Henry Atkinson v. George R.H. Clark, Executor of the Estate of William Preston Clark
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On the 12th March 1838William ClarkWilliam Clark , WilliamWilliam C.CarrCarr
sold their land in Jefferson CountyJefferson CountyMo it was believed and
understood by both that their bill to the said land was complete
and that the survey thereof made under the authority of the UnitedUnited States
StatesUnited States and forwarded to WashingtonWashington for approval would be so app
roved in the ordinary course of business of the office, this however
not the and a patent certificate for said land was
withheld until about January of February 1844, at the time said
was made the said WilliamWilliam C.CarrCarr having become the purchaser
of a part of said land gave his notes therefor to the said WmWilliam Clark .
ClarkWilliam Clark for his half of the undivided of said land so purchased
the first fo which notes falling due within six months of said
sale amounting to the sum of four hundred, six dollars
was paid at maturity, it then appearing that some difficulty
concerning the title and survey of said land at the
office of Commissioner of lands at WashingtonWashington no confirmation
of the said title and survey could be procured from said com
missioner until the time above Stated. The said Wm.C.CarrCarr
therefore contends that he ought not to be held to pay the interest
on said notes beyond the time the same matured and called for interest.
Because the consideration for the payment of the said interest had
failed by reason of the withholding of the title at WashingtonWashington
and the said land being owned jointly by the said Clark
andCarrCarr the said Clark was jointly bound with said CarrCarr
to perfect the title to said land before interest should be claimed
on said notes, said CarrCarr makes no objection to paying the principle
and interest called for by said notes as also the interest accruing on
the same from the date of confirmation of the title to this date but
only objects to paying the interest which has accrued from the maturity of
said notes to the date of the confirmation of the title to said land
in January or February last as above stated.

WillWill C.CarrCarr