t of us,
through the help of God, hope ere long to join them.
Write to me again when you receive this.
Affectionately,
A. LINCOLN.
PETITION ON BEHALF OF ONE JOSHUA GIPSON
TO THE JUDGE OF THE SANGAMON COUNTY COURT,
MAY 13, 1851.
TO THE HONORABLE, THE JUDGE OF THE COUNTY COURT
IN AND FOR THE COUNTY OF SANGAMON AND STATE OF ILLINOIS:
Your Petitioner, Joshua Gipson, respectfully represents that on or about
the 21st day of December, 1850, a judgment was rendered against your
Petitioner for costs, by J. C. Spugg, one of the Justices of the Peace
in and for said County of Sangamon, in a suit wherein your Petitioner
was plaintiff and James L. and C. B. Gerard were defendants; that said
judgment was not the result of negligence on the part of your Petitioner;
that said judgment, in his opinion, is unjust and erroneous in this, that
the defendants were at that time and are indebted to this Petitioner in
the full amount of the principal and interest of the note sued on, the
principal being, as affiant remembers and believes, thirty-one dollars
and eighty two cents; and that, as affiant is informed and believes, the
defendants succeeded in the trial of said cause by proving old claims
against your petitioner, in set-off against said note, which claims
had been settled, adjusted and paid before said note was executed. Your
Petitioner further states that the reasons of his not being present at
said trial, as he was not, and of its not being in his power to take an
appeal in the ordinary way, as it was not, were that your Petitioner then
resided in Edgar County about one hundred and twenty miles from where
defendants resided; that a very short time before the suit was commenced
your Petitioner was in Sangamon County for the purpose of collecting debts
due him, and with the rest, the note in question, which note had then been
given more than a year, that your Petitioner then saw the defendant J.
L. Gerard who is the principal in said note, and solicited payment of the
same; that said defendant then made no pretense that he did not owe the
same, but on the contrary expressly promised that he would come into
Springfield, in a very few days and either pay the money, or give a new
note, payable by the then next Christmas; that your Petitioner accordingly
left said note with said J. C. Spugg, with directions to give defendant
full time to pay the money or give the new note as above, and if he did
neither to sue; an
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