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Costs taxed in fee book
Page ?
$2408.

Wm Russell
vs } Declar
T H Tindall
Capias
Covenant
Dams $800

Searcy atto
1828 Apl. als. & contd
1828 Octr term pleads & contd
1830 July Term Judgt

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Territory of Arkansas
County of Pulaski
In the Superior Court of said Territory of the Term of April 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 and discription of T H Tindall on the 18th day of April in the year 1825 at Little Rock in the County 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 1827. 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 said 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 1827 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 above 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] [image of page 3] 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 of the said plaintiff of Eight hundred dollars & therefore he sues &c.
Searcy P Q

The clerk of the superior court for the Territory of Arkansas will please issue a capias on the foregoing declaration directed to the sheriff of Lovely County and indorse the same an action of Covenant damage $800 and require bail in the sum of five hundred dollars
Searcy for plff

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