Springfield-Greene
County LibraryJanuary Term 1864
Book F
p 331.
February 2, 1864
Court met pursuant to adjournment. Present as on yesterday.
p 332/333/334/335.
James Eastham Plaintiff
vs Civil Action
Jarvis M. Barker, William L. Hancock,
Robert W. Crawford Defendants
Now at this day comes the Plaintiff by attorney and this cause coming on to be heard the Plaintiff's attorney dismisses this cause as to Jarvis M. Barker and it appearing to the Court that the Defendant William L. Hancock has been duly notified of the commencement of this action by publication in the Springfield Journal, a newspaper published in Greene County, Missouri, for four weeks successively, the last insertion being more than four weeks before the first day of the present term of this Court and it further appearing to the Court that the Defendant, Robert W. Crawford, has been duly served with process by delivering a copy of the Writ and petition to a white person, a member of this family over the age of fifteen years at his usual place of abode in Lawrence County, Missouri, more than 15 days before the first day of the present term of this Court that the Defendants and each of them have failed to plead, answer or demur to Plaintiff's petition and the Defendants severally being three times solemnly called came not but herein made default and it further appearing to the Court that this suit is founded on an instrument in writing signed by the Defendant for the direct payment of money whereby the amount is ascertained.It is considered by the Court that Plaintiff have and recover judgment final by default against the Defendants and the Court sitting as a Jury to try said cause doth find that Defendants are indebted to Plaintiff in the sum of $300 for his debt and the sum of $76.60 for his damages.And it further appearing to the Court that this suit was commenced against the Defendant William L. Hancock by attachment and publication and it further appearing to the Court that one John H. Gibson has been duly served as Garnishee on said Writ of Attachment and it further appearing to the Court by the answers of the said John H. Gibson herein filed that he has in his hands the following notes and accounts, to wit:
one note on for:
John Breedlove -- $5.80
Robert Beatie -- 8.91
Kenneth McKenzie -- 5.10
S.D. Galbraith -- 8.10
D.C. Galbraith -- 13.68
D. Jarrett -- 8.95
S.P. Fielder -- 6.95
J.S. McQuerter -- 22.02
John T. McFaran -- 12.15
J.L. Turner -- 150.36
N.B. Potter -- 20.90
William Wood -- 10.00
John D. Weatherford -- 4.38
William D. Robinson -- 8.65
R.H. Edmonson -- 39.17
Thomas Wilkinson -- 7.00
J.H. Adams -- 16.14
F.E. Wilkerson -- 4.00
Janus Harkness -- 7.62
John A. Bodenhamer -- 16.80
J.A. Cunningham -- 5.70
P.C. King -- 40.47
(continued)
112
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 332/333/334/335 (cont)
one note on:
R.A. Dillard for -- $ 24.94
J.O. Gray -- 6.25
Hiram Vaughan -- 28.14
Calvin Henslee -- 18.95
F.E. Waterson -- 19.13
Josiah Cunningham -- 10.25
J.C. Conley -- 13.43
John F. Norton -- 13.90
James H. Reese -- 7.37
M.J. McSpadden -- 15.25
James T. Johnson -- 10.92
Robert W. Cloud -- 37.00
Daniel Null -- 10.75
David B. Pratt -- 5.50
James W. Williams -- 9.62
George C. Crismon -- 14.98
A.F. Ingram -- 6.30
James S. McQuerter -- 68.81
Truelove White -- 14.11
William H. McAdams -- 5.00
William R. Roberson -- 12.63
Abel Chaffin -- 2.50
James H. Rhea -- 21.53
Mrs C. Alfred -- 19.92
H.H. Neaves -- 7.65
N.F. Jones -- 24.66
Thomas R. Bridges -- 65.67
Thomas S. Dulen -- 14.00
W.M. Shipley -- 3.00
John B. Bedelinder -- 11.00
James Florence -- 8.80
James Vaughan -- 6.65
Elijah Gray -- 2.00
John Shelton
one receipt on W.M. Armstrong -- C C S for the Collection
of a note on James N. Deeds -- 22.00
one account on John II. Caynor -- 104.62
one bal William Paxton -- 1.00
William Henslee -- 45.28
James Norfleet -- 2.00
John H. Caynor -- 4.62
John H. Caynor -- 5.82
B.W. Henslee -- 6.45
I received $62 from David Gibson and Francis Davis and at the request William A. Gibson one of the firm of Gibson, Hancock and Co., paid $40 of that amount to Miss Jennings which by the original articles of agreement herein filed between William A. Gibson, W.L. Hancock and John Gibson the said William L. Hancock owns and is entitled to an interest of twenty fifty ninth parts.And it is also appearing by said answer that since the service of said Garnishee the said John H. Gibson has collected the sum of $62 belong to William A. Gibson, William L. Hancock and John Gibson and in and to which William L. Hancock has an interest equal to twenty fifty ninths parts. It is considered by the Court that the Plaintiff have and recover of and from the said Defendants the sum of $300 for his debt and the said sum of $76.61 for his said damages for which a general execution may issue as to the said Robert W. Crawford and a special
(continued)
113
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 332/333/334/335 (cont)
execution may issue the said William L. Hancock to be satisfied out of William L. Hancock's share of the proceeds of the said notes accounts and money garnisheed and attached in the hand of the said John H. Gibson as fast as the same may be collected. And it is further ordered by the Court that said John H. Gibson deliver over to the Sheriff of Greene County twenty fifty ninth parts of all moneys heretofore collected by him, and it is further ordered by the Court that said John H. Gibson deliver over to said Sheriff all of said notes and accounts for which he may take his receipt and it is further ordered by the Court that said Sheriff proceed forthwith to collect said notes and accounts and as fast as collected that he apply twenty fifty ninth parts of all moneys collected thereon to be credited on said execution against said William L. Hancock and that he pay the other thirty nine fifty ninth parts of said money to such persons as shall or may be entitled to the same retaining from the aggregate sum for his services as said receiver and his necessary expences laid out and incurred in and about collecting and preserving said effects.And it is further ordered by the Court that said Sheriff report to the next term of this Court his acts and doings in the premises.
p 335.
Richard S. Gott Plaintiff
vs Civil Action
John McHenry Defendant
Now at this day comes on to be heard the motion heretofore filed by the Plaintiff asking for an execution against Defendant on the Judgment heretofore rendered in this cause and it appearing to the satisfaction of the Court from evidence introduced that said judgment remains whollyunpaid and due Plaintiff and that the Defendant is not a resident of this State and that notice was served at least 20 days before the commencement of this Court on the known agent of the Defendant and by posting a notice to Defendant in the Clerk's Office of this Court 20 days before the commencement of this Court notifying him that an execution would be applied for.It is therefore considered by the Court that execution issue on said judgment returnable to the next term of this Court.
p 335/336.
H.J. Lindenbower Plaintiff
vs Civil Action
Nicholas F. Jones Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing and the Defendant having been duly notified of the commencement of this action and the Plaintiff waiving a Jury the inquiry of damage ordered at the last term of this Court is had before the Court sitting as a Jury and after hearings the testimony of witnesses the Court doth find that the Plaintiff has received damages from the acts of Defendant to the amount of $1000.It is therefore considered ordered and decreed by the Court that Plaintiff have and recover of and from the said Defendant his said damage of $1000 together with cost in this behalf laid out and expended for which execution may issue.
p 336.
M.K. Mackey Plaintiff
vs Civil Action
Robert H. Williams 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 at least 15 days before first day of August 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
(continued)
114
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 336 (cont)
being founded on a transcript of a judgment heretofore rendered in this cause the Court doth find on an examination of the same that the Defendant is indebted to Plaintiff in the sum of $89 debt and also the sum of $80.10 for his damages. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from said Defendant his said debt and damage as well as cost laid out and expended for which execution may issue.
p 337 Motions filed.
p 338.
C.L. Starke Plaintiff
vs Civil Action
A. Nutt Defendant
Now at this day comes on to be heard the Bill of Injunction heretofore filed in this cause and all and singular the premises being seeen and fully understood by the Court said Bill of Injunctions is sustained upon Plaintiff giving a good and sufficient bond in the ___ of $1000 to which ruling of the Court Defendant excepts.
State of Missouri Plaintiff
vs Disturbing Peace of Religious Worship
Peter Coble Defendant
Now on motion of the Circuit Attorney this cause is continued until the next term of this Court.
p 338/339
Causes continued until next term
Thomas Tiller vs S. Adams
E. Holbrook vs T. Tiller
L.B. Hall vs George Clark
J.N. Carthel vs B.W. Cannefax
Vincent Cummings vs Jasper Rule
Peter Wilson vs R.W. Crawford
R.H. Williams vs Morrow and Hall
p 340.
Causes continued until next term:
J. Roberts vs J.H. McHenry
J.M. McHenry vs A. Johnson
J.E. Morris vs Z. Morris
R.W. Donnell Plaintiff
vs Civil Action
M. Davis and W.S. Keene Defendants
Now at this day this cause coming on to be heard the Court having been the Counsel in this cause a change of venue is awarded to the Probate and Common Pleas Court.
John Bedford Plaintiff
vs Civil Action
Coyne and Trowbridge Defendants
Now at this day the death of Plaintiff is suggested to the Court.
115
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 341.
W.H. Cornell Plaintiff
vs Civil Action
J.F. Abernathy Defendant
Now at this day this cause coming on to be heard and neither Plaintiff nor Defendant appearing this cause is by the Court dismissed for want of prosecution.
A.H. Gibbon Plaintiff
vs Civil Action
A.H. Wilson Defendant
Now at this day this cause coming on to be heard, the Court having been of Counsel in this cause a change of venue is awarded to the Probate and Common Pleas Court of Greene County, Missouri.
R.J. Ragsdale Plaintiff
vs Civil Action
J. Hill Defendant
Now at this day comes this cause to be heard and a change of venue is awarded to the Probate and Common Pleas Court, the Court having been Counsel in this cause.
p 342.
S.H. Reeder Plaintiff
vs Civil Action
W.H. Crockett Defendant
Now at this day comes this cause to be heard and a change of venue is awarded to the Probate and Common Pleas Court, the Court having been Counsel in this cause.
John Crawford Plaintiff
vs Civil Action
Sylvester Blackwell Defendant
Now at this day comes this cause to be heard and a change of venue is awarded to the Probate and Common Pleas Court, the Court having been Counsel in this cause.
p 343. February 2, 1864.
Now at this day comes the Grand Jury of Greene County into Open Court and through their foreman in the presence of the Jury returned six indictments which said bills were by the Court ordered to be filed and capias issue returnable and having no further business the said Grand Jury are by the Court discharged.
Charles Smith & James W. Vernon Plaintiffs
vs Civil Action
John Daniels & Tapley Daniels Defendants
Now at this day the Court having been of Counsel in this cause a change of venue is awarded to the Probate and Common Pleas Court of Greene County, Missouri.
William Prater & Austin Prater Plaintiffs
vs Civil Action
Isaac Dyer Defendant
Now at this day comes the Plaintiff by attorney and dismisses this suit.It is therefore considered by the Court that the Court that the Defendant have and recover of and from Plaintiffs his costs in this behalf laid out and expended for which execution may issue.
116
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 344
State of Missouri Plaintiff
vs Grand Larceny #1
Frank Black Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and by leave of Court files his affidavit for a continuance which by the Court is granted.
State of Missouri Plaintiff
vs Grand Larceny #2
Frank Black Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and by leave of the Court files his affidavit for a continuance and all and singular the premises being seen and fully understood by the Court, said continuance is awarded.
State of Missouri Plaintiff
vs Grand Larceny #3
Frank Black Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and by leave of the Court files his affidavit for a continuance and all and singular the premises being seen and fully understood by the Court, saidcontinuance is awarded.
John Wood Plaintiff
vs Civil Action
Tyree G. Newbill Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this suit. It is therefore considered by the Court that Defendant have and recover of and from the Plaintiff his costs in this behalf laid out and expended for which execution may issue.
p 345/346.
Washington Merrit Plaintiff
vs Civil Action
William C. Porter Defendant
Now at this day comes the Plaintiff by attorney and the Defendant comes not but makes default and it appearing to the satisfaction of the Court that the Defendant had been duly served with notice by publication in the Springfield Journal, a newspaper printed in the State of Missouri for four successive weeks the last insertion being at least four weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendant for the direct payment of money. The Court doth find on an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $880 debt and also the sum of $395.52 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant his said debt and damage as well as cost in this behalf laid out and expended and that a special fi fa issue therefor against the following described real estate under a Writ of Attachment issued from this Court on the property of William C.Porter, viz: NW1/4 of the SW 1/4 Section 9 and W 1/2 NW 1/4 Section 9 and part of E 1/2 of NE 1/4 of Section 8 and W 1/2 of SW 1/4 Section 4 and E 1/2 of SE 1/4 Section 5 and W 1/2 of NW 1/4 Section 4 and part of NE 1/4 Section 5 and NW 1/4 of SW 1/4 Section 9 and SE 1/4 of SW 1/4 Section 4 and SW 1/4 of SE 1/4 Section 4 all in Township 30 Range 21 containing 520 acres and all or so much thereof be sold as is necessary to satisfy said execution.
117
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 346/347.
John L. McCracken Plaintiff
vs Civil Action
Thomas M. Compton and Richard M. Jones Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Defendant Compton and Defendant Jones comes not but makes default and it appearing to the satisfaction of the Court that the Defendant R.M. Jones had been duly served with process by publication in the Springfield Journal, a newspaper published in this State for four successive weeks the last insertion of said publication being at least four weeks before the first day of the present term of this Court and having failed to plead answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money signed by Defendant the Court doth find on an examination of the same that the Defendant is indebted to Plaintiff in the sum of $1191.39 debt and also the sum of $372.26 for his damage.It is therefore considered by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage as well as cost in this suit laid out and expended and that a special fi fa issue therefor against the following described real estate levied on as the property of R.N. Jones, viz: the W 1/2 of Lot No 1 Lot No 5 of the NE fcl 1/4 and Lots No 2 and 3 and the W 1/2 of Lot No 4 of the NW fcl 1/4 of Section 3 and Lots No 3, 4 & 5 of the NE fcl 1/4 of Section 4 all in Township 29 Range 20.It having been shown to the satisfaction of the Court that said real estate had been attached on the 16th day of November 1863 by the Sheriff of Greene County, Missouri, he having been commanded to do so by an attachment issued from the office of the Circuit Court Clerk on the 16 day of November 1863 and that all or so much thereof as is necessary e sold to satisfy said execution.
p 347/348.
J.S. Moss, surviving partner ofJ.S. Moss
and Co, a firm composed of Joseph S. Moss
and Daniel D. Berry Plaintiff
vs Civil Action
John H. Miller Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly served with process at least fifteen days before the first day of the present term of this Court and having failed to plead answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendantthe Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $103.85 debt and also $34.47 damage.It is therefore considered by the Court that Plaintiffs have and recover of and from Defendant their said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment bear 10% interest per annum.
p 348.
Now at this day comes Thomas A. Reed Sheriff of Greene County, Missouri, and in Open Court acknowledges that he executed a Deed toJohn W. Jenkins to the following described real estate, viz:the NW 1/4 of the SE 1/4 of Section 6 Township 30 Range 22 in Greene County, State of Missouri, said Jenkins being the purchaser of said land under an execution issued from the Clerks Office of the Circuit Court of said County and State in favor of Henry King and against John Jenkins and James E. Hicks.
118
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 349.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, and in Open Court acknowledges that he executed a Deed to William J. McDaniel to the following described real estate, viz: S 1/2 of N 1/2 of Lot No 23 in Block 5 in the City of Spring field, Greene County, State of Missouri, said McDaniel 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 Farrier and against John Lair and Lemuel H. Freeman.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, and in Open Court acknowledges that he executed a Deed to Tillman Carter to the following described real estate, viz: SW 1/4 of NE 1/4 Section 22 Township 29 Range 22 in Greene County, State of Missouri, said Carter 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 againstBenjamin W. Cannefax and Samuel Fulbright
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, and in Open Court acknowledges that he executed a Deed to Martin J. Hubble to the following described real estate, viz: NE 1/4 of NW 1/4 of Section 34 Township 29 Range 22 and NE 1/4 of NW 1/4 of Section 3 Township 28 Range 22 in Greene County, State of Missouri, said Hubble 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 349/350.
Phillip Bennett Plaintiff
vs Civil Action
C.W. Aiken Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been notified as the law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this actionbeing 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 $23.95 debt and also $3.34 damages.It is therefore considered bv the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment shall bear 10% interest per annum.
p 350.
J.C. Eldridge Plaintiff
vs Civil Action
C.W. Aiken
Now at this day comes the Plaintiff by Attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified 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 $91.10 debt and $26.55 damage.It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment shall bear 10% interest per annum.
119
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 350, 351.
Sanford Amerman Plaintiff
vs Civil Action
C.W. Aiken Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified 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 sarne that Defendant is indebted to Plaintiff in the sum of $100 debt and also $36.40 damages.It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment shall bear 10% interest per annum.
p 351.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill C J
Wednesday February 3d 1864
Court met pursuant to adjournment present as on yesterday.
Halsey H. Baker Plaintiff
vs Civil Action by Attachment
Vergel W. Kimball Defendant
Now at this day comes the Plaintiff by attorney and it being shown to the Court that the Defendant has been duly notified of the commencement of this action by publication in the Springfield Journal, a weekly newspaper published in Springfield, Greene County, Missouri, for four weeks successively the last insertion being at least four weeks before the first day of the present term of this Court and said Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed.It is therefore considered adjudged and decreed by the Court that Plaintiff have judgment against said Defendant but it not appearing for what amount the said Plaintiff should have judgment.A Writ of Enquiry is awarded in said cause returnable to the next term of this Court, when if cause to the contrary be not shown on or before the sixth day of said term this judgment will be made final.
p 352.
The State of Missouri to the use of Elisha
Headlee, Public Administrator of Greene
County, State of Missouri, having in charge
the estate of Thomas Prunty, dec. Plaintiff
vs Civil Action
William H. Blakey, Thomas R. Bridges &
Robert C. Prunty Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified of the commencement of this action by publication in the Springfield Missourian, a weekly newspaper published in Greene County, State of Missouri, for at least four weeks the last insertion being at least four weeks before the first day of this term of Court, and said Defendants having failed to plead, answer or demur to Plaintiffs petition on or before the ninth day of Court, the same is taken as confessed and true.It is therefore considered and adjudged by the Court that Plaintiff have and recover judgment against said Defendants but it not appearing what amount Plaintiff is entitled to recover, it is adjudged that a Writ of Enquiry be issued returnable to the next term of this Court to assess Plaintiff's damage and if no cause to the contrary be shown on or before the 6th day of the next term of this Court this Judgment will be made final to which time this cause is continued.
120
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 353.
Robert Faulkner and Wiley N. Horton Plaintiffs
vs Civil Action
William C. Christian & William C.
Christian as administrator of the estate
of James H. Christian, deceased Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the full satis faction of the Court that the Defendant William C. Christian, and William C. Christian as administrator of the estate of James H. Christian has been duly notified of the commencement of this suit by Writ of Summons served with copy of the original petition at least fifteen days before the first day of the present term of Court and said Defendants having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed. It is therefore adjudged by the Court that Plaintiffs have judgment against said Defendants but it not appearing for what sum Plaintiffs ought to have judgment. It is ordered that a Writ of Enquiry of damage be issued returnable to the next term of this Court, when, if no cause to the contrary he shown on or before the sixth day of said term this judgment will be made final to which time this cause is continued.
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 Calvin M. Cloud to the following described real estate, viz: part of SW 1/4 of NW 1/4 Section 25 Township 28 Range 21 NE 1/4 of NE 1/4 and SE 1/4 of NE 1/4 Section 26 Township 28 Range 21.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 Hugh C. Wilkerson administrator of A.J. Wilkerson,
deceased and against Shelton A. McKinney and Jesse L. McKinney.
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 Theodric B. Youngblood to the following described real estate, viz:the NW 1/4 of NW 1/4 Section 4 Township 28 Range 23 said Youngblood 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 Eli T. Bray and Alexander Still and against Thomas Abernathy and Grimes A. Spillman.
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 Henry Sheppard to the following described real estate, viz: SW 1/4 of SE 1/4 Section 12 and all that portion of SE 1/4 of NE 1/4 of Section 13 lying North and West of James Fork of White River containing 25 acres more or less all in Township 29 Range 20W said Sheppard 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 Sheppard and John S. Kimbrough and against Anna R. Arnold.
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 George W. Jamison to the following described real estate, viz: beginning at the SE corner of W 1/2 of SE 1/4 Section 23 Township 29 Range 22, thence running West 58 poles, thence North 411/2 degrees, East 88 poles, thence South 66 poles 80 links to beginning, said Jamison 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 Peter Hayden and Pollock Wilson and against Charles Carlton.
121
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 354.
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 Charles Sheppard to the follow ing described real estate, viz: NW 1/4 of SW 1/4 Section 21 Township 30 Range 24, said Sheppard being the purchaser of said land under an execution issued from the Clerks Office of the Circuit Court of said County and State in favor of the County of Greene, State of Missouri and against C. Sheppard, J.B. Kimbrough, Edward L. Weaver, John Lair and John S. Kimbrough.
p 355.
Now at this day comes Thomas Reed, Sheriff of Greene County, State of Missouri and in Open Court acknowledges that he executed a Deed to S.H. Julian, S.J. Renshaw and John R. Earnest to the following described real estate, viz:part of NE 1/4 of NE 1/4 of SW 1/4 Section 11 Township 30 Range 23 bounded as follows, beginning 4 chains 76 links West of C. Hastings SE corner NW 1/4 Section 11 Township 30 Range 23 running South 121/2 degrees West 12 chains 25 links to stake, thence North 71 degrees, West 12 chains 80 links to a stake,thence North 71/2 degrees West 6 chains to Hastings line, thence North 821/2 degrees, East 15 chains 24 links to beginning corner NW 1/4 of NW 1/4 Section 11 Township 30 Range 23, SE 1/4 of NW 1/4, NW 1/4 of NW 1/4, SW 1/4 of NW 1/4, NW 1/4 of SW 1/4 Section 11 Township 30 Range 23, NW 1/4 of NW 1/4, SE 1/4 of NE 1/4 Section 10 Township 23 Range 23, NE 1/4 of NE 1/4 NW 1/4 of NE 1/4 Section 31 Township 31 Range 24, S.H. Julian, S.J. Renshaw and John R. Earnest being the purchasers 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 Missouri and against Nimrod Ford, Stephen H. Julian, Joseph Renshaw and John R. Earnest.
A.B. Matthews Plaintiff
vs Attachment
Christian S. Bodenhamer Defendant
in which Robert B. Edmonson
interpleaded for property attached.
Now comes the Plaintiff by attorney and it appearing that the property interpleaded for still remains in the hands of the interpleader although the same was found by a Jury to be the property of the Defendant in this cause.It is therefore ordered by the Court that said Interpleader deliver to the Sheriff of Greene County two black two year old mules, one bay one year old mule and one sorrel horse, the property attached in this cause and retained in the said interpleaders hands by giving a delivery bond on or before the 10th day of February 1864.
p 355/356.
State of Missouri Plaintiff
vs Gaming
Charles Clark 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 bythe Court that Defendant be fined $10 for the commission of said offence and that the State of Missouri have and recover of and from Defendant the said sum of $10 and costs in this behalf laid out and expended for which execution may issue and Defendant be remanded into the custody of the Sheriff until fine and costs are paid.
p 356.
State of Missouri Plaintiff
vs Recognizance to Appear At This
Term of Court.
William Steele Defendant
Now at this day it appearing to the satisfaction of the Court that there had been no
(continued)
122
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 356. (continued)
Bill of Indictment preferred against Defendant by the Grand Jury of this County. It is therefore considered by the Court that the said Defendant be discharged hereof andgo hence without day.
State of Missouri Plaintiff
vs Keeping a Gaming House
A. Fisher 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 the sum of $25 for committing said offence and imprisoned for the space of 5 minutes and that the State of Missouri have and recover of and from Defendant her said sum of $25 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.
William A. Cane Plaintiff
vs Civil Action
John H. Miller Defendant
Now at this day comes the Sheriff of this County and by leave of the Court amends his return on the Writ of Summons issued in this cause by inserting in and adding to said return the following words, viz at the usual place of abode of the said John H. Miller.
p 357.
State of Missouri Plaintiff
vs Grand Larceny
Reuben A.M. Rose Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and by leave of the Court for a plea says he is not guilty as charged in the Indictment, whereupon comes a Jury, viz:James Dennis, W.H. Henslee, Jas Abbott, J.B. Brown, J.R. Douglass, F. Evans, W.H. Pipkin, J.R. Earnest, James P. Gray Samuel Wood, W.S. Robertson and J.H. McCluer, twelve good and lawful men who having taken and subscribed the oath prescribed by the convention were sworn to try the issue and having heard the evidence and received the instructions of the Court retired to consider of their verdict.Upon returning into Court they presented through their foreman in the presence of the Jury they returned the following verdict, viz: "We the Jury find the Defendant not guilty as charged in the Indictment, James Dennis,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 and that Defendant have and recover of and from the Plaintiff his costs in this behalf laid out and expended.
p 357/358.
C.L. Starke Plaintiff
vs Civil Action
Aaron Nutt Defendant
Now at this comes on to be heard the petition hereto filed by Plaintiff to enjoin a certain Judgment rendered at the January Term of this Court in the year A.D. 1863 in favor of the said Defendant and against the said Plaintiff for the amount of $418.17 and to stay and restrain the execution issued on said Judgment and the sale to be made thereunder and thereby on the 4th day of February 1864 or during the present term of this Court and the premises being seen and fully understood by the Court and it appearing to the satisfaction of the Court by the petition by said Plaintiff that he is
(continued)
123
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 357/358 (cont)
entitled to the relief demanded and that such relief consists in enjoining said Judgment aforesaid and in restraining the execution issued thereon and the said Plaintiff having in obedience to the order of this Court entered into a bond with sufficient security to the said Defendant in the sum of $1000 conditioned as required by Law which said bond is approved.It is therefore considered by the Court that in conformity to the prayer of Plaintiff said Judgment which the said Defendant hath recovered against the said Plaintiff for the sum and amount aforesaid be enjoined and the Writ of Execution issued thereon be restrained until it shall be otherwise ordered by this Court and that a copy of this order duly authenticated by the seal of this Court be delivered to the Sheriff of this County.
p 358.
Now at this day on motion of Henry C. Young, James L. Rush is permitted to take the oath prescribed by the convention and sign the Roll of Attorneys in this Court.
p 359/360
Henry Sheppard & John S. Kimbrough Plaintiffs
vs Civil Action
William S. Wilks Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified by publication 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 the Defendant the Court doth find from an examination of the same that Defendant is indebted to the Plaintiff in the sum of $86.16 debt and $9.32 damage.It is therefore considered by the Court that Plaintiffs have and recover of and from Defendant their said debt and damage as well as costs in tbis behalf laid out and expended for which execution may issue and this Judgment bear 10% interest per annum.
p 360/361.
Thomas A. Sherwood Plaintiff
vs Civil Action
Samuel S. Vinton and
William C. Hornbeak Defendants
Now at this day comes the Plaintiff in his own proper person and by leave of Court dismisses this suit as to Defendant Hornbeak, and the Defendant Samuel S. Vinton, comes not but makes default and it appearing to the satisfaction of the Court that the said Defendant had been duly served with process at least 15 days before the first day of the present term of this Court and this suit being founded on a promissory note & two bills of exchange signed by the Defendant whereby the Plaintiff's demand is ascertained and said Defendants having wholly failed to plead, answer or demur to Plaintiff's petition, the same is taken as confessed and it further appearing to the satisfaction of the Court from an examination of the said instruments sued on that Defendant is indebted to Plaintiff by reason of said promissory note in the sum of $341.10 for debt and also $92 damage for detention of the same and indebted to Plaintiff on account of one said bill of exchange in the sum of $682.18 for principal and also $107.43 for interest on the same and the further sum of $27.28 statutory damages for the nonpayment of said bill and by reason of the other said Bill of Exchange in the sum of $682.17 principal and $104.02 interest thereon and $27.28 statutory damage for the nonpayment of said bill.It is therefore considered by the Court that Plaintiff have and recover of and from Defendants the aggregate of the principal of said notes and bills exchanged.It being the sum of $1705.45 debt and also the aggregate of said interest and damages on said note and bills, it being the sum of $358.01 for his damage for the nonpayment of said note and bills as well as his costs in this behalf
(continued)
124
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY T ERM 1864
p 360/361 (continued)
laid out and expended for which execution may issue and this Judgment bear 6% interest per annum.
p 361.
Mary B. Nowlin, administratrix and
Feyton Nowlin, admin of estate of
Bryan T. Nowlin, deceased Plaintiffs
vs Civil Action
Jacob Shultz Defendant
and L.A.D. Crenshaw, Garnishee
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified as the law directs by publication in the Springfield Missourian, a newspaper printed in the State of Missouri 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 for the direct payment of money. The Court doth find on an examination of the same that the Defendant is indebted to Plaintiff in the sum of $963.57 debt and also $301.08 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 a special fi fa issue against the following described real estate levied on the commencement of this suit by the Sheriff of said County under a Writ of Attachment issued from the Clerk's Office of the Circuit Court on the 26th day of May 1863 to wit: NW 1/4 of Section 35 and SW 1/4 of Section 35 and E 1/2 of NW 1/4 Section 34 all in Township 29 Range 22 and it further appearing from the answer of L.A.D. Crenshaw garnishee in this cause that he has in hands the sum of $101.61 belonging to the Defendant Jacob Shultz. It is therefore considered by the Court that Judgment be rendered against the said Crenshaw as garnishee and in favor of Plaintiffs for the said sum of $101.61 for which execution may issue.
p 362.
Now at this day Harvey Hammontree having been summoned as a Juror and failing to appear it is ordered by the Court a rule be rendered against the said Hammontree to show cause at the next term of this Court why he should not be fined $5 for contempt of Court.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill C J
Springfield, Missouri February 4 1864.
Court met pursuant to adjournment. Present as on yesterday.
p 362.
State of Missouri Plaintiff
vs Selling Liquor Without License #1.
W.H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being three times solemnly called comes not but herein makes default and it appearing to the Court that the Defendant had been arrested by the Sheriff of Greene County on the 7th day of January 1864 and that the Defendant with Joseph Morris as his security on the 7th day of January 1864 duly executed his bond to the State of Missouri in the sum of $100 for his appearance at the present term of this Court and the said Joseph Morris being three times solemnly called and required to bring in to Court the body of the said William H. Worrell, comes not nor brings the body of the
(continued)
125
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 362 (cont)
said William H. Worrell but therein makes default.It is considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciria facias issue against the said William H. Worrell and Joseph Morris, his security, and that they be required to appear at the next term of this Court to be begun and held at the Court House in the city of Springfield, Greene County, State of Missouri, on the first Monday in August 1864 and on or before the 6th day of said term if the term shall so long continue, if not, then before the end of said term show cause if any they have why Judgment should not be rendered against them for the sum of $100 and cost laid out and expended in this behalf.
p 363.
State of Missouri Plaintiff
vs Selling Liquor Without License #2.
W.H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being three times solemnly called comes not but herein makes default and it appearing to the Court that the Defendant had been arrested by the Sheriff of Greene County on the 7th day of January 1864 and that the Defendant with Joseph Morris as his security on the 7th day of January 1864 duly executed his bond to the State of Missouri in the sum of $100 for his appearance at the present term of this Court and the said Joseph Morris being three times solemnly called and required to bring in to Court the body of the said William H. Worrell, comes not nor brings the body of the said William H. Worrell but therein makes default.It is considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciria facias issue against the said William H. Worrell and Joseph Morris, his security, and that they be required to appear at the next term of this Court to be begun and held at the Court House in the city of Springfield, Greene County, State of Missouri, on the first Monday in August 1864 and on or before the 6th day of said term if the term shall so long continue, if not, then before the end of said term show cause if any they have why Judgment should not be rendered against them for the sum of $100 and cost laid out and expended in this behalf.
p 363/364.
State of Missouri Plaintiff
vs Selling Liquor Without License #3.
W.H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being three times solemnly called comes not but herein makes default and it appearing to the Court that the Defendant had been arrested by the Sheriff of Greene County on the 7th day of January 1864 and that the Defendant with Joseph Morris as his security on the 7th day of January 1864 duly executed his bond to the State of Missouri in the sum of $100 for his appearance at the present term of this Court and the said Joseph Morris being three times solemnly called and required to bring in to Court the body of the said William H. Worrell, comes not nor brings the body of the said William H. Worrell but therein makes default.It is considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciria facias issue against the said William H. Worrell and Joseph Morris, his security, and that they be required to appear at the next term of this Court to be begun and held at the Court House in the city of Springfield, Greene County, State of Missouri, on the first Monday in August 1864 and on or before the 6th dny of said term if the term shall so long continue, if not, then before the end of said term show cause if any they have why Judgment should not be rendered against them for the sum of $100 and cost laid out and expended in this behalf.
126
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