Springfield-Greene
County LibraryIn Vacation
January Term 1863
Book E
p 735 (cont).
of the Plaintiff that the Defendant has left his usual place of abode in this State so that the ordinary process of law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that suit has been commenced against him in said Court as above recited and unless he appears at the next term of this Court which will be held on the first Monday in August, next, and on or before the third day thereof, if the term shall so long continue, if not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
M.J. Hubble Clerk
p 736.
In Circuit Court of Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
Thomas D. Wooten, John Hursh
and Thomas W. Cecil Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated May 20th 1861 payable on the 28th day of July next after the date of said Bill of Exchange at the Bank of Missouri St. Louis to the order of Thomas W. Cecil for the sum of $500 for which sum with interest thereon from 18th July 1861, and $20 damage for nonpayment (after allowing all just credits and setoffs) the Plaintiff claims judgment. And it appearing from the affidavit of the Plaintiff that the Defendants, Thomas W. Cecil and Thomas D. Wooten, have absented themselves from their usual places of abode in this State so that the ordinary process of law cannot be served upon them. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited, that their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August, next, and on or before the third day thereof, if the term shall so long continue, if not, then before the end of the term judgment will be rendered against them and their property sold to satisfy the same.
M.J. Hubble Clerk
p 736/737.
In Circuit Court of Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
Jacob Woodward, Andrew J. Ira &
James M. Graham Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated March 28th, 1861, payable four months after date to the order of James M. Graham at the Bank of Missouri at St. Louis for the sum of $500 for which sum with interest thereon from 28th July 1861 and $20 damage for nonpayment (after allowing all just credits and setoffs) the Plaintiff claims judgment. And it appearing from the affidavit of the Plaintiff that the Defendants, James M. Graham and Andrew J. Ira have absented themselves from their usual places of abode in this State so that the ordinary process of law cannot be served upon them. It is therefore ordered by the clerk of said Court, in vacation, that publication be made in the Springfield Missourian,
(continued)
121
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
IN VACATION
p 736/737 (cont)
a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited, that their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August, next, and on or before the third day thereof, if the term shall so long continue, if not, then before the end of the term judgment will be rendered against them and their property sold to satisfy the same.
M.J. Hubble Clerk
p 737/738.
In Circuit Court of Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
William H. Henslee, Administrator of
Jabez Owen, deceased, Henderson
Jones, Marcus Boyd, William H.
Frazier and William L. Thompson Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated January 24th 1861 payable four months after date to the order of Marcus Boyd at the Bank of the State of Missouri at St. Louis for the sum of $800 for which sum with interest thereon from 24th May 1861 and $32 damage for nonpayment (after allowing all just claims and setoffs) the Plaintiff claims judgment. And it appearing from the affidavit of the Plaintiff that the Defendant, William L. Thompson, has absented himself from his usual place of abode in this State so that the ordinary process of law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Missourian, a news paper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant, William L. Thompson, that an action has been commenced against him by petition and attachment in said Court as above recited, that his property is about to be attached and unless he appears at the next term of the Court which will be held on the first Monday in August, next, and on or before the third day thereof, if the term shall so long continue, if not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
M.J. Hubble Clerk
p 738.
In Circuit Court of Greene County, Mo. August Term 1863
Henry Sheppard And John S. Kimbrough Plaintiffs
against
William L. Thompson Defendant
Now at this day comes the Plaintiffs and file their petition with the Clerk founded on three promissory notes against Defendant, one dated January 1st 1861 payable one day after date to Sheppard & Kimbrough on order for the sum of $139.39 with interest at the rate of 10% from date until paid. The other dated January 1st 1863 payable one day after date to the order of Layton Jones and Co. for the sum of $11.55 with interest from maturity at the rate of 10% per annum. The other note dated January 1st 1863 pay ble to the order of Layton Saunders and Co. for the sum of $11.74 with interest from maturity at the rate of 10% per annum. The last two mentioned notes having been assigned to Plaintiffs on the first day of May 1863. The amount for which Plaintiffs claims judgment, after allowing all just credits and setoffs, is $186.12. And it appearing from the affidavit of the Plaintiff that the Defendant has absented or absconded himself from his usual place of abode in the State so that the ordinary
(continued)
122
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
IN VACATION
P 738 (cont)
process of law cannot be served upon him. It is therefore ordered by the Clerk of Court, in vacation, that publication be made in the Springfield Missourian, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be made at least four weeks before the first day of next term of this Court, notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited, that his property is about to be attached and unless he appears at the next term of the Court which will be held on the first Monday in August, next, and on or before the third day thereof, if the term shall so long continue, if not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
p 739.
In Circuit Court of Greene County, Mo. August Term 1863
Bank of the State of Missouri Plaintiff
against
John B. Dale (who signed his name as
J. B. Dale), Andrew J. Burden,
Joseph Burden Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated May 9th 1861 payable four months after date to the order of Joseph Burden for the sum of $1450 payable to the Bank of Missouri, St. Louis, for which sum and interest thereon from 9th Sept 1861 and $58 damage for nonpayment the Plaintiff claims judgment. And it appearing from the affidavit of the Plaintiff that the Defendants, Andrew J. Burden and John B. Dale, have absented themselves from their usual places of abode in this State so that the ordinary process of law cannot be served upon them. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of this Court which will be held on the first Monday in August 1863 and on or before the 3rd day thereof if the term shall so long continue, if not, then before the end of the term judgment will be rendered against them and their property sold to satisfy the same.
p 740.
In Circuit Court of Greene County, Mo. August Term 1863
Elisha Headlee Plaintiff
against
David B. Freemand Nancy N. Freeman Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a demand against Defendants for money paid by Plaintiff as security for Defendant David B. Freeman and a promissory note given by Defendant to one Sampson Bass, administrator of the estate of A.J. Bass, deceased, dated December 16th 1859 for the sum of $102.74 and for the purpose of securing the payment of said note without loss to Plaintiff, the Defendant on the 13th February 1861 executed to plaintiff a mortgage deed to the following described real estate situated in said County of Greene, viz: NE 1/4 of NW 1/4 and NW 1/4 of NE 14 of Sect 15 Township 30 Range 21 containing 80 acres. Plaintiff claims judgment for said sum of $102.74 and all interest due thereon (which was paid by Plaintiff on the 29th day of May 1863 as security aforesaid) and that the Equity of Redemption of the said Defendant of in and to the said real estate be foreclosed and (continued)
123
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
IN VACATION
p 740 (cont)
that the same or so much thereof as is necessary be sold to pay off the judgment rendered. And it appearing from the affidavit of the Plaintiff that the Defendants have absconded or absented themselves from their usual places of abode in this State so that the ordinary process of law Cannot be served upon them. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this court notifying said Defendants that suit has been commenced against them in said Court as above recited and unless they appear at the next term of this Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue, if not, then before the end of the term and plead, answer or demur to Plaintiffs petition the same will be taken as confessed.
p 741.
Springfield, Mo. June 1st 1863.
Adjourned Term.
Court met pursuant to adjournment Honorable John C. Price Judge of the 13th Judicial Circuit Court in the State of Missouri, M.J. Hubble Clerk of the Circuit Court for Greene County and Thomas A. Reed Sheriff of said County when and where the following procedures were had.
John L. Rainey Plaintiff
vs Civil Action
Benjamin W. Cannefax Defendant
Now at this day comes the Plaintiff by attorney and suggests to the Court the death of the Plaintiff in this cause.
Now at this day comes the Grand Jury into Court who by the Court are dismissed from further attendance.
Ordered by the Court that Court adjourned until tomorrow morning 9 o'clock
John C. Price
p 742.
June Term June 2nd 1863 2nd day.
Court met pursuant to adjournment. Present as on yesterday.
Jabez Owen Plaintiff
vs Civil Action
F.J. Abernathy Defendant
Now at this day comes the Plaintiff and by leave of Court files his amended petition in this cause.
p 742.
Zachariah Sims Plaintiff
against Confession of Judgment
Brigg G. Sims Defendant
This day comes the Plaintiff in the above cause by attorney and files a note in open court against the Defendant for the sum of $1450 with a statement and confession made by said Brigg G. Sims verified by affidavit of the said B.G. Sims by which confession it appears to the satisfaction of the Court that the said Brigg G. Sims is indebted to the said Zachariah Sims for the sum of $1450 for his debt and the further sum of $145 for his damage and the said Defendant by said statement confesses judgment for the sum
(continued)
124
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
IN VACATION June 2nd 1863.
p 742 (cont)
of $1530 and the Court being satisfied of the identity of the Defendant produced in open court. It is therefore considered by the Court that the said Plaintiff have and recover of and from Defendant the said sum of $1595 with interest on the same at the rate of 10% per annum that being the rate of interest mentioned in said note as well as his costs in this behalf laid out and expended for which execution may issue.
p 742/743.
Ann E. Young, admin of the estate
of John Young, deceased Plaintiff
vs Civil Action
William S. Baxley, John S. Kimbrough Defendants
Now at this day the Court being fully satisfied that in this cause judgment was rendered at the August Term 1862 for the sum of $3888.58 debt and also $502.03 damages that said judgment was erroneously entered up against both Defendants and that the suit against the said Kimbrough had been dismissed previous to taking said judgment and that the said Kimbrough had never been served the Court orders the Court, the Court orders the record of the said judgment to be so amended as to strike out the name of said Kimbrough so that the judgment will appear to be against only William S. Baxley.
p 743.
Eli G. Paris, admin debonis non
of Estate of John Young, deceased Plaintiff
vs CivilAction
Leonidas A. Campbell, Semproneous H. Boyd,
Robert J. McElhaney Defendants
Now at this day comes the Plaintiff by attorney and files in open court his motion to quash the execution heretofore issued in this cause which motion is by the Court sustained and the execution ordered to be quashed.
p 743/744.
Bank of the State of Missouri Plaintiff
vs Civil Action
Lemuel H. Freeman, Green
Austin, Gabriel M. Freeman Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant, Green Austin, had been duly served with process as the law directs and the Defendants, Lemuel H. and G.M. Freeman, had been duly notified by publication in the Springfield Missourian for four weeks successively, the last insertion at least four weeks before the first day of the present term of the Court and having failed to plead, answer or demur to Plaintiff's petition, the same is taken as confessed and this action being founded on a promissory note for the direct payment of money whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $2000 debt and $162.33 interest and also $80 for damage for nonpayment of the same. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said debt, interest and damage as well as costs in this behalf laid out and expended and execution issue therefore and that a special fi fa issue against the following described real estate, viz: E 1/2 of Lots I & 2 NE E 1/2 SW and SE 1/4 Sect 5 Township 29 Range 21, SW SW Sect 16 TWP 30 Range 20, also, 10 shares Bank Stock in the branch Bank of the State of Missouri at Springfield and all or so much thereof as is necessary to be sold to satisfy the same.
125
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
IN VACATION
June 2nd 1863.
p 744.
Bank of the State of Missouri Plaintiff
vs Civil Action
William C. Price, John H. Price
and MarcusBoyd Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court files his petition in this cause asking for an order of Publication which by the court is granted.
John L. Rainey Plaintiff
vs Civil Action
Benjamin W. Cannefax Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that David C. Allen has been appointed administration of said estate. It is therefore ordered by the Court that the said David C. Allen be substituted as party Plaintiff in this cause.
p 744/745.
David C. Allen admin of estate
of John L. Rainey, deceased Plaintiff
vs Civil Action
Benjamin W. Cannefax Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly served with process as the law directs and having failed to plead, answer or demur to Plaintiff the same is taken as confessed and this action being founded on a promissory note signed by Defendant whereby the Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $1000 debt and also $55.51 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt, damage as well as his costs in this behalf laid out and expended and that execution may issue therefor and that this judgment be at 10% interest per annum.
p 745/746.
In Circuit Court Greene County, Mo. August Term 1863.
Bank of the State of Missouri Plaintiff
against
William C. Price, John H. Price
and Marcus Boyd Defendants
Now at this day comes the Plaintiff and by leave of Court files his petition founded on a promissory note against Defendants dated May 2nd 1861 payable four months after date to the order of William C. Price for the sum of $3250 payable at the branch of the Bank of the State of Missouri at Springfield, said note having been endorsed by said William C. Price and delivered to Plaintiff who is now the legal owner and holder of the same. The amount of which, after allowing all just credits and setoffs with legal interest thereon from four months after the date of said note and also for $120 damage for nonpayment the Plaintiff claims judgment. Said note was secured by a mortgage deed from said William C. Price to said Bank of the State of Missouri to the following real estate viz: Lot No one, two, three and four of Block one, and Lots No one, two, three and four in Block two in Price's Addition to the Town of Springfield, Missouri. Wherefore Plaintiff prays that the Equity of Redemption of the Defendant, W.C. Price, of, in and to said real estate be foreclosed and that the same, or so much thereof as is necessary to satisfy the judgment rendered. And it appearing to the satisfaction of the Court that the Defendants William C. Price and John H. Price, have absented themselves from
(continued)
126
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
IN VACATION JUNE 2nd 1863
p 745/746 (continued)
their usual places of abode in this State so that the ordinary process of law cannot be served upon them. It is therefore ordered that Publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least 4 weeks before the first day of the next term of the Court notifying said Defendants that suit has been commenced against them in said Court as above recited and unless they appear at the next term of this Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue, if not, then before the end of the term and plead, answer or demur to Plaintiff's petition, the same will be taken as confessed.
p 746.
In Circuit Court Greene County, Mo. August Term 1863.
H.C. Wilkerson, admin of
Andrew J. Wilkerson, deceased Plaintiff
against
Shelton A. McKinney & Jesse L. McKinney Defendants
Now at this day comes the Plaintiff and by leave of Court files his petition founded on two promissory notes against Defendants, one dated May 3rd, 1861, payable to A.J. Wilkerson for the sum of $150, bearing interest at the rate of 10% per annum from due until paid. The other note dated May 3rd, 1861, payable to A.J. Wilkerson thirty days after date for the sum of $100 bearing interest at the rate of 10% per annum from due until paid on said note is a credit of $10 dated 10th May 1961. And it appearing to the satisfaction of the Court that the Defendants are nonresidents of the State of Missouri so that the ordinary process of law cannot be served upon them. It is therefore ordered that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendants that suit has been commenced against them in said Court as above recited, and unless they appear at the next term of the Court which will be held on the first monday in August 1863 and on or before the third day thereof if the term shall so long continue, if not, then before the end of the term and plead, answer or demur to Plaintiff's petition, the same will be taken as confessed.
p 747.
Robert P. Faulkner Plaintiff
against Confession of Judgment
Herman Foster Defendant
Now at this day comes the Plaintiff in the above cause by attorney and files a note in open court against the Defendant for the sum of $1156.42 with a statement and confession made by said Herman Foster verified by affidavit of the said Herman Foster by which confession it appears to the satisfaction of the Court that said Herman Foster is indebted to the said Robert P. Faulkner for the sum of $1325.06 for his debt and damage and the said statement confesses judgment for the sum of $1325.06 and the Court being satisfied of the identity of the Defendant produced in Open court. It is therefore considered by the Court that the said Plaintiff have and recover of and from Defendant the said sum of $1325.06 with interest at the rate of 10% per annum, that being the rate of interest mentioned in said note as well as his costs in this behalf laid out and expended and that execution may issue therefor.
Granville Vaughan Plaintiff
against
John H. Miller Defendant
Now at this day comes the Plaintiff and asks to file his petition in this cause which is by the Court granted.
127
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
IN VACATION June 2nd 1863.
p 747.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John C. Price
Springfield, June 3rd 1863 Adjourned Term 3rd day.
Court met pursuant to adjournment. Present as on yesterday.
p 748.
Joel Phillips Plaintiff
vs Civil Action
William T. Carter Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court files his motion praying for an order of sale of perishable property levied on by the Sheriff.
James Eastham Plaintiff
vs Civil Action
Nancy Klipper & Pleasant Henderson Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court withdraws the note heretofore filed in this cause by leaving a certified copy of the same.
Bank of the State of Missouri Plaintiff
vs Civil Action
Frederick E. Wattison, et al Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court files his amended petition in this cause.
Joel Phillips Plaintiff
vs Civil Action
William T. Carter Defendant
Now at this day comes on to be heard the motion heretofore filed in this cause and all and singular the premises being seen and fully understood by the Court, said motion is by the Court overruled.
Ordered by the Court that the Clerk of this Court obtain a new seal for the Circuit Court of Greene County with the following device, viz: one and one half inches in diameter in the Centre a Shield radiated with the Scales of Justice in the face of said Shield 13 stars and the word "Missouri" underneath surrounded by the words "Seal Of The Circuit Court Greene County."
p 749.
Nathan P. Murphy Plaintiff
vs Final Judgment
John T. Smith Defendant
Now at this day comes the cause to a final hearing and the Plaintiff not requiring a Jury, the Court setting as a Jury doth find that the facts alledged in Plaintiff's petition are true and from the evidence adduced doth further find that the said Plaintiff ought to recover of Defendant the sum of $42.35 damage and costs of suit. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $42.39 and costs of suit, and that the following real estate attached, viz: N 1/2 of Lot No ten of Block Mo. two in the town of Springfield, Missouri, be sold to satisfy the same and that a special fi fa issue thereon.
128
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
IN VACATION June 3rd 1863.
p 749/750.
William North, William P. Scott,
Andrew J. Dreas Plaintiffs
against
JosephB. White & Ishmeal Lee Defendants
Now at this day comes on to be heard the above entitled cause and the said parties Plaintiff appearing by their attorney and it appearing to the satisfaction of the Court that said Defendant, Ishmeal Lee, had been duly summoned as the law directs at least fifteen days before the commencement of the present term of this Court by the delivery to him a copy of the petition and writ herein and that the said Defendant, Joseph B. White, has been duly notified by publication in the Springfield Journal, a newspaper printed in the State of Missouri, for four successive weeks, the last insertion thereof being at least four weeks before the commencement of the present term of this Court and this suit being founded on a promissory note for the direct payment of the sum of $476.53 bearing interest from October the 23rd 1861 up to the present time at the rate of 10% per annum and the said Defendants having wholly failed to plead, answer or demur to the petition of the Plaintiff on or before the 6th day of the present term of this Court. It is therefore considered by the Court that Plaintiffs have and recover of and from the said Defendants the sum in said note specified, to wit: the sum of $476.53 for their debt together with the further sum of $76.74 for their damage for the detention of t he same as well as their costs in this behalf laid out and expended and that execution issue therefor and that this judgment bear interest at the rate of 10% p.a.
p 750.
William North, William P.
Scott & Andrew J. Dreas Plaintiffs
against
A.A. Spillman & James T. Abernathy Defendants
Now at this day comes on to be heard the above entitled cause and the said parties Plaintiff appearing by their attorney and it appearing to the satisfaction of the Court that said Defendants have been duly notified by publication in the Springfield Journal, a newspaper printed in this State, for four successive weeks, the last insertion thereof being at least four weeks before the commencement of the present term of this Court and this suit being founded on two promissory notes, one for the direct payment of the sum of $122.78 bearing interest at the rate of 10% per annum from 9th October 1861 up to the present time. The other note for the direct payment of the sum of $301.15 bearing interest at the rate of 10% from 16th April 1861 up to the present time, and the said Defendants having wholly failed to plead, answer or demur to the petition of the Plaintiffs on or before the 6th day of the present term of this Court. It is therefore considered by the Court that Plaintiffs have and recover of and from said Defendants the sum in said notes specified, to wit: The sum of $423.93 for their debt, together with the further sum of $84.21 for their damage for the detention of the same as well as their costs in this behalf laid out and expended and that execution issue therefore and that this judgment bear 10% interest per annum.
p 750/751.
Zachariah Roberts Plaintiff
vs Civil Action
StephenBlackman and Elijah Hunt Defendants
Now at this day comes on to be heard the motion heretofore filed in this cause and all and singular the premises being seen and fully understood by the Court, said motion is by the Court overruled and the parties having announced themselves ready for trial, thereupon comes a Jury, viz: John T. Gardner, W.P. Dysart, John A. Carter, L.M.Bigbee, B.M. Henslee, Sam J. Whitlock, John W. Hall, W.R. Hendrick, C.C. Headlee, D.B. Rainey, Lansing Lyman and Thomas J. Epperson, 12 good and lawful men, who after taking the oath
(continued)
129
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
IN VACATION June 3rd 1863
p 750/751 (cont)
prescribed by the Convention were summoned to try the issue joined and after hearing the evidence and receiving the instructions of the Court after due deliberation returned into Court and by their foreman presented the following verdict, viz: We the Jury find for the Plaintiff and assess his damages in the amount of $237.50. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said damage as well as his costs in this behalf laid out and expended and that execution issue therefor and this judgment bear 10% interest per annum.
p 751/752.
In Circuit Court Greene County, Mo. August Term 1863.
Henry Sheppard & John S. Kimbrough Plaintiffs
against
Thomas D, Wooten Defendant
Now at this day comes the Plaintiffs and file their petition with the Clerk founded on two promissory notes against Defendant dated January 25th 1860, payable to Plaintiffs one 12 months after date for the sum of $200 with the interest at the rate of 10% per annum from date until paid. The other note for $200 payable 24 months after date with interest at 10% per annum until paid. The amount for which Plaintiffs claim judgment after allowing all just credits and setoffs is $400 and interest thereon. And it appearing from the affidavit of the Plaintiff that the Defendant has left his usual place of abode in this State so that the ordinary process of law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for 4 weeks successively the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next term of this Court which will be held on the first Monday in August 1863 and on or before the sixth day thereof if the term shall so long continue, if not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
June 4th 1863 adjourned term.
Court met pursuant to adjournment. Present as on yesterday.
p 753.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, and acknowledges in open court the executing and delivery of a deed to S.D. Phillips to the following described real estate. viz: Lot 1 NW fcl 1/4 Sec 5 Twp 29 Range 23, said Phillips being the first and last Bidder for said real estate under an execution issued in the above named cause.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of deed to Bedford W. Henslee.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of deed to Sarah A. Giboney.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of deed to John Schmoke.
p 742.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of deed to A. Moody.
130
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
IN VACATION June 4th 1863
p 754 (cont)
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of deed to John Schmoke.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of a deed to Charles McCoy.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of deed to Washington Merritt.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of a deed to H.S. Fair.
p 755.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of a deed to J.P. Edward.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of a deed to James Vaughn & Morris M. McCluer.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo. and acknowledges the execution and delivery of a deed to Morris McCluer.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of a deed to J.W.D.L.F. Mack & James W. Mack.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of a deed to John L. Davis & Jesse Mankin.
p 756.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of a deed to Joseph Evans.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of a deed to J.M. Redfearn.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of a deed to Eli Spook.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of a deed to Thomas H. Tiller.
Now at this day into open court comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges the execution and delivery of a deed to William B. Farmer.
p 757.
Now at this day comes Thomas A Reed Sheriff of Greene County, Mo., and acknowledges in open court the executing and delivery of a deed to Henry Sheppard.
Now at this day comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges in open court the executing and delivery of a deed to Henry Sheppard.
Now at this day comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges in open court the executing and delivery of a deed to Henry Sheppard.
131
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
IN VACATION June 4th 1863
p 757.
Now at this day comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges in open court the executing and delivery of a deed to William J. McDaniel.
Now at this day comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges in open court the executing and delivery of a deed to Alexander Evans & J.S. Robinson.
p 758.
Now at this day comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges in open court the executing and delivery of a deed to B. Headlee & N. Brown.
Now at this day comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges in open court the executing and delivery of a deed to Alsey Oneal.
Now at this day comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges in open court the executing and delivery of a deed to H.J. Lindenbower.
Now at this day comes Thomas A. Reed Sheriff of Greene County, Mo., and acknowledges in open court the executing and delivery of a deed to Charles Sheppard.
p 759.
Thomas J.Bailey Plaintiff
against Civil Action
George D. Haden Defendant
Now at this day comes the Plaintiff in the above cause and pays the costs and dismisses his suit in vacation.
W.B. Logan Plaintiff
against Civil Action
Thomas H. Cox Defendant
Now at this day comes the Plaintiff in the above cause and pays the costs and dismisses his suit in vacation.
Now at this day comes Thomas A. Reed Sheriff of Greene County, Mo., into open court and acknowledges the execution of a deed to Charles McCoy to the following described real estate, viz: SW 1/4 of Sect No 34 TWP 29 Range 22. Said McCoy being the purchaser of said land under an execution issued from the office of the Circuit Clerk of said County in favor of John S. Rainey and against Benjamin W. Cannefax.
P. 760 Blank
P. 761 Blank
p 762. June 5th 1863.
In Circuit Court Greene County, Mo. August Term 1863
Eli G. Paris admin of estate
of John Young, deceased Plaintiff
against
Thomas D. Wooten Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note signed by John Young and Thomas D. Wooten on 25 day of December 1859 for the sum of $1000. Plaintiff states that he paid the whole of said note and the amount for which he claims judgment is $500 with interest from March 9 1859 also his
(continued)
132
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
IN VACATION June 4th 1863.
p 762 (cont)
affidavit stating that Defendant has absented himself from his usual place of abode in this State so that the ordinary process of law cannot be served upon him. It is there fore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four succesive weeks before the first day of the next term of this Court notifying said Defendant that an action has been commenced against him by petition as above recited and unless he appears at the next term of said Court which will commence on the first Monday in August 1863 and on or before the sixth day thereof if the term shall so long continue if not then before the end of the term answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. M.J. Hubble Clerk
p 762/763.
In Circuit Court Greene County, Mo., August Term 1863
William R. West Plaintiff
vs
Andrew Thompson, Robert Horn,
W.M.Blackman, Ripley B. Weaver Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk, the object of which is to recover a judgment against Defendants for the sum of $5000 for false imprisonment and ill treatment received at the hands of Defendants and also for the sum of $100 for property taken from Plaintiff by Defendants all of which was done in the year 1862 in the State of Missouri, also his affidavit stating that Defendants have absented themselves from their usual places of abode in this State so that the ordinary process of law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion at least four weeks before the first day of the next term of this Court notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of said Court which will commence on the first Monday in August 1863 and On or before the 6th day thereof, if the term shall so long continue, if not, then before the end of the term answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same.
M.J. Hubble Clerk
p 764.
In Circuit Court Greene County, Mo., August Term 1863
Eli G. Paris, admin estate of
John Young, deceased Plaintiff
vs
Thomas D. Wooten Defendant
Now at this day comes Plaintiff and files his petition for money paid to the use and behoof of Defendant the sum of $500 with interest from first March 1859 paid for said Defendant on a promissory note given by John Young deceased and said Defendant to James Barnes one on first March 1859 for the following land lying and being in Greene County, State of Missouri and deeded to said Young and Wooten Record Book J page 81 W 1/2 of NW 1/4 Sect 33 E 1/2 NW 1/4 Sect 33 TWP 29 Range 21 W containing 320 acres on which Plaintiff claims vendors lien that same be sold to satisfy any judgment he may recover and Plaintiff by his agent John S.Bigbee makes affidavit that the residence of Defendant is unknown to him and the Clerk of Circuit Court being satisfied that the ordinary process of law cannot be served upon him. It is therefore ordered by the undersigned Clerk,
(continued)
133
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863
IN VACATION June 4th 1863
p 764 (cont)
in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four successive weeks the last insertion at least four weeks before the next term of this Court notifying said Defendant that an action has been commenced against him by petition as above recited and unless he appears at the next term of this Court which will commence On the first Monday in August 1863 and on or before the 6th day thereof if the term shall so long continue, if not, then before the end of the term and answer or demur to said Plaintiff's petition the same will be taken as confessed and judgment rendered as prayed for and his property sold to satisfy the same.
M.J. Hubble Clerk
In Circuit Court Greene County, Mo., August Term 1863
William R. Watts Plaintiff
against
Andrew Thompson, Robert Horn,
W.W.Black, Ripley B. Weaver Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk the object of which is to recover five thousand for false imprisonment and ill treatment received at the hands of Defendants and also for the sum of one hundred dollars for property taken from Plaintiff by Defendants all of which was done in 1862 in the State of Missouri also his affidavit stating that Defendants have absented themselves from their usual places of abode in this State so that the ordinary process of law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four successive weeks, the last insertion at least four weeks before the first day of the next term of the Court notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of said Court which will commence on the first Monday in August 1863 and on or before the 6th day thereof if the term shall so long continue, if not, then before the end of the term and answer or demur to said Plaintiff's petition the same will be taken as confessed and judgment rendered as prayed for and his property sold to satisfy the same.
M.J. Hubble Clerk
p 765
In Circuit Court Greene County, Mo., August Term 1863
Thomas C. Rainey Plaintiff
against
Jonathan W. Wilks & William S. Wilks Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note dated September 3rd 1860 payable one day after date for the sum of $117 for which sum and interest thereon from date Plaintiff asks judgment. Also, his affi davit stating that Defendants have absented themselves from their usual places of abode in this State so that the ordinary process of law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court in vacation that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion at least four weeks before the first day of the next term of this Court notifying said Defendants that an action be commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they be and appear at the next term of this Court which will be held on the first Monday in August 1863 and on or before the 6th day thereof if the time shall so long continue if not then before the end of the term judgment will be rendered against them and their property sold to satisfy the same.
M.J. Hubble Clerk
134
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1863 June 4th 1863
IN VACATION
p 766.
In Circuit Court Greene County, Mo. August Term 1863
James Eastham Plaintiff
against
Jarvis M.Barker, William L.
Hancock & Robert W. Crawford Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note dated January 29 1861 payable to Plaintiff 60 days after date with interest at the rate of 10% per annum from date which interest if not paid annually to become principal and bear the same rate of interest. The amount for which Plaintiff claims judgment is $393 with 10% interest from 1st June 1862 and it appearing from the affidavit of Plaintiff that Defendants William L. Hancock and Jarvis N.Barker have absented themselves from their usual places of abode in this state so that the usual process of law cannot be served upon them. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Journal, a newspaper printed in the State of Missouri, for four weeks successively, the last insertion at least four weeks before the first day of the next term of this Court notify ing said Defendants that an action be commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they be and appear at the next term of this Court which will be held on the first Monday in August 1863 and on or before the 6th day thereof if the time shall so long continue if not then before the end of the term judgment will be rendered against them and their property sold to satisfy the same. M.J. Hubble Clerk
END OF BOOK E.
121
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