Abstract of Circuit Court Record Books 1846 - 1852

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Special Adjourned Session August 1847
Book C.

Monday morning 9 August 1847. Court met persuant to adjournment. Present as on 21st day of May 1847.

p 223.
On a motion it is ordered that the preamble and resolutions which were adopted at the called session of the Circuit Court of Lawrence County, Mo., July 1847 be read respecting the death of James A. Chapman, deceased, after the reading of which the said preamble and resolutions are concurred in here.

p 223/224.
This day come John B. Beiderlinden, a native of Germany, who had declared his intention of at least two years before that it was bonafide his intention to become a Citizen of the United States and that the Court being satisfied that he resided within the United States five years and more than one year in the State of Missouri and the Court being also satisfied that during all that time he has behaved as a man of good moral character attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the same. And the said Beiderlinden took an oath to support the Constitution of the United States and that he does entirely and absolutely renounce and abjure all allegeance and fidelity to every foreign prince, potentate, state or sovereignty whatever and particularly to William, the Third Duke of that name of Nassau in Germany whereof I was before a citizen and subject.
John B. Beiderlinden

Sworn to and subscribed in Open Court before the Circuit Court of Greene County, Missouri this 9th day of August 1847.
J. Davis - Clerk.

p 224.
It is ordered by the Court that the time of pleading in all causes now pending in this Court is extended until the 5th Monday in August, 1847. The same may be filed on the 5th Monday in August 1847, Monday Morning -
30 August 1847. Court met persuant to adjournment. Present as on the
9th day of August 1847.

Now at this day the official bond of Joshua Davis as Clerk of this Court and also his official bond as recorder of the County of Greene were exhibited in Open Court and by the Court approved.

p 224/225.
Josiah Burney Complainant
vs                                                   In Chancery
William Cox, et al Defendants
Now at this day comes the said Complainant by his solicitor and the said Defendants and each of them having failed to appear herein within the first six days of the present term of this Court and show good cause for not before appearing and the said Defendants being severally thrice solemnly called and coming not it is ordered adjudged and decreed by the Court that the interlocutory decree made herein at the last term of this Court be made absolute and that the contract of sale in said bill mentioned be specifically performed and that the said Cox pay to the said cooplainant the sum of $536.34 the same being the amount of purchase money found by the Court to be due from the said Cox to the said Complainant convey to said Cox the land in said bill mentioned, to wit: the W 1/2 of the NW 1/4 of Sect No. 16 the E 1/2 of the NE 1/4 of Sect No. 8 the NE 1/4 of the SE 1/4 of Sect No. 8 the E 1/2 of the NE 1/4 Sect No. 17 the W 1/2 of the SW 1/4 of Sect No. 9 and the W 1/2 of the NW 1/4 of Sect No. 9 all lying in Township No. 30 of Range No. 24 containing in all about 440 acres and also that the said Complainant have and recover of and from the said Defendants his costs in this behalf laid out and expended and that an execution issue
(continued)

42
GREENE COUNTY, MISSOURI, CIRCUIT COURT CAEES

Book C.
Special Adjourned Session

p 224/225 (continued)
commanding the Sheriff of the County of Greene to cause to be made of said lands and the said sum of $536.34 with interest on the sum from the present time until the same be made at the rate of 10% per annum and also the costs of this suit unless the said Cox shall before the complete execution of such execution pay to said Sheriff the full amount of said purchase money interests and costs aforesaid in which case the said Sheriff shall stay all further proceedings on such execution.

Burton A. James, impleaded with William Cox, et al
vs                                                   In Chancery
Josiah Burney
Now at this day comes the said James by his solicitors and the parties to this suit having failed to show any cause why the prayer of the said James in his petition should not be granted and it appearing to the Court that the said James is the first incumbrancer on the lands in this said complaints bill mentioned under the said Cox which is by mortgage of said lands executed by said Cox on which there is now due the sum of $274.54. It is therefore ordered adjudged and decreed by the Court that the money made by the Sheriff of Greene County from a sale of the lands in said complaints bill mentioned be applied after paying to the said Complaintant the amount, decreed to be paid to him with the interest thereon as also the costs of tbis suit next to the payment of the said James of the said sum of $274.54 together with tntcrest on the same from this time until the same be paid at the rate of per annum if said lands should bring sufficient to make such payment so far as the same will extend.

p 226/227.
Joseph Farrier Plaintiff
vs                                                   Petition in Debt
Littleberry Hendrick, John S. Waddill,
Joseph Burden Defendants
Now at this day come the parties aforesaid and the said Defendants say that they cannot deny that they owe and stand justly indebted to the said Plaintiff in the sum of $348.20 and that the said Plaintiff has sustained damages by reason of the detention thereof in the sum of $61.30. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the said sum of $348.20 for his debt and $61.30 for his damages together with his costs in this behalf laid out and expended for all of which execution may issue.

p 227 - nil.

p 228.
Peter J. Weis Plaintiff
vs                                                   Appeal
William Martin Defendant
Now at this day came the parties aforesaid by their respective attorneys and by agreement of parties this cause is dismissed at the costs of said Defendant. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant his costs and charges as well in this Court as the Court below and that
execution issue therefor.

p 229.
Tuesday Morning August 31st 1847 Court met persuant to adjournment. Present as yesterday.

John S. Phelps Plaintiff
vs                                                   Appeal from J.P.
Joseph H. Miller Defendant
Now at this day comes the said Plaintiff in his own proper person and the said Defendant
(continued)

43
GREENE COUN'TY, MISSOURI, CIRCUIT COURT CASES

Book C.
Special Adjourned Session

p 229 (continued)
by his attorney and neither party requiring a Jury, this cause is submitted to the Court who after hearing the evidence does find that the said Defendant owes and stands justly indebted to the said Plaintiff in the sum of $15 and that the said Plaintiff has sustained damage by reason of the detention thereof in the sum of $8.16. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $15 for his debt as well as the said sum of $8.16 for his damages together with his costs in this behalf laid out and expended for all of which execution may issue.

p 230 - nil

p 231. 3rd day of Adjourned Session 1 September 1847.
Griffin P. Sanders as Executor of William Sanders, deceased.
vs                                                   Sciri facias
James W. Blakey
Now at thisday came the parties aforesaid by their respective attorneys upon which the record aforesaid being seen and inspected by the Court here it sufficiently appears to the same Court that there is such a record of recovery against him, the said James W. Blakey at the suit of the said William Sanders deceased as the said Griffin P. Sanders as Executor of the said William Sanders deceased has above in that behalf alledged Therefore it is considered by the Court here that the said Judgment in the said sciri facias mentioned against the said James W. Blakey be revived in the name of the said Griffin P. Sanders as Executor of the Last Will and Testament of the said William P. Sanders deceased and that the said Griffin P. Sanders as Executor as aforesaid have execution against the said James W. Blakey for as well the debt, damages and costs in the Writ of sciri facias aforesaid mentioned according to the force form and effect of the recovery aforesaid as also that he have and recover of and from the said James W. Blakey his costs and charges in this behalf laid out and expended and that he have execution therefor.

Larkin Payne Plaintiff
vs                                                   Appeal fran J.P.
Benjamin W. Cannefax and William D. Garrison Defendants
Now at this day came the parties aforesaid by their respective attorneys and neither party requiring a Jury this cause is submitted to the Court who after hearing the evidence does find that the said Defendant Cannefax is not guilty of the trespasses charged against him and that the said Defendant Garrison is guilty of the said trespasses as charged by the said Plaintiff and that the timber cut down is worth the sum of three dollars. It is therefore considered by the Court that the said Plaintiff take nothing by his said suit against the said Cannefax and that the said Cannefax be hereof discharged and go hence without day. And it is further considered by the Court that the said Plaintiff have and recover of and from the said Garrison and Edward Moore, his security in his recognizance the sum of nine dollars, treble the value of said timber together with his costs and charges in this behalf expended and that execution issue therefor.

p 232 - nil.

p 233.
James W. Blakey
vs                                                   Bill in Chancery No. 2.
Griffin P. Sanders, Executor of William Sanders, deceased
Now at this day comes the said Complainant by his solicitors and says that he will not further prosecute his said suit against the said Defendant but will voluntarily suffer his said bill to be dismissed. It is therefore ordered, adjudged and decreed by the Court that the said Complainant take nothing by his said suit and that said bill be
(continued)

44
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
Special Adjourned Session

p 233 - continued-
dismissed and that the said Defendant have and recover of and from the said Complainant his costs and charges in this behalf laid out and expended and that execution issue therefor.

p 234.
James W. Blakey
vs                                                   Sciri Facias
Griffin P. Sanders, Executor of William Sanders deceased
Now at this day comes the said Defendant by his attorneys and files herein his affidavit for an appeal and the said James W. Blakey as principal and David Johnson and Arnasa Maurier Jr came here into Court in their own proper person and acknowledged themselves to owe and stand justly indebted to the said Griffin P. Sanders as Executor of William Sanders deceased in the sum of $25O0 to be levied of their respective goods and chattles lands and tenements to be void however upon this condition whereas the said James W. Blakey is about taking an appeal from the Judgment rendered in this cause to the Supreme Court of the State of Missouri. Now if the said James W. Blakey will prosecute his appeal with due diligence to a decision in the Supreme Court and if the Judgment appealed from is affirmed or his appeal dismissed he will pay whatever of debt, damages and costs have been recovered against him by the Judgment of this Circuit Court together with the interest that shall grow due thereon or if he will otherwise perform the Judgment of this Circuit Court and if he will also pay the costs and damages that may be adjudged against him in the Supreme Court upon his appeal then this recognizance shall be void and thereupon the said Defendant prays an appeal to the Supreme Court and it is ordered by the Court that said appeal be allowed.

p 235. 2 September 1847.
Yancey G. Warren Plaintiff
vs                                                   Attachment
William Cox Defendant
Now at this day came the parties aforesaid by their respective attorneys and thereupon came a Jury, to wit: Hiram Smith 1. Asa Lyman 2. James Lee 3. Stephen Samuels 4. William S. Wilkes 5. Wiley Gregory 6. Joshua Horn 7. Alexander Lee 8. Randolph Moore 9. James H. Stewart 10. Archibald McCoy 11. James S. Whorter 12. good and lawful men who being duly sworn well and truly to try this issue joined by the parties aforesaid on the said Defendant's plea, in the nature of a plea, in abatement upon their oaths do say that we the Jury find the issue aforesaid joined between the parties for the said Plaintiff. It is therefore considered by the Court that the said Defendant answer over to the action of the said Plaintiff and that the said Plaintiff have and recover of and from this said Defendant his costs in and about said plea in abatement laid out and expended.

The State of Missouri in the relation and to the use of America Rainey
vs                                                   Debt on Administration Bond
Isaac Woods, Henry Hickman and Jesse Hickman
Now at this day came the parties aforesaid and said Plaintiff by William Townsend curator of the said America Rainey and the said Defendants by their attorneys and there upon by agreement of the parties aforesaid a Jury is dispensed with and this cause is submitted to the Court for the Court as a Jury to inquire into the truth of the breaches of the said condition of the said writing obligatory in said Plaintiff's declaration assigned and to assess the damages by the said Plaintiff sustained thereby and thereupon the Court does find that the third breach assigned in the said Plaintiff's declaration is true and that the said Plaintiff has sustained damages thereby to the amount of $269.92. It is therefore considered by the Court that the said Plaintiff in the relation
(continued)

45
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
Special Adjourned Session

p 235 - continued -
and to the use of America Rainey have and recover of and from the said Defendants the said sum of $3627 for her Debt aforesaid together with her costs and charges in this behalf laid out and expended in the relation and to the use of America Rainey have execution for the sum of $269.92 the damages assessed as aforesaid as well as for the costs aforesaid.

p 236.
The State of Missouri in the relation to the use of William Townsend and Emily his wife.
vs                                                   Debt on Administration Bond
Isaac Woods, Henry Hickman and Jesse Hickmn
Now at this day come the parties aforesaid by their respective attorneys and thereupon by agreement of the parties aforesaid a Jury is dispensed with and this cause is submitted to the Court for the Court as a Jury to inquire into the truth of the breaches of the said condition of this said writing obligatory in said Plaintiffs declaration assigned and to assess the damages by the said Plaintiff sustained thereby and thereupon the Court does find that the third breach assigned to the said Plaintff's declaration is true and that the said Plaintiff has sustained damages thereby to the amount of $269.92. It is therefore considered by the Court that the said Plaintiff in the relation and to the use of the said William Townsend and Emily his wife have and recover of and from the said Defendants the said sum of $3627 for her debt together with her costs and charges in this behalf laid out and expended and it is further considered by the Court that the said Plaintiff in the relation and to the use of the said William Townsend and Emily his wife have execution for the sum of $269.92 the damages assessed as aforesaid as well as for the costs aforesaid.

p 238.
Hiram Smith Plaintiff
vs                                                   Trespass-
Samuel Harris Defendant
Now at this day came the parties aforesaid and thereupon came a Jury - to wit: Benjamin Bedford 1. James M. Apperson 2. Thomas McManus 3. John B. Cox 4. Thomas Beasley 5. William Townsend 6., six good and lawful men who are by consent of the parties duly elected tried and sworn well and truly to try the issue joined between the parties aforesaid return into Court that they cannot agree and therefore the said Jury are by the Court with consent of parties discharged.

p 239 - nil -

END OF ADJOURNED SESSION.

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