John M. Collins, Lavinia Collins v. John F. Darby
Item
John M. Collins, Lavinia Collins V. John F. Darby. 1829, St. Louis Circuit Court Historical Records Project, accessed October 7, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60716
- Case Title
- John M. Collins, Lavinia Collins v. John F. Darby
- Series
- Lewis and Clark
- Plaintiff
- Collins, John M.
- Collins, Lavinia
- Defendant
- Darby, John F.
- Date Filed
- 1829-07-23
- Filing Date
- 1829-07-23
- Plaintiff’s Attorney
- Gamble, Hamilton Rowan
- Court Name
- St. Louis Circuit Court
- Court Term
- 1829-07
- Judge
- Leduc, Marie Philip
- Clerk
- Gamble, Archibald
- Chouteau, Henry
- Sheriff
- Simpson, Robert
- Cause of Action
- Settlement of Guardian Account
- Case Notes
- Guardian settlement; John F. Darby guardian of Lavinia Darby now named Lavinia Collins; from St. Louis County Court; suing for payment of settled guardian account.
- Case Number
- 79
- Identifier
- ccr1829.05272.003
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**John M. Collins, Lavinia Collins vs. John F. Darby**
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**Page 1** (5272_001.jpg)
> *Legal Function: Appeal from an Order of Payment for Settlement of a Guardian Account*
State of Missouri
County of St Louis
Be it remembered that heretofore, to wit; At a County Court
begun and held at the City of St Louis in and for the County of St Louis on the first Monday it being the fourth
day of May in the year of our Lord one thousand eight hundred and twenty
nine were present Mary Philip Leduc , presiding justice, Frederick Hyatt &
Hartley Lanham Esquires, Robert Simpson Sheriff Henry Chouteau Clerk.
Now on the fifteenth day of the said month of May in the year aforesaid
Hamilton R Gamble appears in open court and files a notice in the words
and figures following, that is to say; To John F. Darby Esq. Guardian of
Lavinia Darby now Lavinia Collins . Sir. Take notice that on the fifteenth
day of this present month of May we shall apply to the County
County now in region for an order on you to pay over to John M. Collins
the amount of money appearing by the settlement of your account as
Guardian as aforesaid to be now in your hands, your said ward Lavinia
being now lawfully married to the said John M. Collins . May 13th 1829.
*John M. Collins &
Lavinia Collins by
H. R. Gamble their atty.*
> *Legal Function: Appeal from an Order of Payment for Settlement of a Guardian Account Part 2*
With the following endorsement thereon, to writ;-
State of Missouri
County of St Louis
Hamilton R. Gamble being duly sworn your his oath
says that he delivered a true copy of the within notice to John F. Darby on
the 13th of May instant. H. R. Gamble sworn to and subscribed in
open court this 15th of May 1829. Henry Chouteau clerk
On which fifteenth day of the said month of May appear in court
John M. Collins and Lavinia Collins , late Lavinia Darby by Hamilton R.
Gamble their attorney, as well as John F. Darby , guardian of said Lavinia
in his own proper person; and the said John M. Collins and Lavinia
Collins late Lavinia Darby by their aforesaid attorney, move the court for
an order on said John F. Darby to pay over to said John M. Collins the
amount of money appearing by the last settlement of his account as
guardian as aforesaid to be in his hands belonging to said ward.
And it beeing proved to the satisfaction of the court that said Lavinia
has been legally married to the said John M. Collins , and that said
John F Darby has had reasonable notice of the application of said
John M. Collins and Lavinia Collins late Lavinia Darby : The court
on due deliberation thereupon had, order and direct the said John F .
Darby Guardian as aforesaid to pay over to the said John M. Collins
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**Page 2** (5272_002.jpg)
the balance remaining in his hands on the settlement of his account
as guardian as aforesaid, with this court on the seventh day of this
present month of May to wit; four hundred and fourteen dollars, ninety
four and a half cents; and that on the production of the receipt of the
said John M. Collins said guardian shall be discharged. Whereupon
the said John F. Darby , guardian as aforesaid prays an appeal from
the decision and order of this court, to the Circuit Court of St Louis County;
and upon filing his affidavit, stating that he does not appeal for the
purpose of vexation and delay but verily and truly because he deems
himself aggrieved by the decision of this court, said appeal is granted.
Which affidavit is in the words and figures following, to wit;-
> *Legal Function: Appeal from an Order of Payment for Settlement of a Guardian Account Part 3*
John M. Collins
and Lavinia Collins
vs
John F. Darby Guardian
of Lavinia Darby now
Lavinia Collins
In the County Court of St Louis May Term 1829.
On motion against Jno. F. Darby,
Guardian of Lavinia Darby now Lavinia Collins
of pay over monies of said ward to Jno. M. Collins , &
Lavinia Collins.
John F. Darby , the above named Guardian and defendent
appears here in open court and prays an appeal from the order of
payment made on him by this court of this day, to the next circuit
court of St Louis County, and the said John F. Darby being duly sworn,
deposes and states that he does not appeal for the purposes of vexation
and delay, but verily and truly because he deems himself aggrieved
by the decision of this court.
*John F. Darby [illegible] and subscribed in open court before me this 15th May 1829. Henry Chouteau clerk*
> *Legal Function: Appeal from an Order of Payment for Settlement of a Guardian Account Part 4*
Whereupon the records and proceedings in the case aforesaid are here
by sent to the Circuit Court of the County of St Louis aforesaid.
State of Missouri
County of St Louis
[illegible] Henry Chouteau , clerk of the County Court
for the County of St Louis , do hereby certify that the foregoing is a conect[?]
transcript of the record and proceedings in the case of John M. Collins
and Lavinia Collins late Lavinia Darby vs John F. Darby Guardian of
the said Lavinia as the same remains in my office.
*In the testimony whereof I have hereunto set my hand and
officed the seal of the said County Court at office this eight-
teenth day of June, eighteen hundred and twenty nine. Henry Chouteau Clerk Non Suit Book 5 page 367
Arch Gamble Clerk*
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**Page 3** (5272_003.jpg)
> *Legal Function: Caption*
No 79 St St. Louis Circuit Court July Term 1829
John M Collins
Lavinia Collins
vs John F Darby
appeal
*Filed 23rd July 1829 Archd Gamble Clerk*
John M. Collins, Lavinia Collins V. John F. Darby. 1829, St. Louis Circuit Court Historical Records Project, accessed October 7, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60716