Springfield-Greene
County LibrarySEPTEMBER TERM 1855
Book D.
p 304/305
In the matter of the Petition of James R. Danforth for Sheriff Deed:
Now at this day comes here into Court the said James R. Danforth and files and presents his petition praying the Court to order the present Sheriff of Greene County to execute to him a Deed to certain lands therein and hereafter mentioned which have been sold by Thomas Potter, late Sheriff of said Greene County and the Court having heard said petition read and the evidence adduced to substantiate the facts therein doth find that at the July Term of this Circuit Court of the County of Greene for the year of 1853 and on the 23rd day of said Month of July the said James R. Danforth upon his petition and suit in the nauture of a suit in equity where in the said James R. Danforth was Plaintiff and Jonathan E. Danforth in his own right of executor of Josiah F. Danforth were Defendants the said Parties before that time having been partimes trading and doing business under the form and style of Danforth and Brothers recovered by a Judgment and Decree against said firm and against said Jonathan E. Danforth and against him as executor of said Josiah F. Danforth and said firm the sum of two thousand two hundred and forty eight and 6/100 with costs of said suit for so much mony by him before that time paid laid out and expended for said firm, and that said Court at the time of the rendition of said judgment and decree found that said firm then owned and possessed the following real estate lying and being situated in the said County of Greene and the State of Missouri, to wit: the s 1/2 of Lot 24 of Block 6 in the City of Springfield also a Lot of land containing one acre and nine poles lying and being on the East side of Springfield adjoining Block No 22 described as follows - beginning at the NE corner of Block No 22 of the town tract at a stake numbered 81 thence running East 22 poles 13 links to a stake, thence South 7 poles and 71/2 links thence West 22 poles 13 links, thence North to the beginning and that there was not sufficiency of available assets of said firm to pay said James R. Danforth the amount so found due without the sale of said lands. And this Court further finds that said Court ordered and adjudged and deemed that said Real Estate should be sold to satisfy said amount so found Deed said James R. Danforth and that the satne should be exposed to sale at the Court House door in the town of Springfield in said County of Greene Circuit Court of said Greene County then next to be holden within and for said County of Greene after first giving such notice as the Law requires for the sale of real estate under a ficre faceas. And this Court further finds that afterward on the first day of December 1833 the Clerk of the Circuit Court of said Greene County pursuant to said Judgment and Decree issued a special feire facias under the seal of the said Court directed to the said Greene County commanding the said Sheriff to sell real estate in persuance of said Judgment and Decree which writ of special ficre facias was afterwards placed in the hands of Thomas Potter then Sheriff of Greene County which was by him duly laid upon said real estate and this Court now further find that the said Thomas Potter as Sheriff of said Greene County by advertisements printed and published in the SPRINGFIELD ADVERTISER a newspaper printed andpublished in the city of Springfield in this said County of Greene did give public notice that he would on the third day of this Circuit Court of said Greene County to be began and held on the second Monday of January 1854 sell said real estate, fully describing the same and where be sold to the highest bidder for cash in hand and describing the time and place of said sale which notice was given for more than twenty days immediately previous to said sale and the said Thomas Potter as Sheriff of said Greene County by virtue of said special writ of the Circuit Court of said Greene County which was on the eleventh day of said month of January 1854 offer for sale and proceeded to sell said real estate at the Court House door in said County of Greene and while the Circuit Court of this said County was in session between the hours of 9 o'clock in the forenoon and 5 o'clock in the afternoon of said day at auction for ready mony when the said James R. Danforth being the highest bidder for said real estate became the purchaser of all of the said real estate for the
(continued)
113
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 304/305 (continued)
aggregate amount of $2250 and that the said James R. Danforth being Plaintiff in said execution the said bid was credited on said execution in satisfaction thereof. Therefore the Court finds that said purchase mony has been paid and that said James R. Danforth thereupon became entitled to a deed for said lands. The Court further finds that said Thomas Potter departed this life without having made said Deed although he was about to do so at the time of his death. It is therefore ordered by the Court that Samuel Fulbright, now Sheriff of said Greene County, execute and acknowledge a Deed to said James R. Danforth for said real estate conveying to the said James R. Danforth all the right title and interest which said Jonathan E. and Josiah F. Danforth and the said firm of Danforth and Brothers had in and to said lands at the time of said Judgment and Decree.
p 306/307.
Robert J. McElhaney and Clement Jaggard Plaintiff
vs Attachment
John McHenry Defendant
Now at this day comes the Plaintiffs by their attorney and the said Defendant being three times solemnly called comes not but makes default and it appearing to the satisfaction of the Court that the said Defendant had been duly served with process more than twenty days before the commencement of this Court a part of said demands being founded on two promissary notes purporting to have been executed by the said Defendant to the said Plaintiff and the remainder being founded on an account and the said Defendant neither appearing pleading answering or demurring and said action remaining wholy undefended the same is taken as confessed. And the Court after examining the said notes and accounts and the evidence therein do find that the said Defendant and the said Plaintiff the sum of two hundred and twenty four dollars and seventy eight cents debt and that they have
sustained damage by reason of the detention thereof in the sum of six dollars and twenty eight cents. 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 their costs and charges about this suit laid Out and expended and that they have execution therefor.
p 307.
John R. Roberts Plaintiff
vs Attachment
John McHenry Defendant
Now at this day comes the Plaintiff by his attorney and the said Defendant being three times solemnly called comes not but makes default and it appearing to the satisfaction of the Court that the said Defendant had been duly served with process more than twenty days before the commencement of this Court, said demand being founded on a promissory note purporting to be executed by said Defendant neither appearing pleading answering or demurring and said action remaining wholy undefended the same is taken as confessed and the Court after examining the said note and evidence therein do find that the said Defendant owes the said Plaintiff the sum of $230 debt and that he has sustained damages by reason of the detention thereof in the sum of $9.77. 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 laid out and expended in this suit and that he have execution therefor.
114
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 307/308.
William McAdams Plaintiff
vs Attachment
John McHenry Defendant
Now at this day comes the Plaintiff by his attorney and the said Defendant being three times solemnly called comes not but makes default and it appearing to the satisfaction of the Court that the said Defendant had been duly served with process more than twenty days before the commencement of this Court, said demand being founded on a promissory note purporting to be executed by said Defendant neither appearing pleading answering or demurring and the said action remaining wholy undefended the same is taken as confessed & the Court after examining the said note and evidence therein do find that the said Defendant owes the said Plaintiff the sum of $252 debt and that he has sustained damages by reason of detention thereof in the sum of $8.73. 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 laid out and expended in this suit and that he have execution therefor.
p 309. Wednesday Morning September 19, 1855.
Abraham Woody Plaintiff
vs Civil Action
Harmon Killum Defendant
Now at this day comes the Defendant by his attorney and the matters heretofore filed to retax cost in this case coming up to be heard and it appearing to the satisfaction of the Court that the said Defendant was erroneously taxed with the cost of one witness Samuel Millers fees in this cause. It is considered by the Court that the said Witness Fees, to wit Three Dollars, be taxed against the Plaintiff.
State of Missouri Plaintiff
vs Gaming
Washington Beuwlier Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as also the Defendant who says he cannot deny but he is guilty as he stands charged in the Indictments and puts himself on the mercy of the Courts. It is therefore considered by the Court that the Defendant be fined the sum of ten dollars for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant the said sum of ten dollars her fine together with the costs laid out and expended in this suit for which execution may issue.
p 310.
State of Missouri Plaintiff
vs Racing on Public Road
Qualls Banfield, John Banfield
and Richard Snead Defendants
Now at this day comes the Defendants by their attorney and by leave of the Court files their motion to quash the indictment in this cause and all and singular the premises being seen and by the Court fully understood said motion was by the Court sustained and the Indictment quashed. It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendants be hereof discharged and go hence without day.
115
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 311.
State of Missouri Plaintiff
vs Gaming
John Wilkerson Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and also the Defendant who for a plea says he cannot deny but he is guilty as he stands charged in the Indictment and puts himself upon the mercy of the Court. It is therefore ordered by the Court that the Defendant be fined in the sum of ten dollars for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant the said sum of ten dollars her fine and all the costs of this suit for which execution may issue.
State of Missouri Plaintiff
vs Gaming
John Wilkerson Defendant (2nd Ind.)
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and also the Defendant who for a plea says he cannot deny but he is guilty as he stands charged in the Indictment and puts himself upon the mercy of the Court. It is therefore ordered by the Court that the Defendant be fined in the sum of ten dollars for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant the said sum of ten dollars her fine and all the costs of this suit for which execution may issue.
p 312.
State of Missouri Plaintiff
vs Gaming
Claton H. Wilkerson Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and also the Defendant who for a plea says he cannct deny but he is guilty as he stands charged in the Indictment and puts himself upon the mercy of the Court. It is therefore ordered by the Court that the Defendant be fined in the sum of ten dollars for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant the said sum of ten dollars her fine and all the costs of this suit for which execution may issue.
State of Missouri Plaintiff
vs Gaming
John Wilkerson Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and says he will not further prosecute her Suit but will suffer the Sameto be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Gaming
Claton H. Wilkerson Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and says he will not further prosecute her suit but will suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hencewithout day.
116
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 313.
State of Missouri Plaintiff
vs Betting On An Election
H.S. Blankenship Defendant
Now at this day the motion heretofore filed by the Defendant to Quash the Indictment in this cause coming on for a hearing was by the Court sustained. It is therefore considered by the Court that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Gaming
John Bunch Defendant
Now at this day the motion heretofore filed by the Defendant to Quash the Indictment in this cause coming on for a hearing was by the Court sustained. It is therefore considered by the Court that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Gaming
John Bunch Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and says he will not further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant he discharged hereof and go hence without day.
p 313/314.
State of Missouri Plaintiff
vs Gaming
John Bunch Defendant (2nd Ind.)
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and says he will n0t further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.
p 314.
Abraham Fine Plaintiff
vs Civil Action
William Littleton Defendant
Now at this day comes the Plaintiff by his attorney and by leave of the Court dismisses this Suit. It is therefore considered by the Court that the Plaintiff take nothing by his said suit and that the Defendant have and recover of the Plaintiff his costs laid out and expended for which execution may issue.
Samuel Fulbright Plaintiff
To Deed
James Danforth Defendant
This the 19th day of September 1855 comes here into Court Samuel Fulbright Sheriff of Greene County and presents a Deed of Conveyance from Sheriff aforesaid to James R. Danforth to the following real estate, to wit: the S 1/2 of Lot No. 24 in Block 6 in the city of Springfield also a Lot of land containing one acre and nine poles lying and being in the East side of Springfield adjoining Block No. 22 described as follows:
(continued)
117
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 314 (continued)
beginning at the NE corner of Block No 22 of the town tract at a stake numbered 81 then running East 22 poles 13 links to a stake, thence South 7 rods and 74 links, thence West 22 poles and 13 links, thence to the beginning. And acknowledged the same to be his act and deed for the purposes therein mentioned and which real estate was sold by Thomas Potter late Sheriff of Greene County by virtue of a special writ of fiere facias issued upon a Judgment and Decree rendered in Greene Circuit Court in a suit wherein the said James R. Danforth was Plaintiff and the said Jonathan E. Danforth in his own right and executor of the said Josiah F. Danforth were Defendants.
p 316.
Charles McClure Plaintiff
vs Attachment
Ancil Lawson Defendant
Now at this day comes the parties by attorney and neither party requiring a Jury the said cause is submitted to the Court and said cause being founded on an instrument of writing and the amount being ascertained thereby the Court sitting as a Jury do find that the said Defendant is justly indebted unto the said Plaintiff in the sum of $300 for his debt and that the said Plaintiff has sustained damage in the sum of $7.50. 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 about his Suit laid out and expended and that he have execution therefor.
C.H. Headlee and John J. Abernathy Plaintiff
vs Civil Action
John W. Chenoweth, Henry Chenoweth &
Samuel Fulbright Defendants
Now at this day comes the parties by attorney unto Court by agreement without process the said Plaintiff having filed their petition and neither party requiring a Jury this cause is submitted to the Court and the demand founded on an instrument of writing and the amount ascertained thereby the Court doth find that the Defendants are justly indebted to the Plaintiffs in the sum of $420 his debt as also the sum of $13.65 as -his damages. It is therefore considered by the Court the Plaintiffs have and recover of and from the Defendants the said sum and damages together with their costs laid out and expended for all of which execution may issue.
p 317.
Joshua M. Battey Plaintiff
vs Foreclosure of Mortgage
John McHenry Defendant
Now at this day comes the Plaintiff and files herein his petition in this cause and the Defendant appeared by L. Headlee his attorney and Defendant by said attorney files herein his answer to the petition of Plaintiff in this cause and it appearing that the facts stated in the petitions of Plaintiff and not denied whereby the Court finds the Defendant owes Plaintiff $2250 debt. It is therefore considered by the Court that Plaintiff have and recover of and from said Defendant the sum of $2250 the amount claimed by Plaintiff together with costs for which execution may issue. It is further ordered and decreed by the Court that the Deed of Mortgage mentioned in Plaintiffs petitions equity of redemption be foreclosed and that the Sheriff of this County give legal notice and sell the real estate mentioned in said petition to wit: Lots 43 & 44 in Block 14 in this city of Springfield to the highest for cash in hand at the Court House door in Greene County
(continued)
118
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 317 (continued)
during the sitting of this Court at its next term and that the proceeds of said sale be paid to the Plaintiff in discharge of the Judgment in this cause, and if said real estate should not be sufficient to discharge said Judgment the Sheriff is ordered to levy the same of the goods and chattles and real estate of the Defendant according to Law.
Richard S. Gott Plaintiff
vs Civil Action
John McHenry Defendant
Now at this day comes the parties by attorney and the Defendant files his answer to the Plaintiffs petition and does not deny but that the same is true and the demand being founded on an instrument of writing and the amount ascertained thereby. It is considered by the Court that the Plaintiff have and recover of the Defendant the sum of $426 for his debt and the sum of twelve dollars and seventy eight cents as his damages together with his costs laid out and expended in this suit for all of which execution may issue and the property attached be levied to satisfy the same.
p 318/319/320
John S. Lagers et al Petition for Partition.
Now at this day comes the parties by their attorney and all and singular the premises being seen and by the Court fully understood, the Court gave Judgment of partition according to the prayerof the petitioners and the report of the Commissioners heretofore appointed to lay off the dower interest of the widow of John H. Smith, deceased, and make partition of the remaining land among said heirs, being by the Court approved. The Court that the said Emeline Garrison formerly widow of John H. Smith, deceased, is entitled to one third of the real estate of said decedent during her natural life and hereby sets apart for her use and benefit during her said natural life the following described lands, to wit: commencing at the NW corner of the SE 1/4 of the NW 1/4 of Sect 22 TWP 28 Range 20 running East 20 chains to a stake, thence South 20 chains to a stake, thence West 20 chainst to a stake, thence North 20 chains to a Stone corner being the place of beginning, containing 40 acres including the dwelling house of said decedent and also a further lot of 26 and 2/3 acres, beginning at the NW corner of the NE 1/4 of the NE 1/4 of Sect 12 TWP 27 Range 20 running East 13 1/3 chains to a stake, thence South 20 chains to a stake, thence West 13 1/3 chains to the SW corner of the said NE 1/4 of the NE 1/4 of Sect 12, thence North 20 chains to the beginning making in all of said dower 36 2/3 acres the same being 1/3 of all the real estate of the said John H. Smith, deceased, the Court also find that after setting apart the widow's dower there still remains undisposed of the following described lands, to wit: the SE 1/4 of the NW 1/4 of sect 22 TWP 28 and 13 1/3 acres on the East side of NE 1/4 of the NE 1/4 of Sect 12 in TWP 27 and the West 1/2 of the SE 1/4 of Sect 11 in TWP 28 all in Range 20 containing in all 133 1/3 acres the same being 2/3 of the real estate of the said decedent which said land belong to the heirs of sd John H. Smith, deceased, in equal shares which sd heirs are as follows - John H. Sawyers and Elizabeth, his wife, one share - Patrick H. Smith and William B. Smith one share each and Thomas J. Smith one share in all four shares. The Court do further find that said land other than those set apart to the said widow are not susceptable of partition without great prejudice to those interested. It is therefore ordered, adjudged and decreed by the Court that said land be sold by the Sheriff of Greene County at the Court House door in the city of Springfield during the sitting of the Circuit Court for said County which commences on the 2nd Monday of March on a credit of six months by the purchaser giving bond with approved security and that the proceeds be equally divided between said heirs of John H. Smith, deceased, after paying the expenses of this Writ.
119
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 321 Thursday Morning 20 Sept.
Cary A. Jameson Plaintiff
vs Petition to Decree Title To Land
Louisa T. Campbell widow of the
late John P. Campbell & Executor
of his last will and testament,
John N. Campbell, Leonidas A. Campbell,
Jabez Owen and Sarah R. Owen his wife,
James Campbell, Thomas Campbell,
Samuel Campbell, William A. Campbell,
Louis A. McKinny, Heirs of said
John P. CampbellDefendants
Now at this day the Court appointed William C. Price guardian ad litem for the minor Heirs of John P. Campbell, deceased, in the above cause, to wit: James Campbell, Thomas Campbell, Samuel Campbell, William A. Campbell and Louisa T. McKinny.
p 321/322.
Cary A. Jameson Plaintiff
vs Petition for Decree to Certain Lot of Land
Louisa T. Campbell widow of the
late John P. Campbell & Executor
of his last will and testament,
John N. Campbell, Leonidas A. Campbell,
Jabez Owen and Sarah R. Owen his wife,
James Campbell, Thomas Campbell,
Samuel Campbell, William A. Campbell,
Louis A. McKinny, Heirs of said
John P. Campbell Defendants
This day comes Cary A. Jameson by his attorney and the Defendants, Louisa T. Campbell, John N. Campbell, Leonidas A. Campbell, Jabez Owen and Sarah Rush Owen his wife by their attorney and said James Campbell, Thomas Campbell, Samuel Campbell, William A. Campbell and Louisa McKinny, the above minor Heirs of J.P. Campbell, deceased, by the Guardian ad litem, W.C. Price who say they cannot deny but that John P. Campbell, deceased, did, on or about the first day of March 1847, sell to said Plaintiff the piece of land mentioned in the petition of the said C.A. Jameson, to wit: two acres of land on the South side of Springfield, Mo., beginning on the West side of Main or South Street on a line East and West passing through the South edge of the most Southerly grave of the old GraveYard in the South side of Springfield, Mo., running 14 rods West on said line Patten's Alley next to McAdams, thence so far South as to meet two acres parallel lines turning East and West and West Alley 30 feet wide running through said two acres near about midway the length of the tract calculated to be about 24 rods eleven feet 5 outh to within 30 feet of 40 acre tract of land sold by John P. Campbell, deceased, in his life time to John A. Stephens. Said land is Situate in the SW 1/4 of Sect No 24 TWP No 29 Range No 22 W, and that said Jameson paid the sum of $100 to said John P. Campbell for said land it being in full payment of the purchase money paid for said tract of land. That the said John P. Campbell had made to the said Cary A. Jameson a Warranter Deed to said land but the Dowery of Mrs. L.T. Campbell had not been relinquished. The Court, after examining the premises and fully being possesed of the facts of the case adjudged
and decree all the right title in trust and claim that the said John P. Campbell, deceased had to said land at the time he sold the same to the said Cary A. Jameson or that he had since said sale be vested in said Cary A. Jameson his Heirs and Assigns as fully as it vested in the said John P. Campbell. The Court do further adjudge and decree all
(continued)
120
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 321/322 (continued)
the right title interest and claim the Heirs of said John P. Campbell as such to said Premises since his death be vested in the said Cary A. Jameson his Heirs and assigns and that the Plaintiff pay the costs of this suit for which execution may issue.
p 322.
State of Missouri Plaintiff
vs Gaming
John Jessup Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as also the Defendant who says he cannot deny but he is guilty as he stands charged in the Indictment and puts himself on the mercy of the Court. It is ordered by the Court that the Defendant be fined $10 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of the said Defendant the sum of $10 her fine and her costs for which execution may issue.
p 323.
State of Missouri Plaintiff
vs Gaming
Benjamin F. Andrews Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as also the Defendant who says he cannot deny but he is guilty as he stands charged in the Indictment and puts himself on the mercy of the Court. It is ordered by the Court that the Defendant be fined $10 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of the said Defendant the sum of $10 her fine and her costs for which execution may issue.
State of Missouri Plaintiff
vs Betting on an Election
John Banfield Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as also the Defendant who says he cannot deny but he is guilty as he stands charged in the Indictment and puts himself on the mercy of the Court. It is ordered by the Court that the Defendant be fined $10 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of the said Defendant the sum of $10 her fine and her costs for which execution may issue.
p 324.
Wilson Hackney Plaintiff
vs Civil Action
Morton Bird Defendant
Now at this day comes the motion heretofore filed to strike out the abateable matter in Defendant's answer to be heard and all and singular the premises being seen and by the Court fully understood the said Motion was sustained.
p 325.
Ordered by the Court that Samuel Fulbright, Sheriff., pay over to the attorneys of McElhaney and Jaggard John R. Roberts William McAdams in the causes wherein they are Plaintiffs and John McHenry is Defendant on Judgment rendered at this Term of the Court the proceeds of property sold under attachment by order of the Judge of this Court in vacation and that the said Sheriff reserve a sufficient amount to satisfy all costs and expenses in said causes.
121
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 326.
Benjamin Canifax Plaintiff
vs Civil Action
Lewis A.D. Crenshaw Defendant
Now at this day this cause coming on to be heard and the Defendant's answer having been stricken out by the Court and the Defendant having failed to further answer Plaintiff petition whereupon there being no answer Judgment ought to be rendered as for failure to answer and Plaintiff damages assessed, and there being no Jury required to assess said damages but the same is submitted to the Court by oral consent for the assessment of damages, and the Court having heard the evidence doth find that said Plaintiff hath sustained damages by reason of the killing of said bull by said Defendant as alleged in said petition to the amount of one hundred dollars and the Court doth assess the damages aforesaid to the said sum of one hundred dollars. It is therefore considered by the Court that said Plaintiff have and recover of said Defendant the said sum of one hundred dollars. It is therefore considered by the Court that said Plaintiff have and recover of said Defendant the said sum of one hundred dollars damages assessed as aforesaid together with his costs and charges in this behalf laid out and expended and that he have execution therefor.
Friday Morning September 21, 1855.
State of Missouri Plaintiff
vs Gaming
A.W. Maupin Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as also the Defendant who says he cannot deny but he is guilty as he stands charged in the Indictment and puts himself on the mercy of the Court. It is ordered by the Court that the Defendant be fined $10 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of the said Defendant the sum of $10 her fine and her costs for which execution may issue.
p 327.
Ordered by the Court that in the matters of McElhaney and Jaggard, John R. Roberts and William McAdams vs John McHenry that Samuel Fulbright, Sheriff, be credited with the sum of $50.82 this amount of the fee bill filed and approved by the Court.
John R. Roberts Plaintiff
vs On Garnishee
James P. Massey Defendant/Garnishee
Now at this day comes the Defendant by his attorney and files his answer to the Plaintiffs interrogations in which he acknowledged he owes and stands justly indebted to the said John McHenry in the sum of $80 now due. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the Garnishee the said sum of $80 for which execution may issue.
McElhaney and Jaggard Plaintiffs
vs on Garnishee
QuaIls Banfield Garnishee
Now at this day comes the Defendant by his attorney and files his answer to Plaintiff's Interrogations in which he acknowledges he owes and is indebted to the said John McHenry in the sum of $150 due the first of November 1855. It is therefore considered by the Court that the Plaintiff have and recover of the Defendant the garnishee the said sum of $150 for which execution may issue after said debt comes due.
122
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 320.
State of Missouri Plaintiff
vs Betting on Election
John Banfield Defendant
Now at this day comes the Defendant by his attorney and an appeal is granted to said Defendant to the Supreme Court and the said John Banfield as principle and QuaIls Banfield as security, acknowledged therein to owe and stand justly indebted to the Stateof Missouri in the sum of $50 to be levied of their respective goods and chattles lands and tenements conditions that the said John Banfield who has been indicted in the Circuit Court of Greene County and has taken an appeal from the Judgment of said County shall make his appearance at the next term of the Supreme Court of the State of Missouri which will be began and held at the city of Jefferson on the 2nd Monday of January 1854 and prosecute his said appeal and abide the decision of said Court.
State of Missouri Plaintiff
vs Gaming
Reese Gott Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as also the Defendant who says he cannot deny but he is guilty as he stands charged in the Indictment and puts himself on the mercy of the Court. It is ordered by the Court that the Defendant be fined $10 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of the said Defendant the sum of $10 her fine and her costs for which execution may issue.
p 329.
Morgan McClurg Plaintiff
vs Civil Action
John M. Richardson Defendant
Now at this day comes the Plaintiff by attorney and by leave of the Court this cause is dismissed. It is therefore considered by the Court that the Plaintiff take nothing by his said suit and that the Defendant have and recover his costs laid out and expended for which execution may issue.
p 330.
Wilson L. Hackney Plaintiff
vs Civil Action
Morton D. Bird Defendant
Now at this day comes the parties by their attorneys and on application of Defendant and agreement of parties there is a Change of Venue granted in this cause to the county of Dade and the Defendant pay the costs of this term.
Daniel Chandler Plaintiff
vs Appeal
James Billings et al Defendant
Now at this day it appearing to the satisfaction of the Court that this cause was by the Plaintiff dismissed in vacation, it is considered by the Court that the same be dismissed and that the said Plaintiff take nothing by his suit and that the Defendants have and recover his costs for which execution may issue.
123
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 330/331.
James Faulkner Plaintiff
vs Civil Action
Andrew Warstner Defendant
Now at this day comes the Plaintiff by his attorney and the said Defendant failing to appear or answer to Plaintiff's petition but makes default. It is considered by the Court that for want of an answer the said Plaintiff has sustained damage in the sum of one cent. It is therefore considered by the Court that the Plaintiff have and recover of the Plaintiff the aforesaid damage together with his costs laid 0ut and expended for which execution may issue.
p 332.
Samuel Fulbright, Sheriff of
Greene County Plaintiff
vs Civil Action
Henry McKinley and Greenberry
Robertson Defendants
Now at this day comes the Plaintiff by attorney and also the Defendants by attorney who having failed to answer the petition of Plaintiff and the demand being founded on an instrument of writing and the amount being ascertained. Thereby the Court do find that the Defendant is indebted to the Plaintiff in the sum of $1200 debt and also damages by reason of the detention thereof in the sum of $84.25. 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 laid out and expended for which execution may issue.
Perry E. Hankins Plaintiff
vs Civil Action
Thomas D. Childers Defendant
Now at this day comes the Plaintiff by his attorney and also the Defendant and acknowledged to the Court here setting by his statement as the Law directs that he is justly indebted to the Plaintiff in the sum of $346.14 debt and also the sum of $2.02 damages by reason of the detention of the same. 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 the costs of this suit for all of which execution may issue.
p 333.
Charles F. Shaffer Plaintiff
vs Civil Action
Henry S. Chenoweth Defendant
Now at this day comes the Plaintiff by his attorney and also the Defendant by attorney who acknowledges to the Court here sitting that he owes and is justly indebted to the Defendant in the sum of $169. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the sum of $169 as his debt and also his costs laid out and expended for all of which execution may issue.
p 334. Saturday Morning September 22, 1855
State of Missouri Plaintiff
vs Gaming
Elias Friend Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as also the Defendant who says he cannot deny but that he is guilty as he stands charged in the Indictment and puts himself on the mercy of the Court. It is ordered by the Court that the Defendant be fined $10 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of the said Defendant the sum of $10 her fine and her costs for which execution may issue.
124
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 334.
State of Missouri Plaintiff
vs Gaming
Elias Friend Defendant (2nd Indict.)
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as also the Defendant who says he cannot deny but he is guilty as he stands charged in the Indictment and puts himself on the mercy of the Court. It is ordered by the Court that the Defendant be fined $10 for the commission of the offense. It istherefore considered by the Court that the State of Missouri have and recover of the said Defendant the sum of $10 her fine and her costs for which execution may issue.
p 335/336
Change of Venue Action To Laclede County:
M. Conrad vs William C. Price
Reston Carter vs William C. Price
Goff and Patterson vs William C. Price
W.A. Everly vs William C. Price
Sowers and Bolden vs William C. Price
Mathis and Hollowell vs William C. Price
Caleb Creason vs William C. Price
Heskill and Hoskin vs William C. Price
Lindel and Woodward vsWilliam C. Price
Thomas Evans vs William C. Price
Wood and Oliver vs William C. Price.
p 337.
William D. Fulbright Plaintiff
vs Attachment
William M. Weaver Defendant
Now at this day comes in to Court here the Plaintiff and the bond in the above cause having been submitted to the Court and the Court having examined the penalty of the bond and the securities thereto, the Court does hereby approve of the suffering of the said bond and it is hereby ordered that a writ of attachment issue in the above cause.
p 338.
George Netter(or Tiller or Little), John Hayter and William Armstrong having been guilty of disorder contemptuously insolemnly and wilfully behaving themselves during the session of said in its immediate view and hearing tending to interrupt the proceedings and imperning the respect due to the authority of said Court by willfully contemptuously blowing horns and beating drums making thereby a loud noise so as to interrupt the
proceeding of said Court while in session in the town of Springfield, it is ordered that a writ issue directed to the Sheriff of Greene County demanding him to bring the bodies of said George Netter (?), John Hayton and William Armstrong forthwith before the Judge of our said Court now sitting in said town of Springfield then and there to show cause if any they have why they should not be fined and imprisoned for contempt of this Court.
State of Missouri Plaintiff
vs Contempt of Court
John Hayter and William Armstrong Defendants
Now at this time comes the Circuit attorney as also the Defendants in their own proper person and they having shown to the Court that they did not intend to show any contempt toward this Court not knowing that it was in session and not having heard the pleasure of
(Continued)
125
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 338 (continued)
the Court through the Sheriff when first made known to the carriage driver. It is therefore considered by the Court that the Defendants be discharged of said contempt and go hence without day.
State of Missouri Plaintiff
vs Contempt
George Netter Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri as also the Defendant in the custody of the Sheriff and appears by attorney and the Court proceeded to hear the evidence and after hearing all the evidence on the part of Plaintiff and the Defendant it is considered that the Defendant had been guilty of contempt of this Court. It is therefore ordered by the Court that the Defendant be fined in the sum of $25 for said contempt and remain in custody of the Sheriff until said fine together with all costs are paid.
p 339.
E.M. Campbell Plaintiff
vs Civil Action
L. Hendrick and R. Hendrick Defendants
Now at this day comes the Plaintiff by attorney and filed his petition and also the Defendant appears by his attorney and files his answer and does not deny the facts stated in Plaintiff's petition but admits the same to be true and the demand being founded on an instrument of writing and the amount ascertained thereby. The same was submitted by the Court and the Court doth find that the Defendant is justly indebted to the Plaintiff in the sum of $326.40 debt and the sum of $18.57 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the aforesaid debt and damages together with his costs laid out and expended for which execution may issue.
Bloomfield Logan
vs
John N. Campbell et al
On of Plaintiff William C. Price is appointed guardian ad litem of the infant Defendants James Danforth and Josiah G. Danforth to defend this suit.
p 339/340.
Bloomfield Logan Plaintiff
vs Civil Action
John N. Campbell and wife Et al Defendants
Now at this day the said Defendants John N. Campbell and wife by their attorney William C. Price and William C. Price guardian ad litem of James Danforth and Isaiah G. Danforth come and file their answers to Plaintiffs petition. And this cause coming on by consent of said Defendants to be heard. And the said James Danforth failing to answer and it appearing to the satisfaction of the Court that the answers of said Defendants does not deny the facts set forth in Plaintiff petition and from the evidence introduced by said Plaintiff the Court does order, adjudge and decree that the Deed in Plaintiff's petition mentioned from Jonathan Winn to Joseph F. Danforth for land therein mentioned, to wit: the SW 1/4 of Sect 14 TWP 25 Range 29, the NE 1/4 of Sect 14 TWP 25 Range 30 the said land being situate in Greene County be set aside and held for naught and that the land and
real estate in Plaintiff's petition mentioned abide and reside in the Plaintiff his heirs and assigns forever. It is further ordered adjudged and decreed by the Court that said Plaintiff have and recover of and from said Defendants his costs by him in this suit laid out and expended in the prosecution of the same for which execution may issue.
126
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 339/340.
C.B. Owen Plaintiff
vs Civil Action
John McHenry Defendant
Now at this day comes the Plaintiff by his attorney and by leave of the Court dismisses this suit. It is therefore considered by the Court that the Plaintiff take nothing by his said suit and that the Defendant have and recover of and from the said Plaintiff his costs laid out and expended for which execution may issue.
John R. Roberts Plaintiff
vs Attachment
John McHenry Defendant
Now at this day comes on to be heard the moti0n filed in this cause to quash set aside and vacate the Judgment and proceeding in this cause. And it appearing by the parol evidence of the Deputy Clerk W.H. Graves that the bond and sufficiency of the penalty and security thereof was by him approved before the attachment was issued but the endorsement thereof was not made until several days thereafter and dated on the day the writ issued. And upon inspection of the proceedings in this case it is considered by the Court that the said motion be overruled.
William McAdams Plaintiff
vs Attachment
John McHenry Defendant
Now at this day comes on to be heard the motion filed in this cause to quash set aside and vacate the Judgment and proceeding in this cause. And it appearing by the parol evidence of the Deputy Clerk W.H. Graves that the bond and sufficiency of the penalty and security thereof was by him approved before the attachment was issued . Upon inspection of the proceedings in this case it is considered by the Court that the said motion be sustained and Defendant go hence without day and recover his costs for which execution may issue.
McElhaney and Jaggard Plaintiffs
vs Attachment
John McHenry Defendant
Now at this day comes on to be heard the motion filed in this cause to quash set aside and vacate the Judgment and proceeding in this cause. And it appearing by the parol evidence of the Deputy Clerk W.H. Graves that the bond and sufficiency of the security thereof was by him approved before the attachment was issued. Upon inspection of the proceedings in this case it is considered by the Court that the said motion be sustained and that Defendant go hence without day and recover his costs for which execution may issue.
p 340/341.
William McAdams Plaintiff
vs Attachment
John McHenry Defendant
Now at this day comes the Plaintiff by his attorney and the said Defendant being thrice solemnly called comes not but makes default and it appearing to the satisfaction of the Court that the said Defendant had been duly served with process more than twenty days before the commencement of this Court, part of said demand being founded on four promissory notes purporting to be executed by said Defendant to said Plaintiff and the remain- der on an account and the said Defendant neither appearing pleading answering or demurring and said action remaining wholly undefended the same is taken as confessed and the
(continued)
127
GREENE COUNTY, MISSOURI, CIRCUIT -COURT CASES
Book D.
SEPTEMBER TERM 1855
p 340/341 continued
Court after examining the said notes do find that the said Defendant owes the said Plaintiff on said notes the sum of $227.90. 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 cost laid out and expended for all of which execution may issue.
p 341.
McElhaney and Jaggard Plaintiffs
vs Attachment
John McHenry Defendant
Now at this day comes the Plaintiff by his attorney and the said Defendant being thrice solemnly called comes not but makes default and it appearing to the satisfaction of the Court that the said Defendant had been duly served with process more than twenty days before the commencement of this Court, part of said demand being founded on two promissOry notes purporting to be executed by said Defendant to said Plaintiff and the remain-der on an account and the said Defendant neither appearing pleading answering or demurring and the said action remaining wholly undefended the same is taken as confessed and the Court after examining the said notes do find that the said Defendant owes the said Plaintiff on said notes the sum of $75.04. 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 cost laid out and expended for all of which execution may issue.
p 342.
Ordered by the Court that Samuel Fulbright Sheriff of Greene County pay to John S. Bigbee constable of Campbell Township the sum of $53.59 out of the proceeds of the sale of the property of John McHenry sold on an attachment order of this Court.
p 343/344 - Divorce Previously Published.
p 345.
John Yarborough and Martha Yarborough by their guardian
William H. Blakey Plaintiff
vs Civil Action
Moses Holloway and Nathan Baffle Defendants
Now at this day comes the Plaintiffs in this cause and files this petition verified by affidavit. The general object and notion of which is set forth that one Ambrose Yarborough their father (now deceased) on the 15th day of April 1852 purchased of Moses Holloway, one of Defendants, a military land warrant No. 12012 issued to said Holloway for eighty dated the 25th July 1851 with authority to locate and receive a Title therefor and that the name of Nathan Baffle had been by mistake or otherwise inserted in the transfer of said Warrant and erased before the sale to said deceased, that deceased on the 14th of June 1852 located said Warrant at the Land Office in Springfield that inconsequence of said insertion and erasure of the name of said Baffle the entry aforesaid has been by the Commissioner of the General Land Office of the United States suspended and will continue to stand insuspended until the rights of the parties are adjusted and declared by act of competent Jurisdiction. The Plaintiffs ask that the Title to said Warrant be decreed to them. And it appearing to the clerk in vacation that the said Defendants and non-residents of the State of Missouri. It is therefore ordered that publication be made in some weekly newspaper in the State of Missouri for eight successive
(continued)
128
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 345 continued.
weeks the last insertion to be at least four weeks before the next TERM of this Court notifying the said Moses Holloway and Nathan Baffle to be and appear before the Judge of our Circuit Court at the next term thereof to be holden at the Court House in the city of Springfield on the second Monday of March 1856 on the first day thereof and plead answer or demur to Plaintiffs petition or the same will be taken as confessed and a decree extended accordingly.
p 345/346.
JANUARY 30, 1856. IN THE GREENE CIRCUIT COURT IN VACATION
Joseph S. Moss and Wiley B. Roper Plaintiffs
vs Judgment by Confession
William B. Berry Defendant
This day was handed to the Clerk of the Greene Circuit Court by W.R. Berry Defendant in the above cause a statement made in writing by William B. Berry the Defendant authorizing a Judgment to be rendered against him in vacation in favor of said Joseph S. Moss and Wiley B. Roper for the sum of $93 being the balance due and payable by said Berry to said Moss and Roper on a bill of exchange paid off by Plaintiffs for Defendant and
-the Clerk of said Court in vacation having seen and fully understood the premises and said statement having been verified by affidavit of said Defendant and the said Clerk being satisfied that the said Defendant executed said statement in writing and made the affidavit thereto. It is ordered and adjudged by the said Clerk here in vacation that said Plaintiffs have and recover of and from the said Defendant the sum of $93 being the full amount of principle of the aforesaid bill of exchange now due as well as his costs herein expended for which execution may issue.
129
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