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In Superior Court
John H Cocke Assignee of Charles Fisher
vs
James W Henson
Benjamin Johnson
Ambrose Sevier
This is an action of Debt for $500
Damage $500
no Bail required
The within named James Henson is not to be found in by bailiwick
Return "not found" $0.50
D.T. Witten sheriff
Hempstead County
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In the Superior Court in & for the Territory of Arkansas to the Term
of July in the year one thousand eight hundred & thirty
Arkansas Territory
Pulaski County ss: John H Cocke Assignee of Charles Fisher Plaintiff in
this suit complains of James W Henson Benjamin Johnson & Ambrose H
Sevier Defendants in this suit in custody &c of a plea that they render
to him the sum of five hundred Dollars which they owe to & unjustly
detain from him for that whereas the said Defendants heretofore to wit
on the twelfth day of October in the year one thousand eight hundred &
twenty nine to wit at the County of Pulaski in the Territory of Arkansas
& within the Jurisdiction of this Court by their certain writing obligatory
sealed with their seals & which the said Plaintiff brings now into
court here the date whereof is the same day & year last aforesaid
promised on or before the first day of March (meaning the first day of
March one thousand eight hundred hundred & thirty) [Image
of page 3] for value received jointly & severally to pay one Charles
Fisher five hundred Dollars with ten percent interest per annum from the
date of said writing obligatory & then & there delivered the said
writing obligatory to the said Charles Fisher and the said Charles Fisher
to whom the payment of the said sum of money in the said writing obligatory
specified was to be made after the making of the said writing obligatory
& before the payment of the said sum of money therein specified to
wit on the day & year last aforesaid at the place & within the
Jurisdiction last aforesaid indorsed the said writing obligatory by which
said indorsement he the said Charles Fisher then & there ordered &
appointed the said sum of money in the said writing obligatory specified
to be paid to the said plaintiff & then & there delivered the
said writing obligatory so indorsed as aforesaid to the said Plaintiff
of which said indorsement they the said Defendants afterwards to wit on
the day & year last aforesaid had notice by means whereof & by
force of the statute in such case made & provided the said Defendants
then & there became liable to pay to the said Plaintiff the said sum
of money in the said writing obligatory specified according to the tenor
and effect of said writing obligatory & the said indorsement so made
thereon [Image of page 4] as aforesaid - Yet
the said Defendants (altho often requested so to do) have not nor has
either of them as yet paid the said sum five hundred Dollars above demanded
or any part thereof to the said Charles Fisher before the said indorsement
or to the said Plaintiff since the said indorsement but to pay the same
to the said Plaintiff have thereto wholly neglected & refused &
still do neglect & refuse to Plaintiff damage five hundred Dollars
& therefore he sues &c
Chester Ashley Pltfatty
Clerk of the Superior Court of Arkansas Territory will issue a writ of
Summons in this case against Henson to Hempstead County & against
the other Defendants to Pulaski County & indorse on the said Writs
that they are counterparts.
April 17th 1830
Chester Ashley aty
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This is the counterpart of a writ issued to the County of Pulaski in
the same case.
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TERRITORY OF ARKANSAS
UNITED STATES OF AMERICA, } ss.
To the Sheriff of Hempstead County- Greeting:
You are hereby commanded, to summon James W Henson to appear before the
Judges of our Superior Court, at the Court-house in the town of Little
Rock, in the county of Pulaski, on the first day of our next July term,
then and there to answer together with Benjamin Johnson & Ambrose
H. Sevier to John H Cocke Assignee of Charles Fisher to an action of Debt
for five hundred Dollars Damage three hundred Dollars and have you then
there this writ.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the
Seal of my office, at Little Rock, this 17th day of March 1830, and of
the Independence of the United States of America the fifty fourth-
D.E. McKinney Clerk.
(stamped seal)
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