Abstract of Circuit Court Record Books 1846 - 1852

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

November Term 1846.
Book C.

p 140.
At a regular term of the Circuit Court begun and held at the Court House in the town of Springfield in said County of Greene in the State of Missouri on the 16th day of November A.D. 1846. Present the Honorable C.S. Yancey Judge of said Court, William McFarland, Sheriff of said County and Joshua Davis1 Clerk of said County. By virtue of a venire facias the Sheriff returned into Court the following pannel of Grand Jurors to wit: James Dollison, who was by the Court appointed foreman of the Grand Jury 1. James Thompson 2. Joseph MeReynolds 3. Sam Lee 4. Jeptha Wallis 5. John 0. Sheppard 6. William Killingsworth 7. Horace Snow 8. Stewart Warren 9. Joseph Miller 10. Jeptha Mason 11. Stokely T. Videto 12. Jacob Rainey 13. Washington Merrit 14. Henry King 15. Daniel Beal 16, sixteen good and lawful men who were duly elected tried and sworn and being charged by the Court retired to consider of their presentment.

p 141.
John H. Maloney Plaintiff
vs                                                   Trespass
Emmit Dixon Defendant
Now at this day come the said Defendant by his attorney and by leave of the Court files his motion to dismiss said cause. It is the consideration by the Court that said motion be sustained and that the said suit be dismissed and that the said Defendant have-and recover of and from said Plaintiff his costs and charges in this behalf laid out and expended and that he have execution therefor.

p 142.
Edward Woodward Plaintiff
vs                                                   Debt
John Murray Defendant
Now at this day come the said parties by their respective attornies and by consent of parties this cause is dismissed at the costs of the said Defendant. It is therefore considered by the Court that the said Defendant nave and recover of and from the said Plaintiff his costs and charges in this behalf laid out and expended.

p 143.
Kindred Rose et al Petition for Partition of the Lands Ann Shannon Dec'd seized and
Prossessed of.
This day come the parties by their attorney and it appearing to the satisfaction of the Court that at the time of the death of the said Ann, she left the following heirs children of the said Ann, viz - Evaline Shannon who intermarried with one Winfrey G. Townsend, Melissa J. another daughter who intermarried with one John R. Sturdivant, and one other daughter who has now arrived at the age of 21 years, all of the above named heirs have sold their lands to the said Kindred Rose, amounting in all to 96 acres, for which they have severally executed Deeds of Conveyance to the said Rose bearing date as follows (viz) the Deed from W.G. Townsend and wife and J.R. Sturdivant and wife bears date January 24 A.D. 1840 and from Martha A. Shannon 2g August A.D. 1846 and the other two children heirs of said Ann are John R. Shannon and Giltsy Shannon, and it further appearing to the Court that the said Ann at the time of her death had but 5 children as above stated and that she died seized of the following Real Estate situated in the County of Greene - viz - the W1/2 of the NW 1/4 of Sec 28 & the E 1/2 of the SW 1/4 of Sect 21, all in Twp 29 Range 22 W., and that all of the above parties have joined in the partition, viz --Kindred Rose, John R. Shannon, now a minor by his guardian John R. Sturdevant, and Giltsy T. Shannon, another minor by her guardian, Joseph Weaver. It is therefore considered by the Court that partition be made between the said Kindred Rose and the (continued)

15
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1846
p 143 (continued)
said Giltsy T. and John R. Shannon of the above described land that the said Rose have three-fifths and the said John R. and Giltsy T. Shannon each have one-fifth of the said land. And it is further ordered that William Townsend, Edward Moore and Henry Fulbright be and they are hereby appointed commissioners to divide and set off to each of the said parties their distributive shares of said real estate according to the above order of this Court and that they report at this term of this Court.

p 143/144/145.
In the matter of the widow and heirs of William Pursely - DECREE-
Now at this day come the said Martha Pursely widow of the said William Pursley dec'd and William Pursely, Washington Pursely, Addison Pursely, Samuel Beshears who married Sarah Pursely, James F. Pursely, lartha Pursely and presented their petition praying for the assignment of dower to the said Martha Pursely, widow of the said William Pursely dec'd and a division and partition of the residue of the following described real estate amongst the aforesaid heirs - viz- the E 1/2 of the SE 1/4 and the W 1/2 of the NE 1/4 and the E 1/2 of the SW 1/4 and the W 1/2 of the SE 1/4 of Sect 25 Twp 29 Range 21 and the W 1/2 of the SE 1/2 and the E 1/2 of the SW 1/4 of Sect 36 Twp 29 Range 21 W. containing all 480 acres all situated in the County of Greene in the State of Missouri and theCourt do find that the said William Pursely died owning the aforesaid land, leaving a widow and children and that there are sufficient assets excluse of real estate to payall the debts of said estate and that the said William Pursely, Washington Pursely, Addison Pursely, Sarah Pursely, James F. Pursely, Martha Pursely are the only children of the said William Pursely dec'd and that each of them are entitled to an equal undivided interest in the aforesaid tracts of land all subject to the widow's dower therein. And that Martha Pursely is the widow of the said William Pursely dec'd and is entitled to dower in the aforesaid tracts of land. It is considered by the Court that dower be assigned to the said Martha Pursely in the aforesaid tracts of land and that a division and partition of the residue of the aforesaid tracts of land be made amongst the children and heirs of the said William Pursely dec'd according to their respective rights and interests therein as found by the Court and it is further considered by the Court that John L. McCraw, Thomas Hodges and Thomas Hagen who are by the Court deemed competent, be and they are hereby appointed commissioners who shall proceed and view value and appraise all the real estate herein mentioned and to set off the widow's dower therein and to apportion and devide the residue of the said lands according to quantity and quality amongst the aforesaid heirs according to their respective interests giving to each his and her respective shares and that said comissioners report at the present term of this Court.

p 146.
State of Missouri Plaintiff
vs                                                   Larceny
A. Fletcher Defendant
Now at this day come the Circuit Attorney wl.n prosecutes on behalf of the State who says that he will not further prosecute said cause but will suffer the same to be dismissed and that the said cause be dismissed and that the said Defendant go hence without day.

p 147.
David Stewart Plaintiff
vs                                                   Case
John H. Hight et al Defendants
Now at this day come the said Plaintiff by his attorney and by leave of the Court dismissed said suit. It is therefore considered by the Court that the said Plaintiff take
(continued)

16
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1846

p 147 - continued
nothing by his Writ and that the said Defendants 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 thereof.

p 148.
Moses Bean Plaintiff
vs                                                   Trover
N.R. Smith Defendant
Now at this day come the said Defendant by his attorney and by leave of the Court files his motion to dismiss this cause for want of prosecution. It is thereby considered by the Court that said motion be sustained that said suit be dismissed and that the said Defendant have and from the said Plaintiff his costs and charges in this behalf expended and that he have an execution £herefor.

State of Missouri Plaintiff
vs                                                   Indictment
William Martin Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State and the said Defendant by attorney and the motion heretofore filed in this cause being taken up and after argument, it is considered by the Court that the said motion be sustained and that said indictment be quashed and that the said Defendant go hence without day.

p 149.
State of Missouri Plaintiff
vs                                                   Indictment for Obstructing Road
Hugh Wilkinson Defendant
Now at this day come the Prosecuting Attorney who prosecutes on behalf of the State and the said Defendant having failed to appear in this Court on the first day of the present term in persuance of his recognizance, it is therefore considered by the Court that said recognizance be forfeited and that a sciria facias be awarded in this Court.

State of Missouri Plaintiff
vs                                                   Indictment for Obstructing Road
Thomas Wilkinson Defendant
Now at this day come the Prosecuting Attorney who prosecutes on behalf of the State and the said Defendant having failed to appear in this Court on the first day of the present term in persuance of his recognizance, it is therefore considered by the Court that said recognizance be forfeited and that a sciria facias be awarded in this Court.

p 150 - nil

p 151.
State of Missouri Plaintiff
vs                                                   Indictment for Obstructing Road
Hugh Wilkinson Defendant
Now at this day come the parties by their respective attornies and the motion heretofore filed in this cause being taken up. It is considered by the Court that said motion be sustained and that said forfeiture of recognizance be set aside and that said Defendant plead to said cause instanter.

State of Missouri Plaintiff
vs                                                   Indictment for Obstructing Road
Thomas Wilkinson Defendant
Now at this day come the parties by their respective attornies and the motion heretofore filed in this cause being taken up. It is considered by the Court that said motion be
(continued)

17
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1846.

p 151 - continued.
sustained and that said forfeiture of recognizance be set aside and that said Defendant plead to said cause instanter.

D.J. Gish Plaintiff
vs                                                   In Chancery
L.H. Freeman Defendant
Now at this day come the said parties by their respective solicitors and the demurrers heretofore filed in this cause being taken up and after argument it is considered by the Court that said derrurrer overruled and that Plaintiff have and recover of and from the said Defendant his costs in this behalf expended.

State of Missouri Plaintiff
vs                                                   Indictment for Perjury
Joseph Gilmore Defendant
Now at this day come the Prosecuting Attorney who prosecutes on behalf of the State and the said Defendant by his attorney and the demurrer in this cause being under consideration of the Court since yesterday. It is thereby considered by the Court that tbe said demurrer be sustained and that the said indictment be quashed and that the said Defendant be discharged and that he go hence without day.

In the matter of Kindred Rose et al Petition for Partition
Now at this day come the camnissioners heretofore appointed in this cause to make partition of said real estate in said petition mentioned and filed their report in said cause.

p 154, p 155 nil.

p 156.
State of Missouri Plaintiff
vs                                                   Indictment for Larceny
Rance (a slave) Defendant
Now at this day came the Prosecuting Attorney who prosecutes in behalf of the State and the said Defendant in his own proper person and being enguired of by the Court what he hath to say in this cause says that he is guilty in manner and form as charged against him in said indictment. It is therefore considered by the Court that the Sheriff of this County give the said Defendant twenty stripes on his bare back, then the Defendant to be discharged and that the said Plaintiff have and recover of and from James Ellison, the owner of said slave, her costs and charges in this behalf laid out and expended and that she have an execution therefor.

p 156/157.
John W. Hancock Plaintiff
vs                                                   Attachment-
William Cox Defendant
Now at this day come the said parties by their respective attornies and the cause being-ready for trial on the plea, in the nature of a plea of abatement. Then came a Jury,to wit: John McHaffie, David Appleby, James Simpson, Joel W. Perryman, Silas Ray, M.Townsend, Isaac B. Jones, Stephen H. Julian, James Harkness, Joseph Burden, HuthWilkinson, B.F. Butler, twelve good and lawful men who being duly elected tried and sworn well and truly to try the issue joined, and not having time to finish the trial the Jury was permitted to retire until tomorrow morning under the usual instruction from the Court.

18
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1846

p 157.
Green Austin Plaintiff
vs                                                   Assumpsit
John P. Campbell Defendant
Now at this day come the said parties by their respective attornies and neither party requiring a Jury the same is sufriitted to the Court and the Court sitting as a Jury after hearing the evidence do find that the said Defendant did undertake and promote in manner and form as in the said Declaration alledged and that the said Plaintiff hath sustained damage by reason of the nonperformance of the promises and undertakings of said Defendant to the sum of $217.33. It is thereby considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $217.33 his damages assessed as aforesaid together with his costs and charges in this behalf ex pended and that he have execution therefor.

p 158. Thursday 19 November 1846.
Kindred Rose
John R. Shannon by his Guardian, John R. Sturdivant
Giltsy T. Shannon, by her Guardian, Joseph Weaver
Petition for Partition
Now at this day come Henry Fulbright, William Townsend and Edward Moore commissioners appointed by the Court at the present term of said Court to make partition of the land of which Ann Shannon late of the County of Greene died seized and possessed of amongst the aforesaid petitioners which is situated in the County of greene in the State of Missouri and is described as follows, to wit: the W 1/2 of the NW 1/4 of Sect 28 and the E 1/2 of the SW 1/4 of Sect 21 all in TWP 29 Range 22 W. Report that the said land not susseptiable of division without great prejudice to the heirs which report is approved and confirmed by the Court. It is therefore considered by the Court that said land be sold by the Sheriff of the County of Greene at the next term of this Court, at the Court House door in the town of Springfield in said County on a credit of 12 months, the purchaser to give bond with approved security with interest at the rate of 10% per annum from the day of sale until paid, and the proceeds of the sale be divided amongst said petitioners, Kindred Rose three-fifths, John R. Shannon and Giltsy Shannon each one-fifth after deducting out of the proceeds of said sale the costs and charges in this behalf expended.

p 159 nil

p 160.
John W. Hancock Plaintiff
vs                                                   Attachment
William Cox Defendant
Now at this day come the said parties by their respective attornies and the Jury empanneled in this cause appearing who after hearing the evidence returned into Court the following verdict - "We the Jury find the issue for the Plaintiff." It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant his costs and charges in this behalf laid out and expended and that he have execution therefor. In the matter of John W. Degan and George W. Rice - in Partition Now at this day come the Sheriff of this County and files his report of the sale of the real estate held in joint tenancy between the aforesaid parties, and tenders to the Court the proportionate part of George W. Rice in said estate. It is therefore ordered by the Court that the said Sheriff pay the said sum to James R. Danforth who is by the Court appointed commissioner. Said commissioner will invest said sum in publick stock of the United States or of this State or will lend said sum of money in trust on bond and mortgage on unencumbered real estate of at least double the value. And it is further (continued)

19
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1846

p 160-continued-
ordered by the Court that the commissioner report annually to this Court his proceedings in this matter. Said camnissioner to give bond with good security in at least double the amount of said sum.

p 161.
State of Missouri Plaintiff
vs                                                   Appeal
Lucy and A. Jones Defendants
Now at this day come the Circuit Attorney who prosecutes on behalf of the State and the said Defendants by their attorney and the motion heretofore filed in this cause being taken up and after deliberation had thereon, it is considered by the Court that said motion be sustained and that said appeal be dismissed and that the papers in this cause be remanded to the Justice who tried the same, and that the said Plaintiff have and recover of and from the said Defendants her costs in this behalf laid out and expended and that execution issue therefor.

p 162.
State of Missouri Plaintiff
vs                                                   Indictment Larceny
Edward Hogan Defendant
Now at this day come the Prosecuting Attorney who prosecutes on behalf of the State and he said Defendant in his own proper person who being enquired of how he will acquit himself for plea thereof says that he is not guilty of the charge alledged against himin said Indictment and puts himself upon the County and the State doth the like, then came a Jury, to wit: R.P. Haden 1. Isaac Woods 2. Elija Gray 3. Benjamin Beal 4. Daniel I. Gish 5. Silas Ray 6. William Folden 7. Silas Grantham 8. Stephen H. Julian 9. Samuel Arnold 10. John Andrews 11. Josiah Burney 12. L.H. Freeman 13. Thirteen good and lawful men (to which number the parties consented) who being duly elected -tried and sworn well and truly to try the issue in this cause returned into the Court the following verdict, to wit: "We the Jury find the Defendant guilty as charged against him in said Judgment and assess his punishment to imprisonment in the County Jail for 30 days. " It is therefore considered by the Court that the said Defendant be confined in the County Jail of Greene County for the said term of 30 days and that said Plaintiff have and recover of and from said Defendant her costs in this behalf expended.

p 163.
Burton A. James Plaintiff
vs                                                   Petition to Foreclose a Mortgage
John C. Johnson et al Defendants
Now at this day come the said Plaintiff by his attorney and it appearing to the satisfaction of the Court that a Judgment by defalut had been rendered against the Defendant at the last term of this Court in the above case and a Writ of enquirie awarded and the said Defendant failing to appear in this Court at this term and show cause why said Judgment should not be made final. And the Writ of Enquirie being awarded the Sheriff returned into Court the following Jury, to wit: John A. Stephens, John McElhannon, John Andrews, Samuel Fulbright, Henry Sheppard, Mfred Julian, Berry Rose, William Steel, William B. Thogan, William Daniel, Warren H. Graves, Edward Moore, twelve good and lawful men who being duly elected tried and sworn to assess the damages in said case sustained by the Plaintiff said cause was submitted to said Jury who after returning to consider of their verdict returned into Court the following verdict "We the Jury find that the Plaintiff hath sustained damage to the amount of $990.70." Therefore it is considered by the Court that the said Plaintiff have and recover from the said Defendant the aforesaid sum of $990.70 together with his costs and charges in this behalf laid out and expended and that the Equity of Redemption be foreclosed and that it be levied of the following described mortgage premises, to wit:
(continued)

20
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1846

p 163-cont.
the W1/2 of SE1/4 and the E 1/2 of the SW 1/4 Section No. 24 Township No. 30 Range No. 24 containing 160 acres and that a special fieri facias issue directed to the Sheriff of Greene County comanding him to sell the same to the highest bidder for cash in hand at the next term of this Court.

p 164/165.
B.A. James Plaintiff
vs                                                   Petition to Foreclose Mortgage
Thomas Cawfield, et al Defendants
Now at this day come the said Plaintiff by his attorney and it appearing to the satisfaction of the Court that a Judgment by default had been rendered against the Defendant at the last term of this Court in the above case and a Writ of Enquiri awarded and the said Defendant failing to appear in this Court at this time and show cause why said Judgment should not be made final and the Writ of Enquiri being awarded. The Sheriff returned into Court the following Jury, to wit: John A. Stephens, John McElhannon, John Andrews, Samuel Fulbright, Henry Sheppard, Alfred Julian, Berry Rose, William Steel, William Logan, William Daniel, Warren H. Graves, Edward Moore, twelve good and lawful men who being duly elected tried and sworn to assess the damage in said case sustained by the Plaintiff said cause was submitted to said Jury who after retiring to consider of their verdict returned into Court the following verdict "We the Jury find that the Plaintiff hath sustained damage to the amount of $940.70." Therefore it is considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $940.70 together with his costs and charges in this case laid out and expended and that the equity of redemption be foreclosed and that it be levied of the following described mortgaged premises, to wit: E 1/2 of the NE 1/4 of Section No. 20 and the W 1/2 of the NW 1/4 Section 21 of Township No. 30 Range No. 24 and that a special fieri facias issue directed to the Sheriff of Greene County camnanding him to sell the same to the highest bidder for cash in hand at the next term of this Court.

p 166. Friday 20 Nov 1846
Court met persuant to adjournment present as on yesterday. It is ordered by the Court that the Sheriff provide a Chancery Record, a bound minute book and a Docket Book for use of this Court at its next term.

Rest of page - motions, petitions, demurrers.

p 167.
Z. Sims Plaintiff
vs                                                   Assumpsit Case
Joseph Jones Defendant
Now at this day come the said Plaintiff by his attorney and says that he will not further prosecute this suit but will suffer the same to be dismissed. It is thereby considered by the Court that the said Plaintiff take nothing by his Writ and~that the same be dismissed and that the said Defendant have and recover of and from the said Plaintiff his costs and charges in this behalf laid out and expended and that he have execution therefor.

William Person and John S. Bigbee Plaintiffs
vs                                                   Injunction to Stay Proceedings Under Execution
Dorcas E. Isbell, by her next friend, William Isbell Defendant
Now at this day come the parties aforesaid by their solicitor and the demurrer of the Defendants being seen and understood by the Court and the argument of Counsel being heard by this Court, it is ordered by the Court that said demurrer be sustained and
(continued)

21
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1846.

p 167 (cont)
that said Injunction be dissolved and the bill of said complainant be dismissed. And neither party requiring a Jury the case was submitted to the Court, whereupon the Court doth find that the amount of the execution enjoyned is $123.44 and doth assess the damages encured by William Person the Plaintiff in said execution by reason of said injunction to $12.34. It is therefore ordered adjudged and decreed by the Court that the said William Person do have and recover of and from the said William Isbell and Joseph Burden the obligors in the bond in this case the sum of $135.78 and the costs by him in this behalf expended and that he have execution therefor.

p 168 - nil

P 169.
State of Missouri Plaintiff
vs                                                   Indictment for Betting On Election.
Warren H. Graves Defendant
Now at this day come the Prosecuting Attorney who prosecutes on behalf of the State and the said Defendant in his own proper person who for plea thereof says he is guilty in manner and form as charged against him in said indictment and neither party requiring a Jury the same is submitted to the Court and the Court doth assess a fine against the said Defendant in the sum of five dollars. It is thereby considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of five dollars as assessed as aforesaid together with her costs and charges in this behalf laid out and expended and that she have execution therefor.

p 170.
B.A. James Plaintiff
vs                                                   Petition to Foreclose Mortgage
Josiah Burney, imp'd with William Cox Defendants
Now at this day come the said Plaintiff by his attorney and by leave of the Court dismisses his said suit as to the said Josiah Burney. It is thereby considered by the Court that the said Burney have and recover of and from the said Plaintiff his costs and charges in this behalf expended and that he have execution therefor.

p 171.
B.A. James plaintiff
vs                                                  
Josiah Burney, imp' d with William Cox
Now at this day come the said Burney by his attorney and on his motion leave is given him to appear and be made a party to their suit and the said Burney stands and abides by his old Pleas filed in this cause and that Plaintiff abide by his demurrer filed to his sead pleas.

Bank of The State of Missouri Plaintiff
vs                                                   Petition in Debt
William Montgomery et al Defendants
Now at this day come the said Plaintiff by her attorney and by leave of the Court dismisses this cause as to John Andrews and John S. Hill. It is therefore considered by Court that said suit be dismissed as to the said Andrews and John S. Hill and that they have and recover of and from the said Plaintiff their costs and charges in this behalf expended and that they have execution therefor.

Bank of The State of Missouri Plaintiff
vs                                                   Petition in Debt
William Montgomery Defendant
Now at this day come the said Plaintiff by her attorney and the said Defendant,
(continued)

22
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1846.

p 171 (cont)
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 Defendant owes to and stands justly indebted to the said Plaintiff in the sum of $100 for her debt nor but she has sustained damage by reason of the detention thereof in the sum of $14.25. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $100 for her debt as well as the sum of $14.25 her damages assessed as aforesaid together with her costs and charges in this behalf laid out and expended and that she have an execution therefor.

p 172.
Craighead and Allen Plaintiff
vs                                                   Assumpsit
John S. Phelps and wife Defendants
Now at this day come the said Plaintiff by his attorney and by leave of the Court dismisses this suit. It is therefore considered by the Court that said suit be dismissed and that the Defendants have and recover of and from the said Plaintiffs their costs in this behalf expended and that they have execution therefor.

p 173.
D.J. Gish Plaintiff
vs                                                   In Chancery
L.H. Freeman Defendant
Now at this day come the said Defendant by his attorney and moves the Court to release the securities of the said Gish in a bond filed as security for costs of suit and the matters being seen by the Court. It is considered by the Court that said securities be released as to all subsequent costs.

p 174.
The Grand Jury returned into Court the following bills of Indictment -
(none listed)

p 175.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
John Cox Defendant
Be it remembered that on this day personally come into Court John Cox as principal and N.R. Smith as security who each acknowledge themselves to owe and stand justly indebted unto the State of Missouri in the sum of $50 to be levied of their respective goods and chattles lands and tenaments, nevertheless to be void on this express condition that the above bound John Cox shall be and appear before the Greene Circuit Court on the first day of the next term thereof, then and there to answer an Indictment preferred against him by the Grand Jury for gambling and not depart without leave of the Court then this recognizance to be void.

p 175/176.
John W. Hancock Plaintiff
vs                                                   Attachment
William Cox Defendant
Now at this day come the parties aforesaid by their respective attornies and the said Defendant says nothing in Bar or preclusion of said debt 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 stands justly indebted to the said Plaintiff in the sum of $100 for his debt and that he has sustained damage by reason of the detention
(continued)

23
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1846.

p 175/176 (cont)
of the same as the sum of $11.25. It is therefore considered by the Court that the said Plaintiff have and reccver from the said Defendant the aforesaid sum of $100 for his debt and the further sum of $11.25 for his damages assessed as aforesaid together with his costs and charges in this behalf laid out and expended and that he have execution therefor.

p 176.
Thomas B. Neaves
to                                                   Deed
James J. Jones
Now at this day come Thomas B. Neaves as late Sheriff of this County of Greene and State of Missouri and acknowledged in Open Coort a Deed to James J. Jones for the following described tract or parcel of land situate in the County and State aforesaid, to wit: the W 1/2 of the NE 1/4 of Section No. 27 Township No. 29 of Range No. 21, containing 160 acres which land was sold by virtue of an order of this court in partition.

END OF NOVEMBER TERM 1846.

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