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

GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

January Term 1865
Book G

p 165/166
Charles Sheppard, Joseph B. Kimbrough
and Edward L. Weaver
vs                                                   Sheriff's Deed
Jane M. Adams
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Sampson Bass to the following described real estate viz SE 1/4 NW 1/4 Section 22 Township 31 Range 20 said Bass being the highest bidder for the same under execution in the above entitled cause.

p 166.
Elizabeth Crouch
vs                                                   Sheriff's Deed
William R. Saye
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Elizabeth Crouch to the following described real estate viz SE of SW Section 2 and NE 1/2 of NE of SW 1/4 Section 1 Township 30 Range 23 and NE of NW Section 29 Township 31 Range 22 said Crouch being the highest bidder for the same under execution in the above entitled cause.

James F. Robinson
vs                                                   Sheriff's Deed
James F. Robinson
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Lorenzo Dow Bowl in to the following described real estate viz E 1/2 of NE 1/4 Section 11 and Lots No 1 and No 2 NE fcl 1/4 Section 3 Township 29 Range 23 said Bowlin being the highest bidder for the same under execution in the above entitled cause.

John F. Wade, admin of
J.W.E. Rucker, deceased
vs                                                   Sheriff's Deed
R.J. Ragsdale
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Theodrick B. Youngblood to the following described real estate viz SW 1/4 SE Section 34 Township 29 Range 23 said Youngblood being the highest bidder for the same under execution in the above entitled cause.

John Smith
vs                                                   Sheriff's Deed
Samuel Fulbright
Daniel Fulbright
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowsedges the execution of a Deed to John S. Phelps to the following described real estate viz W 1/2 SW 1/4 Section 23 Township 29 Range 22 and Lots 1 & 2 NE fcl 1/4 and SE 1/4 Section 6 Township 29 Range 21 and SE 1/4 Section 11 & SW 1/4 Section 12 and E 1/2 and SW 1/4 of NE 1/4 Section 23 and SE 1/4 SE 1/4 Section 22 all in Township 28 Range 22 said Phelps being the highest bidder for the same under execution in the above entitled cause.

p 167.
David D. Reynolds
vs                                                   Sheriff's Deed
Jefferson W. Rainey & Charles McCluer
(continued)

31
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 167 (cont.)
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to James Hackney to the following described real estate viz NW 1/4 SW 1/4 Section 3 Township 30 Range 23 said Hackney being the highest bidder for the same under execution in the above entitled cause.

Martin Brashears
vs                                                   Sheriff's Deed
Gabriel M. Freeman
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Brashears to the following described real estate viz E 1/2 of SW 1/4 and NE 1/4 of NW 1/4 Section 10 Township 26 Range 21 said Brashears being the highest bidder for the same under execution in the above entitled Cause.

William North, William P. Scott
and Andrew J. Dreas
vs                                                   Sheriff's Deed
James S. Jones
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to William P. Scott to the following described real estate viz beginning on the West side of South Street South of Lot No 68 of Block I8 containing l 1/2 acres being the same lot sold to James S. Jones by John H. Miller and P.M. Miller by deed recorded on p 168 of Record Book lettered " "situate in the City of Springfield, said Scott being the highest bidder for the same under execution in the above entitled cause.

Henry L. Trantham, as exec of
state of A. Hankins
vs                                                   Sheriff's Deed
Christian S. Bodenhamer
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Lorenzo Dow Bowl in to the following described real estate viz NE 1/4 Section 19 Township 26 Range 23 SE 1/4 Section 11 NW 1/4 NW 1/4 and SE 1/4 NE 1/4 and SE Section 14 and SW of SW and SW of NE Section 13 Township 29 Range 21 Bowl in being the highest bidder for the same under execution in the above entitled cause.

p 168.
The State of Missouri to the use
of Elisha Headlee as public admin
of Greene County having in charge the
estate of Thad Prunty deceased
vs                                                   Sheriff's Deed
William H. Blakey, T.R. Bridges
and Robert C. Prunty
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Harrison J. Lindenbower to the following described real estate viz NW 1/4 NW 1/4 Section 9 and NE of NE No 5 and NE 1/4 NW 1/4 Section 4 beginning at the NW corner of a line of T No 28 & 9 thence South on the West Line to the old ford near the tan yard to Matthew Knowles' NW corner thence Eastwardly with the middle channel of the Branch to a Chinkapin Oak on the North side of Branch near a springs so as to include it, thence East to the NE Corner, thence North to the TWP line, thence West with TWP line to the beginning, all in Township 26 Range 22 W, said Lindenbower being the highest bidder for the same under execution in the above entitled cause.

32
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 168.
Robert J. McElhaney & Clement Jaggard
vs                                                   Sheriff's Deed
John D. Brown
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Abraham Woody the following described real estate viz SW 1/4 of NW 1/4 Section 17 Township 28 Range 20 said Woody being the highest bidder for the same under execution in the above entitled cause.

John S. Kimbrough
vs                                                   Sheriff's Deed
N.F. Jones, George M. Jones
and R.M. Jones
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to Daniel Chandler to the following described real estate viz Lots 35, 36, 37 and 38 of Hendricks and Jones Addition to Springfield, said Chandler being the highest bidder for the same under execution in the above entitled cause.

Henry F. Trantham, exec of estate
of A. Hankins, deceased
vs                                                   Sheriff's Deed
Christian S. Bodenhamer
Now at this day comes John A. Patterson, Sheriff of Greene County, into Open Court and acknowledges the execution of a Deed to John L. Holland to the following described real estate viz SW 1/4 of NW 1/4 and NW 1/4 NW 1/4 and E 1/2 SW 1/4 and NW 1/4 SW 1/4 Section 13 Townwship 29 Range 21 said Holland being the highest bidder for the same under execution in the above entitled cause.

p 169.
State of Missouri Plaintiff
vs                                                   Forfeiture Recognizance
W.A. Campbell, Joseph J. Weaver,
Beverly A. Barnett Defendants
Now at this day comes the Circuit Attorney and files his motion for an arrest of judgment heretofore rendered in this cause which motion is by the Court overruled and also prays an appeal which is by the Court granted.

Elisha White Plaintiff
vs                                                   Civil Action
James M. Graham Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been notified 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 by the Court that Plaintiff have judgment against Defendant but it not appearing what amount Plaintiff ought to recover. It is ordered that enquiry be had at the next term of this court when unless cause to the contrary is shown this judgment will be made final.

33
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 170
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
John Ellis Defendant
Now at this day comes John Ellis as principal and Daniel Nolton 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 but to be void on condition that said John Ellis shall be and make his personal appearance before the Honorable Judge of our Greene Circuit Court on the first day of the next term which will commence at the Court House in said County the second Monday in July 1865 and answer an Indictment preferred against him by the Grand Jury of said County for Selling Liquor Without License and not depart said Court without leave.

p 171/172.
John W. Wadlow Plaintiff
vs                                                   Civil Action
Benjamin C. Hardin & Morris R. Hardin Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified 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 confessed and it further appearing to the satisfaction of the Court that on the fourth day of May 1864 an attachment issued from the Clerk of the Circuit Court directed to the Sheriff of Greene County and it further appearing to the satisfaction of the Court a second Writ of attachment was issued on the 18th day of November and was by Sheriff on the 24th day of December 1864 levied upon the following described real estate viz E 1/2 SE 1/4 Section 22 Township 30 Range 23 and NW of SE Section 22 and W 1/2 SW 23 and E 1/2 SW Section 20 all in Township 30 Range 23 also by attaching all the goods, chattels, moneys, credits, evidences of debt and effects in the hands of G.W. Vaughan and its action being founded on a promissory note signed by Defendants and the amount ascertained whereby the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $144.42 Debt and also $58.54 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said Debt and Damage as well as costs in this behalf laid out and expended and that a special fi fa issue against the property attached and all or so much thereof as is necessary be sold to satisfy said execution.

p 172.
Charles H. Smith, surviving partner
of Smith and Vernon Plaintiff
vs
Wilson Skeen & Queen F. Deck Garnishee
Now at this day it appearing to the answer of Queen F. Deck garnishee in this cause that she is indebted to Defendant in the sum of $72.60. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant Queen F. Deck garnishee the sum of $68 damage and that execution issue therefor the garnishee is allowed $5 for her answer in this cause out of the assets confessed in her hands.

p 172/173.
Charles Sheppard, Joseph B. Kimbrough
& Edward L. Weaver Plaintiffs
vs
Thomas J. Weaver Defendant
(continued)

34
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 172/173 continued
Now at this day comes the Plaintiffs in the above entitled cause into open court and it appearing from the return of the Sheriff the Defendant cannot be found in this county. It is therefore ordered by the Court aforesaid that publication be made notifying said Defendant, Thomas J. Weaver, 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 an account wherein the amount claimed is $62.14 that his Property has been attached and that unless be 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 2nd Monday in July A.D. 1865 and on or before the third day thereof (if the term shall so long continue, 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 judgment rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be publish ed in the Springfield Journal, 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 said Court.

p 173.
Robert P Faulkner Plaintiff
vs                                                   Civil Action
Branham H. Woodson et al Defendant
Now at this day comes the Plaintiff by attorney and the said James S. Norfleet et al by their attorney and the demurer filed by them comes on to be heard and the Court finds the petition of the Plaintiff and the matters therein set forth are insufficient in Law for the Plaintiff to maintain his aforesaid petition against them. It is therefore considered by the Court that the Plaintiff take nothing by his said petition and that the said Norfleet et al have and recover of and from the Plaintiff their costs in this behalf laid out and expended for which execution may issue.

J.T. Hooker Plaintiff
vs                                                   Civil Action
Branham H. Woodson et al `Defendant
Now at this day comes the Plaintiff by attorney and the said James S. Norfleet et al by their attorney and the demurer filed by them comes on to be heard and the Court finds the petition of the Plaintiff and the matters therein set forth are insufficient in Law for the Plaintiff to maintain his said action against them. And it is therefore considered by the Court that the Plaintiff take nothing by his said petition and that the said Norfleet et al recover of and from said Plaintiff their costs in this behalf laid Out and expended for which execution may issue.

Presley Farris Plaintiff
vs                                                   Civil Action
B.H. Woodson et al Defendant
Now at this day comes the Plaintiff by attorney and the said James S. Norfleet et al by their attorney and the demurer filed by them comes on to be heard and the Court finds the petition of the Plaintiff and the matters therein set forth are insufficient in Law for the Plaintiff to maintain his said action against them. And it is therefore considered by the Court that the Plaintiff take nothing by his said petition and that the said Norfleet et al recover of and from said Plaintiff their costs in this behalf laid out and expended for which execution may issue.

p 174.
Motions:
R.P. Faulkner vs B.H. Woodson et al Plaintiff motion to set aside Judgment. Overruled.
(continued)

35
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 174 (cont)
Presley Farris vs B.H. Woodson et al -- Plaintiff motion to set aside Judgment.Cause continued.
J.T. Hooker vs B.H. Woodson et al. -- Plaintiff motion to set aside judgment. Cause continued
R.P. Faulkner vs B.H. Woodson et al -- Plaintiff files Bill of Exceptions.

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

January 27th, 1865.
Court met pursuant to adjournment. Present as on yesterday.

Bank of the State of Missouri
vs                                                   Civil Action
Rowan and Julian
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the motion to quash the Writ of Summons in this cause was by the Court overruled on the 23rd day of this month and the same was not by the Clerk placed upon the record. It is ordered by the Court that the Clerk place the same upon the records now for them. It is therefore considered by the Court that the matters and things stated in said motion are insufficient in Law for the Defendant to maintain his said motion.

p 175.
John Wood
vs                                                   Sheriff's Deed
John Lair et al
Now at this day comes John A. Patterson Sheriff of Greene County into Open Court and acknowledges executing and delivering a Deed to Charles Sheppard to the following described real estate viz NW 1/4 Section 12 SE 1/4 NW 1/4 Section 23 Township 28 Range 22 and SE 1/4 Section 21 E 1/2 SW 1/4 Section 10 Township 29 Range 22 and also part of E 1/2 Lot 26 Block 7 second tier Lots as laid down in the plat of Springfield being on West side of said E 1/2 fronting 18 feet on St Louis Street and extending to the rear of said Lot said Sheppard being the highest and last bidder for said real estate under an execution issued in the above entitled cause.

Charles Sheppard et al
vs
Jane M. Adams Sheriff's Deed
Now at this day comes John A. Patterson Sheriff of Greene County into Open Court and acknowledges executing and delivering a Deed to Charles Sheppard to the following described real estate viz SE 1/4 and
W 1/2 of NW 1/4 and SE 1/4 NW 1/4 Section 16 and SW 1/4 W 1/4 and SW 1/4 NW 1/4 Section 15 and N 1/2 NE Section 21 and W 1/2 SW Section 22 all in Township 31 Range 20 said Sheppard being the highest and last bidder for said real estate under an execution issued in the above entitled cause.

Ordered by the Court that when Court adjourns it adjourn till Saturday 11th day of

February 1865.
Bank of Missouri Plaintiff
vs
James Rowan and Alfred M. Julian
Now at this day comes on to be heard the motion of Defendant Julian to set aside the Judgment heretofore rendered in this cause and all and singular the premises being seen and fully understood by the Court said motion is by the Court sustained and said judgment set aside.

36
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 175/176.
John Smith Plaintiff
vs                                                   Civil Action
James Atkinson Defendant
To James Atkinson you are hereby notified that John Smith who commenced a suit against you in the Circuit Court of this County by Attachment wherein the sum sworn to is $755.45 due by two notes has died and that letters testamentary have been granted to Granville Smith and James M. McCullah execurity of his last will and testiment by the Probate Court of Barry County, Missouri, that said executors have filed their petition in said cause praying said suit be revived against you and that they be permitted to prosecute it as executor of John Smith deceased. It is therefore ordered by the Court that you be notified of the pendency of said proceedings by publication in the Weekly Patriot, a newspaper published in this County for 4 weeks successively the last insertion to be 4 weeks before the next term of our Court which will be held at the Court House in said County on 2nd Monday of July next unless you appear and show cause to the contrary said suit will be revived and that the said Smith and McCullah as executors be substituted as Plaintiffs in place of John Smith, deceased.

Ordered by the Court that Court adjourn until the 11th day of February 1865.
John S. Waddill Circuit Judge

p 176
February 11th 1865
Court met pursuant to adjournment present as on last day.

Robert J. McElhaney Plaintiff
vs                                                   Civil Action
John Lair Defendant
Now at this day comes the Plaintiff and asks that an alias writ of attachment issue in this cause which is by the Court ordered to issue.

Bank of the State of Missouri Plaintiff
vs                                                   Civil Action
Joseph B. Love, James Rowan,
Tyre G. Newbill & Alfred M. Julian Defendants
Now at this day comes Defendant A.M. Julian and by leave of Court files his answer in this cause and leave given Defendant Rowan to file answer at next term of this Court.

William F. Enders & John W. Bigelow Plaintiffs
vs                                                   Civil Action
Samuel S. Vinton Defendant
Now at this day comes Defendant by attorney and by leave of Court files his motion to set aside Sheriff's Sale in this cause.

p 177.
At the request of the Members of the Bar of Greene County the following additional rules of Court are made and ordered to be spread upon the Record.

Additional Rule 1st
The Clerk will insert the name or names of the attorneys of record or those who shall actually appear in the cause as the case may be for the Plaintiff and the Defendant in all entries hereafter placed upon the records.
(continued)

37
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G.
February 11th 1865
p 177 (continued)
Additional Rule 2nd
The Clerk will place the name of the attorney or attorneys for the Plaintiff on the back (at the foot thereof) of each execution hereafter issued.

Additional Rule 3rd
The Sheriff will attach the name of the Attorney or Attorneys which shall be on the back of the execution to each advertisement of the sale of property under such execution.

p 177/178
Charles A. Haden Plaintiff
vs                                                   Civil Action
John W. Hancock Defendant
Now at this day comes the Plaintiff by lindenbower his attorney and it appearing to the satisfaction of the Court that the Defendant 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 confessed and the Plaintiff waiving the necessity of a Jury, the Court doth find from the proof that Defendant is indebted to Plaintiff on a due bill signed by Defendant in the sum of $503 debt and $141.22 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 $503 debt and $141.22 damage, also his costs in this behalf laid out and expended for which execution may issue.

p 178.
State of Missouri Plaintiff
vs                                                   Grand Larceny
Ebenezer Phillips Defendant
Now at this day conies Ebenezer Phillips as principal and Masten Breeden as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of S1000 to be levied of their goods and chattels, lands and tenements to he void on condition that the said Fhenezer Phillips who stands indicted in the Green Circuit Court for Grand Larceny 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 holden at the Court house in Springfield on the second Monday in July 1869 and answer said Bill of Indictment and not depart said Court without leave.

Robert J. McElhaney & Robert
P. Faulkner Plaintiffs
vs                                                   Civil Action
John W. Chenoweth and Hervey
Chenoweth Defendants
Now at this day comes H.J. Lindenbower as attorney for William S. Baxley and by leave of Court files a motion on behalf of said Baxley asking that Henry Matlock as former Sheriff of this County of Greene, be permitted to make and execute to said William Baxley a Sheriff's Deed conveying land which was sold by said Sheriff under execution issued in this cause, a former Deed having been executed and acknowledged and lost, and the premises being seen and fully understood by the Court the said Sheriff is permitted to make, execute, acknowledge and deliver to said William S. Baxley a Deed conveying property sold by him while Sheriff as aforesaid under execution issued in this cause. The said Deed to recite the execution by him of a former Deed.

38
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G.
JANUARY TERM 1865
p 178/179.
Robert J. McElhaney &
Robert P. Faulkner
vs                                                   Sheriff's Deed
John W. Chenoweth & Hervey Chenoweth
Now at this day comes John A. Patterson Sheriff of Greene County into Open Court and acknowledges executing and delivering a Deed to the following described real estate to William S. Baxley viz beginning
20 feet East of the NE corner of J.R. Danforth's Lot on St. Louis Street thence running East to John S. Kimbrough line, being his (Kimbrough's) NW corner thence running South with Kimbrough's line to his (Kimbrough's) SouthWest corner thence running West to a stake within 20 feet of said James R. Danforth's SW corner, running thence North to the place of beginning said Baxley being the highest and last bidder for the same under an execution in the above entitled cause.

p 179.
Halsey H. Baker
vs                                                   Sheriff's Deed
Virgil W. Kimbal
Now at this day comes John A. Patterson Sheriff of Greene County into Open Court and acknowledges executing and delivering a Deed to Harrison J. Lindenbower to the following described real estate viz beginning at the SW corner of Lot No sixty in Block No Seventeen in the City of Springfield, running thence East to SE corner of Lot No fiftynine in Block No seventeen, thence North 42 1/2 feet, thence West 20 feet, thence North 45 feet, thence West to Main South Street, thence south to the beginning, said Lindenbower being the highest and last bidder for the same under an execution in the above entitled cause.

p 180.
James S. McQuerter & David R. Riggs Plaintiffs
vs                                                   Civil Action
J.P. Beebe Defendant
Now at this day comes the Plaintiffs in the above entitled cause into Open Court and files their petition and affidavit stating amongst other things that the above named Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served against him. It is therefore ordered by the Court that Publication be made notifying said Defendant J.P. Beebe 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 dated January 1st 1861 payable to Vinton T. Hornbeak and assigned to Plaintiffs for the sum of $51.50 due one day after date with interest at the rate of l0% per annum until paid and on failure to pay said interest annually it shall become principal and thereafter bear the same rate of interest as the principal on said note. There is a credit of $17 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 2nd Monday in July A.D. 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 judgment ordered accordingly and his property sold to satisfy the same. It is further ordered that a copy hereof be 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 said Court.

39
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 180/181.
Samuel Spears Plaintiff
vs                                                   Civil Action
John W. Hancock Defendant
Now at this day comes Plaintiff by J.M. Richardson attorney and it appearing to the satisfaction of 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 of this Court and having failed to answer plead or demur to Plaintiff's petition the same is taken as true and the Plaintiff waiving the necessity of a Jury. The Court doth find from an examination that Defendant is indebted to Plaintiff on a promissory note signed by Defendant in the sum of $150 debt and $13.50 damage and it further appearing in the Court that a Writ of Attachment was issued in this cause on the 26th day of October 1864 and was by the Sheriff on the 24th day of August 1864 levied on the following described real estate of said Defendant viz undivided half of Lot (1) one NW fcl 1/4 40 acres and Lot (2) NW fcl 1/4 80 acres Section 30 Township 28 Range 23 and E 1/2 of NW 1/4 80 acres Section 11 and NW of SW 40 acres of NW and SW of SW 40 acres Section 9 and E 1/2 NE 1/4 80 acres NE of SE 4 acres Section 8 SW of SW 40 acres SE of SW 40 acres and N 1/2 SW 1/4 80 acres and W 1/2 of SE 40 acres Section 21 Township 29 Range 21. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendant the said sum of $150 debt and $13.50 damage and also his costs in this behalf laid out and expended and that a special fi fa issue against the property attached and all or a sufficiency thereof he sold to satisfy said debt damage and costs.

p 181.
Boone A. Stephens
vs
R.J.D. Stephens
Plaintiff moves the Court to annul and correct the judgment in this cause rendered at the January Term 1864 and to run on the following judgment in said cause now for them. Now at this day comes on to be heard the above entitled cause and by consent of parties Plaintiff and Defendant judgment goes in favor of said Defendant in said Cause the Plaintiff to pay all costs because the judgment now asked to be rendered as aforesaid now for them was actually given and rendered by the Court at said January Term 1864 in said Court but the same was not entered of record.

p 182.
Henry Sheppard and John S. Kimbrough Plaintiffs
against
John W. Wadlow, Thomas A. Reed as
Sheriff of Greene County, Missouri
and Elisha Headlee as public admin of
Greene County, Missouri, having in charge
the estate of William Parrish, deceased Defendants
Now comes on this cause for hearing on the motion of said Sheppard and Kimbrough to set aside the sale of real estate made by the Sheriff. Thomas A. Reed, under executions which come to his hands, one in favor of the said Elisha Headlee admin of Greene County, Missouri against B.C. Hardin, Daniel Snodgrass and Morris R. Hardin, and one in favor of John W. Wadlow appearing by his attorney, John S. Phelps, and Thomas A. Reed and Elisha Headlee, appearing by their attorney, Harrison J. Lindenbower and it appearing to the satisfaction of the Court that more land was sold by said Sheriff under said executions than was necessary to satisfy the same and that two 40 acre tracts were conveyed by said Sheriff that was not sold and therefore the said John W.

40
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 182 (cont)
Wadlow, purchaser of said real estate, E. Headlee and T.A. Reed agree and the Court doth adjudge that said sale of land aforesaid be vacated set aside and for naught held and the deed of conveyance of said land, land to wit the W 1/2 of the SW 1/4 the E 1/2 of the SE 1/4 , the NW 1/4 of the SE 1/4 of Section 22 and W 1/2 of the SE 1/4 of Section 20, all in Township 30 Range 23, to the said John W. Wadlow to be cancelled, vacated, set aside and for naught held and the real estate in said Deed described be vested in the Defendant in said executions the same as though no sale had occurred and it is further adjudged by the Court that the said Thomas A. Reed, Sheriff, have leave to amend his return of said execution in accordance with this judgment and his undu resentment of satisfaction of the same be for naught held and that alias writs of execution issue on the judgment aforesaid, and it is further ordered and adjudged by the Court and agreed upon by the said Thomas A. Reed and John W. Wadlow that the said Thomas A. Reed shall refund the sum of $839.48 to the said John W. Wadlow being the amount which the said Wadlow paid said Reed on the sale aforesaid and that the said Reed shall also pay 10% interest on the same since the 12th day of August 1863 together with $6 expense paid by said Wadlow for executing and recording said Deed.

Ordered that Court adjourn until Court in cause.
S.H. Boyd Circuit Judge.

41

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