Abstract of Circuit Court Record Books 1846 - 1852

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

June Term 1852.
Book D.

p 26.
Be it remembered that on the 27th of March A.D. 1852 an order was made by the Hon. Charles S. Yancey Judge of the 13th Judicial Circuit in the State of Missouri, in vacation adjourning the Circuit Court in and for Greene County, from the 5th Monday after the 4th Monday in April 1852 until Sth Monday after said 4th Monday of April 1852 and on the said 5th Monday after the 4th Monday in April 1852 it being the 31st day of May 1852 in obedience to the State order made by the said C.S. Yancey Judge as aforesaid George W. Kelley, Esq, Sheriff of Greene County did by public proclamat ion at the Court House door in the city of Springfield adjourne said Greene County Circuit Court until said 8th Monday after the said 4th Monday in April 1852 it being the 21st day of June 1852, and be it also remembered that the said 21st day of June 1852 the Court met persuant to said adjournment present the Hon. C.S. Yancey Circuit Judge - John T. Coffee, Esq, Circuit Attorney - George W. Kelley, Esq, Sheriff of said County and Joshua Davis Clerk of said Court when and where the following proceedings were had.

Now at this day comes the Sheriff with and for Greene County and returns here into Court the venire for a Grand Jury with the following pannell endorsed thereon. To wit: Joseph Weaver 1. who was chosen foreman of said Grand Jury. Joseph Evans 2. Caleb Horn 3. Benjn A. Neill 4. F.M. Bennet 5. David 5. Delzell 6. Jos. Moss 7. Joel Phillips 8. W.H. Graves 9. David McHaffie 10. J.H. Gibson 11. Henry King 12. Joseph Gardner 13. Wm. G. Roberts 14. Matthew Chapman 15. F.T. Frazier 16. S.D. Bird 17, good and lawful men duly elected tried and sworn received a charge retired to consider of their presentments.

p 27.
Ordered by the Court that E.B. Boone and William S. McConnell be permitted to sign the roll of practicing attornies.

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Elbert Martin Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and says that by leave of the Court he will no further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State of Missouri take nothing by her said Writ that the said Defendant be hereof discharged and go hence without day.

Above item repeated twice more on page 27.

Jesse Mankins Plaintiff
against                                                   Civil Action
Alpheus Huff Defendant
Now at this day come the parties in this case by their attorneys and by consent of parties this cause is dismissed and it is agreed by the parties aforesaid that the Defendant pay the costs for which execution may issue.

State of Missouri Plaintiff
vs                                                   Indictment For Selling Liquor
Jacob Baughman Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court
(continued)

148
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
JUNE TERM 1852

p 27 (continued)
that the said State of Missouri take nothing by her said Writ that the said Defendant be hereof discharged and go hence without day.

p 28.
First three items repeats of last item - Jacob Baughman -

State of Missouri Plaintiff
against                                                   Indictment For Selling Liquor
Polly Baughman Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State of Missouri take nothing by her said Writ that the said Defendant be hereof discharged and go hence without day.

Next two items same as above--

p 29.
State of Missouri Plaintiff
against                                                   Indictment For Felonious Assault
Benjamin Potter Defendant
Now at this day comes the respective parties by their attorneys and the Circuit attorney makes his application for a continuance of this cause and all and singular the premises being seen and by the Court fully understood. It is considered by the Court that said cause be continued until next term of this Court.

State of Missouri Plaintiff
against                                                   Recognizance to Keep the Peace
Adam Weaver, et al Defendants
Now at this day come the said Parties by their attorneys and the action heretofore filed to discharge the Defendants from their said recognizance coming on to be heard and all and singular the premises being seen and by the Court fully understood. It is considered by the Court that said motion be sustained and that the said Defendants be hereof discharged and go hence without day and that Amos Summons the prosecutor pay the costs in this behalf expended and that execution issue with a capias clause.

Ordered by the Court that B.T. Jones and D.C. Dade be permitted to sign the Roll of Attornies.

Peter Copland Plaintiff
against                                                   Civil Action
Estate of George Yocum, Deceased Defendant
Now at this day come the Plaintiff in this cause by his Attorney and says by leave of the Court he will no further prosecute his said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said Plaintiff take nothing by his said suit that the said Defendant have and recover of and from the said Plaintiff her costs and charges in this behalf expended for all of which execution may issue.

149
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D
JUNE TERM 1852

p 30
Peter Copland Plaintiff
against                                                   Civil Action
Estate of George Yocum, Deceased Defendant
This day came the Plaintiff by his Attorney and dismissed his suit. It is therefore considered by the Court that said Defendant recover of said Plaintiff the costs herein expended and that execution issue therefor, etc. James H. Stewart against Jesse A. Hill This day came the Defendant and files herein his petition for a Change of Venue in this cause and the same being seen and fully examined. It is ordered that a Change of Venue be awarded in this cause to the County of Polk and that the Clerk of this Court make out a transcript of this cause and forward the same as the Law directs.

State of Missouri Plaintiff
against                                                   Indictment
William J. Trobridge Defendant
On a motion of the Circuit Attorney it is ordered that an attachment issue in this cause Samuel Andrews a witness for the State in this cause for failing to appear and testify at the present term.

p 31.
State of Missouri Plaintiff
against                                                   Indictment for Disturbing Religious Worship
James Campbell Defendant
This day came as well the Circuit Attorney who prosecutes for the State of Missouri in this behalf as well as said Defendant in his own proper person who for plea says he is not guilty in manner and form as he stands charged in said Indictment and for trial puts himself on the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: Richard P. Whitlock, Avanant Hollingsworth, William L. Herrington, Richard Gott, Edward C. Manning, William B. Hays, George Dewitt, A. Woodward, John M. Crocket, Alfred Stillions, Henry Fulbright and Joseph Miller, twelve good and lawful men who being sworn well and truly to try the issue joined, heard the evidence and argument of attorneys and returned the following verdict: "We the Jury find the Defendant guilty in manner and form as he is charged in the Indictment and assess his fine to ten dollars." It is considered by the Court that the said Plaintiff recover of said Defendant said sum of ten dollars assessed as aforesaid and also her costs herein expended, and that execution issue therefor with a capias clause.

p 32.
State of Missouri Plaintiff
against                                                 Indictrnent for Disturbing Family in the Night Time
Archibald Walker Defendant
This day came as well the Circuit Attorney who prosecutes for the State of Missouri in this behalf as well as said Defendant in his own proper person who for plea says he is not guilty in manner and form as he stands charged in said Indictment and for trial puts himself upon the County and the Circuit Attorney doth the like and there- upon came a Jury, to wit: James Rains, B.W. Cannefax, Noah Strong, James R.. Ray, J.J. Bradley, Thomas Tiller, Kindred Rose, Wm. Russell, John Murray, A.L. Yarbrough, Edward Moore and Milton Epperson, twelve good and lawful men who being sworn well
(continued)

150
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D. JUNE TERM 1852

p 32 (continued)
and truly to try the issue joined, heard the evidence and returned the following verdict, to wit: "We the Jury find the Defendant not guilty." It is therefore considered by the Court that the said Defendant be fully discharged from this prosecution and go hence without day, etc. By consent of parties during the progress of the trial John Murray, one of the Jurors, was discharged.

This day come the Grand Jurors into Court and presented the following as a true bill of Indictment -
The State of Missouri against Benjamin Cavness for a Felonious Assault and he being in custody the same is disclosed and having further business retired to consider of their presentments.

It is ordered by theCourt that all Bills of Indictment found at this term of the Court be marked filed and that capiases be issued on all Indictments found at this term of this Court.

State of Missouri Plaintiff
against                                                   Attachment
Finetta E. Robertson Defendant
This day came the Defendant in this cause in obedience to her recognizance into Court and made her excuse for failing to obey the process of said Court which said excuse is deemed sufficient. She was by the Court discharged.

State of Missouri Plaintiff
against                                                   Attachment
N.J. Robertson Defendant
This day came the Defendant in this cause in obedience to her recognizance into Court and made her excuse for failing to obey the process of said Court which said excuse is deemed sufficient. She was by the Court discharged.

p 33.
State of Missouri Plaintiff
against                                                   Attachment
M.L. Jackson Defendant
This day came the Defendant in this cause in obedience to her recognizance into Court and made her excuse for failing to obey the process of said Court which said excuse is deemed sufficient. She was by the Court discharged.

State of Missouri Plaintiff
against                                                   Attachment
Alfred Stillions Defendant
This day come the Defendant in this cause into Court in obedience to his recognizance and renders his excuse for failing to obey the process of this Court and all and singular the premises being seen and by the Court well understood, it is considered by the Court that he be hereof discharged from the payment of any fine for a contempt that he pay the costs in this behalf expended for all of which execution may issue with a capias clause.

State of Missouri Plaintiff
against                                             Indictment For Maiming, Wounding, Disfiguring, Etc.
Benjamin Cavness Defendant
The Defendant being brought into Court upon capias and made his application for a Change of Venue which was awarded, and the case removed to Taney County the causes for removal were the prejudices of the inhabitants. The Bill required is six hundred dollars and he not giving bail it is also ordered that the Sheriff of Greene County remove the body of the said Defendant to the jail of the County of Taney and deliver
(continued)

151
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
JUNE TERM 1852

p 33 (cont)
him to the keeper thereof, together with the process by virtue of which be is imprisoned and held and it is also ordered that the Sheriff have two guards to aid him in transporting him to the jail of Taney County.

Ordered by the Court that A.T. Haun be permitted to sign the Roll of Attorneys.

p 34.
Indictments for arson against Robert Craig and Edward Cluck and Jeremiah Cluck continued until next term of Court.

Wednesday Morning June 23rd.

State of Missouri Plaintiff
against                                                   Indictment For Selling Brandy
James F. Hornbeak Defendant
This day came as well the Circuit Attorney who prosecutes on behalf of the State of Missouri as the said Defendant in his own proper person who for plea says he is not guilty in manner and form as he stands charged in said bill of indictment and for trial puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to Wit: James S. McQuerter, E.P. Gott, W.A. Thomas, George Dewitt, William J. Trobridge, Joseph Gott, Wilson Hackney, Jacob Painter, Jeptha Wallis, Thomas Harlow, Joseph Farrier, Henry Fulbright, twelve good and lawful men duly elected tried and sworn well and truly to try this issue joined, after hearing the evidence and arguments and the Jury being unable to agree were by the consent of the parties discharged.

p 34/35.
State of Missouri Plaintiff
against                                                   Indictment For Working On Sunday
Richard Hagan Defendant
This day came as well the Circuit Attorney who prosecutes on behalf of the State of Missouri as the Defendant in his own proper person who for a plea says that he is not guilty in manner and form as he stands charged in said bill of Indictment and for trial puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: Edmund Fuller, James Potter, Thomas J. Hodges, Noah Strong, Josiah Burney, John C. Bigbee, Joseph Jones, John Daily, D.G. Bedell, Thomas W. Anderson, E.C. Manning and Avanant Hollingsworth, twelve good and lawful men duly elected and sworn well and truly to try the issue joined. After hearing the evidence and argument of Counsel returned the following verdict "We the Jury find the Defendant not guilty." It is therefore considered by the Court that he be hereof discharged and go hence without day.

State of Missouri Plaintiff
against                                                   Attachment
James Pendleton Defendant
This day comes the Defendant in this cause in obedience to his recognizance and makes his excuse for failing to obey the process of this Court and all and singular the premises being seen and fully understood, it is considered by the Court that he be hereof discharged from the payment of any fine for a contempt and that he pay the costs herein expended for all of which execution may issue with a capias clause.

152
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
JUNE TERM 1852

p 35
State of Missouri Plaintiff
against                                                   Attachment
Thomas Walker Defendant
This day comes the Defendant in this cause in obedience to his recognizance and makes his excuse for failing to obey the process of this Court and all and singular the premises being seen and fully understood, it is considered by the Court that he be hereof discharged from the payment of any fine for a contempt and that he pay the costs herein expended for all of which execution may issue with a capias clause.

State of Missouri Plaintiff
against                                                   Indictment For Working On Sunday
Joseph Greene Defendant
This day comes the Defendant in this cause by his attorney and by leave of the Court files herein his motion to quash said Indictment and the said motion being taken up and the premises seen and fully understood it is considered by the Court that the said motion be sustained, that the said Defendant hereof discharged and go hence without day.

State of Missouri Plaintiff
against                                                   Indictment For Working On Sunday
Joseph B. Greene Defendant
This day comes the Defendant in this cause by his attorney and by leave of the Court files herein his motion to quash said Indictment and the said motion being taken up and the premises seen and fully understood it is considered by the Court that the said motion be sustained, that the said Defendant hereof discharged and go hence without day.

p 36.
John McCracken Plaintiff
against                                                   Civil Action
James Massey, et al Defendant
On motion William McAdams is appointed by the Court guardian ad litem for Mary Jane, Mariah Louisa, Joseph M. and Emily F. Powell, minor heirs of Joseph Powell, Dec'd.

In the matter of the heirs of
Randolph Lanham Dec'd
Petition for Partition
Horace Snow, executor of the last will and testament
of Randolph Lanham, deceased
Thomas Lanham
Garland Lanham
Horace Snow, administrator of the estate of
John Lanham, deceased
Jane Lanham, Catherine Lanham by their Guardian Garland Lanham
and Abel Lanham by his guardian
Horace Snow minor heirs of Randolph Lanham, deceased.
This day was presented the petition of the above named persons to the Court for partition of the following described lands, to wit: the SE 1/4 of the SW 1/4 of Sect 32 in TWP 30 of Range 21 W in the district of land subject to sale at Springfield, Mo., containing 40 acres and also lots number 6 and 7 of the NW fractional 1/4 of Sect 6 in TWP 29 of Range 21 containing 81.90 acres also lots No. 5 & 6 in the NE fractional

153
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
JUNE TERM 1852

p 36 (cont)
one quarter of Section No. 1 in Township No. 29 of Range No. 22 excepting 23 acres sold to Louis Scruggs, the W 1/2 of Lots No. 5 and 6 in the NW fractional 1/4 of Sect No. 6 in Township No. 29 of Range No. 21, also a portion of Lot No. 7 in said Township and Range. Running with the baseline East to the Branch, up the Branch to the centre of the Spring, thence South 23 degrees East 8 chains 17 to Mans Corner thence West to the Rangeline thence North to the beginning. And it appearing to the satisfaction of the Court that each of said legatees or their legal representatives have joined in said petition and are each entitled to one sixth of all the land above named after giving to Abel Lanham 20 acres. That is to say to Thomas Lanham one sixth, Garland Lanham one sixth, Horace Snow as administrator of the estate of John Lanham one sixth, Jane Lanham one sixth, Catherine Lanham one sixth and Abel Lanham one sixth besides the above 20 acres and that Christopher C. Williamson, Thomas Edmonson and James W. Gray be appointed Commissioners to divide the same, and they are hereby authorized and required to employ a competent surveyor to assist them in making said division, and to make report of their proceedings at the next term of this Court, and that they be notified thereof.

p 37. nil

p 38.
State of Missouri Plaintiff
against                                                   Indictment For Sabbath Breaking
Alfred Keeny Defendant
This day come the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant in his own proper person who for a plea says that he cannot deny but that he is guilty in the manner and form as he is charged in the Bill of Indictment, and puts himself upon the mercy of the Court and was fined one dollar. It is therefore considered by the Court that he make his fine by the payment of the sum of one dollar together with the costs herein expended for all of which execution may issue with a capias clause.

Joel Phillips Plaintiff
against                                                   Appeal J.P.
John Guinn Defendant
This day come the parties in this cause by their respective attorneys and the cause being ready for hearing and thereupon come a Jury, to wit: G.B. Robertson, Jacob Woodward, Avanant Hollingsworth, Jeremiah Williams, Peter R. Wallis and William E. Williams, six good and lawful men duly elected tried and sworn. After hearing the evidence and arguments of counsel return the following verdict, to wit: "We the Jury find for the Plaintiff and assess his damages at the sum of twenty dollars. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant and his security, John Gray, the sum of forty dollars together with his costs and charges in this behalf expended for all of which execution may issue,

p 39.
John S. Phelps Plaintiff
against                                                   Petition
A. Tappan and Company Defendant
This day come the parties aforesaid by their attorneys and on motion of the Plaintiff said motion being fully heard by the Court. It is ordered by the Court that an injunction be granted the Plaintiff enjoining, restraining and prohibiting said Defendants and all others from proceeding to sell the real estate mentioned in the
(cont)

154
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
JUNE TERM 1852.

p 39 (cont)
petition until this cause can be heard and tried upon said Plaintiff executing Bond and Security in the sum of one thousand dollars conditioned as the Law directs and thereupon said Plaintiff produced and filed said Bond which was approved.

James Brumby Plaintiff
against                                                   Appeal J.P.
Jeremiah Williams Defendant
This day come the parties in this cause by their attorneys and said cause being ready for hearing and thereupon came a Jury. to wit: Henry H. Blanchard, Josiah Redfearn, George W. Gorsuch, M.A. Thomas, Joseph H. Miller and Joseph T. Morton. six good and lawful men duly elected tried and sworn well and truly to try the issue joined. After hearing the evidence and arguments returned into Court the following verdict, to wit: "We the Jury find for the Defendant." It is therefore considered by the Court that the Defendant have and recover of and from the said Plaintiff his costs and charges in this behalf expended for all of which execution may issue.

p 40.
Wilson Hackney
to                                                   Emancipation
Celia Jane
Be it remembered that on this day come into Court Wilson Hackney known to the Court and acknowledged an instrument of writing emancipating Celia Jane to be his act and deed for the purposes therein mentioned.

Thomas Prunty Plaintiff
against                                                   Civil Action on Promissory Note
D. Johnson and A. Maurice Jr
R.W. Sims and J.H. Miller Defendants
This day comes the Plaintiff by his attorney and by leave of the Court dismisses his suit as to D. Johnson and A. Maurice Jr.

Thomas Prunty Plaintiff
against                                                   Civil Action on Note
Robert W. Sims and John H.. Miller Defendants
This day come the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendants had been duly served with process and having failed to answer and being three times solemnly called come not and the demand being founded on an instrument of writing for the direct payment of money, said cause was submitted to the Court. The Court do find from the said instrument that the said Defendants owes and stands justly indebted to the said Plaintiff in the sum of two hundred dollars for his debt and that the said Plaintiff has sustained damages by the detention thereof in the sum of twenty eight dollars together with costs expended for all of which execution may issue.

p 41.
John Weaver, to the use of William Webb
against                                                   Civil Action
George B. McElhanon Defendant
This day come the parties in this cause by their respective attorneys and this cause being ready for hearing and neither party requiring a Jury the cause was submitted to the Court and the Court sitting as a Jury after hearing the evidence
(continued)

155
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
JUNE TERM 1852

p 41 (continued)
do find the issue for the Defendant. It is therefore considered by the Court that the said Defendant have and recover of and from the said Plaintiff his costs and charges in this behalf laid out and expended for all of which execution may issue.

John McCracken Plaintiff
against                                                   Civil Action
James Massey, et al
Mary Jane, Mariah Louisa, Joseph M. and
Emily F. Powell minor heirs of Joseph Powell, deceased Defendants
Now at this day comes John McCracken by his attorney and it appearing to the Court that James Massey one of the Defendants in the cause had been legally served with process and he being three times solemnly called come not but makes default, and the Plaintiff's bill for want of an answer is therefore taken as confessed as to the said James Massey and William McAdams, Guardian ad litem for Mary Jane Powell, Mariah Louisa Powell, Joseph M. Powell and Emily F. Powell, minor heirs of Joseph Powell, deceased appeared and for answer stated that he had no defence to make to Plaintiff's bill. It is therefore considered by the Court everything being seen and fairly understood that as Plaintiff states in his petition that James Massey sold for a valuable consideration to Joseph Powell now deceased the S 1/2 of the NE 1/4 of Sect 8 TWP 29 Range 21 lying and being in the county of Greene and agreed then and thereafter to make to the said Joseph Powell a good and sufficient deed for the same. Plaintiff further states that said Powell in his lifetime and while the title to the said real estate was still in the said Massey, sold the Plaintiff for a valuable consideration 20 acres off the West end of said real estate and then and there agreed to make or cause to be made thereafter upon the payment of the purchase money by Plaintiff to the said Powell a good and sufficient Deed for the same. Plaintiff further states that after the aforesaid sales, and before the said James Massey had made to the said Joseph Powell, or Plaintiff or before said Powell had made or caused to be made to Plaintiff a Deed for said real estate according to the contract of said Massey with said Powell, and said Powell's contract with Plaintiff said Powell deceased, and that the said Powell at the time of his decease, had and still has the following heirs at Law, viz, Mary J. Powell, Mariah J. Powell, Joseph M. Powell, minors as aforesaid. That the said James Massey since the death of the said Powell has made a Deed for the whole of said real estate to the minor heirs of said Joseph Powell deceased. Plaintiff states that altho he has paid the purchase money for said real estate yet the said Powell in his lifetime did not make or cause to be made to Plaintiff a Deed for said real estate, nor has his heirs or anyone for him since his death made such Deed to Plaintiff. Plaintiff asks that so much of the Deed be made by James Massey to the heirs of said Powell as embraces the above described twenty acres may be cancelled and that a Deed to the premises may be decreed to Plaintiff, and said Powell's contract between said Powell and said James Massey. It is therefore considered by the Court that so much of the deed from James Massey to Mary Jane Powell, Mariah Louisa Powell, Joseph M. Powell and Emily F. Powell, minor heirs of Joseph Powell deceased and convey to them 20 acres on the West end of the S 1/2 of the NE 1/4 of Sect 8 TWP 29 Range 21 be cancelled and that a Deed be decreed conveying to John McCracken all the right title claim and interest that James Massey and Joseph Powell deceased ever had in and to the same.

156
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
JUNE TERM 1852

p 42. June 25th.
This day came the Grand Jury into Open Court and presented the following bills of Indictment: State of Missouri against Richard Robertson and Martha Jane Jackson - a true bill State of Missouri against Benjamin Cavness and Martha DeWitt which were not for felonies, the others being for felonies not disclosed, and having further business retired to consider of their duties all of which are ordered to be filed and capiases to issue thereon.

State of Missouri Plaintiff
against                                                   Attachment
Rutledge Clayton Defendant
On motion of the Circuit Attorney it is ordered that an attachment issue against said Clayton returnable forthwith to show cause, if any he has, why he fails to appear and testify as a witness before the Grand Jury at the present term of this Courtwhen summoncd to do so and why he should not be fined for a contempt of Court.

p 43.
State of Missouri Plaintiff
against                                                Indictment For Inducing Witness to Disobey Process
Wm.J. Trobridge Defendant
This day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State of Missouri take nothing by her said Writ that the Defendant be hereof discharged and go hence without day.

p 44 Divorces - Previously published.

p 45. nil p 46.
State of Missouri Plaintiff
against                                                   Attachment
G.R. Clayton Defendant
This day comes as well the Circuit Attorney who prosecutes on behalf of the State of Missouri as the Defendant in his own proper person, and neither party requiring a Jury, the cause was submitted to the Court, and the Court sitting as a Jury doth assess a fine against the said Defendant of the sum of twenty five dollars. It is therefore considered by the Court that he make his fine by the payment of the sum of twenty five dollars together with the costs herein expended for all of which execution may issue.

p 47.
The Grand Jury came into Court and returned the following bills of Indictment.

State of Missouri against Stuart Warren - Dealing with a Slave without license
State of Missouri against Abraham Fine - Inducing Witness not to give Evidence
State of Missouri against Carroll Thomas - for Gaming
State of Missouri against George Maxwell - for Lewdness
State of Missouri against Isaiah Clayton - Selling Liquor on Sunday
State of Missouri against William Webb - for Gaming
State of Missouri against Peter Goodwin - Trading Stray
And having no further business were by the Court discharged. Which said bills of Indictment were by the Court ordered to be filed and capiases ordered to issue thereon.

157
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D
JUNE TERM 1852

p 47
George W. Kelley
to                                                   Deed
Archibald Clark
This day came G.W. relley who 15 known by the Court to be Sheriff of Greene County and also known to the Court to be the identical person whose name is subscribed to on an instrument of writing purporting to be a Sheriff's Deed conveying to Archibald Clark the E 1/2 of the NE 1/4 of Sect 18 TWP 29 Range 21 and acknowledged the same to be his act and deed for the purposes therein mentioned.

George W. Kelley
to                                                   Deed
Andrew Rountree
This day came G.W. Kelley who is known by the Court to be Sheriff of Greene County and also known to the Court to be the identical person whose name is subscribed to on an instrument of writing purporting to be a Sheriff's Deed conveying to Andrew Rountree Lot No. 1 of the NE fractional 1/4 of Sect 3 and the SW 1/4 of Sect 3 TWP 29 Range 21 and acknowledged the same to be his act and deed for the purposes therein mentioned.

p 48.
George W. Kelley
to                                                   Deed
N.R. Smith
This day came G.W. Kelley who is known by the Court to be Sheriff of Greene County and also known to the Court to be the identical person whose name is subscribed to on an instrument of writing purporting to be a Sheriff's Deed conveying to Nicholas It. Smith Lot No. 9 in Block No. 2 in the 2nd tier of lots in the city of Springfield and acknowledged the same to be his act and deed for the purposes therein mentioned.

George W. Kelley
to                                                   Deed
Jesse M. Kelley
This day came G.W. Kelley who is known by the Court to be Sheriff of Greene County and also known to the Court to be the identical person whose name is subscribed to on an instrument of writing purporting to be a Sheriff's Deed conveying to Jesse M. Kelley Lots 59 and 60 in Block No. 17 in the city of Springfield and acknowledged the same to be his act and deed for the purposes therein mentioned.

George N. Kelley
to                                                   Deed
Thomas Rountree
This day came G.W. Kelley who is known by the Court to be Sheriff of Greene County and also known to the Court to be the identical person whose name is subscribed to on an instrument of writing purporting to be a Sheriff's Deed conveying to Thomas Rountree Lot No. 1 of the NE fractional 1/4 of Sect No. 3 and the SW 1/4 of Sect 3 in TWP 27 Range 21 and acknowledged the same to be his act and deed for the purposes therein mentioned.

156
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
JUNE TERM 1852

p 48
William C. Price Plaintiff
against                                                   petition to Foreclose Mortgage
Amasa Maurice Defendant
Now at this day comes again the Plaintiff in this cause and the Defendant having been three times solemnly called comes n0t and it appearing to the satisfaction of the Court that the said Defendant has failed to appear at this term of this Court and show why the Decree in this cause made at last term of this Court should not bemade final. It is considered by the Court that said Decree be made final and it is ordered adjudged and decreed by the Court that the said sum of one thousand five hundred dollars for his debt as well as one hundred and thirteen dollars and thirty five cents for his damages for the detention thereof as well as costs of suit in this behalf laid out and expended in and about the prosecution of the Suit of said Plaintiff be recovered from the Defendant and that the equity of redemption to the lands, to wit. Lots 31 and 34 in Block 11 in the city of Springfield mortgaged tosecure the same and that a special fierifacias issue for that purpose.

End of JUNE TERM 1852.

159

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