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In the Superior Court
Arks Territory
October Term
1827

Samuel Lemons
vs
Silas T.Toncray

This is an action of assumpsit damage two hundred dollars no bail required

1828 Apl Contd
1828 October term cont at deft costs

Judgt for $ 28.75
$28.75
Judgt $28.75
Costs taxed in fee Book page 88

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Served the within summons by reading the same to Silas T Toncry at his dwelling in Arkansas Territory in Pulaski Conway County Willbern Township this the 28th of August AD 1827 James Kelleam sheriff of Conway County
service 80

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Came to hand this the 28th of August a.d. 1827
James Kelleam Sheriff
of Conway County

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

Samuel Lemons complains of Silas T Toncray of a plea of Trespass on the case For that whereas the said Toncray on the first day of January in the year of our Lord eighteen hundred and twenty seven at the county of Pulaski aforesaid was indebted to the said Lemmons in the sum of one hundred and fifty dollars lawful money of the United States for certain plank and scantling before that time sold and delivered to the said Toncray and at his special instance and request and being so indebted he the said Toncray in consideration thereof afterwards to wit on the same day and year aforesaid at the county of Pulaski aforesaid undertook and faithfully promised the said Lemons to pay him the said last mentioned sum of money when he the said Toncray should be thereto afterwards requested and whereas afterwards to wit on the same day and year aforesaid at at the county of Pulaski aforesaid in consideration that the said Lemons [Image of page 4] at the like special instance and request of the said Toncray had before that time sold and delivered to the said Toncray divers other plank and scantling he the said Toncray then and there undertook and faithfully promised the said Lemons to pay him so much money as he therefore reasonably deserved to have for the same when he the said Toncray should be thereto afterwards requested and the said Lemons avers that the therefore reasonably deserved to have of the said Toncray for the same other hundred and fifty dollars of like lawful money of the United States to wit at the county of Pulaski aforesaid where of the said Toncray afterwards to wit on the same day and year aforesaid there had notice and whereas the said Toncray afterwards to wit on the same day and year aforesaid at the county of Pulaski aforesaid accounted together with the said Toncray of and concerning divers other sums of money before that time due and owing from the said Toncray to the said Lemons and then being in arrear and unpaid and upon that account he the said Toncray was then and there found in arrear to the said Lemons in another large sum of money to wit the sum of one hundred and fifty dollars like [Image of page 5] lawful money of the United States and being so found in arrear he the said Toncray in consideration thereof afterwards to wit on the same day and year aforesaid at the county aforesaid undertook and faithfully promised the said Lemons to pay him the said last mentioned sum of money when he the said Toncray should be there to afterwards requested yet the said Toncray not regarding his said moral promises and under takings so by him made in this behalf as aforesaid but contriving and fraudulently intending to deceive and defraud the said Lemons in the behalf hath not as yet paid the said several sums of money or any part thereof to the said Lemons although so to do he the said Toncray was often afterwards requested to wit at the county aforesaid but he to do this hath hitherto wholly refused and still doth refuses so to do to the damage of the said Lemons three two hundred dollars therefore he brings his suit &c

Wm H Parrott
Pro Quaerente
The Clerk of the Superior Court will issue a summons on the foregoing and indorse an action of assumpsit damage two hundred dollars

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