Abstract of Circuit Court Record Books January - July 1866

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

In Vacation
Book G

June 4th 1866
p 647.
Expartee
Thomas Walton
Declaration to become a Citizen
Be it remembered that on this 4th day of June 1866, Thomas Walton, a native of the Kingdom of Great Britain, comes into Court and makes oath on the Holy Evangelists of Almighty God that it is bona fide his intention to become a Citizen of the United States and to renounce and abjure forever all allegiance and fidelity to every foreign Prince, Potentate, State and Sovereignty whatever and particularly all allegiance and fidelity to "Queen Victoria" of whom he is now a subject.

Christopher P. Wright
Expartee
Declaration to become a Citizen
Be it remembered that on this 4th day of June 1866, Christopher P. Wright, a native of the Kingdom of Great Britain, comes into Court and makes oath on the Holy Evangelists of Almighty God that it is bonafide his intention to become a Citizen of the United States and to renounce and abjure forever all allegiance and fidelity to every foreign Prince, Potentate, State and Sovereignty whatever and particularly all allegiance and fidelity to "Queen Victoria" of whom he is now a subject.

Edwin Woolvin
Expartee
Declaration to become a Citizen
Be it remembered that on this 4th day of June 1866, Edwin Woolvin, a native of the Kingdom of Great Britain, comes into Court and makes oath on the Holy Evangelists of Almighty God that it is bonafide his intention to become a Citizen of the United States and to renounce and abjure forever all allegiance and fidelity to every foreign Prince, Potentate, State and Sovereignty whatever and particularly all allegiance and fidelity to "Queen Victoria" of whom he is now a subject.

p 648.
William Wallin
Expartee
Declaration to become a Citizen
Be it remembered that on this 4th day of June 1866, William Wallin, a native of the Kingdom of Great Britain, comes into Court and makes oath on the Holy Evangelists of Almighty God that it is bona fide his intention to become a Citizen of the United States and to renounce and abjure forever all allegiance and fidelity to every foreign Prince, Potentate, State and Sovereignty whatever and particularly all allegiance and fidelity to "Queen Victoria" of whom he is now a subject.

Charles J. Wright
Expartee
Declaration to become a Citizen
Be it remembered that on this 4th day of June 1866, Charles J. Wright, a native of the Kingdom of Great Britain, comes into Court and makes oath on the Holy Evangelists of Almighty God that it is bona fide his intention to become a Citizen of the United States and to renounce and abjure forever all allegiance and fidelity to every foreign Prince, Potentate, State and Sovereignty whatever and particularly all allegiance and fidelity to "Queen Victoria" of whom he is now a subject.

108
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
p. 648.
W.E. Lee
Expartee
Declaration to become a Citizen.
Be it remembered that on this 4th day of June 1866, William E. Lee, a native of the Kingdom of Great Britain, comes into Court and makes oath on the Holy Evangelists of Almighty God that it is bonafide his intention to become a Citizen of the United States and to renounce and abjure forever all allegiance and fidelity to every foreign Prince, Potentate, State and Sovereignty whatever and particularly all allegiance and fidelity to "Queen Victoria" of whom he is now a subject.

p 648/649.
M.J. Hubble Plaintiff
vs                                                   Civil Action
W.J. McDaniel Defendant
Now at this day comes on to be heard the above entitled cause, and the Plaintiff and the Defendant appearing in person and by their respective attorneys and having announced ready for trial in this cause thereupon comes a Jury viz C. Phillips, C.W. Drumright, E.A. Flemming, William Roberts, J.J. Campbell, Jonathan Gott, Lawson Lyman, T.C. Piper, Z. Turner, D.R. Riggs, B.B. Havard, P. Cantrell, twelve good and lawful men, who being duly elected, tried and sworn to well and truly try the issue joined and having heard a part of the evidence, there not being time to complete the same, they are by the Court dismissed under charge of the Sheriff until tomorrow morning nine o'clock.

p 649.
Ordered that Court adjourn until tomorrow morning 9 o'clock R.W. Fyan Cir Judge

Tuesday June 5th 1866
Court met persuant to adjournment. Present as on yesterday.

Now at this day comes the Grand Jury and returns into Court five True Bills of Indictment viz
5 Bills - State vs (Not named)
which were ordered by the Court to be filed and capias to be issued on the same returnable instanter at the present term of this Court.

p. 649/650.
M.J. Hubble Plaintiff
vs                                                   Civil Action
W.J. McDaniel Defendant
Now at this day comes the Plaintiff and the Defendant in person and their attorneys and this cause coming on for further hearing and consideration and the Jury empannelled on yesterday to try this cause being called into Court and having heard a part of the evidence in this cause but there not being sufficient time to complete the same are by the Court dismissed under charge of the Court until half past eight o'clock tomorrow morning.

p 650.
Ordered that Court adjourn until tomorrow morning half past eight o'clock.
R.W. Fyan Cir Judge

Tuesday June 6th 1866
Court met persuant to adjournment. Present as on yesterday.

109
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

IN VACATION
June 6th 1866
p 650.
M.J. Hubble Plaintiff
vs                                                   Civil Action
W.J. McDaniel Defendant
Now at this day comes the Plaintiff in the above entitled cause by his attorney and by leave of Court files his motion to suppress certain depositions of Samuel Fulbright in this cause and said motion coming on to be heard and the Court being fully advised of and concerning said notion, the motion is by the Court sustained and said deposition suppressed.

p 651.
William J. McDaniel Plaintiff
vs                                                   Civil Action
Sheriff of Greene County, et al Defendants
Now at this day comes the Plaintiff in this cause by his attorney and on his application the Judgment in this cause heretofore rendered is by the Court set aside and vacated.

Now at this day comes the Sheriff and brings into Court the bodies of Andrew J. Smith Jasper F ______, Joseph Mullenax, John Perryman, Samuel Richards, James Davis and Donald Cochran in obedience to the Writs of Capias heretofore ordered and it is ordered that the said persons be by the Sheriff confined in the Jail of Greene County until further orders of this Court.

p 651/652.
William J. McDaniel Plaintiff
vs                                                   Civil Action
T.A. Reed, Sheriff of Greene County Defendant
Now at this day comes on to be heard this cause 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 the Plaintiff the Court doth assess his damages at the sum of $143. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant said sum of $143 and also his costs about his suit in this behalf laid out and expended and that he have an execution for the same.

p 652.
E. Morrow Plaintiff
vs                                                   Reinstated
Thomas Greene Defendant
Now at this day comes the Plaintiff in the above entitled cause by his attorney and on his application the order of the Court to strike this cause from off of the Docket is rescinded cause ordered to be reinstated on the Docket.

Motions filed:
John C. Price vs ____ Hash
M.J. Hubble vs James Vaughan & M.M. McClure
M.J. Hubble vs Eugene Fribourg
M.J. Hubble vs James Vaughan & J.B. Winger
M.J. Hubble vs W.J. McDaniel

110
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
June 6th 1866
p 653.
M.J. Hubble vs W.J. McDaniel cause continued, Jury discharged.

M.J. Hubble Plaintiff
vs                                                   Civil Action
James Vaughan, M.M. McClure Defendants
Now at this day comes on to be heard the motion of the Plaintiff filed to suppress the depositions filed by the Defendant in this cause and the Court having seen and fully understood the same, said motion is by the Court suppressed and this cause continued as an affidavit by the Defendants.

M.J. Hubble Plaintiff
vs                                                   Civil Action
James J. Vaughan & J.B. Winger Defendants
Now at this day comes on to be heard the motion of the Plaintiff filed to suppress the depositions filed by the Defendant in this cause and the Court having seen and fully understood the Same, said motion is by the Court suppressed and this cause continued as an affidavit by the Defendants.

M.J. Hubble Plaintiff
vs                                                   Civil Action
Eugene Fribourg Defendant
Now at this day comes on to be heard the motion of the Plaintiff filed to suppress the depositions filed by the Defendant in this cause and the Court having seen and fully understood the same, said motion is by the Court suppressed and this cause continued as an affidavit by the Defendant.

p 653/654
M.J. Hubble Plaintiff
vs                                                   Civil Action
W.J. McDaniel Defendant
Now at this day comes the Plaintiff in the above entitled cause by his attorney and by leave of Court files his motion to have the costs retaxed in this cause.

p 654.
M.J. Hubble Plaintiff
vs                                                   Civil Action
James Vaughan & J.B. Winger Defendants
Now at this day comes the Plaintiff in the above entitled cause by his attorney and by leave of Court files his motion to have the costs retaxed in this cause.

M.J. Hubble Plaintiff
vs                                                   Civil Action
Eugene Fribourg Defendant
Now at this day comes the Plaintiff in the above entitled cause by his attorney and by leave of Court files his mOtion to have the costs retaxed in this cause.

M.J. Hubble Plaintiff
vs                                                   Civil Action
James Vaughan & M.M. McClure Defendants
Now at this day comes the Plaintiff in the above entitled cause by his attorney and by leave of Court files his motion to have the costs retaxed in this cause.

111
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
p 654.
(J.T. ?) Hooker Plaintiff
vs                                                   Civil Action
B.H. Woodson et al Defendant
Now at this day comes the Plaintiff by his attorney and by leave of Court says he will not further prosecute this cause. It is therefore ordered by the Court that the same be dismissed at the costs of the Plaintiff, and that the Defendant have and recover of and from the Plaintiff his costs of suit laid out and expended and that he have an execution for the same.

E. L. Weaver Plaintiff
vs                                                   Civil Action
James S. McQuerter Defendant
Now at this day comes the Plaintiff and the Defendant in the above entitled cause by their attorneys and by leave of Court this cause is continued until the next term of this Court as on the affidavit of the Defendant.

p 655. June 6th 1866
M.J. Hubble Plaintiff
vs                                                   Civil Action
Eugene Fribourg Defendant
Now at this day comes the Plaintiff in this cause by his attorney and by leave of Court files his motion to strike out the amended answer of the Defendant in this cause.

Now at this day comes the Grand Jury and return into Court nineteen True Bills of Indictment viz Call listed: State vs (no names).
Which are by the Court ordered to be filed and capias to issue on them instanter returnable to the present term of this Court.

T.E. & J. Robberson Plaintiff
vs                                                   Sheriff's Deed W.B. Farmer
N.Ford & J.A. Patterson et al
Now at this day comes J.F, Brown, Coroner of Greene County, and presents a Deed made by him to William B. Farmer for the following described real estate viz the NE 1/4 of the SW 1/4 of Section 20 Township 30 Range 22, Greene County, Missouri, sold under and by virtue of an execution in the above entitled cause, and the said Coroner acknowledged that he executed and delivered the same for the use and purposes therein contained.

p 656.
Presley Pharis Plaintiff
vs                                                   Civil Action
Burden & Woodson Defendants
Now at this day comes the parties by attorneys and on motion the sum of ten dollars heretofore allowed to the Garnishee is by the Court set aside and annulled and the Plaintiff says he will not further prosecute this cause wherefore it is considered by the Court that the same be dismissed and that the Defendant have and recover of and from Plaintiff his costs expended and that he have execution therefor.

Robert P. Faulkner Plaintiff
vs                                                   Judgment on Garnishment
John W. Richardson Defendant
Now at this day it appearing to the Court that John M. Richardson, a Garnishee in
(continued)

112
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
IN VACATION July Term
p 656 (continued)
execution issued by Clerk this Court wherein Robert P. Faulkner is Plaintiff and Branham H. Woodson, James Norfleet and Wiley B. Roper were Defendants has by his answer admitted that he was indebted to said Plaintiff in the sum of $163.58 now due.It is therefore considered and adjudged by the Court that the said Plaintiff Robert P. Faulkner have and recover of and from the said Garnishee, John M. Richardson, the said sum of $163.58, the amount of the indebtedness of the said Defendants, Woodson, Norfleet and Roper, to the said Plaintiff, Faulkner, and that the said Garnishee be allowed the sum of $20 out of funds in his hands belonging to Defendants as a fee for answering the garnishee and attending this Court. And it is further agreed that execution be stayed until the next term of this Court.

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

p 657. June 7th 1866
Court met persuant to adjournment.Present as on yesterday.

p 657/658/659/660/661.
Joseph S. Moss & Clara S. Moss,
his wife and Mary E. Berry, Louisa
M. Berry & Alexander R. Berry by
their guardian, Joseph S. Moss Plaintiffs
vs
Elizabeth D. Campbell, Daniel D.
Berry, John T. Berry, William B. Berry,
Laura J. Berry, Olivia P. Berry
and James L. Matthews Defendants
Now at this day comes the said adult Plaintiffs by their attorney and the said infant Plaintiffs by their said guardian and files their petition wherein they pray partition of the following described real estate situate in the Counties hereinafter named to wit the Sefcl 1/4 Section 9 Township 29 Range 21, containing 80.44 acres and the S 1/2 of SW 1/4 Section 13 Township 29 Range 22, 80 acres, a portion of the N 1/2 of SE 1/4 Section 13 Township 29 Range 22 beginning at a stake at the SE corner of said halfquarter section and the Range Line dividing Ranges 21 and 22,thence running West 94 rods on said last mentioned line, thence North 34 1/4 rods, thence East 94 rods to said Range Line, thence South on said Range Line 34 1/4 rods to the beginning containing 20.19 acres, the East 1/2 of the SW 1/4 of Section 13 Township 29 Range 22 (excepting 20 acres, commencing at the SW corner of the said tract, thence running North 80 rods, thence East 40 rods, thence South so rods, thence West 40 rods to the place of beginning) containing 60 acres, the SWfcl 1/4 of Sect 18 Twp 29 Range 21 (excepting about 2 1/2 acres lying South of the St. Louis Road) containing 80 acres. The above land has upon it the residence, outbuildings, orchard, spring and other improvements

the

E 1/2

of the

NW 1/4

of

Sect 17

T 29

R 23

80 acres

 

NE

of

NE 1/4

of

Sect 20

T 29

R 23

40 acres

 

W 1/2

of the

SW 1/4

of

Sect 17

T 29

R 23

80 acres

 

NW

 

NE

 

Sect 7

T 29

R 21

40 acres

 

SW

 

 

 

Sect 8

T 29

R 21

160 acres

 

W 1/2 W 1/2

 

SE 1/4

 

Sect 8

T 29

R 21

40 acres

 

N 1/2 fcl

 

 

 

Sect 18

T 29

R 22

32.79 acres

 

SWfcl 1/4

 

 

 

Sect 7

T 29

R 22

168.44 acres

 

W 1/2

 

SE 1/4

 

Sect 7

T 29

R 22

80 acres

 

Whole of

 

 

 

Sect 13

T 29

R 23

640 acres

 

E 1/2

of

E 1/2

 

Sect 18

T 30

R 22

160 acres

(continued)

113
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION JULY TERM
p 657/658/659/660/661 cont

the

E 1/2

of

SE 1/4

Sect 7

T 30

R 22

80 acres

 

NW 1/4

 

 

Sect 23

T 30

R 23

160 acres

 

SE 1/4

 

 

Sect 23

T 30

R 23

160 acres

 

E 1/2

 

SW 1/4

Sect 23

T 30

R 23

80 acres

 

SW 1/4

 

 

Sect 24

T 30

R23

60 acres

 

NE 1/4

 

SE 1/4

Sect 24

T 30

R23

40 acres

 

E 1/2

of

SW 1/4

Sect 14

T 30

R 24

80 acres

 

SE 1/4

 

 

Sect 14

T 30

R 24

160 acres

 

W 1/2

of

SW 1/4

Sect 13

T 30

R 24

80 acres

 

W 1/2

of

W 1/2

Sect 24

T 30

R 24

160 acres

 

E 1/2

of

NW 1/4

Sect 25

T 30

R 24

80 acres

 

SW 1/4

of

NW 1/4

Sect 35

T 30

R 20

160 acres

 

E 1/2

of

NW 1/4

Sect 36

T 30

R 20

80 acres

and the following described tract of land commencing at the NE corner of the W 1/2 of the SE 1/4 of Sect 14 Township 29 Range 22, thence West 20 poles for a beginning, thence South 20 poles, thence West 20 poles, thence North 20 poles, thence East 20 poles to the beginning, containing 2 1/2 acres, and the following tracts of land located in the town of Springfield, viz, the N 1/2 of Lot No29 in Block No9 on which is located two brick Stores and one frame store and a tract beginning at the NW corner of the S 1/2 of Lot No 29 in Block No 9, thence South 5 feet, thence East at rightangles with the first named line the whole length of said Lot, thence North 5 feet, thence West along the North boundary of said half lot to the beginning and the following tract of land three acres off Sect 23 Twp 29 Range 22 adjoining Lots 22 and 23 on the West side of said Lots and Lot No 6 in Springfield. The above land lying and being in the same County and State of Missouri and the following Lots in Greenfield, Dade County, Missouri Lots Nos 1 and 2 Block No 8 as laid down in plat of said town containing each fifteen/onehundredths of an acre and the following land lying in Lawrence County

the

W 1/2

of

SE 1/4

Sect 3

T 29

R 25

80 acres

 

SW

of

SE 1/4

Sect 3

T 29

R 25

160 acres

 

E 1/2

of

SE 1/4

Sect 4

T 29

R 25

80 acres

 

NW 1/4

 

 

Sect 10

T 29

R 25

160 acres

 

W 1/2

of

NW 1/4

Sect 20

T 28

R 26

80 acres

 

NE 1/4

of

 

Sect 19

T 28

R 26

160 acres

 

W 1/2

of

SE 1/4

Sect 19

T 28

R 26

80 acres

 

Lot #1

of

NW fcl 1/4

Sect 19

T 28

R 26

80 acres

 

Lot #1

of

SW fcl 1/4

Sect 19

T 28

R 26

80 acres

 

N 1/2

 

Lot #2 SW

Sect 19

T 28

R 26

40 acres

 

SW 1/4

of

SE 1/4

Sect 15

T 27

R 25

40 acres

 

S 1/2

of

SW 1/4

Sect 15

T 27

R 25

80 acres

 

NW 1/4

of

NE 1/4

Sect 22

T 27

R 25

40 acres

 

W 1/2

of

NE 1/4

Sect 22

T 27

R 25

320 acres

 

SE 1/4

of

NE 1/4

Sect 21

T 27

R 25

40 acres

 

W 1/2

of

NE

Sect 21

T 27

R 25

80 acres

 

E 1/2

of

E 1/2

Sect 21

T 27

R 25

80 acres

 

NW

of

NE

Sect 28

T 27

R 25

40 acres

 

NE

of

N 1/2

Sect 28

T 27

R 25

40 acres

and the following land in Jasper County, Missouri

the

S 1/2

of

SW 1/4

Sect 10

T 28

R 29

80 acres

 

W 1/2

of

SW 1/4

Sect 15

T 28

R 29

320 acres

 

NW

of

NE

Sect 17

T 27

R 25

40 acres

 

E 1/2

of

NW 1/4

Sect 17

T 27

R 29

80 acres

(continued)

114
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION JULY TERM
p 657/658/659/660/661 (cont)
Elizabeth D. Campbell, Mary E. Berry, Louisa M. Berry, Alexander R. Berry, William B. Berry, Laura J. Berry and Olivia P. Berry are each entitled to one-tenth of the real estate in this behalf first aforesaid and doth further find that the said parties petitions as well as Defendants are (with the exception of the said Joseph S. Moss and James L. Matthews) the children and only heirs at law of Daniel D. Berry, deceased, and entitled in right of such heirship to the land in this behalf first aforesaid, and that the said Joseph S. Moss as the purchaser from the said John T. Berry and the said James L. Matthews as the purchaser from the said Daniel D. Berry are entitled to the land situate in the Counties of Greene, Lawrence, Jasper and Newton, to the extent and in the manner hereinafter set forth and recited. It is therefore considered by the Court that partition be made of the real estate in this behalf first aforesaid in accordance with respective rights, shares and interests of the said parties, petitioners as well as Defendants, as hereinbefore declared found and set forth and that in order thereto that the following named respectable freeholders of the County of Greene, to wit Joseph Burden, John H. Caynor, Chesley Cannefax, Samuel Wood and H.M. Parrish (or in case of refusal to action the part of any said persons) any three persons of said number are hereby appointed as commissioners to make partition of said real estate in this behalf first aforesaid, according to the respective interests of the parties to this action as above declared and set forth and that report of their proceedings herein be made by such commissioners at the next term of this Court, and that the Clerk of this Court furnishto said commissioners a certified copy of this decree.

p 661.
Now at this day comes the Grand Jury and return into Court six true Bills of Indictments
viz (all 6) State vs _______ (no names)
Which are ordered by the Court to be filed and capias be issued on them returnable to this Term of the Court.

Now at this day it is ordered by the Court for good and sufficient cause that J.J. West be discharged from further service on the Grand Jury.

Lucy Acock Plaintiff
vs                                                   Execution
James Atkinson Defendant
Now at this day comes the Plaintiff by her attorney and files her motion to set aside the proceedings on said executions and to quash the same and it is ordered to that notice be given to George R. Smith the purchaser of real estate, on said execution and to William H. Porter, Sheriff of Pettis County who executed the same of the pendency of this motion that they appear at the next term of this Court if they see cause to be heard in the trial of said motion to which time this cause is continued.

p 662.
Thomas A. Reed, as Sheriff of
Greene County
against                                                   Motion for Judgment
Charles Sheppard
Now at this day comes the respective parties by attorneys and the motion coming on to be heard and tried and the parties announce themselves ready for trial and neither party demanding a Jury the trial is had before the Court sitting as a Jury, and after hearing the evidence the Court doth find that under an execution issued out of the Clerk's office of this Court on a judgment in favor of Thomas J. Bailey, Plaintiff, and against Nicholas F. Jones and George M. Jones, the Plaintiff as Sheriff of said County offered
tcontinued)

115
GREENE COUNTY, MISSOURI, CIRCUIT COURT

CASESBOOK G
IN VACATION JULY TERM
p 657/658/659/6601661 (cont)

the

SW 1/4

of

 

Sect 17

T 27

R 29

160 acres

 

NW

of

SE

Sect 17

T 27

R 29

40 acres

 

S 1/2

of

 

Sect l3

T 27

R 30

320 acres

 

Lots 1 and 2

 

Nefcl

Sect 2

T 28

R 33

80 acres

 

NW

of

SE 1/4

Sect 2

T 28

R 33

40 acres

 

SW 1/4

of

SE 1/4

Sect 2

T 28

R 33

160 acres

 

S 1/2

of

SE 1/4

Sect 3

T 28

R 33

80 acres

 

NW

of

NE

Sect 10

T 28

R 33

40 acres

 

W 1/2 Lots 3,4,5,6

 

NWfc1

Sect 6

T 29

R 29

160 acres

 

E 1/2 Lots 3,4,5,5

 

NEfc1

Sect 1

T 29

R 301

60 acres

 

Lots 5 & 6

 

NW

Sect 1

T 29

R 30

160 acres

 

Lots 5 & 6

 

NE

Sect 2

T 29

R 30

160 acres

and the following lands in Newton County, Missouri

the

SE 1/4

of

NE 1/4

Sect 27

T 27

R 29

40 acres

 

N 1/2

of

S 1/2

Sect 27

T 27

R 29

160 acres

 

NW 1/4

 

 

Sect 27

T 27

R 29

160 acres

 

SE 1/4

 

 

Sect 21

T 27

R 29

160 acres

 

W 1/2

of

SW 1/4

Sect 21

T 27

R 29

80 acres

 

NE

of

SE

Sect 25

T 27

R 30

40 acres

 

NE 1/4

 

 

Sect 25

T 27

R 30

160 acres

 

N 1/2

of

NW 1/4

Sect 25

T 27

R 30

80 acres

 

SE 1/4

of

NW 1/4

Sect 23

T 27

R 30

40 acres

 

NW 1/4

of

NE 1/4

Sect 15

T 25

R 30

40 acres

 

W 1/2

of

E 1/2

Sect 11

T 25

R 311

60 acres

 

SW 1/4

NW 1/4

 

Sect 13

T 25

R 31

40 acres

and the following land in Dallas County, Missouri

W 1/2

of

SE 1/4

Sect 3

T 32

R 20

80 acres

 

W 1/2

of

NE 1/4

Sect 10

T 32

R 20

80 acres

 

NE 1/4

of

NE 1/4

Sect 10

T 32

R 20

40 acres

 

E 1/2

of

SW 1/4

Sect 34

T 33

R 20

80 acres

 

W 1/2

of

SE 1/4

Sect 29

T 26

R 15E

80 acres

 

S 1/2

of

 

Sect 32

T26

R 15E

320 acres

 

SE 1/4

of

NW 1/4

Sect 29

T 30

R 13

40 acres

 

Lot#2

 

NWfcl 1/4

Sect 19

T34

R 28

80 acres

 

S 1/2

of

SW 1/4

Sect 2

T27

R 19

80 acres

Among Plaintiffs and Defendants according to their respective interests therein and the said Defendants being adults appear, also by their attorney and file their answer herein whereby they confess and adniit the allegations of Plaintiff's petition are true and that the said Plaintiffs and said Defendants are seized and possessed of the real estate aforesaid, according to their respective rights and shares as in said petition is set forth answer said Defendants consent toat a decree for partition of the lands aforesaid be rendered at the present Term of this Court, the Court therefore doth ascertain, find and declare that rights, titles and interest of the said parties to this proceeding petition as well as Defendants of, in and to the real estate aforesaid are as follows that the said Joseph S. Moss and the said James L. Matthews are each entitled to one-tenth of the real estate aforesaid, situate in the counties of Greene, Lawrence. Jasper and Newton. That the said John F. Berry and Daniel D. Berry are each entitled to one-tenth of said real estate in this behalf first aforesaid same in the Counties of Greene, Lawrence, Jasper and Newton. That the said Clara S. Moss, wife of said Joseph S. Moss,
(continued)

116
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION JULY TERM
p 622 (cont)
for sale and sold to Defendant in manner prescribed by law real estate in said execution described which said real estate was sold to the said C. Sheppard at and for the sum of $1701 which amounthe refused to pay to the said T.A. Reed, Sheriff, whereupon the said real estate was resold and brought the sum of $812. It is therefore considered and adjudged that the said Thomas A. Reed, as Sheriff as aforesaid have and recover of and from the said C. Sheppard the sum of $889 being the difference between the ainount bid by the said Sheppard for said real estate and at which Sum the same was sold to the said C. Sheppard and the amount which the said real estate afterwards brought at a resale of the same and that any execution issue against the said C. Sheppard for said sum.

p 662/663.
J.S. Moss, surviving partner
J.S. Moss and Co. Plaintiff
vs                                                   Sheriff's Deed J.S. Phelps
Wooten and Goodall Defendants
Now at this day comes John A. Patterson, Sheriff of Greene County and presents a deed made by him to John S. Phelps to the following described land, viz, NW 1/4 of the NW 1/4 of Section 28 Township 28 Range 21 and also a part of the NE 1/4 of Section 36 Township 29 Range 22 beginning at the NW corner of said quarter, thence running Easterly on said Section line 6 rods, thence Southerly parallel to the Western Line of said quarter Section to the South tine of said quarter section, thence westerly to the SW corner of said quarter section 6 rods, thence Northerly on said Quarter section line to the place of beginning. Sold under and by virtue of an execution in the above entitled cause and the said John A. Patterson acknowledges that he executed and delivered the same for the use and purposes therein contained.

p 663.
Joseph S. Moss, surviving partner
J.S. Moss and Co.
vs                                                   Sheriff's Deed to John S. Phelps
John Lair
Now at this day comes John A. Patterson, Sheriff of Greene County and presents a Deed made by hirn to John S. Phelps for the following real estate viz Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, l0, 11, 12, 13, 14, 15, 16, 17, l8, l9, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 in Lair's First Addition to Springfield, Greene County, Missouri, and also Lot 22 in said Lair's addition aforesaid. Sold under and by virtue of an execution in the above entitled lands and the said John A. Patterson acknowledges that he executed and delivered the same for the use and purposes therein contained.

Joseph S. Moss, surviving partner
J.S. Moss and Co
vs                                                   Sheriff's Deed Sheppard and McDaniel
Wooten & Goodall
Now at this day comes John A. Patterson, Sheriff of Greene County, and presents a Deed made by him to Henry Sheppard and William J. McDaniel for the following described real estate in the City of Springfield beginning 40 rods South and 48 rods and 15 feet West of NE corner of the SE 1/4 Section 23 Township 29 Range 22 thence South forty rods, thence West 12 rods, thence North 40 rods, thence East 12 rods to the beginning sold under and by virtue of an execution issued in the above entitled cause and the said John A. Patterson acknowledges that he executed and delivered the same for the use and purposes therein contained.

117
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
In Vacation July Term
p 663/664.
Amanda Peacher Plaintiff
vs                                                   Civil Action
J.M. Kelley et al Defendant
Now at this day comes the respective parties in the above entitled cause by their attorneys and the Plaintiff's attorney herein suggests the intermarriage of the Plaintiff Amanda Peacher with one James S. McQuerter, since the last Term of this Court and asks that the said James S. McQuerter be made a party Plaintiff in this cause whereupon without further consideration it is ordered by the Court that this cause continue to be prosecuted in the name of the Plaintiff therein whose name is now Arnanda McQuerter together with the said James S. McQuerter, her said husband, who has been joined with him as a Plaintiff in this cause.

p 664.
State of Missouri Plaintiff
vs                                                   Grand Larceny
Marion Fortune Defendant
Now at this day comes John A. Patterson, Sheriff of Greene County and brings into Court the body of Marion Fortune in obedience to a capias heretofore issued by the Clerk of this Court and the said Marion Fortune failing to enter into a recognizance for his appearance at the next term of this Court, as required by Law, is ordered into custody of the Sheriff of Greene County in default said recognizance to be by him confined in the Jail of Greene County,

Ordered that Court adjourn until tomorrow morning nine o'clock. R.W, Fyan Cir Judge.

June 8th 1866
Court met persuant to adjournment. Present as on yesterday.

Mercer Moody
vs                                                   Sheriff's Deed to Henry Sheppard
N.F. & J.S. Jones
Now at this day comes T.A. Reed, former Sheriff of Greene County, and presents a Deed made by him to Henry Sheppard for the following real estate viz S 1/2 of Lot No 45 Block 13, City of Springfield, Greene County, Missouri, sold under and by virtue of an execution issued in the above entitled cause, and the said T.A. Reed, Sheriff, as aforesaid acknowledges that he executed and delivered the same as his voluntary act and Deed for the use and purposes therein contained.

J.C. Boone
vs                                                   Civil Action
James Boone et al
Now at this day comes the Plaintiff in the above caujs by his attorney and on his application and by leave of the Court this cause is ordered to be reinstated on the Civil Docket,

p 664/665.
State of Missouri Plaintiff
vs                                                   Indictment, Failing to Repair Road
William R. Robbertson Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and also the Defendant, William It, Robbertson, as principal with Thomas E. Mason as his security who acknowledges themselves to owe and stand indebted to the State
(continued)

118
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION JULY TERM
P 664/665 (continued)
of Missouri in the sum of one hundred dollars to be levied of their respective goods and chattels, lands and tenements to be void on condition that the said William R. Robbertson who is indicted by the Grand Jury of Greene County for Not Working a Certain Road shall be and make his appearance at the Court House in Springfield, Greene County, Missouri, before the Judge of the Circuit Court of said County at the July Term 1866 of said Court and on the first day thereof and answer to said Indictment and not depart said Court without leave else this recognizance to remain in full force and effect.

p 665.
Charles Sheppard, Trustee of
The Presbyterian Church of
Greene County, State of Missouri Plaintiff
against                                                   Civil Action
W.B. Logan, Henry Sheppard,
Horace Sanders, Trustees of the
Presbyterian Church of Greene County,
State of Missouri Defendants
Now at this day comes the Plaintiff by his attorney and James F. Hardin, who is a Trustee in the case, by his attorney, and it appearing to the Court that there is a balance of the money arising from the sale of said real estate in the hands of the said Hardin, which is in his hands awaiting the order of this Court. It is ordered by the Court that said money be paid by the said Hardin to the Treasurer of the Presbyterian Church.

p 666.
T.A. Reed Sheriff
against Civil Action
Charles Sheppard
Now at this day comes the Defendant by his attorney and by leave of Court files his Bill of Exception in this cause which is by the Court signed and sealed.

R.A. McClure Plaintiff
vs                                                   Civil Action
Goodall & Wooten Defendants
Now at this day comes the Defendants in the above entitled cause and files his motion to set aside the same and enter satisfaction of judgment in this cause.

Now at this day comes the Grand Jury and return into Court seventeen True Bills of Indictment viz
(State vs _________ (no names given) on all 17)

Which are ordered by the Court to be filed and capias to issue on the same and the Grand Jury having announced to the Court through their foreman that they have no other business before them are by the Court discharged.

R. Payne et al
against                                                   Sheriff's Deed. H.R. Payne
D. Payne et al
Now at this day comes Henry Matlock, former Sheriff of Greene County, Missouri, into Open Court and is by the Court known as the former Sheriff of Greene County and the identical person whose name is subscribed to the instrument presented by him to the Court as a Sheriff's Deed and acknowledges the execution by him of such instrument as a Sheriff's Deed conveying the SW 1/4 of Section 16 Township 28 Range 22 in Greene County, Missouri, sold for partition under order of Court made in this cause and by him sold to Houston It. Payne and by such deed hereby Acknowledged conveyed to the said Houston R. Payne.

119
GREENE COUNTY, MISSOURI CIRCUIT COUItT CASES

BOOK G
IN VACATION
p. 667.
P. Dodds et al
against                                              Partition of Estate of Garroutte Deceased.
William Garroutte et a1
Now at this day comes Henry Matlock who is known to the Court as former Sheriff into Open Court with a Deed to one Michael Garroutte, conveying the following described real estate situate in Greene County viz the SE 1/4 of SE 1/4 of Section 27 Township 28 Range 24 sold by such former Sheriff under the order of this Court issued in this cause, and said Henry Matlock was known by the Court to be the identical person whose name was subscribed to the foregoing described Deed presented by him and acknowledged as aforesaid.

William It. Ingram et al
against                                             Partition of Estate of S.S. Ingram, deceased
T.B. Payne et al
Now at this day comes H..J. Lindenbower and files his petition herein showing that at a sale of real estate made by former Sheriff Henry Matlock, under tbe proceedings had in this cause one B.W. Cannefax became the purchaser of the following described real estate Situate in Greene County, Missouri, viz W 1/2 of NE 1/4 of SW 1/4 Section 35 Township 29 Range 22 at $3068 and that most of such money remains unpaid, and that the Equity of B.W, Cannefax has been sold under execution and purchased by H.J. Lindenbower. Said Lindenbower asks to be substituted as purchaser under the proceedings had here in and on the payment of the purchase money due by him to Sheriff (former) that such Sheriff be required to convey the land to the said Lindenbower and it further appearing that a mistake was made by the Sheriff in his report and in his certificate to the purchaser by describing said land as W 1/2 of SW 1/4 of Section 35 Township 29 Range 22. The Court therefore orders that on the payment of the purchase money due to the said Henry Matlock by the said H.J. Lindenbower that such Sheriff convey to him as a substituted purchaser the following described real estate the W 1/2 of NE 1/4 and W 1/2 of SE 1/4 Section 35 Township 29 Range 22.

p 668.
R. Payne et al
vs                                        Partition Proceeding in Estate of L. Payne, deceased.
D. Payne et al
Now at this day comes H.J. Lindenbower and shows to the Court his petition filed herein and by proof offered in support of same that at a partition sale made under the order of this Court in this cause the W 1/2 of SE 1/4 of Section 17 Township 28 Range 22 land situate in Greene County, Missouri, was sold to B.W. Cannefax at $880 which amount of purchase money has not been paid and that the Equity of B.W. Cannefax was sold under execution and that the said H.J. Lindenbower became the purchaser of the same. Said petitioner asks to be substituted as a purchaser and on payment of the purchase money due to Henry Matlock, former Sheriff of said County, by H.J. Lindenbower, that the said Sheriff convey said real estate to the said H.J. Lindenbower as substituted purchaser under proceedings herein. And the facts stated in said petition being shown to be true, it is therefore considered and adjudged by the Court that the said Henry Matlock, as former Sheriff convey to H.J. Lindenbower said real estate on payment by him of the purchase money due and that the said H.J. Lindenbower be and he is substituted as purchaser of said land under the proceedings herein.

p 668/669.
T.A. Reed Sheriff
against                                                   Civil Action
Charles Sheppard
Now at this aay comes the said Charles Sheppard as principal and Henry Sheppard and John
(continued)

120
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
p 668/669 (cont)
S. Phelps as his securities and acknowledge themselves to owe and be indebted to the said Reed Sheriff, the Plaintiff in this cause in the sum of $1700 to be levied of their respective lands and tenements conditioned that the said Charles Sheppard, the appellant, will prosecute his appeal with due diligence to a decision in the Supreme Court and shall perform such judgment as shall be given by the Supreme Court, or such as the Supreme Court may direct the Circuit Court to give, and if the judgment of such Court or any part thereof be affirmed that he will comply with and perform the same, so far as it may be affirmed, and will pay all damages and costs which may be awarded against the appellant by the Supreme Court, and therefore the Court doth order that a stay of execution be in this cause until said appeal be decided.

p 669.
Ordered that Court adjourn until Court in Course,

In the Circuit Court, Greene County, Missouri, July Term thereof of 1866

McGruder Tannehill Plaintiff
against
Henry Small 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 amongst other things that the above named Defendant is a nonresident of the State of Missouri so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Circuit Court of Greene County, in the State of Missouri, founded on a claim for damages for taking the property of Plaintiff viz one roan horse age 6 or 7 years old 14 or 15 hands high of the value of $200 and that unless Henry Small 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 3rd Monday in January A.D. 1866 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 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 this Court.

p 669/670.
John M. Danforth admin of estate
of James R. Danforth, dec. Plaintiff
against                                          In the Circuit Court, Greene County, Missouri
Harriet Smith, D.C. Smith
and Patrick R. Smith Defendants
Now at this day comes the Plaintiff by his attorney in the above entitled cause before the undersigned Clerk of the CircuitCourt of Greene County, Missouri, in vacation, and files his petition stating amongst other things that the Defendants, D.C. Smith and P.R. Smith in the above entitled cause are nonresidents of the State of Missouri. It is therefore ordered by the Clerk aforesaid, in vacation, that publication be made notifying them that an action has been commenced against them by petition and publication in the CircuitCourt of Greene County, Missouri, founded on a promissory note for the direct payment of money, whereby they are indebted to Plaintiff in the sum of $675 and that unless they be and appear at the next term of said Court to be holden on the third Monday in January 1867 at the Court House in Springfield in said City and State and 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 (continued)

121
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
P 669/670.(cont)
that a copy hereof be published in the Southwest Union Press, 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 670.
Alsey Oneal Plaintiff
against                                          In the Circuit Court, Greene County, Missouri
Samuel Campbell Defendant
Now at this day comes the Plaintiff in the above entitled cause before the undersigned Clerk of said Circuit Court, 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 Defendant, Samuel Campbell, 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 claim for damages arising from wrongful taking and conveying away the personal property of Plaintiff and not returning the same; wherein Plaintiff claims damages in the sum of $2300 and that unless 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 third Monday in January A.D. 1867 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 according to 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.

p 670/671.
Magruder Tannehill Plaintiff
against                                          In the Circuit Court, Greene County, Missouri
William Christopher 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 amongst other things that the above named Defendant is a nonresident of the State of Missouri so that the ordinary process of Law cannot be served upon him. It is therefore ordered by the Court aforesaid 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 County in the State of Missouri founded on a claim for damages for unlawful taking the property of the Plaintiff to wit one large lot of bed clothing, one pistol and 4 guns and 6 plows by which he says he is damaged in the sum of one thousand dollars and that unless he be and appear at the next term of said Court to be holden at the Court House in Greene County and State aforesaid on the third Monday in January l867 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, 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 671.
Be it remembered that on this twentyfifth day of June A.D. 1866, Henry Trochliz (or Frochliz) a native of the Kingdom of Hanover comes into Court and makes oath on the Holy Evangelists of Almighty God that it is bona fide his intention to become a Citizen of the United States, and renounce and abjure forever all allegiance and fidelity to
(continued)

122
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
IN VACATION
P 671 (cont)
every Foreign Prince, Potentate, State and Sovereignity whatever and particularly all allegiance and fidelity to King Earnest August of whom he is now a subject.

p 672. Regular July Term 1866

Be it remembered that regular term of the Greene County Circuit Court begun and held at the Court House in Springfield, Greene County, Missouri, on the third Monday in July A.D. 1866 there were present the Honorable R.W. Fyan, Judge of the 14th Judicial Circuit; James H. Creighton, Circuit Attorney for said Circuit; R.A.C. Mack, Clerk of said Court and John A. Patterson, Sheriff of said County, where and when the following proceedings were had

State of Missouri
vs                                                   Indictment
N.H. Choat
Now at this day comes the Defendant in the above entitled cause by his attorney and presents depositions of Defendant in this cause which are by the Court ordered to be filed and published.

Other Depositions filed
A.C. Sheppard vs G.W. Messick
Elisha White vs B.H. Bills
John Stowe vs Elizabeth Campbell
Lemuel H. Freeman, adm vs G.P. Shackleford, adm
Mercer Moody vs W.H. Burden

p 673 July 16th 1866.
Now at this day comes John A. Patterson, Sheriff of Greene County, and returns into Court a venire facias for a Grand Jury, viz, Samuel W. Headlee (1) who is by the Court appointed foreman, E.b. Short (2) JA. Owen (3) William West (4) Frank Coran (5) RD. Rlades (6) Joseph Gott (7) S.A. Ingram (8) James Abbott (9) John Harkness (10) T.C. Drumright (11) T.A. Reed (12) W.S. Landreth (13) Emsley Wharton (14) John R. Cox (15) Thomas Rountree (16) sixteen good and lawful men who have been duly sworn as the Law directs and having heard the instructions of the Court retired to consider of their presentments.

Now at this day it is ordered by the Court that A. Bailey be excused from further serving as a Petit Juror at this Court for good and sufficient cause shown.

Charles Layton Plaintiff
vs                                                   Civil Action
Spencer Hooper Defendant
Now at this day comes the Plaintiff by his attorney and files his affidavit in this cause asking for a change of venue to some other County in this Circuit alleging therein that the inhabitants of Greene County are so prejudiced against him that he cannot obtain a fair trial in said County of Greene. It is therefore ordered by the Court that a Change of Venue in this cause be awarded to the Circuit Court of Christian County in the State of Missouri and it is further ordered by the Court that the Clerk of this Court certify the record and papers in said cause to the Clerk of the Circuit Court of Christian County as the Law directs without unnecessary delay and that said Plaintiff pay all costs in this behalf for which a fee bill may issue.

123

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