Springfield-Greene
County LibraryMarch Term 1859
Book D JR
(continued)
p 321.Saturday March 12, 1859
State of Missouri Plaintiff
vs Sabbath Breaking
William L. Herrington Defendant
Now at this day comes the Circuit Attorney and also the Defendant and by leave of the Court and consent of parties this cause is continued until the next term of this Court.
p 322.
State of Missouri Plaintiff
vs Peddling Without License
A.G. Dervautte Defendant
Now at this day comes the Circuit Attorney and on his motion this cause is continued until the next term of this Court.
Ordered by the Court that pleading time in all causes required to be plead to on or before the sixth day of this term be extended until Tuesday, next.
State of Missouri Plaintiff
vs Gaming
James Maupin Defendant
Now at this day comes the Circuit Attorney who says he will not further prosecute this suit. It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Selling Liquor
Greene Warren Defendant
Now at this day comes the Circuit Attorney who says he will not further prosecute this suit. It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.
p 323.
State of Missouri Plaintiff
vs Gaming
Robert Cannon Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Indictment, whereupon the Court doth assess as a fine on said Defendant the sum of ten dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her fine and also costs and that she have execution therefor.
Cause of Peter Wilson vs R.W. Crawford Civil Action Continued.
Hancock Haden and Co vs Iredel Jones and Henderson Jones Civil Action Dismissed.
p 324.
Hancock Haden and Co. Plaintiff
vs Civil Action
Henderson Jones Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant had been duly served with process and has failed to answer plead or demur to Plaintiff petition and the same being founded on an instrument of writing signed by Defendant and the amount ascertained thereby. The Court from an examination of the
(continued)
89
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 324 (cont)
same doth find that the Defendant is indebted to said Plaintiff in the sum of one hundred and ninety dollars debt and also five dollars and fifty four cents damages. It is therefore considered by the Court that the said debt and damages and also the costs laid out and expended and that they have execution therefor.
George R. Barrell, et al
Exparte Petition For Partition
Now it is this day ordered that the sum of one hundred and nine dollars and fifty nine cents be allowed Price and Hann as attorney's fees in this cause.
State of Missouri Plaintiff
vs Selling Liquor Without License #2 and #3
Magruder Tannehill Defendant
Now at this day comes the Circuit Attorney and also the Defendant and by agreement of parties this cause is continued until the next term of this Court.
p 325.
State of Missouri Plaintiff
vs Selling Liquor Without License #4 and #5
Magruder Tannehill Defendant
Now at this day comes the Circuit Attorney and also the Defendant and by agreement of parties this cause is continued until the next term of this Court.
John R. Roberts Plaintiff
vs Civil Action
John McHenry Defendant
Now at this day comes the said Plaintiff by attorney and files interogations against R.Q. Banfield garnishee on Fi Fa in this Cause, whereupon comes the said R.Q. Banfield garnishee and in answer to said interogation says he is indebted to said Plaintiff in the sum of ninety dollars now due. It is therefore considered by the Court that said Plaintiff have Judgment against said R.Q. Banfield for the said sum of ninety dollars as a fee for answering garnishee and that Plaintiff have execution against said garnisher for said Judgment.
p 326.
James R. Danforth Plaintiff
vs Civil Action
Warren H. Graves
R.P. Faulkner, Trustees--Defendants
R.B. Owen
John B. Perkins
Now at this day comes the Plaintiff by his attorney and the said Defendants being thrice solemnly called comes not but herein make default and fail to plead answer or demur to Plaintiff's petition. And it appearing to the satisfaction of the Court that the above named Defendants, Trustees of Springfield Division No. 91 Sons of Temperance had been duly served with process 15 days before the present term of this Court. It is therefore considered by the Court that the Plaintiff ought to recover and that he have Judgment by default against said Defendants Trustees as aforesaid and that a Writ of Inquiry be awarded to ascertain and assess the debt and damages due Plaintiff at the next term of this Court.
90
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 326/327/328/329
G.P. Shackleford admin of est. of Charles S. Yancey, deceased
Jno Young, Charles S. Yancey Jr and Ann Rozzell Yancey his wife and daughter of said Charles S. Yancey, deceased
Jno. S. Phelps, Stephen B. Yancey & Robert Yancey minor heirs of said Charles S.Yancey deceased, by their guardian curator of their estate Layton Yancey Plaintiffs
vs
John Lair Defendant
Now at this day come the said petitioners by their attorneys and the said minor heirs by their guardian and curator of their estates and the said Defendant comes and enters his voluntary _______ appearance to this suit and by leave of the Court files herein his answer to the petition of the said Plaintiffs admitting the truth of the facts stated therein and it appearing to the Court here from said petition and answer and the confession of said parties that the said Charles S. Yancey on or about the 9th day of February A.D. 1837 died intestate in the county of Greene in the State of Missouri, seized and possessed in fee simple of in and to the following described tracts of land situate and being in the County and State aforesaid, to wit: the SW 1/4 of NW 1/4 and the SW 1/2 of Sect 11 and W 1/2 of NE 1/4 of Sect 14 and E 1/2 of NE 1/4 and SW 1/4 of NE 1/4 of Sect 9 and Lot No 2 NW fcl 1/4 Sect 19 and E 1/2 Sect 16 and the E 1/2 of the SW 1/4 Sect No 16 all in TWP 29 and the W 1/2 of the SE 1/4 of Sect No 28 TWP 30 all of Range 22 and leaving as his lawful children and only heirs at law the said Stephen B. Yancey, Robert Yancey, and Ann Rozzell Yancey wife of Charles S. Yancey Jr as aforesaid to whom the above described real estate descended at the death of the said Charles S. Yancey in coparcenary in three equal undivided parts it is therefore considered by the Court and the Court Doth declare the right title and interest of each of the said children and heirs at law of the said Charles S. Yancey deceased as aforesaid to be one undivided third part of the above described real estate to be one undivided third part of the above described real estate and it further appearing to the Court from said petition and answer and the confession of the said parties that the said Charles S. Yancey died as aforesaid intestate as aforesaid seized and possessed of the following described real estate situate in the County and State aforesaid, to wit: one undivided eighth part of the N 1/2 of the NW 1/4 Sect 22 TWP 29 Range 22 containing 80 acres more or less which also descended at the death of said Charles S. Yancey to his said three children and heirs at law in three equal undivided parts that after the death of the said Charles S. Yancey, the said Ann Rozzell Yancey by Deed executed by her and her said husband Charles S. Yancey Jr. jointly conveyed her undivided third part of said estate above described real estate to the Defendant, John Lair, and so it appeared to the Court in manner aforesaid that said Defendant is now seized in fee of the whole of said N 1/2 of NW 1/4 of Sect 22 TWP 29 Range 22 except the undivided third part of said eighty-part in the 80 acres aforesaid which descended to each of the said minor heirs, Stephen B. Yancey and Robert Yancey and so the Court doth declare the right title and interest of the said Stephen B. Yancey and Robert Yancey in and to the said 80 acres of real estate last before described to be one undivided third part each in and to said undivided eighty-part of said 80 acres and that said Defendant John Lair is the owner of and seized in fee of the residue of said last above described 80 acres tract of land. And it further appearing to the Court from said petition and answer the confession of the parties that said Charles S. Yancey died as aforesaid intestate as aforesaid seized and possessed of the following real estate situate as afore said situate in the County and State aforesaid to wit: undivided eighty-part of SW 1/4 of
Sect 25 TWP 29 Range 22 containing 160 acres more or less which also descended at the
(continued)
91
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 326/327/328/329 - cont.
death of said Charles S. Yancey to his three children and heirs at law in three equal undivided parts that after the death of said Charles S. Yancey the said Ann Rozzell Yancey by Deed executed by her and her said husband Charles S. Yancey Jr conveyed her undivided one-third part of the aforesaid eighty-part of the real estate last above described to said John Young and so it appears to the Court in manner aforesaid that Plaintiff John Young is now seized in fee of the whole of the one hundred and sixty acres last above described except the undivided third part of the aforesaid eighty-part in the one hundred and sixty acres aforesaid which descended to each of the minor heirs Stephen B. Yancey and Robert Yancey and except oneeighth part of the one hundred and sixty acres aforesaid of which petitioner John S. Phelps is seized in fee and so it appears to the Court and the Court doth declare the right title and interest of the said Stephen B. Yancey and the said Robert Yancey to be an undivided third part each of in and to the undivided eighty-part of the one hundred and sixty acres of the real estate last above described. And it further appears to the Court and so the Court doth declare that John S. Phelps is seized in fee of an undivided eighty-part of the one hundred and sixty acres of real estate aforesaid. It is therefore considered ordered and decreed by the Court that partition be made between the said partitioners and the said Defendant of the real estate before described according to their respective rights as declared by the Court as aforesaid. And it is further ordered and considered by the Court that Henry Fulbright, Joseph J. Weaver and Joseph Farrier three respectable freeholders of the County of Greene and State of Missouri be and they are hereby appointed Commissioners to make partition of the said premises and real estate among the said petitioners and Defendant according to their respective rights title and interest so declared by the Court as aforesaid and that they make a full and ample report of their proceedings in writing to this Court signed by them specifying therein the manner of executing their trust and describing the lands divided and the share alloted to each of said parties with the quantity of each share the boundaries and distances and the items of their charges.
p 330.
John R. Hillhouse et al Plaintiffs
vs Partition
William G. Perkins et al Defendants
And now at this day comes as well the Plaintiff in this cause as the Defendants by attorney and it appearing by the petition of Plaintiffs that the parties, to wit: John R. Hillhouse and Damaris his wife in right of said Damaris, George T. Beal, Allen H. Beal, Rosewell K. Hart and Mary Jane his wife in right of said Mary Jane, James M. Bea1, Nellie Beal and William G. Perkins and Martha Perkins his wife in right of said Martha are each entitled to an undivided seventh-part in the lands of Daniel H. Beal deceased, said land being held in coparcenary as heirs at law of said deceased, to wit: W 1/2 of the SE 1/4 and NW 1/4 of NE 1/4 and SW 1/4 of NW 1/4 and N 1/2 of N 1/2 of SW 1/4 of Sect 29 TWP 29 Range 22 containing in all 200 acres. And it further appearing by the answer of Defendant that the facts as stated in the petition are true and all and sing ular the premises being by the Court understood it is by the Court here ordered and adjudged that the said distributees as aforesaid have one undivided seventh-part of said real estate and it is further ordered that Kindred Rose, Z.M. Rountree & Archibald Clark be and they are hereby appointed Commissioners to make partition of said lands as herein adjudged, and that they make report herein to the present term of this Court.
92
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p. 331 Monday Morning March 14, 1859
State of Missouri Plaintiff
vs Felonious Assault
William Gash Defendant
Now at this day comes the Defendant and by leave of the Court files his petition verified by affidavit for a Change of Venue on account of the prejudices existing in the minds of the citizens of Greene County agains him. Whereupon the Court doth award a Change of Venue to the Circuit Court of Christian County whereupon comes the said Defendant William Gash and James Preston as his security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be levied of their respective goods and chattles lands and tenementS to be void on condition that the said William Gash be and make his personal appearance before the Judge of the Christian County Circuit Court at the next term thereof on the first day of said Court at the place of holding Courts in said County and answer to a bill of Indictment preferred against him in the Greene County Circuit Court for a felonious assault and transferred by Change of Venue to said County of Christian and not depart said Court without leave.
p 332.
State of Missouri Plaintiff
vs Selling Liquor Without License
Houston Wallis Defendant
Now at this day comes the Circuit Attorney and also Defendant and by agreement and by leave of the Court the forfeiture of the recognizance taken in this cause is set aside and on motion of the Circuit Attorney this cause is continued until the next term of this Court.
p 333.
John McElhannon Plaintiff
vs Civil Action
Charles McCluer Defendant
Now at this day comes the parties by attorneys and by agreement this cause is dismissed and it is therefore considered by the Court that the Defendant have and recover of and from said Plaintiff his costs laid out and expended and that be have execution therefor.
p 333/334.
State of Missouri Plaintiff
vs Selling Liquor Without License
George L. Mitchell Defendant
Now at this day comes the Circuit Attorney and also the Defendant and having announced themselves ready for trial whereupon come a Jury to wit: A.M. Townsend, H.S. Blankenship, W.B. Farrel, T.J. Bridges, W.M. Horton, Henry Westmoreland, E.L. McElhaney, N. Trantham, H.H. Skeen, J.W. Lowry, James Boston and Nath Massey, twelve good and lawful men who being elected tried and sworn to try the issue joined having heard the evidence and received the instruction of the Court retired to consider of their verdict and again return into Court and render the following verdict: "We the Jury find the Defendant guilty in manner and form as charged in the Indictment and assess his punishment a fine of twenty dollars. J.W. Lowry, foreman." It is therefore considered by the Court that the State of Missouri have and recover of and from said Defendant her fine and also costs and that she have execution therefor.
93
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 335.
State of Missouri Plaintiff
vs Felonious Assault
Henry M. Nelson Defendant
Now at this day comes the Circuit Attorney and also the Defendant and having announced themselves ready for trial thereupon comes a Jury, to wit: D.L. Fulbright, John Freeman, A. Owens, E.W. Chambers, J.W. Lingo, J.J. Bradley, M. Johnson, W.J. Cannefax, B.W. Dodds, Perry Hasting and Alsey Oneal, twelve good and lawful men who being elected tried and sworn to try the issue joined having heard the evidence and instructions of the Court retire to consider of their verdict and again return into Court and say they cannot agree whereupon by consent of Counsel and leave of Court said Jury is discharged and cause continued till next term of this Court.
State of Missouri Plaintiff
vs Selling Liquor Without License
John Bragg Defendant
Now at this day comes the Circuit Attorney and also the Defendant and having announced themselves ready for trial thereupon comes a Jury, to wit: William Thompson, W.W. Blackman, John Young, W.L. Herrington, R.A. Plumb, J.C. Smith, A. Hollingsworth, W.T. Ward, M.J. Hubble, R.C. Graves and John Layton, twelve good and lawful men who being elected tried and sworn to try the issue joined retire to consider of their verdict and again return into Court and render the following verdict: "We the Jury find the Defendant guilty in manner and form as charged in the Indictment and assess as a punishment a fine of twenty dollars, D.C. Smith, foreman." It is therefore considered by the Court that the State of Missouri have and recover of and from said Defendant her fine and also costs and that she have execution therefor.
p 336.
Ordered by the Court that W.B. Roper for good cause shown to the Court be discharged from further Service on the Grand Jury impannelled this Court.
p 336/337.
State of Missouri Plaintiff
vs Peddling Without License
Samuel Jones Defendant
Now at this day come the Circuit Attorney who prosecutes for the State and S.R. Larrason who has been summoned as a Garneshee in this cause; and it appearing to the sat isfaction of the Court from the answer of said garneshee that there is in his possession the sum of three hundred and fifty five dollars belonging to said Defendant and it further appearing to the satisfaction of the Court that the State of Missouri at the last term of this Court obtained nine Judgments against the said Samuel Jones for Peddling Without License and that the said S.R. Larrason was summoned as a garneshee in each case; and it further appearing to the satisfaction of the Court that said garnishee has fully answered; it is therefore ordered by the Court that said garneshee has fully answered; it is therefore ordered by the Court that said garnishee be discharged and that he be allowed to sum of five dollars for his costs and charges in this manner; and it is further considered and adjudged by the Court that the State of Missouri have and recover of and from the said S.R. Larrason the sum of thirtyeight dollars and eighty eight cents on each of the said nine Judgments obt ained by the State of Missouri against the said Samuel Jones and that nine judgments for the sum of thirty eight dollars and eighty eight cents each be rendered against the said J.R. Larrason garneshee as aforesaid and in favor of the State of Missouri.
94
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 338/339/340/34l.
State of Missouri Plaintiff
vs Garnishment #1, #2, #3, #4, #5, #6, #7, #8, #9.
S.R. Larrason Garnishee
in the Case of the State
of Missouri against S. Jones Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and the said S.R. Larrason the garnishee in this cause; and it appearing to the satisfaction of the Court from the answer of said Garnishee that there is in the possession of said Garnishee the sum of thirty eight dollars and eighty eight cents belonging to said Samuel Jones; whereupon it is considered and adjudged by the Court that the State of Missouri have and recover of and from the said S.R. Larrason the garnishee in this cause the sum of thirty eight dollars and eighty eight cents and that she have execution therefor.
p 341/342.
After Garnishment #9 above Now at this day comes Robert W. Crawford and agrees that if the nine Judgments for the sum of $38.88 each which the State of Missouri this day obtained against S.R. Larrason, garnishee in the case of the State of Missouri against Samuel Jones be stayed until within twenty days of the next term of this Court that execution on said Judgments may afterwards issue against him, the said S.R. Larrason, aforesaid.
p 342.
State of Missouri Plaintiff
vs Selling Liquor Without License
James Jenkins Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State as well as in this behalf, and William C. Price who had been summoned as a garnishee in this cause, and it appearing to the satisfaction of the Court from the answer of said garnishee that there is now in his possession and under his control the sum of forty dollars the money of said Defendant and it further appearingto the satisfaction of the Court that the State of Missouri at the March Term of this Court, 1858, obtained two Judgments against the said James Jenkins for selling Liquor Without License. Whereupon it is considered and adjudged by the Court that the State of Missouri have and recover of and from the said William C. Price the garnishee in this cause the sum of $40 that said garnishee be discharged and be allowed the sum of five dollars for his costs and charges in this matter and that twO Judgments for the sum of $20 each in favor of the State of Missouri be rendered against the said William C. Price, garnishee in this Cause.
p 342/343.
State of Missouri Plaintiff
vs #1 and #2
William C. Price garnishee
on the case of the State of
Missouri against James Jenkins
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and the garnishee in his own proper person and it appearing to the satisfaction of the Court that there is in the possession of the said Garnishee the sum of $20 belonging to the said James Jenkins whereupon it isconsidered and adjudged by the Court that the State of Missouri have and recover of and from the said William C. Price the said sum of $20 and that she have execution thereof.
95
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 343.
State of Missouri Plaintiff
vs Gaming #1
Anderson H. Payne Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Indictment whereupon the Court doth assess as a punishment the said Defendant pay a fine of ten dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her said fine and costs and that she have execution therefor.
State of Missouri Plaintiff
vs Gaming #2
Anderson H. Payne Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Indictment whereupon the Court doth assess as a punishment the said Defendant pay a fine of ten dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her said fine and costs and that she have execution therefor.
p 344.
State of Missouri Plaintiff
vs Selling Liquor Without License
Magruder Tannehill Defendant
Now at this day comes the Circuit Attorney and on his motion it is ordered that an attachment issue for Alfred Obanion a witness in this cause returnable to the next term of this Court.
p 345. Tuesday March 15, 1859
William P. Johnson Plaintiff
vs Civil Action
G.W. Jeffries Defendant
Now at this day comes the parties by attorney and by agreement of parties and leave of the Court this cause is continued until the next term of this Court and leave is given Defendant to amend his answers by serving J.C. Price, Plaintiff attorney with a copy of the same 60 days before the next term of this Court.
Adam Weaver Plaintiff
vs Slander
William Hendricks Defendant
Now at this day came the parties by attorneys and having announced themselves ready for trial.Thereupon comes a Jury, viz: J.W. Lingo, W.L. Herrington, B.M. Degram, J.W. Robberson, B.H. Henslee, J.L. Gardner, R.G. Abernathy, J.W. Williams, J.M. Wood, R.P. Faulkner, R.J. McElhaney and Alsey Oneal, twelve good and lawful men, who being duly elected tried and sworn to try the issue joined between the parties having heard a portion of the evidence and there not being time to complete the same are permitted to dispense under the Charge of the Court until tomorrow morning 9 o'clock.
Ordered by the Court that Jn L. Rainey be fined $5 for contempt of Court in failing to appear as a Juror after being duly summoned as such.
96
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 345/346.
State of Missouri Plaintiff
vs Gaming #1
John Patterson
Now at this day comes the Circuit Attorney and also the Defendant by attorney who says he is guilty as charged in the Indictment whereupon the Court doth assess as a punishment on said Defendant the sum of ten dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant the said fine and also costs James Patterson agrees that if the same not be paid by the next term of this Court, that Execution may issue against him together with said Defendant for the same.
p 346.
State of Missouri Plaintiff
vs Gaming #2
John Patterson Defendant
Now at this day comes the Circuit Attorney and also the Defendant by attorney who says he is guilty as charged in the Indictment whereupon the Court doth assess as a punishment on said Defendant the sum of ten dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant the said fine and also costs James Patterson agrees that if the same not be paid by the next term of this Court, that Execution may issue against him together with said Defendant for the same.
Reuben R. Garrett Plaintiff
vs Slander
James Watson Defendant
Now at this day comes the Plaintiff by attorney and by leave of the Court amends his petition so as to read James Watson alias Abner Watson.
p 347. Wednesday March 16, 1859
Now at this day comes into Court Peter C. King late Sheriff of Greene County and known to the Court to be such and makes acknowledgement of a Deed to William G. Potter to the following described real estate belonging to the estate of Robert W. Sims deceased and sold by order of the Greene Circuit Court for partition among his heirs at law of the said Robert W. Sims deceased, to wit: NW 1/4 of SW 1/4 and W 1/2 of NW 1/4 Sect 9 a part of E 1/2 of NE 1/4 of Sect 8 and W 1/2 of SW1/4 Sect 4 and E 1/2 of SE 1/4 Sect 5 and W 1/2 of NW 1/4 Sect 4 a part of NE 1/4 Sect 5 and NW 1/4 of SW 1/4 Sec 9 SE 1/4 of SW 1/4 Sect 4 and SW 1/4 of SE 1/4 Sect 4 all in TWP 30 Range 21, containing five hundred and twenty acres and the said Peter C. King acknowledges the same to be his act and deed for the purposes therein contained.
Now at this day comes into Court here Peter C. King late Sheriff of Greene County and State of Missouri and known to the Court as such and who as said Sheriff aforesaid byorder of the Greene Circuit Court directing him to sell the real estate of Robert W. Sims deceased for partition among the heirs of said deceased and here in Court acknowledges a deed to R.N. Simms to the following described real estate, to wit: N 1/2 and part of S 1/2 SE fcl 1/4 Sect 1 TWP 30 Range 22 containing one hundred and twenty acres to be his act and deed and for purposes therein contained.
p 347/348.
Now at this day comes into Court here Peter C. King late Sheriff of Greene County and State of Missouri, and known to the Court as such and who as said Sheriff sold the real estate belonging to the estate of Robert W. Sims deceased on order of the Greene
(cont.)
97
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
MARCH TERM 1859
p 347/348cont.
Circuit Court for partition among the heirs of said deceased and acknowledges a deed to Marcus L. Abernathy to the following described real estate, to wit: S 1/2 NE fcl 1/4 Sect 1 TWP 30 Range 22 containing 80.34 acres as his act and deed for the purposes therein contained.
Now at this day comes into Court here Peter C. King late Sheriff of Greene County and State of Missouri and known to the Court as such and who as said Sheriff sold the real estate belonging to the estate of Robert W. Sims deceased On order of the Greene Circuit Court for partition among the heirs of said Robert W. Sims deceased and acknowledged a deed to Edward L. Abernathy to the following described real estate, to wit: SE 1/4 of NW 1/4 Sec 9 and NE 1/4 of SW 1/4 Sec 9 TWP 30 Range 21 containing 80 acres to be his act and deed for purposes therein contained.
p 349.
Alfred Hosman et al Plaintiff
vs Partition
Delinda Craig et al Defendants
Now at this day comes the Plaintiffs by attorneys and on their action it is ordered that the sale of the real estate belonging to the estate of Nathan Boone deceased heretofore ordered to be sold for the purpose of partition and also the military land warrant mentioned in Defendants petition be continued until the next term of this Court and that the Sheriff of Greene County advertise i?he same to be sold at the next term of this Court.
p 349/350.
William W. King Plaintiff
vs Application for Stay of Execution
John McMahan Defendant
Now at this day comes to be heard the application heretofore filed for a stay of execution in the above entitle cause and which said Writ of Execution was issued in a Judgment rendered at the September term 1858 of this Court in favor of William W. King and against John McMahan in the sum of two hundred and five dollars together with interest and costs of Suit and all the premises being seen and by the Court fully understood and it also appearing from the petition of said Defendant for the stay of said execution that he is entitled to the relief demanded and the said Defendant and petitioner having filed a good and sufficient bond further stay of execution which said bond is by the Court approved it is therefore ordered by the Court that the said writ of execution which was to the Sheriff of McDonald County in this State directed commanding him that after goods and chattles and real estate of the said Defendant John McMahan he considered to be made for debt, damages and costs in the said Judgment aforesaid mentioned etc precipina be stayed and that the said William W. King be summoned to appear at the August term of this Court and show cause why said stay should not be made and that a copy of this order duly authenticated be transmitted by the Clerk of this Court to the Sheriff of McDonald County in this State commanding him that he consider further proceedings under the said writ upon execution until otherwise ordered by this Court.
p 350.
State of Missouri Plaintiff
vs Permitting Slave to Sell Liquor #1
Peyton Nowlin Defendant
Now at this day the motion filed to quash the Indictment in this cause coming on to
(continued)
98
GREENE COUNNY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 350 (cont)
be heard and all and singular the premises being seen and fully understood said motion is sustained and this said indictment quashed. It is therefore considered by the Court that the State of Missouri take nothing by her suit and that the Defendant be discharged hereof and go hence without day.
p 350/351.
Joseph A. Renshaw admin. Plaintiff
vs Civil Action
James S. McQuerter Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Defendants have been duly served with process and neither pleading answering nor demurring to Plaintiffs petition and the same being founded on an instrument of writing and the amount ascertained thereby, the Court doth find from the examination of the premises that said Defendants are indebted to the said Plaintiffs in the sum of $176.50 and also the sum of $11.09 damages. It is therefore considered by the Court that the P1aintiff have and recover of and from said Defendants the sum of $176.50 for his debt and $11.09 for his damages and also costs of suit and that he have execution therefor.
p 351.
Causes continued until next term:
David Coble vs Samuel McDaniel -- Slander
David and Nancy Coble vs Samuel McDaniel -- Slander
Warren Cummins et al vs Jasper Rube et al -- Civil Action
p 352.
Causes continued until next term:
Thomas Montqomery vs James Beston -- Civil Action
L.A.D. Crenshaw vs Marcus Boyd et al
M.K. Macky vs R.H.Williams -- Civil Action
Joel Norris vs Moses Proctor -- Civil Action
p 353.
A. Keper Plaintiff
vs Civil Action
H.T. Gray Defendant
Now at this day comes the parties by attorneys and by consent in writing of parties it is ordered that a Change of Venue be awarded in this cause to the Circuit Court of Christian County.
W.T. Burford Plaintiff
vs Civil Action
James W. Edwards Defendant
Now at this day comes the parties by attorneys and it appearing to the satisfaction of the Court that Defendant has been duly served with process and the petition appearing to be fully undefended and the same being founded on an instrument of writing signed by Defendant and the amount ascertained thereby the Court doth find upon an examination of the same that said Defendant is indebted to said Plaintiff in the sum of $561.60 Debt and damage. It is therefore considered by the Court that Defendant have and recover of and from said Defendant the sum of $591.60 debt and damage and also his costs in this suit and that he have execution therefor.
99
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 353.
Calvin Bray Plaintiff
vs Civil Action
James Garrison Defendant
Now at this day comes the parties by attorneys and by agreement of parties it is ordered by the Court that a Change of Venue be awarded in this cause to the Circuit Court of Webster County.
p 354.
Catherine Dudley Plaintiff
vs Civil Action
William Dudley Defendant
Now at this day comes Henry Matlock known to the Court to be the Sheriff of Greene County and identical person whose name is subscribed to the instrument of writing purporting to be a Sheriff's Deed for the following described real estate, to wit: The North side of the SE 1/4 of the SW 1/4 of Section nine Township 27 Range 20 supposed to contain 20 acres more or less. Said real estate being sold by virtue of an execution in the above entitled cause. Said Deed being executed to Mark Bray and the said Henry Matlock acknowledges the same to be his act and deed for the purposes therein contained.
(Following in different handwriting very poorhard to read)
Catherine Dudley Plaintiff
vs Civil Action
William Dudley Defendant
Now at this day comes Henry Matlock known to the Court to be the Sheriff of Greene County and identical person whose name is subscribed to the instrument of writing purporting to be a Sheriff's Deed to John D. Brown for the following described real estate to wit: Lot or parcel of land adjoining the town of Linden beginning at the NE corner of a lot of land now owned by John Hancock on the North or NW of said town and running North 6 rods (5 unreadable words) eight rods thence South 6 rods _____ thence _____ thence East to the beginning also part of a lot adjoining and lying North of said Lot (3 unreadable words) of which is not _______ known said land being sold by virtue of an execution in the above entitled cause said Henry Matlock acknowledges the same to be his act and deed for the purposes therein contained.
p 355.
Now at this day comes the Grand Jury empannelled on the first day of this Court and return into Court the following true bills of Indictment, to wit: -
Nr 1 State vs Samuel McDaniel -- Selling Liquor Without License.
Nr 2 State vs Samuel McDaniel -- Selling Liquor Without License.
Nr 3 State vs Samuel McDaniel -- Selling Liquor Without License.
Nr 4 State vs Samuel McDaniel -- Selling Liquor Without License
Nr 5 State vs Samuel McDaniel -- Selling Liquor Without License
Nr 6 State vs Samuel McDaniel -- Selling Liquor Without License
Nr 7 State vs Samuel McDaniel -- Selling Liquor Without License
Nr 8 State vs Samuel McDaniel -- Selling Liquor Without License
Nr 1 State vs John Foster -- Selling Liquor Without License
Nr 2 State vs John Foster -- Selling Liquor Without License
Nr 3 State vs John Foster -- Selling Liquor Without License
Nr 4 State vs John Foster -- Selling Liquor Without License
Nr 5 State vs John Foster -- Selling Liquor Without License
(continued)
100
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 355 (continued)
Nr 1 State vs William Hunt -- Gaming
Nr 2 State vs William Hunt -- Gaming
Nr 3 State vs William Hunt -- Playing Cards On Sunday
Nr 4 State vs William Hunt -- Gaming
Nr 5 State vs William Hunt -- Gaming
Nr 6 State vs William Hunt -- Gaming
Nr I State vs Henry Utt -- Gaming
Nr 2 State vs Henry Utt -- Gaming
Nr 1. State vs William Duning -- Selling Liquor Without License
Nr 2. State vs William Duning -- Selling Liquor Wi hout License
Nr 3 State vs William Duning -- Selling Liquor Without License
Nr 1 State vs Samuel Link -- Disturbing Religious Congregation
Nr 2. State vs Samuel Link -- Playing Cards on Sunday
Nr 1 State vs William Gillespye -- Gaming
Nr 2 State vs William Gillespye -- Gaming
Nr 1 State vs Columbus Wisener -- Disturbing Religious Congregation
Nr 1 State vs Martin Wisener -- Playing Cards on Sunday
State vs Irwin Edwards -- Playing Cards on Sunday
State vs Jno Fetim -- Sabbath Breaking
State vs Thomas B. Pogue -- Disturbing Religious Assembly
State vs Jerome Young -- Playing Cards on Sunday
State vs William Beyre -- Selling Liquor Without License
State vs Granville Taylor -- Playing Cards on Sunday
p 356
State vs A. Payne -- Gaming
State vs John Patterson -- Playing Cards on Sunday
State vs Henry Johnson -- Gaming
State vs James Jackson -- Selling Liquor Without License
Which said Indictments are ordered on file in a capias issued thereon.
p 356/357.
John R. Hillhouse Plaintiff
vs Partition
William G. Perkins et al Defendants
Now at this day comes the Commissioners appointed the present term of this Court to make partition of the real estate mentioned in the above entitled cause and by leave of the Court file their report in words and figures following -
To the Honorable Circuit Court of Greene County in session
We the undersigned Commissioners appointed order of the Honorable Court to make partition of the real estate of Daniel N. Beal deceased according to the respective rights of the heirs and distributees of said estate as the same were ascertained and determined by the Court respectfully report that we have examined said premises and that the same is so situated that partition in kind cannot be made without great injury and prejudice to the owners of the same.
Z.M. Rountree
Kindred Rose
A. Clark
Sworn and subscribed before me this
11th day of March 1859
A.G. McCracken Clerk
by J.W.D.L.F. Mack Dep. Clerk
Which said report is by the Court received and in all things approved and confirmed and the Court doth find from an examination of the premises that the said petitioners are the owners of the following described real estate, viz: the W 1/2 of the SE 3/4 and the NW 3/4 of the NE 3/4. The SW3/4 of the NW 3/4 and N 1/2 of the 51/2 of SW3/4 Sect 29 Twp 29 Range 22 that said petitioners, to wit: John R. Hillhouse and Demanda his wife in (continued)
101
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 356/357 - (continued)
rights of said Demanda George T. Beal Roswell K.Hart and Mary Jane his wife in right of said Mary Jane James M. Beal Nelly Beal and William G. Perkins and Martha his wife in rights of said Martha are entitled to one-sixth part each of said real estate and the Court doth further find from the report of said comparcenary that partition in kind cannot be made of said real estate without great prejudice to the owners thereof. It is therefore considered, ordered and adjudged and decreed by the Court that the Sheriff of Greene County sell said real estate as required by law and after paying all costs and fees attending this proceeding pay the balance of the proceeds of the sale of said real estate to the said heirs and distributee accordingly to the respective interests as ascertained by the Court and make report of his proceedings therein to the Court.
p 357.
Adam Weaver Plaintiff
vs Slander
William Hendrick Defendant
Now at this day come again the parties and also the Jury impannelled on yesterday and having heard the evidence and instructions of the Court and there not being time to hear the argument of counsel the said Jury are permitted to disperse under the charge of the Court until tomorrow 9 o'clock.
p 358. Thursday March 17, 1859
William C. Porter Plaintiff
vs Civil Action
Jabez Owen and L.A. Campbell Defendants
Now at this day comes the Plaintiff by attorney and by leave of the Court dismisses this cause as to L.A. Campbell and it appearing to the satisfaction of the Court that the said Defendant Jabez Owen has been duly served with process and having neither plead, answered nor demurred to Plaintiffs petition and it being founded on an instrument of writing signed by said Defendant and the amount ascertained thereby the Court doth find upon an examination of the same that said Defendant is indebted to the said Plaintiff in the sum of $1111.10 debt and $79.72 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant the said Debt and Damages also his costs laid out and expended and that he have execution therefore.
Now at this day comes Thomas Mayfield former Sheriff of Dallas County and by leave of the Court files a report of his proceedings in the sale of real estate of Alpheus Huff deceased lying in said County at the October Term 1855 of the Circuit Court of said County which said report is by the Court approved.
p 358/359.
State of Missouri Plaintiff
vs Playing Cards on Sunday
Jerome Young Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says that he is guilty as charged in the Indictment whereupon the Court doth assess as a punishment on said Defendant a fine of five dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from the Defendant her said fine and also costs and that she have execution therefor.
102
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