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Thomas Griffing
vs } appeal
Jesse Noaks
Filed April 17 1829
D.E McKinney clk

12.98       5
70            3.10
                   20
                830

Territory of Arkansas
County of Crawford } ss
I George C Pickett clerk of the Crawford Circuit Court do certify that the foregoing three pages contain a full true and complete Transcript of the record and proceedings in the suit therein named and that the same is in as full and complete manner as the said suit remains in my office
In testimony whereof I have hereunto set my hand and affixed the seal of office this 9th day of April AD 1829
GC Pickett clk

(stamped seal)

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Among the records and proceedings of the Crawford Circuit Court on the following to wit

[side] Summons from Justice
Thomas Griffing Plaintiff
assn of R Burton } Appeal
Jesse Noaks Deft
Territory of Arkansas
County of Crawford } sct
To the constable of Lowen Township greeting summon Jesse Noaks to appear before me a Justice of the peace on the 31st day of this Instant at my dwelling house between my hours of ten in the forenoon & three oclock in the afternoon of the said day to answer unto Thomas Griffing assignee of Robert Burton agent for M & R K Bean in an action for note of hand Given under my hand this 23rd day of January 1829
Charles Wolf J.P.
served the within summons on Jesse Noaks by reading at his dwelling house this 26th day of June 1829
William Hull constable of Lowen township

[side] Note
Due Mark & R K Bean twelve Dollars and ninety eight cents for value recd of them April 3rd 1828
Jesse Noaks

[side] assignment on note
Upon which is the following assignment "I do assign the within note to Thos N Griffing Jany 24th 1829
Robert Burton - agent for M & R K Bean

warrant issued on the 23rd day of Jany 1829 & set for trial on the 31 of same; Crawford County. Lowen Township- Jany 31st- 1829- This day came the plaintiff by his agent Wm Neall as well as the Defendant in his proper person & by the consent of both parties the trial is posponed untill the 21st day of February next.
Charles Wolf J.P.

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[side] Judgment of the Justice
February 21st 1829- This being the day set for trial the parties came and the Defendant plead for a non suit on the grounds that R Burton had no write to assign the note as agent & the plea being thought not sufficient it is therefore thought that the Plaintiff have and recover a Judgement against the Defendant for the Sum of Twelve Dollars and ninety Eight cents debt & seventy cents interest & all Legal costs thereon expended-Given under my hand this date above
Charles Wolf JP

The defendant thinks himself agrieved & prayed for an appeal on the Same day & gives Bond with security in the Sum of one hundred Dollars to prosecute his appeal to effect - Given under my hand this 21st day of February 1829
Charles Wolf JP

[side] Appeal Bond

We the subscribers acknowledge to be indebted to Thomas Griffing the Plaintiff in the sum of one hundred Dollars to be Levied upon our respective goods and chattels upon this condition that if the Judgement which has been rendered this day against the said Jesse Noaks in favor of the said Thomas Griffing assignee as aforesaid shall be affirmed by the circuit court of Crawford County or if the Plaintiff shall recover more than the amount of the Judgement of the Justice that said Defendant shall pay the amount of such Judgement and costs
Jesse Noaks (seal)
Wm Meredith (seal)
George N Tyler (seal)
Acknowledge and subserved before me this 21st day February 1829 and acknowledged
Charles Wolf JP

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[side] Judgement

And at the March Term of the Crawford Circuit Court began and held on the 9th day of March in the year of our Lord one thousand eight hundred and twenty nine- The parties appeared by their attorneys and appelants attorney moved to set aside the proceedings because the note on which the suit was founded was not assignable and had been assigned and that Robert Burton had no right to assign the same, which motion the court overruled, and it is considered by the court that the Judgment of the Justice be affirmed and the Plaintiff have and recover his costs by him about his suit expended and the Defendant prayed on appeal and filed his bond and security which was approved by the court.

[side] Appeal Bond

Know all men by these presents that we Jesse Noaks and Abraham Sinclair are held and firmly bound unto Thomas Griffing assee of Robert Burton in the full sum of one hundred Dollars Lawful money of the United States and for payment well and truly to be made and done we bind ourselves our heirs executors and administrators Jointly severally and firmly by these presents sealed with our seals and dated the 11th day of March AD 1829 The condition of the above obligation is such that whereas the above bound Jesse Noaks hath prayed and obtained an appeal from the Judgement of the Crawford circuit court, in a certain suit in said court wherein Thomas Griffing assee as aforesaid is Plaintiff and the Said Jesse Noaks is Defendant. Now if the said Jesse Noaks Shall prosecute his said appeal with effect or in case the Judgement of the circuit court shall be affirmed by the Superior Court, he will pay the Judgement of said court and all costs that is now or hereafter may accrue, then this obligation to be void else to remain in full force and virtue
Jesse Noaks (seal)
Abraham Sinclair (seal)
Test GC Pickett clk.

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