know,
all men by these presents
that we, Thomas Balus, John Procton & George
Hubbard , have this day bargained,
unto
Barnabas
Harnes, of the Missouri Territory, all
our rights
held, and claim,
to two negroes to wit Jack &
Archibald,
now in the possession,
of Euselius
Hubbard ,
of said territory, which said
negroes, in
are entitled, to after the
death, of said
Euselius Hubbard of said
Territory. which said negroes we areafter
the death of said Euselius Hubbard .
Given under,
our
hands and
seals, this 2nd day of
March
1818
George
Hubbard , his X mark Thomas
Ballow, John
Procton, Robt
Harry ,George
Proctor,
State of Kentucky Madison , County let County Court Clerk, office March 2 1818
William ,
clerk of the court for the county afore,
said do hereby certify,
that this
instrument, of writing,
was this
day
produced, to me in my office, and Thomas Ballus, George Hubband annd
John
Proctor, to the their and deed
and the same has been duly
recorded, in my office,
Commonwealth of Kentucky , Madison County
towit As one of
the acting justices of the peace
in and for sd county the presiding
justice being
absent I do hereby certify that Wm Iroin is clerk
of
our county court and that due faith and credit
is Due to all of his
offical acts and that the
foregowing is in Due form of Law given under
my hand this
4tth march 1818
Harris JD
vs
Jos, M Clury
co B Harris
Bill of
sale
This
indenture, made this eleventh day of of June
in the year of our Lord one thousand eight
hundred and
five between Eusebius Hubert, of the
district of S
Louis ,
in the district, of Louisiana ,
of the one part and eliza-
beth Bond of the same place, of
the other part witness
saith,
that the said on his part for and in consideration, of the
good
will, love and affection, which
he bears
towards the said Elizabeth
Bond, and more especially,
for and and
in
consideration, of the promised and
engagement
of marriage between him the said Eusebius Hubert, and her the said
Elisabeth
Bond, (which said
marriage is hereby consemated,
by and between the
parties,
and it is hereby, agreed,
by and between the parties that the
said marriage shall, be celebrated,
and
solemized, so soon
after the execution,
of these presents as may be)
he, the
said
said Eusebius Hubert, on his part as an
evidence invariate
affection towards the said Elisabeth Bond, and
in
and dower which might by passibility here,
after
he
demandable, and as a token and, pledge
of his attache-
ment and desire, of procuring, for the said
Elisabeth
Bond,
his future spouse, good and sufficient
support, and
maintenance, for her and her heirs, Doth give and
grant,
in consideration aforesaid, to the
said Elisabeth
Bond, his
future,
spouse
eleven, likely negroes, and their in needs to
wit, one negro woman, called Lucy one other called
Milly ,
and ditto called Hannah , one ditto called
Charlotte , one ditto,
called
Judy one negro
boy, called Barry, one ditto,
called
Arch, one ditto, called Matt one ditto, called
Tye, one
ditto called Jack together
with four horses a waggon and guns, three
feather, beds and furniture, seven, head of
cattle,
and all and singular, his farming
utensils
to, have and to hold
during,
the and to her heirs and assigns
forever, to
the duly, proper use benefit,
and behoof of her the said
Elisabeth
Bond, her heirs and assigns, forever and
the, said
Elisabeth
Bond, on her
for and in
consideration, of the good will love,
and
affection, which she bears,, towards
the
said Eusebius
Hubert, her future, husband, and
as an
evidence,
of and
him,
the said
Elisabeth, Bond doth, give and grant,
to
him the said Eusebius Hubert,, for and bearing, the
the of three hundred acres, of Land, lying,
and
being in the said
district, of S Louis , being, the same tract,
or
parcel, of land whereas the said Elisabeth Bond now
lives,, in the
house, and plantation together,
with
seven, head of horses, thirty head, of cattle,, four
beds,
and
furniture, one yolke, of oxen thirty, head of
hogs,
and
all, and singular, her farming untensils to
have,
and to hold, to him the said
Eusibius
Hubert, for and
during,
the to the heirs, of the
said
Elisabeth
Bond,,
In testimony
where,of the parties
respectively,
(to gether with, the witnesses,)
their names and the parties,
have affixed their
seals,
the day, and year first, above
written,
signed sealed, and executed in the presence, of Eusebius Hubert, Elisabeth Bond, B Whitesides, Sally Whitesides,
District of, of S Louis In, Louisiana
for the
said district, of
S Louis do hereby
certify that, the
foregoing marriage contract
between Eusebius Hubert,
and Elisabeth
Bond, was duly executed, before me
and
acknowledged, the elevanth
day of June in the
year of our lord one thousand eight hundred
and
five In
testimony whereof I have, hereunto set my,
hand, the day and year above written
M. P . Leduc ,
Recorded, the thirteenth of
june in the year
one thousand eight hundred and five
M. P. Leduc Recorder
Missouri Territory County , of S Louis ,
Archibald
Gamble , clerk
of the circuit, court for the county
aforesaid, do certify the foregoing, to be a true
coppy, from the recorder,
Book A. Page
76, in in my Office
S
Louis , under my hand and the seal, of office this
fourth day of
may eighteen hundred
& Eighteen
A Gamble Clerk,
for defendant and cent we the jury
W Risby,
Jack, is not entitled to his freedom,
W Risby,
Coppy, of marriage contract between E Hubert & E Bond,
$140
Jack's petition
filed June,9th 1818
A Gamble Clk,
they by the
on
this 1818
Service.801.50$2.30
In the circuit court
October Term
1818,
vs
Barnabas , Harris ,
This is an action trespass
specific enforcement,
to try this
freedom
Let
Filed the 22th August
1818
Gamble clerk
October Term 1818.
of St Louis towit,; Jack a free man
permitted,, by the Court to sue as a
pauper, by Barton his atttorny assigned by the
said,
Court complains, of Barnabas
Harris , of
plea,
of
trespass,- for that the Barnabas Harris , on the
first day, of January,
in the
year of our
lord, eight hun-
dred and
eighteen with force
and arms made,
an assault,
upon the said Jack
towit, at
the County , of S Louis
aforesaid, and then and
there beat wounded and ill
treated him the,
said Jack , and
then and there imprisoned
him, the said Jack without any probable or reasonable casue
whasoever and then,
and there kept and
detained
him, the said Jack ,
in prison for a long
time, to
wit, from that
time hitherto
contrary, to the laws, of the
territory,
and against the will, of the
said Jack and other
worngs, to the, said Jack , then and there did,
against the
peace, of the United States of
America ,, and to the damage, of the
Jack of two hundred dollars
and therefor he brings his suit,
Barton atty for plff,
of Missouri , of S
Louis ,The United
States
to the sheriff
Greeting,
We,
command that he
be and
appear,
of our Circuit Court of, the
term,
to be held at the, town,
of S Louis
within, an for,
the County , of S Louis , On
the
second, Monday
of October, next then and
there to answer unto
Jack , a free black man, of a plea
trespass,
to the damage of said plaintiff
two hundred
dollars. And
have you then there this
writ,
Witness Archibald
Gamble clerk, of
our said court at
office, this twenty second day, of
August Eighteen
hundred and Eighteen, and of our,
the forty third A Gamble clk,
Territory, of S Louis ,
County
of Missouri ,
United States of America to
the
any Judge or Justice, of the
peace
of the State , of Kentucky ,
We reposing special
trust, and confidence in your
integrity and
circumspection, do request and command you that
you cause to
come, before you such, person as
shall
be, named to you by Barnabas Harris ,
and
them
Examine, upon corporal oaths, to be,
by
you
administered, touching their, Knowledge
of
any thing that may
relate, to a controversy, now pending, in
our Circuit , Court
for the County of St Louis
aforesaid
between, Jack
a free,
black man
plaintiff, and Barnabas Harris ,
Defendant on the
part, of the Defendent
and having reduceed
the
disposition, so taken by you as aforesaid,
to
writing, you send the same
with your hand and seal
to our Circuit , Court aforesaid with all
convenience & speed,
Witness Archibald
Gamble , clerk of
our, said Court at the town, of S Louis ,Nineteenth day of October in the
year, of our Lord one thousand
eight
hundred and eighteen and
of the American Independence the forty
third,
vs
Barnabas Harris
S louis Circuit Courts
October term 1818
On motion of mr mark
attorney for Defendants introduced that a Dedi
mus issue to any Judge or Justice of the peace
of the state of
Kentucky to take the Depositions
of witnesses on the part of the
defendants
A true copy A Gamble Clerk
Jack a free black man
vs
BarnaBas Harris
ads
Jack , a free, black man
In the circuit Court
October Term 1818To the above
named, plaintiff
Sir,
Please, to take
notice that I will, on Monday
the 23rd day of next
November,, between the hours, of 10 O'clock in
the forenoon &
six O'clock in the afternoon of that day, at
the
Clerks, office
for the County of Madison , in
the
town, of Richmond , in
the State of Kentucky , before some compotent, authority
proceed to take depositions of witnesses, to be said, in
on the trial of the above cause, when
& where
you may attend, if you choose.
Your
St , Louis , Oct. the 19th 1818. Barnabas
Harris ,
by his
attorney,
Received a copy, of the above notice
this 19th October 1818. Barton
atty, for
plff,
State of Kentucky
Madison County sct
I William Irvine clerk of the court for
the contry aforesaid do hereby
certify that Robert Cald
well Est whoes segnature is affixed
to the forgoing
certificate is was at the time of said signa
ture an acting
justice of the peace in & for the county
aforesaid and that
all and faith & credit and
aught to the given to all his
official acts as such
In testimony whereof I have
hereunto Set my hand and
& affixed
any seal of office this 23d day
of nov
1818 Wllm
Irvine, Clerk,
fees $ 1.00
paid by
defts atto,
filed,April 19th 1819
A Gamble Clerk
The
depositions, of Robert Harris & George Procter
taken, at the clerks, office in, the
County, of Madison , and
state,
of Kentucky
between, the hours of ten o'clock, in the
forenoon & six
o'clock, P. M. of the 23 day of november
1818 in pursuance, of the
to be read, as evidence in,
a suit now pending in the
Circuit Court , for the County , of St , Louis in
the
territory,
of Missouri between Jack
black, man said to be free
and Barnabas
Harrris,
Robert Harris
being, of lawful age, and first duly sworn deposeth and
saith that, the Bill of sale now, here to
from Thomas
Bellew, John Proctor & George
Hubbaard, to Barnabas Harris , of the
Territory of
Missouri , for the sale, of two negroes Jack &
Archibald attested to, by himself, and
George Proctor
dated,2 day of
march 1818, was
executed,
by the Said Bellew, John
Proctor &
George Hubbard in his presence, and that he
signed
as, a
witness, at the request, of the parties,,
that it was signed
sealed, and delivered, by them, in
his
presence,, as thas
, And the deponant further, saith,
not
Robert Harris,
George
Proctor, being of lawful age &
first, duly
sworn deposeth
&, saith that, the Bill, of
sale
here
shown, to him, & hereto annexed,
above
referred, to
in Robert Harris deposition from, Thomas
Bellew, John.
Proctor, George Hubbard , to Barnabas
Harris , of the territory,
of Missouri ,
for the sale of two,
negroes
Jack &
Archibald attested, by himself and Robert Harris
dated,2 nd day of
March 1818 was executed by
said
Bellew, John Proctor
and said Hubbard , in his
presence, and that he signed, it
as a
subscribing
witness, at the, request of the parties,,
that,
it was signed sealed
delivered, by him, in his
presence, as there, act & deed,
And further this deponent, saith not,
George Proctor,
Madison County,
The above
depositions, of Robert Harris & George Proctor
were, signed & sworn, to
before me a
justice,
of the peace in and, for the
county
aforesaid,, at the
time & place
first, above specified,
Given under my, hand & seal this,23d day of April 1818
Caldwell
Justices
fees, paid by
defendants
atto,$1.00$100$2.00
Be known to all men by these
presents, that
I
Eusebius , Hubbard of the township, of st
Ferdinand,
in the county of St Louis and Territory,
of Missouri , have
resolved and decreed, and by
these presents do
resolve and firmly decree and declare, my
servant a black man known by the name of
Jack ,,
shall at my death for the service he has
done be fully, and
completely
dsicharged from the claim or claims to any
servitude.
bondage or
authority, whatsoever
of any or all of my
heirs executions administra-
tors or assigns forever - and
frm any other
person or persons whatsoever,. In witness,
where=
of i have hereto set my hand and seal this
eighteenth day of august in the year of our Lord
one, thousand eight hundred and
seventeen
Eusebius , his X mark Hubbard ,
Signed and sealed in presence
of us
Amy herX mark James John Petterson John Clark
Be it remebered that the above Eusebius Hubbard ,
personally appeared
before me one of the
justices, of the peace of the said county of
St , Louis
and
declared, that the above instrument of
writing was his own act and
deed, in witness
where of I have hereto, set
my hand and seal
this fifteenth Day of October
in the year of
our Lord one thousand eight hundred
and
seventeen
Thos, R Musick J.P.,
We the, under subscribers, do certify,
to all wherin it may
concern, that the within,
named
Eusebius Hubbard
departed this, life in
house,
of Mr,
John Patterson
senior, in the County ,
of St Louis ,
and
Territory, of Missouri , on the seventh
day of March in the year of our Lord
one
thousand eight hundred and Eighteen
Territory, of Missouri County , of St , Louis
at this day personally
appears, in open court John Patterson
one of
the subscribing witnesses, to
the within
deed, of
and being duly sworn upon,
his
oath, says that he was present, when this
instrument, was executed by Eusbius Hubbard ,
and
that he
saw, him make his sgnature,
thereto by
mark and that the said
Eusebius , then and there acknowledged,
the
same, to be his act and deed hand
and seal, for
the
purposes, therein mentioned,
and that
he the said Patterson , then
subscribed, his name, as a witness,
Witness
Archibald Gamble clerk,
of our said
Circuit
Court , for
the county, aforesaid and the
seal, of said court hereunto, af
fixed, at St , Louis this
twenty first,
day of October Eighteen
hundred,
and
eighteen, A Gamble
Clerk, Recorded this 22nd October 1818 A Gamble
Clerk
Territory of Missouri
county of S Louis
S. Archibald Gamble
clerk of the circuit court of the county of
St
Louis , do certfy the forgoing to be a true
copy of a deed from Eusebius
Hubbard to
Jack as recorded in my office Book page
following
Witness my hand and seal of
office this fifth day of April
eighteen hundred and
nineteen and
of our Independence the forty
third A Gamble Clerk,
Jack ,
Copy
search20 certificate seal,50 record,67
Territory of Missouri ,
County of St , Louis
The United , States of
America to any Judge or
Justice of the Peace
for
the County of
St , Louis
greeting
We special trust and confidence
in your integrity and
circumspection, do hereby
require and
command you that you cause to come, before you such persons as
shall be named to
you by Frederick Hyatt, administrator of
Barnabas Harris
deceased, and then examine, upon
their
corporal
oath, to be by you administered touching,
their knowledge of any thing that may
relate to any to a certain matter
of controversy
now,
pending in our said Circuit , Court
wherein Jack , a
blackman is plaintiff and the
said Frederick , administrator of the said
Barnabas
Harris , decd is defendant on the part
of the
defendant, and having reduced the said
deposition, so taken by you as aforesaid,
into
writing you are required to send the same to
our said circuit
Court with all convenient speed, together with this commission, enclosed
under
Witness, Archibald Gamble
clerk,
our said Circuit , Court , in open
court, this seventh of
april eight-
teen hundred and nineteen and
of
our independence the forty third Archibald Gamble Clerk,
Deposition, of Wallis Estell, taken at the
office, of
William , C Carr in,the town of S , Louis on
Satur-
day the 10th day of April
1819 between the hours of 10 in the morning, &
five
O'clock, in the evening, to be read as
evidence, in a
suit,
now
pending, in the circuit court
for the county
of S , Louis wherein Jack a
blackman, is plaintiff and Rederick
Hyatt, admit of B Harris, is
defen-
dant
in pursuance, of the enclosed.
The
deeponent, being of lawful, age
&
first, duly sworn deposeth &
saith, that
The Receipt hereunto annexed, Dated
the Tenth Day of September
eighteen Hundred
& two for the sum of One thousand Dollars
signed
by Eusebius , Hubbard = and witnessed, by Nicholas
Proctor
and this Deponent was executed, and Delivered in this
Deponents
presence to the person therein, Named Viz, John Proctor
& George
Hubbard - that this Deponent saw the, money
paid to Eusebius , Hub-
bard = by the said
John Proctor & George Hubbard = that this deponent,
saw Jack
the Plaintiff in the above suit Arch; and other property brought
up
&
delivered, to the said Proctor &
George Hubbard by the said
Eusebius Hubbard = for and in Consideration
of which said property the Money
mentioned in this Recipt was paid -
that this Deponent has seen
Jack the Plaintiff in this suit
& Arch, before mentioned and that he is convinced said Negross
are the same that were Delivered
to Proctor & Geo: Hubbard -
and for whom the money before men-tioned was paid- that this Deponent
saw, that Plaintiff Jaack, a few
Days
ago in the Possesion of Barnabas Harris and that He acknowledged to the
deponent, that he Jack ,
Recollected
being called - up & Delivered to John Proctor & Geo;
Hubbard
mentioned in the Recipt before mentioned = the persons named
in
the Receipt viz; Geo: Hubbard - was the son & John
Proctor
was the son in law of said Eusebius , Hubbard = that the
Deponent
lived within about half a mile of Eusebius , Hubbard and was
well,
acquainted with all the Parties - That
this deponent does not know
That Eusebius Hubbard was Involved in Debt
to any considerable
amount, at the time this transaction, took place -
that this -
deponent,
believes that this transaction took place either a short time before or
after the Death of Mrs Hubbard wife of said Eusebius = and further
this
Deponent saith not-
Wallis Estile
Territory of Missouri
County of St Louis
On this Tenth Day of April Eighteen Hundred
& Nineteen personally appeared
before me the
Undersinged a justice of the peace within & for the county
aforsaid W
Estell and being duly sworn Delivered the foregoing
Deposition which is in
my hand writing,- and signed it in my
Presence- Given under my hand
and seal Date as above at four
O'Clock,-
Afternoon
Peter Ferguson ,
Petition
The, Clerk of the Circuit, Court of the County of St Louis ,
Filed April 19th 1819 A Gamble Clerk,
Peter Fe
Justice
guson
of the peace
Justice
Peter Ferg
Justice
uson
of the peace
Action of false imprisonment, to the plaintiffs right, to freedom
And the said defendant by his
attorney, comes and defends the charge of the
force & injury and says
that the plaintiff at the time of the commencement, of this suit was,
the property of said
Bar,-
nabas Harris & a
slave, for life & is not entitled, to
his freedom &
this he is ready, to verify, wherefore heprays
judgment
Carr atty Dft,
And the said Jark says that he is at
the time of the commencement of his action free and entitled to his freedom
and this he prays may be
by the
county and the defe
ant doth the doth,.
Barton,
Frederick Hyatt
administrator of Barnabas , Harris Deceased Richard, Chitwood attended as a witness in the above court at the august term of the Circuit Court six Days 6.81
R Chitwood,
Sworn, to in open court August 21st 1819
The Jury do find in favor of the, Defendant
Filed April 21st 1819
A Gamble clk,
Reasons for a new trial
1. The vedict is against evridence in this that the person under whese deft claims do not prectend to claim under any sale in Kentucky . but under the settlement made by Elisabeth Bond who and point of law clearly had neither right nor power to see,
2. The marriage contract subsequent proceeding destroy all pretense of right in Harris by virtue of sale, in Kentucky .
3. It was proved that there was a bill of sale in to Proctor
and Hubbard and therefor the jury
should have regarded the so proper evidence, of that sale.
4. The court misdirected the jury in this towit that if they believe the sale in kentucky was intended as a fraud upon all the world that still it was good if Jack
5. the Court
refused, to instruct, the jury,
that the sale to Harris , was void of being, a
sale of a
chore, in action,
Barton,
vs
Hyatt,
motion & reasons for, a new trial,
filed,August 23rd
1819 A Gamble clk,
vs
Hyall admn of Harris ,
Additonal reasons for new trial,
That,
the court
rejected, the evidence that was
offered, by the plff, that E
Hubbard,
had during, his life often declated that it
was, his intention, at his death, to
set,
the said plff
free, and that he,
had promised, to
the said
plff, to do so,
2 that the court
misdirected, the jury,
in this
that they
were, to consider the plff as having, no
other
right,
to his freedom, that such as
E
Hubbard,
if now alive, would have to the said
plff,
if he was now claiming
Jack , the Plff against, the Present
defendants,
A Gay, atto Pro Plff
Reasons, for new trial, in the case,
Jack ,vs Hyatt,filed,Aug 12th 1819
A Gamble Clk,
To the Honorable the judge of the circuit courts in the Northern Circuit
The petition of Jack a black man humbly thewith that he was heretofore the
slave of the Eusebius Hubbard of the County of S Louis and that the said
Eusebius Hub=bard on the eighteenth day of August
one thousand eight hundred and seventeen by a certain instrument
in writing under the hand ad seal of the said Eusebius eman
cipated your
petitioner after the death of the said Eusebius and that the said Eusebius
as afterwards
died, whereby the said Jack became free
Your petitioner further states that Barnabas Harris oof S Louis County now
keeps
and holds him as a slave - Wherefore
your petioner prays
such order may be taken to enable him to secure his freedom as the law
directs
Jack's mark,
This made and concluded, this Eleventh day of October
One thousand Eight
Hundred and Eleven by and between Eusebius ,
Hubbard George
Hubbard , Thomas Bellew and John Proctor,
of
the one
part, and Elizabeth Hubbard James Whiteside Davis
Whiteside ,
of the other part witness that
whereas, in and by a certain marriage contract
entered, into by and between Eusebius Hubbard and
Elizabeth , Hubbard baring date June 11th 1805 Certain
Negroes,
to me Lucy Milly Hannah Charlotte Jude Baren Arch
Matt Tye Jack , and their increase and
certain, other property therein specified,
was
settled, and endowed, upon her the said Elizabeth ,
and
certain,
other property belonging to said
Elizabeth , was brought, into the
said
marriage, contract to the said Eusebius , Hubbard
during, his
personal, life and with to the
heirs, of Elizabeth , as by
said marriage
contract, will appear, and whereas, the
sd Eusebius ,
George
Thomas , and John, have set up
pretensions, and claims, to
said
property, so settled upon, the said Elizabeth ,
and for the establish
ment, of her abbr>sd claim, she has
petitioned, the general of the
territory, of Louisiana , setting as of and
whereas an amiable
adjustment hath, taken place between,
the
parties, and the said dispersed are, likely to
terminate, in a
peaceable, way to the satisfaction, of all
concerned. Now
therefore be it known,, that for the causes, and
considerations,
of the said and of one
doollar paid
in, hand by the petitioner, of the
second
part, to the party, of the first part, that the said
party,
of the first part, that is to, say
the sd Eusebius Geroge Thomas, and
John
for, themselves their heirs Executors, do do hereby grant Bargain
Release, and give claim, to sd Davis Whiteside , and
James
Whiteside , in trust, for the sale and support use, and
benefit, and
of the said Elizabeth
Hubbard , all the right
bill
interest, and claim which the Saintly, and seperated have in and to the
plantaion and stock thereon are
thereabouts,
now occupied by the sd Elizabeth , and Eusebius ,
and also to five
negroes named Hannah
Charlotte Tye, and Malinda ,
to have and
to hold the same property to them and there
Constituents, in trust, as aforesaid
forever, and the sd Davis , and James , for
the
causes, and considerations afore, and
also
ofthe Sum of one dollar to them in
said
do, hereby
grant Bargain release, and give
claim to the said
George ,
Thomas and John and to their heirs,
and
assigns, forever
all the right title interest, and
property the
jointly, and
separately, have a in and to five Negroes named Milly Harvy, Jack Matt
Baron, and to Said Eusebius as,
long he
Shall reside
in, the district of St. Louis and after his
death,
with to the sd George Thomas , and
their
heirs, and assigns, to two negroes named Arch &
Jack,
the sd suit, in the General Court
is, to be dismissed on the
Cost of David
Whiteside, and James Whiteside , and the
sd George , Thomas and John for
themselves their heirs
executors,
and assigns, do hereby
covenant, to and with the sd, Davis
and James Sons of
the said Elizabeth
acting, on the behalf
of the sd Elizabeth , that they the
sd George , Thomas and
John,
shall and keep the
sd Elizabeth , Davis and
James harmless from all
debts, of the said Eusebius Hubbard's
contracting, before the marriage contract, was
entered, into by and betwen Eusebius , and Elizabeth ,
and
from,
all costs prior, to the said marriage contract defending
the,
Same so that the property, of
Elizabeth , Davis and James or
either, of
them their heirs
Executors, shall not be after
answerable
for any of sd debts nor their, bodies
molested
ther,
for and the said George Thomas and
John not to be
accountable,
for any of the said debts
contracted, since the marriage, the
business being fully
understood between parteis, - For the
of all and singular, the covenants,
and
agreements
herein, contained the parties, aforesaid
hereby
bind themselves
jointly, and severally their heirs executors
&, to the others in the penal sum,
of three
thousand dollars in, witness whereof, the parties
afore,
said have hereunto set our hands,
and affix
our, seals
th day and year first, above
written,
signed sealed, and delivered, in presence, of
R
Chitwood , John
Brown , James
Chitwood, Eusebius
Hubbard , George
Hubbard , thomas
Bellew,John John
Proctor, Elizabeth
Hubbard , Davis
Whitesides, James John
Whitesides , A true copy Drawn by Joseph
W Clereg, from a copy
drawn,
by Thomas
Bellew,
Everything is contained in
this copy, that is in the
original, all but the Magistrates Signatures, on
the
Book stating
we, all personally appeared, and
acknowledged, the within before, him
Jack's freedom
This Indenture made and concluded this & Eleventh, day of October one
Thousand eight hundred and
eleven by and between Eusebius , Hubbard
George
Hubbard Thomas , Ballew & John Proctor, of the
one part
and Elizabeth Hubbard James Whiteside Davis Whiteside of
the Other part
witnesseth, - whereas in and by a certain marriage
contract, entered into by and between the said
Eusebius
Hubbard ,
and Elizabeth Hubbard bareing,
date June the 11th 1805 Certain
negroes to me Lucy , Milly Hannah Charlotte Jude
Barn Arch
Matt Tye, Jack and there
increase and certain other property there
in specified, was settled
and endowed upon her the said Elizabeth
and Certain Other property
belonging to said Elizabeth was brought
into the said marriage contract, to
the said Eusebius , Hubbard
during his life and with to the heirs of sd, Elizabeth
as by said
marriage contract will appear and whereas this sd Eusebius ,
George Thomas
and John have set up pretentions and claims to
said property so settled
upon the said Elizabeth and for the
establishment of her sd claim, she has petitioned,
the general
of the territory of Louisiana sitting as a court of
chancery, and
wereas an amicable, adgustment hath
taken place between
the parties and the said dispersed or likely to
terminate in a
peaceable, way to sattisfaction of all
concerened,
now therefore be it known that for
the causes and considerations
aforesaid and of one dollar paid in hand
by the
parties, of the
second part to the party of
the first part that they, said party
of the first part that is to say
sd Eusebius , George Thomas
and
John for themselves their heirs Executors, do hereby grant
bargon Release and give claim to the said Davis , Whiteside
and
James Whiteside in trust for the sale, and support use
and
benefit and behoof of the sd, Elizabeth Hubbard all the
Right
title interes and claim which they jointly, and
seperately have in
and to the plantation and stock thereon or thereabouts,
now
specified, by the sd Elizabeth , and Eusebius ,
and also to five negroes
named Hannah Charlotte, Tye, Phil
and Malinda to have and
to hold the same property to them and there
Constituants in
trust as sd,, forever and the
sd Elizabeth Davis , and
James for the
causes and condiderations afore and also of the
sum of one dollar to
them in hand paid
do, hereby grant
Bargain, Release and give claim, to the
sd George Thomas and John
and to there heirs and
assigns, for ever all the right title,
interest
and property they jointly, and separately have a
claim, in and
to five negroes named Milly Harry Jack , Matt Barn and
to said as he shall reside in, the district
of
st, Louis and after his death with to the sd, George
Thomas and John and
their heirs and
assigns, to two negroes
named Arch, and
Jack , the sd suit in the general Court
is to
be dismissed on the cost of Davis Whiteside , and James
Whiteside ,
and the sd George Thomas and John
for themselves there
heirs Executors, and assigns, do
hereby
covenant, to and with
the sd Davis and James sons of the sd Elizabeth acting on the behalf
of the sd Elizabeth that they the sd George Thomas
and
John shall and will keep the sd Elizabeth Davis and
James harm
less from all debts of the said Eusebius Hubbard ,
contracting
before the marriage contract was entered into by and between
Eusebius , and Elizabeth and from all costs prior, to
the said
marriage contract Defending the same so that the property
of Elizabeth Davis and James or either of them there hiers
executors,
shall not be after answerable for any of sd debts
nor
there bodies molested therefor and the said George Thomas and
John not
to be accountable for any of the said debts contracted
since the
marriage the business being fully understood between
parties, for the true performance of all and
singular the
convenants,
and agreements here in
contained the parties aforesd
here by bind, them selves
jointly, and severally their heirs, each to the other
in the
penal, sum of three thousand
dollars In
witness where of the parties afore said have here
unto set our hands and affixed our seals the day and year
first above
written
signed sealed and delivered
in presence of
R
Chitwood ,
John Brown
James
Chitwood,
Eusebius , Hubbard George Hubbard Thomas , BallewJohn Procter Elizabeth , Hubbard Davis Whiteside
James Whiteside , A true Copy drawn, by
Thomas , Ballew
Every thing is contained in this copy that is in the Origianl
all but,
the Magistrate Signeture on the back stating
we all personally appeared
and Acknowledged the within
before him
To Mr Eusebius Hubbard
living in Florisa
favoured by Mr Derrett Hubbard