Francis Bowling & Clarissa Gardiner v. Edward Simms. Agreement


Whereas Clarissa Gardiner & Francis Bowling administrators of Richard B. Gardiner dec'd late of Charles County Md, are about to bring a suit against the undersigned Edward Sims by action of replevin in the Circuit Court of the District of Columbia for certain negro property viz Margaret Norah aged about thirteen years & Alfred aged about ten years. and whereas the undersigned parties are anxious to save costs and expense. Now this is to witness that it is hereby agreed to docket said suit on the appearance trial docket of said Court for the County of Washington to November Court 1840. And that this agreement shall be filed to stand to all intents the same as if a writ of replevin had been executed on the above named property at the suit of the plaintiffs against the said Sims & as if bond & security had been given by said plaintiffs as is usual in replevin suits. Provided the said Sims shall hold the said property until the decision of said cause, not in his own right but as the agent or bailee of said plaintiffs, the same as if the said property had been delivered to the plaintiffs   under a writ of replevin & then hired out finding the suit to said Sims, but the said Sims is to pay no hire in case he shall succeed in establishing his title to said property, & the said Sims finds himself to deliver up said property to said Plaintiffs within ten days after the final decision of said cause by said Circuit Court (if in favor of the Plaintiffs) or at any time prior thereto if the Plaintiffs shall deliver to him a replevin bond with good security

Edw Simms


Gardiner & Bowling
Ed. Simms