Springfield-Greene
County LibraryMay Term 1845.
p 25. At a Circuit Court began and held on Monday the 19th of May 1845 - Present - The Honorable Charles S. Yancey Judge, Thomas B. Neaves Sheriff & Joshua Davis Clerk.
This day came Thomas B. Neaves Sheriff for Greene County and makes return here in Court the venire to summon a Grand Jury with a panel thereon endorsed to wit: 1. B.A. James 2. Abel Arrington 3. Thos. Cawifield 4. Winfrey J. James 5. Benj. Cowan 6. Benj. Adkinson 7. James Watts 8. Jacob Lakey 9. Thomas Sayers 10. Clifton 11. Thos. I. Hodges 12. Zachariah Sims 13. William Kerr 14. Joseph Burden 15 Andrew Delzell 16. Samuel R.W. Julian 17. James K. Alsop, seventeen good and Lawful men elected tried and sworn received a charge and retired to consider of their presentments.
Ordered by the Court here that C.W. McCullock, William Cunningham, James M. Barker and others be permitted to Sign the roll of attorneys.
p 26.
State of Missouri Plaintiff
vs Indictment Assault with Intent to Kill
Levi Baker Defendant
Now at this day came the Circuit Attorney who prosecutes on behalf of the State and says that he will not further prosecute said cause. It is therefore ordered by the Court that the said Defendant be discharged and that he go hence without day.
129
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1845
p 27.
State of Missouri Plaintiff
vs Recognizance to Keep the Peace
Russel Stokes Defendant
It is ordered that the Defendant in the above cause be discharged from his recognizance and it is considered by the Court that the said Plaintiff have and recover of and from the said Defendant her costs and charges in this behalf and that execution issue therefor.
p 28.
John Sappington Plaintiff
vs Petition in Debt
John McElhannon Defendant
Now at this day came the parties by their respective attorneys and neither party requiring a Jury, the demand being founded on an instrument of writing and the amount ascertained thereby. The Court do find that the said Defendant owe and is indebted to the said Plaintiff in the sum of $140.85 debt and $14.89 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant the aforesaid debt and damages together with his costs in this behalf laid out and expended and that he have execution therefor.
State of Missouri Plaintiff
vs Selling liquor without license.
John Kirk Defendant
Now at this day came the Defendant in his own proper person, the Circuit Attorney who prosecutes on behalf of the State of Missouri being also present and the said Defendant for a plea says he is not guilty and puts himself upon the County and the Prosecuting Attorney doth the like, and thereupon came a Jury to wit:Abraham Shipman, Porter Frizzell, Robert Small, James M. Riggs, Henry King, Chesley Cannefax, Milton Apperson, Samuel Caldwell, John Deeds, Thomas D. Barham, Arelulus Vaughan, John H. Miller, twelve good and lawful men elected tried and sworn. After hearing the testimony in said cause returned into Court the following verdict "We the Jury cannot agree." And by mutual consent the Jury was discharged by the Court.
p 29.
N.R. Smith and Co Plaintiff
vs Appeal
Peter Apperson Defendant
Now at this day came the Plaintiffs by their attorney and dismisses their said cause. It is therefore considered by the Court that the said Defendant have and recover his Costs in this behalf laid out and expended and that he have execution therefor.
p 30.
Shackleford and Farmer Plaintiffs
vs Appeal
Avenant Hollingsworth Defendant
Now at this day come the parties by their respective attorneys and by mutual consent it is agreed that the same be determined by a Jury of 6 men. Then came a Jury, to wit: William Townsend, Matthew Chapman, James Jeffries, Samuel McDonald, J.P.C. Langston and Channer Degraffenreid, six good and lawful men elected tried and sworn, after hearing the evidence brought into Court the following verdict - "We the Jury find for the Plain-
tiffs ten dollars damages." It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant their damages assessed as aforesaid together with their costs and that they have execution therefor.
130
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1845
p 30.
A. Tappan Plaintiff
vs Assumpsit
John and Mary Phelps
Now at this day came the said Defendants by their attorney and filed their motion to dismiss said cause and after argument of counsel and due deliberation had thereon it is considered by the Court that said motion be sustained and that said cause be dismissed.
p 31.
This day came Joseph Powell by his attorney, John S. Waddill, and on motion the Court allows the Sheriff of Greene County, Thomas B. NeaveS, to amend his return on an execut ion as follows, to wit: So as to read NorthWest 1/4 of the NorthEast 1/4 of Section No. 36 Township No. 29 Range No. 21 West. In the case of James Ellison against Elbert Martin and Afred S. Bone said Execution was issued on a Judgment in favor of said Ellison against said Elbert Martin and Alfred S. Bone rendered at the November Term of said Greene Circuit Court A.D. 1843 for the sum of $60 and $3.75 damages.
Abraham Shipman Plaintiff
vs Appeal J.P.
A.S. Bone and others Defendants
This day came the Plaintiff in this cause by his attorney and says he will no further prosecute his said suit and suffers the same to be dismissed and by agreement of saidparties Judgment is rendered against William Taylor for the costs in this behalf expended for all of which execution may issue and that the Plaintiff have leave to withdraw the instrument sued on, after leaving a copy thereof in its stead.
p 32.
William McFarland Plaintiff
vs Petition for Partition
Martha Pursely et al Defendants
Now at this day come the petitioner and suggests to the Court here that Addison Pursely, John Pursely, Sarah Pursely, James F. Pursely, Martha Pursely, William Pursely and Washington Pursely children of the said William Pursely dec'd are under the age of 21 years and have no guardian and prays the Court to appoint a Guardian ad litum for said minors and thereupon the Court appoints Marcus Boyd guardian ad litum for each of said children and it appearing to the Court that the said Martha Pursely and the aforesaid children of William Pursely dec'd have been duly notified that said petition would be presented, it is ordered by the Court that said respondants plead to said petition during this day.
p 32/33
Samuel M. McCorkle Plaintiff
to
Petition for Writ of ad quod damnum.
Now at this day come Samuel M. McCorkle and filed his petition praying for leave to erect a mill dam on the following described tract of land - the SouthWest 1/4 of NorthWest 1/4 of Section No. 11 Township No. 28 Range 21 situate in said County of Greene, and it appearing to the Court that the said Samuel M. McCorkle is the proprietor of the land through which the water course runs at the point where he proposes to erect his dam and the said stream is not a navigable stream at that point, it is ordered by the Court that a Writ of ad quod damnum be issued under the seal of the Court directed to the Sheriff of this County requiring him to summon 12 fit persons of this County to meet at the place where it is proposed to erect said dam on the 22nd day of May A.D. 1845 to make a Jury and then and thereby said Jury to enquire touching the matters contained in said petition.
131
GREENE COUTTY, MISSOURI, CIRCUIT COURT CASES
Book C.
p 33/34
William McFarland Plaintiff
vs Petition for Partiton
Martha Pursley et al Defendants
Now at this day come the petitioner by his attorney and the said Addison Pursely, John Pursely, Sarah Pursely, James F. Pursely, Martha Pursely, William Pursely and Washington Pursely, minor children of William Pursely, dec'd, their Guardian ad litum, Marcus Boyd and Martha Pursely, widow of the said William Pursely, dec'd, being thrice solemnly called comes not but makes default nor have the said respondants or any of them plead to the said petition and the Court upon hearing the evidence finds that the petitioner, William McFarland and William Pursely, now deceased, were tenants in common of the West 1/2 of the NorthEast 1/4 of Section 27 Township 29 Range 21 containing 80 acres situate in this County that the said McFarland owns the undivided 1/2 of said tract of land, that Addison Pursely, John Pursely, Sarah Pursely, James F. Pursely, Martha Pursely, William Pursely and Washington Pursely are the children and the only lawful heirs of the said William Pursely, dec'd, and each own an equal undivided interest in the other undivided half of said tract of land subject to the right of dower of Martha Pursely, widow of the said William Pursely, dec'd. It is therefore considered by the Court that partition be made between the parties aforesaid of the said tract of land according to the rights and interests of the parties therein as herein found and declared by the Court and it is ordered by the Court that Thomas J. Hodges, Peter Apperson and Joseph Kinder, respectible householders and resident freeholders of this county, be and they are hereby appointed commissioners to make partiti0n of said tract of land according to the respective rights and interests of the parties as the same has been ascertained and determined by the Court.
p 35. nil.
p 36.
J.E.B. Justin Plaintiff
vs Trespass on the Case.
William H. Sanford Defendant
Now at this day come the parties by their respective attorneys and thereupon came a Jury, to wit: Henry King 1. A.H. Bryan 2. John H. Deeds 3. Wilson Hackney 4. Joseph T. Morton 5. John Bell 6. Elijah Gray 7. James M. Riggs 8. William Townsend 9. Benjamin W. Cannefax 10. James Potter 11. Thomas Jessup 12., twelve good and lawful men duly elected tried and sworn to try this issue in this cause who, after hearing the evidence and argument of Counsel returned here into Court the following verdict "We the Jury find the Defendant guilty of the grieviences as charged in said Declaration and assess the damages of the Plaintiff at the sum of $204.50. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $204.50 assessed for his damages as aforesaid together with his costs and charges in this behalf laid out and expended and that he have execution therefor.
John W. Degan Plaintiff
vs Petition for Partition
George W. Rice Defendant
Now at this day come the Petitioner by his Attorney and made proof of the order of publication in this cause that the same has been published in the SPRINGFIELD ADVERTISER, a weekly newspaper published in Greene County for eight weeks successively the last insertion four weeks previous to this Term of the Court, the Defendant being thrice solemnly called comes not but makes default. The Court do find that the petitioner, John W. Degan and George W. Rice were tenants in common of the following described tract on parcel of land, to wit: Lot no. 37 in Block No 9 in the first tier of lots in the town of Springfield, Mo., containing 50 rods, upon which there is a weatherboarded log house that the said Degan owns the undivided half of said lot and house. It is therefore considered by the Court that the partition be made between the parties aforesaid of the
(continued)
132
GREENE COUTY, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1845
p 36 (continued)
said lot and house according to the rights and interests of the parties therein as herein found by the Court and it is ordered by the Court that Nicholas R. Smith, Thomas B. Neaves and R.A. Huffard, respectable householders and resident freeholders of said County be and they are hereby appointed commissioners to make partition of said lot and House among the parties aforesaid according to the respective rights and interests of the parties as the same have been ascertained and determined by the Court and that the said commissioners make report at this term of the Court.
p 37 & 38 nil
p 39.
State of Missouri Plaintiff
vs Indictment for accepting challenge to fight duel.
William Cunningham Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State and the said Defendant in his own proper person. Thereupon came a Jury, to wit: J.P.C. Langston 1. Daniel D. Berry 2. Presley Beal 3. George Cotter 4. Joseph H. Miller 5. Jacob Painter 6. John Lair 7. Jackson Akins 8. Thomas Griffis 9. Richard Hall 10. John Bell 11. A.M. Ellison 12, twelve good and lawful men who being duly elected tried and sworn returned into Court the following verdict "We the Jury find the Defendant guilty in manner and form as charged in said Indictment and assess a fine of twenty dollars." It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of twenty dollars assessed as aforesaid together with her costs in this behalf laid out and expended and that she have execution therefor.
p 39/40
State of Missouri Plaintiff
vs Indictment for Challenging duel
A. Maurice Jr. Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State and the said Defendant in his own proper person. Thereupon came a Jury, to wit: J.P.C. Langston I. Daniel D. Berry 2. Presley Beal 3. George Cotter 4. Joseph H. Miller 5. Jacob Painter 6. John Lair 7. Jackson Akins 8. Thomas Griffis 9. Richard Hall 10. John Bell 11. A.M. Ellison 12, twelve good and lawful men who being duly elected tried and sworn returned into Court the following verdict "We the Jury find the Defendant guilty in manner and form as charged in said Indictment and assess a fine of seventyfive dollars. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of seventyfive dollars assessed as aforesaid together with her costs in this behalf laid out and expended and that she have execution therefor.
p 41.
Green Austin Plaintiff
vs Appeal from J.P.
John P. Campbell Defendant
Now at this day come the parties by their attorneys and neither party requiring a Jury, the demand being founded on an instrument of writing and the amount ascertained thereby the Court do find that the said Defendant owes and is indebted to the Plaintiff in the sum of $4 for his debt and $1.67 for his damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant and Robert J. McElhaney, his security in the Appeal Bond, the aforesaid debt and damages together with his costs in this behalf laid out and expended and that he have execution therefor.
133
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1845.
p 41.
Green Austin Plaintiff
vs Appeal From J.P.
John P. Campbell Defendant
Now at this day come the parties by their attorneys and neither party requiring a Jury the demand being founded on an instrument of writing and the amount ascertained thereby. The Court do find that the said Defendant owes and is indebted to the Plaintiff in the sum of eighteen dollars and sixtyfive cents for debt and eight dollars and fiftyfive for his damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant and Robert J. McElhaney, his security in the Appeal Bond, the aforesaid debt and damages together with his costs in this behalf laid out and expended and that he have execution thereof.
p 42.
Green Austin Plaintiff
vs Appeal From J.P.
John P. Campbell Defendant
Now at this day come the said Plaintiff by his attorney and says that he will not further prosecute his said suit but suffers the same to be dismissed. It is therefore considered by the Court that he take nothing by his action and that leave is given the Plaintiff to withdraw the instrument sued on, and that the Defendant have and recover of and from the said Plaintiff his costs and charges in this behalf laid out and expended and that he have execution therefor.
McMichen - to the Case of John Young
vs
William McCarty
Now at this day come the Defendant by his attorney and filed his petition praying the Court to grant a rule requiring Peter Apperson, a J.O.P. for Greene County to return a transcript of the proceedings in the said case and also for a Writ of Prohibition enjoining all future action of said Justice in said cause. It is therefore considered by the Court that the rule be awarded and that said Justice return a transcript of the proceedings of said cause on the 23rd day of May 1845 and that a Writ of Prohibition be awarded enjoining all further proceedings of said Justice in said cause.
p. 43.
M. Davis Plaintiff
vs
Caldwell and others Defendants
Now at this day come the Plaintiff by his attorney and suggests to the Court here that Thomas Price, one of the Defendants, is under age of 21 years and has no Guardian ad litum for said minor. It is ordered by the Court that William C. Price be appointed Guardian ad litum for said Thomas Price.
Now at this day came John de Bruen and exhibited his affidavit taken before Joshua Davis Clerk of the Greene Circuit Court, Mo., on the 8th day of August A.D. 1840, of his intention to become a citizen of the United States of America and renunciation of allegience and fidelity to any foreign Prince, Potentate, State or Sovereignity whatever and perticularly William the First King of the Netherlands whereof he was subject and it appearing to the satisfaction of the Court that the said John de Bruen has resided within the United States for five years previous to this time and one year within this State and that during that time he has behaved like a man of good moral character attached to the principals of the Constitution of the United States and well disposed to the good order and happiness of the same. Whereupon the said John de Bruen made oath in
(continued)
134
GREENE COUTTY, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1845
p 43 (continued)
the Greene Circuit Court in Open Court that he will support the Constitution of the United States and that doth absolutely and entirely renounce and abjure all allegience and fidelity to every foreign Prince, Potentate, State and Sovereignty whatever and perticularly to William the First King of the Netherlands whereof he was before a Subject.
p 44.
William Hampton Plaintiff
vs Appeal from J.P.
William Cox and John C. Johnson Defendants
Now at this day came the Plaintiff by his attorney and the Defendants 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 said Defendants owe and are indebted to the Plaintiff in the sum of $120 for his debt and $13.66 and twothirds cent for his damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said William Cox and John C. Johnson the Defendants and Abraham Sumners and William Folden their securities in their Appeal Bond the aforesaid $120 for his debt and thirteen dollars sixtysix and twothirds cents for his damages for the detention thereof with ten percent interest per annum and that he have execution therefor.
p 45.
Griffin P. Sanders as exr.of William Sanders, dec'd
vs Scire Facias
James W. Blakey
Now at this day come the parties aforesaid by their respective attorneys upon which the record aforesaid being seen and inspected by the Court here it sufficiently appears to the same Court that there is such a record of recovery against him, the said Blakey, at the suit of the said William Sanders dec'd as the said Griffin P. Sanders as Executor of the said William Sanders has above in that behalf alledged. Therefore it is considered by the Court here that the said Judgment in the said scire facias mentioned against the said Blakey be revived in the name of said Griffin P. Sanders as Executor of the last will and testament of the said William Sanders dec'd and that the said Griffin P. Sanders as Executor as aforesaid have execution against the said Blakey for as well the debt damages and costs in the Writ of sciri Facias mentioned according to the force from and effect of the recovery aforesaid as also that he have and recover of and from the said Blakey his costs and charges in this behalf laid out and expended and that he have execution therefor.
p 46.
William E. Voss Plaintiff
vs Ejectment
John Norton and William Bulloch Defendants
This day come the Plaintiff by his attorney and on motion of the Plaintiff by his attorney and thereupon came a Jury, viz.- William Sunford 1. James Dollison 2. R.P. Hayden 3. James McCoin 4. William Swift 5. William McCarty 6. C.B. Holland 7. N.B. Dunnegan 8. Henry King 9. Joseph Farrier 10. Thomas Jessup 11. D.J. Gish 12, twelve good and lawful men who being duly empannelled sworn and charged to Enquire and assess the damages sustained by the Plaintiff in the premises upon their oath say "We the Jury find the Plaintiff has sustained damages by reason of the premises in the sum of one cent. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said John Norton and William Bulloch the possession of the
SouthWest 1/4 of Section No. 3 in Township No. 30 in Range No. 21 West, containing eighty
(continued)
135
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1845
p 46 (continued)
acres also the East 1/2 of Lot one in the NorthEast fractional 1/4 of Section No. 4 in Township No. 30 in Range No. 21 West containing thirtynine acres and seventy six hundredths of an acre also the East 1/2 of the SouthEast 1/4 of Section No. 4 in Township No. 30 in Range No. 21 West containing eighty acres also the NorthEast 1/4 of the NorthEast 1/4 of Section No. 9 in Township No. 30 Range No. 21 West containing thirtysix acres, the lands named in said declaration and also the damages assessed in manner and form as aforesaid and also his costs and charges by him in this behalf laid out and expanded and that the said Plaintiff may have his Writ of Possession.
p 47.
Now at this day come the Commissioners appointed by the Court to make partition of the real estate held in Joint Tenancy by John W. Dagan and George W. Rice and made the following report "The Commissioners appointed duly and sworn to make report whether the property held in Joint Tenancy by John W. Dagan and George W. Rice for which there has been a petition for partition filed in this Court leave to make the following report, to wit: "That they have examined the premises and believe that the same cannot be devided without manifest injury to the parties we therefore believe the same should be sold." And thereupon the Court ordered the sale of the same on a credit of three months by the Sheriff of this County at the next term of this Court the Sheriff to take bond with two good security for the payment of purchase money with ten percent per annum.
William McFarland Plaintiff
vs Petition for Partition
Martha Pursely and others Defendants
Now at this day came the Commissioners appointed by the Court to make partition of the Real Estate held in joint tenancy by William McFarland and Martha Pursely and others, and report that partition of the Premises named in said order cannot be made amongst the parties to said petition according to their respective rights and interests therein without great prejudice to the owners. It is therefore ordered by the Court that the premises in said petition mentioned be sold on a credit of twelve months by the Sheriff of this County at the next term of this Court. The Sheriff to take bond with two sufficient and good securities for the payment of the purchase money drawing with intent from date of sale at ten percent per annum.
p 48.
Silas Grantham Plaintiff
vs Attachment
Jerome G. Hammond Defendant
Now at this day came the Plaintiff by his attorney and the Defendant having filed no plea to the merits of this action nor saying anything against the same nor why Judgment shall not be rendered against him and the demand being founded on an instrument of writing and the amount ascertained thereby and neither party requiring a Jury and the cause being - suhnitted to the Court sitting as a Jury the Court do find that the said Defendant owes the said Plaintiff the sum of $173 for his debt and $48.29 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 $173 for his debt and $48.29 for his damages for the detention thereof with his costs in this behalf laid out and expended to be levied on the East 1/2 of the SouthEast 1/4 of Section No. 5 Township No. 30 containing 80 acres, also the West 1/2 of the SouthWest 1/4 Section No. 4, Township No. 30 also SouthWest1/4 of NorthWest 1/4 Section No. 4 Township No. 30 also the NorthWest 1/4 of the SouthEast 1/4 of Section No. 5 Township No. 30 all in Range No. 24, and that he have execution therefor.
136
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1845
p 49.
Now at this day came I.B. Berdenlinden, a native of Germany, and filed his Declaration of Intention verified by affidavit of becoming a citizen of the United States, to wit: That he is a native of Germany, was born in Winkle under the reighn of the Duke of Nasham, that he emigrated to the United States in May 1842, that he has since that time resided in this State and that as soon as the time has elapsed he delcares it is his intention and that he is ready to renounce all allegience to every Prince, King, Potentate and Power and to become a citizen of the United States.
p 50.
Griffin P. Sanders, Executor of William Sanders Deceased
vs In Chancery
James W. Blakey
Now at this day came the said Blakey by his attorney and by leave of the Court filed his motion to set aside the finding of the Court, which motion was by the Court overruled.
Same
vs In Chancery
Same
Now at this day came the said Blakey by his attorney and prays an appeal to the Supreme Court and files herein his affidavit and enters into recognizance as the law requires and thereupon an appeal is allowed to him in this cause. The recognizance entered into in the words and figures following to wit: Personally appeared in Open Court the Defendant, James W. Blakey as principal, and Reason P. Haden and Joseph D. Haden as his securities and acknowledged themselves to owe and be indebted to G.P. Sanders, Executor of the Last Will and Testament of William Sanders, deceased, in the sum of two thousand five hundred dollars to be levied of their respective goods and chattles lands and tenaments but to be void upon this condition whereas the Judgment in the scieri facias in this case mentioned in favor of said William Sanders and against said Blakey has been revived in the Greene Circuit Court at the May Term 1845, in the name of Griffin P. Sanders as Executor as aforesaid and an execution awarded therefor and whereas the said James W. Blakey has appealed from the Judgment of the said Court in reviving said Judgment in favor of said executor. Now if the said James W. Blakey, the appellant, will prosecute his said appeal with due diligence to a decision in the Supreme Court and if the Judgment appealed from is affirmed or his appeal dismissed he will pay whatever of debt damages and costs have been recovered against him by the Judgment of the Circuit Court together with the interest that shall grow due thereon or otherwise perform the Judgment of the Circuit Court and also pay the costs and damages that may be adjudged against him in the Supreme Court upon his appeal then this recognizance to be void.
p 51.
Joseph Vaulx Plaintiff
vs
B.W. Cannefax
Now at this day came the said Plaintiff by his attorney and says that he will not further prosecute said suit but suffers the same to be dismissed. It is therefore considered by the Court that the said Defendant have and recover of and from the said Plaintiff his costs in this behalf laid out and expended and that he have execution therefor.
p 52 nil.
p 53.
Joseph T. Morton
vs Attachment
Fendal C. Casen
John P. Campbell, Garnishee
(continued)
137
GREENE COUNT'Y, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1845
p 53. (continued)
Now at this day came the parties by their attorneys and the issues made upon the answer of the Garnishee being submitted to a Jury and thereupon came a Jury, to wit: R.P. Haden 1. L. Payne 2. Avenant Hollingsworth 3. Thomas Jessup 4. Edward Woodward 5 Thomas Barham 6. I.D. Haden 7. John McKen 8. James McCoin 9. W.F. McCarty 10. A.S. McCarty 11. Jabes Townsend 12, twelve good and lawful men who being duly elected tried and sworn and after hearing the evidence returned into Court the following verdict "We the Jury find that the said John P. Campbell at the time of the service of the Garnishment on him had property and effects of the said Casen in his hands and under his control to the value and amount of three hundred dollars."
p 54/55.
Joseph T. Morton Plaintiff
vs Debt by. Attachment
Fendal C. Casen Defendant
Now at this day come the Plaintiff by his attorney and due proof that the order of Publication has been complied with and the Defendant having been thrice solemnly called came not but makes default and the suit being founded on two instruments of writing and the amount ascertained thereby the Court sitting as a Jury do find that the said Defendant owes and stands justly indebted to the said Plaintiff in the sum of $193.25 for his debt and the sum of $29.25 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 $193.25 debt and $29.25 damages, together with his costs and charges in this behalf laid out and expended to be levied of effects attached in the hands of John P. Campbell who was sunmoned a Garnishee in said cause and that he have execution therefor.
p 56. nil p 57. nil
p 58.
Now at this day came Thomas B. Neaves, Sheriff of Greene County, Mo., and acknowledged in Open Court an instrument of writing purporting to be a Sheriff's Deed, executed by the said Thomas B. Neaves, Sheriff, as aforesaid, conveying to John S. Phelps the West 1/2 of the NorthEast 1/4 of Section 22 Township 30 Range 22,also,
the SouthWest 1/4 of SouthEast 1/4 of Section 15 Township 30 Range 22 which said land was sold by virtue as an execution in favor of Elisha Headly and H. Mullings as executors of Thomas Wilson, dec'd, against Alfred C. Wilson.
John Casey
vs ad quod damnum
Samuel McCorkle
Now at this day come the parties by their attorneys and then came a Jury, to wit: Edward Patterson 1. John Young 2. J.H. Miller 3. J.L. Holland 4. Joseph Jones 5. B.G. Andrews 6. Edward Woodward 7. William F. Bodenhamer 8. John Moore 9. Abner Holt 10. John McMichell 11. James Barham 12, twelve good and lawful men who being elected tried and sworn and after hearing the evidence returned into Court the following verdict "We the Jury find the issues for the Defendant" It is therefore considered by the Court that the said Defendant have and recover of and from the said Plaintiff his costs and charges in this behalf laid out and expended and that he have execution therefore.
p 59.
This day was exhibited the report of a Jury summoned by the Sheriff of Greene County by virtue of a Writ of ad quod damnum at the suit of Sam M. McCorkle 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 execution of a dam across the James Fork of White River on the SouthWest 1/4 of Section No. 11 in Township No. 28 and Range No. 21
(continued)
138
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1845
p 59 (continued)
and the grist and saw mill on the NorthEast 1/4 of the Southeast 1/4 of Section 10 Township 28 Range 21 which verdict is as follows "We the Jury do find that neither lands, houses, gardens, orchards nor carteledges belonging to any person will in the least be damaged by the erection of the proposed dam, nor do we consider or believe that the health of the neighborhood will be materially annoyed by the erection of said dam. It is therefore considered by the Court that the said Samuel McCorkle be permitted to erect his said dam on the premises above described, three feet high according to the prayer of said petition and that he pay the costs thereof for which execution may issue.
Now at this day came Thomas B. Neaves, Sheriff of Greene County, and acknowledged in Open Court an instrument of writing purporting to be a Sheriff's Deed executed by the said Thomas B. Neaves as Sheriff as aforesaid conveying to Joseph Farrier the NorthEast 1/4 of the SouthEast 1/4- of Section 10 Township 28 Range 20
which said land was sold by virtue of an execution in favor of John Wilkerson against John D. Dickey and John Dillard.
p 60.
Joseph T. Morton Plaintiff
vs
John Campbell as
Garnishee of F.C. Cason Defendant
Now at this day come the parties aforesaid and it appearing that Judgment has been rendered in favor of the said Morton against the said Cason for $193.25 debt and $29.25 damages and for costs. That the costs amount to eleven dollars and one and quarter cents and that said sums amount to two hundred and thirty three dollars and fiftyone cents and do not exceed the value of the effects of the said Cason found by the Jury to be in the hands of the said John P. Campbell at the time of the service of said Garnishment. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said John P. Campbell the sum of two hundred and thirtythree dollars and fifty one and quarter cents debt damages and costs aforesaid and also his costs and charges in this behalf laid out and expended and that he have execution therefor.
p 60/61/62/63/64
In the matter of the widow and heirs of William Fulbright, deceased
Petition for assignment of dower and estate.
Partition of Realestate
Now at this day came Martha Fulbright widow of William Fulbright, dec'd, and Ephraim R. Fulbright, Levi C. Fulbright, Henry Fulbright, John L. Fulbright, David L. Fulbright, Wilson Fulbright, Samuel Fulbright, a minor under age of twentyone by his guardian, David L. Fulbright, William D. Fulbright, a minor under age 21 by his guardian, Henry Fulbright, Daniel N. Fulbright, a minor under the age of twentyone years and William M. Weaver, a minor under the age of 21 years by their guardian, Ephraim R. Fulbright, heirs of said William Fulbright, dec'd, and presented their petition praying for the assignment of dower to the said Rutha Fulbright and a division and partition of the residue of the following described real estate amongst the aforesaid heirs, viz - the NE 1/4 of Sect 23 Twp 29 Range 22 containing 160 acres except about 22 acres sold to Haden Berry -
the SE 1/4 of Sect 23 Twp 29 Range 22 containing 160 acres.
the E 1/2 of SW 1/4 Sect 23 Twp 29 Range 22 containing 80 acres.
the E1/2 of Lot No. 7 NE fractional 1/4 Sect 3 Twp 29 Range 22 containing 51 acres and
71 hundredths of an acre.
the SW 1/4 of SW 1/4 Sect 36 Twp 30 Range 22 containing 40 acres.
the W 1/2 of the SW 1/4 of Sect 23 Twp 29 in Range 22 containing 80 acres.
(continued)
139
GREENE COUN'IY, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1845
p 60/61/62/63/64 (continued)
the E 1/2 of SW 1/4 Sect 10 Twp 29 Range 30 containing 80 acres, all said tracts of land
lying and situate in the County of Greene and State aforesaid.
and also the W 1/2 of Lot No. 1 NW fractional 1/4 Sect 5 Twp 28 Range 21 containing 39 acres
and sixtythree hundredths of an acre.
the NE 1/4 of SW 1/4 Sect 5 Twp 28 Range 26 containing 40 acres.
the E 1/2 of Lot No. I NE fractional 1/4 Sect 6 Twp 28 Range 26 containing 40 acres situate
lying and being in the County of Lawrence and State aforesaid.
the S 1/2 of SW fractional 1/4 (south of Osage River) Sect 25 Twp 39 Range 17 containing 49
acres and 34 hundredths of an acre situate in the County of Camden and State aforesaid.
Lot No. 23 in Block No. 5 in the first tier of lots in the town of Springfield, Greene
County, Mo., containing 50 rods, a tract of land described as follows - beginning at ti
SW corner of Sect 36 Twp 30 Range. 22 thence E. 40 rods thence N. 40 rods thence W. 40
rods thence S. 40 rods to the beginning containing 10 acres situate in the County of
Greene and State aforesaid.
The SE 1/4 NE 1/4 Sect 12 Twp 33 Range 19 containing 40 acres, situate in the County of
Dallas and State aforesaid.
One undivided third in the following discribed tract of land to wit: beginning at the SE
corner of NE 1/4 of Sect 2 Twp 28 Range 21 W. thence N. 80 polls to a stone planted thence
W. 70 polls to a stake, then S. 80 polls to a stake on said section line thence to the
beginning containing 35 acres situate in the County of Greene and State aforesaid.
one undevided third in the W 1/2 of the NW 1/4 Sect I Twp 28 Range 21 containing 80 acres
situate in the County of Greene and State aforesaid.
the E. 1/2 of NW. 1/4 Sect 23 Twp 29 Range 22 containing 80 acres situate in the County of
Greene and State aforesaid.
One undevided third in the NE 1/4 of the NW 1/4 of Sect 1 Twp 28 Range 21 containing 42 acres
and three hundredths of an acre situate in the County of Green and State aforesaid.
the SW 1/4 and SE 1/4 of NW 1/4 of Sect 12 Twp 33 Range 19 situate in County of Dallas and
State aforesaid containing 80 acres.
And the Court finds the said William Fulbright died intestate owning the aforesaid lands and Real Estate and leaving widow and children that the said lands be in several counties and at no greater distance apart than 120 miles that after the administration settlement of the estate of the said William Fulbright, deceased, there are sufficient assets exclusive of Real Estate to pay all the debts of said Estate, that a portion of said Real Estate is situate in this County and that the said Ephraim R. Fulbright, Levi C. Fulbright, Henry Fulbright, John L. Fulbright, David L. Fulbright, Wilson Fulbright, Samuel Fulbright, William D. Fulbright, Daniel L. Fulbright are the only children of said William Fulbright, deceased, who survived him, that William M. Weaver is the only child of Rhoda Weaver who was the daughter of the said William Fulbright died several years before the decease of the said William Fulbright, deceased, and that the aforesaid persons are the only heirs of the said William Fulbright, deceased, and that the aforesaid Ephraim R. Fulbright, Levi C. Fulbright, Henry Fulbright, John Fulbright, David L. Fulbright, Wilson Fulbright, Samuel Fulbright, William Fulbright, Daniel Fulbright and William M. Weaver are each entitled to an equal undevided interest in the aforesaid tracts of land, it being to each heir one-tenth part thereof, all subject to the widow's dower therein and that Rutha Fulbright is the widow of the said William Fulbright, deceased, and is entitled to dower in the aforesaid several tracts of land. It is therefore considered by the Court that dower in the aforesaid several tracts of land be assigned to the said Rutha Fulbright and that a division and partition of the residue of the aforesaid lands be made amongst the children and heirs of the said William Fulbright, deceased, according to their several and respective rights and interests therein as found by the Court and it is further considered by the Court that Marcus Boyd, B.A. James and John Robinson who by the Court are deemed competent be and they are hereby appointed commissioners who shall proceed to view, value and appraise all the lands and real estate herein mentioned and
(continued)
140
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1845
p 60/61/62/63/64 (continued)
to ascertain and setof f the widow's dower therein and to apportion and devide the residue of said lands according to quantity and quality amongst the aforesaid children and heirs agreeable to their respective shares, giving to each his or her equal part thereof in valuation in one contiguous body or as near so as may be all things considered.
END OF MAY TERM 1845.
141
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