Be it remembered that at a special term of the Circuit Court held at the Court house in in the County of aforesaid within the fifth Judicial Circuit in said on Monday the seventh day of January in the year of our Lord one thousand eight hundred and thirty nine— and of the Independance of the — the Sixty second before the Honorable Judge of the fifth Judicial Circuit in said commissioned & assigned to hold the Circuit Court of said in said State <​Circuit​> The said Court held in pursuance of an order made out by the Honorable the of the said fifth Judicial Circuit and transmitted to the clerk of the Circuit Court and by him entered upon the Records of this Court on the 25th day of December in the year 1838 high Sheriff in and for said returns into open Court the s writ of to him directed. Executed on Nathan Smith, Isaac Hale, Joseph Proffit John Paul Ervin Patton James Patton Edward R Davis Joseph Hanes Williamson McCallum Andrew Hanna Perry Maupin Newton McCuistion David Riffe Benjamin Gaunt Thomas Allen Noble Goe John D Elliott Ephraim January Jacob Stanley, and William S. Miller. and the said appearing, and before the swearing of the Jury the circuit moved the Court to adjourn and said causes over until the Regular term which motion being argued [p. 342]