Springfield-Greene
County LibraryMay Term 1849
p 289.
Be it remembered that at a Regular Term of the Greene Circuit Court begun and held on the 28th day of May 1849 at the Court House in the city of Springfield. Present - the Honorable Charles S. Yancey Circuit Judge John T. Coffee esq Prosecuting Attorney George W. Kelley esq Sheriff and Joshua Davis Clerk.
Now at this day came the Sheriff and returns here into Court the venire with the following panel of a Grand Jury endorsed thereon, viz - 1. Marcus Boyd foreman 2. Jesse R. Faul)cner 3. John Headlee 4. Samuel R. Waddill 5. Felix Lotspeich 6. Henry W. Taylor 7. Richard 5. Gott 8. Louis Adkins 9. James F. Hornbeak 10. Joseph T. Morton 11. F.C. Howard 12. Richard M. Jones 13. Wm. Vaughan 14. William Abbott 15. William S. Wilks 16. Elijah Gray, 16 good and lawful men who being duly elected empannelled sworn and charged as Grand Jurors for the County aforesaid retired to consider of their duties.
Tuesday Morning 29 May 1849
Ordered by the Court that Alpheus Wheeler be permitted to sign the Roll of Attorneys.
p 290.
Washington Matthews Plaintiff
vs Trespass
William Adamson et al Defendants
Now at this day comes the attorney of the said Plaintiff in his lifetime who suggested to this Court at the last November term of this Court the death of the said Plaintiff in this cause. It is therefore ordered by the Court that a sciri facias issue against the said Defendants to show cause if any they can at the next term of this Court why this suit should not be revived in the name of the said executrix Christiana Matthews substituted as Plaintiff in place of said Washington Matthews, deceased.
63
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
MAY COURT 1849
p 290.
State of Missouri Plaintiff
vs Indictment for Gaming
William Martin Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri and says by leave of the Court he will not further prosecute said Indictment, but will voluntarily suffer the same to be dismissed. It is therefore considered by the Court that the said State of Missouri take nothing by said Indictment and that the said Defendant be hereof discharged and go hence without day.
p 291.
Following charges by State of Missouri dropped:
against William Martin - Indictment keeping gaming house
against John Dixon - Indictment Adultery
against John S. Phelps - Indictment trespassing on State Lands.
against David Wilkerson - Indictment trespassing on State Lands.
p 292.
Clark and Parrott Plaintiff
against In Replevin
Sarruel H. Bunch Defendant
It appearing to the satisfaction of the Court that since the last continuance of this cause Permelia J. Clark administratrix of the estate of John M. Clark deceased, has resigned and that James Boone has been appointed administrator de bonis non of said Estate. It is ordered that this suit be revived in his name and thereupon the said Plaintiff filed herein their motion to set aside the Judgment on the demurer to the Plaintiff, replications to the Defendant's third plea and said motion being argued and fully understood was by the Court sustained. It is therefore considered by the Court that said Judgment be set aside and on motion of said Plaintiff leave was granted therein to file said replications which was done accordingly.
State of Missouri Plaintiff
vs Indictment for Playing Cards on Sunday
William Martin Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri in this behalf as well as the Defendant by his attorney who for a plea says that he is guilty in manner and form as charged against him in said indictment, and neither party requiring a Jury the same is submitted to the Court setting as a Jury doth assess a fine against the said Defendant in the sum of $10. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $10 as assessed as aforesaid together with her costs and -charges in this behalf laid out and expended for all of which execution may issue.
p 293.
In the matter of Administrator with the Will annexed and the Legatees of the Estate of George R. Rainey, deceased.
Petition for partition of the Real Estate of said deceased according to his last will and testament - The Court do find that the following persons are entitled under the provisions of said Last Will and Testament of said Deed, to the one-seventh part of said Real Estate, to wit: William Townsend and wife are entitled to one-seventh, America I., Robert S., Nancy L., Martha E., John L. and Sarah V. Rainey, children of the said Dec'd are each entitled to one-seventh of all the real estate belonging to the said George R. Rainey, dec'd, at the time of his death and situate in the County of Greene, State of Missouri, described as follows, to wit:
(continued)
64
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
MAY COURT 1849
p 293 (continued)
Lot No. 1 NE fractional 1/4 of Sect No. 3 containing fifty nine and thirtytwo one-hundredths acres. Lot No. 1 NW fractional 1/4 of Sect No. 3 containing 40 plus acres E 1/2 of SE 1/4 of Sect No. 4 containing 80 acres SW 1/4 pf Sect No. 3 containing 160 acres all in TWP 29 of Range 21 amounting in all to 339 and 49 hundredths acres, to wit: the son William Townsend and wife are entitled to forty-eight 49 six/seven acres and that each of said children of said George R. Rainey, dec'd are entitled to forty-eight 49 six/seven/100 acres and it is further ordered by the Court that John Bodford, John W. Hancock and Joseph Burden be and they are hereby appointed commisioners to make partition thereof and that they make report of the same at this present term of this Court.
David Norfleet
vs In Chancery
G.P. Shackleford et al
Now at this day comes the Defendant in this Cause and moves the Court to make an order appointing G.P. Shackleford guardian ad litem for the following named minor heirs of William P. Shackleford, dec'd, to wit: Sarah Ann, Eliza Jane and Mary Elizabeth Shackleford which said appointment is accordingly made.
p 294.
Following cleared and discharged
State of Missouri
vs
Elbert Martin - Gaming
Roderick Brower - Gaming.
p 295.
State of Missouri Plaintiff
vs Indictment for Gaming
Elbert Martin Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the said State of Missouri and the said Defendant by his Attorney and the said Defendant being enquired of how he will acquit himself of all the charges against him says that he is not guilty in manner and form as charged in said Indictment and of this he puts himself upon the County and the said Circuit Attorney doth the like and thereupon came a Jury, to wit: 1. Thomas K. Perryman 2. LeRoy Adams 3. David C. Lane 4. Jacob Adams 5. Jacob Hartley 6. Jacob Proctor 7. Wm. P. Cox 8. Edward Moore 9. John W. Robertson 10. Lindsey Nichols 11. Archibald Payne 12. David L. Fulbright, twelve good and lawful men who being elected tried and sworn well and truly to try the issue joined upon their oaths do say that the said Defendant is guilty in manner and form as charged in said
Indictment and assess a fine against him of the sum of $10. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid Sum of $10 together with her costs and charges in this behalf laid out and expended for all of which execution may issue.
Now this day comes the Grand Jury empannelled at this term of this Court and present the following indictments as true bills, to wit: The State of Missouri against:
Ezekiel Merriman for Murder
Andrew Klepper - Gaming
Elbert Martin for - Gaming
John Wilkerson - Gaming
Pleasant Smith for - Gaming
Hurt Wilkerson - Gaming
John Lawson for - Gaming
Deverix Jarrett for - Gaming
Samuel Simpson for - Gaming
65
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
MAY COURT 1849
p 296.
State of Missouri Plaintiff
vs Indictment for Gaming
John Wilkerson Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri as well as the said Defendant by his attorney and the said Defendant nothing confessed said he is not guilty in manner, and form as charged against him and of this he puts himself upon the County and the said Circuit Attorney did the like and thereupon came a Jury, to wit: 1. B.A. James 2. B.H. Boone 3. Guien Leeper 4. Wm. Russell 5. Solomon Cotner 6. Asa Lyman 7. Lafayette Anderson 8. Wm. Toonsend 9. W.G. Roberts 10. George W. Swift 11. B.G. Andrews 12. Hiram Smith, twelve good and lawful men who being duly elected tried and sworn well and truly to try the issue joined, upon their oath do say that the said Defendant is guilty in manner and form as charged in said Indictment and assess a punishment thereof a fine of the sum of ten dollars. It is therefore considered by the Court that the said Plaintiff have and recover of and from said Defendant the aforesaid sum of ten dollars together with her costs and charges in this behalf laid out and expended for all of which execution may issue.
p 297.
Hardesty and Marriot Plaintiffs
vs Petition in Debt
Charles Layton and Thomas F. Layton Defendants
Now at this day come the Plaintiff in this cause by their attorney and the Defendants although duly served with process and being three times solemnly called comes 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 Defendants owe and stand justly indebted to the said Plaintiffs in the sum of $232.13 for their debt and a further sum of $83.56 for their damages for the detention thereof. It is therefore considered by the Court that the said Plaintiffs have and recover of and from the said Defendants-the aforesaid sum of $232.13 for their debt and $83.56 for his damages for the detention thereof together with their costs and charges in this behalf expended for all of which execution may issue.
F.W. Thompson Plaintiff
vs Petition in Debt
A.L. Rountree and William Massey Defendants
Now at this day come the Plaintiff in this cause by his attorney and the Defendants, although duly served with process and being three times solemnly called comes not but makes default, and the demand being founded on an instrument of writing and the amount ascertained thereby the Court setting as a Jury do find that the said Defendants owe and stand justly indebted to the said Plaintiff in the sum of `$157.65 for his debt and the further sum of $4.75 for his damages for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid debt and damages together with his costs in this behalf laid out and expended for all of which execution may issue.
p 298.
David Norfleet
vs In Chancery
G.P. Shackleford et al
This day this cause came on to be heard upon the bill and exhibit, the joint answer of G.P. Shackleford, Joseph Weaver, Eliza Weaver and the answer of Sarah Ann, Eliza Jane and Mary Elizabeth Shackleford by G.P. Shackleford their guardian ad litem. And the Court being sufficiently advised of and concerning the premises, do order and decree that the
(continued)
66
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
MAY TERM COURT 1849
p 298 (continued)
said Defendants convey by Quit Claim Deed all the right title interest and estate which they have to Lot No. 2 of the NW fractional quarter of Sect. 30 in Township No. 36 of Range No. 20 W in the district of lands subject to sale at Springfield in the State of Missouri containing 62 acres and thirtyseven hundredths of an acre being the same lands mentioned in complainants bill.
A.M. Summers Plaintiff
vs Trover
James Gilmore Defendant
Now at this day come the Plaintiff in this cause by his attorney and the said Defendant in his own proper person and the said Defendant by leave of the Court withdraws his plea in this cause and by consent of Plaintiff's Counsel confessed a Judgment for $40 damages together with the costs expended. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $40 for his damages together with his costs in this behalf expended for all of which execution may issue.
p 299/300.
State of Missouri Plaintiff
vs Indictment for Gaming
William Martin Defendant
This day came the Circuit Attorney and the said William Martin came not but made default after being three times solemnly called and his security in his recognizance being also three times solemnly called came not but made default and failed to bring into Court the body of said Defendant and surrender him into the custody of the Court to satisfy the Judgment in this cause. It is therefore considered by the Court that said recognizance be forfeited and that the State of Missouri have and recover of said Defendant and Timothy Scruggs the sum of $100 to be levied of their respective lands and tenements goods and chattles and that sciri facias issue against the said Defendant also Scruggs to show cause if any they have why execution should not issue for the same said sciri facias as to be returnable to the first day of the next term of this Court.
p 301.
John S. Phelps Plaintiff
against Assumpset
James Rains Defendant
This day came the parties by their attorneys and on motion of said Plaintiff and for good and sufficient cause to the Court shown it is ordered that this cause be continued until the next term of this Court at the cost of said Plaintiff. It is therefore considered by the Court that said Defendant recover of said Plaintiff his costs by him
at this term of the Court expended and that execution issue therefor.
p 302.
State of Missouri in relation of John, a bill for
the use of John Dixon
against Debt
Jonas G. Lock
On a motion of the Plaintiff leave is given him to amend his declaration by serving a copy of the same on the Defendants attorney sixty days before the next term of this Court and it is ordered that an alias writ issue directed to the Sheriff of Barry County against Sarah Locke, Jonas G. Lock Jr and Samuel Lock returnable to the first day of the next term of Court.
67
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1849.
p 302.
Stephen W. Mack
against Assumpsit
John P. Campbell
This day came the parties aforesaid by their attorneys and thereupon came a Jury, to wit: Henry Hickman, Guyen Leeper, Solomon Cotner, Benjamin G. Andrews, Joseph Burden, Alsey Oneal, Washington Merritt, John A. Stephens, S.A.D. Crenshaw, David Fulbright, Wm. Gray, James D. Bradshaw, twelve good and lawful men who being sworn well and truly to try the issue joined heard the evidence and being unable to agree were by the Court discharged by consent of the parties.
p 303.
State of Missouri Plaintiff
against Indictment for Murder
Ezekiel Merriman Defendant
Now at this day comes the said Ezekiel Merriman in his own proper person and files herein his petition for a Change of Venue in this cause alledging that the minds of tbe inhabitants of the County of Greene are so prejudiced against him the said Ezekiel Merriman that a fair trial of said cause cannot be had therein, and that the premises being seen and fully understood by the Court, it is therefore ordered that a Change of Venue be allowed and awarded to the said cause, and that the same be removed to the County of Dade in the State of Missouri.
State of Missouri Plaintiff
against Indictment for Murder.
Ezekiel Merriman Defendant
It is considered and ordered by the Court that the Sheriff of Greene County be comrnanded to remove the body of Ezekiel Merriman the Defendant in this cause to the jail of the County of Dade, to which County the said cause is removed by a Change of Venue, and there deliver him to the Keeper of said jail together with the process by virtue of whichthe said Ezekiel Merriman is imprisoned.
John W. Chenowith Plaintiff
vs Petition for a Writ of Prohibition
John Weaver et al Defendants
This day the Petitioner presented his petition for a Writ of Prohibition in this cause and the same being seen and considered by the Court, it is ordered by the Court that a Writ of Prohibition against said John Weaver, Peter Apperson and Gus 5. Bigby to restrain and prohibit the collection of the amount of the execution mentioned in said petition until the next term of this Court, and that they answer the same at the said next term and show cause if any they have why the prohibition shall not be made perpetual.
p 304. Friday Morning June 1st 1849.
John Paul Plaintiff
vs Assumpsit
John P. Campbell Defendant
Now at this day comes the parties aforesaid by their attorneys and thereupon came a Jury, to wit: Asa Lyman 1. Lewis F. Tatem 2. Benjamin Shockley 3. Lindsey Nichols 4. Edward Moore 5. William L. Herrington 6. Let W. Hancock 7. John Hunt 8. William Stokes 9. Stephen D. Haley 10. Elihu Messick 11. William Townsend 12, twelve good and lawful men duly elected tried and sworn well and truly to try the issue joined and after hearing the evidence and the arguments of the Counsel on both sides and not having time to make up their verdict the said Jury was permitted to retire until tomorrow morning under the usual instructions of the Court.
68
GREENE COUNTY, MIS5OURI, CIRCUIT COURT CASES
Book C.
May Term 1849.
p 304.
Ordered by the Court that an attacbment be awarded against John B. Cox, James Wilson and John Edwards, it having appeared to the satisfaction of the said Court they have been regularly subpoenaed and have failed to appear in obedience to said subpoena
p 305. Saturday June 2nd 1849.
Benjamin M. Jarrett Plaintiff
vs Case
Joseph Weaver, as Administrator
of Thomas Horn, dec'd. Defendant
Now at this day came the parties aforesaid and the demurrer of the said Plaintiff to the Defendants plea in abatement being taken up all and singular the premises being seen and understood by the Court, it is considered by the Court that the said Plea in Abatement is sufficient and it is further considered by the Court that the Plaintiff further answer the said Defendants Plea in Abatement instanter and the said Plaintiff not desiring to make other or further to said Plea it is therefore further considered by the Court that the said Plaintiff take nothing by his said Writ that the same abate and that the Defendant go hence without day and have and recover from the Plaintiff his costs and charges in this behalf and that execution issue therefor.
p 306.
B.M. Jarrett Plaintiff
vs Appeal from County Court
Joseph Weaver as
Administrator of Thomas Horn, dec'd. Defendant
The said Defendant by his attorney filed his motion to dismiss the appeal which motion was sustained by the Court. It is therefore considered by the Court that the said appeal be dismissed and that the said Defendant go hence without day and that the Defendant recover his costs and charges of and from the Plaintiff that he have execution therefor.
John O. Sheppard and Willis Perryman Plaintiffs
vs Debt
Isaac P. Russell Defendant
Now at this day comes the Plaintiffs in this cause by their attorney and the said Defendant being thrice solemnly called come not nor has he pleaded to the action of the Plaintiffs but makes default, and the demand of the Plaintiffs being founded on an instrument of writing and the damages ascertained thereby the Court finds that the Def endant is indebted to the said Plaintiffs in the sum of $43.57 and that the said Plaintiffs have sustained damages by reason of the detention thereof in the sum of $44.92. It is therefore considered by the Court that the said Plaintiffs have and recover of and from the said Defendant the aforesaid debt damages together with their costs in this behalf laid out and expended for all of which execution may issue.
p 307.
State of Missouri Plaintiff
vs Indictment for Gaming
D.C. Smith Defendant
Now at this day come the Prosecuting Attorney who prosecutes on behalf of the State of Missouri and the Defendant being also present and for a plea thereof says that he is guilty in manner and form as charged against him in said Indictment, and neither party requiring a Jury the said cause is submitted to the Court and the Court doth assess a fine against him, the said Defendant, in the sum of ten dollars. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of ten dollars assessed as aforesaid together with her costs and charges in this behalf expended for all of which execution may issue.
69
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1849
Peter Copeland Plaintiff
vs Assumpsit
George Yochum Defendant
Now at this day comes John S. Phelps who has been the attorney of the said Yochum and suggests here to the Court that the said George Yochum is dead.
Hiram Smith Plaintiff
vs Appeal J.P.
Samuel Harris Defendant
Now at this day comes the said parties by their respective attorneys and the motion to rule the said Plaintiffs appellant to give additional security for his said Appeal being taken up and the premises seen and fully understood it is considered by the Court that said Motion be sustained and that additionsl security be given ninety days before the next term of this Court and in default thereof said cause shall be dismissed.
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and moves the Court for an attachment against Robert Oakes who had been duly subpoenaed to appear and testify before the Grand Jury who has failed to obey said subpoena the premises being understood. It is considered by the Court that the said motion be sustained and that said attachment be awarded returnable forthwith.
p 308.
Edmund Turner Plaintiff
vs Appeal J.P.
Joseph Jones Defendant
Now at this day come the parties in this cause by their respective attorneys and thereupon came a Jury to wit:
1. Jabus Townsend 2. John H. Miller 3. Hiram Smith 4. John W. Hancock. 5. Henry Matlock 6. Isaac Woods 7. Wm. B. Farmer 8. Joseph H. Miller 9. Benjamin W. Cannefax 10. William Coyne 11. P.C. Isbell 12. Joel Phillips twelve good and lawful men duly elected tried and sworn well and truly to try the issue joined after having heard the evidence and the arguments of the counsel on both sides returned into Court the following verdice, to wit: "We the Jury find that the Defendant in this cause is indebted to the said Plaintiff in the sum of $50 for his Debt and in the sum of $4.55." It is therefore considered by the Court that the said Plaintiff have
and recover of and from the said Defendant the aforesaid Debt and Damages together with his costs and charges in this behalf laid out and expended for all of which execution may issue.
Wm. P. Cox as Administrator
vs Petition in Debt
Joseph Jones
Now at this day come the parties in this cause by their respective attorneys and thereupon come a Jury, to wit:
1. Wm Cannefax 2. John A. Stephens 3. Hosea Mullings 4. Wm. B. Logan 5. Elam Gott 6. James W. Gray 7. Wade H. Burden 8. Presley C. Beal 9. Benjamin Beal 10. Wm. Hughes 11. Wm. Folden 12. Wm. McAdams twelve good and lawful men duly elected tried and sworn well and truly to try the issue joined in this cause and after hearing a part of the evidence the Plaintiff by his attorney says by leave of the Court he will no further prosecute his said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said Plaintiff take nothing by his said suit that the said Defendant be hereof discharged that he go hence
without day and that he have and recover of and from the said Plaintiffs as administrator as aforesaid his costs and charges in this behalf laid out and expended in and about said suit for all of which execution may issue - and that the Plaintiff have leave to withdraw the instrument sued on.
70
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1849
p 309.
State of Missouri Plaintiff
vs attachment
John Edwards Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and moves the Court to order that an alias attachment be awarded against the said John Edwards returnable to the next term of this Court and it appearing to the satisfaction of the Court that an attachment has been issued and returned to this Court with an endorsement thereon that the said John Edwards is not found in Greene County. And that all and singular the premises being seen and fully understood by the Court, it is considered by the Court that the said motion be sustained and that such attachment be awarded.
State of Missouri Plaintiff
vs attachment
James Wilson Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and moves the Court to order that an alias attachment be awarded against the said James Wilson returnable to the next term of this Court and it appearing to the satisfaction of the Court that an attachment has been issued and returned to this Court with an endorsement thereon that the said James Wilson is not found in Greene County. And that all and singular the premises being seen and fully understood by the Court it is considered by the Court that the said motion be sustained and that such attach ment be awarded.
State of Missouri Plaintiff
vs attachment
John B. Cox Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and moves the Court to order that an alias attachment be awarded against the said John B. Cox returnable to the next term of this Court and it appearing to the satisfaction of the Court that an attachment has been issued and returned to this Court with an endorsement thereon that the said John B. Cox is not found in Greene County. And that all and singular the premises being seen and fully understood by the Court it is considered by the Court that the said motion be sustained and that such attachment be awarded.
State of Missouri Plaintiff
vs attachment
Robert Oakes Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and moves the Court to order that an alias attachment be awarded against the said Robert Oakes returnable to the next term of this Court and it appearing to the satisfaction of the Court that an attachment has been issued and returned to this Court with an endorsement thereon that the said Robert Oakes is not found in Greene County. And that all and singular the premises being seen and fully understood by the Court it is considered by the Court that the said motion be sustained and that such attachment be awarded.
State of Missouri Plaintiff
vs attachment
Eli Armstrong Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and moves the Court to order that an alias attachment be awarded against the said Eli Armstrong retuanable to the next term of this Court and it appearing to the
(continued)
71
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1849
p 310 (continued)
satisfaction of the Court that an attachment has been issued and returned to this Court that an endorsement thereon that the said Eli Armstrong is not found in Greene County. And that all and singular the premises being seen and fully understood by the Court it is considered by the Court that the said motion be sustained and that such attachment be awarded.
State of Missouri Plaintiff
vs Indictment Burglary and Larceny
William Andrews Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri and moves the Court to order an alias capias to be awarded against the said William Andrews directed to the Sheriff of Greene County and for good reasons to the Court shown it is considered that the said motion be sustained by the Court and it is ordered by the Court that such alias capias be and the same is hereby awarded.
p 311.
In the matter of Isaac Woods et al - Petition for Partition.
The Commissioners appointed at the present term of this Court to make partition of the Real Estate of George R. Rainey dec'd according to the Judgment of the Court rendered at the present term thereof made the following report, to wit:
We John Bedford and John W. Hancock "Pursuant to an order of the Honorable Greene Circuit Court now in session in the city of Springfield appointing the undersigned Commissioners to make partition of the Real Estate of George R. Rainey, Dec'd after examining the lands named and described in said order of this Court, we respectfully represent to the Court that we believe that said lands cannot be divided without great prejudice to the heirs as well as others interested therein, and we further state that we believe the land will sell for more money if sold in 80-acre lots than if divided into portions all of which we respectfully submit to the Court this 2nd day of June 1849.
Jno Bedford
Joseph Burden Camnissioners
John W. Hancock
Which said report was duly acknowledged according to Law and filed in Court and was by the Court approved, and thereupon the Court ordered that the Sheriff of the County of Greene sell the premises in 80-acre lots as near as legal division of said tract or tracts of land will permit at public auction to the highest bidder on a credit of
12 months the purchaser giving bond with approved security and pay the money arising from the sale of said lands to the following named persons, each one-seventh, to wit: William Townsend and wife one-seventh, America I., Robert S., Nancy L., Martha E., John and Sarah V. Rainey each one-seventh apart of the net proceeds arising from the sale of said lands and make report thereof to this Court his proceeding and that the Clerk of this Court issue an order of sale to the Sheriff aforesaid to sell the following lands of the late George R. Rainey dec'd viz. Lot No. 1 NE fractional qtr of Sec No. 3 containing 59.32 acres E 1/2 of Lot No. 1 NE fractional qtr of Sect. No. 4 containing 47.17 acres. E 1/2 of SE 1/4 of Sect No. 4 containing 80 acres and SW 1/4 of Sect No. 3 containing 160 acres, all in Township No. 29 of Range No. 21, amounting in all to 339.49 acres.
p 311/312.
John Paul Plaintiff
vs Assumpsit
John P. Campbell Defendant
Now at this day comes into Court the Jury who was empannelled on yesterday, to wit:
Asa Lyman 1. Lewis F. Tatem 2. Benjamin Shockley 3. Lindsey Nichols 4. Edward Moore 5. William L. Herrington 6. Lot W. Hancock 7. John Hunt 8. William Stokes 9. S.D. Haley 10. Elihu Messick 11. William Townsend 12. and who were under the usual
(continued)
72
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
May Term 1849
p 311/312 (cont)
charge of the Court permitted to retire until morning, did this day return into Court the following verdict signed by the foreman "We the Jury find the issue for the Plaintiff and assess his damages to $390.30." It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $390.30, the damages assessed as aforesaid together with his costs and charges about this suit laid out and expended and that he have execution thereof.
p 313.
State of Missouri Plaintiff
vs Burglary and Larceny
William Andrews Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri and on his motion the said William Andrews was thrice solemnly called and came not but made default, and Benjamin G. Andrews, his security, being also three times solemnly called and come not but also made default, and neither of them having appeared in Court on the first day of the present term thereof in persuance of their recognizance. It is therefore considered by the Court that the said recognizance be forfeited.
END OF MAY TERM.
73
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