Springfield-Greene
County LibraryAugust Term 1863
Book F
p 176.
Bank of the State of Missouri Plaintiff
vs Civil Action
Samuel Fulbright, M.H. Coker,
Daniel N. Fulbright & David L. Fuibright Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Defendants Coker and Daniel N. Fulbright and it appearing to the satisfaction of the Court that the Defendant, Samuel Fulbright, had been notified by publication in the Springfield Journal, a newspaper published in the State of Missouri for four successive weeks, the last insertion at least four weeks before the first day of the present term of this court, and the Defendant David N. Fulbright 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 the Defendants, 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 $291.33 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 that Plaintiff have a general judgment and execution against Defendant, David L. Fulbright, and a special fi fa issue against the following described real estate, viz: E 1/2 NW 1/4 & W 1/2 NW 1/4 Section 34 TWP 29 Range 22, also 9 shares in the Bank of the State of Missouri attached at the commencement of this suit as the property of Defendant, Samuel Fulbright, and all or so much thereof as is necessary be sold to satisfy the same.
p 176.
Bank of the State of Missouri Plaintiff
vs Civil Action
Joseph Burden, Alfred M.
Julian & Wade H. Burden 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 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 $600 debt and also $92 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 for which execution may issue.
p 177.
Bank of the State of Missouri Plaintiff
vs Civil Action
John Lair, J. Whitlock and William W. Lair Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant, John Lair, had been 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 the other Defendants 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 from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $1900 debt and also $240 damage.It is therefore considered by the Court that Plaintiff have and recover of and from Defendants her said debt and
(continued)
31
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 177 (continued)
and damage as well as costs in this behalf laid out and expended and that Plaintiff have a general judgment and execution against Defendants, William W. Lair and Whitlock and a special execution issue against the following described real estate, Viz: Lot 1 SW fcl 1/4 Section 31 Township 31 Range 21 and SE NW and NE NW Section 22 and SE SW and NE SW Section 10 Township 29 Range 22 and SE SE & SW SE & NE SE & NW SE Section 6 and SE SE & SW SE Section 21 Township 29 Range 21, also, beginning at SW corner J.S. Phelps Lot on St. Louis Street, thence West to J.B. Clark's Lot, thence to an alley, thence East with said alley to the Cumberland Presbyterian Church, thence South to beginning, also 10 shares in the Bank of the State of Missouri, attached at the commencement of this suit as the property of Defendant John Lair and all or so much thereof as is necessary be sold to satisfy the same.
p 177/178.
Bank of the State of Missouri Plaintiff
vs Civil Action
Peyton Nowlin, John Dixon
and Benjamin CannefaxDefendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been 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 signed by Defendants the Court doth find from an examination of the same that Defendants are indebted to the Plaintiff in the sum of $2900 debt and also $442.25 damages. 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 a special fi fa issue against the following described real estate, viz: NE 1/4 Section 21 pt E 1/4 Lot 1 NE Section 6 and pt W 1/2 Lot 2 NW Section 5 and pt E 1/2 Lot 2 NW Section 5 and pt N 1/2 NW Section 5 & pt Lot I NW Sect 7 & W 1/2 NE Section 7 pt SE NW Section 17 & pt SE NW Section 32 & E 1/2 SE Section 31 & SW SE Section 31 TWP 28 Range 22 & NW SW & W 1/2 Lots 1 & 2 NW & E 1/2 NE Section 1 TWP 27 Range 23 & SW SW Section 36TWP 28 Range 23& NW NW Section 39 TWP 27 Range 23 & pt SE & NW SE Section 35 TWP 28 Range 23 attached at the commencement of this suit by the Sheriff Christian County, Missouri, as the property of Defendants Dixon and Nowlin also E 1/2 NE Section 6 & NE NW Section 5 & E 1/2 NW Section 3 TWP 28 Range 22 & E 1/2 NE Section 31 & NW 1/4 & E 1/2 SE Section 33 & W 1/2 SW 1/4 Sect 34 & W 1/2 SE Section 32 SE SE Section 30 & SW SW Section 30 and SE SW Section 28 & W 1/2 SE Section 34 & NE Section 33 all in TWP 29 Range 22, attached at the commencement of this suit as the property of Defendant Cannefax by the Sheriff of Greene County, Mo., also NE SE of SE Section 19 & NW NW & SE NW & SW NE & NE NW Section 23 & SE SW & SW SW Section 14 and NE NE Section 22 all in TWP 97 Range 26 attached at the commencement of this suit by the Sheriff of CaIdwell County, Mo., as the property of Defendant Nowlin and all or so much thereof as is necessary be sold to satisfy said execution.
p 178/179.
Bank of the State of Missouri Plaintiff
vs Civil Action
John Lair, William W. Lair
and Alfred M. Julian Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant John Lair had been 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 weeks before the first day of the
(continued)
32
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 178/179 (continued)
present term of this Court and the other Defendants had been served with process as the law directs and having failed to plead, answer or demur to Plaintiff's petition the sarne is taken as confessed and this action being founded on a promissory note signed by the Defendants the Court doth find from an examination of the same that Defendants are indebted to the Plaintiff in the sum of $2027 debt and also $288.53 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 the Plaintiff have a general judgment and execution against Defendants William W. Lair and Alfred Jul ian and a special fi fa against the following real estate, viz: NE fcl Sect 6 TWP 29 Range 21 and E 1/2 NW Section 22 TWP 29 Range 22 SW SE & SE SE Section 21 TWP 29 Range 21. Also, beginning at the SW corner of J.S. Phillips Lot on St. Louis Street, thence West to J.B. Clark's Lot, thence North to an alley, thence East with said alley to the Cumberland Presbyterian Church, thence South to the beginning, also, 10 shares in the Bank of the State of Missouri attached at the commencement of this suit as the property of Defendant, John Lair, and all or so much thereof as is necessary be sold to satisfy said execution.
Bank of the State of Missouri Plaintiff
vs Civil Action
William S. Norfleet, Jacob
Shultz & James Norfleet Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Defendant James Norfleet and it appearing to the satisfaction of the Court that the Defendant Jacob Shultz had been 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 the other Defendant having 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 from an examination of the same that the Defendants are indebted to Plaintiff in the sum of $750 debt and also $98.63 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 the Plaintiff have a general judgment and execution against Defendant Norfleet and a special fi fa issue against the following described real estate, viz: W 1/2 Section 35 & E 1/2 NE & E 1/2 E 1/2 SE 3/4 Section 34 TWP 29 Range 22, also beginning at the SW corner of SW 1/4 Section 26, thence East 160 poles, thence North 60, thence West 80 poles, thence South 120 poles to beginning, containing 9 acres, also beginning at the SE corner of Section 27, thence West 80 poles, thence W 120 poles, thence East 180 poles, thence South 120 poles to the beginning. Also, 40 acres lying in the SW corner of the North West 1/2 of Section 27 so laid off as to leave all the improvements on said 1/4 all in Township 29 Range 22 attached at the commencement of this suit as the property of Defendant Shultz and all or so much thereof as is necessary be sold to satisfy said execution.
p 180.
Bank of the State of Missouri Plaintiff
vs Civil Action
William C. Price, John H. Price
and Marcus Boyd Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Defendant John H. Price and it appearing to the satisfaction of the Court that the Defendant William C. Price had been notified by publication in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks successively, before the first
(continued)
33
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 180 (cont)
day of the present term of this Court and the Defendant, Marcus Boyd, 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, to foreclose the Equity of Redemption in the following described real estate, viz: Lots 1-2-3-4 in Block 2 in Price addition to the town of Springfield, being a portion of W1/2 NE 1/4 and of the E 1/2 NW 1/4 of Section 24 TWP 29 Range 22.It is therefore considered and adjudged by the Court that Plaintiff have judgment interlocutory for the sum of $3250 debt and also $509.17 damage, and that unless the Defendants appear on or before the 6th day of the next term of this Court and show cause to the contrary this judgment will be made final and the Equity of Redemption in said mortgage be foreclosed.
Morris M. McCluer and a firm
composed of Morris M. McCluer,
Rufus McCluer & John McCluer Plaintiffs
vs Civil Action
F.A. Cole 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 fifteen days before the first day of this 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 doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $50.57 debt and also $8.33 damage.It is therefore considered by the Court that Plaintiffs have and recover of and from Defendants their said debt and damage as well as costs in this behalf laid out and expended for which execution may issue.
p 181.
Charles Sheppard & Joseph B. Kimbrough Plaintiffs
vs Civil Action
Ralph G. Abernathy Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that the Defendant bad been notified by publication 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 promissory note signed by Defendant, the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $213.10 debt and also $15.08 damage.It is therefore considered by the Court that Plaintiffs have and recover of and from Defendants their 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.
p 181.
Robert J. McElhaney &
Clement Jaggard Plaintiffs
vs Civil Action
William H. Blakey & Samuel Keganice Defendants
Now at this day comes the Plaintiff and dismisses this suit as to Defendant Keganice and it appearing to the satisfaction of the Court that the Defendant Blakey had been served with process at least 15 days before the first day of the present 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 an account herewith filed but it not appearing to the Court what amount is due Plaintiffs.It is considered and adjudged by the
(continued)
34
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 181 (cont)
Court that Plaintiffs have judgment interlocutory against the Defendant and that Enquiry be had at the next term of this Court when this judgment will be made final unless cause to the contrary be shown.
p 182.
Charles Sheppard, Joseph B.
Kimbrough & Edward L. Weaver Plaintiffs
vs Civil Action
John Lair Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been notified by publication and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on an account herewith filed, the Court finds that Defendant is indebted to Plaintiffs but it not appearing what amount due Plaintiffs is.It is considered and adjudged by the Court that Plaintiffs have judgment interlocurory and that Enquiry be had at the next term of this Court when this judgment will be made final unless cause to the contrary be shown at which time this cause is continued.
Charles Sheppard, Joseph B.
Kimbrough & Edward L. Weaver Plaintiffs
vs Civil Action
Robert G. Abernathy Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that the Defendant had been 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 beforethe 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 four promissory notes signed by Defendant, the Court doth find from an examination of the same that the Defendant is indebted to Plaintiffs in the sum of $118.55 debt and also $5.90 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant 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.
p 182/183
William A. Campbell Plaintiff
vs Civil Action
John H. Miller Defendant
Now at this day comes the Plaintiff 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 Defendant the Court doth find from an examination of the same that Defendant is indebted to the Plaintiff in the sum of $124.31 debt and also $25.80 damage.It is therefore considered by the Court that Plaintiff have and recover of and from Defendant said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment be ar 10% interest per annum.
p 183.
James W. Peacher Plaintiff
vs Civil Action
Henry Tony Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction
(continued)
35
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 183 (cont)
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.It is therefore considered by the Court that Plaintiff have judgment interlocutory but it not appearing to the Court what amount Plaintiff ought to recover.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 which time this cause is continued.
Henry Sheppard and John S. Kimbrough Plaintiffs
vs Civil Action
John Lair Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been 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. It is therefore considered and adjudged by the Court that Plaintiffs have judgment interlocutory and that Enquiry be had at the next termof this Court and the amount ascertained when this judgment will be made final unless cause to the contrary be shown at which time this cause is continued.
p 184.
Enoch Jessup Plaintiff
vs Civil Action
Eli Jessup & William N. Jessup 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 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 promissory notes 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 also $51.23 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 and that a special fi fa issue against the following described real estate, viz: E 1/2 NW 1/4 & NE 1/4 except 20 acres off of the E 1/2 of said Section 18 TWP 28 Range 20 attached at the commencement of this suit as the property of Defendants and all or so much thereof as is necessary be sold to satisfy said execution and this judgment bear 10% interest per annum.
Bedford M. Henslee & Jasper Clark Plaintiffs
vs Civil Action
Shelton A. McKinney, Jesse S.
McKenney & Bedford W. McKenney Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that the Defendants had been 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 promissory note signed by Defendants the Court doth find from an examination of the same that the Defendants are indebted to the Plaintiffs in the sum of $300 debt and also $48.08 damage.It is therefore considered by the Court that the Plaintiffs have and recover of and from (continued)
36
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 184/185 continued.
Defendants their 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, viz: W 1/2 NE 1/4 & SE NW Section 26 & SW SW & E 1/2 NE Section & E 1/2 NW and SW NW Section 25 all in Township 28 Range 21 levied on as the property of said Defendants at the commencement of this suit and all or so much tilereof as is necessary be sold to satisfy said execution and this judgment bear 10% interest per annum.
p 185.
Eli T. Bray Plaintiff
vs Civil Action
James F. Abernathy & Graves A. Spellman 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 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 the Plaintiff in the sum of $158.75 debt and also $3.50 damage. It is therefore considered by the Court that the Plaintiff 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 that a special fi fa issue against the following described real estate, viz: NW NE Sect 4 TWP 28 Range 23 attached at the commencement of this suit as the property of Defendants and all or so much thereof as is necessary be sold to satisfy said execution and this judgment bear 10% interest per annum.
p 185/186.
Joseph Farrier Plaintiff
vs Civil Action
John Lair and Samuel H. 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 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 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 $2252.60 debt and also $703.95 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his 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, SW fcl 1/4 Section 31 Township 31 Range 21 NE SE Section 6 Township 28 Range 21 & W 1/2 NW 1/4 Section 12 Township 28 Range 22, SE NW Section 23 Township 28 Range 22 and E 1/2 NW Section 12 Township 28 Range 22, SE Section 21 Township 29 Range 22, NE Section 21 and W 1/2 NW 1/4 Section 22 Township 29 Range 22 & W 1/2 Lot 26 Block 7 City of Springfield and beginning 70 feet East of Lot No 14 on North boundary line of said Lot thence South through a black walnut tree to said Lair's Lot thence West 20 feet thence North to the boundary line of said Lot No 13 thence East to place of beginning and E 1/2 Lots 1 & 2 NE 1/2 SW & SE Section 5 Township 29 Range 21 SW SW Section 16 Township 30 Range 20 and S 1/2 of N 1/2 Lot 23 Block 5 City of Springfield, Missouri, attached at the commencement of this suit as the property of said Defendants and all or so much thereof as is necessary be sold to satisfy said execution and this judgment bear 10% interest.
37
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 186.
Thomas Tiller, administration rendentie of
estate of John Adams, deceased Plaintiff
vs Civil Action
Marcus Boyd & John H. Price Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Defendant Price and it appearing to the satisfaction of the Court that the Defendant Boyd had served with notice as the Law direct 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 Defendant is indebted to the Plaintiff in the sum of $440 debt and also $106.34 damage.It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment shall bear 10% interest per annum.
p 187.
Brigg G. Simms Plaintiff
vs Civil Action
Thomas Z. Simms Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court taht the Defendant 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 being 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 Defendant is indebted to Plaintiff in the sum of $253.95 debt and also $55.98 damage.It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and that a special fi fa issue against the following described real estate, viz: SE SW and W 1/2 SE 1/4 and part SE SE Section 36 Township 31 Range 21 attached at the commencement of this suit as the property of Defendant and all or so much thereof as is necessary be sold to satisfy said execution and this judgment bear 10% interest.
William B. Farmer 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 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 Defendant the Court doth find from an examination of the same that Defendant is indebtedto Plaintiff in the sum of $63.17 debt and also $16.28 damage.It is therefore considered by the Court that 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 for which execution may issue and this judgment shall be at 10% interest per annum.
38
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 188.
Charles Wadlow Plaintiff
vs Civil Action
Benjamin C. Hardin, David Snodgrass &
Morris R. Hardin Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Defendants Hardin and it appearing to the satisfaction of the Court that the Defendant Snodgrass had been served with process at least 15 days before the first day of 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 doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $300 debt and also $102.50 damage. It is therefore considered by the Court that 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 for which execution may issue and this judgment shall be at 10% interest per annum.
James G. Dollison & James C.
Franklin, Admin of estate of
James Dollison, deceased Plaintiffs
vs Civil Action
George L. Mitchell Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been 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 promissory note signed by Defendant the Court doth find from an examination of the same that Defendant is in debted to Plaintiff in the sum of $100 debt and also $36.95 damage. It is therefore considered by the Court that 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 for which execution may issue and this judgment shall be at 10% interest per annum.
p 189 August 15, 1863.
Now at this day comes Thomas A. Reed of Greene County, Missouri, into Open Court and acknowledges a Deed of the following described real estate situate in said County of Greene, viz: NW of NW 1/4 and SE 1/4 of NW 1/4 of Section 11 Township 28 Range 22 to Lewis A.D. Crenshaw, he the said Crenshaw being the purchaser of said land under two executions issued from the office of the Clerk of the Circuit Court of said County, one in favor of Washington Merrit and against James P. Gray, Thomas R. Bridges and W.H. Blakey, the other execution in favor of Thomas W. Chambers and against Joseph M. Carthel and M.H. Blakey.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, into Open Court and acknowledges the execution of a deed to Lewis A.D. Crenshaw to the following described real estate, viz: SE' 1/4 SE 1/4 Sect 2 TWP 28 Range 22 and NE 1/4 NE 1/4 Sect 10 TWP 28 Range 22, he the said Crenshaw being the highest bidder and purchaser of said real estate under an execution issued from the office of the Clerk of the Circuit Court of said County in favor of the Bank of the State of Missouri and against J.H. Miller, J.M. Carthel and W.H. Henslee.
39
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 189 August 15, 1863
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, into Open Court and acknowledges the execution of a Deed to Lewis A.D. Crenshaw to the following described real estate, viz: SE 1/4 SE 1/4 Section 2 Township 28 Range 22 and NE 1/4 NE 1/4 Section 10 Township 28 Range 22, he the said Crenshaw being the highest bidder and purchaser of said real estate under an execution issued from the Office of the Clerk of the Circuit Court of said County in favor of the Bank of the State of Missouri and against J.H. Miller, J.M. Carthel and W.W. Henslee.
North & Scott & Co. Plaintiff
vs Civil Action
G.A. Spellman and J.T. Abernathy
and William Cone Defendants
Now at this day comes Thomas A. Reed into Open Court and acknowledges executing a Deed to William P. Scott to the following described real estate, viz:NW 1/4 of NE 1/4 Section 4 Township 28 Range 23, said Scott being the highest bidder for same under two executions, one in favor of North and Scott and Company and the other in favor of William Cone and against G.A. Spellman and J.T. Abernathy.
p 190.
William B. Logan & John A. Morton Plaintiffs
vs Civil Action
John Lair 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 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 action is taken as confessed and this action being founded on a promissory note signed by Defendant the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $1585.44 debt and also $268.41 damage.It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant 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, viz:Lot No 1 SW fcl 1/4 Section 31 Township 31 Range 21 and SE NW and NE NW Section 22 SE SW and NE SW Section 10 Township 29 Range 22 and SE SE & SW SE Section 6 & NE SE Section 6 Township 29 Range 21 and SE SE & SW SE Section 21 Township 29 Range 21 also ten shares in the Bank of the State of Missouri attached at the commencement of this suit as the property of Defendant and all or so much thereof as is necessary be sold to satisfy said execution.
Eli T. Bray Plaintiff
vs Civil Action
Thomas Abernathy and Graves A. Spellman 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 as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the action is taken as confessed and this action being founded on a promissory note signed by Defendant the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $148.18 debt and also $41.53 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant 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 estateViz NW NE Section 4 TWP 28 Range 23 and all or so much as is necessary be sold to satisfy said execution.
40
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 191.
James G. Dollison &
James C. Franklin admin of
estate of James Dollison, dec'd. Plaintiffs
vs Civil Action
David Wilkerson Defendant
Now at this day comes the Plaintiffs and it appearing to the satisfaction of the Court that the Defendant cannot be summoned in this cause.It is therefore ordered by the Court that the Defendant be notified by publication of the commencement of this suit the object of which is to obtain judgment on a promissory note against Defendant dated May 21, 1859 and payable twelve months after date to James Dollison (now dec'd) for the sum of $100 with interest at 10% from date until paid, and unless he appears at the next term of the Court which will be held on the fourth Monday in January 1863 and on or before the sixth day thereof if the term shall so long continue, if not, then before the end of the term and plead, answer or demur to Plaintiff's petition, the same will be taken as confessed.It is therefore ordered further that this order be published in the State of Missouri for four weeks successively, the last insertion at least four weeks before the first day of the next term of this Court. M.J. Hubble Clerk.
p 191/192.
Alexander Evans & Mary Robberson
admin. on estate of Allen Robberson, Dec'd Plaintiffs
vs Civil Action
William R. Robberson Defendant
Now at this day comes the Plaintiffs and it appearing to the satisfaction of the Court that the Defendant cannot be summoned in this cause.It is therefore ordered by the Court that said Defendant be notified by publication that an action has been commenced against him in said Court by petition and attachment founded on a promissory note against Defendant dated 23rd day of September 1861 payable to Allen Robberson, now deceased, one day after date for the sum of $75 bearing 10% interest per annum, the amount for which Plaintiffs claim judgment after allowing all just credits and set offs is $85.50.Also, that his property has been attached and unless he appears at the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not, then before the end of said term judgment will be rendered against him and his property sold to satisfy the same.It is further ordered that this order be published in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion being at least four weeks before the first day of the next term of this Court.
p 192.
Jorden League Plaintiff
vs
William R. Hayes Defendant
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendant cannot be served in this cause. It is therefore ordered by the Court that said Defendant be notified by publication of the commencement of this suit the object of which is to obtain judgment on two promissory notes against Defendant, each dated November 13th 1860 payable to Plaintiff on or before the first day of September next for the sum of $76 bearing 10% interest from due until paid and unless he appears at the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the sixth day thereof if the term shall so long continue if not then before the end of the term and plead, answer or demur to Plaintiffs
(continued)
41
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 192 (continued)
petition, the same will be taken as confessed and it is ordered further that this order be published 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 next term of this Court.
p 193.
Bank of the State of Missouri Plaintiff
vs Civil Action
Hugh Boyd, John Thurman
and John Boyd Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendants cannot be summoned in this cause.It is therefore ordered by the Court that publication be made notifying said Defendants that suit had been commenced against them in said Court founded on a Bill of Exchange dated May 30th 1861 payable four months after date to the order of John Boyd at the Bank of Missouri at St. Louis for the sum of $150 with interest thereon from 30th September 1861 and also for $6 for damage for nonpayment of the same and that unless they appear at the next term of said Court which will be held on the fourth Monday in January 1864 and on or before the sixth day thereof if the term shall so long continue, if not, then before the end of the term and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against them and their property sold to satisfy the same.It is further ordered that this order be published in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion being at least four weeks before the first day of the next term of this Court.
p 194.
David D. Reynolds Plaintiff
vs Civil Action
Jefferson W. Rainey & Charles McCluer Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendants cannot be summoned in this cause.It is therefore ordered by the Court that publication be made notifying said Defendants that an action has been commenced against them by petition and attachment in said Court founded on three promissory notes all dated 26 July 1860 and payable to Plaintiff one day after date for the sum of $100 each with interest at 10% interest per annum.The amount for which Plaintiff claims judgment after allowing all just credits and setoffs is $386.22, that their property has been attached and u nless they appear at the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the third day thereof if the term shall so long continue if not then before the end of the term judgment will be rendered against them and their property sold to satisfy the same.It is therefore ordered that this order be published 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 next term of this Court.
p 194/195.
James R. Danforth, surviving admin
on estate of Jonah F. Danforth, dec'd Plaintiff
against Civil Action
George L. Mitchell, John L.
Turner and John Breedlove Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court
(continued)
42
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
P. 194/195 (continued)
that the Defendants cannot be summoned in this cause. It is therefore ordered by the Court that said Defendants be notified by publication of the commencement of this suit the object of which is to obtain judgment on a promissory note against Defendants dated January 1st 1859 payable twelve months after date to James R. and J.E. Danforth administrator on estate of Jonah F. Danforth for the sum of $1000 with 10% interest from date until paid and unless he appears at the next term of this Court which will be held on the fourth Monday in January 1864 and on or before the sixth day thereof if the term shall so long continue, if not then before the end of the term and plead answer or demur to Plaintiff's petition, the same will be taken as confessed. It is further ordered that this order be published 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 next term of this Court.
p. 195
Bank of the State of Missouri Plaintiff
vs Civil Action
J.T.Abernathy, Hugh Boyd
and John Boyd Defendants
Now at this day comes the Plaintiff and it appearing to the satisfaction of the Court that the Defendants Hugh Boyd and John Boyd cannot be summoned in this cause. It is therefore ordered by the Court that publication be made notifying said Defendants that an action has been commenced against them in this Court founded on a promissory note in the nature of a Bill of Exchange dated August first 1861 payable four months after date to the order of J.T.Abernathy at the Branch of the Bank of the State of Missouri at Springfield for the sum of $250 for which sum and interest thereon from first December 1861 and $10 damage for non-payment the Plaintill claims judgment and unless they appear at the next term of this Court which will be held on the 4th Monday in January 1864 and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against them and their property sold to satisfy the same. It is further ordered that this order be published in the Springfield Journal, a newspaper published in the State of Missouri for 4 weeks successively the last insertion at least 4 weks before the first day of the next term of this Court.
p. 196
Robert J. McElhaney, Clement Jaggard
& Horace Saunders Plaintiffs
vs Civil Action
Leonidas A. Campbell and Louis Campbell Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that the Defendants cannot be summoned in this cause. It is therefore ordered by the Court that publication be made notifying said Defendants that an action has been commenced against them in this Court founded on a promissory note for the sum of $448.04 dated March 21, 1861, payable one day after date bearing 10% interest and if interest not paid annually to become principal and bear same rate of interest as principal and unless they appear at the next term of this Court which will begin on the fourth Monday in January 1964 and on or before the 6th day thereof if the term shall so long continue if not then before the end of the term plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered accordingly. It is further ordered that this order be published in the Springfield Journal, a newspaper published in the State of Missouri for 4 weeks successively the last insertion at least 4 weeks before the first day of the next term of this Court.
43
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863.
p 197.
James F. Franklin and James G.Dollison
admins on estate of James Dollison, dec'd Plaintiffs
against Civil Action
Spencer B. Dickerson Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of this Court that Defendant cannot be summoned in this Cause. It is therefore ordered by the Court that publication be made notifying said Defendant that an action has been commenced againsthim by petition and attachment in said Court founded on a promissory note against Defendant dated 28th December 1858 and payable on or before 25th December 1859 to James Dollison (now deceased) for the sum of $175 bearing 10% interest from date untill paid.on the back of said note is a credit of $25 dated Novem ber 1st 1860, and one of $68.45 dated December 25th 1859. The amount for which the Plaintiff claims judgment after allowing all just credits and setoffs is $134.05. That his property is about to be attached and unless he appears at the next term of this Court which will be held on the 4th Monday in January 1864 and on or before the third day thereof if the term shall so long continue, if not, then before the end of the term and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. It is further ordered that this order be published in the Springfield Journal, a newspaper published in the State of Missouri for 4 weeks successively the last insert ion at least four weeks before the first day of the next term of this Court
p 197/198.
Martin J. Hubble Plaintiff
vs Decree
Benjamin W. Cannefax 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 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 Courtand having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and it further appearing to the satisfaction of the Court that on the 22nd day of May 1863 an attachment issued from the office of Clerk of the Circuit Court against Defendant Cannefax directed to the Sheriff of Greene County, Missouri, was by him levied upon the following described real estate, viz: W 1/2 Sect 34 & NE 1/4 & E 1/2 SE 1/4 & E 1/2 NW 1/4 of Sect 33 & SE SW Sect 28 & N 1/2 of SE & E 1/2 of SW Sect 32 & E 1/2 NE Sect 31 all in TWP 29 Range 22 W and NEk of E 1/2 NW 1/4 & N 1/2 of SW 1/4 Sect 3 & NE NW & SE NE of Sect 21 TWP 28 Range 22 also E 1/2 SE Sect 36 & E 1/2 Sect 25 & E 1/2 NE Sect 25 TWP 29 Range 24 N 1/2 SE Sect 3 & SE SE Sect 30 & SW SW Sect 30 TWP 29 Range 22 & NE NW Sect 5 TWF 28 Range 22 & W 1/2 NE & W 1/2 SW 1/4 Sect 35 TWP 29 Range 22 & W 1/2 SE of Sect 17 TWP 28 Range 22 also the following personal property viz: 1 piano forte and 1 negro girl name of Hanah age 14 and it appearing that said attachment was returned levied upon the real estate on the 22nd day of May 1863 from the personal property on the 25th July 1863 and this action being founded on an instrument of writing and the amount ascertained whereby the Court doth find from an examination of the same that Defendant is indebted to the Plaintiff in the sum of $327.02 debt and also $38.15 damage.It is therefore considered by the Court that 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 he have a special execution against the property heretofore attached and all or so much thereof as is necessary be sold to satisfy said execution.
44
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
AUGUST TERM 1863
p 198/199.
Henry King Plaintiff
vs Civil Action
John Jenkins, Elisha Headlee as public
administrator of Greene County, Mo.,
having in charge the estate of
James E. Hicks, deceased Defendants
Now at this day comes the respective parties in this cause by their attorneys and announce ready for trial and the parties waiving a Jury the trial is had before the Judge setting as a Jury and after hearing the testimony of the parties the Court doth find that the Plaintiff has been damaged by acts of the Defendant John Jenkins and by James E. Hicks the testor of the Defendant Elisha Headlee, Public Administrator of Greene County, Missouri, having in charge the estate of said James E. Hicks, deceased, in the sum of $175, and the Court further find that on the 7th day of July 1862 a Writ of Attachment issued out of the Clerk's office of the Circuit Court of Greene County, State of Missouri, directed to the Sheriff of Greene County, aforesaid which Writ was by said Sheriff returned executed on the 9th day of July 1862 by levying on the following real estate, viz: W 1/2 of SE 1/4 of Section 6 Township 30 Range 22 W and NW 1/4of NE 1/4 of Section 7 Township 30 Range 22 W and threefourths of W 1/2 of SW 1/4 of Section 12 said threequarters lying on South end of said quarter and threequarters of East 1/2 of SE 1/4 of Section 11 said threequarters lying on South end of said 1/4 all in Township 30 Range 23. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from the Defendant John Jenkins and Elisha Headlee public administrator of Greene County, Missouri, having in charge the estate of James E. Hicks, deceased, the sum of $175 and costs in this behalf laid out and expended and that he have an execution therefor against John Jenkins and a special fi fa against said land attached in this cause belonging to John Jenkins.
Ordered by the Court that Court adjourn until 30th day of September 1863 at which time an adjourned term will be held in continuation of the regular August Term.
John S. Waddill C J
45
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