This transcript $4.90
certificate & seal .50
$5.40

Attest
A. M. Oakley
clerk

Filed 11th Jany 1832
W. Field clk.

Costs taxed page 138

July Term 1832

United States of America
Territory of Arkansas } Sct
County of Hempstead

I Allen M. Oakley clerk of the circuit court in and for the county & Territory aforesaid do hereby certify that the annexed and foregoing nineteen pages contanes contains a true and perfect transcript of all the proceedings had in said case as appears from the records of my office.

In testimony thereof I have hereunto set my hand as clerk and affixed the seal of my office at Washington this 27th day of December A. D. 1831. and of the Independence of the United States the 56th.

Allen M. Oakley
clerk

[Image of page 2]

United States of America
Territory of Arkansas } Sct
County of Hempstead

Pleas before the Honorable the Judge of the circuit court of the county aforesaid at the court house in the town of Washington in said county on the 12th October A. D. 1831.

Be it remembered that John Tilford James Trotter Jr and George Trotter by their solicitor heretofore to wit on the 30th day of August A D 1830 filed in the clerks office of the Hempstead circuit court his certain bill in chancery in writing against Allen M. Oakley which said bill is in the following words and figures, to wit.

To the Honorable the Judge of the circuit court for the county of Hempstead in the Territory of Arkansas Humbly complaining Sheweth unto your Honours–your oratory John Tilford James Trotter Jr and George Trotter all citizens of Bath county, in the State of Kentucky that on the 20th day of November 1821 your orators then trading under the firm of Tilford Trotter &co by their Attorney filed their bill in chancery before the Honorable the Judge of the Bath circuit court in the State of Kentucky ? against against Allen M. Oakley and Thomas Deye Owins and such proceedings were thereupon [Image of page 3] had that afterward, to wit, on the fifteenth day of August 1823 at a court held at the court house in Owinsville in the said county of Bath in the State of Kentucky before the Honr Silas W. Robins circuit Judge for the eleventh Judicial District for the State of Kentucky by the order and decree of said court your orators recorded recovered against the said Allen M. Oakley the sum of one hundred and Thirty three Dollars and eighteen cents with interest thereon at the rate of six per cent per annum from the 29th day of July 1818 until paid and also their costs by them about their suit in that behalf expended a duly authenticated copy of which said bill proceedings and Decree your orator, here now exhibits marked A and which your orators pray may be taken and considered as a part of his bill your orators further represent to your Honor that the said Decree so recovered as aforesaid still remains in full force and effect Not reversed satisfied or otherwise vacated nor hath your orators had any performance execution or satisfaction of the same In tender consideration whereof and for that your orators are wholly without remedy in the ordinary course of the common Law, your orators therefore prays your Honors to order and Decree the full amount of said sum of money with interest and costs aforesaid against said Defendant and also to Decree such other and further relief [Image of page 4] As to Equity belongs and that your Honour will grant them your writ of Subpoena Directed to the said Allen M. Oakley commanding him to appear and answer this bill &c. and orators will ever pray &c.

Samuel Hall solicitor
for the complainant

And on the 30th day of August A.D 1830 a record a transcript of a record was filed in the clerks office of the Hempstead circuit court which is the record referred to in said bill which is in the following words and figures, to wit.

State of Kentucky Bath Circuit Sct:
Pleas before the Honr. The Judge of Bath Circuit Court at the courthouse in Owingsville on the 15 day of August 1823

Be it remembered that heretofore to wit on the 20th day of November 1821 the Complainats by attorney filed their Bill. bill in the words and figures following to wit "to the Honr Judge of the Bath Circuit Court in Chancery sitting your orators John Tilford James Trotter Jr & george Trotter Trading under the firm of Tilford Trotter &Co. respectfully represent on the 28th November 1816 Allen M. Oakley & Thomas Deye Owings entered into Articles of partnership in the purchase & vending of merchandise by the terms of said article of said Article said Owings sold his stock of merchandise now on hand to said Allen M. Oakley for cost and [Image of page 5] carriage And the said Owings is Equally interested in the purchase sales and profits of all the goods purchased by said Oakly of Harreson Trumbo &Co and all they since the commencement of business by said Oakley Owings the business to be conducted Consid? in the name of Allen M. Oakley as long as the partnership exist but no purchase to be made by either party unless by consent of the other your orators alledge for several years said firm was continued Confirmed by the purchase and sale of merchandise and carried in the name of said firm Allen M. Oakley and during said time said Thomas Deye Owings & Allen M. Oakley who is made defendant hereto made many purchases in Lexington and else where which was carried for to the firm and during the time to wit 29th Nov. 1817 purchased a large assortment of merchandise to the amount of $ upon which he executed the said deft. Oakley executed his seperate promisory note eight months after date for $133.18 cents which yet remains due and unpaid which note is here with filed as part of this bill Your to wit orator charges that said merchandise purchased as afsd came into the firm and all was by said Allen M Oakley for the use of the firm and the proceeds went to their use and benefit of said Oakley & Owings [Image of page 6] The defts. Your Towit Orator alledges said purchases was made by the consent of said Owings & Oakley To wit Your Orator said Oakley to be wholly & utterly insolvent and not a cent and all tho the the said Owings is equitable bound bound to pay the same he wholly refuses. Your orator prays this bill may be considered as a bill of discovery ------- taken as such and the defts discover on oath and filed their Articles of partnership and when filed Taken as part of this bill and as Your Orators are without Complete remedy at law and only completely relieveable in Equity to the end therefore Your Orator prays your Honor to decree the full amount of said note afd and interest and costs against said defts afsd and also decree such other & further relief as to Equity belongs and he will ever pray &c prays common wealth writ of esp------ and will ever pray & Tripplett P. Q

The following is the note made part of the bill note "$133 18/00 within Eight months I promise to pay to the order of Tilford Trotter &Co. One hundred &thirty three dollars & 18/100 in country Linen at the cash market prices delivered in Lexington for value recd Witness my hand this 29th Nov. 1817
Allen M. Oakley
Test
W.L. Richards
Wherefore the following subpe in chy [Image of page 7] issued To Wit The Common Wealth of Kentucky to the Sheriff of Bath County Greeting You are hereby Commanded to summon Thomas Deye Owings and Allen M. Oakley to appear before the Judge of the Bath Circuit Court at the Court house in Owingsville on the first day of our next May Term to answer a Bill in Chancery exhibited against them by John Tilford James Trotter & George Trotter trading under the firm Tilford Trotter & Co. and this he shall in no wise omit under the penalty of 100£ and have then there this Writ Witness John A. Turner Clerk of oursaid Court this 27th day of December 1821 & in the 30 year of the Commonwealth.
John A. Turner

On Which the Sheriff made the following Endorsements as a return Towit, Executed on the Within named Thomas Deyer Owings on the 27th Febury 1822 agreeable to the Commands of the within named Writ, the within named Allen M Oakley not found in time to execute On this 13th May 1822 and afterwards, towit, on the 24th day of August 1822 at a court held for the circuit afsd at the Court house in Owingsville this day Came the Compts by their atto & on their motion and it appearing to the satisfaction of the Court that Allen M. Oakley is no inhabitant of this Commonwealth and he not having entered his appearance herein agreeably to Law and the rules of this Court. It is therefore ordered by the court that unless he does make his appearance herein on or before the first day of our next May term and file his answer plea or demurrer to the complainants bill that the same shall be taken for confessed against him and the matters and things---- therein decreed accordingly and it is further ordered that a copy of this order be inserted in some duly authorised newspaper of Kentucky Two Calendar months successively and the cause is continued [Image of page 8] until the next term, and afterwards. To wit, at a court held as afsd on the 21st day of November in the year of last afsd this day came the complts by their atto and it appearing to the satisfaction of the court that the defts, Allen M. Oakley is no inhabitant of this Commonwealth and he having failed to enter his appearance herein agreeably to law and the rules of this court it is therefore ordered by the court that unless he does make his appearance herein on or before the first day of our next May term and file his answer plea or demurer to the Complts bill that the same shall be taken for confessed ags him and the matters and things decreed accordingly and it is further ordered that a copy of this order be inserted in some duly authorised news paper of Kentucky for two Calendar Months successively & the cause is continued, and afterwards To wit on the 5th day of April 1823 the Complts filed the following notice & depositions of W. L Richards as follows, to wit, Col Thomas Deye Owings, take notice that I shall on the fourth Monday in March present instant Take the depositions of sundry witnesses at the counting room of Tilford & Trotter Lexington to be read in Evidence in said a suit now depending in Bath Circuit Court between us Complts & you A. M. Oakley defts and shall adjourn from day to day until Completed March 8. 1823
Tilford & Trotter

Messrs Thomas ? Deye Owings and Allen M. Oakley Take notice I shall attend at the counting house of Tilford Trotter &Co. in Lexington Kentucky on the fourth Monday in March next. I shall take sundry depositions to be read in Evidence in a Suit in Chancery wherein We are complainants and you defts in Bath Circuit Court between the hours of sunrise twelve and Sun Set and I shall adjourn from day to day until completed

[Image of page 9]

Janry 18. 1823
Tilford Trotter &Co

The depositions of William L Richards of lawful age Taken at the counting house of Tilford Trotter &Co in Lexington Ky. agreeably to a notice hereto annexed to him read as Evidence in a suit in chancery depending in the Bath Circuit Court wherein Tilford Trotter &Co, are complts. and Thomas Deye Owing & Allen M. Oakley are defts. on this fourth Monday in March 1823. This deponent being first sworn Saith that the notes hereunto annexed which he now marks by attesting. given and signed by Allen M. Oakley to Tilford Trotter &Co. each for One hundred and Thirty three dollars & 18 cents are payable within six & the other within Eight months from their date on the 29 Nov. 1817 were given & executed by said Oakley for goods, wares & Merchandize sold to him out of sd Tilford Trotter &Co store in Lexington this deponent being then a clerk in said Tilford Trotter &Co store in Lexington The said notes being payable in country Linens at the cash market price delivered in Lexington & not being interrogated further this deponent saith not.
W.L. Richards

Fayette County, To wit,
The foregoing deposition of William L. Richards was taken agreeable to the above caption and the notice annexed before me a Justice of the peace for the county afd this 24 day of March 1823 & the fourth Monday in Said month, Fee one dollar pd sd P. ? by John Tilford

[Image of page 10]

The following are the notes referred to in the foregoing deposition of "$133 18/100 Within Six months I promise to pay the order of Tilford Trotter & Co One hundred and thirty three dollars & 18/100 in Country Linen at the cash market prices delivered in Lexington for value recd.
Witness my hand this 29th Nov. 1817
Allen M. Oakley

Test
W. L. Richards,;
on which note are the following endorsements.
Janry 12: 1818 By Bill Linen $80 60/100 T.T.&Co
June 9: 1818 By Bill Linen $69.– T.T.&Co.
Tilford, Trotter &Co.

2d note
$133 18/100 Within Eight months I promise to pay to the order of Tilford, Trotter &Co One hundred and thirty three Dolls. & 18/100 in Country Linen at the cash market prices delivered in Lexington for value recd Witness my hand this 29 Nov. 1817
Allen M. Oakley
Test
W.L. Richards
On which note are the following Dr
to 1 to pack goods by– 61 Decr 1817

Tilford Trotter &Co and afterwards to wit At a Court held for the Circuit of Bath at the Court house in Owingsville on the 20 May 1823 this day came to the parties by atto. & on motion this cause is Continued until the next term and at a Court held as afsd on the day & year afsd came the Complt by their Counsel, and filed their order of publication & notice duly certified which are as follows: "Bath Circuit Sct Nov. Term 1822

Tilford Trotten &Co. Complts.
[Image of page 11]
against } In chy.
Allen M. Oakley & others defts
this day came the complts: by their attorney and It appearing to the satisfaction of the court that the deft: Allen. M. Oakley is no inhabitant of this Commonwealth and he having failed to enter his appearance herein agreeably to law and the rules of this court. It is therefore ordered by the court that unless he does enter his appearance herein on or before the first day of our next may term and file his answer plea or demurer to the complts: bill that the same shall be taken for confessed against him and all the matters and things therein decreed accordingly. and It is further ordered that a copy of this order be inserted in some duly authorised newspaper of Kentucky Two Calendar months successively—
A Copy
Teste
J. A. Trumbo
D.C. B. C C

I do hereby certify that the annexed order in chancery has been inserted two Calendar months successively in the Columbian Spy a weekly news paper printed published in Mounterling and duly authorised by the Legislature of Kentucky.
May 12, 1823

Ambrose D. Mann
Ed Columbian Spy

Messrs. Thomas Dye Owings and Allen M. Oakley Mr. Oakley Take notice I shall attend at the counting house of Tilford Trotter &Co in Lexington Kentucky on the fourth Monday in March next I shall take Sundry depositions to be read in Evidence in a said in Chancery wherein we are complts. and you defts in Bath Circuit Court on [Image of page 12] between hours the ? of sun rise and sun set and shall adjourn from day to day until Completed–

Jany 18th 1823
yours &c
Tilford Trotten &Co
I do hereby Certify that the annexed notice has been published four times in succession in the Columbian Spy an authorized news paper of this state.
A.D. Mann
Eds. Col Spy–

And afterwards to wit at a Circuit Court held as afsd at the court house in Owingsville on the 13th day of August 1823. This day came the parties by their attornies and the defendant Owings filed his answer which is as follows the seperate answer of Thomas Deye Owings to a bill in Chancery Exhibited against him & of Allen M. Oakley by Tilford Trotter &Co in the Bath Circuit Court: this defendant saving all just appea exceptions to the many errors false statements and of the right of the Complts to Equity to have the matter set out in their said bill adjudicated upon But for answer thereto says it may be true that a partnership did for some time exist between his Co defendts Allen M. Oakley & himself such as expressed in a Copy of the Articles of partnership filed among the papers this said this respondent states that it may be true that his Co defts gave such a note as is discribed in the Compls bill but he charges that he hath no personal knowledge of the fact, Either when it was executed or upon what consideration it was executed If it was executed upon the purchase of goods he hath no Knowledge of the ? or to what use the goods was purchased [Image of page 13] Were applied and as to the charge that the notes were giving in consideration of the purchase of goods with the advice Knowledge or Consent of this respondent it is not true for your respondent for many years for causes & reasons not necessary to be stated declined having any dealings with said firm and he is convinced had he been applied to for this purpose purchase he should for the of obtaining his consent to said purchase he should for the reasons afsd with held it to his request he is compelled to take that in entering into partnership with his Co defts his confidence was misplaced, and he cant admit that if his Co defts did purchase goods he was ever benefited by them by them not knowing whether he made use of them himself or What disposition he made of them this deft having answered every fact deemed material saith that he is advised to charge that if the complts have any remedy it is at law and not in Equity he therefore pleads that fact in bar of their right to have any decree against him he denies all fraud without that that &c and prays to be hence dismissed with his costs &c.

Tho L. Deye Owings

Bath County Set Sct

T. D. Owings came before me the subscriber a justice of the peace for said County and made oath that such facts as are stated in foregoing answer from his own Knowledge is true & that such facts as is stated from the information of others in belies believes to be true given under my hand this 12 August 1823.

Peter Davies J.P.
B.C.

[Image of page 14]

The following are the articles of copartnership in other words a copy of them made part of the complts. bill and referred to in the defts Owings ansr to wit. Articles of copartnership entered into between Thomas D. Owings of Owingsville of the one part and Allen M. Oakley of the said place of the other part Witnesseth that the said Owings has sold his stock of Merchandise now on hand to said Allen M. Oakley for the cost and carriage the said Owings is Equally interested in the purchase sales and profits of all the goods purchased by said Oakley of Harrison Trumbo & Co., and all others since the commencement of business by said Oakley the business is to be conducted in the name of said Oakley as long as the partnership exists but no purchase to be made by either party unless consented to by the other, the house where the store is now kept with the cellar under neath the store room is to be used by the company they paying to said Owings One hundred and fifty dollars rent per annum

Owings to have possession of his store room and cellar when ever he may give give the said company six weeks notice That is in case of a Branch Bank being obtained for Owingsville and in that case the house is to be given up by giving Six weeks notice or else the company to have it for Eighteen months. as Witness our hands this 28th day of November 1816–

Peter Davis
Thomas D. Owings
Allen M. Oakley

A Copy Test

J. A. Trumbo D. C.
And afterwards to wit at a court held as afsd at the court house afsd in Owingsville on the day & year ? afsd this came the parties by their attornies and submitted this cause to the ? court for a decree, and afterwards to wit, at a court continued and held as afsd on the 15th day of August 1823. This day came [Image of page 15] the parties by their attornies, and this cause, having been submitted to the court for a final decree and the court being now sufficiently advised of and concerning the premises, decree and order that this course be dismissed as to the defendant Owings. It is therefore considered by the court that that the defendant Thomas Deye Owings recover against the complainants his cost herein expended; and it is further ordered and decreed, that the complainants recover against the defendant Allen M. Oakley the sum of one hundred and thirty three dollars & eighteen cents with interest thereon at the rate of Six per cent annum from the 29th day of July 1818 until paid, and also their costs by them about their suit in this behalf expended and afterwards to wit on the 16th day of August 1823 at a court continued and held as aforesaid this day came the parties by their attornies and the defendants motion to open the decree rendered herein at a former day of this Term being argued was overruled.

Kentucky Bath Circuit Sct
I John A. Turner clerk of the court for the circuit aforesaid do certify that the foregoing fourteen pages contain a full true and perfect transcript of the record and proceedings had in the foregoing cause as the same remains of record in my office. [Image of page 16]

In testimony whereof I have hereunto set my hand, and affixed the seal of my office at Owingsville this 20th day of April 1826.
J. A. Turner

Taxation of costs
Clerks costs including a copy of record with seal annexed $9.90 cts
? fee for inserting order of publication & notice $4.00
Attorneys fee & tax on writ $3.00
$16.90
Test
J. A. Turner Clk B.C.C.

State of Kentucky Sct
I Silas W. Robins circuit judge for the eleventh judicial district for the state of Kentucky do certify that the foregoing authentication and attestation of John A. Turner who is clerk of the circuit court for Bath county which composes a part of Said Judicial district is in due form of law. Given under my hand as circuit judge aforesaid at Mountsterling this 7th day of June 1826.
Silas W. Robins.

Copy of bond filed for the payment of costs

Know all men by these presents that I Samuel S. Hall are held and firmly bound unto Allen M. Oakley in the penal Sum of two hundred dollars lawful money of the United States the payment of which sum well and truly to be made I bind myself my heirs &c firmly by these presents sealed with my seal the date underwritten [Image of page 17]

The conditions of this obligations is such, that whereas John Tilford James Trotter Jr. and George Trotter are about to commence a suit in chancery against the said Allen M. Oakley in the circuit court for the county of Hempstead. Now therefore if the Said complainants shall well and truly prosecute said suit with effect, and pay all costs, if the said defendant should be entitled thereto, then this obligation to be void, otherwise to remain in full force and effect. In testimony whereof I have hereunto Set my hand and seal this 4th day of August 1830
S. S. Hall (seal)

And at a court continued and held at the court house in the town of Washington on the 16th day of October 1830 before the Honorable T.P. Eskridge the following proceedings were had in Said cause and entered on the record of said court, to wit.

John Tilford James Trotter Jr & geo trotter
vs
Allen M. Oakley

This day appeared the parties aforesaid by their Solicitors, and the said defendant by his solicitor says there is no record of the said supposed decree in manner and form as stated in said complainants bill remaining in the said circuit court of Bath county in the State of Kentucky, this he prays may be enquired of by the court. Whereupon the complainant says there is such a record remaining in the Said circuit court of Bath County as stated in the Said complainants said bill, and brings here unto court a duly authenticated copy these of and prays that [Image of page 18] the same may be inspected and seen here by the court, and on motion of the comp.

And at a court continued and held at the court house in the town of Washington before the Honorable Ben Johnson on the 15th day of April 1831, the following proceedings were had in said cause, and entered on the record of said court, to wit.

John Tilford James Trotter &
George Trotter Jr complainants
vs } chancery
Allen M. Oakley deft

This day the parties appeared by their Solicitors, and the plea entered of record in this case being argued, and submitted the court takes time to consider thereof.

And at a court continued and held at the court house in the town of Washington before the Honorable Ben Johnson the following proceedings were had in said cause and entered on the record of said court, to wit.

John Tilford James Trotter Jr &
George Trotter Jr complainants
vs
Allen M. Oakley

This day the parties appeared by their Solicitors, and it is agreed between parties that this cause shall be submitted to the court as upon general demurrer, to be determined upon two questions. First whether the complainants remedy is in chancery or in [Image of page 19] law. Secondly whether record exhibited is sufficient to entitle said complainants to recover, and that no exception is to be taken as to matter of form to the complainants bill, and that this case be set for hearing, at the next term of this court.

And at a court continued and held at the court house in the Town of Washington before the Honorable Ben Johnson on the 12th day of October 1831, the following proceedings were had in Said cause & entered on the record of said court to wit.

John Tilford James Trotter &
George Trotter Jr complainants
vs } Chancery
Allen M. Oakley defendant

This day the parties appeared by their solicitors and the demurrer filed by the defendant to the complainants bill, being argued the court takes time to consider thereof, and the court being now sufficiently advised doth sustain the said demurrer to the complainants said bill of complaint whereupon it is adjudged ordered and decreed that the said complainants said bill of complaint be and the same is hereby dismissed, and that the complainants do pay to said defendant, the costs of this suit expended and that the defendant go hence discharged therefrom without day. And thereupon on motion of the complainants by Samuel S. Hall their Solictor on appeal is granted them from the decree aforesaid to the Superior court upon their entering into hand with Security according according to law in the penal sum of one hundred dollars, which was accordingly entered into by Samuel S. Hall, and accepted, and received by the defendant, and approved of by the court. Which bond is in the following words and figures viz.

[Image of page 20]

Know all men by these presents that I Samuel S. Hall am held and firmly bound until Allen M. Oakley in the penal Sum of one hundred dollars for the payment of which well and truly to be made & done I bind myself my heirs executors & administrators firmly by these presents. The condition of the above obligation is such that whereas John Tilford James Trotter & George Trotter having instituted a suit in chancery in circuit court of Hempstead county against Allen M. Oakley & whereas a decree was entered by said circuit court at the October term thereof in the year 1831 dismissing said bill and decreeing said complainants to pay the costs thereof & the said complainants having prayed an appeal to the Superior court, now the condition of this obligation is that if Said complainants pay all the costs that shall be adjudged against them in the above stated case or that said Hall shall pay such costs, then this obligation to be void otherwise to be and remain in full force and virtue.
Witness my hand and seal this 12th day of October 1831.

S. S. Hall (seal)

Taxation of costs
Allen M. Oakley clerk $7.47
D. T. Witter shff 0.10
J. gibson 0.10
Solicitors Ringo & Ashley 10.00
$17.67

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