Springfield-Greene
County LibraryJanuary Term 1864
Book F
p 293.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri and in Open Court and acknowledged that he executed a Deed to Michial M. Sweeney to the following described real estate, viz: Lot 36 in Hendricks & Jones Addition to the City of Springfield, Greene County, Missouri, said M. Sweeney being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of the Bank of The State of Missouri and against Nicholas F. Jones and George M. Jones.
p. 294
Nowat this day comes Thomas A. Reed, Sheriff of Greene County, Missouri in to Open Court and acknowledged that he executed a Deed to Daniel Chandler to the following described real estate, viz: NW 1/4 of NE 1/4 Section 4 Township 28 Range 23 in Greene County Missouri, said Chandler being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of The Bank of the State of Missouri and against Wiley B. Roper, J.T. Abernathy and John Dixon.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, in to Open Court and acknowledged that he executed a Deed to the Bank of the State of Missouri to the following described real estate, viz: NW 1/4 of NW 1/4 SW 1/4 of NW 1/4, NE 1/4 of NW 1/4 and SE 1/4 of NW 1/4 Section 12 and SE 1/4 of NW 1/4 Section 23 all in Township 28 Range 22, Greene County, Missouri, said Bank of the State of Missouri being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of John L. Holland and A.F. Bigbee and against John Lair.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, in to Open Court and acknowledged that he executed a Deed to John J. Campbell to the following described real estate, viz: SW 1/4 of SE 1/4 Section 17 Township 28 Range 22 in Greene County State of Missouri, said Campbell being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of the Bank of the State of Missouri and against Dewit C. Smith.
p 295.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, in to Open Court and acknowledged that he executed a Deed to the Bank of the State of Missouri to the following described real estate, viz: The E 1/2 Lot 4 NE fcl 1/4 Lot 3 NE fcl 1/4 , the W 1/2 Lot 3 NW fcl 1/4 Lot 4 NW fcl 1/4, E 1/2 Lot 3 NW fcl 1/4 Section 1, the E 1/2 Lot 3 NE fcl 1/4, the W 1/2 Lot 5 NE fcl 1/4 Section 2, the E 1/2 of NW 1/4, the W 1/2 of the SW 1/4 and the E 1/2 of the SW 1/4 Section 12 all in Township 29 Range 22 in Greene County, State of Missouri, said Bank of Missouri being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favorof Bank of the State of Missouri against Patrick R. Smith and Dewit C. Smith.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, in to Open Court and acknowledged that he executed a Deed to the Bank of the State of Missouri, to the following described real estate, viz: the NW 1/4 of SE 1/4 the NE 1/4 of SE 1/4, the SE 1/4 of SW 1/4 Section 32 and the SE 1/4 of NE 1/4 of Section 33 all in Township 29 Range 22 in Greene County, State of Missouri, said Bank of Missouri being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Henry Matlock and against Benjamin W. Cannefax.
96
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 295.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, in to Open Court and acknowledged that he executed a Deed to Daniel Chandler to the following described real estate, viz: Lots 35,37,38 in Hendricks and Jones Addition to the City of Springfield, Greene County, Missouri, said Chandler being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of The Bank of the State of Misouri and against Nicholas F. Jones and George M. Jones.
p 296.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, in to Open Court and acknowledged that he executed a Deed to N. A. H. Murphy to the following described real estate, viz: The NW 1/4 the NW 1/4 SE 1/4 SW 1/4 SE 1/4 in Section 34 and W 1/2 of SE 1/4 of SE 1/4 Section 34, the SE 1/4 of SE 1/4 and 7 acres on South end of NW of SE 1/4 Section 27 all in Township 29 and NW 1/4 of SE 1/4 Section 17 Township 28 all in Range 22, Greene County, Missouri, said Murphy being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Henry Matlock and against Benjamin W. Cannefax.
p 296/297.
Elizabeth Crunch Plaintiff
vs Civil Action by Attachment
William R. Saye Defendant
Now at this day comes the Plaintiff by attorney and by leave files his petition affidavit and bond which is approved by the Court and it appearing to the satisfaction of the Court that the Defendant cannot be summoned in this action. It is therefore ordered by the Court that publication be made notifying hirn that an action has been commenced against him by petition and attachment in the Greene Circuit Court in the State of Missouri founded on 2 promissory notes, one dated March 6th 1860 due 60 days after date for the sum of $500 payable to Charles Crouch and assigned to Plaintiff by endorsement thereon. on the back of said note is a credit of $40.60 dated April 14th 1860. Also, the following received on tae within 30 this May 7th 1860; and one note dated 6th March 1860 payable on or before the 25th day of December thereafter for $700 bearing interest at the rate of 10% per annum after due until paid payable to Charles Crouch and transferred to Plaintiff by endorsement thereon, and unless he appears at the next term of this Court to be holden at the Court House in Springfield on the first Monday in August 1864 and on or before the 6th day thereof (if the term shall so long continue if not then before the end of the term) plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered accordingly. And it is further ordered by the Court that a copy hereof be published in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court.
p 297/298.
Lindsey Nichols admin of William
Lower, deceased Plaintiff
vs Civil Action
James T. Abernathy & Jesse N. Redfearn Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants have been duly served with process as required by Law and having failed to plead, answer or demur to Plaintiff's petition and the same being founded on two promissory notes signed by Defendants and the amount ascertained thereby, the Court doth find from an examination of the same that the Defendants are indebted to the
(continued)
97
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 297/298 (continued)
Plaintiffs in the sum of $280 debt and $98.60 damage.It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants his said debt and damage and also his costs in this behalf laid out and expended and that he have execution therefor.
p 298.
L. Nichols, admin Plaintiff
vs Civil Action
J.T. Abernathy et al Defendants
At this day comes the Plaintiff by attorney and on his application leave is given to withdraw the notes sued on by leaving a copy of the same attached with the original papers in this cause,
State of Missouri Plaintiff
vs Civil Action
E. Friebourg Defendant
Now at this day comes on to be heard the motion to arrest judgment heretofore filed in this cause and all and singular the premises being seen and fully understood by the Court said motion is by the Court overruled to which ruling of the Court the Defendant excepts.
Now at this day William Reynolds one of the Jurors having shown to the Court that he was unable to attend said Jury is by the Court dismissed.
p 298/299
State of Missouri Plaintiff
vs Selling Liquor Without License
John Foster Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant by attorney and for a plea says he is guilty in manner and form as charged in the Indictment. It is therefore considered and adjudged by the Court that Defendant be fined $10 for the commission of said offence and that the State have and recover of and from Defendant the said sum of $10 as well as costs in this behalf laid out and expended for which execution may issue and Defendant be remanded into custody of the Sheriff until fine and costs are paid.
p 299.
J.L. McCraw Plaintiff
vs Civil Action
J. Leedy et al Defendants
Now at this day comes the Plaintiff by attorney and suggests the death of Abel Neaves and Thomas G. Neaves.
State of Missouri Plaintiff
vs Keeping Gambling Device
J.H. Fagg Defendant
Now at this day returns into Court the Jury in this cause and through their foreman in Open Court return their verdict which is in words and figures as follows, viz: "We the Jury find the Defendant guilty and assess the fine at $40 and imprisonment five minutes.J.A. Keltner." It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant the said sum of $40 as well as costs in this behalf laid out and expended for which execution may issue and that Defendant be remanded into custody of the Sheriff until fine and costs are paid and that Defendant be imprisoned for the said space of five minutes.
98
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 299/300.
State of Missouri Plaintiff
vs Felonious Assault
N.S. Richmond Defendant
Now at this day comes N.S. Richmond as principal and J.H. Fagg, Thomas J. Andrews and W.M. Armstrong as his Securities and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $200 to be levied of their respective goods and chattels, lands and tenements but to be void on conditior that the said N.S. Richmond shall pay to the County of Greene the sum of $100 it being the amount of a fine assessed against him for committing a felonious assault and also costs in this suit and that he shall pay said money within the next 60 days otherwise to remain in full force.
State of Missouri Plaintiff
vs Gaming
William L.B. Lay Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant in his own proper person and by attorney and the Defendant for a plea says that he is guilty in manner and form as charged in the Indictment. It is therefore considered and adjudged by the Court that the Defendant be fined $10 for commi ting said offence and that execution may issue therefor and Defendant be ordered in to the hands of the Sheriff until fine and costs are paid.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John W. Waddill C.J.
Springfield, Missouri, January 29th, 1864 Court met pursuant to adjournment
Present as on yesterday.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri in to Open Court and acknowledges that he executed a Deed to William H. Overstreet to the following described real estate, viz: the SW 1/4 of the NW 1/4 the SE 1/4 of the NW 1/4 and the NW 1/4 of the SE 1/4 of Section 36 Township 39 Range 22 in Greene County, State of Missouri, said Overstreet beingthe purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of John Dade and against Thomas D. Wooten.
p 301.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri in to Open Court and acknowledges that be executed a Deed to John Headlee to the following described real estate, viz: the SE 1/4 and W 1/2 of the SE 1/4 and part of the SE 1/4 of SE 1/4 of Section 36 Township 31 Range 21 in Greene County, State of Missouri, said Headlee being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Brigg G. Simms and against Thomas Z. Sims.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, in to Open Court and acknowledges that he executed a Deed to Calvin M. Cloud to the following described real estate, viz: The SE 1/4 of the NW 1/4 of Section 26 in Township 28 Range 21 lying in Greene County, State of Missouri, said Cloud being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Bedford W. Henslee and Jasper N. Clark and against Shelton A. McKinney, Jesse S. McKinney and Bedford N. McKinney.
99
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 301.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, in to Open Court and acknowledges that he executed a Deed to William W. Woodward to the following described real estate, viz:the NE 1/4 of NW 1/4 of Section 29 Township 30 Range 22 in Greene County, State of Missouri said Woodward being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Ann E. Young, admin, John Young Deceased and against William S. Baxley.
p 301/302.
State of Missouri Plaintiff
vs Treason Against The State
W.L. Chapman Defendant
Now at this day comes W.L. Chapman as principal and W.B. Farmer and W.B. Anderson as his securities and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $2000 to be levied of their respective goods and chattels, lands and tenements but to be void upon condition that the said William L. Chapman shall be and make his personal appearance before the Judge of our Greene Circuit Court at the next term thereof which will be begun and held at the Court House in the town of Springfield, Greene County, Missouri, on the first Monday in August 1864 on the first day thereof and answer an Indictment preferred against him by the Grand Jury for said County and State and not depart said Court without leave otherwise to remain in full force.
p 302.
State of Missouri vs E. Friebourg. Selling Goods Without License -- Defendant files Bill of Exceptions.
State of Missouri vs J.H. Fagg. Selling Goods Without License -- Defendant gives notice he will take an appeal.
Now at this day comes the Grand Jury and in Open Court through their foreman and in presence of Jury return 30 Bills of Indictment, which were by the Court filed and capias issue.
p 303. 29th January 1864.
State of Missouri Plaintiff
vs Treason Against The State
W.L. Chapman Defendant
Now at this day the motion heretofore filed to quash the Indictment in this cause having been argued and duly considered by the Court said motion is by the Court sustained.It is therefore considered by the Court taht Defendant have and recover of and from Plaintiff his cash in this behalf laid out and expended and upon suggestion of the Circuit Attorney that a Bill of Indictment might be found is ordered to be retained under the bonds given in t his cause.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, in to Open Court and acknowledges that he executed a Deed to John Gibboney to the following described real estate, viz: W 1/2 Lot 1 NW fcl 1/4 and E 1/2 Lot 1 Nw fcl 1/4 of Sect 1 TWP 29 Range 22 in Greene County, State of Missouri, said Gibbony being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Nancy Davis and against Newlin A. Davis.
100
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 303.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri in to Open Court and acknowledges that he executed a Deed to William Massey to the following described real estate, viz: the SE 1/4 of SW 1/4 Section 28 Township 29 Range 22 in Greene County, State of Missouri, said Massey being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Henry Matlock and against Benjamin W. Cannefax.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, in to open Court and acknowledges that he executed a Deed to Jacob B. Winger to the following descrived real estate, viz: The NW 1/4 of NW 1/4 of Section 36 Township 29 Range 22 in Greene County, State of Missouri, said Winger being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favorof John Dade and against Thomas D. Wooten.
p 304.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, in to open Court and acknowledges that he executed a deed to Pleasant W. Rudd to the following described real estate, Viz: Lot No 1 Township 29 Range 21W (no Section listed), said Rudd being the purchaser of said land under an execution issued from the Clerk's Office ofthe Circuit Court of said County and State for the purpose of making partition among the heirs of James Jeffries, deceased.
p 305.
State of Missouri Plaintiff
vs Grand Larceny
Thomas A. Booker Defendant
Now at this day it appearing to the satisfaction of the Court that Thomas Booker is now confined in the County Jail having been committed by N.A.H. Murphy one of the Justices of the peace for said County on charge of Grand Larceny and it further appearing that the Grand Jury had returned the papers, upon which he was committed, with the following endorsement thereon, viz: No Bill Found, Samuel Wood, foreman.It is therefore considered, adjudged and decreed by the Court that said Thomas Booker be discharged from confinement in said Jail and go hence without day.
State of Missouri Plaintiff
vs Grand Larceny
Stephen Blackman Defendant
Now at this day the Defendant appearing in his own proper person and by attorney, on motion of the Circuit Attorney the forfeiture heretofore rendered in this cause is by the Court set aside and for naught held upon Defendant paying costs in said cause.
State of Missouri Plaintiff
vs Grand Larceny
Stephen Blackman Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and by consent of parties this cause is continued untill the next term of this Court.
State of Missouri Plaintiff
vs Grand Larceny
E.J. Armstrong, W.H. Jones, M.A.
Campbell, James Vaughan as security Defendants
Now at this day comes James Vaughan by attorney in answer to a sciria facias heretofore issued in this cause and by agreement leave is given to plead by serving the
(continued)
101
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 305 (continued)
Circuit Attorney with a copy 60 days before the next term of this Court to which time this cause is continued.
Pages 306 and 307 marked "omitted by mistake" (nothing on them)
p 308.
State of Missouri Plaintiff
vs Petit Larceny
R.A.M. Rose Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own person and by attorney and both having announced themselves ready for trial the Defendant for a plea says he is not guilty in manner and form as charged in the Indictment whereupon there comes a Jury, viz: S.J. Gott, J.C. Franklin, W.R. Robberson, W.H. Mitchell, J.M. Robberson, J.W. Robberson, J.W. Roberts, Thomas Haguewood, J.J. Campbell, J. Killingsworth, James Evans, W.B. Gibson and Jesse Hall, twelve good and lawful citizens who having taken and subscribed the oath prescribed by the convention were sworn to try the issue the evidence being submitted to the Jury.They were instructed by the Judge to return a verdict of not guilty which said verdict is in words and figures as follows, viz: "We the Jury find the Defendant not guilty, Joseph Evans foreman." It is therefore considered and adjudged by the Court that the State of Missouri take nothing in her said Writ andthat Defendant go hence without day.
State of Missouri Plaintiff
vs Gaming
J.M. Powell Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty. It is therefore considered that Defendant be fined $10 and costs of this suit for the commission of said offence.It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant the said sum $10 and costs in this behalf andthat Defendant be remanded into custody of the Sheriff until fine and costs are paid.
State of Missouri Plaintiff
vs Disturbing the Peace Of Religious Meeting
Peter Coble Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion to set aside the forfeiture heretofore rendered in this cause.
p 309.
State of Missouri Plaintiff
vs Recognizance of Witness
Frank Black Defendant
Now at this day comes Thomas H. Booker as principal and J.B. Booker and John Booker as securities and acknowledge themselves each 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 but to be void upon condition that the said T.H. Booker shall be and appear before the Judge of our Greene Circuit Court at the next term thereof (and the first day of said term) which will commence on the first Monday in August A.D. 1864 and will be held at the Court House in Springfield, Greene County, Missouri, then and there to testify in the cause when the State of Missouri is plaintiff and Frank Black is Defendant and not depart said Court without leave.
102
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 310.
C. Sheppard and et al Plaintiff
vs Civil Action
J.F. Abernathy Defendant
Now at this day it is ordered by the Court Thomas A. Reed Garnishe in this cause be allowed the sum of $5 a fee for his answer to interrogations in this cause to be paid out of money now in his hand.
Joseph B. Brown Plaintiff
vs Civil Action
Joseph B. Kimbrough, John S. Kimbrough
& Charles Sheppard Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly notified by publication and personal service 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 the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $375 debt and also $82.80 for damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment bear 10% interest per annum.
p 311.
John H. Barnes Plaintiff
vs Civil Action
N.G. Barnes 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 by publication with process as the law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendant, the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $66.70 debt and also $2.35 for his damage. It is therefore considered by the Court that plaintiff have and recover of and from the Defendant his costs, said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and the following described real estate NE 1/4 NE 1/4 Section 8 Township 30 Range 20 attached as the property of Defendant and all or so much therefore as is necessary be sold to satisfy the same.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill C J
Springfield, Missouri, January 30th 1864 Court met pursuant to adjournment. Present as on yesterday.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to James M. Peacher to the following described real estate, viz: Beginning at Allen Fuldens SW corner on College Street, City of Springfield, Greene County, Missouri, thence West to an alley, Thence North along said alley to Olive Street, thence East along said street to Allen Fuldens NW corner, thence South with Fuldens line to the beginning, said Peacher being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State, in favor of Samuel Caldwell and against Solomon C. Vaughan.
103
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 312.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to Bank Of The State Of Missouri to the following real estate, viz: the SE 1/4 of the SW 1/4 and SW 1/4 of SW 1/4 of Section 13 Township 28 Range 23 in Greene County, State of Missouri, said Bank Of The State Of Missouri being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of The Bank Of The State of Missouri and against Meredith N. Carter.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to James S. McQuerter to the following described real estate, viz: the NW 1/4 the SE 1/4 of NW 1/4, the SE 1/4 of SW 1/4, the NE 1/4 of SW 1/4 of Section 34 Township 29 Range 22 in Greene County, State of Missouri, said McQuerter being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Henry Matlock and against Benjamin W. Cannefax.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to John B. Perkins to the following described real estate, viz; the SE 1/4 of NE 1/4 Section 21 Township 28, the NE 1/4 the NW 1/4 of SE 1/4 Section 32 the SE 1/4 of SE 1/4, the SW 1/4 of SW 1/4 Section 30 Township 29, the NE 1/4 of NW 1/4 Section 5 Township 28, the NW 1/4 of NW 1/4 and SE 1/4 of NW 1/4, the NW 1/4 of NE 1/4 and the W 1/2 of NE 1/4 of SE 1/4 Section 34 Township 29 all in Range 22, Greene County, Missouri, said Perkins being purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Henry Matlock and against Benjamin W. Cannefax.
p 313.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to William B. Logan to the follow ing described real estate, viz: SE 1/4 of NW 1/4 NE 1/4 of NW 1/4 Section 22, the SE 1/4 of SW 1/4 and the NE 1/4 of SW 1/4 Section 10 in Township 29 Range 22.The SE 1/4 of SE 1/4 and SW 1/4 of SE 1/4 of Section 21 Township 29 Range 22 in Greene County, State of Missouri, said Logan being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Logan and Morton and against John Lair.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to Harrison J. Lindenbower to the following described real estate viz: the NE 1/4 of the NE 1/4 the SW 1/4 of NE 1/4, the NW 1/4 of NE 1/4, the NE 1/4 of SE 1/4 of NE 1/4 and NE 1/4 of NW 1/4 Section 33, the NE 1/4 of SW 1/4 Section 32 all in Township 29 Range 22. The NW 1/4 of NE 1/4, the SE 1/4 of NE 1/4, the SW 1/4 of NE 1/4, the NE 1/4 of NE 1/4, the SE 1/4 of NW 1/4, the NW 1/4 of SW 1/4 Section 3 Township 28 Range 22 lying in Greene County, State of Missouri, said Lindenbower being the purchaser of said land under an execution issued from the Clerk's Office of the CircuitCourt of said County and State in favor of Henry Matlock and against Benjamin W. Cannefax.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to John M.Hall to the following described real estate, viz: the W 1/2 of Lot 26 Block 7 in the City of Springfield in Greene County, in the State of Missouri, said Hall being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Joseph Farmer and against John Lair and Lemuel H. Freeman.
104
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM l864
p 314.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to the Bank of the State of Missouri to the following described real estate, viz: the SE 1/4 of SE 1/4 of SE 1/4 Section 36 Township 29 Range 22 in Greene County in the State of Missouri, said Bank being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Bank of the State of Miss0uri and against Thomas D. Wooten.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to Bank of the State of Missouri to the following described real estate, viz: the SE 14 of NE 1/4 Section 6 Township 28 the NW 1/4 of NW 1/4 of NW 1/4 Section 33 Township 29 all in Range 22 in Greene County, State of Missouri said Bank being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of The Bank of the State of Missouri and against Benjamin J. Cannefax.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a deed to John W. Boren to the following described real estate, viz: NE 1/4 of NE 1/4 of Section 6 Township 28 Range 22 in Greene County, State of Missouri, said J.W. Boren being the purchaser of said land under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of the Bank of the State of Missouri and against Benjamin W. Cannefax and Samuel Fulbright.
p 314/315.
W.H. Henslee Plaintiff
vs Civil Action
Eli G. Paris admin de bondis
non of estate of John Young, dec'd. Defendant
Now at this day this cause coming on to be heard and the cause having been of Counsel in this cause a change of venue is awarded to the Probate and Common Pleas Court of Greene County, Missouri by consent of parties.
p 315.
State of Missouri Plaintiff
vs Gaming
Samuel Andrews, W.N. Armstrong,
George W. Patterson, Jonathan Shockley,
James H. Rountree, C.H. Bailey Defendants
Now at this day comes the Circuit Attorney who prosecutes and the Defendants by attorney and for a plea say they are not guilty in manner and form as charged in the Indictment. And the Plaintiff and Defendants having announced themselves ready for trial thereupon comes a Jury, viz: J.L. Carson, T.D. Fain, E. Painter, D.K. Williams, J. Stipe, J. Dennis, D.R. Riggs, W.H. Burden, J. Brashears, J.E. Mathis, H.J. Cain and J. Baughman, twelve good and lawful men who having taken the oath and subscribed to it prescribed by the convention were duly sworn to try the issue after having heard the evidence and received the instructions of the Court retired to consider of their verdict upon returning into Court through their foreman in the presence of the Jury returned the following verdict, viz: "We the Jury find the Defendants not guilty. W.H. Burden foreman." It is therefore considered by the Court that Defendants have and recover of and from Plaintiff their costs in this behalf laid out and expended, that Defendants be discharged hereof and go hence without day.
105
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 316.
J.W. Perry, et al Plaintiff
vs Civil Action
A. Payne Defendant
Now at this day it appearing to the satisfaction of the Court that this cause had heretofore dismissed because the Plaintiff had failed to give security for costs in this cause.It is therefore considered by the Court that Plaintiff have leave to withdraw his deeds filed with the original papers in this cause.
State of Missouri Plaintiff
vs Grand Larceny, 2 cases
Frank Black Defendant
Now at this day comes the Defendant into Court in the custody of the Sheriff of Greene County, Missouri.It is therefore ordered by the Court that Defendant be taken hence and committed to the County Jail unless he shall give two bonds in the sum of $1000 each with two good sufficient securities.
p 316/317.
State of Missouri Plaintiff
vs Gaming
W.M. Armstrong Defendant
Now at this day comes W.M. Armstrong and N.A.H. Murphy as his security and acknowledge themselves each 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 but be void on condition thatthe said W.M. Armstrong be and make his personal appearance before the Judge of our Greene Circuit Court at the next term thereof which will commence and be held at the Circuit Court in Springfield, Greene County, Missouri, on the first Monday in August 1864 on the first day thereof answer to an Indictment Preferred against him by the Grand Jury of said County for unlawful gaming and not depart said Court without leave otherwise to remain in full force.
p 318.
State of Missouri Plaintiff
vs Gaming
William Chester Defendant
Now at this day comes the Defendant by attorney and by leave of Court for a plea says he is guilty in manner and form as charged in the Indictment.It is therefore considered by the Court that the said Defendant be fined $10 for the commission of said offence and that the State of Missouri have and recover of and frorn Defendant her said fine of $10 as well as costs in this behalf laid out and expended for which execution may issue and Defendant be placed in the Custody of the Sheriff until fine and costs are paid.
State of Missouri Plaintiff
vs Gaming
J.B. Wilkerson Defendant
Now at this day comes the Defendant by attorney and by leave of the Court for a plea says he is guilty in manner and form as charged in the Indictment.It is therefore considered by the Court that said Defendant be fined $10 for the commission of said offence and that the State of Missouri have and recover of and from Defendant her said fine of $10 as well as costs in this whereof laid out and expended for which execution may issue and Defendant be placed in the custody of the Sheriff until fine and costs are paid.
106
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 320 (cont)
appearance before the Judge of our Greene Circuit Court at an adjourned Term of the Court to be held at the Court House in Springfield, County and State aforesaid, commencing on the 30th day of September 1863 then and there to answer to a Bill of Indictment preferred against him by the Grand Jury of said County for Gaming and not depart said Court without leave and the said W.H. Worrell being thrice called and required to bring in to Court the body of the said Joseph oneal in obedience to his said recognizance came not but also made default. It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and a sciria facias be issued to the said Joseph oneal and W.H. Worrell requiring them to be and appear at the next term of the Greene Circuit Court at a Court to commence on the first Monday in August 1864 and show cause if any they have why judgment should not be rendered against them for the said sum of $100 and cost of this suit and execution issue therefor.
Ordered by the Court that Court adjourn till Monday Morning 9 o'clock.
John S. Waddill C.J
p 321.
Springfield, Missouri, February 1st 1864 Court met pursuant to adjournment.
Present as on Saturday.
Sheppard, Kimbrough & Weaver, a firm
composed of Charles Sheppard, J.B.
Kimbrough, Edwin L. Weaver Plaintiffs
vs Civil Action
Franklin J. Abernathy Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that Defendant had been served with notice by publication in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion at least four weeks before the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on two promissory notes signed by Defendant the Court doth find from an examination of the same that Defendant is indebted to Plaintiffs in the sum of $76.87 debt also $25 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 cost in this behalf laid out and expended and that execution issue therefor.
Sheppard, Kimbrough & Weaver, a firm
composed of Charles Sheppard, J.B.
Kimbrough, Edwin L. Weaver Plaintiffs
vs Civil Action
F.J. Abernathy Defendant
Thomas A. ReedGarnishee
Now at this day comes the Plaintiffs by Attorney and it appearing from the affidavit of the Garnishee to the answers heretofore filed that the said Garnishee has in his hands funds to the amount of $85.82 an overplus on the sale of real estate of Defendant. It is therefore considered by the Court that Plaintiffs have and recover of and from said Defendant the said sum of $85.82 and that the said Thomas A. Reed Garnishee be allowed $5 for answering in this cause and that he is hereby authorized to retain said sum of $5 out of the amount he has herein answered and execution shall issue for $80.82.
107
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 318.
State of Missouri Plaintiff
vs Gaming
H. Jones Defendant
Now at this day comes the Defendant by attorney and by leave of Court for a plea says he is guilty in manner and form as charged in the Indictment.It is therefore considered by the Court that said Defendant be fined $10 for the commission of said offence and that the State of Missouri have and recover of and from Defendant her said fine of $10 as well as costs in this laid out and expended for which execution may issue and Defendant be placed in the custody of the Sheriff until fine and costs are paid.
p 319.
State of Missouri Plaintiff
vs Gaming
J.B. Cox Defendant
Now at this day comes the Defendant by attorney and by leave of Court for a plea says he is guilty in manner and form as charged in the Indictment.It is therefore considered by the Court that said Defendant be fined $10 for the commission of said offence and that the State of Missouri have and recover of and from Defendant her said fine of $10 as well as costs in this laid out and expended for which execution may issue and Defendant be placed in the custody of the Sheriff until fine and costs are paid.
State of Missouri Plaintiff
vs Gaming
Lemuel Painter Defendant
Now at this day comes the Defendant by attorney and by leave of Court for a plea says he is guilty in manner and form as charged in the Indictment.It is therefore considered by the Court that said Defendant be fined $10 for the commission of said offence andthat the State of Missouri have and recover of and from Defendant her said fine of $10 as well as costs in this laid out and expended for which execution may issue and Defendant be placed in the custody of the Sheriff until fine and costs are paid.
State of Missouri Plaintiff
vs Gaming
Oliver Scott Defendant
Now at this day comes the Defendant by attorney and by leave of Court for a plea says he is guilty in manner and form as charged in the Indictment.It is therefore considered by the Court that said Defendant be fined $10 for the commission of said offence and that the State of Missouri have and recover of and from Defendant her said fine of $10 as well as costs in this laid out and expended for which execution may issue and Defendant be placed in the custody of the Sheriff until fine and costs are paid.
p 320.
State of Missouri Plaintiff
vs Gaming
Joseph oneal Defendant
Now at this day comes the Circuit attorney who prosecutes for the State and the Defendant having been thrice called came not but made default and it appearing to the satisfaction of the Court that the Defendant Joseph oneal on the 19th day of August 1863 entered into recognizance to the State of Missouri in the sum of $100 with W.H. Worrell as his security to be void on condition that said Joseph oneal be and make his personal
(continued)
108
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 322.
John Ramey, guardian of the minor
heirs of W. Martin, Deceased Plaintiff
vs Civil Action
C.S. Bodenhamer and John Breedlove Defendants
Now at this day comes by attorney and it appearing to the satisfaction of the Court that the Defendant Breedlove has been duly served with process as the Law directs and that Defendant C.S. Bodenhamer had been notified by publication in the Springfield Journal for four successive weeks the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendants, the Court doth find from an examination of the same that Defendants are indebted to the Plaintiff in the sum of $150.87 debt also $26.60 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 cost in this behalf laid out and expended and that execution issue therefor.
p 323.
State of Missouri Plaintiff
vs Gaming
Garnett Maupin Defendant
Now at this day comes the Defendant and James Maupin, D. Hightower as his securities and acknowleges themselves each 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 but to be void upon condition that the said Garnett Maupin shall be and make his personal appearance before the Judge of our Greene Circuit Court at the next term there of which will be begun and held on the first Monday in August A.D. 1864 at the Court House in Springfield, Greene County, Missouri, and on the first day thereof answer to a Bill of Indictment preferred against him for unlawful gaming and on the first day thereof and not depart said Court without leave otherwise to remain in full force.
State of Missouri Plaintiff
vs Gaming
James Maupin Defendant
Now at this day comes the Defendant in his own proper person and for a plea says he is guilty. It is therefore considered by the Court that Defendant be fined $10 for committing said offence and that the State of Missouri have and recover of and from Defendant her said sum of ten dollars and costs in this behalf laid out and expended for which execution may issue and Defendant be remanded into custody of the Sheriff until fine and costs are paid.
p 324.
State of Missouri Plaintiff
vs Selling Goods Without License
L.E. Greene Defendant
Now at this day comes the Circuit Attorney and the Defendant by attorney and by leave of Court for a plea says he is guilty as charged in the Indictment. It is therefore considered by the Court that the Defendant be fined the sum of $50 for committing said offence and that the State of Missouri have and recover of and from Defendant the said sum of $50 and costs in this behalf laid out and expended and that execution issue therefor.
109
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 325.
J.T. Campbell Plaintiff
vs Civil Action
L.A. Campbell Defendant
Now at this day comes on to be heard the interplea of R.J. McElhaney heretofore filed in this cause and all and singular the premises being seen and fully understood by the Court said interplea is by the Court sustained and said R.J. McElhaney made a party Defendant in this cause.
Bank of Missouri Plaintiff
vs Civil action
W.A. Campbell, et al Defendants
Now at this day comes on to be heard the Demurer of E.G. Paris as admin de bonis non of the estate of John Young deceased heretofore filed in this cause and all and singular the premises being seen and fully understood by the Court said demurer is by the Court sustained.
pages 326 and 327 blank.
p 328.
State of Missouri Plaintiff
vs Recognizance to Keep the Peace
Susan King Defendant
Now at this day comes the Circuit Attorney and says he is unwilling to further prosecute this cause but suffer the same to be dismissed.It is therefore considered by the Court that the State of Missouri take nothing by her said writ and that Defendant go hence without day.
p 328/329.
State of Missouri Plaintiff
vs Gaming
Thomas J. Andrews Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty as charged in the indictment.It is therefore considered by the Court that Defendant be fined $10 for the commission of said offence and that the State of Missouri have and recover of and from the Defendant said sum of $10 and his costs in this behalf laid out and expended for which execution may issue and Defendant be remanded into custody of the Sheriff until fine and costs are paid.
p 329.
State of Missouri Plaintiff
vs Gaming
J.J. McQuerter Defendant
Now at this day comes the Circuit Attorney and the Defendant by attorney who for a plea says he is guilty in manner and form as charged in the Indictment.It is therefore considered by the Court that Defendant be fined $10 for committing said offence and the State of Missouri have and recover of and from the Defendant her said sum of $10 as well as costs in this behalf laid out and expended.
State of Missouri Plaintiff
vs Gaming
W. McQuerter Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty as charged in the indictment.It is therefore considered by the Court that the Defendant be fined $10 for the commitment of said
(continued)
110
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 329 (continued)
offence and that the State of Missouri have and recover of and from the Defendant her said sum of $10 as well as costs in this behalf laid out and expended and that the Defendant be remanded into custody of the Sheriff until fine and costs are paid.
State of Missouri Plaintiff
vs Gaming
C.H. Bailey Defendant
Now at this day comes the Circuit Attorney and says he is unwilling to further prosecute this cause but suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said writ and that Defendant go hence without day.
p 330.
State of Missouri Plaintiff
vs Gaming
J.H. Fagg Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and for a plea says he is not guilty whereupon comes a Jury, viz: W.A. Norman, D.R. Riggs, J.J. Campbell, W.F. McCormick, M. Norman, H.J. Rose, B. Russell, T.D. Fain, J. Squibb, Jesse Kelly, J. Baughman and T. Wilson, twelve good and lawful men who having taken and subscribed to the oath prescribed by the convention were sworn to try the issue, after having heard the evidence and received their instructions of the Court retired to consider of their verdict, upon returning into Court they, through their foreman and in the presence of the Jury, returned the following verdict "We the Jury find the Defendant not guilty as charged in the Indictment, Jacob Baughman, foreman." It is therefore considered by the Court that the State of Missouri take nothing by her said writ and that Defendant go hence without day.
p 331.
State of Missouri Plaintiff
vs Grand Larceny
Thomas C. Blakey Defendant
Now at this day it appearing to the Court that the Circuit Attorney has been Counsel for the Defendant in this cause, John H. Mack is by the Court appointed Circuit Attorney pro tem in this cause.
Now at this day cones the Grand Jury of Greene County into Open Court and through their foreman and in the presence of the Jury returned twelve bills of indictment which said bills were ordered to be filed and capias issued thereon.
State of Missouri Plaintiff
vs
Samuel Andrews Defendant
Now at this day comes Defendant and B.G. Andrews his security and acknowledges each to owe and stand indebted to the State of Missouri in the sum of $100 to be levied oftheir respective goods and chattels, lands and tenements and to be void upon condition that the said S. Andrews shall be and make his personal appearance before the Judge of our Greene Circuit Court at the next term thereof which will be begun and held on the first Monday in August 1864 at the Court House in Springfield, Greene County, and on the first day thereof answer the charges in a Bill of Indictment preferred against him for unlawful gaming and not depart said Court without leave otherwise to remain in full force.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
111
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