Springfield-Greene
County LibraryAugust 1854 Adjourned July Term
Monday morning August 21, 1854 - ADJOURNED JULY TERM.
Court met pursuant to adjournment. Present Hon. C.S. Yancey Circuit Judge, A.G. McCracken Clerk and Samuel Fulbright Sheriff.
p 166/167.
Henry F. Harral et al Plaintiffs
vs Attachment - Civil Action
David Johnson and Co Defendant
This day comes the Plaintiffs by attorney, and on his motion it is ordered by the Court that an alias writ of attachment issue in this cause returnable to the first day of the next term of this Court and it appearing to the satisatisfaction of the Court
(continued)
54
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
ADJOURNED JULY TERM - August 21, 1854.
p 166/167 (continued)
that the Defendants are non-residents of the State of Missouri and it further appearing that an order of publication was ordered at the last term of this Court held on the second Monday of January A.D. 1854 and which said order has not been published as the Law directs. It is therefore ordered by the Court that the Defendants be notified by publication published in the SPRINGFIELD ADVERTISER, a newspaper printed in this State for eight weeks successively the last insertion to be at least four weeks before the next term of this Court, notifying the Defendants that the Plaintiffs have filed in this Court against them their petition and have sued out a Writ of attachment that said attachment has been returned that said Defendants were not found stating in said petition that Defendants on the 7th of December 1848 executed their notes to Plaintiff payable four months after date for the sum of three hundred and seven dollars and thirty five cents that Defendants on the fourteenth day of January 1850 paid thereon the sum of twenty six dollars and praying Judgment for the balance due thereon. And unless they be and appear before the Judge of the Greene Circuit Court on or before the 3rd day of the next term thereof, which said term commences on the 2nd Monday in January A.D. 1855 if the term so long continues and if not before the end of such term, Judgment will be rendered against them according to the prayer of the petition.
p 167.
John Weaver Plaintiff
vs Civil Action
Caleb Horn Defendant
This day comes the attorneys for the parties in the above cause and suggest that since the last term of this Court both the parties in this cause have died.
Caleb Horn Plaintiff
vs Civil Action
John Weaver Defendant
This day comes the attorneys for the parties in the above cause and suggest that since the last term of this Court both the parties in this cause have died.
p 167/168.
Oscar J. Robards et al
vs Petition for Partition
John R. Robards et al
Now at this day was produced in Open Court here the report of the Commissioners appointed at the last term of this Court to make partition of the land belonging to the estate of Edward F. Robards, deceased, which said report is by the Court approved. And it appearing to the Court from said report that said commissioners have set off to Susan Jane Robards, widow of said Edward F. Robards, deceased, the SW 1/4 of Sect. 3 & the NW 1/4 of the NW 1/4 of Sect. 10 and ten acres off of the NE 1/4 of NE 1/4 of Sect 9 all of TWP 30 Range 22 containing ninety acres, and that the remainder of said lands, to wit: E 1/2 of SW 1/4 Sect 3 NE 1/4 of NW 1/4 of Sect 10 and 30 acres off the West side of NE 1/4 of NE 1/4 of Sect 9 same TWP and Range cannot be divided without great prejudice to the parties interested. It is therefore ordered, adjudged and decreed by the Court that said Susan Jane Robards be invested and stand seized of the above described SW 1/4 of SW 1/4 of Sect 3 and NW 1/4 of NW 1/4 of Sect 10 and 10 acres off of the NE 1/4 of NE 1/4 of Sect 9 TWP 30 Range 22 containing 90 acres and that the E 1/2 of SW 1/4 of Sect 3 and NE 1/4 of NW 1/4 of Sect 10 and 30 acres off of West side of NE 1/4 of NE 1/4 of Sect 9 in TWP 30 of Range 22, be sold and partition of the proceeds thereof be made according to the respective rights of the parties interested.
55
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
ADJOURNED JULY TERM 1854
p 168/169
Mary Headlee, Robert A. Foster and Jane L. Foster
his wife, Caleb N. Headlee, C.A. Dysart and Margaret S.
Dysart his wife, Ephraim Clark and Martha L.
Clark his wife, Mary A. Headlee guardian cf
minor heirs of James J.Headlee, deceased Plaintiffs
against Petition for Partition
Samuel W. Headlee and Elisha B. Headlee Defendants
This day comes the Plaintiffs bv attorney and it appearing that Defendants have been duly notified according to Law by a publication in the DEMOCRATIC LE________,a weekly newspaper published in the State of Missouri and the premises being seen and fully understood the Court gave Judgment of partition according to e prayer of the petitioners of the following described land being the real estate belonging to the estate of Caleb Headlee, deceased, to wit: the NE 1/4 of the NE 1/4 and the SE 1/4 of the SE 1/4 and the W 1/2 of the SE 1/4 and the E 1/2 of the SW 1/4 of Sect 3 TWP 30 Range 21 containing 240 acres. The Court finds that each of the Plaintiffs and Defendants are entitled to distributive shares in the above described land in the proportion as follows, to wit: said Mary Headlee, widow of said deceased, Caleb Headlee to her dower interest. Said Robert A. Foster and Jane L. Foster his wife, formerly Jane Headlee, Carey A.Dysart and Margaret L. his wife formerly Margaret L. Headlee, Ephraim Clark and Martha L. his wife formerly Martha L. Headlee, Elisha B.Headlee, Samuel W. Headlee and Caleb N. Headlee heirs of deceased are entitled to shares per capita and that Mary Ann E. Headlee, Margaret C. Headlee, Emily W. Headlee, Robert W. Headlee and Letitia J. Headlee, minor heirs of James S, Headlee, deceased, are heir per stirpes, said James S. Headlee being a descendant and heir of said Caleb Headlee, deceased. And it appearing to the Court that partition of said land cannot be made in kind nor can the dower of said widow, Mary Headlee, be set off without great injury to the parties concerned as well as encumbering and injuring the sale of said land. And it further appearing to the satisfaction of the Court that it is the wish of the said Mary Headlee, widow as aforesaid, that said land be sold for partition without the assignment of dower, provided a portion of the proceeds be paid her in lieu thereof, say a child's part. It is therefore ordered, adjudged and decreed by the Court that said land above described as belonging to the estate of Caleb Headlee, deceased, be sold to the highest bidder at the Court House door in the city of Springfield during the sitting of the Court, which commences on the second Monday in January 1855, as the Law directs and the proceeds be divided after deducting said Mary J. Headlee's interest therefrom giving to the said Robert A. Foster and Jane L. his wife, Carey A. Dysart and Margaret L. his wife, Ephraim Clark and Martha L. his wife, Elisha B. Headlee, Samuel W. Headlee and Caleb N. Headlee each one-seventh part of said proceeds and to the said Mary Ann E., Margaret C., Emily W., Robert W. and Talitha Jane Headlee one-seventh part per stirpes as minor heirs of James S. Headlee, deceased.
p 170.
William H. Blakey et al
Petition for Partition Exparte
Now at this day comes William H. Blakey, Reubin E. Blakey, John H. Miller and Permelia M. Miller, his wife, George D. Blakey, Thomas C. Blakey in their own proper persons and Mary E. Blakey by her guardian, John H. Miller, James W. Blakey by his guardian Elizabeth Blakey, heirs of James W. Blakey, deceased, and presents their petition for partition of the following described real eState situate and being in in Greene County, State of Missouri, viz: the W1/2 of the NW 1/4 of Sect 12 and the E 1/2 of the NE 1/4 of Sect 23 and the W 1/2 of the NE 1/4 of Sect 24 and the E 1/2 of the NE 1/4 of Sect 11 and
(continued)
56
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
ADJOURNED JULY TERM 1854
p 170(cont)
the W 1/2 of the SW 1/4 of Sect. 12 and the SE 1/4 of the SE 1/4 of Sect 2 and the SE 1/4 of Sect. 11 also the SE 1/4 of SE 1/4 of Sect 22 all in TWP 28 Range 22 and all and singular the premises being seen and by the Court fully understood. It is ordered, adjudged and decreed by the Court that partition and division be made according to the prayer of the said petition. And it appearing that certain portions of the above described lands have been decreed to William H. Blakey, Reubin F. Blakey and John H. Miller and Permelia M. Miller his wife by way of advancement. It is ordered and adjudged by the Court that William H. Blakey take the E 1/2 of NE 1/4 of Sect 11 TWP 28 Range 22 W and that John H. Miller and Permelia M. his wife take the SE 1/4 of SE 1/4 of Sect. 2 of TWP 28 of Range 22 and that Reubin F. Blakey take the W 1/2 of NW 1/4 of Sect 12 TWP 28 Range 22, at its appraisal value at the time the same was given to them, and that the remainder of the above described lands be divided so that by setting off to the said W.H. Blakey, Reubin E. Blakey and John H. Miller and Permelia M. his wife their respective parcels of land at their appraised value at the time of the gift aforesaid that they may all share and share alike per capita. And it is further ordered by the Court that Elijah Gray, Joshua M. Bailey and Alsy 0'Neal be and they are hereby appointed Commissioners, to make partition according to the prayer of petitioner of the above described land if partition can be made without prejudices to the heirs and that they make report thereof at this term of this Court.
p 171. Nil
p 172.
Daniel Chandler - Petition for Writ of adquod dainnum.
This day comes the Plaintiff and asks leave to amend his petition heretofore filed by inserting six feet for the heighth of his dam in place of eight feet, which leave was granted.
Thomas C. Robinson and brother
vs
John DeBruin
Now at this day was exhibited in Open Court by Wm. C. Price, attorney for John DeBruin, Defendant in the above cause, a Statement in writing authorizing a Judgment to be rendered against him in vacation in favor of said Thomas C. Robinson and brother for the sum of fifty two dollars and fifty cents and the Clerk of said Court in Vacation having seen and fully understood the premises and said statement having been verified by the affidavit of said Defendant and the said Clerk being satisfied that the said Defendant executed and signed said statement in writing and made the affidavit thereto. It is ordered and adjudged by said Clerk here in Vacation that said Plaintiffs have and recover of and from the said Defendant the aforesaid sum of fifty two dollars and fifty cents as well as their costs herein expended for all of which execution may issue. It is therefore considered by the Court that the said judgment in all things be affirmed and made final and that such execution issue as aforesaid.
p 172,173.
M.L. Britton and M. Garroutte Plaintiffs
vs Civil Action by Attachment
James S. Garroutte Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisatisfaction of the Court from the returns made by the Sheriff that the said Defendant cannot be found in Greene County, so that the ordinary process of Law cannot be served on him and said Defendant also failing to appear and answer said petition. It is therefore
(continued)
57
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
ADJOURNED JULY TERM 1854
p 172, 173.(Cont)
ordered that said Defendant be notified that said Plaintiffs have commenced a suit against him by petition and attachment in said Greene Circuit Court, that said suit is founded on a note executed by said Defendant in favor of said Plaintiffs for four hundred and twenty five dollars dated on the fifteenth day of December 1851 and one day after date that said Defendants property, viz: the SW 1/4 of the NE 1/4 of Sect. 8 TWP 28 Range 24 has been attached to satisatisfy the same, and unless said Defendant be and appear at the next term of this Court to be holden for said County, commencing on the second Monday in January 1855 and on or before the third day of said term and answer said petition, Judgment will be rendered against him and his property, now attached, sold to satisatisfy the same. And it is further ordered that a copy of this order be published in some newspaper printed in this State for four weeks successively the last insertion thereof to be not less than four weeks before the next term of this Court to which time this cause is continued.
p 173.
George W. Watson Plaintiff
vs Civil Action
Joseph Lee Defendant
Now at this day comes the parties by their attorneys, and having announced themselves ready for trial, thereupon comes a Jury, to wit: Abraham Woody, W.L. Cox, Anderson Latimer, Joseph Farrier, George Mullins, Wm. F. Haden, John Freeman, Wm. Townsend Sr., John Wallis, William Gray, Edward Moore, John H. Miller, twelve good and lawful men, duly elected, tried and sworn to well and truly try the issue joined in this cause; after hearing the evidence and arguments of Counsel, returned into Court the following verdict: "We the Jury find the issues for the Defendant, John H. Miller, foreman." It is therefore considered by the Court that the Plaintiff take nothing by his said Writ, and that the Defendant have and recover of and from the said Plaintiff his costs and charges expended for all of which execution may issue.
p 174.
Thaddius Sharpenstein et al Plaintiff
vs Civil Action
Sowell Adams Defendant
This day comes the parties by their attorneys and by leave of the Court and agreement of parties leave was given to substitute Thomas Tiller, Administrator of the estate of John Adams, Deceased, as Plaintiff in this cause in place of Thaddius Sharpenstein, et al, executors of said estate.
R.E. & W.H. Blakey Plaintiffs
vs Appeal
L.A.D. Crenshaw Defendant
Now at this day comes the partieS by their attorneys and this cause being ready for hearing, and neither party requiring a Jury, the Cause was submitted to the Court, and the Court, sitting as a Jury, after hearing the evidence and arguments of Counsel, finds the issue for the Plaintiff. It is therefore ordered and decreed by the Court that Plaintiff recover of and from the said Defendant the sum of $32.10 for his debt and sum of _______ for interest up to the first day of August A.D. 1853 and that Plaintiff pay the costs of this suit for which execution may issue.
58
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
ADJOURNED JULY TERM
August 23rd 1854
p 175.
State of Missouri Plaintiff
vs Indictment For Murder
Willis Washam Defendant
This day comes the Defendant, by his attorney, L. Hendrick, and files herein by leave of the Court, a motion to vacate, set aside and annul the Judgment of the Court in this cause, as well as the verdict of the Jury.
G.W. Sims Plaintiff
vs Civil Action
Terry G. Price Defendant
This day comes the Plaintiff by his attorney and moves the Court for an attachment against Elizabeth Sims, and it appearing to the satisfaction of the Court that said witness has been duly subpoenaed, and has failed to obey said subpoena. It is therefore considered by the Court that said motion be sustained and that attachment issue.
p 176.
Hudson E. Bridge, surviving partner of Bridge and Bro. Plaintiff
vs Attachment
Hugh Stewart Defendant
This day comes the Plaintiff by his attorney, Wm. H. Otter and L. Hendrick attorney for the Defendant agrees that the Defendant will appear on the first day of the next term of this Court and on motion of said Hendrick attorney for the garnishees in this cause summoned on the Writ of attachment leave is given to file the answer of said garnishees on the first day of the next term of this Court, to the Plaintiffs allegations and interrogatories.
p 177.
William A. Bagby Plaintiff
vs Civil Action
John R. Earnest Defendant
Now at this day comes the parties by their respective attorneys, and having announced themselves ready for trial thereupon comes a Jury, to wit: Thomas Green, Joseph Carthel, R.E. Blakey, William L. Moore, L.A. Campbell, William Phillips, N.P. Murphy, W.H. Burden, F.M. Apperson, Sutton Howell, John R. Baker, Isaac R. Jones, twelve good and lawful men duly elected, tried and sworn to well and truly try the issue joined in this cause and there not being time to complete the evidence, the Jury were permitted to retire until tomorrow morning.
William H. Blakey et al Petition for Partition
This day comes into Court the Commissioners appointed on the 21st of August 1854 and make a report of their action and all and singular the premises being seen and by the Court fully understood, it is considered by the Court that said report be disapproved. And on the motion of the attorneys for the parties, Chesley Cannefax, Jonathan Carthel and William Townsend, Sr., be and they are hereby appointed Commissioners to make partition of the lands belonging to the estate of James W. Blakey, Deceased, as described in the foregoing order, if partition in kind can be made, and make report during the present term of this Court.
59
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
ADJOURNED JULY TERM
August 14, 1854.
p 177, 178. Thursday morning August 24th 1854.
G.W. Sims Plaintiff
vs Civil Action
Terry G. Price Defendant
This day comes again the parties in this cause by their attorneys and the motion made by Defendant's attorney on yesterday to rule Plaintiff to security for costs coming up for hearing, and all and singular the premises being seen and by the Court fully understood it is considered by the Court that said motion be sustained. It is herefore
ordered by the Court that said Plaintiff file a good and sufficient bond for security for costs on or before the next term of this Court, and in default thereof this suit to be dismissed and if said bond is filed the succeeding term, July term 1855 to be trial term.
p 179,180 - nil
p 181.
W.A. Bagby Plaintiff
vs Civil Action
John R. Earnest, William G. Roberts Defendants
This day comes again the Jury heretofore empannelled in this cause and after hearing the evidence and arguments of Counsel, returned into Court the following verdict "We the Jury find the issues for the Plaintiff and assess the damages against William G. Roberts, one of the Defendants at $70, John R. Baker, foreman." It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant, William G. Roberts, the sum of $70 for his damages as well as ______
(nothing more on this case)
p 182.
State of Missouri Plaintiff
vs Indictment for Murder, Conviction and Sentence
Willis Washam Defendant
The said Defendant by his attorney having on yesterday filed his motion to vacate and annul the Judgment and verdict in this cause and the said Defendant having heretofore filed his motion to set aside the verdict and grant a new trial, and also his motion to arrest of Judgment, both of which motions were overruled, therefore the Court refused to take any action on said motion.
Charles T. Drumright Plaintiff
vs
Martha W. Reese, widow of James Reese,deceased, and Albert T. Reese et al
Now at this day comes the Plaintiff and files here in Court his petition for a Decree of Title to the following described land, situate in Greene County, Missouri, viz: the NW 1/4 of the SE 1/4 of Sect 27 and the NE 1/4 of the SW 1/4 of Sect 34, Township 29, Range 20 containing 80 acres. Martha W. Reese, widow of James Reese, deceased, one of the above named Defendants comes into Court, and it appearing to the Court that Albert T. Reese, Louisa C. Reese, Elizabeth Reese, William P. Reese, DeWitt C. Reese, Columbus L. Reese, Martha J. Reese, Charles T. Reese, Mary F. Reese and James C. Reese, minor heirs of James Reese, deceased, the other Defendants are minors, the said Martha W. Reese was appointed guardian ad litem for said minor heirs.
60
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Blook D.
ADJOURNED JULY TERM
August 26, 1854.
p 184.
Rives C. Cowden Plaintiff
vs Civil Action
Thomas W. Anderson & Benj Cannefax Defendants
This day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendants had been duly served with process and having failed to answer and being three times solemnly called comes not, and the demand being founded on an instrument of writing for the direct payment of money said cause was submitted to the Court, and the Court finds from the said instrument that the said Defendants owe and stand justly indebted to the said Plaintiff in the sum of $1000 as his debt and the sum of ninety two dollars and fifty cents as his damages by reason of the detention thereof. It is therefore considered and adjudged by the Court that said Plaintiff Rives C. Cowden have and recover of said Defendants Thomas W. Anderson and Benjamin W. Cannefax the said sum of $1000 as his debt and for the sum of $92.50 as his damages by reason of detention thereof as well as the costs of this suit herein expended for all of which execution may issue.
The Bank of The State Of Missouri Plaintiff
vs Civil Action
Benjamin W. Cannefax, Thomas W. Anderson,
William R. Wilson & Joseph M. Carthel Defendants
This day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly served with process and having failed to answer and being three times solemnly called, come not, and the demand being founded on an instrument of writing for the direct payment of money, said cause was submitted to the Court and the Court finds from said instrument that the said Defendants owe and stand justly indebted to the said Plaintiff in the sum of $2000 for his debt and also for the sum of $106.35 for his damages by reason of the detention thereof. It is therefore ordered and adjudged by the Court that said Plaintiff, the flank of The State of Missouri, have and recover of and from the said Defendants Benjamin W. Cannefax, Thomas W. Anderson, William R. Wilson and Joseph M. Carthel the said sum of $2000 as his debt and for the sum of $l06.35 as his damages by reason of the detention thereof, as well as the costs of this suit herein expended for all of which execution may issue.
p 185.
Charles T. Drumright
vs
Martha W. Reese, widow of James Reese deceased
and Albert T. Reese, Louise C. Reese, Elizabeth Reese,
William P Reese, Dewitt C. Reese, Columbus L. Reese,
Martha J. Reese, Charles L. Reese, Mary F. Reese &
James C. Reese, minor heirs of James Reese, deceased.
And now at this day comes again the said Plaintiff by his attorney and the said Martha W. Reese, in her own proper person as well as the said Albert T. Reese, Louisa C. Reese, Elizabeth Reese, William P. Reese, Dewitt C. Reese, Columbus L. Reese, Martha J. Reese, Charles T. Reese, Mary F. Reese & James C. Reese by Martha W. Reese,their guardian ad litem and this cause coming on to be tried, and neither party requiring a Jury, but the same is expressly waived and this cause is submitted to the Court and the matters and things in said petition being admitted by the answer of said Defendant and not appearing to the Court by said petition and answer and the Court doth find that said Charles T. Drumright on or about the _____ day of _____ 18- purchased of James Reese the NW 1/4 of the SE 1/4 of Sect 27 and the NE 1/4 of the SW 1/4 of
(continued)
61
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
ADJOURNED JULY TERM
August 26, 1854.
p 185 (cont.)
Sect 34 TWP 28 Range 30, containing 80 acres situated in the County of Greene and immediately took possession thereof for the sum of about two hundred and fifty cents while consideration has been fully paid and sfied that said James Reese neglected to make said Deed for said land pursuant to said purchase and on or about the ninth day of November 1850 said James Reese died intestate, without having made said Deed and that pursuant to Law the said Charles T. Drumright is entitled to said lands by virtue of said purchase. It is therefore ordered and adjudged and decreed that all the right title and interest which the said James Reese, deceased, had in to said lands at the time of said sale and at the time of his death, be fully and completely vested in said Charles F. Drumright together with the rights, privileges and appurtenances thereto belonging, free from all rights and claims of said Defendants.
(Few suspicious errors in above. Copied as written)
p 186. Monday Morning August 28, 1854.
It is ordered by the Court that a Rule Issue against Joshua W. Bailey and Thomas Edmonson, requiring them to appear and show cause, if any they have, why they failed to appear when summoned to serve on a petit Jury.
James Basket Plaintiff
vs Appeal From J.P.
H.J. Cain Defendant
Now at this day comes the parties in this cause by their respective attorneys, and having announced themselves ready for trial, thereupon comes a Jury, to wit: Isham W. Faught, James K. Alsup, John A. Stephens, A. Woody, James Dyer, L.B. Hall, six good and lawful men duly elected tried and sworn to well and truly try the issue joined in this cause both parties consenting thereto who after hearing the evidence and arguments of Counsel returned into Court the following verdict, viz. "We the Jury find the issues for the Plaintiff and assess his damages at $42, John A. Stephens, foreman." It is therefore ordered and adjudged by the Court that the Plaintiff have and recover of and from the said Defendant, as well as Robert J. McElhaney, his security, the sum of $42 for his debt and damages as well as the costs of this Suit herein expended for all of which execution may issue.
p 187-nil.
p 188. August 28, 1854.
George B. McElhannon, James McElhannon,
Elizabeth Denny, John McElhannon,
William H. Sanford and Nancy D., his wife,
Samuel R. Waddill and Eleanor, his wife,
Barnett Lemmons and Sarah, his wife,
heirs of Christopher McElhannon, deceased.
This day comes the attorney for the parties and files his petition, by leave of the Court, showing to the satisfaction of the Court that the above named parties are each entitled to the undivided one-half part of the following described tract of land, situated in the County of Greene, viz: the W 1/2 of the NE 1/4 and the E 1/2 of the NW 1/4 of Sect 4 Township 30 Range 24 W, containing 160 acres, more or less and that Joshua M. Baily, as guardian of Samuel R. Truesdale, minor, is entitled to the undivided half of the above described 160 acres, and judgment of partition was given by the Greene Circuit Court at its November Term 1892, and Commissioners appointed to make partition of said land who reported that the same was not susceptible of division, whereupon
(continued)
62
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
ADJOURNED JULY TERM
August 28, 1854.
p 188 (cont)
the Court approved the report and ordered the same to be sold by the Sheriff, while sale was duly made at the July Term of the Greene Circuit Court A.D. 1853 by Thomas Potter, the then Sheriff of County, who has since died, and all and singular the premises being seen and fully understood, it is considered and adjudged by the Court that the unfinished part of the business pertaining to this cause be transferred to the present Sheriff of this County.
p 188 August 29, 1854.
State of Missouri Plaintiff
vs Indictment For Disturbing The Peace of a Family in the Night.
Edward Murphy Defendant
This day comes William H. Otter attorney for the said Edward Murphy and says that he cannot deny but that said Edward Murphy is guilty as he stands charged in said Indictment, and pleads guilty thereto. And the Court thereupon assessed a fine against said Edward Murphy to ten dollars. It is therefore considered and adjudged by the Court that the State of Missouri recover of said Defendant Edward Murphy the sum of ten dollars and also her costs herein expended for which execution may issue.
p 189.
Allen Mitchell Plaintiff
vs
Heirs of John P. Campbell deceased.
This day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that Leonidas Campbell, Sarah Rush Campbell, James L. Campbell, Thomas P. Campbell, Samuel L. Campbell, William H. Campbell and Louisiana McKinney are minor heirs of John P. Campbell, deceased. It is therefore ordered by the Court that Junius T. Campbell be and he is hereby appointed guardian ad litem for said above named minor heirs.
p 190.
John Dixon Plaintiff
vs
Margaret Crocket, wife of said John M. Crockett Defendant
This day comes the Plaintiff by attorney and this cause being submitted to the Court and it appearing to the satisfaction of the Court from the answer of the said Defendants and from the evidence in the cause, that the Plaintiff, John Dixon had became the purchaser of the E 1/2 of the SW 1/4 of Sect 1 in TWP 21 of Range 23 being West of Wilson's Creek and north of James Fork of White River, and all of that portion of the SE 1/4 of the NW 1/4 of Sect 1 in TWP 27 Range 23 that lies West of Wilson's Creek containing 60 acres more or less, as the property of John M. Crocket and it further appearing to the satisfaction of the Court that the tracts of land had been bought and paid for by the said John M. Crocket of one George Howard, but that the Deed of Conveyance had been made by said George Howard at the instant of said John M. Crocket to one Thomas Daniels to prevent the same from being sold by the creditors of said John M. Crocket and that the said Thomas Daniels afterwards conveyed said lands to Margaret Crocket, wife of John M. Crocket and since that time judgment has been obtained against said John M. Crocket before a Justice of the Peace and a portion of the debt that existed at the time of said conveyance were made by said George Howard to said Thomas Daniel and transcripts have been filed in the Clerks office of Greene
(cont)
63
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
ADJOURNED JULY TERM
August 29, 1854.
p 190 (cont)
Circuit Court and execution issued on said transcript and said land sold to satisatisfy the same by the Sheriff of Greene County, Missouri, and that the said Plaintiff became the purchaser of the said land at said Sheriff's sale and procured a Deed for the same. It is therefore considered by the Court that said title to said land be can_____ and that the same be vested in the said John Dixon who is the purchaser under the sale made by the Sheriff of said County of Greene and that the said Plaintiff pay the costs of this suit.
p 191, 192. August 30, 1854
Allen Mitchell Plaintiff
vs
Louisa T. Campbell, widow of John P. Campbell, deceased
John N. Campbell, Leonidas A. Campbell, Samuel N. Sproul
and Mary, his wife, formerly Mary Campbell, James Campbell,
Sarah R. Campbell, Samuel Campbell, Thomas P. Campbell,
and Louisiana McKinney, heirs and representatives of
Jno. P. Campbell, deceased.
This day comes on to be heard the petition of Plaintiff and the said Campbells submitted to the Court and from the answer of the Defendants and the evidence in the case the Court do find that the said Allen Mitchell, the Plaintiff, purchased of John P.Campbell in his lifetime, to wit: On the 5th day of April 1830 the following described tract of land situate in the County of Greene described as follows, to wit: Beginning 30 poles South of Joseph Gotts and Littleberry Hendricks corner in the Boonville Road, which is the NW corner of the SW 1/4 of Sect 13 TWP 29 Range 22 W running South 37 poles more or less to a point due West of the SW corner of a ten acre tract of land sold by Charles Vertres to John S. Waddill, thence East 26 poles more or less to the Boonville Road, thence North 37 poles more or less to Joseph Gotts line thence West 26 poles more or less to the beginning, containing 6 1/2 acres be the same more or less and is therefore considered adjudged and decreed by the Court, that all the right title and interest and claim the said John P. Campbell had to said tract of land at the time the same was sold to the Plaintiff and all the right, title and interest and claim the heirs of said John P. Campbell acquired as such since his death be and the-same is vested in the said Allen Mitchell his heirs and assigns. The Court also finds from the evidence in said cause and the answer of said Defendants that the Plaintiff purchased 2.57 acres more or less of Henry J. Martin on the 28th day of September 1848 and the said Martin purchased said tract of land of the said Jno. P. Campbell, in his lifetime, to wit On the 4th day of February 1848 which said land is described as follows, to wit: Commencing 67 rods and 15 links North of the SW corner of Sect 13 on the line dividing Sects 13 and 14 and described as follows: to wit: running East 26 poles and 17 links to the Boonville Road, thence North 14 poles and 27 links to an alley, thence with said alley West 26 poles and 17 links to the Section line thence South with said Section line to the beginning containing two acres and 67 hundredths of an acre (2.67 acres) more or less and is a part of the W 1/2 of the SW 1/4 of Sect 13 TWP 29 Range 22 W. The Court therefore adjudge and decree all the right, title, interest and claim that the said John P. Campbell, in his lifetime, to wit: On the 4th day of February 1848, it being the date to said Deed made by said John P. Campbell in his lifetime to said Henry J. Martin and also adjudge and decree all the right title interest and claim that the heirs of said John P. Campbell acquired as such to said lands since the death of said John P. Campbell and that said Louisa T. Campbell acquired to such land by the last will and testament of the said John P. Campbell
(cont)
64
GREENE COUNTY, MISSOUR, ICIRCUIT COURT CASES
Book D.
ADJOURNED JULY TERM
August 30 1854
p 191, 192 (cont)
the Court do adjudge and decree to the said Allen Mitchell all the right title interest and claim that the said John P. Campbell had to said tracts of land at the time they were sold by said Campbell and all the right title and interest and claim that the said Defendants have at any time since acquired in and through the said John P. Campbell the same being now dead, to wit: In the said Plaintiff Allen Mitchell his heirs and assigns.
p 192/193.
George Clark Plaintiff
vs Civil Action
Lowery B. Hall Defendant
This day comes the Plaintiff by attorney and the Defendant being present but failing toanswer and the demand being founded on an instrument of writing for the direct payment of money, said cause was submitted to the Court and the Court finds from the said instrument, that the said Defendant owes and stands justly indebted to said Plaintiff in the sum of $200 for his debt and also for the sum of $8.16 for his damages by reason of the detention thereof. It is therefore considered and adjudged by the Court that the said Plaintiff, George Clark, have and recover of and from the said Defendant, Lowery B. HaIl, the said sum of $200 for his debt as well as the sum of $8.16 for his damages as well as the costs of this suit herein expended for all of which execution may issue.
p 193. Thursday Morning August 31, 1854.
L.B. Hall Plaintiff
vs Civil Action
George Clark Defendant
This day comes the Plaintiff by his attorney and files herein his petition and prayer for an injunction to restrain the Defendant and all others from the collection of a Judgment rendered in favor of Defendant Clark, at this term of the Court. And Plain tiff files herein his bond with William Hendricks as security, while bond is by the Court approved and an injunction awarded to Plaintiff.
p 194.
Louisiana Haden et al
Petition for Partition.
Now at this day comes the parties by attorney, and on his motion it is ordered by the Court that the Clerk of this Court make out a copy of the order for the sale of the real estate of Joseph Weaver, deceased, and direct the same to the Sheriff of Taney County, commanding him to sell all the undivided interest of the said Joseph Weaver, deceased, had in and to the real estate mentioned in said petition which lies in said County.
p 194/195.
William H. Blakey, Reubin E. Blakey, John H. Miller
& Permelia M. Miller, his wife, George D. Blakey,
Thomas C. Blakey in their own proper persons &
Mary E. Blakey by her guardian, John H. Miller,
James W. Blakey by his guardian, M.H. Blakey, &
Sarah Blakey by her guardian, Elizabeth Blakey Petitioners
Petition for Partition.
Now at this day comes into Court here, the parties by their attorneys, and Chesley
(continued)
65
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
ADJOURNED JULY TERM
August 30, 1854.
p 194, 195 continued.
Cannefax, Jonathan Carthel and William Townsend, Sr., Commissioners appointed by the Greene Circuit Court at the present term thereof to make partition of the real estate of James W. Blakey, deceased, present their report and the Court having seen and fully understood the premises gives Judgment of partition according to said report. The Court finds that said James W. Blakey, now deceased, in his lifetime gave by way of advancement to William H. Blakey the E 1/2 of the NE 1/4 of Sect 11 TWP 28 Range 22 W, of the value at the time of said gift of $840 (with) is to be deducted from the portion of said William Blakey and that the said James W. Blakey gave to Reubin E. Blakey by way of advancement the W 1/2 of the NW 1/4 of Sect 12 TwP 28 Range 22 W valued at the time of said gift, with improvements thereon, to the sum of $665 and that the said James W. Blakey gave to John H. Miller and Permelia M., his wife, by way of advancement the SE 1/4 of the SE 1/4 Sect 2 ThP 28 Range 33 valued at the time of said gift at $320 and that there still remains the following undivided tracts of land belonging to the estate of said James W. Blakey, deceased, to wit: E 1/2 of NE 1/4 Sect 33, W 1/2 of NE 1/4 Sect 4 also W 1/2 of SW 1/4 Sect 12 and SE 1/4 of Sect 11 and SE 1/4 of SE 1/4 Sect 22 TWP 28 Range 22 which said lands belongs to the heirs of said James W. Blakey, deceased, in equal distributive shares which said heirs are as follows: William H. Blakey, Reubin E. Blakey, John H. Miller and Permelia M. Miller his wife, George D. Blakey, Thomas C.Blakey, Mary E. Blakey, James W. Blakey and Sally Blakey. And the Court also finds that said lands, other than those granted to the said William H. Blakey, Reuben E. Blakey and John H. Miller and Permelia M. Miller his wife, cannot be divided among the heirs of said deceased, without great prejudice to the parties interested. It is therefore ordered, adjudged and decreed that said land be sold by the Sheriff of the County of Greene at the Court House door in the city of Springfield during the sitting of the Circuit Court which cormences on the 2nd Monday of January 1855, on the following terms viz: one-third cash in hand, one-third on credit of 12 months, one-third on a credit of 24 months, and that the proceeds be divided equally between the above named heirs of the said James W. blakey, deceased, giving to each one-eighth part thereof after charging the said William H. Blakey the sum of $845 the value of the land and improvements heretofore given to him by the said James W. blakey, in his lifetime, and also charging the sum of $665 to the said Reuben E. Blakey, be the value of the land and improvement heretofore advanced to him by the said James W. blakey, deceased, and also charging to the said John H. Miller and Permelia N. Miller his wife, the sum of $320 being the value of the land heretofore given to him by said James W. Blakey, deceased, during his lifetime which said several amounts are to be deducted from their respective shares in said estate.
p 195/196.
Lucy Aldridge, Buford R. Aldridge et al
Petition for Partition -
Now at this day was presented in Open Court here the report of the Commissioners appointed at the present time of this Court to lay off the Widow's dower and make partition of the land belonging to the estate of Richard Aldridge, deceased, which said report is by the Court approved. And it appearing to the Court from said Commissioners Report, that said Commissioners have set off to Lucy Aldridge, widow of said Richard Aldridge, deceased, the N 1/2 of Lot No. 2 of SW fractional 1/4 of Sect. 19 TWP 30 Range 19 and S 1/2 of Lot No. 2 of SW fractional 1/4 of Sect 19 TWP 30 Range 19, and that the remainder of said lands, to wit: W 1/2 of SE 1/4 of Sect. 19 TWP 30 Range 19, cannot be divided without great prejudice to the parties interested. It is therefore ordered and decreed by the Court that said Lucy Aldridge be invested and stand seized of the above
(continued)
66
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
Adjourned July Term.
August 30, 1854.
p 195/196 (cont)
described N 1/2 of Lot No. 2 of SW fractional 1/4 of Sect 19 TWP 30 Range 19 and S 1/2 of Lot No. 2 of SW fractional 1/4 of Sect 19 TWP 30 Range 19, and that the remainder, viz: W 1/2 of SE 1/4 of Sect 19 TWP 30 Range 19 be sold to the highest bidder at the Court House door in the town of Springfield during the sitting of the Circuit Court in and for said County at the January Term A.D. 1855, which commences on the second Monday in said Month on a credit of 12 months, the purchaser giving bond with approved security. And that the proceeds thereof be equally divided between the heirs of said Richard Aidridge, deceased, which said heirs are as follows: Buford R. Aldridge, William 0. Henslee and Melinda Henslee his wife, Micajah Aidridge, Lucy Frances Aldridge, Martha Catharine Aldridge, Elizabeth Jane Ann Aldridge, Rufus T. Aidridge and Nathaniel T. Aldridge, giving to each one-eighth part thereof.
p 196/197/198.
Charles W. Huff, et al
vs Petition for Partition
Susan J. Holmes, et al
Now at this day comes into Court the Plaintiffs by their attorney and it appearing to the satisfaction of the Court that said Defendants had been duly notified according to Law, by a publication in the SPRINGFIELD ADVERTISER, a weekly newspaper published in the State of Missouri, and the premises being seen and by the Court fully understood the Court gave judgment of partition according to the prayer of the partitioners and the report of Commissioners heretofore appointed to lay off the Dower interest of the widow of Alpheus Huff, deceased, and make partition of the remaining lands among said heirs being by the Court approved. The Court finds that the said Sally Huff, widow of said Alpheus Huff, deceased, is entitled to one-third of the real estate of said deceased during her natural life and hereby sets aside a part for her use and benefit during her natural life, the following described lands, viz - beginning at the SW corner of the NW 1/4 of Sect 4 TWP 30 Range 20 thence East 400 poles to a stake the SE corner of SW 1/4 of NW 1/4 of Sect 3 TWP 30 Range 20, thence North 80 poles to a stake, thence West 80 poles to a stake on the Section line, thence North 80 poles to a Stone, the NE corner of Sect 4 thence west 78 poles to a stake on the TWP line, thence South 10 poles to a stake, thence South 87 d West 192 poles, with the center of the lane, to a stake, thence 76 d West 40 poles to a stake on the dividing line between Sections 4 and 5, thence South 50 poles to a stake on said line, thence West 72 poles to a stake, thence South 50 poles to a stake, thence East 72 poles to the place of fleginning, the same being a part of the NW 1/4 of Sect 4 and a part of NE 1/4 of Sect 4 and 36 acres off of the East end of Lot No. 1 NE fractional 1/4 of Sect 5, and the SW 1/4 of NW 1/4 of Sect 3 TWP 30 Range 20, all said land being in said last mentioned TWP and Range. The Court also finds that said Alpheus Huff, deceased, in his lifetime gave by way of advancement to John Holmes and Susan J. Holmes his wife 40 acres of land of the value of $50 and to John G. Huff by way of advancement 120 acres of land of the value of $480, and William A. Huff E 1/2 of the SE 1/4 of Sect 6 TWP 30 Range 20 at the value of $320, and the Court also finds that there still remains undisposed of after setting apart the Widow's Dower the following described lands to wit S 1/2 of SW 1/4 of Sect 5 and E 1/2 of SE 1/4 of Sect 33, SE 1/4 of NW 1/4 of Sect 8, a part of NE 1/4 of Sect 4, NW 1/4 of SE 1/4 and E 1/2 of SE 1/4 of Sect 5, and a part of NW 1/4 of Sect 4 TWP 30 Range 20, and SW 1/4 of Sect 33, E 1/2 of NE 1/4 and SW 1/4 of SE 1/4 of Sect 33 TWP 31 Range 20 and NE 1/4 of SW 1/4 of Sect 8 TWP 30 Range 20, and SW 1/4 of SE 1/4 Sect 32 TwP 31 Range 20. Also part of Lot No. 1 of SE fractional 1/4 of Sect 5 TWP 30 Range 20 and NE 1/4 of NW 1/4 of Sect 36 and SE 1/4 of SW 1/4 of NW 1/4 of Sect 25 TWP 32 Range 19 and E 1/2 of NW 1/4 of Sect 13 TWP 32 Range 19. Also E 1/2 of NE 1/4 of Sect 21 TWP 31 Range 19 and SW 3/4 of NW 1/4 and E 1/2 of NW 1/4 of Sect 22 TWP 31
(continued)
67
GREENE COUNTY, MISS0URI, CIRCUIT COURT CASES
Book D.
Adjourned July Term
August 30, 1854.
p 196/197/198 (cont)
Range 19, also W 1/2 of NW 1/4 of Sect 1 TWP 30 Range 21, which said lands belong to the heirs of said Alpheus Huff in equal shares, which said heirs are as follows: John Holmes and Susan Holmes his wife, William A. Huff, John Huff, Charles W. Huff, Francis M. Huff, George W. Huff, Sally Huff, Benjamin F. Huff and Nancy Huff, each of whom are entitled to one-ninth part of said lands. And the Court finds that the said lands other than those granted and set apart to the widow as her Dower cannot be divided without great prejudice (to) and injury to the parties interested. It is therefore ordered, adjudged and decreed by the Court that said lands be sold by the Sheriff of the County of Greene at the Court House door in the city of Springfield, during the sitting of the Circuit Court for said County, which commences on the second Monday of January 1855 on a credit of 12 months, the purchaser giving bond with approved security, and that the proceeds be equally divided between said heirs of Alpheus Huff, deceased, after charging John Holmes and Susan Holmes his wife the sum of $50, the value of the land heretofore given by the said Alpheus Huff, deceased, and charging to John G. Huff the sum of $480, being the value of the land in like manner advanced to him, which said several amounts are to be deducted from their respective portions of the proceeds of said land.
p 199.
Louisiana Haden et al
Partition
This day comes Junius T. Campbell, former Sheriff of Greene County and made his report of the sale of the real estate for partition of Joseph Weaver, deceased, which report was by the Court approved. (And thereupon came John S. Waddill, a purchaser of part of said Real Estate and filed a motion to reject the report and set aside the sale.)
Junius T. Campbell
Sale of Estate of William Terrill
This day comes Junius T. Campbell, former Sheriff of Greene County and files herein his report of a sale of the real estate of William Terrill, deceased, which was by the Court approved.
END OF ADJOURNED JULY TERM AUGUST 31, 1854.
68
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