vs Wauhop &c } in chancery
This cause came on this day to be heard upon the bill answer & exhibits and upon the order of Reference of this cause to the award of A. Staples & upon the award & was argued by councils which said award is as follows "the undersigned to whom has been referred for his award all matters in difference between H. Shelton & James W. Wauhop having this day examined the bill & answer and the witness, awards that the defendant J. W. Wauhop pay the plaintiff H. Shelton thirty five dollars with interest from the 5" day of May 1836 and the cost of the suit. Given under my hand and seal this 25" day of April 1842. A Staples" It is therefore adjudged ordered and decreed that the plaintiff do recover of the said defendant James W. Wauhop the said sum of thirty five dollars with interest from the 5" day of May 1836 and the cost of this suit. And it appearing to the satisfaction of the Court that the Subpoena in this Cause has been duly executed on the home defendants Abram Staples and Thomas M. Clark more than four months before this Term and they still failing to answer the plaintiffs bill the same is taken as to them as confessed. And the said Staples and Clark agreeing in Court to this it is therefore adjudged ordered and decreed that the said Staples & Clark do pay the said plaintiff the said sum of $35 with the interest as aforesaid & the cost of this suit out of any in their hands which they may have collected and if they shall not have collected a sufficiency to pay the same they shall proceed forthwith to collect enough to satisfy this decree out of the claims in their hands belonging to said Wauhop & when collected to pay the same unto the said plaintiff.