Springfield-Greene
County LibraryMarch Term 1859
Book D JR
p 359.
State of Missouri Plaintiff
vs Playing Cards on Sunday
Martin Wisener 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.
p 360.
State of Missouri Plaintiff
vs Grand Larceny
James Comstock Defendant
Now at this day comes the Circuit Attorney and asks the Court to enter a nolle proseque in this cause; and it appearing to the satisfaction of the Court that the Grand Jury subsequently to the finding of the Indictment in this cause, had found another Indictment for the same offense; whereupon leave is given said Circuit Attorney to enter a nolle proseque in this cause.
St of Missouri Plaintiff
vs Grand Larceny
James Comstock Defendant
Now at this day comes into Court the Circuit attorney who prosecutes in this behalf and the Defendant in his own proper person and by attorney and the Indictment in this cause being read by said Circuit Attorney to said Defendant whereupon said Defendant was asked by the Court whether he was guilty or not guilty as charged in the Indictment to which said Defendant replied that he was not guilty.
p 361.
State of Missouri Plaintiff
vs Indictment for Grand Larceny
James Comstock Defendant
Now on this day comes the Circuit Attorney who prosecutes in behalf of the State and in own proper person and by attorney and severally announced themselves ready for trial, the Defendant plea of not guilty being withdrawn, whereupon the said Defendant in his proper person comes into Open Court and confesses that he is guilty in manner and form as charged in the said Indictment, and thereupon it is ordered by the Court that his plea of guilty be entered of record and that he be remanded to the Greene County Jail.
p 362.
Adam Weaver Plaintiff
vs Civil Action
William Hendricks Defendant
Now at this day again comes the Jury empannelled in this cause and also the parties by attorney and the said Jury having heard the argument of Counsel upon their oath do say "We of the Jury find the issues for Plaintiff and assess his damages at three thousand dollars." It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant his said damage of three thousand dollars and also his costs laid out and expended and that he have execution therefor.
103
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 362/363.
Israel Butts Plaintiff
vs Garnishee on Attachment
William Forsythe Defendant
Now at this day comes the Plaintiff by attorney and by leave of the Court files intertogation against Stephen Dorrell garnishee in this cause; whereupon comes the said garnishee and files his answer to said interrogatories in which he says he has in his possession belonging to said Defendant a lot of grass seed, daquerreotype machinery, two sheets of iron, one box medicine, one chair, and tin bucket which said property he delivered to the Sheriff and it is therefore considered by the Court that the said garnishee be discharged and it appearing to the Court that the property here attached may deappreciate in value if not specially sold and it is therefore ordered that the Sheriff sell the same as the law directs. It is further ordered by the Court it appearing to the satisfaction of the Court that Defendant is a non-resident of this State that publication be made in SPRINGFIELD ADVERTISER a newspaper published in this State for four weeks the last insertion to be at least four weeks before the next Term of this Court notifying the same Defendant that unless the contrary be shown on or before the first day of the next Term of this Court that Judgment will be rendered and petitioner will be granted and the said property attached and sold to satisfy the same.
p 363 Friday March 18, 1859
Three Motions filed.
p 364.
Ordered by the Court that the fine imposed on Charles McClure and P.C. Beal for failing to answer as Jurors be remitted.
James Triplett
vs Civil Action
J.L. McQuerter
Now at this day the motion to dismiss this cause coming on to be heard and the Court being fully advised of and concerning the premises said motion is by the Court overruled.
p 365.
H. & H.C. Adams Plaintiffs
vs Petition for Inspection
Paschal Hudson Defendant
Now at this day comes the parties by Attorney and the application for an inspection in this cause coming on to be heard and the Court being fully advised of and concerning the premises. It is considered and adjudged by the Court that the said application be refused and the petition therefor be dismissed and that the Defendant have his costs laid out and expended and that he have execution therefor.
p 366.
State of Missouri Plaintiff
vs Playing Cards on Sunday
Irwin Edwards
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.
104
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 367.
5 causes continued until next term.
p 368.
4 causes continued until next term.
p 369.
State of Missouri Plaintiff
vs Grand Larceny
James Comstock Defendant
Now at this day comes into Court the Circuit Attorney who prosecutes in behalf of the State and in this behalf and the Defendant in his proper person; and the said Defendant having heretofore confessed in Open Court in his own proper person he was guilty in manner and form as charged in the Indictment and said Defendant's plea of guilty having been entered of record and therefrom it is and adjudged by the Court that the punishment of said Defendant be assessed at 2 years confinement in the penetentiary of this State and it is further considered and adjudged by the Court that the Plaintiff have and recover of and from said Defendant her costs and charges in this behalf laid out and expended and that she have execution therefor. And is further ordered by the Court that the Sheriff of Greene County without delay transport said Defendant to the penetentiary of this State and deliver him to the keeper thereof. And it is further ordered by the Court that the Clerk of this Court make out under his official seal and signature a true copy of all the entries made in this cause for the Sheriff of Greene County.
p 369/370.
State of Missouri Plaintiff
vs Grand Larceny
Sowell Adams Defendant
Now at this day comes the said Defendant Sowell Adams and also Sample Orr and L. Hendrick as his securities who acknowledge themselves to stand indebted to the State of Missouri in the sum of $400 to be bond of their respective goods and chattles lands and tenements to be void on condition that the said Sowell Adams shall be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day of the next term thereof and answer to a Bill of Indictment preferred against him for Grand Larceny and not depart said Court without leave. Thereupon also comes A.J. Wilkerson, N.E. Chaffin, Thomas Wilkerson, John Caldwell, W.H. Williams, and, Z. Potter. witnesses on behalf of the State and Richard Graves and Robert Austin witnesses of the Defendant who acknowledge themselves to owe and stand indebted to the State of Missouri the sum of $100 each to be levied of their goods and chattles lands and tenements to be void on condition that they make their appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof and testify in a cause there pending wherein the State of Missouri is Plaintiff and Sowell Adams is Defendant and not depart said Court without leave.
p 371.
Sarah Preston Plaintiff
vs
Benjamin Atkinson admin of
est. of J.T. Cave Appellant
Now at this day come the Plaintiff by attorney and the motion heretofore to dismiss this cause coming On to be heard and the Court being fully advised of and concerning the premises said motion is sustained and said appeal is by the Court dismissed and leave given Plaintiff to withdraw the demand sued on. It is therefore considered by the
(continued)
105
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 371 - continued.
Court that the said Plaintiff have and recover of and from the appellant Benjamin Atkinson admin. as aforesaid her costs laid out and expended and that she have execution therefor.
Ruben R. Garrett Plaintiff
vs Civil Action
Abner Matson Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly served with process and has neither plead answered or demurred to Plaintiffs petition and that same remaining wholly undefended. It is considered and adjudged by the Court that the Plaintiff have Judgment by default and that a Writ of Enquiry be awarded returnable to the next term of this Court to ascertain the amount of damages to which Plaintiff is entitled.
p 372.
Samuel Fulbright Sheriff
vs
W.J. Cannefax et al
Now at this day comes the Defendants by Attorney and by leave of Court files his petition for Stay of Execution in this cause and William C. Price is entered as attorney for said Fulbright and Samuel Orr having entered himself as security for the delivery on the first day of the next term of this Court a Negroe levied upon as the property of Sarah Cannefax one of the Defendants. It is ordered by the Court that said execution be stayed until the next term of this Court.
106
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
Pages 374 thru 378 Instructions for running Circuit Court office and files.
p 379 thru 384
John Young et al
vs
John Fair
Now at this day comes the Commissioners appointed at the present term of Court to make partition of the real estate mentioned in Plaintiff's petition and by leave of the Court make the following report:
The undersigned Commissioners appointed by the Circuit Court of Greene County, Mo., to make partition of the following described real estate to wit: the SW3/4 of the NW 3/4 and the SW 3/4 of Sect 11 and the W 1/2 of the NE 3/4 of Sect 14 and the E 1/2 of the NE 3/4 and the SW3/4 of the NE 3/4 of Sect 9 and Lot No. 2 NW fcl 3/4 Sect 19 and theE 1/2 of Sect 16 and the E 1/2 of the SW3/4 of Sect 16 all in TWP 29 and the W 1/2 of the NE 3/4 of Sect 28 TWP 30 (all of Range 22) and the NE 1/2 of the NW 3/4 Sect 22 TWP 29 Range 22 and SW 3/4 of Sect 25 TWP 29 Range 22 among Robert Yancey, Stephen B. Yancey, Ann Rozzell Yancey, John Young, John Fair and John S. Phelps according to the respective rights, titles and IntereStS of the parties as ascertained and declared by the Court having taken the oath prescribed by the Law and considered of the premises beg leave to submit the following report, to wit: That the entire real estate above described is of the value of $23822.80. That the portion of the said Real Estate to which the heirs of Charles S. Yancey deceased are entitled and in equal portions is of the value of $19422.80. That a third of which or the share of each of the heirs aforesaid in the last mentioned real estate is of the value of $6474.26 and two-thirds of a cent. The said Commissioners then proceeded to divide the real estate belonging to each of the said three heirs in equal portions into three lots --
LOT #1 consisting of the W 1/2 of the NE 1/4 of Section 14.LOT #2 of NW fcl 1/4 of Sect 19 and SW 1/4 of the NW 1/4 of Sect 11 and the E 1/2 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Sect 9, amounting in all to 329.20 acres and valued at $6622.80.
LOT #2 consisting of SW 1/4 of Sect 11 and E 1/2 of SW 1/4 of Sect 16 TWP 29 Range 22 and the W 1/2 of the SE 1/4 of Sect 28 TWP 30 Range 22, amounting in all 320 acres and valued at $64.00
LOT #3 consisting of the E 1/2 of Sect 16 TWP 29 Range 22, amounting in all to 320 acres and valued at $6400. The said Commissioners then proceeded to cast lots for the said heirs which resulted as follows:
LOT #1 Fell to Stephen B. Yancey
LOT #2 Fell to Ann Rozzell Yancey
LOT #3 Fell to Robert Yancey
And so the said Commissioners report that they have allotted and assigned all the right title and interest in and to the said real estate described in LOT #1 to the said Stephen B. Yancey, his heirs and assigns, forever, to have and to hold the same in fee simple to his and their separate use and behoof, and the said Commissioners further report that they have allotted and assigned all the right title and interest in and to the Real Estate described in LOT #2 to the said Ann Rozzell Yancey, her heirs and assigns forever, to have and to hold the same in fee simple to her and their separate use and behoof. //p 381// And the said Commissioners further report that they have allotted and assigned all the right title and interest in and to the real estate described in LOT #3 to the said Robert Yancey, his heirs and assigns, forever, to have and to hold the same in fee simple to his and their separate use and behoof.
The said Commissioners next proceeded to make partition of the SW 1/4 of Section 25 TWP 29 Range 21 containing 160 acres more or less among Stephen B. Yancey, Robert Yancey, John Young and John S. Phelps according to the respective rights titles and interests of the parties as ascertained and declared by the Court and ask in respect
(continued)
107
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 378 thru 384 cont.
thereof to report that the value of the whole of the real estate just before given and described is $3200 that the share to which each of the twO said minors heirs, Stephen B. Yancey and Robert Yancey is entitled as declared by the Court is of the value of $133.33-1/3 and that the share to which John S. Phelps is entitled as aforesaid is of the value of $400 and that the share to which John Young is entitled as aforesaid is of the value of $2533.331/2. The said Commissioners further report that they have allotted and assigned all the right title and interest in and to the real estate contained in LOT #1 as appears and is described by its quantity bounderys, courses and distances on page first of plat of the real estate last aforesaid here with filed and made a part of this report to Stephen B. Yancey his wife heirs and assigns forever to have and to hold the same in fee simple to his and their separate use and behoof.
The said Commissioners further report that they have allotted and assigned to all the right title and interest in and to the real estate contained in LOT #2 as appears and is described by its quantity, boundaries, courses and distances on page first of plot of the real estate last aforesaid herewith filed and made a part of this report to Robert Yancey his heirs and assigns forever to have and to hold the same in fee simple to his and their separate use and behoof.
The said Commissioners further report that they have allotted and assigned all the right title and interest in and to the said real estate embraced included in the following boundaries to viz beginning at the SE corner of the SW 1/4 of Section 25 TWP 29 Range 22, thence West 20 poles, thence North 160 poles, thence East 20 poles, thence South 160 poles to the beginning, containing 20 acres more or less to John S. Phelps his heirs and assigns forever to have and to hold the same in fee simple to his and their separate use and behoof. The said Commissioners further report that they have allotted and assigned all the right title and interest in and to the remaining portion of the said SW 1/4 of Sect 25 of TWP 29 Range 22 containing 126.65 acres more or less to John Young his heirs and assigns forever to have and to hold the same in fee simple to his and their separate use and behoof.
The said Commissioners next proceeded to make partition of the W 1/2 of the NW 1/4 of Sect 22 TWP 29 Range 22 containing 80 acres more or less among Stephen B. Yancey, Robert Yancey and John Lair according to the respective rights, titles and interests of the respective parties as the same was ascertained and declared by the Court and ask to report as the result that the entire eighty acres of land last above described is of the value of $1200. That the value of the share of each of the two minors heirs in the above last described real estate ascertained and declared by the Court is $50. That the value of the share of John Fair in the real estate aforesaid ascertained as aforesaid is $1100. The said Commissioners further report that they have allotted and assigned all the right title and interest in and to the real estate contained in LOT #1 as appeared and is described by its quantity boundaries couses and distances on page second of the plat of the real estate last aforesaid herewith filed and made a part of this report to Stephen B. Yancey his heirs and assigns forever to have and to hold the same in fee simple to his and several separate use and behoof.
The said Commissioners further report that they have allotted and assigned all the rights, titles and interest in and to the real estate contained in LOT #2 and appears and is described by its quantity boundaries and courses and distances on page second of the plat of the real estate last aforesaid herewith filed and made a part of this report to Robert Yancey his heirs and assigns forever to have and to hold the same in fee simple to his and their several and separate use and behoof.
The said Commissioners further report that they have allotted and assigned all the right title and interest in and to the remaining portion of the said N 1/2 of the NW 1/4 Section 22 TWP 29 Range 22 containing
73.33-1/3 acres more or less to John Fair his heirs and assigns forever to have and to hold the same in fee simple to his and their
(continued)
108
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 378 thru 384 - cont.
separate use and behoof.
The said Commissioners further report that in order to make the shares in accordance with the rights, titles and interest of the respective parties as the same were ascertained and declared by the Court Stephen B. Yancey must pay Ann Rozzell Yancey $74.26-2/3 and for the said uses and purposes last aforesaid the said Stephen must pay to Robert Yancey an amount equal to the last before mentioned. The said Commissioners report as the items of their charges for Commissioners services and surveyors fees $20. All of which is respectfully signed this 17th day of March 1859.
HENRY FULLBRIGHT
JOS. FARRIER
J.J. WEAVER
Commissioners
p 384.
State of Missouri, County of Greene
Before me the undersign Clerk of the Circuit Court come this day Henry Fulbright, Jos. Farrier and Joseph Weaver who are personally known to me to be the Commissioners appointed by the Greene Circuit Court for the purposes set forth in the foregoing report and acknowledged made and signed the same for the purposes therein expressed
Witness my hand and seal of said Court heretofore apprised this the 18th March 1859.
A.G. McCracken Clk
by J.W.D.L.F. Mack D.C.
Henry Fulbright, Joseph J. Weaver and Joseph Farrier Commissioners appointed by the Circuit Court of Greene, Missouri, to make partition of the Real estate of Charles S. Yancey deceased make oath and say that they will honestly and impartially execute the trust imposed in them.
HENRY FULBRIGHT
JOSEPH J. WEAVER
JOS. FARRIER
Sworn to and subscribed before me this 11th day of March 1859.
J.H. EDWARDS CIRCUIT JUDGE.
p 387.
State of Missouri Plaintiff
vs Disturbing Religious Worship
Columbus Wisener 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 on said Defendant the sum of five dollars. It is therefore considered by the Court that the State of Missouri have and r ecover of and from said Defendant her said fine and also cost and that she have execution therefor.
Joel Norris Plaintiff
vs Civil Action
Moses Proctor Defendant
Now at this day the motion to rule Plaintiff to give Security for costs coming on to be heard for good cause shown in said motion is by the Court sustained. It is ordered by the Court that Plaintiff find Security for costs 30 days before the next term of this Court.
109
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 387.
Sarah Proston Plaintiff
vs Civil Action
Benjamin Atkinson, admin. Defendant
Now at this day the motion to set aside judgment of dismissal rendered in this cause coming on to be heard said motion is by the Court overruled whereupon the said Plaintiff by attorney and by leave of this Court files her Bill of Exception in this cause.
p 388/389.
Joseph M. Carthel et al
against
Mary M. Carthel et al
Now at this day comes on the petition in this case to be heard and it appearing that the Defendant Mary M. Carthel has been duly served with process and that the Defendant John Younger and George Younger have been notified of the commencement of this suit by publication in the SPRINGFIELD ADVERTISER a newspaper published in the State of Missouri for four weeks successively the last insertion being at least four weeks before the first day of this term of the Court and it appearing that the Defendant Mary M. Carthel has failed to answer or demur to the petition of the Plaintiffs the same is taken as confessed as to said Mary M. Carthel and it further appearing from the answer of the Defendant John and George Younger that the facts set forth in the petition of the Plaintiff are not denied. It is therefore considered by the Court that partition of the land mentioned in Plaintiff's petition be made and it appearing that the interest of the parties interested in the following land the SW 1/4 of the NW 1/4 , the NW 1/4 of the SW 1/4 , theE 1/2 of the SW 1/4 , the SW 1/4 of the SW 1/4 , the NE 1/4 of the NE of Sect 10, the NE 3/4 of Sect 9, the NW 3/4 of the NE 3/4 Sect 23, the W 1/2 of the NE 1/4 , the E 1/2 of the SE 1/4 of Sect 8, all in Township 28 Range 22. The SW 1/4 of Sect 3 Township 27 Range 22 and the NW fcl 1/4 and W 1/2 of the NE 1/4 Sect 31 in Township 29 of Range 23 are as follows that the said Mary M. Carthel has during her life the Mansion House and lots and pasture and 40 acres of the farm and that the Plaintiff Jos. M. Carthel is the owner of one-third of said land and that A.T. Bigbee and Sophronia his wife are the owner of one-third of said land and that John and George Younger are each the owners of the one-half of the one-third of said land and that William B. Foren, J.L. McCraw and Jabez Owen be appointed as Commissioners to make partition of said land according to Law and the interest of the parties and make report to this Court at the next term of this Court.
p 389.
Judith E. Kimbrough, William P. Kimbrough, Elizabeth C. Kimbrough, Nancy Kimbrough, Josiah A. Kimbrough, Mary D. Kimbrough
Expartee Petition for sale of Real Estate.
Now at this day comes the said parties and by leave of the Court filed this petition for a decree of sale of real estate therein and it appearing to the satisfaction of the Court from the evidence of witnesses that the petitioners are residents of the State of Tennessee and they are all infants under the age of 21 years except the said Judith who is the mother of the said infants and that said petitioners are the owners of one-third part thereof during her natural life which said land and real estate is known as follows, to wit: Lots one, five and six NE fcl 1/4 of Sect 2 in TWP 29 Range 23 and it further appearing to the satisfaction of the Court that the improvements on said land is in a state of decay and that it is to the interest of said infants petitioners that said land be sold. It is therefore ordered, adjudged and decreed by the Court that Henry Matlock who is Sheriff of Greene County be appointed a Commissioner of this Court to sell said land either at public or private sale and on such terms
(continued)
110
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 389 - cont.
as he may think proper if he can sell the interest of said minors for the sum of $1500 or more and that he make a report of his proceedings to the next term of this Court to which time this cause is continued.
p 390.
Elijah Gray Plaintiff
vs Civil Action
Fendal C. Cason Defendant
Now at this day comes the Plaintiff and files his petition verified by affidavit the general object of which is to obtain a decree of title to certain lands, namely, viz NE 1/4 SW 1/4 of Sect 36 Township 30 Range 22 and it appearing to the satisfaction of the Court that said Defendant is a non-resident of the State of Missouri and that ordinary process of Law cannot be served on him. It is therefore ordered by the Court that Publication be made in the weekly SPRINGFIELD MIRROR a newspaper printed and published in this State for four successive weeks, the last insertion to be at least four weeks before the next term of this Court notifying said Defendant to be and appear before the Judge of our Greene Circuit Court on the first day of the next term thereof to begin and be holden at the Court House in Springfield on the first Monday in August 1859 and plead, answer or demur to Plaintiff's petition or the same will be taken as confessed and a decree entered accordingly.
C.T. Schaffer
vs Sheriff's Deed
H.J. Chenoweth
Now at this day comes H. Matlock who is known to the Court as the Sheriff of Greene County and the person whose name is subscribed to an instrument of writing purporting to be a sheriff's Deed to M.M. McClure for the following described land viz beginning at the SE corner of a tract of land heretofore conveyed by J.P. Campbell to William M. Peck being a part of W 1/2 of NW 1/4 Section 24 Township 29 Range 22 thence North to J.B. Beiderlinden's South boundry, thence East to a point 10 feet East of said Beiderlinden's South boundry, thence East to a point 10 feet East of said Beiderlinden's SE corner, thence South to a point due east of the point of beginning containing one-fifth of an acre more or less. Said land being sold by virtue of an execution issued in the above entitled cause and the said Henry Matlock acknowledged that he executed the same for the uses and purposes therein contained.
p 391.
B.G. Barrett et al
Expartee
Now at this day comes P.C. King who is known to the Court as former Sheriff of Greene County and the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to Beverly Vaughan for the following land, viz W 1/2 of SW 1/4 Section 6 Township 30 Range 21 sold as the real estate of R.W. Sims by virtue of the Judgment of Greene Circuit Court for the purpose of partition and the said Peter C. King acknowledged that he executed the same for the uses and purposes therein contained.
B.G. Barrett et al
Expartee
Now at this day comes P.C. King who is known to the Court as former Sheriff of Greene County and the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to J.S. Barrett for the described land viz NW 1/4 of SW fcl 1/4 Sect 6 and N1/2 of SW1/4 of SW 1/4 Sec 6 TWP 30 Range 21 sold by virtue of an
(cont)
111
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 391 - cont.
order of the Greene Circuit Court for the purpose of partition and the said Peter C. King acknowledged that he executed the same for the uses and purposes therein contained.
B.G. Barrett et al
Expartee
Now at this day comes P.C. King who is known to the Court as former Sheriff of Greene County and the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to John W. Gately for the following land viz part of NW 1/4 Sect 9 TWP 30 Range 21 sold by order of the Greene Circuit Court as the real estate of R.W. Sims by virtue of the Judgment of Greene Circuit Court for the purpose of partition and the said Peter C. King acknowledged that he executed the same for the uses and purposes therein contained.
p 392.
Richard Steel Plaintiff
against
Elizabeth Horn
William Horn
Margaret Horn
Jane Horn
James Horn infant
children of Andrew Horn deceased
Margaret Steel
William Steel and
James Steel infant children
of Nemon Steel, deceased Defendants
Now at this day comes the Plaintiff and files his petition praying for Judgment of partition of certain real estate mentioned in said petition belonging to said Plaintiff and Defendants as joint owners and it appearing to the satisfaction of the Court that said Defendants are non-residents of the State of Missouri and that ordinary process of Law cannot be served on them. It is therefore ordered by the Court that publication be made in the weekly SPRINGFIELD MIRROR a weekly newspaper printed and published in this State for four successive weeks the last insertion to be at least four weeks before the next term of this Court notifying said Defendants to be and appear before the Judge of our Greene Circuit Court on the first day of the next term thereof to be begun and held on the first Monday in August 1859 at the Court House in Springfield and plead answer or demur to Plaintiff's petition or the same will be taken as con fessed and a decree entered accordingly.
p 392/393
James Ellison
vs Sheriff's Deed
Thomas J. Epperson
Now at this day comes Samuel Fulbright former Sheriff of Greene County by his deputy J.K. Gibson who is known to the Court as the legal deputy of Samuel Fulbright former Sheriff as aforesaid and the person whose name is subscribed to an instrument of writing purporting to be a Sheriff's Deed to Joseph L. Weaver and Co for the following described real estate viz a Lot in the town of Ozark known as Lot 27 in Block 8 sold by virtue of an execution issued by the Greene Circuit Court against Thomas J. Epperson et al and in favor of James Ellison said land sold as the real estate of Thomas J. Epperson and the said Samuel Fulbright by his deputy J.K. Gibson acknowledged that he executed said Deed for uses and purposes therein contained.
112
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 393.
Adam Weaver Plaintiff
vs Civil Action
William Hendricks Defendant
Now at this day comes the parties by attorneys and the motion to set aside the verdict rendered in this cause coming on to be beard and all and singular the premises being seen and by the Court understood said motion is by the Court overruled whereupon leave is given Defendant to file his Bill of Exceptions by the 1st day of June and the said Defendant prays an appeal to the Supreme Court which is by the Court granted. Where upon comes the said Defendant William Hendricks, Ruben E. Blakey and Augustus Simmons and acknowledged themselves to owe and stand indebted to Adam Weaver in the sum of seven thousand dollars to be levied of their goods, chattles, lands and tenements to be void on condition that the said William Hendricks who has this day taken an appeal to the Supreme Court on a Judgment rendered against him in the Green Circuit Court in favor of said Adam Weaver shall prosecute his appeal without delay and with effect and abide the Judgment of the Supreme Court otherwise to remain in full force.
p 394.
State of Missouri Plaintiff
vs Selling Liquor Without License
George L. Mitchell Defendant
Now at this day the motion to set aside the verdict and grant a new trial in this cause coming on to be heard and the Court being fully advised concerning the premises said motion is by the Court overruled. Whereupon comes the Defendant and by Law files his affidavit and appeal bond and prays an appeal to the Supreme Court which bond is by the Court approved and appeal granted and ordered that execution be stayed and Bill of Exceptions filed.
Israel Butts
vs
William Forsythe
Now at this day comes W.L. Herrington a garnishee in this cause and files his answer where he says he has certain personal property in his possession belonging to said Defendant who delivers to the Sheriff and also States that said Defendant is indebted to him in the sum of $10.50. It is ordered by the Court that said property be sold by the Sheriff and that he pay said garnishee the sum of $10.50 out of the proceeds of said sale.
Bank of Missouri Plaintiff
vs Sheriff's Deed
F. McCarty, P. Henderson et al
Now at this day comes Henry Matlock who is known to the Court as the Sheriff of Greene County and the person whose name is subscribed to an instrument of writing purporting to be a sheriff's Deed to Mark Bray for the following land, viz: the North side of the SE 1/4 of SW 1/4 of Sect 9 Township 27 Range 20 supposed to contain twenty acres sold under a Judgment and execution in the above entitled cause and the said Henry Matlock acknowledged that he executed and delivered the same as his voluntary act and deed.
p 395.
Neil McKinzie Plaintiff
vs Petition for Stay of Execution
Charles McClure Defendant
Now at this day comes the said Plaintiff by attorney and by leave of the Court files his petition to stay execution and set aside Judgment rendered in favor of said Defendant
(cont)
113
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 395 - (cont)
at the September term 1858 of this Court and the Court being fully advised of and concerning the premises it is ordered by the Court that the execution issue by the Clerk of this Court be stayed and that this Judgment rendered against said Plaintiff in favor of said Defendant be set aside and for naught held and leave given Plaintiff to plead to the petition filed by said Defendant sixty days from this time and the said McKinzie files his bond which is approved.
p 395/396.
P. and H.C. Adams Plaintiff
vs Petition for Injunction
P. Henderson Defendant
Now at this day comes the Plaintiffs by their attorney and file their motion to set aside the ruling of the Court in this cause which is by the Court overruled. Wherupon the said Plaintiff by leave of the Court files his affidavit and Bill of Exceptions and prays an appeal to the Supreme Court and the said P. and H.C. Adams as principal with John C. Price and R.W. Crawford as his Securities acknowledge themselves to stand indebted to P. Hudson in the sum of $200 to be void on condition that the said Adams shall prosecute his appeal without delay and abide the Judgment of the Supreme Court which said recognizance is by the Court approved and an appeal in this cause granted to the Supreme Court.
p 396.
William Harralson Plaintiff
vs Petition for Decree of Title
Abraham Fine Defendant
Now at this day comes the said Plaintiff by attorney and it appearing to the satisfaction of the Court that said Defendant had been duly notified by publication as the Law requires of the filing of Plaintiffs petition and having failed to plead, answer or demur to the same, the said petition and the facts therein stated are taken as confessed and the Court doth consider that said Plaintiff have Judgment by default and that the land mentioned in Plaintiff petition be vested in and be decried to said Plaintiff his heirs and assigns and it is ordered that unless good cause be shown to the contrary On or before the third day of the next term of this Court this decree will be made final.
Ordered by the Court that all causes and motions not otherwise disposed of be continued until the next term of this Court. Ordered by the Court that the fine imposed against John L. Rainey for Contempt be remitted.
Peter Copeland
vs Civil Action
Jesse Jennings, admin.
Now at this day the exceptions filed to the report of the Commissioners coming on to be heard said exceptions are by the Court sustained and said report set aside and on motion the order appointing M. Boyd commissioner is by the Court remanded.
p 397.
H. and D.C. Smith, admin
vs On Mandamus
Greene County Court
(continued)
114
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 397 (cont)
Now at this day comes the Defendant by attorney and by leave of the Court files the demurrer in this cause and the Court being fully advised concerning the premises said demurrer is by the Court overruled and the petitiOn of the Plaintiff being wholly undefended. It is ordered by the Court that preemptory Writ of Mandamus issue to said Defendant requiring said Court to credit and allow the demand of said Plaintiff to which Judgment of the Court Defendant excepted and by leave files his motion to arrest the Judgment in this cause which motion is by the Court overruled and the opinion of the Court in overruling said motion excepted to by Defendants attorney, and by leave given to file a Bill of Exceptions in vacation. And it is agreed by and between the parties that the Writ of Mandamus shall be considered as issued and Defendant's answer be considered as a return to said Writ.
p 398.
Jonathan Wilkes
vs Petition for Sale of Slave
J.G. Smallin
This day comes H. Matlock and files report of sale of Negro in the above entitled cause with a bill of costs and expenses which is by the Court approved. Said bill of costs as follows:
Clerk's fee -- $ 4.00
Sheriff's fee -- 24.22
Printers fee -- 3.50
Atty. Fee -- 25.00
$56.72
Thomas H. Turner et al
vs Partition
J.R. Turner
This day comes H. Matlock, Sheriff, and files his report of sale of real estate, James C. Turner Deceased with bill of costs and expenses attached, viz
Clerk Fee $ 7.00 Commissioner Fee $ 4.50 Printer's Fee $22.06
Sheriff's Comm. $43.48 Attorney Fee $25.00
Which bill of costs is allowed and said report in all things is by the Court approved.
p 398/399.
Harriett Mansfield Plaintiff
vs Civil Action
Thomas Mansfield Defendant
Now at this day comes here into Court Harriett Mansfield Plaintiff in the above cause and shows to the Court here that the Defendant has abandoned said Plaintiff his wIfe and that said Plaintiff and her children, offspring of the Plaintiff by said Thomas Mansfield, Defendant and husband of said Plaintiff and the Court being satisfied that the fact above stated by Plaintiff are true. It is therefore ordered adjudged and decreed that the said Plaintiff be allowed the sum of one hundred and fifty dollars for maintenance till next term of this Court and that she have and recover of and from the said Defendant the aforesaid sum of one hundred and fifty dollars for her maintenance and that of her children until the next term of this Court and that after demand of the aforesaid sum of one hundred and fifty dollars by the Plaintiff that execution issue therefor.
115
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
MARCH TERM 1859
p 399.
William W. Jeffries et al Plaintiff
vs Petition for Partition
Thomas J. Jeffries et al Defendant
Now at this day comes the said Plaintiffs by attorney and it appearing to the Court from the affidavit of W.H. Graves the publisher of the SPRINGFIELD ADVERTISER that said Defendants had been duly notified by publication as the Law directs of the filing of the petition of said Plaintiffs and it also appearing that said Defendants have neither plead answered nor demurred to the Plaintiffs petition. The same is taken as confessed and it is therefore considered by the Court that the said Plaintiffs have Judgment by default and it not appearing to the Court what the rights of the respective parties, Plaintiffs and Defendants, is in the estate mentioned it is ordered that an enquiry be awarded at the next term of this cause is continued.
END OF MARCH TERM 1859.
116
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