Springfield-Greene
County LibraryJanuary Term 1865
Book G
p 140.
Thomas Sherwood
vs
Samuel S. Vinton
Now at this day George A. Barnett garnishee is allowed $15 and costs for answering in this cause to be paid by Plaintiff.
p 141.
John W. Wadlow
vs
B.C. Hardin & Morris R. Hardin
Now at this day G.W. Vaughan garnishee is allowed $10 for answering in tbis cause to be paid by Plaintiff.
James Smith
vs
Robert Patterson
Now at this day John R. Cox is permitted to become security for the Plaintiff in this cause.
The Bank of the State of Missouri Plaintiff
vs Civil Action
J.B. Love, James Rowan,
T.G. Newbill, Alfred M. Julian Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been served with process at least 15 days before the first day of the present term of this Court and having failed to answer plead or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a Bill of Exchange signed by Defendants the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $750 debt and also $191.75 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants her said debt and damage as well as costs in this behalf laid out and expended for which execution may issue.
p 141/142
Benjamin G. Andrews & James Vaughan Plaintiffs
vs Judgment by Garnishee
George L. Nitchell & Thomas W. Kelton Garnishee
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court from the answer of Thomas A. Kelton garnishee that be is indebted to Defendant Mitchell in the sum of $125 debt and also $52.60 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the garnishee Thomas W. Kelton the said sum of $125 debt and also $52.60 damage for which execution may issue.
p 142.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill Circuit Judge.
January 24th 1865
Court met pursuant to adjournment. Present same as on yesterday.
16
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 142.
Lucy C. Acock Plaintiff
vs Civil Action
James Atkinson Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in this State for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition the same is taken as confessed. It is therefore considered by the Court that Plaintiff have judgment interlocutory and that an enquiry be had at the next term of this Court when unless cause to the contrary be shown this judgment shall be made final.
John Smith
vs
James Atkinson
Now at this day coines John S. Phelps and suggests the death of Plaintiff.
p 143.
Causes continued to next term:
Greene County vs D.C. Sinith
Greene County vs John M. Wood
Greene County vs Kindred Rose #1
Greene County vs Kindred Rose #2
Greene County vs Kindred Rose #3
p l44.
Marcus Boyd
vs
A.B. Matthews
Now at this day a change of venue is awarded in this cause to the Polk Circuit Court in the 7th Judicial Circuit because the Court has been of Counsel in this cause.
State of Missouri Plaintiff
vs Gaming
N.S. Richmond 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 commission of the said offence and that the Defendant have and recover of and from Defendant her said sum of $10 as well as costs in this behalf laid out and expended for which execution may issue and the Defendant remain in custody of the Sheriff till fine and costs are paid.
p 144/145.
Martin J. Hubble & Joshua M. Bailey Plaintiffs
vs Foreclosing Mortgage
William M. Hunt , Alfred M. Julian Defendants
Now at this day comes the Plaintiff by attorney and the said Julian in his own proper person and the said Hunt makes default nor hath he demurred to nor answered to said petition but remains thereby undefended. It is therefore considered by the Court that an interlocutory judgment by default be rendered against the said Hunt and upon a hearing of this cause the Court doth find that the said Plaintiffs were the security for said Hunt on a note for the sum of $300 dated the 5th day of May 1860 payable 4 months after the date thereof at the Branch of the Bank of the State of Missouri at Springfield and that to secure the said Plaintiffs from the said liability on said
(continued)
17
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 144/145 (cont)
note the said Hunt on the 10th day of September 1860 made, executed and delivered to said Plaintiffs his Deed of Mortgage which was duly recorded in the Recorders Office in this County on the 10th day of September 1860, whereby the said Hunt did convey the following described tract of land situate in the city of Springfield in this County, to wit - Commencing 40 rods West of the SE corner of SE 1/4 of Section 14 Township 29 Range 22, running thence North 11 poles to a stake the beginning corner, thence North 9 rods, thence West 20 rods, thence South 9 rods, thence East 20 rods to the beginning, reserving 30 feet on the East end, 10 feet on the West end for a street and alley being a part of SE 1/4 Section 14 Township 29 Range 22, containing inclusive of reservation one acre more or less, subject to the following condition that if the said Hunt shall well and truly pay said note and all interest and cost due therein and in all things save and hold harmless the said Plaintiff as his said securities on said note then said Deed should be void, otherwise remain in full force and virtue; and the Court doth further find that the said Bailey, one of the Plaintiffs has paid nothing on said note and the said Hubble has paid the whole of said note in consequence of this liability aforesaid, to wit, the sum of $300 and that he is entitled to the further sum of $105.33 for interest on the said sum of money so paid by him as security of said Hunt from the date of the payment to the present time, and doth further find that the said Julian has a deed to said tract of land and of record in this Court but of a date subsequent to the said Mortgage Deed and is no bar to the suit of the Plaintiffs and the residue of the obligations in the answer of the said Julian are not supported by testimony and the issues therein are found for the Plaintiff. It is therefore considered by the Court that the Equity of Redemption of the said William M. Hunt and the said Alfred M. Julian in and to said tract of land be foreclosed and it is further considered by the Court that the said Martin J. Hubble have and recover of and from the said Hunt the aforesaid sum of $300 debt and the aforesaid sum of $105.33 damages and his cost in this behalf laid out and expended to be levied of the Mortage Property, to wit Commencing 40 rods West of the SE corner of the SE 1/4 of Section 14 Township 29 Range 22 running thence North 11 rods to a stake beginning corner, thence North 9 rods, thence West 20 rods, thence South 9 rods, thence East 20 rods, thence West 20 rods, thence South 9 rods, thence East 20 rods to the beginning, reserving 30 feet on the East end and 10 feet on the West end for a street and alley being a part of the SE 1/4 Section 14 Township 29 Range 22. And it is further considered by the Court that if the aforesaid Mortgaged Property be not sufficient to satisfy said debt, damage and costs then the residue to be levied of other goods, chattels, lands and tenements of the said mortgagor, William M. Hunt and that execution may issue.
p 145.
James Atkinson & Benjamin Acock, admins
vs
Lucy C. Acock
Now at this day comes Alexander Milliken by his attorney J F. Hardin and by leave of Court files their affidavit of the said Hardin of the removal of the said Atkinson and Acock and the appointment of the said Milliken as their successor administering the estate of R.E. Acock deceased. It is therefore considered by the Court that a rule issue against the Defendant requiring her to appear at the next term of this Court on or before the sixth day thereof if said term shall so long continue if not then before the end of the term and show cause if any she have why said Milliken shall not be made party Plaintiff therein and be permitted to prosecute the same.
p 146.
M.M. McCluer and Co Plaintiff
vs
J..H. Caynor & A.F. Peacher et al Defendants
(cont.)
18
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
January 24th
M.N. McCluer and Co
vs
J.H. Caynor & A.F. Peacher et al
Now at this day comes John M. Richardson guardian ad litum of the minor heirs in this cause and by leave of Court files his answer in this cause and also answer for tbe other Defendants.
p 146/147.
John H. Graham Plaintiff
vs Civil Action
James M. Graham Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been notified of the commencement of this Suit by publication in the Springfield Missourian, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition the same is taken as confessed. It is therefore considered by the Court that Plaintiff have Judgment Interlocutory and that an inquiry of damage be had at the next term of this Court.
p 147.
John Shelton Plaintiff
vs Civil Action
Elisha Headlee public admin
having in charge the estate of
Thomas G. Neaves, dec'd Defendant
Now at this day comes the Plaintiff by attorney and also the Defendant by attorney and both parties having announced ready for trial thereupon came a Jury, viz L.M. Bigbee, J.M. Wood, S.R. Waddill, J.H. Doran, J. Gott, N.M. Rountree, J.B. Cox and R.A. McCluer, twelve good and lawful men, who having taken the oath prescribed by the Convention, were duly tried and sworn to try the issue and after hearing the evidence and receiving the instructions of the Court returned to consider of their verdict. Upon returning into Court, through their foreman returned the following verdict, viz "We the Jury find for the Plaintiff the sum of $90.00, N.M. Rountree, foreman." It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said sum of $90.00 as well as costs in this behalf laid out and expended for which execution may issue.
Ordered by the Court that Court adjourn until tomorrow morning 10 o'clock.
John S. Waddill Court Judge
p 148.
January 25th 1865
Court met pursuant to adjournment. Present as on yesterday
State of Missouri Plaintiff
vs Selling Liquor Without License #l
William H. Worrell Defendant
Now at this day comes Wm. H. Worrell as principal and P.M. Jaccard as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of t heir respective goods and chattels, lands and tenements to be void on condition that the said W.H. Worrell who stands indicted in the Greene
(continued)
19
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
January 25th
p 148 (continued)
Circuit Court for Selling Liquor Without License shall be and make his personal appear ance before the Honorable Judge of the said Court on the first day of the next term thereof which will commence and be holden at the Court House in Springfield in said County on the second Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Selling Liquor Without License #2
Wm. H. Worrell Defendant
Now at this day comes Wm. H. Worrell as principal and P.M. Jaccard as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels, lands and tenements to be void on condition that the said W.H. Worrell who stands indicted in the Greene Circuit Court for Selling Liquor Without License shall be and make his personal appearance before the Honorable Judge of the said Court on the first day of the next term thereof which will commence and be holden at the Court House in Springfield in said County on the second Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.
p 148/149.
State of Missouri Plaintiff
vs Selling Liquor Without License #3
Wm. H. Worrell Defendant
Now at this day comes Wm. H Worrell as principal and P.M. Jaccard as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels, lands and tenenients to be void on condition that the said W.H. Worrell who stands indicted in the Greene Circuit Court for Selling Liquor Without License shall be and make his personal appearance before the Honorable Judge of the said Court on the first day of the next term thereof which will commence and be holden at the Court House in Springfield in said County on the second Monday in July 1865 and answer said Bill of Indictinent and not depart said Court without leave.
p 149
State of Missouri Plaintiff
vs Selling Liquor Without License #4
W.H. Worrell Defendant
Now at this day comes Wm. H. Worrell as principal and F.M. Jaccard as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels, lands and tenements to be void on condition that the said W.H. Worrell who stands indicted in the Greene Circuit Court for Selling Liquor Without License shall be and make his personal appearance before the Honorable Judge of the said Court on the first day of the next term thereof which will commence and be holden at the Court House in Springfield in said County on the second Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Selling Liquor Without License #5
W.H. Worrell Defendant
Now at this day comes Wm. H. Worrell as principal and P.M. Jaccard as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels, lands and tenements to be void on condition that the said W.H. Worrell who stands indicted in the Greene Circuit Court for selling Liquor Without License shall be and make his personal appearance
(continued)
20
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 149 (continued)
before the Honorable Judge of the said Court on the first day of the next term thereof which will commence and be holden at the Court House in Springfield in said County on the second Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.
p 149/150
State of Missouri Plaintiff
vs Selling Liquor Without License #6
W.H. Worrell Defendant
Now at this day comes Wm. H. Worrell as principal and F.M. Jaccard as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels, lands and tenements to be void on condition that the said W.H. Worrell who stands indicted in the Greene Circuit Court for Selling Liquor Without License shall be and make his personal appearance before the Honorable Judge of the said Court on the first day of the next term thereof which will commence and be holden at the Court House in Springfield in said County on the second Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.
p 150.
James S. Norfleet et al Plaintiff
vs Civil Action
Branham H. Woodson Defendant
It appearing to the satisfaction of the Court that in a suit pending in the Probate and Common Pleas Court of Greene County wherein Elizabeth A. Walton is Plaintiff and the said Branham H. Woodson is Defendant the same property and credits of the Defendant is attached in both cases that a Writ of Attachment was first issued by this Court and that a controversy has arisen between the Plaintiff in said cause in relation to the property attached and the force and effect of said attachments. It is therefore ordered by the Court that the Probate and Common Pleas Court of Greene County shall by its own transfer to this Court the aforesaid cause of said Elizabeth A. Walton against Brandon H. Woodson to be tried and determined in all its parts as if the same had been instituted in this Court and the Clerk of this Court shall give to the Judge of the Probate and Common Pleas Court a copy of this order.
p 150/151.
George W. Jamison Plaintiff
vs Civil Action
August Kook Defendant
Now at this day comes the Plaintiff and makes application for an order on George Schell and James Vaughan to produce the goods attached in this cause. The Court upon examination finding a final Judgment has been rendered in this cause in Plaintiff's favorand against Defendant for $120.60 and the Court further finding this was originally a suit by attachment and that the Writ of Attachment issued from the Greene County Circuit Court Clerk's Office was levied on 150 pairs of buckskin gloves and 20 pairs of cavalry boots and that George Schell as principal and James Vaughan as security had entered into bond to the Sheriff of Greene County his successors in office and their assigns in the sum of $250 conditioned that if the said George Schell shall have the 150 pairs of buckskin gloves and 20 pairs of cavalry boots forthcoming when and where the Court shall direct and shall abide the judgment of the Court then this bond to be void otherwise to remain in full force and all things being seen and fully understood by the Court orders that the said George Schell and James Vaughan produce and deliver the aforesaid gloves and cavalry boots to the Sheriff of Greene County at his office in
(continued)
21
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM l865
p 150/151 (cont)
the Court House in Springfield on the 3rd day of February l865. It is further ordered that the Clerk of this Court deliver the Sheriff a certified copy of this order and that said Sheriff serve the same on the said George Schel1 and James VaiIghan by delivering each a copy.
p 151/152.
Morris M. McCluer, Rufus A. McCluer
& John McCluer omposing the firm
of M.M. McCluer & Co Plaintiffs
vs Civil Action
John II. Caynor & Amanda F. Peacher
admins of the estate of William A. Peacher
Amanda F. Peacher, widow & relict of
said Deceased & Medora R., Walmuth W.,
William M., Amanda F. & Stonewall A.
Peacher, children and minor heirs of said
deceased Defendants
Now at this day comes on to he heard the above entitled case and the said Plaintiffs appearing by attorney and the said administrators of said deceased and adult Defendants appearing by attorney and file their answer admitting the allegations of Plaintiff's petition conscenting that final judgment be rendered at the present term of this Court and the said children and minor heirs of said decedant appearing by their guardian ad litem John M. Richardson in this behalf appointed by the Court and file their answer to Plaintiff's petition in which answer they confess and admit the allegations of said petition to he true and also conscent that final judgment be rendered at the present term and it appearing to the satisfaction of the Court that this suit is founded on three promissory notes executed by said William A. Peacher deceased and of thern for the sum of $200 to one Peter Burns and by him assigned to Plaintiffs and the other two notes executed to Plaintiffs one for the sum of $200 and the other for the sum of $148.56 and the amount of Plaintiff demand being thereby ascertained. It is therefore considered by the Court that Plaintiff have and recover of and from said adult Defendants as admins as aforesaid the sum of $548.56 for their debt as well as the further sum of $251.32 for their damages for the detention of said debt together with their costs in this behalf. And it further to the satisfaction of the Court appearing that said notes were given for the unpaid portion of the purchase money of the following described real estate lying and being in the town of Springfield in the County of Greene, in the State of Missouri, to wit: beginning at the point 39 poles and 6 feet West of the NE corner of the North half of the NE 1/4 of the SE 1/4 of Section No 23 in Township No 29 of Range No 22 running thence West l80 feet, thence South 230 feet, thence East 180 feet,thence North 230 feet to the beginning corner reserving 30 feet of the whole North boundary of said lot for the purpose of a public street - that neither said decedant nor his legal representatives had complied with the terms and condition of certain title bond whereby said Plaintiffs agreed to convey to said decedant the land aforesaid on payment to them of said remaining portion of said purchase money which said purchase money is yet and though a great space of time hath elapsed and intervened since the same fell due. It is therefore further considered and adjudged by the Court that the prayer of Plaintiffs petition be granted and that said real estate or a sufficiency thereof be sold and the proceeds therefrom arising applied to the satisfaction and discharged of the aforesaid judgment in this behalf herein before rendered.
p 152.
Andrews & Vaughan Plaintiffs
vs
George L. Mitchell Defendant
(continued)
22
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 152 (cont)
Now at this day the scales attached in this cause is by agreement of parties and leave of the Court is discharged hereof and all and singular the premises being seen and fully understood by the Court. It is therefore considered and adjudged by the Court that L.M. Bigbee interpleader have and recover of and from Plaintiff his costs in this behalf laid out and expended for which execution may issue.
State of Missouri Plaintiff
vs
William Hudgins Defendant
Now at this day comes Plaintiff by attorney and by leave of Court files his motion for arrest of judgment and also Bill of Exceptions in this cause and prays an appeal to the Supreme Court which is granted.
p 153.
Pleas and Motions -
Elizabeth G. Rice vs John McElhannon & B. Lemmons. Defendants file their Bill of exceptions.
E.B. Miller et al vs Charles Sheppard and Joseph Kimbrough. Defendants file their Bill of exceptions.
James Hayes and D.O. Gorman vs John McElhaney. Defendants file their Bill of exceptions.
McClurg, Murphy & Co, firm composed of Joseph W. Mcclurg, Wm. D. Murphy,
Hervey Massey Marshal W. Johnson & Edward Torbet vs Joseph S. Moss -- cause continued to next term.
Now at this day on motion of H.G. Young, Joseph Estess is permitted to sign the Roll of Attorneys.
Thomas P. Nelson Plaintiff
vs Civil Action
William M. Armstrong Defendant
Now at this day comes on to be heard the motion to set aside the Judgment heretofore filed in this cause all and singular the premises being seen and fully understood by the Court. It is therefore considered and adjudged by the Court that said motion be sustained and Plaintiff has leave to amend petition and summons in this cause.
p 154.
Ordered by the Court that Court adjourn till tomorrow morning 9 o'clock.
John W. Waddill Circuit Judge.
January 26th 1865
Court met pursuant to adjournment. Present as on yesterday.
Motions
John Wood vs John Lair. Plaintiff files exceptions to answer of H.F. Fellows garnishee
James Hayes & D.O. Gorman vs John McElhaney and A. Fisher. Defendants file Bill of exceptions.
Elizabeth G. Rice Plaintiff
vs Civil Action
John McElhannon & B. Lemmons Defendants
Now at this day comes Defendants by attorney and by leave of Court file their affidavit for a continuance. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendants the cost of this continuance for which execution may issue.
23
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p l54.
Joseph S. Moss Plaintiff
vs Civil Action
James Evans John A. Patterson Sheriff Defendants
Now at this day comes Plaintiff and Defendants by their respective attorneys and by consent of parties this cause is continued to next term of this Court and petitioner not required to deposit the sum of money mentioned in said petition with receiver by agreement.
p 155.
Robert J. McElhaney Plaintiff
vs Civil Action
John Lair Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified of the commencement of this suit by publication in the Missouri Patriot, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition the same is taken as confessed. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and also costs, and that Plaintiff have judgment interlocutory by default and unless set aside for cause shown that inquiry be had at the next term of this Court and this judgment be made final.
Joseph S. Moss, surviving partner
of J.S. Moss & Co Plaintiff
vs Civil Action
Turner Goodall and
Thomas D. Wooten 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 suit by publication in the Missouri Patriot a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition the same is taken as confessed. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and also costs, and that Plaintiff have judgment interlocutory by default and unless set aside for cause shown that inquiry be had at the next term of this Court and this judgment be made final.
p 155/156.
Joseph S. Moss Plaintiff
vs Civil Action
John Lair Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified of the commencement of this suit by publication in the Missouri Patriot a newspaper published in this State for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition the same is taken as confessed. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and also costs, and that Plaintiff have judgment interlocutory by default and unless set aside for cause shown that inquiry be had at the next term of this Court and this judgment be made final.
24
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 156.
James S. Norfleet et al Plaintiffs
vs Civil Action
Branham H. Woodson Defendant
Now at this day comes Elizabeth A. Walton, an attaching crditor of B,H. Woodson who is permit ted to defend for Woodson by attorney and by leave of Court files her answer in this cause.
Thomas A. Reed
Sheriff of Greene County, Mo. Plaintiffs
vs
Hervey Sheppard Defendant
Now at this day comes Plaintiff by attorney and by leave of Court files his motion for a new trial in this cause which said motion was filed on yesterday but omitted to be put on the record which said motion was by the Court overruled.
p 156/157.
Lewis S. Lemay Plaintiff
vs Civil Action
Branham R. Woodson & James S. Norfleet Defendants
Now at this day comes on to be heard again the above entitled cause and Defendant having failed to show cause why the interlocutory judgment heretofore rendered in this cause should be set aside and that said Defendant having failed to plead answer or demur to Plaintiff's petition the Court being satisfied from the proof that Defendants executed their bond to Lemay and Co dated 12th day of March 1861 for the sum of $1500 upon the following conditions whereas the said Woodson hath assumed to pay the debts of said Lemay & Co to sundry and diverse persons in a Bill of Sale by said Lemay and Co to said Woodson of this date made mentioned now if he shall pay said debts and hold said Lemay and Co harmless and exempt from them then shall the foregoing be void, otherwise be and remain in full force and virtue. The Court sitting as a Jury the Plaintiff waiving the necessity of a Jury doth find from the proof that the conditions of said bond has been violated and Plaintiff is damaged in consequence of said violation in the sum of $45 debt and $5.30 damage. Wherefore it is considered and adjudged by the Court that Plaintiff have and recover of and from Defendant the sum of $1500 the amount of said bond and also the sum of $45 debt and $5.30 damage, and also his costs in this behalf laid out and expended and it appearing to the Court that a Writ of Attachment issued from the Clerk's Office of the Greene County Circuit Court dated 2nd day of May 1862 and was by the coroner and acting Sheriff of Greene County on the 8th day of May 1862 levied on the following real estate in the city of Springfield, Greene County, Missouri viz commencing at the NW corner of Lot belonging to Branch of the Bank of the State of Missouri and running along Olive Street to an alley West, thence along said alley South to W.H. Henslee's line, thence East along said line to the Bank lot, thence along said Lot North to place of beginning. It is further considered and adjudged by the Court that a Special fi fa issue and the real estate attached or a sufficiency thereof be sold to satisfy the aforementioned sum of $45 debt and $5.30 damage and costs and if there be not sufficient real estate attached to satisfy the same then a general execution to issue.
p 157.
James Vaughan Plaintiff
vs Civil Action
Joseph Gott. Defendant
Now at this day comes Defendant by attorney and by leave of Court files his affidavit for a continuance in this cause. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendant the cost of this continuance for which execution may issue and this cause is continued to next term of Court.
25
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 157.
J.G. Roberts Plaintiff
vs Civil Action
J.H. Show & Alexander Ruer Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court files his affidavit for a continuance in this cause. It is therefore considered and adjudged by the Court that the Defendants have and recover of and from Plaintiff the cost of this continuance for which execution may issue and this cause is continued to next term of Court.
p 158.
Doctor S. Pierce Plaintiff
vs
William Jackson and Norval Davis Defendants
Now at this day comes the Plaintiff by attorney and the above entitled cause into Open Court and files his petition and affidavit stating amongst other things that the above named Defendants are non-residents of the State of Missouri and have been so absent for a long time. It is therefore ordered by the Court that publication be made notifying Defendants William Jackson and Norval Davis that an action has been commenced against them by petition and attachment in the Circuit Court of Greene County in the State of Missouri founded on a claim for damages for the wrongfully taking from Plaintiff 76 bushels of wheat and
9 hogs by which Plaintiff says he is damaged in the sum of $300 for which he asks judgment and that their property is about to be attached and that unless the said William Jackson and Norval Davis be and appear at the next term of said Court to be holden in the Court House in Springfield of said County and State aforesaid on the second Monday in July A.D. 1865 and on or before the third day thereof (if the term shall so long continue and if not then before the end of the term) and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against them and their property sold to satisfy the same. It is therefore ordered that a copy hereof as published in the Missouri Weekly Patriot, a newspaper published in this State for 4 weeks successively the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.
p 159.
Jane Payne Plaintiff
vs Civil Action
William R. Ingram Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfactionof the Court that the Defendant has been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition the same is taken as confessed and it further appearing to the Court that a Writ of Attachment was issued in this cause on the 13th day of June 1864 and was by the Sheriff levied on the 14th day of June 1864 on the following described real estate situate in Springfield, Greene County, Missouri viz beginning at the NW corner of the N 1/2 of the
SE 1/4 of Section 23 Township 29 Range 22 thence South 20 rods to a starting or beginning point, thence East 12 rods, thence North 8 rods to a lot of land belonging to Thomas H. Patterson thence West 12 rods, thence South 8 rods to the beginning and the Plaintiff waiving the necessity of a Jury this cause is tried before the Court sitting as a Jury. The Court doth find from the proof that Defendant is indebted to Plaintiff in the sum of $1000 debt and $500 damage. It is therefore considered and adjudged by the Court that Plaintiff have and recover from Defendant the said sum of $1000 debt and $500 damage and also her costs in this behalf laid out and expended and that a special
(continued)
26
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 159 (cont)
fi fa issue and that the real estate herein described or a sufficiency thereof be sold to satisfy said debt, damage and costs.
A. Martin Plaintiff
vs Civil Action
Cowen Defendant
Now at this day this cause is dismissed by Plaintiff. It is therefore considered and adjudged by the Court that Defendant have and recover of and from Plaintiff the costs in this behalf laid out and expended for which execution may issue.
p 160.
Bank of the State of Missouri Plaintiff
vs Civil Action
David L. Fuibright & John L. Fulbright Defendants
Now at this day the said Defendants appear and file their motion to amend and correct the judgment of this Court heretofore rendered in this cause on the 16th day of June 1864 and on the 28th day of January of said year and to enter up final judgment in said cause now for them, and it appearing to the satisfaction of the Court that the final judgment in favor of said Defendants was actually given in said cause although the same was not entered of record. It is therefore considered by the Court that said motion of Defendants be granted and that said judgment be amended and corrected and final judgment rendered in said cause now for then and there in order thereto that these words be made a part of said judgment. It is therefore considered by the Court that the Plaintiff take nothing by her Writ, that her petition be dismissed and that said Defendants go hence without day and have and recover of and from Plaintiff their costs in this behalf laid Out and expended for which execution may issue.
p 161.
January 26th 1865.
Now at this day on motion of H.C. Young, John I. Worthington is permitted to sign the Roll of attorneys.
James M. Kellogg
vs Sheriff's Deed
Sylvester Blackwell
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Joel H. Blackwell to the following described real estate viz E 1/2 of Lots No 5 and 6 of NE fcl 1/4 Section 2 Township 29 Range 23, he being the highest bidder for the same under execution issued in the above entitled cause.
State of Missouri to use of
Elisha Headlee public admin of
Greene County, having in charge the
estate of Thomas Prunty, dec'd
vs Sheriff's Deed
William H. Blakey, T.R. Bridges &
Robert C. Prunty
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to the following described real estate viz E 1/2 SW 1/4 Section 28 Township 29 Range 22 to Joseph Harper, he being the highest bidder for the same under an execution issued from the Clerk's Office in the above entitled cause.
27
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 161.
John S. Kimbrough
vs Sheriff's Deed
N.F. Jones, George M. Jones
and T.N. Jones
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Southern part of Lot 49 Block 13 fronting 95 feet on South Street and running back the depth of said lot also Lot 46 Block 13 and Lots 4 & 5 in Kimbrough's Second Addition to the City of Springfield to John S. Phelps he being the highest bidder for the same under execution issued in the above entitled cause.
p 161/162.
Elizabeth D. Campbell, admin estate
T..C. Campbell, deceased
vs Sheriff's Deed
Joseph L. Thompson, Harvey Adams
and Francis A. Thompson
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to James F. Robinson to the Following described real estate viz N 1/2 of SE 1/4 Section 3 Township 29 Range 23, said Robinson being the highest bidder for the same under execution issued in the above entitled cause.
p 162.
James N. Kellogg
vs Sheriff's Deed
Sylvester Blackwell
Now at this day conies John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to James N. Kellogg and Henry C. Young viz W 1/2 Lots 1, 5 and 6 of the NE fcl 1/4 Section 2 Township 29 Range 23 said Kellogg and Young being the highest bidders for the same under execution issued in the above entitled cause.
Robert J. McElhaney
vs Sheriff's Deed
Leonidas A. Campbell
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Robert J. McElhaney to the following described real estate viz Lots numbered from one to thirtynine inclusive in Campbell's Addition to City of Springfield, Mo., he being the highest bidder for the same under execution issued in the above entitled cause.
p 162/163.
Joseph S. Moss
vs Sheriff's Deed
Beverly A. Barnett
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a deed to Edwin I. Robinson to the following described viz beginning at a stake 30 poles and 15 links due South of the NW 1/4 of SW 1/4 of Section 13 Township 29 Range 22 same being corner writing land of Joseph Gott and L. Hendricks deceased, running from above point of beginning South 9 poles and 15 links to point in old road, thence East 25 poles and 15 links to post variating 8,40, thence West 25 poles 7 1/2 links to beginning, said Robinson being the highest bidder for the same under execution issued in the above entitled cause.
28
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JANUARY TERM 1865
p 163.
William F. Endres & John W. Bigelow
vs Sheriff's Deed
Samuel S. Vinton
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Benjamin Kite to the following described real estate viz part of Lot 62 in Jones and Hendrick Addition to Springfield, Mo., beginning at SE corner thereof thence West 75 feet, thence North 160 feet, thence 75 feet thence to the beginning corner, said Kite being the highest bidder for the same under execution issued in the above entitled cause.
Bank of the State of Missouri
vs Sheriff's Deed
John W. Hancock
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Presley C. Beal to the following described real estate viz SE 1/4 of NW 1/4 Section No 11 Township 29 Range 29 said Beal being the highest bidder for the same under execution in the above entitled cause.
David D. Reynolds
vs Sheriff's Deed
Jefferson W. Rainey & Charles McCluer
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Martha Jones to the following described real estate viz SW 1/4 of NW 1/4 and NE 1/4 of SW 1/4 Section 4 Township 28 Range 23, said Jones being the highest bidder for the same under execution in the above entitled cause.
p 163/164.
William F. Endres & John W. Bigelow
vs Sheriff's Deed
Samuel S. Vinton
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to the Bank of the State of Missouri to the following described real estate viz SE 1/4
NE 1/4 and NE SE Section 34 and SW NW and W 1/2 SW and NE SE Section 35 Township 29 Range 21 said Bank being the highest bidder for the same under execution in the above entitled cause.
p 164.
Joel Wilkerson
vs Sheriff's Deed
Andrew Thompson, Ripley B. Weaver,
James Jones, William H. Blackman
and John Blackman
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to the following described real estate to James S. McQuerter viz N 1/2 of SE 1/4 Section 19 and SW 1/4 NE 1/4 Section 24 Township 28 Range 22, said Mcquerter being the highest bidder for the same under execution in the above entitled cause.
John N. Turner
vs Sheriff's Deed
Denny Turner
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to John N. Turner to the following described
(continued)
29
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
JANUARY TERM 1865
p 164 (continued)
real estate viz W 1/2 of SE 1/4 E 1/2 of SE 1/4 and part of SE 1/4 NE 1/4 Section 13 Township 29 Range 20 said Turner being the highest bidder for the same under execution in the above entitled cause.
William F. Enders & John W. Bigelow
vs Sheriff's Deed
Samuel S. Vinton
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Colly B. Holland to the following described real estate viz Lots 2, 4 and 6 in John Lair's Addition to Springfield in Greene County, Missouri, said Holland being the highest bidder for the same under execution in the above entitled cause.
p 164/165.
Bank of the State of Missouri
vs Sheriff's Deed
J.T. Abernathy
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to the Bank of State of Missouri to the following described real estate viz NW 1/4 of NE 1/4 Section 4 Township 28 Range 23 said Bank being the highest bidder for the same under execution in the above entitled cause.
p 165.
J. F.Wade, administration
J.W.E. Rucker, deceased
vs Sheriff's Deed
W.B. Garroutte & M. Tannyhill
Now at this day comes John Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to William B. Edwards to the following described real estate viz SW 1/4 NW 1/4 Section 35 Township 29 Range 29 said Edwards being the highest bidder for the same under execution in the above entitled cause.
Alfred Garrison
vs Sheriff's Deed
John Blackman, James P. Walker
Benjamin R. Cannefax
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to John A. Mack to the following described real estate viz W 1/2 of Lot No I NE fcl 1/4
E 1/2 Lot No 1 NW fcl 1/4 and N 1/2 SW 1/4 Section 3 Township 28 Range 22 said Mack being the highest bidder for the same under execution in the above entitled cause.
Bank of the State of Missouri
vs Sheriff's Deed
Charles Layton, John S. Kimbrough,
Robert J. McElhaney
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to James Vaughan & William Massey to the following described real estate viz S 1/2 of NE 1/4 of SE 1/4 Section 21 Township 29 Range 21, said Massey and Vaughan being the highest bidders for the same under execution in the above entitled cause.
30
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