Springfield-Greene
County LibraryNovember Term 1852
p 49.
At a regular term of the Circuit Court within and for Greene County begun and held at the Court House in the city of Springfield on the 29th day of November 1852 - Present The Honorable Charles S. Yancey Judge John T. Coffee, Esq, Circuit Attorney Thomas Potter, Esq. Sheriff of Greene County Joshua Davis, Clerk of the Court.
Now at this day comes the Sheriff and returns the venire for a Grand Jury with the following pannel endorsed thereon, to wit: Wm. B. Farmer who was appointed foreman, Benjamin Atkinson, John D. Brown, Denny Turner, Benjamin Buckner, Wm. Hail, Samuel Piper, John Ramey, Silas Grantham, Benjamin Marley, James Hughs, James K. Allsup, John R. Earnest, J.R. Faulkner, C.A. Haden, F.T. Frazier, sixteen good and lawful men after being duly sworn received a charge and retired to consider of their presentments.
Ordered by the Court that Wm. J. Monday be permitted to sign the Roll of Attorneys.
State of Missouri Plaintiff
against Indictment For Gaming
James Conner Defendant
Now at this day comes as well the Circuit Attorney who prosecutes on behalf of the State of Missouri as the Defendant in his own proper person and the said Circuit Attorney says by leave of the Court says he will no further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ that the said Defendant be hereof discharged and go hence without day.
State of Missouri Plaintiff
against Indictment For Selling Pint of Peach Brandy
James F. Hornbeak Defendant
Now at this day comes as well the Circuit Attorney who prosecutes on behalf of the State of Missouri as the Defendant in his own proper person, and the said Circuit Attorney says by leave of the Court says he will no further prosecute her said suit
(continued)
159
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
p 49 (cont)
but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ that the said Defendant be hereof discharged and go hence without day.
p 50.
State of Missouri Plaintiff
against Indictment For Gaming
Carroll Thomas Defendant
This day come as well the Circuit attorney who prosecutes on behalf of the State of Missouri as the Defendant in his own proper person who for a plea says he cannot deny but that he is guilty in the manner as charged in said Indictment and puts himselfupon the mercy of the Court and the Court doth assess his fine at the sum of ten
dollars. It is therefore considered by the Court that he make his fine by the payment of the sum of ten dollars together with the costs herein expended for all of which execution may issue with a clause of capias.
State of Missouri Plaintiff
against Indictment for Adultery
Richard W. Robertson Defendant
This day personally appeared the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute her said suit but will suffer the same to be dismissed. It is considered by the Court that the said State take nothing by her said Writ that the said Defendant be hereof
discharged and go hence without day.
State of Missouri Plaintiff
against Indictment for Adultery
M.J. Jackson Defendant
This day personally appeared the Circuit Attorney who proserutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute her said suit but will suffer the same to be dismissed. It is considered by the Court that the said State take nothing by her said Writ that the said Defendant be hereof discharged and go hence without day.
p 51.
State of Missouri Plaintiff
against Indictment For Assault
Thomas Harlow Defendant
This day come as well the Circuit Attorney who prosecutes on behalf of the State of Missouri as the Defendant in his own proper person who for a plea says he is not guilty in the manner and form as he is charged in the said Bil1 of Indictment and puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: James Potter, John M. Crocket, Woodson A. Thomas, Avanant Hollingsworth, William Hendricks, John Thurman. Washington Meritt, Garland Lanham, William Caldwell, J.V. Wallis, Wm. L. Hancock, George DeWitt twelve good and lawful men duly elected tried and sworn after hearing the evidence and argument of Counsel returned and not being able to agree in a verdict were by the consent of parties discharged.
State of Missouri Plaintiff
against Assault
Benjamin Potter Defendant
This day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri
(continued)
160
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
NOVEMBER TERM 1852
p 51 (cont)
and says by leave of the Court he will no further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said suit and that the said Defendant be hereof discharged and go hence without day.
State of Missouri Plaintiff
against
Wm. R. Barnes Defendant
This day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said suit and that the said Defendant be hereof discharged and go hence without day.
p 52 nil
p 53.
State of Missouri Plaintiff
against Arson
James Pittman et al Defendant
This day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said suit and that the said Defendant be hereof discharged and go hence without day.
State of Missouri Plaintiff
vs Indictment Felonious Assault
Benjamin Potter Defendant
This day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said suit and that the said Defendant be hereof discharged and go hence without day.
State of Missouri Plaintiff
vs Indictment Felonious Assault
William R. Barns Defendant
This day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said suit and that the said Defendant be hereof discharged and go hence without day.
In the matter of the heirs of William Chapman and James A. Chapman, deceased - The Court do find that the petitioners William L. Chapman and Margaret Ann Chapman are entitled to the following lands as heirs of William Chapman deceased, to wit: the SE 1/4 of Sect 6 TWP 28 Range 21 containing 160 acres more or less and as heirs of James A. Chapman deceased, to wit: the W 1/2 of the SE 1/4 and the E 1/2 of the SW 1/4 of Sect 1 TWP 28 of Range 22, containing 160 acres more or less, wherefore it is considered by the Court that partition of said land be made according to the respective rights of said parties and that Junius T. Campbell, Alsey Oneal and Young A. Anderson be and they are hereby appointed Commissioners to make partition thereof and report at this term of this Court.
161
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
NOVEMBER TERM 1852
p 53. December 1st Wednesday
In the matter of the heirs of William Chapman and James A. Chapman, deceased. The Commissioners Junius T. Campbell, Alsey Oneal and Young A. Anderson who were appointed by the Court on yesterday to make partition of the following lands, to wit: the SE 1/4 of Sect 6 in TWP 28 of Range 21 and the W 1/2 of the SE 1/4 of the E 1/2 of the SW 1/4 of Sect 1 TWP 28 Range 22 after having been duly sworn according to Law appeared in Court and makes the following report to wit: Dec 1st 1852 to the Honorable Circuit Court of this County of Greene and the State of Missouri We the undersigned Commissioners appointed to make partition of the following lands, viz, SE 1/4 of Sec 6 TWP 28 Range 21 and W 1/2 of SE 1/4 and E 1/2 of SW 1/4 of Sect 1 TWP 28 range 22 make the following following report, viz, that we apportion Wm. L. Chapman the SE 1/4 of Sect 6 TWP 28 Range 21 W it being valued at four dollars per acre and we also apportion to Margaret Ann Chapman the W 1/2 of the SE 1/2 of the SW 1/4 of Sect 1 TWP 28 Range 22, it being valued at three dollars per acre. Balance due Margaret A. Chapman out of the Estate for differences in said land one hundred and sixty dollars.
Y.A. Anderson
Alsey Oneil
J.T. Campbell
And all and singular the premises being seen and by the Court fully understood. It is considered by the Court that the said report be approved. And be it also remembered that the said Commissioners who are personally known to the Court to be the identical persons whose names are subscribed to the foregoing report acknowledged in Open Court the same to be their act and deed for the purposes therein mentioned. It is therefore considered by the Court that the said report be confirmed and that the said partition be firm and effectual.
State of Missouri Plaintiff
vs Indictment For Selling A Stray
Peter Goodwin Defendant
This day come as well the Circuit Attorney who prosecutes in behalf of the State of Missouri as the Defendant in his own proper person who for a plea says he is not guilty in the manner and form as he is charged in said Indictment and puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: C.A. Jameson, W.H. Blakey, Wm. McAdams, Joseph Farrier, Christian Baker, Josiah Mason, R.E. Blakey, Wm. L. Daniel, Benjamin Lawrence, Jas. Potter and Andrew Teague, twelve good and lawful men duly elected, tried and sworn well and truly to try the issue after hearing the evidence and arguments returned into Court the following verdict "We the Jury find the Defendant not guilty in the manner and form as he is charged in said indictment." It is therefore considered by the Court that the said State take nothing by her said Writ that said Defendant be hereof discharged and go hence without day.
p 54.
State of Missouri Plaintiff
vs Indictment For Selling Liquor, etc.
Isaiah Clayton Defendant
This day come the parties again in this cause and the motion heretofore filed to quash said Indictment coming up for hearing and all and singular the premises being seen and by the Court fully understood. It is considered by the Court that the said motion be sustained.
162
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
NOVEMBER TERM 1852
p 54.
A.N. Booker Plaintiff
vs Civil Action
Avanant Hollingsworth Defendant
This day come the Defendant by his attorney and the Plaintiff having failed to give bond for costs according to the order of the Court and all and singular the premises being seen and fully understood. It is considered by the Court that the said cause be dismissed and that the said Defendant recover of and from said Plaintiff his costs and charges in this behalf laid out and expended for all of which execution may issue.
George B. McElhanon James McElhanon Elizabeth Denny John McElhanon William H. Sanford and Nancy D., his wife Samuel R. Waddill and Eleanor, his wife Barret Lemons and Sarah, his wife heirs of Christopher McElhanon deceased are entitled to the undivided onehalf part of the following tract of land situate in the County Greene described as follows, to wit:
the W 1/2 of the NE 1/4 and the E 1/2 of the NW 1/4 of Sect 4 TWF 30 Range 24W. containing 160 acres more or less as heirs of Christopher McElhanon deceased and the Court finds that each George B. McElhanon is entitled to eleven acres 1 rood 28 and four sevenths perches and John McElhanon, James McElhanon and Elizabeth Denny are each entitled to eleven acres one rood and 28 and four sevenths perches and Wm. H. Sanford and Nancy D. his wife are entitled to eleven acres one rood and 28 and four sevenths perches and Samuel R. Waddill and Eleanor his wife are entitled to 11 acres one rood and 28 and four sevenths perches and Barrett Lemons and Sarah his wife are entitled to 11 acres one rood and twenty eight and four sevenths perches, it being the one seventh of said half of said above described land. And Joshua M. Bailey as guardian of Samuel R. Trousdale minor is entitled to the undivided one half part of the first above described 160 acres of land.
Wherefore it is considered by the Court that partition be made of the above described land according to their respective rights and that A.M. Appleby, Silas Grantham and William G. Roberts be and they are hereby appointed by the Court as Commissioners to make partition thereof according to the prayer of the Commissioners and make report to the present term of this Court who after having been duly sworn according to the Law returns into Court the following report to wit.
"Dec. 1st 1852 State of Missouri County of Greene - We, A.M. Appleby, Silas Grantham and William G. Roberts, Commissioners appointed by theCourt to make partition of the land in the above cause respectfully represent upon our affidavit that partition or division cannot be made of said land without great prejudice to the parties interested and recommend that the said land be sold."
A.N. Appleby
Silas Grantham
Win. G. Roberts
And all and singular the premises being seen and by the Court fully understood, it is considered by the Court that said report be approved. It is therefore ordered by the Court that the Sheriff of Greene County sell the said lands to the highest bidder at the Court House door in Springfield on a credit of 12 months during the sitting of the Circuit Court and that he advertise the sale according to Law. Bonds with Security will be required of purchasers.
163
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
NOVEMBER TERM 1852
p 55.
Haywood, Crow and Talbott
vs Civil Action
Thomas Tiller, guardian of
Elijah Perkins an insane person
This day come the parties foresaid and neither party requiring a Jury agree to submit this cause to the determination of the Court and the evidence being heard it is found by the Court that said Perkins is indebted to said Plaintiffs in the sum of $233.89 debt and ninety eight and nine one hundredths dollars damages. It is therefore considered by the Court that said Plaintiffs recover of said Defendant Elijah Perkins the said sums assessed as aforesaid and also their costs herein expended to be levied of the estate of Elijah Perkins and that execution issue therefor.
State of Missouri Plaintiff
vs Indictment For Dealing With A Slave
Stuart Warren Defendant
This day came again the parties in this cause and the motion to quash said indictment heretofore filed coming up for hearing and all and singular the premises being seen and by the Court fully understood it is considered by the Court that the said motion be sustained.
E.G. Price Plaintiff
vs Civil Action
Wm. P. Cox Defendant
This day come the Plaintiff in this cause by his attorney and it appearing to the satisfaction of the Court that the Defendant had been served with process and having failed to answer, and having been three times solemnly called come not and the demand being founded on an instrument of writing and the amount ascertained. Thereby the Court do find that the said Defendant is indebted to the said Plaintiff in the sum of seventy five dollars for his debt and three do1lars damages for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of and from the Defendant the aforesaid sums together with his costs In this behalf expended for all of which execution may issue.
p 56.
State of Missouri Plaintiff
vs Indictment Deterring Witness From Obeying Process
Abraham Fine Defendant
The Defendant by leave of the Court files herein his motion to quash said Indictment and the same being ready for hearing and all and singular the premises being seen and understood it is considered by the Court that the said motion be sustained.
State of Missouri Plaintiff
vs Appeal J.P.
John McQuerter Defendant
The Defendant by leave of the Court files herein his motion to quash said Indictment and the same being ready for hearing and all and singular the premises being seen and understood it is considered by the Court that the said motion be sustained.
State of Missouri Plaintiff
vs Attachment
John Fine Defendant
This day personally appeared the defendant in obedience to his recognizance and
(continued)
164
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
NOVEMBER TERM 1852
p 56 (cont)
makes his excuse for failing to obey the process of this Court, and all and singular the premises being seen and by the Court fully understood. It is considered by the Court that he be hereof discharged and go hence without day.
State of Missouri Plaintiff
vs Attachment
Mary S. Fine Defendant
This day personally appeared the Defendant in her own proper person in obedience to her recognizance and makes her excuse for failing to obey such subpoena which said excuse is deemed to be sufficient. It is therefore considered by the Court that she be hereof discharged from the payment of any fine for contempt.
p 56/57.
R.C. Shackelford, G.C. Coye
and J.C. Turman Plaintiffs
against Civil Action
Thomas Tiller, guardian for
Elijah Perkins, an insane person Defendant
This day came the parties aforesaid by their attorneys and neither party requiring a Jury the same was submitted to the Court and the evidence being heard. It is found by the Court that said Perkins in indebted to the said Plaintiffs in the sum of three hundred and ninety dollars and forty eight cents for debt and thirteen dollars and fifty two cents damages. It is therefore considered by the Court that the Plaintiffs recover of said Perkins said sum and also their costs herein expended and that the same be levied of the goods and chattels and lands and tenements of said Perkins and that execution issue therefor.
p 57.
Wayman Crow Phoecion R. McRay
William H. Barksdale, William A. Hargadine and George D. Appleton
against Civil Action
Thomas Tiller guardian for Elijah Perkins an insane man
This day come the parties aforesaid by their attorneys and neither party requiring a Jury the same was submitted to the Court and the evidence being beard. It is found by the Court that said Perkins is indebted to the said Plaintiffs in the sum of seven hundred and thirty dollars and forty four cents for their debt and thirty eight dollars and ninety seven cents damages. It is therefore considered by the Court that the Plaintiffs recover of said Perkins said sums and also their costs herein expended and that the same be levied of the goods and chattels lands and tenements of said Perkins and that execution issue therefor.
p 58 - nil
p 59/60.
James K. Alsup Plaintiff
vs Petition for a Decree For the Conveyance of Land
Margaret A. Cowden and Elisha Headle
curator of Mary E. Cowden, John F.
Cowden and James 1. Cowden, minor heirs of
James A. Cowden deceased Defendants
(continued)
165
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
NOVEMBER TERM 1852
p 59/60 (cont).
Now at this day came the Plaintiff by his attorney and by leave of the Court files herein his petition in this case. Whereupon came Elisha Headle curator for Mary E. Cowden, John F. Cowden, and James L. Cowden, minor heirs of James A. Cowden and having presented to the Court authority to act for and defend the interest of Margaret Cowden, filed herein by permission of the Court an answer to Plaintiff's petition. The parties then submitted the case to the Court sitting as a Jury and the Court, after hearing the witness testimony adduced by Plaintiff's proving the allegations in Plaintiff's petition and considering also the fact of the Defendants confessing the allegations in Plaintiff's petition, do find that James K. Alsup was the owner of the NE 1/4 of the NE 1/4 of Sect 19 TWP 31 Range 21 W. That the Plaintiff did agree with one of Sims to run a line from the niche in a big rock on the forty acre lot immediately south of his aforesaid forty tract of land directly north across his aforesaid
forty acre tract and to convey to the said Sims that portion of his forty, East of the aforesaid line after being run. That the line was accordingly run as agreed upon and that at the request of the said Sims the Plaintiff conveyed as he supposed 17 acres and one hundred and forty one rods the amount falling East of the aforesaid line run as agreed upon to one James A. Cowden. That Plaintiff, instead of conveying to the said Cowden the seventeen acres one hundred and fifty one rods, the amount of the Plaintiff's forty acre tract, falling East of the aforesaid line, actually through mistake, conveyed to this said Cowden his whole 40 acre tract of land. The Court therefore decrees that the Defendants be divested of all title in and to that portion of the aforesaid 40 acre tract of land, lying West of the aforesaid line run as agreed upon by Plaintiff and said Sims of and to which they became vested by virtue of the aforesaid Deed of Conveyance and the Court further decrees that the said Elisha Headle curator as aforesaid execute a Deed of Conveyance to Plaintiff conveying to him all the right title claim and interest that Mary E. Cowden, John F. Cowden and James L. Cowden minor heirs of said James A. Cowden may have in and to that portion of the aforesaid 40 acre tract conveyed by Plaintiff as aforesaid that is sitdate on the West side of the aforesaid line and the Court further decrees that the said Margaret convey to the Plaintiff her right of dower in and to all that portion of the aforesaid 40 acre tract of land situate West of the aforesaid line.
p 60
G.W. Ke1ley
to Deed
Jacob Bodenhamer
This day comes George W.Kelley, former Sheriff of Greene County, who is personally known to the Court to be the identical person whose name is subscribed to an instrument of writing purporting to be a Sheriff's Deed conveying to Jacob Bodenhamer the W 1/2 of the NW 1/4 of Sect 24 TWP 30 Range 21 W containing 80 acres of land and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.
p 61. nil
p 62. December 3rd 1852
J.V.B. Dodson, S.R. Roberts, F.A. Kounslor Plaintiffs
against Civil Action
John DeBruin Defendant
Now at this day come the Plaintiffs by their attorney and it appearing to the satisfaction of the Court that a Judgment has been conferred by the Defendant in vacation and the demand being founded on an instrument of writing and the amount being ascertained thereby amounting to the sum of $401.35 for their debt and damages. The Court do find from the proceedings that the aforesaid amount was confessed in vacation
(continued)
166
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
NOVEMBER TERM 1852
p 62 (cont)
on the 24th day of August 1852. It is therefore considered by the Court that the said Plaintiffs have and recover of and from the said Defendant the aforesaid sum of $401.35 with the interest and costs from the said 24th day of August 1852 for all of which execution may issue.
Jacob Woodward Plaintiff
against Appeal J.P.
Amos Hardin Defendant
This day came the parties in this cause and the same being ready for trial and thereupon came a Jury to wit: Woodson A. Thomas, Benjamin Johnson, William West, Thomas HousC, R.P. fladen, and Jacob H. Smith, six good and lawful men, after bearing the evidence and argument of Counsel returned into Court the following verdict: "We the Jury find for the Defendant." It is therefore considered by the Court that the Defendant have and recover of and from the said Plaintiff his costs and charges in this behalf laid out and expended for all of which execution may issue.
p 63.
The Grand Jury came into Court and present the following as true bills of indictment, to wit:
State of Missouri vs Abraham Fine for inducing witness not to appear before the
Grand Jury.
State of Missouri vs Reuben E. Blakey for Gaming
State of Missouri vs William Chenoweth for Gaming
State of Missouri vs Cicero McGinty for Gaming
State of Missouri vs William Pursley for Selling spiritous liquor without license
State of Missouri vs William Webb for Selling spiritous liquor without license
State of Missouri vs Abraham Fine for preventing a witness appearing before Grand Jury
State of Missouri vs Noah Strong for Pettit larceny
State of Missouri vs Stephen V. Henry for Grand larceny
State of Missouri vs ______ for Felonious assault
And having no further business retired to consider thereof, which said Bills of Indictment is by the Court ordered to be filed and ordered that Capias issue thereon.
Tapley Daniel Plaintiff
against Civil Action
John M. Crockett et al Defendants
Now at this day comes the parties in this cause and by consent the answer heretofore filed is withdrawn and the Defendants say they cannot deny but that they owe the said Plaintiff the sum of $300. It is therefore considered by the Court that the said plaintiff have and recover of and from the said Defendants the aforesaid sum of $300 together with their costs in this behalf expended, that the equity of redemption be foreclosed and the mortgaged premises be sold to satisfy the same.
p 64.
John S. Phelps plaintiff
vs Injunction
Lewis Tappan, Arthur Tappan, Alfred Edwards
and William F. Whiting form
of A. Tappan and Co Defendants
Now at this day came again the parties by their attorneys and the Defendants demurrer to the Plaintiff's petition coming on to be heard, it appears to the Court here that
(continued)
167
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D
NOVEMBER TERM 1852
p 64 (cont)
said petition does not state facts sufficient to constitute a cause of action noror an injunction and the said Defendants ought not to be bound to answer the same. It is therefore considered by the Court that said demurrer be sustained, that said Plaintiff take nothing by his said injunction and that the same be dissolved. And thereupon no Jury being required by either party and the injunction having been granted to stay a Judgment for money, the Court do assess the damages sustained by the Defendants by reason of the injunction at the sum of $63.60 being 10% on the amount of said Judgment enjoined as aforesaid exclusive of legal interest. Therefore it is considered by the Court here that the said Defendants have and recover of and from the said Plaintiff the said sum of $63.60 exclusive of legal interest as aforesaid assessed, and also their cost and charges about their defence in this behalf laid out and expended for all of which execution may issue.
p 65.
This day came the Grand Jury and returned into Court the following bills of Indictment, to wit:
Richard W. Robertson for Adultery
Eliza Jane Jackson for Adultery
Elizabeth Reed for keeping a Bawdy House
And having no further business were by the Court discharged. And it is ordered by the Court that the said bills of Indictment be marked filed and that capiases be issued thereon.
p 66.
Now at this day comes William Harralson and shows to the Court here his bond as receiver by appointment of the Judge of the 13th Judicial Circuit made in vacation on the 13th day of August A.D. 1852 in the matter of Mary Fine against Abraham Fine for a divorce which said bond is by the Court approved and ordered to be filed.
G.W. Kelley
against Fee Bill of $39.20
James T. Akin
This day come George W. Kelley former Sheriff within and for Greene County and exhibited his fee bill against said Akin for services rendered while Sheriff as aforesaid and all and singular the premises being seen and by the Court understood, it is considered by the Court that there is of right $39.20 due to said Kelley for his services as aforesaid and that he retain that amount out of the monies in his band belonging to said Akin.
On petition of William Townsend and Joseph T. Morton the following correction of the Deed made by George W. Kelley Sheriff of Greene County to Andrew Rountree and also to No. in the petition for partition brought by William Townsend, Isaac Wood et al to divide the lands belonging to the estate of George R. Rainey deceased by inserting-in the place of NE the entire NW 1/4 of Lot No. 1 NW fractional 1/4 of Sect No. 3 in TWP No. 29 of Range No. 21. And also that George W. Kelley as Sheriff as aforesaid be allowed to amend his return on the execution so as to show a proper levy and to make his Deed to the land sold by virtue of said proceedings conform thereto.
168
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
NOVEMBER TERM 1852
p 67.
State of Missouri Plaintiff
against Indictment for Gaming
Reuben E. Blakey Defendant
This day come the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant in his own proper person who says he cannot deny but that be is guilty in the manner and form as he is charged in the said bill of Indictment, and all and singular the premises being seen and by the Court understood. It is considered by the Court that he make his fine by the payment of the sum of ten dollars. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Reuben E. Blakey 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.
State of Missouri Plaintiff
against Indictment for Gaming
William Chenoweth Defendant
This day come the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant in his own proper person who says he cannot deny but that be is guilty in the manner and form as he is charged in the said bill of Indictment, and all and singular the premises being seen and by the Court understood. It is considered by the Court that he make his fine by the payment of the sum of ten dollars. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said William Chenoweth the aforesaid sum of ten dollars together with her costs and charges in this behalf laid Cut and expended for all of which execution may issue.
END OF NOVEMBER TERM 1852.
END OF 1852 Cases.
169
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