On February 21, 1823, attorneys William Trimble and Ambrose Sevier filed a lawsuit for their client, wealthy St. Louis land speculator William Russell. Russell was suing Simeon English as the administrator of the estate of John English, who had died without a will. Russell alleged that John English had given him a promissory note for $583.33 1/3 and had failed to pay it. Thus he was suing English's estate. Additional facts stated by the Superior Court in its opinion issued on Oct. 21, 1825, are that Russell had agreed to convey 325 acres to English for the price of $5 per acre. In 1821, English made a down payment and executed two promissory notes to English for the remainder payable in 1822. Russell promised to convey a general warranty deed as soon as the purchase price was paid. Russell sued when the first note came due and no payment was made. The land in question was situated on the north bank of the Arkansas River, about five or six miles below Little Rock bounded on the south by public lands, and on the west by land of Robert Jones. This land was the western part of the tract of 640 acres originally owned by Louis Bartholemew.

David McKinney, Clerk of the Court, issued a subpoena for Simeon English. It was served by A.F. Worthen, Sheriff of Hempstead County, on English in Ozan Township. At the April Term of the Superior Court, attorney Chester Ashley, representing Simeon English, "craved oyer" of the note, in other words, asked that it be read aloud in court. The record book indicates that the plaintiff did not grant oyer. The case was continued until the August Term. Two days later, on April 28, Ashley filed a demurrer, arguing that there was a variance between the writing read on oyer and the writing alleged in the declaration. [It is odd that the record book states that oyer was not granted, yet the demurrer states that it was. Perhaps the record book is incorrect.] Ashley also argued that the declaration was "uncertain informal & insufficient."

At the August Term, the demurrer was presented. Ashley also argued that the estate was insolvent. The case was continued.

At the December Term and the following April 1824 Term, the case was continued. At some point during this time, Russell by his attorneys demurred to Ashley's plea. In October 1824, the court issued an opinion, sustaining Russell's demurrer and ordering that Russell recover on the amount of the note from English. The court stated that English's plea was insufficient because it stated that the estate could not pay the "whole" of the debt--but that did not mean that part of it could not be paid. However, on the last day of term, the court issued an injunction to delay the proceedings of a judgment. The opinion of the court is interesting because the heading contains the names of persons not involved in this case--"Peatt [Pyeatt] and wife, and William O'Hara--as though the court had issued exactly the same opinion in another case and was reusing the wording.

At the April 1825 Term, the record book states that the court set the case for trial at the October Term. At the October Term, after trial in chancery (with no jury) on Oct. 21 the court issued an opinion, setting out the facts. By now, English had proposed that the land be sold. The court stated that "we have no doubt that Russell has a lien upon the land for the payment of the debt due to him he has now parted with the legal title." The court ordered the sale of the land at public auction. Joseph Henderson was appointed commissioner to make the sale. After the sale, Henderson was directed to hand over the amount of the two notes to Russell, along with interest at the rate of ten percent per year till paid. Russell in turn would make out a general warranty deed to the purchaser.

On April 21, 1826, the court made its final decree in the case. On that day Judges Benjamin Johnson and Andrew Scott were presiding. The land had been sold to Russell at the sale. The court cancelled the original purchase between Russell and English, and also the two promissory notes. The court ordered that $324 with interest from Dec. 13, 1825, be paid to Russell, but that English reimburse Russell for his costs.

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