Springfield-Greene
County LibraryJanuary Term 1854
pp. 22-32
Be it remembered that a regular term of the Circuit Court began and held at the Court House in the town of Springfield on the ninth day of January A.D. 1854 were present:
The Honorable C.S. Yancey Circuit Judge
C.B. Burks Circuit Attorney
Thomas Potter Sheriff of Greene County
A.G. McCracken Clerk
Now at this day the sheriff returned into Court the following venira or pannel of Grand Jurors to wit: William Coyn, who was by the court appointed foreman (1) B.W. Hensley (2) Wiliam Harwood (3) F.T. Frazier (4) Allen Edmonson (5) James Hughes (6) Charles B. Ellis (7) David M. Johnson (8) Rufus Robertson (9) John T. Boals (10) Elisha W. Smart (11) A.H. Walker (12) Absalom Kittner (13) Jonathan Carthel (14) James W. Gray (15) John N. Ruyle (16) Samuel Hall (17) good and lawful men who being duly elected tried and sworn retire to consider of their presentments.
Now at this day comes Benjamin Potter et al vs Thadias Sharpenstein et al by their attorneys presented their petition to contest the validity of the will of the late John Adams, deceased.
Now at this day comes Joseph Sharp and presents herein his petition for a writ of adquod damnam, and all and singular the premises being seen and by the Court fully understood it is ordered that a Writ issure to the Sheriff
of Greene County commanding him to summon a Jury and make his return by the 185th inst.
Ordered by the court that W.A. McLain, B.H. Emerson and W.A. Alexander be permitted to sign the roll of attorneys.
104
State of Missouri Plaintiff
vs Indictment for Running Horse on the Public Highway
Friend Defendant
Now at this day comes the said Defendant in his own proper person as well as the Circuit Attorney who prosecutes for the State in this behalf, and that the saiad E. Friend because he will not contend with the State, says he is guilty in manner and form as charged in the Indictment as alledged against him and putteth himself upon the mercy of the Court. It is therefore considered by the Court that the said Defendant make his fine with the State of Missouri by the payment of the sum of five dollars and that he pay the cost of this prosecution and that execution issure therefor.
22
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JANUARY TERM 1854
p 104.
State of Missouri Plaintiff
vs Indictment for Running Horse on the Public Highway
Jefferson Shipman Defendant
Now at this day comes the said Defendant in his own proper person as well as the Circuit Attorney who prosecutes for the State in this behalf, and that the said Jefferson Shipman because be will not contend with the State, says he is guilty in manner and form as charged in the Indictment as alledged against him and putteth himself upon the mercy of the Court. It is therefore considered by the Court that the said Defendant make his fine with the State of Missouri by the payment of the sum of five dollars and that he pay the cost of this prosecution and that execution issue therefor.
Samuel Hall appeared and was by the Court sworn as a member of the Grand Jury.
State of Missouri Plaintiff
vs Indictment for Gaming
Reese Gott Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri, as well as the Defendant in his own proper person who for a plea says he cannot deny but that he is guilty in the manner and form as he is charged in said bill of Indictment and puts himself upon the mercy of the Court and was by the Court fined ten dollars. It is therefore ordered by the Court that he make his fine by the payment of ten dollars, together with the costs herein expended, for all of which execution may issue.
p 105.
State of Missouri Plaintiff
vs Indictment Running Horse on the Public Highway
Leroy Thomas Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri, as well as the Defendant in his own proper person who for a plea says he cannot deny but that he is guilty in the manner and form as he is charged in said bill of Indictment and puts himself upon the mercy of the Court and was by the Court fined ten dollars. It is therefore ordered by the Court that he make his fine by the payment of ten dollars, together with the costs herein expended, for all of which execution may issue.
State of Missouri Plaintiff
vs Indictment For Felonious Assault
Elizabeth A. Haynes Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri in this behalf as well as the Defendant in her own proper person and presents her petition for a Change of Venue verified by her affidavit as the Law directs praying for a Change of Venue in this cause for the reason that the minds of the inhabitants of the county of Greene are so prejudiced against her that she cannot have a fair trial in said cause in this city. It is herefore ordered by the Court that a Change of Venue be awarded in said cause to the county of Stone in the Judicial Circuit.
State of Missouri Plaintiff
vs Indictment for Felonious Assault
Elizabeth A. Haynes Defendant
Now at this day comes Elizabeth A. Haynes as principal and Wesley Riche and William Haynes and acknowledged themselves to owe and stand jointly and severally indebted
(continued)
23
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JANUARY TERM 1854
p 105 (cont)
unto the State of Missouri in the just and full sum of four hundred dollars to be levied of their respective goods and chattels lands and tenements to the use of said State to be recovered. The condition of the above recognizance is such that said Elizabeth A. Haynes shall be and make her personal appearance before the Judge of the Circuit Court of the county of Stone at the Court House in the town of Galena on the first day of the next term thereof to be holden on the sixth Monday after the fourth Monday in April, next, then and there to answer to an Indictment preferred against her by the Grand Jury for a Felonious assault and not depart the Court without leave then this recognizance to be void.
p 106.
John L. Sawyers et al
Petition for Partition
Now at this day comes John L. Sawyers and Elizabeth his wife, Elias B. Garrison and Emaline Garrison his wife, William B. Medley as administrator of the estate of John Smith, deceased, Patrick H. Smith, William E. Smith by his guardian E.B. Garrison and shows the Court that John Smith later of Greene County died without not having made any will leaving the following described real estate Situate in the said county of Greene to wit: SE 1/4 of NW 1/4 and NW 1/4 of SW 1/4 of Sect 22 and W 1/2 of SW 1/4 of Sect 11 TWP 28 and NE 1/4 of NE 1/4 of Sect 12 TWP 27 Range 20 W containing two hundred acres and that the above named Elias B. Garrison and Emaline Garrison his wife in right of said Emaline formerly Emaline Smith widow of said Decedent are entitled to be endowed of one third part of said land and that John L. Sawyers and Elizabeth Sawyers formerly Elizabeth Smith daughter of said Decedent and Patrick H. Smith, William B. Smith and Thomas J. Smith are each entitled to one individual fourth part of the remainder of said land as heirs of the aforesaid Decedent. It is therefore ordered by the Court and adjudged that the said Elias B. Garrison and Emaline Garrison be endowed of the third part of said land, and that the remainder of said real estate be partitioned as follows, to wit: said John L. Sawyer and Elizabeth Sawyers in eighth of said Elizabeth have one fourth part of the remainder and that Patrick H. Smith, William B. Smith and Thomas J. Smith have each one fourth part of said real estate after the assignment dower as aforesaid and John Gwyn, Pleasant Henderson and John D. Brown be and they are hereby appointed Coinmissioners to Set off the Dower and make partition in persuance to the forgoing judgment.
p 107.
State of Missouri Plaintiff
vs Running Horse on Public Highway
H.L. Gray Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri as well as the Defendant in his own proper person who for a plea says that he cannot deny but that he is guilty in the manner and form as he is charged in said Bill of Indictment and puts himself upon the mercy of the Court and was by the Court
fined five dollars. It is therefore ordered by the Court that he make his fine by the payment of the sum of five dollars together with the costs herein expended for all of which execution may issue, with a capias clause.
24
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JANUARY TERM 1854
p 107.
State of Missouri Plaintiff
against Indictment For Felonious Assault
Elizabeth A. Haynes Defendant
Now at this day comes into Court John C. Lane, James Wildon and acknowledged themselves to owe and stand jointly and severally indebted unto the State of Missouri in the just and full sum of one hundred and fifty dollars to be levied and made of their respective goods and chattels lands and tenements to be void however upon the following condition - that is, the said John G. Lane and James Wildon bind themselves for the personal appearance of Francis E. Lane, Samuel A. Lane and Eliza Wildon at the Court House in the town of Galena in the county of Stone on the sixth Monday after the fourth Monday in April, next, then and there to testify in a cause then and there pending wherein the State of Missouri is Plaintiff and Elizabeth A. Haynes is Defendant and not depart said Court without leave then this recognizance shall be void.
p 108.
State of Missouri Plaintiff
vs Indictment For Gaming
Cicery McGinty Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri as well as the Defendant by his attorney who for a plea says tbat he cannot deny but that he is guilty in the manner and form as he is charged in the Bill of Indictment and puts himself upon the mercy of the Court and was by the Court fined ten dollars. It is therefore ordered by the Court that he make his fine by the payment of the sum of ten dollars together with the costs herein expended and for allof which execution may issue with a capias clause.
State of Missouri Plaintiff
vs Indictment For Robbery
Charles King Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri in this behalf as well as the Defendant in his own proper person and presents his petition for a Change of Venue verified by his affidavit as the Law directs praying for a Change of Venue in this cause for the reason that the minds of the inhabitants of the county of Greene are so prejudiced against him that he cannot have a fair trial in said cause in this County. It is therefore ordered that a Change of Venue be awarded in this Judicial Circuit.
State of Missouri Plaintiff
vs Indictment For Robbery
Charles King Defendant
Now at this day comes into Court J.W. Blankenship, Morgan 0. Ingram, Thomas A. McAllister and William F. Williams and acknowledged themselves to owe and stand in-debted unto the State of Missouri in the Just and full sum of fifty dollars each to be levied and made of their respective goods and chattels lands and tenements to be void however upon the following condition - - that is if the said J.W. B1ankenship, Morgan 0. Ingram, Thomas A. McAllister and William E. Williams shall be and make their personal appearance at the Court House in the town of Greenefield in the County of Dade on the first day of the next term of this said Court to be begun and held on the
second Monday in April next then and there to testify in the part of the State in the above case and not depart said Court without leave then this recognizance to be void.
25
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JANUARY TERM 1854
p 109.
State of Missouri Plaintiff
vs Indictment For Adultery
R.W. Robertson Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State as well as the Defendant in his own proper person and the Circuit Attorney moves the Court for a continuance in the above cause for the want of material testimony. And all and singular the premises being seen and by the Court fully understood it is considered by the
Court that said cause be continued until the next term of this Court. And it is further ordered that an attachment issue to the Sheriff of Taney County commanding him to have the bodies of F.E. Robertson, Minerva J. Robertson as witnesses in the above cause on the first day of the next term of this Court, and it is further ordered that an attachment issue directed to the Sheriff of Greene County commanding him to have the body of Joseph R. McCormack as a witness in the above cause, then and there to testify on the part of said State of Missouri.
State of Missouri Plaintiff
vs Indictment For Adultery
Eliza Jackson Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State in this behalf and moves the Court for an alias capias to Taney County, and all and singular the premises being seen and by the Court fully understood it is ordered that said alias capias issue.
In the Circuit Court of Greene County, January Term. This day Charles Carlton, a native of Great Britain, who applies to be admitted a Citizen of the United States comes and proves to the satisfaction of the Court that he has resided in the United States at least five years and in the State of Missouri at least one year immediately preceeding this application, during which time he has conducted himself as a man of good moral character attached to the principles of the Constitution of the United States and well disposed to good order and happiness of the same. And the Court moreover, being sfied that said applicant has taken the preparatory steps required by the Laws of the United States concerning the naturalization of foreigners and be declaring here in Open Court oath that he will support the Constitution of the United States and that he does absolutely renounce and abjure forever all allegiance and fidelity to every Foreign Prince, State and Sovereignty whatsoever and particularly to Victoria, Queen of Great Britain therefore the said Charles Canton is admitted a Citizen of the United States.
p 110.
State of Missouri Plaintiff
vs Indictment Felonious Assault
Abraham Fine Defendant
This day came the Circuit Attorney who prosecutes in behalf of the State who says he will nor does he further prosecute in this behalf. It is therefore considered by the Court that the said Defendant be discharged from said Indictment and go hence without day.
State of Missouri Plaintiff
vs Indictment Detaining A Witness
Abraham Fine Defendant
This day came as well the Circuit Attorney who prosecutes for the State in this behalf as well as the said Defendant by his attorney and for sufficient cause here
(continued)
26
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JANUARY TERM 1854
p 110 (continued)
shown to the Court it is ordered that the cause be and the same is hereby continued until the next term of this Court and it is agreed that there is to be no forfeiture of recognizance against the securities at any future time.
State of Missouri Plaintiff
vs
.
Abraham Fine Defendant
Indictment Preventing Witness From Appearing before the Grand Jury
This day came as well the Circuit Attorney who prosecutes for the State in this behalf as well as the said Defendant by his attorney, and all and singular the premises being seen and by the Court fully understood and for sufficient cause here shown to this Court. It is ordered that the cause be continued until the next term of this Court. And it is agreed that there is to be no forfeiture of recognizance against the secur ities at any future time.
State of Missouri Plaintiff
vs
Abraham Fine Defendant
Indictment Preventing Witness From Giving Evidence
This day came as well the Circuit Attorney who prosecutes for the State in this behalf as well as the said Defendant by his attorney, and all and singular the premises being seen and by the Court fully understood and for sufficient cause here shown to this Court. It is ordered that the cause be continued until the next term of this Court. And it is agreed that there is to be no forfeiture of recognizance against the securities at any future time.
p 111.
State of Missouri Plaintiff
vs Indictment For Gaming
Jacob Fowler Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute the said suit, but will suffer the same to be dismissed. It is therefore considered by the Court that the State take nothing by the said Writ and that the said Defendant be hereof discharged and go hence without day.
State of Missouri Plaintiff
vs Indictment For Gaming
Samuel Andrews Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute the said Suit, but will suffer the same to be dismissed. It is therefore considered by the Court that the State take nothing by the said Writ and that the said Defendant be hereof discharged and go hence without day.
State of Missouri Plaintiff
vs Indictment for Murder
John A. J. Lee Defendant
This day came Levi L. Becker, Almond Mayfield, William Cudgington, J.W. Cheeks, Jesse D. Engle, Daniel Becker, Jas. Benton, D.D. Linelsey, G.W. Engle, Jos. Engle, F.J. Mayfield, P.C. Dane, John Franklin Jr, John Flannegan, John C. Nubey, Philip Engle, Thomas Franklin, James Franklin, Jas. Cheeks and severally acknowledged themselves
(continued)
27
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D
JANUARY TERM 1854
p 111 (continued)
to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars to be levied of their respective goods and chattels, lands and tenements, to be void however upon the following condition, that is they be and appear before the honorable Judge of the Greene Circuit Court at the Court House in the city of Springfield on the first day of the next term thereof which will be holden on the third Monday in July 1854 and not depart the same without leave then this recognizance to be void otherwise to remain in full force power and effect.
p 112.
Jacob R. Martin Plaintiff
vs Civil Action
Andrew J. Klepper Defendant
This day came again the Plaintiffs by attorney and the said Defendant not having appeared to the said action and the same being wholly understood and by the failure of said Defendant to answer plead or demur to said action, the same is taken as confessed. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendant the sum of one thousand dollars, the amount claimed in said petition together with costs of suit for all of which execution may issue. And the Plaintiff being in Court remits the damages hereby recovered.
Wednesday Morning January 11th 1894
State of Missouri Plaintiff
vs Indictment For Murder
J.A.G. Lee Defendant
This day comes the Defendant in this cause in his own proper person, as well as the Circuit Attorney who prosecutes in behalf of the State of Missouri and by leave of the Court said Defendant presents his recognizance for his appearance at the next term of this Court and well and singular the premises being seen and by the Court fully understood it is ordered by the Court that said recognizance be filed and the same is hereby approved.
p 113.
State of Missouri Plaintiff
vs Indictment Selling Liquor to a Slave on Sunday
B.G. Andrews Defendant
(for want of material evidence, cause continued until next term of this Court)
p 113.
State of Missouri Plaintiff
vs Indictment For Robbery
Charles King Defendant
It is ordered by the Court that the said Defendant be removed from the jail of the county of Greene to the Jail of the county of Dade in this Judicial Circuit to which this cause has been removed, at the expiration of the term for which he is now imprisoned for breaking Jail.
State of Missouri Plaintiff
vs Indictment For Gaming
William Freston Defendant
This day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and says that by leave of the Court he will not further prosecute the said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the
(continued)
28
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D
p 113 (continued) State take nothing by her said Writ and that the Defendant be hereof discharged and go hence without day.
State of Missouri Plaintiff
vs Indictment For Felonious Assault
John Isbell, James Preston Defendants
(ordered continued until next Court term)
This day came the Grand Jury and presented the following as true Bills of Indictment
State of Missouri
vs
Terry G. Price Felonious Assault
State of Missouri
vs
J.H. Parsons and John Dickens For Gaming.
p 114.
John Delaney Plaintiff
vs Civil Action
Jonathan Johnson et al Defendant
This day comes the Plaintiff by his attorney and dismisses as to William LunSEord and Catharine LunSEord, James Faulkner and Lydia Faulkner part of the Defendants in this cause.
p 115.
State of Missouri Plaintiff
vs Indictment for Felonious Assault
Micajah Henslee Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant in his own proper person who for a plea says he is not guilty in the manner and form as he stands charged in said Indictment and puts himself upon the Country and the Circuit Attorney doth the like and thereupon came a
Jury, to wit: Wm. Webb, R.B. Owen, P.E. Shockley, J.T. Owen, Wilson Merrill, T. White, F.E. Mattison, Thos. Moore, Wm. Keithley, Wm. L. Herrington, Wm. B. Farmer, Sample Orr twelve good and lawful men duly elected tried and sworn, after hearing the evidence and arguments of attorneys retired to consider of their verdict and not agreeing therein, by consent of the parties were discharged.
State of Missouri Plaintiff
vs Indictment For Felonious Assault
Terry G. Price Defendant
This day came Terry G. Price, as principal and Robert J. McElhenney and John H. Akin as securities and acknowledged themselves to owe and stand jointly and severally indebted to the State of Missouri in the just and full sum of five hundred dollars, to be levied of their respective goods, chattels, lands and tenements, to be void however upon the following condition - if the said Terry G. Price shall be and make his personal appearance before the Honorable Judge of the Circuit Court of the County of Greene at the Court House in the town of Springfield on the first day of the next term thereof to be holden on the third Monday in July 1854 then and there to answer to an Indictment preferred agains him by the Grand Jury for a felonious assault, and not depart the same without leave of said Court then this recognizance to be void, otherwise to remain in full force, power and effect.
29
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JANUARY TERM 1854
p 115.
State of Missouri Plaintiff
vs Indictment for Felonious Assault
Newton A. Davis Defendant
(Cause continued until the next court term)
p 116.
John H. Akin Plaintiff
vs Appeal
Thomas Riddle and Jos. Headlee Defendants
On motion of Plaintiff attorney it is ordered by the Court that the above cause be dismissed.
Wm. H. Bedford Plaintiff
vs Civil Action
P.R. & D.C. Smith Defendants
This day came the parties in the above cause by their attorneys and on motion of said Plaintiff, it is ordered that this cause be and the same is hereby continued until the next term of this Court at the cost of said Plaintiff. It is therefore considered by the Court that the said Defendants recover of said Plaintiff their costs by them at this term of the Court expended and may have execution therefor.
State of Missouri Plaintiff
vs Indictment For Gaming
Reuben E. Blakey Defendant
This day came the Circuit Attorney who prosecutes in behalf of the State of Missouri and says that by leave of the Court he will not further prosecute this suit but will suffer the same to be dismissed. It is therefore considered by the Court that the State take nothing by her said Writ and that the Defendant be hereof discharged and go hence without day.
p 117. Thursday morning January the 12th 1854.
Alfred H. Kelley Plaintiff
vs Civil Action
Richard Woodward Defendant
Now at this day came the said Parties by their attorneys and leave is given to the Defendant to file his answer to Plaintiff's petition sixty days before the commencement of the next term of this Court.
Now at this day came into Court the Grand Jury empanneled on Monday and presented the following Bills of Indictment by the State of Missouri -
George Foldin -- Indictment For Gaming
Hiram Friend -- Indictment For Gaming
Elias Friend -- Indictment For Gaming
Godfrey Yohn -- Indictment For Gaming
George W. Bullier -- Indictment For Gaming
State of Missouri Plaintiff
vs Indictment For Malicious Mischief
Lewis A.H. Crenshaw Defendant
Now at this day came the Circuit Attorney who prosecutes for the State of Missouri in this behalf and the said Defendant by his attorney and by agreement this cause is continued until the next term of this Court at the cost of the Defendant.
30
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JANUARY TERM 1854
p 118.
State of Missouri Plaintiff
vs Indictment For Gaming
Edward Matterson, Robert Gallaher, Thomas Moore Defendants
Now at this day came the Circuit Attorney who prosecutes in behalf of the State of Missouri as well as the Defendants in their own proper persons, who for a plea say they are not guilty in manner and form as charged in said indictment and the Circuit Attorney doth the same and thereupon came a Jury, to Wit: John H. Miller, Daniel Gray, W.A. Bagby, Kindred Rose, W.D. Proctor, John R. Earnest, L.H. Freeman, John W. Thrower, Joseph Chafin, B.E. Harden, Anderson Payne, W.H. Frazier, twelve good and lawful men duly elected, tried and sworn, after hearing the evidence and arguments of the attorneys retired to consider of their verdict, to wit: "We the Jury find the Defendants not guilty in manner and form as charged in the Indictment." It is therefore considered by the Court that the said Defendants be fully discharged from this prosecution and go hence without day.
Now at this day came into Court the Grand Jury empannelled on Monday morning and presented the following true bill of an Indictment, viz:
State of Missouri
vs
Berry Dotson Indictment for Felonious Assault.
p 119.
State of Missouri Plaintiff
vs Indictment For Gaming
Thomas Moore, William Keithley,
Nicholas Kinson Defendants
Now at this day came the Circuit Attorney who prosecutes in behalf of the state of Missouri and says that by leave of the Court he will not further prosecute this suit but suffer the same to be dismissed. It is therefore considered by the court that the State take nothing by her said Writ and that the Defendant be hereof be discharged and go hence without day.
State of Missouri Plaintiff
vs Indictment For Felonious Assault
Berry Dotson Defendant
Now at this day came the Circuit Attorney who prosecutes for the state of Missouri as-well as the Defendant in his own proper person and presents his petition for a "Change of Venue" verified by his affidavit as the Law directs, praying for a Change of Venue in the above cause for the reason that the minds of the inhabitants of the County of
Greene are so prejudiced against him that he cannot have a fair trial of said cause in said county. It is therefore considered by the Court that a Change of Venue be awarded to the said Berry Dotson to the County of Lawrence in the Judicial Circuit and the Sheriff is hereby ordered to deliver the body of the said Berry Dotson to the jailor of Lawrence County without delay.
State of Missouri Plaintiff
vs Indictment For Felonious Assault
Berry Dotson Defendant
Now at this day came George F. Howard, Constantine Perkins, John W. Gilmore and H.J. Edgar, witnesses on the part of the Plaintiff and Peter T. Shelton, Solomon W. Edgar, David Gilmore, George Harmon and Lindsey White Cotton, witnesses on the part of the Defendant and severally acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars each to be levied of their-respective goods, chattels, lands and tenements to be void however on the following condition that if they be and appear before the Honorable Judge of the Lawrence (continued)
31
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
p. 119 (cont)
Circuit Court at the Court House in the town of Mount Vernon on the first day of the next term of the said Court which will be holden on the third Monday in April, next, 1854 and not depart the same without leave therein this recognizance to be void otherwise to remain in full force, power and effect.
p 120.
Abraham Fine Plaintiff
vs Civil Action
William Littleton Defendant
Now at this day comes the parties by their attorneys and Patrick H. Edwards, Esq., attorney of said Plaintiff suggests to the Court that since the last continuance of this cause the said Plaintiff departed this life intestate. Therefore it is ordered that this cause be continued and that a Writ of scire facias be issued in this cause returnable to the next term to substitute the legal heirs and representatives of said deceased as Plaintiffs to prosecute this Suit and the same day is given to the said Defendants.
p 120/121.
Oscar J. Robards et al
vs Petition for Partition
John R. Robards et al
Now at this day comes the Plaintiffs by their attorney and the said Defendants having been three times solemnly called come not but make default, and it appearing to the Court that the order of publication has been duly published and it appearing to the Court that Oscar J. Robards, Augustus M. Robards, Mary Ives, Susan Robards, Emily Jarrett and Mary A Kellie (or Keller), petitioners in the above cause and John R. Robards and Wm. P. Robards the heirs of Francis Buras, formerly Robards, the heirs of Patience Harris, formerly Patience Robards, Mary Kellie (or Keller), formerly Mary Robards, Emily Jarrett, formerly Emily Robards, Defendants in the above cause are heirs at Law of Edward F. Robards who died siezed and possessed of the following real estate situate in the County of Greene, to wit: NE 1/4 of SW 1/4 and SW 1/4 of SW 1/4 of Sect 3 and NE 1/4 of NW 1/4 of Sect 10 and NE 1/4 of NE 1/4 of Sect 9 and SE 1/4 of SW 1/4 of Sect 3 and NW 1/4 of Sect 10 all Township 30 Range 22W. It appearing that David Ross and Susan Roberts, widow of Deceased took letters of administration on the estate of said deceased and have proceeded to administer the sanle, and it further appearing that there is a sufficiency of assets from the personal estate and the real estate already sold to pay the debts of said deceased and it appearing that Susan Robards, widow of said deceased, is entitled to one half of the above described real estate of deceased and that Mary Ives, mother of said deceased, John R. Robards, William P. Robards, brothers of said deceased and the heirs of Francis Burrus formerly Francis Robards sister of deceased. The heirs of Patience Harris formerly Patience Robards sister of deceased, Mary Kellie(Keller) formerly Mary Robards, Emily Jarrett formerly Emily Robards, sister of deceased and Oscar J. Robards and Augustus M. Robards, brothers of the deceased, are each entitled to one ninth part of the remainder of said real estate after deducting said Susan Roberts half of said real estate. It is therefore considered by the Court that the partitions of the above described real estate, be made in kind among the heirs of said deceased according to their several rights herein before set forth and ascertained. And it is further ordered that E.C. Cook, John L. McCracken and Solomon H. Owen be and they are hereby appointed Commissioners to make partition of the real estate above described according to the several rights aforesaid and that they make a report thereof.
32
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