Springfield-Greene
County LibrarySeptember Term 1856
Book D.
(continued)
p 422.
Gravner Likins Plaintiff
vs Civil Action
William G. Roberts, John McElhannon,
S.R. Trusdell Defendants
Now at this day comes the Plaintiff by his attorney and the Defendants being thrice solemnly called come not but make default and it appearing to the Court that the Defendants had been duly served with process at least twenty days before the commencement of this Court and the demand being founded on an instrument of writing purporting to be signed by the said Defendants and the amount ascertained thereby. The Court doth find that the said Defendants are indebted to the said Plaintiff in the sum of $332.75 for his debt and also the sum of $29 for his 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 Defendants his said debt of $332.75 and also his damages of $29 together
with bis costs laid out an expended for all of which let execution issue.
p 423.
Now at this day comes the Grand Jury and returns in to Court the following true bills of Indictment - Viz-
Numbers one through thirty -
State of Missouri vs Benjamin G. Andrews -- Selling Liquor Without License.
The other Indictments-
St of Mo vs Ennis Dixon -- Gaming
St of Mo vs A.H. Payne -- Gaming
St of Mo vs John Stewart -- Gaming
St of Mo vs Eli Armstrong -- Gaming
St of Mo vs R.B. Coleman -- Gaming
St of Mo vs John A. Stephens -- Selling Liquor Without License
St of Mo vs James Jenkins -- Selling Liquor Without License
St of Mo vs James Jenkins -- Selling Liquor Without License
St of Mo vs William Webb -- Selling Liquor Without License
St of Mo vs William Webb -- Selling Liquor Without License
St of Mo vs Reuben Barrett. -- Selling Liquor Without License
Which were ordered on file and capiases to issue forthwith on the same and the Grand Jury having further business return to further consider of their presentments.
p 424.
William H. Otter Plaintiff
vs Civil Action
Jemima Shipp Defendant
Now at this day comes the parties by their attorneys and having announced as ready for trial thereupon came a Jury to wit: J.M. Bailey, William Gray, Benjamin Kite, F.M. Apperson, William Roberson, J.K. Gibson, A. Latimore, A. Hamblin, A.C. Rainey, W.B. Anderson, William Crumply, J.M. Presley, 12 good and lawful men who being duly elected tried and sworn to well and truly try the issue joined between the parties after hearing the evidence arguments of counsel and receiving the instructions of the Court, retire to consider of the verdict again came into Court and there n0t being sufficient time to agree on the verdict, the Jury is discharged until Monday morning.
p 424,425,426.
Jeremiah Wilson
vs Civil Action in Nature of Proceeding in Chancery
Charles T. Drumright and James Vaughan
(continued)
158
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1856
p 424,425,426 (cont)
Now at this day comes again the parties by their respective attorneys and this cause having been heretofore taken to the Supreme Court by appeal and a decision thereon made by the Supreme Court where a Judgment and decision thereon has been remitted to this Court and this cause now coming on further to be heard for the purpose of carrying into execution the determination of the Supreme Court and a final hearing and determination of this cause. And the facts of this cause from the pleadings exhibits and evidence in the cause and by the verdicts of the Jury as well as the July Term 1833 of this Court as at this term of the Court being ascertained to be that in the month of August 1849 said Jeremiah Wilson purchased of said Charles T. Drumright a land warrant for 160 acres of land for the sum of $125, $50 of which the said Wilson proved to pay in six weeks thereafter and the balance on the first day of March 1850 - that Plaintiff located said land warrant on the NW 1/4 of the SE 1/4, the NE 1/4 of the SW 1/4 and the W 1/2 of the SW 1/4 of Sect 36 TWP 27 Range 21. That afterwards and about the 18th of Feb 1850 in consideration of said sum of $125 so to be paid as aforesaid by Deed Absolute on its face conveyed to said Drumright the land aforesaid together with the SE 1/4 of said SW 1/4 . That said Charles T. Drumright on or about the 10th day of April 1850 for a sufficient and valuable consideration that is to say for the sum of $140 sold and conveyed in fee simple by Warrantee Deed a part of said land to wit: the NW 1/4 of the SE 1/4 and the E 1/2 of the SW 1/4 of said Sect 36 to said James Vaughan and that said Vaughan had no notion or knowledge that said Jeremiah Wilson any right claim or lien or otherwise upon the land he so purchased nor had he any notice or knowledge that said conveyance by Wilson to said Drumright was intended as a mortgage or operated as a mortgage and the Jury upon issues made at the July Term of this Court 1853 having found that said Vaughan had no knowledge before he purchased the land but that the right of Drumright was bonafide and without any condition whatever and the Supreme Court having determined in its decision in this Court that said Vaughan is a purchaser for value without notice whereby it appears that said Wilson had no course of action against said James Vaughan. It is therefore considered by the Court that the cause be dismissed
as to the said James Vaughan and that he have and recover of said Plaintiff his costs and damages in this behalf laid out and expended and that execution issue therefor and the Supreme Court in its decision hereof determined that said conveyance from said Wilson to said Drumright was a security for money and in Law a Mortgage and that said Drumright must account for the value of the land sale and reconveyed the residence to the Plaintiff upon the payment of what shall be found to be due upon the account between the parties. And it being acclaimed by the pleadings that the quantity of said land so sold to said James Vaughan was 120 acres and the Jury upon the issue made found that said land at the time it was so sold was worth $1.25 per acre making $150. And the Court also found from the evidence that said Wilson at the time of said sale to said Vaughan still owed said Drumright the sum of $107 being $43 less than the amount of the value of said land which sum of $43 with interest up to this time amounts to the sum of $59 and which said Charles T. Drumright ought to pay over to said Jeremiah Wilson and it is ordered adjudged and decreed by the Court that Plaintiff have and recover against said Charles T. Drumright the said sum of $59 and that execution issue therefore. But it having been found by the Jury upon the second issue directed at this term of the Court that before the commencement offered to settle with Plaintiff and to recovery to him 80 acres the remainder of said land and the Court also find from the evidence that said Jeremiah Wilson refused to answer thereto but insisted upon a recovery of the entire tract and this Court being of opinion from the evidence that said Wilson _____ interest unto this suit and that said Drumright was ready and willing and offered to do all he was bound to do before the institution of this Suit. It is therefore adjudged and decreed that said Plaintiff pay the costs and that said Charles T. Drumright have and recover of said Jeremiah Wilson his costs and charges in this behalf, laid 0ut and expended and that execution issue therefor, and it is further
(continued)
159
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1856
p 424/425/426 (cont)
ordered adjudged and decreed that all the right title and interest and claim of said Charles T. Drumright in the residence of said land not so sold the said James Vaughan viz the W 1/2 SW 1/4 Sect 36 TWP 27 Range 21 be fully and completely be revested in the said Jeremiah Wilson and that Charles T. Drumright be entirely divested of all the right title in said 80 acres which he acquired by reason of said convey and from said Jeremiah Wilson.
p 427 thru 437 Andrews Causes.
William C. Otter Plaintiff
vs Civil Action
Jemima Shipp Defendant
Now at this day again came the Jury impannelled in this cause and they being unable to agree upon a verdict and by consent of counsel by the Court discharged from the further consideration of this cause.
State of Missouri Plaintiff (No. 1)
vs Selling Liquor Without License
Benjamin G. Andrews Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and also the Defendant B.G. Andrews, Gabriel P. Shackleford and James P. McBride who acknowledge themselves to stand justly indebted unto the State of Missouri in the sum of $50 to be bond of their respective goods, chattles lands and tenements to be void upon condition that the said Benjamin G. Andrews shall make his personal appearance before the Judge of the Greene Circuit Court on the first day thereof which commences on the first Monday in March 1857 then and there to answer to a Bill of Indictment preferred against him by the Grand Jury of Greene County and not depart said Court without leave. Indictment Numbers 2, 3, 4, 5, 6 and 7 all same Plaintiff and Benjamin G. Andrews _
and same charges and text as above.
State of Missouri Plaintiff (No. 8)
vs Selling Liquor Without License
Benjamin G. Andrews Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and also the Defendant B.G. Andrews, Gabriel P. Shackleford and James P. McBride who acknowledge themselves to stand justly indebted unto the State of Missouri in the sum of $50 to be bond of their respective goods, chattles lands and tenements to be void upon condition that the said Benjamin G. Andrews shall make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day thereof which commences on the first Monday in March 1857 then and there to answer to a bill of Indictment preferred against him bv the Grand Jury of Greene County and not depart said Court without leave.
Indictment numbers 9 through 30 are same as (no. 8) above.
State of Missouri Plaintiff
vs Selling Liquor Without License
John A. Stephens Defendant
Now at this day comes the Circuit attorney who prosecutes for the State of Missouri and also the Defendant John A. Stephens, P.H. Edwards and L. Hendrick who acknowledge themselves to owe and stand indebted unto the State of Missouri in the sum of $100 to be bond
(continued)
160
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1856
of their respective goods, chattles lands and tenements to be void upon condition that the said John A. Stephens shall make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day thereof which commences on the first Monday in March 1857 then there to answer to a bill of Indictment preferred against him by the Grand Jury of Greene County and not depart said Court without leave.
p 437.
State of Missouri Plaintiff
vs Gaming
R.B. Coleman Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri and also the Defendant R.B. Coleman and C.B. Owen who acknowledged themselves to owe and stand indebted unto the State of Missouri in the sum of $50 to be levied of their respective goods chattles lands and tenements to be void upon condition that the said R.B. Coleman shall make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day thereof which commences on the first Monday in March 1857 then and there to answer to a bill of Indictment preferred against him by the Grand Jury of Greene County and n0t depart said Court without leave,
p 438.
State of Missouri Plaintiff
vs Gaming
Eli Armstrong Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri and also the Defendant Eli Armstrong and R.B. Coleman who acknowledged themselves to owe and stand indebted unto the State of Missouri in the sum of $50 to be levied of their respective goods chattles lands and tenements to be void upon condition that the said Eli Arm strong shall make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day thereof which commences on the first Monday in March 1857 then and there to answer to a bill of Indictment preferred against him by the Grand Jury of Greene County and not depart said Court without leave.
State of Missouri Plaintiff
vs Gaming
A.H. Payne Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri as also the Defendant who for a plea says he cannot deny but he is guilty as charged in the Indictment and puts himself upon the mercy of the Court. It is therefore ordered by the Court that the said Defendant be fined the sum of $10 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 her said fine and also her costs laid out and expended for all of which let execution issue containing a capias clause.
p 439.
State of Missouri Plaintiff
vs Selling Liquor Without License
William Webb Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State and also the Defendant William Webb and Abraham Woody who acknowledge that they owe and stand indebted unto the State of Missouri in the sum of $50 to be bond of their respective goods and chattles lands and tenements and be void upon condition that the said
(cont)
161
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1856
p 439 (cont)
William Webb shall make his personal appearance before the Judge in the Greene Circuit Court at a court to be holden at the Court House in the tOwn of Springfield on the first Monday in March 1857 on the first day thereof to answer a Bill of Indictment preferred by the Grand Jury of said County for selling Liquor Without License and not depart said Court without leave.
p. 440
State of Missouri Plaintiff
vs Selling Liquor Without License
William Webb Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State and also the Defendant William Webb and Abraham Woody who acknowledge that they owe and stand Indebted unto the State of Missouri in the sum of $50 to be bond of their respective goods and chattles lands and tenements and be void upon condition that the said William Webb shall make his personal appearance before the Judge in the Greene Circuit Court at a Court to be holden at the Court House in the t0wn of Springfield on the first Monday in March 1857 on the first day thereof to answer a Bill of Indictment preferred by the Grand Jury of said County for selling Liquor Without License and not depart said Court without leave.
Hardy Kelley Plaintiff
vs Civil Action
William Barnard, Calvin D. Bray,
William D. Coleman and Mark Bray Defendants
Now at this day comes the parties by their attorneys and having announced themselves ready for trial thereupon comes a Jury, viz: James Potter, A. Ingram, John Bedford, R.B. Weaver, Brock Williams, F.T. Frazier, Isaac Hendrick, C.M. Murphy, R. Ragsdale, G.W. Sloan, W.L. Mack and Howard Boone, twelve good and lawful men who were duly elected, tried and sworn to well and truly try the issue joined between the parties. Having heard a portion of the evidence and there not being time to finish the same are by the Court permitted to disperse under the charge of the Court until tomorrow 8 o'clock.
p 441.
Anderson Johnson
vs Civil Action
John M. Henry
Now at this day comes the Plaintiff and the Defendant being thrice solemnly called comes not but made default and it appearing to the satisfaction of the Court that the said Defendant John M. Henry was duly served a process according to Law, it is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the sum of $159.53 for his debt as set forth in Plaintiffs amended petition and the said cause of action of said Plaintiff being founded on a Bill of Items for work and labor done and materials furnished and the Plaintiff not requiring a Jury do find that A. Johnson Plaintiff did do work and labor and furnish materials as a carpenter on a building situated in the City of Springfield and known as Lots No 43 & 44 in Block No 14 in the 2nd tier of lots in the City of Springfield and the Court do further find that the material furnished and the labor done was of the value of $159.53. It is therefore considered by the Court that the said Plaintiff have and recover from said Defendant the sum of $159.53 for his debt together with his costs laid out and expended and that the said building situate on Lots 43 & 44 in Block 14 Second Tier of Lots in the City of Springfield Greene County Missouri be sold to satisfy said Judgment together with not more than 500 feet of ground around said building and that execution issue therefor.
162
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1856
p 442. Tuesday September 9, 1856.
Now at this day comes the Grand Jury empannelled the first day of this Court and return the following as true bills of Indictment, viz:
#1 State of Missouri vs Payton Nowlin Permitting Liquor to be sold by Slave
#2
#3
#4
#5
#6 (Same PTF and DFD thru #13)
#7
#8
#9
#10
#11
#12 (all same crime)
State of Missouri vs Henry McKinley Betting on Election
State of Missouri vs Jeptha Mason Holding Stakes
State of Missouri vs Henry McKinley Betting on Election
State of Missouri vs Houston Cates Betting on Election
State of Missouri vs Samuel Gardner Selling Liquor Without License
State of Missouri vs Rebecca Basinett Selling Liquor without License
Which were ordered on file and capiases to issue on the same and the Circuit Attorney having no further business for the Grand Jury ordered by the Court that the Grand Jury be discharged.
Peter C. King
to Deed
D.D. Berry
Now at this day comes Peter C. King who is known to the Court as the Sheriff of Greene County and the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to D.D. Berry for the following described land, viz: the S 1/2 of Sect 14 W 1/2 of SW 1/4 of Sect 13 W 1/2 of NW 1/4 of sect 24 E 1/2 of the NW 1/4 of Sect 25 W 1/2 of SW 1/4 of Sect 24 all in the Township 30 Range 24 W containing 640 acres and the said Peter C. King Sheriff as aforesaid acknowledges that he executed and delivered the same for the uses and purposes therein contained.
p 443.
Benjamin W. Cannefax Plaintiff
vs Civil Action
Lewis A.D. Crenshaw Defendant
Now at this day comes the Plaintiff by his attorney and the Defendant being also present says nothing and the demand being founded on two promissory notes purporting to be signed by the Defendant and the amount ascertained thereby. The Court doth find that the said Defendant is indebted to the said Plaintiff in the sum of $378.72 for his debt and also the sum of $20.18 as his damages for the detention of the same. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and also his costs in this behalf laid out and expended for which let execution issue.
Austin Mills Plaintiff
vs Civil Action
George D. Blakey Defendant
Now at this day comes the parties by their attorneys and having announced themselves
(Continued)
163
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.SEPTEMBER TERM 1856
p 443 (cont)
ready for trial therefore came a Jury, to wit: William Abernathy, William L. Herrington, Edward Moore, William Robinson, J.H. Fagg, A. Johnson, J.A. Miller, W. Blackman, John Bedford, F.J. Hodge, J.W. Thompson and James Dejin twelve good and lawful men who being duly elected tried and sworn to well and truly try the issue joined by the parties after having heard the evidence, arguments of Counsel of the verdict and again return into Court the following verdict "We the Jury find the issues for the Defendant. J.A. Miller, foreman." It is therefore considered by the Court that the Plaintiff take nothing by his said suit and that the Defendant be discharged hereof and go hence without day and that the said Defendant have and recover of and from the said Plaintiff his costs laid out and expended for all of which let execution issue.
p 443, 444.
Hardy Kelley Plaintiff
vs Civil Action
William Barnard, et al Defendants
Now at this day came again the Jury empannelled in this cause and by leave of the Court the Plaintiff by his attorney comes and says he will take a non-suit aside. It is therefore considered by the Court that the said Plaintiff take nothing by his said Suit and that the Defendant be discharged hereof and go hence without day and that the said Defendants have and recover of and from the Plaintiff the costs laid out and expended for all of which let execution issue.
p 444.
Thomas Riddles Plaintiff
vs Civil action
John H. Akin Defendant
Now at this day comes the Plaintiff by attorney and by leave of the Court files his amended petition and by motion on said Petition the following persons are made parties in said cause, viz - Nancy Julia Hayes intermarried with Isaac Hays, Andrew L. Smith, Thomas L. Akin, George W. Akin, Peter Smith, John Smith, John Akin, William Akin. Nancy Jordan intermarried with John Jordan, ______ Akin, Mary C. Carter intermarried with Wilson Carter, Artinnsia Akin, James Akin and unknown heirs of James R. Akin deceased, (note at side "should be Thos. L. Akin). And it is ordered that a writ issue against said Nancy Julia Hays and said Isaac Hays, Anderson A. Smith and Thomas L. Smith returnable to the next term of this Court. And it appearing to the satisfaction of the Court that the said Mary F. Smith, Peter Akin, George W. Akin, Peter Smith, John Smith, John Akin and the unknown heirs of James P. Akin deceased are non-residents of this State. It is ordered that publication be made for eight succesive weeks in the weekly SPRINGFIELD ADVERTISER, a weekly newspaper printed in this State, the last insertion to be at least four weeks before the commencement of the next Term of this Court which commences on the first Monday in March, next, notifying them of the filing of this Petit ion and that they be and appear at the Court House in the City of Springfield on the first day of said Court and answer said Petition or the said will be taken as confessed by them and a decree issued accordingly.
p 445. Wednesday September 10th 1856.
Louisa T. Campbell Plaintiff
vs Civil Action
Samuel M. Sproule Defendant
Now at this day comes the parties and having announced themselves ready for trial therefore came a Jury, viz- William Rose. James Rowan, R.C. Deeds, H. Boone, J. Dixon, F.M. Apperson, T.C. Blakey, M.H. Mack, W.B. Anderson, G.W. Mitchell, W.J. Dodson and
(continued)
164
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1856
p 445 (cont)
B.F. Miller, twelve good and lawful men who being duly elected, tried and sworn to well and truly try the issue joined and proceeded to hear a part of the testimony when the Plaintiff comes and says he will take a non-Suit with leave to move to set the same aside. It is therefore considered by the Court that the Plaintiff take nothing by his said suit and that the said Defendant have and recover of and from the Plaintiff his costs laid out and expended for all of which let execution issue.
p 446 - nil.
p 447.
Thomas W. Norris Plaintiff
vs Civil Action
John S. Bigbee Defendant
Now at this day comes the parties by their attorneys and having announced themselves ready for trial thereupon came a Jury, viz - J.W. Thompson, R.J. Ragsdale, Berry Moore, L.B. Lewis, G.W. Mitchell, Thomas Overstreet, F.M. Apperson, N.M. Corkle, Adam Weaver, F. Weaver, James Rowan, F.E. Watterson, twelve good and lawful men who being duly elected, tried and sworn to well and truly try the issues joined between the parties having heard a portion of the evidence and there being not sufficient time to conclude the trial the Jury were permitted to disperse under the charge of the Court until tomorrow morning 8 o'clock.
William D. Fulbright Plaintiff
vs In the Greene Circuit Court Sept 1856
William M. Weaver Defendant
Now at this day comes the Plaintiff by attorney and said William M. Weaver being thrice solemnly called comes not although the said Defendant was duly notified by publication in the SPRINGFIELD ADVERTISER, a paper published in the City of Springfield, State of Missouri, for four weeks successively the last insertion being eight weeks before the first day of the Term and the said Plaintiff not requiring a Jury, the Court sitting as a Jury do find that the said William D. Fulbright paid to Washington B. Anderson the first day of March A.D. 1853 as security on a note for said Defendant $593.87 and that the said Plaintiff paid to John R. Roberts assignee of Hollett Hollingsworth $245 as security of said Defendant on the first day of October A.D. 1855. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant as well the sum of $593.87 paid to Wash. B. Anderson to bear 10% interest at the rate of 10% per annum, from the first of October 1853 as the sum of $245 paid to John R. Roberts assignee of H. Hollingsworth on the first day of October 1855 together with his costs in this behalf laid out and expended. And that all the right title and interest of said Defendant in the following real estate, viz being the one tenth thereof NE 1/4 of the SW 1/4 of Sect 23 of Township 29 of Range 22 and 64 acres in the E 1/2 of the NW 1/4 of Section 23 Township 29 Range 22 containing 104 acres. Also one Negro man named Wash and one man named Oscar, one named Jake and one Negro woman named Maria, one named Dinah, one named Sophy, one named Rody, one little girl named Zilla, also two horses and four mules, twenty head of stock cattle, it being all the property in possession of Ruth Fulbright, which was of the estate of William Fulbright, deceased, and that a special ficie facias issue.
p 448.
State of Missouri Plaintiff
vs Permitting Slave to Sell Liquor
Peyton Nowlin Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and also the
(continued)
165
GREENE COUNTY MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1856
p 448 (cont)
Defendant Peyton Nowlin and Samuel Fulbright who acknowledge themselves to owe unto the State of Missouri the sum of $50 to be bond of goods and chattles lands and tenements to be void on condition that the said Peyton Nowlin shall make his personal appearance before the Judge of the Greene Circuit Court at a Court to be holden at the Court House in the city of Springfield on the first Monday in March 1857 on the first day thereof to answer a bill of Indictment preferred against him by the Grand Jury of said County for permitting a slave to sell spiritous liquor and not depart said Court without leave.
Pages 448/ 449/ 450/451 are same entries as #1 (last item) because of several Indictments of same charge.
p 451. Thursday September 11, 1856.
G.W. Kelley
to Deed
Elijah Perkins
Now at this day comes George W. Kelley who is known to the Court as the former Sheriff of Greene County and ask that the Court grant him leave to correct a Sheriff's Deed (Made by him to Elijah Perkins) 50 as to read "Beginning at the SW corner of the SE 1/4"and all and singular the premises being seen and by the Court understood said Correction is ordered to be made.
p 452.
Jesse Mason Plaintiff
vs Civil Action
George W. Swan Defendant
Now at this day comes the Plaintiff by his attorney and says he will take a non-suit in this cause. 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 all of which let execution issue.
p 453. - nil
p 454. Friday September 12, 1856.
William Folden Plaintiff
vs Civil Action
William Hendrick Defendant
Now at this day conies the parties by their respective attorneys and having announced themselves ready for trial thereon comes a Jury, to wit: Andrew Owens, Thomas Simmons, James Vaughan, William M. Abernathy, L.G. Newbill, J.R. Weaver, Jos. Burden, E.P. Gott, R.B. Coleman, C.B. Owen, T.J. Anderson and Thomas Wilkerson, twelve good and lawful men who being duly elected, tried and sworn to well and truly try the issue joined between the parties. Having heard the evidence, argument of Counsel and received the instructions of the Court, retire to consider of the verdict and again enter into Court the following verdict, viz - "We the Jury find for the Plaintiff twenty two dollars, being twelve dollars for the watch and ten dollars damage. Joseph Burden, foreman." It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of twenty two dollars and also his costs laid out and expended for all of which let execution issue and the said Plaintiff by attorney comes into Court and remits the ten dollars damages assessed by the Jury in this cause.
166
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1856
p 454.
Thomas W. Norris Plaintiff
vs Civil Action
John S. Bigbee Defendant
Now at this day came the Jury in the cause and return the following verdict, viz "We the Jury find for the Plaintiff and assess the damages at $125. G.W. Mitchell, foreman." It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $125 his damage and also his costs laid out and expended for all of which let execution issue.
Samuel Fulbright Plaintiff
vs Civil Action
J.S. Vinton 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 suit and the Defendant have and recover his costs laid out and expended for which let execution issue.
p 455.
F.T. Frazier Plaintiff
vs Civil Action by Appeal J.P.
James Smith Defendant
Now at this day comes the parties in this cause and having announced themselves ready for trial thereupon came a Jury, viz - John W. Hancock, J.T. Campbell, W.A. Pace, H.H. Neaves, Jesse Brashears, N.M. Gillespie, six good and lawful men who being duly elected tried and sworn to well and truly try the issue joined between the parties having heard the evidence and argument of the Counsel retire to consider of their verdict, and again return into Court and render the following verdict, viz "We the Jury find for the Plaintiff five dollars. J.W. Hancock, foreman." It is therefore considered by the Court that the said Plaintiff have and recover of and from the Defendant the said sum of five dollars as also his costs laid out and expended for all of which let execution issue.
p 456. Saturday September 13th 1856.
Charles Norris Plaintiff
vs
John S. Bigbee Defendant
Now at this day comes the parties by attorney and suggests the death of the Plaintiff since the commencement of this suit and ask that _____ Norris, administrator, be substituted in place of Plaintiff which is by the Court ordered to be done.
p 457. nil
p 458.
James Eastman and John Lair
vs Civil Action by Attachment
John B. and Charles Wilkerson
Now at this day comes the Plaintiff by his attorney and it is ordered that ______ Bershears, garnisher in this cause, deliver to the Sheriff of Greene County a yoke of oxen and a rifle gun in his possession and the said Sheriff is hereby ordered to advertise and sell the same according to the law and retain the proceeds of said sale
in his hands until further orders of this Court.
167
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1856
p 458.
Nicholas R. Smith Plaintiff
vs Judgment to Forclose Mortgage
Littleberry Hendrick Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendant had been duly served with process and the petition of Plaintiff remaining unanswered and wholly undefended and the demand being founded on an instrument of writing signed by the Defendant the Court doth find that the Defendant is indebted to the Plaintiff in the sum of one hundred dollars, his debt and nine dollars his damage for the detention of the same, as also his costs laid out and expended for which let execution issue. It is further ordered by the Court that the Deed of Mortgage mentioned in Plaintiff's Petition be forclosed together with the Equity of Redemption and that the Sheriff of Greene County give legal notice and sell the real estate mentioned in said petition, to wit: the W 1/2 of Lots No two and three NE fract. 1/4 Section 3 TWP 29 Range 22 to the highest bidder for cash at the Court House door in the city of Springfield during the sitting of the next term of this Court and that the proceeds of said sale be paid to said Plaintiff in discharge of the Judgment in this cause and if said real estate shall not be sufficient to disharge said Judgment and costs of this suit the-Sheriff is ordered to levy the same on the goods and chattles and real estate of said Defendant and sell the same according to law.
p 458/460.
John Lair Plaintiff
vs Petition for Decree of Title
Louisa T. Campbell, widow of
John P. Campbell & John Campbell
& others heirs of J.P. Campbell Defendants
Now at this day this cause comes on to be heard on petition and testimony and it appearing to the satisfaction of the Court that the following defendants, viz: James Campbell, Thomas Campbell, Samuel Campbell, William Campbell and Louisa M.King are heirs at law of said John P. Campbell, deceased, and are under the age of 21 years and on motion the Court appointed Patrick H. Edwards guardian adlitem of said minors and it further appearing by the Sheriff's return to the summons that the said Louisa T. Campbell, John Campbell, Leonidas Campbell, Jabez Owen and Sarah R. his wife, have been duly required to appear and answer to the Plaintiff's petition and have failed so to do though each of them have been thrice solemnly called at the Court House Door. And the said minors by their guardian aforesaid who is present in Court though called upon makes no answer to Plaintiff's petition. The Court doth further find from the testimony offered by Plaintiff that John P. Campbell and Louisa T. Campbell his wife by written power of attorney under their hands and seals duly acknowledged and recorded and dated September 29th 184S appointed and cons____ William C. Price their attorney in fact and authorized and empowered said Price as attorney as aforesaid to sell and convey by deed with relinquishment of dower any of the Real Estate of the said John P. and Louisa T. Campbell lying in the State of
Missouri and to make, execute and acknowledge and deliver to the purchaser of such Real Estate a deed with relinquishment of dower of said Louisa T. Campbell and the Court finds that by virtue of said Power of Attorney the said William C. Price as attorney in fact as aforesaid sold to Wilson Hackney the following described tract of land lying in the County of Greene and State of Missouri to wit: the NW 1/4 of the SE 1/4 of Sect. 24 TWP 29 Range 21 containing 40 acres and that afterwards to wit in the summer of the year 1850 Plaintiff Lair purchased of said Hackney said tract of land
(continued)
168
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D
SEPTEMBER TERM 1856
p 458/459 cont
and that said Price attorney in fact as aforesaid not having made a Deed to said Hackney by his (Hackney's) direction made executed and delivered to said Lair a Deed to said tract of land which by Plaintiff has been accidently lost, whereby Plaintiff has no evidence of title to the above described tract of land though he is and has been in possession of the same since his purchase as alledged in his petition. And it further appears to the Court that the said John P. Campbell has departed this life leaving the aforesaid heirs at law. It is therefore considered by the Court that the said John Lair is possessed of an estate in fee in and to the above described tract
of land and all the appurtenances thereto belonging and that he is entitled to possess and enjoy lease alumate or bequeath the same at will as against the said John P. Campbell and his heirs or any person or persons claiming by through or under him or there by virtue of any claim subsequent to the above sale.
R.P. Faulkner Plaintiff
vs Civil Action by Attachment
L.B. Lewis Defendant
Now at this day comes the Plaintiff and the Defendant having failed to answer plead or demur within the time prescribed for pleading. It is considered by the Court that the Defendant have Judgment by Default for want of answer. It is further ordered by the Court that an inquiry of damages be awarded in this cause.
p 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473
#1 State of Missouri Plaintiff
vs Selling Liquor Without License
B.C. Andrews Defendant
Now at this day comes the Defendant by his attorney and by leave of the Court files his Petition verified by affidavit praying a change of Venue in this cause to some other Judicial Circuit because the Judge of this Court is so prejudiced against him that he cannot have a fair trial whereupon a Change of Venue is awarded to the Polk
County Circuit Court in the 7th Judicial Circuit of this State.
#1 State of Missouri Plaintiff
vs Selling Liquor Without License
B.C. Andrews Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri as also the Defendant B.G. Andrews, Gabriel P. Shackleford and Jos. H. McBride who acknowledged themselves to owe and stand indebted unto the State of Missouri in the sum of $50 to be levied of their goods and chattles lands and tenements to be void oncondition that the said Benjamin G. Andrews shall make his personal appearance before the Judge of the Polk Circuit Court at a Court to be holden in the town of Bolivar on the first Monday after the fourth Monday in September 1856, on the first day thereof to answer to a Bill of Indictnient proferred against him by the Grand Jury of Greene County for selling liquors without license and not depart said Court without leave.
Numbers 2, 3, 4, 5, 6, 7, 8 thru 20 are duplicates of first #1 above one for each Indictment.
Numbers 2, 3, 4, 5, 6, 7, 8,thru 20 are duplicates of second group of duplicate #s due to having one for each Indictment.
William Folden Plaintiff
vs Appeal J.P.
William Hendrick Defendant
Now at this day comes the Defendant and by leave of the Court files his affidavit
(continued)
169
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1856
p 473(continued.)
asking an appeal and the said William Hendrick and L.B. Hall acknowledged themselves to stand indebted to William Folden in the sum of $200 to be void on condition that the said William Hendrick who has this day taken an appeal to the Supreme Court of the State of Missouri from a Judgment rendered in the Greene Circuit Court against him in favor of William Folden shall present his said appeal without delay abide by and perform such Judgment as the Superior Court shall make together with all costs that may be adjudged against him by said Court. Whereupon the Court doth grant the said Hendrick an appeal in this cause to the Supreme Court.
FINISH BOOK D.
Book D. JR.
Pages 1 through 50 are indexing.
170
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