Home | About | How to Search | Cases | History | Names | Places | Glossary | Subject Index | Sources | Links | Law School
   

 

William Russell, assignee of Ambrose Sevier v. George Purvis
Abstract

Russell v. Purvis is another example of the most common of case during this era–a suit on a debt resulting from the execution of a promissory note. The case began in Chicot County early in 1825 when, on March 28, George C. Purvis executed a promissory note, also called a writing obligatory, to Ambrose H. Sevier for $100. The note was to be paid twelve months from the date of its execution. On July 8, 1825, Sevier assigned the promissory note to William Russell, a wealthy land speculator and one of the founders of Little Rock, for value received of him. Apparently when Russell called upon Purvis to pay the note, Purvis refused to do so and Russell sued him on the debt.

On February 26, 1827, David E. McKinney, the clerk of the Superior Court of Arkansas Territory, received $2.00 from Chester Ashley, William Russell's attorney. This payment was for the tax and issuing fee for the writ of summons issued for Purvis. At the end of the year, on December 30, Chester Ashley submitted the declaration of suit on the debt. A writ of summons was issued by McKinney to take Purvis into custody. Sheriff W.B. Patton served the writ on Purvis on January 24, 1828, and he was taken into custody until he and Francis Roycraft entered into a bond for $200 to ensure that they would appear at the court in Oden Township in Chicot County. On April 29, 1828, the court handed down a default judgment against Purvis. He had been duly served with process, but had and failed to show up for his court date to argue his side of the case. Russell submitted his case to the court, and after hearing the evidence, the court ruled that Purvis owed $100 of the debt. Thus Russell recovered the $100 debt and $12.50 damages and costs.

Previous Case | Next Page

 

 

Home | About | How to Search | Cases | History | Names | Places | Glossary
Subject Index | Sources | Links | Law School