 | Arkansas |  |
| Arkansas | |
Early Accounts of Arkansas Territory in Arkansas Gazette 1843 to 45
Index:
Biscoe, Henry L. (Art.1845), 3
Conway, James S.-Complainant (Art.1843), 1
Dorris, Bennett M. (Art.1843), 2
Drennen, John (Art.1845), 3
Faulkner, Sandford C. (Art.1845), 3
Hill, George (Art.1845), 3
Parrott, John M., Clerk-(Art.1845), 3
Pendleton, Henry F. (Art.1843), 1
Powell, Thomas E. (Art.1843), 2
Strong, Erastus Burton (Art.1843), 1
Strong, William (Art.1843), 1
Strong, William-assignees (Art.1845), 3
Thompson, James-Dept. Cl'k. (Art.1843), 3
Walters, Ebenezer (Art.1845), 3
1843 June 28 No. 29 - Whole No. 1225 State of Arkansas Pulaski County, in Chancery, September Term, 1842 James S. Conway, Complainant vs. William Strong, Erastus Burton Strong, and Henry F. Pendleton In Chancery: Bill to Enforce a Lien. This day came the complainant, by Hempstead & Johnson, his solicitors, and it appearing to the satisfaction of the Court, that the said William Strong has been duly served with process in this case, and has failed to plead, answer, or demur, to said bill of complaint, within the time prescribed by the rules of chancery practice, it is therefore ordered, adjudged, and decreed, that all and singular the several matters and allegations in s aid bill contained, be taken and considered as confessed as to said William Strong: And if further appearing from the Sheriff's return on the subpoena in this case, that the said Erastus Burton Strong is a non-resident, and that processs cannot be served on him in the ordinary mode, and that publication ought to be made, according to the statue in that behalf provided; and it further appearing that the substance of the complainant's bill is: That, on the 13th day of December, 1839, the complainant entered into a negotiation with said William Strong, respecting the sale of one lot of ground, situate in the city of Little Rock, containing fifty feet on Markham street and one hundred and fifty feet on First street, it being the west end of lots seven, eight, and nine, of block No. 7, of said city, and east of the Quapaw line, such sale to made to said Erastus Burton Strong, a minor son of said William, and for his advancement and benefit and for the consideration of $1500; that, on the same day, the said William Strong and the complainant concluded the negotiation, and tat the complainant at the request of said William, made to said Erastus Burton Strong an instrument of writing, commonly called a title bond, duly recorded in Pulaski county, on the 13th of December, 1839, whereby the complainant, in consideration of said sum of money, five hundred whereof was paid in hand, and the remaining one thousand dollars secured by two bonds or notes of said William, payable to complainant, bearing date the 15th day of May, 1839, each for the sum of $500, one payable July 1st, 1840, the other January 1st, 1841, granted, bargained, and sold the lot of ground aforesaid to said Erastus Burton Strong, and bound himself to make to the last mentioned person, a deed in fee simple, on the payment of one thousand dollars, the remainder of the purchase money. The bill further represents, that some time in the winter or spring of 1840, before said notes were paid, the said William, still acting for the benefit and advancement of his said son, took up said notes made by said William, bearing date the 2d of March, 1840, each for $500, payable to the order of Bennett M. Dorris - one on the 1st of July 1840, the other the 1st of January 1841, endorsed by Dorris to Thomas E. Powell, and by Powell to the complainant, to secure the payment of said sum of $1000; both of which notes were protested for non-payment, after the maturity thereof, and both remain unpaid. The bill further represents, that the said sum of one thousand dollars, the balance of said purchase money, with lawful interest; remains wholly unpaid; and that, upon the payment thereof, the complainant is ready and willing to make a deed to said Erastus Burton Strong, according to the stipulation of his said bond that the said Henry F. Pendleton has acquired some susequent lien to said lot of ground, and that said Pendleton had actual as well as constructive notice of the non-payment of said balance of purchase money at the time he acquired said subsequent lien; and that the said lot of ground stands charged with the complainant's prior lien, in respect of the non-payment of said balance of purchase money. The bill prays for a discovery, and that said lot of ground be subjected to the complainants said lien, for the balance of said purchase money, and be sold to pay the same, and lawful interest thereon, together with the complaiant's costs and charges in this behalf; and that, upon the payment thereof, the legal title of said lot of ground be decreed to pass from the complainant to the person or persons entitled thereto; and for general relief. It is therefore ordered by the Court that defendant be required to appear before the Pulaski Circuit Court, on the first day of the next March term thereof, at a court to be holden on the first Monday of March next, then and there to plead, answer, or demur to the said bill of complaint; and that, in default thereof, the same be taken and considered as confessed. And it is further ordered, that publication hereof be made in the Arkansas State Gazette, a newspaper printed in this State, for eight weeks successively, the last insertion to be at least four weeks before the commencement of said term; and that this cause be continued. Copy. Attest:Herndon Haralson, Clerk by James Thompson, Dept. Cl'k.[$47.50]
1845 March 3:In St. Francis Circuit Court, in vacation, February 10th, 1845. Henry L. Biscoe, Sandford C. Faulkner, George Hill, John Drennen, and Ebenezer Walters, as Residuary Trustees of the Real Estate Bank of the State of Arkansas. vs. William Strong's assignees, and others. In Chancery:This day come the complainants, by Solicitors, Pike & Baldwin, and file their bill in this case, the object where is to foreclose certain mortgages on lands, executed by William Strong, and others, by him and his wife, to said Bank, to secure the stock taken by him in said bank, and moneys afterwards borrowed by him, and it appearing by affidavit annexed to said bill, that the defendants, James R. Malibie, John Martin, James J. Pleasants, Hugh Wilson, James Bradley, Allen D. Burriss, Rufus K. Furnage, Barnett Graham, Samuel Hayter, John Booth, Wyatt Christian, Thomas D. Carneal, JOseph Deloach, John Adams, Abraham C. Squier, William C. Squier, and Job Squier, are all non-residents of this State; It is therefore, on motion of complainants, ordered, that notice be given said non-resident defendants by publication of this order in the Arkansas State Gazette, a newspaper published in this State, for the number of times and within the time prescribed by law, that unless they appear before the court here on or before the fourth day of the term hereof, to be holden at the court house in the town of Mount Vernon, in the county of St. Francis, on the third Monday of September next, and then there plead, answer or demur to said bill, the same will be taken as confessed, and decree accordingly. A true copy from the record. Attest: John M. Parrott, Clerk.