The Clerk of the Superior Court for the Territory of Arkansas is hereby ordered to issue a writ of error on the within case upon the Plaintiff to operate as a supersedeas, upon the Plaintiff in error entering into bond surity, with such conditions as the law requires
Tho P Eskridge, Judge
of Superior Court.

(Center)
Cornwall
vs } Record
Griswell &c

Filed 3d Octo 1831
and Supersedeas &c
issued same day
Test. W Field clk

Fee $3.50

Copy Record
Independence C Court
J A Corwall assn
against
A Griswell &
DC Ruddell

Clks fees this copy $1.92
Ct Seal 50
Tax on seal 50
$2.92

[Image of page 2]
At a circuit court begun and held at the Court house in the town of Batesville County of Independence Territory of Arkansas amongst the proceedings of the said Court is to be found the following —

"United States of America
Territory of Arkansas
Independence County
Circuit Court May Term 1831

"Josephus A. Cornwall by attorney complain of Ambrose Griswell and Daniel C Ruddell of a plea that they render unto him the sum of two hundred dollars which to him they owe and from him they unjustly detain For that whereas the said Ambrose Griswell and Daniel C Ruddell heretofore, to wit: on the twelfth day of April in the year one thousand eight hundred and thirty, in the county of Independence aforesaid and within the jurisdiction of this Court by their certain writing obligatory, sealed with their seals, and now here to the Court shewn, the date whereof is the day and year aforesaid, acknowledged themselves and each of them to be held and firmly bound unto one Mordecai T Howard, in the aforesaid sum of two hundred dollars above demanded to be paid to the said Mordecai T Howard on or before the first day of December then next ensuing for value received, and then and there delivered the said writing obligatory to the said Mordecai Howard and the said Mordecai T Howard afterwards to wit, on the Eighteenth day of December in the year aforesaid and in the county and jurisdiction aforesaid by his written assignment thereon his own proper hand being thereunto subscribed thus "M T Howard" [Image of page 3] for value received assigned the said writing obligatory the same being still unpaid to the said Josephus A Cornwall, by the description of "J A Cornwall" and then and there delivered the said writing obligatory to the said Josephus A Cornwall; By means whereof and by virtue of the statute in such case made and provided, an action hath accrued to the said Josephus A Cornwall to have and to demand of the said Ambrose Griswell and Danl C. Ruddell and each of them the said sum of two hundred dollars according to the tenor and effect of the said writing obligatory then of the assignment of the said Mordecai T Howard so made thereon as aforesaid. Yet the said Ambrose Griswell and Daniel C Ruddell nor either of them, although often requested so to do did not pay the said sum of two hundred dollars above demanded, or any part thereof although often requested so to do to the said sum Mordecai T Howard before his assignment so made as aforesaid, nor have they as yet paid the same, or any part thereof although often requested so to do to the plaintiff since the said assignment so made as aforesaid but have hitherto wholly neglected and refused and still neglect and refuse so to do to the damage of the said Josephus A Cornwall of Ten hundred dollars, and therefore he brings this suit
Fowler atto
for Plaintiff

"The Clerk of the Circuit Court for Independence County will immediately issue & deliver to the sheriff of said County with instructions to execute it on the defendants at least thirty entire days before the [Image of page 4] commencement of the next May Term of said Court (AD 1831) a writ of capias ad respondum on the foregoing declaration and endorse the same. "This is an action of debt founded on a writing obligatory and bail in the sum of $200 is required"-
Fowler atto
pro actone

"Territory of Arkansas
United States of America
ss
To the sheriff of Independence County Greeting. You are hereby commanded to summon Ambrose Griswell and Daniel C Ruddell if they be found within your bailiwick to appear before the Judge of our circuit Court, at the Court House in the County aforesaid on the first day of our next May Term, then and there to answer Josephus A Cornwall assignee of Mordecai T Howard to a plea of debt on a writing obligatory Damage Two hundred dollars and that you make due return of this writ to our said Court

In Testimony whereof I have set my hand as Clerk, and affixed the seal of office, this 16th day of March 1831; and of the Independence of the United States the 55th

C F M Noland Deputy clk
for John Redmon Clerk Circuit Court Independence Co.
(Seal)

Filed 16th March 1831
John Redmon clk

This is an action of Debt founded on a writing obligatory and bail in the sum of two hundred dollars is required
John Redmon clk CC

Came to hand March 17th 1831
J H Egner Dpty sheriff

[Image of page 5]
"Ruddell Township
"Batesville } Executed the within by taking bond "and security on the 26th day of March 1831 which Bond "is herewith furnished

Service $1.00
JH Egner Dpy Sheriff

"Territory of Arkansas Independence County Know all men by these presents, That we, Ambrose Griswell Daniel Ruddell and John Ruddell are held and firmly bound bound unto Charles Kelly sheriff of the County of Independence and his successor in office, in the just and full sum of Two hundred dollars good and lawful money of the United States, the payment of which well and truly to be made we bind ourselves our heirs executors and administrators firmly by these presents.-

Signed with our hands and sealed with our seals and dated this 26th day of March in the year of our Lord one thousand eight hundred and thirty one

The conditions of the above obligation are such that if the above bounden Ambrose Griswell and Daniel Ruddell shall well and truly be and appear before the Judge of our circuit Court at a court to be holden in the town of Batesville on the 2d Monday of May next and answer unto J A Cornwall assignee of M T Howard in an action of debt founded on a writing obligatory and if judgment be given against them at that or any subsequent term of our said Circuit Court, that they will well and truly abide the Judgement of said court, pay the Debt and costs that shall be adjudged against them, or surrender themselves in Execution, or that their security will do the same for them [Image of page 6] then this obligation to be null & void. Otherwise to remain in full force and virtue. In Testimony whereof we have herewith set our hands, and affixed our seals, the day and year above written
In the presence of
Ambrose Griswell (s)
D C Ruddell (s)
John Ruddell (s)

On the third day of the May Term of said Court in 1831 appears upon record in the foregoing suit

"Josephus A Cornwall assee
of Mordecai Howard Plff
vs} Debt
Ambrose Griswell &
Daniel C Ruddell Defendts

The Defendants by their attorney appeared and filed Two pleas to wit. 1st Special fraud and 2d General fraud coven and misrepresentation, to which 1st plea the plaintiff by his attorney demurs, which demurrer is sustained by the court & it is further ordered by the court that the Plaintiff recover of the Defendants the costs about their demurrer in this behalf expended &c

Ambrose Griswell &
Danuel C Ruddell
ads
Josephus A Cornwall assee
of Mordecai T Howard
And now on this day the defendants by their attorney come and defend the wrong & injury when &c and say that the said plaintiff ought not to have or maintain his aforesaid action thereof against them, Because they say that the said writing obligatory mentioned in said declaration was obtained from the said defendants by said Howard (and others in collusion with him by fraud covin & misrepresentation [Image of page 7] that is to say just before the making of the said writing obligatory to me on the 12th day of April 1830 at the County of Independence aforesaid said Howard sold and delivered to said Griswell one of said defendants a certain seed horse and at and previous to said sale and delivery promised and agreed and represented with and to said Griswell that he the said Howard would not bring or sell any other Seed horse to stand in the neighbourhood so as to interfere with said Horse so as aforesaid sold and delivered to said Griswell and for the further consideration of said promise agreement and representation So as aforesaid made by said Howard to and with said Griswell then defendants agreed & promised to pay to said Howard the sum of six Hundred and twenty five dollars in manner following, to wit, two hundred & twenty five dollars in hand which was then and there paid by said Griswell to said Howard, also said writing obligatory mentioned in said Declaration and one other writing obligatory for the sum of Two hundred dollars payable on the first day of December 1831 to wit at the county aforesaid But these defendants say that said Howard did on the first day of November 1831 at the County aforesaid & previous to the assignment of said writing obligatory mentioned in said declaration to said Plaintiff bring and sell another seed Horse in the neighborhood of said Griswell so as to interfere with and lessen the value & benefit of said first mentioned seed horse so as aforesaid sold and delivered to said Griswell to wit at the county aforesaid wherefore they the said Defendants say that the said writing obligatory in said declaration mentioned was & is void in law and this they are ready to verify wherefore they pray judgment if they ought to be charged with said debt by virtue of said writing obligatory mentioned in said declaration &c. And these defendants for further plea say that they said plaintiff ought not to have or maintain [Image of page 8] -tain his aforesaid action thereof against them because they say that the said writing obligatory in said declaration mentioned was obtained from the said defendants by said Howard by fraud coven and misrepresentation to wit at the County aforesaid wherefore they the said defendants say that the said writing obligatory was and is void in Law and they the said defendants are ready to verify wherefore they pray judgment if they ought to be charged with the said debt by virtue of said writing obligatory mentioned

T Hickman att for Deft
Replication & issue to the second plea
Fowler & Dickinson

"Josephus A Cornwall assee
"of Mordecai J Howard
vs } Demurrer
"Ambrose Griswell & DC Ruddell
"Territory of Arkansas
"Independence Circuit Court
"May Term 1831

"And the said Josephus A Cornwall as to the first plea of the said defendants by them first above pleaded saith that the same and the matters therein contained in manner and form as the same are first above pleaded and set forth are not sufficient in law to Bar or preclude him the said Josephus A Cornwall from having or maintaining his aforesaid action thereof against them the said defendants, and action thereof against them the said defendants, and that the said plaintiff is not bound by the law of the land to answer the same and this he the said Plaintiff is ready to verify wherefore for want of a sufficient plea in this behalf he the said plaintiff prays Judgement and his debt aforesaid together with his damages by him sustained, on occasion of the detention thereof to be adjudged to him &c
Fowler atto for Plaintiff

"Joinder T Dickinson Defts atto."

[Image of page 9]
"Ambrose Griswell &
DC Ruddell
ads }
JA Cornwall
assee of M J Howard

Be it remembered that on this 11th day of May 1831, this case came on for trial, upon a general plea of fraud, coven, and misrepresentation, to which there was replication and issue joined

"On the trial a writing obligatory was given in evidence by the Plaintiff the Defendant introduced one Hugh Tinnin to prove that said writing obligatory was given in part payment of a seed Horse sold and delivered by said Howard to said Griswell, that said Tinnin drew said note, and that said Howard told him said Tinnin that he said Howard has sold said horse to said Griswell for the sum of $625 and that he Howard was not to bring any other horse in the Bounds to interfere or injure said Griswell in standing said horse, that subsequently said Howard did bring another seed Horse and sell him to another person so as to interfere and injure said Griswell in standing said seed Horse so purchased by him of said Howard. to which evidence the Plaintiff counsel objected upon the ground that it did not sustain the plea; that it was not evidence of fraud on the part of Howard and not a sufficient defence at law which objection was sustained by the Court. to which opinion of said Court said defendants except & pray that this their Bill of exceptions may be signed sealed & made a part of the record in this case
"Tho P Eskridge"

Same
vs } Debt
Same
"By consent the Plaintiffs replication to the Defendants second plea of fraud coven and misrepresentation is entered in short on the record to which the Defendants joined issue and therefore [Image of page 10] came a Jury to wit Jesse Bean, William Morris, John Ringgold, William Connelly, Charles H Pelham, Thomas J Carter, Robert Bates, George Caldwell, James Searcy, Isaac A Morris, Richard Harris and Henry Perry Twelve good and lawful men who being duly sworn returned into the Court the following verdict, for the Plaintiff Debt $176 and Damage $4.68 cents. It is therefore considered by the court that the Plaintiff have and recover of and from the said Defendants the aforesaid sum of one hundred and seventy six dollars Debt & four dollars & sixty eight cents Damages together with all the costs in this suit expended & that execution issue therefor and the Defendant in Mercy" &c

Execution issued on the 20th day of May 1831. for $180 60/100 Debt and $21.08 costs

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