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John Swanson Yarbrough Archives

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Last Updated on Monday, 18-Jul-2005 18:47:48 MDT

 
Clark Co., Territory of Arkansas - August Term 1822 - Swanson Yarbrough v. Conrad Huttzman
Note: Swanson Yarbrough suing over promisary notes owed to him by Conrad Huttzman that were made in Ouachita Parish, Louisiana on 21 Dec 1811.  The suit is taking place in Clark Co., Territory of Arkansas during the August Term in 1822.
 
 

Swanson Yarbrough v. Conrad Huttzman
Declaration

[Transcribed from page 1]
Swanson Yarbrough
v
Conrad Huttsman

Decl

Roane att

Filed in office 3rd July 1822
T.W. Newton DyC
for D.E. McKinney clk.

This is an action of Debt founded on Notes in writing Bail is required in the Sum of $740.00
T.W. Newton DyC.

[Transcribed from page 2]

Territory of Arkansas
In the Superior Court in & for the Territory afd To August Term 1822

Swanson Yarbrough by Sam C. Roane his attorney complains of Conrad Huttsman of a plea that he render unto the said Swanson Yarbrough the Sum of five hundred and forty one Dollars and sixty six and two third cents Lawful money of the United States which to the said Swanson Yarbrough the the said Conrad Huttsman owes and from him unjustly detains-
For that whereas the said Conrad Huttsman on the 26th day of December in the year AD 1811 at Ouachita to wit within the County of Clark and Territory of Arkansas and within the jurisdiction of this Court made and executed to Swanson Yarbrough his certain note in writing and signed within his proper name and now here to be shewn to the court the date– whereof is the same day and date aforesaid and thereby then and there undertook and promised to pay Swanson Yarbrough on order one hundred and eight dollars and two sixths of one dollar for Value Recieved on the first of January one thousand Eight hundred and twelve for Value Received - And for that whereas afterwards to wit on the 21st day of December Ad 1811 the said Conrad Huttsman at Ouachita to wit in the county of Clark and Territory of Arkansas and within the jurisdiction of this Court made and executed to the said Swanson Yarbrough his certain other note in writing signed within his proper name and now here shewn to the Court the date whereof is the day and year last afd and thereby then and there undertook and promised on or before the twenty first day [Transcribed from page 3] of December AD one thousand and eight hundred and thirteen to pay Swanson Yarbrough on order the sum of one hundred and eight dollars and two sixths of one dollar for value Received with Lawful interest from the date thereof—
And for that whereas the said Conrad Huttsman Swanson Yarbrough afterwards to wit on the 21st day of December AD 1811 at Ouachita towit within the county of Clark and Territory of Arkansas and within the jurisdiction of this court made and executed to the said Swanson Yarbrough his certain other note in writing signed within his proper name and here shewn to the court the date whereof is the same day and year last afd and thereby then and there undertook and promised on or before the twenty first day of December AD one thousand eight hundred and fourteen to pay Swanson Yarbrough on order one hundred and eight Dollars and two sixths of one Dollar for Value received with Lawful interest from the date thereof
And for this whereas the said Swanson Yarbrough Conrad Huttsman afterwards towit on the 21st day of December AD 1811 at Ouachita towit in the County of Clark and Territory of Arkansas and within the jurisdiction of this court made and executed to the said Swanson Yarbrough his certain other note in writing signed with his proper name and now here to be shewn to the Court the date whereof is the same day and year Last aforesaid and thereby then and there undertook and promised on or before the twenty first day of December eighteen hundred and fifteen to pay Swanson Yarbrough on order one hundred and eight [Transcribed from page 4] Dollars and two sixths of one Dollar for value Received with Lawful interest untill paid (ie) (meaning that is) from the date thereof
And for that whereas the said Conrad Huttsman afterwards towit on the 21st day of December AD 1811 at Ouachita towit in the County of Clark and Territory of Arkansas and within the jurisdiction of this Court made and executed to the said Swanson Yarbrough his certain other note in writing signed with his proper name and now here to be shewn to the Court the date whereof is the same day and year Last afd & thereby then and there undertook and promised on or before the twenty sixth day of December eighteen hundred and sixteen to pay Swanson Yarbrough on order one hundred and eight Dollars and two sixths of one dollar for Value received with Lawful interest from the date thereof
Yet the said Conrad Huttsman although often requested hath not paid to the said Swanson Yarbrough the above demanded sums of money together amounting to the sum of five hundred and forty one dollars and sixty six and two third cents but hath hitherto wholy refused and still doth refuse so to do to the damage of the said Swanson Yarbrough two hundred Dollars and therefore he brings his suit.
Sam C Roane
Atty for Plff

[Transcribed from page 5]

The Clerk of the Superior Court will issue a writ of capias Endorsed on the within declaration and make an order to hold the Defendant to bail in the Sum of Seven hundred and forty Dollars and endorse this an action of Debt on notes in writing bail required in the sum of $740.
Sam C. Roane
Att for Plff
May 4th 1822

I david E McKinney Clerk of the superior Court of the Territory of Arkansas do order thus that a capias issue in the above case and thus the defendant be held to bail in the sum of Seven hundred and forty dollars
T.W.Newton DyClk
for D.E. McKinney Clk



Swanson Yarbrough v. Conrad Huttzman
Promissory Notes

[Transcribed from page 1]

Huttsman
Note

[Transcribed from page 2]

Ouachita 26th of Decembre 1811
I promise to pay or cause to be payd unto Swanson Yarbrough, or Order the Sum of One hundred and Eight Dollars & two Sixths, on the first of January one thousand Eight hundred and twelve for Value received.
Conrad Huttzman
$108.2/6

[Transcribed from page 3]

Huttsman
Note

[Transcribed from page 4]

Ouachita 21st Decr 1811
On or before the 21st of December 1813 I promise to pay Swanson Yarbrough or order the sum of one hundred and eight and 2/6 Dollars for value Received with lawful interest from the date there of.
Conrad Huttzman
$166.83

[Transcribed from page 5]

Huttsman
Note

[Transcribed from page 6]

Ouachita Decr. 21st 1811
On or before the 21st December 1814 I promise to pay Swanson Yarbrough on order one hundred and eight and 2/6 Dollars for Value received with lawful interest from the date there of.
Conrad Huttzman

[Transcribed from page 7]

Ouachita Decr. 21st 1811
On or before the 21st Decr. 1815 I promise to pay Swanson Yarbrough on order one hundred and eight & 2/6 Dollars for value received with lawful intirest untill paid (ie) from the date there of
Conrad Huttzman

[Transcribed from page 8]

Huttsman
Note

[Transcribed from page 9]

Ouachita 21st Decr. 1811
On or before the 21st Decr. 1816 I promise to pay Swanson Yarbrough on order one hundred and eight and 2/6 Dollars for value received with lawful interest from the date there of.
Conrad Huttzman



Swanson Yarbrough v. Conrad Huttzman
Capias Writ

[Transcribed from page 1]

Swanson Yarbrough
vs
Conrod Huttsman
Capias

This is an action of Debt founded on Notes in writing Bail is required in the Sum of $740.00
T.W. Newton DyC
for D.E. McKinney clk
August the 3th 1822

Executed the within in the Township Point Checo
E. Black D. Sheriff

Sheriffs fees
Service 1..000
Bail Bond 50
milage to and from 24..0
$25.50

[Transcribed from page 2]

Territory of Arkansas Sct. United States of America
To the Sheriff of the County of Arkansas Greeting: We commanded you to take the body of Conrod Huttsman if he be found within your baliwick, and him safely keep so you have his body before the Judges of our Superior Court on the first day of our next August Term, then and there to answer Swanson Yarbrough to a plea of Debt. Five hundred and forty one Dollars and Sixty Six and two third cents. damages Two hundred Dollars. And have you then there this writ.

(Stamped Seal)

In Testimony whereof I have hereunto set my hand and affixed the seal of office at Little Rock this 3rd day of July AD 1822 and of the Independence the 46th
T.W.Newton DyClk
for D.E. McKinney Clk.

Note: Definition - Bailiwick  The jurisdiction or district of a bailiff. In these cases, the term is used with regard to sheriffs and constables as well.



Swanson Yarbrough v. Conrad Huttzman
Bail Bond

[Transcribed from page 1]

Swanson Yarbrough
vs
Conrod Hutsman
Bail Bond

Filed 19th August 1822
T.W. Newton D. C S. C.

[Transcribed from page 2]

Territory of Arkansas, and County. of Arkansas
KNOW ALL MEN BY THESE PRESENTS, That we, Conrade Huttsman and Hugh Logue are held and firmly bound unto James Hamilton Sheriff of the County of Arkansas and his successors in office, in the just and full sum of Seven Hundred and forty 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 third day of August in the year of our Lord, one thousand, eight hundred and twenty two
The Conditions of the above Obligation are such, That, if the above bounden Conrade Huttsman shall well and truly be and appear before the Judges of our Superior court, at a Court to be holden in the town of Little Rock on the third Monday of August next, and answer unto the complaints Swanson Yarbrough in a plea of Debt of Seven Hundred and sixty dollars and if judgment be given against him at that or any subsequent term of our said Superior Court, that he will well and truly abide the judgment of said Court, pay the Seven Hundred and forty Dollars and costs that shall be adjudged against him, or surrender himself in execution, or that his sureties will do the same for him, then this Obligation to be null and void; otherwise, to remain in full force and virtue.
IN TESTIMONY WHEREOF, we have hereunto set our hands, and affixed our seals, the day and year above written.
Conrad Huttzman (seal)
Hugh Logue (seal)

IN THE PRESENCE OF
E Black

BAIL BOND- Wm. E. Woodruff, Pr., Little Rock, A.T.



Swanson Yarbrough v. Conrad Huttzman
Petition for Oyer

Swanson Yarbrough v. Conrad Huttsman Oyer

[Transcribed from page 1]

Huttsman
ads
Yarbrough
Oyer

Filed Agt 26th 1822
T.W.Newton D.C

[Transcribed from page 2]

C Hutstman
ads
S. Yarbrough
And the said defendant Craves oyer of the writing declared on
W Trimble for Deft

Note: Definition - Ads., Adsm.
Abbreviation for "ad sectam," "at the suit of." Used in a pleading filed by the defendant, who would place his or her own name first. For example if a case was named Smith v. Jones and Jones filed a pleading, its heading could be Jones ads. Smith.



Swanson Yarbrough v. Conrad Huttzman
Plea No. 1

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Hutteman
ads
Yarbrough
Plea

[Transcribed from page 2]

Conrad Hutstman
ads
Swanson Yarbrough
Superior Court

And the said defendant comes and defends the wrong and injury when &c. and for plea saith, that the said Plaintiff in conbination with divers other persons fradulently in tending to injure, deceive, and oppress the said defendant and with fraudulet representation to induce him to execute the several supposed obligations in the plaintiffs declaration set forth did make untrue, deceitfull, and fraudulent representations to the said defendant, and by false fraudulent, and deceiptfull representation, and without any good or valuable consideration obtain from the said defendant the said several obligations in said declaration mentioned and this he is ready to verify wherefore he prays Judgment &c.
W Trimble P. D.

Note: Definition - P.D. Abbreviation of pro defendente, "for the defendant."

Transcribed from page 3]

Yarberry
vs
Huttsman
Replication and Issue tendred to the Country
Sam C. Roan
for Deft

likewise
W Trimble

Hutteman
ads
Yarbrory
plea



Swanson Yarbrough v. Conrad Huttzman
Plea No. 2

[Transcribed from page 1]

Huttsman
vs
Yarbrough
Plea

Filed 23d Dcr. 1822
D. E. McKinney clk

[Transcribed from page 2]

Conrad Huttman
adsm
Swanson Yarbrough

And the said Defendant for a further plea in this behalf says Plaintiffs ought not to have or maintain his aforesaid within ? he says that he did not at any time within five years before the commencement of this suit execute to said Plaintiff the Notes in Declaration mentioned or any or either of them & that the said action of Plaintiff hath not occurred within five years next before the commencement of this suit
This he is ready to verify wherefore he prays Judgment &c
Crittenden & Ashley & Trimble for Deft

and the Plaintiff doth the same
S.C. Roane P.Q.

Note: Definition - P.Q. Abbreviation of pro quaerente, "for the plaintiff."

Genl. Demurrer to plea
S.C. Roane



Swanson Yarbrough v. Conrad Huttzman
Affidavit

[Transcribed from page 1]

Yarbrough
vs
Huttzman
Affidavit

filed 26 Ap. 1823
D.EMcKinney

[Transcribed from page 2]

Yarberry
vs
Huttsman

Sam C. Roane attorney for Plff being sworn states that previous to the presant Term of this Court he did not believe that the Statute of Limitations ran against a note without Seal & did not instruct his client that it was necessary to be prepared with evidence to prove fact that would go to prevent the statute from runing; and further this affiant states that he is informed and believes that the notes in question were executed at the Post of Ouachitas in Louisiana and that the defendant left that Country within some short time after the Execution of said notes & removed to this Territory that the Plaintiff the plaintiff commenced [image of page 3] his suit in this Territory as soon after his learning to the same as he had fairly acertained when the defendent was and was informed of his probable solvency of Deft the foregoing facts this affiant believes his client able to provide at the next Term of this Court
Sam C. Roane

Sworn to in open Court

Apl 26 1823

D.E. McKinney Clk



Swanson Yarbrough v. Conrad Huttzman
Sums

Swanson Yarbrough v. Conrad Huttsman Sums

[Transcribed from page 1]

108.33
3
$541.65

65
39
58.49
32.50
45.50
Inst.- 240.49
 
 

Submitted by Renee Smelley



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