0001

State of Illinois County of Vermilion }

October term of the Vermilion County Circuit Court — AD 1952

To the Hon. David Davis presiding judge of the said court in Chancery sitting.

Humbly complaining showeth unto your honor, your orators Samuel Sconce and Henry H. Conover doing business under the name and style of “Sconce & Conover” both of the county of Vermilion and state of Illinois that they your orators employed owe William M Heistand of the same county and state to do certain work — to wit the buildings of a saw mill.) That during the process of said work (as well as before and after said time) your orators paid the said Heistand large sums of money (in chas)— and other things such as goods &c— as he said Heistand would want and desired, and that afterwards t wit, at the last term of this Hon. court— that is to say at the May Term of the Vermilion County Circuit court o Illinois 1854 — the said Wm M. Heistand sued your orators for the work and labor &c aforesaid. Your orators further show to your Honor on that the said Samuel (0ver) 0002 Scone (one of your orators) and one James S. Sconce, a son of the said Samuel are doing business as partners under the name and style of “Sconce & Son” That the said Wm M Heistand often and at times came to the place of business of the said “Sconce & Son” (to wit) at their store, and purchased of them a large quantity of goods and borrowed money &c &c — without paying for the same That at the same Term of court — to wit at the last Term of the court aforesaid the firm of Sconce & Son aforesaid sued the said Wm M Heistand— which suite was pending at the same time that the suit of Heistand against Scone & Conover was and that before the final hearing of either of said suits it was compromised and agreed by and between the said Wm M Heistand and the said Firms of “Scone & Conover”, and “Sconce & Son” that judgment might be rendered on both suites that against Sconce & Conover in favor of Heistand for $ 423/22 that against Heistand in favor of Sconce & Son for $ 261.90 and that the latter of said judgments should operate as an off set and was to be taken and received as part payment of the said former judgment 0003 and that a certain other judgment for $ 50.& cents recovered before J. D. Perkins a justice of the peace in favor of the said Scone & Son together with other sums of money paid the said Heistand by the parties above said at times should be taken and received and should operate as a set off and discharge of said first mentioned judgment. Your orators further show that it was on these conditions and at the instance and special request and agreement of the said Heistand that the judgments aforesaid were rendered.

Your orators would further represent to your honor that they have never had a final settlement in pursuance of the compromise & agreement aforesaid and that the said Wm M Heistand is indebted to your orators ,instead of your orators being indebted to him as he says — and that your orators have been ever willing and desired to settle with him the said Heistand as it was agreed they should settle, but he the said Heistand has refused and still doth refuse to settle—

And your orators further represent — to your honor that the said Wm M. Heistand has over 0004 gone one regardless of his said agreement and compromise and has fraudulently ordered out an execution on his said judgment against your orators obtained in the circuit court aforesaid— which said execution is now in the hands James Probst deputy sheriff of this county the officer for collection or execution — which said act of ordering out of said execution on the part of said Wm M Heistand your orators charge to be fraudulent and in gross violation of the principles of good faith equity and honor *

*And your orators further represent unto your Honor that the said Wm M Heistand is a man of small measure and your orators greatly fear that if the said Heistand is permitted to collect the judgment recovered against them that they will be unable to recover the of any judgments. They may hereafter recover against him in a suit at law for a breach of the contract aforesaid

Your orators therefore of the premises and seeing that he is otherwise reminderless in a court of law pray that the said William M Heistand and James Probst Deputy Sheriff may be made a defendants to this bill, and that a summons in chancery be issued for them to appear at the next term of this Hon able court

An your orators further pray that the said Wm M Heistand and James Probst , Deputy Sheriff, unto whose hand the said execution has come been placed for collection be enjoined from the collection of the money on the said execution, until the final hearing of this cause and that one the final hearing of this cause your orators pray that the said defendant be perpetually enjoined the 0005 collection of said judgments and execution and further prays that on the final hearing of this cause that your honor order and decree such judgment in favor or against your orators as shall seem according to equity and good conscience

And your orators further pray for such other and further relief as may be accorded to equity and good conscience and as in duty bound your orators will ever pray &C &C

Scone & Conover Lincoln & Lamon, Sols—

The clerk will issue an injunction in the above case on complaints filing Bond with good security in the sum of one thousand dollars September 13. 1852 G Merrill M? in Chy

0006

No 89

Sconce & Conover vs Mr Wm Heistand & James Probst Deputy Sheriff

Bill for Relief Injunction

Filed Sept 13th 1854 Saml E Craig Clerk

The Clerk will please issue a summons in Chancery for the above deft returnable at the next term of the county & Oblye Lincoln & Lamon

Sept 1854