Abstract of Circuit Court Record Books 1853 - 1856

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

March Term 1856

p 347.
Be it remembered that at the March Term 1856 of the Greene County Circuit Court began and held at the Court House in the city of Springfield on the first Monday in March 1856 there was present:
C.S. Yancey Circuit Judge
Samuel Fulbright Sheriff
A.G. McCracken Clerk.

Now at this day comes Samuel Fulbright Sheriff and returns the following venire or panel for a Grand Jury, viz-
Franklin T. Frazier, foreman, 1. Kindred Rose 2. A. Mitchell 3. John Thurman 4. J. Murray S. I.H. Gibson 6. William Hendrick 7. William Gray 9. M. Chapman 10. A. Hollingsworth 11. T.C. Drumright 12. Woodson Howard 13. John W. Donnell 14. Levi Trantham 15. William Friend 16. M.M. Humble 17. Good and lawful men who being duly elected tried and sworn to well and truly enquire for the body of the County of Greene and having received the charge of the Court returned to consider of the presentments.

Lucy Aldridge et al
Petition for Partition Exparte
Now at this day come the parties by their attorney and ask the Court to determine and allow the attorney fees in said cause and all and singular the premises being seen and by the Court fully understood the Court doth here allow the sum of $20 as attorney fees in said cause.

129
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
p 347.
In consequence of the absence of E.B. Boone Circuit Attorney, the Court doth hereby appoint H.W, Riley Circuit Attorney Protem who was duly sworn to the faithfull discharge the duties of said Office.

p 348.
State of Missouri Plaintiff
vs                                                   False pretense
A. Lanham Defendant
Now at this day comes the Defendant in this cause as also his security, S.H. Owen and Horace Snow who surrender the said Defendant to the Court and are discharged from the recognizance. Whereupon Abel Lanham, A.H. Snow acknowledged themselves to owe and stand justly indebted unto the State of Missouri in the sum of $200 to be levied upon their respective goods and chattles, lands and tenementS to be void upon condition that the said Abel Lanham shall make his personal appearance from day to day at the present term of this Court to answer to an indictment against him for False Pretense and not depart said Court without leave.

p 349.
State of Missouri Plaintiff
vs                                                   Sabbath Breaking
A.L. Caldwell Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and says he will not further prosecute her said 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 suit and that the Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Felonious Assault
David Steel Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and says he will not further prosecute her said 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 suit but that the Defendant be hereof discharged and go hence without day.

p 350.
State of Missouri Plaintiff
vs                                                   Adultery
Sarah McNarry Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and says he will not further prosecute her said 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 suit and that the Defendant be discharged hereof and go hence without day.

p 351. Tuesday Morning March 4th 1856.
State of Missouri Plaintiff
vs                                                   Disturbing Peace of Neighborhood
Hardin Wood Defendant
Now at this day comes to be heard and considered the demurrer filed in this cause and all and singular the premises being seen and by the Court fully understood said demurrer is sustained. It is therefore considered by the Court that the State of Missouri take
(continued)

130
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
March Term 1856.

p 351 continued.
nothing by her said bill of Indictment and that the Defendant be discharged hereof and go hence without day.

State of Missouri Plaintiff
vs                                                   Disturbing Peace of Neighborhood
Robert Hood Defendant
Now at this day comes to be heard and considered the demurrer filed in this cause and all and singular the premises being seen and by the Court fully understood said demurrer is sustained. It is therefore considered by the Court that the State of Missouri take nothing by her said Bill of Indictment and that the Defendant be discharged hereof and go hence without day.

State of Missouri Plaintiff
vs                                                  
John Dickens Defendant
Now at this day comes to be heard and considered the demurrer filed in this cause and all and singular the premises being seen and by the Court fully understood said demurrer is sustained. It is therefore considered by the Court that the State of Missouri take nothing by her said Bill of Indictment and that the Defendant be discharged hereof and go hence without day.

State of Missouri Plaintiff
vs                                                   Gaming
Bartholomew Spence Defendant
Now at this day comes to be heard and considered the demurrer filed in this cause and all and singular the premises being seen and by the Court fully understood said demurrer is sustained. It is therefore considered by the Court that the State of Missouri take nothing by her said Bill of Indictment and that the Defendant be discharged hereof and go hence without day.

p 352.
State of Missouri Plaintiff
vs                                                   Gaming
George Padget Defendant
Now at this day comes the Circuit Attorney in this behalf for the State of Missouri and says 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 State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.

State of Missouri Plaintiff
vs                                                   Felonious Assault
Thomas Smith Defendant
Now at this day comes the Circuit Attorney in this behalf for the State of Missouri and says 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 State of Missouri take nothing by her said Suit and that the Defendant be discharged hereof and go hence without day.

State of Missouri Plaintiff
vs                                                  
James P. Dinkins Defendant
Now at this day comes the Circuit Attorney and moves the Court for an alias writ to Webster County which is by the Court ordered.

131
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.

p 353.
State of Missouri Plaintiff
vs                                                   Gaming
James Crisenberry Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf for the State of Missouri as well as the Defendant in his own proper person and by attorney they having announced themselves ready for trial. The said Defendant for a plea said he is not guilty and puts himself upon the country and the Circuit Attorney doth the like whereupon comes a Jury, to wit: R.S. Gott, Jabiz Owen, P.C. King, James Fankin, J.M. Barly, A.A. Howard,J.C.A. Wilson, and Jacob Porten twelve good and lawfull men who being duly elected tried and sworn to well and truly try the issue found after hearing the evidence and receiving the instructions of the Court retired to consider of their verdict and upon their oath aforesaid return into Court the following verdict, viz, "We the Jury find the Defendant guilty as he stands charged in the Indictment and assess as a punishment for the comm-ission of the offense a fine of fourteen dollars. L.A. Rountree, foreman." It is therefore considered by the Court that the State of Missouri have and recover of and from the Defendant the said sum of fourteen dollars her fine and also the costs of suit laid 0ut and expended from which execution may issue containing a capias clause.

p 354.
State of Missouri Plaintiff
vs                                                   Betting on Election
James Morrison Defendant
Now at this day comes the Circuit Attorney in this behalf for the State of Missouri and says 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 State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.

State of Missouri Plaintiff
vs                                                   Gaming
Jack Walker Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf for the State of Missouri as also the Defendant by Attorney who for a plea says he cannot deny but that he is guilty as charged in the Indictment and putS himself on the mercy of the Court. It is therefore considered by the Court that the Defendant be fined the sum of ten dollars for the commission of the offense. It is considered by the Court that the State of Missouri have and recover of and from the Defendant her said fine and also cost of suit laid out for which let execution issue containing a capias clause.

State of Missouri Plaintiff
vs                                                   Gaming
Martin G. May Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf for the State of Missouri as also the Defendant by attorney who for a plea says he cannot deny but that he is guilty as charged in the Indictment and puts himself on the mercy of the Court. It is therefore considered by the Court that the Defendant be fined the sum of ten dollars for the commission of the offense. It is considered by the Court that the State of Missouri have and recover of and from the Defendant her said fine and also cost of Suit laid out for which let execution issue containing a capias clause.

132
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
March Term 1856

p 355.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Jefferson Clayton Defendant
Now at this day comes the Defendant and by leave of the Court withdraws his demurrer in this cause and files his petition for a Change of Venue to Taney County verified by affidavit because Defendant believes he cannot have a fair trial in this Court owing to the prejudice of the inhabitants of Greene County against him which is by the Court granted. Wherein comes Abraham Woody and J.V. Wallace acknowledge themselves to owe and stand justly indebted unto the State of Missouri in the sum of $400 to be levied upon their respective goods and chattles lands and tenements to be void upon condition that Jefferson Clayton who has been indicted in the Circuit Court of Greene County for a Felonious Assault shall make his personal appearance before the Judge of the Circuit Court of Taney County at a Court to be holden and commenced at the Court House in the town of Forsythe on the third Monday of September 1856 and not depart from said Court without Leave.

State of Missouri Plaintiff
vs                                                   Betting on Election
Charles Stark Defendant
Now at this day comes the Circuit Attorney in this behalf for the State of Missouri and says 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 State of Missouri take nothing by her said Suit and that the Defendant be discharged hereof and go hence without day.

p 356.
State of Missouri Plaintiff
vs                                                   Felonious Assault
William Swift Defendant
Now at this day comes the Circuit Attorney in this behalf for the State of Missouri and says 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 State of Missouri take nothing by her said Suit and that the Defendant be discharged hereof and go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Isaiah Clayton Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as also the Defendant by Attorney who for a plea saith he is not guilty and puts himself on the Country and the Circuit Attorney doth the like whereupon comes a Jury, viz, Joseph Moss, W.D. Proctor, Jabes R. Townsend, P.C. King, James Potter, A.M. Julian, Randolph Moore, T.F. Blakey, Joseph Farrier, John Porter, J.A.C. Wilson and G.W. Mitchel twelve good and lawful men who being duly elected tried and sworn to well and truly try the issue joined after hearing the evidence, argument of counsel, and receiving the instructions of the Court, retire to consider of their verdict and again return into Court the following verdict "We the Jury find the Defendant not guilty as charged in the Indictment. A.H. Julian, foreman". It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.

133
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1856

p 357.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Jefferson Clayton Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and A. Woody, John T. Walker, M. Brant, Samuel Gardner, who acknowledge themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars each to be levied of their respective goods and chattles lands and tenements to be void upon condition that they appear before the Judge of the Taney County Circuit Court on the first day thereof on the third Monday in September, next, then and there to testify and the truth to speak in a cause where the State of Missouri is Plaintiff and Jefferson Clayton is Defendant and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Gaming
Garrett Maupin Defendant
Now at this day comes the Circuit Attorney in this behalf for the State of Missouri and says 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 State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.

State of Missouri Plaintiff
vs                                                   Gaming
Garrett Maupin Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf for the State of Missouri and also the Defendant who for a plea says he cannot deny but he is guilty as charged in the Indictment and puts himself upon the mercy of the Court. It is therefore ordered by the Court that the Defendant be fined the sum of ten dollars for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from the Defendant her said fine together with costs of suit laid out and expended for which let execution issue containing a capias clause.

p 358.
Now at this day comes the Grand Jury into Court and return the following Indictments:
State of Missouri vs ________ -- Felonious Assault
State of Missouri vs John W. Walker, James Crisenberry -- Sabbath Breaking
State of Missouri vs M.G. May -- Gaming
State of Missouri vs Isaac Yearry -- Gaming
State of Missouri vs Hurt Wilkerson -- Gaming
State of Missouri vs John Wilkerson -- Gaming
State of Missouri vs John Wilkerson -- Gaming
Which are ordered to be filed and capias to issue and the said Jury retire to further consider of their presentments.

Ordered by the Court that E.R. Clarke be permitted to sign the Roll of Attorney.
Ordered by the Court that N.F. Jones be permitted to sign the Roll of Attorneys.

James Murphy Plaintiff
vs                                                   Civil Action
Thomas M. Compton Defendant
Now at this day comes the Defendant by his attorney and by his attorney and by leave of the Court dismisses the suit and asks leave to withdraw the instrument filed on which is by the Court granted. It is therefore considered by the Court that the Plaintiff take
(Continued)

134
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1856

p 358 (continued)
nothing by his said writ and Defendant have and recover of and from the Plaintiff his cost laid out and expended for which let execution issue.

p 359.
G.B. Barrett et al EXPARTE
Petition for Partition
Now at this day comes John L. McCraw, Horace Snow and R.G. Abernathy who were appointed at the September Term 1855 to make partition of the Real Estate of Robert W. Simms, deceased, and by leave of the Court file their report as follows viz State of Missouri - County of Greene To the Hon. Judge of the Greene Circuit Court your Commissioners appointed to make partition of the lands belonging to the estate of Robert Sims, deceased, after being duly sworn to perform their duty according to Law proceeded to examine the lands belonging to said estate situate in Greene County Missouri, viz the N 1/2 of the SW 1/4 of SW 1/4 of Sect 6 TWP 30 Range 21 containing 191/4 acres.
the NW 1/4 of Sect 9 TWP 30 of Range 21 (except the NE 1/4 thereof) containing 120 acres.
the SE 1/4 of Sect 1 TWP 30 Range 22 containing 160 acres.
the W 1/2 of SE 1/4 of Sect 6 TWP 30 Range 21, containing 80 acres.
the W 1/2 of NW 1/4 of Sect 4 TWP 30 Range 21 containing 80.22 acres.
the S 1/2 of NE 1/4 of Lot One of the NE 1/4 of Sect I TWP 30 Range 22 W containing 80.34 acres.
the E 1/2 of SW 1/4 of Lot 1 of SW 1/4 of Sect 6 TWP 30 Range 21W containing 80 acres.
the W 1/2 of SW 1/4 of Sect 4 and the E 1/2 of SE 1/4 of Sect 5 TWP 30 Range 21W containing 160 acres.
the NW 1/4 of SW 1/4 of Sect 9 TWP 30 Range 21 W containing 40 acres.
the SW 1/4 of the SE 1/4 of SW 1/4 of Sec 4 TWP 30 Range 21W containing 80 acres
part of NE 1/4 of Section 5 TWP 30 Range 21W containing 22.42 acres
part of NE 1/4 of Sect 8 TWP 30 Range 21W containing 17.58 acres
the NE 1/4 of SW 3/4 of Sect 9 TWP 30 Range 21W containing 40 acres.
the NW 1/4 of Sect 7 TWP 30 Range 21W containing 120 acres
N 1/2 of W 1/2 of SW 1/4 of Section 6 TWP 30 Range 21W containing 38.76 acres and are of the opinion that said lands cannot be divided without great prejudice to those interested and would recommend a sale thereof and a division of the proceeds arising therefrom according to the respective rights of the parties interested therein, to wit: George Barrett and Francis S. Barrett his wife one eighth-Nathaniel Sims one eighth-Marcus L. Abernathy and Nancy Jane his wife one eighth-Mary M. Sims and Bennett P. Sims, James D. Sims and Sarah Sims, Archibald Sims infant heir of Archibald Sims, deceased, in rights of sts said deceased father by Pauline Sims, its mother, each one eighth part. All of which is respectfully submitted March 5, 1856.
J.L. McCraw
R.G. Abernathy
Horace Snow

And all and singular the premises being seen and by the Court fully understood the said report is by the Court received and approved and said Commissioners discharged. It is further considered ordered and decreed by the Court that the Sheriff of Greene County proceed to sell the said lands according to Law, some day during the sitting of the Greene Circuit Court at a Court to be holden at the Court House in the town of Spring ield on the first Monday in September 1856 on a credit of 12 months and distribute the proceeds of said sale of said real estate among the said heirs according to their respective shares as set forth in the report of said Commissioners.

135
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1856

p 360/361 Thursday March 6th
State of Missouri Plaintiff
vs                                                   Larceny
James Williams Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and the said James Williams being thrice solemnly called comes not but herein makes default and the said Daniel Chandler and Qualls Banfield being also thrice solemnly called and required to bring in the body of the said James Williams and they also thrice fail so to do wherefore the recognizance entered into by the said James Williams and Daniel Chandler and Qualls Banfield for his appearance at this Term of this Court to answer said Indictment has been forfeited. It is therefore ordered by the Court that the State of Missouri have and recover of and from the said James Williams and Daniel Chandler and Qualls Banfield the said sum of three hundred dollars the amount of said recognizance and that a writ of scira facias issue returnable on the first day of the next term of this court causing the said James Williams, Daniel Chandler and QuaIls Banfield to show cause why an execution should not issue herein.
p 361.

Ordered by the Court that J.M. Simmons be permitted to sign the Roll of Attorney.

p 362.
Now at this day comes the Grand Jury into Court and returned into Court the following
Bills of Indictment, viz -
State vs Tobias Batson -- Malicious Trespass
State vs Alfred Garrison -- Running match race
State vs Isom Huckley -- Running match race
State vs Daniel Garrison -- Gaming
State vs Martin G. May -- Selling Liquor Without License
State vs Hurt Wilkerson -- Gaming
State vs Hurt Wilkerson -- Gaming
State vs Hurt Wilkerson -- Gaming
And the said Jury return to further consider of their presentments and ordered that capiases issue on said indictments.

James M. Loren Plaintiff
vs                                                   Civil Action
A. Lunham and Qualls Banfield Defendants
Now at this day comes the Plaintiff by attorney and by leave of the Court dismisses this cause. It is therefore considered by the Court that the Plaintiff take nothing by his suit and the Defendant have and recover of and from the Plaintiff his costs laid out and expended for which let execution issue.

p 362/363
W.R. Horn Admin of C. Horn, deceased Plaintiff
vs                                                   On Attachment Bond
John R. Weaver ext. of
John Weaver, deceased Defendant
Now at this day come the parties by their attorneys and having announced themselves ready for trial thereupon came a Jury, viz - James Faulkner, Jacob Baughman, James Moss, J.M. Bailey, James P. Gray, Jesse A. Woods, L.A.D. Crenshaw, T.G. Newbill, Edward Moore, R.P. Faulkner, Thomas D. Childers and J.H. Akin who being duly elected tried and sworn to well and truly try the issue found after hearing the evidence retired to consider of
their verdict and again returned in to Court the following verdict "We the Jury find the issue for the Plaintiff and assess his damages to one hundred dollars, R.P. Faulkner, foreman." It is therefore considered by the Court that the Plaintiff have and recover
(continued)

136
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1856

p 362/363 (continued)
of and from the Defendant the said sum of one hundred dollars together with his costs laid out and expended for all of which let execution issue.

p 363.
State of Missouri Plaintiff
vs                                                   Malicious Mischief
Tobias Batson Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri as also the said Defendant in his own proper person and the said Tobias Batson and A.H. Hood acknowledged themselves to owe and stand justly indebted unto the State of Missouri in the sum of three hundred dollars to be levied of their respective goods and chattles lands and tenements to be void upon condition that the said Tobias Batson who has been indicted for malicious mischief shall make his personal appearance before the Judge of our Greene Circuit Court at a Court to be holden at the Court House in the town of Springfield on the first Monday in September, next, and answer to said Indictment and not depart said Court without leave.

p 364.
William B. Farmer Plaintiff
vs                                                   Appeal From J.P.
Peter Apperson Defendant
Now at this day comes the Plaintiff by his attorney and says he will not further prosecute his said appeal but will suffer the same to be dismissed. It is therefore considered by the Court that the Plaintiff take nothing by his said appeal and that the Defendant be discharged hereof.

Friday March 7th 1856

State of Missouri Plaintiff
vs                                                   Running Match Race on Public Road
Alfred Garrison Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and also the Defendant in his own proper person who for a plea says he cannot deny but he is guilty as he stands charged in the Indictment and puts himself on the mercy of the Court. It is ordered by the Court that the Defendant be fined in the sum of five dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her said fine together with her costs laid out and expended for which let execution issue containing a capias clause.

p 365.

State of Missouri Plaintiff
vs                                                   False Pretenses
A. Lanham and QuaIls Banfield Defendants
Now at this day comes the Defendants by their attorney and by leave of the Court filed their demurrer in this cause and all and singular the premises being seen and fully understood by the Court it is considered by the Court that said Demurrer be sustained.

State of Mtssouri Plaintiff
vs                                                   False Pretenses
Lanham and Banfield Defendants
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and files his bill of exceptions in this cause and prays an appeal to the Supreme Court which is by the Court granted.

137
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1856

p 365/366
B.W. Cannefax Plaintiff
vs                                                   Civil Action
L.A.D. Crenshaw Defendant
Now at this day the motion for the Court to order the Sheriff to return the execution in this cause and quash the same to be heard and all and singular the premises being seen and by the Court fully understood the said motion is sustained. It is therefore ordered by the Court that the Sheriff return to the Clerk of this Court the said execution and that the same be quashed.

p. 366.
State of Missouri Plaintiff
vs                                                   Larceny
James Williams Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and says that he will not further prosecute her said 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 bill of indictment and the Defendant be discharged
hereof and go hence without day.

Alexander Wiley Plaintiff
vs                                                   Civil Action
Spencer Hooper, et al Defendant
Now at this day comes the parties in this cause by attornies and on motion Joseph Moss, William Blakey, Sally Blakey, R.J. McElhaney, guardian ad litem for Catherine Hooper, Charles Hooper and Lodalphus Hooper, infant defendants in this cause and they are ordered to answer sixty days before the next term of this Court and ordered that the next term be the trial term.

p 367. Saturday March 8th 1856.
This page - causes continued in cases of:
Crenshaw vs Carthal
Page vs Boyd
Bedford vs P.R. & D.C. Smith
Potter, et al vs Sharpenstein.

p 368.
Caswell S. Williams Plaintiff
vs                                                   Civil Action
Thomas Tiller Adm. Defendant
Now at this day comes this cause on to be heard and the said Plaintiff failing to appear and prosecute his said suit the same is by the Court Dismissed. It is therefore considered by the Court that the said Plaintiff take nothing by his said suit and that the said Defendant have and recover of and from the Plaintiff his costs laid out and expended for which let execution issue.

p 369-nil

p 370
James M. Russell Plaintiff
vs                                                   Civil Action. Appeal From J.P.
Robert S. Moore Defendant
Now at this day comes the parties by their attorney and neither party requiring a Jury said cause is submitted to the Court and the demand being founded on an instrument of writing purporting to be signed by the Defendant for work and labor to wit for breaking of 8 acres of land and the Court hearing the evidence as to the value of the said
(continued)

138
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1856

p 370(continued)
breaking as also the evidence introduced by the Defendant and Plaintiff as to the off Set of the Defendant do find the issues for the Plaintiff and assess his damages to the sum of twenty four dollars. Wherefore it is considered by the Court that the said Plaintiff have and recover of and from the said Defendant and Robert M. Cloud security in the appeal bond the aforesaid sum of twenty four dollars together with the costs and charges in the suit laid out and expended for all of which let execution issue.

p 371.
State of Missouri Plaintiff
vs                                                   False Pretenses
A. Lanham and T. Banfield Defendants
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and by leave of the Court A. Lanham, one of the Defendants and his security Homer Snow are discharged of their recognizance in this cause. It is therefore considered by the Court that the said Lanham and Howard Snow his security are hereof discharged of their said recognizance.

Samuel Fulbright Sheriff
to                                                   Deed
A.M. Huff
This day comes Samuel Fulbright who is known to the Court to be the person whose signature appears to an instrument of writing purporting to be a Sheriff's Deed to A.M. Huff for the following described lands, viz: NE 1/4 of Sect 8 TWP 30 of Range 20. E 1/2 of SE 1/2 of Sect 5 TWP 30 Range 20, also E 1/2 of NE 1/4 Sect. 21 TWP 21 Range 19. SW 1/2 of NW 1/4 of Sect 22 TWP 31 Range 19. E 1/2 of NW 1/4 of Sect 22 TWP 31 Range 19 and he being also known to the Court as the Sheriff of Greene County acknowledged the same to be his act and deed for the purposes therein mentioned.

p 372. Monday March 10th 1856
William Fulbright Plaintiff
vs                                                   Civil Action by Attachment
Wm. M. Weaver Defendant
Now at this day comes the said Plaintiff by his attorney and shows to the Court that he has commanded a Suit in petition in debt by attachment in the Greere Circuit Court against the said Defendant and his property and the said Defendant not having been summoned and his property and effects having been attached by the Sheriff of Greene and the said Defendant not having appeared and answered the action at the return Term of the writ and within the first six days thereof. It is therefore ordered by the Court that the Defendant be notified by publication in a weekly newspaper published in the State of Missouri four weeks successively the last insertion to be at least four weeks before the commencement of the next term of this Court that the said Suit in petition in Debt by Attachment has been commenced against him on two promissory notes which the Plaintiff has paid as his, the said defendants security, amounting to the sum of $843.87 and that his property has been attached to satisfy the same and that unless he be and appear at the next Term of this Court on or before the third day then of which commences on the first Monday in September 1856 Judgment will be rendered against him and his property sold to satisfy the same.

p 373 - Divorce - previously published

139
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1856

p 374.
John Dixon Plaintiff
vs                                                   Civil Action
John McHenry Defendant
Now at this day comes the Plaintiff by his attorney and the said Defendant being thrice solemnly called comes not but makes default and it appearing to the satisfaction of the Court that Defendant had been duly notified by publication in a weekly newspaper published in the State for four weeks successively the last insertion at least four weeks before the commencement of this term of the Court and the demand being founded on an instrument of writing purporting to be signed by the Defendant and the amount ascertained thereby and the said Defendant neither pleading answering or demurring the same is taken as confessed and the Court does therefore consider that Judgment go against the said Defendant for the sum of three hundred dollars Debt and also the sum of twenty dollars damages by reason of the detention of the same together with his costs laid out and expended for all of which let execution issue.

p 375.
Anderson Johnson Plaintiff
vs                                                   Civil Action
John McHenry Defendant
Now at this day comes the Plaintiff by his attorney and the Defendant being thrice solemnly called comes not but makes default. It is therefore considered by the Court that the Plaintiff take Judgment against said Defendant by default and that an enquiry of damages be awarded in this cause.

p 376.
Samuel Fulbright, Sheriff
Deed to
M.C. Aldridge
Now at this day comes Samuel Fulbright who is known to the Court to be the Sheriff of Greene County and the person whose name appears on an instrument of writing purporting to be a Sheriff's Deed to M.C. Aldridge for the following described land, viz-the NE 1/4 of the NE 1/4 of Sect 30 TWP 30 Range 19 and the said Samuel Fulbright, Sheriff as aforesaid, acknowledged that he executed and delivered the same as his voluntary act and deed for the purposes therein contained.

p 376/377
Samuel Fulbright, Sheriff
to Deed
C.W. Huff
Now at this day comes Samuel Fulbright who is known to the Court as the Sheriff of Greene County and the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to C.W. Huff for the following described lot tract or parcel of land, viz: the NW 1/4 of SE 1/4 of Sect 5 and the SW 1/4 of NE 1/4 of Sect 5 TWP 30 Range 20 and SW 1/4 of SE and E 1/2 SE 1/4 of Sect 32, SW 1/4 of Sec 33 SW 3/4 of SE Sec 33 all in TWP 31 Range 20, also a strip off of the N side of NW 1/4 of Sec 4 a small corner off the NE 1/4 of Sec 4 in TWP 30 Range 20 and the said Samuel Fulbright acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

p 377.
Samuel Fulbright, Sheriff
to Deed
William A. Huff
(continued)

140
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
March Term 1856

p 377 (continued)
Now at this day comes Samuel Fulbright, Sheriff, who is known to the Court as the Sheriff of Greene County and the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to William A. Huff for the following described tract or parcel of land, viz: E 1/2 of SW 1/4 of Sect 5 TWP 30 of Range 20 and the said Samuel Fulbright acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

Samuel Fulbright, Sheriff
to Deed
William Holden
Now at this day comes Samuel Fulbright, Sheriff who is known to the Court as the Sheriff of Greene County and the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to William Holden for the following described land viz: SE 1/4 of NW 1/4 of Sect 8 and NE 1/4 of SW 1/4 of Sect 8 TWP 30 Range 20 and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

p 378- errored entry.

p 379. Tuesday March 11, 1856.
Louisa T. Campbell Plaintiff
vs                                                   Civil Action
Samuel M. Sproule Defendant
Now at this day comes the parties by their attorneys and by agreement of parties leave is given Plaintiff to amend his petition so much as to make exhibits and Defendant to plead 90 days from this term of this Court and the cause continued until next term.

p 380.
David Jayne Plaintiff
vs                                                   Civil Action
Thomas G. White Defendant
Now at this day comes the Plaintiff by attorney and files his petition verified by affidavit and also the Defendant who acknowledges himself indebted unto Plaintiff in the sum of $331.62 debt and also $5.51 damages and the said Defendant confesses judgment in favor of said Plaintiff for said amount. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant the said sum of $331.62 for his debt and also the sum of $5.51 his damages together with costs of suit laid out and expended for all of which let execution issue.

p 381.
G.W. Sloan and Weaver Plaintiffs
vs                                                   Civil Action on Appeal J.P.
William Jamison Defendant
Now at this day comes the parties by their attorneys and having announced themselves ready for trial thereupon came a Jury, to wit: E.R. Fulbright, E.P. Gott, W.H. Blakey, W.S. Wilks, P.H. Lamb, N.R. Smith, W.L. Herrington, Gibson Hardin, Reuben Rose, B.W. Cannefax, Samuel Miller and John H. Miller, twelve good and lawful men who being duly elected tried and sworn to well and truly try the issue joined. After hearing the evidence and instructions of the Court comes the Plaintiff and says he will not take a non-suit in this cause. It is therefore considered by the Court that the Plaintiff take nothing by his said suit and that the Defendant have his costs laid out and expended for all of which let execution issue.

141
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1856

p 381
Ephraim Kepley Plaintiff
vs                                                  
David Mooney and B.G. Sims Defendants
Now at this day comes the Plaintiff by his attorney and the said Defendants being thrice solemnly called comes not but makes default and the demand being founded on an instrument of writing purporting to be signed by the Defendants and the amount ascertained. Thereby the Court doth find that the said Defendant is indebted to said Plaintiff in the sum of $600 debt and also the sum of $17 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the aforesaid debt, damage and costs of suit laid out and expended for all of which let execution issue.

Pages 382 & 383 blank.

p 384/385.
D.D. Berry et al EXPARTE
Petition for Partition
Now at this day comes the petitioners Abner Taylor and Louisa his wife, Isaac Taylor in their own right and Laura Taylor, Mary C. Taylor, Thomas Taylor and Clarissa Taylor, minor heirs of Clarissa Taylor, deceased, by their guardian, Andrew Taylor William C. Cannon and Catherine his wife, Caroline West, Leonadas Campbell and Elizabeth his wife, Joseph S. Moss and Clarissa his wife, and Laura Berry in their own right, John T. Berry,
William B. Berry, Daniel D. Berry, Olivia Berry, Mary E. Berry and Louisa M. Berry minor heirs of Olivia Berry deceased, by Daniel D. Berry their father and natural guardian Daniel D. Berry, J.J. Polk, Thomas M. Polk, Wardlow Howard and Mary his wife, Joseph Kent and Sarah his wife heirs and distributes of William Polk, deceased, by their attorney and shows to the Court hereby their petition verified by affidavit that all parties in interest have signed a petition for the partition of the following described real estate belonging to the estate of William Polk, deceased, and situate in Greene County in the State of Missouri, vis: the S 1/2 of Sect 14, W 1/2 of SW 1/4 of Sect 13, W 1/2 of NW 1/4 of Sect 24, W 1/2 of SW 1/4 of Sect 24, and E 1/2 of NW 1/4 of Sect 25 all in TWP 30 Range 24 W containing in all 640 acres. And it appearing to the satisfaction of the Court from the affidavit to the truth of the facts set forth in said petition that partition in kind of said land cannot be made without great prejudice to those interested therein. And the Court further finds that Daniel D. Berry is owner by right of purchase of seven-eighths of said lands, to wit: the interest of Abner Taylor and Laura his wife one-eighth, Isaac Taylor, James Taylor, Mary C. Taylor, Thomas Taylor and Clarissa Taylor, heirs of Clarissa Taylor, deceased, each one-fifth of an eighth, William C. Cannon and Catherine his wife and Caroline West one-eighth, J.J. Polk one-eighth, Thomas M. Polk one-eighth, Wardlow Howard and Mary his wife one-eighth, Joseph Kent and Sarah his wife one-eighth. And all and singular the premises being seen and by the Court fully understood. It is ordered adjudged and decreed that a sale of said land be made at the Court House door in the city of Springfield, in said county on the first day of the next term of the Greene Circuit Court to be began and held in said county on the first Monday in September 1856 by the Sheriff of said County at public auction while the said Court is in session for cash in hand after giving the notice required by Law, and that the proceeds arising from said sale be divided among those interested according to their respective rights as shown in said petition, to wit: to Daniel D. Berry the interest of Abner Taylor and Laura his wife, one-eighth, Isaac Taylor, Laura Taylor, Mary C. Taylor, Thomas Taylor, and Clarissa Taylor, heirs of Clarissa Taylor, deceased, each one-fifth of one-eighth, William Polk and Catherine Polk his wife and Carolyn West one-eighth, J.J. Polk one-eighth, Warren Howard and Mary his wife one-eighth and Joseph Kent and Sarah his wife one-eighth, and unto Leonardas
(continued)

142
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1856

p 384/385 cont.
Campbell and Elizabeth his wife, Joseph S. Moss and Clarissa his wife, Laura Berry, John T. Berry, William B. Berry, Daniel D. Berry, Olivia Berry, Mary E. Berry, Louisa Berry heirs of Olivia Berry, deceased, respectively one-ninth of one-eighth.

p 386. Wednesday March 12, 1856.
Samuel Fulbright, Sheriff
To Deed
B.R. Aldridge
Now at this day comes Samuel Fulbright who is known to the Court as the Sheriff of Greene County and the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to Bedford R. Aldridge for the following described real estate, viz: the W 1/2 of the SE 1/4 of Sect 19 TWP 30 of Range 19 containing 80 acres and the said Samuel Fulbrtght acknowledged the same to be his act and -deed for the uses and purposes therein contained.

p 387/388.
John Yarbrough, Martha Yarbrough
by William H. Blakey, their guardian Plaintiffs
vs                                                Petition to Correct Mistake and Decree Title
Moses Holloway and Nathan F. Baffle Defendants
Now at this day comes the said John Yarbrough and Martha Yarbrough who are infants under the age of twentyone years by William H. Blakey their guardian and this cause coming on to be heard and it being proved to the satisfaction of the Court that said Defendants Moses Holloway and Nathan F. Baffle have been duly notified of the pending suit and the nature thereof persuant to Law by a publication in the SPRINGFIELD ADVERTISER a weekly newspaper published and printed in Springfield in the County of Greene and State of Missouri and said Defendants being both solemnly called but come n0t but herein make default nor have they or either of them demurred to or answered said petition whereby said petition remains undefuded and judgment ought to be rendered against them for want of an answer. And no Jury being required this cause is submitted to the Court for trial and ascertainment of the facts. And thereupon the Court doth find from the evidence adduced and of the exhibits in this cause that the said Moses Holloway duly assigned the said land warrant No 12012 to said Ambrose C. Yarbrough and to him exclusively and not or any part thereof to said Nathan F. Baffle whose name was inserted by mistake and thatsaid Nathan P. Baffle is n0t nor has he ever been entitled to the same or any interesttherein that the said Military Land Warrant No 12012 was located by the said Ambrose L. Yarbrough at the Land Office at Greene County in the State of Missouri upon the SW 1/4 of the NE 1/4 and the SE 1/4 of the NW 1/4 of Sect 15 in TWP 28 Range 22 containing 80 acres. And the said Ambrose L. Yarbrough has since departed this life intestate leaving the said John Yarbrough and Martha Yarbrough his only children and only legal heirs and representatives and that they are justly entitled to said Military Land Warrant and said real estate upon which said Warrant and said real estate upon which said Warrant was located as aforesaid. It is therefore ordered adjudged and decreed by the Court that all the right title interest and claim of the said Nathan F. Baffle in or to said Land Warrant and said lands be divested out of him both in Law and Equity and that all the right title claim and interest of in and to said Military Land Warrant No 12012 and of in and to said lands be vested in the said John Yarbrough and Martha A. Yarbrough as the only heirs and legal representatives of the said Ambrose L. Yarbrough, deceased, and it is hereby adjudged and decreed that all the right title interest and claim be and is hereby adjudged and decreed that all the right title interest and claim be and is hereby vested in said John Yarbrough and Martha A Yarbrough fully and completely.

143
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1856

p 388/389.
State of Missouri Plaintiff
vs                                                   Forgery
James Sage Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri and also the Defendant James Sage, Morgan Sage and John Sage who acknowledge themselves to owe and stand justly indebted unto the State of Missouri in the full sum of $400 each to be levied on their respective goods and chattles, lands and tenements to be void upon condition the said James Sage shall make his personal appearance before the Judge of our Greene Circuit Court to be holden at the Court House in the town of Springfield on the first Monday in September 1856 on first day thereof to answer to a Bill of Indictment for Forgery preferred against him by the Grand Jury of said County of Greene and not depart said Court without leave.

p 389.
Now at this day comes the Grand Jury into Court and return into Court the following Bills of Indictment:
State vs D.C. Oakley Selling Liquor Without License.
State vs B.G. Andrews Sabbath Breaking
State vs Reese Gott Gaming
State vs M.G. May Selling Liquor Without License
State vs John A. Stephens Selling Liquor Without License
State vs Thomas Frazier Selling Liquor Without License
State vs Mitchel M. Carty Selling Liquor Without License
State vs Peyton Nowlin Selling Liquor Without License
State vs McGuodor Tanehill Selling Liquor Without License
State vs Peter J. Anderson Selling Liquor Without License
State vs Isaac Clayton Selling Liquor Without License
State vs Robert Moore & J.W. Walker Gaming
State vs John W. Walker Gaming
Which were ordered to be filed and capiases to issue and the Circuit Attorney announcing no further business for the Grand Jury, they were by the court discharged.

p 390 - nil

p 391.
State of Missouri Plaintiff
vs                                                   Sabbath Breaking
E.G. Andrews Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as also the Defendant who for a plea says he cannot deny but he is guilty as he stands charged in the Indictment and puts himself upon the mercy of the Court. The Court orders the Defendant to be fined the sum of one dollar for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of the Defendant her said fine and also her costs laid out and expended for all of which let execution issue containing a capias clause,

State of Missouri Plaintiff
vs                                                   Selling Liquor Without A License.
John A. Stephens Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as also the Defendant John A. Stephens and P.H. Edwards who acknowledged themselves to owe and stand justly indebted to the State of Missouri $100 to be levied of their goods and chattles lands and tenements to be void upon condition that the said
(continued)

144
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
MARCH TERM 1856

p 391 (cont.)
John A. Stephens shall make his personal appearance before the Judge of our Greene Circuit Court to be holden in the Court House in Springfield on the first Monday in September 1856 on the first day thereof and answer to an Indictment against him for Selling Liquor Without a License and not depart said Court without leave.

Samuel Fulbright, Sheriff
to Deed
M.L. Button & M. Garroutte
Now at this day comes Samuel Fulbright who is known to the Court as the Sheriff of Greene County and the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to M.L. Button and M. Garroutte for the following described tract of land NW 1/4 of NE Sect 4 TWP 28 Range 24 and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

p 392 In Vacation May 27, 1856.
John R. Weaver, Executor
John Weaver
vs                                                   Civil Action
W.R. Horn, Admin of Caleb Horn, Deceased
Now at this day comes the Plaintiff before the Clerk in Vacation and dismisses this cause and says he will not further prosecute said suit. It is therefore considered bythe Clerk in Vacation that the Plaintiff take nothing by his said Suit and that Defendants be discharged hereof and have and recover of and from Plaintiff his costs laid out and expended for which let execution issue.

p 393.
B.D. Dodson Plaintiff
vs                                                   Civil Action
R.P. Haden Defendant
Now at this day comes the Plaintiff before the Clerk in Vacation and dismisses this cause and says he will not further prosecute said suit. It is therefore considered by the Clerk in Vacation that the Plaintiff take nothing by his said Suit and that Defendant be discharged hereof and have and recover of and from Plaintiff his costs laid out and expended for which let execution issue.

145

Table of Contents