapin. And the said Bernard files with said deed a warrant of attorney under which he acts in this behalf, duly authenticated

Now at this day come the said plaintiff by Arthur S. Magenis their at -torney and acknowledge here in open court to have recieved full and entire satisfaction of their judgment against the said defendant ren -dered on the fourth day of May, Eighteen hundred & thirty five for the sum of six hundred & thirteen dollars ninety eight cents & entered on the records of this court in Book 7 page 383.

Now at this day come the said plaintiffs by their attorney, and say they will not further prosecute their said writ, but voluntarily suffers the same to be discon -tinued therefore it is considered by the court that the said plaintiffs take nothing by their said writ but that the said defendant go thereof without day and recover of the said plaintiffs his costs and charges in this behalf expended and have thereof execution.

Now at this day comes the said plaintiff by her attorney and says she will not further prosecute her said suit, but voluntarily suffers the same to be discontinued there -fore it is considered by the court that the said plaintiff take nothing by her said writ but that the said defendant go thereof without day & recover of the said plaintiff his costs & charges in this be -half expended and have thereof execution

Ejectment. Now at this day comes the said plaintiff by his attorney and says he will not further prosecute his said suit but voluntarily suffers the same to be discontinued_ there -fore it is considered by the court that the said plaintiff take nothing by his said writ but that the said defendant go thereof without day and recover of the said plaintiff his costs and charges in this behalf expended, and have thereof execution.

Answer of George K. Budd, garnishee filed

continued on affidavit and at the costs of the defendant

No 49 to March 1838

Now at this day comes the said defendant by his attorney & moves the court to be discharged from the capias herein issued, which motion being ma- -turely considered by the court it is ordered that said defendant be dis -charged accordingly_ and thereupon the said plaintiffs by their attor -ney come and say they will not further prosecute their said writ, but voluntarily suffer the same to be dis -continued_ therefore it is considered by the court that said plaintiffs take nothing by their said writ, but that they said defendant go thereof without day, and recover of the said plaintiffs his costs and charges in this behalf expended, and have thereof execution

On motion of the attorney for the plaintiff it ruled that a dedimus issue under the seal of this court to any Judge, Justice of the Peace of other Judical officer of the State of Tennessee to take depositions on behalf of said plaintiff.

-ed, and unlefsunless they appear at the next term of this court. condon to be behun and held at the city of St Louis on the second monday of March next and on or before the third day thereof plead to the action aforesaid according to law, a judgment will be rendered against them, and their property be sold to satisfy the same and it is further ordered that a copy here be published for four weeks sucefsivelysucessively in some news -paper printed in the city of St Louis. the last insertion to be at least twenty days before the said next term.

On motion of attorney for the plaintiff it is ordered that said defend -ants be notified that an action of afsumpsitassumpsit for four hundred and thirty dollars forty nine cents, has been commenced against them_ that their property has been attached. and unlefsunless they appear at the next term of this court and on or to be begun and held at the city of St Louis on the second monday of March next, and on or before the third day thereof plead to the action aforesaid according to law, a judgment will be rendered against them and their property be sold to satisfy the same_and it is further ordered that a copy hereof be published for eightfour weeks succefsivelysucessively in some newspaper printed in the city of St Louis the last insertion to be at least twenty days before the said next term.

On motion of attorney for the plaintiff it is ordered that said defendant be notified that an action of covenant, damages fifteen hundred dollars, has been commenced against him_that his property has been attached and unlefsunless he appear at the next term of this court to be begun and held at the city of St Louis on the second monday of March next, and on or before the third day thereof plead to the action aforesaid according to law, a judgment will be rendered against him, and his property be sold to satisfy the same_and it is further ordered that a copy hereof be publish -ed in some newspaper printed in the city of St Louis for four weeks succefsivelysucessively, the last insertion to be at least twenty days before the said next term

On motion of attorney for the plaintiffs it is ordered that said defendant be notified that an action of afsumpsitassumpsit for thirteen hundred & sixty five dollars has been commenced against him_that his property has been attached and unlefsunless he appear at the next term of this court to be begun and held at the city of St Louis on the second monday of March next and on or before the third day thereof plead to the action aforesaid acord -ing to law, a judgment will be rendered against him and his property be sold to satisfy the same_and it is fur -ther ordered that a copy hereof be published for four weeks succefsivelysucessively in some newspaper printed in the city of St Louis the last insertion to be at least twenty days before the said next term.

On motion of the attorney for the plaintiff it is ordered that said defendant be notified that an action of afsumpsitassumpsit: Debt for three hundred & thirty three dollars has been commenced against him_that his property has been attached and unlefsunless he appear at the next term of this court, to be begun and held at the city of St Louis, on the second monday of March next and on or before the third day thereof plead to the action aforesaid according to law, a judgment will be rendered against him, and his property be sold to satisfy the same_and it is further ordered that a copy hereof be published for four weeks succefsivelysuccessively in some newspaper printed in the city of St Louis the last insertion to be at least twenty days before the said next term

suit for freedom. Now at this day comes as well the said plaintiff by his attorney as the said defendant in his own proper person who comes and by leave of court withdraws his pleas herein filed, and further nothing saith in bar or preclusion of the aforesaid action of the said plaintiff who thereby remains undended against him, wherefore the said plaintiff ought to recover of the said defendant & not requiring a Jury, all and singular the premises are by him submitted to the court which being seen & heard, and by the court here fully understood, 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 after the commencement of this suit_ and by agreement the costs of this action are to be paid by the said plaintiff

Now at this day comes the said plaintiff by his attorney and the said defendant in his own proper person comes and by leave of the court withdraws his pleas above herein pleaded and further nothing saith in bar or preclusion of the aforesaid action of the said plaintiff, who there by remains undefended against him_wherefore the said plaintiff ought to recover of the said defendant and not requiring a jury, all and singular the premises are by him submitted to the court, which being seen and heard and by the court here fully understood. it is considered by the court and accordingly adjudged that said plaintiff be liberated and entirely set free from the said defendant and from all others claiming under him by title derived after the commencement of this suit_ And by agreement the costs of this action to be paid by the said plaintiff

Declaration filed by consent Now at this day comes as well the said plaintiff by her attorney, as the said defendant in his own proper person, who says he can not deny the action aforesaid of the said plain tiff nor but that she, the said defendant is guilty of the wrongs and injuries above laid to his charge in manner and form as the said plaintiff hath declared against him, and confefsesconfesses judgment thereof- there -fore it is considered by the court and accordingly adjudged that the said plaintiff be liberated and let free from the said defendant and from all persons claiming under him by title derived after the commencement of this suit, and by agreement the costs of this action are to be paid by the said plaintiff.

Declaration filed by consent Now at this day comes well the said plaintiff by her attorney, as the said defendant in his own proper person who says he cannot deny the action aforesaid of the said plaintiff, nor but that he the said defendant, is guilty of the wrongs and injuried laid to his charge in manner and form as the said plaintiff hath above thereof declared against him, and confefsesconfesses judgment thereof therefore it is considered by the court & accordingly adjudged that the said plaintiff be liberated and entirely set free from the said defendant, and from all persons claiming under him: by title derived after the commencement of this suit, and by agreement the costs of this action are to be paid by the said plaintiff

Declaration filed by consent Now at this day comes the said plaintiff by his attorney as well as the said defendant in his own proper person who comes and says he cannot deny the action aforesaid of the said plaintiff, nor but that he, the said defendant is guilty of the wrongs and injuries laid to his charge in man- -ner and form as the said plaintiff hath above thereof declared against him. and thereof confefsesconfesses judgment._ therefore it is considered by the court that the said plaintiff be liberated and entirely set free from the said de- -fendant and from all persons claiming under him by title derived onceafter the commencement of this suit and by agreement the costs of this suit are to be paid by the plaintiff.

Attachment. It being shewn to the court that the property attached in this cause is of a perishable nature and likely to depreciate in value before this cause can be determined, therefore on motion of the plaintiffs by their attorney it is ordered that an the sheriff sell said property at public sale according to law and retain the proceeds in his hands until the further order of this court.

On the affidavit of the defendant and for good cause to the court appearing, it is ruled that the said plaintiff shew cause at the next term of this court why the judgment herein rendered should not be set aside, and in the mean execution is ordered to be stayed.

Upon return of Justice Benjamin F.M. Kinney to the rule made upon him in this cause to shew cause allow the appeal prayed for by the defendant or shew cause to the contrary. it being considered by the court that said motion is insufficient, it is therefore ruled that said Justice absolutely and without delay, grant the appeal aforesaid, according to law and entirely the same up to this court.