Abstract of Circuit Court Record Books 1860 - 1862

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Monday December 1st 1862 Adjourned Term.

Court met persuant to adjournment -- present:
Honorable Littleberry Hendrick, Judge of the 14th Judicial Circuit in the State of Missouri.
John A. Mack Circuit Attorney
Martin J. Hubble Clerk of said Court
A.F. Church Coroner and Acting Sheriff of Greene County,
by his deputy H.C. McGown.
Where and when the following proceedings were had.

Now at this day the Grand Jury, empannelled sworn to inquire into and for the body of the County of Greene being called comes not but makes default. It is therefore ordered by the Court that the Coroner that another Grand Jury be impannelled which was accordingly done.

Now at this day comes the Coroner and acting Sherriff of Greene County and returns into Court the venire as a pannel to constitute a Grand Jury, viz: Barrett Lemmons, James Appleby, S.R. Waddill, L.A. Rountree, John Harkness, John Breedlove, James Folden, J.K. Alsup, W.B. Berry & Samuel Woods and it appearing to the satisfaction of the Court that the aforesaid Grand Jurors should be dismissed. It is therefore ordered by the Court that the aforesaid Grand Jurors be dismissed, which was done.

State of Missouri Plaintiff
vs
Thomas Dickens Defendant
Indictment for Disturbing Peace of Neighborhood
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and asks for an alias which it is therefore ordered by the Court that the alias writ issue.

159
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
Monday December 1st 1862 Adjourned Term.

p 460.
State of Missouri Plaintiff
vs                                            Indictment for Disturbing Peace of Neighborhood
Daniel Beeler, Oliver West,
Newton Booker, John Keltain,
Harrison Keltain, John Sanders,
George Sanders & Thomas McCaully Defendants
Now at this day comes the Circuit Attorney and says he is unwilling to further prosecute this Indictment. It is therefore considered by the Court that the State take nothing by her Writ and that the Defendants go hence without day.

State of Missouri Plaintiff
vs                                            Indictment for Disturbing Peace of Neighborhood
Stephen Chandler Defendant
Now at this day comes the Circuit Attorney and says he is unwilling to further prosecute this Indictment. It is therefore considered by the Court that the State take nothing by her Writ and that the Defendants go hence without day.

State of Missouri Plaintiff
vs                                            Indictment for Disturbing Peace of Neighborhood
Charles Thornhill Defendant
Now at this day comes the Circuit Attorney and says he is unwilling to further prosecute this Indictment. It is therefore considered by the Court that the State take nothing by her Writ and that the Defendants go hence without day.

State of Missouri Plaintiff
vs                                            Indictment for Disturbing Peace of Neighborhood
William Dickens, Lewis Bandfield,
Samuel Foster, James White Defendants
Now at this day comes the Circuit Attorney and says he is unwilling to further prosecute this Indictment. It is therefore considered by the Court that the State take nothing by her Writ and that the Defendants go hence without day.

p 460/461.
State of Missouri Plaintiff
vs                                            Indictment for Disturbing Peace of Neighborhood
Albert Demuth, Jack Sisco Defendants
Now at this day comes the Circuit Attorney and says he is unwilling to further prosecute this Indictment. It is therefore considered by the Court that the State take nothing by her Writ and that the Defendants go hence without day.

p 461.
State of Missouri Plaintiff
vs                                                   Disturbing Peace of Family
Samuel Foster Defendant
Now at this day comes the Circuit attorney who prosecutes and the Defendant being thrice called comes not but makes default and it appearing to the satisfaction of the Court that said Samuel Foster entered into a recognizance on the 11th day of February 1861 in the sum of $100 with John Foster his security to be void on condition that the said Samuel Foster be and make his personal appearance before the Judge of the Greene Circuit Court on the 1st Monday in August 1861 at the Court House in Springfield, Greene County, Missouri and answer to a Bill of Indictment preferred against him by the Grand Jury of Greene County for trespass and disturbing the peace of a
(continued)

160
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
Monday December 1st 1862 Adjourned Term.
p 461 (continued)
family and not depart said Court without leave and said John Foster being also three times called and required to bring in the body of said Samuel Foster in obedience to their said recognizance come not but also made default. It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and that a scire facias be issued to the said Samuel Foster and John Foster requiring them to appear before the Judge of the Greene Circuit Court on the 1st day of the next term thereof which commences on the 4th Monday in January 1863 and show cause if any they have why judgment should not be rendered against them for the said sum of $100 and costs of suit and an execution issue thereon.

Tuesday, December 2nd 1862.
State of Missouri Plaintiff
vs
Samuel Foster Defendant
The Defendant comes into Court and asks that the Court Set aside the forfeiture of his recognizance which by order of the Court is done.

p 462.
State of Missouri Plaintiff
vs                                                   Indictment for Sabbath Breaking #1
James Rains Defendant
Now at this day comes John A Mack who prosecutes in behalf of the State and the Defendant in his own proper person and by agreement this cause is continued until next regular term of this Court.

State of Missouri Plaintiff
vs                                                   Indictment for Sabbath Breaking #2
James Rains Defendant
Now at this day comes John A. Mack who prosecutes in behalf of the State and the Defendant in his own proper person and by agreement this cause is continued until next regular term of this Court.

State of Missouri Plaintiff
vs                                                   Indictment for Sabbath Breaking #3
James Rains Defendant
Now at this day comes John A. Mack who prosecutes in behalf of the State and the Defendant in his own proper person and by agreement this cause is continued until next regular term of this Court.

p 463.
B.S. Wilson Plaintiff
vs                                                   Civil Action
James Rains Defendant
Now at this day comes the Defendant by his attorney and the Plaintiff being thrice called and comes not it is therefore ordered by the Court that this suit be dismissed for want of prosecution.

State of Missouri Plaintiff
vs                                                   Disturbing Peace of a Neighborhood
Samuel Foster , John Banfield Defendants
Now at this day comes Samuel Foster and Joe Banfield and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $100 each but to be void upon the condition that the said Foster shall be and make his personal appearance
(continued)

161
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
TUESDAY, DECEMBER 2nd, 1862
p 463 (continued)
before the Honorable Judge of the 14th Judicial Circuit at the next term of the Court to be held at the Court House in Springfield Missouri on the 4th Monday in January 1863 and there answer to an Indictment preferred against him by the Grand Jury of Greene County for Disturbing the Peace of a Neighborhood and not depart said Court without leave.

p 463/464.
Frederick V. Goss Plaintiff
vs                                                   Civil Action
James B.F. Small Defendant
Now at this day comes the Plaintiff and it appearing by the return of the Coroner that the Defendant cannot be summoned in this cause. It is therefore ordered by the Court that the Defendant be notified by'publication in the Springfield Missourian of the commencement of this suit the object of which is to obtain judgment on a promissory note against Defendant dated June 4th 1860 payable to Plaintiff on or before the first day of February, next, for the sum of $255 with interest at the rate of 10% from maturity. The Defendant is therefore required to appear at the next term of the Court which will be held on the 4th Monday in January 1863 and on or before the 6th day thereof and answer to the petition or the same will be taken as confessed.

p 465. December 3, 1862.
State of Missouri Plaintiff
vs                                        Indictment for Disturbing Peace Of A Neighborhood
Samuel Foster & John Banfield Defendants
Now at this day comes Samuel Foster and John Banfield and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 each but to be void upon condition that the said Samuel Foster be and make his personal appearance before the Honorable Judge of our Greene Circuit Court at the next term thereof which will be begun and held at the Court House in Springfield, Greene County, State of Missouri on the 4th Monday in January A.D. 1863 and on the first day thereof answer or demur to an Indictment preferred against him by the Grand Jury of said County and not depart said Court without leave.

p 466.
Nat P. Murphy Plaintiff
vs                                                   Civil Action
John T. Smith Defendant
Now at this day comes the Plaintiff by his attorney and it appearing that the Defendant had been notified by Publication for four successive weeks the last insertion four weeks before the first day of the present term of this Court and the said Defendant having failed to plead, answer or demur to Plaintiff's petition but makes default. It is considered and adjudged by the Court that the Plaintiff have judgment, but it not appearing to the Court what the Plaintiff ought to recover of the Defendant. It is ordered that enquiry be had at the next term of this Court and the amount ascertained and this cause will be continued until next term.

William McAdams, guardian minor heirs
of Joseph Powell, deceased Plaintiff
vs                                                   Civil Action
M.T. Abernathy, J.E. Abernathy,
Robert G. Abernathy Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified by publication in the
(continued)

162
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
WEDNESDAY DECEMBER 3rd, 1862
p 466 (continued)
Springfield Journal as the Law directs and having failed to plead, answer or demur to the Plaintiff's petition the same is taken as true and the Plaintiff's petition being founded on a promissory note signed by Defendants and the amount ascertained thereby, the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $55.10 debt and $43.93 damage. It is therefore adjudged and ordered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage also his costs laid out and expended in this behalf and that a special fi fa issue against the real estate attached, viz: W 1/2 SW 1/4 Sect 3, E 1/4 Lot one NE fcl 1/4 and E 1/2 SE 1/4 Sect 4, all in Township 30 Range 21 and the W 1/2 NW 1/4 Sect 10 Township 29 Range 22 all lying in Greene County, Missouri, and all or so much thereof as is necessary be sold to satisfy the same.

p 467.
Warren H. Graves Plaintiff
vs                                                   Civil Action
Thomas J. Weaver Defendant
Now at this day comes the Plaintiff by attorney and it appearing that the Defendant had been notified by Publication for four successive weeks, the last insertion four weeks before the present term of this Court, and the said Defendant having failed to plead, answer or demur to Plaintiff's petition but makes default. It is considered and adjudged by the Court that the said Plaintiff have judgment but it not appearing to the Court what the Plaintiff ought to recover of Defendant. It is ordered that enquiry be had at the next term of this Court and the amount ascertained this cause is continued until next term.

Thomas C. Ramey Plaintiff
vs                                                   Civil Action
Robert G. Abernathy Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified by publication in the Springfield Journal as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and the plaintiff's petition being founded on a promissory note signed by Defendant, and the amount ascertained thereby. The Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $112.70 Debt and $35.90 Damage. It is therefore adjudged and ordered by the Court that the Plaintiff have and recover of and from Defendant his said Debt and Damage and also costs and that a special fi fa issue against the real estate attached, viz: The W 1/2 of the SW 1/4 Sec 3 and E 1/2 Lot one NE fcl 1/4 and E 1/2 SE 1/4 Sec 4 in Township 30 Range 21 and the W 1/2 NW 1/4 Sec 10 Township 29 Range 22, all in Greene County and all or so much thereof as is necessary be sold to satisfy the same.

p 468.
Washington Merritt Plaintiff
vs                                                   Civil Action
John Lair, Gabriel P. Shackleford Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly notified by publication in the Springfield Journal as the Law directs and having failedto plead, answer or demur to Plaintiff's petition the same is taken as true and the Plaintiff's petition being founded on a promissory note signed by Defendants, and the amount ascertained thereby. The Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $453.41 debt and damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said
(continued)

163
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
WEDNESDAY December 3rd, 1862
In Vacation
p 468 (continued)
debt and damage as well as his costs laid out and expended in this behalf and that a special fi fa issue against the real estate attached, viz: SE 1/4 Sect 18 TWP 29 Range 21, SW fcl 1/4 Sect 31 TWP 31 of Range 21 and NE 1/4 of SE 1/4 and 5 1/2 of SE 1/4 of Sect 24 TWP 29 Range 22 lying and being in Greene County, Missouri, and all or so much thereof as is necessary be sold to satisfy the same.

Washington Merritt Plaintiff
vs                                                   Civil Action
James P. Gray, Thomas B. Bridges,
W.H. Blakeley Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly notified by publication in the Springfield Journal as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and the Plaintiff's petition being founded on a promissory note signed by Defendants, and the amount ascertained thereby. The Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $530 for his debt and $108.45 for his damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants his said debt and damage together with his costs laid out and expended in this, behalf and that a special fi fa issue against the real estate attached, viz: NE 1/4 of SW 1/4 and E 1/2 of Lot NW 1/4 Sect 4 TWP 28 Range 22 all lying and being in Greene County, Missouri and all or so much thereof as is necessary be sold to satisfy the same.

p 469.
James Bastion Plaintiff
vs                                                   Civil Action
James Beeler Defendant
Now at this day comes the Plaintiff by Attorney and it appearing to the satisfaction of the Court that `the Defendant had been notified duly by publication in the Springfield Journal as the Lawdirects and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and the Plaintiff's petition being founded on a promissory note signed by Defendant and the amount ascertained whereby the Court doth find upon an examination of the same that Defendant is indebted to Plaintiff in the sum of $133.35 debt and also $25.88 damage. It is therefore considered by the Court that the Defendant have and recover of and from the Defendant his said debt and damage as well as costs laid out and expended in this behalf and that a special fi fa issue against the real estate attached, viz: SE 1/4 SE 1/4 and SE 1/4 NE 1/4 and NE 1/4 SE 1/4
Sect 32 TWP 31 Range 23. W 1/2 SW 1/4 and SW 1/4 NW 1/4 Sec 33 TWP 31 Range 23 and all or so much thereof as is necessary be sold to satisfy the same.

Charles Wadlow Plaintiff
vs                                                   Civil Action
Joseph L. Thompson, Henry Adams,
F.A. Thompson, S.H. Thompson Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly notified by publication in the Springfield Journal as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and the Plaintiff's petition being founded on a promissory note signed by' Defendants, and the amount ascertained thereby. The Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $900 debt and also $174.25 damage. It is therefore
(cont)

164
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

Book E
In Vacation
p 469 (cont)
considered by the Court that Plaintiff have and recover of and from the Defendants his said debt and damage as well as his costs laid out and expended in this behalf and that a special fi fa issue against the real estate attached, viz: NE 1/4 Sec 35 and SW 1/4 of SE 1/4 sec 30 TWP 30 Range 24 NW 1/4 of NE 1/4 Sect 14 TWP 30 Range 23 lying and being in Greene County, Missouri and all or so much as is necessary be sold to satisfy the same.

p 470.
John Gott Plaintiff
vs                                                   Civil Action
John Lair Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been notified duly by publication in the Springfield Journal as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and the Plaintiff's petition being founded on a promissory note signed by Defendant and the amount ascertained whereby the Court doth find upon an examination of the same that Defendant is indebted to Plaintiff in the sum of $674.33 debt and $126.32 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage as well as his costs laid out and expended in this behalf and that a special fi fa issue against the real estate attached, viz: Lots 4 & 5 Kimbrough's Addition to the City of Springfield, Greene County, Missouri, SE 1/4 Sect 24 TWP 29 Range 22 Lot of land beginning at J.S. Kimbrough's SE corrier on the East boundry of E 1/2 of NW 1/4 of Sect 24 TWP 29 Range 22 West Thence South along the said line 20 poles and 7 links West 80 poles 10 links thence North 79 poles 11 links thence East 45 poles and 9 links to J.S. Kimbrough line thence South with said line 59 poles and 19 links East 35 poles and 10 links to the beginning being in the East 1/2 of NW 1/4 Sect 24 TWP 29 Range 22W, Also 60 acres of land conveyed to John Lair by John P. and Louisa L. Campbell by deed dated first of October 1850 and recorded in Clerk's Office in Springfield in Record Book E page 225 for a description which reference is had to said Deed . Also Lots No 13 & 14 in City of Springfield, Greene County, Missouri, also SE 1/4 Sect 24 TWP 29Range 22 all lying and being in Greene County Missouri, and that all or so much there of as is necessary be sold to satisfy said execution.

p 470/471.
Charles Wadlow Plaintiff
vs                                                   Civil Action
James Beeler & Jacob Neff Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly notified by publication in the Springfield Journal as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and the Plaintiff's petition being founded on a promissory note signed by Defendants, and the amount ascertained thereby. The Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $170.30 debt and $48.81 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants his said debt and damage together with his costs laid out and expended in this behalf and that a special fi fa issue against the real estate ,attached, viz: SE 1/4 of SE 1/4 of NE 1/4 of SE 1/4 Sect 32 TWP 31 Range 23, W 1/2 SW1/4 and SW 1/4 of NE 1/4 Sect 33 TWP 31 Range 23, all lying and being in Greene County, Missouri, and that all or so much thereof as is necessary be sold to satisfy the same.

165
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
In Vacation
p 471.
John Plummer Plaintiff
vs                                                   Civil Action
David T. Galaher &
William R. Robertson, garnishee Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly notified by publication in the Springfield Journal as the Law directs and having failed to plead, answer or dumur to Plaintiff's petition the same is taken as true and the Plaintiff's petition being founded on a promissory note signed by Defendants, and the amount ascertained thereby. The Court doth find from an exaniination of the same that the Defendants are indebted to the Plaintiff in the sum of $125 debt and $11.69 damage as well as his costs laid out and expended in this cause and that he have execution therefor to be levied of the property attached. And it is further ordered by the Court that the acting Sheriff of Greene County pay over to Plaintiff the money now in his hands, and it appearing from the answer of William R. Robertson the Garnishee that he has in his hands $44.90, the property of Defendant. It is therefore considered by the Court that Plaintiff have and recover of and from said Garnishee that sum and that execution may issue therefor said sum to be collected as satisfaction in part of the said Judgment against the Defendant.

p 472.
Faulkner and Graves, a firm
composed of Robert P. Faulkner
and Warran H. Graves Plaintiff
vs                                                   Civil Action
J.W. Rainey,
Charles Sheppard, garnishee Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants had been duly notified by publication in the Springfield Journal as the Law directs and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and the Plaintiff's petition being founded on a promissory note signed by Defendants, and the amount ascertained thereby. The Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $246.85 debt and $41.57 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage as well as his costs laid 0ut and expended in this behalf. And it appearing from the answer of Charles Sheppard the garnishee that he has in his hands sufficient money belonging to said Defendant to satisfy the debt and damage of said Plaintiff. It is therefore considered by the Court that Plaintiff have and recover of and from the Garnishee that sum and that execution may issue therefor as well as the costs in this suit to be collected in full of the said judgment against the Defendant.

p 473. Thursday December 4, 1862,
Petitions
James J. Pratt vs Thomas Phillips Petition set aside Judgment.
James J. Pratt vs Thomas Phillips Files Bill of Exceptions.
Peter Appersons Divorce petition Previously extracted.

Friday Dec 5, 1862
The following is declared to be a rule of this Court. In all pleadings hereafter filed in Court the first name of all parties to suits shall be written in full and if neglected the pleading shall be stricken out on motion unless the pleader will amend in
(continued)

166
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
IN VACATION
p 473 (continued)
accordance with this rule in such time as the Court will prescribe or unless the pleader will show good cause why he cannot so amend.

p 474.
William Massey Plaintiff
vs                                                   Civil Action
William D. Hendricks Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified as the Law directs by publication in the Springfield Missourian and having failed to plead, answer or demur to the petition of the Plaintiff the same is taken as true and Plaintiff's petition being founded on a promissory note signed by Defendant and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted o Plaintiff in the sum of $36.37 for his debt and $5.20 for his damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage as well as his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: beginning at the SE corner of Chris G. Kidds, thence South to A.C. Bradley's NE corner, thence West to David Fulbright's line, thence North to C.G. Kidds NW corner, thence to beginning, being 2 acres in SE 1/4 of Sect 23 TWP 29 Range 22 and all or so much thereof as is necessary be sold to satisfy said execution.

p 474/475.
Henry Massey & William McAdams,
partners in trade doing business under
name of Massey & McAdams Plaintiffs
vs                                                   Civil Action
William D. Hendricks Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified as the Law directs by publication in the Springfield Missourian and having failed to plead, answer or demur to the petition of the Plaintiffs the same is taken as true and Plaintiffs' petition being founded on a promissory note signed by Defendant and the amount ascertained whereby the Court Doth find upon an examination of the same that the Defendant is indebted to Plaintiff in the sum of $160.57 debt and $29.26 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage together with their costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: Beginning at the Chris G. Kidd's SE corner running thence South to A.C. Bradley's NE corner thence West to David Fulbright's line thence North to C.G. Kidd's SW corner thence to the beginning being two acres in SE 1/4 Sect 23 TWP 29 Range 22 and all or so much thereof as is necessary be sold to satisfy said execution.

p 475.
Henry Paulsell Plaintiff
vs                                                   Civil Action
Jefferson W. Rainey,
Bryan Winfield, William R. Rose
and Charles Sheppard, garnishee Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified as the Law directs by publication in the Springfield Missourian and having failed to plead, answer or demur to the petition of the Plaintiffs the same is taken as true and Plaintiff's petition being
(cont)

167
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
IN VACATION
p 475 (cont)
founded on a promissory note signed by Defendant and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $400 for his debt and $99.23 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said debt and damage as well as costs laid out and expended in this behalf and it appearing from the answer of Charles Sheppard the garnishee in this cause that he has in his hands sufficient money belonging to said Defendant to satisfy said debt and damage of said Plaintiff. It is therefore considered by the Court that Plaintiff have and recover of and from the garnishee that sum and that execution may issue therefor as well as the costs in this suit to be collected in full of the said judgment against the Defendant.

p 476 5 Dec 1862
Samuel S. Vinton Plaintiff
vs                                                   Civil Action
B.E. Hopson Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified as the law directs by publication in the Springfield Missourian and having failed to plead, answer or demur to the petition of the Plaintiff the same is taken as true and Plaintiff's petition being founded on a promissory note signed by Defendant and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to Plaintiff in the sum of $220.80 debt and $32137 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage as well as his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: Beginning at the SW corner of SE 1/4 of SE 1/4 of Sect 23 TWP 29 Range 22, thence North 12 poles to the beginning point, thence East 20 poles, thence North 28 poles, thence West 20 poles, thence South 28 poles to beginning containing 3 1/2 acres and all or so much thereof as is necessary be sold to satisfy said execution.

p 476/477.
Cornelius Hayward,
Charles Brent Carr &
James P. Carthedge, partners in trade
doing business under firm name of
Hayward, Carr and Co. Plaintiffs
vs                                                   Civil Action
John A. Miller, James S. Jones,
partners in trade doing business under
firm name of John A. Miller and Co. Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that Defendants had been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to the petition of Plaintiffs the same is taken as true and Plaintiff's petition being founded on a promissory note signed by Defendants and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendants are indebted to the Plaintiffs in the sum of $445.93 debt and $81.38 damage. It is therefore considered by the Court that Plaintiffs have and recover of and from Defendants their said debt and damage together with their costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: Lot #3 in Block #1 in Kimbrough's 2nd Addition to the City of Springfield, Greene County, Missouri, also Lot on South Street conveyed by John H. Miller and Permitia M. Miller to James S. Jones by deed
(continued)

168
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
IN VACATION 5 December 1862.
p 476/477 (cont.)
dated 17th day of August 1850 and recorded in Recorders Office Book G page 168 and that all or so much thereof as is necessary be sold to satisfy said execution.

John Date Plaintiff
vs                                                   Civil Action
John Lair Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified as the law directs by publication in the Springfield Missourian and having failed to plead, answer or demur to the petition of the Plaintiff the same is taken as true and Plaintiff's petition being founded on a promissory note signed by Defendant and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiff in the sum of `$695.43 for his debt and $139.37 for his damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt together with his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: Beginning at J.S. Kimbrough 's SE corner on East boundry of E 1/2 fra of NW 1/4 of Sect 24 Township 29 Range 22 W, thence South along 20 poles 7 links, thence West 80 poles and 10 links, thence North 79 poles 11 links, thence East 45 poles and
9 links to J.S. Kimbrough's line thence South with said line 59 poles and 19 links, thence East 35 poles and 10 links to beginning, being in East 1/2 of NW 1/4 Section 24 Township 29 Range 22 also 60 acres of land conveyed to John Lair by John P. Campbell and Louisa L. Campbell by deed dated 1st October 1850 recorded in Clerks Office Book E p 225 also lots #13 & 14 in City of Springfield, Greene County, Missouri, also SE 1/4 of Section 24 Township 29 Range 22 and all or so much thereof as is necessary be sold to satisfy said execution.

p 478.
Peter Hayden & Pollock Wilson,
partners in trade, doing business
under firm name of Hayden & Wilson Plaintiffs
vs                                                   Civil Action
William J. Brown, Gideon F. Brown,
Thompson Brown & a person known
as A. Don Brown Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that Defendants had been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to the petition of Plaintiffs the same is taken as true and Plaintiff's petition being founded on a promissory note signed by Defendants and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendants are indebted to the Plaintiffs in the sum of $218.04 for their debt and $27.42 damage. It is therefore considered by the Court that Plaintiffs have and recover of and from Defendants their said debt and damage as well as their costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: Lots 59 & 60 City of Springfield, Greene County, Missouri, and all or so much thereof as is necessary be sold to satisfy said execution.

Henry A. Massey & William McAdans Plaintiffs
vs                                                   Civil Action
Ripley B. Weaver Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified as the Law directs by publication in the Springfield Missourian and having failed to plead, answer or demur to the
(continued)

169
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
IN VACATION
P 478. (continued)
petition of the Plaintiffs the same is taken as true and Plaintiff's petition being founded on a promissory note signed by Defendant and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiffs in the sum of $200 debt and $54.55 damage. It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendant their said debt and damage as well as their costs laid out and expended in this behalf and that a special fi fa issue against the following described realestate, viz: NW 1/4 and E 1/2 of NW 1/4 Section 25 Township 28 Range 22, also SW 1/4 Section 24 Township 28 Range 22 and all or so much thereof as is necessary be sold to satisfy said execution.

p 479.
Henry A. Massey & William McAdams Plaintiffs
vs                                                   Civil Action
Joseph M. Carthel Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified as the Law directs by publication in the Springfield Missourian and having failed to plead, answer or demur to the petition of the Plaintiff the same is taken as true and Plaintiff's petition being founded on a promissory note signed by Defendant and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiffs in the sum of $170 debt and $31.35 damage. It is therefore considered by the Court that Plaintiffs have and recover of and from Defendant their said debt and damage as well as costs laid out and expended in this behalf and that a special fi fa issue against the following real estate, viz: NE 1/4 of NE 1/4 Section 21 and NW 1/4 of Section 9, W 1/2 of SW 1/4 and NW 1/4 of Sect 15 and SW 1/4 NW 1/4 Section 15 all Township 28 Range 22, and all or so much thereof as is necessary be sold to satisfy said execution.

Lewis A.B. Crenshaw Plaintiff
vs                                                   Civil Action
Peyton Nowlin, John Dixon Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly notified as the Law directs by publication in the Springfield Journal and having failed to plead, answer or demur to the petition the same is taken as true and Plaintiff's petition being founded on a promissory note signed by Defendant and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $95 debt and $20.05 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants his said debt and damage as well as his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: NE 1/4 of SE 1/4 of Section 15 Township 57 Range 26, SW 1/4 NE 1/4 of Section 23 Township 57 Range 26, NW 1/4 of NW 1/4 and SE 1/4 of NW 1/4 of Sect. 23 Township 57 Range 26, NW 1/4 of NW 1/4 and SE 1/4 of NW 1/4 Sect 23 Township 57 Range 26, NW of NE and NE of NW Section 23 Township 57 Range 26 and NE of NE Sect 22 TWP 57 Range 26, and all or so much thereof as is necessary be sold to satisfy said execution.

p 480.
Lewis A.B. Crenshaw Plaintiff
vs                                                   Civil Action
Peyton Nowlin Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfactionof the Court that Defendant had been duly notified as the Law directs by publication (continued)

170
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
IN VAVATION
p 480 (continued)
in the Springfield Journal and having failed to plead, answer or demur to the petition of the Plaintiff the same is taken as true and Plaintiff's petition being founded on a promissory note signed by Defendant and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $375 debt and $37.50 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage as well as his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: NE 1/4 of SE 1/4 Sect 15 TWP 57 Range 26. SW 1/4 of NE 1/4 Sect 23 TWP 57 Range 26, NW of NW and SE of NW Sect 23 TWP 57 Range 26, NW of NE and NE of NW Sect 23 TWP 57 Range 26, SE of SW and SW of SW Sect 14 TWP 57 Range 26, SE of SE Sect 15 TWP 57 Range 26, NE of NE Sect 22 TWP 57 Range 26 and all or so much thereof as is necessary to be sold to satisfy said execution.

James W. Dryden Plaintiff
vs                                                   Civil Action
John Lair Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified as the Law directs by publication in the Springfield _______ and having failed to plead, answer or demur to the petition of the Plaintiff the same is taken as true and Plaintiff's petition being founded on a promissory note signed by Defendant and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $224.92 debt and $26.76 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as his costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: Lots #4 & #5 in Kimbrough's Addition to City of Springfield, Greene County, Missouri, also Lots #13 & #14 in City of Springfield, Missouri, also SE 1/4 Sect 24 TWP 29 Range 22, also E 1/2 of NW 1/4 Sect 24 TWP 29 Range 22 and all or so much thereof as is necessary be sold to satisfy said execution.

p 481.
William Massey Plaintiff
vs                                                   Civil Action
Joseph M. Carthel Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified as the Law directs by publication in the Springfield Missourian and having failed to plead, answer or demur to the petition of the Plaintiff the same is taken as true and Plaintiff's petition being founded on a promissory note signed by Defendant and the amount ascertained whereby the Court doth find upon an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $28.49 debt and $5.57 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage and that a special fi fa issue against the following described real estate, viz: SW 1/4 of SE 1/4 Sect 16 and E 1/2 NE 1/4 Sect 16 TWP 28 Range 22 and all or so much thereof as is necessary be sold to satisfy said execution.

Isaac N. Wilson Plaintiff
vs                                                   Civil action
Nimrod Ford Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant, Nimrod Ford, had been served with process and this action being founded on a promissory note for the direct payment of money and the (continued)

171
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
IN VACATION December 5th 1862
p 481 (continued)
amount ascertained whereby the Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $509.88 debt and $16.99 damage and Defendant having failed to plead, answer or demur to the petition of Plaintiff the same is taken as confessed. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage together with his costs laid out and expended in this behalf and that execution issue therefor and that this judgment bear interestat the rate of 10% per annum.

p 482.
Henry Sheppard, John S. Kimbrough Plaintiffs
vs                                                   Civil Action
James E. Hicks, Sterling Gilmore Defendants
Now at this day comes the Plaintiffs by attorney and dismisses this suit as to Sterling Gilmore and it appearing to the satisfaction of the Court that the Defendant, James E. Hicks, had been served with process and this action being founded on a promissory note for direct payment of money and the Plaintiff having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and all and singular the premises being seen and fully understood by the Court. The Court finds that Defendant is indebted to Plaintiff in the sum of $115.53 debt and $22.09 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage as well as his costs laid out and expended in this behalf and execution may issue therefor and that this judgment bear interest at the rate of 10% per annum.

p 483.
Isaac N. Wilson Plaintiff
vs                                                   Civil Action
Marshall C. Murry, John Murry Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Marshall C. Murry and it appearing to the satisfaction of the Court that the Defendant John Murry had been served with process and this action being founded on promissory note for the direct payment of money and the amount ascertained whereby the Court doth find that Defendant is indebted to Plaintiff in the sum of $354.54 Debt and $110.17 Damage and having failed to plead, answer or demur the same is taken as confessed. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said Debt and Damage as well as his costs laid out and expended in this behalf and that execution issue therefor and this judgment bear interest at the rate of 10% per annum.

John Robertson Plaintiff
vs                                                   Civil Action
William Tatum, Lewis F. Tatum,
H.H. Blanchard Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to William Tatum and Lewis F. Tatum and it appearing to the satisfaction of the Court that Defendant had been served with process and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find the Defendant is indebted to Plaintiff in the sum of $100 debt and $32.62 damage and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as his costs laid out and expended in this behalf and that execution issue therefor and this judgment bear interest at the rate of 10% per annum.

172
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E.
IN VACATION DECEMBER 5th 1862
p 484.
Thomas F. Layton, Fidilio S. Jones,
Henry Sheppard & John S. Kimbrough Plaintiffs
vs                                                   Civil Action
James E. Hicks Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been served with process 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 and the amount ascertained whereby the Court doth find that the Defendant is indebted to Plaintiff in the sum of $50.80 debt and $8 damage. It is therefore considered bv the Court that Plaintiffs have and recover of and from Defendant their said debt and damage as well as their costs laid out and expended in this behalf and that execution issue therefor and this judgment bear interest at the rate of 10% per annum.

John Haw Plaintiff
vs                                                   Civil Action
Frederick H. Scholten,
James H. Rountree and Co. Defendants
Now at this day comes the Plaintiff by attorney and it appearing that the Defendants Scholten and Rountree had been served with process 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 signed by Defendants and the amount ascertained whereby the Court doth find on an examination of the same that Defendants are indebted to Plaintiff in the sum of $160.95 debt and $28.12 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendants their debt and damage as well as his c0sts laid out and expended in this behalf and that execution issue therefor and this judgment bear interest at the rate of 10% per annum.

p 485.
Wayman Crow, Phocion R. McCreery,
William A. Hargadine, George D.
Appleton & Hugh McKittrick Plaintiffs
vs                                                   Civil Action
Nathan Robinson Defendant
Now at this day comes the Plaintiff by attorney and it appearing that Defendant had been served with process and having failed to plead, answer or demur to Plaintiffs petition the same is taken as confessed, this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find upon an examination of same that Defendant is indebted to Plaintiffs in the sum of $559 debt and damages. It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendant their said debt and damage as well as their costs laid out and expended in this behalf and that execution issue therefor and this judgment bear interest at the rate of 10% per annum.

Reuben A.M. Rose Plaintiff
vs                                                   Civil Action
Richard B. Coleman & William C. Price Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to William C. Price and it appearing to the satisfaction of the Court that Defendant Coleman had been served with process, 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 direct payment of money and the amount ascertained whereby the Court doth
(continued)

173
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
IN VACATION
p 485 (cont)
find upon an examination of the same that Defendant is indebted to Plaintiff in the sum of $358.53 debt and $38.81 damage. It is therefore considered by the Court Plaintiff have and recover of and from the Defendants his debt and damage as well as his costs laid out and expended in this behalf and that execution issue therefor and this judgment bear interest at the rate of 10% per annum.

p 486.
Henry Sheppard & John S. Kimbrough Plaintiffs
vs                                                   Civil Action
D.K. Williams Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been served with process and having failed to plead, answer or demur to Plaintiffs petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find upon an examination of the same that Defendant is indebted to Plaintiffs in the sum of $58.05 debt and $16.91 damage. It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendant their debt and damage as well as their costs laid out and expended in this behalf and that execution issue therefor and this judgment bear interest at the rate of 10% per annum.

Henry Sheppard & John S. Kimbrough Plaintiffs
vs                                                   Civil Action
Lewis F. Tatum Defendant
Now at this day comes the Plaintiffs by attorney and it appearing that Defendant had been served with process and having failed to plead, answer or demur to Plaintiffs petition the same is taken as confessed and this action being taken on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find that the Defendant is indebted to Plaintiffs in the sum of $86.76 debt and $17.41 damage. It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendant their debt and damage as well as their costs laid out and expended in this behalf and that execution issue therefor and this judgment bear interest at the rate of 10% per annum.

Samuel Hamil & Joseph Hamil Plaintiffs
vs                                                   Civil Action
Thomas J.M. Hawkins &
Marcus L. Abernathy Defendants
Now at this day comes the Plaintiffs by attorney and it appearing that the Defendants had been served with process and having failed to plead, answer or demur to Plaintiffs petition the same is taken as confessed and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find Defendants are indebted to Plaintiff in the sum of $513.45 debt and $98.67 damage. It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendants their debt and damage as well as their costs laid out and expended in this behalf and that execution issue therefor and this judgment bear interest at the rate of 10% per annum.

p 487.
Alexander Peterson, Alfred Peterson,
M.P. Hawthorn & Ernest Klepper Plaintiffs
vs                                                   Civil Action
Frederick W. Scholten &
James H. Rountree & Co. Defendants
Now at this day comes the Plaintiffs by attorney and it appearing that the Defendants
(continued)

174

GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
IN VACATION
P 487 (cont)
had been served with process and having failed to plead, answer or demur to Plaintiffs petition the same is taken as true and the action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find Defendants are indebted to Plaintiffs in the sum of $63.72 Debt and $10.08 damage. It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendants their debt and damage as well as their costs laid out and expended in this behalf and that execution issue therefor and this judgment bear interest at the rate of 10% per annum.

Henry Sheppard & John S. Kimbrough Plaintiffs
vs                                                   Civil Action
Franklin White Defendant
Now at this day comes the Plaintiffs by attorney and it appearing that Defendant had been served with process and having failed to plead, answer or demur to Plaintiffs petition the same is taken as true and this action being founded on a promissory note for the direct payment of money and the amount ascertained whereby the Court doth find that Defendant is indebted to Plaintiffs in the sum of $83.21 debt and 28.86 damage it is therefore considered by the Court that Plaintiffs have and recover of and from the Defendant their debt and damage as well as their costs laid out and expended in this behalf and that execution issue therefor and this judgment bear interest at the rate of 10% per annum.

Charles Smith & James W. Vernon Plaintiffs
vs                                                   Civil Action
John Daniel & Tapley Daniel Defendants
Cause continued to next term.

p 488.
Chapman S. Bodenhamer,
Jacob E. Bodenhamer, admin estate
Jacob Bodenhamer, deceased Plaintiffs
vs
Joseph M. Carthell, F.F. Fulbright &
Jabez Owen Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that Defendants had been duly notified by publication in the Springfield Journal as the Law directs and having failed to plead, answer or demur to Plaintiffs petition the same is taken as confessed and this action being founded on a promissory note signed by Defendants and the amount ascertained whereby the Court doth find upon an examination of the same that Defendants are indebted to Plaintiffs in the sum of $1500 debt and $284 damage. It is therefore considered by the court that Plaintiffs have and recover of and from said Defendants their said debt and damages as well as their costs laid out and expended in this behalf and that a special fi fa issue against the following described real CStatC, viz: S 1/2 of SE 1/4 and part of E 1/2 of NE 1/4 and NE 1/4 of NE 1/4 Section 16 TWP 28 Range 22 and NE 1/4 of NE 1/4 of Section 21 TWP 28 Range 22 and
NE 1/4 of SE 1/4 of Section 19 TWP 28 Range 22 and W 1/2 of NW 1/4 of NW 1/4 of W 1/2 of W 1/2 Section 15 TWP 28 Range 22 and all or so much thereof as is necessary be sold to satisfy said execution.

p 488/489.
J.K.P. McQuigg Plaintiff
vs                                                   Civil Action
Robert G. Abernathy Defendant
Now at this day comes the Plaintiff by attorney and it appearing that Defendant had
(continued)

175
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
IN VACATION
P 488/489 (cont)
been duly notified by publication in the Springfield Journal as the Law directs and having failed to answer, plead or demur to the Plaintiff's plea the same is taken as confessed and this action being founded on a promissory note signed by defendant and the amount ascertained whereby the Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $676 debt and $140.83 damage. It is therefore considered by the Court that Plaintiff have and ecover of and from Defendant his said Debt and Damage as well as his costs laid outand expended in this behalf and that a special fi fa issue against the following described real estate, viz: W 1/2 of SW 1/4 Section 3 E 1/2 Lot No one NE fcl 1/4 Section 4 E 1/2 SE 1/4 Section 4 NE 1/4 of NE 1/4 Section 9 NE 1/4 of NW 1/4 Section 9 NW 1/4 of NE 1/4 Section 9 NW 1/4 Section 10 except 16 acres lying in SE corner of said Section all in TWP 30 of Range 21 and all or so much thereof as is necessary be sold to satisfy said execution.

p 489.
Henry Sheppard &
John S. Kimbrough Plaintiffs
vs                                                   Civil Action
Meridith N. Carter Defendant
Now at this day comes the Plaintiffs by attorney and it appearing that the Defendant had been duly notified by publication in the Springfield Missourian as the Law directs and having failed to plead, answer or demur to Plaintiffs petition the same is taken as confessed and this action being founded on a promissory note and the amount ascertained whereby the Court doth find on an examination of the same that Defendant is indebted to Plaintiffs in the sum of $98 debt and $28.49 damage. It is therefore considered by the Court that Plaintiffs have and recover of and from Defendants their said debt and damage as well as their costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: SE 1/4 of Section 11 TWP 28 Range 23 SE of SW of Section 12 TWP 28 Range 23 S 1/2 of SW 1/4 of Section 13 TWP 28 Range 23 and all or so much thereof as is necessary be sold to satisfy said execution.

p 490.
Thomas F. Layton, Fidilio S. Jones
Henry Sheppard & John S. Kimbrough Plaintiffs
vs                                                   Civil Action
Jane M. Adams Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that Defendant has been fully notified by publication in the Springfield Missourian as the Law directs, and having failed to plead, answer or demur to the Plaintiffs petition, the same is taken as true, and this action being founded on a promissory note signed by the Defendant and the amount ascertained whereby the Court doth find on an examination of the same that Defendant is indebted to Plaintiffs in the sum of $78.50 debt and $15,05 damage. It is therefore considered by the Court that Plaintiffs have and recover of the Defendant their said debt and damage as well as their costs laid out and expended in this behalf and that a special fi fa issue against the following described real estate, viz: E 1/2 of SE 1/4 and E 1/2 of NE 1/4 and SW SW Sect 7 TWP 29 Range 21, also beginning at the NE corner of Mrs Jane M. Adams' Lot in Springfield 30 poles and 15 links N of East Street, thence W 4 poles and 3 links, thence N 22 poles and 13 links -- Written above line"at the N boundry line between Sect 13 and 14 TWP 29 Range 22" Thence E 4 poles and 3 links thence South to the place of beginning and all or so much thereof as necessary be sold to satisfy said execution.

176

December Term Continued
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