State of MissouriMissouri
County of St LouisCounty of St Louis
Hamilton R. Gamble being duly sworn your his oath
says that he delivered a true copy of the within notice to John F. DarbyJohn F Darby on
the 13th of May instant. H. R. Gamble sworn to and subscribed in
open court this 15th of May 1829. Henry ChouteauHenry Chouteau clerk
On which fifteenth day of the said month of May appear in court
John M. CollinsJohn M Collins and Lavinia CollinsLavinia Collins , late Lavinia DarbyLavinia Darby by Hamilton R.
Gamble their attorney, as well as John F. DarbyJohn F Darby , guardian of said Lavinia
in his own proper person; and the said John M. CollinsJohn M Collins and LaviniaLavinia Collins
CollinsLavinia Collins late Lavinia DarbyLavinia Darby by their aforesaid attorney, move the court for
an order on said John F. DarbyJohn F Darby to pay over to said John M. CollinsJohn M Collins the
amount of money appearing by the last settlement of his account as
guardian as aforesaid to be in his hands belonging to said ward.
And it beeing proved to the satisfaction of the court that said Lavinia
has been legally married to the said John M. CollinsJohn M Collins , and that said
John F DarbyJohn F Darby has had reasonable notice of the application of said
John M. CollinsJohn M Collins and Lavinia CollinsLavinia Collins late Lavinia DarbyLavinia Darby : The court
on due deliberation thereupon had, order and direct the said John FJohn F Darby .
DarbyJohn F Darby Guardian as aforesaid to pay over to the said John M. CollinsJohn M Collins
as guardian as aforesaid, with this court on the seventh day of this present month of May to wit; four hundred and fourteen dollars, ninety
four and a half cents; and that on the production of the receipt of the
said John M. CollinsJohn M Collins said guardian shall be discharged. Whereupon
the said John F. DarbyJohn F Darby , guardian as aforesaid prays an appeal from
the decision and order of this court, to the Circuit CourtCircuit Court of St Louis County;
and upon filing his affidavit, stating that he does not appeal for the
purpose of vexation and delay but verily and truly because he deems
himself aggrieved by the decision of this court, said appeal is granted.
Which affidavit is in the words and figures following, to wit;-