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Benjamin Murphy
vs } Copy Record
Thos. H. Tindall
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Fee for this transcript
$ 1.68
Certificate & seal .50
$2.18

Teste
T.W. Newton
Dy Clerk P.C.

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The United State of America }
Arkansas Territory } ss

Pleas held before the worshipful James C. Sewell, Thomas Tennant, and James Lemon, Judges of the court of Common Pleas for the County of Pulaski on Wednesday 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 Sixth day of November in the year Eighteen hundred and Twenty One, the following declaration was filed in the Case of Benjamin Murphy agst Thomas H. Tindall. (To wit)
Territory of Arkansas } In the Court of Common
County of Pulaski } Pleas for the said County
To Nov. Term AD. 1820
Benjamin Murphy complains of Thomas H. Tindall in a plea wherefore he took the goods and chattles of Said Benjamin and the same unlawfully detaining against surities and pledges for that wherefore the Said Thomas H. Tindall on the 5th day of November in the year of our lord one thousand Eight hundred and Twenty one, at the County of Pulaski and within the jurisdiction of this [Image of page 3] County did unlawfully and against the will of the Said Benjamin take the goods and chattles of the Said Benjamin then & there towit, one Gray horse about 15 hands high & about 10 years old right eye out- and the Same detains against Surities and pledges and to the damage of the Said Benjamin one hundred and Twenty Five dollars and therefore he brings his suit
Robert Crittenden atty for Plff

(certificate or affidavit)
Territory of Arkansas }
County of Pulaski } This day Benjamin Murphy personally appeared before me Richd. Menifee Depy. Clerk for A.H. Renick clerk and being duly Sworn states on oath that he was lawfully possed of the property in the declaration mentioned and the same was unlawfully taken from his possession and without his leave within 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 possesion thereof.
Benj. Murphy

Sworn to and subscribed before me the undersigned deputy clerk of Sd Court this sixth day of November [Image of page 4] in the year 1821. Richard Menefee Dy. Clerk

Praecipe

"upon which declaration is the following praecipe (Towit), " The clerk of the Common Pleas Court for Pulaski County will issue a writ of Replevin indorsed on the foregoing declaration" Robt Crittenden atty for plff.

Writ

Territory of Arkansas }
County of Pulaski } ss. United States of America
To the Sheriff of Pulaski County- Greeting. You are hereby commanded that if the within named Benjamin Murphy shall make you secure by good pledges to replevin the property of him the Said Benjamin Murphy and put him in the possession thereof to wit one Grey horse above 15 hands high and about ten years old right eye out which he the within named Thomas H. Tindall unlawfully detains against surities and pledges and to the damage of him the Said Benjamin Murphy $125 as he saith, and that you summon the said Thomas H. Tindall if he be found within your bailiwick that he be and appear before the judges of our Court of Common pleas at a Court to be holden at the Town of Cadron on the fourth Monday of this Instant then and there to answer the Said [Image of page 5] Benjamin Murphy in the foregoing complaint where and when you will have this writ, witness A. H. Renick clerk of said Court-
(written seal) In Testimony whereof I have hereunto set my hand and affixed the Seal of Said county- at office this Sixth day of November in the Year of our lord one thousand and Eight hundred and Twenty one. Richard Menefee Dty Clk for A.H. Renick clerk

Endors

upon which the Sheriff made the following endorsement and return, Towit, Cum to hand 7th November 1821. G. Greathouse

Return

Executed on the within namd Thos. H. Tindall November 7th 1821 on Benjamin Murphy received the within namd horse= Executing $0.80 G. Greathouse, Shff

Bond in Replevin
Know all men by these presents that I Benjamin Murphy as principal and Charles Sincleare as Surity acknowledge ourselves to owe and bair unto Gabriel Greathouse the Sum of Two hundred and fifty dollars current money of the United States to levied of our several goods and chattles lands and tenements upon the following condition (viz) That whereas the said Benjamin [Image of page 6] Murphy hath Sued Out a certain writ of replevin against Thomas H. Tindall for a certain gray horse of the value of one hundred and Twenty five dollars. Now if the said Benjamin Murphy shall prosecute his suit to effect without delay and return the property if adjudged against him by law and Shall secure 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 whereof we have hereunto set our hands and seals the day of A.d
1821. Signed & Sealed in Benjamin Murphy (written seal)
in presence of
Robert Patterson

his
Charles X Sincleare (written seal)
mark

Plea

Benj. Murphy }
vs } Replevin
T.H. Tindall }
And the Said T.H. Tindall comes into court by Neil McLane his attorney & defends the wrong & injury when &c and says he is not guilty of the premises in the plffs declaration mentioned and of this he puts himself upon the Country
Neil McLane defts atty

Plea & Joinder

Benjamin Murphy
vs }
Thomas H. Tindall } and the said defendant comes and defends the wrong and injury &c says he did not take the horse in the [Image of page 7] plaintiffs declaration mentioned in manner and form as the plaintiff hath alledged and of this he puts himself upon the country- and for further plea in this behalf the Said defendant avers the taking of the said horse in the plaintiffs declaration mentioned as of his own property having purchased the said horse at Constables sale and this he is ready to verify wherefore he prays judgement of the costs &c.
Neil McLane for defendant

Issue joined
Ashley for Plff

Plea filed

November Term 1821
Benjamin Murphy
vs }
T. H. Tindall } Replevin
This day came the defendant by his attorney and filed his plea & the same is continued till next Term of this Court–

Verdict

March Term 1822
Benjamin Murphy
vs }
Thomas H. Tindall } Replevin
And now at this day came the said parties by their attornies and thereupon Came a jury, (towit), Christley Harness, Robert Carlisle, Lewis Jones, [Image of page 8] John Stanly, Joshua Smith, Daniel Norman, Nathan Arnett, Reese Price, Lemon Price, William Stanly, Green Stanley, and James Peel, who being elected tried and sworn say upon their oath, we of the jury find that the defendant did not unlawfully take the property in the plaintiffs declaration mentioned and that he does not unlawfully detain the same. Therefore it is considered by the Court that the 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.

Bill of Exceptions

Upon which the plaintiff filed the following bill of exceptions, to wit,

Benjamin Murphy
vs.
Thos H. Tindall

In the Circuit Court in & for the County of Pulaski at March Term 1822
Be it remembered that on the trial of this cause which is an action of Replevin, the defendent 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 [Image of page 9] instruction or opinion of the Court the said Benjamin Murphy, by his counsel excepts and the Court further instructed the jury that they could not find an unlawful detainer of the horse in the declaration mentioned unless they found an unlawful taking & caption that they could not separate the caption & detention to which several opinions of the Court the said Benjamin Murphy by his Counsel excepts ? that his exceptions be taken as part of the record.
Tho. P. Eskridge [Seal]

Benjamin Murphy
vs.
Thomas H. Tindall
Appeal
Appeal from the decisions of this Court prayed for, and granted to the plaintiff.

Recognizance
Whereupon Benjamin Murphy as principal and Jenkin Williams, Reuben Blunt, and Samuel McHenry as his securities acknowledge themselves indebted to Thomas H. Tindall in the sum of one hundred Dollars upon condition that the said Benjamin Murphy pay the costs of this Court, and the costs in the Superior Court if the judgment of this court be affirmed.

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whereupon the Principal and securities aforesaid signed, & sealed and filed the following bond. (To wit)
Appeal
Bond
"Know all men by these presents that Benjamin Murphy, Jenkin Williams, Reuben Blunt, and Samuel McHenry are held and firmly bound unto Thomas H. Tindall in the penal sum of one hundred dollars, for the payment of which we din 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 Murphy hath prayed on appeal from the judgement of the Pulaski Circuit Court, now if the said Murphy Shall ? And truly prosecute his said appeals to final judgment then the above obligation to be void else to remain in full force and virtue.
Teste.
[Seal]
[Seal]
[Seal]

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Clk's fees
Menafee = Original writ 1 ? 1 $2.00
Newton = Filing 2 pleas 10 each .20
Fee bills
" = Issue Joined .25
" = Filing bill of exceptions .25
" = Entering 3 Motions 20 each .60
" = Swearing & entering Jury .50
" = Taking and entering verdict of Jury .25
" = one spoe .50
? = entering Judgment .25
______
$4.80

Shff's fee's
Greathouse executing writ & mileage $2.80
Armstrong = summoning Jury .75
" Calling Action .10
" Serving Spoe & mileage 1.33
____________
4.98
_______
$9.78
Attorney's fees to Declaration 3.00
" " " Judgments 3.00
________
$15.78

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Benjamin Murphy
vs. } Replevin
Thomas H. Tindall
On motion of the defendant by this Attorney, it is ordered that a Jury be summoned at the next Term of this Court, to assess the damages of the defendant for the detention of the property in the Plaintiff's declaration mentioned to which order or opinion of the court the Plaintiff by his attorney excepts, and leave is granted to give his Bill of exceptions at the next Term of this Court.

"The United States of America
Territory of Arkansas } Ss.
I Thomas W. Newton Depy Clerk of the Circuit Court, for the County of Pulaski Do hereby certify that the foregoing Eleven pages contain a full, true, and complete transcript of the record, and proceedings had in the suit of Replevin wherein Benjamin Murphy is Plaintiff and Thomas H. Tindall Defendants as the same remains in my office.
In testimony whereof I have [Image of page 13] 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 Sam. Anderson Clk
[Seal]

For this transcript $1.68
" " Certificate & seal .50
______
$2.18

Teste
T.W. Newton
Dy Clk PC

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