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

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

In Vacation 1865

p 427.
In vacation September 8th 1865
Nancy D. Hodges Plaintiff
vs                                                   Order of Delivery Specific Property
Orville Lyon Defendant
Now at this day comes the Plaintiff in the above entitled cause before the Clerk of the Circuit Court, in vacation, and files her affidavit stating that she is entitled to possession of the following described personal property viz one light irongray mare with a white face 5 years old about first of last April of the value of one hundred fifty dollars, and it is ordered by the Clerk that said 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 to the Plaintiff.

Samuel B. Hill Plaintiff
vs                                                   Order of Delivery Specific Property
Richard B. Owen 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 affidavit stating that he is entitled to the possession of the following described personal property to wit: one bay stallion of the value of two hundred fifty dollars, and it is 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 to Plaintiff.

p 427/428.
Joel Wilkerson Plaintiff
vs                                                   In the Circuit Court of Greene County Jan Term 1866
Daniel D. Berry Jr 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 affidavit and petition stating amongst other things that the above named Defendant, Daniel D. Berry Jr. is nonresident of this
(continued)

172
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JULY TERM IN VACATION 1865
p 427/428 - (continued)
State. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendant, Daniel D. Berry, Jr., 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 a claim for damages received by Plaintiff at the hands of Defendant for arresting Plaintiff wrongfully and against his will and contrary to Law at the County of Douglas in the State of Missouri and detaining said Plaintiff in custody against his will by using great violence toward Plaintiff and threatening Plaintiff with violence and great bodily injury by which of all wrongful acts and doings of said Defendant Plaintiff is damaged in the sum of two thousand dollars 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 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 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 428.
In the Circuit Court of Greene County January Term 1866.
E Headlee Public Admin, Greene
County in charge estate of
Henry McKinley decd Plaintiff
against
Benjamin E. Burns and Peter Burns Defendants
Now at this day comes the Plaintiff by attorney in the above entitled cause before the undersigned Clerk of the Circuit Court of Greene County, Missouri, in vacation, and files his petition stating among other things, that the Defendant Benjamin E. Burns 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 and Publication in the Circuit Court of Greene County, Missouri, founded on a promissory note for the sum of $667.50 dated April 27th 1860 and that he be and appear at the next term at said Court to be holden on the first Monday in January 1866 at the Court House in Springfield in the said County and State and answer or demur to Plaintiff's petition, the same will be taken as confessed and judgment 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.

p 429.
William Rose Plaintiff
against                                                 Claim for Delivery of Personal Property
Robert Tier Defendant

The State of Missouri to the Sheriff of Greene County Greeting.
You are hereby commanded to proceed to Robert Tier the Defendant in this cause and demand of him the delivery to you of the following described personal property claimed by William Rose who is Plaintiff in this cause to wit one yellow sorrel horse about seven years old about fifteen hands high of the value of one hundred and fifty dollars and you are further commanded on the refusal of Defendant to deliver to you said horse that you take the same out of Defendant's possession and deliver it to the Plaintiff William Rose.

173
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JULY TERM 1865, IN VACATION
p 429.
John C. Brown Plaintiff
against
Eli G. Paris Defendant
Order for Delivery of Personal Property
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 petition verified by affidavit stating that he is entitled to the possession of the following described personal property viz a bay mare aged 7 or 8 years old l51/2 hands high of the value of $150. And it is ordered by the Clerk aforesaid that the Defendant be required to deliver the property specified in Plaintiff's petition to the Sheriff and if the same be not delivered the Sheriff is required to take the same from Defendant and deliver it to the Plaintiff.

p 429/430.
In the Circuit Court of Greene County January Term 1866.
Matthew N. Brown Plaintiff
against
Aaron Parker 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 petition stating among other things that the Defendant Aaron Parker in the above entitled cause is a non-resident 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 and attachment in the Circuit Court of Greene County, Missouri, founded on a promissory note dated Feb 15th 1861 due the first day of March 1862 for $135 with interest at the rate of 10% per annum and that his property has been attached and unless he be and appear at the next term of said Court to be holden on the first Monday in January 1866 at the Court House in Springfield in said County and State and answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Journal, a weekly newspaper published in Springfield, Missouri, for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.

p 430.
In the Circuit Court of Greene County January Term 1866.
Elisha Headlee pub admin of Greene
County, Mo., having in charge the
estate of Stephen Darrell, Decd Plaintiff
against
George W. Darrell 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 petition stating among other things that the above named Defendant Georg e W. Darrell is a nonresident of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendant George W. Darrell, 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 a demand against him for money paid by Stephen Darrell to T.A. Reed as Deputy Sheriff and also to Henry Matlock as Sheriff of Greene County as security for Defendant G.W. Darrell and that unless George W. Darrell 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 first Monday in January 1866 and on or before the third 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
(continued)

174
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G.
JULY TERM 1865 IN VACATION
p 430 (continued)
will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Journal, a weekly newspaper published in Springfield, Missouri, for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.

p 431.
Zachariah Sims Plaintiff
against
John F Hardin & Susan C. Hardin Defendants
Now at this day comes the Plaintiff in the above entitled cause before the Clerk of the Circuit Court of said County and State, in vacation, and files his petition and affidavit stating among other things that the above named Defendants John F. Hardin and Susan C. Hardin 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 John F. Hardin and Susan C. Hardin that an action has been commenced against them by petition and publication in the Circuit Court of Greene County in the State of Missouri the object and nature of which is to obtain judgment against them for the perfecting of title according to specific contract to certain real estate mentioned in Plaintiff's petition and that unless John F Hardin and Susan C Hardin 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 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 and judgment rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Journal, a weekly newspaper published in Springfield, Missouri, for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.

p 431/432.
The Bank of Missouri Plaintiff
against
Thomas D. Wooten & Thomas Goodall Defendants
Now at this day comes the Plaintiff in the above entitled cause before the Clerk of the Circuit Court of said County and State, in vacation, and files his petition and affidavit stating that among other things that the above named Defendants, Thomas D. Wooten and Thomas Goodall have absented themselves from their usual place of abode in this State. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying said Defendants Thomas D. Wooten and Thomas Goodall 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 promissory note for the sum of $350 with interest thereon from due until paid and that unless the said Thomas D. Wooten and Thomas Goodall be and appear at the next term of said Court to be holden at the Court House at Springfield in the County and State aforesaid on the first Monday in January A.D. 1866 and on or before the third day (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 rendered against them and their property sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Journal, a weekly newspaper published in Springfield., Missouri, for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.

175
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JULY TERM 1865, IN VACATION
p 432.
Isham W. Faught Plaintiff
against                                                Action for Delivery of Personal Property
Christian Whitman Defendant
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk of the Circuit Court, in vacation, and files his petition verified by affidavit stating amongst other things that he is entitled to the possession of the following described specific personal property viz a certain sorrel horse 5 years old with a ball face both hind legs white up to the hocks of the value of $150. It is therefore ordered by the Clerk, in vacation, that the said Defendant be required to deliver the property specified in Plaintiff's petition to the Sheriff and if the same be not delivered the Sheriff is commanded to take the said property wherever found and deliver the same to Plaintiff.

Dewitt C. Galbraith Plaintiff
against                                                Action for Delivery of Personal Property
James Smith Defendant
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk of the Circuit Court, in vacation, and files his petition verified by affidavit stating amongst other things that he is the legal owner of and entitled to the possession of the following described personal property viz one black horse a gelden six years old last spring both hind feet white about 15 hands high of the value of $110. It is ordered by the said Clerk, in vacation, that the Defendant be required to deliver the property specified in P1aintiff's 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.

p 433.
Clark McDonald Plaintiff
vs
Thomas J. Bishop 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, verified by affidavit, stating that he is the legal owner of and entitled to the possession of the following described specific personal property viz a certain sorrel gelding collar mark on the shoulder small star in the forehead left hind foot whit e seven years old of the value of $150. It is ordered by the said Clerk, in vacation, that the Defendant be required to deliver the property specified in Plaintiff's 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.

Martha A. Slay Plaintiff
vs
Mrs. Bettis Defendant
Now at this day comes the Plaintiff in the above entitled before the Clerk of the Circuit Court, in vacation, and files her petition, verified by affidavit, stating that she is the legal owner of and entitled to the possession of the following personal property viz A certain iron gray mare four years old branded with a letter "A"on the left shoulder 14 or 15 hands high. It is therefore ordered by the Clerk, in vacation, that the Defendant be required to deliver the property specified in Plaintiff's affidavit to the Sheriff and if the same be not delivered the Sheriff is required to take the same. from the Defendant and deliver it to the Plaintiff.

176
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
July Term 1865, In Vacation
p 433/434.
John Tyler, admin of
Malinda Tyler deceased Plaintiff
against
Franklin T. Frazier & James Bond Defendants
Now at this day comes the Plaintiff by attorney 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 among other things that one of the Defendants, Franklin T. Frazier, 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 promissory note dated 14th day of December 1860 for $1200 signed by Defendants and that his property has been attached and that unless he be at the Court House in Springfield in said County and State and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Journal, a weekly Newspaper published in Springfield, Missouri, for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.

p 434.
In the Circuit Court of Greene County January Term 1866.
Silas Ray Plaintiff
against
William Wooten Defendant
Now at this day comes the Plaintiff by attorney 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 that among other things that the Defendant, William Wooten, 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 and attachment in the Circuit Court of Greene County, Missouri, founded on an account for property sold, labor done and money loaned and that his property has been attached and that unless he be and appear at the next term of said Court to be holden on the first Monday in January 1866 at the Court House in Springfield in said County and State and answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Journal, a weekly newspaper published in Springfield, Missouri, for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of said Court.

p 434/435.
M.M. McClure & Co Plaintiffs
against
A. Lubman Defendant
Now at this day comes the Plaintiff by attorney 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 that among other things that the Defendant, A. Lubman 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 promissory note dated October 17th 1859 for $52.26 with interest at the rate of 10% and that unless he be and appear at the next term of said Court to be holden on the first Monday in January 1866 at the Court House
(continued)

177
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JULY TERM 1865, IN VACATION
p 434/435 - (continued)
in Springfield in said County and State and plead, answer or demur to Plaintiff's petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Journal, a weekly newspaper published in Springfield, Missouri, for four weeks successively the last insertion to be at least four weeks before the cornencement of the next term of said Court.

p 435.
Leonidas A. Robertson Plaintiff
against
Henry Cratan, James Cratan Defendants
(Note Spelled Creighton elsewhere and in Census)
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 petition and affidavit alleging that he is the owner of and entitled to the possession of the following specific personal property viz a black horse mule six or seven years old 13 hands and 3 inches high and of the value of $100 and that the same is wrongfully detained from him by the Defendants. It is therefore ordered by the Clerk aforesaid that the Defendants be required to deliver the property specified in Plaintiff's affidavit to the Sheriff and if the same be not delivered the Sheriff is required to take the same out of possession of the Defendants and deliver the same to Plaintiff.

p 435/436.
Claiburn Burns Plaintiff
vs
James Elkins
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 petition and affidavit alleging that he is the owner and entitled to the possession of the following specific personal property viz one sorrell mare about six yeard old about 15 hands high, also a mule colt of last spring foaled of the value of $150 and that the same is wrongfully detained by the Defendant from the Plaintiff. It is therefore ordered by the Clerk aforesaid, in vacation, that the Defendant be required to deliver the property specified in the Plaintiff's affidavit to the Sheriff and if the same be not delivered the Sheriff is required to take the same from out of the possession of the Defendant and deliver the sarne to the Plaintiff.

p 436.
Andrew L. Galbraith Plaintiff
against                                                   Replevin
Henderson Hemphill 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 petition verified by affidavit stating among other things that he is the legal owner of and entitled to the possession of the following described specific personal property viz one iron gray mare six years old of the value of $100. It is therefore ordered by the Clerk aforesaid, in vacation, that the Defendant be required to deliver the property specified in the Plantiff's affidavit to the Sheriff and if the same be not delivered the Sheriff is required to take the same from out of the possession of the Defendant and deliver the same to the Plaintiff.

178
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G.
JULY TERM 1865, IN VACATION
p 436.
In the Circuit Court of Greene County January Term 1866
John McElhanon Plaintiff
vs
Lafayette Frazier 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 petition verified by affidavit stating among 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 in the Springfield Journal, a newspaper published in this State for four weeks successively the last insertion being at least four weeks before the commencement of the next term of said Court notifying said Defendant, Lafayette Frazier that an action has been commenced against him by petition and attachment in the Circuit Court for Greene County in the State of Missouri for the taking property of Plaintiff and applying the same to his own use to wit one belt it being used as a part of the machinery of a grist mill and unless the Defendant above named be and appear at the next term of said Court to be holden at the Court House in Springfield in the aforesaid County and State on the first Monday in January A.D. 1866 and on or before the third day of said term (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 rendered accordingly and the property of said Defendant which has been attached in this behalf sold to satisfy the same.

p 437.
In the Circuit Court of Greene County January Term 1866
James Evans Plaintiff
against
Daniel D. Berry and
Benjamin R. Cannefax Defendants
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 petition verified by affidavit stating among 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 in the Springfield Journal, a newspaper published in this State for four weeks successively the last insertion being at least four weeks before the commencement of the next term of said Court notifying said Defendants, Daniel D. Berry and Benjamin R. Cannefax that an action has been commenced against them by petition and attachment in the Circuit Court for Greene County in the State of Missouri for damage his person by reason of their unlawfully and wrongfully and willfully imprisoning him (the Plaintiff) and carrying him (the Plaintiff out of this State and that the said Plaintiff was damaged thereby ten thousand dollars and that unless the Defendants above named be and appear at the next term of said Court to be holden at the Court House in Springfield in the aforesaid County and State on the first Monday in January A.D. 1866 and on or before the third day of said term (if the term shall so long continue and 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 accordingly and the property of said Defendants which has been attached in this behalf sold to satisfy the same.

In the Circuit Court of Greene County January Term 1866
Frederick W. Scholton Plaintiff
against
Jacob J. Shultz and William S. Norfleet Defendants
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 petition verified by affidavit stating among other things that the above named Defendant, Jacob J. Shultz is a
(continued)

179
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JULY TERM 1865, IN VACATION
p 437 - (continued)
nonresident of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made in the Springfield Journal, a newspaper published in this State for four weeks successively the last insertion being at least four weeks before the commencement of the next term of said Court notifying said Defendant Jacob J. Shultz that an action has been commenced against him by petition in the Circuit Court for Greene County in the State of Missouri for the rescission and cancellation of a promissory note for the sum of $465 executed and delivered by Plaintiff to said Defendant, Jacob J. Shultz, on the 21st of April 1860 on the grounds of there being no consideration therefor and for the recovery of judgment against said Shultz for the sum of $50 paid on said note on the 1st day of June 1860 and for the sum of $100 paid on same note on the 9th day of July next thereafter with interest thereon, and that unless the Defendant above named be and appear at the next term of said Court to be holden at the Court House in Springfield in the aforesaid County and State on the first Monday in January 1866 and on or before the third day of said term (if the term shall so long continue and not then before the end of the term) and plead, answer or demur to Plaintiff's petition the same will be taken as confessed.

p 438.
Aaron Parker Plaintiff
against
James M. Thompson 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 petition and affidavit alleging that he is the legal owner of and entitled to the possession of the following described specific personal property to wit one bay horse, a stallion, 4 years old of the value of $1000 and that the same is wrongfully detained from him by the Defendant and that he is in danger of losing the same unless it be taken from out of the possession of the Defendant or otherwise secured. It is therefore ordered by the Clerk aforesaid that the Defendant deliver said property specified in Plaintiff's affidavit to the Sheriff and if the same be not delivered then the Sheriff is required to take the same from out of the possession of the Defendant and deliver the same to the Plaintiff.

Robert Spencer Plaintiff
against
George Gillis 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 petition and affidavit alleging that he is the legal owner of and entitled to the possession of the following described specific personal property to wit a fleabitten gray horse 15 hands high about 10 or 12 years old of the value of $100 and that the same is wrongfully detained from him by Defendant and that he is in great danger of losing said horse unless it be taken from Defendant or otherwise secured. It is therefore ordered by the Clerk aforesaid that the Defendant deliver said property specified in Plaintiff's affidavit to the Sheriff and if the same be not delivered then the Sheriff is required to take the same from out of the possession of the Defendant and deliver the same to the Plaintiff.

p 439. Adjourned Term December 4th 1865.
Be it remembered that an adjourned term of the Greene Circuit Court begun and held at Springfield, Greene County, Missouri, on the 1st Monday in December 1865 there was present:
The Honorable B.H. Emerson, Judge of the 7th Judicial Circuit in the State of Missouri.
Robert W. Fyan, Circuit Attorney of the 14th Judicial Circuit
(continued)

180
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
ADJOURNED TERM DECEMBER 4th 1865.
p 439 - (continued)
R.A.C. Mack, Clerk of said Court
& John A. Patterson, Sheriff of Greene County, Missouri
When and where the following proceedings were had, to wit

James Weaver Plaintiff
vs                                                   Civil Action
R.G. Abernathy Defendant
Now at this day comes the Plaintiff by attorney and suggests the death of the Plaintiff in the above entitled cause (James Weaver) and by leave of Court a continuance is granted in this cause and leave given to make the executor of James Weaver a Plaintiff in the above entitled cause.

p 439/440.
W.B. Berry Plaintiff
vs                                                   Civil Action
B.W. Henslee, W.S. Norfleet admin
of G.P. Shackleford Defendants
Now at this day comes the parties by attorney and it appearing to the satisfaction of the Court that an appeal was allowed to the Supreme Court in the above entitled cause on the 3rd of August 1865 of the July Term 1865. And it also further appearing to the satisfaction of the Court that the same was not made a matter of record among the proceedings of said Term of said Court, but that the same was entirely neglected to be made a part of the Records of said Court. It is therefore considered by the Court that the same be entered "nunc protune" as a part of the Record of said Court, and that the Clerk of this Court certify the same to the Supreme Court as the Law directs.

p 440.
Robert J. McElhaney Plaintiff
vs                                                   Civil Action
John Lair Defendant
Now at this day comes the Plaintiff by his attorney and an interlocutory judgment having been taken in this cause at a previous term of this Court because the Defendant had failed to answer or plead to said action and the Plaintiff not requiring a Jury, the inquiry of damages is submitted to the Court which finds the Plaintiffs have sustained damages by reason nonperformances of his undertaking in the sum of $669.74. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant the sum of $669.74 arrising in manner aforesaid and his cost and charges in this behalf laid out and expended and that he have execution thereof to be levied of the weights and crdits of the said John Lair attached in this cause in the hands of the garnishees.

Ordered that Court adjourn until tomorrow morning 9 o'clock. B.H. Emerson Cir Judge

p 441. Adjourned Term December 5th 1865
Court met pursuant to adjournment present as on yesterday.

Ordered by the Court that J.C.L. Colby be permitted to sign the Roll of Attorneys, it having been shown to the satisfaction of the Court that he has taken and subscribed the oath required by the Constitution of the State of Missouri.

James Hays & D.O. Gorman Plaintiffs
vs                                                   Civil Action
John McElhaney and E. Fisher Defendants
Now at this day comes the Plaintiffs by attorney and dismiss this cause as to E. Fisher.

181
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
Adjourned Term December 5th 1865
p 441.
James Hayes & D.O. Gorman Plaintiffs
vs                                                   Civil Action
John McElhaney Defendant
Now at this day comes the parties by their attorneys and the parties announcing ready for trial thereupon comes a Jury viz James Abbott, J.R. Douglass, Spry Owen, J.H.Price, George Dillard, John B. Perkins, John Vaughn, A. Evans, Lancel Lyman, Henry Beard and J.M. Kelley, eleven good and lawful men who being duly elected and sworn to try the issue joined and having taken and subscribed the oath of loyalty as prescribed by the Constitution and by consent of the parties, after hearing the evidence say upon their oath that "We the Jury find for the Plaintiff in the sum of $50." It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the said Defendant the sum of $50 for his damage and also his cost in this behalf laid out and expended and that execution issue therefor.

p 442.
Joseph Rountree Plaintiff
vs                                                   Civil Action
John McHenry & Joshua Bailey Defendants
Now at this day comes on this cause for a final hearing and it appearing to the Court that the Defendant, John McHenry, has been duly notified of the commencement of this suit by publication in the Springfield Journal, a weekly newspaper published in Greene County Missouri for four weeks the last insertion being at least four weeks before the first day of the present term of this Court and Joshua M. Bailey having been duly notified of the commencement of this suit by Writ of Summons and copy of petition duly served upon him at least 15 days before the first day of the present Term of Court and the amended petition of Plaintiff remaining wholly unanswered and undefended by said Defendants the same is taken as confessed, and it appearing to the full satisfaction of the Court that the Defendant John McHenry owes and stands indebted to Plaintiff in the sum of $350 for debt and $284 for damage and that such debt so due Plaintiff is for the purchase money for Lots 43 & 44 in Block 14 in City of Springfield, County of Greene and State of Missouri. And the Court further finds that the said Joshua M. Bailey claiming an interest in said lands by mortgage deed from John McHenry and that such interest was acquired by said Bailey with knowledgement of the nonpayment of said debt. It is therefore considered and adjudged by the Court that the plaintiff have and recover of and from the Defendant, John McHenry the said debt and damage aforesaid and against John NcHenry and Joshua Bailey and that the same be sold to satisfy the same and if insufficient that a general execution issue against the said John McHenry.

Ordered by the Court adjourn until 9 o'clock tomorrow morning. B.H. Emerson Cir Judge

p 443.Adjourned Term December 6th 1865
Court met pursuant adjournment. Present as on yesterday.

James Hays & Daniel O. Gorman Plaintiffs
vs                                                   Civil Action
John McElhaney Defendant
Now at this day comes the parties by their attorneys and by leave of Court and consent of parties a Change of Venue is awarded in this cause to the Circuit Court of Dallas County, Missouri to be begun and held at the town of Buffalo in Dallas County, Missouri, on the third Monday in March 1866.

182
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
Adjourned Term December 6th 1865
p 443.
Simphronius H. Boyd Plaintiff
vs                                                   Civil Action
Bank of Missouri Defendant
Now at this day comes on the motion heretofore filed at the July Term 1865 of the Greene Circuit Court requiring the Plaintiff to specify a Bill of the Items in the Plaintiff's petition in the above entitled cause and all and singular the premises being by the Court seen and fully understood, said motion is by the Court sustained and the Plaintiff required to file a Bill of Particulars of the items in said account mentioned and said Plaintiff has leave to amend his petition in this cause at the January Term 1866 of the Greene Circuit Court.

p 444.
J.M. Jarratt Plaintiff
vs                                                   Civil Action
D.O. George Defendant
Now at this day comes the parties by their attorneys and having announced ready for trial and the necessity of a Jury having been waived and said cause having been submitted to the Court by consent of parties the Court sitting as a Jury doth find from an examination of the same that the said Plaintiff is indebted to the Defendant in the sum of $100 debt and $19.75 damage and cost and it is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $100 debt and the sum of $19.75 damage and that he is entitled to an execution for the same. And it is further ordered by the Court by and with the consent of the parties hereto that a stay of execution be ordered in this cause until the first Monday in January 1866.

p 444/445
J.M. Jarratt Plaintiff
vs                                                   Civil Action
D.O. George Defendant
Now at this day comes on to be heard the above entitled cause and the Plaintiff and Defendant appearing by their respective attorneys consent that a final decree be had in this cause at the present term and it appearing to the satisfaction of the Court that Plaintiff and Defendant are tenants in common and jointly seized in fee simple of the East half of the following described Lot of land situated in the County of Greene in the State of Missouri, to wit: beginning at Allen Fielden's SW corner on College Street in the City of Springfield, thence West to an alley, thence North along said alley to Olive Street, thence East along said Street to Allen Fielden's West corner, thence SW with said Fielden's line to the beginning point. And it appearing to the satisfaction of the Court that the partition in kind cannot be made of said real estate without great prejudice to those entitled. It is further considered by the Court that a sale be made of said real estate and the proceeds of such sale be equally divided between Plaintiff and Defendant after paying the cost of this proceeding and that a fee of $50 be allowed to Sherwood and Young as an attorney fee for bringing and prosecuting this suit in this cause and that said amount be taxed as cost herein and that the cost in this cause be divide between the Plaintiff and the Defendant.

p 445.
James Hayes & D.O. Gorman Plaintiffs
vs                                                   Civil Action
John McElhaney Defendant
Now at this day comes the parties by their attorneys in the above entitled cause and
(continued)

183
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G.
p 445 - (continued)
having announced ready for triel. Thereupon comes a Jury, viz: Rufus McClure, J.T. Ruffin, A.F. Bigbee, Newton Price, John Steele, __ .D Cauthell, J. Brewer, N.M. Rountree, J.L. French, John L. Gardiner, John A. Campbell, M.J. Rountree, twelve good and lawful men who being duly sworn to try the issue joined to support the Constitution of the State of Missouri and having heard the evidence and received the instructions of the Court return in to Court the following verdict "We the Jury believe the evidence not sufficient to establish the claims set forth in the account sued on by the Plaintiffs, therefore find for the Defendant." It is therefore considered and adjudged that the Defendant have and recover of and from said Plaintiff his costs in this behalf laid out and expended and that he have execution thereof.

p 445/446. December 7th 1865.
James Thompson Plaintiff
vs                                                   Civil Action
Jesse Cunningham Defendant
Now at this day comes the parties by attorneys arid it appearing to the satisfaction of the Court that the July Term 1865 of the Greene Circuit, an interlocutory judgment was rendered in this cause in favor of said Plaintiff James Thompson which said interlocutory judgment as appears by the proceedings had in said cause was intended to be made final and the said parties appearing by their respective attorneys and having announced ready for trial and having submitted the same to the Court sitting as a Jury doth find from an examination of the same that the Plaintiff is entitled to possession of the following described real estate viz the 51/2 of the NE1/4 of Section 16 Township 29 Range 22 and that the said Defendant entered into said premises unlawfully and withholds the possession of the same from said Plaintiff. It is therefore considered by the Court that the interlocutory judgment heretofore rendered in this cause at the July Term l865 of this Court be made final "nunc protinc" and that the said Plaintiff recover of and from the Defendant possession of said premises together with the sum of one hundred and fifty dollars for damages for unlawfully withholding the possession of the premises from the Plaintiff. It is further considered by the Court that the Plaintiff have and recover of and from the said Defendant the sum of $12.50 per month for rents and profits of said premises from the rendition of this judgment until the possession of said premises is delivered to the Plaintiff and that the Plaintiff have execution hereof.

p 447.
George Husman, surviving partner
of Husman and Mainwaring Plaintiff
vs                                                   Civil Action
Herman Foster, surviving partner
of Graves and Foster Defendant
Now at this day comes the Plaintiff by his attorney, John M. Richardson, and by leave of Court said Plaintiff has leave to withdraw the original instrument and papers sued on in this cause by leaving a certified copy of the same with the Clerk of Circuit Court of said County of Greene.

It is ordered by the Court that John A. Patterson who is known by the Court to be the Sheriff of Greene County, Missouri, correct certain mistakes made by him as Sheriff as aforesaid in a Deed executed to John L. Holland by inserting the proper dates as the same should have been at the time of the execution of said deed by him, and that the Clerk of the Circuit Court be ordered to make the necessary corrections in said Deed in Book M page ___ Records of Deeds in Greene County.

184
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JULY TERM 1865, In Vacation.
p 447.
Hays and Gorman Plaintiffs
vs                                                   Civil Action
John McElhaney Defendant
Now at this day comes the Defendant in the above entitled cause and by leave of Court files herein his demurer to the evidence of the Plaintiffs in this cause, and all and singular the premises therein, being by the Court seen and fully understood, said demurer is by the Court overruled.

Eli T. Bray Plaintiff
vs                                                   Civil Action
Abernathy & McClure Defendants
Now at this day comes the Plaintiff by his attorney and by leave of Court Plaintiff has permission to withdraw the instrument sued on in this cause by leaving a certified copy of the same with the Clerk of the Circuit Court of Greene County.

p 448.
Robert J. McElhaney Plaintiff
vs                                                   Judgment on Garnishee
John Lair and
W.A. Gibson, Garnishee Defendant
Now at this day comes the parties by their attorneys and having announced ready for trial and the necessity of a Jury being waived, the cause is submitted to the Court, and the Court having heard the evidence find that W.A. Gibson one of the Defendants had been garnisheed, and it also further appears that from the answer of said Garnishee that he is indebted to the John Lair Defendant in the sum of $350 debt and the sum of $154.57 damages. It is therefore considered and adjudged by the Court that the said W.A. Gibson, Garnishee, be allowed the sum of $25 for his answer in this cause, the same to be deducted from out of the debt and damage confessed in this cause and that the Plaintiff have and recover of and from the said Garnishee the balance of his said debt and damage, after deducting therefrom the amount of cost and charges in the case of W.A. Gibson against John Lair and John L. Holland that he have execution thereof.

Ordered that Court adjourn until Court in Counse . B.H. Emerson Judge.

p 450.
In the Circuit Court of Greene County January Term 1866.
Bank of the State of Missouri Plaintiff
against
Patrick R. Smith & Dewit C. Smith Defendants
Now at this day comes the Plaintiff by attorney in the above entitled cause before the undersigned Clerk of the Circuit Court of Greene County, Mo., in vacation and files his petition stating among other things that the Defendant Patrick R. Smith 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 and attachment in the Circuit Court of Greene County, Mo., founded on a Bill of Exchange and 2 promissory notes and that unless he be and appear at the next term of said Court to be holden on the 1st Monday in January 1866 at the Court House in Springfield in said County and State and answer or demur to Plaintiffs petition the same will be taken as confessed and judgment rendered against him and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Journal, a weekly newspaper published in Springfield, Mo., for 4 weeks successively, the last insertion to be at least 4 weeks before the commencement of the next term of said Court.

End of 1865 Courts

185

Table of Contents