Campbell
v
Strong

[Campbell v.] Strong

Costs Taxed
page 187

Filed 20th July 18[ ]
W Field clk

This transcript — 9.00
cert & seal — .50
Tax on seal — .50
surcharge — .37 ½
$10.37 ½

A Kindrick Clerk

page [ ]

[Image of page 2]
sum of $[ ] debt and $9.56.84 [ ] damages manifest Error hath introvened to the great damage of the said defendants as by the complaint of the said Samuel Campbell and Nisa his wife late Nisa Hampton admr. as aforesaid and William Patterson administrator as aforesaid we are informed and we being willing that the Errors aforesaid, if any there be, should be duly amended and speedy and ample Justice done to the parties aforesaid in this behalf do command you that the records and proceedings of the plaint aforesaid together with all things touching the same and this writ you certify and send to our superior court of our Territory aforesaid to be held at the Town of Little Rock on the second Monday in July 1831 that the Judges of our said Court respecting the record and proceedings may further [cause] to be done there in for com[torn] said E[torn] what to them shall of right seem meet to be done

Witness, William Field clerk of the superior court of said Territory and under the official seal of said Superior Court at office this first day of June AD 1831 and in the fifty fifth year of the Independence of the United States
Wm Field clk

(seal)

[Image of page 3]
The manner in which this ? has been ? will appear from the hereunto annexed ? copy of the proceedings in the case referenced to in this writ. -
A. Kindrick Clerk of of the circuit court of Phillips County - A.T.
9th July 1831

Territory of Arkansas
in the superior Court.
ss
The United States of America to the Judge of the circuit Court within and for the county of Phillips in said Territory Greeting - For as much as in the record & process and also in the rendition of Judgment in a certain plaint which was in our court before you by our writ between George Izard Governor of the Territory of Arkansas who sued to the use of William Strong as plaintiff and Samuel Campbell and Nisa his wife late Nisa Hampton adminstratrix of Wade Hampton deceased & William Patterson administrator of William Dunn deceased and William B. R. Hornor administrator of Ichabod Dunn deceased defendants in a plea of Debt on writing obligatory for the [Image of page 4]

At a circuit Court began and held at the Town of Helena within and for the County of Phillips, and Territory of Arkansas, on Monday the seventh day of May A.D. 1828, it being the second Monday of said month, was present the Honl James Woodson Bates, Judge The following proceedings were had in a certain suit wherein, George Izard, Governor to the use of Wm Strong was Plaintiff and Samuel Campbell and Nisa his wife, William Patterson admr of Wm Dunn decd and William BR Hornor admr of Ichabod Dunn deceased were defendants.

The said Plaintiff having filed his declaration in the words and figures following to wit
Territory of Arkansas
County of Phillips
In the circuit Court for said County of the Term of September 1828

George Izard governor of the Territory and successor of James Miller late governor of said Territory who sues to the use of William Strong by Searcy his attorney complains of Samuel Campbell and Nisa Campbell his wife late Nisa Hampton William Patterson administrator of William Dunn deceased & William BR Hornor administrator of Ichabod Dunn deceased of a plea that they render unto him the sum of one thousand dollars lawful money of the United States which from him they unjustly detain. For that whereas the said Nisa and the said William & Ichabod in their lifetime heretofore to wit on the 26th day of August in the year 1822 at the County of Phillips aforesaid by their certain writing obligatory of that date sealed with their seals and now here to the Court shewn acknowledged & themselves bound to be held and firmly Bound unto the said James Miller as governor of the Territory of Arkansas and his successors in office in the said sum of one thousand dollars for the faithful payment of which sum they bound [Image of page 5] themselves their heirs executors and administrators Jointly and severally and the said George Izard Governor as aforesaid avers that he is the successor of the said James Miller late governor of aforesaid Territory whereby an action hath accrued to him to have and demand of the said defendants the aforesaid sum of money. yet the said Nisa Hampton before her intermarriage nor the said Samuel Campbell since that time, nor the said William & Ichabod or either of them before the deceased nor the said Patterson as administrator of the said William nor the said Hornor as administrator of the said Ichabod nor either of them since the death said William & Ichabod have ever paid the said sum of money or any part thereof either to the said James Miller or to the said George Izard governors as aforesaid but to pay the sum or any part thereof although often requested so to do to the Damage of the said Plaintiff of five hundred Dollars & therefore he brings suit &c
Searcy PA

The Clerk of the circuit court for the County of Phillips will please issue a summons on the foregoing declaration and endorse the same an action of Debt founded on a writing obligatory Damage $500. Searcy for Plff

Recd from Wm Strong Tax & Issuing fee
June 9th 1828. Geo W Ferebee Clerk
(on which is the following endorsement)
This is an action of Debt founded on a writing obligatory & no bail required. Geo W Ferebee Clk
Filed 23rd May 1828. Geo W. Ferebee Clk
on which declaration a writ in the words and figures had been issued to wit.

Territory of Arkansas
County of Phillips
ss
The United States of America to the Sheriff of said County
Greeting
We command you to summon the within named Samuel Campbell and Nisa Campbell his wife & William Patterson administrator of William Dunn [Image of page 6] deceased & William BR Horner administrator of Ichabod Dunn deceased if they may be found in your bailiwick to be and appear before the Judge of our Circuit Court at a court to be holden at the Town of Helena in and for said County of Phillips on the third Monday of September next. Then and there to answer George Izard of the Territory of Arkansas who sues to the use of William Strong of a plea Debt for one thousand Dollars and to his Damage five hundred dollars and have you then there this writ
Witness George W Ferebee Clerk of our said Court at office this 24th day of May A.D. 1828 and of our Independence the 52d
Geo W Ferebee clk

(Seal)

(on which the following return is made

I do certify that William BR Horner acknowledged service on the within writ on the 16th of August 1828 in St Francis Township Service 80
Henry L Biscoe Shff P.C.
I do certify that Samuel Campbell and Nisa Campbell within named acknowledged due service of the within writ in Walnut Township on the 5th day of September 1828
G Dunn Depty Shff
service 80 cts 50 miles circular 2.50 $4.10

I acknowledge due service of the within writ
Helena August 16th 1828. Wm BR Horner
we acknowledge due service of the within writ
Walnut Township September 5th 1828

Samuel Campbell
&
Necy Campbell

Now at this day came the parties by their attornies, and the Plaintiff moved that Judgment be entered against the said defendants unless they file their pleas in ?, the defendants contended that by the death of George Izard the suit had abated, and that they were not bound to answer untill the said plaintiff should revive his suit in the name [Image of page 7] of the Successor of the said George Izard as Governor, which motion the Court sustained to which opinion of the Court the defendants excepted and filed their bill of exception (in the words and figures follows to wit)

George Izard governor of the Territory of Arkansas and Successor of James Miller Late governor of said Territory to the use of William Strong
against } Debt
Samuel Campbell & Nisa his wife late Nisa Hampton William Patterson admr of William Dunn decd & Wm BR Horner admr of Ichabod Dunn decd

In the Circuit Court for the County of Phillips in said Territory at the Term of May A.D. 1829
Be it remembered that the defendants was now at this day called upon to file their pleas in this case which they by their atty objected to doing because they contended that by the death of George Izard the suit had abated until revived in the name of his successor in office. The Court was of opinion that the suit did not abate on the death of Izard that he had said as Governor & that the office of Governor is never vacant, and ruled the said defendants to plead or let Judgment go against them to which opinion of the Court the said Defendants excepts and prays that this their bill of Exception may be signed & sealed and made part of the records
J.W. Bates
(Seal)

Marked No 1
Filed May 15th 1829 Geo W Ferebee Clk
whereupon the defendants filed a general demurrer to the plaintiffs declaration (in the words and figures following to wit) In the circuit Court of Phillips County at the Term of May AD 1829. And the said defendants comes & defends the wrong & Injury when &c and says that the said declaration in manner & form as the same and above stated & set forth are not sufficient in law for the said plaintiff to have or maintain his aforesaid action against them the said defendants and the said Defendants assigns & shews to the Court the [Image of page 8] following Causes of demurrer 1st because the said Strong has not shewn that he is injured in any wise by the said defendants, 2nd that he should set forth in what he was or is injured or in what the conditions of the bond has been broken and that the said declaration is in other respects uncertain informal & insufficient and that they the said defendants are not bound by the law of the land to answer the same wherefor for want of a sufficient Judgment declaration they pray Judgment &c
Wm B.R. Horner

Marked A
Joinder Cummins & Clark for Plff
Filed 14th May 1829 Geo W Ferebee clk
and the plaintiffs joined therein and the demurrer being heard and considered by the court was overruled, to which opinion of the Court the defendants also excepts, and filed their bill of exceptions marked No 2 (in the words and figures following) to wit – Be it remembered that the Defendants by their atty filed a general Demurrer to the Plaintiffs declaration which Demurrer the Court after argument and consideration over ruled to which opinion of the Court the defendants Excepts and prays that this their bill of Exceptions may be signed & sealed and made part of the record. The Demurrer is hereunto annexed marked A which is to be taken as part of this bill.
J Woodson Bates (seal)

Filed May 16th 1829 Geo W Ferebee clk
which was signed and sealed and made part of the record and the said defendants having Craved oyer of the said supposed writing (in the words and figures following to wit. And now at this day came the defendants and defends the wrong & injury when &c and craves oyer of the said supposed writing in the declaration of the said plaintiff mentioned
Wm B.R. Horner
which was granted in the words and figures following to wit.

[Image of page 9]
Know all men by these presents that we Nisa Hampton William Dunn and Ichabod Dunn are held and firmly Bound to his excellency James Miller Governor of the Territory of Arkansas and his successors in office in the sum one thousand dollars the faithful payment of witch sum we bind ourselves our heirs executors and administrators Jointly and Severally firmly By these Presents. The condition of the above obligation is such that if the Above bound Nisa Hampton administratrix of all and singular the goods and chattels Rights and credits of Wade Hampton Deceased do make or cause to be made a true and perfect Inventory of All and Singular the goods chattels Rights & credits of the said Deceased which have or shall come to the hands or possession or knowledge of her the said Nisa Hampton or into the hands or possession of any person or persons for her and the same so made do exhibit or cause to be exhibited into the office of the circuit Court for the County of Phillips at or before the twenty third Day of January next ensuing and the goods chattels rights and credits and all other the goods chattels rights and credits of the said Deceased at the time of the Death of the said Deceased which shall at any time after come to the hands or possession of the said Nisa Hampton or into the hands or possession of any other person or persons for her do will and truly administer according to law and further make or cause to be made, a true and just account of her said administraton at or before the twentieth day of May next and all the rest or Resadue of the said goods chattles rights and credits which shall be found remaining upon the said administratrix account the same being first examined and allowed by the Court for the County of Phillips and shall deliver pay over to such persons on sentence according he true intent and meaning of this appoint and direct and if it shall hereafter appear that any last will and testament was made by the [Image of page 10] said deceased and the executor or or executors therein named do exhibit the same into the office of the said Court making request to have it allowed and Proved and the said will is allowed and proved by said Court then if the said Nisa Hampton within bound being thereunto requested do render and deliver her said Letters of administration then this obligation to be void and of no effect otherwise to remain in full power and effect. In testimony of which we have severally hereunto set our hands & seals the twenty sixth of August A.D. 1822

Interlined in the 18th line of the first page with the word "the" and in the 24th line of same page the word "September" is "araised" and the word "January" interlined.

Test
W BR Horner Dept
Clerk P.C.

her
Nisa Hampton (Seal)
mark
William Dunn (Seal)
Ichabod Dunn (Seal)

(on the back of which is the following endorsement and affidavit to wit) I Nisa Hampton do solmly swear that to the best of my Knowledge Wade Hampton late of the County of Phillips died without having any last will or testament and that he left a widow and two children lawful heirs of him the said Wade Hampton
Sworn to and Subscribed this
26th day of Agust AD 1822
Wm BR Horner Dept Clk
C.C. P.C.

her
Nisa x Hampton
mark

Filed 26th August 1822 Submitted to the Court & approved 23 Sept 1822 Wm BR Horner dept Clk (whereupon the defendants filed their plea in the words and figures following to wit) And the said defendants by their attorney came and defend the wrong and injury when &c having craved oyer of the said writing obligatory and the conditions thereof and having [Image of page 11] heard the same read which said conditions are in the words folowing to wit. That if the above bound Nisa Hampton administratrix of all and singular the goods and chattels rights and credits of Wade Hampton Deceased should make or cause to be made a true and perfect inventory of all and Singular the goods chattels rights & credits of the said of the said deceased which had or should come to the hands or possession or knowledge of her the said Nisa Hampton or into the hands or possession of any other person or persons for her and the same so made should exhibit into the office of the circuit Court of the County of Phillips at or before the twenty third day of January next ensuing there after and the same goods chattels Rights and credits of the said deceased which shall at any time after come to the hands or possession of the said Nisa Hampton or into the hands or possession of any other person or persons for her should well and truly administer according to law, and further make or cause to be made a true and just account of her said administration at or before the thirtieth day of May next thereafter and all the rest or rest or residue of the said goods chattels rights and credits which should be found remaining upon the said administratrix's account the same being first examined and allowed by the Court for the County of Phillips and should deliver pay over to such person or persons respectively as the said court by them decree and sentence according to the true intent and meaning of that shall appoint and decree and if it should hereafter appear that any last will and testament was made by the said deceased and the Executor or Executors there in named should Exhibit the same into the office of the said Court making request to have it allowed and proved by said Court then if the said Nisa Hampton therein bound being thereunto requested do render and deliver her said letters [Image of page 12] of administration then that obligation to be void and no Effect otherwise to remain in full power and Effect and therefore the said defendants saith ? non because they say that they have from time to time and at all times after making of the said supposed writing obligatory and the conditions thereof well and truly observed, performed fulfilled and kept all and singular the articles, clauses payments conditions and agreements in the said condition of the said writing obligatory specified comprised and mentioned in all things therein contained on their part and behalf to be observed performed fulfilled and kept according to the tenor and true intent and and meaning of the said conditions of the said writing obligatory and this they the said defendants are ready to verify wherefore they pray Judgment if the said George Izard ought to have or maintain his aforesaid thereof against them &c

Wm B.R. Horner atty
Filed May 16th 1829 Geo W Ferebee clk
and the Plaintiff filed his Replication in the words and figures following to wit

And the said George Izard Governor of the Territory of Arkansas as afsd who sues to the use of the said William Strong as to the said plea of the said defendants by their first above pleaded says that he the said George Izard ought not to be barred from having or maintaining his aforesaid action thereof against them because he says that the said Nisa Campbell late Nisa Hampton prior to her marriage with the said Samuel Campbell did not nor has the said Samuel Campbell or any other of the defendants aforesaid well and truly performed and kept all and singular the articles Clauses Conditions and agreements in the said condition of the said writing obligatory specified and mentioned. But the said Nisa Campbell administratrix as aforesaid [Image of page 13] late Nisa Hampton and the said Samuel Campbell hath broken the said Condition in this to wit That the said Nisa Hamton although she did as she was bound by the Condition of the said writing obligatory return in to the office of the Phillips Circuit Court an inventory of the estate of Wade Hampton deceased which estate she had appraised as she was bound to do- A list of which appraisement is now on file in the office of the Clerk of the Phillips Circuit which list shows property in the hands of the Administrator amounting to six hundred and forty one Dollars and 46 ½ /100 She also exposed to sale a part of the personal estate of said Hampton deceased which sale (as per bill of sale now on file in the office of the Clerk of the Phillips circuit Court) amounted to the sum of six hundred and twenty seven dollars and thirty one and a half cents. Yet she the said Nisa Campbell has not appeared before the Judge of the said Phillips circuit Court and made settlement of said estate as she was bound to do or rendered any account of the said estate that was in her hands nor has the said Samuel Campbell done the same since his intermarriage with the said Nisa Campbell but they have wasted said estate and appropriated it to their own use and have intirely failed to pay the debts due by and allowed against said estate by the circuit Court of Phillips County according to law. And the said Governor of the said Territory of Arkansas who sues to the use of William Strong avers that there was allowed by the Judgment and decision of the Phillips circuit Court at the November Term of said Court in the year 1826 to the said William Strong against said Nisa Campbell late Nisa Hampton administratrix and Samuel Campbell administrator of said estate of Wade Hampton deceased the sum of four [Image of page 14] hundred and eighty two dollars and twenty cents and thirty nine Dollars Debt and the sum of one hundred and eighty two dollars and twenty cents interest to be paid out of any assetts of the estate of said Wade Hampton deceased. Yet the said Samuel Campbell and Nisa have entirely failed to pay the said sum or any part thereof to the said strong as it is avered has sustained by reason of the said Samuel & Nisa having failed to pay said sums of money allowed as aforesaid to the amount of eight hundred Dollars and he the said Govn as aforesaid who sues to the use of William Strong prays may be inquired of by the County
Cummins &
Clark for Plff

And the Defendants doth the like
Horner

Filed May 16th 1829
Geo W Ferebee Clk

and the cause was continued until the next term of this court

At a subsequent Term of the Court to wit At a circuit Court begun and held at the Town of Helena within and for the County of Phillips and Territory of Arkansas, on monday the fourteenth day of September A.D. 1829 being the second monday in said month, was present the Honl James Woodson Bates Judge:
The following further proceedings were had
Now at this day came the parties by their attornies, and the defendants by their attorney, demurred to the replication in the words and figures following to wit, and the said defendants saith that the said replication of the said Izard to the said pleas of him the said defendants and the matters and things contained in manner & form as the same are above pleaded and set forth are not sufficient in law for the said Plaintiff to have or [Image of page 15] maintain his aforesaid action to have or maintain thereof against them the said defendants and that they the said defendants are not bound by the law of the land to answer the same and this they are ready to verify whereupon for want of a sufficient replication in this behalf they the said defendant prays Judgment if the said plaintiff ought to have or maintain his aforesaid action thereof against them and the said defendants according to the form of the statute in such cases made and provided states & shews to the court here the folowing causes of Demurrer 1st that the said plaintiff does not shew or aver that the debt which he says was allowed to the said Strong against the Estate of said Wade Hampton decd was actually due and owing to him the said Strong nor on what account the allowance was made 2nd That the said replication concludes to the Country when it should have been to the Court and also that the said replication is in other respects uncertain informal and insufficient &c.
Wm B.R. Horner for defts
And the Plaintiff joins in demurrer
Filed 14th Sept 1829
Geo W Ferebee Clk

Cummins & Clark of Plaintiff

Upon which the plaintiff took exceptions to the defendants plea, and upon argument the plea was adjudged good by the court and upon argument of said demurrer to said replication the demurrer was over ruled by the Court. It is therefore considered by the court that the plaintiffs recover his costs of the defendant about this demurrer expended. To which opinion of the court the defendants by Horner their attorney excepts and filed their bill of exception marked C; (in the words and figures following to wit

Be it remembered that on the trial of this cause the defendants offered to read to the Jury a paper purporting to be the notice from William Strong (for whose use this suit is brought) to Mrs Nisa Campbell administratrix of Wade Hampton deceased notifying her that he should apply at the term of the circuit court for said County to be [omitted text]

Be it remembered that now at this day came the Defendants by Horner and filed a Demurrer to the Plaintiffs replication which demurrer is marked C to be taken as part of this bill which said replication of the said Plaintiff was sustained and the Demurrer over ruled to which opinion of the court the [Image of page 16] said defendant Excepts and prays that this his bill of Exception may be signed sealed and made part of the record.
J.W. Bates (Seal)

which was signed sealed and ordered to be made a part of the record. Now at this day came the parties by their attornies and on Suggestion it was ordered by the court that William F. Moore serve as elisor in summoning a jury to try this case. The atty for the defendants then Craved oyer of of the plaintiff of the record record rifered to in the replication (in the words and figures following to wit) And he said defendants comes and defends the wrong and Injury when &c and craves oyer of the said supposed debt due to the said Strong and allowed by the circuit Court as above alledged against the said Campbell &c wife as admr & admx of said Wade deceased as in the said replication of the said plaintiff mentioned
Wm B.R. Horner for Defts
Filed Sept 16 1829
Geo W Ferebee Clerk

And the court ruled that oyer might not be given; The defendant then filed a rejoinder (in the words and figures following to wit) And the said defendants as to the said replication of the said plaintiff to the plea of them the said defendants saith that the said Plaintiff ought not by reasons of any thing in the replication alledged to [Image of page 17] have or maintain his aforesaid action thereof against them the said defendants because they say that after the making of the said writing obligatory and before the commencement of this suit and before the allowance of the said debt to the said Strong against the said Samuel admr & the said Nisa admx of the said Wade deceased by the said Court to wit on the ___ day of September in the year of Christ one thousand Eight hundred and twenty __ at the county of Phillips aforesaid he the said Strong was fully paid and satisfied his aforesaid demand against the Estate of the said Wade decd and all and every demand which he the said Strong had against said deceased at the time of his death or there after. And the said defendants for further plea in this behalf leave of the court for that purpose being first had and obtained saith that at the time of the allowance of the said debt by the said Court to the said Strong against the said Samuel Campbell & Nisa his wife adr & admx as aforesaid there was nothing due or owing to the said Strong from the Estate of he said deceased and that the said Strong has no claim or demand on file in the office of said Court whereon such allowance was made nor did he the said Strong give to the said Samuel admr as aforesaid any notice that he intended to exhibit such claim for allowance as the law requires. And that the same allowance was made ex partywithout proof all of which they the said defendants pray may be enquired of by the country-
Wm BR Horner for Defts

Filed Sept 16 1829
Geo W Ferebee Clk

which was also over ruled by the court. The defendants by their council took issue upon their replication whereupon came a jury to wit ? A ? Arnold Fisher, Austen Kendrick Senr, Alexander Kincaid, Hiram Morrison, James Swan, William Hodges, Smith Johnson, John Sterling, James Eversull, John Lean, and Daniel Martin twelve good and lawful men of the vicinity who were empannelled and sworn. The plaintiff [Image of page 18] by his attorney then read in evidence an execution that which had issued out of this Court against Samuel Campbell and Nisa Campbell (two of the defendants in this suit (which is in the words and figures following to wit)
Territory of Arkansas - United States of America Sct.
To the Sheriff of the County of Philips Greeting:
Whereas William Strong at our circuit Court, before our Judge hath recovered against Samuel Cambell & Nisa Campbell formerly Nisa Hampton admr of Wade Hampton decd the sum of six hundred and twenty one dollars and twenty cents debt and also the sum of nineteen dollars and seventy six cents, which to the said William Strong were adjudged for his costs in that suit expended, as appears to us of record. These are therefore to command that that of the goods and chattels, lands and tenements of the said Wade Hampton you cause to be made the aforesaid Debt and costs and that you have the same before the Judge of our said Court on the 2d Monday of March next to render to the said William Strong the debt and costs aforesaid

In testimony whereof I have hereunto set my hand as clerk and affixed the seal of office this 12th day of Feby 1827 and of the Independence of the United States the 51st
Geo W Ferebee Clerk

on the back of which was the following return indorsed by the Sheriff to wit. I certify that the within named defendant has no goods, chattels, lands or tenements whereon I could levy to make the within Debt & costs nor any part thereof
John H Rawls Depty
for D Mooney Sheriff

fees fourteen 50/100
which execution the defendants atty moved the court to instruct the Jury to disregard, which motion was over ruled by the court: The defendants by their attorney then offered as evidence a paper purporting to be a notice from William Strong to Nisa Campbell, in the words and figures follow-[Image of page 19] ing to wit) St Francis Phillips County Oct 18th 1826 Mrs Nisy Cambell Administratrix of the Estate of Wade Hampton Deceased. I do hereby notify that I shall apply at our next Term of Cort on the second Monday in Novbr next at the Town of Helena in the County of Phillips to Present my claim against said estate which is by virtue of an Endorsement by said decd Wade Hampton on a note of hand for four hundred and forty nine dollars on Moses Graham Together with cost and Interest yours
Respectfully Wm Strong
Mrs Nesy Campbell
(on which was the following endorsement) to wit
I delivered a coppy of the within Notice in Walnut Township October the 27th 1826 by mr John Hill
Dpty Sheriff

And also a copy of a record purporting to be a suit once passed upon in the Clark circuit court between Wm Strong assignee of Wade Hamton against Wm Blakely admr of Moses Graham deceased (in the words and figures following to wit) Province of East Florida)
Know all men by these presents that I Thomas Lamb of said province have given my son Arthur Lamb free and full power to trade with any person he may choose, and I do by these presents make my sd son Arthur Lamb a full and free agent to act for his self in any trade may think best for his interest or benefit Given under my hand and seal this the 6th day of January 1819
Thos Lamb (Seal)

John Mcgills } signed before me Isreal Barber J.P.C.C.
State of Georgia
Camden County
Know all men by these presents that I Arthur Lamb of the Province of East Florida prove this day constituted and appointed Wade Hampton Esqu of the State and County aforesaid as my lawful attorney to pursue suit for demand and recover in my name all or any part of the property of the Estate of my grand Father Thomas Cryer Senr or any other of my relations that may or shall [Image of page 20] hereafter be left to me by heirship, will, and or any other instrument of writing ways or means and he the said Wade Hampton as my lawful attorney is hereby fully authorized and impowered to take and use all lawful ways and means for the recovery of all or any part of the estate of my said grand Father that maybe left to me him or any other of my relations by heirship or otherwise. And I the said Arthur Lamb do further authorize and impower the said Wade Hampton to sue upon and recover and to take in to possession the said above above named property that may or shall be left to me by will or any other Instrument of writing ways or means by any or all of my relations at present and any other time hereafter. And I the said Arthur Lamb do authorize and impower the said Wade Hampton to act in all cases as he may think proper, for the recover of the aforesaid property in writing whereof I have here unto set my hand and seal this ninth day of January one thousand Eight hundred and nineteen.
Signed sealed and delivered
In presence of
David Turner
Elizabeth Turner
Henry W Hampton

Arthur Lamb (seal)

State of Georgia
Camden County
Personally appeared before me Isreal Barber one of the magistrates assigned to keep the peace for said County. Henry W Hampton who being duly sworn deposeth and saith that he was present and did see Arthur Lamb sign the aforesaid instrument of writing as his proper act and deed, and that he did also see David Turner and Elizabeth Turner his wife sign the said aforesaid instrument of writing as witnesses and this deponent also declared that he himself did assign the same as a witness also sworn and subscribed to this tenth day of January 1819
Isreal Barber J.P.C.C.
Henry W Hampton

[Image of page 21]
Georgia
Camden County
I do hereby certify that Isreal Barber is one of the magistrates of Camden County. Given under my hand this 16th day of January 1819 John Bailey C.C.C.C.C.

State of Georgia
Camden County
Know all men by these presents that I Timothy Hopkins one of the one of the Judges of the inferior Court do hereby certify that John Bailey is at this time an acting Clerk of the Superior or inferior Court of Camden County. Given under my hand this 16th day of January 1819
Timothy Hopkins J.J.C.C.

Province of East Florida
Received of Wade Hampton Esqr of Camden county and State of Georgia payment in full for all of my part of the estate of my grand Father Thomas Cryer decd that may be coming to me by Deed will or any other instrument of writing whatever I say received payment in full for all property that may be left to me by any of my relations whatever in any manner as witness my hand and seal this 9th January 1819
Test David Turner
Arthur Lamb(seal)

Know all men by these presents that I Wade Hampton Esq of the county of Arkansas and Territory of Missouri have this day been gained and sold unto Moses Graham of the County of Lawrence and Territory aforesaid, one negro man now in the possession of James Cummins Esq or in the possession of Morgan Cryer sen of Clark County known by the name of Pe or so called but is by the name of Pompey, twenty eight years old a slave for life which is willed to a certain Arthur Lamb by Thomas Cryer the drand father of said Arthur Lamb now I Wade Hampton Esqr as aforesaid do by a certain instrument writing commonally called a power of attorney, given or made to me by the aforesaid Arthur Lamb to ask demand & recover said negro man or any property left to him by Thomas Cryer as aforesaid now for the sum of Eight hundred dollars to [Image of page 22] me in hand paid by the said Moses Graham the receipt whereof I do hereby acknowledge, do warrant and forever defend the write title and claim of the said negro man Pompey to the said Graham his heirs or other representatives to the only benefit and behoof of him the said Moses Graham his heirs or other representatives in witness whereof I hereunto set my hand and seal this 18th day of June in the year of 1819
Test James Miles
Wade Hampton (seal)

Articles of agreement made and entered unto between Wade Hampton of the County of Arkansas and Territory of Missouri of the one part and Moses Graham of the County of Clark and Territory aforesaid, witnesseth that I the said Wade Hampton has this day sold unto Moses Graham a certain negro woman by the name of Siller slave for life about twenty years of age the said negro woman aforesaid was left or willed to a certain Arthur Lamb by Thomas Cryer the Grand Father of the said Arthur Lamb, and left in the possession of Morgan Cryer sen but the said Morgan Cryer has since that time given of the said negro Siller aforesaid to William Cryer and I the aforesaid Wade Hampton do by a certain power of attorney made to me by the said Arthur Lamb to ask demand receive from such of his relations as may hold any part or portion or species of property to him the said Arthur Lamb by himself and I Wade Hampton do further authorize Moses Graham as aforesaid to ask demand and recover as my agent from Morgan Cryer or any other person who may hold any part or all of said property and the increase if any there be & commence suit if necessary for the recovery of said negro woman and the increase if there is any and if the said property is given up to said Graham or received by law or other wise the said Moses Graham is to have the same and pay to the said Wade Hampton or his order four hundred dollars for the same whenever recovered & the said Wade Hampton is to furnish a true copy of a will made by Thomas Cryer well attested or proved according [Image of page 23] to law in testimony whereof we hereunto set our hands & seals this 18th day of June 1819
Wade Hampton (seal)
Moses Graham (seal)

Attest David McCormick
James Mils

Territory of Arkansas
County of Clark
In the court of Common Pleas for the County aforesaid to December Term 1821

Wm alias William Strong assignee of Wade Hampton by his attorney Sam C Roane complains of William Blakely administrator of all and singular the goods chattel rights and credits of Moses Graham deceased in a plea that he render unto him the said Wm Strong the sum of four hundred and thirty dollars which unjustly detains, For that whereas the said Moses Graham in his lifetime, now deceased heretofore to wit on the eighteenth day of June in the year of our Lord one thousand eight hundred and nineteen, at the county of Clark and within the proper jurisdiction of this honourable court made his certain promisory note in writing signed with his name & sealed with his seal and now here to be shown to the court the date whereof is the day and year last above written and thereby then and there promised to pay on or by the twenty fifth day of December then next ensuing to the said to the said Wade Hampton or order the sum of of four hundred and thirty nine dollars and the said Wade Hampton to whom or whose order the payment of the said sum of money is the said promissory note specified was thereby directed to be made after the making of said promissory note and before the payment of the money specified to wit on the twenty second of November AD one thousand eight hundred and nineteen at Clark County aforesaid endorsed or assigned the said promisory note and thereby then and there ordered ordered and appointed the said sum of money in the said promisory note specified to be paid to the said Wm Strong and then and there delivered the said promisory note so endorsed as aforesaid to the said Wm Strong of which said endorsement so made on the said note as aforesaid the said Moses [Image of page 24] Graham in his lifetime now deceased afterwards to wit (on the 15th day of May 1820 at Clark County aforesaid had notice) by means whereof and force of the Statute in such cases made and provided the said Moses Graham in his lifetime, now deceased, and William Blakely as administrator of all and singular the goods and chattels rights and credits of the said Moses since his death then and there became liable to pay to the said Wm Strong the said sum of money on the said note specified according to the tenor and effect thereof and of the said indorsement or assignment so made thereon as aforesaid and being so liable he the said Moses Graham in his lifetime now deceased in consideration thereof afterwards to wit on the day and year last aforesaid at the County of Clark afsd undertook and then and there faithfully promised the said Wm Strong to pay him the said sum of money in the said note specified according to the tenor and effect of the said note and of the said endorsement so made thereon as aforesaid. Yet within the said Moses in his lifetime nor William Blakely administrator of all and singular the goods and chattels rights and credits of the said Moses since his death, although often inquired hath not paid to the said Wm Strong the said sum of four hundred and thirty dollars specified in said note nor any part thereof but hitherto hath refused and still doth refuse the same to do to the damage of the said Wm Strong Five hundred dollars and therefore he brings -
Sam C Roane att for Plaintiff

Territory of Arkansas
County of Clark
United States of America
The the Sheriff of the aforesaid County Greeting - You are hereby commanded to summon William Blakely administrator of all and singular the goods and chattels rights and credits of Moses Graham deceased if he may be found in your bailiwick to be and appear before the Judges of the court of common pleas to be holden on [Image of page 25] the first Monday December next at the house of Jacob Bankmans in the county of Clark then and there to answer Wm alias William Strong assignee of of Wade Hampton of a plea that he render unto him the said Strong the sum of four hundred and thirty nine dollars which to him owes as administrator of all and singular the goods and chattels, rights and credits of the said Moses Graham deceased and from him unjustly detains to his damage five hundred dollars when and where you will have this writ.

Witness Henry L. Biscoe Clerk of our said Court Given under his hand and probate seal (this being no publick) at office this 26th day of September AD 1821 and of the Independence the 46th
Henry L Biscoe clk

William Strong assignee of Wade Hampton
vs } action of debt
William Blakely admr of Moses Graham

And the said defendant comes and defends the wrong and sayeth as to that Declaration he hath no need neither is he bound by the laws of the land to answer which he is ready to verify and for special cause of demurrer according to the statute in such cases made and provided he here set down and shews to the court the causes following viz 1st because an action of Debt could not be maintained in this case there being no privity of contract between any of the parties. 2d because an action of debt could not be maintained against the administrator. 3rd Because the declaration is brought in the debt and detinue, whereas he could not be said to detain any case within one year or at time, 4th wherefore for want of sufficient declaration and matters rights and things therein contained the said William pray Judgment and that the same may be granted.
Perly Wallis att for Deft

And for further plea the said defendant sayeth that the said note was obtained by fraud and without consideration and was delivered on certain [ ] which [Image of page 26] are explained in certain papers in the hand of the administrator. And also pleads payment of the full amount of in money of said note which he here now gives notice and prays maybe inquired of by the country
Perly Wallis atty

Territory of Arkansas
Clark County
Court of Common Pleas
March Term 1821

William Strong assignee of Wade Hampton
vs } Debt
Moses Graham
Ordered by the court that an alias issue in the above case directed to the coroner. –
Circuit Court march Term 1822
William Strong assignee of Wade Hampton
vs } Debt $439
William Blakely administrator of Moses Graham dcd
Leave granted plaintiff to amend his declaration and cause continued until next Term

Clark County circuit July Term 1822
Wm Strong assignee of Wade Hampton
vs } Trespass on the case damage $450
Wm Blakely admir of Moses Graham decd
This case continued untill next Term.

Circuit Court March Term 1823
William Strong assignee of Wade Hampton
vs } Debt $430
William Blakely admr of Moses Graham Decd
The parties appeared by their attornies and the defendant plead specially that the note upon which this suit was instituted was obtained through fraud and for want of consideration upon which plea the defendant tendered an issue and the Plaintiff Joined. Thereupon came a jury viz. Jesse Dean, Robert Whitehead, Jesse Scarborough; Stephen Kellogg, Reuben Bollinger, Joshua Morrison, George Stroope, Zachariah Davis, John Bankman, Samuel Gibbins, John Glover, John Richards, who being elected tried [Image of page 27] and sworn well and truly to try the issue Joined upon their oaths say that we of the Jury find for the defendant. It is therefore considered by the court that the defendant have and recover of the Plaintiff his costs by him in this suit expended and that the said Plaintiff be in mercy &c.

I Thomas S. Drew Clerk of the circuit court in & for the County of Clark and Territory of Arkansas, do certify that the aforegoing pages numbered 1.2.3.4.5.6.7.8.9& 10 are a true copy of all the original papers and proceedings had in the case William Strong assignee of Wade Hampton vs } William Blakely administrator of the estate of Moses Graham Deceased together with all things touching the same in our said circuit Court.

Given under my hand and private seal there being no publick seal provided) at office this 12th day of December A.D. 1825 and of the Independence of the United States of America the Fiftieth
T.S. Drew clk

the defendants by their atty then offered in evidence papers prepatory to his suit once passed upon which notice and copy of record the court refused to suffer to be read as evidence in this case, to which opinion of the court the defendants by Horner their attorney excepts and filed his bill of exception, (in the words and figures following to wit) Be it remembered that on the trial of this case the defendants offered to read to the Jury a paper purporting to be a notice from William Strong (for whose use this suit is brought) to Mrs Nisey Campbell administratrix of Wade Hampton deceased notifying him that he should apply at the time of the court circuit court for said County to be holden on the second Monday in November 1826 to present his Claim against said estate which was by virtue of an endorsement by said deceased Wade Hampton on [Image of page 28] a note of hand for four hundred and thirty nine dollars on Moses Graham together with costs and interest and a copy of a record purporting to be a suit once passed upon in the court of Clark county in this Territory between William Strong assignee of Wade Hampton against William Blakely administrator of Moses Graham deceased both of which papers belong to the files and records of this court which papers the Court would not permit to be read to which opinion of the court the defendants Excepts and prays that this his bill of Exceptions may be signed and sealed
J. Woodson Bates (seal)

which was signed and sealed by the court and made a part of the record. The jury after hearing all of the evidence then returned and afterwards brought into court the following verdict "we of the jury find that Nisa Campbell failed to administer the said estate according to law by not making annual settlements as the law requires, and assess the damage of William Strong at four hundred and thirty nine dollars principal Debt, and two hundred and fifty six dollars and Eighty four cents interest due on the same." It is therefore considered by the court that the said George Izard governor as aforesaid plaintiff, have and recover to the use of William Strong of and from the said defendants, the said sum of Four hundred and thirty nine dollars debt, and two hundred and fifty six dollars and eighty four cents interest, together with the amount of his costs in and about his suit in this behalf expended, and that the said defendants be in mercy &.c. whereupon the defendants gave notice of appeal. February 4th 1827 The Clerk of the circuit court for Phillips County will issue an execution in this case directed to the Sheriff of Phillips County
Edwin T. Clark atty for Strong
March 30th 1830
which Execution was issued in the words and [Image of page 29] figures following to wit -
Territory of Arkansas
County of Phillips
United States of America
To the sheriff of Phillips County Greeting:
Whereas George Izard Governor of the Territory of Arkansas, at the Term in September of our circuit court before our Judge hath recovered to the use of William Strong against Samuel Campbell and Nisa Campbell his wife late Nisa Hampton William Patterson administrator of the estate of William Dunn deceased and William BR Horner administrator of the estate of Ichabod deceased the sum of four hundred and thirty nine dollars debt and two hundred and fifty six dollars and eighty four cents interest, and also the further sum of sixty one dollars & fifty five cents, which to the said George Izard Governor as aforesaid to the use of William Strong were adjudged for his costs in and about his suit in his behalf expended as appears to us of record. These are therefore to command you that of the goods & chattels, lands and tenements of the said Samuel Campbell and Nisa Campbell his wife late Nisa Hampton William Patterson administrator of the estate of William Dunn deceased and William BR Horner administrator of Ichabod Dunn deceased. You cause to be made the aforesaid debt Interest and costs, and that you have the sum before the judges of our circuit court at our next Term in June to render to the said George Izard governor as aforesaid to the use of William Strong the debt interest and costs aforesaid, and that you certify to our said judge how you have executed this writ and have you then there this writ.

In testimony whereof I have hereunto set my hand as Clerk and affixed the seal of office this first day of April AD 1830 and of the Independence of the United States the 54th
Austin Kendrick clerk
on which is endorsed the following credit [Image of page 30]
The sheriff is directed to credit the within execution the sum of $538.00
Edwin T Clark attorney
for William Strong

(and also the following return made by the sheriff)
The within execution levied on the lands specified in the advertisement hereunto annexed marked A (and to be considered part of this return) in the words and figures following to wit) By virtue of a writ of Execution, issued from the office of the Clerk of the circuit Court, and to me directed I will expose to sale, at Public Vendue, at the court house door in the Town of Helena, on the 8th day of June next it being the second day of our said Circuit Court and while the court is sitting the following described property viz: The Southwest quarter of section nineteen of Township one North Range four East containing one hundred and sixty acres, and Patented to Gray Boggs, also the south west quarter of section thirty two of Township two north in Range four east containing, one hundred and sixty acres and Patented to Simon Treet, also three hundred acres (be the sum more or less of land situated on the Mississippi River in the Walnut Bend being a part of a tract of six hundred and forty acres originally confirmed to Phibi Dunn s Heirs I shall offer all the right title and estate which William Dunn deceased to the aforesaid described land.
Taken in Execution as the property of the said William Patterson administrator of the said William Dunn decd and sold to satisfy a Judgment rendered by the circuit Court at the September Term 1829 in the aforesaid suit. Sale to take place between the hours of 9 0' o clock in the forenoon and 3 0' o clock in the afternoon of said day and due attendance given by me
Henry L Biscoe Sheriff of Phillips County A.T.

Helena
May 11th 1830

[Image of page 31]
and only advertised according to law which lands were not sold by reason of the order of the Plaintiffs attorney endorsed on this execution (Shff fees
Levying 1.00
50 miles circular 3.50
2 ½ per cent commission on $300 7.50
1 per cent on $238 2.38
$13.38

The above amount of 538 was credited since the execution was delivered into my hands as appears by the endorsement of E T Clark atty for Wm Strong
H L Biscoe shff )

(order of Plaintiff) to wit)
The sheriff of Phillips County is hereby ordered by consent of the respective parties to this suit to suspend the sale of property levied on by virtue of this execution and not to expose the same to sale at this time.
Wm Cummins Attorney
for Wm Strong
WM BR Horner for Deft
June 8th 1830
There were also the following statements made by the Clerk on the said Execution to wit
Judmt 16th Septr 1829 for $695.84
Clerk T.S. Drew 3.72
Clerk H L Biscoe 14.69
J.H. Rawls .50
Clerk Ferebee 9.82
Tax & Issuing fee 2.00
Shff Biscoe 8.66
3 demand fees 9.00
1 Jury fee 3.00
Docket fee 6.00
This writ & Tax 2.00
$755.23
Attest
Austin Kendrick Clerk
And also was filed a bound in the words and figures following to wit.

[Image of page 32]

I hereby bind myself my heirs &c that I will not demand any part of a Judgment which I have lately obtained in the Phillips circuit Court from the heirs legatees or representatives of Ichabod Dun deceased or out of the estate of said deceased which Judgment is against Samuel [and Nisa] Campbell William Patterson administrator of [William] Dunn deceased and William BR Horner administrator of the estate of Ichabod Dun deceased and I further bind myself to make no levy of the goods and chattels lands and tenements of said Ichabod Dunn and I hereby require all officers whatever sheriffs or coroners charged with the execution of any process for collecting the amount or any part of said Judgment not to levy the same on the property of the estate of the said Ichabod deceased- and I further bind myself to enter full satisfaction of said Judgment on the records of Phillips Circuit Court when the sum of five hundred and twenty dollars shall be paid to me with the costs of the suit upon which the said judgment is founded. The estate of Ichabod Dunn is thus exempt by me from the above judgment from my knowledge and belief that the said estate is not equitably bound to pay any part of the same and upon the express condition that the Heirs of said estate shall not delay or in any way suspend the said Judgment by appeals writs of error of proceedings in chancery - Given under my hand and seal Sept. 18th 1829.
Wm Strong (seal)

Filed Sept Term 1829
Geo W Ferebee Clk

and the following receipts are on file (in the words and figures following to wit, St Francis County Feb 16 1830. Received of Wm Patterson Administrator of Wm Dunn decd four hundred and fifty dollars it being in part of a Judgment obtained in [Image of page 33] my favor against said Admr at the Septr Term of the Circuit Court within and for the County of Phillips 1829 & Territory of Arkansas Wm Strong
Filed July 1st 1830

Austin Kendrick Clerk
St Francis March 23rd 1830
Received of Wm Patterson admr of Wm Dunn decd Eighty seven dollars and 76 1/4 cents it being on account and in part of a Judgment obtained in the Phillips County Circuit Court against said admr and others in my favor at the sept 1829 Wm Strong
Filed July 1st
Austin Kendrick clk

I A Kendrick clk of the circuit court within and for the County of Phillips and Territory of Arkansas, do certify that the foregoing pages from one to thirty inclusive are a true perfect and entire copy of all the original papers on file and proceedings in the case of William Strong George Izard governor of the Territory to the use of William Strong vs. Samuel Campbell admr and Nisa Campbell late Nisa Hampton admx of the estate of Wade Hampton deceased William Patterson admr of the estate of William Dunn deceased and William BR Horner administrator of the state of Ichabod Dunn deceased together with all things touching the same
In testimony whereof I ha[ve here]unto set my hand as Clerk and [affix]ed the seal of office at Helena [    ] 9th day of July A.D. 1831 an[d of the Inde]pendence of the United States the 56th
A. Kendrick Clerk

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