Springfield-Greene
County LibraryAugust Term 1863
Book F
p 131 Saturday August 15, 1S63.
Court met pursuant to adjournment. Present as on yesterday.
James M. Thompson admin of
estate of John B. Johnson Plaintiff
vs Civil Action
W.D. Hendricks, Mercer
Moody & James F. Brown, Garnishee Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants Mercer Moody and William D. Hendrick had been served with notice by publication in the Springfield Missourian, a newspaper published in the State of Missouri, for four weeks successively, the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money signed by Defendants and the amount ascertained thereby. The Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $205.84 debt and also $67.18 for his damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt, costs and damage. And it appearing further from the answer of James F. Brown garnishee in this cause that he has sufficient money in his hands belonging to the Defendant Mercer Moody to satisfy the debt, damage and costs in this behalf. It is further ordered by the Court that Plaintiff have and that Judgment be rendered against said garnishee James F. Brown for the sum of $205.84 debt and also $67.18 damage as well as costs in this behalf laid out and expended and execution may issue therefor and that the garnishee be allowed $9 for his costs in answering the interrogations in this cause and this judgment bear 10% interest.
p 132.
Polly W. Steele vs John W. Steele -- Divorce previously extracted.
Logan and Morton, a firm doing
business, composed of William
B. Logan and John Morton Plaintiffs
vs Civil Action
David Jarratt Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly served with process at least fifteen days before the first day of the present term of this Court and having failed to plead answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money signed by defendent and the amount ascertained whereby the Court doth find from an examination of the same that the Defendant is indebted to Plaintiffs in the sum of $58.99 debt and also $15.33 for damage. It is therefore considered by the Court that Plaintiffs have and recover from the Defendant their said debt and damages as well as costs in this behalf laid out and expended and that execution may issue therefor and this Judgment bear 10% interest per annum.
p 133.
Christopher O. Kidd Plaintiff
vs Civil Action
Alfred M. Julian Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been served with process at least 15 days before the first day of the present term of this Court and having failed to plead, answer or demur
(continued)
1
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 132 (cont.)
to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money signed by Defendant and the amount ascertained whereby the Court doth find from an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $625 debt and $99.08 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damages as well as costs in this behalf laid out and expended and that execution may issue therefor and this judgment bear 10% interest per annum.
p 133.
Holland and Bigbee, a firm doing
business, composed of John L.
Holland & Archer F. Bigbee Plaintiffs
vs Civil Action
Thomas M. Bailey Defendant
Now at thisday comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been served with process at least 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to the Plaintiff's petition the same is taken as confessed and this action being founded on two promissory notes signed by Defendant and the amount ascertained there by, the Court doth find on an examination of the same that Defendant is indebted to Plaintiffs in the sum of $334.50 debt and also $99.52 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damages as well as costs in this behalf laid out and expended and that execution may issue therefor and this judgment bear 10% interest per annum.
p 133/134.
John S. Holland Plaintiff
vs Civil Action
Joshua M. Bailey Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been served with process at least 15 days before the first day of the present terin of this Court and having failed to plead, answer or demur to the Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by the Defendant and the amount ascertained thereby the Court doth find on an examination of the same that Defendant is indebted to the Plaintiff in the sum of $58.30 debt and also $21.72 damage.It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damages as well as costs in this behalf laid out and expended and that execution may issue therefor and this judgment bear 10% interest per annum.
p 134.
William B. Logan Plaintiff
vs Civil Action
David Jarratt Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been served with process at least 15 days before the first day of the present term of this court and having failed to plead, answer or demur to the Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note and the amount thereby ascertained. The Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $89.12 debt and $32.06 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damages as well as costs in this behalf laid out and expended and that execution may issue therefor and this judgment bear 10% interest per annum.
2.
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 134.
William B. Logan & John Morton
a firm doing business under the
style of Logan and Morton Plaintiffs
vs Civil Action
G.W. Graves Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been served with process at least 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to the Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendant and the amount ascertained thereby. The Court doth find from an examination of the same that the Defendant is indebted to Plaintiffs in the sum of $59.94 debt and $12.58 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damages as well as costs in this behalf laid out and expended that execution may issue therefor and this judgment bear 10% interest per annum.
p 135.
McClelland Pye & Co., a firm
composed of Matthew V. McClelland
& William R. Pye & Richard M. Scruggs Plaintiffs
vs Civil Action
John A. Miller & Co., a firm
composed of John A.Miller &
James S. Jones Defendants
Now at this day comes the Plaintiffs by attorney and dismisses this suit as to James S. Jones and it appearing to the satisfaction of the Court that the Defendant John A. Miller had been served with process at least 15 days before the first day of the present term of this Court and having failed to plead answer or demur to Plaintiff's petition, the same is taken as confessed and this action beinf founded on a promissory note and the amount thereby ascertained. The Court doth find on an examination of the same that the Defendant is indebted to Plaintiffs in the sum of $198.71 debt and $43.69 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damages as well as costs in this behalf laid out and expended and that execution may issue therefor and this judgment bear 10% interest per annum.
James Atkinson & Benjamin Acock Plaintiffs
vs Civil Action
Robert N. Jones, Joseph J. Weaver
& John Lair Defendants
Now at this day comes the Plaintiffs by attorney and dismisses this suit as to Richard M. Jones and John Lair and it appearing to the satisfaction of the Court that the Defendant, Joseph J. Weaver, had been served with process more than 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendant and the amount ascertained, whereby the Court doth find on an examination of the same that Defendant is indebted to Plaintiffs in the sum of $2100 debt and $725.66 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damages as well as costs in this behalf laid out and expended and that execution may issue therefor and this judgment bear 10% interest per annum.
3.
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F.
AUGUST TERM 1863
p 136.
James Atkinson & Benjamin F. Acock Plaintiffs
vs Civil Action
A.S. Adams & R.G. Abernathy Defendants
Now at this day comes the Plaintiffs by attorney and dismisses this suit as to Defendants R.G. Abernathy and J.N. Dysart and it appearing to the satisfaction of the Court that the Defendants A.S. Adams and Robert J. Sins had been served with process more than 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the saine is taken as confessed and this action being founded on a promissory note signed by Defendant and the amount ascertained, whereby the Court doth find on an examination of the same that Defendant is indebted to Plaintiffs in the sum of$883.83 debt and $147 damage.It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damages as well as c0sts in this behalf laid out and expended and that execution may issue therefor and this judgment bear 10% interest and that execution be stayed until the next regular term of this Court
Cooper B. Rountree Plaintiff
vs Civil Action
Wiley N. Horton & Lucius H. Rountree Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant, Rountree, had acknowledged service in this cause and the Defendant Horton had been duly notified of the commencement of the suit by publication in the Springfield Missourian, a newspaper published in Greene County, Missouri, for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition, the same is taken as confessed and this action being founded on a promissory note signed by Defendants, the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $200 debt and $29.68 damage.It is therefore considered by the Court that Plaintiff have a general judgment against Lucias A. Rountree for bis said debt and damages as well as costs in this behalf laid out and expended and execution issue therefor and that Plaintiff have a special judgment against the Defendant Wiley N. Horton for his said debt and damage and costs in this behalf laid out and expended and that a special fi fa issue against the following described real estate viz W 1/2 of NE 1/4 Section 27 except a space two rods wide beginning at the NE corner thence with the section West so rods to enclose the creek. And NW 1/4 of Section 29, except 40 acres on SW corner so laid out as to secure the said Wiley M. Horton the improvements now under fence TWP 27 Range 22 levied on by attachment as the property of Wiley M. Horton and all or so much thereof as is necessary be sold to satisfy said execution.
p 137.
Henry J. Rose Plaintiff
vs Civil Action
Joseph Morris, S.R. Larason
and James P. Gray Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to S.R. Larason and it appearing to the satisfaction of the Court that the Defendants, Morris and Gray, had been served with process at least fifteen days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition, the same is taken as confessed and this action being founded on a promissory note signed by Defendants the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $300 debt and also $75 damage.It is therefore considered by the Court that Plaintiff have and
(continued)
4.
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F.
AUGUST TERM 1863
p 137 (continued)
recover of and from Defendants his said debt and damage as well as costs in this be half laid out and expended and that execution may issue therefor and this judgment bear 10% interest per annum.
P 138. August 15, 1863.
Joseph J. Weaver & John Wallis Plaintiffs
vs Civil Action
Charles Carlton Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition, the same is taken as confessed and this action being founded on a promissory note signed by the Defendant and the amount ascertained whereby the Court doth find on an examination of the same that Defendant is indebted to the Plaintiff in the sum of $360 debt and also $69.40 damage. It is therefore considered by the Court that the Plaintiffs have and recover of and from Defendants their said debt and damage as well as their costs in this behalf laid out and expended and that execution may issue therefor and this judgment bear interest at the rate of 10% per annum till paid and that a special fi fa issue against the following described real estate attached as the property of Charles Carlton, viz: E 1/2 SW 1/4 Sect. 1 TWP 29 Range 23 W 1/2 SW 1/4 Sect. 5 TWF 29 Range 22 E 1/2 Lots 1 and 2 SW fcl 5 TWP 29 Range 22 W 1/2 and Lot 2 NW fcl 5 TWF 29 Range 22, Lot Mo. 83 in the City of Springfield, Missouri, also, beginning at the SE corner of W 1/2 SE 1/4 Sect 23 TWP 29 Range 22 thence West 58 poles thence 4l 1/2 degrees East 88 poles 8 links to the beginning and all or so much thereof as is necessary be sold to satisfy the same.
p 138/139.
Joseph J. Weaver Plaintiff
vs Civil Action
Charles Carlton Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified ofthe commencement of this suit by publication in the Springfield Journal, a newspaper published in the State of Missouri, for four seeks successively the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendant. The Court do find from an examina ion of the same that Defendant is indebted to Plaintiff in the sum of $140 debt and also $26.91 damage. It is therefore considered by the Court that Plaintiff have and recover from the Defendant his said debt and damage as well as costs in this behalf laid out and expended and that a special fi fa against the following described real estate, viz: E 1/2 Lot No 1 NW fcl Sect 1 TWP 29 Range 23 W 1/2 SW 1/4 Sect 5 TWP 29 Range 72 E 1/2 Lots 1 and 2 NW fcl 1/4 Sect 5 TWP 29 Range 22 Lot Mo. 83 in City of Springfield, Missouri, also beginning at the SE corner of W 1/2 of SE 1/4 Sect 23 TWP 29 Range 22 thence West 58 poles thence North 4l 1/2 degrees East 88 poles thence South 66 poles and 8 links to the beginning levied on by attachment as the property of Charles Carlton and all or so much thereof as is necessary be sold to satisfy the same.
p 139.
Bank of State of Missouri Plaintiff
vs Civil Action
William Hendrick, Elisha Headlee as
admin of Estate of Sterling Gilmore
(continued)
5
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 139 (continued)
deceased, George W. Hancock and
Charles A. Haden Defendants
Now at this day comes the Plaintiff by attorney and dismisses this cause as to George W. Hancock and it appearing to the satisfaction of the Court that the other Defendants have been served with process at least 15 days before the first day of the present term of this Court and the Defendant, Charles Haden, having demurred to Plaintiff's petition and the same being by the Court overruled and he having failed to furher plead and the Defendant William Hendrick failing to plead answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a negotiable promissory note signed by Defendants and the amount ascertained thereby the Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $2000 debt and also $283.67 for his damage.It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants Hendrick and Haden and Elisha Headlee as administration aforesaid his said debtand damage as well as his costs in this behalf laid out and expended and that execution issue therefor against William Hendrick and Charles A. Haden.
p 140 Motions continuances.
p 141.
Robert J. McElhaney Plaintiff
vs Civil Action
Leonidas A. Campbell Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that on the 10 day of February 1863 Eli G. Paris as administration of the estate of John Young deceased obtained judgment against L.A. Campbell, Robert J. McElhaney, L.H. Roy for the sum of $3600 debt and also $939 damage, that Robert J. McElhaney paid off the balance of said execution after the real estate attached in this cause bad been sold and the proceeds credited on said execution which arnount was $4145.98 as well may fully appear by the Sheriff's return on said execution and it further appearing to the satisfaction of the Court that notice bad been given Defendant Leonidas A. Campbell that proceedings had been commenced in said Court to obtain judgment against him in favor of t he said Robert J. McElhaney as in such cases made and provided and the Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being to recover judgment for money paid by Plaintiff for Defendant as his security as above recited the Court doth find on examination that Defendant is indebted to Plaintiff in the sum of $4145.98 debt. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant Leonidas A. Campbell the said debt of $4145.98 for which execution may issue.
Samuel S. Vinton Plaintiff
vs Civil Action
John L. McFarland Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of this Court that the Defendant had been served with process at least 15 days before the first day of the present term of this Court and that having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendant and the amount ascertained thereby the Court doth find from and examination of the same that Defendant is indebted to Plaintiff in the sum of $50.16 debt and also $13.11 damage..It is therefore considered by the Court that the Plaintiff have and recover of and from Defendant his said debt and damageas well as costs in this behalf laid out and expended and that execution may issue therefor and this judgment bear 10% interest per annum.
6.
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 142.
Joseph Weaver & John Wallace,
doing business under the name
& style of Weaver & Wallace Plaintiffs
vs Civil Action
Smith W. Jessup & Henry Fulbright Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that the Defendant, Henry Fulbright, had been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in the State of Missouri and the Defendant, Smith W. Jessup, had been served with process at least 15 days before the first day of the present term of this Court.And having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendants this Court doth find on an examination of the same that Defendants are indebted to Plaintiffs in the sum of $100 debt and also $14.81 damage.It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendants their said debt and damage as well as costs in this behalf laid out and expended and a general execution against Smith W. Jessup and a special fi fa issued against the real estate attached in cause as Henry Fulbrights, viz:SW 1/4 Section 14 TWP 29 Range 22 and all or so much thereof as is necessary be sold to xatisfy said execution and costs and this judgment bear 10% interest per annum.
Andrew B. Matthews Plaintiff
vs Civil Action
Christian S. Bodenhamer Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in the State of Missouri and the Defendant, Christian S. Bodenhamer, had been served with process at least 15 days before the first day of the present term of this Court.And having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendants this Court doth find on an examination of the same that the Plaintiff have judgment interlocutory but it not appearing to the Court what amount the Plaintiff ought to have judgment for. It is ordered by the Court that Enquiry be had at the next term of this Court and the amount ascertained and this judgment made final unless cause to the contrary be shown to which time this cause is continued.
p 143.
Josiah Leedy & John S. Sharp Plaintiffs
vs Civil Action
John S. Kimbrough Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly served with process as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed. It is therefore considered by the Court that the Plaintiff have judgment interlocutory but it not appearing what amount Plaintiff ought to recover of Defendant. It is ordered that Enquiry be had at the next term of this Court and the amount ascertained when this Judgment will be made final unless cause to the contrary be shown and this cause is continued until next term.
Bank of the State of Missouri Plaintiff
vs Civil Action
Henry Sheppard, Samuel J.
Whitlock & Samuel S. Vinton Defendants
(continued)
7
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 143 (cont)
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Samuel S. Vinton and it appearing to the satisfaction of the Court that the Defendants Whitlock and Sheppard had been served with process at least 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a Bill of Exchange signed by Defendants and the amount ascertained thereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $230 debt and also $37.80 damage.It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage as well as costs in this behalf laid out and expended and that execution may issue therefor and this judgment bear 10% interest per annum.
p 144.
Joseph S. Moss, curator of the
estate of S.M. Blakey, minor Plaintiff
vs Civil Action
Greene Austin & Lemuel H. Freeman Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant, Lemuel H. Freeman, had been notified of the commencement of this Suit by publication in the Springfield Missourian, a newspaper published in Greene County, Missouri, for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and the Defendant Austin by process at least 15 days before the first day of the present term of this Court and having failed to plead answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on two promissory notes signed by Defendants and the amount therefore ascertained.The Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $611.12 debt and also $247.44 damage.It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage as well as costs in this behalf laid out and expended and that execution may issue therefor and this judgment bear 10% interest per annum.
p 144/145.
Henry Matlock Plaintiff
vs Civil Action
Benjamin W. Cannefax &
Lucias A. Rountree Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been served with process at least 15 days before the first day of the present term of this court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on two promissory notes signed by Defendants the amount thereby ascertained the Court doth find from an examination of the same that Defendants are indebted to the Plaintiff in the sum of $3948 debt and also $1084.79 damage.It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment bear 10% interest per annum and it further appearing that on the 9th day of May 1963 an attachment issued from the office of the Clerk of the Circuit Court of Greene County, Missouri, and directed to the Sheriff of said County which was by him returned on the 9th day of May 1863 executed by levying on the following described real estate, viz: W 1/2 Sect 34 & NE 1/4 and E 1/2 SE1/4 and E 1/2 NW 1/4 of Sect 33 & SE SW Sect 28 & N 1/2 of SE & E 1/4 SW Sect 32 and E 1/2 NE Sect 31 all in TWP 29 Range 22. And NE 1/4 & E 1/2 of NW & N 1/2 of SW Sect 34 & NE NW & SE NE Sect 21 TWP 28 Range 22. Also E 12 SE 1/4 Sect 36 & E 1/2 SE Sect 25 & E1/2 NE Sect 25 all in TWP 29 flange 24, also N 1/2 SE Sect 32
(cont)
8
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 144/145(cont)
and SE of SE Sect 30 & SW of SW Sect 30 all in TWP 29 Range 22.Also, NE of NW Sect 5 TWP 28 Range 22 also W 1/2 NE 1/4 and W 1/2 SW 1/4 Sect 35 TWP 29 Range 22 & W 1/2 of SE of Sect 17 TWP 28 Range 22 & W 1/2 of SE of Sect 17 TWP 28 Range 22 levied on as the property of Benjamin W. Cannefax and all or so much thereof as is necessary be sold to satisfy said execution.
p 145.
Henry Matlock Plaintiff
vs Decree
Samuel Fulbright and
Benjamin W. Cannefax Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant Samuel Fulbright had been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively, the last insertion at least 4 weeks before the first day of the present term of this Court and the Defendant Benjamin W. Cannefax having been served with process at least 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendants and the amount thereby ascertained the Court doth find on an examination of the same that the Defendants are indebted to Plaintiff in the sum of $1478 debt and also $445.86 damage.It is therefore considered by the Court that the Plaintiff have and recover of and from Defendants his said debt and damage as well as costs in this behalf laid out and expended and it further appearing to the satisfaction of the Court that on the 9th day of May 1863 a Writ of Attachment issued from the Clerks office of said County directed to the Sheriff then of which was by him returned on the 11th day of May 1863 executed by levying on the following described real estate, viz: W 1/2 Sect 34 & NW 1/4 & E 1/2 SE 1/4 & E 1/2 NW 1/4 Sect 33 & SE of SW 1/4 Sect 28 & N 1/2 SE & E 1/2 SW Sect 32 & E 1/2 NE Sect 31 TWP 29 Range 29 & NE & E 1/2 NW 1/4 & N 1/2 SW 1/4 & N 1/2 SW 1/4 Sect 3 & NW & SE NE Sect 21 TWP 28 Range 22 also E 1/2 SE 1/4 Sect 36 & E 1/2 SE & E 1/2 NE Sect 25 TWP 29 Range 24 also N 1/2 SE Sect 32 & SE SE Sect 30 & SW SW Sect 30 TWP 29 Range 22 also NE NW Sect 5 TWP 28 Range 22 NE 1/4 & W 1/2 SW Sect 35 TWP 29 Range 22 & W 1/2 W 1/2 SE Sect 17 TWP 28 Range 22 & E 1/2 NW & W 1/2 NE W 1/2 SE & W 1/2 of E 1/2 of SE 1/4 Sect 34 TWP 29 Range 22 also W 1/2 SE Sect 27 TWP 29 Range 22 except 33 acres off N end and all or so much thereof as is necessary be sold to satisfy said execution.
p 146.
John F. Wade, admin of the
estate of J.W.E. Rucker, dec'd Plaintiff
vs Civil Action
Mercer Moody & Lewis A.D. Crenshaw Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the court that the Defendant, Mercer Moody, had been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively, the last insertion at least four weeks before the first day of the present term of this Court and the Defendant, Lewis A.D. Crenshaw had been served with process at least fifteen days before the first day thereof and having failed to plead, answer or demur to Plaintiff's petitionthe same is taken as confessed and this action being founded on a promissory note for the direct payment of money signed by Defendants whereby the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $48.50 debt and also $9.70 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said debt and damage .A general judgment as to
(continued)
9
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 146 (continued)
Lewis A.D. Crenshaw and a special Judgment against the real estate of Defendant Moody attached in this cause viz: SE SE & SE SW Sect 25 TWP 28 Range 23 and E 1/2 NW & NW Sect 2 TWP 27 Range 23 and all or so much thereof as is necessary be sold to satisfy said execution.
p 147.
Elisha Headlee, public Administration
of Greene County having in charge the
estate of Robert H. Dickson, Dec'd Plaintiff
vs Civil Action
James S. Jones & Nicholas F. Jones Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendants the Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $200 debt and also $48.43 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage as well as costs in this behalf laid out and expended and that execution may issue therefor and this judgment bear 10% interest per annum.
William McAdams & Hervey Massey Plaintiffs
vs Civil Action
A.C. Bradley Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that the Defendant had been served with process at least 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same Is taken as confessed and this action being founded on a promissory note signed by Defendants the Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $62.79 debt and also $18.31 damage.It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage as well as costs in this behalf laid out and expended and that execution may issue therefor and this judgment bear 10% interest per annum.
Ordered by the Court that the Grand Jury adjourn till 30th September 1863.
p 148.
Thomas J. Bailey Plaintiff
vs Civil Action
Nicholas F. Jones & George M. Jones Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been notified of tbe commencement of this suit by publication in the Springfield Missourian a newspaper published in the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendants the Court doth find from an examination of the same that the Defendants are indebted to Plaintiff in the sum of $146.62 debt and also $50.30 damage.It is therefore considered by the Court that the Plaintiff
(continued)
10
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 148 (continued)
have and recover of and from the Defendants his said debt and damage as well as costs in this behalf laid out and expended and it further appearing that on the 29th day of January 1863 an attachment issued from the Clerk's office against said Defendants directed to the Sheriff of Greene County, Missouri, and was by him returned on 29 January 1863 executed by levying on the following described real estate viz Lot No 5 Block No 2 Kimbrough's 2nd addition to Springfield, Mo., also on 5th day of August 1863 on Lots No 3 & 4 Block No 2 Kimbrough 2nd addition to Springfield, Mo. It is therefore considered by the Court that a special fi fa issue against said real estate and all or so much t hereof as is necessary be sold to satisfy said execution.
Elisha Headlee Plaintiff
vs Civil Action
David B. Freeman & Nancy M. Freeman Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly notified by publication in the Springfield Journal as the Law directs and having failed to plead, answer or demur to Plaintiffs Petition the same is taken as confessed.It is therefore considered by the Court that Plaintiff have judgment interlocutory and that Enquiry be had at the next term of this Court and tbe amount ascertained and unless cause to the contrary be shown this judgment will be made final and this action being for the foreclosure of a mortgage on real estate in Plaintiff's petition described and unless Defendants show cause to thecontrary on or before the 3rd day of the next term of this Court the Equity of Redemption in said land will be foreclosed and the same sold to satisfy said mortgage debt.
p 149.
Bank of the State of Missouri Plaintiff
vs Civil Action
William H. Henslee as administrator
estate Jabez Owen, Abner Hamblin
and Ripley B. Weaver Defendants
Now at this day comes the Defendant W. H. Henslee by attorney and withdraws his demurer in this cause and Plaintiff appears by attorney and by leave of Court dismisses this suit as to W.H. Henslee and Ripley B. Weaver and it appearing to the satisfaction of the Court that theDefendant Abner Hamblin had been served with process more than fifteen days before the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a Bill of Exchange and signed by Defendant the Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $300 debt and also $50 damage.It is therefore considered by the Court that Plaintiff have and recover of and from Defendant her said debtand damage as well as costs in this behalf laid out and expended and that execution may issue therefor.
p 150.
Bank of State of Missouri Plaintiff
vs Civil Action
Meredith N. Carter, William B.
Edwards & Richard B. Owen Defendants
Now at this day comes the Defendant Owen by attorney and withdraws his demurer in this cause and the Plaintiff also appearing by attorney dismisses this cause as to Richard B. Owen and it appearing to the satisfaction of the Court that Defendant Carter had been duly notified by publication in the Springfield Missourian, a newspaper published in the State of Missouri for four weeks successively the last insertion at least four
(continued)
11
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 150. (cont)
weeks before the first day of the present term of this Court and the Defendant Edwards had been served with process at least 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a bill of exchange the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $350 debt and $55.21 damage.It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage as well as costs in this behalf laid out and expended and execution issue therefor, and have a general execution against the Defendant William B. Edwards and a special judgment as to Meredith N. Carter and that a special fi fa issue against the following described real estate, viz: SE 1/4 Sect 11 TWP 28 Range 23 and SE 1/4 SW 1/4 Sect 12 TWF 28 Range 23 and S 1/2 SW 1/4 Sect 13 TWP 28 Range 23 levied on by attachment as the property of the Defendant Carter and all or so much thereof as is necessary be sold to satisfy the same.
Bank of the State of Missouri Plaintiff
vs Civil Action
John Dixon, William F. Haden
& William Stewart Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to William Stewart and it appearing to the satisfaction of the Court that the Defendants Dixon and Haden had been duly served with process as the Law directs and having failed to plead, answer or demur to Plaintiff's petition, the same is taken as confessed and this action being founded on a bill of exchange and the amount ascertained the Court doth find on an examination of the same that the Defendants are indebted to the Plaintiff in the surn of $400 debt and also $61 damage.It is therefore considered by the Court that the Plaintiff have and recover of and from Defendants her said debt and damage as well as costs in this behalf laid out and expended and that a special fi fa issue against the following described real estate as John Dixon's, viz NW of SW Sect 1 TWP 27 Range 22 W 1/2 Lots 1 and two NW Sect 1 TWP 27 Range 23 & SW SW Sect I TWP 28 Range 23 pt SE & NW SE Sect 35 TWP 2S Range 23 E 1/2 NE Sect 1 and NW NW Sect 35 TWP 27 Range 23 also NW 1/2 NW Sect 30 and SW 1/4 Sect 19 TWF 27 Range 23 levied on as the property of said Defendants and all or so much thereof as is necessary be sold to satisfy said execution.
p 151. August 15, 1S63.
Bank of State of Missouri Plaintiff
vs Civil Action
Alfred M. Julian, John
Lair, John H. Miller Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to John Lair and it appearing to the satisfaction of the Court that the Defendants Julian and Miller had been served with process as the Law directs at least 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendants the Court doth find from an examinationof the same that Defendants are indebted to Plaintiff in the sum of $l000 debt and also $150.83 damage.It is therefore considered by the Court that the Plaintiff have and recover of and from Defendants her said debt and damage as well as costs in this behalf laid out and expended and that execution may issue therefor.
12
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 151.
Bank of the State of Missouri Plaintiff
vs Civil Action
James S. Jones, John A. Miller, Evans
Morgan & Co., a firm composed of William
Evans, Thomas B. Morgan &
Eber Compton Defendants
Now at this day comes the Plaintiff by attorney and dismisses suit as to Defendants Evans Morgan & Compton and it appearing to the satisfaction of the Court that the Defendant James S. Jones had been duly notified by publication in the Springfield Missourian, a newspaper published in the State of Missouri, for four weeks success ively the last insertion at least four weeks before the first day of the present term of this Court and the Defendant Miller had been served with process fifteen days be fore the first day of the present term of this Court and having failed to plead, answer or demur to Plaintif's petition the same is taken as confessed and this action being founded on a Bill of Exchange signed by Defendants the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $1000 debt and also $167.50 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants her said debt and damages as well as costs in this behalf laid out and expended that Plaintiff a general judgment and execution as to Defendant Miller and a special fi fa issue against the real estate attached in this cause, viz: W 1/2 NE & N 1/2 Lot 1 NW Sect 7 TWP 30 Range 28 and all of Sect 17 TWP 30 Range 28 levied on as the property of James S. Jones situate in Dade County, Missouri, all or so much thereof as is necessary be sold to satisfy the same.
p 152.
Bank of State of Missouri Plaintiff
vs Civil Action
Gabriel N. Freeman, James Coleman
Gardner, William A. Appleby & John
S. Appleby admin W.B. Freeman Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Gabriel M. Freeman and James C. Gardner and it appearing to the satisfaction of the Court that the other Defendants had been served with process at least 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action beinf founded on a promissory note signed by Defendants testator William B. Freeman dec'd. The Court doth find frorn an examination of the same that Defendants as administrator and afore said are indebted to Plaintiff in the sum of $180 debt and also $23.28 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants her said debt and damage as well as costs in this behalf laid out and expended.
Bank of State of Missouri Plaintiff
vs Civil Action
Marshall C. Murray, William S. Murray,
John R. Earnest & John K. Murray Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this suit as to Defendants M.C. Murray and William S. Murray and it appearing to the satisfaction of the Court that the other Defendant had been served with process as the Law directs at least 15 days before the first day of the present term of this Court and having failed to plead answer or demur to Plaintiff's petition the same is taken as confessed. And this action being founded on a Bill of Exchange, the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of S300 debt also $49.25 damage. It is therefore considered by the Court
(continued)
13
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 152 (cont)
that Plaintiff have and recover of and from the Defendants her said debt and damage as well as costs in this behalf laid out and expended.
Bank of State of Missouri Plaintiff
vs Civil Action
Marshall C. Murray, William S.
Murray, John R. Earnest and
John K. Murray Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this suit as to Defendants M.C. Murray and William S. Murray and it appearing to the satisfaction of the Court that the other Defendant had been served with process as the Law directs at least 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed.And this action being founded on a Bill of Exchange, the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $300 debt and also $49.25 damage.It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants her said debt and damage as well as costs in this behalf laid out and expended.
p 153.
Bank of the State of Missouri Plaintiff
vs Civil Action
James S. Jones, William G. Evans,
John A. Miller Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Defendants Jones and Evans and it appearing to the satisfaction of the Court that the Defendant Miller had been served with process at least 15 days before tbe first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition, the same is taken as confessed and this action being founded on a Bill of Exchange signed by Defendant the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $400 debt and also S62.93 damage.It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants her said debt and damage as well as costs in this behalf laid out and expended.
Bank of State of Missouri Plaintiff
vs Civil Action
Wiley B. Roper, J.T. Abernathy,
G.A. Spellman & John Dixon Defendants
Now at this day comes the Plaintiff by attorney and dismisses this cause as to Defendant Spellman and it appearing to the satisfaction of the Court that the other Defendants had been duly notified by publication in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a Bill of Exchange the Court doth find froni an examination of the same that the Defendants are indebted to Plaintiff in the sum of $180 debt and also $27.27 damage.It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants her said debt and damage as well as costs in this behalf laid out and expended and have a special fi fa against the following described real estate attached in this cause NW 1/4 of NE Sect 4 TWF 28 Range 23 and all or so much thereof as is necessary be sold to satisfy the same.
p 154.
Bank of State of Missouri Plaintiff
vs Civil Action
(continued)
14
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 154 (continued)
Nathan Robinson, John A. Miller,
Christian S. Bodenhamer Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants, Robinson and Miller, had been served with process at least 15 days before the first day of the present term of this Court and the Defendant Rodenhamer had been notified as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action having been founded on a promissory note signed by Defendants, the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $500 debt and also $66.75 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants her said debt and damage as well as costs in this behalf laid out and expended and that Plaintiff have a general judgment and execution against the Defendants Robinson and Miller and special fi fa against the following described real estate, viz W 1/2 NE & SE & W 1/2 SW & SE SW & SW SW & S 1/2 NE SW & S 1/2 NW SE Sect 10 & W 1/2 NE Sect 15 & NW SE Sect 12 & SW SE Sect 14 & pt SW NW Sect 28 & SW SE S 1/2 NW of SE Sect 1 TWF 34 Range 23 levied on by Sheriff of Polk County as the property of Defendant Bodenhamer and all or so much thereof as is necessary be sold to satisfy said execution.
Bank of State of Missouri Plaintiff
vs Civil Action
A.L. Galbraith, F.F. Waterson,
Hugh H. Cunningham & John Price Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Defendant Cunningham and Price and it appearing to the satisfaction of the Court that the other Defendants had been served with processat least 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition, the same is taken as confessed and this action being founded on a Bill of Exchange signed by Defendants, the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $200 debt and $30.50 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants her said debt and damage as well as costs in this behalf laid out and expended and execution may issue therefor.
p 155.
Bank of State of Missouri Plaintiff
vs Civil Action
James K. Murray, James Murray,
A.D. Murray, William L. Murray Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to James K. Murray, A.D. Murray and William L. Murray and it appearing to the satisfaction of the Court that the Defendant James Murray had been duly notified of the commencement of this suit by publication in the Springfield Missourian, a newspaper published in the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money signed by Defendants the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $600 debt and also $82.70 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant her said debt and damage as well as costs in this behalf laid out and expended and that a special execu ion issue on the following described real estate viz W 1/2 SW 1/4 NE SW & NW NW & SE SE Section 29 TWP 30 Range 23 NW NE & NE 1/4 Sect 32 TWP 30 Range 23 attached as the property of said Defendant and all or so much thereof as is necessary be sold to satisfy said execution.
15
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