Abstract of Circuit Court Record Books 1846 - 1852

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Special Adjourned January Session 1850 of November Court 1849

p 349. Monday Morning - Present as on 6 day December 1849.

p 350.
John S. Phelps
vs                                                   Assumpsit
James Rains
Now at this day come the parties in this cause and by agreefflent of said parties this cause is dismissed, each party mutually agreeing to pay his own costs. In consequence of the absence of the Prosecuting Attorney it is ordered by the Court here that William C. Price esq be and is hereby appointed Prosecuting Attorney Proempore who after having taken an oath to support the Constitution of the United States and this State and to faithfully demean himself in said office proceeded to discharge of his said office.

p 351. 2nd day of Adjourned Session (January 15, 1850) of November Court 1849.
Henry And Cunningham
vs                                                   Petition Foreclose Mortgage
Jesse Day
Now at this day comes into Court the Plaintiffs by their attorney and the Defendant, although three times solemnly called, come not but makes default and it being proved to the Court here that Publication of the Institution of this suit has been made in the SPRINGFIELD ADVERTISER (a weekly newspaper) published in Springfield, Mo., for eight weeks successively the last insertion four weeks before the commencement of this term of this Court, it is therefore considered by the Court here that the said Defendant doth confess the said petition and the matters and things therein as stated in said petition to be true. And the demand of the Plaintiffs being founded on a promissary note and a book A/C Mortgage Deed in writing the Court do find that the said Defendant is indebted to the said Plaintiff in the sum of $537.92 for his debt and also the sum of $100.54 for his damages for the detention thereof, and the Court also finds that the following real estate is mortgaged to the said Plaintiffs by said Defendant to secure the payment thereof, to wit: the SE 1/4 of Sect. nine Township 29 Range 21 W and the W 1/2 of the E 1/2 of the SW 1/4 of Sect. one Township 29 Range 21. It is therefore considered by the Court that the said Plaintiffs have and recover of and from the said Defendant the said sums of money together with their costs and charges in this behalf laid out and expended.
(continued)

88
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
SPECIAL ADJOURNED
JANUARY SESSION 1850
OF NOVEMBER COURT 1849

p 351 (continued)
It is further considered by the Court that the equity of redemption of this said real estate be forever foreclosed and that the said real estate be sold to satisfy the said amounts due to the said Plaintiffs with interests and costs and that an execution issue directed to the Sheriff of Greene County commanding him to levy the amount of said sums of money of said real estate or so much thereof as will satisfy said Mortgages debt, and if said real estate be not sufficient therefor then of the other goods and chattels lands and tenements of said Defendant.

Wednesday Morning. Court met persuant to adjournment - Present as on yesterday, John T. Coffee Esq being also present.

p 351, 352 - nil.

p 353. Thursday Morning Court met, etc.
N.S. Turner Plaintiff
vs                                                   In Chancery
Jos. Jones Defendant
Now at this day comes the Defendant by his solicitor and moves the Court to rule the Plaintiff to give security for costs and all and singular the premises being seen and fully understood it is considered by the Court that said Plaintiff file a good and sufficient bond for costs in this suit sixty days before the next term of this Court.

p 354/355.
John Evans and Mary Evans
vs                                                   Petition for partition of Real Estate
James F. Wilson, Wm. C. Wilson, Isaac N. Wilson
Margaret R. Wilson and Deannah E. Wilson, by
Hosea Mullings, Guardian of Minor Heirs of
Thomas C. Wilson, Deceased.
Now at this day comes the respective parties by their attorney and by leave of the Court files here in their petition for partition of the following described real estate, to wit: the SW 1/4 of Sect 1 in Township 30 of range 22W. part of SE 1/4 of same Sect, Township and Range , beginning at the SW corner of said 1/4 running East fifty poles and fifteen linkS, thence South to the beginning. the N 1/2 of the W 1/2 of the NW 1/4 of Sect 12 in Township 30 Range 22 W. The E 1/2 of the NW 1/4 of Sect 12, same Township and Range, beginning at the NW corner of said quarter, running East fifty poles fifteen links thence South onehundred and sixty poles thence West fifty poles and fifteen links thence North to the beginning. The SE 1/4 of Sect 14 Township 30 Range 22 W and the 5 1/2 of the E 1/2 of the NE 1/4 of Sect 14 same township and Range. That the said John Evans and Mary Evans, his wife, formerly Mary Wilson and James F. Wilson, William C. Wilson, Isaac Wilson, Margaret R. Wilson and Deannah E. Wilson who are minors under the age of 21 yrs are entitled to onesixth part of all the above described real estate. It is therefore ordered, adjudged and decreed that partition and division be made of the above described real estate according to the several rights of the said heirs and the finding of this Court that Thomas Tiller, Elisha Headlee and James W. Blakey be and they are hereby appointed as Commissioners to make partition accordingly if the same can be done without -great prejudice to the parties, and if not, to report that fact to this term of this Court.

p 355.
John Evans and Mary Evans
vs                                                   Petition for Partition
James F. Wilson, et al
(continued)

89
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
SPECIAL ADJOURNED
JANUARY SESSION 1850
OF NOVEMBER COURT 1849

p 355 (cont)
Now at this day comes into Court Thomas Tiller, Elisha Headlee and James W. Blakey who was by this Court appointed Commissioners to make partition of the real estate of which Thomas C. Wilson died seized and possessed of and makes their report " That in their opinion partition of said real estate cannot be made without great prejudice to the owners. It is further ordered by the Court that the Sheriff sell the premises at Public Auction to the highest bidder.

p 356 - nil

p 357.
John S. Phelps Plaintiff
vs                                                  
Joseph A. Renshaw Defendant
Now at this day come the Defendant in this cause and the Plaintiff being thrice solemnly called comes not but makes default and all and singular the premises being seen and fully understood, it is considered by the Court that said motion be sustained and that the said Defendant have and recover of and from said Plaintiff his costs and charges in this behalf laid out and expended for all of which execution may issue.

Miller and Young Plaintiff
vs                                                   Petition in Assumsit
Wyatt Sanford Defendant
Now at this day come the Plaintiffs by their attorney and it appearing to the satisfaction of the Court by the return of the Sheriff that said Defendant cannot be found in said County of Greene and it being made appear to the satisfaction of the Court that Process cannot be served on the Defendant. It is therefore ordered by the Court that the said Defendant be notified that suit has been commenced against him in Greene Circuit Court by the said Plaintiffs Waller H. Miller and Hord Young partners, founded on a promissary note dated 5th of January 1841 for the sum of $174.05 with interest at the rate of 10% per annum by petition praying judgment therefor, and that he be required to appear on the third day of the next term of said Greene Circuit Court which will commence on the 27th day of May A.D. 1850 and answer said petition or the same will be taken as confessed.

p 358.
Isaac P. Russel Plaintiff
vs                                                   Petition to Stay Execution
Sheppard and Perryman Defendants
Now at this day come the parties by their respective attorneys and this case coming on to be tried was submitted to the Court who after hearing all the evidence in behalf of the Plaintiff and Defendants and also the argument of Counsel, the Court do find the facts stated in the Petition to be true, and that the said execution ought to be staid. It is therefore considered by the Court that the stay of Execution be made perpetual and that the Plaintiff recover his costs and charges by him laid out and expended about the prosecution of this petition for all of which execution may issue.

p 359.
Isaac P. Russel
vs                                                   Petition to Stay Execution
Sheppard and Perryman
Now again come the Defendants in this cause and filed herein their motion to set aside the finding of the Court and grant them a new trial which motion is by the Court 0ver-ruled. And thereupon the Defendants prayed an appeal to the -Supreme Court, filed their
(cont)

90
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

JANUARY Session 1850
Book C.

p 359 (cont).
affidavit and the Appeal was by the Court allowed, and the Defendants then entered into recognizance in the sum of $100 with James W. Blakey and Isaac Julian as securities which securities were approved by the Court as follows, viz - the said John O. Sheppard and Willis Perryman as principals and James W. Blakey and Isaac Julian as securities acknowledged themselves to owe to said Isaac P. Russell the sum of $100 to be levied of their respective goods and chattels lands and tenements. To be void if said John O. Sheppard and Willis Perryman shall prosecute their said appeal in this cause with due diligence to a decision in the Supreme Court, and that if the Judgment appealed from is affirmed or their appeal dismissed they will pay whatever of debt, damages and costs have been recovered against them by the Judgment of the Circuit Court together with the interest that shall grow due thereon. Or that they will otherwise perform the Judgment of the Circuit Court, and that they will also pay the costs and damages that may be adjudged against `them in the Supreme Court upon their appeal.

John B. Brinker, as Admin.
against
Littleberry Hendrick
Before Joshua Davis Clerk of the Circuit Court - Littleberry Hendrick having confessed judgment for the sum of $540 debt and $39 for his damages together with his costs and charges in this behalf expended, it is therefore considered that said Plaintiff have and recover of and from said Defendant the aforesaid debt, damages and costs.

Morgan & McClung
against
A. & M. Richardson
Before Joshua Davis Clerk of the Greene Circuit Court John M. Richardson having confessed Judgments to the above Plaintiffs for the sum of $2069.81 for their debt and damages together with their costs and charges in this behalf expended, it is therefore considered that the said Plaintiff have and recover of and from the said Defendants the aforesaid debt, damages and costs.

91

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