Henry Atkinson v. George R.H. Clark, Executor of the Estate of William Preston Clark
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To the County CourtCircuit Court of the of
St LouisSt Louis

Your Petitioner HenryHenry AtkinsonAtkinson shows that
unto this court that on or about the twenty third day of July in the year 1836 at St LouisSt Louis in the
State of MissouriMissouri he was negotiating with WilliamWilliam Clark
ClarkWilliam Clark of the City of St LouisCity of St Louis lately deceased for some
in the town of Paducah State ofKentucky KentuckyKentucky at
which time and place and during saith negotiation
WilliamWilliam R.Clark the agent and attorney in fact of
said William ClarkWilliam Clark in the transaction in the presence
of the said William ClarkWilliam Clark represented that the
herein after described and which are the
same purchased by your petitioner of the said WilliamWilliam Clark
ClarkWilliam Clark had a level surface and were not intersected
nor broken by any That relying upon saith
made in the of the said
William ClarkWilliam Clark amd assented to by him your Petitioner
purchased composing Blocks four (4) and eight (8)
in the town of Paducah and upper addition to said
town as laid down and numbered on slat filed in
Recorder's Office County of McCracken and State of Ken
tucky for and in consideration of the sum of twelve
Hundred Dollars One Hundred and Twenty Dollars
whereof were paid cash down and for the balance
he executed to the said William ClarkWilliam Clark his promissory
note payable years after date with interest thereon
at rate of six percent per annum payable semi annually
which note is dated the twenty third day of July
aforesaid and on the same day the said WilliamWilliam Clark
ClarkWilliam Clark executed to your petitioner his deed for said
Clarks in the town of Paducah aforesaid.
Your Petitioner further stateth that since the
execution of said note and deed and payment of
part of the consideration as aforesaid your petitioner

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has ascertained and asserts the fact to be that
said Clerks are not of and but on the con-
trary are intersected by a deep ravine at least thirty
feet deep running through the front block and then
in two through the other block in rear
of the first making both of little or no value and
finding such to be the situation of the property your
Petitioner has not recorded the deed aforesaid

Your Petitioner further & herewith that he
communicated the facts to said William ClarkWilliam Clark who said in answer
the matter should be conected so as his son WilliamWilliam Clark
& ClarkWilliam Clark agent and attorney as aforesaid should re
turn to St LouisSt Louis he being then about. That the
same has not been and the said WilliamWilliam Clark
ClarkWilliam Clark has since departed this life having made
his last will and testament and therein appointed
his son George ClarkGeorge Clark his executor

But now so it is may it please this
court that the said GeorgeGeorge Clark ClarkGeorge Clark admitting the matters
and things herein let forth and stated refuses to pay
or to refund to your Petitioner the sum so paid by
him to the said WilliamWilliam Clark ClarkWilliam Clark and to surrender
to your Petitioner the note aforesaid executed
by your Petitioner to the said William ClarkWilliam Clark through
Your Petitioner has frequently requested the same
and offered to surrender the deed aforesaid
executed by the said William ClarkWilliam Clark to your
Petitioner to be cancelled on the grounds
that being possessed of the said note in a repre
sentative character and acting not in his own
right but as executor of the last will and
testament of the siad William ClarkWilliam Clark deceased