Springfield-Greene
County LibraryAugust Term 1859
BOOK D JR
(continued)
p 463.
M.K. Mackey
vs
R.H. Williams
Now at this day comes the Defendant by Attorney and leave is given Defendants to answer on or before the first day of November, next, and Plaintiff reply by first day next term without prejudice to trial and this cause is continued until the next term of this Court.
p 463/464.
A.G. McCracken and S.N. Ingram EXPARTEE
Now at this day comes the Sheriff and returns the Writ of ad quod damnum heretofore issued upon the filing of the petition of said A.G. McCracken and S.N. Ingram and it appearing from the return that the Sheriff in obedience to said Writ summoned twelve fit persons of the County to meet at the place mentioned in said petition to examine the premises. And it appearing that the Sheriff attended said persons at the place aforesaid and said Jury of twelve persons were well and truly sworn to make a full examination and that after full examination they find:
First - That there will be no damage sustained by any proprietor by reason of inundation in consequence of the erection of a dam as proposed in said petition nearly nine feet high.
Second That no mansion house of any proprietor of the outhouses appurtenances or gardens or orchards be overflowed thereby.
Third - And that there will be no obstruction of navigation nor will there be any obstruction of fish of passage by such erection.
Fourth That the health of the neighborhood will not be materially damaged thereby.
And it appearing from the petition that said A.G. McCracken and S.N. Ingram desires to erect a dam across a stream of water called James Fork of White River in the following land of which they are the owners on both sides of the said stream, viz: Lot #1 NE fcl 1/4 Section 2 Township 28 Range 21 near the NW corner of said Lot.
It is therefore ordered, adjudged and ordered by the Court that said A.G. McCracken and S.N. Ingram be permitted to erect a dam across said Stream at the place aforesaid for the purpose of connecting the said dam a saw and grist mill, said dam to be not more than 9 feet high provided that ordinary navigation and fish of passage shall not be obstructed by such erection.
p 465.
State of Missouri Plaintiff
vs Selling Liquor Without License #1
John Daniel Defendant
Now at this day comes the Circuit Attorney and Defendant and R.Q. Banfield who agrees on consideration that the Judgment in this case on Indictment #1 be stayed until the determination of a similar case is had in the Supreme Court in case an appeal should be taken by Defendant that execution may issue against the said Banfield jointly, with said Defendant in case said cause is finally determined in favor of the State and in case said cause is decided in favor of the said Defendant the Judgment on said Indictment is to be held for naught.
State of Missouri Plaintiff
vs Selling Liquor Without License #3
John Daniel Defendant
Now at this day comes the Circuit Attorney and Defendant and R.Q. Banfield who agrees on consideration that the Judgment in this case on Indictment #3 be stayed until the determination of a similar case is had in the Supreme Court in case an appeal should
(cont)
135
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
AUGUST TERM 1859
p 465 (cont)
be taken by Defendant that execution may Issue against the said Banfield jointly with said Defendant in case said cause is finally determined in favor of the State and in case said cause is decided in favor of the said Defendant the Judgment on said Indictment is to be held for naught.
p 465/466.
State of Missouri Plaintiff
vs Selling Liquor Without License $4
John Daniel Defendant
Now at this day comes the Circuit Attorney and Defendant and R.Q. Banfield who agrees on consideration that the Judgment in this case on Indictment #4 be stayed until the' determination of a similar case is had in the Supreme Court in case an appeal should be taken by Defendant that execution may issue against the said Banfield jointly with said Defendant in case said cause is finally determined in favor of the State and in case said cause is decided in favor of the said Defendant the Judgment on said Indictment is to be held for naught.
p 466.
Elijah Gray Plaintiff
vs Civil Action
Fendal C. Cason Defendant
Now at this day the motion to make James F. Hornbeak a party Defendant in this Cause coming on to be heard said motion is by the Court sustained and it is ordered in this cause and leave is given Defendants to file their answer in vacation and this cause is continued until next term of this Court.
p 467. Friday August 12th 1859
McCrary Essex, etc
vs Appeal from Probate Court
Thomas Tiller guardian
Now at this day the motion to dismiss this cause for want of prosecution and all and singular the premises being seen and by the Court understood said motion is by the Court sustained. It is therefore considered that the Plaintiff take nothing by his appeal and that he have execution therefor.
Joshua J. Lee Plaintiff
vs Civil Action
K.L. Burdill and S.S. Burdill Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had duly served with process and the Plaintiff's petition remaining wholly unanswered and the same being founded on an instrument of writing signed by Defendants and the amount ascertained thereby the Court doth find by an examination of the same that said Defendants are indebted to said Plaintiff in the sum of $212.48 for debt and damages. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant his said debt and damages and also costs of suit and that he have execution therefor with 10% interest.
John R. Hillhouse et al
vs Petition for Partition
W.G. Perkins et al
Now at this day comes the Sheriff and by leave files report of proceeding in this cause together with a bill of fees and costs viz - printers fee $2.50, Attorney Fee $111.30, Sheriff Fee $51.30, Clerk Fee $4.80, Commissioners Fee $6 which said bill of fees is allowed and said report in all things approved.
136
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
AUGUST TERM 1859
p 468.
John Young et al
vs On Petition for Partition
John Lair
The whole value of land $23,822.80 Attorneys fee for $308.22 Proportion for J.S. Phelps $5.17 for J. Young $32.77, for John Lair $14.23, for Ann R. Yancey $83.54, Robert Yancey $86.13, for Stephen Yancey $86.13, costs of Clerk, Sheriff, and Commissions proportion of the whole amount ($31.00) J.S. Phelps 52 cents, J. Young $3.20, John Lair $1.43, Ann R. Yancey $8.42, Robert Yancey $8.66, Stephen B. Yancey $8.66, and on examination the Court doth allow the above amount of costs and fees and orders that a fee bill issue against said parties for their respective liabilities of said costs as set forth in this foregoing statement.
p 469.
Martin Alsup Plaintiff
vs Civil Action
John F. Overstreet Defendant
Now at this day comes the Defendant and on his application and for cause shown this cause is continued until the next term of this Court.
John Mallay Plaintiff
vs Civil Action
Samuel R. Trusdale Defendant
Now at this day comes the Plaintiff by attorney and the Defendant having been duly served with process and failed to answer plead or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by Defendant and the amount ascertained thereby. The Court doth find from an examination of the same that tbe Defendant is indebted to said plaintiff in the sum of $164.40 debt and the sum of $3.44 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant his said debt and damages and also costs of suit laid out and expended and that he have execution therefor.
p 369/370.
David Coble Plaintiff
vs Civil Action Slander
Samuel McDaniel Defendant
Now at this day comes the parties by their attorneys and having announced themselves ready for trial thereupon comes a Jury viz Joseph Burden, E. Compton, C.S. Bodenhamer, Samuel Wood, G.P. Holland, E.N. Bearden, William Roberts, James M. Forrester, Nat Massey, J.N. Thompson, R.A. Abernathy and T.J. Weaver, twelve good and lawful men who being duly elected tried and sworn having heard a portion of the evidence and there not being time to complete the same are permitted to disperse under charge of the Court until tomorrow morning 9 o'clock.
p 471.
Solomon Nevill Plaintiff
vs Civil Action
Stephen Dorrall Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that said Defendant had been duly served with process and the petition of Plaintiff being wholly undefended and the same being founded on an instrument of writing signed by the said Defendant and the amount ascertained thereby. The Court doth find from an examination of the same that the Defendant is indebted to the said
(continued)
137
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
AUGUST TERM 1859
p 471 (cont)
Plaintiff in the sum of $1016.50 for debt and also the sum of $147.32 for damages for the detention thereof. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant his said debt and damages and also costs of suit laid out and expended and that he have execution therefor.
p 471/472.
David Coble Plaintiff
vs Slander
Samuel McDaniel Defendant
Now at this day comes the Jury in this cause and the parties by attorneys and having heard a portion of the evidence thereupon comes the PlaintIff and says he will take a non-suit with leave to move to set aside. It is therefore considered by the Court that the Plaintiff take nothing by his suit and that same be dismissed and that the Defendant have and recover of and from the said Plaintiff his costs laid out and expended and that he have execution therefor.
N.R. Cornell Plaintiff
vs Civil Action
John J. Bradley & James Bradley Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that said Defendant had been duly served with process and the petition of Plaintiff remaining wholly unanswered and the same being founded on an instrument of writing signed by Defendant and the amount ascertained thereby. The Court doth find from an examination of the same that said Defendant is indebted to said Plaintiff in the sum of $100 and $9.66 damages by reason of the detention thereof. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant his said debt and damages and costs of suit laid out and expended and that he have execution therefor.
p 472/473.
R.F. Bedford Plaintiff
vs Civil Action
J.A.J. Lee Defendant
William C. Price
Now at this day comes the Plaintiff by attorney and by leave of the Court dismisses the case as to J.A.J. Lee. And it appearing to the satisfaction of the Court that the Defendant W.C. Price had been duly served with process and the petition of Plaintiff being wholly unanswered and the same being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby. The Court doth find from an examination of the same that said Defendant is indebted to said Plaintiff in the sum of $337.50 debt and the sum of $12.23 damages for the detention thereof. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant the said debt and damage and also costs and that he have execution therefor.
p 474.
Causes continued until next term of this Court
North and Cott vs James S. Wallace -- Civil Action
Samuel Crenshaw vs Benjamin W. Cannefax -- Civil Action.
138
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
August Term 1859
p 475/476.Monday August 15, 1859
Causes continued and motions filed
John W. Payne vs John Carter -- Civil Action Continued
James F. Hornbeak vs Fendal C. Cason -- Demurer
John Hursh vs William Byers -- Motion to dismiss
William Davidson vs Samuel Moore -- Rule Defendant give security
B.W. Cannefax vs L.A.D. Crenshaw -- Cause continued Civil Action
p 476.
A.F. Bigbee Plaintiff
vs Civil Action
Samuel Moore, Edward Moore,B.C. Bills Defendants
Now at this day comes the Defendants by attorney and by leave of the Court withdraws their answer in this cause and the pCtition of Plaintiff remaining wholly unanswered and the same being founded on an instrument of writing signed by the Defendants and the amount ascertained thereby.The Court from an examination of the same doth find that said Defendants are indebted to said Plaintiff in the sum of $600 debt and $60 damages for the detention thereof. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendants the said sum of $600 debt and $60 damages and costs of suit and that he have execution therefor.
p 477.
Thomas S. Montgomery Plaintiff
vs Civil Action from J.P.
James Baston Defendant
Now at this day comes the parties by attorney and having announced ready for trial thereupon comes a Jury, viz: W.A. Appleby, J. Noblet, N.D. McCall, B.W. Cannefax, J.Y. Fulbright and S.J. Gambill, six good and lawful men who being elected tried and sworn having heard a portion of the evidence, the Plaintiff takes a non-Suit. It is therefore considered by the Court that Plaintiff take nothing by his Suit and that the Defendant have and recover of the said Plaintiff his costs and the said Defendant by leave of the Court adduced evidence of damages sustained and the Court from the evidence adduced do find that the Defendant is damaged in the sum of $12 by reason of the repli . It is therefore considered by the Court that the said Defendant have and recover of the said Plaintiff Thomas 5. Montgomery and James Beeler his security the said sum of $12 for his said damages and also the costs aforesaid and that he have execution therefor.
Moses Proctor Plaintiff
vs Civil Action
Joel Norris Defendant
Now at this day comes the parties by attorneys and being ready for trial thereupon comes a Jury viz John Freeman, J.C. Bigbee, G. Wingfield, R. Williams, R. Gott, J.Y. Morton, W.J. Cannefax, J.M. Carthal, Jesse McKinney, T.C. Piper, E.L. McElhaney, twelve good and lawful men who being elected and sworn having heard the evidence upon their oath say "We the Jury find the issue for the Defendant." It is therefore considered by the Court that the said Defendant have and recover of said Plaintiff his costs laid out and expended and that he have execution therefor.
p 478.
Henderson Potter, admin Plaintiff
vs Civil Action
A.H. Payne Defendant
Now at this day comes the Plaintiff and by leave of the Court says he will dismiss this
(cont).
139
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
AUGUST TERM 1859
p 478 continued
cause. It is therefore considered by the Court that the same be dismissed and that the Defendant have and recover of and from said Plaintiff his costs laid out and expended and that he have execution thereof.
p 479. Tuesday August 16, 1859
Motions filed
Fallenstine and Goss vs James M. Morgan -- interrogations.
Joel Norris vs Moses Proctor -- motion to dismiss
Joseph Rountree vs J.M. Henry and J.M. Bailey -- answer filed
Fallenstine and Goss vs J.M. Morgan -- garnishees file answer
B.B. Harrison vs John Burnett -- show cause in next term.
p 480.
R.S. Gott Plaintiff
vs Civil Action
James Forbes and B. Williams Defendants
Now at this day comes the parties by attorney and being ready for trial thereupon comes a Jury viz C.S. Bodenhamer, T. White, M.M. Pasley, Jas. Webb, J.T. Morton, J.L. Fondron, John A. Ray, R.N. Jones, S.L. Slow, G.A. Dillard, Monroe Donnall, J.J. Hall, twelve good and lawful men who being elected tried and sworn having heard the evidence upon their oath return into Court a verdict against B. Williams and in favor of Plaintiff for $120. Whereupon it is considered by the Court that the said Plaintiff have and recover of and from said B. Williams said sum of $120 with his costs in his behalf laid out and expended and that the said Joseph Forbes the other Defendant go hence without day and recover of and from the said Plaintiff his costs and charges in this behalf laid out and expended and that in each case execution may issue.
Charles Beardslee and Bro
vs Attachment
James M. Morgan
Now at this day the motion to quash the attachment in this cause coming on to be heard the Court being advised of and concerning the premises said motion is by the Court sustained and the Writ of Attachment quashed.
p 481.
Fallenstine and Goss
vs Attachment
James M. Morgan
Now at this day the motion to quash the attachment in this cause coming on to be heard the Court being advised of and concerning the premises said motion is by the Court sustained and the Writ of Attachment quashed.
H. Whittimore
vs Attachment
James M. Morgan
Now at this day the motion to quash the attachment in this cause coming on to be heard the Court being advised of and concerning the premises said motion is by the Court sustained and the Writ of Attachment quashed.
David Coble Plaintiff
vs Civil Action
Samuel McDaniel Defendant
Now at this day the motion to set aside the non-suit and grant a new trial coming on to
(cont)
140
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
AUGUST TERM 1859
p 481 (cont)
be heard and the Court being advised of and concerning the premises said motion is by the Court overruled whereupon the Plaintiff by leave of the Court files his affidavit praying an appeal to the Supreme Court which is by the Court granted.
Charles Beardslee and Bro Plaintiff
vs Attachment
James M. Morgan Defendant
Now at this day comes the Plaintiff by attorney and by leave of the Court files his motion to set aside the ruling of the Court quashing the Writ of Attachment in the cause which said motion is by the Court overruled.
p 482.
Fallenstine and Gauss Plaintiff
vs Attachment
James M. Morgan Defendant
Now at this day comes the Plaintiff by attorney and by leave of the Court files his motion to set aside the ruling of the Court quashing the Writ of Attachment in the cause which said m0tlon is by the Court overruled.
H. Whittimore Plaintiff
vs Attachment
J.M. Morgan Defendant
Now at this day comes the Plaintiff by attorney and by leave of the Court files his motion to set aside the ruling of the Court quashing the Writ of Attachment in the cause which said motion is by the Court overruled.
p 482/483. Wednesday August 17, 1859.
Israel Butts Plaintiff
vs Attachment
William Forsythe Defendant
Now at this day comes the Plaintiff by attorney and it appearing that the said Defendant had been notified by publication and the demand being founded on the instrument of writing signed by Defendant and the amount ascertained thereby. The Court doth find from an examination of the same that the said Defendant is indebted to said Plaintiff in the sum of $160 Debt and $18 damages by reason of detention thereof. It is there fore considered by the Court that the Plaintiff have and recover of and from the said Defendant the said debt and damage and costs of suit and that he have execution thereon, and that the proceeds of the sale of property sold by the Sheriff by order of the last term of this Court be appropriated first to payment of costs and expenses in this case expended and the balance, if any, to the _______ of the Judgment.
p 483.
W.P. Johnson Plaintiff
vs Civil Action
George W. Jeffries Defendant
Now at this day comes the parties by attorney and being ready for trial thereupon comes a Jury, viz C. Cannefax, J.M. Carthal, J.B. Kimbrough, Jas. Gott, R.S. Gott, T. White, D. Jarratt, J. Hursh, J.L. Holland, J.S. Kimbrough, W.J. McDaniel, and J.R. Brown, twelve good and lawful men who having heard a portion of the evidence the Plaintiff takes a n0nSuit with leave to move to set aside. It is therefore considered by the Court that the Plaintiff take nothing by his suit and that the Defendant have and recover of and from said Plaintiff his costs laid out and expended in this behalf and that he have execution therefor.
141
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
AUGUST TERM 1859
p 484.
H.S. Blankenship Plaintiff
vs Civil Action
John R. Edwards Defendant
Now at this day comes the Plaintiff by attorney and by leave of the Court the Plaintiff is granted leave to amend his petition during present term and Defendant has leave to answer amended petition 30 days before the next term and this cause is continued until the next term of this Court at Plaintiff's costs for this term for which execution may issue.
p 484/485.
J.H. Pitman
vs Sheriff's Deed
Wallace and Farmer
Now at this day comes P.C. King who is known to the Court as former Sheriff of Greene County and the identical person whose name is subscribed to an instrument of writing purporting to be a Sheriff's Deed to L.P. Aynes and A. Davis for the following described land viz parts of Lots No. 4 and 6 in Block 2 in the town of Ozark sold by virtue of an execution in the above entitled cause and the said Peter C. King acknowledged the same to be his act and deed for the uses and purposes therein contained.
p 485/486.
Francis A. McClure Plaintiff
vs Attachment
John Ball Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant is a non-resident of this State and cannot be served with ordinary process of Law. It is therefore ordered by the Court that the Defendant be notified by publication in some newspaper printed and published in this State for four successive weeks notifying said Defendant that his property and effects have been attached by said Plaintiff and notifying Defendant to be and appear before the Judge of Greene Circuit Court on the first day of the next term thereof to be holden On the first Monday in January 1860 at the Court House in Springfield and plead, answer or demur to Plaintiff's petition or the same will be taken as confessed and a Judgment made against him and his property sold to satisfy the same.
p 486. Thursday, August 18, 1839
H. Whittimore, etc Plaintiff
vs Attachment
J.M. Morgan Defendant
Now at this day comes J. Barron a garnishee in this cause and by leave of the Court files his answer in this cause and ordered that he be allowed the sum of $8 for attorney fee and for answering interogatories.
p 487.
Joseph M. Carthal, etc Plaintiff
vs Petition for Partition
Mary Carthal etc
Now at this day comes B.S. Hendrick attorney in this cause and it is ordered that he be allowed the sum of $180 as attorney fee on the sum of $11,000 the value of the real estate partitioned.
Now at this day it is ordered by the Court that A.T. Haun be appointed Circuit Attorney Protem. Whereupon the said A.T. Haun took the oath of the office as such Circuit Attorney.
142
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
AUGUST TERM 1859
p 487.
Now at this day comes A.Y. Haun, Circuit Attorney Protem, and gives information that since the discharge of the Grand Jury there has an alledged offense committed viz That of Rape by one Martin, a slave belonging to the estate of J.F. Danforth, deceased, whereupon it is ordered by the Court that the Sheriff summon a Special Grand Jury of sixteen men to inquire into said alledged offense.
And now at this day comes the Sheriff in obedience to the order of the Court and returns the following persons to compose a special Grand Jury viz Abner Hamblin, who was by the Court appointed foreman, James Vaughan, Thomas G. McKoin, James M. Carthel, Rinzne M. Mins, Nimrod Ford, J.A. Patterson, J.H. Jarnigan, H.S. Blankenship, Samuel Fulbright, John H. Price, H. Jones, J.H. Caynor, S.D. Galbraith, J.L. McCraw, James Gott, sixteen good and lawful men who being duly elected tried and sworn and by the Court charged in regard to an alledged crime of Rape retire to consider of the presentment.
p 488.
R.J. McElhaney Plaintiff
vs Civil Action by Confession
Daniel G. Bedell Defendant
Now at this day comes the Plaintiff by attorney and also the Defendant who by leave of the Court files his Statement verified by affidavit in which he says he is justly indebted to said Plaintiff in the sum of $82.92 now due and confesses judgment for that amount in favor of said Defendant. It is therefore considered by the Court that the said Plaintiff have and recover of and from said Defendant the said sum of $82.92 for his debt and also costs of suit and that he have execution therefor.
James Triplett Plaintiff
vs Appeal from J.P.
James S. McQuerter Defendant
Now at this day comes the parties by attorney and being ready for trial thereupon came a Jury, viz N.D. McCall, W.A. Shackleford, J.Y. Fulbright, H.J. Cain, Jas. Burden and B.F. Shockley, six good and lawful men who being duly elected tried and sworn having heard the evidence upon their oath say "We the Jury find the issue for the Plaintiff and find his debt $147.31 debt and $13.87 damages." It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant his said debt and damage and also costs of suit laid out and expended and that he have execution therefor.
p 489.
Ordered that the fine assessed against D. Chandler be remitted.
Now at this day comes the Grand Jury this day impannelled this morning and return into Court a true bill of the State vs Mart, alias Martin, a slave, for Rape which is ordered to be filed and a capias to issue forthwith and that there being no further business said Grand Jury was by the Court discharged.
p 490/491.
William P. Johnson Plaintiff
vs Civil Action
George W. Jeffries Defendant
Now at this day comes the Plaintiff and by leave files his affidavit asking an appeal which is by the Court granted whereupon comes the said William P. Johnson as principal
(continued)
143
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
AUGUST TERM 1859
p 490/491 (cont)
and Robert W. Crawford and John C. Price as his securities acknowledge themselves to stand indebted to George W. Jeffries in the sum of $100 to be void on condition that the said W.P. Johnson who has taken an appeal to the Supreme Court from a judgment rendered in the above entitled cause shall prosecute his appeal without delay and with effect pay all costs that may be adjudged by the Supreme Court if this judgment be affirmed and abide and perform the Judgment of said Court or any judgment rendered inaccordance with the instructions of said Court.
p 491.
David Coble Plaintiff
vs Civil Action
Samuel McDaniel Defendant
Now at this day comes David Coble as principal and Armstead C. Nichols and Harry H. Coble as his security who acknowledge themselves to stand indebted to Samuel McDaniel in the sum of $100 to be void on condition that the said David Coble who has this day taken an appeal to the Supreme Court on a judgment rendered against him in the above entitled cause shall prosecute his appeal with effect and without delay and pay all costs that may be adjudged against him by reason of any judgment of the Supreme Court and in all things perform the judgment of said Court.
p 491/492.
William Harralson
vs Petition for Decree of Title
Arthur Fine
Now at this day this cause coming on to be heard and it appearing to the satisfaction of the Court that Plaintiff had received an interlocutory judgment at the last term of this Court and it appearing further that said Defendant had wholly failed to appear on or before the third day of this Court and show cause why said judgment should not be made final. The Court being fully advised of and concerning the premises doth order and adjudge and decree that all the right title interest and estate that the said Defendant, his heirs and assigns, had of, in and to the following real estate, viz NW 1/4 of the NE 1/4 of Sect 10 Township 29 Range 24 be and the same is hereby vested in and shall remain in said Plaintiff, his heirs and assigns as completely as if the same had been originally deeded to him as intended by the contract of said parties and it is ordered and considered that the said Plaintiff pay the costs of this proceeding laid out and expanded and an execution issue therefor.
p 492/493 Divorce Previously extracted.
p 494.
Alfred Hosman et al
vs Petition for Partition
Delinda Craig et al
Now at this day comes the Sheriff and by leave files his report of sale of real estate in cause entitled and also a bill of fees and costs, viz: Clerk fee $6.10, Sheriff $7.00, Printer W.H. Graves $4, J.W. Boren $40, Sheriff Common $2005, $30.05, Commissioners Fees $2.97 each $8.91, Attorney S.H. Boyd on land and land warrant sold $75, on land set apart to B.H. Janus and J.C. Boone $75, which said report is approved and bill of costs and fees allowed.
144
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
AUGUST TERM 1859
p 495.
Henderson Potter Plaintiff
vs Civil Action
Chesley Cannefax Defendant
Now at this day comes the Plaintiff by leave of Court dismisses this cause. It is therefore considered by the Court that the same be dismissed and that the Defendant have and recover of and from said Plaintiff his costs laid out and expended and that he have execution therefor.
R.R. Garrett Plaintiff
vs Slander
James Watson Defendant
Now at this day comes the said Plaintiff by attorney and the said Defendant having failed to show cause why the judgment rendered at the last term of this Court should not be made final and an inquiry of damage having been awarded therefor, come a Jury, viz: W.R. Larason, M.J. Nubble, J.M. Carthal, R.C. Graves, J.Y. Fulbright, M.V. Abernathy, T.W. Patterson, J.S. Gibson, R.A. Plumb, James Gott, James Hirsh, J.S. Holland and Joseph Gott, twelve good and lawful men who being elected and sworn upon their oath say they cannot agree whereupon by leave of Counsel said Jury is discharged.
p 496.
Following causes continued until next Term of this Court
B.S. Wilson vs James Raines -- Civil Action
William Buyson vs John C. Pool -- Civil Action
M.A.V. Brown Plaintiff
vs Civil Action
John M. Richardson Defendant
Now at this day comes the Plaintiff by attorney and the Defendant being duly served with process and the petitiOn of Plaintiff being wholly undefended and the same being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby. The Court doth find from an examination of the same that said Defendant is indebted to said Plaintiff in the sum of $400 debt and $39.40 damages for the detention thereof. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant his said debt and damage and also costs of such and that he have execution therefor.
p 497/498.
James R. Danforth Plaintiff
vs Civil Action
Warren G. Graves, Robert P. Faulkner,
Robert B. Owen and John B. Perkins,
Trustees of Springfield Division No. 915 S.T. Defendants
Now at this day comes the Plaintiff by attorney and said Defendants having failed to appear and show cause why the interlocutory Judgment rendered at the last term of this Court should not be made final and inquiring had, this cause being submitted to the Court and the Court from the evidence do find that the said Defendants are Indebted as said Trustees of Springfield Div. No 91 Sons Temperance in the sum of $1553.80 for his debt and the sum $347 for his damage by reason of detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants as Trustees as aforesaid his said debt and damage and also costs of suit and that he have execution therefor.
145
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
AUGUST TERM 1859
p 498
Causes continued by Court until next Term.
Thomas Tiller, admin. vs Sowell Adams -- Civil Action
Elizabeth Hollbrook vs Thomas Tiller, -- admin Civil Action
B.H. Woodson vs J.M. Richardson and G. Ward -- Civil Action
p 499. Friday August 19, 1859.
State of Missouri Plaintiff
vs Selling Liquor
John Daniel Defendant
Now at this day comes the Defendant by attorney and files his appeal bond in the sum of $100 and Tapley Daniel as Security which is by the Court approved and appeal granted to the Supreme Court.
R.R. Garrett Plaintiff
vs Slander
James Watson Defendant
Now at this day again comes the Plaintiff by attorney and the said Defendant having failed to show cause why the interlocutory judgment rendered at the last term of this Court the enquiry of damage is submitted to a Jury viz W.B. Roper, J.B. Bodenhamer, R. Williams, J.B. Wilkerson, P.C. King, G.W. Shirrod, G.M. Jones, H. Smiley and S.P. Piper, twelve good and lawful men who being duly elected, tried and sworn having heard the evidence upon their oath say: "We the Jury find the issue for the Plaintiff and assess his damages $3429.10." It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said damages and also costs of suit and that he have execution, therefor.
p 499/500
N.A. Davis Plaintiff
vs Civil Action
William B. Farmer Defendant
Now at this day comes the parties by attorney and being Teady for trial and the said Defendant making no answer or defense to Plaintiff petition. It is considered by the Court that Plaintiff have judgment by default and by agreement of parties said judgment is proceeded on to final hearing and the Court sitting as a Jury do find from the evidence adduced that said Defendant is indebted to said Plaintiff in the sum of $254.15. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant said sum of $254.15 and also costs laid out and expended and that he have execution therefor.
p 500/501.
John Hursh
vs Appeal from J.P.
William Byers
Now at this day comes the parties by attorney and this cause is submitted to the Court and the Court Sitting as a Jury to find from the evidence that the said Defendant is indebted to said Plaintiff in the sum of $38 for his debt. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant his said debt of $38 and costs of Suit for which execution may issue.
p 502.
J.F. Johnson Plaintiff
vs Civil Action
Peter Apperson Defendant
(continued)
146
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
AUGUST TERM 1859
p 502. (cont)
Now at this day comes the Plaintiff by attorney and by leave of the Court dismisses this cause. It is therefore considered by the Court that the same be dismissed and that the Plaintiff take nothing by his suit and Defendant recover of said Plaintiff his costs laid out and that he have execution therefor.
Motions filed
Stephen Thaddus vs Baker Russell and Jackson Russell -- Civil Action dismissed
R.S. Gott vs Joseph Forbes et al Civil action. -- Motion set aside.
p 503.
Kindred Rose
Henry J. Rose
Matthew Alexander
Martha Alexander
vs Petition for Partition
Mary F. Rose
Granberry Rose
Richard Rose
William Russell
Virginia Russell
Now at this day comes on to be heard the matter and things pertaining to this action of partition and Plaintiffs appearing as well as Defendants and the facts set forth in Plaintiff's petition being fully answered by Defendants by confession and acknowledged service and consenting that formal Judgment may be made at this term of the Court and partition made and the Court being satisfied that partition in kind cannot be made of the real estate mentioned in Plaintiffs petition belonging to the estate of Elbert Rose deceased, viz W 1/2 of SW 1/4 of Sect 26 TWP 29 Range 23 W, and fully appearing that Kindred Rose is entitled to an undivided tenth part, Henry J. Rose is entitled to fourtenths, Matthew Alexander and Martha his wife are entitled one-tenth part and Mary F. Rose, Greenberry Rose and Richard Rose are entitled to one-tenth part each, and William and Virginia Russell in right of Margaret Rose deceased their mother who intermarried with Baker Russell are entitled to onetwentieth each. It is therefore considered, adjudged and decreed by the Court that the Sheriff of Greene County sell the said real estate at public auction at the January Term of the Greene Circuit Court 1860 at the Court House in Springfield and whilst said Court is in session to the highest and best bidder on a credit of 12 months, the purchaser giving bond with approved security and that the Sheriff make report of this proceedings.
(Marriage Lic. gives Baker Russell married Mijary Rose 1 Mar 1854)
p 504/505.
R.P. Price adm.
vs Civil Action
Stephen Bedford
Now at this day comes the parties by attorney and being ready for trial the cause is submitted to the Court and the Court sitting as a Jury having heard the evidence doth find that the said Defendant is Indebted to the said Plaintiff in the sum of one hundred seventy five dollars debt and also the sum of one hundred fifty four dollars and eighty seven cents damages at the rate of ten per cCnt per annum for the detention thereof. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant his said debt and damage and also costs of suit and that he have execution therefor.
147
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
AUGUST TERM 1859
p 506. Monday August 23rd 1859.
William McAdams, curator of
heirs Joseph Powell deceased
vs Civil Action by Confession
John H. Overstreet
Now at this day comes the said Defendant and Plaintiff and files the petition of Plaintiff and statement of Defendant verified by affidavit in which he says he is justly indebted to the Plaintiff as curator of the minor heirs of Joseph Powell deceased in the sum of $283.18 now due and confesses Judgment in favor of said Plaintiff for the same. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant his said debt of $283.18 and also costs of suit and that he have execution therefor.
p 507/508. Divorce Previously extracted.
p 508.
William J. Jeffries et al Expartee Petition for Partition
Now at this day comes again the parties in this cause and it appearing to the satisfaction of the Court that these are the following named heirs and distributees of James Jeffries, deceased, to wit:
Thomas H. Jeffries William W. Jeffries
Eliza, intermarried with Jesse Pendergrass
Sarah W. intermarried with Elisha Messick
Mary Jane intermarried wIth John Adair
Martha E. intermarried with Jeremiah Roberts
Issabella D. Jeffries Louisa V. Jeffries
John J. Jeffries& George Jeffries.
Each are entitled to one-twelfth part of said real estate and it further appearing to the satisfaction of the Court the following named heirs of said estate have received as advancement out of the personatly of said estate the following sums, to wit:
Martha E. Roberts $76.08 Louisa V. Jeffries $54.29
Issabella D. Jeffries $65.99 Mary J. Adair $96.33
George Jeffries $1.25 John Jeffries $12.25.
It is therefore ordered adjudged and decreed that the land described in Plaintiffs petition Lot No. one NE fcl 1/4 Section 1 TWP 29 Range 21 be sold and that the proceeds issuing from the sale of said lands after paying expenses be divided equally between the said heirs and distributes deducting from the shares of the said Martha E. Roberts, Louisa V. Jeffries, Issabella D. Jeffries, Mary J. Adair, George Jeffries and John Jeffries the amounts which they have respectfully received by way of advancement and that the Sheriff make report of his proceedings to the next term of this Court.
p 509.
Thomas H. Turner, et al Expartee Petition for Partition
Ordered by the Court that the Sheriff of Greene County pay two-thirds of the amount for which the real estate of James C. Turner, deceased, sold (The same being now due and ready for distribution) to the heirs and distributees of said estate as follows:
to Mary Carthal -- $ 510.25
Lucretia Collins -- $ 580.25
Thomas H. Turner -- $ 300.25
James H. Turner -- $ 10.25
John L. Turner -- $ 110.25
Thaddius J. Turner -- $ 36.09
Theophilus B. Turner -- $ 636.71
making in all -- $2178.05
(continued)
148
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
AUGUST TERM 1859
p 509 (cont)
Being the amount of the first two installments now due after deducting expense of partition and adding interest on first installment.
The State of Missouri who sues in the relation and to the use of John R.Edwards, admin of the goods in administer of the estate of Joseph Cannefax deceased
vs Civil Action on Administrators Bond
William Cannefax, James Dollison,
John H. Miller, R.M. Langston
William Massey, John S. Bigbee
Now at this day the Plaintiff comes again by his attorney and the Defendants failing to show cause why the Judgment by default should be set aside and the inquiry of damages coming on to be heard the Plaintiff not requiring a Jury the question as to the breadth of the condition of the bond and the amount of damages accruing to the Plaintiff was submitted to the Court and from the evidence adduced by the Plaintiff the Court find that William Cannefax as administrator of the estate of Joseph Cannefax, deceased, at his settlement before the Probate Court of Greene County, Missouri, on the 21st day of February 1857 was indebted to said estate $1413.40. That his letters of administration on said estate was by said Probate Court revoked, that John Edwards was appointed administrator debonis non on said estate and qualified as such and that the said William Cannefax has not paid to the said John R. Edwards administrator debonis non of said estate as aforesaid the sum of fourteen hundred and thirteen dollars and forty cents or any part thereof, the amount of his Indebtedness to said estate at the time of his settlement. In consideration thereof the damages to be fourteen hundred and thirteen dollars and forty cents with interest thereon from the 21st day of February 1857 to the present time amounting to two hundred twelve dollars and one cent. It is therefore considered by the Court that the Plaintiff have judgment against the said William Cannefax, James Dollison, John H. Miller, R.M. Langston, William Massey, John S. Bigbee for ten thousand dollars, the amount of the Bond in his petiti0n mentioned which may be discharged by the payment of one thousand four hundred and thirteen dollars with interest thereon from the 21st day of February 1857 amounting to two hundred twelve dollars and one cent the damages by the Court in form as aforesaid assessed together with the c0St of this suit expended and that he have execution therefor.
p 511
Richard Steel Plaintiff
vs Petition for Partition
Elizabeth Horn Defendant
Now at this day comes the Plaintiff and on motion John M. Richardson is the Court appointed guardian ad litem for minor Defendants in this cause.
Joseph Rountree Plaintiff
vs Civil Action
Joshua M. Bailey Defendant
Now at this day comes the Plaintiff by attorney and on motion John NcHenry is made a party Defendant in this cause and Plaintiff has leave to file amended petition 60 days before the next term of this Court to which time this cause is continued.
149
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
AUGUST TERM 1859
p 512.
R.S. Gott Plaintiff
vs Civil Action
Brock Williams Defendant
Now at this day comes the Defendant and by leave files his affidavit and bond praying an appeal to Supreme Court which appeal is granted and bond is by the Court approved whereupon comes the Defendant and by leave of Court files his Bill of Exceptions in this cause.
p 513.
E.B. Miller et al Plaintiff
vs Civil Action
Joseph J. Weaver et al Defendants
Now at this day comes the Plaintiffs by attorneys and suggests death of Louisiana Haden one of the Defendants in this cause, and on mOtion it is ordered that Plaintiff have leave to file supplemental petition on which filing a sciri facias shall issue.
p 514.
Motions filed
William Davidson vs Samuel Moore -- Civil Action
J.H. Fitzgibbon vs F.M. Hendrick et al -- Civil Action
Peter Wilson vs Robert W. Crawford -- Civil Action
p 515.
State of Missouri Plaintiff
vs Gaming
John W. Lingo Defendant
Now at this day comes the Defendant by Attorney and by leave of the Court files his motion to set aside the verdict in this cause which is by the Court overruled. Defendant also files motion to arrest Judgment which is also overruled.
Joel Norris Plaintiff
vs Civil Action
Moses Proctor Defendant
Now at this day the Plaintiff in this cause having failed to give security for costs it is ordered by the Court that the same be dismissed. It is therefore ordered by the Court that the Defendant have and recover of and from said Plaintiff his costs laid out and expended and that he have execution therefor.
Joseph Jones Plaintiff
vs Cross-Bill in Chancery
William P. Cox Defendant
Now at this day comes the parties and it is agreed that the Plaintiff in this cause (Jones) has leave to amend his Cross-Bill by serving a copy on Defendants Counsel 60 days before the next term of this Court and Defendant has leave to demur, plead or answer at the next term of this Court to the original Bill of Complainant on the first day of next term by serving Defendant's attorney with a copy thirty days after the complainants answer and petition is served on them and this cause is continued until the next term of this Court.
150
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
AUGUST TERM 1859
p 516.
Peter Copeland Plaintiff
vs Civil Action
Jesse Jennings et al Defendants
Now at this day comes again the parties in to Court and upon motion of Defendant the Court being satisfied that the taking of an account will be necessary for the information of the Court before Judgment in the above cause and it appearing to the Court that the parties Plaintiff and Defendant have agreed before the appointment of Pleasant M. Ware of Lawrence County, Missouri, as a suitable person to whom might be referred the finding of the facts required by this reference. It is therefore considered by the Court that Pleasant M. Ware be appointed referee in the above cause and it is further ordered by the Court that he proceed at his earliest convenience to hear the facts and decide the following issues, to wit: Such issues as
L. Hendrick and R.W. Crawford may agree upon and report to this Court the testimony at length upon which said discussions or decisions are based.
p 517.
R.W. Jones and T.N. Compton Plaintiffs
vs Civil Action
James R. Turner et al Defendants
Now at this day comes the Plaintiff by attorney and by leave of the Court dismisses this cause. It is therefore considered by the Court that the Plaintiffs take nothing by his suit and that the Defendants have and recover of said Plaintiff his costs in this behalf laid out and expended and that he have execution therefor.
p 517.
John S. Rainey et al Plaintiff
vs Civil Action
Joseph T. Morton et al Defendant
Now at this day comes the parties by Attorneys and it is agreed between H.J. Linden bower and L. Hendrick attorneys for Plaintiffs in the cases of John S. Rainey, et al against Samuel Woods against Sarah Edmonson against J.T. Morton and Price and Foster, P.S. Wilkes and Oliver and Haun allows for Defendants that the said Counsel for said Defendants may make application at the next term of the Greene Circuit Court to have deeds made by the Sheriff of Greene County to such person or persons as the said last mentioned Counsel may think proper for certain lands lying and being in Greene County and state of Missouri, originally entered by James R. Danforth and by him and conveyed to George R. Rainey and afterwards sold or intended to be sold by the Sheriff of Greene County by virtue of an order of the Greene Circuit Court made on the application of the heirs of said George R. Rainey for partition of said land among said heirs which said application for deeds may be heard and determined by said Court at its next term without prejudice to the trial in said cause.
p 518/519.
Richard Steel Plaintiff
vs Petition for Partition
Elizabeth Horn, William Horn,
Margaret Horn, Jane Horn,
James Horn infant children of
Andrew Horn, deceased, Margaret
Steel, William Steel and James Steel
infant children of Nenion Steel Deceased Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Defendants had been duly notified by publication of the filing
(cont)
151
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
AUGUST TERM 1859
p 518/519 (cont)
of this petition and having failed to plead, answer or demur to said petition the same is taken as true and the said guardian ad litem confesses and says that the said Defendants cannot deny but what the facts state in said petition are true and the Court from facts stated doth find that said Plaintiff and Defendants are the owners of the following real estate viz NE 1/4, NW 1/4 and SW1/4 of the NE 1/4 of Section 26 TWP 27 Range 24. That the said Richard Steel is the owner of nine shares in said real estate, That the said Elizabeth, Jane, Margaret, William and James Horn, infant heirs of Andrew Horn deceased are entitled one undivided eleventh that the said Margaret, William and James Steel infant children of Nemion Steel, Deceased, are entitled to one undivided eleventh part or share of said real estate and all and singular the premises being seen and by the Court understood. It is considered by the Court and decreed by the Court that the said Plaintiff have Judgment of partition of said real estate according to the rights of the parties as Set forth in said partition. And it is further ordered by the Court that John Steel, David Steel and Richard Steel be and they are hereby appointed Commissioners to make partition of the real estate according to the rights of the parties as aforesaid and that they make report of their proceedings to the next term of this Court to which time this cause is continued.
p 519.
Warren Cummings et al Plaintiff
vs Civil Action
Jasper Ruyle et al Defendant
Now at this day comes the Plaintiff by Attorney and it appearing to the satisfaction of the Court that Jasper Ruyle, Benjamin Hancock and Elizabeth his wife are non-residents of the State of Missouri and that ordinary process of said cannot be served on them. It is ordered that they be notified by publication for four successive weeks the last insertion to be at least four weeks before the next term of this Court, notifying said Defendants that they be and appear before the Judge of our GreeneCircuit which commences on first Monday in January 1860 on the first day thereof and plead, answer or demur to Plaintiff's petition or the same will be taken as confessed and a decree entered accordingly.
p 520.
Motions entered
Warren Cummings vs Jasper Ruyle -- Civil Action
J. NcHenry vs A. Johnson -- Civil Action
J.M. Carthel vs B.W. Cannefax -- Civil Action
Ancil Lawson vs J. & I. Leathers, -- admin Civil Action
Peter Wilson vs R.W. Crawford -- Civil action
p 521.
James Triplett vs James S. McQuerter -- Civil Action
Allen Mitchell vs Samuel Fulbright -- Motion as Sheriff
Beardsley and Bro vs James M. -- Morgan attachment
H. Whitmore and Co vs James M. Morgan -- attachment
p 522.
Fallenstine and Goss vs James M. Morgan -- attachment
David Coble vs Samuel McDaniel -- Civil Action
James F. Hornbeak vs Fendal C. Cason -- Civil Action
John Hursh vs William Byers -- Civil Action
Charles McClure vs Neil McKenzie -- Civil action
p 533. John R. Edwards vs William J. Cannefax Continued.
END OF AUGUST TERM 1859.
152
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