Abstract of Circuit Court Record Books 1846 - 1852

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Special Adjournment Session 13 July 1846.
Book C.

p 120.
At a special adjourned session held in continuation of the May Term A.D. 1846 of the Greene Circuit Court held at the Court House in the town of Springfield in said County on the second Monday in July A.D. 1846. Present Honorable C.S. Yancey Judge, A.L. Yarborough Sheriff of Greene County, Joshua Davis Clerk.

p 121.
It is ordered by the Court that James A. Chapman be permitted to sign the roll of attorneys of this Court.

Samuel Downing Plaintiff
vs                                                   Appeal from J.P.
John Young Defendant
Now at this day came the parties by their attornies and by consent of parties this cause is dismissed at the Defendant's costs. It is therefore considered by the Court that said suit be dismissed and tthat the said Plaintiff have and recover of and from the said Defendant his costs in this behalf and that he have execution therefor.

p 122.
State of Missouri Plaintiff
vs                                                   Indictment
Lewis A. Whitset Defendant
Now at this day came John H. Miller, Joseph Miller, Hezekiah Blankenship, John 13. Cox and Almus L. Rountree who are witnesses on the part of the said State in this cause and the said Witnesses are by the Court notified to appear at the Court House in the town of Springfield in Greene County on the first day of the next term of this Court which term will commence on the third Monday after the fourth Monday of October, next, then and there to testify in this cause on the part of the said State and not depart said Court without leave.

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GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
Special Session
July 1846.

p 123.
E.R. & H. Fulbright
Admin of William Fulbright
vs                                                   Appeal from J.P.
Peter Apperson
Now at this day caine the said Defendant by his attorney who says that he cannot deny but that he owes and stands justly indebted to the said Plaintiffs in the sum of $14.50 for his debt and damages. It is therefore considered by the Court that the said Plaintiffs have and recover of and from the Defendant the said sum of $ 14.50 debt and damages confessed as aforesaid together with their costs and charges in this behalf and that they have execution therefor.

p 124.
State of Missouri Plaintiff
vs                                                   Indictment for Assault with Intent to Kill
Archibald Brown Defendant
Now at this day comes the Prosecuting Attorney who prosecutes on behalf of the State of Missouri and Archibald Brown in his own proper person and it being demanded of him how he will acquit himself for a plea in this behalf says he is not guilty in manner and form as charged in the said indictment and for the trial thereof puts himself upon the County and the Circuit Attorney doth the like, and thereupon came a Jury, to wit: William G. Summers 1. Thomas J. Hodges 2. William Guthry 3. B.S. Lane 4. A.M. Summers 5. Solomon Cother 6. Thomas Bedford 7. Jeptha Wallace 8. M. Rountree 9. Edward Moore 10. John H. Miller 11. John Layton 12, twelve good and lawful men duly elected tried and sworn well and truly to try the issue joined upon their oath to say "We the Jury do find the Defendant not guilty in manner and form as charged in said Indictment." It is therefore considered by the Court that the said Defendant be discharged and that he go hence without day.

p 125.
Statd of Missouri Plaintiff
vs                                                   Indictment Assault with intent to Kill
Archibald Brown Defendant
Be it remembered that on this day personally appeared in Open Court A. Brown as principal and Henry Bannister, Hezekiah Brown, Archibald Brown, sen., Cornelias Brown, Daniel Brown, Alfred Still ions and Samuel Demirst as Security acknowledge themselves indebted to the State of Missouri in the full sum of $500 to be void upon this condition that if the said Archibald Brown Jr be and appear before the Circuit Court of Greene County to be holden at the Court House in the town of Springfield in said County on the third Monday after the fourth Monday in October, next, then and there to answer an Indictment now pending against him in said County and not depart the same without leave then this Recognizance to be void otherwise to remain full force and virtue in Law.

p 126.
John L. Davis
vs                                                   Appeal from J.P.
George Cotter
Now at this day came the said Plaintiff by his attorney who says that he will not further prosecute his said appeal but will suffer the same to be dismissed. It is therefore considered by the Court that said cause be dismissed and that the said Defendant have and recover of and from the said Plaintiff his costs and charges in this behalf laid out and expended and that he have execution therefor.

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GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
Special Session
July 1846

p 126.
Maxwell Davis
vs                                                   Trespass
John Price, Joseph Price, Thomas Price, William Caldwell
Now at this day comes the Plaintiff and the said John Price, Joseph Price and William Caldwell by their respective attornies and the said Thomas Price by his guardian ad litem and the motion of the said Plaintiff filed herein on Monday last, coming on to be heard and the same being seen and by the Court fully understood. It is considered by the Court that the said motion be sustained and that the leave given to the said Defendant at the present term of this Court to withdraw their plea that continuance be rescinded and that the said Plaintiff have and recover of and from the said Defendants his damages by him sustained by, reason of the commission of the trespasses charged in the Plaintiff's declaration together with his costs in this behalf laid out and expended and because it is unlonown to the Court what damages have been by the Plaintiff sustained by reason of the collrnission of the said trespasses, it is therefore ordered by the Court that a Jury be empannelled at the next term of the Court to enquire of and assess the damages by the said Plaintiff sustained by reason of the cormnission of the said trespasses charged in the said Plaintiffs declaration.

p 127.
James W. Blakey
vs                                                   Bill in Chancery
G.P. Sanders, Exec of William Sanders
Now at this day upon the execution of the bill and answer in the above cause, the Court ordered the following issues to be made in the above Cause to wit: The Court directs the following issues to be tried by a Jury:

1st What means, if any, were used by William Sanders to lull the suspicions of James W. Blakey as to the quality and description of the land in the bill mentioned and whether said Sanders did not said Blakey rely on the presentations of said Sanders in making the purchase of said land.

2nd Did or not said Sanders represent that there was no rock on said land, except about 40 acres around the spring and if so were said representations true or false and whether at the time said purchase was made the grass was or not very tall thick and green so as to prevent said Blakey from seeing whether said land was or not rocky.

3rd Whether said Sanders represented that one 80 acres of said land was or not as well timbered as common around the prairie and whether said Sanders said that another 80 acres of said land was of pretty young sapling timber whether he did or not point across the prairie and say to said Blakey the timbered land there in view was the land spoken of and included in said tract. If so were said representations true or false.

4th Whether said Sanders shewed said Blakey a spring on said land then running and whether he represented the same to be never-failing spring and whether said representations were true or false and whether said Sanders knew said representation to be false.

5th Whether said Sanders represented to said Blakey, there was no wet-land on said tract arid whether in truth and in fact there was wet-land if so how much.

6th Whether or not the false representations by said Sanders, if any, were made, were made defraudulently and to induce said Blakey to give more for said land that it was worth.

7th What is the difference between the value of said tract of land as it is and what if would it would have been worth if it had been as represented by said Sanders.

8th If said Sanders did make false representations stated in the foregoing issues what damages has said Blakey sustained by reason of said false representations. (continued)

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GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
Special Session
July 1846.

p 127 (continued)
And it is ordered that the answer of the Defendants testator be received in evidence on the trial of the issues with the same effect as upon a hearing of the cause by the Court.

p 128/129
James W. Blakey
vs                                                   Bill No. 1 in Chancery
G.P. Sanders executor of
William Sanders, dec'd
Now at this day come the said Defendant by his attorney and by leave of the Court files hIs application verified by affidavit for a continuance of this cause. It is therefore considered by the Court that said cause be continued until the next term of the Court at the costs of the Defendant for which execution may issue therefor.

p 130.
Peter Apperson, admin. of the
Estate of C.D. Terrill
vs                                                   Appeal from J.P.
B.M. Jewett
Now at this day come the said parties by their respective attornies and the motion heretofore filed in this cause to dismiss said Suit being taken up and after argument on the same, it is considered by the Court that the said motion be sustained and that said suit be dismissed and that the said Defendant recover of and from the said Plaintiff his costs and charges in this behalf laid out and expended and that execution issue therefore, to which opinion of the Court in dismissing said suit the Plaintiff excepts.

p 131.
William H. Sanford Plaintiff
vs                                                   Appeal from J.P.
Jackson E.B. Justice Defendant
Now at this day come the said parties by their respective attornies and this cause being ready for trial. Thereupon came a Jury, to wit: Edward Moore 1. Josiah Cain 2. John H.Miller 3. P.M. Bennet 4. John Hunt 5. John M. Layton 6. John Layton 7. J.S. Bigbee 8. Richard Steel 9. John Steel 10. Oscar Robbards 11. B.F. Butler 12, twelve good and lawful men who being elected tried and swor4ell and truly to try the matter in controversy. Upon their oath do say "We the Jury find for the Plaintiff $60 for his debt and $11.25 for his damages." It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant and Joshua M. Bailey, his security in the Appeal Bond, the aforesaid sum of $60 for his debt and the further sum of $11.25 for his damages by reason of the detention of the same as in manner and form aforesaid assessed together with his costs and charges in this behalf laid out and expended and that he have execution therefor.

Thomas B. Neaves, Sheriff
vs                                                   Deed
William Folden
Now at this day come Thomas B. Neaves, late Sheriff of Greene County, by his deputy, A.L. Yarborough, in Open Court and acknowledged a Deed to William Folden for the following described tract of land situate in said County to wit: the W 1/2 of the SE 1/4 of Sect 24 Twp No. 30 Range No. 24 and the E 1/2 of the SE 1/4 of Sect 24 Twp No. 30 Range 24, in all containing 160 acres which land was sold by virtue of an execution in favor of William Hampton vs Wm Cox John C. Johnston, A. Summers and Wm. Folden.

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GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
July Term 1846.

p 132.
Thomas B. Neaves, Sheriff
to                                                   Deed
William Folden, John W. Hancock
Now at this day -- the said Thomas B. Neaves, late Sheriff of Greene County, Missouri, by his deputy, A.L. Yarborough, in Open Court and acknowledged a Deed to William Folden and John W. Hancock for the following described tracts of land situate in the County of Greene, to wit: the W 1/2 of the SE 1/4 of SW 1/4 of NE 1/4 of Sect No. 17 Twp No. 30 Range 24 in all containing 120 acres which land was sold by virtue of an execution in favor of William Hampton against Wm. Cox, John C. Johnson, Abraham Sumners and William Folden.

A.L. Yarborough
to                                                   Deed
George B. McElhannon
Now at this day come the said A.L. Yarberough, Sheriff of Greene County, Missouri, in Open Court and acknowledges a Deed to George B. McElhannon for the following described tract of land situate in the County of Greene, to wit: the E 1/2 of the SE 1/4 of Sect No. 5 Twp No. 30 Range No. 24 containing 80 acres which land was sold by virtue of an execution in favor of Silas Grantharn against J.G. Hammond

p 133.
James Beal Plaintiff
vs                                                   Appeal J.P.
Richard Steele Defendant
Now at this day comes the parties by their attornies the cause being taken up and thereupon came a Jury, to wit: 1. Wilson Hackney 2. Joseph Burden 3. Benjamin S. Lane 4. John R. Cannefax 5. John S. Bigbee 6. John M. Layton six good and lawful men elected, tried and sworn return into Court the following verdict "We the Jury cannot agree," were by the Court discharged and said cause continued until next term of this Court.

p 134, 135 nil

p 136.
B.A. James Plaintiff
vs                                                   Petition to foreclose mortgage
John C. Johnson et al Defendants
Now on this day come the said petitioner by his solicitor and it appearing to the satisfaction of the Court that John C. Johnson has been notified by publication in the SPRINGFIELD ADVERTIZER, a weekly newspaper published in the town of Springfield in said county of Greene and the said Defendant being thrice solemnly called comes not but makes default herein and it appearing to the satisfaction of the Court that the said John C. Johnston had executed a mortgage Deed to the above named Plaintiff hearing date the third day of October A.D. 1844 for the following described tracts of land, to wit: the W 1/2 of the SE 1/4 and the E 1/2 of the SW 1/4 of Sect 24 Twp 30 Range 24 West containing 160 acres situate in said County of Greene in the State of Missouri to secure the payment of a certain note payable and negotiable at the Branch Bank of the State of Missouri at Springfield for the sum of $800 due 8 months after date and dated the 3rd day of October A.D. 1844. It is thereby considered by the Court that the said Mortgage be foreclosed as to the said Defendant and because it is unknown to the Court now hear what damages hath been by the said Plaintiff sustained by reason of the compliance of the said Defendant with the conditions of his said Mortgage. It is therefore considered by the Court that a Jury be ordered and empanneled at the next term of this Court to Enquire of and assess the damages by the said Plaintiff sustained in this cause.

13
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
July Term 1846.

p 137.
B.A. James Plaintiff
vs                                                   Petition to Foreclose Mortgage
Thomas Cawfield et al Defendants
Now at this day come the said petitioner by his solicitor and it appearing to the satisfaction of the Court that Thomas Cawfield has been notified by publication in the SPRINGFIELD ADVERTISER, a weekly newspaper published in the town of Springfield in said County of Greene and the said Defendants being thrice solemnly called comes not but makes default herein and it appearing to the satisfaction of the Court that the said Thomas Cawfield had executed a Mortgage Deed to the above named Plaintiff bearing date the 3rd day of October A.D. 1844 for the following described tracts of land, to wit: the E 1/2 of NE 1/4 of Sect 20 and the W 1/2 of the NW 1/4 of Sect 21 of Twp 30 Range 24 West situate in County of Greene in the State of Missouri to secure the payment of a certain note payable and negotiable at the Branch Bank of the State of Missouri at Springfield for the sum of $800, due 8 months after date and dated the 3rd day of October A.D. 1844. It is therefore considered by the Court that the said Mortgage be foreclosed as to the Defendants and because it is unknown to the Court now hear what damage hath been sustained by the said Plaintiff by reason of the noncompliance of the said Defendant with the condition of said Mortgage Deed, and it is thereby considered by the Court that a Jury be ordered and empanneled at the next term of this Court to enquire of and assess the damages by the said Plaintiff sustained in this cause.

p 138/139.
B.A. James Plaintiff
vs                                                   Petition to Foreclose Mortgage
Wm. Cox et al Defendants
Now at this day come the said petitioner by his attorney and it appearing to the Court that William Cox has been notified by publication in the TEXAS DEMOCRAT, a weekly newspaper published in the town of Springfield in said County of Greene and the said Defendants being thrice solemnly called comes not but makes default herein and it appearing to the satisfaction of the Court that the said William Cox had executed a Mortgage Deed to the above named Plaintiff bearing date the 3rd day of October A.D. 1844 for the following described tracts of land, to wit: the W 1/2 of SE 1/4 and SW 1/4 of the NE 1/4 of Sect 17 Twp 30 Range 24 West, also the W 1/2 of NW 1/4 of Sect 16 and theE 1/2 of NE 1/4 of Sect 8 and the NE 1/4 of Sect 8 and the E 1/2 of the NE 1/4 of Sect 17 and W 1/2 of the SW 1/4 of Sect 9 all in Twp 30 Range 24 West, situate in the County of Greene and State of Missouri to secure the payment of a certain note payable and negotiable at the Branch Bank of the State of Missouri at Springfield for the sum of $800 due 18 months after date and dated 3rd day of October A.D. 1844. It is therefore considered by the Court that the said Mortgage Deed be foreclosed as to the said William Cox and because it is unknown to the Court now hear what damage hath been by the said Plaintiff sustained by reason of the noncompliance of said Defendant with the condition of his said Mortgage Deed. It is therefore ordered by the Court that a Jury be ordered and empanneled at the next term of this Court to enquire of and assess the damages by said Plaintiff sustained in this cause.

p 133.
B.A. James
vs                                                   Petition to Foreclose Mortgage
William Folden, Charles A. Haden, John Smith, William Hampton Impleaded with John C. Johnson
This day comes the Plaintiff by his attorney and the Defendants being 3 times solemnly called come not but makes default. All causes and motions not otherwise disposed of are continued until the next term of this Court. C.S. Yancey Judge

END OF JULY TERM 1846.

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