Shelby Circuit Court
Filed August 31, 1871
J. G. Wolf Clerk
I Henry Haehl
the within named defendant hereby waive the issuing of Summons and service thereof upon me to answer to the within complaint of
Mary Peebles and hereby enter my appearance to the within entitled suit and action this August 31, 1871.
Henry Haehl per Hord & Blair
State of Indiana || In the Shelby Circuit Court|
Shelby County SS || October Term 1871|
Mary Peebles Plaintiff
Henry Haehl Defendant
Mary Peebles complains of Henry Haehl and says that heretofore
towit: On the 24th day of Feby 1869 and while her name was Mary Haehl
the defendant by his note of that date a copy of which is herewith filed and made a part of this complaint, promised to pay the plaintiff in the (then) name of Mary Haehl the following sums of money at the following stated times
towit: One Hundred and Fifty Dollars six months after the date thereof and One Hundred and Sixty Dollars on the 24th day of July 1870, three Hundred and Sixty dollars on the 24th day of July 1871 and Three Hundred and Sixty dollars on the 24th day of July of each and every year thereafter from and during the time of her natural life, payable without relief from valuation or appraisement laws of the State of Indiana and the plaintiff says that since the execution of said note she was lawfully married to and is now the wife of ______ Peebles and that at and long before the time of her marriage to said ____ Peebles said note was held and owned by her and now is her separate property. And the Plaintiff says that this suit is brought to recover Judgment on the following installments on and by said note promised to be paid to the plaintiff
towit: One Hundred and Fifty dollars due one day after the date of said note. Fifty dollars due six months after the date thereof, and one Hundred and Sixty dollars due on the 24th day of July 1870 and Three Hundred and Sixty dollars due on the 24th day of July 1871.
And to recover Judgment in said installments only, and the plaintiff says that said installments of one Hundred and Fifty dollars, of Fifty dollars, of one Hundred and Sixty dollars and of Three Hundred and sixty dollars are long since due and together with the interest thereon are wholly unpaid except the sum of One Hundred and Fifty dollars paid July 24th 1869, and the sum of Sixty dollars paid Dec 29th 1869 both of which payments are credited on same note leaving due and unpaid from the defendant to the plaintiff of principal and interest on said instrument of one Hundred and Fifty dollars falling due one day after the date of said note and in said installment of Fifty dollars falling due six months after the date of said note and in said installment of one hundred and Sixty dollars falling due on the 24th day of July 1870 and on said installment of Three Hundred and Sixty dollars the sum of Seven Hundred Dollars wherefore the plaintiff sues the defendant and demands judgment against him in said installments last above described for said sum of Seven Hundred Dollars and all other and further proper relief.
Mary Peebles By Davis & Love her Attorneys
~ ~ ~ ~ ~ ~ ~
Copy of Note
July 24th 1869 For value received I promise to pay Mary Haehl the following sums of money at the following stated times
towit. One Hundred and fifty dollars one day after the date hereof Fifty dollars six months after the date hereof and one hundred and Sixty dollars on the 24th day of July 1870, Three Hundred and Sixty dollars on the 24th day of July 1871, and Three Hundred and Sixty dollars, on the 24th day of July of Each and every years thereafter for and during the term of her natural life, payable without relief from valuation or appraisement Laws of the State of Indiana.
(Signed) Henry Haehl
Recd on this obligation $150.00 July 24th 1869 for which receipt has been given.
Received on this obligation $60.00 Dec 29th 1869.
~ ~ ~ ~ ~ ~ ~
Answer and Plea in Abatement
Filed October 13” 1871 J. G. Wolf Clk
Hord & Blair Atty for Deft.
State of Indiana
Shelby County SS:
Par 1st. The defendant for answer to the plaintiffs complaint says that he specifically denies each and every material allegation in plaintiffs complaint mentioned.
Par 2 And Defendant for further and second paragraph of answer to plaintiffs complaints says that the name used in plaintiffs complaint towit Mary Peebles is not plaintiffs real name. That her name as defendant believes is Mary Haehl, and that he never executed any such note to Mary Peebles and he specifically denied the marriage in plaintiffs complaint and change of name as alleged in plaintiffs complaint therein.
Hord & Blair Attys for Deft.
Be it remembered that on this 13th day of October A.D. 1871, personally appeared in open court Henry Haehl the above named defendant, and being duly sworn upon his oath says that the matters and things set forth in his Second paragraph of answer are true in substance and in fact, and further says not.
Subscribed and sworn to in Open Court October 13, 1871
J. G. Wolf Clerk
Transcribed by Barb Huff
Civil Cases Index