Springfield-Greene
County LibraryIn Vacation
Book E
p. 490.
John McElhannon Plaintiff
vs Civil Action
Samuel R. Truesdale 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 in the Springfield Journal 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 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 $101.46 debt and $10.14 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 his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: NE 1/4 of SW 1/4 of SW 1/4 Sect 6 TWP 30 Range 24 and E 1/2 NW 1/4 and E 1/2 of SW 1/4 Sect 27 TWP 30 Range 24 and all or so much thereof as is necessary be sold to satisfy said execution.
p 491.
Reuben A.M. Rose Plaintiff
vs Civil Action
Enoch Harrington & John Steel &
John C.Gray Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Enoch Harrington and John Steel and it appearing to the satisfaction of the Court that Defendant had been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer, or demur to the Plaintiff's petition the same is taken as true and this action being founded on a promissory note signed by the Defendants and the amount ascertained whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $440 debt and $84.34 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 his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: NW 1/4 of NE 1/4 and N 4 of E 4 of NW of Sect 15 TWP 28 Range 23 and all or 50 much thereof as is necessary be sold to satisfy said execution.
Charles Sheppard,
Joseph B. Kimbrough,
Edward L. Weaver Plaintiffs
vs Civil Action
Wiley M. Horton Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant has been duly notified by publication in the Springfield Journal as the Law directs and having failed to plead, answer or demur to the Plainttiffs petition the same is taken as true and Plaintiff's petition 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 $115.74 debt and $10.61 damage. It is therefore considered by the Court that Plaintiffs have and recover of and from Defendant their said debt and damage as well as their costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: W 1/2 of NE 1/4 Sect 29 except a space
2 rods in width commencing at the NE corner and running with the Section West so far as to enclose the Creek and NW 1/4 of Sect 27except 40 acres on the SW corner to be laid out so as to secure the said Wiley M. Horton all the improvements now under fence TWP 29 Range 22 and all or so much thereof as is necessary be sold to pay said execution.
177
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
P 492.
Henry Sheppard &
John S. Kimbrough Plaintiffs
vs Civil Action
Spencer B. Dickerson &
David Wilkerson Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that Defendants had been duly notified by publication in the Springfield Journal as the Law directs and having failed to plead, answer or demur to the Plaintiffs petition the same is taken as true and the Plaintiff's petition being founded on a promissory note signed by the Defendants and the amount ascertained whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiffs in the sum of $158.25 debt and $14.57 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 their costs laid out and expended in this behalf and that a special fi fa issue against the following described Real Estate, viz beginning on Lewis Stephens' SE corner thence South with John W. and James R. Danforth's east boundary line 12 poles and 15 links to a stake, thence easterly 12 po1es and 15 links to Joseph Arnold's South boundary line, thence North to said Joseph Arnolds, thence W 12 poles and 15 links to beginning in Sect 24 TWP 29 Range 22 and all or so much thereof as is necessary be sold to pay said execution.
p 493.
William J. McDaniel Plaintiff
vs Civil Action
Nicholas F. Jones, George M. Jones,
James S. Jones Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to Plaintiffs petition the same is taken as true and this action being founded on a promissory note signed by the Defendants and the amount ascertained whereby the Court doth find on an examination of the same that Defendants owe and stand indebted to Plaintiff in the sum of $299.66 debt and $54.93 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said debt and damages as well as his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: Lot one in Kimbrough's First Addition to Springfield containing one hundred and twenty poles more or less beginning 1028 feet North of SW corner of E 1/2 NE 1/2 Sect 14 TWP 29 Range 22 running thence East 300 feet, thence South 210 feet, thence West 300 feet, thence North to beginning. Also beginning 1028 feet North and 30 feet East SW corner of E 1/2 of N 1/4 Sect 14 TWP 29 Range 22, thence North 190 feet, thence East 280 feet, thence South 190 feet thence to place of beginning West side of South Street and South of Lot No 68 of Block No 18 containing 1 1/2 acres North 1/2 Lot one and six in Kimbrough's 2nd Addition to Springfield and all or so much thereof as is necessary be sold to satisfy said execution.
Robert G. McQuigg Plaintiff
vs Civil Action
Robert G. Abernathy 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 by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to Plaintiffs petition the same is taken as true and this action being founded on a promissory note signed by the Defendant and the amount ascertained whereby the Court
(continued)
178
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 493 (continued)
doth find on an examination of the same that Defendant owes and stands indebted to Plaintiff in the sum of $486.67 debt and $105.43 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 his costs laid out and expended in this behalf and that a special fi fa issue against the following described Real Estate, viz: W 1/2 of SW 1/4 Sect 5 E 1/2 Lot
No 1 NE fcl 1/4 Sect 4 E 1/2 of SE 1/4 Sect 4 NE of NE 1/4 Sect 9, NW 1/4 of NE 1/4 NW 1/4 Sect 10 except
16 acres lying in SE corner said Section all in TWP 30 Range 21, and all or so much thereof as is necessary be sold to satisfy said execution.
p 494.
Thomas F. Layton
Fidelio S. Jones
Henry Sheppard &
John S. Kimbrough Plaintiffs
vs Civil Action
William D. Hendricks Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified as the Law directs by publication in the Springfield Journal 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 Plaintiffs in the sum of $80.82 debt and $15.49 damage. It is therefore considered by the Court that Plaintiffs have and recover of and from Defendant their said debt and damage as well as costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: Lot on West side of Corporate limits in Springfield beginning at SE corner of C.G. Kidd's Lot, thence South to A.C. Bradley's lot thence West along said Lot to Davis L. Fulbrights, thence North along said line to C.G. Kidd's SW corner thence East to beginning and all or so much thereof as is necessary be sold to satisfy said execution.
Reuben A.M. Rose Plaintiff
vs Civil Action
W.L. Carter Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to Plaintiffs petition the same is taken as true 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 owes and stands indebted to Plaintiff in the sum of $640 debt and $122.87 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 his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: SW 1/4 of SW 1/4 Section 25 TWP 28 Range 23
N 1/2 SW 1/4 and W 1/2 of NE 1/4 E 1/2 of NW 1/4 Sect 13 TWP 30 Range 23 and all or so much thereof as is necessary be sold to satis'fy said execution.
p 495.
Henry B. Elliott Plaintiff
vs Civil Action
James Norfleet Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction
(continued)
179
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 495 (continued)
of the Court that the Defendant had been notified by publication in the Springfield Journal 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 and the amount ascertained whereby the Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $78.50 debt and $9.87 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his debt and damage as well as his c0StS laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: one lot in Springfield bounded as follows on the East by the street running West of and parallel to Boonville Street and by lots of P.F. Denton on the South and of Allen Mitchell on the West and of W.A. Shackleford on the North containing 2 actes more or less and all or so much thereof as is necessary be sold to satisfy said execution.
Joseph Evans Plaintiff
vs Civil Action
William L. Murray Defendant
Now at this day come the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant 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 true and Plaintiffs petition being founded on a promissory note signed by Defendant 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 $489 debt and $77.42 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 his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: part of SW 1/4 and SW 1/4 of NE 1/4 and NW 1/4 of SE 1/4 Section 27 and NE 1/4 of NE 1/4 of Section 34 TWP 30 Range 23 and all or so much thereof as is necessary be sold to satisfy said execution.
p 496.
Archibald S. Adams Plaintiff
vs Civil Action
Robert G. Abernathy
Martin V. Abernathy
Daniel F. Abernathy Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the court that 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 true and Plaintiffs petition being founded on a promissory note signed by Defendants 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 $541 debt and $171.33 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 his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: W 1/2 of SW 1/4 Section 3 E 1/2 Lot one E fcl 1/4 and E 1/2 of
SE 1/4 of Section 4 TWP 29 Range 22 and all or so much thereof as is necessary be sold to satisfy said execution.
Charles L. Starke Plaintiff
vs Civil Action
A.P. Holcomb, R.M. Acton,
L. Enos & Samuel Thompson Defendants
continued)
180
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION DECEMBER 5th 1862
p 496 (continued)
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly notified by publication in the Springfield Missourian as the law directs and having failed to plead, answer or demur to Plaintiffs petition the same is taken as true and Plaintiffs petition being founded on a promissory note signed by Defendants the amount ascertained thereby. The Court doth find on an examination of the same that Defendants are indebted to the Plaintiff in the sum of $240 debt and $81 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 laid out and expended in this behalf and that a special fi fa issue against the following real estate, viz: one house and lot in the town of Springfield West of Booneville Street side of a lot owned by Charles Starke and being a portion of land on which the machine shop and foundry is situated also beginning about E and 20 N of NW corner of Section 24 TWP 29 Range 22 thence North' with East side of a street 154 feet then 10 feet East of same Section corner thence East 50 feet then South 8 feet then East 58 feet thence South 147 feet thence 110 feet to beginning. Also the following personal property one engine and boiler and a lot of machinery and all or So much thereof as is necessary be sold to satisfy said execution.
p 497.
Henry Paulsell Plaintiff
vs Civil Action
Amos H. Hood Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to Plaintiffs petition the same is taken as true and Plaintiffs petition being founded on a promissory note signed by 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 $47.50 debt and $16.34 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 laid out and expended in this behalf and that a special fi fa issue against the following real estate, Viz: W 1/2 of SE 1/4 of NE 1/4 of SE 1/4 and SE 1/4 of NE 1/4 of Section 11 TWP 28 Range 24 and SW 1/4 of NW 1/4 of Section 15 TWP 28 Range 23 and all or so much thereof as is necessary be sold to satisfy said execution.
Charles B. Owen Plaintiff
vs Civil Action
William J. Brown, Gideon T. Brown &
A. Don Brown Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to Plaintiffs petition the same is taken as true and this action being founded on a promissory note signed by Defendants and the amount ascertained whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $85.50 debt and $23.47 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 his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: beginning on Main South Street eastside in the City of Springfield, Greene County, Missouri, 24 feet South of Walnut Street when it crosses Main South Street block 17 thence 61 East 159 1/2 feet, thence North 61 thence West 159 1/2 feet to beginning being parts of lots 59 & 60 in City County and state aforesaid and all or so much thereof as is necessary be sold to satisfy said execution.
181
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 498.
Isaac N. Wilson Plaintiff
vs Civil Action
James Beeler Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to Plaintiffs petition the same is taken as true and Plaintiffs petition being founded on a promissory note signed by 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 $80.42 debt and $16.12 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 his costs laid out and expended in this behalf and that a special fi fa issue against the follow ing described real estate, viz: SE 1/4 of SE 1/4 and SE 1/4 of NE 1/4 and NE 1/4 of SE 1/4 Section 32 TWP 31 Range 23 and N 1/2 of SW 1/4 and SW 1/4 of NW 1/4 Sect 33 TWP 31 Range 23 and all or so much thereof as is necessary be sold to satisfy said execution.
William R. Robertson Plaintiff
vs Civil Action
R.G. Abernathy,
J.F. Abernathy Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to Plaintiff'spetition the same is taken as true and this action being founded on a promissory note signed by Defendants and the amount ascertained whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $563.70 debt and $84.55 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 his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: W 1/2 of SW 1/4 Section 3, E 1/2 Lot No 1 NE fcl 1/4 Sect 4, E 1/2 SE 1/4 Sect 4, NE 1/4 of NE 1/4 Sect 9, NE 1/4 of NW 1/4 of Sect 9, NW 1/4 of NE 1/4 Sect 9, NW 1/4 of Sect 10, except 16 acres lying in SE corner of Sect 10 TWP 30 Range 21, also lot in town of Little York owned by J.F. Abernathy and all or so much thereof as is necessary be sold to satisfy said execution.
p 499.
William D. Miller Plaintiff
vs Civil Action
Joseph L. Thompson &
Samuel H. Thompson Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to Plaintiffs petition the same is taken as true and this action being founded on a promissory note signed by Defendants and the amount ascertained whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $240 debt and $40 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 his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: NE 1/4 Section 35 Township 30 Range 24 owned by Joseph L. Thompson and all or so much thereof as is necessary be sold to satisfy said execution.
182
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 499.
William B. Farmer Plaintiff
vs Civil Action
Spencer B. Dickerson &
Franklin J. Abernathy Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to Plaintiffs' petition the same is taken as true and this action being founded on a promissory note signed by Defendants and the amount ascertained whereby the Court doth find on an examination of the same that Defendants are indebted to the Plaintiff in the sum of $52.50 debt and $1050 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 his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: Beginning at Lewis Stephens SE corner thence South with John W. and James R. Danforth's East boundary line 12 poles and 15 links to Joseph Arnold's South boundary line, thence North to said Joseph Arnold's line, thence West 12 poles and 15 links to the beginning being a part of Section 24 Township 29 Range 22 Beginning at the NE corner of a Lot owned by May Posten on Boonville Street in Springfield and thence North with said Street 60 1/2 feet, thence West 200 feet, thence South 60 1/2 feet, thence East 200 feet to beginning and all or 50 much therefore as necessary be sold to satisfy said execution.
p 500.
Homer F. Fellows Plaintiff
vs Civil Action
Ceolia R. Hughes &
James Hughes Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant has been duly served with process and this action being founded on a promissory note signed by Defendants and for securing the payment of which they had given a mortgage deed to the following described real estate, viz: E 1/2 of NW 1/4 and NW 1/4 of NW 1/4 of Sect 21 TWP 29 Range 23 and the amount of said note being ascertained whereby the Court doth find that Defendants are indebted to Plaintiff in the sum of $300 debt and $85 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants his said debt and damage as well as his costs laid out and expended in this behalf and the Equity of Redemption in the real estate aforesaid be foreclosed and that unless the Defendants appear on or before the 5th day of the next term of this Court and show cause to the contrary this judgment shall be made final.
Joseph B. Brown Plaintiff
vs Civil Action
John Lair & John S. Kimbrough Defendants
Now at this day comes the Plaintiff by attorney and dismisses suit as to Kimbrough and it appearing to the satisfaction of the Court that Defendant Lair has been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true 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 Plaintiff in the sum of $572 debt and $110.41 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 laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz:
(continued)
183
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 500 (cont)
Lots 4 & 5 in Kimbroughs Addition to Springfield, Mo., SE 1/4 of Sect 24 TWP 29 Range 22, NE 1/4 Sect 21 W 4 NW 1/4 Sect 22 except one acre reserved of South end of same 718 of E 4 of NW 1/4 Sect 22 all in TWP 29 Range 22 and Lots No 1 & 2 of NE fcl 1/4 Sect 6 TWP 29 Range 21 and all or so much thereof as is necessary be sold to satisfy said execution.
p 501.
Samuel S. Vinton Plaintiff
vs Civil Action
James M. Adams Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant has been duly notified as the Law directs and having failed to plead , answer or demur to Plaintiff's petition the same is taken as true 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 Plaintiff in the sum of $37.14 debt and $7.16 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 laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: E 1/2 of SE 1/4 and E 1/2 of NE 1/4 and SW 1/4 of SW 1/4 Section 7 Township 27 Range 21, also beginning at the NE corner of Mrs. Jane M. Adams Lot in Springfield, Mo., 30 poles and 15 links North of East Street, thence West 4 poles and 3 links, thence North 22 poles and 13 links, thence West 4 poles and 3 links, thence South to the place of beginning being Section line between Section 13 and 24 Township 29 Range 21 West and all or so much thereof as is necessary be sold to satisfy said execution.
Daniel Payne Plaintiff
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 has been duly notified as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true 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 the Plaintiff in the sum of $325 debt and $63.88 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 laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: Lots No 4 & 5 Kimbroughs Addition to City of Springfield, Greene County, Missouri, SE 1/4 Section 24 Township 29 Range 22, also Lot 13 & 14 all or so much thereof as is necessary be sold to satisfy said execution.
p 502.
Jacob Garrison Plaintiff
vs Civil Action
Joseph M. Carthell Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been served with process in the cause and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and this petition 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 Plaintiff in the sum of $820 debt and $168.60 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant
(continued)
184
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
P 502 (cont.)
his said debt and damage as well as his costs laid out and expended in this behalf and that execution issue therefor.
Brownberry Rookerd Plaintiff
vs Civil Action
James Beeler Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant has been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to Plaintiffs petition the same is taken as true and this petition 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 Plaintiff in the sum of $88 debt and $18 damage. It is theref'ore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage as well as his costs laid out and expended in this behalf and that a special fi fa issue against the following real estate, viz: SE of SE and SE of NE and NE of SE W 1/2 of SW and SW of NW Section 33 Township 31 Range 23 and all or so much thereof as is necessary be sold to satisfy said execution.
p 503.
James R. Danforth Plaintiff
vs Civil Action
N.F. & G.M. & James S. Jones Defendants
Now at this day comes the Plaintiff by attorney and on his motion files his additional bond and affidavit and it appearing to the satisfaction of the Court by publication in the Springfield Missourian 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 Defendants and the amount ascertained whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $250 debt and $65.07 damage. It is therefore considered by the Court that Plaintiff have and recover from Defendants his said debt and damage as well as his costs laid out and expended on this behalf and that a special fi fa issue against the following described real estate, viz: Lot 1 in Kimbroughs First Addition to Springfield, Mo., containing 120 poles, more or less. Lots No 50, 47 & 48 Block 12 Springfield, Mo., also commencing
1028 feet North of SW corner of E 1/2 NE 1/4 Sect 14 TWP 29 Range 22 , thence East 300 feet, thence South 210 feet, thence West 300 feet, thence North to the place of beginning, also, beginning 1028 feet North and 30 feet East of SW corner of E 1/2 of NE 1/4 Sect 14 TWP 29 Range 22, thence North 190 feet, thence East 280 feet,thence South 190 feet, thence West to the beginning, also, West side of South Street West of Lot No 68 of Block 18 containing 1 1/2 acres more or less, also, N 1/2 of Lots I & 6 in Kimbroughs 2nd Addition to Springfield, Mo., and also W 1/2 of NE and N 1/2 Lot 1 NW Sect 7 TWP 30 Range 28 and the whole of Section 17 TWP 30 Range 28, N 1/2 of NE and N 1/2 NW Section 20 TWP 30 Range 28, NE 1/4 of Section 26 TWP 30 Range 28 and all of Section 12 TWP 31 Range 29 and all or so much thereof as is necessary be sold to satisfy said execution.
John Dade Plaintiff
vs Civil Action
Thomas D. Wooten Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant has been duly notified by publication in Springfield Missourian, a newspaper published in Greene County, Missouri, at least 4 weeks, the last insertion at least 4 weeks before the commencement of this term and the Defendant
(continued)
185
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 503 (cont)
failing to plead, answer or demur to the Plaintiff's petition the same is taken as confessed and it not appearing what amount Plaintiff ought to recover an inquiry of damage is ordered to be had at the next term to which time this cause is continued.
p 504.
Samuel S.Vinton Plaintiff
vs Civil Action
John Lair Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that Defendant has been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to the Plaintiff's petition but makes default. It is therefore considered and adjudged by the Court that Plaintiff have judgment but it not appearing to the Court what the Plaintiff ought to recover of the Defendant. It is therefore ordered by the Court that inquiry be had at the next regular term of this Court and the amount ascertained and this cause is continued until next term.
James R. Danforth Plaintiff
vs Civil Action
John Lair Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that Defendant has been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to the Plaintiff's petition but makes default. It is therefore considered and adjudged by the Court that Plaintiff have judgment but it not appearing to the Court what the Plaintiff ought to recover of the Defendant. It is therefore ordered by the Court that inquiry be had at the next regular term of this Court and the amount ascertained and this cause is continued until next term.
p 505.
Jarred E. Smith Plaintiff
vs Civil Action
Samuel Orbison Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of t he Court that, the Defendant had been duly notified by publication in the Springfield Missourian as the Law directs and the Plaintiff's demand being founded on an open account and a mechanic's lien for work and labor done and materials furnished as a builder and artisan and the said Defendant wholly failing to plead, answer or demur to Plaintiff's petition the same is taken by the Court as true and the Court from an examination that the Plaintiff at the special instance and request of Defendant did perform the labor and furnish the materials mentioned in Plaintiff's petition on the following premises, viz: Lot No 16 in Josepb Gott's Addition to the City of Springfield, Greene County, Missouri. It is therefore considered and adjudged by the Court that Plaintiff have Judgment against Defendant but not appearing how much Plaintiff is entitled to recover of Defendant. It is ordered that a writ of inquiry issue returnable to the next term of this Court to asc,ertain the amount to which Plaintiff is entitled to which time this cause is continued.
p 505/506.
Christian Hoffman Plaintiff
vs Civil Action
J.W. Rainey, Jacob Garton &
W.D. Sparkman Defendants
(continued)
186
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 505/506 continued.
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that J.W. Rainey had been duly served with notice by publication and the Defendants, J. Garton and W.D. Sparkman, by ordinary process and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and the same 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 $226.26 debt and $42.42 damage. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendants his said debt and damage and cost of such, and it is further ordered by the Court that the acting Sheriff of Greene County pay the proceeds of the property attached and sold by order of this Court to the said Plaintiff and also that the following real estate, viz: E 1/2 of the SE 1/4 Sect 28 and the SE 1/4 of the SW 1/4 Sect 8 Township 27 Range 23 in Greene County, Missouri, be sold to satisfy the remainder due on said Judgment and that a special fi fa issue thereon.
p 506.
Melinda Apperson Plaintiff
vs Civil Action
Peter Apperson Defendant
Now at this day comes on this cause to be heard and the Plaintiff appearing by attorney and it appearing to the Court that Defendant had been duly notified as the Law directs and having failed to plead answer or demur to Plaintiff's petition same is taken as confessed and the Plaintiff having satisfied the Court of her good moral character and that she conducted herself as a dutiful wife and the Court doth find that she is the innocent party. Therefore it is adjudged and decreed by the Court that the Plaintiff be divorced from the bonds of matrimony heretofore contracted with the Defendant and restored to all the rights of a single person and that she have charge, care and custody of the minor children of the said marriage and all the property in her possession to maintain them and Defendant is permitted to marry again.
(See Divorces-Greene County - Final not found as not listed as "Divorce" in this entry)
p 506/507.
John L. Holland and A.C. Bigbee
The firm of Holland and Bigbee Plaintiffs
vs Civil Action
John Lair Defendant
Now at this day comes the Plaintiffs and files their petition founded on a Book Account against the Defendant for goods sold by Plaintiffs and delivered wherein the Plaintiffs claim Judgment for the sum of $113.53 and interest thereon from the months of January 1860, at which time the same was due; also his affidavit stating that the Defendant has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Court that the Defendant be notified by publication in the Springfield Missourian that an action has been commenced against him by petition and attachment in said Court, as above recited is about to be attached and unless he appears at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall so long continue, if not, then before the end of the term judgment will be rendered against him andhis property sold to satisfy the same.
187
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
P 507.
Frederick V. Goss Plaintiff
vs Civil Action
James B.F. Small Defendant
Now at this day comes the Plaintiff and it appearing from the return of the Coroner that the Defendant cannot be summoned in this cause. It is therefore ordered by the Court that the Defendant be notified by publication in the Springfield Missourian of the commencement of this suit, the object of which is to obtain judgment on a promissory note against the Defendant dated June 4th 1860 payable to the plaintiff on or before the 1st day of February, next, for the sum of $255 with interest at the rate of 10% from maturity. The Defendant is therefore required to appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 6th day thereof and answer to the petition or the same will be taken as confessed.
p 507/508.
In the Greene Circuit Court November Term 1862.
Martin J. Hubble, Nathan P. Murphy &
Higdon B. Jarrett Plaintiffs
vs Civil action to Foreclose Mortgage
Benjamin E. Thompson Defendant
Now at this day comes the Plaintiffs and it appearing that the Defendant is a non-resident of this State. It is ordered by the Court that the Defendant be notified by publication of the commencement of this suit the object of which is to obtain a judgement against Defendant on two promissory notes, one dated
December 14, 1859, for the sum of $85 payable 9 months after date to one William S. Hughes with interest from maturity at the rate of 10% per annum the other dated March 5, 1860, payable twelve months after date to William S. Hughes for the sum of $410 with interest at the rate of 10% per annum on which is endorsed a credit of $56 dated April 20th, 1860, said notes having since become the property of the Plaintiffs. Also, on a mortgage deed on certain real estate, viz: beginning at the SW corner of the SE 1/4 of SE 1/4 of Sect 23 TWP 29 Range 22, running thence East 20 poles, thence North 12 poles for a beginning point from thence running East 20 poles thence North 28 poles thence West 20 poles thence South 28 poles to the beginning containing 34 acres. For better securing the payment of said notes Plaintiffs ask that by judgment of the Court the Equity of Redemption in said real estate be foreclosed and the same sold to satisfy said notes and interest; and that unless the Defendant appears in this Court on or before the 6th day of this next term thereof which will be held on the 4th Monday in January 1863 and answer to the petition of the Plaintiff the same will be taken as confessed. It is further ordered that this order be published in the Springfield Missourian for four seeks successively, the last insertion to be at least 4 weeks before the first day of the next term of said Court.
p 508.
Ordered by the Court that Court adjourn until tomorrow morning 8 o'clock.
p 509.
Elizabeth F. Cosse Plaintiff
vs
Col Cnabb Defendant (Names scribbled hard to read)
Now at this day comes on this case to be heard and the Plaintiff appearing by her attorney and the Defendant by attorney and his own proper person and all and singular the premises being seen and fully understood by the Court. The Court doth find Judgment for Defendants.
188
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 509.
Ordered by the Court that Court adjourn until Monday Morning 9 o'clock.
December 8, 1862
Court met pursuant to adjournment present as before.
Elisha Headlee admin Plaintiff
vs
John D.L. Wiley,
Lewis F. Tatum,
W.L.B. Lay Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court files his petition in this cause.
p 510.
Thomas Potter Plaintiff
vs Civil Action
Richard M. Jones,
George W. Jones Defendants
Now at this day comes the Defendant by attorney and prays for the interlocutory judgment heretofore rendered in this cause be set aside which by consent of parties was done and by leave of Court the Defendant has leave to plea on or before the 2nd Monday in January 1863. This cause continued until next term of this Court.
John Potter Plaintiff
vs Civil Action
Richard M. Jones,
George W. Jones Defendants
Now at this day comes the Defendant by attorney and prays for the interlocutory judgment heretofore rendered in this cause be set aside which by consent of parties was done and by leave of Court the Defendant has leave to plea on or before the 2nd Monday in January 1863.
p 5l0/511.
Chapman W. Bodenhamer and
Jacob E. Bodenhamer admin of
Estate Jacob Bodenhamer Plaintiffs
vs Civil Action
William S. Norfleet & G.P. Shackleford Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant 5 had been duly notified by publication in the Springfield Journal as the Law directs and having failed to plead, answer or demur to Plaintiff's petition, the same is taken as true and this action being founded on a promissory note signed by Defendants and the amount ascertained whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiffs in the sum of $800 debt and $240 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 laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: W 1/2 of Lots 1 & 2 NW 1/4 Sect 4 TWP 29 Range 22 & E 1/2 of Lot 3
NW 1/4 Sect 4 TWP 29 Range 22 & SE 1/4 of Sect 18 & NE 1/4 and a part of NW 1/4 of Sect 19 & NW of NW Sect 24 TWP 29 Range 21 & Lots 5 & 6 & a part of Lots 4 Sect 1 TWP 29 Range 22 S 1/2 of Lots 5 & 6 of
NE 1/4 of Sect 2 TWP 29 Range 22 SE 1/4 of SE 1/4 Sect 25 TWP 30 Range 21 and all or so much thereof as is necessary be sold to satisfy said execution.
189
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
IN VACATION
p 511/512 Erroneous entry
p 513.
The Bank of the State of Missouri Plaintiff
vs Civil Action
John H. Miller, William H. Henslee,
Francis M. Fulbright,
Joseph M. Carthel Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated May 23rd 1861 payable four months after date at the Bank of Missouri, St. Louis, for the sum of $2000. Plaintiff claims judgment after allowing all just credits and set off for the amount of said Bill of Exchange with legal interest in the same from four months after the 23rd day of May 1861 with $80 damage for nonpayment of the same. The Plaintiff also files his affidavit stating that the Defendant, Francis M. Fulbright, has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of the said Court, in vacation, that publication be made in the Springfield Journal notifying said Defendant that suit has been commenced against him by petition and attachment in said Court as above recited; that his property is about to be attached and unless he appears at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall be so long a time, if not then before the end of the term Judgment will be rendered against him and his property sold to satisfy the same.
p 513/514.
The Bank of the State of Missouri Plaintiff
vs Civil Action
Thomas D. Wooten, Thomas Goodall,
Joshua M. Bailey Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated July 25th 1861 for the sum of $120 payable 4 months after date at the Branch of the Bank of State of Missouri at Springfield. The Plaintiffs claim Judgment after allowing all juSt credits and set offs for the amount of said Bill of Exchange with interest from 4 months after the 26th of July 1861; also, for $4.86 damage for nonpayment of the same. Plaintiff also files his affidavit stating that Thomas D. Wocten and Thomas Goodall have absented themselves from their usual place of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of the said Court, in vacation, that publication be made in the Springfield Journal notifying said Defendants that suit has been commenced against them by petition and attachment in said Court as above recited; that their property is about to be attached and unless they appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 3rd day thereof if the term shall be so long a time, if not then before the end of the term Judgment will be rendered against them and their property sold to satisfy the same.
M.J. Hubble, Clerk
by E.M. Hendrick D.C.
End of 1862 Court
Pages 515, 516, 517 left blank.
190
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