Abstract of Circuit Court Record Books January 1865 - End of 1865

GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

January Term 1865
Book G

January 17, 1865
p 112.
Court met pursuant to adjournment. Present as on yesterday.

State of Missouri Plaintiff
vs
Charles Williams Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and says be is not willing to further prosecute this suit but will 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 be discharged hereof and go hence without day and that a fee bill issue in this cause.

p 113.
Joseph Moss Plaintiff
vs                                                   Civil Action
James Evans & John A. Patterson Defendants
Now at this day comes Joseph Moss by his attorney and files his petition against James Evans and John A. Patterson, Sheriff of this County, to set aside a sale made to him at this term of the Court of certain real estate sold by the Sheriff aforesaid on an execution in favor of James Evans against R.B. Cannefax, John Blackman, James P. Walker and Daniel D. Berry Jr, sold as the property of said flerry and the petitioner brings here into Court the amount of the purchase money $1457.50 which is by the Court ordered to be placed in the care and custody of James Abbott who is for this purpose appointed receiver to abide the order of the Court and said Abbott to give bond and security in at least triple the amount of said sum.

Jacob B. Winger Plaintiff
vs                                                   Civil Action
Joshua M. Bailey Defendant
Now again comes on this cause for hearing and the Plaintiff appearing by attorney and waiving a Jury the enquiry ordered heretofore is had before the Court sitting as a Jury and after hearing the proof offered by the Plaintiff the Court doth find that Joshua N. Bailey executed his title bond to Turner Goodall and Thomas D. Wooten by which the said Joshua M. Bailey bound himself to convey to said Goodall and Wooten the NE 1/4 of NW 1/4 and NW 1/4 of NW 1/4 of Section 36 Township 29 Itange 22 West situate in Greene County, State of Missouri, on the payment of a certain sum of money to wit $1800 which sum of money the Court finds has been fully paid to the said Joshua M. Bailey and the Court further finds from the evidence offered that Jacob B. Winger is the assignee of Thomas D. Wooten in and to said real estate. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant Judgment and that the said Defendant his heirs and assigns be forever barred from claiming any right title or interest in said land as against the said Jacob B. Winger his heirs or assigns and that said Jacob B. Winger be quieted in possession of the same against all claims of the said Joshua M. Bailey his heirs or assigns except or through the said Goodall and Wooten.

p 113/114.
State of Missouri Plaintiff
vs                                                   Civil Action
John Bedford Defendant
Now at this day comes John Bedford as principal and Joseph Aumoth as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $750 to be levied of their respective goods and chattels, lands and tenements but
(continued)

1
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 113/114 (cont.)
to be void on condition that the said John Bedford shall be and make his personal appearance before the Honorable Judge of the Greene Circuit Court on the first day of the next term thereof which will commence at the Court House in Springfield, Greene County, on the second Monday in July 1865 and answer an Indictment preferred against him by the Grand Jury of said County and not depart said Court without leave.

p 114.
Moses Hunter Plaintiff
vs                                                   Civil Action
William C. Caidwell and George T. Price Defendants
Now at this day comes on to be heard the motion heretofore filed to set aside the Judgment heretofore rendered in this cause, all and singular the premises being seen and fully understood by the Court. It is therefore considered and adjudged by the Court that the motion be sustained.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
William A. Kelly Defendant
Now at this day comes William A. Kelly as principal and Presley C. Beal as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels lands and tenements to be void on condition that the said William B. Kelly shall be and make his personal appearance before the Honorable Judge of the Greene Circuit Court on the first day of the next term thereof which will commence and be holden at the Court House in Greene County on the second Monday in July lS65 and answer an Indictment preferred against him by the Grand Jury of Greene County and not depart said Court without leave.

p 114/115
William B. Berry Plaintiff
vs                                                   Civil Action
Bedford W. Henslee & William S.
Norfleet admins of
O.P. Shackleford, decd Defendants
Now at this day this cause coming on to be heard the Plaintiff and Defendants both appearing by attorney and on motion of Defendant this cause is continued to next term of this Court at cost of Defendants. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from the Defendants the cost of this continuance for which execution may issue.

p 115.
James A. Berry Plaintiff
vs                                                   Civil Action
B.W. Henslee and W.S. Norfleet
admins of G.P. Shackleford dec'd Defendants
Now at this day comes the parties by their respective attorneys and neither party claiming a Jury this cause is submitted to the Court who find deceased is indebted to the Plaintiff in the sum of $32.It is therefore considered by the Court that the Plaintiff recover of and from the Defendants as admins aforesaid the said sum of $32 and that it be allowed in the fifth class of demands against said estate and it is ordered that the Clerk of this Court shall certify a transcript of the record and proceedings and the original papers to the Probate and Common Pleas Court of this County which shall proceed according to the decision of this Court.

2
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 115
Richard Anderson Plaintiff
vs                                                   Civil Action
John H. Price, Joseph Price Defendants
Now at this day comes John A. Patterson who is personally known to be the Sheriff of Greene County and in Open Court acknowledges the execution of a Deed to James F. Hardin made by said Sheriff to said Hardin conveying to the said Hardin all the right title, interest and estate of John H. Price in and to the E 1/2 of the
NW 1/4 and part of the W 1/2 of the SE 1/4 containing 55 acres more or less, and the SW 1/4 of the SW 1/4 and the SW 1/4 of the NE 1/4 all in Section 13 Township 29 Range 20 situate in Greene County, Missouri, which said lands were on the 12th day of January A.D. 1865 sold to satisfy a special execution in the above entitled cause.

p 116.
Motions:
William A. Gibson vs John Lair & Colley B. Holland -- motion for new trial overruled.
William A. Gibson vs John Nair & Colley B. Holland -- motion for arrest of Judgment,
overruled.

William A. Gibson Plaintiff
vs                                                   Civil Action
John Lair and Colley B. Holland Defendants
And again comes the Defendant Holland by attorney and by leave of Court files affidavit praying and appeal in this cause which is by the Court granted whereupon Defendant files his bond which is by the Court approved.

p 116/117
Joseph Hunt Plaintiff
vs                                                   Civil Action
Washington Wallis Defendant
Now at this day comes this cause to be heard and both parties appearing by attorney and announcing ready for trial thereupon come a Jury viz J.B. Brown, N. Massey, F.M. Watson, John Foster, J.H. Caynor and B.W. Henslee, six good and lawful men, both parties having agreed to try the issue with that number and the Jury having taken and subscribed the oath prescribed by the Convention were duly tried and sworn to try the issue and after hearing the evidence and receiving the instructions of the Court retired to consider of their verdict and upon returning into Court through their foreman in the presence of the Jury returned the following verdict viz "We the Jury find for the Plaintiff and assess the damage at $40 with 6% interest from 12 months after day of sale viz 7/20 B.W. Henslee, foreman." It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said sum of $40 debt and also $7.20 damage as well as costs in this behalf laid out and expended for which execution may issue.

p 117.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
J.S. Waddill Circuit Judge

Wednesday January 18th 1865
Court met pursuant to adjournment - present as on yesterday.

3
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM
January 18th 1865.
p 117.
State of Missouri Plaintiff
vs
Austin Mills Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant appearing in person and by attorney and it appearing to the Court that the Defendant has been held under recognizance to await the action of the Grand Jury and the said Grand Jury having failed to find a true bill of Indictment against said Defendant be is therefore released from said recognizance. It is therefore considered
by the Court that the State of Missouri take nothing by her said recognizance and that Defendant be discharged hereof and go hence without day.

p 117/118
State of Missouri Plaintiff
vs                                                   Sci Fa
William A. Hudgins Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State as well as the Defendant by his attorney and the Circuit Attorney says he will not amend the proceedings in this cause. It is therefore considered by the Court that the said State take nothing by her said suit and that Defendant go hence without day from which decission of the Court the Plaintiff by her attorney prays an appeal which is granted.

p 118.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
M.D. Smith Defendant
Now at this day comes M.D. Smith as principal and J. Townsend as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels lands and tenements to be void on condition that the said M.D. Smith shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court House in Greene County on the second Monday in July 1865 and answer a Bill of Indictment preferred against him by the Grand Jury of said County and not depart the Court without leave.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
M.D. Smith Defendant
Now at this day comes M.D. Smith as principal and J. Townsend as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be levied of their respective goods and chattels lands and tenements to be void on condition that the said M.D. Smith shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court House in Greene County on the second Monday in July 1865 and answer a Bill of Indictment preferred against him by the Grand Jury of said County and not depart the Court without leave.

p 119.
Now at this day comes John R. Cox attorney and on his motion Marcus Floyd is permitted to sign the Roll of Attorneys in this cause.

4
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 119.
David W. Bryant Plaintiff
vs                                                   Civil Action
Sarah Gates Defendant
Now at this day comes the Plaintiff by Attorney and the Defendant also and both parties having announced ready for trial thereupon comes a Jury viz J.H. Price Sr, A.M. Appleby, L.M. Hubble, A.T. Graves, Joel Phillips, G.W. Sloan, G.W. Jamison, J.S. Gott, J.W. Peacher, N.M. Rountree, Edward Moore and R.C. Doran, twelve good and lawful men who having taken and subscribed the oath prescribed by the Convention were duly elected tried and sworn to try the issue whereupon the trial progressed and there not being time to conclude the trial, it is therefore continued till tomorrow morning 9 o'clock.

p 119/120
Joseph S. Moss, surviving partner of
J.S. Moss & Co., a firm composed of
J.S. Moss and Daniel D. Berry,
now dec'd Plaintiff
against
S. Brady Dickerson Defendant
Now at this day comes the Plaintiff in the above entitled cause into Open Court and files his petition and affidavit stating amongst other things that the above named Defendant is not a resident of this State. It is therefore ordered by the Court aforesaid that publication be made notifying said Defendant S. Brady Dickerson that an action has been commenced against him by petition and attachment in the Circuit Court of Greene County in the State of Missouri founded on a promissory note executed to J.S. Moss and Company dated June 20, 1861, payable 12 months after date with interest from date at the rate of 10% per annum and if the interest be not paid annually to become as principal and bear the same rate of interest. The sum for which Plaintiff asks Judgment is $1651.13 and that his property is about to be attached and that unless he be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July 1865 and on or before the 3rd day thereof (if the term shall so long continue and if not, then before the end of the term) and plead answer or demur to Plaintiff's petition the same will be taken as confessed and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the weekly Missouri Patriot, a newspaper published in this State for four weeks successively the last insertion thereof to be at least four weeks before the commencement of the next term of this Court.

p 120
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill C J

Thursday January 19th 1865
Court met pursuant to adjournment present as on yesterday.

p 121/122.
Thomas Tiller, admin pendentelete of
the estate of John Adams dec'd Plaintiff
vs                                                  
Jane M. Adams, John P. Hill,
Francis M. Shockley Defendants
Now at this day comes on again to be heard the above entitled cause and the Defendant having failed to show cause why the interlocutory judgment heretofore rendered in this

5
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
January Term 1865
19th January 1865
p 121/122 (cont)
cause should be set aside and the said Defendants having failed to plead answer or demur to Plaintiff's petition the Court being satisfied from the proof that the Defendants Jane M. Adams and Francis P. Hill executed their promissory note to Plaintiff for the sum of $2633 on the 23rd day of May 1861 due 7 days after date bearing interest from maturity at the rate of 10% per annum to secure the payment of said note the Defendant Jane M. Adams executed her mortgage deed to said Plaintiff to the following described lands and real estate situate in Greene County, Missouri, Viz - one piece on East Street being a portion of the E 1/2 of the NE 1/4 of Section 24 Twp 29 Range 22W bounded on the East by the Lot on which Joseph S. Moss lives, on the South by East Street, on the West by a Lot owned by George L. Mitchell, and on the North by a Lot on which J.B. Clark now lives;also, a Lot of land beginning at the NW corner of the above described Lot, thence West 4 poles and 15 links, thence North 22 poles and 13 links, thence East 4 poles and 3 links, thence South to the place of beginning, and also a piece of land beginning at the SE corner of the Public School House Lot, thence East 4 poles and 3 links to Samuel S. Moss's West line, thence South with said Moss's West line 16 poles and 3 links, thence West 4 poles and 3 links, thence North 16 poles and 3 links to the place of beginning. Condition of the payment of the note aforesaid according to the tenor and effect thereof this deed to be void otherwise to remain in full force and effect. And the Court sitting as a Jury doth find from the proof that the Defendants are indebted to the Plaintiff in the sum of $2633 debt and $987.63 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said sum of $2633 debt and $987.63 damage and also his costs in this behalf laid out and expended and that the Equity of Redemption of said Defendant be foreclosed in said land and real estate heretofore described and that the same or so much thereof as may be necessary to satisfy said debt, damage and costs for which a special fi fa may issue and if there be not sufficient to satisfy the said debt, damage and costs that a general execution may issue and that this Judgment bear 10% interest.

p 122.
Now at this day J.H. Show is permitted to be security for I. Hoff.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Isaac Hoff Defendant
Now at this day comes Isaac Hoff as security and J.H. Show as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels lands and tenements to be void on condition that the said Isaac Hoff shall be and make his personal appearance before the Judge of the Greene Circuit Court on :the first day of the next term thereof which will commence and be holden on the second Monday in July 1865 and answer a Bill of Indictment preferred against him by the Grand Jury of Greene County and not depart said Court without leave.

p 122/123.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Isaac Roff Defendant
Now at this day comes Isaac Hoff as security and J.H. Show as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels lands and tenements to be void on condition that the said Isaac Hoff shall be and make his personal appearance before
(continued)

6
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 122/123 (cont)
the Judge of the Greene Circuit Court on the first day of the next term thereof which will commence and be holden on the second Monday in July 1865 and answer a Bill of Indictment preferred against him by the Grand Jury cf Greene County and not depart said Court without leave.

p 123.
Greene and Co Plaintiff
vs                                                   Civil Action
A.H. Leslie Defendant
Now at this day comes Plaintiff by attorney and dismisses this suit.It is therefore considered by the Court that Defendant have and recover cf and from Defendant the costs in this behalf laid out and expended for which an execution may issue.

R.P. Faulkner Plaintiff
vs                                                   Civil Action
Peter C. King Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant had been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day cf this Court and having failed to answer plead or demur to Plaintiff's petition the same is taken as true. It is therefore considered by the Court that the Plaintiff have a judgment interlocutory by default and unless the same be set aside for cause shown by the sixth day of the next term of this Court that inquiry be had and this judgment be made final.

William D. Bryant Plaintiff
vs                                                   Civil Action
Sarah Gates Defendant
Now at this day the Jury having received the evidence and the instructions of the Court retire to consider of their verdict and upon returning into Court through their foreman presented the following verdict "We the Jury find for the Plaintiff and assess his damage at $35, John H.. Price foreman." It is therefore considered by the Court that Plaintiff have and recover of and from Defendant the said sum of $35 as well as cost in this behalf laid out and expended for which execution may issue.

p 124.
State of Missouri Plaintiff
vs                                                   Gaming
W.S. Riggs Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty as charged in the Indictment.It is therefore considered by the Court that the State of Missouri have and recover of and from the Defendant the said sum of $10 it being the amount Defendant is fined for the commitment of said offense as well as cost in this behalf laid out and expended for which execution may issue and the Defendant remain in custody of the Sheriff until fine and costs are paid.

Junius T. Campbell Plaintiff
vs                                                   Civil Action
L.C. Campbell & R.J. NcElhaney Defendants
Now at this day comes on to be heard the motion heretofore filed to strike out the answer of Defendant McElhaney filed in this cause and all and singular the premises
(continued)

7
GREENE COUNTY, MISS0URI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1869
p 124 (continued)
being seen and fully understood the Court doth find said motion insufficient and therefore is overruled.

p 124/125.
Mathias Fisher Plaintiff
vs                                                   Appeal From Justice Court
Thomas Dodds Defendant
Now at this day comes the Plaintiff by attorney and also the Defendant by attorney and by leave of Court announced ready for trial and thereupon came a Jury viz - T.J. Oneal, J.D. Gardner, J.L. Gardner, W.H. Lyman, Alsey Woodward and G.T. Beal, who having taken and subscribed the oath prescribed by the convention were duly elected tried and sworn to try the issue and after having received evidence and instruction of the Court retired to consider of their verdict and upon returning into Court through their foreman in the presence of the other Jurors presented the following, verdict viz. "We the Jury find for Plaintiff ten dollars, J.L. Gardner foreman." It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said sum of $10 as well as costs in this behalf laid out and expended for which execution may issue.

p 125.
Zachariah Sims Plaintiff
vs                                                   Civil Action
Theophilas Sowers Defendant
Now at this day comes the Plaintiff in his own proper person and the Defendant in his own proper person and by Hard in and Waddill his attorneys and the Defendant by his written statement duly verified by his affidavit confesses that he is justly indebted to the Plaintiff in the sum of $432.25 the amount of principle and interest of his certain promissory note filed with said written statement and agrees that judgment may be entered against him and in favor of the Plaintiff for that sum and all and singular the matters and things herein being by the Court seen and fully understood. It is considered by the Court that the Plaintiff have and recover of and from the Defendant the sum of $432.25 for his said debt as a judgment on confession and that he have his costs in this behalf laid out and expended and that execution issue therefor and that this judgment bear l0% interest per annum.

p 126.
George W. Jamison Plaintiff
vs                                                   Civil Action
August Koch Defendant
Now at this day comes the Plaintiff by attorney and also Defendant appearing by attorney and parties having announced ready for trial thereupon comes a Jury viz - B.W. Renslee, L.M. Bigbee, J.L. Sewell, J.B. Cox, J.S. Steel and C.H. Scott, six good and lawful men who by agreement of parties are duly elected, tried and sworn to try the issue and having taken and subscribed the oath prescribed by ordinance of Convention and heard the evidence produced. There not being time to continue this trial further, the Jury are by the Court dismissed till tomorrow morning 9 o'clock.

Thomas A. Reed, Sheriff of Greene County Plaintiff
vs                                                  
Hervey Sheppard Defendant
Now at this time comes on to be heard the above entitled cause and neither party requiring a Jury the Court sitting as a Jury by consent of parties after hearing the evidence doth find that the said Defendant did not become the purchaser of the property
(continued)

8
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 126 (continued)
mentioned in Plaintiff's motion at the price and sum in said motion mentioned and the Court doth further find that Defendant failed and refused to pay Plaintiff as Sheriff of Greene County for the property charged by Plaintiff as Sheriff to have been bought by Defendant. It is therefore considered by the Court that Plaintiff take nothing by his said motion and that Defendant have judgment against Plaintiff for his costs in this behalf laid out and expended and that execution issue therefor.

p 127.
Anderson Johnson Plaintiff
vs                                                   Civil Action
Phillip Kagarice Defendant
Now at this day comes the Plaintiff by attorney and the above entitled cause into Open Court and it appearing to the full satisfaction of the Court by return of Sheriff and affidavit of Plaintiff that Defendant Phillip Kagarice is not a resident of this State of Missouri and cannot be served with process notifying the Defendant that an action has been commenced against him by petition and attachment in the Circuit Court of Greene County, Missouri, founded on a promissory note (which note Plaintiff alleges is lost) dated 19th day of January 1861 for the sum of $110 due 18 months after date bearing interest at the rate of 10% per annum from date. The amount for which Plaintiff asks judgment is for $110 with interest from January 19, 1861 at 10% per annum, that his property has been attached and that he be and appear at the next term of said Court to be holden on the secont Monday in July 1865 at the Court House in Springfield in said County and State 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. It is further ordered that a copy hereof be published in the Weekly Patriot, a Weekly newspaper published in Springfield, Mo., for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.

Ordered by the Court that Court adjourn till tomorrow morning 9 o'clock.
John S. Waddill Circuit Judge.

Friday, January 20th 1865
Court met pursuant to adjournment. Present as on yesterday.
p 128.
John S. Phelps Plaintiff
vs                                                   Civil Action
John L.C. Huddlston Defendant
Now at this day this cause coming on to be heard and the Plaintiff appearing and waiving the necessity of a Jury this cause is tried before the Court sitting as a Jury and it appearing to the Court that Defendant has been duly notified of the Commencement of this suit by copy of petition and Writ of Summons left at his usual place of abode with a free white person over the age of 15 years a member of Defendant's family and Defendant having failed to plead answer or demur to Plaintiffs petition the same is taken as true and the Court doth find from the proof that Defendant is indebted to the Plaintiff in the sum of $250 debt and damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and also costs, that he have an execution that may issue for the same.

9
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM l865
p 129/130
Charles Beardslee & Brother Plaintiffs
against                                                   Civil Action
Homer F. Fellows Defendant
Now at this day comes on to be heard the above entitled cause and the Plaintiffs appearing by their attorneys James F. Hardin and the Defendant appearing by his attorneys Baker and Julian and all and singular the petition, answer and exhibits being by the Court seen and fully understood, the Court doth find on examination of the same that the following facts stand admitted by the Defendant that on the 22nd day of April 1861 and on the 2nd day of May 1861 William M. Shipley assigned to the Defendant Homer F. Fellows by tW0 several deeds of assignment a large amount of personal property and real estate as stated in said several deeds in trust for the sole and proper use and benefit of the creditors for the said Shipley therein named under and by virtue of said several deeds the Defendant Fellows took possession of all of said property at the date the same was respectively conveyed to him by several deeds, that the said Fellows has wholly failed to make any inventory of said property and has wholly failed to have the same appraised. That the said Fellows has wholly failed to give bond for the faithful execution of said trust as required by law. That the Defendant has not made any distribution of the assets of said trust property that he has wholly failed to make any report or settlement in regard to the estate that Charles Beardslee and Brother, Plaintiffs in this suit, are and were at the time of the execution of the several deeds of assignment aforesaid executor of said William M. Shipley and are interested as such in the said trust estate. That the said Fellows has collected and now has in his hands the sum of $407.85 and both the Plaintiffs and Defendant praying that the Defendant be removed from further being or acting as the trustee of the said William M.Shipley and some person be appointed in his stead and the Plaintiff's praying that an account be taken and that the said Fellows be by the Court ordered to pay over such sums from time to time as may be found in the bands of the said Fellows to such person his successor. It is ordered adjudged and decreed by the Court that the said Fellows be removed from further being or acting as the trustee of William M. Shipley and that James F. Hardin of Springfield, Missouri, be appointed trustee in his stead and that the said Fellows immediately deliver to the said Hardin all the real estate, goods, wares, property and effects received by him under and by virtue of said several deeds of assignment as far as the same remains in kind in his hands and that at the time said referee appoint for taking the testimony in this cause, he pay over to the said James F. Hardin the sum of $407.85 the amount acknowledged by the said Fellows to be in his hands and allowed by the referee less his reasonable charges and expenses to be settled for all of which he may take the said Hardins receipt and that the said Hardin forthwith proceed to administer said trust estate according to law and it further appearing to the Court that there is a long and difficult account to examine and adjust between the parties, Plaintiff and Defendant, having filed a written agreement whereby they agree that James R. Waddill shall be and act as a sole referee in this cause. It is ordered by the Court that said cause and the whole thereof be referred to the said James R. Waddill and that he, the said Waddill, appoint a time and place to take the testimony offered by the respective parties and that he give 30 days public notice in some newspaper of the time and place when and where he will take such testimony and that upon the taking of such testimony he reduce the same to writing and that upon such testimony he take and state the accounts of said Fellows touching the trust estate aforesaid showing

First The character and value of all the property received by the said Fellows under and by virtue of said several deeds of assignment

Second The rents, interest and profits of such property coming into the hands of the said Fellows arising from said property

Third The rents interest and profits that might have been secured from said property by proper and precedent management.
(continued)

10
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 129/130 (continued)
Fourth The value and particular kind of all said trust property and assets lost or destroyed by unavoidable accident or without the neglect of the Defendant.

Fifth Showing the depreciation (if any) in value of any notes account or evidences of debt received by said Fellows under and bv virtue of said deeds of assignment and the total amount of such depreciation.

Sixth That he take said account in full strike a balance for or against the said Fellows as the care may be and present such account to this Court at the next term hereof with all evidence taken by him to which time this cause is continued.

p 131.
Sheppard, Kimbrough & Weaver
a firm composed of Charles Sheppard,
Joseph B. Kimbrough and E.L. Weaver Plaintiffs
vs                                                   Civil Action
James S. McQuerter Defendant
Now at this day the above entitled cause coming on to be heard and the Plaintiff and Defendant appearing by attorney and it appearing to the Court that Defendant has been duly notified of the commencement of this suit by Writ of Summons and copy of petition delivered to a whit e person over the age of 15 years, a member of Defendant's family at least 15 days before the first day of the last term of this Court and the Plaintiff waiving the necessity of a Jury this cause is tried by the Court sitting as a Jury. The Court doth find from the proof Defendant is indebted to Plaintiff in the sum of $142.57 debt and damage. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendant the said sum of $142.57 debt and damage and their costs in this behalf laid out and expended for which execution may issue.

p 132
Elisha Headlee, public admin of Greene
County & admin of William G. Loyd,
deceased Plaintiff
vs
Flavious Julian & Hugh L. Lee Defendants
Now at this day comes Plaintiff by attorney and also Defendants by attorney and the parties having announced ready for trial thereupon comes a Juryviz John H. Price Sr., G.W. House, W.H. Burden, John A. Lee, J.F. Keet, A. Evans, Jackson Trent, J.W. Brower, J. Vaughan, F.W. Scholton, R.A. McClure and R. Pate, twelve good and lawful men who being elected tried and sworn to try the issue and having taken and subscribed the oath prescribed by ordinance of the convention and having heard the evidence and received the instructions of the Court retired to consider of their verdict and on returning into Court present the following verdict viz "We the Jury find for the Plaintiff and assess the damage at $100. W.n. Burden foreman." It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $100 damage and also his costs in this behalf laid out and expended for which execution may issue.

p 133.
George Jamison Plaintiff
vs                                                   Civil Action
August Koch Defendant
Now again comes on this cause to be terminated and the Jury impannelled on yesterday being present who received the instructions of the Court and retired to consider of their verdict and returning into Court present the following verdict viz "We the Jury find for the Plaintiff $120.60 B.W. Henslee foreman." It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant
(continued)

11
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 133 (cont)
the said sum of $120.60 debt and damage and also his costs in this behalf laid out and expended and that execution issue therefor.

p 133/134.
William H. Sewell & Margaret C.
Wadlow admins of estate of
Charles Wadlow, dcd Plaintiff
vs                                                   Civil Action
Allen Edmonson, S.A. Edmonson
and William N. Cook Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that Defendants Allen Edmonson and S.A. Edmonson have been duly notified of the commencement of this suit by copy of Writ and Petition to a free white person over the age of 15 years, a member of Defendant Allen Edmonson's family at least 15 days before the first day of the present term of this Court and copy of Writ left with a free white person over the age of 15 years, a member of Defendant S.A. Edmonson's family at least 15 days before the first day of the present term of this Court and by delivering to Defendant W.H. Cook a true copy of Writ at least 15 days before the first day of the present term of this Court and Defendants having failed to answer plead or answer or demur to Plaintiff's petition the same is taken as true and the Plaintiff waiving the necessity of a Jury this cause is tried before the Court sitting as a Jury and this action being founded on a promissory note signed by Defendants for the direct payment of money. The Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $550.86 debt and $48.22 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $550.86 debt and $48.22 damage and also their costs in this behalf laid out and expended and that execution issue therefor and that this judgment bear 10% interest.

p 134/135.
Austin Martin Plaintiff
vs                                                   Civil Action
______ Cowan Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court files his petition and affidavit in this cause and it appearing to the Court that Plaintiff has filed his affidavit claiming that one waggon and two horses, the property of Plaintiff and that Defendant wrongly and unlawfully detains the same from Plaintiff. It is therefore ordered by the Court that the said Defendant Cowan deliver the said property to the Sheriff of Greene County, Missouri, and if the same be not delivered to him to take the same from Defendant and deliver it to the Plaintiff. And it further ordered by the Court that he summon the said Cowan to be and appear before the Honorable Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court Rouse in Springfield, Greene County, Missouri, on the second Monday in July 1865 to answer the complaint of Plaintiff as set forth in petition of Plaintiff in this cause.

Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill Circuit Judge

p 135. Saturday morning January 21st 1865
Court met pursuant to adjournment. Present as on yesterday.

12
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G.
JANUARY TERM 1865
Saturday Morning January 21st 1865

State of Missouri
vs
William J. McDaniel
Now at this day it appearing to the Court from the Sheriff's return that the Defendant had been summoned as a Juror who, being called, failed to answer wherefore the Court ordered that said Defendant be fined $5 for contempt and a rule issue requiring him to show cause why the same should not be made final.

p 135/136.
Mercer Moody Plaintiff
vs                                                   Sheriff's Deed
Nicholas F. Jones & James S. Jones Defendants
Now at this day comes Thomas A. Reed who is known to this Court as the former Sheriff of Greene County by his deputy James F. Brown whose name is subscribed to an instrument purporting to be a Sheriff's Deed to William J. McDaniel and Henry Sheppard to the following real estate viz Commencing 140 feet South of the SE corner of Lot sixty eight block eighteen in the City of Springfield, thence West to William McAdams' Lot, thence South to an alley, thence East to South Street, thence North to beginning, being the Lot of Land sold by John P. Campbell and wife to John H. Miller conveyed by Deed dated September 2nd 1847 and recorded in Book D page 328 & 9 sold under execution in the above entitled cause and the said J.F. Brown acknowledged that he executed and delivered the same for the uses and purposes therein contained.

p 136.
William A. Carr Plaintiff
vs                                                   Civil Action
Bedford W. Henslee Defendant
Now at this day comes the Plaintiff by attorney and also the Defendant appearing by attorney and the parties having announced ready for trial therefore comes a Jury viz N.M. Rountree, F.S. Jones, J.A. Murray, Jacob Hursh, A.J. Show, E.O. Kincaid, W.M. Shipley, T.J. Oneal, W.H. Lyman, T.B. Holland, J.W. Peacher and Thomas Fay, twelve food and lawful men who being duly elected, tried and sworn to try the issue and having taken and subscribed the oath prescribed by ordinance of Convention and after hearing the testimony provided by the parties and received the instructions of the Court retired to consider of their verdict and on returning into Court present the following verdict "We the Jury find for the Plaintiff and assess his damages at $123.75 F.S. Jones foreman." It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said sum of $123.75 damages and also his costs in this behalf laid out and expended and that execution issue therefor.

p 136/137.
Samuel Spears Plaintiff
vs                                                   Civil Action
John W. Hancock Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition and the same being founded on a promissory note the same is taken as true. It is further considered by the Court that the Plaintiff have judgment interlocutory by default and
(continued)

13
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 136/137 cont.
unless the same be set aside for cause shown by the sixth day of the next term of this Court that inquiry be had and this judgment be made final.

p 137.
Joseph W. Faught Plaintiff
vs                                                   Civil Action
Christopher Bodenhamer, William
Edmonson & Benjamin H. Edmonson Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that Defendants has been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition the same is taken as true. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and also costs that he have execution therefor and unless the same be set aside for cause shown by the sixth day of the next term of this Court that inquiry be had and this judgment be made final.

John Tennis Plaintiff
vs                                                   Civil Action
Christopher Bodenhamer, William
Edmonson & Benjamin H. Edmonson Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that Defendants has been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to answer plead or demur to Plaintiff's petition the same is taken as true. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also costs that he have execution therefor and unless the same be set aside for cause shown by the sixth day of the next term of this Court that inquiry be had and this judgment be made final.

Ordered by the Court that Court adjourn till Saturday morning 9 o'clock.
John S. Waddill Circuit Judge

Monday morning January 23rd 1865
Court met pursuant to adjournment. Present as on Saturday.

p 138.
James S. Norfleet Plaintiff
vs                                                   Civil Action
Branham H. Woodson Defendant
Now at this day comes the Plaintiff by attorney and Elizabeth Walton by her attorney and the petition heretofore filed by her comes on to be heard and it appearing to the Court that no personal service has been made on the Defendant nor has he appeared to the action and it further appearing that the said Walton is an attaching creditor against the Defendant in this cause. It is therefore ordered by the Court that the said Walton may appear in this suit in behalf of the Defendant and make all such defence as the said Woodson could have done.

14
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
January 23rd.

Motions:
State of Missouri vs E. Coker -- Gaming -- Motion for new trial.
Bank of Missouri vs John Breedlove et al -- Alias Writ
Joseph S. Noss vs James Evans & John A. Patterson -- withdraws demurer
James Smith vs Robert Patterson -- summons ordered
Benjamin Davis vs George Johnson -- cause continued uuntil next term.

p 139.
Benjamin Davis vs George Thomas -- cause continued until next term,
Benjamin Davis vs William C. Johnson -- cause continued until next term,
J.W. Wadlow vs A. Lawson & J.L. Jenkins -- Plaintiff files interrogatories

p l39/140
John W. Wadlow Plaintiff
vs                                                   Civil Action
Ansel Lawson and John Jenkins Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant Lawson has been served with personal service and the Defendant Jenkins has been duly notified of the commencement of this suit by publication in the Springfield Journal, a newspaper published in this State, for four successive weeks the last insertion at least four weeks before the first day of this Court and both Defendants having failed to answer plead or demur to Plaintiff's petition the same is taken as confessed and it further appearing to the satisfaction of the Court that on the second day of August 1864 an attachment was issued from the office of the Clerk of the Circuit Court directed to the Sheriff of Greene County, Missouri, which was by said Sheriff on the 15th day of August 1864 levied by attaching all the moneys, credits, evidences of debt that was in the hands of T.A. Reed, Sheriff of said County amounting to $92 and this action being founded on a promissory note signed by Defendants the Court doth find from an examination of the same that the Defendants are indebted to Plaintiff in the sum of $75 debt and also $28.62 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendants his said debt damage and costs in this behalf laid out and expended and that a special fi fa issue against the money attached in the hands of the Sheriff and all or so much thereof as is necessary to satisfy said execution be paid over.

p 140.
Jacob Garton & W.D. Sparkman Plaintiff
vs
J.H. Rainy Defendant
Now at this day R.A.M. Rose garnishee in this cause who has heretofore filed his answer is allowed $7.50 for his expense in answering this cause to be paid by Sheriff.

Jacob Garton & W.D. Sparkman Plaintiff
vs
J.H. Rainy Defendant
Now at this day an additional sum of $9 is allowed Job Rose garnishee who has heretofore filed his answer in this cause to be paid by Plaintiff.

Thomas A. Sherwood
vs
Samuel S. Vinton
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this suit as to all parties who are garnisheed in this cause.

15

January Term Continued
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