[image of page 1]

Benjamin Murphy
vs
David McElmurry.
Copy Record

Fee for this transcript $2.00
" " Certificate & seals .50
$2.50

Teste
T.W.Newton
Dy. Clerk

[image of page 2]

The United States of America
Arkansas Territory
SS.

Preamble
Pleas held before the worshipful James C. Newell, Thomas Tennant and James Lemmon, Judges of the Court of Common Pleas for the County of Pulaski, on the 28th day of November one thousand eight hundred and twenty one. and of the Independence of the United States of America the 46th.
Be it remembered that on the 5th day of November, in the year one thousand eight hundred and Twenty one the following Declaration was filed in Clerks Office of Pulaski County in the case Benjamin Murphy vs. David mcElmurry. (towit):
Territory of Arkansas
Pulaski County
In the Court of Common pleas for said cty. To November Term 1821.
Benjamin Murphy complains of David McElmurry of a plea wherefore he took the goods and chattles of the said Benjamin, and the same unlawfully detains [image of page 3] against surities and pledges. For that wherefore the said David McElmurry on the 22nd day of September AD 1821 at the County of Pulaski and within the jurisdiction of this Court, did unlawfully and against the will of him the said Benjamin, take the goods and chattles of him the said Benjamin, there and then found to wit. one grey horse about 16 hands high abot 10 years old, and the same detains unlawfully against surities, and pledges, and to the Damage of the said Benjamin $150 and therefore he brings his suit.
Robt. Crittenden
Atty for Plff

Affidavit on Certificate
Territory of Arkansas
Pulaski County.
This day Benjamin Murphey personally appeared before me Richard Mennyfee Dy:Clk for Alexander H Renic clerk and being duly sworn states on oath that he was lawfully possessed of the property in the declaration mentioned and that the same was unlawfully taken from his possession and without his consent within [image of page 4] one year next preceeding his application for the writ of Replevin prayed for on the within declaration and that he is now lawfully entitled to the possession thereof.
Benjamin Murphey.

Sworn to and and subscribed before the undersigned Deputy Clerk, for A. H. Rennick Clerk of said Court this fifth day of November AD 1821
Richd Mennefee
Dy Clk.

Praecipe
The Clerk of the Court of common Pleas for Pulaski County will issue a writ of Replevin on the foregoing declaration.
Robt. Crittenden
Atty for Plff

Writ
Territory of Arkansas
County of Pulaski
The United states of America
To the sheriff of said County: Greeting: you are hereby commanded that if the within named Benjamin Murphey shall make you secure by good pledges to replevin the property of him the said Benjamin Murphey and put him in the [image of page 5] possession thereof To wit: one grey horse about sixteen hands high, about Ten years old which he the said David McElmurry unlawfully detains against sureties and pledges, and to the damage of him the said Benjamin Murphey, one hundred and fifty Dollars as he saith. And do you also summon the said David McElmurry if he may be found in your bailiwick that he be and appear before the Judges of our said court of Common Pleas, to be holden at the Town of Cadron in said county on the fourth month of November next then and there to answer the said Benjamin Murphey of the foregoing complaint, and have you then there this writ, and of your doing thereon make due return, according to Law.
Witness A.H. Renick clerk of said Court at office under the County seal this 5th day of November AD 1821 and of the Independence of the United states of America the 46th
Alexander H. Rennick Clk
by his Deputy Richd. Menefee

[image of page 6]

endorsement
upon which the sheriff made the following endorsement and return. (To wit) "Cum to hand Novb 5th 1821. G Greathouse Shff"

Return
"The within writ executed on the within Named David McElmurry and the within named horse put into the possession of B. Murphey on the 6th of November 1821
Milage 16 miles 80
Moving property 1.00
Executing writ 2.00
$3.80
G. Greathouse shff

Bond in Replevin
Know all men by these Presents that I Benjamin Murphey as principle and charles Sincleare as security acknowledge our selves to owe, and oblige our selves to pay unto Gabriel Greathouse the sum of three hundred Dollars current money of the United States to be levied, of our several goods and chattles, lands and tenements upon the following conditions viz: that whareas the said Benjamin Murphey hath sued out a certain writ of replevin against David mcElmurry for a certain gray Horse of the value of one hundred and fifty Dollars. Now if the said Benjamin Murphey [image of page 7] shall prosicute his suit to affects without delay and return the property if adjudged against him by law, and shall save and keep harmless the said sheriff on this behalf, then this bond to be void or otherwise to remain in full force and virtue in Law. In testimony whareof we have hereunto set our hands and seals this 5th day of November 1821.
Benjamin Murphey (seal)
his
Charles Sinclear (seal)
mark
Signed & sealed in presents of Robert Patterson

Plea
Benjamin Murphey
vs.
David McElmurry
And the said David McElmurry by his attorney A.H.Sevier comes and defends the wrong and injury when &c. and says he is not guilty of the premises in the plaintiffs declaration mentioned, and of this he puts himself upon the country
A. H. Sevier
Atty: for defendant

[image of page 8]

Plea & Issue Joined
Benjamin Murphey
vs.
David McElmurry
And the said defendent comes and defends the wrong and injury when &c. and says that he did not take the horse in the plaintiffs declaration mentioned in manner and form as the plaintiff hath alledged, and of this he puts himself upon his country &c. And for further plea in this behalf the said defendant avows the taking of the said horse in the plaintiffs declaration as of his own property, having purchased the said horse at constable's sale, and this he is ready. wherefore he prays judgment of the court &c.
AHSevier for
Defendent

Issue Joined
Ashley for Plff

Plea & Issue Joined
Benjamin Murphey
vs
David McElmurry
Replevin
Circuit Court at March Term in the year of our Lord one thousand eight hundred & twenty Two
Be it remembered that on the trial of this cause, that the defendant by his attorney filed the following pleas to wit: [image of page 9] (here insert them) and offered the paper marked A to be read in evidence to the jury which the court overruled to which opinion of the Court the defendant by his counsel excepts; and prays that this may be made a part of the record of this court.
Thos. P. Eskridge (seal)

Plea &c
November Term 1821.
Benjamin Murphey
vs
David McElmurry
Replevin
This day came the defendant who filed his plea and the same is continued to next term.

Verdict
March Term 1822.
Benjamin Murphey
vs
David McElmurry
Replevin
This day came the parties by their attornies, and thereupon came a Jury (to wit) Jenkin Williams, James DeBaun, James Rogers, Thomas Grear, John Tucker, Prewit Sinclear, Abraham Sinclear, John Clark, Hew Holland, Samuel McHenry,[image of page 10] James Kelham, and William Carlile, upon their oaths do say: we the jury find the defendant did not unlawfully take the property in the plaintiffs declaration mentioned wherefore it is considered by the Court that the said defendant have and recover of the said plaintiff his horse as in the plaintiffs declaration mentioned together with his costs by him about his suit in this behalf expended, and the said plaintiff be in mercy &c.

Upon which the Plaintiff filed the following bill of exceptions To wit:=
Bill of exception
"Benjamin Murphey
vs
David McElmurry
Replevin.
In the Circuit Court in and for the County of Pulaski at March Term 1822.
Be it remembered that on the trial of the above cause the Defendant, moved the court to instruct the Jury that unless it was proved that the Defendant took the property out of the possession of the Plaintiff unlawfully & against Plaintiffs consent, the Jury must find a verdict for the Defendant which instruction was given to the Jury by the court to which instruction or opinion of the Court the said Benjamin [image of page 11] Murphey by his counsel excepts and prays this his bill of exceptions may be signed and sealed and made a part of the record. Dated March 5th 1822
Thos. P. Eskridge. (seal)

Appeal
Benjamin Murphey
vs
David McElmurry
Appeal from the decision of the circuit court prayed for by Murphey and it is granted by the court.
Whereupon Benjamin Murphey as principal and Jenkin Williams, Reuben Blunt, and Samuel McHenry as his securities, acknowledge themselves indebted to David McElmurry in the sum of one hundred Dollars upon condition that the said Benjamin Murphey pay the costs of this court, and the costs in the Superior Court, if the Judgment of this Court be affirmed.

Appeal Bond
Whereupon the principal & securities aforesaid signed, sealed, and filed, the following Bond (To wit):
"Know all men by these presents that we Benjamin Murphey, Jenkin Williams, Reuben Blunt, and Samuel McHenry are held and firmly bound unto David McElmurry in the penal sum of one hundred Dollars, for the payment of which [image of page 12] we bind ourselves, our heirs Executors, and administrators, jointly and severally, dated this Day of April 1822.
The condition of the above obligation is such that whereas the said Benjamin Murphey hath prayed, an appeal from the judgment of the Pulaski Circuit Court, now if the said Murphey shall well and truly prosecute his said appeal to final judgment then the above obligation to be void else to remain in full force and virtue
Benjamin Murphy (seal)
(seal)
(seal)
(seal)
Teste

[Image of page 13]

Clerk's fees
Original writ $1 Tax $1 $2.00
Three motions 20 each 60
Filing 4 pleas 10 ct each 40
Do Bill of exceptions 25
Issue Joined 25
one spoe 50
Swearing & entering Jury 50
Entering verdict of Do 25
Entering Judgment 25
clk's $5.00

Sheriff's fees.
Greathouse Executing writ & mileage $2.80
" " Moveing property 1.00
" " calling action 10

Armstrong [?] & entering Jury 75
" " calling action 10
" " Serving spoe & mileage 1.33
Shff= $6.08
6.08
$11.08

Attorney's fees To Declaration 3.00
" " Judgment 3.00
$17.08

[image of page 14]

Benjamin Murphey
vs
David McElmurry
Replevin
On motion of the defendants attorney, it is ordered that a Jury be Summoned to the next Term of this Court to assess the damages of the defendant for the detention of the property as in the Plaintiff's declaration mentioned, to which opinion of the Court the plaintiff by his attorney excepts and leave is given him, to file his bill of exceptions at the next Term of this Court.

Certificate
"The United States of America
Territory of Arkansas
SS.
I Thomas W. Newton Deputy Clerk of the Circuit Court for the County of Pulaski Do certify that the foregoing Thirteen pages, contain a full, true, and complete transcript of the record, and proceedings, had in the suit of Replevin wherein Benjamin Murphey is Plaintiff, and David McElmurry Defendant as the same remains in my ofiice. [image of page 15]

In testimony whereof I have hereunto set my hand, and affixed the seal of office, at Little Rock this 10th day of April in the year 1822 and of the Independence of the United States of America the 46th
T.W.Newton Dy Clk
for Saml. Anderson Clk

Fee for this transcript $2.00
" " Certificate & seal 50
$2.50
Teste T.W. Newton Dy Clk

(Stamped Seal- Pulaski C.C.)

Previous Page | Next Page