Springfield-Greene
County LibraryMarch Term 1855
Book D.
p 229/230.
Benjamin Cannefax Plaintiff
vs Civil Action for Debt.
T.W. Anderson and L.A.D. Crenshaw Defendants
Now at this day comes again the parties aforesaid and the cause coming on for trial and the parties aforesaid having by oral consent in Open Court waived and do now waive a trial by Jury and submit the same to the Court for trial and the Court having heard the evidence doth find from the testimony adduced that said Defendants by their said promissory note dated the 14th October 1853 promised for vaud_____ to pay Plaintiff and Thomas W. Anderson and Joseph Carthel which was a firm trading and doing business by the name and style of B.W. Cannefax, etc, on order 15 days after date the sum of $4770.57 which note was executed in consideration of goods purchased of said firm had a settlement of their affairs and the said Thomas W. Anderson and Joseph Carthel for a valuable consideration and in consideration of the indebtedness of said firm to Plaintiff sold and transferred all their interest in said note to Plaintiff by delivery and the said firm delivered said note to Plaintiff when by the said Plaintiff became the sole owner of said promissory note having accepted the same upon his said settlement with his said partners in lieu of so much money. The Court doth further find that the said Defendant Thomas W. Anderson on the 29th day of October 1853 paid on said promissory note the sum of $600. The Court states the conclusion of Law upon said facts to be that said Defendants are indebted to Plaintiff in the balance of said note and the interest thereon and liable to Plaintiff for the sum, and the Court further finds that-said Thomas W. Anderson and B.A.D. Crenshaw justly owe and are indebted to said Benjamin W. Cannefax in the sum of $4518.73 being the balance of said note and interest. It is therefore considered by the Court that said Benjamin W. Cannefax have and recover of said Thomas W. Anderson and Lewis A.D. Crenshaw the said sum of $4518.73 together with his costs and charges in this behalf laid out and expended and that he have thereof execution.
p 231. Wednesday Morning March 21st 1855.
Now at this day comes the Grand Jury into Court and returned the following Bills of Indictment:
State vs James Moody -- Betting on Election.
State vs George Badget -- Gaming
State vs John Layton -- Gaming
State vs John Wilkerson, et al -- Sabbath Breaking
State vs Henry Neaves -- Gaming
State vs Jacob James -- Gaming
State vs Elias Friend -- Gaming
State vs Richmond Johnson -- Gaming
State vs C.H. Wilkerson -- Gaming
State vs James Gray -- Betting on Election
State vs James Dinkins -- Disturbing Peace Of Family
State vs Joseph Pendleton -- Gaming
State vs William Kissee -- Gaming
State vs Washington Brulias -- Gaming
State vs Hiram Friend -- Gaming
State vs Harden Wood, et al -- Disturbing Peace Of Neighborhood.
State vs John Wilkerson -- Gaming
State vs Richard W -- Running On Public Road
State vs David Payne and P. Nowlin -- Betting On Election
Qualls Banfield -- Betting On Election
H.S. Blankenship -- Betting On Election
C.H. Wilkerson -- Gaming
(continued)
81
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
MARCH TERM 1855
p 231 (continued)
Which bills were ordered by the Court to be filed and capiases to issue thereon. And the Grand Jury reporting no further business before them were by the Court discharged.
p 232.
State of Missouri Plaintiff
vs Indictment. Betting On Election
James P. Gray Defendant
Now at this day comes E.B. Boone, Circuit Attorney, who prosecutes for the State of Missouri in this behalf as well as Defendant by attorney and he being called upon how he will acquit himself of the charge sayeth that he cannot deny but that he is guilty as charged in the Bill of Indictment and puts himself upon the mercy of the Court. It is therefore ordered by the Court that the said Defendant be fined in the sum of $10 for the commission of said offence. And it is further ordered by the Court that the State of Missouri have and recover of and from said Defendant to the sum of $10 the fine assessed as aforesaid together with all her costs in this suit laid out and expended and she have execution therefor with capias clause.
State of Missouri Plaintiff
vs Indictment for Becoming Stake Holder on Bet on Election.
Peyton Nowlin Defendant
Now at this day comes E.B. Boone, Circuit Attorney, who prosecutes for the State of Missouri in this behalf as well as Defendant by attorney and he being called upon how he will acquit himself of the charge sayeth that he cannot deny but that he is guilty as charged in the Bill of Indictment and puts himself upon the mercy of the Court. It is therefore ordered by the Court that the said Defendant be fined in the sum of $10 for the commission of said offence. And it is further ordered by the Court that the State of Missouri have and recover of and from said Defendant to the sum of $10 the fine assessed as aforesaid together with all her costs in this suit laid out and expended and she have execution therefor with capias clause.
James Campbell Plaintiff
vs Civil Action
Robert Forester Defendant
Now at this day comes the parties by their respective attorneys and the parties having announced themselves ready for trial thereupon comes a Jury, to wit: William Williams, Joshua M. Bailey, P.H. Lamb, QuaIls Banfield, Elijah Gray, Matthew Chapman, J.C. A. Wilson, James R. Ray, Absolom Kittner, J.W. Faught, Bryant Winfield and James H. Miller, twelve good and lawful men duly elected tried and sworn to well and truly try the issue joined in this cause and after hearing a portion of the testimony, and there not being sufficient time for the completion of the same, were by the Court permitted to retire until tomorrow morning.
p 233. Thursday Morning March 22, 1855.
James Campbell Plaintiff
vs Civil Action
Robert Forrester Defendant
Now at this day again come the Jury and the parties by their respective attorneys and the evidence having been completed and the arguments of counsel heard, the Jury reviewed the instructions of the Court and retired to consider of their verdict, and again coming into Court returned the following as their verdict, to wit: "We the Jury find the issue for the Plaintiffs and assess his damage at $229.58." It is therefore ordered and adjudged by the Court that the said Plaintiff have and recover of and from the said Defendant
(continued)
82
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
MARCH TERM 1855
p 233 (cont)
the said sum of $229.58 for his damages together with his costs laid out and expended for which execution may issue.
Now at this day comes Samuel Fulbright Sheriff of Greene County and files here in Court his report of the sale of the real estate of Edward R. Richards, deceased, which was by the Court reviewed and also an account for his services and money expended in paying costs and fees in behalf of said estate for the sum of $50.80 which was by the Court allowed.
Sheriff's Deed
to
Jacob Neff
Now at this day comes Samuel Fulbright who is known to the Court to be the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed and who is known to the Court to be the Sheriff of Greene County and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.
p 234.
Sheriff's Deed
to
Oscar J. Roberts
Now at this day comes Samuel Fulbright who is known to the Court to be the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed and who is known to the Court to be the Sheriff of Greene County and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.
Sheriff's Deed
to
William Webb
Now at this day comes Samuel Fulbright who is known to the Court to be the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed and who is known to the Court to be the Sheriff of Greene County and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.
Farmer and Bedford Plaintiff
vs Civil Action
A.W. Maupin Defendant
Now at this day comes the parties and Defendant failing to answer said Plaintiff's petition and the suit being founded on a note of hand, the Defendant consenting thereto it is ordered and adjudged by the Court that the Plaintiff have and recover of and from the said Defendant the sum of $97.64 for his debt and also the sum of $1.19 for his damages together with his cost laid out and expended for what execution may issue.
Hiram Worley Plaintiff
vs Civil Action on Garnishment
John DeBruin and John Dixon Garnishee
Now at this day comes the aforesaid garnishee by his attorney and files herein his answer to said Garnisher and states that he is indebted to the said Defendant in the sum of $6.40 now due. It is therefore ordered and adjudged by the Court that said Plaintiff have and recover of said Garnishee the sum of $6.40 for which execution may issue.
83
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
MARCH TERM 1855
p 235. Friday Morning March 23.
Jonathan Wood Plaintiff
vs Appeal
Wiley Hedgspeth Defendant
Now at this day comes the Defendant by his attorney and by leave of the Court files his motion to dismiss this cause.
2nd p 235.
State of Missouri Plaintiff
vs Gaming
Richmond Johnson Defendant
Now at this day comes the Defendant by his attorney and he being called upon how he will acquit himself of said Charge sayeth he cannot deny but that he is guilty as charged in the Indictment and puts himself upon the mercy of the Court. It is therefore ordered and adjudged by the Court that said Defendant be fined in the sum of $10 for the commission of said offence and it is further ordered by the Court that the State of Missouri have and r ecover of and from the said Defendant the said sum of $10 the fine assessed as aforesaid together with her costs laid out and expended for which execution may issue.
State of Missouri Plaintiff
vs False Pretenses
Qualls Banfield Defendant
Now at this day comes the Defendant Qualls Banfield, and Allen Fulden in to Open Court and acknowledge themselves justly indebted to the State of Missouri in the sum of $500 each to be levied upon their respective goods and chattles lands and tenements to be void upon condition that the said QuaIls Banfield shall make his personal appearance before the Judge of our Greene Circuit Court at a Court to be holden at the Court House in the town of Springfield on the second Monday in September A.D. 1855 on the first day of said Term then and there to answer to a Bill of Indictment preferred against him in said Court for "false pretense" and not depart said Court without leave.
p 236- nil.
p 237/238/239. Saturday March 24th 1855.
Thomas Rountree Plaintiff
vs Petition for Partition.
Mary Rountree, John Jameson,
Elizabeth Jameson his wife,
David Rountree, William Rountree,
George Rountree, John J. Rountree,
William F. AShaw, Jane his wife,
Andrew G. Rountree, John R. Rountree,
James J.P. Rountree, Nelson McKee, Emily
McKee his wife, Robert McKee, Mary Mckee
his wife, George McKee and heirs of
Cicero Rountree, Deceased and also the
heirs of Sarah McKee, Deceased, whose
names are unknown. Defendants
This day this cause came on to order of Publication heretofore made in this cause has been duly published in the Springfield Advertiser a newspaper published in this State for eight weeks successively the last insertion at least four weeks before the first day of the present term of the Court notifying the non-resident Defendants Mary Rountree, John Jameson and Elizabeth his wife, David Rountree, George W. Rountree, John J. Rountree, William F. AShaw and June his wife, Andrew G. Rountree, John R. Rountree
(continued)
84
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
MARCH TERM 1855
p 237-238-239 (continued)
Nelson McKee and Emily his wife and George W. McKee, Robert McKee and Nary McKee his wife and the infant heirs of Ciciro Rountree, deceased, whose names are unknown and also the children and infant heirs of Sarah McKee, deceased, whose names are unknown, notifying them of the commencement of the suit. And it appearing to the satisfaction of the Court from the return of the Sheriff that process has been duly served on the
said Defendants, William Rountree, Thomas S. Gillihan and James K.P. Rountree notifying them of the commencement of this suit. And the said Defendants failing to appear and to or answer the said petition except the infant Defendants who appear by Robert W. Crawford their guardian ad litem heretofore appointed by this Court whose answer does not deny the facts set forth in Plaintiff's position. And it appearing that the Plaintiff and Defendant are joint owners of the land mentioned in the petition as therein stated, It is therefore ordered and adjudged and decreed by the Court that the petition of Plaintiff be taken as true against said Defendants. And it appearing further to the satisfaction of the Court that partition of said real estate in said petition mentioned cannot be made without great prejudice to the owners thereof, It is therefore adjudged and decreed that the Sheriff of Polk County, the County in which said lands are situate, proceed to sell the same land and real estate in the said petition mentioned (to wit) beginning in the bed of a branch on the E 1/2 of the SW 1/4 of Sect 22 TWP 33 Range 24 West and running up and with said branch until it cones opposite a certain Post Oak Tree running from the branch to the said Post Oak Tree thence with a certain land in a North Easterly direction to a certain Elm Tree at the East end of said land said Tree being situated on the E 1/2 of the NE1/4 of Sect 22 TWP 33 Range 24 W, thence due North to the line dividing Sections 15 and 22, thence due West with said line to the SW corner of the E 1/2 of the SW 1/4 of Sect 15 TWP 33 Range 24 W, thence due South to the beginning, containing 40 acres more or less, also, the NE 1/4 of Sect 10 TWP 35 Range 23, containing 160 acres also the SW 1/4 of Sect 15 TWF 33 Range 24W containing 160 acres, also the W 1/2 of the SE 1/4 of Sect 15 TWF 33 Range 24 W containing 80 acres all of which said several tracts of land are situated in the County of Polk, and the E 1/2 of the NW 1/4 of Sect 4 TWP 35 Range 23 W, containing 80 acres lying and being situated in the County of Hickory in the State of Missouri, to the highest bidder as the Law directs, and it further appearing to the satisfaction of the Court that the parties are interested in said land as stated in Plaintiff's petition. It is herefore ordered and adjudged and decreed that the money arising from the sale of said lands be divided among the said parties, Plaintiffs and Defendants as follows: to the said Plaintiff Thomas Rountree one-thirteenth part, to John Jameson and Elizabeth his wife one-thirteenth, to David Rountree one-thirteenth part, to William Rountree one-thirteenth part, to John J. Rountree one-thirteenth part, to George W. Rountree one-thirteenth part, to the children and unknown heirs of Sarah McKee one-thirteenth part, to William F. AShaw and Jane his wife one-thirteenth, to Emily McKee and her husband William Miller one-thirteenth part, and to Andrew Rountree, John R. Rountree and James K.P. Rountree children of Joseph Rountree, deceased, one-thirteenth part and to unknownchildren and heirs of Cicero Rountree, deceased, one-thirteenth part, thereof. It is further ordered that the said Sheriff make report of his proceedings to the next Term of this Court and the Court doth further order that the costs of this suit be paid by the said parties according to their respective interest in said land and real estate.
p 239.
State of Missouri Plaintiff
vs Indictment Holding Stakes
Allen Fuldin Defendant
Now at this day comes the Defendant by his attorney and being called upon how he will acquit himself of said charge sayeth he cannot deny but that he is guilty as charged in
(continued)
85
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
MARCH TERM 1855
p 239 (continued)
the Indictment and puts himself upon the mercy of the Court. It is therefore ordered and adjudged by the Court that the State of Missouri have and recover of and from the said Defendant the said sum of $10 the fine assessed as aforesaid together with her costs laid out and expended for which execution may issue.
Now at this day comes Samuel Fulbright Sheriff of Greene County and files herein his report of the sale of real estate of William Martin, deceased.
p 240.
Joseph Charliss Taylor Blow and
W.J. Blow Company the firm of
Charliss Blow, etc Plaintiff
vs Civil Action in Debt. Judgment By Confession
George S. Mitchell Defendant
Now at this day comes the Plaintiff by his attorney and filed herein his petition sworn to as the Law directs and the said Plaintiff provided and filed herein a Power of Attorney executed by said Defendant authorizing William C. Otter as his attorney to confess a Judgment on the note mentioned in the petition and said Power of Attorney being duly provided to the Court, the said Otter confessed a Judgment on the note mentioned in the petition for the sum of $755.34 debt and $71.50 damages. It is therefore considered by the Court that said Plaintiff recover of said Defendant the said sum of $755.34 for his debt as well as $71.50 damage confessed as aforesaid also their costs herein expended. And the Plaintiff agrees that execution shall not issue until the first day of July 1855.
p 241.
Wood and Oliver Plaintiff
vs Civil Action
William C. Price Defendant
Now at this day comes the Plaintiff by his attorney and files his petition and the Defendant having agreed to plead at this term of this Court, leave is given him to file his answer in vacation 60 days before the next Term by serving the Plaintiff's attorney, William C. Otter, with a copy and it is agreed that the Plaintiff may amend his petition by serving Defendant with a copy ____ days before the nCxt Term of this Court. It is also agreed that the next term of this Court shall be the trial term. The Defendant is allowed to file his answer if petition should be amended to amended Petition on the first day of the next Term serving Plaintiff's attorney William C. Otter with a copy 60 days before the next term of this Court of said amended answer,
p 242.
Ordered that the Clerk of this Court punch and seal and press with the following device to wit a shield and scales in the center surrounded with "the seale of the Circuit Court of Greene County, Mo."
p 243-244.
George Cannifax and Robert Cannifax minor
heirs by their guardian Sarah Cannifax,
Sarah Cannifax, Sarah J. Humphrey,
Jacybinda Crow and Bryant Crow,
Vicy Ann Pallet and William Pallet Plaintiffs
Civil action for Partition of Real Estate
(continued)
86
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
MARCH TERM 1855
p 243-244.
(continued)
Now at this day comes Joseph Burden, William D. Proctor and Kindred Rose, Commissioners appointed by the Judge of Greene Circuit Court to make partition of the Real Estate of Joseph Cannifax, deceased, and John Cannifax, deceased, and present their report verified by affidavit as the Law directs, and all and singular the premises being seen and by the Court fully understood, it is ordered, adjudged and decreed by Court that said report be approved and that Sarah Cannifax, widow of Joseph Cannifax, deceased, be endowed of the one-third part of the Real Estate of said deceased as set apart to her by said Commissioners, to wit: the SE 1/4 of the SE 1/4 and theSW 1/4 of the SE 1/4 of Sect 32 TWP 29 Range 22 W containing 80 acres more or less during the term of her natural life, and it further appearing to the Court from the report of said Commissioners that the residue of said Real Estate is not susceptible of division and partition. It is further ordered, adjudged and decreed by the Court that said Real Estate be sold for the purpose of partition and distribution among the said several heirs according to their respective interests, to wit: William Cannifax, George Cannifax, Robert Cannifax, Robert Cannifax, Joseph Cannifax, Jacybinda intermarried with Bryant Crow, Vicy Ann intermarried with William Pallet and Sarah J. who intermarried with one John Humphrey, deceased, who are each entitled to one undivided interest to one seventh of the Real Estate after setting a part to Sarah Cannifax, widow of the said Joseph Cannifax, deceased, her dower, her dower interest in said Real Estate which said Real Estate is as follows, to wit: SE 1/4 of SE 1/4 and NW 1/4 of SW 1/4 and E 1/2 of SW 1/4 and NE 1/4 of NW 1/4 of Sect 32 TWP 29 Range 22 and NW of Ne 1/4 of Sec 31 TWP 29 Range 22. And it further appearing to the Court that Vicy Ann Joined by her husband Bryant Crow conveyed to William Cannifax by deeds duly signed and acknowledged all their right title and interest in and to the foregoing Real Estate who is entitled to three undivided sevenths of said Real Estate. It is further ordered by the Court that the Sheriff sell said Real Estate. Said Real Estate to be sold at public auction to the highest and best bidder during some day of the next Term of the Circuit Court on a credit of 12 months and pay over to each of said heirs according to their respective interests their prorata proportions of said Real Estate and it is further adjudged and decreed by the Court that the further report of said Commissioners who were also appointed to make partition of the Real Estate of John Cannifax, deceased, it appears that there are 8 heirs who are each entitled to one-eighth part of the following Real Estate - the E 1/2 of the SW 1/4 of Sect 32 TWP 29 Range 22 W, and Sarah Cannifax who is the mother of said John Cannifax, deceased, and four brothers to wit: William Joseph, Robert and George with their sisters, Sarah J. who intermarried with one John Humphrey, now deceased, Jacybinda intermarried with Bryant Crow and Vin Ann intermarried with William Pallet who are heirs and distributes of said Real Estate and it further appearing to the Court that Jacybinda joined by her husband Bryant Crow and Vin Ann joined by her husband William Pallet conveyed to Williani Cannifax by Deed duly signed and acknowledged all their right title and interest in and to the foregoing Real Estate and it further appearing to the Court from the report of said Commissioners that said Real Estate is not susceptible of partition. It is ordered adjudged and decreed by the Court that the Sheriff of said County of Greene sell said Real Estate at the Court House Door in the town of Springfield at public auction to the highest and best bidder during some day of the next Term of the Greene Circuit Court on a credit of 12 months and pay over to each of said heirs their respective interest in said Real Estate.
87
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
MARCH TERM 1855
p 244.
Thomas G. White Plaintiff
vs Enquiry of Damages
A.H. Walker, et al Defendants
Now at this day come the parties by their attorneys and neither party requiring a Jury this cause by their consent was submitted to the Court. And it appearing from the evidence that the property mentioned in Plaintiff's petition is of the value of $50 the conclusion of said court therefore is thus said Plaintiff is damages by said Defendants to the amount of $50. It is therefore considered by the Court that said Plaintiff have and recover of and from the said Defendants the said sum of $50 assessed as aforesaid for his damages together with his costs in this behalf laid out and expended and that he have execution therefor.
p 245.
A.H. Kelley Plaintiff
vs Civil Action
Richard Woodward Defendant
Now at this day this cause having by consent of parties been submitted to the Court for trial without a Jury, and the Court having heard all the evidence do find that Defendant and Plaintiff each furnished twentyfive dollars to enter the land in question and the Defendant entered said land with said money in his own name with the understanding that it was a partnership entry and that Plaintiff was to have the part by him broke or turned with the plow being on the east 4 of said land the part turned being 16.17 acres. That Defendant failed and refused to convey any part thereof to Plaintiff and said he would not do so but would return the money so furnished by Plaintiff. The Court states the conclusion of said in this case to be that Plaintiff is entitled to recover of and from the Defendant the east 1/2 of said tract of land. It is therefore ordered adjudged and deemed that the Defendant convey to the Plaintiff the east 1/2 of said NE 1/4 of SW 1/4 of Section 22 Township 30 Range 24 and that the title thereof be vested in the said Plaintiff, his heirs and assigns forever free from the claims of Defendant and all persons claiming under him and for the possession of the process of the Court may issue and also that said Plaintiff have and recover of said Defendant his cost laid out and expended for which execution may issue.
A.H. Kelley Plaintiff
vs Civil Action
Richard Woodward Defendant
Now at this day comes the Defendant by his attorney and files his motion to Set aside the finding of the Court in this cause which was by the Court overruled. The Defendant then prayed an appeal to the Supreme Court and filed his bond which was by the Court approved and the appeal granted.
p 246. Monday Morning March 26th 1855.
State of Missouri Plaintiff
vs Indictment for False Pretense
Abel Sunham Defendant
Now at this day comes the Defendant Abel Sunham and Horace Snow and S.H. Owen into Open Court and acknowledge themselves to owe and stand indebted unto the State of Missouri in the sum of $500 each to be levied upon their respective goods and chattles lands and tenements to be void upon condition that is Abel Sunham shall make his personal appearance before the Judge of our Greene Circuit Court to be holden at the Court House in the town of Springfield on the second Monday in September 1855 on the first day of the said Court then and there to answer to a bill of Indictment preferred
(continued)
88
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
MARCH TERM 1855
p 246 (continued)
against him in said Court for "False Pretenses" and not depart said Court without leave.
State of Missour Plaintiff
vs Gaming
James Sheham Defendant
Now at this day comes the Defendant by his attorney and being called upon how he will acquit himself of said charge sayeth he cannot deny but he is guilty as charged and puts himself upon the mercy of the Court. It is therefore ordered and adjudged by the Court that said Defendant be fined in the sum of $10 for the commission of the offense nd it is further ordered and adjudged by the Court that the State of Missouri have and recover of and from the said Defendant the said sum of $10 the fine assessed together with his costs laid out and expended for which execution may issue.
p 247.
State of Missouri Plaintiff
vs Sabbath Breaking
James Sheham Defendant
Now at this day comes the Defendant being called on how he will acquit himself of said charge sayeth he cannot deny but that he is guilty as charged in the Indictment, and puts himself upon the mercy of the Court. It is therefore ordered and adjudged by the Court that said Defendant be fined in the sum of $5 for the commission of the offense and it is further ordered and adjudged by the Court that the State of Missouri have and recover of and from the said Defendant the said sum of $5 the fine assessed together with his costs laid out and expended for which execution may issue.
Jonathan Wood Plaintiff
vs Civil Action. An Appeal - J.P.
Wiley Hudgspeth Defendant
Now at this day comes the parties by their attorney and by agreement dispensed with a Jury and submitted the same to the Court, and the Court after hearing all the evidence and the premises being seen and by the Court fully understood orders and adjudges that the Plaintiff have and recover of and from the said Defendant the sum of one dollar for his damage together with his costs laid out and expended for all of which execution may issue.
p 248.
Sheriff's Deed
to
R.J. McElhaney
Now at this day comes Samuel Fulbright who is known to the Court to be the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed and who is known to the Court to be the Sheriff of Greene County and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.
Now at this day comes Samuel Fulbright, Sheriff of the County of Greene and presents an account against the estate of Christopher McElhannon, deceased, for services and fees paid out by him for the said estate for the sum of $56.55 which was by the Court allowed.
89
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
p 248.
Ordered by the Court that Samuel Fulbright, Sheriff of Greene County pay the distributive share of Sally Blakey minor heir of the estate of James W. Blakey and her guardian Samuel Moss instead of Elizabeth Blakey as heretofore ordered.
Abraham Woody Plaintiff
vs Appeal from J.P.
Harmon Kellum Defendant
Now at this day comes the parties by their attorneys and by agreement a Jury is dispensed with and this cause submitted to the Court which after hearing all the evidence it was ordered and adjudged that the Plaintiff have and recover of Defendant the sum of $27.50 for his damages together with his costs laid out and expended for which execution may issue.
p 249.
State of Missouri Plaintiff
vs Gaming
James Sheham Defendant
Now at this day comes the Defendant by his attorney and being called on how he will acquit himself of said charge sayeth he cannot deny but he is guilty as charged and puts himself upon the mercy of the Court. It is therefore ordered and adjudged by the Court that the said Defendant be fined in the sum of $10 for the commission of the offense. And it is further ordered by the Court that the State of Missouri have and recover of and from the said Defendant the sum of $10 the fine assessed together with her costs laid out and expended for which execution may issue.
Tuesday Morning March 27th 1855
p 250.
James Williams Plaintiff
vs Civil Action
Richard Jones Defendant
Now at this day comes the parties by their respective attorneys and having announced themselves ready for trial, thereupon comes a Jury, to wit: John S. Kimbrough, Jabes R. Townsend, Joseph Moss, Wm. D. Proctor, James M. Forester, Presley C. Beal, Stephen Bedford, James Faulkner, Thomas Weaver, J.T. Campbell, John R. Roberts and J.H. Jarnigan, twelve good and lawful men who being duly elected tried and sworn to well and truly try the matters at issue between the parties. They were duly empannelled and after bearing a portion of the evidence and there not being sufficient time to consider the testimony the Jury were permitted to disperse until morning.
Wednesday Morning March 26th 1855
James Williams Plaintiff
vs Civil Action
Richard M. Jones Defendant
Now at this day again come the Jury empannelled on yesterday and having heard the remaining testimony and arguments of counsel and received the instructions of the Court and there not being time for them to fully consider of the verdict they were permitted to disperse untill tomorrow morning.
p 251. March 29, 1855
John R. Weaver, executor of John Weaver, deceased
vs Civil Action
W.R. Horn, admin of Caleb Horn, deceased.
(continued)
90
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
p 251 - (continued).
Now at this day come the parties by their attorneys and having announced themselves ready for trial thereupon came a Jury, to wit: James Robinson, John Breedlove, Joseph Hayden, Daniel Gray, James Rowan, L.H. Freeman, Allen Wallace,C.A. Jamison, John K. Pace, Joel Fagg, Robert Forester, Matthew Wallace, twelve good and lawful men being duly elected tried and sworn to well and truly try the matters at issue between the parties proceeded to hear the testimony which having been concluded thereupon comes the Plaintiff and says he will not further prosecute his said suit but will take a non-suit thereon. It is therefore ordered by the Court that the Plaintiff take nothing by his said suit and that the Defendant have and recover of and from the Plaintiff his costs laid out and expended for which execution may issue and leave is granted Plaintiff to file his motion to set aside said non-suit.
James Williams Plaintiff
vs Civil Action
Richard N. Jones Defendant
Now at this day again come the Jury empanneled in this cause and say upon their oaths they cannot agree upon a verdict nor is there any probability that they can so agree and by the consent of the parties the Jury was discharged.
p 252.
Rank of Missouri Plaintiff
vs Civil Action
J.W. Davis, J.E. Barkley
and James Faulkner Defendants
Now at this day come the plaintiff by his attorney and it appearing to the satisfaction of the Court that said Defendants had been duly served with Process more than 20 days before the commencement of this Court and the said Defendants having failed to plead answer or demur to said petition of said Plaintiff and the said Defendants being three times solemnly called comes not but makes default. Therefore the same is taken as confessed. And said demand being founded on an instrument of writing and the amount ascertained thereby said cause was submitted to the Court and the Court do find that the said Defendants are justly indebted to the said Plaintiff in the sum of $200 and that said Plaintiff has sustained damages by reason of the detention thereof in the sum of $19.50. Therefore it is considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid sum of $219.50 together with the cost laid out and expended for which execution may issue.
p 253. Friday Morning March 30th 1855
John R. Weaver, executor of Plaintiff
John Weaver, deceased
vs Civil Action
W.R. Horn, admin of
Caleb Horn, deceased Defendant
Now at this day comes the Plaintiff by his attorney and by leave of the Court files herein his motion to set aside the non-suit taken in the cause and reinstate the same on the docket. And all and singular the premises being seen and by the Court fully understood said motion was by the Court overruled.
p 254.
State of Missouri Plaintiff
vs Larceny
James Williams Defendant
Now at this day comes James Williams as Defendant and Qualls Banfield and Daniel Chandler as his securities in to Open Court and acknowledge theniselves to owe and
(continued)
91
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
p 254 (continued)
stand justly indebted unto the State of Missouri in the full sum of $300 each, and for themselves as securities, to be levied on their respective goods and chattles, lands and tenements. To be void however upon condition that the said Defendant James Williams shall make his personal appearance before the Judge of our Greene Circuit Court at a Court to be holden at the Court House in the town of Springfield to commence on the second Monday in September 1855 on the first day of said Court then and there to answer to a Bill of Indictment preferred against him for Grand Larceny and not depart said Court without leave.
p 255.
Marcus S. Garroutte and Michel Garroutte Plaintiffs
vs Civil Action
James S. Garroute Defendant
Now at this day comes the Plaintiffs by their attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified according to law by a publication in the SPRINGFIELD ADVERTISER, a weekly newspaper published in the State of Missouri. And the said Defendant being three times solemnly called came not but makes default. Neither does he appear to plea a answer or demurer to the petition of the said Plaintiffs. And said demand being founded on an instrument of writing and the amount ascertained thereby said cause was submitted to the Court, and the Court, sitting as a Jury find that the said Defendant is justly indebted to the Plaintiffs in the said sum of $420 and that the Plaintiffs has sustained damage by reason of the detention thereof in the sum of $82.60. Therefore it is ordered by the Court that the said Plaintiffs have and recover of and from the said Defendant the said sum of $502.60, and that the Clerk issue to the Sheriff of Greene County a special writ to sell the NW 1/4 of the NE 1/4 of Section 8 Township 28 Range 24 it being the same that was attached or 50 much thereof as will be sufficient to pay the aforesaid debt, damage and cost.
p 256.
Sheriff Report of Deed
to
John Thrower and Shelton McKinney
Now at this day comes Samuel Fulbright Sheriff of Greene County and files his report of the execution of Deed to John Thrower and Shelton McKinney.
p 257.
John R. Weaver Allen Fulden and Susan his wife
James J. Vaughan and Libina his wife Joseph Weaver
William A. Lawin and Angeline his wife
James Weaver, infant by his mother Permela Weaver
Permela Weaver, all legatees of
John Weaver, deceased, expartee
Petition for Partition
Now at this day comes the said Petitioners by their attorney praying the partition of the real estate of John Weaver, deceased, according to the will of said John Weaver, deceased, which is herein filed and it appearing to the satisfaction of the Court that the prayer of said petitioners should be granted. It is therefore ordered by the Court
that John D. Brown, John N. Ruyle and Abner Dabbs be and they are hereby appointed to make partition of said real eState according to the will of the said John Weaver, Dec'd.
92
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
MARCH TERM 1855
p 258.
Allen Fulden
to Deed of Emancipation
Clary (A person of color)
Be it remembered that on this 31 day of March 1855 personally appeared in Open Court Allen Fulden who is the identical person whose name appears to said Deed of Emancipation and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.
p 259-Divorce-Prev. written up.
p 260.
In vacation July 23 1855.
Thomas G. White Plaintiff
vs Civil Action
A.H. Walker Defendant
Now at this day comes the Defendant in this cause and files his bond which is by the Clerk in vacation approved praying an appeal to the Supreme Court in this cause which is by the Clerk in vacation granted to act as a supersedias.
p 261.
H. Worley Plaintiff
vs Garnishee
D.N. Fulbright Defendant
Now at this day comes the Defendant before the Clerk in vacation and acknowledges that he is indebted to John Debruin in the sum of four dollars, now due. It is therefore considered by the Clerk in vacation that the Plaintiff have and recover of the said Defendant the said sum of four dollars.
93
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