Springfield-Greene
County LibraryAugust Term 1860
Book E
p 140/141.
John Page Plaintiff
vs Civil Action
Marcus Boyd Defendant
Now at this day comes the parties by attorneys and having announced themselves ready for trial thereupon comes a Jury of eleven men who by consent of parties to try this cause, viz- R.M. Fulbright, J.S. Holland, W.B. Roper, R.C. Graves, J.A. Miller, J.S. Gardner, J.S. Alexander, T.J. Epperson, William M. Horton, J.B. Perkins, J.F. Brown, eleven good and lawful men who being duly elected and sworn to try the issue joined. Having heard a portion of the evidence thereupon comes the Plaintiff and asks leave to amend his petition whereupon the said Plaintiff is granted leave to amend his petition sixty days before this date and that next term be pleading time, whereupon the Jury is by the Court discharged and this cause is continued until the next term of this Court at Plaintiff's cost for this term. It is therefore considered by the Court that the Defendant have and recover of and from said Plaintiff and rlijah Gray, his security, his costs laid out this term of Court and that he have an execution therefor.
p 141. Wednesday August 15th 1860
State of Missouri Plaintiff
vs Felonious Assault
John Lany Defendant
Now at this day comes the said Defendant John Lany and Josiah Ludy and acknowledged themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be levied of their respective goods and chattels, lands and tenements to be void on condition that the said John Lany who has been indicted by the Grand Jury of Greene County, Missouri, for Felonious Assault shall be and make his personal appearance before the Judge of our Greene Circuit Court on the first day of the next term thereof to be holden at the Court House in Springfield on the fourth Monday in January 1861 and answer to said Indictment and not depart said Court without leave.
p 142.
State of Missouri Plaintiff
vs Disturbing the Peace
Daniel B. Flint Defendant
Now at this day comes the said Defendant, Daniel B. Flint, and V.W. Kimball and 0.0. Kimball and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $200 each to be bond of their goods and chattels, land and tenements to be void on condition that the said Daniel B. Flint who has been indicted by the Grand Jury of Greene County for Disturbing the Peace shall be and make his personal appearance before the Judge of our Greene Circuit Court on the first day of the next term thereof to be holden at the Court House in Springfield, Missouri, on the 4th Monday in January 1861 and answer to said Indictment and not depart said Court without leave.
James W. Boren Plaintiff
vs Civil Action by Confession
James Rains Defendant
Now at this day comes the Plaintiff by attorney and files a statement of Defendants verified by affidavit of said Defendant where he Sets forth that he is indebted to Plaintiff in the sum of $184.36 debt 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 Defendant his said debt and also costs laid out and expended and that he have execution therefor.
16
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860.
p 143.
The heirs of James Jeffries Expartee Petition for partition.
Now at this day comes the parties by attorney and the Court doth order that the Sheriff of Greene County pay the following sums to each of said heirs the same being their full distribution shares of the proceeds of the sale of real estate of said deceased sold by order of this court viz:
to Isabella D. Jeffries the sum of $ 60.79
to John Adair the sum of 29.96
to George Jeffries the sum of 125.34
to John Jeffries the sum of 114.24
to Jesse Pendergraff the sum of 126.49
to William W. Jeffries the sum of 126.49
to Elihu Messick the sum of 126.49
to Nathaniel Jeffries the sum of 126.49
to Robert Jeffries the sum of 126.49
Ordered by the Court that the Sheriff, Henry Matlock, make distribution of the sum of $1116.03 balance in his hands on the proceeds of sale of real estate of James C. Turner Deceased among the several heirs and distributees of said deceased.
John C. Fitzgibson Plaintiff
vs Civil Action
Edward M. Hendrick, L. Hendrick &
B.S. Hendrick Defendants
Now at this day comes the parties by attorney and the cause being submitted to the Court doth find from an Examination of the same the said petition being founded on an Instrument of Writing signed by Defendants and the amount ascertained thereby that Defendants are indebted to Plaintiff in the sum of $120 debt and $45 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said sum of $120 Debt and $45 Damages and also his costs laid out and expended and that he have execution thereon after the first day of the next term of this Court.
p 144.
David and Nancy Coble Plaintiffs
vs Civil Action
Samuel McDaniel Defendant
Now at this day comes the parties by attorney and by leave of Court say that this cause be dismissed and agree that each party pay their own witness fees and each party one-half of all other fees arising in the cause. It is therefore considered by the Court that the cause be dismissed and that each party pay his own witness fees and one-half of all other costs accruing in this cause and that execution issue in favor of each party and against each party accordingly.
David Coble Plaintiff
vs Civil Action
Samuel McDaniel Defendant
Now at this day comes the parties by attorney and by leave of Court say that this cause may be dismissed and agree that each party pay their own witness fees and one-half of all other costs, and it is further agreed that the Plaintiff dismiss this cause taken by appeal to the Supreme Court. It is therefore considered by the Court that this cause be dismissed and that each party pay their own witness fees and one-half of all other costs accruing in this cause and that an execution issue against each of said Defendants and in favor of each Defendant accordingly.
17
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
p 144.
David Coble Plaintiff
vs Civil Action
Samuel McDaniel Defendant
Now at this day comes the parties by attorney and by leave of Court agree that this cause be dismissed that each party pay their own witness fees and each one-half of all other costs accruing in this cause. It is therefore considered by the Court that this cause be dismissed and that each party pay their own witness fees and one-half each of all other costs accruing in this cause and that an execution issue against each of said Defendants and in favor of each Defendant accordingly.
p 145.
Theodoseus Strang, Joseph B. Adriane,
Stephen B. Strang & John McMurdie Plaintiffs
vs Civil Action
Joseph Hursh and John Demoth Defendants
Now at this day comes the Plaintiff by attorney and by leave files his petition and said Defendants also comes and say the said petition is true and the Court doth find from the same that Defendants are indebted to said Plaintiff in the sum of $540.53 debt and $21.62 damage. It is therefore considered by the Court that Plaintiff haveand recover of and from said Defendants this said debt and damage and also costs of suit a nd that they have an execution therefor.
John Brown, C.W. Kinkel,
George W. Hall, Thomas W. Ackley Plaintiffs
vs Civil Action
Joseph Hursh & John Demoth Defendants
Now at this day comes the Plaintiff by attorney and by leave files his petition and also the Defendants who say the facts stated are true and the Court doth find from an examination of the same that the Defendants are indebted to Plaintiffs in the sum of $524.82 debt and $29.38 damage. It is therefore considered by the Court that the Plaintiffs have and recover of and from said Defendants their said debt and damage and also their costs laid out and expended and that they have an execution therefor.
p 146.
William Henslee Plaintiff
vs Civil Action
Chesley Cannefax, L.A. Rountree
& W.M. Horton Defendants
Now at this day again come the Jury impannelled in this cause on yesterday and having heard the evidence and received the instructions of the Court and there not being time to render a verdict are by the Court discharged until tomorrow morning 9 o'clock.
Manana Alsup Plaintiff
vs Civil Action
John Overstreet
Now at this day comes the parties by their attorney and by leave of Court they say they will dismiss this cause and do agree that Judgment be rendered against each of said parties for one-half of the costs accruing in this cause and that all the title and claim of said Defendant to the Negro woman in controversy be vested in said Plaintiff by this Court. It is therefore considered and decreed by the Court that all the right title and claim of the said Defendant in and to the Negro woman in controversy be vested and remain in the said Defendant and that each party pay one-half of the cost accruing in this cause and that an execution issue therefor.
18
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
p 147. Thursday August 16, 1860.
William M. Rogers Plaintiff
vs Civil Action
A.J. Klepper Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing and no cause being shown why the Judgment rendered by default at the last term of this Court should not be made final, The Court doth find that the Defendant is indebted to the Plaintiff in the sum of $464.03 debt and $13.92 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendant his said Debt and damage as aforesaid and also his Costs and that he have execution therefor.
p 148.
T.J.M. Hawkins Plaintiff
#1 vs Civil Action By Attachment
Robert N. Sims Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the Court that the Defendant had been notified by publication as the Law directs and having failed to plead, answer or demur to Plaintiff's petition, the Court doth consider that the plaintiff ought to have Judgment against said Defendant by default but it not appearing what amount of debt or damages Plaintiff is entitled to. It is considered by the Court that an enquiry of damage be had at the next term of this Court to ascertain the amount to which Plaintiff is entitled to to which time this cause is continued.
p 149.
T.J.M. Hawkins Plaintiff
#1 vs Civil Action By Attachment
Robert N. Sims Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the Court that the Defendant had been notified by publication as the Law directs and having failed to plead, answer or demur to Plaintiff's petition, the Court doth consider that the plaintiff ought to have judgment against said Defendant by default but it not appearing what amount of debt or damages Plaintiff is entitled to recover. It is ordered that an enquiry be had at the next term of this Court to ascertain the amount to which Plaintiff is entitled to which time the further hearing of this cause is continued.
T.J.M. Hawkins and M.L. Abernathy Plaintiffs
vs Civil Action by Attachment
Robert N. Sims Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the Court that the Defendant had been notified by publication as the Law directs and having failed to plead, answer or demur to Plaintiff's petition, the Court doth consider that the Plaintiff ought to have judgment against said Defendant by default but it not appearing what amount of debt or damages Plaintiff is entitled to recover. It is considered by the Court that Plaintiff ought to have Judgment against said Defendant by default and it not appearing to the Court what amount of debt or damage Plaintiff is entitled to recover it is ordered that an Enquiry be had at the next time of this Court to ascertain the amount to which Plaintiff is entitled to which time this cause is continued.
p 149.
Marcus S. Abernathy Plaintiff
vs Civil Action by Attachment
Robt N. Sims
Now at this day comes the Plaintiff by Attorney and it appearing that the Defendant had been duly notified by publication as the Law directs, and having failed to plead,
(continued)
19
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860.
p 149-continued
answer or demur to Plaintiff's petition. It is considered by the Court that Plaintiff ought to have Judgment by default, but it not appearing to the Court what amount Plaintiff is entitled to recover, it is ordered that an enquiry be had at the next term of this Court to ascertain the amount to which plaintiff is entitled to which time this cause is continued.
p 150.
Thomas H. Tiller Plaintiff
vs Civil Action
Robert N. Sims Defendant
Now at this day comes the Plaintiff by attorney and it appearing that the Defendant had been duly notified by publication as the Law directs, and having failed to plead, answer or demur to Plaintiff's petition. It is considered by the Court that Plaintiff ought to have Judgment by default for the amount of debt and damage due on said note and that unless good cause is shown to the contrary on or before the third day of the next term of this Court that the same be made final to which time this cause is continued.
Samuel Hawkins Plaintiff
vs Civil Action
Benjamin W. Cannefax Defendant
Now at this day comes the parties by attorneys and being ready for trial thereupon comes a Jury, viz R.C. Graves, J.S. Jones, H.R. Jarratt, J,F. Brown, E. Compton, W.A. Campbell, G.T. Shirly, G.T. Brown, W.H. Roper, B.H. Brown, H.F. Fellows and D.R. Riggs, twelve good and lawful men who being duly elected and sworn to try this issue joined, having heard the evidence and heard the instructions of the Court, upon their oath say , "We the Jury find the issues for the Plaintiff and assess his damage at $117.13." It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said damage as aforesaid and also his costs laid out and expended and he have an execution therefor.
p 150.
S.S. Vinton & W.C. Hornbeak Plaintiffs
vs Civil Action
John Breedlove Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that Defendant had been duly served with process and having failed to plead, answer 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 Defendant is indebted to Plaintiff in the sum of $195.19 debt and $12.09 damage. It is therefore considered by the Court that Plaintiff have and recover of Defendant his said debt and damage as aforesaid and also his cost laid out and expended and that he have execution therefor.
p 151.
McElhaney, McDaniel and Saunders Plaintiffs
vs Civil Action
D.M. Bedell Defendant
Now at this day comes Henry Matlock who is known to the Court as the Sheriff of Greene County and the identical person whose name is subscribed to an instrument of writing purported to be a Sheriff's Deed to William I. NcDaniel for the following described
(continued)
20
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
p 151-continued
real estate viz S 1/2 NE 1/4 and N 1/2 SE 1/4 of Section 21 Township 31 Range 21, sold by virtue of an execution in the above entitled cause and the said Henry Matlock acknowledged that he executed and delivered the same as his voluntary act and deed for the uses and purposes therein contained.
Rebecca Payne et al
vs Petition for Partition
Daniel Payne et al
Now at this day comes Henry Matlock, Sheriff, and by leave of Court files his report of sale and proceedings in the above entitled cause and also a bill of cost fees and expenses attending the same viz-
Clerk's fees -- $7.75
Printer's fees -- 3.50
J.W. Payne attorney's fee
none charged.
Sheriff's commission on $4020 -- 50.30
Which report and bill of costs is by the Court approved and allowed.
P.J. Dodds et al
vs Petition for Partition
Michael Garroutte et al
Now at this day comes Henry Matlock, Sheriff of Greene County and files his report of sale of land and also a bill of costs and expenses attending the same in the above entitled cause viz
Clerk's fees $15.97
Attorneys fee on $2980 84.80 (S. Orr)
Sheriff's commission 49.80
Printer's fee 3.50
Which said report and bill of costs is by the Court examined and in all things approved.
p 152.
William R. Ingram et al
vs Petition for Partition
Thomas B. Payne et al
Now at this day comes Henry Matlock, Sheriff of Greene County and files his report of sale of land and also a bill of costs and expenses attending the same in the above entitled cause viz
Clerk's fee $ -- 8.35
Commission fees $2 each -- 6.00
Attorney fee on $8734 -- 157.39 (Price and Foster)
Sheriff's commission -- 97.34
Printer's fee -- 3.00
Which said report is by the Court examined and in all things approved.
p 153.
William Davidson Plaintiff
vs Civil Action
Samuel Moore Defendant
Now at this day comes the parties by attorney and having announced themselves ready for trial thereupon comes a Jury viz S.J. Whitlock, C.K. Ford, M. Murray, L.H. Freeman, B.F. Shockley, Thomas Tiller, James Maxwill, P.C. King, Joseph Gossage, W.J. Perkins, T.J. Ingram and F. Palmer, twelve good and lawful men who being elected, tried and
(continued)
21
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
p 153-continued
sworn, having heard the evidence, thereupon came the Plaintiff and says he will take a non-suit with leave to move to Set the same aside whereupon the said Jury is by the Court discharged and it is considered and adjudged by the Court that the Plaintiff have nothing by his suit and that Defendant have and recover of and from said Plaintiff his costs laid out and expended and that he have execution thereon.
William Davidson Plaintiff
vs Civil Action
Samuel Moore Defendant
Now at this day comes the Plaintiff and by leave of Court files his motion to set aside the non-suit taken in this cause and grant a new trial which motion is by the Court overruled.
p 154. Friday 17 August 1860.
Elijah Gray Plaintiff
vs Civil Action
Fendal C. Cason Defendant
Now at this day comes the Pleader J.F. Hornbeak by attorney and by leave of Court files his appeal bond which is by the Court approved and an appeal granted to the Supreme Court and also files his Bill of Exceptions in this cause.
William Byers Plaintiff
vs Civil Action
John Butterfield Defendant
Now at this day comes the Plaintiff by attorney and says he will abandon this cause in this Court and files his bill of exceptions and affidavit asking an appeal to Supreme Court and also files his appeal bond and an appeal is granted to the Supreme Court
p 155.
Alfred Nosman et al
vs Petition for Partition
Delinda Craig et al
Now at this day comes Henry Matlock who is known to the Court to be the Sheriff of Greene County and the person whose name is subscribed to an instrument of writng purported to be a Sheriff's Deed to Alfred Hosman and Franklin T. Frazier to the following described real estate, viz: NE 1/4 of and NW 1/4 NE 1/4 and SE 1/4 NW 1/4 and SW 1/4 NE 1/4 Section 16 and NE 1/4 NW 1/4 and SE 1/4 NW 1/4 Section 21 Township 30 Range 24 Greene County, Missouri, sold by order of this Court for partition in the above entitled cause and the said Henry Matlock acknowledged that he executed and delivered the same as his voluntary act and deed for the uses and purposes therein contained.
Charles Beardslee
Reuben Beardslee
Phinias Beardslee Plaintiffs
vs Civil Action by Attachment
James M, Morgan Defendant
Now at this day comes the Plaintiffs by their attorney and it appearing to the Court that the Defendant had been duly served with process and the said cause of action remaining wholly unanswered and the petition of Plaintiff being founded on an instrument of writing signed by said Defendant and the amount ascertained thereby the Court doth find from an examination of the same and the evidence adduced that the facts alledged in
(continued)
22
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
August term 1860
p 155-continued-
the Plaintiff's petition are true and that the Defendant is indebted to Plaintiffs in the sum of $740.03 debt and $6l.4l damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from Defendant his said debt and damage and costs of suit and that he have an execution. And it is further ordered and adjudged by the Court that the Sheriff of Greene County make distribution of the proceeds of the sale of the property sold by order of this court and pay to Plaintiff the pro rata share of the same.
p 155/156.
H. & R.B. Whittmore and Co Plaintiff
vs Civil Action by Attachment
James M. Morgan Defendant
Now at this day comes the Plaintiffs by their attorney and it appearing to the Court that the Defendant had been duly served with process and the said cause of action remaining wholly unanswered and the petition of Plaintiffs being founded on an Instrument of Writing signed by said Defendant and the amount ascertained thereby, the Court do find that the facts alledged in Plaintiffs' petition are true and that Defendant is indebted to Plaintiffs in the sum of $240.87 debt and $21.07 damage. It is therefore considered by the Court that the Plaintiffs have and recover of and from Defendant his said debt and damage and costs of suit and that be have an execution. And it is further ordered and adjudged by the Court that the Sheriff of Greene County make distribution of the proceeds of the sale of the property sold by order of this Court and pay to Plaintiff the pro rata share of the same.
p 156.
Charles B. Fallenstein &
Charles & William Gauss Plaintiffs
vs Civil Action by Attachment
James M. Morgan Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendant had been duly served with process and the petition of Plaintiff remaining wholly unanswered and the cause of action 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 and the evidence adduced that the facts alledged in Plaintiff's petition are true and that the Defendant is indebted to Plaintiffs in the sum of $485.54 debt and also $40.46 damage. It is therefore considered by the Court that the Plaintiffs have and recover of and from Defendant his said debt and damage and costs of suit and that he have an execution. And it is further ordered and adjudged by the Court that the Sheriff of Greene County make dist ribution of the-proceeds of the sale of the property sold by order of this Court and pay to Plaintiff the pro rata share of the same.
p 157/158.
Elijah Gray Plaintiff
vs Civil Action For Decree
Fendal C. Cason Defendant
Now at this day this cause coming on for a final hearing the Court doth find from the evidence that an interlocutory decree was taken against the Defendant in this cause at the last term that at the August term 1859 it appeared to the satisfaction of the Court was a non-resident of this State and that ordinary process of Law could not be served upon him. It was therefore considered by the Court that publication be made in
(continued)
23
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
August Term 1860
p 157/158-continued
the weekly SPRINGFIELD MIRROR, a newspaper printed and published in this State four successive weeks before the next term of this Court notifying the said Defendant to be and appear before the Judge of the Greene County Circuit Court on the first day of the next term to begin and be holden at the Court House in Springfield, Missouri, on the first day of August 1859 and plead answer or demur to Plaintiff's petition or that the same would be taken as confessed, That said publication was made in the said newspaper the first insertion being in number fiftyone of volume four of date 23rd of April 1859, the second insertion being in number fiftytwo of volume four of date thirtieth day of April 1859. The third insertion being in number one of volume five of date seventh of May 1859. The fourth insertion being in number two of volume five of date May 14th 1859. The last insertion being four weeks before the first Monday in August 1859. That on the 22nd March 1842 Defendant being the owner in fee simple of the NE 1/4 of the SW 1/4 of Section 36 Township 30 Range 22 situate in the County of Greene in State of Missouri, sold said land to Plaintiff for a valuable consideration then and there in hand paid by Plaintiff to Defendant. That in consideration of said sale and payment Defendant undertook to convey said land to Plaintiff by Deed of date 25th March 1842 but by mistake described the land as the NW 1/4 of SW 1/4 of Section 36 Township 30 Range 22, when in fact it should have been and was intended to be by Defendant in making said Deed and plaintiff accepting said Deed as the NE 1/4 of the SW 1/4 of Section 36 Township 30 Range 22. The Court further finds from the evidence that the Plaintiff paid the Defendant for the NE 1/4 of the SW 1/4 of Section 36 Township 30 Range 22 and that in consideration of said payment Defendant delivered to the Plaintiff the possession of said NE 1/4 of the SW 1/4 of Section 36 Township 30 Range 22. It is therefore considered adjudged and decreed by the Court that the said conveyance made said Defendant to said Plaintiff so far as it re_____ the NW 1/4 of the SW 1/4 of Section 36 Township 30 Range 22 be cancelled annulled and held for nought and that all the right title interest and claim that the said Defendant Fendal C. Cason had of in and to the said the NE 1/4 of the SW 1/4 of Section 36 Township 30 Range 22 at the time of making and delivering said Deed of conveyance to said Plaintiff be and the same is hereby vested in the said Plaintiff Elijah Gray his heirs and assigns the same as if the same had been conveyed as intended by said parties contracting when the said and of conveyance was made and it is further added that said Defendant pay all costs accruing in this cause and that execution issue therefor.
AUGUST TERM 1860 In Vacation November 1860.
p 159.
Sheppard and Kimbrough, a firm
composed of John S. Kimbrough
and Henry Sheppard Plaintiffs
vs Civil Action by Attachment
Caleb N. Headlee Defendant
Now at this day it appears to the undersigned clerk in vacation that the said Plaintiffs had heretofore filed their petition in this cause the object of which was to obtain a Judgment by Attachment against said Defendant. And it also appearing that Defendant is a non-resident of the State of Missouri. It is therefore ordered by the Clerk in vacation that publication be made in the SPRINGFIELD ADVERTISER, a weekly newspaper printed in said State for four successive weeks the last insertion to be made at least four weeks before the first day of the next term of this Court notifying said Defendant to be and appear before the Judge of the Greene Circuit Court on the first day of the Next term thereof which commences at the Court House in Springfield, Greene County, Missouri on the fourth Monday in January 1861 and plead, answer or demur to Plaintiff's (continued)
24
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
In Vacation November 1860 Continued
Petition or the same will be taken as confessed and a Judgment rendered against him and his property sold to satisfy the same.
J.W.D.L.F. Mack, Clerk.
END OF AUGUST 1860 TERM.
25
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