Abstract of Circuit Court Record Books 1846 - 1852

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

December Term 1850

2 December 1850
p 401.
At a regular term of the Greene Circuit Court begun and held at the Court House in the City of Springfield on Monday 2nd day of December A.D. 1850 - present the Honorable Charles L. Yancey Circuit Judge - John T. Coffee, Esq. Circuit Attorney - George W. Kelley Sheriff of Greene County - Joshua Davis Clerk. The Sheriff returned into Court the following Panel of a Grand Jury, to wit: John S. Kimbrough foreman, David Morton, William Killingsworth, Mathis Kelly, William Prior, Robert B. Edmonson, Robert Pau, John B. Robinson, George F. Howard, David Reynolds, Samuel McDaniel, Denny Turner, Joseph R. McCarmack, James M. Allen, James Watts, John L. Casebolt, Isaac Hendrick, seventeen good and lawful men who sworn a Grand Jury for the body of the County of Greene received their charge and retired to consider of their duties.

State of Missouri Plaintiff
vs                                                   Indictment
William J. Potter Defendant
This day came as well the Circuit Attorney and the said Defendant and the said Defendant
(continued)

106
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
December Court 1850

p 401 (continued)
produced and filed herein his petition sworn to as the Law requires for a change of venue in said cause and the same being duly considered, it is considered by the Court that a Change of Venue be awarded said cause to the county of Lawrence and it is ordered that the Clerk of the Court make out a transcript of said cause and transmit the same to the Clerk of the Lawrence Circuit Court as the Law directs.

p 401/402.
Bank of the State of Missouri Plaintiff
against                                                   Debt
John M. Richardson Defendant
This day came the Plaintiff by her attorney and it appearing to the Court that said Defendant in vacation confessed a Judgment in favor of said Plaintiff. It is considered by the Court that said Plaintiff recover of said Defendant the amount of said Judgment the sum of $300 Debt and nine dollars damages and also her costs herein expended and that execution issue therefor.

p 402.
It is ordered that H.W. Riley esq have leave to sign the roll of Practicing Attorneys of this Court.

The State of Missouri Plaintiff
vs                                                   Indictment for Gaming
A.J. Klepper Defendant
This day came as well the Circuit Attorney who prosecutes for the State of Missouri and the said Defendant in his own proper person who for plea says he is not guilty in manner and form as he is charged in said Indictment and for trial puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: Samuel Agnew, Joseph Jones, Joseph H. Miller, James Folden, Charles McClure, Matthew Chapman, Charles A. Hayden, A. Lawing, Oliver P. Cates, Thomas J.M. Hawkins, William Phillips and Briant Crow, twelve good and lawful men who being elected, tried and sworn to try this cause returned the following verdict "We the Jury find the Defendant not guilty in manner and form as he is charged in the Indictment." It is therefore considered by the Court that said Defendant be fully discharged from this prosecution and go hence without day.

p 403.
State of Missouri Plaintiff
vs                                                   Indictment Playing Cards on Sunday
Robert Gooden Defendant
This day came personally into open Court said Defendant who says that he is guilty as charged in the Indictment and puts himself on the mercy of the Court. It is considered by the Court that he make his fine by payment to the Plaintiff of one dollar and also the costs herein expended and that execution issue with a capias clause.

State of Missouri Plaintiff
vs                                                   Indictment Playing Cards on Sunday
Marion Gilmore Defendant
This day came personally into open Court said Defendant who says that he is guilty as charged in the Indictment and puts himself on the mercy of the Court. It is considered by the Court that he make his fine by payment to the Plaintiff of one dollar and also the costs herein expended and that execution issue with a capias clause.

107
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
DECEMBER Court 1850

p 403.
State of Missouri Plaintiff
vs                                                   Indictment Playing Cards on Sunday
Robert C. Hasting Defendant
This day came personally into open Court said Defendant who says that he is guilty as charged in the Indictment and puts himself on the mercy of the Court. It is considered by the Court that he make his fine by payment to the Plaintiff of one dollar and also the costs herein expended and that execution issue with a capias clause.

p 404.
State of Missouri Plaintiff
vs                                                   Indictment Playing Cards on Sunday
Thomas Ragsdale Defendant
This day came personally into open Court said Defendant who says that he is guilty as cbarged in the Indictment and puts himself on the mercy of the Court. It is considered by the Court that he make his fine by payment to the Plaintiff of one dollar and also the costs herein expended and that execution issue with a capias clause.

State of Missouri Plaintiff
vs                                                   Indictment Selling Liquor to Slave
Eduard Woodward Defendant
This day came the said Defendant personally into open Court and says he is guilty as charged in said Indictment. It is considered by the Court that he be fined twenty dollars and also costs herein expended and that execution issue therefor with a capias clause.

p 405.
State of Missouri Plaintiff
against                                                   Indictment For Playing Cards on Sunday
James Padget Defendant
This day came the said Defendant personally into open Court and filed his demurrer to said Indictment which was overruled by the Court and said Defendant says he is guilty as charged in said Indictment. Said Defendant was fined one dollar. It is considered that said Plaintiff recover said sum and also her costs herein expended with capiasclause issue therefor.

State of Missouri Plaintiff
against                                                   Indictment For Playing Cards on Sunday
William C. Davenport Defendant
This day came personally into Court said Defendant and says he is guilty as charged in said Indictment. Said Defendant was fined one dollar. It is considered that said Plaintiff recover said sum and also her costs herein expended with capias clause issue therefor.

State of Missouri Plaintiff
against                                                   Indictment For Playing Cards on Sunday
James Stack Defendant
This day came personally into Court said Defendant and says he is guilty as charged in said Indictment. Said Defendant was fined one dollar. It is considered that said Plaintiff recover said sum and also her costs herein expended with capias clause issue therefor.

108
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
DECEMBER Court 1850

p 406.
State of Missouri Plaintiff
against                                                   Indictment For Selling Liquor to Slava
Mark Swadley Defendant
This day came personally into Court said Defendant and says he is guilty as charged in said Indictment and was fined $20. It is considered by the Court that Plaintiff recover from said Defendant said sum and also costs, that he remain in custody of the Sheriff until payment of fine and costs.

State of Missouri Plaintiff
against                                            Indictment For Persuading Witness to Disobey Process
William J. Trowbridge Defendant
On motion of Circuit Attorney it is ordered that an attachment issue against Samuel Andrews for failing to attend as a witness in this cause at the present term returnable to the next term to give testimony in this cause and to answer for a contempt in refusing to obey the process of this Court.

p 407. nil.

p 408.
State of Missouri Plaintiff
vs                                                   Indictment Felonious Assault
William Evans Defendant
This day came as well the Circuit attorney who prosecutes for the State of Missouri in this behalf as well as said Defendant in his proper person who for plea says that he is not guilty as he is charged in said Indictment and for trial puts himself upon the County and the Circuit Attorney does the like and thereupon came a Jury, to Wit: John Weaver, Samuel M. Chaffin, Alfred Keeny, Bly Andrews, William W. Jeffreys, Isaac Faulkenberry, E.P. Gott, John Gilmore, A.W. Maupin, William Biggs, Joseph Weaver and Warren G. Graves, twelve good and lawful men who being sworn well and truly to try the issue joined heard the evidence and returned the following verdict, to wit: "We the Jury find the Defendant not guilty in manner and form as he is charged in the Indictment." It is therefore considered by the Court that said Defendant go hence without day and be fully discharged from this prosecution.

The Grand Jury came into Court and returned the following Bill of Indictment, to wit: The State of Missouri against Joseph Russell, Indicted for Pettit Larceny. And having further business retired to consider of their duties which said Indictment is ordered to be filed.

p 409.
Barton S. Wilson Plaintiff
vs                                                   In Debt
John DeBruin Defendant
This day came the Plaintiff by his attorney and it appearing that said Defendant confessed a Judgment in favor of said Plaintiff in vacation before the Clerk of this Court. It is therefore considered by the Court that the Plaintiff recover of said Defendant the amounts of said Judgment, to wit: $575 debt and $27.75 damages and also his costs herein expended and that execution issue thereof.

p 410.
State of Missouri Plaintiff
vs                                                   Indictment For Felonious Assault
James Coan Defendant
On motion of Circuit Attorney it is ordered that an attachment issue in this cause for John Crabtree a witness for the State directed to the Sheriff of Dade County.

109
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
DECEMBER Court 1850

p 410.
State of Missouri Plaintiff
vs                                                   Indictment For Felonious Assault
James Coan Defendant
This day came the Circuit Attorney and says that he will not further prosecute this Indictment. It is therefore considered by the Court that the Defendant be fully discharged from this prosecution.

p 411/412.
State of Missouri Plaintiff
vs                                                   Indictment For Petit larceny
Joseph Russel Defendant
This day came as well the Circuit Attorney who prosecutes for the State in this behalf as the said Defendant in his proper person who for a plea says he is not guilty in manner and form as he is charged in said indictment and for trial puts himself uponthe County and the Circuit Attorney doth the like and thereupon came a Jury to wit:
Thomas Chapman, Thos. Frazier, Samuel M. Chaffin, R.J. Young, James Horn, Joseph H. Miller, Richard Woodward, Sam'l Lemons, Wm. Webb, M.W. Anderson, Alfred Davidson and Alfred McDaniel, twelve good and lawful men who being sworn well and truly to try theissue joined heard the evidence and arguments of attorneys and retired to consider of their verdict and not having time to render their verdict were suffered to disperse until tomorrow morning 8 o'clock.

p 412.
This day came George W. Kelley Sheriff of this County into open Court and acknowledged a Deed from him to William Hendrick for the following land, to wit: East 1/2 of the NorthEast 1/4 of Sect 14 and East 1/2 of the SouthEast 1/4 of Township 29 Sect 11 Range 22 and the same is ordered to be recorded. He also produced a Deed from him to Denny Turner E 1/2 of the SE 1/4 of Sect 13 TWP 29 Range 20, portion of the SE 1/4 of the NE 1/4 of said Sect 13 TWP 21 Range 20, also a deed from him to Morna Edmonson for E 1/2 of Lot No. 1 fractional 1/4 of Sect 4, TWP 29 Range 21 which he also acknowledged and the same were ordered to be recorded.

State of Missouri Plaintiff
vs                                                   Indictment For Disturbing Religious Assembly
Annanias West Defendant
Now at this day comes the Circuit Attorney and files his demurrer to Defemdamt's plea in abatement which demurrer was taken up by the Court and all and singular the premises being seen and by the Court understood. The Court doth adjudge that said plea is sufficient. It is therefore considered by the Court that the demurrer be overruled and that Defendant be not ordered to answer the Indictment and go hence without day. And then the Circuit Attorney asked leave to withdraw the demurrer and reply which the Court refren and to which directive the Circuit Attorney excepted.

p 413. Thursday Morning 5 December 1850
The Grand Jury came into Court and returned the following indictments to wit:
The State of Missouri vs William Webb indicted for Selling Liquor without License.
The State of Missouri vs Augustine Yokum Ind. for Playing cards with a Negro on Sunday.
State of Missouri vs Archibald Walker Ind. for Disturbing Peace of Family in night.
State of Missouri vs Joseph D. Hayden, Ind. for Selling Liquor without License.
Which were ordered to be filed and having no further business retired to consider of their duties.

110
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

DECEMBER Court 1850

414.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Thomas Walker
This day came the said Defendant personally into open Court and says he cannot deny that he is guilty as he stands charged in said Indictment and pleads guilty thereto and puts himself upon the mercy of the Court.Said Defendant was fined $20. It is considered that Plaintiff recover of said Defendant said sum and also her costs herein expended and that execution with clause of capias issue.

p 415.
William Folden Plaintiff
vs                                                   Appeal
James Folden Defendant
The plaintiff failing to prosecute his appeal it is ordered that the same be dismissed for the want of prosecution.It is considered by the Court that Defendant recover of said Plaintiff his costs herein expended and that execution issue thereof.

p 416.
John N. Ruyle Plaintiff
vs                                                   Appeal
L. H. Blake Defendant
This day came the parties by their attorneys and thereupon came a Jury, to wit: Caleb Horn, James W. Gray, Washington Merrit, John S. Holland, Joseph Burden, William Massey, Henry Shepherd, E.P. Gott, R. Bowen and Thomas Walker (which were accepted by the parties agreement) who were sworn well and truly to try this cause and were permitted to disperse until tomorrow morning 8 o'clock.

p 417. Friday Morning 6 Decemoer 1850.
Clark and Parrott
against                                                   Replevin
Samuel H. Bunch
This day came the Plaintiffs by their attorneys and the Defendant failing to file herein his rejoinder to the Plaintiff replication as ordered by the Court on yesterday and the said Defendant being three times solemnly called came not nor does he say anything farther in bar or preclusion of the Plaintiffs action whereby said action remains against said Defendant wholly undefended. It is considered by the Court that the Plaintiff recover of said Defendant the Negro man slave mentioned in the Plaintiffs declaration and also their costs herein expended and that execution issue.

p 417/418.
The Grand Jury came into Court and returned the following indictments, to wit:
State of Missouri vs _____ Indictment for Felonious Assault.
State of Missouri vs Douglass Blakey Indictment for Disturbing Religious Worship.
State of Missouri vs Anderson H. Payne Indictment for Betting on Election
State of Missouri vs John Dixon Indictment for Betting on Election
State of Missouri vs Anderson H. Payne Indictment for Betting on Election
State of Missouri vs William Gray Indictment for Betting on Election.
Which said Indictments were ordered to be filed and that capias issue thereon immediately and having further business retired to consider of their duties.

Joseph R. McCormack one of the Grand Jurors was discharged from further service on the Present Grand Jury in consequence of his sickness.

111
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
DECEMBER Court 1850

p 418.
It is ordered that an attachment issue against-Eliza Jackson for failing to appear and testify as a witness before the Grand Jury when summoned to do. Returnable forthwith

John N. Rule Plaintiff
against                                                   Attachment
L.H. Blake Defendant
This day came the parties by their attorneys and the Jury sworn to this cause on yesterday appeared and took their seats and heard the evidence in this cause the Defendant filed his motion to exclude a portion of the evidence of Plaintiff. The Court overruled said motion to which the Defendant excepted and filed his bill of exceptions. The Jury heard the arguuent of attorneys and not having time find a verdict by consent were permitted to disperse until tomorrow morning.

p 419. Saturday morning December 7th, 1850.
Divorces - Previously copied, published.

p 420.
Bank of the State of Missouri Plaintiff
vs                                                  
Isaac Woods Defendant
This day came the Plaintiff by her attorney and the Defendant failing to appear altho solemnly called nor does he say anything farther in bar or preclusion of the Plaintiffs action. It is considered by the Court that the Plaintiff recover of said Defendant the sum of $170 debt and $6.80 damages and $9.92 interest and also her costs herein expended and that execution issue.

p 421.
Samuel H. Freeman, Guardian of
John Raney, Nancy Raney and Martha Raney
vs                                                   Debt on Bond
Isaac Woods, etc, Jesse Hickman, Henry Hickman
This day came the Plaintiff by his attorney and the said Defendants failing to appear although solemnly called nor do they say anything farther in bar or preclusion of the Plaintiffs action. It is considered by the Court that the Plaintiff as Guardian recover of said Defendants the sum of $917.23 and also his costs herein expended and that execution issue. This day George W. Kelley Sheriff of Greene County appeared in Open Court and acknowledged a Deed to Joseph T. Morton for the E 1/2 of SW 1/4 of Sect 3 TWP 29 Range 21 W containing
80 acres.

p 422. Monday December 9, 1850
Sarah V. Raney Plaintiff
vs                                                  
Isaac Woods, Jesse Hickman, Henry Hickman Defendants
This day came the Plaintiff by her attorney and the Defendants being solemnly called came not nor do they say anything farther in bar or preclusion of Plaintiffs action. It is considered by the Court that said Plaintiff recover of said Defendants three hundred and five dollars and 74 cents damages and also her costs herein expended and that
execution issue.

112
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
DECEMBER Term 1850

p 423.
James Horn Plaintiff
vs                                                  
Samuel Lemons Defendant
This day came the parties by their attorneys and thereupon came a Jury, to wit: Washington Merrit, Casey Jameson, H.R. Jarret, Sterling Gilmore and Levi Trentham (who by consent were taken as a Jury) who were sworn well and truly to try the cause heard the evidence and returned the following verdict "We the Jury find for the Defendant." It is therefore considered by the Court that the Defendant go hence without day and recover of the Plaintiff his costs herein expended and that execution issue therefor.

James Horn Plaintiff
vs                                                   Appeal J.P.
Samuel Lemons Defendant
This day come the parties by their attorneys and thereupon came a Jury, to wit: Washington Meritt, C.A. Jameson, H.R. Jarratt, Sterling Gilmore and Levi Trentham (Who were by agreement taken as a Jury) who were sworn well and truly try the cause, and after hearing the evidence returned the following verdict, to wit: "We the Jury find for the Plaintiff the sum of two dollars and fifty cents." It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of two dollars and fifty cents together with his costs and charges in this behalf laid out and expended for all of which execution may issue.

Jonathan Wood
vs                                                  
William Webb
This day come the parties in this cause and by consent of parties this cause is dismissed and it is further agreed by the said parties that each of the said parties shall pay one half of the costs for all of which execution may issue.

p 424 Tuesday Morning December 10, 1850
Mary Jessup
against                                                   Appeal from Probate Court
William P. Cox and others
This day came the parties by their attorneys and the Plaintiff filed herein her motion to dismiss the appeal in this cause and the same being argued and fully understood by the Court said motion was by the Court sustained. It is therefore considered by the Ccurt that said appeal be dismissed and the Plaintiff recover of said Defendants her costs herein expended and that execution issue therefor.

p 424/425.
This day the Grand Jury came into Court and returned the following bills of Indictment -
State of Missouri vs Benjamin Steafle Indicted for Working on Sunday
State of Missouri vs Mark Swadley Indicted for Selling Liquor on Sunday
State of Missouri vs Mark Swadley Indicted for Selling Liquor Without License
State of Missouri vs George D. Blakey Indicted for Disturbing Religious Worship
State of Missouri vs John Dixon Indicted for Betting On Election
State of Missouri vs Anderson Payne Indicted for Betting On Election
State of Missouri vs Mark Swadley Indicted for Selling Liquor to Slave
State of Missouri vs Archibald Walker Indicted for Disturbing Peace of Family in night time.
State of Missouri vs Isaiah Clayton Indicted for Selling Brandy Without License
State of Missouri vs James Hornbeak Indicted for Selling Brandy Without License
(continued)

113
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
DECEMBER Court 1850

p 424/425 (continued)
State of Missouri vs Thomas Walker Indicted for Selling Liquor Without `License
State of Missouri vs William Webb Indicted for Selling Whiskey Without License
State of Missouri vs Augustine Yokum Indicted for Playing Cards With Negro on Sunday
State of Missouri vs Joseph Hayden Indicted for Selling Liquor Without License
State of Missouri vs Nathan J. Phillips Indicted for Illegal Voting
State of Missouri vs Richard Hagan Indicted for Working On Sunday
State of Missouri vs Thomas Walker Indicted for Working On Sunday
State of Missouri vs George Jameson Indicted for Malicious Trespass
State of Missouri vs Joseph B. Green 2 Indictments for Sabbath Breaking
State of Missouri vs Reason G. Wells Indicted for Selling Liquor Without License
State of Missouri vs Isaiah Clayton Indicted for Selling Liquor Without License
State of Missouri vs Fleming Taggard Indicted for Gaming with Negro
State of Missouri vs Calvin Stuart Indicted for Gaming with Negro
State of Missouri vs John Wilkerson Indicted for Gaming with Negro
State of Missouri vs James Conner Indicted for Gaming with Negro
And having no farther business were by the Court discharged.

p 425.
It is ordered that all Indictments found by the Grand Jury at the present term be marked filed by the Clerk and that capias issue thereon.

p 426.
State of Missouri Plaintiff
vs                                                   Indictment for Selling Liquor Without License
Reason G. Wells Defendant
This day came the said Defendant personally into Open Court and says that he is guilty as he is charged in said Indictment and puts himself upon the mercy of the Court. Said Defendant was fined twenty dollars. It is therefore considered by the Court that the Plaintiff recover of said Defendant said sum of twenty dollars and also her costs herein expended and that execution issue with a clause of capias.
(Above case repeated on same page - no reason why)

It is ordered by the Court that the Clerk of this Court be required to keep appropriate Memorandum Book in which he shall enter all proceedings in relation to Indictments for felonies where the parties are not under recognizance nor in confinement.

p 427.
Yancey G. Warren Plaintiff
vs                                                   Attachment
William Cox Defendant
This day came the Plaintiff by his attorney and the Defendant not appearing although solemnly called nor does he say anything for which bar or preclusion of Plaintiffs action whereby said action remains against said Defendant wholly undefended. It is therefore considered by the Court that the Plaintiff recover of Defendant two hundred and twentyfive dollars for his debt, one hundred and sixty dollars sixtytwo and a half cents damages and also his costs herein expended and that execution issue.

p 428. Wednesday Morning December 11th 1850
State of Missouri Plaintiff
vs                                                   Indictment for Petit Larceny
Joseph Russel Defendant
This day came the Circuit Attorney who prosecutes for the State of Missouri in this
behalf and says he is unwilling to prosecute the cause. It is therefore considered
(continued)

114
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
DECEMBER Court 1850

p 428 (continued)
by the Court that said Defendant go hence without day and be fully discharged from this prosecution.

State of Missouri Plaintiff
vs                                                   Indictment for Grand Larceny
Joseph Russel Defendant
This day came as well the Circuit Attorney who prosecutes for the State in this behalf as said Defendant who was led to the bar in custody of the Sheriff and for a plea says he isnt guilty in manner and form as charged in the said Indictment and puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: W.H. Blakey, Mansel Putman, B.S. Lane, Jacob Baughman, Pleasant W. Bingham, Solomon Cotner, H.R. Jarrett,, John Robertson, Elija Gray, Thomas J. Hodges, William William Hancock and Noah Strong, twelve good and lawful men duly elected tried and sworn. After hearing the evidence and not having time to make up their verdict was discharged under the rule of the Court until tomorrow morning 8 o'clock.

p 429.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
John Wilkinson Defendant
This day came the said Defendant personally into open Court says that he is guilty as charged in said Indictment and puts himself upon the mercy of the Court and was fined by the Court the sum of ten dollars. It is therefore considered that the said Plaintiff recover of said Defendant said sum and also her costs herein expended and that execution with a capias clause issue therefore.

p 430.
State of Missouri to use of America Rainey
vs                                                   Debt on Bond
Isaac Woods, Jesse and Henry Wilkinson
This day came the Plaintiff and filed a motion for sciri facias in this cause and the same being heard and fully understood was by the Court sustained. It is therefore ordered that a Sciri Facias issue in this cause against said Defendants returnable to the next term of this Court to show cause if any they have why judgment should not be rendered on further breaches of the said Bond since the rendition of Judgment in this cause.

The State of Missouri to the use of Robert Rainey
against                                                   Debt on Bond
Isaac Woods, Jesse and Henry Wilkinson
This day came the Plaintiff and filed a motion for sciri facias in this cause and the same being heard and fully understood was by the Court sustained. It is therefore ordered that a sciri facias issue in this cause against said Defendants returnable to the next term of this Court to show cause if any they have why judgment should not be rendered on further breaches of the said Bond since the rendition of Judgment in this cause.

State of Missouri to the use of William Townsend and Emily Townsend
against                                                   Debt on Bond
Isaac Woods, Jesse and Henry Wilkinson
(continued)

115
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
DECEMBER Court 1850

p 430 (continued)
This day came the Plaintiff and filed a motion for sciri facias in this cause and the same being heard and fully understood was by the Court sustained. It is therefore ordered that a sciri facias issue in this cause against said Defendants returnable to the next term of this Court to show cause if any they have why judgment should not be
rendered on further breaches of the said Bond since the rendition of Judgment in this cause.

p 432. Friday Morning 13 December 1850
State of Missouri Plaintiff
against                                                   Indictment for Grand Larceny
Joseph Russel Defendant
This day came the Circuit Attorney who prosecutes in behalf of the State of Missouri as well as the Defendant in his own proper person and the said Circuit Attorney says by leave of the Court he will no further prosecute his said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State of Missouri take nothing by her said Writ, that the said Defendant be hereof discharged and go hence without day.

John M. Reed and James M. Edgar
vs                                                   Civil Action
John M. Richardson
This day come the Plaintiff in this cause by his attorney and the Defendant although duly served with process and having been three times solemnly called cannot but make default and the demand being unliquidated no Jury being required this cause is submitted to the Court and the Court sitting as a Jury do find the said Defendant is indebted to the said Plaintiff in the sum of one hundred and eightyseven dollars and ninety cents. It is therefore considered by the Court that the said Plaintiffs have and recover of and from the said Defendant the aforesaid sum together with their costs and charges in this behalf expended for all of which execution may issue.

p 433. Saturday Morning 14 December 1850
Thomas J.M. Hawkins Plaintiff
vs                                                   Civil Action
Larkin H. Blake Defendant
This day come again the parties in this cause by their respective attorneys and neither party requiring a Jury by consent of the said parties this cause is submitted to the Court, and after hearing all the evidence in the cause and the argument of Counsel, it is considered by the Court that the said Defendant did undertake and promise as in the said Plaintiffs petition is alledged, and that the said Plaintiff has sustained damage to the amount of four hundred and sixtysix dollars and fortythree cents. It is therefore considered by the Court that the Judgment be rendered for the above amount with costs and that execution issue therefor.

p 434.
State of Missouri Plaintiff
vs                                                   Indictment for Exposing An Infant
Elias and Wm. J. Potter Defendants
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri as well as the Defendants in this cause in their own proper persons, and the demurrer heretofore filed being taken up and all and singular the premises being seen and fully understood it is considered by the Court that said demurrer be sustained that said Defendants be hereof discharged and go hence without day.

116
GREENE COUNTY, MISSSURI, CIRCIJIT COURT CASES

Book C.

p 435.
Ragland M. Langston
vs                                                   Bill in Chancery in the Greene Circuit Court
Sally alias Sarah Stittlins and others
Now at this day come again the parties by their respective attorneys and guardians ad litem and having nothing to say against the said Bill of Complaint and the matters and things therein alledged, it is considered by the Court the same be taken as confessed and thereupon the cooplainant submitted the case to the Court sitting as a Jury, who after hearing the evidence produced by the Complainant, and the premises being fully understood by the Court, the Court do find that about the year 1837 Complainant purchased of said Afred M. Stillins all his preemption rights to said tract of land situated in said County of Greene, that is to say the W 1/2 of the SW 1/4 of Sect 2 in TWP 28 of Range 21 W and paid for it a valuable consideration and said Alfred M. Stillins made a transfer thereof to Complainant which was filed with the register. That since that time and before the commencement of this suit said Alfred M. Stillins died leaving the Defendants his heirs and representatives. The Court do further find that injustice, equity and good conscience said heirs and representatives ought to ccnvey said land to said Complainant. It is therefore ordered, adjudged and decreed that said Defendants transfer, convey and forever quitclaim to said Plaintiff all the right title and interest that they and each of them have by under and through said Alfred M. Stillins to said Complainant, and that said Complainant be forever quieted and undisturbed in his legal title to said land.

END OF DECEMBER 1850 TERM.

117

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