Abstract of Circuit Court Record Books 1853 - 1856

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Adjourned Session 19th August 1853

p 98.
John Weaver
against                                                   Attachment
Caleb Horn
This day comes again the aforesaid parties by their respective attorneys and the motion for an alias attachment heretofore filed coming on to be heard, and all and singular the premises being seen and by the Court well understood it is considered
(continued)

18
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
ADJOURNED SESSION 19th AUGUST 1853

p 98 (continued)
by the Court that the said motion be overruled and it is ordered by the Court that the Sheriff of Greene County refund to the said Defendant Caleb Horn the amount of money received of said Defendant by sales of Defendant's property or otherwise by virtue of an attachment sued out by Plaintiff against said Defendant, which said attachment was quashed at the last term of this Court and that the said Defendant have and recover of and from the said Plaintiff his costs herein expended for all of which execution may issue.

Thomas Potter
to
James L. Mcquerter
This day comes Thomas Potter who is known to the Court to be the identical same person whose name appears to an instrument of writing purporting to be a Sheriff's Deed, and who is also known to the Court to be the Sheriff of Greene County and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

p 99.
William H. Blakey Plaintiff
against                                        Civil Action in the Circuit Court May Term l852.
John H. Miller, Permelia M. Miller his wife,
Reuben E. Blakey, George D. Blakey, Thomas C.
Blakey, Mary E. Blakey, Jaines W. Blakey and
Reuben E. Blakey as administrator on the estate of James W. Blakey Defendants
This day came the Plaintiff by his attorneys and the Defendants, to wit:
John H. Miller and Permelia M. Miller his wife, Reuben E. Blakey, George D. Blakey in their own person and Mary E. Blakey, Thomas C. Blakey, James W. Blakey by their guardian John fi. Miller and Reuben E. Blakey as administrator on the estate of James W. Blakey deceased in their own proper person and neither party requiring a Jury the cause was submitted to the Court and the Court sitting as a Jury do find from the evidence in this cause and the answer of the Defendants that the said James W. Blakey deceased did in his lifetime give to the said Plaintiff William H. Blakey deceased did in his lifetime give to the said Plaintiff William fi. Blakey some time in the year A.D. 1846 the following piece of land to wit: E 1/2 of NE1/4 of Sect 11 TWP 28 Range 22 and the said William H. Blakey immediately took possession of said land and continued to improve the same up to the present time and that the said William H. Blakey has made valuable improvements on said lands and it further appearing to the satisfaction of the Court that the said Plaintiff William H Blakey on or about the 18th day of November 1845 purchased of said deceased the SW 1/4 of the NE 1/4 of Sect 11 TWP 28 Range 22 W all of which is situate in the County of Greene, State of Missouri and that the said William H. Blakey paid the said James W. Blakey deceased the sum of fifty dollars for said land mentioned tract of land and that the Plaintiff William H. Blakey immediately took possession of said tract and made valuable improvements thereon, and it appearing to the satisfaction of the Court, that it was the intention of said James W. Blakey deceased to make to the said William H. Blakey the laintiff a compleat title to said tracts of land, and it further appearing to the satisfaction of the Court that great hardship and injustice would be done to said William H. Blakey by his failing to obtain a title to said land the premises being seen and fully understood by the Court it is adjudged and decreed by the Court that all the rights titles interests and claims that the said James W. Blakey deceased had to the above described tracts of land at the time of the said Plaintiff W.H. Blakey took possession thereof made the aforesaid gift by said James W. Blakey
(continued)

19
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
ADJOURNED SESSION 19th AUGUST 1S53

p 99 (continued)
deceased to said William H. Blakey and also under the purchases made by the said William H. Blakey of and from the said James W. Blakey deceased is hereby adjudged and decreed to be rested in the said William H. Blakey and all rights title and interest and claims that the said James W. Blakey had at any time during his life to the above described land be and the same is hereby adjudged and decreed to said William H. Blakey and all the right title interest and claim that the said above mentioned defendants had to the above land as heirs of the said James W. Blakey deceased is hereby decreed to vested in the said Plaintiff Wm H. Blakey and that he have his costs and charges in this suit laid out and expended.

P100/101
John fi. Miller & Parmelia M. Miller wife of the said John H. Miller
against                                                   In the Circuit Court May Term 1852.
William II. Blakey, Reuben E. Blakey Elizabeth F. Blakey, George D. Blakey,
Thomas C. Blakey, Mary E. Blakey and James W. Blakey grd Reuben E. Blakey
and Wm H. Blakey as administrator
This day comes the Plaintiff by his attorneys and the Defendants to wit:William H. Blakey, Reuben E. Blakey, eorge D. Blakey in their own person and Mary E. Blakey, Thomas C. Blakey, James W. Blakey by there guardian William H. Blakey and Reuben E. Blakey, William fi. Blakey as administrators on the estate of James W. Blakey deceased in there own proper persons and neither parties requireing a Jury the cause was submitted to the Court and the Court sitting as a Jury do find from the evidence in this cause and the answer of the Defendants that the said James W. Blakey deceased did in his lifetime give to the said Plaintiffs John H. Miller and Permelia M. Miller some time in the year 1849 or 1850 the following peace of land to wit: the SE 1/4 of the SE 1/4 of Section 2 in Township 28 of Range 22 W and the said John H. Miller and PArmelia Miller his wife imediately took possession of the said land and continued to improve the same up to the present time and that the said John H. Miller has made valuable improvements on said land and it further appearing to the satisfaction of the Court that the said James W. Blakey deceased did in his lifetime give to the said Plaintiff some time in the year 1849 or 1850 the following described real estate, to wit: the SE 1/4 of Section 2 Township 28 Range 22W, and that the said John H. Miller immediately took possession of said land and continued to improve the same up to the present time, and that the said John H. Miller has made valuable improvements on said land and it appearing to the satisfaction of the Court that it was the intention of the said James W. Blakey deceased to make the said John H. Miller, the Plaintiff, a complete title to said tract of land and it further appearing to the satisfaction of the Court that great hardship and injustice would be done to said John HI. Miller by his failing to obtain a title to said land, the premises being seen and by the Court fully understood. It is adjudged and decreed by the Court that all the right, title, interest and claim that the said James W. Blakey has to the above tract of land at the time the said Plaintiff John H. Miller took possession and thereof made the aforesaid gift made by James W. Blakey, deceased, to said John H. Miller and also under the perchas made by John H. Miller of and from said James fi. Blakey, deceased, is hereby adjudged and decreed to be vested in the said John fi. Miller and all rights title and interest and claims that the said James W. Blakey had at any time during his life to the above described land be and the same is hereby adjudged and decreaed to the said John H. Miller and all the rights, titles, interests and claims that the said above mentioned Defendants had to the above land as heirs of the said
(continued)

20
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
ADJOURNED SESSION 19th AUGUST 1853

p 100/101 (continued)
James W. Blakey deceased is hereby decreaed to rest in the said Plaintiff John H. Miller and that be have his costs and charges in this suit laid out and expended.

p 101.
Reuben E. Blakey Plaintiff
against                                  In The Circuit Court Greene County May Term 1852,
Elizabeth F. Blakey, William H. Blakey, John H. Miller
and Permelia Miller his wife, George D. Blakey, Mary
E. Blakey, Thomas C. Blakey and James W. Blakey Jr
and William H. Blakey as administrator of the estate
of James W. Blakey deceased Defendants
This day came the Plaintiff by his attorney and the Defendants, to wit: John H. Miller and Permelia M. Miller his wife, George D. Blakey in there own person and Mary E. Blakey, Thomas C. Blakey, James W. Blakey by there guardian John H. Miller and William F. Blakey as administrators on the estate of James W. Blakey, deceased, in their own proper person and neither party requiring a Jury the cause was submitted to the Court and the Court siting as a Jury do find from the evidence in this cause and the answer of the Defendants that the said James W. Blakey, deceased, did in his lifetime give to the said Plaintiff Reuben E. Blakey some time in the year 1847 or 1848 the following peace of land, to wit: the W 1/2 of the NW 3/4 Sect 12 TWP 28 Range 22 W and the said-Reuben E. Blakey immediately took possession of the said land and continued to improve the same up to the present time and that the said Reuben E. Blakey has maid valuable improvements on said land and it further appearing to the satisfaction of the Court-that the said Plaintiff Reuben E. Blakey, on or about the year 1847 purchased of the said deceased the above described said tract of land situated in Greene County and the State of Missouri and the said Reuben E. Blakey paid the said James W. Blakey, deceased, the sum of fifty dollars for said mentioned tract of land. And it further appearing to the satisfaction of the Court that it was the intention of the said James W. Blakey, deceased, to make the said Reuben E. Blakey, the Plaintiff, a compleat title to said tract of land and it further appearing to the satisfaction of the Court that great injury and hardship would be done to said Reuben E. Blakey by his failing to obtain a title to said land and the premises being seen and fully understood by the Court it is adjudged and decreaed by the Court that all the right and title, interest-and claims that the said James W. Blakey deceased had to the above described track of land at the time the said Plaintiff Reuben E. Blakey took possession thereof made the
above said gift by the said James W. Blakey, deceased, to said Reuben E. Blakey and also under the purchased of the said R.E. Blakey of and from the same James W. Blakey deceased is hereby adjudged and decreaed to be vested in the said Reuben E. Blakey and all rights, titles, interests and claims that the said James W. Blakey had in his life-
time to the above described land be and the same is hereby adjudged and decreaed to-said R.E. Blakey and all the rights, titles, interests and claims that the above mentioned Defendants had to the above land and as heirs of James W. Blakey, deceased, is hereby decreaed to vest in the said Plaintiff R.E. Blakey and that he have his costs and charges in this suit laid out and expended.

p 102.
A. Tappan and Co Plaintiff
against                                                   Judgement
John S. Phelps and Mary Phelps Defendants
Be it remembered that this 22nd day of September 1853 personally came before the undersigned clerk of the Circuit Court for Greene County aforesaid Littleberry Hendrick Esq who is personally known to me to be the attorney of record in said cause for the
(continued)

21
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D
ADJOURNED SESSION 19TH AUGUST 1853

p. 102 (cont)
Plaintiff and acknowledged satisfaction of the debt or damages to havae been made to him as the attorney of record in this cause, by the said John S. Phelps, one of the Defendants in this case on this day and which judgment was rendered at the May Term 1850 of this Court.

Test. Joshua Davis Clerk
Hendrick atty for Pfts.

Table of Contents