Francis Bowling & Clarissa Gardiner v. David Atkins. Agreement


Whereas Clarissa Gardiner & Francis Bowling administrators of Richard B. Gardiner dec'd late of Charles County Md. are about to institute a suit by action of replevin in the Circuit Court of the District of Columbia for Washington County against the undersigned David Atkyns for the following negroe property viz David aged about nine years, Mary about seven years, George about four years Francis about three years, John William about eight months & their mother Matilda now this is to witness that to some expense &c the replevin suit as aforesaid shall be docketted by consent on the Appearance appearance Trial Docket docket of said Court to November term 1840 for trial at said Term if ready & the negroes aforesaid shall be considered to all intents the same as if they had been repleveed & delivered to the plaintiffs & by them left with the said David Atkyns who is to keep them safely & if the suit is decided in favor of the plaintiffs he is to deliver them up forthwith, or sooner if the plaintiffs will execute to him at any time a good replevin bond. The object of this agreement is simply to leave the said negroes in the possession of said David until a decision on the title can be had   as aforesaid, & should the decision be in favor of the Plaintiffs for the above negroes or any of them, then the said David binds himself to deliver up immediately to the Plaintiffs the said negroes or such of them, as may be adjudged to them & the undersigned George Adams & James Marshall executes this instrument as security for the said David's [strikethrough] performance of each & every stipulation on his part to be performed & done.

The words [strikethrough] "appearance Docket" and the words "for trial at said Term" being first interlined. also words "James Marshall"

Dave Atkins

Geo Adams
James Marshall

Jos. H. Bradley
Wm Brent