PILOT 255 



'STAFFORD, November 26th, A. D. 1833. 



"Tolland county, ss. I then put into the hands of the within-named 

 Elias L. Rockwell a true and attested copy of this writ or summons. 



Fees, travel $ o<55 



Copy 25 



$0.80 

 (Attest) CALVIN FISK, Sheriff's Deputy ". 



" And now the defendant pleads, defends, and says that the plaintiff's 

 declaration and matters therein contained are insufficient in law, judgment, 

 etc. By Stoddard, his attorney ". 



" The plaintiff replies and says that his declaration and the matters therein 

 contained are sufficient in the law. Judgment, etc., etc. 



By C. WILLEY AND WOODWARD, his attorney ". 

 " Tolland County Court, December Term, A. D. 1832. John Dean of Stafford, 



plaintiff, Elias L. Rockwell of Stafford, defendant : 



" In an action of account demanding five hundred dollars damages with 

 costs and that the defendant render his reasonable account during the time 

 he was bailiff and receiver of the plaintiff, as per writs on file dated the 24th 

 day of November, A. D. 1832. The parties appeared in court and the de- 

 fendant demurred to the declaration, and the plaintiff joined in demurrer as 

 on file. Whereupon, this court consider that the declaration is sufficient, 

 and therefore find for the plaintiff to recover of the defendant five hundred 

 dollars damages and his costs. The defendant appeals to the superior court 

 to be holden at Tolland within and for the county of Tolland on the 3d 

 Tuesday of April next, and the defendant and John J. Moulton, Esq., recog- 

 nized in the sum of one hundred dollars to the adverse party, conditioned 

 that the defendant shall prosecute this appeal to effect and answer all dam- 

 ages if he make not his plea good. One dollar duty is paid hereon. The 

 foregoing is a true copy of record. 



Attest, JEREMIAH PARISH, Clerk ". 

 " State of Connecticut, County of Tolland, office of the clerk of the Superior 



Court of Tolland County, June 17, 1889. 



The foregoing is a true copy of record as appears in this office. 

 [ L . s .] Attest, EDWIN Q. DIMOCK, Clerk". 



The docket entry made the ttyrd Tuesday in October, 1833, showed 

 that the case was then ruled to Minor Graves, Zena Winter and Nathaniel 

 Sibley of Stafford, auditors, to report the third Tuesday of April, 1834. It 

 was the hearing before these auditors that Mrs. Orcutt attended. 



This record establishes the facts that Dean became jointly interested 

 with Rockwell in this "black pacing stud-horse" on or about the first of 

 August, 1830, and that the horse was sold by Rockwell between that date 

 and the first of June, 1831 ; also that, in 1830, he was called by his owners 

 either six or seven years old. Taken in connection with the above entry by 

 Rockwell in his book, the statement of Mrs. Orcutt, and the other evidence 

 already noted, it also establishes the fact that this horse was sold by Rock- 



