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Wright Daniel
vs
A. W. Mitchell
Attachment

Filed 6th Feby 1827
D.E. McKinney clk

Served this writ of attachment 16th day of February 1827 in presints of Abraham Allin on four mulls and one horse and one negro man named Murray as the property of Alexander W. Mitchell
Servis $1.00
milage 25 2.50
taking detiny bond 50
A.B.R. Thetford shff
of arkansas county

(right side)
Recd the Tax & Issuing fee on the within making Feb 6th 1827
D.E. McKinney clk

(left side)
1828 Apl abated by
plts death
Costs Taxed Fee Book
Page 54

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In the Superior Court in & for the Territory of Arkansas to April Term AD 1827

Territory of Arkansas
Pulaski County ss Wright Daniel Plaintiff in this suit complains of Alexander W Mitchell Defendant in this suit in custody &c of a plea of Trespass on case upon promises for that whereas the said Defendant to wit on the first Day of February AD 1827 to wit at the County of Pulaski & Territory of Arkansas & within the Jurisdiction of this court was indebted to the said Plaintiff in the sum of five hundred Dollars for the work labour care & diligence of the said Plaintiff by him the said plaintiff & with his team and waggon or cart & servants before that time done performed & bestowed in & about the business of the said Defendant & for the said Defendant & at his special instance & request & being so indebted he the said Defendant in consideration thereof afterwards to wit on the day and year aforesaid & at the place aforesaid, undertook & then & there faithfully promised the said Plaintiff to pay him the said sum of money when he the said Defendant should be thereunto afterwards requested

And whereas also afterwards to wit on the day & year aforesaid & at the Place aforesaid in consideration that the said Plaintiff at the like special instance & request of the said Defendant had before that time done performed & bestowed [Image of page 3] other his work & labour care & diligence in & about other business of & for the said Defendant by himself & with his team & waggon of ? & servants he the said Defendant undertook & then and there faithfully promised the said Plaintiff to pay him so much money as he therefor reasonably deserved to have of the said Defendant when he the said Defendant should be thereunto afterwards requested- And the said Plaintiff avers that he therefore reasonably deserved to have of the said Defendant the further sum of five hundred Dollars to wit at the place aforesaid whereof the said Defendant afterwards to wit on the day & year last aforesaid there had notice-

And also for that whereas the said Defendant to wit on the day & year at the place & within the Jurisdiction aforesaid was indebted to the said Plaintiff in the further sum of five hundred Dollars for a certain pair of Millstones and a large Quantity of corn to wit one thousand Bushels & a large quantity of Bacon to wit one hundred Pounds by the said plaintiff before that time sold & delivered to the said Defendant & at his special instance & request & being so indebted he the said Defendant in consideration thereof afterwards towit on the day & year aforesaid & at the place & within the Jurisdiction aforesaid undertook & then & there faithfully promised the said Plaintiff to pay him the said [Image of page 4] sum of money, when he the said Defendant should be thereunto afterwards requested.
And whereas who afterwards to wit on the day & year aforesaid & at the place aforesaid in consideration that the said Plaintiff at the like & special instance & request of the said Defendant had before that time sold & delivered a certain other pair of Mill stones & an other large quantity of Indian corn to wit one thousand Bushels an other large quantity of Bacon to wit one hundred Pounds to the said Defendant he the said Defendant undertook & then & there faithfully promised the said Plaintiff to pay him so much money as the said last mentioned Millstones, Corn, and Bacon were reasonably worth at the time of the sale & delivery thereof when he the said Defendant should be thereunto afterwards requested - & the said Plaintiff avers that the said last mentioned Millstones, Corn & Bacon were reasonably worth at the time of the sale & delivery thereof other the sum of five hundred Dollars to wit at the place aforesaid whereof the said Defendant afterwards to wit on the day & year last aforesaid, there had notice-
And also for that whereas the said Defendant towit on the day & year at the place & within the Jurisdiction [Image of page 5] aforesaid was indebted to the said Plaintiff in the further sum of five hundred Dollars for so much money by the said plaintiff before that time paid laid out & expended to & for the use of the said Defendant at his like special instance & request & being so indebted he the said Defendant in consideration thereof afterwards towit on the day & year aforesaid & at the place aforesaid undertook & then & there faithfully promised the said Plaintiff to pay him the said sum of money when he the said Defendant should be thereunto afterwards requested.

Nevertheless the said Defendant not regarding his said several promises & undertakings so by him made as aforesaid but contriving & fraudulently intending to deceive & defraud the said Plaintiff in this behalf, hath not as yet paid the said several sums of money or any part thereof or of either of them to the said Plaintiff (altho often requested so to do) But the said Defendant to pay him the same hath hitherto wholly neglected and refused & still doth neglect & refuse to the Damage of said Plaintiff of one thousand Dollars & therefore he brings suit &c
Chester Ashley Atty for Ptff

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Territory of Arkansas
Pulaski County ss: This day Wright Daniel the Plaintiff in this Attachment being duly sworn deposeth & saith that A W Mitchell the Defendant in the Declaration mentioned is justly indebted to him this Deponent in a sum exceeding the sum of fifty Dollars to wit in the sum of three hundred & fifty three Dollars & twenty five Cents & this Deponent further says that he verrily believes that the said Defendant Mitchell is not a resident of or residing within this Territory & that the ordinary process of Law cannot be served on him & that he the said Defendant Mitchell is about to remove his effects out of this Territory & further this Deponent saith not
Wright Daniel
Sworn to before me this 6th day of Feby 1827
DE McKinney clk

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On the foregoing Declaration & Affidavit the Clerk of the Superior Court will issue a Writ of Attachment to the Sheriff of the County of Arkansas to secure the amount sworn to with interest & Cost of suit returnable to the Next April Term of this Court.
Feby 6th 1827 - Chester Ashley Ptff Atty

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The United States of America to the Sheriff of Arkansas County in the Territory of Arkansas Greeting -
You are hereby commanded to attach the Defendant Alexander W Mitchell by all & singular his lands & tenements, goods, chattels, monies, credits & effects or so much thereof as shall be sufficient to secure the sum of three hundred & fifty three Dollars & twenty five Cents the amount of indebtedness sworn to by Wright Daniel the Plaintiff with interest & costs of suit in whose hands or possession soever the same may be found in your Bailiwick that the said Defendant be & appear at the Next April Term of the Superior Court in & for the Territory of Arkansas to be holden at the Town of Little Rock in the County of Pulaski on the Second Monday of April next on the first day thereof to answer unto the said Wright Daniel in an action of Trespass on the case upon promises to his Damage one thousand Dollars & you are also hereby commanded to summon all & every Person in whose hands or possession any such lands, tenements, goods chattels, monies, credits, or effects shall or may be found that he she or they be & appear on the said first Day of the next April Term of the Superior Court as aforesaid to be holden at the time & place aforesaid before the Judges thereof then & there to answer what may be objected against him & have you then there this Writ-
In testimony whereof I David E McKinney Clerk of said Count have hereto set my hand & affixed the Official Seal of Said Superior Court at Office this 6th Day of February, 1827 & of the Independence of the United States the Fifty first
D E McKinney clk
(seal)

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