Springfield-Greene
County LibrarySeptember Term 1858
Book D JR
p 232.
David Coble Plaintiff
vs Civil Action
Samuel McDaniel Defendant
Now at this day again comes the parties and Jury and by leave of the Court the Plaintiff files an amended petition in this cause changing the issue in this cause and the said Defendant claiming further time to plead it is ordered that the Jury be discharged and that the Defendant have leave to plead by next term of this Court and that the Plaintiff pay all costs incurred the present time of this Court and that execution issue therefor.
Smith and Vernon Plaintiffs
vs Civil Action
Isaac and George L. Mitchell Defendants
Now at this day comes the Plaintiffs by their attorney and by leave of the Court dismisses this case as to Isaac Mitchell.
Smith and Vernon Plaintiff
vs Civil Action
George L. Mitchell Defendant
Now at this day comes the Plaintiffs by their attorney and the said Defendant having been duly served with process and neither pleading answering nor demurring to Plaintiff's petition and the same being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby. The Court doth find that the said Defendant is indebted to the Plaintiff in the sum of $287.12 for Debt and Damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendants the said sum of $287.12 for his debt and damages and also his costs in this behalf laid out and expended and that he have execution therefor.
p 233.
Smith and Vernon Plaintiffs
vs Civil Action
A.C. McGinty & Jos. D. Haden Defendants
Now at this day comes the Plaintiffs by their attorney and the said Defendants being three times solemnly called come not and being duly served with Process and the Plaintiff's petition being neither plead to answered nor demurred to and being founded on an instrument of writing signed by Defendants and the amount ascertained thereby, the Court doth find by examination of the same that the Defendants are indebted to said Plaintiff in the sum of $833.08. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendants the said sum of $833.08 for their debt and damages and also costs of suit and that he have execution therefor.
Calhoun Sterling, etc Plaintiff
vs Civil Action
Joseph D. Haden and A.C. McGinty Defendants
Now at this day comes the Plaintiffs by their attorney and the said Defendants being three times solemnly called come not and being duly served with Process and the Plaintiff's petition being neither plead to answered nor demurred to and being founded on an instrument of writing signed by Defendants and the amount ascertained thereby, the Court doth find that the Defendants are indebted to the said Plaintiffs in the sum of $505.65 debt and damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the sum of $505.65 for his debt and damages and also costs in this behalf laid out and expended and that he have execution therefor.
57
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
SEPTEMBER TERM 1858
p 234
Hardin Kimbrough etc Plaintiff
vs Civil Action
A.C. McGinty & Joseph D. Haden Defendants
Now at this day comes the Plaintiff by attorney and by leave of the Court dismisses this cause. It is therefore considered by the Court that the Defendant have and recover of and from the Plaintiff his costs laid out and expended and that he have execution there for.
N.R. Smith Plaintiff
vs Civil Action
Greene County Defendant
Now at this day comes the party by Attorney and the death of N.R. Smith the Plaintiff is suggested and Harriet Smith and D.C. Smith administrators of deceased are substituted by consent as parties Plaintiff and leaves is Defendant to ___________ the second day of next term of Court and the next term is by consent to be the ______ term. (Scribbling)
A.M. Mitton
vs Civil Action
Stewart Warren & Sally Warren
Now at this day comes the parties by attorneys and the death of Sally Warren the Defendant in this cause having been suggested it is therefore considered by the Court that this suit be and is hereby abated and for nought held.
p 234/235
State of Missouri Plaintiff
vs Gaming
George W. Mitchell Defendant
Now at this day comes the said Defendant in person and Joseph K. Gibson who acknowledge themselves to owe and stand justly indebted to the State of Missouri in the sum of one hundred dollars to be levied of their respective goods and chattles lands and tenements to be void on condition that the said George W. Mitchell shall make his personal appearance before the Judge of our Greene Circuit Court at the Court House in Springfield On the first Monday in March 1859 to answer to a Bill of Indictment proferred against him for Gaming and not depart said Court without leave.
p 235.
State of Missouri Plaintiff
vs Betting On Election
R.G. Wills(or Wells) Defendant
Now at this day comes the Circuit attorney who prosecutes and R.G. Wills (or Wells) and A.V.F. Haston who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be levied of their respective goods andchattles lands and tenements to be void on condition that the said H.G. Wills(or Wells) shall make his personal appearance before the Judge of our Greene Circuit Court at the Court House in Springfield on the first Monday in March 1859 to answer to a Bill of Indictment proferred against him for Betting on an Election and not depart said Court without leave.
p 235/236.
H.H. Blanchard Plaintiff
vs Civil Action
(continued)
58
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
SEPTEMBER TERM 1858
p 235/236 continued
Abraham Fine Defendant
Now at this day comes the Plaintiff by his attorney and the said Defendant having failed to show any cause why the Judgment rendered by Default at the last the last term of this Court should not be made final. It is considered by the Court that the Plaintiff have and recover of and from said Defendant the said sum of $127.66 for his debt and damage and also his costs laid out and expended and that he have execution therefor.
p 236.
L.A.D. Crenshaw Plaintiff
vs Civil Action
A.F. Bigbee & J.M. Carthal
Administrators of J.P. Carthal
deceased Defendants
Now at this day come the parties by their attorney and having announced ready for trial thereupon came a Jury, to wit: Thomas Tiller, Samuel Brashears, J.T. Morrow, ______. S. Peck, Wilson Skun, M. Bray, S.R. Truesdale, W.H. Crockett, D. Simmons, Samuel McDaniel, R.G. Wills (or Wells), M. Chapman, who being duly elected tried and sworn to well and truly try the issue joined. It was assured that the pleading was not made up and by consent the said Jury were discharged.
p 236/237.
Charles McClure Plaintiff
vs Civil Action
J.P. Norvill, H. McKinsey and
John McElhannon Defendants
Now at this day comes the parties by their attorneys and having announced themselves ready for trial thereupon comes a Jury viz J.A. Hampton, J.K. Gibson, J.D.P. Gray, K.R. Mitchell, B. Chapman, H.P. Greene, A.B. Matthews, Samuel Wood, W.W. Blackman, Alfred Davidson, W.J. Cannefax and J. Dollison, twelve good and lawful men who being duly elected, tried and sworn to well and t ruly try the issue joined between the parties and there not being time to hear the witnesses are permitted to disperse under the charge of the Court until tomorrow 9 o'clock.
p 237.
Now at this day comes into open Court Henry Matlock who is known to the Court as the Sheriff of Greene County and the identical person whose name is subscribed to an instrument of writing purporting to be a Sheriffs Deed to R.P. Faulkner for the following real estate viz beginning at the NW corner of a certain Lot in the City of Springfield owned by J.B. Biederlinden thence due South 70 yards to SW corner of the Lot, Thence East 70 yards, thence North 70 yards, thence West with said Beiderlinden line to beginning, which real estate was sold by virtue of an execution in favor of R.G. McElhaney and R.P. Faulkner against Henry S. Chenoweth in a judgment rendered in the Greene Circuit Court and the said Matlock acknowledged he executed the same for the purposes therein expressed.
Now at this day comes into open Court Henry Matlock who is known to the Court as the Sheriff of Greene County and the identical person whose name is subscribed to an instrument of writing purporting to be a Sheriffs Deed to Thomas J. Bailey for the following described real estate viz the N 1/2 of the W 1/2 of the SE 1/4 of Sect 7 TWP 29 Range 21 which was sold by virtue of an execution from the Greene Circuit Court in favor of Thomas J. Bailey against H.S. and J.W. Chenoweth and said Matlock acknowledged that he executed the same for the purposes therein expressed.
59
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
SEPTEMBER TERM 1858
p 238.
Now at this day comes into open Court Henry Matlock who is known to the Court as the Sheriff of Greene County and the identical person whose name is subscribed to an instrument of writing purporting to be a Sheriff's Deed to Molly B. Holland (C.B. ?) for the following described real estate viz the N 1/2 of the SW 1/4 of Sect 33 TWP 31 Range 21 which was sold by virtue of an execution in favor of F.A. Reed against T.G. Anglum and David M. Bedell issued from the Circuit Court of Greene County and the said Matlock acknowledged the same to be his act and deed for the purposes therein contained.
Now at this day comes the Grand Jury and return into Court the following true bills of Indictment viz
1. State of Missouri vs Samuel Jones -- Peddling Without License
2. State of Missouri vs Samuel Jones -- Peddling Without License
3. State of Missouri vs Samuel Jones -- Peddling Without License
4. State of Missouri vs Samuel Jones -- Peddling Without License
5. State of Missouri vs Samuel Jones -- Peddling Without License
6. State of Missouri vs Samuel Jones -- Peddling Without License
7. State of Missouri vs Samuel Jones -- Peddling Without License
8. State of Missouri vs Samuel Jones -- Peddling Without License
9. State of Missouri vs Samuel Jones -- Peddling Without License
Which are ordered on file and the capiases to the issue on the same and the Grand Jury retire to further consider of their presentments.
p 238/239.
Charles R. Layton
Amanda Layton and Petition for Decree of
Abner Galbraith by his Sale of Land Warrant
Guardian, William Foren
Now at this day comes into Court the Sheriff of the County of Greene and files a report of the sale of the Military Land Warrant No. 17342 which was ordered to be sold by a previous decree of this Court which report being read to the Court here is all things approved and confirm with. It is further ordered that the said Henry Matlock Sheriff of Greene County be and he is hereby directed and authorized to transfer and assign the said Warrant to the purchasers or to make an assignment of the same in blank as the purchasers may elect to have done and that the proceeds of the same be held subject to the further order of this Court.
p 239.
State of Missouri Plaintiff
vs Gaming
George W. Mitchell Defendant
Now at this day comes the Circuit Attorney who prosecutes and the said Defendant in his proper person and says he is guilty as he stands charged in the Indictment. Whereupon the Court do fine the said Defendant 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 Defendant the said sum of ten dollars as a fine and also her costs in this behalf laid out and expended and that execution issue therefor.
p 239/240
State of Missouri Plaintiff
vs Selling Liquor Without License
George S. Mitchell Defendant
(continued)
60
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
SEPTEMBER TERM 1858
p 239/240 continued
Now at this day comes the Circuit Attorney who prosecutes and the said Defendant in his proper person and says he is guilty as he stands charged in the Indictment. Whereupon the Court do fine the said Defendant the sum of twenty 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 Defendant the said sum of twenty dollars as a fine and also her costs in this behalf laid out and expended and that execution issue therefor.
p 240.
Mary E. Headlee et al Expartee
Now at this day comes Henry Matlock Sheriff and exhibits his report of sale of real estate sold in this cause and all so an account of costs and expenses as follows:
Clerk Fees -- $ 3.55
Sheriff Comm. -- 8.00
Printer Fee -- 3.00
Atty Fee -- 20.00
Which said report is in all things by the Court approved and said Bill of Costs allowed.
William Thompson et al Expartee
Now at this day comes Henry Matlock Sheriff and exhibited a report of the sale of real estate Lewis D. Barham and also an account of cost and expenses, viz
Clerks Fee -- $ 8.00
Printer Fee -- 12.00
Sheriff Comm. -- 6.00
Atty Fee -- 20.00
Which said report is in all things by the Court approved and said Bill of costs allowed.
Allen Fulden et al Expartee
Now at this day comes Henry Matlock Sheriff and exhibited a report of the sale of real estate of John Weaver, deceased, and also a bill of costs and expenses viz
Clerks Fee -- $ 6.70
Printer Fee -- 6.00
Sheriff Comm. -- 43.14
Atty Fee -- 1.00 (?)
Which said report is in all things by the Court approved and said bill of costs allowed.
p 241.
Charles R. Layton et al Expartee
Now at this day comes Henry Matlock Sheriff and exhibited a report of the sale of real estate and Bounty Land Warrant of heirs of George Galbraith deceased with a bill of costs and expenses viz
Clerks Fee -- $ 5.00
Printer Fee -- 3.00
Sheriff Comm. -- 3.00
Atty Fee -- 10.00
Which said report is in all things by the Court approved and said bill of costs allowed.
p 241/242.
Now at this day comes Henry Matlock who is known to the Court as the Sheriff of Greene County and the identical person whose name is signed to an instrument of writing purporting to be a Sheriff's Deed to the following described Real Estate to William Thompson viz
(continued)
61
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
SEPTEMBER TERM 1858
p 241/242 - cont.
E 1/2 Lot No 6 NW fcl 1/4 of Sect 2 TWP 29 Range 24 which was sold by order of the Greene Circuit Court for the purpose of partition among the heirs of Lewis D. Barham deceased and the said Henry Matlock acknowledges that he executed the same for the purposes therein contained.
Ordered by the Court that Samuel Hall be excused on account of sickness from further service as foreman of the Grand Jury and that the Sheriff summon another to act as a Grand Juror whereupon the Sheriff summoned Samuel McDonald as a Grand Juror who was sworn and the Court appointed H.R. Garroutte foreman in place of Samuel Hall who was duly sworn as said foreman and further ordered that Stewart Warren be discharged.
Charles McClure Plaintiff
vs Civil action
J.P. Norvill et al Defendants
Now at this day comes the parties and also the Jury empannelled on yesterday and the Defendant by leave files his amendment to his answer in this cause whereupon the said Plaintiff by leave files his demurrer in this cause to Plaintiffs amended answer which was afterwards by leave withdrawn and the Jury having heard a portion of the testimony and there not being time to complete the same are permitted to disperse under charge of the Court until tomorrow 9 o'clock.
p 243.
N.A. Davis et al Expartee
Now at this day comes Henry Matlock Sheriff of Greene County and exhibits his report of the sale of real estate of Joshua Davis deceased and also a bill of expenses as follows -
Clerks Fee -- $6.80
Printer Fee -- 3.00
Sheriff Comm. -- 24.16
Atty Fee -- 40.00
Which said report is in all things by the Court approved and said bill of expenses allowed.
State of Missouri Plaintiff
vs Peddling Without License #1
Samuel Jones Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person who says he is guilty as charged in the Indictment, whereupon the Court doth assess a fine on said Defendant the sum of $50.It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant the sum of $50 for a fine and also costs and that she have execution therefor and that said Defendant remain in custody until said fine and costs are paid or secured.
p 246/247.
J.W. McClurg,etc. Plaintiffs
vs Civil Action
Garrison and Tillmon Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to J.N. Tillmon and on his motion R.W. Tillmon is made a party Defendant in this cause and it is ordered that an alias writ issue for said Tillmon.
62
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
SEPTEMBER TERM 1858
p 247.
H.L.W. Killingsworth Plaintiff
vs Appeal From J.P.
George McElhannon Defendant
Now at this day comes the Plaintiff by attorney and dismisses this suit. It is therefore considered by the Court that Plaintiff take nothing by his Suit and that the Defendant have and recover of and from the Plaintiff his costs laid out and expended.
John M. Thornton Plaintiff
vs Civil Action
John H. Worley Defendant
Now at this day comes the Plaintiff and by leave of the Court files his petition and exhibits in this cause and the Defendant's attorney files a power of attorney empowering B.L. Hendrick to confess judgment in favor of said Plaintiff for 121 debt and $7.30 damage, and it appearing that said Defendant had by mortgage deed conveyed to Plaintiff to send the payment of said sum the following land viz NW 1/4 Sect 35 TWP 31 Range 24. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendant the said sum of one hundred twenty one dollars debt and seven dollars and thirty cents damage and costs in this behalf laid out and expended and that the equity of redemption in the above described mortgaged premises before closed and that a special firri facias issue that said land be sold to satisfy the same and in case the same shall not satisfy said execution that other goods chattles lands and tenements of said Defendant be sold to satisfy said execution.
p 248.
Ordered by the Court that Grand Juror be summoned to complete the pannell of Grand Jurors in place of those discharged. Whereupon the Sheriff summoned John Williamson who was duly sworn and empannelled.
State of Missouri Plaintiff
vs Felonious assault
William Gash Defendant
Now at this day comes the Circuit Attorney who prosecutes. This cause is continued until next term, and William Gash and John Gash and James C. Preston as his securities who acknowledged themselves to owe and stand indebted to the State of Missouri in the sum of five hundred dollars to be levied of their goods chattles and tenements to be void on condition that the said William Gash shall make his personal appearance before the Judge of the Greene Circuit Court at a Court to be holden on the first Monday in March, next, on the first day thereof and answer to a bill of Indictment preferred against him for a felonious assault and not depart said Court without leave.
State of Missouri Plaintiff
vs Gaming
John Dixon Defendant
Now at this day comes the Circuit Attorney and also John Dixon and Joseph Forbis his security who acknowledged themselves to owe and stand indebted unto the State of Missouri in the sum of one hundred dollars to be levied on their goods and chattles lands and tenements to be void on condition that said John Dixon be and make his personal appearance before the Judge of our Greene Circuit Court on the first Monday in March at the Court House in Springfield and answer to a Bill of Indictment preferred against him for gaming and not depart said Court without leave.
63
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
SEPTEMBER TERM 1858
p 249.
Now at this day comes the Grand Jury and return into Court the following true bills of Indictment, viz -
State of Missouri vs __________ -- Killing a Mule
State of Missouri vs Madison Day -- Disturbing Peace of Family
State of Missouri vs ___________ -- Grand Larceny
State of Missouri vs William Harrington -- Working on Sunday
State of Missouri vs James Moppin -- Gaming
State of Missouri vs James F. Aubry -- Gaming
State of Missouri vs Greenville Taylor -- Gaming
State of Missouri vs ___________ -- Felonious Assault
State of Missouri vs W.R. Mills -- Working on Sunday
State of Missouri vs Henry Brazeal -- Disturbing Peace of Family
State of Missouri vs John W. Lingo -- Gaming
State of Missouri vs James H. Fagg -- Selling Liquor Without License
State of Missouri vs William Gash -- Felonious Assault
Which said Indictments are ordered On file and ordered that capiases issue thereon.
Charles McClure Plaintiff
vs Civil Action
John P. Norvill Defendant
Now at this day comes the parties by their attorneys and also the Jury empannelled in this cause and having heard the evidence and heard the instructions of the Court and there not being sufficient time to complete the argument are permitted to disperse under charge of the Court until tomorrow morning 9 o'clock.
p 250. Thursday Sept 16, 1858
Now at this day On motion and it appearing to the satisfaction of the Court here from the minutes of the last March term of this Court that an interlocutory Judgment was rendered in this cause mentioned below which said order by misplacing of the Clerk was not entered on the record of said March Term. It is therefore ordered that said Judgment which should have been entered at said March term be entered now as follows:
State of Missouri
Who sues to the use of John R. Edwards as admin de bonis now of the Estate of Joseph Cannefax
vs Civil Action on Administrators Bond
William J. Cannefax
John H. Miller, William Massey
Raglan M. Langston and John S. Bigbee Defendants
Now at this day comes the Plaintiff by his attorney and the above Defendants being Thrice solemnly called come not but makes default whereby Plaintiffs action remains wholly undefended and it appearing to the satisfaction of the Court that the above Defendants have been lawfully served with process more than 15 days before the present (March Term 1858) of this Court the Court doth find in favor of Plaintiff but not being advised of the amount of damages to which the Plaintiff is entitled. It is considered by the Court that the Plaintiff have and recover from said Defendants such damages as may be awarded on an inquiry at the next term of this Court to which term this cause is continued and a writ of inquiry awarded.
64
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book D JR
SEPTEMBER TERM 1858
p 251.
State of Missouri Plaintiff
vs Adultery
Godfrey Yawn Defendant
Now at this day comes the Circuit Attorney and on his motion the said Defendant is by the Court discharged from his recognizance.
State of Missouri Plaintiff
vs Sabbath Breaking
illiam Herrington Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and said William Herrington and Joseph Gate as his security who acknowledged themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be levied of their respective goods and chattles, lands and tenements to be void on condition that the said William Herrington shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first Monday in March, next, at the Court House in Springfield and answer to a bill of Indictment preferred against him for Sabbath Breaking and not depart said Court without leave.
p 252/253.
Joseph M. Carthal et al Plaintiff
vs Petition for Partition
Mary M. Carthal et al Defendant
Now at this day came the Plaintiff and files herein their petition setting forth that they together with the Defendants are the owners of the following real estate the SW1/4 NW 1/4 (the NW 1/4 SW1/4) the (E 1/2 SW 1/4 ) (the SW1/4 SW 1/4 ) NE 1/4 NE 1/4 of Sect 10 the NE 1/4 Sect 9 the NW 1/4 NE 1/4 Sect 23 the W 1/2 NE 1/4 the E 1/2 Sec 8 all in TWP 28 Range 22 the SW 3/4 Sec 3 TWP 29 Range 22 the NW fcl 1/4 and W 1/2 NE 1/4 Sect 31 TWP 29 of Range 23 (by devise of last will and testament of Jonathan Carthal, deceased) the object and general nature of which is to obtain partition of said real estate among the Owners thereof and it appearing from the affidavit of the Plaintiffs filed with said petition that Defendants George and John Younger are now residents of the State of Missouri. It is therefore ordered by the Court that said Defendants be notified by publication of the commencement of this suit by publication for eight weeks in the Springfield ADVERTISER, a newspaper printed and published in the State of Missouri notifying said Defendants to be and appear before the Judge of our Greene Circuit Court at the Court House in Springfield at a Court to be holden on the first Monday in March 1859 and plead, answer or demur to P1aintiff's petition or the same will be taken as confessed as to them and a decree rendered accordingly.
p 253/254.
Jonathan Wilkes and
Rachel Wilkes Plaintiffs
vs Petition for sale and partition of slave
E.G. Smallen Defendant
Now at this day comes the Plaintiffs and files herein their petition setting forth that Robert J. Horn who died in the year 185__ having as heirs and distributes of his estate Rachel Horn who is since intermarried with said Jonathan Wilkes and Robert J., William L. and Fany C. Horn who are minors and that said E.G. Smallen who married Elizabeth Horn widow of said deceased and who is also the legal guardian and curator of said minors. That the administration of the estate of said deceased has been completed and that there remains of such estate a negro man named Damon undisposed of that the said (continued)
65
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
SEPTEMBER TERM 1858
p 253/254 cont.
Plaintiff and Jonathan Wilkes and Rachel his wife are entitled to one-fifth part of said slave, that E.G. Smallen and wife and Robert J. William T., and Fany C. Horn are each entitled to one-fifth part of said slave on credit of 12 months and that distribution be made thereof according to law. And that the said Defendant comes and files his answer to the Plaintiffs petition and says that the facts set forth in Plaintiffs petition are true and that he is the lawful guardian of said minors. And all and singular the premises being seen and by the Court understood, it is ordered adjudged and decreed by the Court that the said slave Damon be sold by the Sheriff of Greene County at the Court House door on a credit of 12 months with bond and approved security and that the Sheriff advertise the same as the law requires and make report of his proceeding to the next term of this Court after paying the costs and expenses of this proceeding.
p 254.
Charles McClure Plaintiff
vs Civil Action
John McElhannon et al Defendants
Now at this day again comes the parties and Jury empannelled in this cause and having heard the arguments of counsel returned to consider of their verdict and again return into Court and renders the following verdict "We the Jury find the issues and verdict in favor of the Defendant . H.P. Green, foreman". It is therefore considered by the Court that the said Plaintiff take nothing by his said 5\iit against said John McElhannon and that the said McElhannon have and recover of and from said Plaintiff his costs laid out and expended and that he have execution therefor
p 254/255.
Now at this day comes the Grand Jury and returns the following true bills of Indictment. -
State of Missouri vs Washington Taylor False Pretense
State of Missouri vs John Sheffield Gaming
State of Missouri vs John Patterson -- Gaming
State of Missouri vs John W. Lingo -- Gaming
State of Missouri vs James Mason -- Disturbing Peace of Family
State of Missouri vs E.J. Armstrong -- Gaming
State of Missouri vs E.J. Armstrong -- Gaming
State of Missouri vs A.H. Payne -- Gaming
State of Missouri vs John Patterson -- Gaming
State of Missouri vs A.H. Hunt -- Gaming
State of Missouri vs E.J. Armstrong -- Gaming
State of Missouri vs J.W. Lingo -- Gaming
State of Missouri vs E.J. Boyd -- Gaming
State of Missouri vs Granville Taylor -- Gaming
State of Missouri vs A.J. Aubry -- Gaming #2
State of Missouri vs A.J. Aubry -- Gaming #3
State of Missouri vs A.J. Aubry -- Gaming #4
State of Missouri vs A.J. Aubry -- Gaming #5
State of Missouri vs A.J. Aubry -- Gaming #6
State of Missouri vs A.J. Aubry -- Gaming #7
Which are ordered on file and ordered that capiases issue on the same.
p 255. Friday September 17, 1858
Rest of page 255 - causes continued till next term
66
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
SEPTEMBER TERM 1858
p 256.
Samuel Crenshaw Plaintiff
vs Civil Action
Benjamin Cannefax Defendant
Now at this day comes the parties by attorneys and on affidavits of the Defendant this cause is continued until next term at Defendant's cost and ordered that the Defendant pay the costs of this term of this court for all of which execution issue.
p 256/257.
D.P. Simmons Plaintiff
vs Appeal J.P.
N. Phillips et al Defendants
Now at this day comes the parties by their attorneys and having announced ready for trial thereupon came a Jury viz William Hendrick, John Young, John Bench, James Bond, W.H. Whitlock and Allen Robberson, six good and lawful men who being duly elected tried and sworn to well and truly try the issue joined having heard the evidence and argument of counsel return to consider of the verdict again return into Court and render "We the Jury find the Defendant not guilty. William Hendrick, foreman." It is therefore considered by the Court that the Plaintiff take nothing by his suit and that the Defendant have and recover of and from the Plaintiff the costs laid out and expended and have execution therefor.
p 257/258.
David Coble Plaintiff
vs Civil Action
Samuel M. Daniel Defendant
Now at this day comes the Defendant by attorney and by leave of the Court files his answer in this cause ordered by the Court that Joel Philips be discharged from further services on the Grand Jury. Whereupon by order of the Court the Sheriff summond William Burley as a Grand Juror, who was duly sworn as such.
p 258.
State of Missouri Plaintiff
vs Attachment For Contempt
William H. Hunt Defendant
Now at this day comes the Circuit Attorney and also the Defendant and all and singular the premises being seen by the Court it is ordered by the Court that he be discharged by paying the costs of this attachment and that execution issue therefor.
p 259/260.
Henry McKinley Plaintiff
vs Collection of Money on Execution
Jesse (a man of Color) Defendant
This day comes the Plaintiff by attorney and presents his petition in the above cause for the staying proceedings on an execution named in said petition, viz. that said Jesse, a man of Color, and it appearing to the satisfaction of the Court that said Jesse is not a resident of the State of Missouri and that the said Jesse has been notified according to law of the application for an injunction in the above cause. And it further appearing that the said Jesse has received a Judgment against said McKinley in the Harrison Circuit Court for the sum of $53 for costs and all and singular the premises being seen and fully understood by the Court the Court hereby informs and prohibits the Sheriff of said County of Greene from collection of said execution now in the hands of
(continued)
67
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
SEPTEMBER TERM 1858
p 258/259 continued.
said Sheriff and that summons issue from the office of the Clerk of the Circuit Court of Greene County summoning said Jesse (a man of Color) to appear at the next term of this Court and show cause why said injunction should not be made perpetual.
p 259/260.
Stephen Dorrell Plaintiff
vs Civil Action
Nicholas G. Walker Defendant
Now at this day comes the parties by their attorneys and the Defendant by leave withdraws his answer in this cause and it is agreed by the parties that Judgment be rendered against said Defendant for the sum of $1140.70 for Debt and damages that said Judgment bear 10% interest the rate specified in the note sued on. It is therefore considered by the Court that the said Plaintiff have and recover of and from said Defendant the said sum of $1140.70 for his debt and damages and interest on this Judgment as aforesaid and also his costs in this behalf laid out and expended and that he have execution therefor. Agreed by the parties that execution on the above be stayed until the next term of this Court.
p 260/261.
Charles McClure Plaintiff
vs Civil Action
John P. Norvill and Neil McKinsey Defendants
Now at this day comes the Plaintiff by attorney and the said Defendants having beenduly served with process and failing to answer plead or demur to Plaintiffs petition and the same being founded on an instrument of writing signed by the Defendants and the amount ascertained thereby the Court doth find by examination of the same that the Defendants are indebted to the Plaintiff in the sum of $685 debt and $165.61 damages. Iit is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendants the said debt and damages and also costs of Suit laid out and that he have execution therefor.
p 262. Actions filed.
p 263.
Now at this day comes the Grand Jury and returns into Court the following true bills of Indictment viz
State vs Daniel Kelly -- Selling Goods Without License
State vs _____ Utt -- Gaming
State vs _____ Utt -- Gaming
State vs W. Simpson -- Gaming
State vs W.L.______ -- Felonious Assault
State vs L. Newslath -- Peddling
State vs F.A. _____ -- Perjury
State vs J.T. Oneal -- Gaming
State vs J.T. Oneal -- Gaming
State vs H. Wallace -- Selling Liquor Without License
State vs A.J. Duvatt -- Peddling Clocks Without License
State vs A.J. Duvatt -- Peddling Clocks Without License
State vs A.J. Duvatt -- Peddling Clocks Without License
State vs A.J. Duvatt -- Peddling Clocks Without License
State vs A.J. Duvatt -- Peddling Clocks Without License
(continued)
68
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
SEPTEMBER TERM 1858
p 263 Continued.
State vs JNR _____ -- Forgery
State vs JNR _____ -- Forgery
State vs Caraton Maupin -- Gaming
State vs Caraton Maupin -- Gaming
State vs L.J. Hankins -- Gaming
State vs J.F Oneal -- Gaming
State vs William M. Hunt -- Gaming
State vs Anderson Payne -- Gaming
State vs William Littlepage -- Gaming
State vs J.V. Wallace -- False Pretense
State vs John Sheffield -- Gaming
State vs John Given -- Selling Liquor on Sunday
State vs John Foster -- Selling Liquor Without License
State vs Reuben Wyatt -- Lewdness
State vs E.H. Boyd -- Gaming
Which were by the Court ordered on file and that capiases issue thereon. And there being no further business for said Grand Jury it is by the Court discharged.
p 264.
Ephraim Daniel Plaintiff
vs Civil Action
C.B. Owen Defendant
Now at this day comes the Plaintiff and files his affidavit praying for an appeal to the Supreme Court which is by the Court granted. Whereupon he files an appeal bond with John L. Overstreet as security thereon which is by the Court approved and ordered that execution be stayed until further order of this Court.
Ordered by the Court that Vincent Cummings be and he is hereby appointed a Deputy Sheriff of Greene County.
State of Missouri Plaintiff
vs Gaming
Henry Matlock Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Indictment whereupon the Court doth assess as a fine the sum of $10 for the commission of the offense. It is considered by the Court that the State of Missouri have and recover of and from the said Defendant the said sum of $10 and also her costs and that she have execution therefor.
p 264/265
M.W. King Plaintiff
vs Civil Action
John F. McMahan Defendant
Now at this day comes the parties by attorney and the motions to strike out Defendants answer coming on to be heard and all and singular the premises being seen and by the Court understood is by the Court sustained. And the said Plaintiff's petition remaining wholy unanswered and the same being on an instrument of writing and the amount ascertained. Thereby the Court doth find from an examination of the premises that said Defendant is indebted to said Plaintiff in the sum of $205 and $42.55 damages. It is therefore considered by the Court that said Plaintiff have and recover of and from the said Defendant the said sum of $205 debt and $42.55 damages and also his costs laid out and expended and that he have execution therefor.
69
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
SEPTEMBER TERM 1858
p 265.
Austin Mills Plaintiff
vs Civil Action
T.C. Blakey Defendant
Now at this day comes the Plaintiff and on his motion it is ordered that attachment issue for William Herndon, Edward Sydney, J.M. Simmons, H.J. Ewing, Alsey Oneal and John A. Mack witnesses in the cause returnable to the next term of this Court.
p 265/266.
L.A.D. Crenshaw Plaintiff
vs Civil Action
R.E. Blakey Defendant
Now at this day comes L.A.D. Crenshaw and L. Hendrick who acknowledge themselves to owe and stand indebted to R.E. Blakey in the sum of $200 to be void on condition that L.A.D. Crenshaw who has this day prayed an appeal to the Supreme Court in the above entitled cause shall prosecute his appeal with effect and pay all damages that may be adjudged against him by the Supreme Court and otherwise perform the Judgment of said Court.
p 266/267.
Mary Ann Posten and
Charles Posten her husband
vs Civil Action In The Greene Circuit Court
John P. Campbell, Leonidas A. Campbell,
Rush and Jabez Owen her husband
James Campbell infant
Thomas Campbell infant
Samuel Campbell infant
William Campbell infant
Louisa McKinney infant
all heirs of John P. Campbell deceased
Louisa T. Campbell widow of said deceased
Now at this day comes the Plaintiff and the Defendants except the infant Defendants being thrice solemnly called come not but make default and it appearing to the satisfaction of the Court here that process has been duly served on all the Defendants except John P. Campbell and L.A. Campbell who was duly notified by publication according to law. It is therefore considered by the Court here that as to all the Defendants except the infants the petition and the matters therein stated and confessed to be true and L. Campbell being the guardian of the infants the said infant Defendants by their said guardian come and make answer to said petition and say the said petition and the matters therein stated are true and thereupon it is considered by the Court that Plaintiff ought to have Judgment and decreed by the Court that the said Mary Ann Posten be visited in fee simple with the full and interest estate of in and to the real estate mentioned in said petition absolutely that is to say beginning at the SW corner of a tract set off by said J.P. Campbell deceased to Allen Mitchell on the Section line and South of the SE corner of the NE 1/4 of Sect 14 in TWP 29 Range 22, thence East 8 degrees North 26 poles and _____ links to the Boonville Road, thence South along the Boonville Road 10 degrees 14 poles and 14 links, thence West 8 degrees to the Section line, thence North along the Section line 14 poles and 14 links to the beginning.
70
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
SEPTEMBER TERM 1858
p 267.
Paschal Hudson Plaintiff
vs Appeal From Probate and Common Pleas Court
Hugh C. Adams Defendant
Now at this day comes the parties by attorneys and the said Defendant having failed to answer the petition of Plaintiff and the same being founded on an instrument of writing signed by Defendant and the amount ascertained.Thereby the Court doth find from an examination of the premises that said Defendant is indebted to said Plaintiff in the sum of $800 debt and also the sum of $92 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt of $800 and also $92 for his damage and also costs of Suit in this behalf laid out and expended and that he have execution therefor.
p 268/269.Divorce previously published.
p 269/270.
John L. Turner et al Plaintiff
vs Petition for Partition
James R. Turner Defendant
Now at this day comes John L. Turner and Thadius 5 Turner by J.R. Turner his guardian Mary M. Carthal Leonidas Collins Lucretia Collins Thomas B. Turner Thomas J.H. Turner and by leave of the Court file their petition setting forth that they with the Defendant are heirs and distributees the estate of James C. Turner deceased and owns in coparcenary of the following real estate of said deceased viz - E 1/2 Lot 5 NE fcl 1/4 Sect 4, W 1/2 Lot 2, NW fcl 1/4 Sec 3 W 1/2 Lot 4 NW fcl 1/4 Sect 3 W 1/2 Lot 5 NE fcl 1/4 Sec 4 Lot 5 NE fcl 1/4 Sect 3 Lot 3 NW fcl 1/4 Sect 3 E 1/2 Lot 2 NW fcl 1/4 Sect 3 W 1/2 Lot 2 NE fcl 1/4 Sect 3 Lots 3 & 4 NE fcl 1/4 Sect 4 TWP 29 Range 20 containing ____ acres that under the will of said deceased they are each entitled one undivided one-seventh part of said real estate and ask that the Court render Judgment of sale and partition of said real estate in accordance with the rights of the owners thereof. And the said Defendant James R. Turner comes and by leave of the Court files his answer to Plaintiff petition and says that facts stated in Plaintiffs petition are true. And all and singular the premises being seen and by the Court fully understood it is ordered by the Court that Joseph T. Morton, W.W. Jeffries and John H. Caynor be appointed Commissioners to make partition of said real estate and report at the present term of this Court.
p 270.
John L. Turner et al Plaintiff
vs Petition for Partition
James R. Turner Defendant
Now at this day comes John H. Caynor William W. Jeffries and Joseph T. Morton, Commissioners appointed at the present term of this Court to make partition of the Real Estate of James C. Turner and by leave of the Court make the following report
To the Honorable Circuit Court of Greene County in Session. The undersigned Commissioners appointed at the present term of this Court to make partition of the real estate of J.C. Turner deceased beg leave to report that after reviewing and examining the same cannot make partition of same real estate according to the respective interest of the parties this the 18th day of September 1858.
Joseph T. Martin
William W. Jeffries
John H. Caynor
(cont.)
71
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
SEPTEMBER TERM 1858
p 270 continued
Which said report is by the Court received and in all things approved and the Court doth find from an examination of premises that the said petitions are the owners of the following described real estate belonging to them as heirs and distributees of said deceased, viz: E 1/2 Lot No 5 NE fcl 1/4 Sec 4 W 1/2 Lot No 2 NW fcl 1/4 Sec 3 W 1/2 Lot No 4 NW fcl 1/4 Sec 3 W 1/2 Lot No 5 NE fcl 1/4 Sec 4 Lot 5 NE fcl 1/4 Sec 3 Lot 3 NW fcl 1/4 Sec 3 E 1/2 Lot No 2 NW fcl 1/4 Sec 3 W 1/2 Lot No 2 NE fcl 1/4 Sec 3 Lots No 3 & 4 NE fcl 1/4 Sec 4 Township 29 Range 20. That said petitioners to wit: John L. Turner, Thaddius Turner, Mary M. Carthal, Leonidas Collins and Lucretia Collins his wife, Thomas B. Turner and E.M. Turner and each entitled to one-seventh part of said real estate and the Court doth further find from the report of the commissioners that said real estate is not susceptible of partition in kind without great prejudice to the owners thereof. It is therefore ordered, adjudged and decreed by the Court that the Sheriff of Greene County sell said real estate during the sitting of the Circuit Court of Greene County and after paying all the costs and expenses attending this proceeding pay the balance of the proceeds of said sale to the parties interested according to the respective interests as set forth in said petition.
p 270/271.
Alfred Hosman and others Plaintiffs
vs Petition for Partition
Delinda Craig et al Defendants
Now at this day this cause came on again to be heard. On the petition of Plaintiffs and the answer and exhibits of the Defendants and the e;vidence of the Plaintiffs and Defendants and all things being seen and by the Court fully understood, it is considered, ordered and adjudged and deemed by the Court that the exceptions of the Plaintiffs filed to the report of the commissioners be and the same is overruled. And the report of the commissioners appointed at the last term of this Court be and the same is hereby confirmed. And it is further considered, ordered and adjudged and decreed by the Court that the said Defendant, James Boone, Benjamin H. Boone and John C. Boone have, possess, hold and enjoy jointly according to their several interests in the following described tracts and lots of the said real estate in said petition mentioned as their full share of said land and real estate as laid off and assigned to them by the report of the commissioners aforesaid to hold and enjoy the same to them and their heirs forever against the claims of the said Plaintiffs and the Defendants and all persons claiming by, through or under them. And that is to say the S 1/2 of the
SE 1/4 and the SE 1/4 of the SW 1/4 of Sect 9; also the SW 1/4 of SE 1/4 of Sect 16 and the W 1/2 of the NE 1/4 of Sect 21 all in Range 24 Township 30 in all 240 acres to have and to hold the same to them, their heirs and assigns forever. And it further appearing to the satisfaction of the Court that the said John C. Boone has purchased the interests of the said Delinda Craig, the interest of the said Jemima Zumautt and the interest of the said James Maxwell and Lutitia his wife and is the owner of some of the lands and real estate in said petition mentioned. And it further appearing to the satisfaction of the Court that the said James, Benjamin H. and John C. Boone purchased the interest and are the owners of the interest of the Defendant and Olive Boone to and in said land and real estate and it appearing to the satisfaction of the Court from the report of said commissioners that the remainder of said land and real estate cannot be divided and partitioned thereof made in kind without great prejudice to the owners thereof. It is therefore considered, ordered and adjudged and decreed by the Court that the remainder of said land in Plaintiffs petition mentioned, to wit: the E 1/2 of the NE 1/4 and the W 1/2 of the NE 1/4 of Sect 16, and the E 1/2 of the NW 1/4 of Sect 21 all in Range 24 Township 30 be sold by the Sheriff of the County of Greene at public auction to the Highest bidder on a credit of ___ months, and the proceeds of the sales of said land be
(continued)
72
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK D JR
SEPTEMBER TERM 1858
p 271/272continued.
divided amongst the parties according to their respective interests in the same. That is to say, to the said Plaintiffs Alfred Hosman and wife, to the said Winfield S.M. Wright and wife to Franklin T. Frazier and wife, to the said Belle R. Prunty one-sixth part each and to the said Benjamin L. and William J. Anthony one-half of one-third part each, to the said Alsa Woodward and Sarah his wife and James Van Bibber one-half of one-sixth each: to the said Rebecca, Mary O.,John T., William O., James H. and Joseph Caulfield one-sixth of one-sixth part each after deducting the expenses of this Suit. And it further appearing to the satisfaction of the Court from the report of said commissioners that the Land Warrant in said petition mentioned, to wit: No. 16217, is not susceptible in partition and division in kind. It is adjudged, ordered and decreed that the said Land Warrant be sold by the Sheriff aforesaid County of Greene to the highest bidder on a credit of (blank) months and that the proceeds of sale be divided amongst Plaintiffs and Defendants according to their respective interests thereof as stated in Plaintiffs petition mentioned. It is further ordered that the Sheriff of said County of Greene make a report of his proceedings to the next term of this Court.
END OF SEPTEMBER TERM 1858.
73
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