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Filed 12th Oct 1824
D E McKinney
clk

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No 1
Territory of Arkansas Arkansas County Circuit Court of Term of May in the Year of our Lord one thousand eight hundred and twenty four
Arkansas County
Ss

James Demoss complains of William Montgomery of a plea of Trespass on the Case &c that for whereas the said plaintiff heretofore to Wit, on the twenty Sixth day of december in the Year of our lord one thousand Eight hundred and twenty three was lawfully possessed, as of his own property of certain goods and chattles to Wit, four horses, one swingle tree, three axes, two Barshear ploughs, one log chain one cart two Yokes of Steers, one Iron pot, two bake ovens, one common tin, one pot trammel and one Collar hames & traces of great Value to wit, of the Value of Four hundred dollars and being so possessed thereof, he the said plaintiff afterwards to wit on the day & year first above mentioned at the County aforesaid, Casually lost the said goods and chattels aforesaid out of his possession; and the same afterwards, to wit, on the day and year and at the pleace last aforesaid came to the possession of the said defendant by finding. Yet the said defendant well knowing the said goods and chattles to be the property of the said plaintiff and of right to belong and appertain to him, but contriving and fraudulently intending craftely and subtitely to deceive and defraud the said plaintiff in this behalf hath not as yet delivered the said goods & chattels to the said plaintiff or any or either of them or any part thereof altho. often requested, so to do, and hath hitherto wholly refused, so to do, and afterwards to wit, on the day and Year and at the place aforesaid converted and [Image of page 3] disposed of the said goods and chattels to his own use To the Damage of the said plaintiff five hundred dollars, and therefore he brings his Suit &c
Wm Pugh Jr. attoy
for plff

(Endorsements on the back)
Arkansas County Circuit Court of the term of May 1824
James Demoss
vs
Wm Montgomery
Declaration in Trespass on the case &c in Trover of goods & chattels 400
Dams 500

This is an action of Trover the Clerk will Issue a Summons in the Case returnable to May term 1824
Wm Pugh Jr atty

Summons case no bail required Eli J Lewis Clk

Declaration filed 16 Feby 1824 Eli J Lewis Clk

No. 2
Territory of Arkansas
County of Arkansas } ss
United States of America
to the Sheriff of the County
aforesaid "Greeting"
WE Command You that You summon William Montgomery if he may be found within your county to appear before the Judge of our Circuit Court at a Court to be holden at the Town of Arkansas in and for the County aforesaid on the first Monday in May next (being the third day of Said month) then and there to answer [Image of page 4] the within named James Demoss in a plea of Trespass on the case &c and to his damage five hundred dollars and have You then there this writ

Witness Eli J Lewis Clerk of our said Circuit Court at office and under my hand & Seal official this 16th day of February 1824 and of the Independence of the United States the 48th
Eli J Lewis Clk

(Seal)

(Endorsed on the back Viz)
Served the within writ by reading it and the within declaration to the within Wm Montgomery at the Township of Mississippi on the 10th day of March 1824
Sheriffs fees-
Serving writ -80
Milage 80 Circular miles @ 5-400
$4 80
James Hamilton Sheriff
By James R Albrook Depty

(from the Record of the Circuit Court Arkansas County)
Wednesday Morning 6th May 1824 Court met pursuant to adjournment present the Honorable Thomas P Eskridge Judge
James Demoss
vs } Trover
William Montgomery
plea filed & continued

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No 3,
Know all men by these presents that we James Demoss and Robt McKay are held and firmly bound unto William Montgomery and the officers of the Circuit Court for the County of Arkansas in the penal sum of one hundred dollars to be paid to the said Wm Montgomery and the officers aforesaid to which payment well and truly to be made, We bind ourselves, our heirs, executors, Administrators and assigns firmly by these presents, sealed with our Seals, dated the 4th day of May 1824
The Condition of the above obligation is such that whereas the said James Demoss commenced an action of Trover against the said William Montgomery in the Circuit Court aforesaid the writ made returnable to may term 1824. Now if the said James Demoss shall well and truly prosecute the said suit to final Judgement & Execution against the said Montgomery & costs Suit thereby be made of said Montgomery or in Case Judgment be rendered against the said Demoss in said Suit and he Shall well and truly pay all the Costs that may have accrued then this obligation to be void, otherwise to remain force virtue and effect
James Demoss (seal)
Robt McKay (seal)
filed 6 September 1824 Eli J Lewis Clk

No. 4
William Montgomery
ads } Trover
James Demoss

and the said Montgomery by his attorney Ambrose H Sevier and defends the wrong & injury when &c for plea Saith he is not guilty in manner & form as the said Demoss hath thereof above complained, against him and of this he the said Montgomery [Image of page 6] No 5 puts himself upon the Country &c
A H Sevier P.Q.

Joinder in Issue
Wm Pugh atty for plff

Filed Septr 7th 1824 Eli J Lewis clk

No 5
Arkansas Territory County of Arkansas Sct

The United States of America to the Sheriff of Said County. Greeting. WE Command you to Summon Cornelius B. Bennett to be and appear before the Judge of the Circuit Court of Arkansas County on the second day of their next term, to be holden at the Town of Arkansas on the first Monday in the month of September 1824 to testify and the truth to Speak in behalf of James Demoss in a Certain matter of Controversy now pending and undetermined before the said Court, wherein James Demoss is plaintiff and William Montgomery is defendant and this he shall no wise omit under the penalty of what the law directs and have you then there this writ

Witness Eli J Lewis Clerk of the said Court Given under my hand & Seal of Office at Arkansas this 9th day of August in the Year of our lord one thousand eight hundred and 24 and of the Independence of the United States the 49th
Eli J Lewis clk

(Seal)

(Endorsement on the back)
Executed at the post of Arkansas by reading the within to said Cornl. B Bennett
T Farrelly Sheriff
Service 33

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No 6,

(from the record of the Circuit Court Arkansas County)
Tuesday morning 7th September 1824 Court met pursuant to adjournment present as before the honorable Thomas P Eskridge Judge
James Demoss
vs } Trover
William Montgomery

And now on this day came the parties by their attornies and a Jury Came to Wit, John Stillwell John Wilkinson, James Boswell John Clark David Dollison, John Morison Wm Currin Harold Stillwell Jacob Barkman, Joseph Jacob Francis Duvall and James Parry and the plaintiff having not sustained his action was on motion of the defendants attorney nonsuited and the Jury discharged, therefore it was Considered by the Court that William Montgomery defendant have and recover of James Demoss plaintiff his costs in and about his defence in this behalf expended &c and that a Sci fa Issue against Security filed for Costs. Bill of exceptions filed and ordered to be made part of the record

No 6
In the Circuit Court for the County of Arkansas of the term of September 1824
James Demoss
vs
William Montogmery
This was an action of Trover which plaintiff had brought against defendant for Sundry goods & chattels which plaintiff had delivered to defendant and taken his receipt for the same, the plaintiff proved the delivery of the goods & their value and that after [Image of page 8] the time which the goods ought to have been redelivered to plaintiff & before the Commencement of this action made a demand on David Miller agent for the defendant for the goods & the agent refused to deliver the Court decided that a demand upon the agent at the dwelling of the principal was not a Sufficient demand and refusal, to entitle plaintiff to recover, To which opinion of the Court, the plaintiff by his Counsel prayed leave to except, and that the Court would Sign & Seal this his Bill of Exeption, according to the form of the statute in Such cases made and provided, and which is accordingly done this 7th day of September 1824.
Thos P Eskridge (seal)

No 7
James Demoss
vs } Trover
William Montgomery

Be it remembered that on this day in the above case after the plaintiff had closed his Testimony the defendant by his attorney moved for Judgment as in case of a nonsuit for the following reasons first because there was no Evidence of an actual conversion of the property and Secondly because there had been no demand of the property of William Montgomery. It also appeared that of David Miller a demand was made, who upon his oath said he was not the agent of William Montgomery: as to the agency of David Miller the Court refused to decide being a question alone for the Jury, But further said that as there was no Evidence of an actual Conversion and no evidence of a demand having been made of Montgomery the defendant they granted the Judgment of nonsuit to which opinion of the Court the plaintiff by his attorney begs leave to except and prays that that this his bill of exceptions may be Signed sealed [Image of page 9] and delivered and made a part of the record of this Court
The Court refused to Sign the above and was therefore done by the following persons
T Dickinson
A H Sevier
W. B. R. Horner

Territory of Arkansas
County of Arkansas
Judicial District
I Eli J Lewis Clerk of the Circuit Court for County aforesaid do hereby Certify that the foregoing Eight pages is a true perfect and entire Copy of the Record and all the papers in my office on file in a Suit of Trover wherein James Demoss was plaintiff and William Montgomery defendant

In Testimony whereof I have hereunto set my hand and Seal of office at arkansas this 4th day of October 1824 and of the Independence of the United States the 49th
Eli J Lewis Clk

(Stamped Seal)

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