Springfield-Greene
County LibraryBOOK F
January Term 1864
p 421.
Bank of Missouri Plaintiff
vs Civil Action
Marcus Boyd, C.H. Boyd & R.B. Owen Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court files his motion to strike out the answer of Defendants heretofore filed in this cause.
State of Missouri Plaintiff
vs Treason
Abner Hamlin Defendant
Now at this day comes the Jury in to Court, the Defendant in person and by attorney, also the Circuit Attorney and this cause progresses.
Ordered by the Court that Court adjourn till tomorrow morning 9 o'clock.
John W. WaddillCircuit Judge
p 422. February 10, 1864.
Court met pursuant to adjournment present as on yesterday.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to Elija Gray to the following des cribed real estate, viz: NW 1/4 SW 1/4 Section 23 Township 28 Range 22, said Gray being the purchaser of said real estate under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of John Richmond and against William H. Blakey, Samuel Fulbright , Thomas R. Bridges and James P. Gray.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to Reuben A.M. Rose to the following described real estate, to wit: NW 1/4 SW 1/4 Section 13 SW 1/4 of SW 1/4 Section 25 NW 1/4 SW 1/4 and W 1/2 of NW 1/4 and E 1/2 of NW 1/4 and NW 1/4 of SE 1/4 of Section 13 all in Township 28 Range 23, said Rose being the purchaser of said real estate under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Joel Phillips and against William Tifton Carter.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a deed to Morris M. McClure to the following described real estate, to wit: SW 1/4 of NE 1/4 Section 2 Township 28 Range 22, said McClure being the purchaser of said real estate under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Granville Vaughan, another in favor of Charles Sheppard and Jack Kimbrough and another in favor of William A. Campbell, all being against John H. Miller.
p 423.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a deed to William J. McDaniel to the follow ing described r eal estate, to wit: Commencing at the SouthEast corner of Section 14 Township 29 Range 22, thence West on the Section Line dividing Sections 14 & 23, 40 rods to a beginning point, thence 16 rods North for a beginning, thence West 20 rods, thence North 12 rods or to the center of an alley dividing the lands now owned by Allen Mitchell and said Warren H. Graves, thence East along the center of said Alley 20 rods, thence South 12 rods to beginning, reserving on the side streets and alleys also right of way for SW Branch Pacific RailRoad, the Equity of Redemption having been ordered to be furnished by the Court aforesaid, McDaniel being the purchaser of said real estate under an execution issued from the Clerk's Office of the Circuit Court of said County and
(continued)
155
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 423 (continued)
State in favor of Warren H. Graves and against James B. Brown.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to McElhaney and Henslee to the following described real estate, to wit: theNE 1/4 of SW 1/4 and NW 1/4 of SW 1/4 Section 26 and the NW 1/4 of SE 1/4 of Section 27 all in Township 28 Range 21 in Greene County, State of Missouri, said McElhaney and Henslee being the purchaser of saidreal estate under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of McElhaney and Henslee and against William S. Wilks.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to Henry Sheppard to the following described real estate to wit:NW 1/4 SE 1/4 Section 15 Township 28 Range 22 said Henry Sheppard being the purchaser of said real estate under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of John Richmond and against William H. Blakey, Samuel Fulbright, Thomas R. Bridges and James P. Gray.
p 424.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to Louisa T. Dysart to the following described real estate, to wit:one acre in SouthEast corner of NE 1/4 of SE 1/4 Section 10 Township 30 Range 22 also SE 1/4 of SE 1/4 Section 10 Township 30 Range 22, said Louisa T. Dysart being the purchaser of said real estate under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Elisha Headley, admin estate A.H. Matthews and against William J. Grant and William Perry.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to Penelope Beal to the following described real estate, to wit. SW 1/4 of NE 1/4 and SE NW 1/4 Section 29 Township 29 Range 22, Said Beal being the purchaser of said real estate under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Penelope Beal and against Allen H. Beal and George T. Beal.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to Elam P. Gott to the following described real estate, to wit: NE 1/4 of NE 1/4 of Section 2 Township 29 Range 22 in Greene County, Missouri, said Gott beingthe purchaser of said real estate under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Nancy Davis and against Nowlin A. Davis.
p 424/425.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to Abraham Woody to the following describedreal estate, viz: NW 1/4 of NE 1/4 Section 18 Township 28 Range 20, SW 1/4 of SW 1/4 and NW SE Section 17 Township 28 Range 20, said Woody being the purchaser of said real estate under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Robert McElhaney and Clement Jaggard both against John D. Brown.
p 425.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a deed to Henslee and Clark to the following described real estate, viz: NW 1/4 of NE 1/4 and SW 1/4 of NE 1/4 of Section 26 Township 28 Range 21
(continued)
156
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 425 (continued)
in Greene County, Missouri, said Henslee and Clark being the purchaser of said real estate under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Bedford W. Henslee and Joseph N. Clark and against Shelton A. McKinney, Jesse S. McKinney and Bedford M. McKinney.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, State of Missouri, and in Open Court acknowledges that he executed a Deed to M.M. McClure to the following described real estate, viz: Part of the SW 1/4 of the NEt Section 29 Township 31 Range 20 containing one acre, said McClure being the purchaser of said real estate under an execution issued from the Clerk's Office of the Circuit Court of said County and State in favor of Morris M. McClure, Rufus McClure and John McClure and against T.A. Cole.
W.H. Henslee, assignee of Jabez Owen Plaintiff
vs Civil Action
F.J. Abernathy Defendant
Now at this day, the Court having been of Counsel in this cause a change of venue is awarded to the Polk County Circuit Court.
p 426.
Logan and Morton, a firm doing business under
name and style of
B. Logan and John Morton Plaintiff
vs
John B. Ruby Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant cannot be summoned in this action. It is ordered by the Court that publication be made notifying him that an action has been commenced against him in the Circuit Court of Greene County, State of Missouri, founded on a note dated January 9th 1861 and due one day after date for the sum of $85 with interest from maturity and unless be be and appear at the next term of this Court to be holden at the Court House in Springfield in Greene County on the first Monday in August A.D. 1864 and on or before the 6th day thereof if Court shall so long continue, if not before the end of the term and plead answer or demur to Plaintiff's petition, the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. And it is further ordered by the Court that a copy hereof be published in the Springfield Journal, a weekly newspaper published in Greene County, Missouri, for four weeks successively, the last insertion to be at least four weeks before the commencement of the next term of this Court.
p 426/427.
S.S. Vinton Plaintiff
vs
H.G. Davis, Abraham Davis Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant cannot be summoned in this action. It is ordered by the Court that publication be made notifying him that an action has been commenced against him in the Circuit Court of Greene County, State of Missouri, founded on a note dated March 7th A.D. 1860 and due on or before the 25th day of December, next, thereafter for the sum of $100 with interest at the rate of 10% per ann12m and damages and unless he be at the next term of this Court to be holden at the Court House in Springfield in Greene County on the first Monday in August A.D. 1864 and on or before the 6th day thereof if Court shall so long continue, if not before the end of the term and plead answer or demur to Plaintiff's petition, the same will be taken as confessed and judgment rendered
(continued)
157
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 426/427 (cont)
against him and his property sold to satisfy the same.And it is further ordered by the Court that a copy hereof be published in the Springfield Journal, a weekly newspaper published in Greene County, Missouri, for four weeks successively, the last insertion to be at least four weeks before the commencement of the next term of this Court.
p 427.
Bank of the State of Missouri Plaintiff
vs Civil Action
John B. Clark Jr & Co, a firm doing
business of John B. Clark Jr & Robert
V. Keller & also John Lair and
Homer F. Fellows Defendants
Now at this day comes the Plaintiff by attorney and dismisses this cause as to Defendants Keller and Lair and it appearing to the satisfaction of the Court that Defendants John B. Clark Jr and Homer F. Fellows had been duly served with process at least fifteen days days before the first day of the present term of this Court and said Defendants having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a bill of exchange signed by Defendants the Court doth find on an examination of the same that Defendantsis indebted to Plaintiff in the sum $1000 debt and also the sum of $188 damage.It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from said Defendant her said debt and damage as well as costs in this behalf laid out and expended and that execution may issue therefor.
p 428.
Charles Sheppard, trustee of the
Presbyterian Church of Greene County Plaintiff
State of Missouri
vs Civil Action
W.B. Logan, Henry Sheppard and
Horace Saunders, trustees of the
Presbyterian Church of Greene County,
State of Missouri Defendants
Now at this day comes the Plaintiff by attorney and dismisses this cause as to Horace Saunders and it appearing to the satisfaction of the Court that the Defendants W.B. Logan and Henry Sheppard had been duly served with process as the Law directs 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 Plaintiffs have judgment interlocutory but it not appearing to the Court what amount Plaintiff ought to recover of Defendants. It is ordered that inquiry be had at the next term of this Court and the amount ascertained when this judgment will be made final unless cause to the contrarybe shown and this cause is continued till next term.
p 428/429.
Elizabeth Rucker Plaintiff
vs Civil Action
Thomas J. Crittenden &
William A. Jackson Defendants
Now at this day comes Plaintiff by attorney and it appearing to the Court that Defendant Thomas J. Crittenden had been duly notified as the Law directs by publication in the Springfield Journal for fourweeks successively the last insertion being more than four weeks before the first day of the present term of this Court and Defendant Jackson served with process at least fifteen days before the first day of this term and this action being
(continued)
158
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 428/429 (cont)
founded on a promissory note signed by Defendants for the direct payment of money whereby the amount of Defendants indebtedness to Plaintiff is ascertained.The Court doth find on an examination of the instrument sued on that Defendants are indebted to Plaintiff in the sum of $50 for debt and also the sum of $11.45 damage.Also, there was a Writ of Attachment issued from the Clerk's office directed to the Sheriff of Greene County. Said Writ of Attachment was returned by said Sheriff on 9th day of January 1864 served by levying on the following described real estate in Greene County in State of Missouri, as the property of the said Defendant Thomas J. Crittenden, viz: W 1/2 of SE 1/4 and SE 1/4 of SW 1/4 Section 25 Township 28 Range 24.It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from said Defendants her said debt and damage as well as cost in this behalf laid out and expended and that a special execution issue against the Defendant Thomas J. Crittenden and a general execution against Defendant W.A. Jackson and that this judgment bear 10% interest per annum.
p 429.
Now at this day comes the Grand Jury into Open Court and through their foreman and in presence of said Jury returned into Court the following Indictments viz:
No. 1
State of Missouri
vs Selling Liquor Without License
James Burns
No 2.
State of Missouri
vs Selling Liquor Without License
James Burns
No. 3
State of Missouri
vs Selling Liquor Without License
A. Hollingsworth
p 430.
Two more unidentified Indictments.
Which said Indictments were ordered by the Court to be filed and capiases issued returnable instanter.
State of Missouri Plaintiff
vs Forfeiture Recognizance
W.A. Campbell, B.A. Barrett,
James J. Weaver Defendants
Now at this day comes the Defendants by Attorney and by leave of Court files their Bill of Exceptions.
Now at this day comes Elisha White who on oath says did not refuse to serve upon the Jury on which he had heretofore been summoned out of any contempt to this Court but because he was engaged in the service of the Government that would not permit him to do so. It is therefore considered by the Court that the rule heretofore entered against said Defendant as revoked and for naught held and that Defendant has purged himself of Contempt and go hence without day.
159
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 430.
Now at this day comes J.T. Fielder one of Grand Jurors summoned on the Special Grand Jury heretofore ordered by this Court and having shown cause sufficient to the Court said Fielder is by the Court released from Service of said Jury.
Now at this day comes James W. Gray who has been summoned as a grand Juror for the Special Grand Jury of this Court and having taken and subscribed the Oath required by the Convention is duly sworn as a Grand Juror for the Special Grand Jury heretofore mentioned.
p 431.
State of Missouri Plaintiff
vs Treason
Abner Hamlin Defendant
Now at this day comes the Jury into Court and this trial progresses whereupon the Defendant in his own proper person files a motion to exclude testimony which being argued is by the Court overruled to which ruling ofthe Court Defendant excepts.
Joel Phillips Plaintiff
vs Civil Action
William T. Carter, where inJobe Rose
was summoned as Garnishee Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court from the answer of Jobe Rose who was summoned as Garnishee in said cause that he is indebted to Defendant William T. Carter in the sum of $44.It is therefore considered and adjudged by the Court thatPlaintiff have and recover of and from the said Jobe Rose the said sum of $44 for which execution may issue.
James R. Danforth Plaintiff
vs Civil Action
P.R. Smith & Thomas K. Harmon Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to P.R. Smith and files of indemnity his bond fordouble the amount for which judgment is asked which bythe Court is approved and it appearing to the satisfaction of the Court that the Defendant Harmon had been served with process at least 15 days before the first day of the present term of this Court and this action being founded on a lost promissory note and Defendant having failed to plead to Plaintiff's petition said petition is taken as confessed after the contents have been proven by Plaintiff.The Court doth find that Defendant Harmon is indebted to Plaintiff in the sum of $933.37 debt and $171.04 damage. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from the said Defendant his debt and damage.
p 432.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill Court Judge
Springfield, Missouri February 11th 1864
Court met pursuant to adjournment present as on yesterday.
Now at this day it is ordered by the Court that a Special Adjourned Session of this Court be held on the first Monday in June 1864 in continuation of the present regular term.
160
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 432.
Eli G. Paris, admin de bonis
non estate of John Young, deceased Plaintiff
vs Civil Action
John S. Phelps Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant had been duly served with process at least 15 days before the first day of the present term of this Court and Defendant 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 signed by Defendant for the direct payment of money whereby the Plaintiff's demand is ascertained. The Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $1152 debt and also $57.60 damage. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendant his said debt of $1152 and his said damage of $57.60 and also all cost in this behalf laid out and expended for which execution may issue and that this judgment bear 10% interest per annum.
p 433.
Thomas A. Reed, Sheriff of
Greene County, Missouri Plaintiff
vs Civil Action
Henry Sheppard Defendant
Now at this day comes Thomas A. Reed, Sheriff of Greene County, and files his motion asking for a Judgment against Henry Sheppard for the sum of $889 for the difference between the amount bid by him for a tract of land at Sheriff's sale and what it brought at a second sale made by said Sheriff after the said Henry Sheppard refused to pay the amount of his bid.
p 433/434.
State of Missouri Plaintiff
vs Treason
Abner Hamblin Defendant
Now at this day this cause progresses and the Circuit Attorney appearing on behalf of the State and Defendant in his own proper person and by attorney, and the Jury having heard the evidence produced in this cause and received the instructions of the Court retired to consider of their verdict. Upon returning into Court they, through their foreman, in presence of the Jury, returned their verdict which is in the words and figures as follows, viz: We the Jury find the Defendant not guilty as charged in the Indictment, Tillman Carter, foreman. It is therefore considered and adjudged by the Court that the State of Missouri take nothing by her said Indictment and that Defendant go hence without day and that Defendant have and recover of and from Plaintiff his costs in this behalf laid out and expended for which a fee bill may be issued.
p 434/435.
Solomon C. Nevill Plaintiff
vs Civil Action
James S. Jones and Richard M. Jones Defendants
Now at this day comes on to be heard the above entitled Cause and the Plaintiff appearing by attorney. The Defendants came not but make default and it appearing to the satisfaction of the Court that the said Defendants have been duly served with process by publication in the Springfield Journal, a newspaper published in this State, for four successive weeks the last insertion of said publication being at least four weeks before the first day of the present term of this Court and said Defendants having failed to plead, answer or demur to Plaintiff's petition the same remaining wholly unanswered
(continued)
161
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 434/435 (continued)
is taken for confessed.It is therefore considered by the Court that Plaintiff recover judgment against said Defendants and it further appearing to the satisfaction of the Court that Plaintiff as the security of one of said Defendants James S. Jones paid to the Bank of the State of Missouri on the 27th day of August 1863 the sum of $2366.15 the amount of a judgment recovered by said Bank against said Plaintiff on a certain promissory note executed by said James S. Jones as principal and the said Richard M. Jones and and Plaintiff his securities and that said James S. Jones by reason of the premises is indebted to Plaintiff in the sum aforesaid.It is therefore considered by the Court that Plaintiff have and recover of and from said James S. Jones the said sum of $2366.15 for his debt and the further sum of $104.05 for his damage for the detention of said sum aforesaid as well as his cost in this behalf laid out and expended and that execution issue therefor.And it further appearing to the satisfaction of the Court that said Richard M. Jones in the promissory note aforesaid was the cosecurity of the Plaintiff and that Plaintiff as his co-security paid for his use benefit and behoof the one half of the sum first aforesaid to wit the sum of $1183.07 and that said Defendant Richard M. Jones by reason thereof is indebted to Plaintiff therefor in said last aforesaid sum. It is therefore further considered by the Court that Plaintiff have and recover of and from said Defendant, Richard N. Jones the said sum last aforesaid for his debt and the further sum of $52 for his damage for the detention thereof as well as his cost in thisbehalf laid out and expended and that execution issue therefor.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill Cir Judge
February 12th 1864, Springfield, Mo.
Court met pursuant to adjournment.Present as on yesterday.
p 436.
Joseph J. Weaver, curator of the estate
of Anna E. Weaver, minor Plaintiff
vs Civil Action
John S. Phelps 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 served with process at least 15 days before the 1st day of the present term of this Court and having withdrawn the answer heretofore filed in this cause and this action being founded on a promissory note signed by Defendant's wife the Court doth findfrom an examination of the same that Defendant is indebted to Plaintiff in the sum of $2238.34 debt and also $420.09 damage.It is therefore considered by the Court that Plaintiff have and recover of and from said Defendant his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and judgment bear 10% interest.
p 436/437.
Eli G. Paris, admin de bono non
of estate John Young, deceased Plaintiff
vs Civil Action
Thomas D. Wooten Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that this is an action to enforce a vendor's lien to the following described real estate, viz: W 1/2 of NW 1/4 of Section 33 Township 29 Range 21W, E 1/2 NW 1/4 Section 33 and NE 1/4 Section 33 Township 29 Range 21W, and it appearing to the satisfaction of the Court that Defendant had been duly notified by publication in the Springfield Journal a newspaper published in the State of Missouri for four weeks successively the last insertionat least four weeks before the first day of the present term of this Court
(continued)
162
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 436/437 (continued)
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 as well as to enforce the vendor's lien heretofore mentioned whereby the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $500 debt and also $123.75 damage. It is therefore considered by the Court that Plaintiff have and recover from Defendant his said debt and damage as well as costs in this behalf laid out and expended and that the vendor's lien in and to the foregoing described real estate be forever foreclosed and that a special fi fa issue against said real estate and that all or so much thereof as is necessary be sold to satisfy said execution and this judgment bear 10% interest.
p 437/438.
J.S. Moss, surviving parther of
J.S. Moss and Co. Plaintiff
vs Civil Action
B.A. Barrett 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 served with process at least fifteen days before the first day of the present term of this Court and the Defendant being three times solemnly called comes not but makes default and this action being founded on a promissory note signed by Defendant for the direct payment of money whereby Defendants indebtedness to Plaintiff is ascertained. The Court doth find on examination of the same that Defendant is indebted to Plaintiff in the sum of $475.80 debt and also the sum of $179.68. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendant his said sum first aforesaid for debt and also his said sum last aforesaid for his damage and also the cost in this behalf laid out and expended for which execution may issue and that this judgment bear 10% interest p.a.
p 438.
Bank of State of Missouri Plaintiff
vs Civil Action
James S. Jones, John A.
Miller, G.P. Shackleford Defendants
Now at this day comes William S. Norfleet and B.W. Henslee admins of estate of G.P. Shackleford, deceased, by attorney and leave is given till first Monday in June to plead in this cause.
Bank of Missouri Plaintiff
vs Civil Action
J.S. Jones and G.P. Shackleford Defendants
Now at this day comes William S. Norfleet and B.W. Henslee admins of estate of G.P. Shackleford, deceased, by attorney and leave is given till first Monday in June to plead in this cause.
Bank of Missouri Plaintiff
vs Civil Action
Jacob Shultz, G.P. Shackleford
and John Lair Defendants
Now at this day comes William S. Norfleet and B.W. Henslee admins of estate of G.P. Shackleford, deceased, by attorney and leave is given till first Monday in June to plead in this cause.
163
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 439.
Bank of Missouri Plaintiff
vs Civil Action
R.H. Woodson, John Lair,
G.P. Shackleford Defendants
Now at this day comes William S. Norfleet and B.W. Henslee admins of estate of G.P. Shackleford, deceased, by attorney and leave is given till first Monday in June to plead in this cause.
Bank of Missouri Plaintiff
vs Civil Action
A.D. Brown, G.P. Shackleford Defendants
Now at this day comes William S. Norfleet and B.W. Henslee admins of estate of G.P. Shackleford, deceased, by attorney and leave is given till first Monday in June to plead in this cause.
Bank of Missouri Plaintiff
vs Civil Action
R.P. Haden, W.H. Frazier
and G.P. Shackleford Defendants
Now at this day comes William S. Norfleet and B.W. Henslee admins of estate of G.P. Shackleford, deceased, by attorney and leave is given till first Monday in June to plead in this cause.
Bank of Missouri Plaintiff
vs Civil Action
Freeman, John Lair,
G.P. Shackleford Defendants
Now at this day comes William S. Norfleet and B.W. Henslee admins of estate of G.P. Shackleford, deceased, by attorney and leave is given till first Monday in June toplead in this cause.
p 439/440.
John Potter Plaintiff
vs Civil Action
Richard M. Jones, George W. Jones Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Defendant George W. Jones and the Plaintiff having announced himself ready for trial and the Defen ant having failed to appear but made default and this action being founded on a claim for damage sustained by Plaintiff at the hands of Defendantthereupon comes a Jury, viz: W.R. Robertson, O.H.R. Hastings, L.M. Patterson, E. Baker, J.H. McCluer, G.W. Jamison, Jas Hollingsworth, J.L. Gardner, A.H. Scott, F.M. Watson, J.G. Dollison and George O'Bryant, twelve good and lawful men who having taken and subscribed the oath prescribed by the Convention were duly sworn to try the issue. After hearing the evidence and receiving instructions of the Court retired to consider of their verdict. After returning into Court, they, through their foreman, thereby presented the following verdict, viz: We the Jury find for the Plaintiff and assess the damage he has sustained at the sum of $1200, F.M. Watson, foreman. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment bear six percentinterest.
164
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 440.
State of Missouri Plaintiff
vs Treason
William Gray Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and the Defendant in his own proper person and by attorney the motion to quash the Indictment against Defendant having been heard the Court doth hold that the said Indictment and the matters therein contained in manner and form as therein set forth are insufficient for the State to maintain her aforesaid Indictment against said Defendant. It is therefore considered by the Court that said Indictment is insufficient to hold said Defendant to answer said charges and that the State of Missouri take nothing by her said Writ and that Defendant go hence without day to which ruling of the Court the Circuit Attorney excepts and prays an appeal which by the Court is granted to the Supreme Court.
p 441.
Alfred Garason Plaintiff
vs Civil Action
Leonidas C. Campbell, John Blackman,
James P. Walker, Benjamin W. Cannefax Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court suggests the death of Defendant Campbell and it appearing to the satisfaction of the Court that the other Defendants have been duly notified by publication in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead to Plaintiff's petition the same is taken as confessed. It is therefore considered by the Court that Plaintiff have judgment against said last named Defendants but it not appearing to the satisfaction of the Court what amount Plaintiff ought to recover. It is ordered that enquiry be had at the next term of this Court and the amount ascertained when this judgment will be made final unless cause to the contrary be shown to which time this cause is continued.
p 441/442.
James Ivans Plaintiff
vs Civil Action
Leonidas C. Campbell, John Blackman,
James P. Walker, Benjamin W. Cannefax Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court suggests the death of Defendant Campbell and it appearing to the satisfaction of the Court that the other Defendants have been duly notified by publication in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead to Plaintiff's petition the same is taken as confessed. It is therefore considered by the Court that Plaintiff have judgment against said last named Defendants but it not appearing to the satisfaction of the Court what amount Plaintiff ought to recover. It is ordered that enquiry be made at the next term of this Court and the amount ascertained when this judgment will be made final unless cause to the contrary be shown to which time this cause is continued.
p 442.
Layton Jones and Co. Plaintiff
vs Civil Action
Elisha Headlee admin estate of
W.S. Hughes, deceased Defendant
(continued)
165
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 442 (continued)
Now at this day comes the Plaintiff by attorney and on his motion H.J. Lindenbower is appointed guardian ad litem for Claude Hughes and Ada Hughes.
David Eberly Plaintiff
vs Civil Action
John S. Blackman 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, a newspaper published in the State of Missouri, for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court 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 the plaintiff have judgment but it not appearing to the satisfaction of the Court what amount Plaintiff ought to recover.It is ordered that enquiry be had at the next term of this Court and the amountascertained when this judgment will be made final unless cause to the contrary be shown and this cause is continued until the next term of this Court.
p 443.
Harvey Fry Plaintiff
vs Civil Action
Leonidas C. Campbell, Simpson Clark Defendants
Now at this day comes the Plaintiff by attorney and by leave of Courtdismisses this suit as to Defendant Campbell and itappearing to the satisfaction of the Court that the Defendant Clark had been duly notified by publication in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead to Plaintiff's petition the same is taken as confessed.It is therefore considered by the Court that the Plaintiff have judgment against Defendant but it not appearing what amount Plaintiff ought to recover.It is ordered that enquiry be bad at the next term ofthis Court and the amount ascertained when this judgment will be made final unless cause to the contrary be shown and this cause is continued until the next term of this Court.
p 444.
Burr H. Emmerson Plaintiff
vs Greene Circuit Court 1864
Carrick W. Aiken Defendant
Now at this day it appearing to the satisfaction of the Court that the Defendant cannot be summoned in this cause, it is therefore ordered by the Court that publication be made in the Springfield Missourian, a newspaper published and printedin the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the next term of this Court notifying said Defendantthat an action has been commenced against him by the Plaintiff inthis cause the object of which is to obtain a judgment against him for amount claimed by Plaintiff as services as Defendant's attorney in certain cases specified in Plaintiff account the total amount of which after allowing all just credits and setoffs is $256 that unless he appears at the next term of this Court which will commence on the first Monday in August A.D. 1864 and on the 6th day thereof if the term shall so long continue if not then before the end of the term answer or demur to Plaintiff's petition the same will be taken as confessed and Judgment rendered accordingly.
166
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 444. February 12, 1864.
State of Missouri Plaintiff
vs Treason
William Gray Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person as principal and Washington Merritt and Chesley Cannefax as his securities and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $2500 to be levied of their respective goods and chattels lands and tenements but to be void upon condition that the said William Gray shall appear in the Supreme Court at the next term thereof and receive judgment on the appeal taken in this cause and in the Court in which the Indictment was found. If the Supreme Court shall so order at such time and places said Court shall direct and that he will render himself in execution and that he will render himself and execution and obey every order and judgment made in the premises.
p 445.
Elisha Headlee admin of estate of
G.M. Goss & also William H. Pipkin Plaintiff
vs Civil Action
Pascal McMinn Defendant
Now at this day comes the Plaintiffs by attorney and also the Defendant in his own proper person and files his written statement verified by affidavit in which he says he owes Plaintiffs justly the sum of $466.12 and that he has given said Plaintiffs a mortgage on the following described real estate, viz: A part of the SW 1/4 of NE 1/4 Section 29 Township 29 Range 20 beginning at a rock planted 2 chains and 161/2 links West of SE corner of above named 1/4 thence North 9 chains and 25 links to a stone, thence West 2 chains and 5 links to a stone, thence South 9 chains to a stone, thence East 2 chains and 161/2 links to the beginning, also the following personal estate, viz:one yoke of oxen and gray mare12 years old, one bay colt one year old, two cows, one set of blacksmith tools, and it also appearing that Defendant prays the Court to render judgment against him for this said sum of $466.12 and also to foreclose the Equity of Redemption in the above described real estate and personal property.It is therefore considered by the Court that Plaintiffs have and recover of and from Defendant their Law debt and damage as well as costs in this behalf laid out and expended and that the Equity of Redemption in the foregoing real estate and personal property be foreclosed and that a special fi fa against said property and all or so much thereof as is necessary be sold to satisfy said execution.
p 445/446.
Now at this day comes Thormas A. Reed, Sheriff of Greene County, Missouri, and in open Court acknowledges that he executed a Deed to James B. Headlee to the following described real estate, viz: W 1/2 Lot 1 NE fcl 1/4 and E 1/2 Lot I NW fcl 1/4 Section 1 Township 30 Range 23, the E 1/2 NW 1/4 Section 31 Township 30 Range 23, the NE 1/4 Section 31 Township 30 Range 23 and 60 acres off of the South end of W 1/2 of SW 1/4 Section 33 Township 30 Range 23 said Headlee being the purchaser of said land under an execution issued from the Clerk's office of said County and State in favor of Samuel M. Brown and James B. Headlee and against Ancil Lawson.
p 446.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, and in open Court acknowledges that he executed a Deed to Prior L. Wallace to the following described real estate, viz: SE 1/4 of the SE 1/4 Section 7 Township 29 Range 24 said Wallace being the purchaser of said land under an execution issued from the Clerk's office of said County and State in favor of H.C. McGown admin of estate of L.A. McGown and against B.S. Johnson and W.L. Howard.
167
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
p 446
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, and in open Court acknowledges that he executed a Deed to Vinia Lindenbower to the following described real estate, viz: North 1/2 of Lot 5 in Block 2 in Kimbrough's Second Addition to the City of Springfield, Missouri in Greene County, State of Missouri, said Lindenbower being the purchaser of said land under an execution issued from the Clerk's Office of said County and State in favor of Thomas J. Bailey and against Nicholas F. Jones and George M. Jones.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, and in open Court acknowledges that he executed a Deed to Coley B. Holland to the following described real estate, viz: beginning at the SE corner of the W 1/2 of SE 1/4 Section 23 Township 29 Range 22, thence West 58 poles, thence North 411/2 poles East 88 poles, thence South 66 poles 8 links to beginning, lying and being in Greene County, Missouri, said Holland being the purchaser of said land under an execution issued from the Clerk's Office of said County and State in favor of Joseph J. Weaver and John Wallace and against Charles Carlton.
p 447.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, and in open Court acknowledges that he executed a Deed to Joel Philips to the following described real estate viz: the SW 1/4 of the SW 1/4 of Section 16 Township 30 Range 20W said Philips being the purchaser of said land under an execution issued from the Clerk's Office of said County and State in favor of the Bank of the State of Missouri and against Lemuel H. Freeman.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, and in open Court acknowledges that he executed a Deed to Lewis A.D. Crenshaw to the following described real estate, viz: the SW 1/4 of the NE 1/4 of Section 2 Township 28 Range 22 situate in this said County and State, said Crenshaw being the purchaser of said land under an execution issued from the Clerk's Office of the said County and State in favorof John S. Waddill and John H. Caynor and against John H. Miller and John B. Kimbrough against J.H. Miller and Granville Vaughan against John H. Miller and William A. Campbell against John H. Miller.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, and in open Court acknowledges that he executed a Deed to Lewis A.D. Crenshaw to the following described real estate, Viz: The SE 1/4 of NE 1/4 Section 2 in Township 28 of Range 22 situate in this said County, said Crenshaw being the purchaser of said land under an execution issued from the Clerk's Office of the County and State in favor of the Bank of the State of Missouri and against John H. Miller and William H. Bailey.
p 448.
Now at this day comes the Grand Jury in to Open court and through their foreman and in the presence of said Jury returned into Court the fo1lowing Bills of Indictment
8 Bills (unidentified)
which said indictments were bythe Court ordered to be filed and capias issued returnable instanter.
p 449.
State of Missouri Plaintiff
vs Treason
Josiah Leedy Defendant
Now at this day the death of the Defendant is made known to the Court whereupon the Circuit Attorney protem, J.H. Shaw, says he is unwilling to further prosecute this cause but suffer the same to be dismissed.It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and that Defendant go hence without day and that a Fee Bill issue in this cause
168
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
p 449.
E. Fribourg Plaintiff
vs Civil Action
S. Frankle Defendant
Now at this day comes on to be heard the motion to quash the Writ of Attachment heretofore issued in this cause and all and singular the premises being seen and fully understood by the Court said motion is by the Court sustained. It is therefore considered by the Court that Plaintiff take nothing by his said Writ and that Defendant have and recover of and from the Plaintiff his costs in this behalf laid out and expended for which execution may issue.
Now at this day comes the Grand Jury into open Court and say they have no further business before them. It is therefore ordered by the Court that said Grand Jury be discharged hereof and go hence without day.
p 450.
James R. Danforth, surviving admin
of estate of Joseph F. Danforth, deceased Plaintiff
vs Civil Action
George L. Mitchell, John L.Turner,
John Breedlove Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant John Breedlove had been duly served with process at least 15 days before the first day of the present term of this Court and the other Defendants had been notified by publication in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and Defendants having failed to plead to P1aintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendants the Court doth find from an examination of the same that Defendants are indebted to the Plaintiff in the sum of $1150 debt and also $357.37 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 costs in this behalf laid out and expended for which execution may issue and this judgment bear 10% interest.
p 450/451.
James C. Franklin and James J.
Dollison, admin of Estate of
James Dollison, deceased Plaintiffs
vs Civil Action
Spencer D. Dickerson Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant bad been duly notified by publication in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendant the Court doth find from an examination of the same that the Defendant is indebted to Plaintiff in thesum of $99.15 Debt and also $30.05 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 costs in this behalf laid out and expended for which execution may issue and this judgment bear 10% interest.
p 451.
Charles H. Smith, surviving partner of
Smith and Vernon Plaintiff
vs Civil Action
Wilson Skeen Defendant
(continued)
169
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864.
p 451 (continued)
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly served with process at least 15 days before the first day of the present term of this Court and the Defendant being three times solemnly called comes not but makes default and this action being founded on a promissory note signed by Defendant the Court doth find on an examination of the same that Defendant is indebted to Plaintiff in the sum of $152.02 debt and also $60.72 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 costs in this behalf laid out and expended for which execution may issue and this judgment bear 10% interest.
Alsey Oneal Plaintiff
vs Civil Action
Marcus Boyd, John H. Holland
and Coley Holland Defendants
Now at this day comes the Plaintiff by attorney and the Defendant in his own proper person and the Defendant failing to plead.It is therefore considered by the Court that the judgment heretofore rendered by John S. Bigbee, a Justice of the Peace for Campbell Township, Greene County, Missouri be affirmed.It is therefore considered by the Court that Plaintiff have and recover of and from Defendant the sum of $100 damage as well as costs in this behalf laid out and expended for which execution may issue.
p 452.
Alsey Oneal Plaintiff
vs Civil Action
Marcus Boyd Defendant
Now at this day comes the Plaintiff by attorney and the Defendant in his own proper person and not showing cause why the Judgment heretofore rendered by John S. Bigbee, a Justice of the Peace for Campbell Township, Greene County, Missouri, should not be affirmed and be made final.It is therefore considered by the Court that said Judgment be affirmed and that Plaintiff have and recover of and from Defendant the sum of $13.50 debt and also $3.60 damage as well as costs in this behalf laid out and expended for which execution may issue.
The State of Missouri to the use of
Bedford W. Henslee and Mary
Shackleford, admins de bonis non with
the will annexed of the estate of
William A. Shackleford, deceased Plaintiffs
vs Civil Action
Bedford W. Henslee & William S. Norfleet
admins of the estate of Gabriel P.
Shackleford, deceased, John Lair, Lewis
A.D. Crenshaw & Horatio M. Parish Defendants
Now at this day comes on to be heard the above entitled cause and the Plaintiff appearing by attorney but the Defendants come not but make default.And it appearing to the satisfaction of the Court that said Defendants have been duly served with process 15 days before the first day of the present term of this Court and said Defendants 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 Plaintiffs have judgment against said Defendants but in as much as the Court is not informed as to the amount Plaintiffs is endamaged it is also considered that a Writ of Inquiry issue in this cause returnable to the next term of this Court to ascertain the amount of damage Plaintiff hath herein sustained.
170
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 453/454.
Thomas F. Layton, Fidelio S. Jones,
Henry Sheppard & John Kimbrough,
composing the firm of
Layton Jones and Co. Plaintiffs
vs Civil Action
Ada Hughes, Claude Hughes and
Elisha Headlee, public admin and admin
of estate of William S. Hughes, deceased Defendants
Now at this day comes on to be heard the entitled cause and the said Plaintiffs appeared by attorney and the said Defendant Elisha Headlee appearing by attorney and the said Ada Hughes and Claude Hughes, minor Defendants, appearing by H.J. Lindenbower, their guardian ad litem and having been duly served with process at least 15 days before the first day of the present term of this Court and the said Elisha Headlee consenting by his attorney and the said minor Defendants consenting by their said guardian ad litem in Open Court that this cause shall be tried at the present term of this Court and it appearing to the satisfaction of the Court that this suit is brought to obtain judgment on a certain promissory note for the sum of $53.66 dated August 31st 1860 and one day after date and bearing interest from maturity at the rate of 10% per annum executed by said William S. Hughes and to Plaintiffs and to foreclose the Equity of Redemption of said Defendants in and to the following described real estate situate in Greene County, Missouri, to wit: A Lot of land lying on the Main Street running South from the Court House in Springfield, lying and bounded as follows, beginning on the East side of said Street on the SW corner of a Lot owned and lived upon at this time by J.B. Beiderlinden and running South along the East side of said Street 96 feet, thence East to the West edge of what is termed Peach Alley, thence North along the West edge of said Alley to the South edge of said J.B. Beiderlinden's Lot, thence West along said Beiderlinden's line to the beginning point; also the following described piece of land to wit: the SW 1/4 of the NW 1/4 of Section 10 Township 29 Range 22 containing 40 acres more or less and that said William S. Hughes, deceased, father of said minor Defendants executed and delivered to said Thomas F. Layton to the use of said Plaintiffs a mortgage deed and of and to the foresaid real estate whereby he conveyed the same to said Thomas F. Layton to secure the payment of the note aforesaid upon the terms and conditions in said mortgage and set forth and recited and the said Defendants by their answer in this cause confessing and admitting that the allegations of the petition to Plaintiffs as true and said conditions of said mortgage have not been complied with and that said note yet remains due and unpaid. It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendants, Elisha Headlee admin of said William S. Hughes, deceased, of the goods and effects of the said decedant remaining in his hands to be administered the sum of $53.66 for their debt and the further sum of $18.44 for damage for the detention of said debt as well as their costs in this behalf laid out and expended and that the Equity of Redemption of the said Defendants in and to the foresaid premises be forever bared and foreclosed and that said premises or a sufficiency thereof be sold and the proceeds thereof applied to the payment and satisfaction of the said debt damages and costs.
p 454/455.
James Vaughan Plaintiff
vs Civil Action
Ada Hughes, Claude Hughes and Elisha
Headlee, pub. admin and admin in charge
of estate of William S. Hughes, deceased Defendants
Now at this day comes on to be heard the above entitled cause and the said Plaintiff appearing by attorney, and the said Elisha Headlee appearing by attorney and the said Ada Hughes and Claude Hughes appearing by H.J. Lindenbower, their guardian ad litem,
(continued)
171
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1844
p 454/355 (continued)
and having been served with notice at least 15 days before the first day of the present term of this Court and the said Elisha Headlee consenting by his attorney and the said minor Defendants consenting by their said guardian ad litem in Open Court that this cause shall be tried at the present term and it appearing to the satisfaction of the Court that this suit is brought to obtain judgment on a certain promissory note for the sum of $455 dated August 31st 1860 due one day after date and bearing 10% interest from date executed by said William S. Hughes, deceased, to Thomas F. Layton and by him transferred to Plaintiff and to foreclose the Equity of Redemption and to the following described real estate situate in Greene County, Missouri, to wit: A lot of land lying on the Main Street running South from Court House in Springfield lying and bounded as set forth in the mortgage and conveying the same as follows: Beginning on the East side of said Street at the SW corner of a lot owned and lived upon at this time by J.B.Beiderlinden and running South along the East side of said Street 96 feet, thence East to the West edge of what is termed Peach Alley, thence north along the West edge of said Alley to the South edge of said J.B. Beider1inden's Lot, thence West along said Beiderlinden's line to the beginning point; also the following described piece of land to wit: the SW 1/4 of the NW 1/4 of Section 10 Township 29 Range 22 containing 40 acres more or less and that said William S. Hughes, deceased, father of said minor Defendants executed and delivered to said Thomas F. Layton to the use of said Plaintiffs a mortgage deed and of and to the foresaid real estate whereby he conveyed the same to said Thomas F. Layton to secure the payment of the note aforesaid upon the terms and conditions in said mortgage and set forth and recited and the said Defendants by their answer in this cause confessing and admitting that the allegations of the petition to Plaintiffs as true and said conditions of said mortgage have not been complied with and that said note yet remains due and unpaid.It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendants, Elisha Headlee admin of said William S. Hughes deceased, of the goods and effects of the said decedant remaining in his hands to be administered the sum of $455 for his debt and $156.65 damage and costs in this behalf laid out and expended and the Equity of Redemption of the said Defendants in and to the aforesaid premises be forever bared and foreclosed and that said premises or a sufficiency thereof be sold to satisfy the said debt and damage and costs.
p 455.
Ann E. Jenning Plaintiff
vs Civil Action
William S. Norfleet, Bedford W.Henslee
admin of Estate of G.B.Shackleford,
deceased Defandants
Now at this day comes on to be heard the above entitled cause and it appearing to the satisfaction of the Court that Defendants have been duly served with process at least 15 days before the commencement of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and it further appearing tothe satisfaction of the Court that this action is founded on a note of hand executed by the intestate of Defendant to Plaintiff for the sum of $99.47 debt and the further sum of $33.26 damage.It is therefore considered by the Court that Plaintiff have and receive of and from said Defendants as administrators of the Estate of said G.P. Shackleford, deceased, the sum of $99.47 for debt and the further sum of $33.26 for her damage as well as her costs laid out and expended in this behalf.
p 456.
Benjamin G. Andrews & James Vaughan Plaintiffs
vs Civil Action
George L. Mitchell Defendant
Now at this day comes the Plaintiff by attorney and moves the Court that in consequence
(continued)
172
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
January Term 1864
p 456 (continued)
of the non publication of a previous order of publication made at a former term of this Court that an alias order be made herein. It is therefore ordered by the Court that publication be made in the Springfield Journal a newspaper published in the State of Missouri for four successive weeks the last insertion thereof at least four weeks before the first day of the next term of this Court notifying said George L. Mitchell that an action has been commenced against him by Plaintiffs in the above entitled cause by petition and attachment in the Circuit Court of Greene County, Missouri, that the nature and general object of said suit is to obtain judgment against Defendant for the sum of $272.25 for principal and interest and the sum of $5.40 costs paid by Plaintiffs to the Bank of the State of Missouri as securities for Defendant on a certain promissory note for the sum of $250 on which the said Bank recovered judgment against the Plaintiffs and that unless Defendants be and appear at the next term of this Court at a Court to be begun and held at the Court House in the town of Springfield, Greene County, Missouri, on the second Monday in July 1S64 and plead, answer or demur to Plaintiff's petition on or before the 6th day of said term if the time shall so long continue if not then before the end of the term the same will be taken as confessed and the property of Defendant which has been attached in this cause sold to satisfy the same.
p 456/457.
Henry Sheppard and John S. Kimbrough Plaintiffs
vs
Thomas D. Wooten Defendant
Now at this day comes the Plaintiff by attorney in to Court and moves the Court that an additional and amended order of publication be made in the above entitled cause. It is therefore ordered by the Court that an additional and amended publication be made in the Springfield Journal a newspaper published in theState of Missouri for four successive weeks the last insertion at least 4 weeks before the first day of the next term of this Court notifying the said Defendant that an action has been commenced against him in the Circuit Court within and for Greene County, Missouri, founded on two protnissory notes executed by Defendant to Plaintiffs both dated January 25 1860 one payable twelve months after date for the sum of $200 the other note for the like sum payable twentyfour months after date with interest on both notes from date at 10% per annum which notes were filed with the petition of Plaintiff at the time of the institution of this action in this cause, that the nature and general object of said suit is to obtain judgment for the amount of said notes and interest and to enforce the Equitable Lien which Plaintiffs have in and to the following described real estate situate in the City of Springfield, County of Greene and State of Missouri, to Wit: A part of Lot No 37 in Block No 9 beginning 18 feet from the SW corner of said Lot No 37, thence North 18 feet, thence East 40 feet, thence South 18 feet, thence West 40 feet to the place of beginning as the vendors thereof and said Defendant and have the said real estate sold under the order and decree of said Court or so much thereof as may be sufficient to satisfy the amount of said notes interest and costs that the personal property of said Defendant has been attached by Writ of Attachment issued from the office of the Clerk of the Circuit Court at the time of filing the petition in this cause and that unless the said Defendant, Thomas D. Wooten, be and appear at the next term of the Circuit Court of Greene County, Missouri, at a Court to be begun and held at the Court House in Springfield in the said County on the second Monday in July 1864 and on or before the 6th day of said term (if the term shall so long continue if not then before the end of the term) and plead to Plaintiff's petit ion the same will be taken as confessed and judgment will be rendered against him and his property sold to satisfy the same.
p 457.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill Circuit Judge
173
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1864
p 457.
Springfield, Missouri, February 13th 1864.
Court met pursuant to adjournment.Present as on yesterday.
p 457/458.
James R. Danforth Plaintiff
vs Civil Action
John S. Doak Defendant
Now at this day the Court having been Counsel in this cause a change of venue is awarded to the Probate and Common Pleas Court of Greene County, Missouri.
p 458.
Joseph Rountree Plaintiff
vs
Joshua M. Bailey and John McHenry Defendants
Comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant John McHenry cannot be summoned in this action and it is ordered by the Court that publication be made notifying him that an action has been commenced against him by petition in the Circuit Court of Greene County, State of Missouri, founded on a promissory note for the payment of $300 with 10% interest per annum dated ___ day of 18and Plaintiff alleges in his petition that said note was given for the purchase money of the following described real estate situate in Greene County, State of Missouri, to wit: Lots 33 and 34 in Block No 44 in 2nd tier of Lots in Springfield as laid down on the plat of said town the nature and general object of Plaintiff's petition is to enforce Plaintiff's vendorslien for the payment of the said purchase money for the said real estate.And unless he be and appear on or before the sixth day of the next term of said Court and plead to Plaintiff's petition the same will be taken as confessed.It is further ordered by the Court that publication be made in the Springfield Journal, a newspaper published in t he State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the next term of this Court which will commence on the 2nd Monday in July, next, at the Court House in County and State aforesaid. It is ordered that Court adjourn until the first Monday in June, next.
John S. Waddill C J
p 459.
174
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