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[Image of page 1]
Edmund Hogan
vs
Wm E Woodruff
administrator of Nathaniel Philbrook
This is an action of assumpsit damage eight hundred dollars
(Right)
Territory of Arkansas
County of Pulaski
Executed the within writ & Declaration on William E Woodruff administrator
of the Estate of N. Philbrook decd. By Reading the same to him March 19th
1827. Big Rock Township
Service 80 cts
S.M. Rutherford
shff P Co
Executed march 19th
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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
Edmund Hogan complains of William Woodruff administrator of [all] and
singular the goods and chattels rights and credits of Nathaniel Philbrook
deceased at the time of his death who died intestate of a plea of Trespass
on the case for [that] whereas one James Ball on the sixth day of November
in the year of our Lord eighteen hundred and twenty three to wit at Little
Rock in the county aforesaid made his certain writing obligatory sealed
with his seal and here to the court shewn the date whereof is the same
day and year aforesaid and thereby promised to pay Nathaniel Philbrook
or order four hundred and ninety dollars in land in the Territory aforesaid
or in other good property if paid in land the land to be conveyed within
six months from the date of said writing obligatory or property to be
paid within that time and the said Nathaniel Philbrook to whom or whose
order the payment of the said Sum of money was to be made afterward [Image
of page 3] to wit on the sixth day of February in the year of our
Lord eighteen hundred and twenty four to wit at Little Rock aforesaid
indorsed assigned said writing obligatory his proper hand writing
being thereto subscribed and by that assignment indorsement he
the said Nathaniel appointed the contents of said writing obligatory to
be paid to the said Edmund and then and there delivered said writing obligatory
to the said Edmund By means whereof the said Nathaniel he the said Nathaniel
became liable to pay the said Edmund the said Sum of money contained and
said writing obligatory accordily to the tenor and effect of said writing
obligatory and the assignment so made thereon as aforesaid yet the said
Nathaniel in his life time and the said William E administrator as aforesaid
after the death of the said Nathaniel not regarding his promises and undertakings
so made as aforesaid but contriving to deceive and defraud the said William
in this behalf have not nor hath either of them as yet paid the said sum
of money although often requested so to do but to pay the same or any
part thereof the said Nathaniel in his lifetime wholly refused and the
William E [Image of page 4] administrator as
aforesaid hath ever since the death of the said Nathaniel hath hitherto
wholly refused and still refuses to the damage of the said Edmund eight
hundred dollars therefore he bring suit &c.
Wm H. Parrott
Plff atty
The clerk will issue a summons on the within and indorse it as action
of assumpsit damage eight hundred dollars
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