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William Russell v. Thomas Tindall
Declaration

[Image of page 1]

Costs taxed in fee book
Page 100.
$20.87
$18.87

Wm Russell
vs } Decla
T H Tindall
Capias
Covenant

Searcy atty
This is an action of Covenant Damages $800.00 the sheriff will require bail for $800.00
Searcy for plff

Filed Octr 6th 1828
attest
Daniel Ringo D C

Filed June 7th 1828.
1830
July Term Judgt.

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Territory of Arkansas
County of Pulaski
ss In the Superior Court of said Territory to October Term 1828

William Russell by Searcy his attorney complains of Thomas H Tindall of a plea of Covenant broken For that whereas the said defendant by the name & Description of T H Tindall heretofore towit on the 18th day of April in the year 1825 at the county of Pulaski aforesaid by his deed of that date in court to be produced covenanted with the said plaintiff for value received to pay or cause to be delivered to him his heirs or assigns on or before the first day of January in the year 1828 at some good cotton gin on or near the Arkansas river good first rate clean merchantable cotton of the value and amount of five hundred dollars in current money of the United States to be valued and estimated at the current cash price of such cotton at the time when and the place where such cotton should be delivered which said sum and amount was to bear an interest at the rate of ten per cent a year from and after the first day of January in the year 1828 untill paid or a discount at the same rate if paid before that time, and if said five hundred dollars and interest was not paid as aforesaid within three months after the same became due the said five hundred dollars and interest was not afterwards to be payable in cotton but in current money of the United States

Yet the said defendant although often requested hath not paid or delivered at any good gin on or near the Arkansas river good first rate clean merchantable Cotton of the value and amount of five hundred dollars nor hath he paid to said plaintiff the said sum of five hundred dollars in current money of the United States, and so the said defendant his said Covenant hath not kept but hath broken the same To the Damage [Image of page 3] of the said plaintiff of eight hundred dollars & therefore he sues &c
Searcy P Q

The clerk of the superior court will please issue an execution capias on the above Declaration and endorse the same an action of Covenant damages $800 directed to the sheriff of Lovely County
Searcy P Q

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