John M. Collins, Lavinia Collins vs. John F. Darby
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State of MissouriMissouri
County of St LouisCounty of St Louis

Be it remembered that heretofore, to wit; At a County CourtCircuit Court
begun and held at the City of St LouisCity of St Louis in and for the County of St LouisCounty of St Louis on the first Monday it being the fourth day of May in the year of our Lord one thousand eight hundred and twenty nine were present Mary Philip LeducMarie P Ledue , presiding justice, Frederick Hyatt &
Hartley Lanham Esquires, Robert SimpsonRobert Simpson Sheriff Henry ChouteauHenry Chouteau Clerk.
Now on the fifteenth day of the said month of May in the year aforesaid
Hamilton R Gamble appears in open court and files a notice in the words
and figures following, that is to say; To John F. DarbyJohn F Darby Esq. Guardian of
Lavinia DarbyLavinia Darby now Lavinia CollinsLavinia Collins . Sir. Take notice that on the fifteenth day of this present month of May we shall apply to the County
County now in region for an order on you to pay over to John M. CollinsJohn M Collins
the amount of money appearing by the settlement of your account as
Guardian as aforesaid to be now in your hands, your said ward Lavinia
being now lawfully married to the said John M. CollinsJohn M Collins . May 13th 1829.

John M. CollinsCollins Lavinia &
LaviniaCollins Lavinia Collins by
H. R. Gamble their atty.

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With the following endorsement thereon, to writ;-

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

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the balance remaining in his hands on the settlement of his account
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;-

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John M. CollinsJohn M Collins
and Lavinia CollinsLavinia Collins
vs
John F. DarbyJohn F Darby Guardian
of Lavinia DarbyLavinia Darby now
Lavinia CollinsLavinia Collins

In the County CourtCircuit Court of St LouisSt LouisMay Term 1829.

On motion against Jno. F. Darby,
Guardian of Lavinia DarbyLavinia Darby now Lavinia CollinsLavinia Collins
of pay over monies of said ward to Jno. M. CollinsCollins Lavinia , &
LaviniaCollins Lavinia Collins.

John F. DarbyJohn F Darby , the above named Guardian and defendent
appears here in open court and prays an appeal from the order of
payment made on him by this court of this day, to the next circuit
court of St Louis County, and the said John F. DarbyJohn F Darby being duly sworn,
deposes and states that he does not appeal for the purposes of vexation
and delay, but verily and truly because he deems himself aggrieved
by the decision of this court.

John F. DarbyJohn F Darby

and subscribed in open court before me this 15th May 1829.

Henry ChouteauHenry Chouteau clerk

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Whereupon the records and proceedings in the case aforesaid are here
by sent to the Circuit Court of the County of St LouisCounty of St Louis aforesaid.

State of MissouriMissouri
County of St LouisCounty of St Louis

Henry ChouteauHenry Chouteau , clerk of the County CourtCircuit Court
for the County of St LouisCounty of St Louis, do hereby certify that the foregoing is a conect
transcript of the record and proceedings in the case of John M. CollinsJohn M Collins
and Lavinia CollinsLavinia Collins late Lavinia DarbyLavinia Darby vs John F. DarbyJohn F Darby Guardian of
the said Lavinia as the same remains in my office.

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In the testimony whereof I have hereunto set my hand and
officed the seal of the said County CourtCircuit Court at office this eight-teenth day of June, eighteen hundred and twenty nine.

Henry ChouteauHenry Chouteau Clerk

Non Suit Book 5 page 367
ArchArchibald Gamble GambleArchibald Gamble Clerk
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No 79

St Louis Circuit CourtCircuit Court July Term 1829

John M CollinsCollins Lavinia
LaviniaCollins Lavinia Collins
vsJohnJohn F Darby FJohn F Darby DarbyJohn F Darby
appeal

Filed 23rd July 1829

Archd GambleArchibald Gamble Clerk