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1828 Apl dist at the defts Costs
Costs taxed in Fee Book page 58

20th Feby 1827
March 6

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TERRITORY OF ARKANSAS
UNITED STATES OF AMERICA,
ss.
To the Sheriff of Pulaski County Greeting:
You are hereby commanded, to summon Allan Martin and Martha Martin to appear before the Judges of our Superior Court, at the Court-house in the town of Little Rock, in the county of Pulaski, on the first day of our next April term, then and there to answer Nicholas Peay to a plea of covenant and have you then there this writ.

IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of my office, at Little Rock, this 6 day of February 1827, and of the Independence of the United States of America the [ ]
D E McKinney Clerk.
(seal)

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Territory of Arkansas
County of Pulaski
In the Superior Court of the Territory aforesaid April Term eighteen hundred and twenty seven

Nicholas Peay complains of Allen Martin Executor and Martha Martin Executrix of the last will and testament of James H Martin her late husband deceased of a plea of breach of covenant. For that where as by a certain writing obligatory sealed with the seals of the said Allan and Martha made on the second day of august in the year of our Lord eighteen hundred and twenty six at the county aforesaid between the said Allan and Martha executor and executrix as aforesaid of the one part and the said Nicholas of the other part which said writing obligatory is not here shewn to the court by reason of its having been placed in the hands of Henry Armstrong by the said defendants and the said Nicholas for the use of both parties to said writing obligatory the date whereof is the same day and year aforesaid the said Allen and Martha executor and executrix as aforesaid for and in consideration of the rents covenants promises and agreements contained in said writing obligatory they the said Allen and Martha executor and executrix as aforesaid leased and to farm let to the said Nicholas his heirs and assigns all that tenement or farm house late in the possession of James H Martin deceased [Image of page 4] with the appurtenances opposite the Town of Little Rock on the Arkansas River containing ten acres to the said tenement or farm house belonging to have and to hold the said tenement or farm house with the appurtenances to the said Peay his heirs and assigns from the first day of October next after the date of said writing obligatory for and during and to the full use and term of three years next ensuing and to be fully ended and complete yielding and praying therfor at the commencement of every year in his bond with good and responsible personal security unto the said Allen and Martha executor and executrix as aforesaid the sum of two hundred and thirty five dollars during said term and also that the said Peay would at his own proper cost and charges return the said premises at the end of said Term in as good order as when delivered to him saving only such damage as might be sustained by the act of God or unavoidable accidents and the said Allen and Martha executor and executrix as aforesaid did by said writing obligatory covenant to and with said Peay his heir and assigns that they would at their own proper costs and charges immediately the right of possession conveyed by said writing obligatory [Image of page 5] should vest build a good stable forty feet by twenty four also a smoke house twelve feet by Sixteen or allow the said Peay a reasonable price for building the same also a necessary suited to the house together with a pump at a convenient place and distance from the dwelling house it was understood that should said premises be destroyed by the act of God said Peay is not to pay rent for the part destroyed thereafter it was further agreed between the said Allan and Martha executor and executrix as aforesaid and the said Peay that at the end of said term the said Peay may remove as his own property any improvements he may have made on the premises at his own costs and charges all of which will now fully appear by refference to said writing obligatory and the said Nicholas further says that after the making of the said writing obligatory to wit on the first day of October eighteen hundred and twenty six at the county aforesaid he was ready and Willing and offered to enter into and upon the the possession of the said tenement or farm house and was ready with the appurtenances and to hold the same according to said agreement and upon and under the terms of the said agreement and was ready and willing and offered to pay in his bond with good and responsible personal security [Image of page 6] to the said Allan and Martha executor and executrix as aforesaid the sum of two hundred and thirty five dollars and was ready and willing to do and perform every thing and all things on his part contained in said writing obligatory to be done performed and fullfilled according to the meaning thereof and then and there required the said Allan and Martha executor and executrix as aforesaid to give possession of the said premises to the said Nicholas to permit him to enter into the possession thereof and to hold the same according to the effect of said writing obligatory and the said Nicholas avers that the said Allan and Martha executor and executrix as aforesaid did not when so required as aforesaid or at any other time give possession of said premises or any part thereof to the said Nicholas or permit or suffer the said Nicholas to enter into possession of the same or any part thereof but then and there and always from thence he thereto hath wholly retained and kept and still doth retain and keep the said Nicholas out of and from the same and hath hitherto wholly prevented the said Nicholas from entering into the possession thereof or any part thereof although he was requested so to do by the said Nicholsa to wit on the first day of October eighteen hundred and twenty six and often afterwards at the county aforesaid contrary to the [image of page 7] meaning and intent of said writing obligatory by the said Allan and Martha so made in that behalf by them as aforesaid to wit at the county aforesaid and the said Nicholas in fact saith that the said Allen and Martha executor and executrix as aforesaid although often requested so to do have not kept their covenant so made by them as aforesaid but have broken the same and to keep the same with the said Nicholas have hitherto wholly neglected and refused and still do neglect and refuse to the damage of said Nicholas five thousand dollars therefore he brings suit
Wm H Parrott
Pltff atty

The Clerk of the Superior Court will please issue a summons on the foregoing declaration and endorse this an action of covenant
Wm H Parrott
plff atty

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Territory of Arkansas
County of Pulaski
Executed the within writ and declaration By Reading the same to Martha Martin February the 20 and Allen Martin March the 6th 1827 Big Rock Township
Service $ 120
Cr milage 4 miles 20
$140
S.M. Rutherford Shff P Co

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