Transcript of Proceedings, 8 January 1842 [Boosinger v. JS et al.]

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Document Transcript

State of Missouri) SS [scilicet]
County of )
Be it remembered that heretofore to wit on the 13th day of March in the year of our Lord one thousand eight hundred and thirty nine filed in the Clerk’s office of the Circuit Court a declaration against Joseph Smith, Jr. , and which said declaration is in the words and figures following to wit.
“In the Circuit Court of July Term eighteen hundred and thirty nine
to wit
by his complains of Joseph Smith, Jr. , and of a plea of trespass on the Case upon promises For that whereas the defendants heretofore to wit on the twenty third day of May eighteen hundred and thirty six to wit at the County of In consideration that the had lent them the sum of Seven hundred and thirty five dollars lawful money they the said defendants then and there undertook and faithfully promised the [p. [1]]
to pay him in land in or as much as he might need and the remainder in money two years from the date thereof with interest thereon at the rate of six per centum per annum, at the special instance and request of said defendants to wit at the County of aforesaid And the avers that said defendants did not pay him in Land in , or as much as he needed, or any land in whatever, nor did they the said defendants pay said the remainder of said debt in money Two years from the date of said contract with interest at the rate of six per centum per annum, nor did they pay him any money, although often requested so to do to wit at the county of aforesaid. But the said Defendants to comply with their said promises and undertakings have altogether failed and refused and Still do fail and refuse although often requested so to do To the damage of the of one thousand dollars and therefore he brings his suit &c
attorney for
Upon the filing of the aforesaid declaration the said filed [p. 2]on the same day an Affidavit and Bond for an Attachment which are in the words and figures following to wit
State of Missouri)
County of )
Be it remembered that on this 13th day March eighteen hundred and thirty nine personally came before the undersigned of the Circuit Court of Asa D. Brashear and makes oath that the defendants Joseph Smith Jr , and are justly endebted to the plaintiff after allowing all just credits and sett off, in the sum of Seven hundred and thirty dollars and interest thereon at six per centum per annum from the 23rd day of May 1836. And the said Asa D. Brashear further makes oath and says that and are not residents of nor residing in this and that there is good reason to believe and that he verily does believe that Joseph Smith Jr and are about fraudulently to remove— cunvey or dispose of his property or effects so as to hinder or delay his creditors
A.D. Brasher [p. 3]
Bond.
Know all men by these presents that we the undersigned Asa D. Brashear and are held and firmly bound unto Joseph Smith Jr , and in the sum of one hundred dollars for the payment of which will and truly to be made we bind ourselves our heirs executors and administrators jointly and severally firmly by these presents given under our hands and seals this 13th. day of March 1839.
The Condition of this obligation is such that whereas is about to commence his action or assumpsit in the Circuit— Court with attachment against— Joseph Smith Jr and Now therefore if he Shall prosecute his said suit with effect and without delay and shall pay to the defendants and all garnishers all the damages that they may sustain in consequence of said attachment then this obligation shall be void else to remain in full force and virtue.
A.D. Brasher seal
seal [p. 4]
Thereupon An Attachment issued from the office of the Clerk of the Circuit Court which is in the words and figures following to wit
State of Missouri) ss [scilicet]
County of )
The State of To the Sheriff of said Greeting You are hereby commanded to Attach Joseph Smith jr and by all and singular their goods and chattels lands and tenements, monies credits, and effects or so much thereof as shall be sufficient to satisfy the sum of seven hundred and thirty <​five​> dollars with interest and costs of suit in whose hands or possession soever the same may be found in your so that the said defendants be and appear before the Judge of our said Court at the place of holding said Court at the town of in said on the second Monday in July next to answer unto in an action of Assumpsit— and that you summons the said Joseph Smith jr , and to appear before the Judge of our said Circuit Court [p. 5]
at the time and place aforesaid to answer the said action of the said and that you summons all and every person in whose hands or possession any monies, goods, chattels, credits or effects, or evidences of debts of the said defendants may be found to appear at the time and place aforesaid to answer what may be objected against them.
LS Witness clerk of said Court with the seal thereof affixed at this 14th day of March AD 1839.
Clerk
Upon which said writ of Attachment is the following return of the Sheriff to wit
“I John Skidmore Sheriff of the County of in the State of do hereby certify that I executed the within writ by Attaching the following land of to wit The N.W. qr of N E. qr of Section 24. Township 56. Range 29. N.E qr of S.E qr of Section 12. Township 56. Range 29. 17 acres west & of lot No. 2. N.E qr Section 5. Township 56 Range 29 and also one bay horse, one bed [p. 6]stead, one table, one book case, one wash stand, & spit boxes. all done in on the 20th. day of March 1839. fees $1.00
Joseph Smith Jr and and not found and no property found on which to levy this writ & them
John Skidmore Sheriff of .
And afterwards to wit, at the July Term of the Circuit Court 1839. And on the second day thereof being the 9th day of said month the following proceedings were had to wit.
)
vs) Assumpsit
,)
Joseph Smith Jr.)
)
Dismissed as to Joseph Smith Jr. &
Order of Publication
To the Defendant you are hereby notified that has commenced his action of assumpsit with attachment in the Circuit Court on a note for the sum of Seven hundred and thirty [p. 7]
five Dollars and that your property has been attached to pay the same and unless you appear at the next Term of said Court to be holden on the second monday of November next on or before the third day thereof and put in your plea to said action or otherwise defend the same judgment will be rendered against you and your property sold to satisfy the same and it is ordered by the— Court that this order of publication be published in some news paper printed in this for four waks [weeks] successively the last publication to be four weeks before the next term of this Court till which time this Cause is Continued
And afterwards to wit at our November Term 1839 the following proceedings was had to wit
vs) Assumpsit by Attachment
Joseph Smith jr & .
Defendants in this Cause by their Attorney file their Motion to dissolve the Attachment which is overruled. Defendants then filed their plea of non assumpsit, and both parties being ready [p. 8] and neither party requiring a Jury the Cause is submitted to the Court
The Court doth find the issues for the and assess the damages to eight hundred and five dollars. It is therefore considered that the said recover against the said defendants the said sum of eight hundred and five dollars damages as aforesaid and also his costs herein expended. And it is ordered that the property attached be sold to satisfy said judgment. And it is further ordered that the Sheriff pay over monies made by Sale of personal property in this Cause.
Upon which Judgment there issued from the of the Circuit Court an Execution in the following words and figures to wit.
State of Missouri) Sct [scilicet]
County of )
The State of To the Sheriff of the County of Greeting: Whereas on the tenth day of Nov. 1839 at our Circuit Court hath recovered Judgment by default against against [p. 9]
Joseph Smith Junr. & on attachment for the sum of eight hundred and five dollars damages and also his Costs and which to the said were adjudged for his damages and Costs
These therefore command you that of the property attached to wit The North West qr. of North East qr. of Section twenty four Township 56. Range 29. Also North— East qr of South East qr of Section twelve township 56. Range 29. Also 17 acres West of lot No. 2. on North east quarter of Section 5— Township 56. Range 29. & also one bay horse one bed stead, one table one book case, one wash stand & two spit boxes— your Cause to made the damages and Costs and that you certify how you execute this writ.
LS Witness Clerk of said Court with the Seal thereof affexed at office this 19th day of November 1839.
Clerk
Upon which execution is the following return of the Sheriff
This Came to hand this 28th. Nov. 1839
A. H. Skidmore Dpty
Sheriff — [p. 10]
I do hereby certify that I executed the within writ by levying on the following land of the within named & others To wit
N.W. qr of N.E qr Sec. 24. Town 56 Range 29. N.E qr S.E qr Sec 12 Town. 56. R. 29. also 17 acres West of lot No. 2. on N.E qr Sec 5. Town 56. R 29. & put up notices as the law requires for twenty days before the day of Sale & on the first day of the Court which was on the 9th of said month & while the Circuit Court was in Session put up the interest right & claim said Smith & others to said land & Asa D. Brasher having the highest and best bid for said land for thirty dollars it was struck off to him accordingly. All done in this 9th. March 1840.
John Skidmore Sheriff
Damages & costs endorsed on Execution
Damages— $805.00
Clerk’s fees— 4.72
Serving Ex. & writ— 1.00
Sheriff’s fees— 1.00
Calling each party— 50
Printers fee 5.25
Dpy Sheriff 50
($817.97)
Deed 7.00
[p. 11]
State of Missouri) SS [scilicet]
County of )
I Elliot Roberts Clerk of the Circuit Court within and for the <​​> aforesaid do certify that the foregoing twelve pages of which constitutes one do contain a full, true and complete transcript of the record and proceedings had and taken in a certain action of debt lately determined in our said Court between the Parties therein named as fully as the same remains of record in my office.
[seal]
In testimony whereof I have here unto set my hand and affixed the Seal of said Court at office this the 8th day of January 1842.
Elliot Roberts Clerk
I sole Judge of the fifth Judicial circuit of the State of , Composed of the counties of , , , and Carroll do certify that Elliott Roberts whose name and attestation is affixed to the foregoing certificate was at the time of making of making the sworn Clerk of the Circuit Court duly commissioned and qualified as such and that his said Certificate is in due form of law. Given under my hand this 28th day of february A.D. 1842
[p. 12]
[blank] [p. [13]]
vs) Transcript
J Smith & others
[p. [14]]

Footnotes

  1. 1

    TEXT: “seal” enclosed in a hand-drawn representation of a seal.  

  2. 2

    TEXT: “seal” enclosed in a hand-drawn representation of a seal.  

  3. 3

    TEXT: “LS” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.  

  4. 4

    TEXT: “LS” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.  

  5. new scribe logo

    Certification in unidentified handwriting.  

  6. new scribe logo

    Signature of Austin A King.  

  7. new scribe logo

    Docket in handwriting of Elliot Roberts.