Abstract of Circuit Court Record Books January - July 1866

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

In Vacation
Book G

p 621.
William Rose Plaintiff
vs                                                   Civil Action
Robert Tier Defendant
Now at this day comes the parties in the above entitled cause by their attorneys and by consent of the parties and leave of this Court this cause is continued until the next term of this Court.

p 622.
Adjourned Term May 31, 1866.

T.A. Sherwood Plaintiff
vs                                                   Civil Action
Thomas Morgan Defendant
Now at this day comes the parties in the above entitled cause by their attorneys and by consent of the parties and leave of this Court this cause is continued until the next term of this Court.

Oliver H. Scott Plaintiff
vs                                                   Civil Action
M.J. Hubble Defendant
Now at this day this cause being called and it appearing that the Judge of this Court has been of Counsel in this cause it is ordered that a change of venue be ordered to the Probate and Common Pleas Court of Greene County and that the Clerk of this Court certify the original papers on record in the cause to said Court.

Bank of Missouri Plaintiff
vs                                                   Motion to Quash Execution
H. Boyd, J. Boyd &
John Thurman Defendants
Now at this day the motion to quash the execution in this cause coming on to be heard and the Court being fully advised, said motion is sustained and said execution quashed as to H. Boyd and J. Boyd.

Ordered that J.M. Logan be permitted to sign the Roll as an Attorney at Law.

J.L. French Plaintiff
vs                                                   Civil Action
Coleman & Boyd Defendants
Now at this day comes this on to be called and the Plaintiff failing to prosecute his suit, it is ordered by the Court that the same be stricken from the Docket and that Defendants recover from Plaintiff their costs and have execution therefor.

T.F. Hardin Plaintiff
vs                                                   Civil Action
E.G.Parris and D.C. Dade Defendants
Now at this day comes the parties by attorney and it is ordered that D.C. Dade be made a codefendant in the cause and leave is given Defendants to file additional answer by the third day of next term without prejudice to trial and this cause continued until next tern of this Court.

p 623.
E. Morrow Plaintiff
vs                                                   Civil Action
F. Green Defendant
(continued)

95
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
p 623 (cont)
Now at this day this cause being called and the Plaintiff failing to prosecute it is ordered taht the same be stricken from the Docket and that Defendant recover his costs from said Plaintiff and have execution therefor.

J.T. Morton Plaintiff
vs                                                   Civil Action
F. Doolin Defendant
Now at this day this cause being called and it appearing that the Judge of this Court has been of Counsel in this cause it is ordered that a change of venue be ordered to the Probate and Common Pleas Court of Greene County and that the Clerk of this Court certify the original papers on record in the cause to said Court.

B.S.G. Ingram vs J.W. Rountree & Julian -- Cause continued until next term
J.W. Langston vs David Wolf -- Cause continued until next term
Layton Jones & Co. vs Henry Fulbright -- Cause continued until next term

p 624.
Henry Matlock Plaintiff
vs                                                   Civil Action
B.W. Cannefax Defendant
Now at this day this cause being called and not prosecuted, it is by the Court stricken from the Docket.

W.H.Mitchell vs A.E. Mitchell -- Cause continued until next term
J.S. Moss vs V.W. Kimball -- Cause continued until next term
Landon Neal vs N. Anderson -- Cause continued until next tern
E.Noblet vs J.N. Noblett -- Cause continued until next term

Bank of Missouri Plaintiff
vs                                                   Civil Action
Jacob Neff, N. Ford et al Defendants
Now at this day the demurer filed in this cause coming on to be heard and the Court being advised said demurers by the Court overruled and leave is given Defendant until tomorrow to file his answer.

p 625.
E. Phillips vs Berry Johnson -- Cause continued until next term.
J.W. Peacher vs B.W. Cannefax et al -- Cause continued until next term.

John C. Price Plaintiff
vs                                                   Civil Action
Hash Defendant
Now at this day comes this cause on to be heard and Plaintiff failing to prosecute the same is ordered to be stricken from the Docket.

C. Sheppard et al Plaintiff
vs                                                   Civil Action
T.J. Weaver Defendant
Now at this day comes the Plaintiff by attorney and says he will not further prosecute this suit. It is therefore ordered by this Court that the same be dismissed at Plaintiff's cost.

96
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
p 625.
Bank of Missouri Plaintiff
vs                                                   Civil Action
Samuel Truesdale et al Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to Defendants Lawrence and Ooley.

Bank of Missouri Plaintiff
vs                                                   Civil Action
J.A. Patterson et al Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to Defendants J.A. Patterson and C.C. Parrish.

p 626.
Bank of Missouri Plaintiff
vs                                                   Civil Action
M.J. Hubble Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to Defendants M.J. Hubble and W.G. Gray.

Bank of Missouri Plaintiff
vs                                                   Civil Action
T.J. Andrews et al Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to Defendant T.J. Andrews.

B.F. Parks et al Plaintiffs
vs                                                   Civil Action
Calvin Vann et al Defendants
Now at this day comes the parties by attorney and by agreement of Counsel and leave of Court this cause is continued until the next term of this Court.

Bank of Missouri Plaintiff
vs                                                   Civil Action
Evans Morgan and Co. &
Henslee & Jones Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this suit and leave is given Plaintiff to withdraw the instrument sued on by leaving a certified copy thereof on file.

Bank of Missouri Plaintiff
vs                                                   Civil Action
Jacob Neff et al Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to Defendants J. Neff and J.A. Patterson.

p 627.
Bank of Missouri Plaintiff
vs                                                   Civil Action
J.B. White et al Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to Defendant A.T. Robberson.

97
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
p 627.
H. Matlock Plaintiff
vs                                                   Civil Action Correct Sheriff's Deed
S. Fulbright & B.W. Cannefax Defendants
Now comes J.A. Patterson Sheriff of Greene County and on his application leave is given him to correct a Sheriff's Deed made by him to H.J. Lindenbower on sale of real estate in this cause by changing the reference as to the date of the Judgment so as to read 1863 instead of 1865 and that said correction be made on the record of said Deed.

H. Sheppard et al Plaintiff
vs                                                   Civil Action To Set Aside Sale
T.H. Wadlow Defendant
Now at this day it appearing this cause is erroneously continued on the Docket. It is by the Court ordered to be stricken therefrom.

T.A. Sherwood Plaintiff
vs                                                   Civil Action
Vinton & Hornbeak Defendants
Now at this day it appearing this cause is erroneously continued on the Docket. It is by the Court ordered to be stricken therefrom.

R.A.M. Rose Plaintiff
vs                                                   Civil Action
William T. Carter Defendant
Now at this day it appearing this cause is erroneously continued on the Docket. It is by the Court ordered to be stricken therefrom.

p 628.
Amanda J. Peacher Plaintiff
vs                                                   Civil Action
Jesse Kelley Defendant
Now at this day comes the Plaintiff's attorney and by leave of Court suggests to the Court that since the last continuance of this cause the Plaintiff has married one James S. McQuerter.

E.L. Weaver Plaintiff
vs                                                   Civil Action
J.S. McQuerter Defendant
Now at this day comes Plaintiff by attorney and on his motion the deposition on part of Plaintiff ordered to be opened and filed.

R.B. Owen Plaintiff
vs                                                   Civil Action
C.B. Holland Defendant
Now at this day this cause being called and it appearing that the Judge of this Court has been of Counsel in this cause, it is ordered by the Court that a Change of Venue be awarded to the Circuit Court of Lawrence County in the 13th Judicial Circuit and that the Clerk of this Court supply the record and original papers to said Court.

May E. Reese Plaintiff
vs                                                   Civil Action
E.A. Reese Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this
(continued)

98.
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
P 628 (continued)
cause. It is therefore considered by the Court that the same be dismissed and that the Plaintiff pay all costs and that execution may issue therefor.

p 629.
Nancy Hodges Plaintiff
vs                                                   Civil Action
Orville Lyon Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause. It is therefore considered by the Court that the same be dismissed and that the Plaintiff pay all costs and that execution may issue therefor.

John Smith Plaintiff
vs                                                   Civil Action
James Atkinson Defendant
Now at this day comes the Plaintiff by his attorney and suggest the death of the Plaintiff in this cause. It is ordered by the Court that the administrator of the Plaintiff be substituted as Plaintiff in this cause.

Granville Smith and J.A. McCullah
admin John Smith, deceased Plaintiffs
vs                                                   Order of Publication
James Atkinson, B.F. Acock garnishee Defendants
Now at this day comes the Plaintiffs by attorney and files their affidavit whereby it appears to the satisfaction of the Court that James Atkinson and B.F. Acock, Defendants, are nonresidents of this State so that the ordinary process of Law cannot be served upon them. It is therefore ordered by the Court that publication be made notifying said Defendants that Plaintiff has commenced a suit against him in the Greene Circuit Court to recover judgment for $5000 with interest on the same and hat unless they be and appear at the Court House in the Town of Springfield at the January Term 1867 of this Court and plead, answer of demur to Plaintiff's petition (on or before the third day of said Court if the same shall so long continue) and if not, then before the endof the Term the Same will be taken as true and judgment rendered against them accordingly.

p 630.
A. Hollinsworth Plaintiff
vs                                                   Order of Publication
F. Lotspeich Defendant
Now at this day comes the Plaintiff by his attorney and files his affidavit whereby it appears to the satisfaction of the Court that the Defendant is a nonresident of this State so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Court that publication be made notifying said Defendant that a suit has been commenced against him in the Circuit Court of Greene County, Missouri, by petition and attachment to recover a judgment against him for damages done Plaintiff to the amount of $1000 and that unless he be and appear at the January Term of the Greene Circuit Court 1867 at the Court House in the City of Springfield, Greene County, Missouri, and plead, answer or demur to Plaintiff's petition (on or before the third day of said Term if the same shall so long continue) and if not then before the end of the term the Same will be taken as true, and judgment rendered against him accordingly.

Ordered that Court Adjourn until tomorrow morning 8 o'clock. R.W. Fyan Cir Judge.

99
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
P 630.
Friday, June 1st 1866. Court met pursuant to adjournment. Present as on yesterday.

Asa Lyman Plaintiff
vs                                                   Civil Action
John C. Thompson Defendant
Now at this day comes on to be heard the motion heretofore filed in the above entitled cause by Defendant to set aside and vacate the interlocutory and final judgment rendered in this cause at the January Term of this Court 1866 and the Court being fully advised of and concerning the same, said motion is by the Court sustained and said judgments set aside and vacated.

p 631.
C.W. Gauss Plaintiff
vs                                                   Civil Action
S.H. Boyd Defendant
Now at this day comes the Plaintiff in the above entitled cause by his attorney and by leave of Court this cause is continued by the Plaintiff until next Term of this Court.

H. & R.B. Whittamore Plaintiffs
vs                                                   Civil Action
S.H. Boyd Defendant
Now at this day comes the Plaintiff by his attorney and on his application the order of the Court to strike this cause from off of the Dockett is rescinded and said cause ordered to be reinstated on the Docket at the present term of this Court.

Causes continued until next term

C.W. Gauss vs S.H. Boyd
H & R.B. Whittamore vs S.H. Boyd
Beardsley & Bro vs S.H. Boyd

p 632.
J.H. Show Plaintiff
vs                                                   Civil Action
Peter Copeland Defendant
Now at this day this cause being called by the Court and the Plaintiff failing to prosecute the same. It is ordered by the Court that this cause be struck from the Docket and that the Defendant have and recover of and from the Plaintiff his costs of suit herein laid out and expended and that an execution issue for the same. It is ordered by the Court for good and sufficient cause shown to W.B. Gregory, a Grand Juror, be discharged from further service on the Grand Jury. Now at this day comes Charles A. Sayward who having shown to the satisfaction of the Court that he has taken and subscribed to the oath required by the Constitution of the State of Missouri. It is ordered by the Court that he be permitted to sign the Roll of Attorneys.

p 632/633.
Layton Jones and Co Plaintiff
vs                                                   Civil Action Dismissed at Plaintiff's Costs
Henry Fulbright Defendant
Now at this day this cause being called and the Plaintiff failing to prosecute the same, it is ordered by the Court that this cause be dismissed at the costs of the Plaintiff and
(continued)

100
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
p 632/633 (cont)
that the Defendant have and recover of and from the Plaintiff his costs of suit herein expended and that he have an execution therefor.

p 633.
John L. Holland Plaintiff
vs                                                   Correct Sheriff's Deed
Turner Goodall
Now at this day comes John A. Patterson Sheriff of Greene County and on his application leave is given him to amend a Sheriff's Deed made by him to Sydney N. Ingram on the sale of real estate in the above entitled cause by changing the "S" to "N" where it occurs in said Ingram's name in said Deed, and that the Clerk of this Court be authorized to correct the same on the Record to correspond with the Deed.

Now at this day comes Joseph Day and having shown the satisfaction of the Court that he has taken and subscribed to the oath required by the Constitution of the State of Missouri as an attorney. It is ordered by the Court that he be permitted to sign the Roll of Attornies.

Washington Merritt Plaintiff
vs                                                   Sheriff's Deed
Samuel Kagarice Defendant
Now at this day comes John A. Patterson, Sheriff of Greene County and acknowledges the execution of a Deed by him as Sheriff to W. Merritt for the following described real estate viz beginning on the East edge of a 40 foot Street running thence South from the Graveyard Lot in South Springfield and at a point 139 feet North of a double block about 370 feet South of the SouthWest corner of said grave yard Lot, thence East 298 feet, thence North (30), thence West (98) feet, thence North (103), thence West (290)
feet to the edge of said street, thence South along said street (133) feet to beginning. Also, starting at a double blackjack on the east edge of a (40) foot street running South from the graveyard Lot in South Springfield and about (370) feet South of South West corner of said Graveyard Lot and then North (110) yards, thence East (198) feet for a beginning point, thence (161) feet, thence East (100) feet, thence North (161) feet, thence West (100) feet to the beginning, sold under execution in the above entitled cause and the Said Sheriff acknowledged that he executed and delivered the same for the uses therein expressed.

p 634.
Fanny Blades
vs                                                   Sheriff's Deed
Amos Hood
Now at this day comes John A. Patterson Sheriff of Greene County and presents a Deed made by him to Tilmon Carter for the following described land viz the SW 1/4 of NW 1/4 of Section 35 Township 29 Range 24W, sold by virtue of an extention of the above entitled cause and the said Sheriff acknowledged that he executed and delivered the same for the uses and purpoSes therein contained.

J.W. Jarratt
vs                                                   Sheriff's Deed
D. A. George
Now at this day comes John A. Patterson Sheriff of Greene County and presents a Deed made by him to Ludwig Ulman for the following described real estate viz being the E 1/2 of the following described Lot lying in Springfield Greene County Missouri
(continued)

101
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
P 634.
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 NW corner, thence South with said Fieldin's line to the beginning, sold under and by virtue of an order and judgment of Court for partition and the said John A. Patterson acknowledged that he executed and delivered the same for the purposes therein contained.

State of Missouri
vs                                                   Sheriff's Deed
Joseph F. Oneal
Now at this day comes John A. Patterson Sheriff of Greene County and presents a Deed made by him to William Oneal for the following described Lots viz 24 feet off of the South end of Lot No 35 in Block 10 in the City of Springfield, Missouri, being 24 feet on Patton's Alley and 60 feet on an alley running East and West being North of a Lot formerly owned by Mercer Moody, sold under and by virtue of four executions in favor of the State and the said John A. Patterson acknowledged that he executed and delivered the same for the uses and purposes therein contained.

p 635.
John McElhanon Plaintiff
vs                                                   Judgment By Default.
Lafayette Frazier Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the Court that the Defendant has been duly notified by publication in the Springfield Journal, a newspaper published in this State for four successive weeks the last insertion at least four weeks before the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and it is considered by the Court that the Plaintiff have Judgment by Default but it not appearing to the Court what amount of damage Plaintiff is entitled to recover. It is ordered that inquiry be had at the next term of this Court to ascertain the Same to which time this cause is continued.

Asa Lyman Plaintiff
vs                                                   Civil Action Judgment By Default
W.L. Hancock & Wallace Blackman Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to Court that the said Defendants have been duly notified of the pending of this suit by publication in the Missouri Patriot, a weekly newspaper published in this State for four successive weeks, the last insertion at least four weeks before the present term of this Court and they having failed to plead, answer or demur to Plaintiff's petition the same is taken as true. It is therefore considered by the Court that the Plaintiff have judgment by default against said Hancock and Blackman but it not appearing to the Court what amount the Plaintiff is entitled to recover. It is ordered that inquiry be had at the next term of this Court to ascertain the same to which time this cause is continued.

p 636.
Edwin T. Robberson Plaintiff
against                                                   Civil Action For Partition
Jasper Robberson, Ella Robberson,
Netty Robberson, William R. Robberson,
Asbury F. Robberson Defendants
Now at this day comes into Court Hosea Mullings, John McElhaney and Joseph Evans who were heretofore appointed Commissioners to lay off and make partition of the following
(continued)

102
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
p 636 (continued)
real estate in accordance with the judgment rendered in this cause and file herein their report which said report of said Commissioners is approved and said Commissioners are discharged from further duty herein. And the Court being Satisfied that partition in kind cannot be made of the real estate hereinafter described without great prejudice to those interested it is therefore ordered and adjudged by the Court that the said real estate which is described as follows, to wit. the SW 1/4 and W 1/2 of the SE 1/4 of the SW 1/4 of the NE 1/4 and that part of the NW 1/4 described as beginning at the SE corner of the NW 1/4 running thence West 134 poles, thence North 27 poles, thence East 134 poles, thence South 27 poles to the beginning situate in Greene County, State of Missouri, in Section 11 Township 30 Range 22, be sold by the said Sheriff for cash in hand at the Court House door in said County at public vendue and that said Sheriff advertise such real estate and proceed in the sale of it the same as under execution. It is further adjudged that said Sheriff pay to H.J. Lindenbower an attorney fee herein of the sum of $150 and the costs and expenses of this suit and the remainder of the proceeds of such real estate be paid over to the parties according to their respective interests as heretofore ascertained and determined by the judgment of this Court.

p 637/638.
Benoni L.Z. Ingram and James W.
Peacher and his wife Juliet Peacher Plaintiffs
vs                                                   Civil Action For Partition
Sidney S.F. Ingram, Louisa
Payne & Thomas Payne Defendants
Now at this day comes Thomas A. Sherwood, guardian ad litem for Sidney S.P. Ingram, Louisa Payne and Thomas Payne, minor Defendants herein and by leave of Court files herein his answer to the Plaintiff's petition and the respective parties announce ready for trial and waive a Jury and the Court doth find from the evidence offered that Sidney S. Ingram, Deceased, during his lifetime was seized of in and to an estate of inheritance in the following described real estate situated in Greene County, Missouri, viz all of that part of the SW 1/4 and W 1/2 of SE 1/4 of Section 27 Township 29 Range 22W lying and being situate North of Richland Creek or B.T. Nowlins Spring Branch supposed to contain 100 acres and which was heretofore assigned to Jane Payne as her dower in the real estate of Sidney S. Ingram, deceased, as the widow of said deceased. And the Court doth further find that the life estate of Jane Payne has determined by her death and that Benoni L.Z. Ingram is entitled to the one undivided onefifth part and onefifth part of one-fifth part of such real estate and that James W. Peacher and Juliet Peacher are entitled to one-fifth part and one-fifth part of one-fifth part and that Benoni L.Z. Ingram in his capacity of administrator of the estate of William R. Ingram, deceased is entitled to one-fifth part and the one-fifth part of one-fifth part of such real estate and that Sidney S.P. Ingram is entitled to the one-fifth part and the one-fifth part of one- fifth part of such real estate and that Louisa Payne is entitled to one-tenth part of one-fifth part of such real estate and Thomas Payne is entitled to the one-tenth part of one-fifth part of such real estate and it further appearing to the satisfaction of the Court that the real estate above interested withcut doing them great injury and injustice. It is therefore considered and adjudged by the Court that the real estate aforesaid be sold as the Law directs for cash in hand and that after paying the costs of this suit that the proceeds of such sale be distributed among the parties interested in accordance with the finding of their interestherein set forth and that an order issue herein to Sheriff of Greene County and that he report his proceedings at the next term of this Court.

103
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION JUNE 1866

Answers filed:
Martin J. Hubble vs William J. McDaniel
Martin J. Hubble vs James Vaughan & M.M. McCluer
Martin J. Hubble vs James Vaughan & J.B. Wringer
Martin J. Hubble vs James Vaughan & M.M. McCluer
J.H. Shaw vs Peter Copeland.

p 639.
James S. McQuerter Plaintiff
vs                                                   Civil Action
Martha Baxter Defendant
Now at this day this cause coming on to be heard and the Plaintiff and Defendant appearing by their respective attorneys and having announced ready for trial and this cause being submitted to the Court, the Court sitting as a Jury on an examination of the same doth find the issue for the Defendant whereupon it is ordered and adjudged by the Court that the Plaintiff take nothing by his said suit and that the Defendant be discharged hereof and go hence without day and that said Defendant have and recover of and from the Plaintiff his costs suit in this behalf expended and that she have an execution for the same.

John R. Cox Plaintiff
vs                                                   Civil Action
John Ellis Defendant
Now at this day this cause coming on to be heard and the Plaintiff and Defendant appearing by their attorneys by agreement of parties this cause is submitted to the Court and the Court sitting as a Jury doth find from an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $144.50 debt on an account. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from said Defendant the said sum of $144.50 and also his costs of suitherein expended and that he have an execution for the same.

William J. McDaniel Plaintiff
vs                                                   Civil Action
T.A. Reed et al Defendants
Now at this day comes the parties in this cause by their attorneys and this cause is dismissed by the
Plaintiff as to W.F. Bodenhamer.

p 640.
Now at this day comes the Grand Jury and return into Court the following True Bills of Indictment which are filed and capias writs to issue

7 charges -- State vs (no names) and having no further business they are by the Court discharged.

Ordered by the Court adjournment until tomorrow morning 8 o'clock.

p 641. June 2nd 1866
Court met pursuant to adjournment. Present as on yesterday.

William J. McDaniel Plaintiff
vs                                                   Civil Action
T.A. Reed & Christian S. Bodenhamer Defendants
Now at this day comes on to be heard this cause and the Defendant, C.S. Bodenhamer failing to show cause why the interlocutory judgmentheretofore rendered in this cause
(continued)

104
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
June 2nd 1866.
p 641 (continued)
against him shall be set aside the same is by the Court made final and the Defendant, T.A. Reed, appearing by his attorney, and failing to plead to Plaintiff's petition, the same is taken as confessed as to him. It is therefore considered by the Court that the Plaintiff have judgment interlocutory against the said T.A. Reed for want of an answer and that the Plaintiff have a Writ of Inquiry of damages returnable instanter, and the Plaintiff not requiring a Jury the same is submitted to the Court for an assessment of Plaintiff's damages, and after hearing the evidence produced by Plaintiff the Court doth assess his damages at the sun of $143. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the sum of $143 and his costs by him about his suit in this behalf laid out and expended and that he have an execution therefor.

B.L.Z. Ingram Plaintiff
vs                                                   Petition for Partition
S.S.N. Ingram et al Defendants
Now at this day it is ordered by the Court that an attorney's fee of $70 be allowed to H.J. Lindenbower for bringing and prosecuting this suit for Plaintiff.

p 642.
State of Missouri, to the use of
E. Headlee, public admin Plaintiff
vs                                                   Civil Action
J.M. Donnell et al Defendants
Now at this day comes the parties in the above entitled cause by their attorneys and by consent of Counsel and leave of the Court this cause is continued until the next term of this Court.

Landon Neil vs Nathaniel Anderson -- Interlocutory Judgment set aside.
Elihu Messick vs R.P. Faulkner & A.M. Julian -- cause continued until next Term.

p 643.
Thomas Potter Plaintiff
vs                                                   Civil Action
R.M. Jones Defendant
Now at this day comes Henry L. Trantham in his own proper person and shows to the Court that Thomas Potter the Plaintiff in this cause is deceased and that he has been duly and Lawfully appointed admin of the said Thomas Potter, deceased, and asks of the Court to be substituted as Plaintiff in the judgmentheretofore rendered in this cause.

W.J. McDaniel Plaintiff
vs                                                   Civil Action
Sheriff of Greene County Defendant
Now at this day comes the Plaintiff in the above entitled cause by his attorney and by leave of the Court withdraws a Sheriff's Deed filed by him in this cause.

Ordered that Court adjourn until Monday morning 9 o'clock. R.W. Fyan Cir Judge

Monday, June 4th 1866.
Court met present as on Saturday.

105
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G.
IN VACATION
June 4th 1866
p 643/644/645.
Joseph S. Moss, surviving partner
of J.S. Moss and Co Plaintiff
vs                                                   Judgment
John Lair Defendant
James C. Gardner, Garnishee
& Colley B. Holland Defendant
Now at this day comes the Plaintiff bv his attorney and the said Gardner who was summoned as a Garnishee of the said Lair in this cause, and the said Lair, having been duly notified of the pending of this suit, failed to appear and answer the answer of the Plaintiff or to answer the petition of the said Gardner and said Colley B. Holland disclaims any right to Lots Nos 17 & 19 in John Lair's Addition to the City of Springfield, and it appears that said Lots were attached by the Plaintiff in this cause, and the said Gardner duly summoned as a Garnishee of the Plaintiff and it appearing to the Court that on the 2nd day of August 1885 the said Plaintiff recovered judgment against the said John Lair for the sum of $444.39 and his costs to be levied of the property attached in said cause, and it further appearing to the Court that the real estate attached in this cause has been sold, and after paying the costs and charges of sale, there was to be applied on said judgment the sum of $17.38 toward the satisfaction thereof and the said Plaintiff and the said Gardner not requiring a Jury the cause is submitted to the Court and the Court finds from the answer of the said Garnishee and the testimony that at the time of the service of the garnishment on the said Gardner he was then and is now indebted to the said John Lair by two promissory notes and that at the time there is due by said Notes the sum of $1051.91 due to John Lair and it further appearing to the Court that a judgment in the cause has been rendered against the said Lair to be levied of the property attached and that there is now due the Plaintiff by virtue of said judgment, the sum of $449.07. It is considered by the Court that the Plaintiff have and recover of and from the said James C. Gardner the said sum of $449.07 which is here paid in Court to the Plaintiff and the Court doth allow to the said James C. Gardner the sum of $50 to be retained by him out of the effects of the said John Lair attached in his hands, and it appearing to the Court in the further consideration of this cause that the said note mentioned in the answer of the said Gardner, Garnishee, for the sum of $300 was given to the said Lair to secure the purchase money for Lot No 17 in John Lair's Title Bond and that the said Gardner at and after the sale of said Lot took possession thereof and made valuable improvements thereon, and it also appears to the Court that the said note of $350 mentioned in the answer of the said Gardner, Garnishee, was given for and in consideration of Lot No 19 in John Lair's addition to Springfield, that at and after said sale the said Gardner took possession of said Lot and made improvements on the same and that the said Gardner held the Title Bond of said Lair for said Lot No 19 and that the said Lair sold both of said Lots to the said Gardner, that the said Gardner has been ready to pay the purchase money for both of said Lots when he could obtain a Title to the same and that the residue of the purchase money is attached in the suit of John Wood vs John Lair, thence pending in this Court. It also appearing to the Court that Colley B. Holland disclaims a title to said Lots but has by his answer disclaimed any right to the same. It is therefore considered, adjudged and decreed by the Court that the Title to said Lots 17 & 19 in John Lair's Addition to the Town of Springfield be and is hereby vested in the said James C. Gardner in fee simple in fulfillment of the aforesaid contract of the said John Lair to convey said Lots to the said Gardner made and entered into in the year 1860 and that the costs of the proceedings be paid out of the effects attached in the hands of the said Gardner.

106
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
P 645/646.
John Wood Plaintiff
vs                                                   Judgment
John Lair, Charles Sheppard,
Charles A. Haden, Colley B. Holland Defendants
and James C. Gardner, Garnishee
Now at this day comes the Plaintiff by his attorney and the said John Lair having been duly notified of the pendency of this suit by publication and having failed to appear and it appearing to the Court that a Judgment has been rendered in this cause in favor of the Plaintiff and against the said John Lair to be levied of the property attached in this cause and the said James C. Gardner, who has been summoned as a Garnishee also appears and neither Plaintiff nor the said Garnishee requiring a Jury, this cause is submitted to the Court, and the Court finds that at the time the said Gardner was summoned as a Garnishee he was indebted to the said John Lair in the sum of $502.84. It is therefore considered by the Court that the said John Wood have and recover of and from the said James C. Gardner the said sum of $502.84 and his costs and that execution may issue, by consent of the Plaintiff after the expiration of 6 months. And it is further ordered by the Court that the said Gardner be allowed the sum of $50 to be retained by him out of the other property attached in his hands, and it appearing to the Court in the further consideration of this Court that the said notes mentioned in the answer of said Gardner, Garnishee, were given thereon for the purchase money of Lot No 19 both in John Lair's Addition to Springfield and that the said Lair gave to the said Gardner his Title Bond to convey said Lots to the said Gardner in payment of the purchase money and the said Colley B. Holland, who was made a party in this suit, having disclaimed having any right and title to said Lots by his answer filed in this cause, and further it appears to the Court a Decree vesting the Title in the Simple to said Lots has been made at the Term before last and said Gardner, which decree was rendered in the case of Joseph S. Moss as surviving Partner of the late firm of J.S. Moss & Co, Plaintiff against John Lair, Defendant, and the said Gardner, Garnishee. It is considered the said petition of the said Garnishee Gardner in this cause be dismissed.

p 646.
Now at this day comes the Sheriff of Greene County and returns into Court the venire facias with the following named persons to constitute a special Grand Jury viz L.A. Rountree, John Brewer, Jesse M. Kelley, W.J. McDaniel, S.C. McCullah, L.E. Robberson, Joseph Evans, William Norman, J.R. Douglass, T.A. Mills, J.J. West, W.G. Perkins, Joseph Winfield, C.B. Holland, George Wiley, F.W. Scholten, J.W. Keltner, H.R. Jarratt, eighteen good and lawful men who being elected tried and sworn as required by the Constitution of the State of Missouri and having received the instructions of the Court, retire to consider of their presentments.

p 646/647.
Cyreneus W. Warren Plaintiff
vs                                                   Replevin
John Phelps Defendant
Now at this day comes the Plaintiff in the above entitled cause before the Judge of the Circuit Court and files his petition and affidavit stating that he is entitled to the possession of the following specific personal property viz one black gilden l5 1/2 hands high about 11 years old worth about $100 which the Defendant wrongfully detains from the Plaintiff. It is therefore ordered by the Court that the Defendant be required to deliver the property specified in Plaintiff's petition to the Sheriff of Greene County and if the same be not delivered the Sheriff is required to take the same from Defendant and deliver it to the Plaintiff.

107

In Vacation Cases Continued
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