which file has been returned to office with the following endorsement therein Viz
"Recd of Joseph Swann admt of John Oliver, decd the sum of $185.75 in full for Principal int costs and [?] on this [?] Mch 19 1840
(signed) R. K. Shaw Shff.
Received Quincy March 24, 1840 of R. K. Shaw, Sheriff the sum of one hundred and fifty four dollars in full of the within execution
Signed. R. Hill Davidson
Atty of Plff
Territory of Florida, Gadsden County
I R.C. Lester, Clerk of the County Court of the County Aforesaid do hereby certify that the foregoing is a true transcript of the record and proceedings in a certain action lately depending in the said county court between John Shaw Plaintiff and Joseph Swann admt of Jn Oliver, decd, Deft with all things [?] the same as fully and wholly as they now exist among the records of my office. In Testimony whereof I have hereunto set my hand and arms the seal of said court this 23[rd] day of Apl 1842.
R.C. Lester, Clk
and thereupon rested his cause,
defendant moved the court to overrule said record as being incompetent and inadmissible evidence in this case and as being inter alios which motion that court overruled.
The defendant offered no evidence but his counsel moved the court to instruct the jury that said