Abstract of Circuit Court Record Books January 1865 - End of 1865

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

January Term 1865 In Vacation

p 183.
In the Circuit Court of Greene County Missouri
to July Term thereof A.D. 1865 In Vacation.

Wayman Crow, William A. Hargardine,
George D. Appleton, Hugh McKittrick,
surviving partners of the firm of
Crow, McCreery and Co. Plaintiffs
against
William G. Evans, Thomas B. Morgan and
Eber Compton, composing the firm
of Evans, Morgan & Co. Defendants
Now at this day comes the Plaintiff in the above entitled cause, in vacation, before the Clerk of the Greene Circuit Court and file their petition and affidavit, stating amongst other things, that the above named Defendants are non-residents of the State of Missouri. It is therefore ordered by the Clerk aforesaid that publication be made notifying said Defendants that an action has been commenced against them by petition and attachment in the Greene Circuit Court of Greene County in the State of Missouri, founded on a promissory note, executed and delivered by Defendants to the firm of Crow, McCreery and Co for the sum of $1329.44 dated September 22nd 1860, due in 6 months with interest from due at 10% and that unless they, the said Defendants, be and appear at the next term of said Court, to be holden at the Court House in Springfield, in the County and State aforesaid on the second Monday in July A.D. 1865 and on or before the third day thereof (if the term shall so long continue and 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, judgment rendered against them and their property which has in this cause been attached, sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Journal, a newspaper published in this State for four weeks successively, the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.

41
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
P 183/184.
In the Circuit Court of Greene County, Missouri to July Term thereof A.D. 1865. In Vacation.

Fidelio S. Jones as adminr of
the estate of Wilson Hackney, dec'd Plaintiff
vs
William C. Price Defendant
Now at this day comes Fidelio S. Jones the Plaintiff in the above entitled cause before the undersigned Clerk of the Circuit Court of Greene County, Missouri, in vacation and files his petition and affidavit stating amongst other things, that the above named Defendant, William C. Price, is not a resident of this State. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying him that an action has been commenced against him in the Circuit Court of Greene County, Missouri, to foreclose the Equity of Redemption of the said Defendant in and to Lots No one, two, three and four in Block Four in Price's Addition to the City of Springfield, which said real estate was mortgaged to Wilson Hackney, now deceased, to secure the payment of a note given by the said Defendant to the said Hackney dated 28th May 1861 payable one day after its sale to said Hackney on order for $460.73 with interest at the rate of 10% per annum and the Plaintiff states said mortgaged property is insufficient to satisfy said debt and prays an attachment against the property of the said Defendant and attachment has been issued by the Clerk aforesaid and the amount sworn to is $633.12 and that the property of the said Defendant is about to be attached and that he be and appear at the next term of said Court to be holden at the Court House in Springfield in said County on the second Monday of July A.D. 1865 and on or before the 6th day thereof (if the term shall so long continue and if not then before the end of the term) judgment will be rendered against him and the Equity of Redemption in said Lots foreclosed and his property sold to satisfy said judgment. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a newspaper published in this State for four weeks successively, the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.

p 184.
In the Circuit Court of Greene County, Missouri.
George R. Barrett Plaintiff
against
Benjamin Hardin Defendant
Now at this day comes the Plaintiff in the above entitled cause, before the undersigned Clerk, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendant is a nonresident of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendnt, Benjamin Hardin, that an action has been commenced against him by petition in the Circuit Court of Greene County in the State of Missouri founded on an account for medical attendance and medicines in the sum of $161, and that unless he be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July A.D. 1865 and on or before the third day thereof (if the term shall so long continue and if not then before the end of the term) judgment will be rendered against him and the Equity of Redemption in said Lots foreclosed and his property sold to satisfy said judgment. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a newspaper published in this State for four weeks successively, the last insertion thereof to be at least 4 weeks before the commencement of the next term of said Court.
M.J. Hubble, Clerk
by H.L. Trantham D.C.

42
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
p 185.
In the Circuit Court of Greene County, Missouri
Edwin .T. Robberson Plaintiff
against
Jasper Robberson, Ella Robberson,
William R. Robberson and
Asbury F. Robberson Defendants
Now at this day comes the Plaintiff in the above entitled cause, before the undersigned Clerk, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendants, Jasper Robberson, Ella Robberson, Netty Robberson, William R. Robberson and Asbury F. Robberson are non-residents of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendants that an action has been commenced against them by petition in the Circuit Court of Greene County, State of Missouri, for the partition and division of the following real estate situate in said County viz the SW 1/4 the W 1/2 of SE 1/4 the SW 1/4 of NE 1/4 and that part of the NW 1/4 described as beginning at the SE corner of NW 1/4 , running thence West 134 poles, thence North 27 poles, thence East 134 poles, thence South 27 poles to beginning, all situate in Township 30 Range 22W and that unless said Defendants be and appear at the next nerm of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July A.D. 1865 and on or before the third day thereof (if the term shall so long continue and 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 judgment by default will be rendered and partition made of said land according to the prayer of Plaintiff's petition. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a newspaper published in this State for four weeks successively, the last insertion thereof to be at least 4 weeks before the commencement of the next term of said Court.
M.J. Hubble, Clerk
by H.L. Trantham D.C.

p 185/186.
In the Circuit Court of Greene County, Missouri July Term 1865
Robert J. McElhaney and
William J. McDaniel Plaintiffs
against
Benjamin C. Perkins Defendant
Now at this day comes the Plaintiffs in the above entitled cause, before the undersigned Clerk, in vacation, and files their petition and affidavit stating amongst other things that the above named Defendant is not a resident of this State, so that the ordinary process of Law cannot be served upon him. It is therefore considered by the Clerk in vacation that publication be made notifying said Defendant Benjamin C. Perkins that an action has been commenced against him by petition and attachment in the Circuit Court of Greene County in the State of Missouri, founded on a promissory note for the sum of $100 dated October 31st 1859, payable 11 months after date with interest at the rate of 10% per annum after maturity and on failure to pay said interest annually it shall become principal and thereafter bear the same rate of interest as the principal and that unless he be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the 2nd Monday in July A.D. 1865 and on or before the 3rd day thereof (if the term shall so long continue and 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 judgment by default will be rendered and partition made of said land according to the prayer of Plaintiff's petition. It is further ordered that a copy hereof be published in the Springfield Journal, a newspaper published in this State for four weeks successively, the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.
M.J. Hubble Clerk
by H.L. Trantham D.C.

43
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
p 186/187
In the Circuit Court of Greene County, Mo. July Term 1865.

James F. Hardin Plaintiff
against
Solomon Sturgis Defendant
Now at this day comes the Plaintiff in the ahove entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit, stating amongst other things, that the above named Defendant is a nonresident of this State. It is therefore ordered by the Clerk aforesaid,in vacation, that publication be made notifying said Defendant, Solomon Sturgis, that an action has been commenced against him by petition in the Circuit Court of Greene County, in the State of Missouri, founded on a promissory note signed by the Defendant, dated about the 1st day of August 1863, due one day after date, bearing 10% interest per annum from date for the sum of $250 payable to James F. Hardin which said note is alleged to be lost or destroyed, and that unless he be and appear at the next term of said Court at the Court house in Springfield in the County and State aforesaid on the 2nd Monday in July A.D. 1865 and on or before the 3rd day thereof (if the term shall so long continue and 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 judgment will be rendered against him for the said sum of $250 and interest thereon according to the allegations of said petition. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a newspaper published in this State for four weeks successively, the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.
M.J. Hubble, Clerk
by H. L. Trantham D.C.

p 187/188.
In the Circuit Court of Greene County, Missouri

John S. Holland Plaintiff
against
Turner Goodall Defendant
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit, stating amongst other things, that the above named Defendant has absconded or absented himself from his usual place of abode in this State so that the ordinary process of law cannot he served upon him. It is ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendant that an action has been commenced against him by petition and attachment in the Circuit Court of Greene Cotrnty in the State of Missouri founded on a promissory note for the sum of $75 payable to Samuel PinkIe and assigned to Plaintiff dated March 14th 1860 with interest at 10% after maturity and his property is about to be attached and that unless he be and appear at the next term of said Court, to be holden at the Court House in Springfield in the County and State aforesaid on the 2nd Monday in July A.D.1865 and on or before the 3rd day thereof (if the term shall so long contirnie and 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 ludguient rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot. a newspaper published in this State for four weeks successively, the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.
M.J. Hubble, Clerk
by H.L. Trantham D.C.

p 188.
Washington Merritt Plaintiff
against
Samuel Kagarice, George Thomas
& David Yount Defendants
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit, stating amongst other things,
(continued)

44
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
p 188 (cont.)
that the above named Defendants and each of them are not residents of this State. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendants that an action has been commenced against them by petition in the Circuit Court of Greene County, in the State of Missouri, founded on a promissory note signed by the Defendants for the sum of $200 dated January 29th 1861 and that their property is about to be attached and that unless they be and appear at the next term of said Court at the Court House in Springfield in the County and State aforesaid on the second Monday in July A.D. 1865 and on or before the third day thereof (if the term shall so long continue and 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 judgment will be rendered against them for the said sum of $200 and interest thereon according to the allegations of said petition. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a newspaper published in this State for four weeks successively the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.

p 189/190.
Hardy C. White Plaintiff
against
Gabriel W. Freeman Defendant
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit, stating amongst other things, that the above named Defendant, Gabriel W. Freeman, is a non resident of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendant that an action has been commenced against him by petition in the Circuit Court of Greene County, in the State of Missouri, the nature and object of which is to obtain a conveyance by the said Defendant to said Plaintiff with general warranty of the following described real estate situate in Greene County, Missouri, to wit The E 1/2 of Lot No seven (7) of the NE fcl 1/4 of Section four (4) in Township No 29 Range 22, also, a tract of land bounded as follows - beginning at the NW corner of the NW fcl 1/4 of Section No 3, thence South 107 poles, thence East 4l 1/2 poles, thence North 107 poles thence West 41 1/2 poles to the beginning all in Township 29 Range 22 and that unless said Gabriel W. Freeman, the Defendant, be and appear at the next term of said Court, to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July A.D. 1865 and on or before the third day thereof (if the term shall so long continue and 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 judgment will be rendered against him. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a newspaper published in this State for four weeks successively the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.

p 190/191.
John S. Kimbrough Plaintiff
against
Joseph B. Kimbrough Defendant
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk, in vacation, and files his petition and affidavit, stating amongst other things, the above named Defendant, Joseph B. Kimbrough, is a nonresident of the State of Missouri. It is ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendant, Joseph B. Kimbrough, that an action has been commenced against him by petition and attachment in the Circuit Court of Greene County in the State of Missouri, the nature and object of which is to recover the sum of $265.95 for so much money (on the 26 January 1865) paid by the Plaintiff in part satisfaction
(cont)

45
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
p 190/191 (cont.)
of a judgment heretofore rendered by the Greene County Missouri Circuit Court in favor of Joseph B. Brade, then Plaintiff, and against the said Defendant, the Plaintiff and Charles Sheppard said judgment rendered on a note in which said note the said Sheppard and the Plaintiff were the securities of the said Defendant and that unless the said Defendant be and appear at the next term of said Court, to be holden at the Court House in Springfield, Missouri, in the County aforesaid on the second Monday in July A.D. 1865 and on or before the third day thereof (if the term shall so long continue and 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 judgment will be rendered against him. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a newspaper published in this State for four weeks successively the last insertion there of to be at least four weeks before the Commencement of the next term of said Court.

p 191.
James S. McQuerter, admin of the estate of
Alexander Bates, deceased & Ophelia Z.,
Charles P., Margaret L., Golden 0.,
Leilian M. and James A. Bates, children
and minor heirs of said decedent by their
next friend, James W. McQuerter Plaintiffs
against
Thomas J. Weaver Defendant
Now at this day comes the Plaintiffs by their next friend and attorney, in the above entitled cause, before the undersigned Clerk of the Circuit Court of Greene County, Missouri, in vacation, and file their petition stating amongst other things that the Defendant, Thomas J. Weaver, in the above entitled cause is a nonresident of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying him that an action has been commenced against him by petition in the Circuit Court of Greene County, Missouri, founded on a titlebond and contract made by Alexander Bates, deceased, with said Defendant Thomas J. Weaver, whereby said Defendant contracted and agreed to convey to said deceased the following described land situate in Greene County, Missouri, to wit: Beginning at the NE corner of the NW 1/4 of Section 14 Township 29 Range 22, running thence West 40 rods, thence South 40 rods, thence East 40 rods, thence North 40 rods to the beginning. Plaintiffs state that the quarter portion of the purchase money has been paid and ask the said Circuit by its decree to vest the Title to said land in Plaintiffs and tender in Court the remining purchase money and interest for said land and that unless he be and appear at the next term of said Court to be holden on the second Monday in July 1865, at the Court House, Springfield, in said County and State (and on or before the sixth day of said term, if the same shall so long continue, and if not then before the end of the term) and plead, answer or demur to Plaintiff's petition, the same sill be taken as confessed, vesting the said land and the Title thereof in Plaintiffs as the heirs and legal representatives of the said Alexander Bates, deceased. It is further ordered that a copy hereof be published in the Springfield Journal, a weekly newspaper printed in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the next term of this Court.

p 192.
In the Circuit Court of Greene County, Missouri to the July Term thereof A.D. 1865. in vacation.

Joseph S. Moss, as surviving partner
of the late firm - of J.S. Moss & Co,
which firm was composed of Joseph S.
Moss & Daniel D. Berry, now deceased,
and as admin of estate of
Daniel D. Berry, deceased Plaintiff
(continued.)

46
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
January Term 1865
p 192 (continued)
against
Brady Dickerson, Margaret Dickerson,
his wife, Henry Sheppard and John S.
Kimbrough Defendants
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk of Greene County, in vacation, and files his petition and affidavit stating amongst other things that two of the above named Defendants, S. Brady Dickerson and Margaret Dickerson, his wife, are not residents of this State. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying them that an action has been commenced against them in the Circuit Court of Greene County, Missouri, to foreclose the Equity of Redemption of the said S. Brady Dickerson and Margaret Dickerson, his wife, in and to a certain house and lot situate lying and being in the city of Springfield, County of Greene and State of Missouri and beginning at Lewis Stephens' SE corner, thence South with Charles Sheppard's East boundary line 12 poles and 15 links to a stake, thence Easterly 12 poles and 15 links, thence North to James Arnold's line, thence West 12 poles and 15 links to the beginning, being a part of Section 24 Township 29 Range 22, containing one acre more or less which said real estate was mortgaged to Joseph S. Moss and Daniel D. Berry to secure the payment of a note given by the said Defendants to the said Joseph Moss and Co dated June 20th 1861 payable 12 months after its date to said J.S. Moss and Co on order for $1172.57 with interest at the rate of 10% per annum and if the interest be not paid annually to become principal and bear the same rate of interest. And Plaintiff further states that he believes that Henry Sheppard and John S. Kimbrough claims to have a prior cumbrance on said real estate that the said Sheppard claimed to be owner of the Equity of Redemption in said premises. Now unless the said S. Brady Dickerson and Margaret Dickerson, his wife, be and appear at the next term of said Court to be holden at the Court House in Springfield in said County on the second Monday of July A.D. 1865 and on or before the sixth day thereof (if the said term shall so long continue, and if not then before the end of the Term) judgment will be rendered against them and the Equity of Redemption in said tract of land foreclosed and said property sold to satisfy said Judgment and all prior incumbrances and it is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a weekly newspaper printed in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the next Term of this Court.

p 193.
In the Circuit Court of Greene County, Missouri, to the July Term thereof A.D. 1865, in vacation,

Jasper Brown Plaintiff
against
Thomas Freeman, Henry Pace, Joseph B.
Love, Horatio McFarland, James Campbell,
John Campbell, Francis McCray, Boyd Fox,
James Jones, James Rowse, James Chambers,
William Campbell, James Jack and
Felix Lotspeich Defendants
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk of Greene County, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendants, Thomas Freeman, Henry Pace, Joseph B. Love, Horatio McFarland, James Campbell, John Campbell, Francis M.Mccray, Boyd Fox, James Jones, James Rowse, James Chambers, William Campbell, James Jack and Felix Lotspeich are non residents of this State. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendants, Thomas Freeman, Henry Pace, Joseph B. Love, Horatio McFarland, James Campbell, John Campbell, Francis McCray, Boyd Fox, James Jones, James Rowse, James Chambers, William Campbell, James Jack and Felix Lotspeich that an action has been commenced against them by.
(continued)

47
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 193 (continued)
petition and attachment in the Circuit Court of Greene County in the State of Missouri, the object and nature of which is to recover damages alleged to be due Plaintiff in his petition wherein the amount sworn to is $10,000 for wrongfully and unlawfully taking of the following described property belonging to Plaintiff and for the unlawful imprisonment of Plaintiff to wit: 4 head of horses of the value of $500, one hundred dollars money, 10 pistols and guns of the value of $250, also, clothing and blankets of the value of $100 and for unlawfully arresting Plaintiff and confining him in the State penitentiary at the city of Little Rock in the State of Arkansas for a period of 8 months and that unless the said Defendants be and appear at the next Term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July A.D. 1865 and on or before the 3rd day thereof (if the said term shall so long continue, and 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 judgment rendered against them. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a weekly newspaper printed in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the next Term of this Court.

p 194.
Jefferson Brown Plaintiff
against
Thomas Freeman, Henry Pace, Joseph B.
Love, Horatio McFarland, James Campbell,
John Campbell, Francis McCray, Boyd Fox,
James Jones, James Rowse, Mames Chambers,
William Campbell, James Jack
and Felix Lotspeich Defendants
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk of Greene County, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendants, Thomas Freeman, Henry Pace, Joseph B. Love, Horatio McFarland, James Campbell, John Campbell, Francis N. McCray, Boyd Fox, James Jones, James Rowse, James Chambers, William Campbell, James Jack and Felix Lotspeich are non-residents of this State. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendants, Thomas Freeman, Henry Pace, Joseph B. Love, Horatio McFarland, James Campbell, John Campbell, Francis McCray, Boyd Fox, James Jones, James Rowse, James Chambers, William Campbell, James Jack and Felix Lotspeich that an action has been commenced against them by petition and attachment in the Circuit Court of Greene County in the State of Missouri the object and nature of which is to recover damages alleged to be due Plaintiff in his petition wherein the amount sworn to is $10,000 for wrongfully and unlawfully taking of the following described property belonging to Plaintiff and for the unlawful imprisonment of Plaintiff viz 4 head of Horses of the value of $500, one hundred dollars money, 10 pistols and guns of the value of $250 also clothing and blankets of the value of $100 and for unlawfully arresting Plaintiff and confining him in the State penitentiary at the city of Little Rock in the State of Arkansas for a period of 8 months and that unless the said Defendants be and appear at the next Term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July A.D. 1865 and on or before the 3rd day thereof (if the said term shall so long continue, and 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 judgment rendered against them. It is further ordered that a copy hereof be published in the MissouriWeekly Patriot, a weekly newspaper printed in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the next Term of this Court.

48
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865 IN VACATION
p 195.
In the Circuit Court of Greene County, Missouri, to the July Term thereof A.D. 1865, in vacation,

Ebenezer Phillips Plaintiff
against
Felix Lotspeich Defendant
Now at this day comes the Plaintiff in the above entitled cause before the Clerk of said Court, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendant, Felix Lotspeich, that an action has been commenced. against him by petition and attachment in the Circuit Court of Greene County in the State of Missouri the object and nature of which is to recover damages from Defendant for wrongfully and unlawfully taking the following described property belonging to Plaintiff and described in Plaintiff's petition as one bay mare 15 hands high of the value of $150 and one bay horse of the value of $150 in which petition of Plaintiff the amount of damages sworn to is $500 and that unless said Defendant be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July A.D. 1865 and on or before the third day thereof (if the said term shall so long continue, and 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 Judgment rendered against him. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a weekly newspaper printed in the State of Missouri for four weeks successively, the last insertion to be at least four weeks before the next Term of this Court.

In the Circuit Court of Greene County, Missouri, to the July Term thereof A.D. 1865, in vacation.

Ebenezer Phillips Plaintiff
against
Benjamin Johnson Defendant
Now at this day comes the Plaintiff in the above entitled cause before the Clerk of said Court, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendant, Benjamin Johnson, is a nonresident of this State, It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendant, Benjamin Johnson, that an action has been commenced against him by petition and attachment in the Circuit Court of Greene County in the State of Missouri the object and nature of which is to recover damages from Defendant for wrongfully and unlawfully taking the following described property belonging to Plaintiff and described in Plaintiff's petition as one bay mare of the value of $150 and one gray horse of the value of $150, one saddle and bridle of the value of $40 in which said petition of Plaintiff the amount of damages sworn to is $600 and that unless said Defendant be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July A.D. 1865 and on or before the third day thereof Cif the said term shall so long continue, and 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 Judgment rendered against him. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a weekly newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the next Term of this Court.

p 196. In vacation, May 13th 1865.
In the Circuit Court of Greene County, Missouri, to the July Term thereof A.D, 1865, in vacation.
John D.Burkhart Plaintiff
against
(continued)

49
GREENE COUNTY, MISSOURI CIRCUIT COURT

BOOK G
JANUARY TERM 1865.
p 196 (continued)
Joseph Shelby, Henry Baker, Col, Crouch,
William P, McGinnis, William Robertson, John T. Coffee Defendants
Now at this day comes the Plaintiff in the above entitled cause before the Clerk of the Circuit Court, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendants are non-residents of this State. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendants, Joseph Shelby, Henry Baker, Col. Crouch, William F. McGinnis, William Robertson and John T. Coffee that an action has been commenced against them by petition and attachment in the Circuit Court of Greene County in the State of Missouri founded on a claim for damages wherein the amount sworn to is $5000 for false imprisonment and restraining Plaintiff of his liberty and the County of Newton in the State of Missouri and that unless said Defendants be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July A.D. and on or before the third day thereof (if the said term shall so long continue, and 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 Judgment rendered against them, It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a weekly newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the next term of this Court.

p 196/197/198,
In the Circuit Court of Greene County, Missouri, to the July Term thereof A.D. 1865, in vacation,

Nelson Burkhart Plaintiff
against
Samuel Miller, Samuel Welch, Thomas Livingston,
Jackman Stands, Mattie Cooper, Lafayette Price,
William Sparling, Isaac Jones, Bolin Smith,
Allen Russell, George Snider, Mark Snider,
Joseph Shelby, Sterling Price, William P. McGinnis,
William C. Snider, C.B. Churchill, Andrew Sparling,
Benjamin Samuel Walker, James P, Lamanie,
Col. Crouch, Thomas Monroe, William Monroe,
Simpson Monroe, William Robertson, James McElhaney,
O.B. Winters, Henry Baker, John Reding, Henderson Jennings,
William Burns, Rector Johnson, John T. Coffee, John Sherer,
Jackson Sparling, Berry Lane, James Mills, George Dickerson
Jonathan P. Smith, N, Burns, Brice Mayfield, Crack Mayfield,
Henry Bailin, James Blythe, Clark Wallace, Captain Raider,
Ransom Johnson, William R. Vestal, Richard Field, James
Field, E. Alexander, Eli Jones, William Ogden, J.H, Bryson,
Henry Liles, John Newport, William Maxey, John Maxey,
Jordan Black J, Phillips (alias Jack Phillips), Richard
Price, John Gibson, John Plummer, James Tate, John Bullard,
James Grant, Doctor Duval of Newtonia, Addison Brown,
Felix Ray, Joseph Thompson Defendants
Now at this day comes the Plaintiff in the above entitled cause before the Clerk of the Circuit Court, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendants are non-residents of this State, It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendants Samuel Miller, Samuel Welch, Thomas Livingston, Jackman Stand Mattie Cooper, Lafayette Price, William Sparling, Isaac Jones, Bolin Smith, Allen Russell, George Snider, Mark Snider, Joseph Shelby, Sterling Price, William P. McGinnis,
(Continued)

50
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G.
JANUARY TERM 1865
p 196/197/198 (continued)
William C. Snider, C.B, Churchill, Andrew Sparling, Benjamin Samuel Walker, William Monroe, Simpson Monroe, William Robertson, James McElhaney, O.B. Winters, Henry Baker, John Reding, Henderson Jennings, William Burns, Rector Johnson, John T. Coffee, John Sherer, Jackson Sparling, Berry Lane, James Mills, George Dickerson, Jonathan P, Smith, M, Burns, Brice Mayfield, Crack Mayfield, Henry Bailin, James Blythe, Clark Wallace, Captain Raider, Ranson Johnson, William R. Vestal, Richard Field, James Field, E. Alexander, Eli Jones, William Ogden, J.H, Bryson, Henry tiles, John Newport, William Maxey, John Maxey, Jordan Flack (J. Phillips alias Jack Phillips), Richard Price, John Gibson, John Plummer, James Tate, John Bullard, James Grant, Doctor Duvall of Newtonis, Addison Brown, Felix Ray, Joseph Thompson, that an action has been commenced against them by petition and publication in the Circuit Court of Greene Court in the State of Missouri founded on a claim for damages for unlawfully taking the following described property of Plaintiff and for false imprisonment of Plaintiff and restraining him of his liberty at the County of Newton in the State of Missouri. The amount of damages claimed in Plaintiff's petition being $75,000 that is to bag one ____ gray mare of the value of $200, one bay mare of the value of $150, bed clothing of the value of $50, 70 head of cattle of the value of $1500, 40 head of sheep worth $120, lot of leather of the value of $50 stove vessels of the value of $500, corn of the value of $150, oats of the value of $100, hay of the value of $50, fruit of the value of $200, and destroyed orchard of fruit worh $10,000, destroyed shade trees in yard worth $2000, 44 head of cattle worth $600, household furniture and goods of the value of $1500, - also, did burn and destroy blacksmith shop and tools worth and of the value of $300 and dwelling house of the value of $2000, also two other houses of the value of $3000 and school house of the value of $2000 and burned down and destroyed fence to the value of $10,000, tools of the value of $300 and one gun worth $12, 4 mules of the value of $1000, one reaper machine worth $150, 20 plows worth $160, farming implements worth $200, 11 bee hives worth $55, 4 steel traps worth $32, and did also destroy one wheat fan of the value of $2500 and did take one mare of the value of $125, also goods and furniture of the value of $2000 and destroyed 100 bushels wheat worth $100 and one garden of the value of $100, 300 pounds of bacon worth $30, 500 pounds of flour worth $15 and also leather of the value of $200 and did take and destroy one grocery. Store and contents of the value of $300, one wagon and harness worth $175, cows and calves worth $120, one mule worth $200, one shotgun of the value of $25 and did also destroy a garden and field of potatoes of the value of $200, also a nursery of peach trees of the value of $50 and orchard of value of $500, 150 head of hogs worth $750 4 head of colts worth $300 and did also unlawfully arrest the said Plaintiff and beat and wounded and ill treat him and that unless the said Defendants be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July A.D. 1865 and on or before the third day thereof (if the said term shall so long continue, and 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 Judgment rendered against them. It is further ordered that a copy hereof be published in the Weekly Missouri Patriot, a weekly newspaper printed in the State of Missouri for four weeks successively the last insertion to be at least four weeks before the next term of this Court.

p 198/199.
S.M. Crews Plaintiff
vs
David Tutt Defendant
Now at this day comes Plaintiff in the above entitled cause before the Clerk of the Greene Circuit Court, in vacation, and files his affidavit stating that he is entitled
(continued)

51
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G.
JANUARY TERM 1865
p 198/199 (continued)
to the possession of the following specific personal property viz one dark irongray horse about l5 1/4 hands high 6 or 7 years old of the value of $200 which the Defendant wrongfully detains from the Plaintiff. It is therefore ordered by the Clerk as afore said that the Defendant be required to deliver the property specified in the affidavit to the Sheriff and if the same be not delivered the Sheriff is required to take it from Defendant and deliver it to Plaintiff.

p 199.
Barton Cameron Plaintiff
against
Joseph Smith Defendant
Now at this day comes the Plaintiff in the above entitled cause, before the Clerk of the Circuit Court, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendant, Joseph Smith, is not a resident of this State. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendant that an action has been commenced against him by petition and publication in the Circuit Court of Greene County, in the State of Missouri, founded on claim for damages, wherein the amount sworn to in Plaintiff's petition is $150 for unlawfully taking the following described property of Plaintiff's viz 100 bushels of Corn of the Value of $100, at the County of Greene and State of Missouri, and that unless the said Defendant be and appear at the next term of said Court to be bolden at the Court House in Springfield, in the County and State aforesaid on the 2nd Monday in July A.D. 1865 and on or before the third day thereof (if the term shall so long continue, and if n0t then before the end of the term) and plead, answer or demur to Plaintiff's petition, the same will be taken as confessed and judgment rendered against him. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a newspaper published in this State for four weeks successively, the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.

p 199/200.
Catherine Williams Plaintiff
against
Benjamin C. Hardin and
Morris R. Hardin Defendants
Now at this day comes the Plaintiff in the above entitled cause, before the Clerk of the Circuit Court, in vacation, and files her petition and affidavit stating amongst other things that the above named Defendants are non-residents of the State of Missouri. It is therefore ordered by the Clerk aforesaid that publication be made notifying said Defendants that an action has been commenced against them in the State of Missouri founded on a promissory note for the sum of $100 dated November 20th 1860 due by the first of March 1861 bearing 10% interest from maturity with two credits endorsed thereon for $20 each dated respectfully April 1st 1861 and July 1st 1863 and that unless the said Defendants be and appear at the next term of said Court to be holden at the Court Rouse in Springfield in the County and State aforesaid on the second Monday in July A,D. 1865 and on or before the third day thereof (if the term shall so long continue, and 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. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a newspaper published in this state for four weeks successively, the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.

52
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
In the Circuit Court of Greene County, Mo.
p 200.
Rufus A. John & Morris & M.M. McClure,
a firm comprising M,M, McClure and Co. Plaintiffs
against
Turner Wodall & Thomas D. Wooten Defendants
Now at this day comes the Plaintiff in the above entitled cause, before the Clerk of the Circuit Court, in vacation, and files their petition and affidavit stating amongst other things that the above named Defendants are non-residents of the State of Missouri, It is therefore ordered by the Clerk aforesaid that Publication be made notifying said Defendants that an action has been commenced against them by petition in the Circuit Court of Greene County in the State of Missouri founded on a promissory note for the sum of $42.63 dated December 30th 1855, due one day after date with interest from due at 10% per annum and also on a lost note for the sum of $41.28 dated about November 30th 1859 due in one day with interest (as on the 1st named note) and with a credit dated August 30th 1863 of $32.75 and that unless the said Defendants be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the 2nd Monday in July A.D. 1865 and on or before the 3rd day thereof (if the term shall so long continue, and 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. It is further ordered that a copy hereof be published in the Missouri Weekly Patriot, a newspaper published in this State for four weeks successively, the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.

p 201.
James Wood Plaintiff
against.
Benjamin C. Hardin & Morris R, Hardin Defendants
Now at this day comes the Plaintiff in the above entitled cause, before the Clerk of the Circuit Court, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendants are non-residents of the State of Missouri. It is therefore ordered by the Clerk aforesaid that publication be made notifying said Defendants that an action has been commenced against them by petition in the Circuit Court of Greene County, in the State of Missouri, founded on a promissory note for the sum of $80 due one day after date with interest from date at the rate of 10% per annum and dated May 1st 1859 and that unless the said Defendants be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July, A.D. 1865, and on or before the third day thereof (if the term shall so long continue, and 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, It is further ordered that a copy hereof be published in the Weekly Missouri Patriot, a newspaper published in this State for four weeks successively, the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.

Landon Niel Plaintiff
against
Nathaniel Anderson Defendant
Now at this day comes the Plaintiff in the above entitled cause, before the Clerk of the Circuit Court, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendant is non-resident of the State of Missouri. It is therefore ordered by the Clerk aforesaid that publication be made notifying said Defendant, Nathaniel Anderson, that an action has been commenced against him in the Circuit Court of Greene County in the State of Missouri, founded on a claim for damages for wrongfully and without leave, taking the following described property of Plaintiff,
(continued)

53
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
January Term 1865
p 201 (continued)
to wit: two mules, wagon and harness of the value of $500 and for which the Plaintiff claims $1000 for damages, and that unless the said Defendant be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July A.D. 1865 and on or before the third day thereof (if the term shall so long continue, and if not then before the end of the term) and Plead answer or demur to Plaintiffs petition the same will be taken as confessed. It is further ordered that a copy hereof be published in the Weekly Missouri Patriot, a newspaper published in this State, for four weeks successively the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.

p 202.
John E. Dotson Plaintiff
against
Nathaniel Anderson Defendant
Now at this day comes the Plaintiff in the above entitled cause, before the Clerk of the Circuit Court, in vacation, and files his petition and affidavit stating amongst other things that the above named Defendant is nonresident of the State of Missouri. It is therefore ordered by the Clerk aforesaid that publication be made notifying said Defendant, Nathaniel Anderson, that an action has been commenced against him by petition in the Circuit Court of Greene County, in the State of Missouri, founded on a claim for damages for wrongfully taking of the following described property of Plaintiff, that is to say: 350 bushles of Corn of the value of $350 and 7 stacks of Hay of the value of $300 and 50 pounds of Tobacco of the value of $25 for which Plaintiff claims $1000 damages and that unless the said Defendant be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July A.D. 1865 and on or before the third day thereof (if the term shall so long continue, and 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, It is further ordered that a copy hereof be published in the Weekly Missouri Patriot, a newspaper published in this State, for four weeks successively the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.

p 202/203.
Asa Lyman Plaintiff
against
John C. Thompson, Robert Cloud,
William Handcock, Wallace Blackman
and Daniel Wolf Defendants
Now at this day comes the Plaintiff in the above entitled cause, before the Clerk of the Circuit Court, in vacation and files his petition and affidavit stating amongst other things that the above named Defendants are non-resident of the State of Missouri. It is therefore ordered by the Clerk aforesaid that publication be made notifying said Defendants that an action has been commenced against them by petition in the Circuit Court of Greene County, in the State of Missouri, founded on a claim for damages for unlawfully taking of the following property of Plaintiff, to wit: 4 head of horses of the value of $800, two sets of blacksmith tools of the value of $200, 100 bushels of stove coal of the value of $100, 225 bushels of Corn of the value of $225 and 3 stacks of Hay of the value of $100 for which plaintiff claims $1500 damages, and that unless the said Defendants be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July A.D. 1865 and on or before the third day thereof (if the term shall so
(continued)

54
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 202/203 (continued)
long continue, and 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.It is further ordered that a copy hereof be published in the Weekly Missouri Patriot, a newspaper published in this State, for four weeks successively the last insertion thereof to be at least four weeks before the commenceinent of the next term of said Court,

p 203.
James B. Lusk, admin of the estate
of John Lusk, deceased Plaintiff
against
B.H. Say, J.N. McCoy and
John W. Mitchell Defendants
Now at this day comes the Plaintiff in the above entitled cause, before the Clerk of the Circuit Court, in vacation, and files his petition and affidavit stating amongst other things that Defendants, B.H. Say and J.N. McCoy have absconded or 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 aforesaid, in vacation, that publication be made notifying said Defendants B.H. Say and J.N. McCoy, that an action has been commenced against them by petition in the Circuit Court of Greene County in the State of Missouri founded on a promissory note for the sum of $254.10 with interest thereon and dated January 8th 1861 and that unless the said Defendants be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the second Monday in July A.D. 1865 and on or before the third day thereof (if the term shall so long continue, and 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.It is further ordered that a copy hereof be published in the Weekly Missouri Patriot, a newspaper published in this State, for four weeks successively the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.

p 204. June 9th 1865
Moses T. Hankins Plaintiff
against
Westly Walker, Frank Walker,
Thomas Walker, Burris Walker,
Jordan Flack, John Walker Defendants
Now at this day comes the Plaintiff in the above entitled cause, before the Clerk of the Circuit Court, in vacation and files his petition and affidavit stating amongst other things that the above named Defendants are non-resident of the State of Missouri. It is therefore ordered by the Clerk aforesaid that publication be made notifying said Defendants that an action has been commenced against them by petition in the Circuit Court of Greene County in the State of Missouri, founded on a claim for damages for unlawfully taking property of Plaintiff's, to wit:one sorrell horse 7 years old of the value of $150 and one gray mare 9 years old of the value of $150 and one brown mare 5 years old of the value of $100, one brown filly 2 years old of the value of $50, 300 bushels of Corn of the value of $300 and diverse pieces of bed clothing of the value of $50, one suit of wearing clothes of the value of $50, one riflegun of the value of $12, one framing square of the value of $3, one lot of Bacon of the value of $25 for which plaintiff claims $2000 damages and that unless the said Defendants be and appear at the next January Term of said Court House in Springfield in the County & State aforesaid on the first Monday in January A.D. 1866 and on or before the third day there of (if the term shall so long continue, and 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. It is further ordered taht a copy hereof be published in the Weekly Missouri Patriot, a
(continued)

55
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 204 (continued)
newspaper published in this State, for four weeks successively the last insertion thereof to be at least 4 weeks before the commencement of the next term of said Court.

p 204/205.
Magruder Tanahill Plaintiff
against
William Garroutte Defendant
Now at this day comes the Plaintiff in the above entitled cause, before the Clerk of the Circuit Court, in vacation and files his petition and affidavit stating amongst other things that the above named Defendant, William Garroutte, is a nonresident of the State of Missouri.It is therefore ordered by the Clerk aforesaid that publication be made notifying said Defendant that an action has been commenced against him by petition founded on a claim for damages for wrongfully taking of the following property of Plaintiff's, that is to say 371/2 bushels of Oats, 4500 bundles of Oats of the value of $150, one keg of Powder of the value of $40, 25 shocks of Corn of the value of $50, wood-work of one two-horse wagon worth $40, cut and destroyed Plaintiff's timber of the value of $100 and took and burned 5500 of Plaintiff's rails worth $100 and destroyed an apple and peach orchard worth $500 and occupied Plaintiff's houses for six months at $50 per month amounting to $300 whereby Plaintiff says he is damaged $2500 and that unless the said Defendant be and appear at the next January term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the first Monday in January A.D. 1866 and on or before the third day thereof (if the term shall so long continue, and 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. It is further ordered that a copy hereof be published in the Weekly Missouri Patriot, a newspaper published in this State for four weeks successively the last insertion thereof to be at least four weeks before the commencement of the next January term of said Court.

p 205.June 13th 1865
William Smith Plaintiff
vs
Richard B. Owen Defendant
Now at this day comes the Plaintiff in the above entitled cause before the Clerk of the Greene Circuit Court, in vacation, and files his affidavit stating that he is entitled to the possession of the following specific personal property viz one sorrel colored horse about l51/2 hands high 7 years old of the value of $200 which the Defendant wrongfully detains from the Plaintiff.It is therefore ordered by the Clerk as aforesaid that the Defendant be required to deliver the property specified in the affidavit to the Sheriff, and if the same be not delivered the Sheriff is required to take it from Defendant and deliver it to Plaintiff.

p 205/206.
Oliver H. Scott Plaintiff
against
Martin J. Hubble Defendant
Now at this day comes the Plaintiff in the above entitled cause before the Clerk of the Circuit Court of Greene County, in vacation, and files his affidavit stating that he is entitled to the possession of the following specific personal property viz a certain bay mare 5 or 6 years old with scar on left shoulder the value of $105 which the Defendant wrongfully detained from the Plaintiff.It is therefore ordered by the Clerk aforesaid that the Defendant be required to deliver the property specified in the affidavit to the Sheriff and if the same be not delivered the Sheriff is required to take it from the Defendant and deliver it to the Plaintiff.

56

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