Declaration, 13 March 1839 [Boosinger v. JS et al.]

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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 [p. 2]
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.
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]


  1. new scribe logo

    Certification in unidentified handwriting.  

  2. new scribe logo

    Signature of Austin A King.