Abstract of Circuit Court Record Books 1840 - 1845

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

November Term 1844.
Book C.

p 1. Monday morning 18 November Court met persuant to adjournment - Present, the Hon. Charles S. Yancey Judge, Thomas B. Neaves Sheriff and Joshua Davis Clerk.

This day came Thomas B. Neaves Sheriff within and for Greene County and returns here in Court the venire to summon a Grand Jury with a panel thereon endorsed as follows to wit: James Dollison foreman, Thomas J. Hodges 2. Alexander C. Owen 3. John J. Shepherd 4. Michael Welch 5. Jesse H. Kelley 6. Joseph Trentham 7. Samuel McClelland 8. Robert Beatie 9. Thomas Ellison 10. Robert Wisener 11. Caleb Headlee 12. Ephraim Clark 13. Andrew Bass 14. David Bedell 15. John Harkness 16. and A.C. Austin 17, seventeen good-and lawful men elected tried and sworn received a charge and retired to consider of their presentments.

121
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1844.

p 1. Ordered by the Court here that John C. Price be and he is hereby appointed Prosecuting Attorney Protem for the present term of this Court who took the oath of office prescribed by Law.

Thomas J. Dye Plaintiff
vs                                                   Appeal J.P.
Nathan Abernathy Defendant
This day came the parties by their respective attorneys and the said Defendant says he will no further prosecute his said Appeal and the demand being founded upon an instrument of writing the Court finds that the Defendant owes and is indebted to the Plaintiff in the sum of $81 debt and $12 damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant and Thomas R. Griffin his security in the Appeal Bond aforesaid debt and damages, together with his costs in this behalf laid out and expended-for all of which execution may issue.

p 2.
State of Missouri Plaintiff
vs                                                   Sabbath Breaking
Conrad Hospes Defendant
This day came the Defendant in this cause and the Circuit Attorney who prosecutes in behalf of the State of Missouri, being also present, who says he will no further prosecute his said suit but suffers the same to be dismissed. It is therefore considered by the Court that she take nothing by her said Writ and that the said Defendant be discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Sabbath Breaking
Lewis Hospes Defendant
This day came the Defendant in this cause and the Circuit Attorney who prosecutes in behalf of the State of Missouri, being also present, who says he will no further prosecute his said suit but suffers the same to be dismissed. It is therefore considered by the Court that she take nothing by her said writ and that the said Defendant be discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Sabbath Breaking
William Hospes Defendant
This day came the Defendant in this cause and the Circuit Attorney who prosecutes in behalf of the State of Missouri, being also present, who says he will no further prosecute his said suit but suffers the same to be dismissed. It is therefore considered by the Court that she take nothing by her said Writ and that the said Defendant be di charged and go hence without day.

State of Missouri Plaintiff
vs                                                   Trespass
Joseph Hall Defendant
This day came the Defendant in his own proper person the Prosecuting Attorney who prosecutes in behalf of the State of Missouri being also present and the said Defendant for a plea says he is not guilty and puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: William Foldin 1. John McElhannon 2. Abner Dabbs 3. James Bealer 4. Wilson Edwards 5. Edward Moore 6. William Gray 7. Duke Kimbrough 8. J.P.C. Langston 9. Marcus Boyd 10. F.S. Coleman 11. Richard M. Jones 12, twelve good and lawful men, elected tried and sworn after hearing the testimony in said cause returned into Court the following verdict" We the Jury find the Defendant guilty as charged in the said indictment and assess the fine at $5." It is therefore
(continued)

122
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1844

p 2 (continued.)
considered by the Court that the said State of Missouri have and recover of and from the said Joseph Hall the said sum of $5 for her damages together with her costs in this behalf expended for all of which execution may issue.

p 3.
State of Missouri Plaintiff
vs                                                   Trespass
James Downey Defendant
This day came the Prosecuting attorney who prosecutes in behalf of the State of Missouri and says he will no further prosecute his said suit but suffers the same to be dismissed. It is therefore considered by the Court that the said State of Missouri take nothing by her said Writ and that the said Defendant go hence without day.

p 4. nil.

p 5.
State of Missouri Plaintiff
vs                                                   Selling liquor
John Hoover Defendant
This day came the Defendant by his attorney and by leave of the Court filed his motion and after deliberation had thereon it is considered by the Court that said motion be sustained by the Court.

Mary, person of color Plaintiff
vs                                                   Freedom
William T. Buffard Defendant
This day came the Plaintiff by her Attorney and says she will no further prosecute her said suit but suffers the same to be dismissed. It is therefore considered by the Court that she take nothing by her said suit.

p 6.
William Andres Plaintiff
vs                                                   Appeal J.P.
Robert Wills et al Defendants
This day came the parties by their respective attorneys and neither party requiring a Jury and the demand being founded on an instrument of writing and the amount being ascertained thereby, the Court do find that the said Defendants owes and is indebted to the said Plaintiff in the sum of $22.62 for his debt and damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants, Robert Wills and William H. Sims and John R. Sturdevant and John Murray their security in the appeal bond the aforesaid sum of $22.62 for their debt and damages together with his costs in this behalf expended for all of which execution may issue.

John Young Plaintiff
vs                                                   Petition in Debt
Constantine Perkins and
Christopher McElhannon Defendants
This day came the parties by their attorneys and neither party requiring a Jury the demand being founded on an instrument of writing and the amount ascertained thereby, the Court do find that the said Defendants owe and are indebted to the Plaintiff in the sum of $77.811/4. It is therefore considered by the Court that the said Plaintiff have and recover of and from said Defendants the aforesaid $77.811/4 debt and damages together with his costs in this behalf expended for all of which execution may issue.

123
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1844

p 6.
Sarah & J.G. Lock, adms Plaintiffs
vs                                                   Appeal J.P.
Peter Apperson Jr & Joseph Burd Defendants
This day came the parties by their attorneys and neither party requiring a Jury, the demand being founded on an instrument of writing, and the amount being ascertained. Thereby the Court do find that the said Defendants owes and is indebted to the said Plaintiffs in the sum of $23 debt and damages. It is therefore considered by the Court that John W. Dagen the security in the Appeal Bond the aforesaid debt and damages together with their costs in this behalf laid out and expended for all of which execution may issue.

p 7.
John Smith Plaintiff
vs                                                   Petition in Debt
James Lee Defendant
This day came the Plaintiff by his attorney and the Defendant having been three times solemnly called came not but makes default and the demand being founded on an instrument of writing and the amount being ascertained thereby, the Court do find that the said Defendant owes and is indebted to the said Plaintiff in the sum of $406.87 debt and $81.71 damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid debt and damages together with his costs in this behalf laid out and expended for all of which execution may issue.

John A. Bell Plaintiff
vs                                                   Petition in Debt
Joseph Crutchfield Defendant
This day came the Plaintiff by his attorney and says he will no further prosecute his said suit but suffers the same to be dismissed. It is therefore considered by the Court that the said Defendant go hence without day and leave is hereby given to the said Plaintiff to withdraw the instrument sued on. And it is further considered by the Court that the said Defendant have and recover of and from the said Plaintiff his costs in this behalf expended for all of which execution may issue.

p 8.
John Adams Plaintiff
vs                                                   Appeal
John S. Wills and Robert Wills Defendants
This day came the parties by their attorneys and neither party requiring a Jury the demand being founded on an instrument of writing and the amount ascertained thereby, the Court do find that the said Defendants owes and is indebted to the Plaintiff in the sum of $125 for his debt and $14.18 damages. It is therefore considered by the Court that the said Plaintiff have and recover of said defendants and Zechariah Sims their security in the appeal bond the aforesaid debt and damages together with his costs in this behalf expended for all of which execution may issue.

Maxwell Davis Plaintiff
vs                                                   Trespass
J.C. Price et al Defendants
This day came the parties by their attorneys and by leave of the Court files the motion to suffer the plaintiff to sue as a poor person was taken up and after deliberation his said motion is sustained by the Court.

124
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1844.

p 9. nil

p 10.
This day came Edward Moore and Nancy Moore his wife as also James Preston Phillips, minor heir of John Phillips dec'd by his guardian Edward Moore and the service of said petition and notice thereof being acknowledged and all exceptions to the time of the service thereof being waived inn Open Court and the said James Preston Phillips by his said Guardian saying nothing nor can he say anything why Judgment of Partition should not be rendered according to the prayer of said Petiti0n that is to say the NorthEast 1/4 of Section 4 Township No. 28 Range No. 22 and the South 1/2 of lot No. 1. NorthWest fractional 1/4 of Section No. 19 Township No. 28 Range No. 22 was devised by the said John Phillips dec'd in his lifetime by will bearing date July 24th 1843 to the said Nancy Moore who was then his wife and to the said James Preston Phillips his minor child, that is to say his said wife Nancy Phillips, now Nancy Moore, to hold and possess during her natural life or widowhood and if she should marry before the said James Preston Phillips should arrive at lawful age, then 1/2 thereof to be set apart to said James Preston Phillips and it appearing also to the Court that the said Nancy has since that time intermarried with said Edward Moore and Nancy his wife is entitled by virtue of said will to 1/2 of said real estate, and the said James Preston Phillips is entitled to the other 1/2 thereof. Therefore it is considered by the Court that the said real estate so vested as aforesaid be aparted and set off according to the respective rights of those specified in said petition. And it is also ordered that William Townsend, Kindred Rose, Junius M. Rountree and Jonathan Carthel freeholders, citizens of Greene County be and they are hereby appointed commissioners to make partition as aforesaid according to the respective rights of the parties and make report thereof at the present term of this Court.

p 11.
David Stuart Plaintiff
vs                                                   Trespass
John H. Hight et al Defendants
This day came the Plaintiff by his attorney and says he will no further prosecute his said suit but voluntarily suffers the same to be dismissed. It is therefore considered by the Court that he take nothing by his said Writ and that the Defendants have of and from said Plaintiff their costs expended for all of which execution may issue.

John Stuart Plaintiff
vs                                                   Trespass
John H. Hight et al Defendants
This day came the Plaintiff by his attorney and says he will no further prosecute his said suit but voluntarily suffers the same to be dismissed. It is therefore considered by the Court that he take nothing by his said Writ and that the Defendants have of and from said Plaintiff their costs expended for all of which execution may issue.

p 12.
N.R. Smith Plaintiff
vs                                                   Appeal
Jno. L. Phelps Defendant
This day came the Plaintiff by his attorney and says he will no further prosecute his said suit but suffers the same to be dismissed. It is therefore considered by the Court that he have nothing by his said Writ and that he have leave to withdraw the instrument sued on and that the Defendant have of and from the said Plaintiff his costs in this behalf expended for all of which execution may issue.

p 13.
Joshua Jones Plaintiff
vs                                                   Appeal
Ragland Langston and
Mangrain E. Langston Defendants
(continued)

125
GREENE COUN'lY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1844

p 13 (continued)
This day came the Plaintiff by his attorney and the Defendants having been three times solemnly called, came not but makes default, and the demand being founded on an instrument of writing and the amount ascertained thereby, the Court do find that the said Defendants owe and are indebted to the said Plaintiff in the sum of $69.60 for his debt and $20.12 damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants and J.P.C. Langston, their security in the appeal bond, the aforesaid debt and damages together with their costs in this behalf laid out and expended for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Selling Liquor
John Hoover Defendant
This day came John C. Rice who prosecutes in behalf of the State of Missouri and by leave of the Court files his motion to set aside and vacate the order arresting the Judgment in said cause.

p 14.
John Lair Plaintiff
vs                                                   Trover
William Folden Defendant
This day came the parties by their attorneys and thereupon came a Jury, to wit: N.R. Smith 1. John Kimbrough 2. William McFarland 3. Elijah Gray 4. D.D. Berry 5. R.P. Haden 6. Benj. Shockley 7. Tolbert Bass 8. Thomas Daving 9. Abner Dabbs 10. Eli Ussery 11. Samuel Rice 12, twelve good and lawful men elected tried and sworn, and after hearing the evidence returned in to Court the following verdict "We the Jury find the Defendant guilty in manner and form as charged in said Declaration and assess the damages at $60. It is therefore considered by the Court that the said Plaintiff have and recover of and from said Defendant the aforesaid sum of $60 together with his costs in this behalf laid out and expended for all of which execution may issue.

This day came the Grand Jury and returned here into Court the following Bills of Indictment, each signed by James Dollison as foreman true bills - to wit - one against John Kirk for retailing spirits, not having a license in force one against Benjamin Goodwin for bigamy. And having no further business before them were discharged by the Court.

p 15.
Constantine Perkins Complainant
vs                                                   In Chancery
Jerome G. Hammond Defendant
This day came the complainant by his solicitor who having heretofore filed his bill of complaint herein, and it appearing to the satisfaction of the Court that the said Defendant is a non-resident of this State, it is therefore ordered by the Court as it has heretofore been, that the said Jerome G. Hammond be notified that the said complainant Constantine Perkins has commenced his suit against him by filing his Bill of Complaint against him in which among other things he states and alleges that he was possessed of his own right in fee simple of a tract of land situate in the county of Greene and State of Missouri and known and designated as the West 1/2 of the SouthWest 1/4 of Section No. 4 of Township No. 30 of Range No. 24 containing 80 acres, and being so possessed of said land on the 6th day of August A.D. 1841 in order to indemnify the said Jerome G. Hammond as the security of the said Complainant and Benjamin Howard Boone and William Cawlfield in a bond that said Complainant would release the said Boone and Cawlfield as his prior security in a Bond before that time given to the State of Missouri as the Guardian of
(continued)

126
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C
November Term 1844

p 15 (continued)
Samuel R. Trousdale, a minor. The said Complainant conveyed the said tract of land to the said Jerome G. Hammond by a General Warranty Deed, but said Plaintiff avers that said Deed was executed with the express understanding and agreement that upon the releasing the said Boone and Cawlfield as his securities as aforesaid in said Bond, then the said Deed was to become void, annulled and cancelled, and that the said land was to be reconveyed by the said Hammond to the said Complainant, and the said Complainant avers that he did release the said Boone and Cawlfield his securities in the Bond aforesaid, and complied with every stipulation and agreement in the premises, but the said Hammond fraudulently intending to injure and defraud said Complainant had said Deed aforesaid recorded in the office of the Clerk of the Circuit Court of Greene County aforesaid and wholly neglected and refused to cancel and annul said Deed, and reconvey said land to said Co'plainant, and that the said Jerome G. Hammond be notified to appear on the first day of the next term of the Greene Circuit Court to be holden at Springfield on the third Monday after the fourth Monday in April, next, to answer the Complainant's bill - or it will be taken as confessed and it is ordered that this order of publication be published at least 8 weeks in the SPRINGFIELD ADVERTISER, a weekly newspaper in Springfield the last insertion to be at least four weeks before the next term of this Court.

p 16.
Joseph Farrier Plaintiff
vs                                                   Debt
Littleberry Hendrick, John S. Waddill
and Joseph Burden Defendants
This day came the parties by their attorneys and neither party requiring a Jury and the demand being founded on an instrument of writing and the amount ascertained thereby, the Court to find that the said Defendants owes and are indebted to the Plaintiff in the sum of $348.20 Debt and $47.29 damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid debt and damages together with his costs in this behalf expended for all of which execution may issue.

p 16/17
John W. Dagan Plaintiff
vs                                                   Petition for partition of Real Estate
George W. Rice Defendant
Now at this day comes the said John W. Dagan and files here in his petition praying for partition of a lot of ground situated in the town of Springfield in Greene County, Mo., of the following description to wit: Lot No. 37 in block No. 9 in the first two of lots in the said town containing 50 rods of ground upon which there is a log-house weather-boarded held in joint-tenancy with said George W. Rice and it appearing to the satisfaction of the Court by the affidavit of said John W. Dagan that said George W. Rice is not a resident of this State. It is therefore ordered by the Court that a copy of this order be published in some newspaper published in or nearest this County for eight weeks succesively, the last insertion to be at least four weeks before the next term of this Court notifying the said George W. Rice that unless he appear at this Court on the next term to be holden on the third Monday after the fourth Monday in April, next, and on or before the third day thereof and plead, demur or answer thereto the prayer of the petitioner will be granted and the Court decree accordingly.

p 18.
Eliza Ann Reynolds, as Administratrix of
Thomas Reynolds dec'd
vs                                                   Petition in Debt
Joel H. Haden Defendant
This day came the Plaintiff by her attorney and by leave of the Court files her Declaration and Note and a written covenant of the Defendant that Judgment may be rendered by
(continued)

127
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C
Novemoer Term 1844

p 18 (continued)
the Greene Circuit Court and the demand being founded upon an instrument of writing, and the amount ascertained thereby. The Court do find that the said Defendant owes and is indebted to the Plaintiff in the sum of $159.87 debt and $81.40 damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid debt and damages together with her costs in this behalf laid out and expended for all of which execution may issue and that the said Plaintiff have leave to withdraw the instrument sued on by her leaving a copy thereof.

p 19.
This day was exhibited in Open Court the Bond of Thomas B. Neaves as Sheriff of the County of Greene which was examined by the Court deemed good and sufficient therefore approved by the Court and ordered to be recorded.

p 20.
Zephaniah Nunn Plaintiff
vs                                                   Appeal
Jesse Robinett Defendant
This day came the parties by their attorneys and neither party requiring a Jury, the demand being founded on an instrument of writing and the amount ascertained thereby. and the Court sitting as a Jury do find the said Defendant owes and is indebted to the said Plaintiff in the sum of $100 for his debt and $18.35 damages for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid debt and damages together with his costs in this behalf laid out and expended for all of which execution may issue.

Joshua Jones Plaintiff
vs                                                   Appeal
Joel Phillips Defendant
This day came the Plaintiff by his attorney and the Defendant having been three times solemnly called came not but makes default and the demand being founded on an instrument of writing and the amount ascertained thereby. The Court sitting as a Jury do find that the said Defendant owes and is indebted to the said Plaintiff in the sum of $16.94 for his debt and damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant and Warham McElhaney, his security in the Appeal Bond the aforesaid debt and damages, together with his costs in this behalf laid out and expended.

p 21. nil

p 22. nil

p 23.
Zephaniah Nunn Appellee
vs                                                   Appeal J.P.
Jesse Robinett Appellant
This day came Jesse Robinett, Appellant, together with Peter Apperson and Robert J. McElhaney, his securities and acknowledged themselves indebted to Zephaniah Nunn, Appellee in the penal sum of $300 to be levied of their respective goods and chattles, lands and tenements for the payment of the sum aforesaid upon the following condition - for that whereas the said Jesse Robinett appellant has this day appealed from a Judgment rendered in the Circuit Court of the County of Greene wherein Zephaniah Nunn is Plaintiff and Jesse Robinett is Defendant. Now if the said Jesse Robinett shall prosecute his said appeal with due diligence to a decision in the Supreme Court and that if the Judgment appealed from is affirmed, or his appeal dismissed he will pay whatever of debt
damages and costs have been recovered against him by the Judgment of the Circuit Court
(continued)

128
GREENE COUN'TY, MISSOURI, CIRCUIT COURT CASES

Book C
November Term 1844

p 23 (continued)
together with the interest becoming due thereon, or will otherwise perform the Judgment of the Circuit Court and also pay the costs and damages that may be adjueged against him in the Supreme Court upon his appeal that then this recognizance to be void else to remain in full force and effect.

p 24.
James W. Blakey Complainant
vs                                                   In Chancery
William Sanders Defendant
And now at this day came the Complainant, James W. Blakey, and gives the Court to understand and be informed that the said Wm. Sanders hath departed this life, having by his last will and testament appointed one Griffin P. Sanders as Executor of his last will and testament and it is further suggested to the Court that said Griffin P. Sanders has taken out from the County Court of Newton County in the State of Missouri letters testamentary on the State of the said William Sanders deceased as Executor of the said last will and testament and the said James W. Blakey gives the Court further to understand and be informed that the said Blakey previous to the death of the said William Sanders has filed in the Circuit Court of Greene County and on the Chancery side thereof a bill to set aside annul and rescind a contract for sale of lands and praying an in junction, and to which no answer is yet filed. And on motion of the said Blakey by his attorney, it is ordered by the Court that a scieri facias issue in the above cause in favor of the said James W. Blakey and against the said Griffin P. Sanders Executor as aforesaid to show cause if any he can why he the said Griffin P. Sanders as Executor as aforesaid should not be made a party to the above bill in Chancery.

END OF NOVEMBER TERM 1844.

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