Springfield-Greene
County LibraryJuly Term 1864
Book F
p 653.
W.J. McDaniel Plaintiff
vs Civil Action
T.A. Reed, Sheriff,
C.W. Bodenhamer, Jacob E. Bodenhamer Defendants
Now at this day comes the Plaintiff by attorney and on his motion alias writs are ordered to issue in this cause for Defendants C.W. and J.E. Bodenhamer.
And it appearing to the Court that the said T.A. Reed, as Sheriff of Greene County, had been served with and acknowledged notice of commencement of this suit and having failed to answer plead or demur to Plaintiff's petition it is considered by the Court that the Plaintiff have an interlocutory judgment by default against said T.A. Reed as Sheriff of Greene County and it not appearing to the Court what amount of judgment Plaintiff is entitled to recover, it is ordered that inquiry be had at the next term of this Court and this judgment be made final unless the same for cause shown be set aside on or before the 6th day thereof to which time this cause is continued.
Ordered that Court adjourn until tomorrow morning 8 o'clock. John W. Waddill C.J.
p 654. Saturday July 23, 1864.
Court met pursuant to adjournment. Present as on yesterday.
p 655.
State of Missouri Plaintiff
vs Feloneous Assault
R. Carter, W. Willis & R. Willis Defendants
Now at this day comes the Circuit Attorney who prosecutes and says he will not further prosecute. It is therefore considered and adjudged by the Court that the same be dismissed that the State take nothing by her said Writ and that the Defendants be discharged hereof and go hence without day.
p 656.
State of Missouri Plaintiff
vs Destroying Telegraph
Austin Mills Defendant
Now at this day comes Austin Mills as principal and Ann Maria Parish and Mary L. Parish as securities who stand indebted to the State of Missouri in the sum of $500 to be levied of their goods and chattels lands and tenements to be void on condition that the said Austin Mills who stands indicted in Greene Circuit Court shall be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield, Missouri, on the first day of the next term thereof and answer said Bill of Indictment and not depart said Court without leave.
James W. Brown Plaintiff
vs Civil Action
Lemuel R. Ritchy Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Defendant had been duly notified of the pendency of this action by publication in the Springfield Journal a weekly newspaper published in this County 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 answer plead or demur to Plaintiff's petition and the same being for the recovery of judgment for the value of personal property taken wrongly by Defendant and the said action remaining wholly undefended the Court doth consider that Plaintiff have an interlocutory judgment against said Defendant but it not appearing to the Court what amount Plaintiff is entitled to recover. It is
(continued)
73
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 656 (continued)
Ordered that inquiry be had at the next term of this Court to ascertain the same to which term this cause is continued.
p 656/657.
William B. Logan Plaintiff
vs Civil Action
Thomas Wilkerson Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been served notice by publication in the Springfield Journal for four successive weeks the last insertion more than four weeks before the first day of the present term of this Court and having failed to answer, plead or demur to Plaintiff's petition and the same being founded on a promissory note for the direct payment of money and the amount ascertained thereby. The Court doth find from an examination of the same that Defendant is indebted to the Plaintiff in the sum of $164 debt and $48.65 damages. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs, that he have an execution therefor and this judgment bear 10% interest.
p 657.
James F. Robertson 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 duly notified of the commencement of this suit by publication in the Springfield Journal a newspaper printed in this State 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 answer plead or demur to Plaintiff's petition the same remaining wholly undefended and the action being founded on a promissory note for the direct payment of money and the amount ascertained thereby the Court doth find from an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $225 debt and $86.66 damages. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs, that he have an execution therefor and this judgment bear 10% interest, And it further appearing to the satisfaction of the Court in this cause a Writ of Attachment was issued from this Court on the 20th May 1864 and by the Sheriff of Greene County levied on the following real estate of the said Defendant, viz, E 1/2 NE 1/4 Section 11 Township 29 Range 23 = Lots 1 and 2 NE fcl 1/4 Section 3 Township 29 Range 23 = NW 1/4 NW 1/4 Section 12 and the SW 1/4 SW 1/4 Section 1 and SE 1/4 SE 1/4 Section 2 Township 29 Range 23 in Greene County, Missouri. Execution on said be special against said property.
p 658.
James F. Robinson Plaintiff
vs Civil Action
William Tatum 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 printed and published in this State for four successive weeks the last insertion being at least four weeks before the first day of the present term of this Court and the said Defendant having failed to answer plead or demur to Plaintiff's petition and the same being wholly undefended and the action being founded on two notes signed by Defendant for the direct payiflent of money and the amount ascertained thereby. The Court doth find from an examination of the same that Defendant is indebted to the Plaintiff in the sum of $146.67 debt and also $47.64 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also his costs and
(continued)
74
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 658. (cont.)
it also appearing to the Court that a Writ of Attachment issued in this cause from this Court 20th May 1864 was by the Sheriff of Greene County on the 8th July 1864 levied on the following real estate of Defendant, viz, the NE 1/4 SE 1/4 and NW 1/4 SE 1/4 Section 3 Township 29 Range 23, also the following personal property, viz, one horse, 3 head of cattle, undivided interest in one reaper and mower, one 2 horse plow, 2 singletrees, 2 pair haques, 1 pair tr___, 1 wash kettle, 1 cupboard, 1 dinner table, 1 bullou___ plow, 1 mattock, 2 hoes, 1 iron square, 1 handsaw, 1 sheepshears, 1 steelyard, 2 kegs white lead, 1 can oil, 1 loom, 2 sacks fralties and 1 sythe. And that a special execution issue to sell the same and that this judgment bear 10% interest.
p 658/659.
Thomas Tiller admin pendentilite
of estate of John Adams, deceased Plaintiff
vs Civil Action
Jane M. Adams, John P. Hill
& Francis M. Shockley Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the said Defendants Jane M. Adams and John P. Hill have been duly notified of the commencement of this suit by publication in the Springfield Journal a newspaper published in the State for 4 successive weeks the last insertion at least 4 weeks before the first day of the present term of this Court and that the Defendant Francis M. Shockley had
been personally served with notice more than 15 days before the first day of this Court and the said Defendant having failed to answer plead or demur to Plaintiff's petition and the same being wholly undefended and founded on a promissory note signed by Defendants J.M. Adams and J.P. Hill for the direct payment of money and a mortgage deed to secure the payment of the same. The Court doth find from an examination thereof that the Defendants are indebted to Plaintiff in the sum of $2633.93 debt and also $834.06 damage. The Court doth further find that the said Jane M. Adams on the 23rd Nay 1861 executed and delivered to Plaintiff a mortgage deed to secure the payment of said debt and damage for the following real estate, viz, one piece on East Street being a portion of the East half of NW 1/4 Section 24 Township 29 Range 22 West bounded on the East by the Lot on which Joseph S. Moss lives, on the South by Fast Street, on the West by a lot owned by George L. Mitchell and on the North by a lot on which J.B. Clark now living. Also, a lot of land beginning at the NW corner of the above described lot Three, West 4 poles and 15 links thence North 22 poles and 13 links, thence East 4 poles and 3 links, thence South to the place of beginning. And also a piece of land beginning at the SE corner of the Public School House Lot, thence 4 poles and 3 links to Joseph S. Mosses West side, thence South with said Mosses West side 16 poles and 3 links, thence West 4 poles and 3 links, thence North 16 poles and 3 links to the place of beginning. The Court doth also find that the conditions of said Mortgage and have been broken. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant Jane N. Adams and J.R. Hill his said deat and damage and also costs of suit. That the Equity of Redemption in said land be foreclosed and that the same or so much as shall be necessary sold to satisfy said debt damage and costs and that a special execution issue against the same and in default of said land satisfying this judgment a general execution may issue for the balance thereof and that this judgment be made final at the next term unless set aside for cause.
p 659/660.
Young Brothers and Co Plaintiff
vs Civil Action
Evans Morgan and Co Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction
(cont)
75
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 659/660 (cont)
of the Court that the Defendant had been duly notified of the commencement of this suit and that said Defendants are nonresidents of this State and that the ordinary process of law cannot be served on them. It is therefore ordered by the Court that the Defendants be notified by publication in the Springfield Missourian for four successive weeks the last insertion to be at least 4 weeks before the first day of the next term of this Court that the Plaintiffs have commenced action against them wherein the amount claimed is $352.92 and interests and unless they be and appear before the said Judge of our Greene Circuit Court at the Court House in Springfield, Missouri, on the first Monday in January 1864 and answer plead or demur to Plaintiff's petition on or before the 6th day of the term if the Same shall so long continue if not then before the end of the term the same will be taken as true and judgment rendered accordingly.
p 660.
Bank of State of Missouri Plaintiff
vs Civil Action
Nicholas F. Jones, George M. Jones,
John A. Miller, B.W. Henslee &
William S. Norfleet admins of
G.P. Shackleford deceased Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Plaintiffs Nicholas F. Jones, George M. Jones and Gabriel P. Shackleford had been duly notified by publication in the Springfield Missourian of commencement of this action for four successive weeks the last insertion at least four weeks before the present term of this Court. That the said John A. Miller has been personally served with notice of the same and that the said G.P. Shackleford since commencement of this Suit has deceased and the said B.W. Henslee and William S, Norfleet as his administrators have been substituted and appear by attorney as parties and said Defendants having failed to plead answer or demur to Plaintiffs petition and the action being founded on a note for the direct payment of money and the amount ascertained thereby. The Court doth find from an examination of the same that the Defendants are indebted to said Plaintiff in the sum of $514 debt and S92.42 damage and interest. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs and that a general execution issue against the said Defendant John A. Miller for the same and it further appearing to the Court that a Writ of Attachment was issued in this cause from this Court against the same Defendants and by the Sheriff of Greene County levied on the following real estate of Defendant G.P. Shackleford, viz, NE1/4 Section 9 = NW fcl 1/4 Section 19 = SW fcl 1/4 Section 18 = SW 1/4 NW 1/4 Section 21 = SW 1/4 Section 17 = NE 1/4 Section 18 =all in Township 29 Range 21 and the Lots 5 & 6 NW fcl 1/4 and W 1/2 Lot 4 NE fcl 1/4 and W 1/2 Lot 7 NE fcl 1/4 Section 1 Township 29 Range 22, also 20 shares in the Bank of the State of Missouri.
p 660/661.
William B. Logan & John Morton Plaintiffs
vs Civil Action
John B. Ruby Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the said Defendant has been duly notified of the pending of this action by publication in the Springfield Journal, a newspaper published in this State for four successive weeks the last insertion at least 4 weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition and the same being founded on a note for direct payment of money signed by Defendant and the amount ascertained thereby the Court doth find from an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $65.50 debt and S2l,83 damage. It is
(continued)
76
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 660/661 (continued)
therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs, that he have an execution therefor and this judgment bear 10% interest.
p 661.
Bank of the State of Missouri Plaintiff
vs Civil Action
Nicholas F. Jones, George N. Jones,
R.W. Henslee and W.S. Norfleet admin of
G.P. Shackleford, deceased 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 and wholly failed to answer plead or demur to Plaintiff's petition whereby the Same is left undefended and the action being founded on a note signed by Defendants for the direct payment of money the Court from an examination of the same doth find that the Defendants are indebted to the Plaintiff in the sum of $200 debt and $51.66 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs. And it further appearing to the Court that on the 20th of April 1863 Writ of Attachment issued from this Court in this cause and was on 1st June 1863 levied on the following real estate and personal property of Defendant G.P. Shackleford viz 20 shares in Bank of Missouri, also, the NE 1/4 Section 19 SE 1/4 Section 18, NW fcl 1/4 Section 19 SW 1/4 Section 18 SW 1/4 fcl Section 21 SW 1/4 Section 17 NE Section 18 Township 29 Range 21, Lots 5 and 6 NW fcl N1/2 Lot 4 and N 1/2 Lot 7 NE fcl Section 1 Township 29 Range 22.
p 662.
Bank of Missouri Plaintiff
vs Civil Action
J.P. Abernathy, Hugh
Boyd and John Boyd Defendants
Now at this day comes the Plaintiff by attorney and also the Defendants Hugh and John Boyd having appeared by attorney and failed to file any sufficient plea answer or demur in this cause and it also appearing that the said J.F. Abernathy had 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 the present term of this Court and he also having failed to plead answer or demur to Plaintiff's petition whereby the same remains wholly undefended and the same being founded on a note signed by Defendants for the direct payment of money the Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $250 debt and $19.58 damage for interest and nonpayment of the same, It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs and that she have general execution therefor against Defendants Boyd and it further appearing that in this cause a Writ of Attachment issued from this Court on the 12th May 1863 which was by the Sheriff of Greene County on the 14th June 1863 levied on the following real estate of said J.F. Abernathy viz NW 1/4 NE 1/4 Section 4 Township 28 Range 23, It is therefore considered by the Court that a special execution issue for the said thereof.
p 662/663
Thomas F. Layton, F.S. Jones,
John S. Kimbrough & Henry Sheppard Plaintiffs
vs Civil Action
Blackston H. Bills Defendant
(continued)
77
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM l864
p 662/663 (continued)
Now at this day comes the Plaintiffs 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 a copy of the Plaintiff's petition and writ being left at his usual place of abode with a free white person a member of his family over the age of 15 years as appears by Sheriff's return and having failed to answer, plead or demur to Plaintiff's petition and the same being founded on a promissory note for the direct payment of money, the Court doth find from an examination of the same that the Defendant is indebted to Plaintiffs in the sum of $132.02 debt and also $50.82 damage. And the Court doth further find that on the 16th day of January 1861 Defendant ex_____ to Plaintiff a deed of mortgage to the following real estate viz Lot No 21 in Joseph Gott's addition to Springfield to the payment of said note and the Court doth further find that the conditions of said mortgage have been broken, It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs and that the equity of redemption in said real estate in said Deed of Mortgage be foreclosed and that a special execution issue against the Same and all or so much thereof as may be necessary to satisfy the same be sold to satisfy the same and that this judgment bear 10% and this be made final at next term unless cause be shown to set aside the same.
p 633.
Washington Wallis Plaintiff
vs Civil Action
George W. Campbell, Isaac Turner,
Jesse Marley & David Wolf Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants cannot be served with personal process in this cause they being nonresidents of this State. It is ordered by the Court that said Defendants be notified 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 the next term of
this Court that the Plaintiff has commenced a Suit against them by attachment in the Greene Circuit Court for wrongful taking and carrying away certain personal property where he seeks to recover judgment against Defendants for $1000 and that unless they be and appear before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House on the first Monday in January 1865 and plead answer or demur to Plaintiff's petition on or before the sixth day thereof if the term shall so long continue, if not then before the end of the term the same will be taken as true judgment received against them and their property sold to satisfy the same.
p 664.
John J. Campbell Plaintiff
vs Civil Action
George W. Campbell, Isaac Inman,
Jesse Marley & David Wolf Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants are nonresidents of this State and that the ordinary process cannot be served on them. It is ordered by the Court that said Defendants be notified by publication in the Springfield Journal, a newspaper printed and published in the State for four successive weeks, the last insertion to be at least four weeks before the first day of the next term of this Court that the Plaintiff has commenced suit in the Green Circuit Court by attachment wherein he claims judgment for $400 for wrongful taking and carrying away property of Plaintiff and that he be and appear before the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield, Missouri, on the first Monday in January next and plead
(continued)
78
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 664 (continued)
answer or demur to Plaintiff's petition on or before the sixth day of the term if the same shall so long continue if not then before the end of the term the same will be taken as true, judgment rendered against him and his property which has been attached will be sold to satisfy the same.
p 664/665.
Elisha Headlee, public administrator in
charge estate N.R. Smith, deceased Plaintiff
vs Civil Action
Jarvis N. Barber & John W. McElhanon Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the Court that the said Defendant J.M. Barker has been duly notified of the pending 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 term of Court and that the Defendant John McElhanon has been personally served with process and petition more than fifteen days before the present term and the said Defendants having failed to answer plead or demur to Plaintiff's petition and the same remains wholly undefended and being founded on a note for the direct payment of money signed by the Defendants and the amount ascertained thereby. The Court from an examination of the same doth find that the Defendants are indebted to the Plaintiff in the sum of $256.72 debt and also $96.29 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs, that he have an execution therefor and this judgment bear 10% interest.
p 665.
A loose note between pages 664 and 665 reads as follows:
Elisha Headlee, public administrator
having in charge the estate
of N.R. Smith, deceased
vs In Greene County Circuit Court
John McElhanon & Defendants
assignment of judgment
I the said Elisha Headlee the above Plaintiff duly assign the Judgment in the above entitled cause to Sarah E. Smith as a part of her distribution share in the estate of N.R. Smith, deceased, which said Judgment is for the sum of will appear by the record of said Judgment on page 664 Book F Circuit Court Record. attest in presenceElisha Headlee R A C Mack ClerkPublic Administrator
p 665.
Halsly H. Baker Plaintiff
vs Civil Action
Virgil W. Kimbal 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 the last term of Court and having failed to plead answer or demur to Plaintiff's petition and the same being founded on an account for goods and mc___sold and delivered the Court sitting as a Jury doth find from the evidence aduced that the Defendant is indebted to Plaintiff in the sum of $290.94 debt and damages. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant the sum of $290.94 and also his costs and that he have an execution therefor. the Court
(continued)
79
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 665 (continued)
doth further find that there was a Writ of Attachment issued from this Court on 5th November 1863 in this cause which was by the Sheriff of this County levied on the 5th November 1863 on the following real estate of Defendant viz beginning at the SW corner of Lot No. 60 in Block No. 14 in the City of Springfield, thence East to SE corner of Lot 59 in Block 17, thence North 42 1/2 feet, thence West 20 feet, thence North 33 feet, thence West to Main South Street Thence South to the beginning.
p 665/666.
Elizabeth Crouch Plaintiff
against
William R. Saye 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 weekly newspaper published in the County of Greene, for four weeks, 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 and this action being founded on two promissory notes for the direct payment of money signed by Defendant whereby his indebtedness is ascertained the Court doth find from an examination of the same that the Defendant owes and stands indebted to Plaintiff in the sum of $1167 debt and $280.83 for damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant her said debt and damage and also her costs in this behalf laid out and expended and that this judgment bear 10% interest per annum.
p 666/667.
Robert P. Faulkner & Wiley M. Horton Plaintiffs
vs Civil Action
William C. Christian as administrator
of the estate of James H. Christian and
William C. Christian 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 delivering to William C. Christian a true copy of the original petition and Writ of Summons at least fifteen days before the first day of the last term of Court and this cause coming on for a final hearing and the enquiry of damage awarded at the last term of Court is had before the Court sitting as a Jury, a Jury having been waived by Plaintiffs and after hearing the evidence offered by Plaintiffs the Court doth find from said evidence that the Plaintiffs paid as securities of Jarvis M. Barker the surn of $3648.69 and that the Defendants were cosecurities with Plaintiffs for said Jarvis M. Barker on the debt paid by said Plaintiff and liable for the onefourth part each of said debt. It is therefore found by the Court that the Defendants are each indebted to Plaintiffs in the sum of ten hundred and Sixteen dollars for money paid by Plaintiffs as aforesaid. It is therefore considered and adjudged by the Court that the Plaintiffs have and recover of and from Defendants the said sum of $1016 each being $1016 from William C. Christian and $1016 from the estate of James H. Christian, deceased. It is further considered that an execution issue against William C. Christian for the said sum of $1016 and that both of said sums bear 10% interest per annum.
p 667.
Washington Wallis Plaintiff
vs Civil Action
George W. Campbell, Isaac Inmon,
Jesse Marley & David Wolf Defendants
(continued)
80
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 667 (continued)
Now at this day comes the Plaintiff bv attorney and on his motion a Writ of Attachment is ordered to issue to the Sheriff of Polk County against the property of George W. Campbell.
John J. Campbell Plaintiff
vs Civil Action
George W. Campbell, Isaac Inmon,
Jesse Narley & David Wolf Defendants
Now at this day comes the Plaintiff by attorney and on his motion a Writ of Attachment is ordered to issue to the Sheriff of Polk County against the property of George W. Campbell.
p 667/668.
Martin Brashears Plaintiff
vs Civil Action
Robert H. Edmonson &
Gabriel M. Freeman Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant R.H. Edmonson has been duly served with process by copy of Writ and Petition more than fifteen days before the first day of the present term of Court and it further appearing that the said Gabriel M. Freeman has been duly notified by publication in the Springfield Journal, a newspaper printed in this State for four Successive weeks the last insertion four weeks before the present term of this Court. And the said Defendants having failed to plead answer or demur to Plaintiff's petition and the same being founded on a note signed by Defendants for the direct payment of money whereby the indebtedness of Defendants is ascertained. The Court on an examination of the same doth find that the Defendants are indebted to the Plaintiff in the sum of $71.70 debt and $18.76 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants his debt and damage aforesaid and also his costs that this judgment bear 10% and that he have a general execution against Defendant R.H. Edmonson for the same. The Court doth further find that on the 1st March 1864 a Writ of Attachment issued in this cause and was levied on the following real estate of G.M. Freeman viz NE 1/4 SW 1/4 = SE 1/4 SW 1/4 NW 1/4 SE 1/4 = SW 1/4 SE 1/4 = NE 1/4 NW 1/4 = SE 1/4 NW 1/4 Section 10 and NW 1/4 NE 1/4 = SW 1/4 NE 1/4 = NE 1/4 SW 1/4 = smf SE 1/4 NW 1/4 Section 9 Township 28 Range 21. It is therefore considered by the Court that a special execution issue for same.
Ordered by the Court adjourn until Monday morning 9 o'clock.
Monday morning July 23, 1864
Court met pursuant to adjournment. Present as on yesterday.
John S. Phelps Plaintiff
vs Civil Action
J.L.C. Huddleston 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 having a copy of petition and writ left at his usual place of ablde with a free white person over the age of fifteen years, a member of his family, and having failed to answer plead or demur to Plaintiff's petition and the same remaining undefended it is considered by the Court that the Plaintiff have an interlocutory judgment against Defendant by default and it not appearing to the Court what amount Plaintiff is entitled to recover it is ordered that inquiry be had at the next term of this Court and this
(continued)
81
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864July 23 1864
p 668 (continued)
judgment be made final unless for cause the same be set aside to which time this cause is continued.
p 669.
Robert J. McElhaney Plaintiff
vs Civil Action
John Lair Defendant
It appearing to the satisfaction of the Court that the Plaintiff on the first day of the Term of this Court filed his interrogations against Colley B. Holland, Hervey L. Trantham, Alfred McDaniel, William F. Bodenhamer, H.F. Fellows and William A. Gibson and it appearing to the Court that the interrogations to be filed are substantially the same as were heretofore filed. It is ordered by the Court that the Plaintiff file
his interrogations to supply said lost papers which is accordingly done.
p 670.
Now at this day R.P. Whitlock, a Grand Juror impannelled on the first day of this Court, is by the Court discharged on account of sickness and James Vaughan is by the Sheriff summoned and duly sworn in his place as a member of the Grand Jury.
p 671.
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 for four Successive weeks in the Springfield Missourian, a newspaper published in this State the last insertion at least four weeks before the first day of the present term of this Court and the Defendant having failed to answer plead or demur to Plaintiff's petition and the same being founded on a claim for goods, wares and merchandise sold and delivered to Defendant, It is considered by the Court that the Plaintiff have a judgment interlocutory by default and that inquiry be held at the next term of this Court to ascertain the amount due Plaintiff, and this judgment made final unless the same be set aside for cause on or before the sixth day thereof.
State of Missouri Plaintiff
vs Judgment To Keep Peace
James Jones, W.J. Jones
and May Jopes Defendants
Now at this day comes the Circuit Attorney and also the Defendants and the prosecutrix Emily Yarborough failing to appear and prosecute said recognizance to Keep the Peace. It is by the Court adjudged to be dismissed, the said Recognition discharged and it further considered and adjudged by the Court that the prosecutrix Emily Yarborough pay to the State her costs laid out and expended and that she have execution for the same. It is ordered by the Court that the Sheriff and Jailor of this County shall at reasonable times permit the Attorney of the Court who are Counsel for prisoners confined in the Jail of this County to have private interview with prisoners for whom they are Counsel to provide a suitable place for such purpose.
p 672.
Joseph Moss, surviving partner
of J.S. Moss & Co. Plaintiff
vs Civil Action
Blackston H. Bills & Elizabeth D. Bills Defendants
(continued)
82
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 672 (cont.)
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the said Blackston H. Bills has been notified of the commencement of this suit by a copy of Plaintiff's petition and was left at his usual place of abode with a free white person over the age of 15 years and a member of his family and that the said Defendant, E.D. Bills was served personal notice by the Sheriff of Greene County more than fifteen days before the present term of this Court and the said Defendants having failed to answer plead or demur to Plaintiff's petition the same is taken as true, And the Court doth consider and adjudge that Plaintiff have an interlocutory judgment against Defendants that unless the same be set aside for good cause before the sixth day of the next term inquiry will be held to ascertain the amount Plaintiff is entitled to recover and this Judgment made final.
Joseph S. Moss, admin
Daniel D. Berry, deceased Plaintiff
vs Civil Action
Blackston H. Bills & Elizabeth D. Bills Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant, B.H. Bills, had been duly notified of the commencement of this suit by copy of Plaintiff's petition and was left with a free white person a member of the family over the age of 15 at his usual place of abode and the said E.D. Bills also notified by personal notice at least 15 days before the present term of this Court and the said Defendants having failed to plead, answer or demur to Plaintiff's petition and the same remaining wholly undefended is by the Court taken as true. It is therefore considered and adjudged by the Court that the Plaintiff have an interlocutory judgment against Defendant by default. It is therefore ordered that inquiry be had at the next term of this Court to ascertain what amount Plaintiff is entitled to recover unless this judgment be set aside for good cause on or before the sixth day of the next term this judgment will be made final.
p 673.
John S. Kimbrough Plaintiff
vs Civil Action
N.F. Jones, George M. Jones
and R.M. Jones 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 Springfield Missourian, a newspaper published in this State, of the commencement of this action for four successive weeks the latest insertion at least four weeks before the present term of this Court and having failed to plead answer or demur to Plaintiff's petition whereby the same is wholly undefended the same is taken as the Court as true and being founded on a promissory note signed by Defendant for the direct payment of money and the amount ascertained thereby the Court doth find from an examination of the same that the Defendant is indebted to Plaintiff in the sum of $639.05 debt and also the sum of $223.65 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs, that he have an execution therefor and this judgment bear 10% interest. This Court doth further find that on the 13th day of July 1864 a Writ of Attachment was issued in this cause which was 13th Feb 1864 by the Sheriff levied on the following property viz $292.92 in United States Treasury Notes and Postal Currency all the right and _____ of Defendant in the Southern part of Lot No 45 in Block No 13 fronting 95 feet on South Street and running back to the depth of said lot, also lot 46 Block 13, Lots 4 & 5 Kimbrough Second Addition to Springfield, also Lots 35,36,37 & 38 Hendricks & Jones addition to Springfield, Mo., wherefore it is ordered by the Court that a special execution issue against the property attached.
83
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 673.
Ordered by the Court that J.H. Shaw be appointed Circuit Attorney protem during the absence of the Circuit Attorney.
p 673/674.
B.H. Emmerson Plaintiff
vs Civil Action
Carrick W. Aiken 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 a weekly newspaper published in the State of commencement of this action for four successive weeks the last insertion at least four weeks before the present term of this Court and that the Defendant having failed to plead, answer or demur to Plaintiff's petition the same is herein wholly undefended and the same being founded on a bill of items for labor performed as an attorney. It is considered by the Court that the Plaintiff have a judgment interlocutory against Defendant but it not appearing to the Court what amount Defendant ought to recover. It is ordered that unless this judgment be set aside for cause shown on or before the sixth day of the next term of this Court inquiry will be had to ascertain the amount which the Plaintiff is entitled to recover and this judgment in all final.
p 674.
State of Missouri Plaintiff
vs Grand Larceny
James R. Blades Defendant
Now at this day comes James R. Blades as principal and T.J. Wallace and Isaac Blades as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be bond of their goods and chattels lands and tenements to be void on condition that the said James Blades who stands indicted in the Greene Circuit Court for Grand Larceny shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield on the 1st Monday in January 1865 and answer said Bill of Indictment and not depart said Court without leave.
p 674/675.
State of Missouri Plaintiff
vs Keeping Gambling House
Joseph F. Oneal Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is not guilty whereupon comes a Jury, viz J.H. Gibson, J. Woodward, E. Armstrong, J.C. Franklin, J.F. Robinson, L.A. Williams, G. Crubbs, A.M. Appleby, H.S, Killingsworth, A. Ingram, J.B. Robinson and H.M. Cates, twelve good and lawful men who being duly elected tried and sworn to try the issue joined and also taken and subscribed the oath prescribed by ordinance having heard the evidence and instructions of Court return into
Court the following verdict viz We the Jury find the Defendant not guilty wherefore it is considered and adjudged by the Court that the State take nothing by her suit, that the Defendant be discharged hereof and go hence without day.
p 675.
Bank of Missouri Plaintiff
vs Civil Action
William A. Carr, B.W. Henslee as
admin of S.D. Nelson, deceased,
and John Dixon Defendants
(continued)
84
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 675 (cont.)
Now at this day comes the Plaintiff by Attorney and by leave of Court dismisses this cause as to John Dixon. And it appearing to the Court that the said W.A. Carr, who appeared by Attorney and B.W. Henslee as admin. of the estate of S.D. Nelson, deceased, had been personally served with notice of this suit more than fifteen days before the first day of the present term of this Court and having failed to answer, plead or demur to Plaintiff's petition and the same being founded on a promissory note for the direct payment of money signed by Defendant Cart and S.D. Nelson, now deceased, and the amount of the Defendant's indebtedness ascertained thereby the Court doth find from the same that Defendants are indebted to Plaintiff in the sum of $800 debt and also $170 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant the sum of $800 debt and also $170 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant the sum of $800 debt and also his costs in this behalf. And it is agreed by the parties that execution shall not issue until after the next term of this Court.
p 675/676.
Bank of Missouri Plaintiff
vs Civil Action
Bedford W. Henslee & Mildred
Nelson admins of S.D. Nelson,
decd, W.T. Webster & William A. Carr Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to W.T. Webster. And it appearing to the Court that B.W. Henslee and Mildred Nelson as admins of S.D. Nelson had been duly notified of the commencement of this suit by personal notice more than 15 days before the fitst day of this Court and the said William A. Carr voluntarily appearing in Court by attorney and the said Defendants failing to answer plead or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by Defendants for the direct payment of money whereby the amount of the Defendants indebtedness is ascertained, the Court from an examination of the same doth find that the Defendants are indebted to Plaintiff in the sum of $150 debt and $27.40 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs and it is agreed by the parties that execution shall not issue on this judgment until after the next term of this Court.
p 676/677.
Bank of Missouri Plaintiff
vs Civil Action
A.S. Layton, Thomas F. Layton
and John W. Hancock Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to A.S. Layton and T.F. Layton, and it appearing to the Court that the Defendant John W. Hancock had been duly notified of the commencement of this suit by publication in the Springfield Missourian, a newspaper published in the 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 and the same being wholly undefended and founded on an instrument of writing signed by Defendants for the direct payment of money and the amount ascertained whereby the Court doth find from an examination of the same that Defendant is indebted to the Plaintiff in the sum of $155.10 debt and $29.08 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs, that he have an execution therefor and this judgment bear 10% interest. And it further appearing that a Writ of Attachment was by this Court issued in this Cause
(continued)
85
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 676/677 continued.
on April 29 1864 and by the Sheriff on the 19th June 1864 levied on the following real estate viz Lot No 3 NW Sec 2 and SW NE and NW NE and W 1/2 Section 11 Township 29 Range 21 and undivided half with J.T. Morton of Lots 1 and 2 NW Section 30 Township 28 Range 23 beginning at a point 33 poles 8 1/2 links West of NE corner of Section 23 Township 29 Range 22 running thence South 35 poles 20 links to Olive Street, thence West along North side of Olive Street 80 feet, thence North 35 poles 20 links, thence East 80 feet to beginning, containing one acre. And also beginning at SE corner of a Lot of Land heretofore conveyed by Joel H. Haden to the parties composing the firm of John H. Caynor and Co being part of Section 23 Township 29 Range 22, thence running East along North boundary of Olive Street 160 feet, thence North 35 rods 20 links to Section one dividing Sections 23 and 14, thence West along said Section line 160 feet, thence South to beginning. Also S 1/2 Lot No 4 NE 1/4 Section 3 and E 1/2 E 1/2 SE 1/4 Section 2 and SE 1/4 NE 1/4 Section 10 and Lots 1 and 2 NE fcl 1/4 and Lot 1 NW Section 3 and E 1/2 W 1/2 SW 1/4 Section 1 and SW 1/4 and W 1/2 SE 1/4 and W 1/2 E 1/2 SE 1/4 Section 21 and E 1/2 E 1/2 SW 1/4 Section 1 and NE 1/4 and E 1/2 NW 1/4 and 53 1/3 acres off North end SW 1/4 and W 1/2 NW 1/4 and E 1/2 NE 1/4 Section 11 all in Township 29 Range 21 West, also, N 1/2 SW 1/4 and W 1/2 NW Section 9 and E 1/2 NE 1/4 and NE SE 1/4 Section 8. all in Township 30 Range 24. It is therefore ordered that a special execution to sell the property so attached as aforesaid.
p 677.
Thomas P. Nelson Plaintiff
vs Civil Action
William M. Armstrong, James Vaughan;
J.M. Bailey & B.W. Henslee and
W.S. Norfleet adms of G.P. Shackleford Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to James Vaughan and J.M. Bailey and it appearing to the satisfaction of the Court that the said Defendants W.M. Armstrong and B.W. Henslee and W.S. Norfleet as admins of G.P. Shackleford had been personally notified of the commencement of this suit more than fifteen days before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition the same being founded on an instrument of writing purporting to be what is called a Constable's Receipt. The Court doth consider that the Plaintiff have an interlocutory judgment against said Defendants and that unless the same be set aside for cause on or before the 6th day of the next term of this Court an inquiry will be held to ascertain the amount which Plaintiff is entitled to recover to which time this cause is continued.
p 677/678.
Jacob Painter Plaintiff
vs Civil Action
David L. Fulbright Defendant
Now at this day this cause coming on to be heard and the Court sitting as a Jury the trial by Jury having been waived by the parties the Court doth find by the petition of Plaintiff and the answer of Defendant that the Defendant is indebted to Plaintiff in the sum of $560 debt and also $346.09 damage the same being the amount due on two promissory notes signed by Defendant and due Plaintiff. The Court doth further find that to same the payment of said notes Defendant on the 4th day of August 1863 executed and delivered to Plaintiff a mortgage for the following real estate viz the W 1/2 SW 1/4 and all his interest in the W 1/2 of SE 1/4 Section 23 Township 29 Range 22, also Lot 2 NW fcl 1/4 Section 31 Township 30 Range 22 except 8 acres sold to Stephen Dickens on the NE corner also the undivided interest in NW 1/4 Section 19 W 1/2 Lot 2 SW 1/4 Section 19 Except 3 acres sold to G.B. Youil off SE corner NE 1/4 SW 1/4 Section 17 all in Township 29 Range 23. It is therefore considered and adjudged by the Court that the Plaintiff have and
(continued)
86
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 677/678 (cont,)
recover of and from the Defendant his said debt of $560, his damage of $346.09 and also his costs in this behalf and that the Equity of Redemption the said real estate aforesaid be foreclosed and that a special fi fa issue to sell all or so much thereof as shall be sufficient to satisfy this judgment.
Ordered that the Court adjourn until tomorrow 8 o'clock. John S. Waddill C J
p 679.
Tuesday July 27th 1864
Court met pursuant to adjournment. Present as on yesterday.
Bank of the State of Missouri Plaintiff
vs Civil Action
Thomas F. Layton Defendant
Now at this day comes the Plaintiff by Attorney and it appearing to the Court that the Defendant had been duly served with copy of petition and summons for more than 15 days before the first day of the present term of this Court and the Defendant having wholly failed to plead answer or demur to Plaintiff's petition and this suit being founded on an instrument of writing signed by the Defendant for the direct payment of money the Court doth find from an examination that the Defendant is indebted to Plaintiff in the sum of $400 debt and $78.73 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs, that he have an execution therefor.
Bank of State of Missouri Plaintiff
vs Civil Action
Hugh T. Hunt & James Vaughan 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 served with process by copy of Writ and petition more than 15 days before the first day of the present term of this Court and the said Defendants having wholly failed to plead answer or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by Defendants
for the direct payment of money whereby the indebtedness of Defendants is ascertained the Court on an examination of the same doth find that the Defendants are indebted to the Plaintiff in the sum of $400 debt and $78.93 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs, that he have an execution therefor and this judgment bear 10% interest.
p 680.
Bank of State of Missouri Plaintiff
vs Civil Action
S.D. Galbraith, A.L. Galbraith
and Thomas A. Hagan Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants S.D. Galbraith and T.A. Hagan had been duly served with process at least 15 days before the first day of the present term of this Court and Defendant A.L. Galbraith had been served by leaving a copy of Writ with a white member of Defendant's family over the age of 15 years at least 15 days before the first day of the present term of this Court and Defendants having wholly failed to plead answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on an instrument of writing for the direct payment of money signed by Defendants whereby the amount of Defendants indebtedness is ascertained. The Court doth find from an examination of same
(continued)
87
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 680 (continued)
that the Defendants are indebted to the Plaintiff in the sum of $50 debt and $4.12 damage. 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, that he have an execution therefor.
p 680/681.
Bank of State of Missouri Plaintiff
vs Civil Action
A.L. Galbraith, T. Hagan
and Stephen D. Galbraith Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant S.D. Galbraith had been duly served with copy of petition and Writ and T.A. Hagan had a copy of Writ delivered to him and a copy of Writ left at the usual place of abode of Defendant A.L. Galbraith with a white member of his family over the age of fifteen years at least 15 days before the first day of the present term of this Court and Defendants having wholly failed to plead answer or demur to petition of Plaintiff the same is taken as confessed and this action being founded on an instrument of writing signed by Defendants for the direct payment of money whereby the amount of the Defendants indebtedness is ascertained. The Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $134.35 debt and $25.75 damage. 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, that he have an execution therefor.
p 681.
Bank of State of Missouri Plaintiff
vs Civil Action
Charles Layton, John S. Kimbrough,
Robert J. McElhaney and Clement Jaggard,
a firm doing business under the name and
style of McElhaney and Jaggard Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to Clement Jaggard and it appearing to the Court that the Defendants had been duly served with process as the Law directs at least 15 days before the first day of the present term of this Court and having wholly failed to plead answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on an instrument of writing signed by Defendants for the direct payment of money whereby the amount is ascertained. The Court doth find from an examination of same that Defendants are indebted to Plaintiff in the surn of $500 debt and $102.67 damage. 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, that he have an execution therefor.
p 682.
William A. Campbell and Eli G. Paris
Admin debonis non of Estate of
John Young, deceased Plaintiffs
vs Civil Action
Richard B. Coleman Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant had been duly served with copy of petition and writ at least 15 days before the first day of the present term of this Court and having wholly failed to plead answer or demur to Plaintiff's petition the same is taken as confessed for the foreclosure of a mortgage to real estate in Plaintiff's petition insure certain debts and
(continued)
88
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 682. (cont)
obligations of Defendant to said Plaintiff. It is considered and adjudged bv the Court that Plaintiff have interlocutory Judgment against Defendant and that unless the same judgment be set aside for good cause shown on or before the 6th day of the next term of this Court inquiry will be had to ascertain the amount Plaintiff is entitled to recover and this judgment made final.
Charles Sheppard &
Joseph B, Kimbrough Plaintiffs
vs Civil Action
Ishmael Lee Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly served with a copy of Plaintiff's petition and Writ more than 15 days before the first day of the present term of this Court and having failed to answer plead or demur to Plaintiffs petition the same being wholly undefended and founded on an instrument of writing signed by Defendants for the direct payment of money . The same is by the Court taken as true.. Whereby the amount of the Defendant's indebtedness is ascertained. The Court from an examination doth find that the Defendant is indebted to the Plaintiff in the Sum of $245.94 debt and $110.15 damage. 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, that he have an execution therefor and this judgment bear 10% interest.
Now at this day comes the Grand Jury and in the presence and thru their foreman return into Court nine true bills of indictment which are ordered to be filed and capiases to issue thereon instanter.
p 683.
Rebecca Payne, et al Plaintiff
vs Partition Real Estate
Daniel Payne, et al Defendant
Now at this day comes Joseph Gibson, the former Sheriff of Christian County and by leave of Court files his report of sale and distribution of proceeds of real estate sold in this County for partition in the above entitled cause as follows viz J.K. Gibson late Sheriff of Christian County in account with the parties of the suit of Rebecca Payne and others against Daniel Payne and others in partition for funds received from the sale of the West half of the SW 1/4 of Section 5 in Township 27 Range 21 as follows J.K. Gibson to said parties
| to cash received upon sales aforesaid | $179.54 |
| to interest received on the above | $6.14 |
| $185.68 |
| by cash paid on costs voucher No. | $10.70 |
| by cash paid to Lucy NcNatt Voucher #1 | $22.51 |
| by cash paid to Daniel Payne Voucher #2 | $22.51 |
| by cash paid to D.A. Dryden adm of | |
| Thomas Payne Voucher #3 | $22.51 |
| by cash paid to G.W. Britton admin of | |
| M.L. Britton Voucher #4 | $22.51 |
| by cash paid to Martha J. Robinson Voucher #5 | $22.51 |
| by cash paid to Rebecca Payne Voucher #6 | $26.14 |
| by cash paid to Rebecca Payne Voucher #7 | $56.28 |
| $185.67 |
89
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