Nicholas Clopper to Stephen F. Austin, 09-16-1826

Summary: Judicial procedure. Suit for debt. Enclosures.

To the Honble Judge Austin

The petition of Nicholas Clopper, at San felipe de Austin 16 Septr 1826

Humbly sheweth, that in a decision (filed in your office) had before M. B. Nuckols Esq Alcalde of the D. S. F. de Austin wherein C. G. Alsbury was pit if and your petitioner deft your petitioner is of opinion, that very great Injustice has been done him and therefore prays relief from your honor.

It will appear that the Judgt render'd in the Case aforsaid by the Alcalde is for Seventy Three Dollars and fifty Cents, in Land or Cattle. Now your Honor will perceive that by a true statement of accote between Alsbury and your petitioner a considerable amot see statement No 1 hereto annexed which he unjustly detains to the great damage and loss of your petitioner, and when your petitioner agreed to let the said Alsbury have two Cows and Calves from Capt Christman, it was for the express purpose of paying for a Bay Mare which your petitioner had contracted for with Mr. Hollyman, and the said Alsbury wrote a Letter to your petitioner stating that the reason he did not get the mare was that she had a young Colt and supposed she would not suit whereas your petitioner saw Mr Hollyman after receiving Alsburys Letter and Mr H said that it was not true the mare had not a Colt, nor had Mr A said anything to him about the mare from which circumstances with others your petitioner is apprehensive that said Alsbury is endeavouring to defraud him, for as late as the 7th day of the present month, the said Alsbury told your petitioner that he had Cattle intended for your petitioner in the hands of Wm. Robins, but your petitioner now doubting the truth of this assertion made it his business to see Mr Robins who said that there was no contract between him and Alsbury nor any prospect of one, and that he had no Cattle to deliver to said Alsbury, or his order, this circumstance again excited strong suspicions in the mind of your petitioner, that the said Alsbury intended a fraud—Your petitioner wishes not to withhold any thing that is due from him to another, and prays that you will set aside the Judgt—aforesaid, which he doubts not you will at once see to be Erroneous; and will direct such proceedings as that Justice may be done to both parties —and that your petitioner may be secured in his just Rights.

And in duty bound, will ever pray

(Signed) N. Clopper [Rubric]

I do hereby Certify that C. G. Alsbury Received from me an ordr to Esqr Harris for four Cows and Calves two of which was on accot of N. Clopper and two, on acct of J. C. Ludlow in Testimony whereof I have herewith set my hand Septr 1826

(Signed) Horatio Chriesman [Rubric]


C. G. Alsbury

To Nicholas CLopper Dr.


July 10th To Sundy pr Bill to be paid in 3 weeks 11 pr. Gloves @ 1.37 1/2 or Cash_______________________________________________,___ $14.25

12 To Sunds Pr Bill to be paid in Cattle________ 50. 75


which Cattle Alsbury assured me were in the hands of Wm. Robins ready to be dld on demand except Cows and Calves which could be had early in the Spring. I have called on Robins for Cattle and he said he had none for Alsbury, nor was there and Contract between them

August 11 To Error in Cambricks________________________________ . 50

To two Cows and Calves from Capt Christman on my accot____________@ 15_ 30. 00

To amot pd Mrs Calvet by yr ordr $4—only 3 chgd__________ 1. 00

Sepr 7 To thread 12_ and pr Leather gloves 1.50________________ 1.62



By Amo1 Cattle due on the purchase J. C. Ludlows note as Pr Memo dated 11 Aug1 1826_____________________________________________ $49.12 1/2


11 Aug 1826

G. Alsbury

To Sunds_____________________________________________________________ 17. 00

Mrs Calvet______________________________________________________ 3. 00

J Pennington______________________________________________________ 9.00


Land Office 45 is__________________________________________________ 30. 00

59. 00


By J. C. Ludlows note for Cattle—______________________________ 108.00



to be paid in Cattle or Land Office at the Exchange is 73.50 a Copy

N B. amt pd Mrs Calvet by V. ordr was 4.00 and only 3 chargd in %