Abstract of Circuit Court Record Books 1840 - 1845

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

November Term 1845

p 65.
Monday Morning November 17th - Court met persuant to adjournment - present - Hon. Charles L. Yancey Judge, Thomas B. Neaves Sheriff by his deputies A.L. Yarborough and James S. Headlee, Joshua Davis Clerk. -
This day came Thomas B. Neaves Sheriff by A.L. Yarborough his Deputy and returns here in Court the writ of venire with a pannel thereon endorsed as follows, to wit: 1. John W. Hancock 2. Samuel Greer 3. James W. Gray 4. Joseph H. Miller 5. William G. Roberts 6. Thomas J. Hodges 7. James Dollison 8. Henry King. 9. John Bell 10. Joseph Farrier 11. Henry Small 12. Joseph Mason 13. John Evans 14. Kindred Rose 15. Archibald Payne 16. Joseph Burden - sixteen good and lawful men elected tried and sworn received a charge and retired to consider of their presentments. In the matter of the widow and heirs of the estate of William Fulbright dec'd - Petition for assignment of Dower and Partition of Real Estate. This day came the commissioners appointed in this cause and by leave of the Court filed their report.

p 66.
Samuel Job Plaintiff
vs                                                   Petition in Debt
Josiah Stuart Defendant
This day came the Defendant in this cause in his own proper person and says that he cannot deny but that he does owe and stands indebted to the said Plaintiff in the sum of $300 for his debt and $86.86 for his damages for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendant the aforesaid sum of $300 for his Debt and $86.86 for his damages together with his costs for all of which execution may issue.

p 67.
John W. Dagen Plaintiff
vs                                                   Petition for Partition
George W. Rice Defendant
Now at this day comes the Sheriff of this County into Court and makes report that persuant to the order of the Court made at the May Term 1845 in the case of Dagen against Rice for Partition be did between the hours of nine in the forenoon and five in the afternoon on the first day of November Term 1845 of the Greene Circuit Court having previously given notice according to Law of the time and place of sale and a description of the property to be sold and where situated proceeded to sell at auction on a credit of three months the property described in said petition when Alexander Johnson became the Purchaser he being the highest and last bidder at the sum of $594 and thereupon the said Alexander Johnson executed his bond with two sufficient securities conditioned for the payment of the purchase money thereof in three months. It is therefore considered by the Court that the report of the Sheriff be approved together with the securities on the bond and that upon the payment of the purchase money together with the interest accruing therein that the Sheriff make the said Johnson a Deed therefor.

141
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1845

p 67
William McFarland Plaintiff
vs                                                   Petition for Partition
The Widow and Heirs of William Pursely Dec'd Defendants
Now at this day came the Sheriff of this County and makes report of his proceeding in this case in persuance of an order made at the last term of this Court directing him to sell at the Court House door in the County of Greene at this term of Court on a credit of twelve months by the purchaser giving bond with approved security bearing interest at the rate of ten percent from the day of sale until paid the following described real estate, to wit: the N 1/2 of the NE1/4 of Sect Sect Twp 29 Range 21 containing 80 acres, that he did on the 17th day of November 1845 at the Court House door having previously given 20 days notice of the time and place of said sale and a description of the Property in said County between the hours of nine oclock in the forenoon and five oclock in the afternocn of said day offer for sale the above described real estate on a credit of twelve months and that James J. Jones being the highest and last bidder for the sum of $1700.50 and thereupon the said Jones executed to the Sheriff his bond with approved security due twelve months after date bearing interest at the rate of ten percent for the payment of the purchase money. It is therefore considered by the Court that said report be approved and that upon the payment of the purchase money together with all interest that may accrue on the same that the said Sheriff make to the said Jones a good and sufficient Deed there for.

p 68.
L. Hendrick Plaintiff
vs                                                   Assumpsit
Wm. Townsend Defendant
Now at this day came the said Plaintiff by his attorney and says that he will not further prosecute his said action, but suffers the same to be dismissed. 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 and that he have
execution therefor.

p 69.
It is ordered by the Court that Stephen Bedford be permitted to sign the roll of Attorneys.

State of Missouri Plaintiff
vs                                                   Indictment
James T. Hampton Defendant
Now at this day came the Defendant and presented to the Court his petition praying the Court to award a change of venue in this cause and for reasons set forth in said petition it is therefore considered by the Court that the venue in said cause be changed to the County of Dade in this State and that the Clerk of this Court make out a transcript - in this cause and transmit the same to the Clerk of Dade County. It is ordered by the Court that the Sheriff of this County deliver to the Sheriff of Dade County the body of James T. Hampton now confined in the Jail of Greene County and there to be confined in the Jail of said County of Dade until discharged in due course of Law.

p 70.
Greene County Plaintiff
vs                                                   Debt
Alfred S. Bone & Thomas B Neaves Defendants
Now at this day come the said Plaintiff by his attorney and the said Defendant, although duly served with process and thrice solemnly called, comes not but makes default, and the action being founded on an instrument of writing and the amount ascertained thereby,
(continued)

142
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1845

p 70 (continued)
the Court do find that the said Defendants owes to and are justly indebted to the said Plaintiff in the sum of $60.50 for her debt and that she has sustained damage by reason of the detention thereof in the sum of $40.20. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the said sum of $60.50 for her debt as well as the sum of $40.20 for her damages assessed as aforesaid together with her costs and charges in this behalf laid out and expanded and that she have execution therefor.

John Maloney Plaintiff
vs                                                   Trespass Trover
John Dixon et al Defendant
Now at this day came the said Defendants by their attorney and files their motion to suppress the depositions in this cause, which motion being taken up and after argument it is considered by the Court that said motion be sustained and that the said Defendants recover from the said Plaintiff their costs in this behalf.

p 71.
State of Missouri Plaintiff
vs                                                   Indictment
John Kirk Defendant
Now at this day comes the Prosecuting Attorney and the said Defendant by his attorneys and the motion to quash said Indictment filed in the cause being taken up and after argument it is considered by the Court that said motion be sustained and that said Indictment be quashed to which opinion of the Court in sustaining said motion, the State by her attorneys excepts.

It is ordered by the Court that the time of pleading be extended in the following cases -
John Smith vs Wm. Cox John W. Hancock vs Wm. Cox Y.G. Warren vs Wm. Cox
L. Grantham vs Wm Cox and Thomas Cawlfield until tomorrow.

John H. Maloney Plaintiff
vs                                                   Trover
John Dixon et al Defendants
Now at this day came the said Defendants by their attorneys and filed their motion to suppress the depositions in this cause, which motion being seen by the Court it is considered by the Court that said motion be sustained and that the said Defendants recover from the said Plaintiff their costs in this behalf.

Fleming Mapier Plaintiff
vs                                                   Trespass
John Dixon et al Defendants
Now at this day came the Defendants by their attorneys and filed their motion to suppress the depositions in this cause, which being seen by the Court, it is considered by the Court that the said motion be sustained and that the said Defendants recover from the said Plaintiff their costs in this behalf.

p 72.
James Bell
vs                                                  
Richard Steel
Now at this day came the said Defendant by his attorney and filed his petition praying the Court to grant a rule requiring Peter Apperson on a Justice of Peace for Greene County requiring him to return a transcript of the above cause. It is therefore considered by the Court that the rule be awarded and that said Justice return a transcript of the proceedings in said cause forthwith at this term of the Court.

143
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C
November Term 1845

p 72
Fleming Mapier Plaintiff
vs                                                   Trespass
John Dixon et al Defendants
Now at this day came the said parties by their respective attorneys and then came a Jury to wit: William Folden, H.M. Summers, E.F. Cooper, Isaac Woods, G.H. Edwards, B.S. Lane, James J. Jones, David Steel, P. Apperson, Wm. Cawlfield, E. Thompson, Wm. McCarty - twelve good and lawful men who being duly elected tried and sworn, the said Plaintiff by leave of the Court says that he will not further prosecute his said suit but suffers the same to be dismissed. The Jury was by the Court discharged. It is therefore considered by the Court that the said Defendants have and recover of and from the said Plaintiff and John H. Maloney, his security for costs in this suit, their costs and charges in this behalf laid out and expended and that they have executi0n therefor.

p 73, p 74 nil

P 75.
Lewis F. Fream and William McAdams Plaintiffs
vs                                                   Appeal J.P.
A.H. Bryan Defendant
Now at this day came the Plaintiffs in this cause by their attorney and the Defendant having been three times solemnly called comes 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 Plaintiffs in the sum of $19 for their debt and $2.71 for their damages for the detention thereof. It is therefore considered by the Court that they have and recover of and from the said Defendant and John Anderson, security in Appeal Bond, the aforesaid debt and damages together with interest at ten percent and their costs in this behalf laid out and expended for all of which execution may issue.

p 76.
B.M. Jewett
vs                                                  
Jos. Weaver, Admin of
Est. of Thomas Horn, dec'd.
Now at this day come the parties by their attorneys and the motion to dismiss said cause being taken up and after argument of Counsel and due deliberation had thereon said motion is sustained by the Court. It is considered by the Court that said cause be dismissed and that the Defendant recover of said Plaintiff his costs in this behalf laid out and expended.

p 77 nil.

p 78.
John W. Hancock
vs                                                   Petition in Debt by Attachment
William Cox
Now at this day came the parties by their respective attorneys and the issue being bounded on the plea in the nature of a plea in abatement. Then came a Jury, to wit: Wren Benton, Z.M. Rountree, A.F. McCarty, David Steel, Stewart Warren, J.W. Wadlow, Elijah Hill, Joseph Cain, A.M. Julian, J.M. Crochet, William Townsend, Daniel Beel - twelve good and lawful men being elected tried and sworn who after hearing the evidence returned into Court the following verdict - "We the Jury cannot agree." And thereupon the Jury were by the Court, with consent of parties, discharged.

144
GREENE COUTTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1845

p 78/79
In the matter of the Widow, Heirs of William Fulbright, dec'd.
Now at this day the report of the Commissioners appointed at the last term of this Court to assign Dower to Rutha Fulbright, widow of the said William Fulbright and make partition of said Estate amongst the several Heirs of said Fulbright which report was heretofore filed, was taken up and inspected by the Court. It is therefore considered by the Court that said report be approved and confirmed and that the partition of said Estate as set forth in the said report be effective and firm forever, and that the same shall be binding and conclusive on all parties to the proceedings and their representatives and all other persons claiming under any of them by right derived by from or through any of said parties, and it is further ordered by the Court that the said report and this
Judgment of confirmation be certified to the Recorder of the County of Greene and that the same be recorded.

p 79. Thursday 20 November 1845.
Peter Apperson, admin of Estate of James Leeper Plaintiff
vs                                                   Petition in Debt
David Steel Defendant
Now at this day came the Plaintiff by his attorney and the said Defendant by his attorney and neither party requiring a Jury the same is submitted to the Court and the suit being founded on an instrument of writing and the amount ascertained thereby, the Court do find that the said Defendant owes to and is justly indebted to the said Plaintiff in the sum of $83.43 debt and damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the Defendant the said sum of $83.43, his debt and damages assessed as aforesaid together with his costs and charges in this behalf laid out and expended and that he have execution therefor.

p 80.
The Bank of State of Missouri Plaintiff
vs                                                   Petition in Debt
Thomas Cawlfield, William Cox,
John C. Johnston and Burton A. James Defendants
Now at this day come the said Plaintiff by her attorney and the said Defendants although duly served with process and being thrice solemnly called comes not but makes default and the suit being founded on an instrument of writing and the amount ascertained thereby, the Court do find that the said Defendants owes to and are justly indebted to the said Plaintiff in the sum of $800 for his deat nor but that she has sustained damages by reason of the detention thereof in the sum of $52.50. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the sum of $800 for his debt as well as the sum of $52.50 her damages assessed as aforesaid together with her coStS and charges in this behalf laid out and expended and that she have execution therefor.

p 81.
Now at this day come the Grand Jurors into Court and presented the following bills of Indictment, to wit:
_________ Brown, Thomas Degraffenreid, James Shehane, G.M. Gass, Randolph Moore - gaming - true bills. Joseph Gilmore - Perjury.Henry Josses, larceny true bills.
James T. Hampton, true bill, all of which were regularly endorsed by John W. Hancock as foreman of said Grand Jury and having no further business before them was by the Court discharged.

145
GREEN COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1845.

p 82 nil

p 83.
James McClure Plaintiff
vs                                                   Petition in Debt
John C. Johnston & William Folden Defendants
Now at this day come the said Plaintiff by his attorney and the said Defendants in their own proper persons who say that they cannot deny the cause of action as set forth in the Plaintiff's declaration nor but that they owe and stand justly indebted to the said Plaintiff in the sum of $171 debt nor but that he has sustained damage by reason of the detention thereof in the sum of $79.08. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $171 debt nor but that he has sustained damage by reason of the detention thereof in the sum of $79.08. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $171 as well as the said sum of $79.08 assessed as aforesaid together with his costs and charges in this behalf laid out and expended and that he have execution.

p 84.
Thomas B. Neaves
vs                                                   Deed
Joseph Powell
Now at this day come Thomas B. Neaves by his deputy A.L. Yarborough, Sheriff of Greene County in the State of Missouri in Open Court and acknowledged a Deed to Joseph Powell to the following described tract of land, to wit: The NE 1/4 of Sect 36 Twp 29 Range 21 which land was sold by virtue of an execution in favor of James Ellison against Albert Martin and Alfred S. Bone.

James W. Blakey
vs                                                   In Chancery
G.P. Sanders et al
Now at this day come the said complainant by his solicit0rs and by leave of the Court a Writ is awarded to the Sheriff of Greene County for Henry Fulbright and Isabella Fulbright parties to said bill.

p 88.
Sheriff of Greene County
to                                                   Deed
Jackson E.B. Justice
Now at this day come Thomas B. Neaves, Sheriff of Greene County by his deputy A.L. Yarborough in Open Court and acknowledged a Deed to Jackson E.B. Justice for the following described tract of land situate in Greene County, to wit: the SW 1/4 of the NW 1/4 of Sect 14 Twp 30 Range 24 containing 40 acres which land was sold by virtue of an execution in favor of Jackson E.B. Justice and against William H. Sanford.

Sheriff of Greene County
to                                                   Deed
Thomas Shannon
Now at this day come Thomas B. Neaves Sheriff of Greene County, Missouri, by his deputy A.L. Yarborough in Open Court and acknowledged a Deed to Thomas Shannon for the following described tract of land situate in Greene County, to wit: the E 1/2 of Lot No. 1 of the NE fractional 1/4 of Sect No. 5 of Twp 30 Range 24, which land was sold by virtue of an execution in favor of Silas Grantham and against J.G. Hammond.

146
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1845

p 89.
Constantine Perkins Complainant
vs                                                   In Chancery
J.G. Hammond
Now at this day come the said complainant by his solicitor and files herein the affidavit of the Publisher of the SPRINGFIELD ADVERTISER, a weekly newspaper published in Springfield, Mo., with the order of publication thereunto annexed and it appeared to the satisfaction of the Court that said order has been published for eight weeks successively in said newspaper whereof the last insertion was more than four weeks before the commencement of the present term of this Court, and the said Jerome G. Hammond having been thrice solemnly called comes not but makes default herein. And the said Jerome G. Hammond having failed to file his exceptions plead answer or demurer to this bill during this term of this Court, it is therefore ordered, adjudged and decreed by the Court that the said complainants bill be taken as confessed and that the title to the following discribed real estate to wit: the W 1/2 of the SW 1/4 of Sect 4 Twp 31 Range 24 containing 80 acres be reconveyed and vest in him the Constantine Perkins and that this decree be made absolute at the next term of this Court unless the said Defendant shall appear at the next term of this Court and show cause to the contrary.

p 90.
James W. Blakey
vs                                                   In Chancery
G.P. Sanders, et al
Now at this day came the complainant by his solicitors and files herein the affidavit of the publisher of the SPRINGFIELD ADVERTISER a weekly newspaper published in Springfield, Mo., with the order of publication thereunto annexed, and it appearing to the satisfaction of the Court that said order has been published for eight weeks successively in the said newspaper whereof the last insertion was more than four weeks before the commencement of the present term of this Court. And the said James T. Sanders and Isaac A. Sanders, non-residents, and parties to said bill having been thrice solemnly called come not but make default herein. And the said James T. Sanders and Isaac N. Sanders, parties as aforesaid, having failed to file their exceptions, plead, answer or demurer to this bill during this term of this Court that the complainant's bill be taken as confessed as to James T. Sanders and Isaac N. Sanders and that this decree be made absolute at the next term of this Court unless the said James T. Sanders and Isaac N. Sanders shall appear at the next term of this Court and show cause to the contrary.

END OF NOVEMBER 1845 TERM

147

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