Wm Robinson
vs
James Bryan
Copy Jud &c
Filed Apr 28th 1828
Attest
D Ringo depy clk
for DE McKinney clk

Sued Aug 28th 1827
in Sup Court

1058.47 ½
100
-958.47 ½
57.50 82
7
402.55 74
?

[Image of page 2]
Territory of Arkansas
County of Hempstead
Sct.
Pleas before the honourable the Judge of the Hempstead Circuit Court at the house of John English in said County on Tuesday the 19th day of March in the Year of our Lord 1822. between
William Robinson - Plaintiff
versus
James Bryan - Defendant

Be it remembered that heretofore towit on the 15th day of May 1820. the Plaintiff filed with the Clerk of said Court his certain declaration against the defendant in the following words and figures to wit.

Territory of Arkansas
County of Hempstead
William Robinson
vs
James Bryan
In the second Judicial District of August Term in the year of our Lord one thousand eight hundred and Twenty
William Robinson by Roane and Dickinson his attorney complains of James Bryan of a plea of trespass on the case. For that whereas the said Bryan on the eleventh day of April in the Year of our Lord one thousand eight hundred and nineteen at Natchitoches in the State of Louisiana Towit at Mount Prairie in the Territory of Arkansas and within the Jurisdiction of this Court made his certain instrument in writing called a Receipt with the proper hand writing of the said Bryan thereto subscribed, hearing date the same day and Year aforesaid and the same Receipt to the said Robinson delivered. By which said Receipt the said Bryan undertook and faithfully promised the said Robinson that he would freight Forty two Barrels of flour to Long prairie, Delleware Village and Mound Prairie and dispose of the same to the best [Image of page 3] advantage for him the said Robinson, and altho the said Robinson on the first day of June in the Year aforesaid at long Prairie Delleware Vilage and Mound prairie aforesaid, requested the said Bryan to deliver to him the said Robinson the said Forty two Barrels of flour. Yet the said James Bryan not regarding his said promise and undertaking aforesaid in form aforesaid made, but contriving and fraudulently intending to deceive and defraud the said Robinson in this behalf hath not delivered the said Forty two Barrels of flour or any part thereof, but to deliver the same hath hitherto wholly refused and still doth refuse. And whereas also the said Bryan on the same day and Year first above mentioned at Natchitoches to wit at Mound Prairie aforesaid, within the Jurisdiction of this Court in Consideration that the said Robinson would well and truly pay him a reasonable reward therefor, undertook and then and there faithfully promised the said Robinson to freight for him the said Robinson, to Long prairie Delaware Village and Mound prairie in the County of Hempstead aforesaid Forty two other Barrels of flour. Yet the said Bryan not regarding his promises aforesaid in form aforesaid made hath not freighted or delivered to him the said Robinson at Long prairie Delaware Village, or at Mount prairie aforesaid the said Forty two Barrels of Flour or any part thereof. But to deliver the same or any part thereof hath hitherto wholly refused and still doth refuse, and the said Robinson in fact saith that he therefor reasonably deserved to have of the said Bryan the sum of nine hundred dollars, to wit at Mound Prairie aforesaid of which the said Bryan then and there had notice. And whereas also the said [Image of page 4] Bryan afterwards to wit on the first day of June in the Year aforesaid at Mound prairie aforesaid was indebted to the said Robinson in the further Sum of Nine hundred dollars for divers goods wares and merchandizes by him the said Robinson to the said Bryan before then sold and delivered and also in the further sum of nine hundred dollars for so much money paid, laid out and expended by him the said Robinson to and for the use of the said Bryan. And being so indebted he the said Bryan in Consideration thereof afterwards towit on the same day and year aforesaid at Mound Prairie aforesaid undertook & faithfully promised to pay him the said Sum of money when thereunto required & the said Robinson in fact saith, that he therefore reasonable deserved to have of the said Bryan the further sum of One thousand dollars to wit at Mound prairie aforesaid towit at the place aforesaid whereof the said Bryan then and there had notice. Nevertheless the said Bryan, his Several promises and assumptions aforesaid not regarding, but contriving & intending to deceive & defraud the said Robinson in this behalf hath not paid the said several sums of money or any part thereof But to pay the same altho often requested hath hitherto wholly refused and still doth refuse to the damage of the said William Robinson of one thousand dollars and therefore he brings Suit &c
Roane & Dickinson

The following is the only portion of the affidavit taken herein that is of record or on file in this office to wit. Justly indebted to him the said William as he verily believes in the sum of Eight hundred and Forty dollars and the said William further says that the said James [Image of page 5] Bryan is not as he verily believes a resident of this Territory and that the ordinary process of Law cannot be served on him

Sworn before me Jas M. Stuart
Clerk of said Court at Office
this 15th day of May 1820
William Robinson
J.M. Stuart clk

The clerk of the Circuit Court of the County of Hempstead will issue an attachment on the foregoing declaration and affidavit and endorse the same an action on the case
dams $1000
Roane & Dickinson plffs attys

Territory of Arkansas
County of Hempstead
SS
The United States of America to the Sheriff of said County Greeting whereas William Robinson the plaintiff in the foregoing Declaration hath made oath that James Bryan the above defendant was not a resident within this Territory and that the ordinary process of Law cannot be served upon him You are therefore Commanded to attach James Bryan by all and singular his lands and tenements goods chattels, moneys credits and effects or so much thereof as shall be sufficient to secure the said William Robinson his debt interest and costs of suit in whose hands soever the same may be found in Your bailiwick that he the said James Bryan be and appear at the next Term of our Circuit Court before the Judge thereof on the first day of said Term at a Court to be holden on the fourth Monday of August next at the house of John English to answer the demand of William Robinson and have You then -
The residue of sd writ is not of record or on file in said office -

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Sheriffs return on the foregoing writ to wit
Summoned Squire Griggs as a garnishee June 6th 1820. Summoned Stephen Vaughn as Garnishee June 14th 1820. Levy on improvement in the presence of John Scallows & Thomas T. Drew. June 14th 1820 Missouri Township. Levied on a New Madrid location on Red River. On which location the Town of Fulton is laid off in the presence of Robert Musick & John Wison

Service 1st levy $1.00 2 -50
do 3 - 50
do 4. 50
2.50
circular mileage 225 miles} $10.00
$13.50
J. Pate D.S.

The following endorsement is on the writ To wit This is an action on the case founded on a receipt Damage $1000 attach
J.M. Stuart clk

and afterwards to wit at a Court continued & held as aforesaid at the house of John English on the [ ] day of August 1820. The plaintiff appeared by his attorney Sam C. Roane and it appearing to the Satisfaction of the Court that the writ in this case had been executed by levying on Sundry property of the defendant and the defendant not appearing and filing Special bail in this case as required by law. It is therefore ordered by the Court that publication be made in the Arkansas Gazette for the Term of four weeks successively between this and the next term of this Court of the nature and amount of the plaintiffs demand and notifying the defendant that an attachment has been issued against his estate and that unless he shall appear on or before the third day of the next term of this Court and file special bail to the aforesaid action Judgment will be entered [Image of page 7] against him and his estate sold to satisfy the same. And afterwards to wit at a Court of Common pleas continued and held as aforesaid on the 13th day of December 1820. The Court not being sufficiently advised on this case took time to consider and afterwards towit at the same court continued and held as aforesaid on the 14th day of December 1820. On motion of Defendants attorney ordered that this cause be continued until the next term of this Court.

and afterwards to wit at a Court of Common pleas continued and held as aforesaid on the 12th day of March 1821 and now at this day came the plaintiff by his attorney and it appearing to the satisfaction of the Court that publication had been made in the Arkansas Gazette agreeable to an order of this Court and the said James Bryan being Solemnly called came not but made default. Therefore it is considered by the Court that the said William Robinson have and recover of and from the said James Bryan his damages by him sustained in the premises, but because it is unknown what damages the plaintiff hath sustained it is ordered that the Sheriff empannel a jury to enquire what damages the plaintiff William Robinson hath sustained whereupon came as follows Towit John Clark Christian G. Weasner Hiram Smith Charles Moore William Berry William Whiteside James Johnston, John Berry William Grayson William McDonald Martin Randle Mored & Brooks Hodminal Twelve good and lawful men duly elected tried and sworn well and truly to enquire of the damages between the parties aforesaid upon their oaths do say they find for the plaintiff and assess his damages to the sum of one thousand one hundred and sixty dollars and twenty five cents. and the said William Robinson by his attorney appears and releases the sum of one hundred and sixty dollars and twenty five cents of the damages aforesaid. Therefore it is considered [Image of page 8] by the said Court that the said William Robison have and recover of the said James Bryan the sum of One thousand dollars the damages by him sustained. together with his costs by him about his suit in this behalf expended &c and the said James Bryan in mercy &c
and afterwards to wit at a Court of Common pleas continued & held as aforesaid on the 11th day of July 1821 said John Williams as Garnishee in said Cause having personally appeared and acknowledged & Confessed that thirty five dollars are due from him the said Williams as garnishee to the said Bryan as defendant. Therefore it is considered by the said Court that the said William Robinson have and recover of the said John Williams the sum of Thirty five dollars payable in beef when called for or demanded in this cause by the Sheriff of said County. and if the sum of Thirty five dollars as mentioned as as aforesaid is not paid, then to be levied of the respective goods and chattels lands and tenements of the said John Williams - and the said John Williams in Mercy &c. and afterwards to wit at the same Court continued and held as aforesaid on the 13th day of July 1821. This day the plaintiff appeared by his attorneys Roane & Dickinson and it appearing to the satisfaction of the Court that the writ of attachment in this case had been executed by levying on sundry property of the defendant and the defendant not appearing and filing special bail in this case as required by Law. It is therefore ordered by the Court that publication be made in the Arkansas Gazette for the Term of four weeks successively between this and the next Term of this Court of the nature amount of the plaintiffs demand and notifying the defendant that an attachment has been issued against his estate and unless he appear on or before the third day of the next term of this Court and file special bail to the aforesaid action Judgment will be [Image of page 9] Continued and held as aforesaid on the [ ] day of December 1821. Squire Grigg is hereby discharged as garnishee. On motion of plaintiffs attorney and afterwards to wit at a Court continued and held as aforesaid on the [ ] day of March 1822. dismissed by order of the plaintiff it is therefore considered by the Court that the defendant have and recover of the plaintiff. which accrued in this case and leave is given to the plaintiff to withdraw his papers filed. – and afterwards to wit at the same Court continued and held as afore-said on the 19th day of March 1822. on motion of said plaintiff by his attorney it is ordered that this suit be dismissed. and that the defendant have and recover of the said plaintiff all the costs in and about this suit expended leave given to withdraw his receipt

copy of the second execution issued
Territory of Arkansas
County of Hempstead
The United States of America
To the Sheriff of the county of Hempstead
Greeting.
Whereas William Robinson at court of common pleas before our Judges hath recovered against James Bryan the sum of one thousand dollars in damages, and also the sum of sixty one Dollars & forty seven cents which to the said William Robinson were adjudged for his costs in that suit expended as appears to us of record. These are therefore to command you that of the goods & chattels lands & tenements of the said James Bryan you cause to be made the aforesaid debts and costs and that you have the same before the Judge of our circuit court on the 3rd [Image of page 10] Monday of July next to render unto the said William Robinson the debts and costs aforesaid And for want of sufficient goods and chattels lands and tenements whareon to levy and make the same we command you to take the said James Bryan if he be found in your bailiwick and him safely keep so that you may have his boddy before the same Judge on the said third Monday of July to sattisfy the said William Roberson of the aforesaid debt and costs. And that you certify to our Judge how you execute this writ and have you then there this writ. Witness James M. Stuart clerk of our said court at office this 15th day of April in the year of our lord one thousand eight hundred and twenty two and of the Independence of the United States the 46th
(seal)
James M. Stuart clerk

Endorsement made by the clerk
William Robinson
vs }Execution
James Bryan

Judgment . . . . $1000
Sherifs fees. . . .14.35
clerks . . . . 11.12 ½
Attorney. . . . .6. –
Jurys fees. . . . 3. –
Printers do . . . .5 –
Witnesses. . . . .22. –
1061.47 ½
credited by 100
$961.47 ½

[Image of page 11]
Endorsement & return made by the Sheriff
came to hand 25th April 1822
Josh Morrison Dept Sh

Levying execution in Roane . . . . $1.–
1821 April Monroe, Little Missouri & Saline

15 Townships at the different dates
stated below

Levyed on property Delaware village
mileage circular on the same
60 miles at 5 cts per mil}. . . 3.–

May 120 ? Levyed on an improvement at or near
the mount. 25 mile circular 5 cts per m} . . . 1.25

May 22 Levying on the claim of James Bryan
to the town of Theton mileage on the
same 60 miles 5 cts per m}. . . 3.00

June 16 Levying on an improvement at Little Missouri
mileage circular 50 miles at 5 cts per m} . . . 2.50

June 25th Levying on goods at Roane Township mileage
circular 120 miles at 5 cts per m} . . . 6.00

May 25th Leying on beef cattle in Monroe Township
55 miles at 5 cts per mile}. . . 2.75

19.50

5 per cent on $100.06 1/4 cents the money
credited on the original execution}. . . 5.00

1822 5 per cent on $160.75 cents the money
made on the alias execution. . . 8.03 3/4

$32.53 3/4

April 28th Levying on property at Little Missouri Township . . . 1.00
Mileage circular 50 miles at 5 cts per m. . . . 2.50
$36.03 3/4

Writ of sheriffs fees endorsed on execution. . . . 14.35
50.38 3/4
To costs endorsed on execution. . . . 25.12 ½
$75.51 1/4

Josh Morrison
D Shff H county

[Image of page 12]
copy of the receipt now on file

Nathciloches April 11th 1819
Rec'd of William Robinson forty two barrels flour to freight to Long Prairie Delleware vilage and Mound Prairie, and to dispose of the same to the best advantage for said Roberson
J. Bryan

endorsement on the receipt
Filed May 17th 1820
J.M. Stuart clk

Hempstead County
Arkansas Territory
ss

I Allen. M. Oakley clerk of the Hempstead circuit court, do hereby certify that the foregoing sheets on eleven pages contains all the proceedings had in a certain case in the Hempstead circuit court, wharein William Robinson was plaintiff & James Bryan defendant, as appears from the papers & records of my office.

In testimony whareof I have hereunto set my hand & seal of office in the town of Washington this 17th day of June 1827. and of the independence of the united States the 51st.
Allen. M. Oakley
clerk

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Copy of the first execution issued.
Territory of Arkansas
County of Hempstead
ss
The United States of America
to the Sheriff of the County of Hempstead. Greeting.
Whereas William Robinson at our March court of common pleas before our Judge hath recovered against James Bryan the sum of one thousand dollars in damages, and also the sum of seventy four dollars forty seven and one half cents which to the said William Roberson were adjudged for his cost in that suit expended as appears to me of record These we therefore to command you that of the goods and chattels, lands and tenements of the said James Bryan you cause to be made the aforesaid damages and costs, and that you have the same before the Judge of our said court on the second Monday of July next to render to the said William Robinsion the damages and costs aforesaid. And for want of sufficient goods and chattels lands and tenements whereon to levy and make the same we command you to take the said James Bryan if he be found in your bailiwick & him safely keep so that you may have his boddy before the same Judge on the said second Monday of July to sattisfy the said William Robinson of the aforesaid damages and costs. [Image of page 14] and that you certify to our said Judge how you execute this writ. Witness James M. Stuart clerk of our said court given under my hand & private seal there being no public seal yet provided at office this 21st day of March in the year of our lord one thousand eight hundred & twenty one, and of the Independance of the United States the 45th.
(seal)
Jas M. Stuart. clerk

Endorsements on the foregoing execution
William Robinson
vs }Execution
James Bryan

Judgment. . . . $1000
sheriffs fees — 14.35
clerks fees — 10.12 ½
Attorneys fee — 6.–
Jury's fee — 3.–
Witnesses attendance – 20 –
Printer. . . . 5 –
$1058.47 ½
Jas M. Stuart clerk

Received on the within
Execution one hundred
dollars 6 1/4 cents
A.T. Walker
Shiff. H. county

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