Springfield-Greene
County LibraryMay Term 1844.
Book B.
p 378. Monday 13th day May 1844.
Honorable Charles S. Yancey, Judge, William C. Jones Prosecuting Attorney, Thomas B. Neaves Sheriff, Joshua Davis Clerk.
Now at this day came Thomas B. Neaves Sheriff within and for the County of Greene, returned the following venire of Grand Jury, to wit: Joseph Rountree 1. Thomas J. Hodges 2. Evans Tyler 3. A.H. Bryan 4. Joseph Evans 5. Benjamin Marley 6. Elijah Gray 7. John 0. Shepherd 8. Samuel Piper 9. Thomas G. Beasley 10. Joseph Batesel 11. William L. Herrington 12. Thomas P. Cardwell 13. Isaac Julian 14. James Eastham 15. Fifteen good and lawful men elected tried and sworn, received a charge from the Court and retired to consider of their presentments.
Ordered by the Court that J.E. Gary, William C. Price and James Arnold be and they are hereby permitted to sign the roll of attorneys also that William H. Bedford also be permitted to sign the roll of attorneys.
Ordered by the Court that J.H. McBride be appointed Prosecuting Attorney Protem to prosecute in behalf of the State of Missouri against Levi Baker.
p 379.
James Ellison Plaintiff
vs Petition in Debt
Thomas Jessup et al Defendants
This day came the Plaintiff in this cause and the Defendants having been three times solemnly called came not but makes default and the demands being founded on four instrument
(continued)
114
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
May Term 1844.
p 379 (continued)
of writing and the amount ascertained, thereby the Court do find that the Defendants owe and are indebted to the said Plaintiff in the sum of $200 for his debt and $15.50 for his damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid sum of $15.50 together with his costs in this behalf laid out and expended for all of which execution may issue.
p 380 - nil
p 381.
State of Missouri Plaintiff
vs Indictment for an assault with intent to kill.
John Dixon Defendant
This day came the Defendant in his own proper person and the Circuit Attorney who prosecutes in behalf of the State of Missouri being also present. The Defendant being arraigned says he is not guilty of the charge preferred against him in manner and form as charged in said Bill of Indictment and of this he puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: Isaac Woods 1. Daniel Beal 2. Elbert Martin 3. Eli Harlin 4. Guien Leeper 5. John Kimbrough 6. Robert B. Edmiston 7. Charles Hatler 8. George W. Swift 9. William H. Frazer 10. Washington Meritt 11. Howard Boone 12, twelve good and loyal men elected, tried and sworn and after hearing the testimony return into Court the following verdict "We the Jury find the Defendant not guilty as charged in the within indictment"- It is therefore considered by the Court that the said Defendant be discharged and go hence without day.
p 382.
James F. Hornbeak Plaintiff
vs Attachment
Fendel C. Cason Defendant
This day came the Plaintiff by his attorney and due proof of the order of publication having been complied with by publishing a copy of the same in the JEFFERSON INQUIRER a weekly newspaper published in this State for four weeks successively the last insertion having been more than thirty days previous to the May Term of this Court 1844 and the said Fendel C. Cason having been three times solemnly called came not but makes default and the demand being founded on an instrument of writing and the amount ascertained. Thereby the Court do find that the said Defendant owes the said Plaintiff the sum of $237.46. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendant the aforesaid sum of $237.46 for his debt and damages together with his costs in this behalf expended.
p 383.
Robert H.N. Saunders Plaintiff
vs Attachment
Fendel C. Cason Defendant
This day came the Plaintiff by his attorney and due proof of the order of publication having been complied with by publishing a copy of the same in the BOONSLICK TIMES a weekly newspaper published in this State for four weeks successively the last insertion having been more than thirty days previous to the May Term of this Court 1844. And the said Fendel C. Cason having been three times solemnly called comes not but makes default
and the demand being founded on an instrument of writing and the amount being ascertained. Therefore the Court do find that the Defendant owes the said Plaintiff the sum of $618.75. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $618.75 together with his costs in this behalf expended for all of which execution may issue.
115
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
May Term 1844.
p 384.
Thomas Jones Plaintiff
vs Petition in Debt
Peter Apperson Defendant
This day came the Plaintiff by his attorney and the Defendant having three times been solemnly called came not but makes default, the demand being founded on an instrument of writing and the amount ascertained, therefore the Court do find that the said Defendant owes the said Plaintiff the sum of $80 for his debt and $14.52 for his damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $94.52 for his debt and damages together with his costs in this behalf expended for all of which execution may issue.
p 385 nil.
p 386.
State of Missouri Plaintiff
vs Larceny
John L.C. Huddleston Defendant
This day came the Defendant in his own proper person and William C. Jones who prosecutes in behalf of the State of Missouri being also present. The Defendant being arraigned says he is not guilty of the charges preferred against him in manner and form as charged in the said Bill of Indictment and of this he puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: William Steele 1. John Steele 2. John R. Perkins 3. G.W. Younger 4. James Bealer 5. Thomas Jones 6. John Dixon 7. Wyatt Sandford 8. William Payne 9. John Young 10. John Delaney 11. John W. Sloan 12, twelve good and lawful men elected tried and sworn. After hearing the evidence in said cause returned here into Court the following verdict "We the Jury find the Defendant not guilty in manner and form as charged in the within indictment." It is therefore considered by the Court that the said Defendant be discharged and that he go hence without day.
386/387.
Fleming Mapier Plaintiff
vs Trespass
John Dixon, et al Defendants
This day came the Defendant by his attorney and dismisses as to Joseph Forbus and John Gilmore. It is therefore considered by the Court that the said Joseph Forbus and John Gilmore be discharged and go hence without day and that the said Joseph Forbus and John Gilmore have and recover of and from said Plaintiff their costs in this behalf laid out and expended for all of which execution may issue.
p 387.
Thomas Dodd Plaintiff
vs Appeal J.P.
N.J. Phillips Defendant
This day came the parties by their attorneys and neither party requiring a Jury the cause was submitted to the Court, the amount being founded on an instrument of writing. The premises being heard and fully understood by the Court, the Court do find that the said Defendant is indebted to the said Plaintiff in the sum of $5. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendant the aforesaid sum of $5 together with his costs in this behalf laid out and expended for all of which execution may issue.
116
GREENE COURTY, MISSOURI, CIRCUIT COURT CASES
Book B.
May Term 1844.
p 387/388.
This day was exhibited the report of a Jury summoned by the Sheriff of Greene County by virtue of a Writ of adquod damnum at the suit of Josiah Burney ordered to issue from this Court requiring said Sheriff to summon a Jury to make return to this Court of the damages any person would sustain in consequence of the erection of a dam erected across Sac River on the SouthEast qtr of Section 7 Township 30 Range 24 West which report is as follows "We the Jury do find that no damage to any person on account of the erection of the proposed dam will accrue, that no field or out houses will be materially injured by the same. We consider the health of the neighborhood will not be injured by the erection of said dam or that fish of passage will be obstructed." It is therefore considered by the Court that the said Josiah Burney be permitted to erect his said dam according to the prayer of said petition and that he pay the costs thereof for which execution may issue.
p 388.
State of Missouri to the use of Isaac Wood, adm. of est of Joseph Crow dec'd
vs
Stephen Fisher Defendant
This day came the Plaintiff by his attorney and it appearing to the satisfaction of the Court that a Judgment by default had been rendered against the Defendant on administration bond and said cause being submitted to the Court, the Court do find that the condition of the bond has been broken and that the penalty in the said bond mentioned is $3000. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant the aforesaid sum of $3000 and assess the damages reason thereof to the sum of $698.49 by reason of the breaches aforesaid, together with the costs in the behalf expended for all of which execution may issue.
p 389.
William L. Herrington Plaintiff
vs Petition in Debt
Ruth Leeper and Guien Leeper Defendants
This day came the parties by their respective attorneys the Defendant having withdrawn his plea filed in said cause and says nothing in the defense thereof, the demand being founded on an instrument of writing and the amount ascertained. Therefore the Court do find that the Defendants owe and are indebted to the said Plaintiff in the sum of $155.58 for his debt and $31.06 damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid sum of $155.58 Debt and $31.06 Damages together with his costs in this behalf laid out and expended for all of which execution may issue.
Joshua Jones Plaintiff
vs Appeal J.P.
Presley Beal & Jno. S. Wills Defendants
This day came the Plaintiff by his attorney and the Defendants having been three times solemnly called came not but makes default the demand being founded on an instrument of writing, and the amount being ascertained thereby. The Court do find that the Defendants owe and stand justly indebted to the said Plaintiff in the sum of $69.53 and $11.99 for his damages. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendants and Robert W. Sims, their security in the Appeal Bond the aforesaid sum of $69.53 and $11.99 together with his costs in this behalf laid out and expended for all of which execution may issue.
117
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
May Term 1844
p 390.Friday Morning 17th.
Constantine Perkins Complainant
vs In Chancery
Jerome G. Hammond Defendant
This day came the complainant in this cause by his solicitor who having heretofore filed his Bill of Complaint herein and it appearing to the satisfaction of the Court that the said Defendant is a non-resident of this State, it is therefore ordered by the Court as it has therefore been, that the said Defendant, Jerome G. Hammond, be notified that the said Complainant, Constantine Perkins, has coimienced his suit against him by filing his Bill of Complaint against him in which among other things he states and alleges he was possessed of his own right in fee simple of a tract of land situate in the County of Greene and State of Missouri and known and designated as the West half of the SouthWest quarter of Section No. 4 of Township No. 30 of Range No. 24 containing 80 acres and being so possessed of said land, on the 6th day of August A.D. 1841. In order to indemnify the said Jerome Hammond as the security of the said Complainant and Benjamin Howard Boone and William Cawlfield in a Bond that said Complainant would release the said Boone and Cawlfield as his prior securities in a Bond before that time given to the State of Missouri as the guardian of Sam'l R. Trousdale, a minor, the said Complainant conveyed the said tract of land to the said Jerome G. Hammond by a General Warranty Deed, but said Plaintiff avers that said Deed was executed with the express understanding and agreement that upon his releasing the said Boone and Cawlfield as his securities in the Bond aforesaid then the said Deed was to become void, annulled and cancelled, and that the said land was to be reconveyed by the said Hammond to the said Complainant and the said Complainant avers that he did well and truly release the said Boone and Cawlfield his securities in the Bond aforesaid and complied with every stipulation and agreement in the premises, but the said Hammond fraudulently intending to injure and defraud said Complainant had said Deed aforesaid recorded in the office of the Clerk of the Circuit Court in Greene County aforesaid and wholly neglected and refused to cancel and annul said Deed and reconvey said tract of land to said Complainant and that the said Jerome G. Hammond be notified to appear on the first day of the next term of the Greene Circuit Court to be holden at Springfield on the third Monday after the fourth Monday in October, next, to answer the Complaints bill or it will be taken as confessed, and it is ordered that this order of publication be published at least four weeks in the SPRINGFIELD ADVERTISER, a weekly newspaper printed in Springfield, the last insertion to be at least four weeks before the next nerm of this Court.
p 391.
Charles Tice Plaintiff
vs Appeal J.P.
William Pound and Thomas Potter Defendants
This day came the Plaintiff in this cause and the Defendants being three times solemnly called came not but make default and the amount being founded on an instrument of writing and the amount being ascertained thereby, the Court do find that the said Defendants owe and is justly indebted to the Plaintiff in the sum of $21.15 for his debt and damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said John D. Dickey, their security in the Appeal Bond, the aforesaid sum of $21.15 with 10% interest together with his costs in this behalf laid out and expended for all of which execution may issue.
John D. Dickey Plaintiff
vs Appeal J.P.
Joseph C. Price Defendant
This day came the Defendant in this cause by his attorney and the Plaintiff having been three times solemnly called, came not. It is therefore considered by the Court that the said cause be dismissed and that the Defendant recover his costs in this behalf laid out and expended for all of which execution may issue.
118
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
May Term 1844
p. 391.
James Clemens Jr Plaintiff
vs Execution and Garnishment
John C. Price Dfdt in the Execution
and William Sanders Garnishee
This day came the Plaintiff in this cause by his attorney and says he will no further prosecute his said suit against the said garnishee but voluntarily suffers the same to be dismissed as to said garnishee. It is therefore considered by the Court that the said Plaintiff take nothing by said Writ and that said garnishee have of said Plaintiff his costs in this behalf expended for all of which execution may issue.
James H. Haden Plaintiff
vs Appeal J.P.
John Perkins Defendant
This day came the Defendant by his attorney and says he will no further prosecute his said appeal but suffers the same to be dismissed. It is therefore considered by the Court that the Plaintiff have of the said Defendant his costs in this Court expended for which execution may issue and that the papers be remanded back to the Justice.
p 392.
R.H.N. Saunders Plaintiff
vs Assumpsit by Attachment
Fendel C. Cason Defendant
Now at this day came the Plaintiff in this cause by his attorney and thereupon came a Jury of inquisition to assess the damages of the said Plaintiff in said cause, to wit: R.P. Haden 1. John H. Campbell 2. Henry Fulbright 3. William Smith 4. John H. Miller 5. John Bedford Sr 6. James Malberry 7. John Holland 8. Benj. Cannefax 9. Wyatt Sanford 10. John Holland 11. Presley Beal 12, twelve good and lawful men who being duly elected tried and sworn to assess the damages as aforesaid upon their oaths do say "We the Jury find for the Plaintiff $145.66 for his debt and damages." It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $145.66 together with his costs in this behalf laid out and extended for all of which execution may issue.
Ordered by the Court that a capias issue against the persons against whom indictments were found at this Term of this Court.
p 393.
Jefferson, slave by his mother, Mary Plaintiff
vs Freedom
William T. Bufford Defendant
This day came the Defendant by his attorney and moves the Court to dismiss said cause, and for good cause shown this cause is dismissed.
Jerry, slave by his mother, Mary Plaintiff
vs Freedom
William T. Bufford Defendant
This day came the Defendant by his attorney and moves the Court to dismiss said cause, and for good cause shown this cause is dismissed.
119
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
May Term 1844
p 393.
Mariah, slave by her mother, Mary Plaintiff
vs Freedom
William T. Bufford Defendant
This day came the Defendant by his attorney and moves the Court to dismiss said cause, and for good cause shown this cause is dismissed.
Hosea Mullings & Elisha Headlee as Executor of Thos. C. Wilson, Dec'd
vs Attachment
Alfred C. Wilson Defendant
This day came the Plaintiffs by their attorney and proof of the order of publication having been complied with by publishing a copy of the same in the JEFFERSON INQUIRER, a weekly newspaper printed in this State for four weeks successively the last insertion having been more than thirty days previous to the May term of this Court 1844, and the said Alfred C. Wilson having been three times solemnly called came not but made default and the demand being founded on an instrument of writing and the amount being ascertained thereby, the Court do find that the said Defendant owes the said Plaintiff the sum of $100 for his debt and $35.25 for their damages. It is therefore considered by the Court that the said Executors Plaintiffs as aforesaid have and recover of said Defendants theaforesaid sum of $135.25 together with his costs to be levied of the West 1/2 of the NorthEast 1/4 of Section No. 22 Township No. 30 of Range 22 and the SouthWest 1/4 of the SouthEast 1/4 of Section No. 15 Township No. 30 of Range 22 in the County of Green, State of Missouri and that they have execution thereof.
p 394.
William Gibson Plaintiff
vs Debt
Littleberry Hendrick Defendant
This day came the parties respectively in their own proper persons and the Defendant says that he cannot deny but that he does owe and is indebted to the said Plaintiff in the sum of $500 for his debt and $247.81 for the detention thereof. It is therefore considered by the Court that the said Plaintiff have of and from the said Defendant the aforesaid sum of $747.81 with interest at 10% per annum together with his costs about his suit expended for all of which execution may issue.
p 395.
Thomas B. Neaves Plaintiff
vs Deed
Joel H. Haden Defendant
This day came Thomas B. Neaves who personally is known to the Court to be the Sheriff of Greene County and exhibited an instrument of writing purporting to be a Sheriff's Deed executed by him, the said Thomas B. Neaves, who is also known to the Court to be the same person whose name is subscribed thereto conveying to Joel H. Haden the East 1/2 of the Northwest 1/4 of Section 15 Township 28 Range 21 West containing 80 acres and West 1/2 of the Northeast 1/4 of Section 21 Township 28 Range 21 containing 80 acres and the West 1/2 of the Southwest 1/4 and the SouthWest 1/4 of the NorthWest 1/4 of the NorthWest 1/4 of Section 15 Township 28 Range 21 West containing 120 acres which land was sold by order of the County Court within and for. the County of Greene on mortgage to secure the payment of certain sum of money due to said County of Greene's Common School Fund as provided by an act of the Legislature of this State approved 9th February 1839 entitled "An Act for the Organization Support and Government of Common Schools".
120
GREENE COtJNTY, MISSOURI, CIRCUIT COURT CASES
Book B.
May Term 1844.
p 396.
Thomas B. Neaves Plaintiff
vs Deed
Peter Apperson Jr Defendant
This day came into the Open Court Thomas B. Neaves personally known to the Court to be the same person whose name is subscribed to the presented instrument of writing purporting to be a Sheriff's Deed known also to the Court to be the Sheriff of Greene County and conveying to Peter Apperson Jr 2 lots of land in the town of Springfield designated on the plot of said town as lots No. 3 and 10 in blocks No. 2 also lots No 59 & 60 in block No 17 sold by virtue of the execution as the property of John Edwards and acknowledged the same as his act and deed for the purposes therein mentioned.
This day personally appeared in Open Court William Smith, a Native of New Prussia, Germany, and formerly a subject of Frederick William 3rd King of New Prussia, Germany, and states upon oath that it is his said, Smith's, bonafide intention to become a citizen of the United States and that he hereby renounces forever all allegeance and fidelity to foreign Prince, Potentate, State or Sovereignty, whatever and perticularly all allegeance to the said Frederick William the 3rd King of New Prussia.
p 397.
William B. Sanders Plaintiff
vs Judgment
James W. Blakey Defendant
And now at this day came Griffin P. Sanders executor of the last will and testament of the said William Sanders dec'd by his attorney and gives the Court here to understand and be informed that the said Plaintiff hath departed this life having by his last will and testament appointed the same Griffin P. Sanders an executor of his said will and testament and also exhibits here to the Court his letters testamentary which were granted to him by the County Court of Newton County in the State of Missouri as by said letters testamentary in Court ready to be shown will appear, and also exhibits here to the Court his letters testamentary which were granted to him by the Clerk of the County Court of Newton County in the State of Missouri as by said letters testamentary in Court ready to be shown will appear, which gives sufficient evidence to the Court here that the said Griffin P. Sanders is executor of the last will and testament of the said William Sanders dec'd and the said Griffin P. Sanders as executor as aforesaid further gives the Court-here to understand and be informed that the said Judgment is unsatisfied, and that execution still remains to be done, and on motion of the said Griffin P. Sanders as executor as aforesaid against the said James W. Blakey to show cause if any he can why the said Griffin P. Sanders as executor as aforesaid shall not have execution against the said James W. Blakey for the aforesaid debt and damages and costs.
ENDS BOOK B. ENDS MAY TERM 1844.
121
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