Abstract of Circuit Court Record Books 1863

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

In Vacation.
January Term 1863.
Book F.

p 635.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to William Massey to the following described real estate, viz: beginning at the SE corner of C.Y. Kidd's lot, thence South to A.C. Bradley's NE corner, thence west to David t. Fulbright's line, thence North to C.Y. Kidd's NW corner, thence to beginning being two acres in SE 1/4 of Section 23 TWP 29 Range 32.

Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a deed to C. Blonville Holland to the following described real estate, viz: SW 1/4 of NE 1/4 NW 1/4 of NE 1/4 NE 1/4 of NE 1/4 SE 1/4 of NE 1/4 NE 1/4 of SE 1/4 all Section 21 TWP 29 Range 22.

Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to Reuben A.M. Rose to the following described real estate, viz: SW 1/4 of SW 1/4 Section 26 TWP 28 Range 23. N 1/2 of SE 1/4 and W 1/2 of NE 1/4 and E 1/2 of NW 1/4 Section 13 TWP 30 Range 23.

Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to George W. Sloan to the following described real estate, viz: NE 1/4 of SW 1/4 W 1/2 of SW 1/4 of Section 11 TWP 30 Range 24. E 1/2 of NE 1/4 and E 1/2 of SW 1/4 Section 27 TWP 30 Range 24.

p 635/636.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to Henry Sheppard to the following described real estate, viz: SW 1/4 of SE 1/4 Section 27 TWP 29 Range 23.

p.636
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to Joseph R. Douglas to the following described Real Estate, viz: NE 1/4 of SE 1/4 Section 11 TWP 28 Range 24.

Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a deed to J. B. Winger to the following described real estate, viz: NW 1/4 of SE 1/4 and SW 1/4 of SE 1/4 Section 11 TWP 28 Range 24.

Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a deed to Robert P. Faulkner to the following described real estate viz: SW 1/4 of NE 1/4 Sect 27 TWP 29 Range 22.

Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a deed to John C. Howard to the following described real estate, viz:NW 1/4 of NW 1/4 NE 1/4 of NW 1/4 SW 1/4 of NW 1/4 SE 1/4 of NW 1/4 and NW 1/4 of SW 1/4 all Section 23 TWP 30 Range 24.

Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F.Brown and acknowledges the execution and delivery of a deed to William McAdams to the following described real estate, viz: NW 1/4 of NW 1/4 and E 1/2 of NW 1/4 Section 25 TWF 28 Range 22 and SW 3/4 of Section 24 TWP 28 Range 22.

61
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book E.
IN VACATION
JANUARY TERM 1863
p 636.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to Gideon Combs to the following described real estate, viz: NE 1/4 of Section 25 TWP 30 Range 24 SW 1/4 of SE 1/4 of Section 30 TWP 30 Range 24 SW 1/4 of NE 1/4 of Section 14 TWP 30 Range 23

p 637.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James P. Brown and acknowledges the execution and delivery of a Deed to Jacob Neff to the following described real estate, viz: SE 1/4 of SE 1/4 SE 1/4 of NE 1/4 NE 1/4 of SE 1/4 Section 32 TWP 31 Range 23 and W 1/2 of SW 1/4 and SW 1/4 of NW 1/4 of Section 33 TWP 31 Range 23.

Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James P. Brown and acknowledges the execution and delivery of a Deed to Daniel Clark to the following described real estate, viz: SE 1/4 of SE 1/4 and NE 1/4 of NE 1/2 of Section 27 TWP 29 Range 23.

Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to Joseph B. Brown to the following described real estate, viz: NW 1/4 of NW 1/4 Section 22 TWP 29 Range 22. SW 1/4 of NW 1/4 Section 22 TWP 29 Range 22, except one acre on South end.

Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James P. Brown and acknowledges the execution and delivery of a Deed to Thomas J. Whitlock to the following described real estate, Viz: SW 1/4 of SW 1/4 of Sect 3 NW 1/4 of SW 1/4 Sect 3 E 1/2 of Lot one NE fcl 1/4 Sect 4 NE 1/4 of SE 1/4 Sect 4 SE 1/4 of SE 1/4 Sect 4 all in TWP 30 Range 21.

Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to Thomas Sheppard to the following described real estate, viz: SE 14 of SE 1/4 of Section Il Township 28 Range 23.

p 637/638.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to W.J. McDaniel and Henry Sheppard to the following described real estate, viz: commencing on West side of South Street at NE corner of Anderson Johnson's lot sold to him by S. Jones, thence South to the Lot owned by Baptist Church, thence West to an alley, thence North tosaid Anderson Johnson's NW corner, thence East to beginning, it being the South part of Lot sold to James S. Jones by John H. and P. Margaret Miller recorded in Deed Book (I) page 168.

p 638.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to W.J. McDaniel to the following described real estate, viz: Lot #1 in Kimbrough's First Addition to the City of Springfield, containing 120 poles more or less.

62
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
IN VACATION
JANUARY TERM 1863
p 638.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to Deborah A. Anderson to the following described real estate, viz: N1/2 of Lot #1 in Kimbrough's Second Addition to the City of Springfield, Missouri.

Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to B.W. Henslee and J.H. Caynor to the following described real estate, viz: NE 1/4 of NW 1/4 Section 11 Township 29 Range 21.

Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to bedford W. Henslee to the following described realestate, viz: lots 59 & 60 in the City of Springfield, Greene County, Missouri.

p 638/639.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to Colly B. Holland to the following described real estate, viz: W 1/2 of SE 1/4 Section 25 TWP 31Range 24. Also, beginning at a stone on tbe West line ten chains South 1/2 degree East of NW corner of East 1/2 of SE 1/4 Sect 25 TWP 31 Range 24 W, then the same course 6 chains to a stone, then East 2 chains to s Stone, then North 28 degrees one chain and twenty links to a stone, then North 12 degrees West 2 chains and 79 links to a Stone, then South 891/2 degrees West 5 chains and 71 links to a place of beginning. Also, a part of the East 1/2 of SE 1/4 of Sect 24 TWP 29 Range 24 beginning at SW Corner, then South three eighths East 34 chains 47 links, then East 20 chains and 5 links to a Stone then North 34 chains and 28 links to the corner of the quarter containing 150.3 acres.

p 639.
Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to Collie B.Holland to the following described real estate, viz: Lots #13 & #l4 in the city of Springfield, Greene County, Missouri, also SE 1/4 of NW 1/4 and NE 1/4 of SW 1/4 and NW 1/4 of SE 1/4 and SW 1/4 of SE 1/4 and SE 1/4 of SE 1/4 all in Section 24 Township 29 Range 22 W, situated in County of Greene and State of Missouri.

Now at this day comes Thomas A. Reed, Sheriff of Greene County, Missouri, by his deputy James F. Brown and acknowledges the execution and delivery of a Deed to F.M. Shockley to the following described real estate, viz: beginning at NE corner of Mrs. Jane M.Adams Lot in Springfield 30 poles 15 links North of E Street thence West 4 poles and 3 links, thence North 22 poles and 13 links, thence East 4 poles and 3 links, thence South to place of beginning. The North Boundary line between Section 13 and 24 TWP 29 Range 22.

Now at this day comes James F. Brown coroner and acting Sheriff of Greene County, Mo., and acknowledges the execution and delivery of a Deed to Reuben A.M. Rose to the following described real estate, viz: NW 1/4 of NE 1/4 N 1/2 of N1/2 of NW 1/4 Section 15 TWP 28 Range 23.

Ordered by the Court that Court adjourn until the first Monday of June 1863.
John C. Price.

63
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION.
p 640.
In Circuit Court Greene County Missouri August Term 1863
Hervey Massey & William M. Adams Plaintiffs
against
Wiley M. Horton Defendant
Now at this day comes the Plaintiffs and files their petition with the Clerk founded on a Book Account against Defendants the amount for which Plaintiffs claim judgment is $75.89 and interest thereon from due until paid. Plaintiffs also file their affidavit stating that Defendant Wiley M. Horton has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court that publication be made notifying said Defendant that suit has been commenced against him by petition in said Court as above recited and unless he appears at the next term of this Court which will be held on the first Monday in August 1863 and on or before the 6th day thereof answer to Plaintiffs petition the same will be taken as confessed. It is further ordered that this order be published in the Springfield Missourian, a newspaper published in the State of Missouri, for four weeks successively, the last insertion at least four weeks before the first day of the next term of this Court. M.J. Hubble Clerk

p 640/641
In Circuit Court of Greene County Missouri August term 1863
Harvey Massey & William J. McAdams Plaintiffs
vs
William T. Carter Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a Book Account against Defendant made during the years 1860 and 1861. The amount for which Plaintiffs claim judgment is $54.63 and interest thereon since the same become due. Plaintiffs also file their affidavit stating that the Defendant, William T. Carter, has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court that publication be made notifying said Defendant that suit has been commenced against him by petition in said Court as above recited and unless he appears at the next term of this Court which will be held on the first Monday in August 1863 and on or before the 6th day thereof answer to Plaintiff's petition the same will be taken as confessed. It is further ordered that this order be published in the Springfield Missourian, a newspaper published in the State of Missouri, for four weeks successively, the last insertion at least four weeks before the first day of the next term of this Court.
M.J. Rubble Clerk

p 641.
In Circuit Court of Greene County Missouri August Term 1863
Joseph S. Moss, Curator of the estate of
S.M. Blakey, minor
against
Green Austin, Lemuel H. Freeman Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on two promissory notes against Defendants dated January 20, 1860, payable one day after date to J.S. Moss, guardian of S.M. Blakey, one for the sum of $181.50 with 10% interest per annum from date until paid and if the interest be not paid annually the same to become principal and bear same rate of interest. The other for $429.62 with 10%
(continued)

64
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 641 (cont)
interest from date until paid and if not paid annually the same to become principal and bear the same rate of interest. Plaintiff also files his affidavit stating that Defendant Lemuel H. Freeman has absconded or absented himself from his usual place of abode in the State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court that publication be made by notifying said Defendant that suit has been commenced against him by petition in said Court as above recited and unless he appears at the next term of the Court which will be held on the first Monday in August 1863 and on or before the sixth day thereof answer to Plaintiff's petition the same will be taken as confessed. It is further ordered that this order be published in the Springfield Missourian, a newspaper published in the State of Missouri, for four weeks successively, the last insertion at least four weeks before the first day of the next term of this Court. M.J. Hubble Clerk.

p 642.
In Circuit Court of Greene County, Missouri to Jany term 1863
William North, William P. Scott,
Andrew J. Dreas partnership under
the firm name and style
of North Scott and Company Plaintiff
against                                                   Action of Debt Promissory Note.
John A. Miller and James S. Jones
partners trading under the firm name
and style of John A. Miller & Co. Defendants
Comes the Plaintiffs and files their petition with the Clerk founded on three promissory notes against the Defendants, one dated March 9th 1860 payable six months after date to Plaintiffs for $1618.43 with interest after maturity at the rate of 10% per annum.On said note is a credit of $50 dated May 29th 1861. Another dated September 18th 1860, payable six months after date to Plaintiffs for $735.15 with interest after maturity at 10% per annum. The other dated March 26th 1861 payable 6 months after date to Plaintiffs for the sum of $114.75 with interest after maturity at the rate of 10% per annum. The amount for which Plaintiffs claim judgment after allowing all just credits and set-offs is $3009.10. Plaintiffs also file their affidavit stating that James S. Jones, one of the Defendants, has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is further ordered by the undersigned Clerk of said Court in vacation that publication be made in the Springfield Journal notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next August Term of the Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue, if not, then before the end of the term judgment shall be rendered against him and his property sold to satisfy the same. M.J. Hubble Clerk.

p 643.
In Circuit Court of Greene County, Missouri August term 1863.
Alexander Evans & Mary Robberson,
administrators on estate of
Allen Robberson, deceased Plaintiffs
against
William R. Robberson Defendant
Now at this day comes the Plaintiffs and files their petition with the Clerk founded on a promissory note against Defendant dated 13th day September 1861 payable one day
(continued)

65
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 643 (cont)
after date to Allen Robberson, deceased, for the sum of $75 bearing interest at 10% per annum from date the amount for which Plaintiff claims judgment after allowing all Just credits and set-offs is $85.50, also, their affidavit stating that Defendant is not a resident of the State of Missouri and has absconded from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next August Term of the Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue, if not, then before the end of the term judgment shall be rendered against him and his property sold to satisfy the same and further ordered that this order be published in the Springfield Journal, a newspaper published in the State of Missouri, for four successive weeks, the last insertion to be at least four weeks before the first day of the next term of this Court.
M.J. Hubble Clerk

p 643/644.
In the Circuit Court of Greene County, Mo., August Term 1863
The Bank of the State of Missouri Plaintiff
against
Thomas D. Wooten, Turner Goodall
and Joshua M. Bailey Defendants
Now at this day comes the Plaintiff and files his amended petition in this cause founded upon a Bill of Exchange dated July 25 1861 payable four months after date at the Branch of the Bank of the Bank of The State of Missouri at Springfield for the sum of $120 with interest from four months after the 25th July 1861 and also for $4.80 damage for non-payment of the same also his affidavit stating that the Defendants Thomas D. Wooten and Turner Goodall have absented themselves from their usual place of abode in this State and had so absented themselves on the 15th of December 1862 so that the ordinary process of Law could not be served upon them. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made notifying said Defendants Thomas D. Wooten and Turner Goodall that suit has been commenced against them by petition and attachment in said Court as above recited that their property has been attached and unless they appear at the next term of this Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue if not, then before the end of the term judgment will be rendered against them and their property sold to satisfy the same. It is further ordered that this order be published in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court.

p 644/645.
In the Circuit Court of Greene County, Mo., August Term 1863.
The Bank of the State of Missouri Plaintiff
against
Thomas D. Wooten, Turner Goodall,
Joshua M.Bailey Defendants
Now at this day comes the Plaintiff and files his amended petition with the Clerk founded on a Bill of Exchange dated 22 of August 1861 payable four months after date thereof at the Branch of the Bank Of The State Of Missouri at Springfield for the sum of $350. Plaintiff claims judgment for the amount of said Bill of Exchange after allowing all just credits and setoffs with interest from four months after the 22nd day
(continued)

66
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 644/645 (continued)
of August 1861 for $14 damage for non-payment of the same. Plaintiffs also file an amended affidavit stating that the Defendants, Thomas D. Wooten and Turner Goodall, had absented themselves on the 15th December 1862 and continued absent to present time from usual place of abode in the State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk of the said Court , vacation that publication be made notifying said Defendants, T.D. Wooten and Turner Goodall that suit has been commenced against them by petition and attachment in said Court as above recited that their property has been attached and unless they appear at the next term of the Court which will be begun and held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue, if not then before end of the term judgment will be rendered against them and their property sold to satisfy the same and that this order be published in the State of Missouri for four successive weeks, the last insertion at least four weeks before the first day of the next term of this Court.
M.J. Hubble Clerk

p 645.
In the Circuit Court of Greene County, Mo., August Term 1863
Joel Phillips Plaintiff
vs
William T. Carter Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on three promissory notes, one dated 18th day of October 1859, payable to Plaintiff one day after date for the sum of $100 with interest at the rate of 10% per annum. On said note is endorsed a credit of $15 dated August 13th 1862. One note dated 1st day of November 1860 payable to Plaintiff one day after date for the sum of $100 with interest at the rate of 10% per annum. The other note dated 5th day of September 1859 payable to Plaintiff one day after date for the sum of $100 with interest at the rate of 10% per annum. The amount for which Plaintiff claims judgment after allowing all just credits and setoffs is $300 and interest thereon. Plaintiff also files his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court in vacation that publication be made in the Springfield Missourian, a newspaper published in the State of Missouri notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next August Term of the Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue if not then before the end of the term judgment shall be rendered against him and his property sold to satisfy the same.
M.J. Hubble Clerk

p 646.
In Circuit Court of Greene County, Mo., August Term 1863
Bedford W. Henslee & Jaspar N. Clark Plaintiffs
against
Shelton A. McKinney, Jesse S. McKinney,
bedford M. McKinney Defendants.
Now at this day comes the Plaintiffs and file their petition with the Clerk founded on a promissory note against Defendants dated 13th March 1960, payable on or before the 25th day of December 1861 for the sum of $300 bearing interest at the rate of 10% per annum from due until paid. The amount for which plaintiffs claim judgment after allowing all just credits and setoffs is $365, also, their affidavit stating that Defendants have absented themselves or absconded from their usual place of abode in this State so
(continued)

67
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
P 646 (continued)
that the ordinary process of Law cannot be served upon them. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made notifying said Defendants that an action has been commenced by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of this Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue, if not then before the close of said term and answer to Plaintiff's petition judgment will be rendered against them and their property sold to satisfy the same. It is further ordered that this order be published in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before first day of the next term of this Court.

p 647.
In the Circuit Court of Greene County, Mo., August Term 1863
Robert J. McElhaney, Clement Jaggard
& Horace Saunders Plaintiff
against
John N. Campbell, Leonidas A . Campbell Defendants
Now at this day comes the Plaintiffs and files their petition with the Clerk founded on a promissory note against Defendants dated March 30th 1859 payable to Plaintiffs one day after date for the sum of $508.98 with interest at the rate of 10% per annum, from January 1st 1859 until paid. The amount for which Plaintiffs claim judgment after allowing all just credits and setoffs is $713.82. Also, their affidavit stating that the Defendant, John N. Campbell is not a resident of the State of Missouri and that the Defendant Leonidas A. Campbell has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered that this order be published in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court.

p 647/648.
In the Circuit Court of Greene County, Mo., August Term 1863.
Enoch Jessup Plaintiff
vs
Eli Jessup, William M. Jessup Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated the 25th day of December 1861 for the sum of $200 with 10% interest after the 25th day December 1860. The amount for which the Plaintiff claims judgment after allowing all just credits and setoffs is $243.32. Also, his affidavit stating that the Defendant Eli Jessup has absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that this order be published in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court.

p 648/649.
In the Circuit Court of Greene County, Mo.,August Term 1863
Samuel A. Doss Plaintiff
against
John Turner Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a
(continued)

68
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 648/649 (continued)
promissory note against Defendant dated March 25th 1861 payable one day after date to Plaintiff for the sum of $300 with 10% interest from date until paid. The amount for which Plaintiff claims judgment after allowing all just credits and setoffs is $300 and interest from the 25th March 1861 also his affidavit stating that the Defendant is non-resident of this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited, that his property is about to be attached and unless he appears at the next term of this Court which will be held the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the Same, and that this order be pub1ished in the Springfield Missourian, a newspaper published in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court.

p 649.
In the Circuit Court of Greene County, Mo.,August Term 1863
Robert J. McElhaney, Clement Jaggard
& Horace Saunders Plaintiffs
vs
Leonidas A. Campbell Defendant
Now at this day comes the Plaintiffs and files their petition with the Clerk founded on a promissory note against Defendant dated March 21st 1861 payable one day after date to McElhaney, Jaggard and Co., for the sum of $204.75 with interest at the rate of 10% from January 1st 1861 until paid and on failure to pay said interest annually the sameto become principal and thereafter bear same rate of interest as the principal. The amount for which the Plaintiffs claim judgment after allowing all just credits and setoffs is $246 also his affidavit stating that the Defendant has absconded from his usual place of abode in the State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited. That his property is about to be attached and unless he appears at the next term of the Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue, if not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same, and further ordered that this order be published in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court.

p 650.
In the Circuit Court of Greene County, Mo., August Term 1863
The State of Missouri, County of Greene-
Joseph Farrier Plaintiff
against
John Lair & Lemuel H. Freeman Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a promissory not against Defendants dated July 16th 1858 payable one day after date to Plaintiff for the sum of $2252.60 with interest at the rate of 10% per annum from date on said note is credit of $450.50 dated July 16th 1860. The Plaintiff claims judgment after allowing all just credits and setoffs for the sum of $2793.21 also his affidavit stating that (continued)

69
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 650 (cont.)
the Defendants have absented themselves from their usual places of abode in this State so that the ordinary process of law cannot be served upon them. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited. That their property is about to be attached and unless they appear at the next term of the Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue, if not, then before the end of the term judgment will be rendered against them and their property sold to satisfy the same, and further that this order be published in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court.

p 651.
In the Circuit Court of Greene County, Mo.,August Term 1863
Stephen Samuel Plaintiff
against
Jesse S. McKinney & Shelton A.
McKinney Defendants
comes the Plaintiff and files his petition with the Clerk founded on a promissory note against Defendants dated May 16th 1859 payable to Plaintiff 12 months after date for the sum of $200 with interest at the rate of 10% per annum from date. On said note is a credit of $75 dated the 22nd March 1861. Plaintiff claims judgment after allowing all just credits and setoffs for the sum of $187.86. Also, his affidavit stating that the Defendants have absented themselves from their usual place of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of said Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term judgment will be rendered against them and their property sold to satisfy the same, and further that this order be published in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court.

p 651/652.
In the Circuit Court of Greene County, Mo., August Term 1863
State of Missouri, County of Greene.
James G. Dollison & James C. Franklin
administrators of the estate of
James Dollison, deceased Plaintiffs
against
George L. Mitchell Defendant
Comes the Plaintiffs and files their petition with the Clerk founded on a promissory note against Defendant dated the 28th day of November 1859 payable to one James DollisonNow deceased on or before the first day of June, next, ensuing for the sum of $100 bearing interest at the rate of 10% per annum until paid. Also, their affidavit stating that the Defendant is a non-resident of the State of Missouri so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made notifying said Defendant that suit
(continued)

70
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 651/652 (continued)
has been commenced against him in said Court as above recited that his property is about to be attached and unless he appears at the next term of said Court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term shall so long continue, if not then before the end of the term judgment will be rendered against him and his property sold to satisfy the same, and further that this order be published in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court.

p 652/653.
In the Circuit Court of Greene County, Mo., August Term 1863
Bank of the State of Missouri Plaintiff
vs
Elisha Headlee, public admin on
estate of Martin J. McQuigg, dec'd.
Robert A. Abernathy & A.N. Small Defendants
Comes the Plaintiff and files his petition with the Clerk founded on a Bill of Exchange dated 27th day of March 1861 payable four months after date thereof at the Branch of the State of Missouri at Springfield for the sum of $800. The amount for which Plaintiff claims judgment after allowing all just credits and setoffs is $800 and interest from four months after the date of said Bill of Exchange and also for $32 damage for non-payment of the same. Also, his affidavit Stating that one of the Defendants, to wit, Robert A. Abernathy, has absented himself from his usual place of abode in this-State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Clerk of said Court, in vacation, that publication be made notifying the said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that their property is about to be attached and unless they appear at the next term of said court which will be held on the first Monday in August 1863 and on or before the third day thereof if the term so long continue, if not then before the end of the term judgment will be rendered against-them and their property sold to satisfy the same, and further that this order be published in the Springfield Journal, a newspaper published in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court.

p 653.
State of Missouri in Circuit Court
County of Greene, 1863, August Term 1863.

The State of Missouri to the use and for the
benefit of Peter Hayden and Pollock Wilson,
partners in trade doing business under the
firm name of Hayden and Wilson Plaintiffs
against
James S. Jones Defendant
Now at this day comes the Plaintiff and files petition with the Clerk founded on a penal bond to the State of Missouri for the sum of $8700 conditioned that the said James S. Jones assignee of J.F.Brown and Brown and Warren aforesaid and faithfully execute the trust confided to him through the said Bond to be void otherwise to remain in full force, also an affidavit stating that the said James S. Jones has absconded from his usual place of abode in this State so that the usual process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court in vacation, that publication be made notifying said Defendant that an action has been
(continued)

71
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 653 (continued)
commenced against him by petition in said Court as above recited that unless he appear at the next term of this Court which will be held on the first Monday of August 1863 and on or before the 6th day thereof judgment will be rendered against him and his property sold to satisfy the same and that this order be published in the Springfield Missourian, a newspaper published in the State of Missouri, for four successive weeks the last insertion to be at least four weeks before the first day of the next term of this Court.
M.J. Hubble Clerk

p 654.
In the Circuit Court of Greene County, Mo., August Term 1863
Harrison J. Lindenbower Plaintiff
vs
Nicholas F. Jones Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk stating that the Defendant without leave and wrongfully took from Plaintiff one set of Abstracts of the Titles of Real Estate in County and State aforesaid by which said Plaintiff says he is damaged to the amount of $5000 also an affidavit Stating that the said Nicholas F. Jones has absconded or absented himself from his usual place in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made notifying said Defendant that an action has been commenced against him by petition in said Court as above recited that unless he appear at the next term of this Court which will be held on the first Monday of August 1863 and on or before the 6th day thereof judgment will be rendered against him and his property sold to satisfy the same and that this order be published in the Springfield Missourian, a newspaper published in the State of Missouri for four successive weeks the last insertion to be at least four weeks before the first day of the next term of this Court.
M.J. Hubble Clerk

p 654/655.
In the Circuit Court of Greene County, Mo., August Term 1863.
Eli L. Bray Plaintiff
vs
Thomas Abernathy, William Spillman,
Alexander Spillman Defendants
Now at this day comes the Plaintiff and files with the Clerk his petition founded on two promissory notes, one for $74.09 dated September 24th 1860 bearing 10% interest per annum. The other for the same amount and date bearing same rate of interest. Also, his affidavit stating that the Defendants had absconded or absented themselves from their usual place of abode in this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk, in vacation, that publication be made notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited that unless they appear at the next term of this Court which will be held on the first Monday of August 1863 and on or before the 6th day thereof judgment will be rendered against them and their property sold to satisfy the same and that this order be published in the Springfield Missourian, a newspaper published in the State of Missouri for four successive weeks the last insertion to be at least four weeks before the first day of the next term of this Court.
M.J. Hubble Clerk

72
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 655.
In Circuit Court Greene County, Mo. August Term 1863.
Eli L.Bray Plaintiff
vs
Thomas Abernathy & William Spillman Defendants
Now at this day comes the Plaintiff and files with the Clerk his petition founded on a promissory note against Defendants dated January 2nd 1861 payable on one day after to Plaintiff for the sum of $158.75 bearing 10% interest per annum. Plaintiff states that note and interest are yet due him and asks judgment therefor also his affidavit stating that Defendants are not residents of the State of Missouri and have absconded or absented themselves from their usual place of abode so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the undersigned Clerk, in vacation, that publication be made notifying said Defendants that an action has been commenced against them by petition and attachment in said Court as above recited and that their property is about to be attached and unless they appear at the next term of this Court which will commence on the first Monday in August 1863 and on or before the third day thereof answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against them and their property sold to satisfy the same. And it is further ordered that this order be published in the Springfield Missourian, a newspaper published in the State of Missouri, for four succesive weeks, the last insertion at least four weeks before the first day of the next term of this Court.
M.J. Hubble Clerk

Bank of Missouri Plaintiff
vs
George Creson, Joshua Creson &
W.W. Jeffries Defendants
Now at this day comes the Plaintiff and pays the cost and dismisses this suit.

p 656.
In Circuit Court Greene County, Mo. August Term 1863.
Lindsey Nichols, administrator on estate
of William Lower, deceased Plaintiff
against
James T. Abernathy, Pike Bayless &
Jesse M. Redfearn Defendants
Now at this day comes the Plaintiff and files his petition with the Clerk founded on two promissory notes against Defendants dated September 9th 1859 and payable twelve months after date to Plaintiff as administrator on the estate aforesaid. One for the Sum of $150 with interest at the rate of 10% per annum from maturity until paid, on the Back of which is endorsed a credit of $10 dated September 12th 1860. The other for $140 bearing interest at 10% from maturity until paid. Plaintiff claims judgment for the Balance of said notes and interest thereon aforesaid. Plaintiff also files his affidavit stating that James W. Abernathy one of the Defendants is a non-resident of the State of Missouri. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made notifying said J.T. Abernathy that suit has been commenced against him in said Court as above recited and unless he appears at the next term of this Court which will be held on the first Monday in August, next, and on or before the sixth day if the term shall so long continue, if not, then before the end of the term and plead, answer or demur to Plaintiff's petition the same will be taken as confessed, and it is further added that this order be published in the state of Missouri four successive weeks, the last insertion to be at least four weeks before the first day of the present term of this Court.

73
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 656/657.
In Circuit Court Greene County, Mo. August Term 1863.
Joseph R. Douglass Plaintiff
against
Leonidas C. Campbell Defendant
Comes the Plaintiff and files his petition with the Clerk founded on a demand against Defendant for damages sustained by Plaintiff by the taking and carrying away without leave by the Defendant certain property belonging to Plaintiff, viz: 2 iron gray mules for which Plaintiff claims damages in the sum of $300. Also, his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the undersigned Clerk of said Court, in vacation, that publication be made in the Springfield Missourian notifying said Defendant that an action has been commenced against him by petition and attachment in said Court as above recited that his property is about to be attached and unless he appears at the next August term of the Court which will be held on the first Monday in August 1863 and on or before the third day thereof, if the term shall so long continue, if not, then before the end of the term judgment will be rendered against him and his property sold to satisfy the same.
M. J. Hubble Clerk
by E.M. Hendrick D.C.

p 657/658.
In Circuit Court Greene County, Mo. August Term 1863
Jesse M. Redfearn Plaintiff
against.
Leonidas C. Campbell Defendant
Now at this day comes the Plaintiff and files his petition with the Clerk founded on a demand against Defendant for damages sustained by Plaintiff by the taking and carrying away, without leave, feloniously and wrongfully on the 28th day of November 1861 the following property of the Plaintiff, viz: one bay mule and one dark brown mule one set of wagon grease and one two-horse wagon by which Plaintiff claims damage to the amount of $600. Also, his affidavit stating that the Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made notifying said Defendant that suit has been commenced against him in said Court as above recited and unless he appears at the next term of this Court which will be held on the first Monday in August 1863 and on or before the sixth day thereof, if the term shall so long continue, if not, then before the end of the term and plead, answer or demur to Plaintiff's petition the same will be taken as confessed. And it is further ordered that this order be published in the Springfield Journal, a newspaper printed in the State of Missouri, for four successive weeks, the last insertion to be at least four weeks before the first day of the next term of this Court.

p 658.
In Circuit Court Greene County, Mo. August Term 1863
Reuben bearman, Turnbull G. Russell,
George G. Schoolfield and George W.
Parker in the name and style firm &
description of Parker Russell & Co. Plaintiffs
against.
Richard B. Coleman & Patrick R. Smith Defendants
Now at this day comes the Plaintiffs and having heretofore filed their petition with
(continued)

74
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1863
IN VACATION
p 658 (cont)
the Clerk the object of which is to obtain judgment against Defendants dated July 10th 1860 and payable to Plaintiffs on or before the 26th day of December next ensuing the date note for the sum of $744.74 with interest at the rate of 10% per annum from date, and files their affidavit stating that the Defendant, Patrick R. Smith, has absconded or absented himself from his usual place of abode in this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made notifying said Defendant that suit has been brought against him in said Court as above recited and unless he appears at the next term of the Court, which will be held On the first Monday in August, next, and on or before the third day thereof, plead, answer or demur to Plaintiff's petition the same will be taken as confessed. It is further ordered that this order be published in the Springfield Missourian, a newspaper published in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court.

Charles Sheppard, J.B. Kimbrough
and E.L. Weaver Plaintiffs
vs                                                   Civil Action
John W. McQuigg Defendant
Now at this day comes the Plaintiff and dismisses this suit.

p 659.
In Circuit Court Greene County, Mo. August Term 1863
Wayman Crow, Phocion R. NcCreery, William A.
Hargadine, George D. Appleton and Hugh McKittrick,
in the name and style firm and description of
Crow McCreery and Co Plaintiffs
against.
Robert G. Abernathy, Robert A. Abernathy
and Daniel F. Abernathy Defendants
Now at this day comes the Plaintiffs and having heretofore filed their petition with the Clerk founded on a promissory note against Defendants dated February 18th 1859, payable to Plaintiffs six months after date for the sum of $3657.17 with interest after maturity at the rate of l0% per annum. On said note are credits as follows, one of $1025.15 dated 23rd May 1859, one of $1025.60 dated 24th September 1859, one of $1009.70 dated 10th May 1860. one of $216.20 dated July 2nd 1860, one of $975 dated July 30th 1860. The amount for which Plaintiffs claim judgment, after allowing all just credit and set-offs is $1263.40 exclusive of interest. Plaintiffs also file their affidavit Stating that the Defendants are not residents of this state. It is therefore ordered by the Clerk of said Court, in vacation, that publication be made notifying said Defendants that an action has been commenced against them by petition and that attachment in said Court as above recited, that their property has been attached and unless they appear at the next term of the Court which will be held on the first Monday in August 1863 and on or before the third day thereof and answer to Plaintiff's petition Judgment will be rendered against them and their property sold to satisfy the Same. And further ordered that this order be published in the Springfield Missourian, a newspaper published in the State of Missouri, for four weeks successively, the last insertion to be at least four weeks before the first day of the next term of this Court.

75

In Vacation Cases Continued
Table of Contents