Abstract of Circuit Court Record Books 1846 - 1852

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

January Term 1847.

Monday Morning 11 January 1847 Court met persuant to adjournment. Present Hon. C.S.Yancey Judge, William McFarland Sheriff and Joshua Davis, Clerk. No Grand Jury list presented.

p 177.
Tuesday 12 January 1847 - Court met persuant to adjournment. Present as on yesterday.

p 178.
S.M. Siegler Plaintiff
vs                                                   Petition in Debt
Allen Fielding Defendant
Now at this day come the said parties by their attornies and the demurrer heretofore filed in this cause by said Defendant as to Plaintiffs replication being taken up and after argument it is considered by the Court that said demurrer be overruled, but the Court upon inspection of Defendants fourth plea as above pleaded do say that the same is insufficient in law to compel the Plaintiff to answer the same. It is therefore considered by the Court that the said plea is insufficient in manner and form as above pleaded to compel the Plaintiff to answer the same and that Defendant have leave to withdraw the same from the files in that cause upon the payment of costs.

p 179/180
Nancy Akin, John Akin, Thomas L. Akin
Thomas Riddles and Julia, his wife
Isaac Hays and Nancy, his wife
John H. Akin, guardian of Andrew L.
Smith and Mary Smith
vs                                                   Petition for partition
James P. Akin, Peter Akin, George W. Akin,
Peter S. Smith and John E. Smith
This day comes the petitioners by their attorney and the said Defendants being three times solemnly called comes not but makes default and it appearing to the satisfaction of the Court that the said James P. Akin, Peter Akin, George W. Akin and peter 5. Smith and John E. Smith had been duly notified by publication in the SPRINGFIElD ADVERTISER, a weekly newspaper published in the State of Missouri for eight weeks successively the last insertion four weeks previous to the commencement of this Court. And it appearing
(continued)

24
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
January Term 1847.

p 179/180(cont)
to the satisfaction of the Court that the said Defendants are heirs and representatives of Andrew J. Akin, deceased. And it further appearing to the satisfaction of the Court that at the time of the death of the said deceased Andrew J. Akin he was seized and possessed of the following described real estate situate in the County of Greene, viz - - the NW 1/4 of NE 1/4 and E 1/2 of the NW 1/4 also the NW 1/4 of the NE 1/4 all of the above land in Section No. 23 Township No. 30 of Range No. 21 West. And the NE 1/4 of the NE 1/4 of Section No. 22 Township No. 30 of Range No. 21 West, in all 200 acres. And it further appearing to the satisfaction of the Court that the interest of the parties are as follows, viz, Nancy Akin, James P., Peter, John H. Thomas L and George W. Akin are each entitled to one- eighth of the above described tracts of land and Thomas Riddles and Julia his wife are entitled to one-eighth of the said tracts of land as heir of the said Andrew J. Akin, the children of Mary F. Smith are entitled to one-eighth of said tracts of land as heirs of the said deceased, A.J. Akin and known by the names of Peter S., John E., Andrew L. and Mary Smith are each entitled to one-fifth of one-eighth part of said tracts of land and that the above named Isaac Hays and his wife Nancy, formerly Nancy Smith, are entitledto one-fifth of one-eighth part of said real estate as heir to said A.J. Akin by their mother, Mary F. Smith, formerly Mary F. Akin. And it further appearing to the satisfaction of the Court that the above named persons are the only heirs to the said deceased, and that the above described tracts of land are the only real estate that tbe said deceased died seized and possessed of, wherefore it is considered by the Court that a Judgiment of default be rendered against the said Defendants and that the same be prosecuted to final Judgment at the next term of this Court according to the prayer of the said petitioners to which time this cause is continued.

p 180/181.
Maxwell Davis Plaintiff
vs                                                   Trespass
William Caldwell, John Price,
Joseph Price, Thomas Price Defendants
Now at this day come the said Davis, CaIdwell, John Price and Joseph C. Price by their respective attornies and Thomas Price by William C. Price, his guardian adlitem and thereupon the Court ordered a Jury to be empanneled to assess the damages by the said Plaintiff sustained by reason of the Commission of the said trespasses by the said Plaintiff complained of in his said declaration and thereupon came a Jury, to wit: 1. Burton A. James 2. B.S. Lane 3. Solomon Cotner 4. David Appleby 5. Elijah Gray. 6. William L. Herrington 7. William B. Farmer 8. Joseph Morton 9. Alfred Kenney 10. Isaac Woods 11. Edward Moore 12. Washington Wallis, twelve good and lawful men who being duly elected tried and sworn well and truly to assess the damages by the said Plaintiff sustained by reason of the said trespasses upon their oath do say "We the Jury assess the damages by the said Plaintiff sustained by reason of the commission of the said trespasses in his said declaration mentioned at the sum of $17.58." It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the said sum of $17.58 for his damages aforesaid together with his costs in this behalf laid out and expended and that execution issue therefor.

D.J. Gish Complainant
vs                                                   In Chancery
L. Freeman Defendant
Now at this day comes the complainant by his solicitor and by leave of the Court dismisses his said suit. It is therefore considered by the Court that the said suit be dismissed and that the said Defendant have and recover of and from the said Complainant his costs and charges in this behalf laid out and expended and that he have execution -- therefor.

25
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
January Term 1847.

p 181/182.
Daniel D. Berry Plaintiff
vs                                                   Attachment
James P. Akin Defendant
Now at this day comes the said Plaintiff by his attorney and shows to the Court that he has commenced a suit in the Greene County Circuit Court against the said Defendant and his property and the said Defendant not having been summoned and his property and effects having been attached by the Sheriff of Greene County and the said Defendant not having appeared and answered the action at the return term of the Writ and within the first six
days thereof, it is therefore considered by the Court that the said Defendant be notified by publication in a weekly newspaper published in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the commence of the next term of this Court that the said suit in retition in debt by attachment has been commenced against him on two bonds amounting to $153.34 debt and interest and that his property has been attached to satisfy the same and that unless he be and appear at the next term of this Court on or before the third day thereof if the term shall be so long continued and if not then before the end of the term Judgment will be rendered against him and his property and sold to satisfy the same.

p 182/183.
Y.G. Warren
vs                                                   Attachment
Wm. Cox
Now at this day come the said parties by their respective attornies and then came a Jury to wit: D.L. Fulbright I. James Dollison 2. Abner Dabbs 3. Thomas H. Price 4. Martin Ingram 5. Jesse Cunningham 6. Addison Walker 7. Thomas Ellison 8. Robert Moore 9. Josiah Stewart 10. Berry Rose 11. Edward Patterson 12. twelve good and lawful men who being duly elected tried and sworn well and truly to try the issue in this cause and not having time to finish the trial the Jury was permitted to retire until tomorrow morning- under the usual instruction from the court.

p 183/184.
Josiah Burney Complainant
vs                                                   In Chancery
William Cox. Defendant
Now at this day came the complainant by his solicitor and by leave of the Court filed-herein the affidavit of El Nathan D. McKenney publisher of the TEXAS DEMOCRAT a weekly newspaper published in the town of Springfield in the County of Greene and State of Missouri, whereby it appears to the Court that the said Cox has been notified bu publication in the said newspaper of the commencement of this Suit, and of the object and general nature of the bill of Complainant therein and requiring him to appear in this Court on the first day of the term thereof which commenced on the third Monday after the fourth Monday of October 1846 at the Court House in the town of Springfield in said County and answer the said bill, or that the said bill would be taken as confessed which publication was for eight weeks successively the last insertion whereof was more than four weeks before the said third Monday after the fourth Monday of October 1846. And it is also appearing to the Court that all the other Defendants parties to this bill have been duly summoned to appear at the time and place aforesaid and answer said bill and the said Defendants having severally and respectively failed to file their exceptions plead, demur or answer to said bill within the first six days of this term of this Court. It is therefore ordered, adjudged and decreed by the Court that the said bill be taken as confessed and that said Contract of Sale in said bill mentioned be specifically performed, and that the said Cox pay to the-Complainant the sum of $374.911/2 with interest
(continued)

26
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
January Term 1847

p 183/184 (cont)
thereon at the rate of 10% per annum from the ninth day of May 1843 up to the time of final decree being rendered in this cause the same being the amount of the purchase money found by the Court to be due from the said Cox to the said Complainant upon said contract of sale and that thereupon the said Complainant convey to said Cox the said land in said bill msnticned and that unless the said Defendants appear in this Court within the first six days of the term of this Court for May 1847 and show good cause for not being appearing this interlocutory decree shall at such May term be made absolute and execution issue commanding the Sheriff of said County to cause to be made of the land in said bill mentioned the said purchase money and interest as aforesaid together with interest on the amount of the final decree at the rate of 10% per annum from the rendition of such final decree until the return of such execution and also the costs of this suit, unless the said Cox shall before the, complete execution of such execution pay to said Sheriff the full amount of said purchase money interest and costs as aforesaid in which case the Sheriff shall stay all further proceeding on such execution.

p 185.
Yancy G. Warren
vs                                                   Attachment
William Cox
Now at this day come the said Parties by their respective attornies and the Jury empanneled in this cause appearing and after hearing the evidence returned into Court the following verdict "We the Jury cannot agree," thereupon the Jury were by the Court with consent of parties discharged.

p 186.
James Beal Plaintiff
vs                                                   Appeal
Richard Steel Defendant
Now at this day comes the said Plaintiff by his attorney and by leave of the Court dismisses his said appeal. It is therefore considered by the Court that said appeal be dismissed and that the said Steel have and recover of and from the said Beal his costs and charges in this behalf (except as to the fees of Josiah Cain a witness in this cause) laid out and expended and that he have execution on therefor.

p 187.
S.M. Seigler Plaintiff
vs                                                   Petition in Debt
Allen Fielding Defendant
Now at this day come the said Plaintiff by his attorney and by leave of the Court files his demurrer to the said amended plea of the said Defendant which being taken up and after argument it is considered by the Court that said demurrer be sustained and Defendant have leave to withdraw his said plea.

p 188.
Burton A. James Plaintiff
vs                                                   Petition to foreclose mortgage
William Ccx, et al Defendants
This day came the said Plaintiff by his attorney and it appearing to the satisfaction of the Court that a Judgment by default has been rendered against the Defendant at the last term of this Court in the above case and a Writ of Enquery awarded and the said Defendant failing to appear in this Court at this term and show cause why said Judgment should not be made final and the Writ of Enquery being awarded. The Sheriff returned into Court the following Jury, to Wit:
(continued)

27
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
January Term 1847

p 188 (cont)
1. David Appleby 2. Jacob C. Proctor 3. Isaac Faulkenberry 4. James W. Gray 5. Larkin Payne 6. Solomon Cotner 7. R.P. Haden 8. Elijah Gray 9. William Guthrie 10. R.B. Owen 11. Peter Apperson 12. John R. Perkin, twelve good and lawful men, elected tried and sworn to assess the damages in said cause sustained by the Plaintiff said cause being submitted to the Jury, who after retiring to consider of returned into Court the following verdict: "We the Jury find for the Plaintiff and assess his damages to $1010.01." Therefore it is considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $1010.01 together with his costs and charges in this behalf laid out and expended that the equity of redemption be foreclosed to the following described lands mentioned in said mortgage - viz - the W 1/2 of the SE 1/4 and the SW 1/4 of the NE 1/4 of Section No. 17 Township No. 30 Range 24 and that a Special fieri facias be issued and directed to the Sheriff of Greene County camnanding him to sell the same to the highest bidder for cash in hand at the next term of this Court.

p 189. Tuesday 15 January 1847.
S.M. Seigler Plaintiff
vs                                                   Petition in Debt
Allen Fielding Defendant
Now at this day come the parties aforesaid by their attorneys and this cause being ready for trial thereupon came a Jury to wit: Joseph Burden 1. Granberry Rose 2. Isaac Faulkenberry 3. Marcus Boyd 4. D. Appleby 5. William Guthrie 6. Sol Cotner 7. James W. Gray 8. D.D. Berry 9. H.S. Blankenship 10. John Layton 11. R.B. Owens 12 twelve good and lawful men who being duly elected tried and sworn well and truly to try the issue joined in this cause who after hearing the evidence returned into Court the following verdict to wit: "We the Jury do find that Allen Fielding is justly indebted to the said Plaintiff in the sum of $350 for his debt and to the further sum of $23.91 for his damages for the detention thereof in manner and form as alledged against him in said petition mentioned. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $350 for his debt as well as the further sum of $23.91 for his damages assessed as aforesaid together with his costs and charges in this behalf laid out and expended and that he have
execution therefor.

p 190, p 191 nil.

p 192.
F.S. Coleman Plaintiff
vs                                                   Appeal
Joseph Powell Defendant
Now at this day come the parties aforesaid by their respective attornies and this cause being ready for trial. Then came a Jury, to wit: Solomon Cotner 1. D.L. Fulbright 2. Sam Fulbright 3. Ruben Blakey 4. Joseph Burden 5. William Sanders 6. six good andlawful men who being duly elected tried and sworn well and truly to try the issue in this cause, who after hearing the evidence, returned into Court the following verdict to wit: " We the Jury find for the Plaintiff and assess his damages to the sum of $10.50". It is therefore considered by the Court that the said Plaintiff have and recover of and from the Defendant the aforesaid sum of $10.50 damages assessed as aforesaid together with his costs and charges in this behalf laid out and expended and that he have execution therefor.

28
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
January Term 1847.

p 193.
In the matter of Martha Pursely, widow of William Pursely, Deceased, et al In Retition for Partition.
Now at this day the report of the Commissioners heretofore appointed by this Court to make partition of the estate held in joint tenancy between William McFarland and William Pursely, deceased. It appearing to the satisfaction of the Court that an equal partition of said real estate could not be made, and it appearing from the Sheriffs return of the sale of said real estate that the same was sold for the sum of $1700.50 on a credit of twelve months. And it further appearing to the Court that the widow and-Relict of the said William Pursely, deceased, is entitled to the one-third of the one-half of the proceeds of said real estate. The Court do therefore order a Jury to be empanneled to assess the yearly value of the widow's dower in said real estate, therefore came a Jury to wit: R.B. Edmonson 1. Nathaniel Massey 2. E. Gray 3. L.H. Freeman 4. Benjamin Robinson 5. Isaac Faulkenberry 6. D.D. Berry 7. Horace Snow 8. J.P.C. Langston 9. Daniel Appleby 10. Wyatt Sanford 11. William B.Farmer 12. twelve good and lawful men who being duly elected tried and sworn well and truly to-enquire into the matter of controversy, returned into Court the following verdict, to wit: "We the Jury find the damages accruing to the said Martha Pursely, widow of William Pursely, deceased, from the 17th day of November 1846 to this time to be $5.20 and we do further find that the yearly value of the dower of the said Martha Pursely widow of the said William Pursely, deceased, in the real estate mentioned in said petition for partition is $25." It is therefore considered by the Court that the said sum of $5.20 damages assessed aforesaid be paid to the said Martha Pursely widow of the said William Pursely, deceased, and that the sum of $25 the yearly value of the widow's dower in the real estate held in joint tenancy between William McFarland and William Pursely deceased which was sold at the November term 1845 of this Court by virtue of an order of this Court be paid to the said Martha Pursely yearly and every year from this time during her natural life in lieu of dower in and to said real estate mentioned in said estate as aforesaid.

p 194/195.
It is ordered by the Court that the sum of $311 it being the one-third of the one-half-of the proceeds of the sale of the real estate mentioned in the petition for partition of McFarland vs the widow and heirs of William Pursely, deceased, be paid by the late Sheriff of this County to James R. Danforth who is appointed by the Court Commissioner who will enter into bond with security to the State of Missouri in double the amount for the faithful performance of the trust reposed in him. And the said Commissioner is required to lend the same at interest on bond with good security and that he report annually to this court.

p 195.
In the matter of Martha Pursley, widow of William Pursley, deceased and others. Petition for Partition.
Now at this day the report of the Commissioners heretofore appointed by the Court to assign dower to the said Martha Pursley, widow of the said William Pursley, deceased, and made partition of said real estate mentioned in said petition amongst the several heirs of the said William Pursley which report was inspected by the Court. It is therefore considered by the Court that the said report be approved and confirmed and that the partition of said real estate as set forth in the report of the said -Commissioners be effectual and firm forever and that the same be binding and conclusive on all parties to the proceedings and their representatives and all other persons claiming under any of them by right derived by from or through any of said parties and it further appearing to the Court from the said report that there are twentysix and two-thirds acres. It being a part of the SW 1/4 of the NE 1/4 of Sect 25 TWP 29 Range 21 W
(continued)

29
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
January Term 1847.

p 195 (cont)
part or parcel of said real estate that is not susceptible of division without great prejudice to the parties concerned by the Court that the said twentysix and two-thirds acres of said real estate in said petition mentioned be sold by the Sheriff of this County at the next term of this Court at the Court House door to the highest bidder on a credit of twelve months. And it is further ordered by the Court that the said report and this Judgment of confirmation be certified by the Clerk of this Court to the Recorder of the County of Greene, and by him recorded in the Recorders Office in and for said County of Greene.

END OF JANUARY SESSION

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