[Image of page 1]

Salami Grande &c
vs} Copy of Record from Crittenden
Catherine J. Foy

Filed 12th July 1830
W Field Clk

Costs Taxed page 127

disposed of

[Image of page 2]

At a Circuit Court began and held at the Town of Green? in the County of Crittenden and Territory of Arkansas on the last Monday of August 1829- Present
The Honorable James Woodson Bates

No 1 Declaration}
United States of America Arkansas Territory
Crittenden County Circuit Court April Term 1829
To Wit-
Richard Roe has attached to answer Alfred Criswell of a plea Wherefore the said Richard Roe with force and arms &c entered into a certain piece of Land Containing five hundred and forty four acres and forty four hundredths of an acre Originally Claimed by Nathaniel Spillman and granted to the heirs of said Spillman by Patent from the United States bearing date the 10th day of June 1825 also in to a field Containing twenty acres two Cottage houses two out houses one yard one garden and one Orchard with the appurtenances situated in Township Seven North in Range Nine East on the East bank of the Mississippi immediately south of the East End of lake Grandey where the same intersects with the Mississippi River in Said County which Isabella Grande Sally Ann Grande Augustine Grande Caroline Matilda Grande James Monroe Grande Maria Rose Grande George Washington Grande heirs [Image of page 3] of Augustine Grande deceased and Salami Grande, had demised to one John Doe for a Term which is not yet Expired, and Whereas the said John Doe had also afterwards demised the Same Lands and Tenements with the appurtenances as above described to the said Alfred Criswell for a Term which is not yet Expired, and Ejected him from his said farm and Other wrongs to the said Alfred Criswell then and there did and against the peace and dignity of the United States of America and thereupon the said Alfred Criswell by Felix H Walker his attorney Complains that Whereas the Said Isabella Maria Rose George Washington Sallyann Caroline Matilda Augustine and James Monroe heirs of said Augustine Grande deceased and Salami devisee of Said Grande deceased on the first day of October in the year of our lord one thousand Eight hundred and twenty seven at the County of Crittenden aforesaid had demised the said lands and Tenements with the appurtenances to the said John Doe to have and to hold the same to the John Doe and his assignees from the third day of May then last past, for and during, and unto the full end and Terms of Seven years, from thence next Ensuing and fully to be completed and ended, and Whereas also the Said John Doe afterwards, to wit the said first day of October in the year aforesaid at the County aforesaid had demised the Same lands and Tenements above described and Mentioned with the appurtenances to the said Alfred Criswell to have and to hold the same to the said Alfred Criswell and assigns from the aforesaid third day of May, then last past for and during and unto the full End and Term of seven years from thence next ensuing and fully to be completed and ended, by virtue of which [Image of page 4] said Several demises the Said Alfred Criswell Entered into the Said lands and Tenements with the appurtenances above mentioned and became and was thereof possessed for the Said Term to him thereof granted and the said Alfred Criswell being so thereof possessed the said Richard Roe afterwards to wit on the second day of October in the year last aforesaid, with force and arms &c entered unto the said lands and tenements above mentioned with the appurtenances, which the said heirs of Augustine Grande deceased, and Salami had demised to the said John Doe, and which the said John Doe had afterwards demised to the said Alfred Criswell in Manner and for the Term aforesaid, which are not yet Expired and ejected the said Alfred Criswell from his said farm and other wrongs to the said Alfred Criswell, then and there did against the peace and dignity of the United States of America Wherefore the said Alfred Criswell sayeth that he is Injured, and hath sustained damage to the amount of one thousand Dollars and thereof he brings his suit
Walker attorney Ptff

No 2 Notice to Tenant in Possession
Mrs Catherine Jane Fooy
I am informed that you are in possession of or claim tittle to the premises in this Declaration mentioned or some part thereof, and I being sued in this action as a Casual Ejector only and having no Claim or title to the Same do advise you to appear at the next Circuit Court to be holden in and for

[Image of page 5]

Whereupon the said Catherine Jane Fooy comes and confesses lease entry and ouster and [relies] upon her title above for her defence
and Court adjourned untill court in course} Signed J Woodson Bates

December Term 1829
Monday Morning December the 28th 1829
Court has opened pursuant to adjournment no Judge appeared
Court adjourned untill to Morrow Morning 10 October
Tuesday Morning 10 Oclock Court met pursuant to adjournment and no Judge appeared and Court adjourned untill Court in Course
James Livingston clk

at a Circuit Court began and held at the Court house in the Town of Green? in the County of Crittenden the fourth Judicial Circuit in the Territory of Arkansas on Monday the 31st day of May AD 1830 Present the Honorable James Woodson Bates Judge

No 6 Decision of Court appeal granted &c on the 4th day of said May Term 1830

Salami Grande & others
vs} Ejectment
Catherine Jane Fooy

[Image of page 6]
and now at this day comes the parties by their attorneys and the defendant by her attorney Horner Moved the Court to strike this case from the Docket, on the ground that there is no law in force in this Territory which authorizes the action of Ejectment, nor has there any Such law at the time of bringing this suit or action, which motion the Court sustained, it is therefore considered that the said action be stricken from the docket and that the said C. J. Fooy have and recover of and from the said Grande the costs by her Expended, to which Opinion of the Court the Plaintiff Excepts and prays an appeal to the Superior Court which is granted, it is further ordered that the Clerk take Bond and security conditioned according to law

No 7 Bill of Exception
United States of America Territory of Arkansas Crittenden Circuit Court
Doe on the demise of Salami Grande Elizabeth & others heirs of Augustine Grande deceased against Catherine J Fooy at the May Term of Said Court AD 1830 this cause Came on to be heard and tried Whereupon the defendants attorney moved to dismiss Said Cause on the Ground that there is no law now in force in this Territory, by which the title to real estate can be tried and the Possession thereof recovered by action of Ejectment, which Motion being made [Image of page 7] and Considered by the Court, was allowed to prevail and the said action of ejectment was stricken from the docket and dismissed by the court to which Opinion the Plaintiffs attorney Excepts, and prays that this his Bill of Exception may be taken and made a part of the record
J.W. Bates (seal)

Endorsed on the Back of Bill
Salami Grande et all
vs} Bill of Exceptions
Catherine J. Fooy

Filed 4th June 1830
J Livingston clk
and Court adjourned untill Court in Course
J.W. Bates

No 8 Bond
Know all men by these presents that we Elizabeth Grande Maria Grande and Salami Grande for herself, and other minor heirs of Augustine Grande deceased, and Alfred Criswell are held and firmly bound unto Catherine J Fooy in the sum of one hundred dollars, for the payment of which well and truly to be made we bind ourselves our heirs Executors and administrators firmly by these presents witness our hands and seals this 23rd day of June AD 1830 the Condition of this Bond is such that Whereas there has been an appeal Granted [Image of page 8] by the Circuit Court of Crittenden County Arkansas Territory at the May Term of Said Court 1830 to the Superior Court of Said Territory to be holden at Little Rock on the 2nd Monday of July next, in an action of Ejectment, Wherein Elizabeth Grande Maria Grande and Salami Grande for herself and George Washington Grande Augustine Grande Sallyann Grande Caroline Matilda Grande and James Monroe Grande other minor heirs of Augustine Grande deceased are Plaintiffs and Catherine J. Fooy is defendant now we the above mentioned appelants, and securities do bind ourselves to prosecute this appeal with Effect and on default thereof to pay all costs and damages occasioned thereby
her
Elizabeth X Grande (seal)
mark
her
Maria X Grande (seal)
mark
Salami Grande for herself and other minor heirs of Augustine Grande deced (seal)
Alfred Criswell (seal)
Endorsed on the Back of this Bond Salami Grande et all C J Fooy appeal Bond
Filed 23rd June 1830
J Livingston clk

No 9 Sheriffs & Clerks fees
Sheriff Fee $3.20
two callings .20
$3.40
Clerks fees 11.05
$14.45
attorney Honors Tax Fee 6.00
$20.45

[Image of page 9]

Territory of Arkansas
County of Crittenden} ss
I James Livingston clerk of the Circuit Court in and for the County aforesaid do Certify that the foregoing nine pages Contains a true perfect and Entire transcript of all the proceedings had in the Circuit Court of Said County of Crittenden in an action of Ejectment Wherein Elizabeth Grande Maria Rose Grande and Salami Grande for herself and other minor heirs of Augustine Grande decd are Plaintiffs and Catherine J Fooy is defendant as appears to me of record
In Testimony Whereof I have here unto set my hand as Clerk and affixed the official seal of said County at ? this 23rd day of June AD 1830 and of the Independence of the United States of America the 54th year
James Livingston Clk

Previous Page | Next Page