Springfield-Greene
County LibraryJanuary Term 1860
Book E
p 38.
State of Missouri Plaintiff
vs Selling Liquor Without License
John Foster Defendant
Now at this day the motion to arrest the judgment in this cause coming on to be heard and the Court being advised of the premises said motion is by the Court sustained and the judgment arrested.
p 39. February 13th, 1860.
Ordered by the Court that J.A. Foster be appointed Circuit Attorney Protem who accordingly took the oath of office.
S.A.J. Tillman Plaintiff
vs Civil Action
Joseph Burdue Defendant
Now at this day it is ordered by the Court that the cause be transferred to the Common Pleas and Probate Court of Greene County because the Judge of this Court is of kin to the Defendant in this cause and it is agreed by the parties that Defendant answer petition thirty days before the next term of said Court for Common Pleas.
p 40.
W.R. Ingram et al Plaintiffs
vs Petition for Partition
Thomas B. Payne et al Defendants
Now at this day comes the Plaintiff and by leave of the Court files their supplemental petition in this cause and on motion John S. Waddill is by the Court appointed guardian ad litem of the minor Defendants in this cause.
State of Missouri Plaintiff
vs Murder in 2nd Degree
James Jackson Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person and by attorney. Having heard the Bill of Indictment read says he is not guilty in manner and form charged.
p 40.
State of Missouri Plaintiff
vs Indictment for Public Indecency
Reuben A.M. Rose Defendant
Now at this day comes the Circuit Attorney and also Reuben A.M. Rose as principal and William C. Price as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels lands and tenements to be void on condition that the said Rueben A. M. Rose shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof and answer to a Bill of Indictment preferred against him for public indecency by the Grand Jury of said County and not depart said Court without leave.
p 41.
State of Missouri Plaintiff
vs Selling Liquor Without License #1.
John Foster Defendant
Now at this day the motion filed to quash the Indictment in this cause coming on to be heard and the Court being advised of the premises said motion is by the Court sustained
(continued)
167
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1860
p 41 (continued)
and the Indictment quashed. It is therefore considered by the Court that the State take nothing by ber suit and that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Disturbing Peace of Family
Joshua Creshon Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who says he is guilty as charged in the Indictment. Whereupon the Court doth assess as a punishment for the commission of the offense the sum of five dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from said Defendant her said fine and also costs of suit and that she have execution therefor.
p 42.
J.E. Morris Plaintiff
vs Civil Action
Z. Morris et al Defendants
Now at this day comes the Plaintiff and by leave files his petition for a change of venue in this cause to some other Circuit on account of the prejudice in the mind of the Judge of this Court against him. It is therefore ordered that a Change of Venue be granted to the County of Cedar in the 7th Judicial District.
F.A. McClure Plaintiff
vs Attachment
John W. Ball Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly served with process and having failed to plead, answer or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby. The Court doth fInd from an examination of the same that the Defendant is indebted to said Plaintiff in the sum of $292 debt and also the sum of $761 damage the sum being the rate allowed in the State of California and agreed on and stated in the Instrument sued on. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his debt and damage and also costs of suit and that he have execution therefor.
p 42/43.
F.A. McClure Plaintiff
vs on Garnishment
J.W. Ball Defendant
Now at this day comes the Plaintiff by attorney and it appearing to that the said Garnishee had answered to the interrogatories of Plaintiff and from said answer it appeared that he had in his possession belonging to said Defendant the sum of $160 in money. It is therefore considered by the Court that the Plaintiff have and recover of and from said Garnishee the sum of $150 the amount in his hands belonging to said Defendant (after allowing and paying said Garnishee the sum of ten dollars as an Attorney Fee) and that he have an execution therefor.
p 43.
John S. Phelps
Expartee Petition for Writ ad quod damnum.
Now at this day comes John S. Phelps by his attorney and files his petition for a writ of ad quod damnum and the Court being fully advised of and concerning the premises it
(continued)
168
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1860
p 43 (continued)
is ordered by the Court that a writ issue returnable to the present term of this Court and that a Jury be summoned to inquire of the matters contained in said petition to meet on the premises described in said petition on the 17th day of February 1860.
p 44.
William C. Price Plaintiff
vs Civil Action by Confession
Peter Apperson Defendant
Now at this day comes the Plaintiff and files a statement in writing verified by the affidavit of Defendant by which the said Defendant confesses Judgment in favor of said Plaintiff for the sum of $471.40 to serve said Plaintiff In his liability as security for said Defendant. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant the said sum of $471.40 his said debt and damage and also costs of suit and that he have an execution therefor.
p 44/45.
State of Missouri Plaintiff
vs Indictment for Murder in 2nd Degree
James Jackson Defendant
Now at this day comes the Circuit Attorney and also the Defendant In person and by attorney and waives his right of 48 hours to examine the pannell of Jurors and announce themselves ready for trial whereupon comes a Jury viz Thomas Kershner, J.T. Overstreet, John Breedlove, Reuben Yarborough, John McElhaney, James Franklin, William Norman, E.S. McElhaney, Hugh Boyd, W. Appleby, R.G. Perkins, W.R. Ingram, twelve good and lawful men who being duly elected tried and sworn to try the issue joined, having heard a portion of the evidence and there not being time to complete the same are ordered in charge of the Sheriff until tomorrow morning 9 o'clock.
Ordered that James Jackson be remanded into the custody of the Sheriff.
p 45/46.
William R. Ingram et al
vs Petition for Partition
Thomas B. Payne et al
Now at this day comes the Defendants by their attorney and file herein their answer in this cause and by consent of said Plaintiffs and Defendants the said cause comes on to be heard and it appearing by the said answer of Defendants that the facts and matters in the petition of Plaintiffs is true and upon an examination of the same and all matters connected therewith the Court doth find that the Plaintiffs and Defendants are owners in coparcenary of the following described real estate situate in the County of Greene, State of Missouri viz the NE 1/4 of Sect 35 TWP 29 Range 22. The SE 1/4 of Sect 35 TWP 29 Range 22. The SW 1/4 of Sect 27 TWP 29 Range 22. The W 1/2 of SE 1/4 of Sect 27 TWP 29 Range 22, except 100 acres off the North end of Lots SW 1/4 of Sec 27 TWP 21 Range 22 and the W 1/2 of SE 1/4 of Sect 27 TWP 29 Range 22, heretofore described being that part of said Lots lying on the North side of Richland Creek, otherwise called B.T. Nowlin's Spring Branch and supposed to contain 100 acres which constitutes the dower interest of Jane Payne. That said William R. Ingram, Binom Ingram, Juliett Ingram and Sydney Ingram are entitled to one-fifth and one-sixth part of one-fifth part each of said real estate in right of Sydney S. Ingram deceased and Malvina Ingram deceased. That said Jane Payne is entitled to one-sixth of one-fifth part of said real estate in right of said Malvina Ingram deceased and that the said Thomas B. Payne and Louisa Payne are entitled to one-twelfth of one-fifth part each of said real estate.
(continued)
169
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1860
p 45/46(continued)
It is therefore considered and adjudged by the Court that the coparcenary aforesaid have partition of the said real estate according to their respective rights and interests aforesaid. It is therefore ordered by the Court that W.M. Horton, James Dollison and Kindred Rose be and they are hereby appointed Commissioners to make partition of the said real estate according to respective interests of said coparcenaries as herein declared and that they report to this Court how they have executed the trust reposed in them.
p 47.
Ordered that James Jackson be brought into Court which is accordingly done.
Cause of J.E. Smith Plaintiff vs David Parker, G.W. Mitchell and J.R. Townsend, continued to next term of this Court.
p 48.
State of Missouri Plaintiff
vs Indictment for Murder in 2nd Degree
James Jackson Defendant
Now at this day again comes the Circuit Attorney who prosecutes and also the Defendant in person and by attorney as well the Jury empannelled in this cause and having heard the evidence completed and hearing the instructions of the Court and there not being time to agree on a verdict are ordered in charge of the Sheriff until tomorrow 9 o'clock.
Ordered that James Jackson be remanded into custody of the Sheriff.
Ordered that James Jackson be brought into Court which is accordingly done.
p 49.
State of Missouri Plaintiff
vs Indictment for Murder in 2nd Degree
James Jackson Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney as well the said Jury who upon their oath say "We the Jury find the Defendant not guilty in manner and form as charged in the Bill of Indictment."It is therefore considered by the Court that the Defendant be discharged hereof and go hence without day.
p 50.
Thomas G. White Plaintiff
vs Civil Action
John Dixon Defendant
Now at this day comes the parties by attorney and Plaintiff by leave of Court dismisses this cause at his, Plaintiff's, cost except the Defendant's cost for present term of Court. It is therefore considered by the Court that Defendant have and recover of and from Plaintiff his costs laid out and expended (except the Defendant's cost of the present term of this Court) and that he have execution therefor.
p 51.
A.J. Ricketts Plaintiff
vs Civil Action
John Ricketts, James Forbis, R.K. Hart Defendants
Now at this day comes the parties by attorney and having announced ready for trial
(continued)
170
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1860
p 51. (continued)
thereupon came a Jury viz James Bond, J.H. Miller, Alsey Oneal, William S. Wilkes, Jacob Neff, J.J. Bradley , W.J. Bradley, John Thurman, B. Wingfield, B.W. Henslee, Benjamin Kite, and W.M. Horton, twelve good and lawful men who being duly tried, elected and sworn to try the issue joined and having heard the evidence and there not being time to complete the trial of this cause are permitted to disperse under the charge of the Court until tomorrow 9 o'clock.
p 51/52/53
P.D. Dodds et al Plaintiffs
vs Petition for Partition
Jane Garroutte et al Defendants
Now at this day comes the Plaintiffs by theIr attorneys the Defendants having been served with process also appearing by their attorney cOnsent to try matter in issue between them at this term of the Court. The Court sitting as a Jury having examined the petition of PlaIntiff, the answer of Defendants, the reply of the Plaintiffs and the witnesses introduced by the parties and every thing being seen and understood by the Court, the Court doth find the facts as follows:
That the year 1857 Samuel Garroutte died intestate in the County of Greene and State of Missouri, that at the time of his death he was seized and possessed of real estate as follows: the E 1/2 of the NE 1/4 and NW 3/4 of NE 3/4 of Section 27 and the W 1/2 of SW 3/4 of Sect 26 and W 3/4 of NW 3/4 of Sect 35, all in TWP 28 Range 24,and SW3/4 of the SE 3/4 Sect 3 TWP 27 Range 24. That Samuel Garroutte left as his heirs at law his children as follows: Michael Garroutte, Samuel Garroutte, James Garroutte, Anthony J. Garroutte, David Garroutte, Thomas B. Garroutte, his sons and Frances, wIfe of Ransom D. Blades Nary Ann wife of R.D. Dodds Martha Jane, wife of Anderson Hampton Charlotte, wife of Andrew J. Jones Nancy Ellen, wife of Martin V. Jones& Eliza B. Garroutte, his daughter, as well as Jane Garroutte, his widow.
That Thomas B. Garroutte and Eliza B. Garroutte are minors and that Jane Garroutte is their legal guardian and that all the other parties are adults and that they are as well as the other parties properly represented in Court. That the widow has been fully, amptly and legally endowed with other real estate than that mentioned in this Judgment. That Michael Garroutte has had advanced him land costing fifty dollars and that upon the said Michael Garroutte paying into the proceeds for which the aforesaid land shall be sold fifty dollars he and said Michael Garroutte will be entitled to one-thirteenth part of the proceeds of the sale of the lands and the advancements herein required to be paid in that Samuel Garroutte has had advanced to him land costing fifty dollars and that upon his paying into the proceeds for which the aforesaid land shall be sold fifty dollars he the said Samuel Garroutte shall be entitled to one-thirteenth part of the proceeds of the said lands and advancement herein required to be paid in. That James Garroutte has had advanced to him land costing one hundred and fif ty dollars and that upon the said James paying into the proceeds arising from the sale of the aforesaid lands one hundred and fifty he shall be entitled to one-thirteenth part of the proceeds arising from the sale of the land and the advancements herein required to be paid in. That Anthony Garroutte and Thomas B. Garroutte are each entitled to one-thirteenth part of the proceeds arising from the sales of said lands and the advancements herein required to be paid in. That Sophia Laney, Frances Blades, Mary Ann Dodds, Martha J. Hampton, Charlotte Jones, Nancy Ellen Jones and Eliza B. Garroutte are each entitled to one-thirteenth part of the proceeds arising from the sale of the land and the advancements herein required to be brought into Hotch Potch. That the administration has been granted on the estate of Samuel Garroutte and sufficiently administered to ascertain that the real estate mentioned in the petition of Plaintiffs and herein referred to will not be necessary for the payment of any debts against the estate. And further the premises being fully seen and fairly understood it is further
(continued)
171
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1860
p 51/52/53 (continued)
ordered adjudged and decreed by the Court that from the number of heirs partition in kind cannot be made in kind without great prejudice to the owners of said premises. It is therefore ordered adjudged and decreed by the Court that the land herein described be sold on a credit of twelve months and after paying the expense of selling and costs of this proceeding that the remaining proceeds thereof together with the amount herein ordered to be brought into Hotch Potch be partitioned and divided in accordance with the present funding of the Court, that is to say one-thirteenth part to Michael Garroutte, one-thirteenth to Samuel Garroutte, one-thirteenth to James Garroutte, one-thirteenth part to Anthony J. Garroutte, one-thirteenth part to Thomas B. Garroutte, one-thirteenth part to Sophia Laney, one-thirteenth part to Frances Blades, one-thirteenth part to Mary Ann Dodds, one-thirteenth part to Mary Ellen Jones and one-thirteenth part to ElIza B. Garroutte and that the Sheriff of Greene County sell the same as the Law directsand make report of his proceeding to this Court.
p 54.
A.J. Ricketts Plaintiff
vs Civil Action
John Ricketts, James Forbis, R.K. Hart Defendants
Now at this day comes the parties by attorney as well as the Jury in this cause and having received the instructions of this Court thereupon comes the Plaintiff and says he will take a non-suit.It is therefore considered by the Court that the Plaintiff take nothing by his suit that the same be dIsmissed and that the Defendants have and recover of and from the Plaintiff and Enoch Herrington his security, his costs laid out and expended and that he have execution therefor.
p. 55.
State of Missouri Plaintiff
vs Disturbing Peace of Neighborhood
Reuben E. Blakey Defendant
Now at this day comes Reuben E. Blakey as principal and William C. Price as security who acknowledge themselves to owe and stand Indebted to the State of Missouri in the sum of one hundred dollars to be levied of their respective goods and chattels, lands and tenements to be void on condition that the said Reuben E. Blakey shall be and make his personal appearance before the Judge of our Greene Circuit Court at the Courthouse in Springfield on the first day of the next term to answer a Bill of Indictment preferred against him by the Grand Jury of said County and not depart said Court without leave.
p 55/56/57 February 17, 1860.
Rebecca Payne, Anderson H. Payne
W.H. Payne, John W. Payne, Luenda
McNatt and John B. McNatt, H.R. Payne,
David M. Payne and Thomas B. Payne Plaintiffs
vs Petition for Partition
Daniel Payne, May A. Brittain and
Lafayette Brlttain, Martha J. Robinson
and James Robinson Defendants
Now at this day comes the Plaintiffs by attorney and file their petition setting forth they with Defendants are owners of the following described real estate as the heirs and distributees of Larkin Payne deceased viz (continued)
172
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1860
p 55/56/57 (continued)
The SE 1/4 Sect 17 TWP 28 Range 22 containing 160 acres, the NE 1/4 of SW 1/4 of Sect 16 TWP 28 Range 22 containing 40 acres, the W 1/2 of the SW 1/4 Section 16 TWP 28 Range 22 containing 80 acres. The SW 1/4 of Sect 16 TWP 28 Range 22 containing 40 acres - making 320 acres lying in Greene County, Missouri and
also:
The W 1/2 of the SW 1/4 Sect 5 TWP 27 Range 21 containing 80 acres lying in Christian County, Mo. That at the time of the death of said deceased he left his widow, the said Rebecca Payne who still survives and his children and heirs at law the said Anderson H., William H., John W., Houston R., David M., Thomas B., Daniel Payne, Luenda McNatt, May A. Brittain intermarried with said LaFayette Brittain and the said Martha J., who intermarried wIth said James Robinson. That the said Rebecca Payne has relinquished or had assigned her dower interest in said real estate. That she is entitled to one-third interest in said real estate during her natural life and that the said children and heirs at law as aforesaid are each entitled to an undivided one-tenth part each of said real estate. That all of the said heirs are above the age of 21 years and t hat the debts and liabilities of said deceased have been fully paid. The said Plaintiffs further state that the said Anderson H. Payne has received of the estate of said deceased by way of advancement the sum of $209.40. That W.H. Payne has received the sum of $200. That Daniel Payne has received $99.37. That Thomas B. Payne has received $99.37. That Luenda McNatt and John B. McNatt her husband has received $99.37. That she the said Martha J. Robinson and James Robinson her husband has received $99.37 said amounts so received by said heirs being so much received by them by way of advancement. That owing to the situation and kind of real estate and the number of heirs that the same is not susciptible of partition in kind without great prejudice to the parties interested.
And the said Defendants also come by their attorney and by leave of Court file their answer verified by affidavit and say that the facts stated in said petition are true and ask that the prayer of said petition be granted and that said real estate be sold and partition of the proceeds thereof be made according to the rights of the parties. And the Court being fully advised of and concerning the premises doth find from the said petition and answer and the evidence adduced that the facts set forth in said petition are true. It is therefore considered adjudged and decreed by the Court that the said real estate be partitioned among the several parties interested according to their respective interests as aforesaid. And it also further appearing to the Court that partition in kind cannot be made without great prejudice to the owners thereof and the said parties consenting and agreeing thereto it is ordered adjudged and decreed by the Court that the said real estate be sold on twelve months credit bond and security as the Law directs and it is further ordered adjudged and decreed by the Court that the said sums received by the parties aforesaid by way of advancement be brought into Hotch Potch and that the proceeds of the sale of said real estate be partitioned amongst those interested according to their respective interests as before set forth, viz to Rebecca Payne, widow of said deceased one-third part during her natural life. To Anderson H. Payne, W.H. Payne, John W. Payne, H.R. Payne, D.M. Payne, Thos. B. Payne, Daniel Payne, Luenda McNatt and J.B. McNatt her husband, Mary A. Brittain and LaFayette Brittain her husband and Martha J. Robinson and James Robinson one-tenth each of the remaining two-thirds of proceeds of said real estate, together with the several sums aforesaid required to be brought into Hotch Potch and that the several Sheriffs of Greene and Christian Counties make report to this Court of their proceedings to this Court as the Law requires.
173
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1860
p 58.
Jesse Brashears Plaintiff
vs Civil Action
estate John H. Kershner Defendant
Now at this day comes the parties by attorney and having announced themselves ready for trial thereupon come a Jury viz J.F. Morton, H.J. Cain, D.D. Berry, James Forester, D.L. Fulbright, M.J. Hubble, Hugh Holland, D.C. Allen, R.P. Faulkner, B.G. Andrews and John Ray, eleven good and lawful men who by consent of parties being elected tried and sworn to try the issue joined, having heard the evidence and received the instructions of the Court, upon their oath say "We the Jury find for the Plaintiff and find his debt $225 and his damage $84.37 for the detention thereof. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendants estate the said debt and damage and also his cost laid out and expended.
p 59.
Following Causes continued until next term of this Court
John L. Rainey et al vs Samuel Woods -- Civil Action
John L. Rainey et al vs Sarah Edmonson -- Civil Action
John L. Rainey et al vs Joseph T. Morton -- Civil Action
p 60.February 18, 1860.
William R. Ingram et al Plaintiff
vs Petition for Partition
Thomas B. Payne et al Defendant
Now at this day comes the Commission appointed at the present term of this Court to make partition of the real estate of Sydney R. Ingram, deceased, and by leave of the Court file their report in which they say that said real estate cannot be partitioned without great prejudice to the parties interested and so the Court doth find. It is therefore considered, adjudged and decreed by the Court that said real estate be sold and that partition of the proceeds of said sale be made according to the respective rights of the parties as aforesaid. And it is further ordered that the Sheriff sell said real estate on a credit of 12 months the purchaser giving bond and approved security with 10% per annum from day of sale until paid. That the SherIff advertise the same as the Law directs and make report of his proceedings to this Court.
Ancel Lawson Plaintiff
vs Civil Action
J. & Elizabeth Leathers
adm's of Theophilus Leathers Defendant
Now at this day come the partieS by attorney and having announced themselves ready for trial thereupon came a Jury, viz J.M. Bailey, B.W. Henslee, J.W. Lingo, J.B. Cox, T.B. Morgan, J.F. Brown, J. Norfleet, B.G. Andrews, J.H. Martin, Benjamin J. Kite, J.H. Fagg, eleven good and lawful men who by conSent of parties being duly elected tried and sworn to well and truly try the issue joined, having heard a portion of the evidence and there not being time to complete the same are permitted to disperse under charge of the Court until Monday morning 9 o'clock.
p 61.Monday morning 20 February 1860
W.W. Jeffries et al Expartee Petition for Partition
Now at this day comes Henry Matlock Sheriff and by leave files his report of sale of real estate sold for partition in the above entitled cause together with a bill of costs viz -
Clerks fees -- $ 7.05
Sheriff's commission -- 22.14
Printers fee -- 12.00
Attorneys Fee -- 54.60
Total -- $95.79.
Which said report is by the Court approved and bill of expense allowed and the SherIff ordered to pay the sum out of the proceeds of said sale.
174
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1860
p 62.
John R. Edwards Plaintiff
vs Sheriff's Deed
W.J. Cannefax
Now at this day comes Henry Matlock who is known to the Court to be Sheriff of Greene County and the identical person whose name appears to an instrument of writing purporting to be a Sheriff''s Deed to Sample Orr for the following real estate, viz - part of the N 1/2 of N 1/2 of Section 29 TWP 29 Range 22 lying on the West side of the creek containing in all 6 acres more or less for the undivided interest of the Defendant in the above entitled cause and the said Henry Matlock acknowledged that he executed the same for the purposes therein contained.
Numda A. McGaugh
vs Sheriff's Deed
et al Petition for Partition
Now at this day comes Henry Matlock who is known to the Court to be the Sheriff of Greene County and the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to N.A. Davis the following real estate, viz W 1/2 Lot 1 NW fcl 1/4 Section 1 TWP 29 Range 22, E 1/2 Lot 1 NW fcl 1/4 Sect. 1 TWP 29 Range 22 and the undivided half of Lot 17 in Block No. 5 in the town of Springfield in the SWcorner of Public Square and running North half through said block and fronting 12 feet on the Public Square, sold by order of the Greene Circuit Court for partition in the above entitled cause and the said Henry Matlock acknowledged that he executed the same for purposes therein contained.
p 63.
J.R. Danforth Plaintiff
vs Civil Action
W.H. Graves et al Defendant
Now at this day comes Henry Matlock who is known to the Court to be Sheriff of Greene County and the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to J.R. Danfortb for the following described real estate in the town of Springfield a part of the 5 1/2 of Lot No. 24 Block 6, being the same on which Temperance Hall is situated sold by virtue of an execution issued in the above entitled cause and said Henry Matlock acknowledged that he executed the same for purposes therein contained.
State of Missouri Plaintiff
vs Felonious Assault
A.M. Huff Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person and William Huff who acknowledged themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be levied of their goods and chattels, lands and tenements to be void on condition that the said Defendant A.M. Huff be and make his personal appearance before the Judge of out Greene Circuit Court on the first day of the next term thereof which commences on the first Monday in August, next, and answer to a Bill Indictment preferred against him by the Grand Jury of Greene County for a Felonious Assault and not depart said Court without leave.
p 64/65.
John S. Phelps Plaintiff
vs Writ ad quod damnum
Expartee Petition
(continued)
175
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1860
p 64/65 (cont.)
Now at this day comes the Sheriff and returns this writ of ad quod damnum heretofore issued upon the filing of the petition of said John S. Phelps and it appearing from the return that the Sheriff in obedience to said writ summoned twelve fit persons of the County to meet at the place mentioned in said petition to examine the premises and it appearing that the Sheriff attended said persons at the place aforesaid and said Jury of twelve persons were well and truly sworn to make full examination and that after examination they find:
First - No person will be damaged on account of inundation consequent on the erection of the dam as prayed for in said petition.
Second No mansion house, outhouse or appurtenances garden orchard will be overflowed thereby.
Third - The navigation or passage of fish will not be materially obstnicted thereby.
Fourth That the health of the neighborhood will not be materially damaged by the erection of said dam.
And it appearing from the petition that said John Phelps desires to erect a dam across a stream of water called Pearson Creek on the following land of which he is the owner on both sides of said stream, viz: the W 1/2 of the SE 1/4 of Section 35 Township 29 Range 21 except a portion heretofore sold to James Massey and William McFarland containing 30 acres more or less. It is therefore considered, adjudged and decreed by the Court that said John S. Phelps be permitted to erect a dam across said stream at the place aforesaid for the purpose of connecting to said dam a sawmill. Said dam to be not more than 9 feet high provided that ordinary navigation and fish of passage shall not be obstructed by said erection.
p 65.
Ancil Lawson Plaintiff
vs Civil Action
J. & E. Leathers adm of
Theophilus Leathers, Deceased Defendant
Now at this day comes said parties by attorneys as well as the Jury impanneled on Saturday and having heard the completion of the evidence received the instructions of Court and heard the argument of counsel and there not being time to agree on a verdict are permitted to disperse under charge of the Court until tomorrow morning 9 o'clock.
p 66.
C. Collins, S.N. Kellog, F.B. Kelsey,
Charles Kentland and B. Goldsmith Plaintiff
vs Civil Action
James M. Morgan Defendant
Now at this day comes the Plaintiffs by attorney and files their petition and note and said Defendant by attorney appears in Court but says nothing in answer to Plaintiff's petition and the said petition being founded on an instrument of writing signed by Defendant and the amount ascertained thereby. The Court doth find from an examination of the same that the Defendant is Indebted to said Plaintiffs in the sum of $931.87 debt and also the sum of $38.81 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant his debt and damage and also costs of sult laid out and expended and that he have an execution therefor.
p 67. Divorce previously extracted.
Plus other actions.
176
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1860
p 68.
A.C. Crane vs J.H. Aldridge -- Appeal J.P.
Elijah Gray vs Fendal C. Cason -- Action on title
M.V. McQuigg vs George Brown -- Action on Attachment, amendment
Jesse Brashears vs estate of J.H. Kershner
p 69.
Elijah Gray PlaintIff
vs Civil Action
Fendal Cason Defendant
Now at this day comes the Plaintiff and said James F. Hornbeak who interplead in the cause and the said Defendant who had been duly served with process by publication appears not but makes default and the Plaintiff and said Hornbeak being ready for trial thereupon comes a Jury viz: Hugh Boyd, William Norman, Frank Gibson, J.S. Sharp, Green Holland, Alex Demoth, S.S. Vinton, James Forester, George See, T.L. Gardner, Samuel Moore and E.S. Weaver, twelve good and lawful men being duly elected, tried and sworn having heard the evidence and instructions of the Court, upon their oath Say: "We the Jury find the issues for the Plaintiff." It is therefore considered by the Court that the said Hornbeak have nothing by his said interplea and that the Plaintiff go hence wIthout day, and that Plaintiff have and recover of said J.F. Hornbeak his costs herein laid out and expended and that he have execution therefor. It is also considered by the Court that said Defendant confesses the petition of Plaintiff and the matters therein stated to be true, and that Plaintiff ought to have a decree according to the prayer of the Plaintiff and for the further consideration therein, the cause is continued until the next term of this Court at which time the decree will be made final unless good cause be shown to the contrary.
p 70. Wednesday February 22, 1860.
Barnes and Ousterhout vs Hush and Demoth -- motion to Quash sustained by Court.
Barnes and Ousterhout vs John Hursh and Demoth -- cause, by Plaintiff's attorney, dismissed as to John Hursh.
Benjamin W. Cannefax Plaintiff
vs Civil Action
Lewis A.D. Crenshaw Defendant
Now at this day comes the Parties by attorney and having announced themselves ready for trial thereupon comes a Jury viz: Z. Sims, J.J. Bradley, Samuel Whitlock, R.Q. Banfield, Eber Compton, John Gott, T. Carter, R.A. Abernathy, R.C. Graves, L. Nichols, William Edenbo and S.H. Towbudger, twelve good and lawful men who being elected, tried and sworn to try the issue found. Having heard the evidence and instructions of the Court upon their oath say "We the Jury find the issues for the Plaintiff and assess his damage at $12.25." It is therefore considered and adjudged by the Court that the said Plaintiff have and recover of and from the said Defendant his said sum of $12.25 damages and also costs of such laId out and expended and that he have an execution therefor.
p 71.
Ancil Lawson Plaintiff
vs Civil Action
J. & E. Leathers adms of
Theophilus Leathers, Deceased Defendants
Now at this day again comes the Jury impannelled in this cause and upon their oath say "We the Jury find the issues for the Defendant." It is therefore considered and adjudged by the Court that the said Plaintiff have nothing by his said suit and that the said Defendant be discharged hereof and recover of and from said Plaintiff his costs laid out and expended in this behalf and that he have execution therefor.
177
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
January Term 1860
p 71.
Daniel Jackson
vs Sheriff's Deed
N.C. Noe
Now at this day comes Henry Matlock who is known to the Court as the Sheriff of Greene County and the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to B.L. Hendrick for Lots 5 and 20 in Hendricks and Jones addition to Springfield sold by virtue of an execution in the above entitled cause and the said Henry Mattock acknowledged that he executed and delivered the same for the purposes and uses therein contained.
p 72.
J.R. Edwards adm Plaintiff
vs Civil Action
William J. Cannefax et al Defendant
Now at this day comes the said PlaIntiff by attorney and by leave of the Court says he will dismiss this suit. It is therefore considered by the Court that the Plaintiff take nothing by his suit and that the Defendants have and recover of and from the said Plaintiff his costs laid out and expended and that he have execution therefor.
Ordered by the Court that Court adjourn until Monday the 4th day of June 1860 at which time there will be an adjourned Term of this Court held In continuation of this present regular term.P.H. Edwards CircuIt Judge.
178
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