Springfield-Greene
County LibraryJuly Term 1865
Book G
p 350
Samuel Crenshaw
vs Sheriff's Deed to T.H. Sherwood
Benjamin W. Cannefax
Now at this day comes J.A. Patterson Sheriff of Greene County and presents a Deed made by him to Thomas A. Sherwood for the following real estate viz NW1/4 NW1/4 , SW1/4 NW1/4, SE1/4 NE1/4 Section 33 and NW1/4 NW1/4 , SW1/4 NW1/4 Section 34, SE1/4 NE1/4 Section 31 all in Township 29 Range 22 also NE1/4 NW1/4
Section 23 Township 28 Range 22 and E1/2 SE1/4 and E1/2 NE1/4 Section 35 and E1/2 SE1/4 Section 25 Township 29 Range 24 sold under and by virtue of an execution in the above entitled cause and the said Patterson acknowledged that he executed and delivered the same for the uses and purposes therein contained.
Now at this day it is ordered by the Court that the person Morgan who is in the Court be remanded to Jail which is accordingly done.
p 351.
State of Missouri Plaintiff
vs Selling Goods Without License
Charles Jacobs Defendant
Now at this day comes the Circuit Attorney who prosecutes and Charles Jacobs as principal and James Vaughan as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be levied of their goods and chattels, lands and tenements to be void on condition that Charles Jacobs who was Indicted for Selling Goods Without License and fined $250 in the Greene Circuit Court and has taken an appeal to the Supreme Court shall appear before the Judge of the Supreme Court at Jefferson City, Missouri, on the first Monday in January 1866 and prosecute his said appeal, abide and perform in the judgment of said Court and not depart the same without leave.
State of Missouri Plaintiff
vs Selling Goods Without License
Charles Jacobs Defendant
Now at this day it appearing to the Court that the Defendant has filed his affidavit and entered into a good and sufficient recognizance was granted an appeal to the Superior Court and for good cause it is ordered that said appeal operate as a stay ofexecution in this cause and the Defendant files his Bill of Exceptions.
For cause shown it is ordered that J.K. Alsup be excused from further attendance on Grand Jury. Also for cause shown, James Cuthburtson is excused from further service on Petit Jury and the Sheriff ordered to supply his place from the same township.
Now at this day comes James Vaughn and shows to the Court that he has to attend as Juror on the first day of this Court on account of sickness in his family and self and the Court doth thereupon order the fine imposed on him to be remitted.
p 352.
William Friend Plaintiff
vs Civil Action
A.T. Klepper Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court files his petition by his affidavit by which it appears that the Defendant is a nonresident of this State. It is therefore ordered by the Court that publication be made notifying said Defendant that the Plaintiff has commenced a suit against him in the Greene Circuit Court to recover judgment for the sum of $150 with interest since the 18th Sept 1857
(continued)
133
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 352 (continued)
at 10% for security money paid to Plaintiff for Defendant and that unless he be and appear at the Court House in Springfield at the next term of this Court and plead, answer or demur to Plaintiff's petition on or before the third day of this term (if the same shall so long continue if not then before the end of the term) the same will be taken as true and judgment rendered against him accordingly. And it is further ordered that this notice be published in the weekly Missouri Patriot for four successive weeks, the last insertion at least four weeks before the next term of this Court.
p 352/353.
William B. Berry Plaintiff
vs Appeal From Probate Court
B.W. Henslee and William Norfleet
admin G.P. Shackleford Defendants
Now at this day comes the parties by their respective attorneys and neither party requiring a Jury this cause is submitted to the Court and the Court doth find from the evidence adduced that the said deceased was indebted to the Plaintiff in the sum of $311.50 the same amount found to be ___ by the Probate and Common Pleas Court of Greene County. Whereupon it is ordered that the said Probate and Common Pleas Court allow said demand as of the date of its allowance by said Court and in the class in which the same was allowed and that the Clerk of this Court is hereby ordered to certify a transcript of the record and original papers sent up to this Court with this case to the Court from whence the appeal was taken. And it is further ordered that the Plaintiff have and recover his costs in this Court to be certified to the said Court for allowance against said estate.
p 353.
Harvey Fry Plaintiff
vs Civil Action
Simpson Clark Defendant
Now at this day comes the Plaintiff by his attorney and this cause coming on for a final hearing and the necessity of a Jury be waived, the cause is submitted to the Court and the Court sitting as a Jury doth find from the evidence adduced that the Defendant is indebted to Plaintiff in the sum of $3000 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant the said sum of $3000 and also his costs in this behalf expended and that he have an execution therefor.
Ordered that Court adjourn until tomorrow morning 9 o'clock.
p. 354.
August 1st 1865.
Court met pursuant to adjournment. Present as on yesterday.
E.T. Robberson
vs Sheriff's Deed to E.T. Robberson
Ripley B. Weaver
Now at this day comes J.A. Patterson, Sheriff of Greene County, and presents a Deed made by him to E.T. Robberson for the following real estate viz SW1/4 Section 24 the NW1/4 Section 25 Township 26 Range 22, sold under and by virtue of an execution in the above entitled cause and the said J.A. Patterson acknowledged that he executed and delivered the same for the uses therein contained.
134
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 354.
C.A. Haden
vs Sheriff's Deed to J.H. Caynor
John W. Hancock
Now at this day comes J.A. Patterson, Sheriff of Greene County, and presents a Deed made by him to J.H. Caynor for the following real estate viz beginning at the SE corner of a Lot of land heretofore conveyed by J.H. Haden to the parties composing the firm of John H. Caynor and Co., being a part of Section 23 Township 29 Range 22, thence running East along the North boundary of Olive Street 160 feet, thence North 35 rods 20 links to Section Boundary Section 23 and 14 thence West along Section line 160 feet, thence South to beginning, sold under and by notice of an execution in the above entitled cause and the said J.A. Patterson acknowledged that he executed and delivered the same for the uses therein contained.
C.W. & J.E. Bodenhamer
vs Sheriff's Deed to H.R. Payne
J.N. Carthel et al
Now at this day comes J.A. Patterson, Sheriff of Greene County, and presents a Deed made by him to H.R. Payne for the following real estate viz NW1/4 SE1/4, NW1/4 NE1/4, SW1/4 NE1/4 Section 16 Township 28 Range 22, sold under and by virtue of an execution in the above entitled cause and the said J.A. Patterson acknowledged that he executed and delivered the same for the uses therein contained.
p 354/355.
Andrews and Vaughn
vs Sheriff's Deed to Andrews and Vaughn
G.L. Mitchell
Now at this day comes J.A. Patterson, Sheriff of Greene County, and presents a Deed made by him to Andrews and vaughn for the following real estate viz E1/2 Lot 2 NE fcl Section 6 Township 28 Range 22, E1/2 Lot 2 NW fcl Section 5 & NW1/2 SW1/4 & NW1/4 SE1/4 Section 5 Township 28 Range 22. Also the following described Lot situate in Springfield, Mo.,beginning at the SE corner of Public School House Lot, thence West 2 rods, thence 24 poles & 4 links, thence West 14 poles 23 links, thence South 29 poles 25 links to a tract of land which said Mitchell deeded to R.J. McElhaney, thence East 17 poles, thence North 5 poles 21 links to beginning, sold under and by virtue of an execution in the above entitled cause and the said J.A. Patterson acknowledged that he executed and delivered the same for the uses therein contained.
p 355.
R.J. McElhaney
vs Sheriff's Deed to Jas Hayes
L.A. Campbell
Now at this day comes J.A. Patterson, Sheriff of Greene County, and presents a Deed made by him to James Hayes for the following real estate viz described as 8 acres off the North end of the SW1/4 of NE1/4 Section 26 Township 29 Range 22, sold under and by virtue of an execution in the above entitled cause and the said J.A. Patterson acknowledged that he executed and delivered the same for the uses therein contained.
Z. Sims
vs Sheriff's Deed to Z. Sims
B.G. Sims
Now at this day comes J.A. Patterson, Sheriff of Greene County, and presents a Deed made by him to Z. Sims for the following real estate viz SE1/4 SE1/4, SW1/4 Section 25 Township 31 Range 21 & SE1/4 of NE1/4 Section 33 Township 31 Range 21. The S1/2 Lot 2 NW fcl 1/4 Section 31 Township 31 Range 20 and W1/2 NE1/4 and E1/2 NW1/4 and NE1/4 SE1/4 Section 36
(continued)
135
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 355 - (cont.)
Township 31 Range 21, sold under and by virtue of an execution in the above entitled cause and the said J.A. Patterson acknowledged that he executed and delivered the same for the uses therein contained.
Polly Steel
vs Sheriff's Deed to C.F. Drumright
John W. Steel
Now at this day comes J.A. Patterson, Sheriff of Greene County, and presents a Deed made by him to C.F. Drumright for the following real estate viz NE1/4 NW1/4 Section 23 Township 29 Range 20 sold under and by virtue of an execution in the above entitled cause and the said J.A. Patterson acknowledged that he executed and delivered the same for the uses therein contained.
p 356.
Sheppard, Kimbrough & Weaver
vs Sheriff's Deed to C. & H. Sheppard
John H. Miller
Now at this day comes J.A. Patterson, Sheriff of Greene County, and presents a Deed made by him to H. & C. Sheppard for the following real estate viz NE1/4 NE1/4 Section 27 Township 28 Range 22 sold under and by virtue of an execution in the above entitled cause and the said J.A. Patterson acknowledged that he executed and delivered the same for uses therein contained.
Bank of Missouri
vs Sheriff's Deed to E. Headlee
J.S. & E.E. & E. Headlee
Now at this day comes J.A. Patterson, Sheriff of Greene County, and presents a Deed made by him to E. Headlee for the following real estate viz NW1/4 SE1/4, SE1/4 SW1/4 and N1/2 SW1/4 Section 15 SW1/4 NW1/4 Section 14, NW1/4 SE1/4 Section 27, NW1/4 NW1/4 Section 33 Township 30 Range 22 and SE1/4 SE1/4 Section 27 Township 31 Range 22 sold under and by virtue of an execution in the above entitled cause and the said J.A. Patterson acknowledged that he executed and delivered the same for uses therein contained.
J.R. Danforth
vs Sheriff's Deed to J.W. Danforth
N.J., G.W. & J.S. Jones
Now at this day comes J.A. Patterson, Sheriff of Greene County, and presents a Deed made by him to J.W. Danforth for the following real estate viz Lot 1 Kimbrough's 1 addition to Springfield, also Lots 50, 47, 46 Block 12 in Springfield, also commencing at a point 1028 feet North of SW corner of E1/2 NE1/4 Section 14 Township 29 Range 22, thence East 300 feet, thence South 210 feet, thence West 300 feet, thence North to beginning, also beginning 1080 feet North and 30 feet East of SW corner E1/2 NE1/4 Section 14 Township 29 Range 22, thence North 19 feet, thence East 280 feet, thence South 190 feet, thence West to beginning, also West side South Street West of Lot 68 Block 18 and North 1/2 Lot 6 Kimbrough's addition, sold under and by virtue of an execution in the above entitled cause and the said J.A. Patterson acknowledged that he executed and delivered the same for uses therein contained.
p 356/357
Henry Paulsell
vs Sheriff's Deed to H. Paulsell
William B. Garroutte
Now at this day comes J.A. Patterson, Sheriff of Greene County and presents a Deed made by him to H. Paulsell for the following real estate viz SE1/4 SE1/4 and SE1/4 SW1/4
(continued)
136
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 356/357 - (cont.)
Section 5 and NE1/4 NW1/4 Section 4 Township 28 Range 24 sold by and under an execution in the above entitled cause and the said Sheriff acknowledged that he executed the same for the purposes therein contained.
p 357.
N.A.H. Murphy et al Plaintiff
vs On Appeal to Superior Court
John P. Campbell Defendant
Now at this day comes the Defendant and shows to the Court a Certified Copy of the Judgment of the Supreme Court in this cause by which this Court is ordered to dismiss the same. It is therefore considered by the Court that the same be dismissed, that the Plaintiff take nothing by his suit and that the Defendant have his costs in this behalf expended and have an execution therefor.
p 358.
State of Missouri Plaintiff
vs Manslaughter
S.A. Harshbarger Defendant
Now at this day comes the Grand Jury and return "not a true bill" in this cause whereupon it is considered by the Court that the State take nothing by her said recognizance, that the Defendant be discharged hereof together with his recognizance and go hence without day.
p 359.
State of Missouri Plaintiff
vs Petit Larceny
Margaret J. Jones Defendant
Now at this day comes the Circuit Attorney and the Grand Jury having failed to find a true bill and having reconsidered that Pleasant Baker pay the costs, it is considered by the Court that the said Pleasant Baker be taxed and adjudged to pay the costs in this behalf and that an execution issue for the same.
p 360
Henry Dean Plaintiff
vs Civil Action
Moses Haight Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant has been notified of the commencement of this suit more than fifteen days before the first day of this Court by copy of writ and petition and having failed to plead, answer or demur to Plaintiff's petition the same being founded on a note signed by the Defendant for the direct payment of money whereby the amount ascertained the Court doth find that Defendant is indebted to Plaintiff in the sum of $300 debt and $40 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt of $300 and his damage of $40 and also his costs. That he have an execution therefor and this judgment bear 10%.
p 360/361.
James B. Susk admin of
John Susk, deceased Plaintiff
vs Civil Action
B.H. Saye, J.N. McCoy
& John W. Mitchell Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that said
(continued)
137
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 360/361 (cont.)
said Defendants have been duly notified of the commencement of this suit by publication in the weekly Missouri Patriot four successive weeks, the last insertion at least four weeks before the present term of this Court and the Defendant having failed to plead, answer or demur to Plaintiff's petition and the same being founded on a promissory note signed by Defendant for the direct payment of money, the Court from an examination of the same doth find from the same that Defendants are indebted to Plaintiff in the sum of $254.10 debt and also $116.41 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt of $254.10 and damage of $116.41 and also his costs and that he have execution therefor and this judgment bear 10%.
p 361.
Joseph W. McClurg, Harvey A. Massey,
Marshal W. Johnson & Edward B. Torbit
Trewnery Portines composing the firm doing
business under the name of McClurg
Murphy & Co Plaintiffs
vs Civil Action
Lambert P. Ayers. Defendant
Now at this day comes the Plaintiffs by their attorney and it appearing to the satisfaction of the Court that the said Defendant has been duly notified of the commencement of this suit by a copy of Writ of Summons and petition more than 15 days before the present term of Court and having failed to plead, answer or demur to Plaintiff's petition the same being founded on two promissory notes signed by Defendant whereby his indebtedness is ascertained, the Court from an examination of the same doth find that the Defendant is indebted to the Plaintiffs in the sum of $14,832.30 debt and the further sum of $6603.86 damage. It is therefore considered and adjudged by the Court that the Plaintiffs have and recover of and from Defendant for the said sum of $14,832.30 debt and the further sum of $6603.86 damage. It is therefore considered and adjudged by the Court that the Plaintiffs have and recover of and from Defendant the said sum of $14,832.30 debt and $6603.86 damage and also their costs, that this Judgment bear 10% and that execution issue therefor.
p 361/362.
J.H. Show Plaintiff
vs Civil Action Appeal from J.P.
Peter Copeland Defendant
Now at this day comes the parties by their attorney and the parties being ready for trial therefore comes a Jury, viz H. Jones, J. Dyer, F.E. Watterson, George Wiley, A.J. Potter and D. Headlee, six good and lawful men who being duly elected and sworn to try the issue joined, having heard the evidence and instructions of Court on their oath say "We the Jury find the issue in favor of the Defendant." It is therefore considered and adjudged by the Court that the Plaintiff take nothing by his suit and that the Defendant have and recover of and from Plaintiff his costs in this behalf laid out and expended and that execution issue therefor.
p 362.
Sheppard, Kimbrough & Weaver, a firm
composed of A. Sheppard, J.B. Kimbrough
and Edward L. Weaver Plaintiffs
vs Civil Action
Thomas J. Weaver Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the said Defendant has been duly notified of the commencement of this suit by publication
(continued)
138
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 362 (cont)
in the Springfield Journal 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 by the Court taken as true and it is considered by the Court that the Defendant have judgment by default but it not appearing to the Court here what judgment Plaintiff is entitled to. It is ordered that enquiry be had at the next term of this Court to ascertain the same to which time this cause is continued.
Sheppard, Kimbrough & Weaver a firm
composed of A. Sheppard, J.B. Kimbrough
and Edward L. Weaver Plaintiffs
vs Civil Action
Felix B. Weaver & Thomas J. Weaver Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the said Defendants have been duly notified of the commencement of this suit by publication in the Springfield Journal 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 by the Court taken as true and it is considered by the Court that the Plaintiffs have Judgment by default but it not appearing to the Court what judgment Plaintiff is entitled to. It is ordered that an enquiry be had at the next term of this Court to ascertain the same to which time this cause is continued.
p 362/363.
Thomas Tiller Plaintiff
vs Civil Action
John N. Winsett, J.W. Goss
and William H. Pipkin Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants have been duly notified of the pending of this suit by copies of Writ of Summons and petition more than 15 days before the first day of this Court and having failed to plead, answer or demur to Plaintiff's petition the same being founded on a promissory note signed by Defendants and Mortgage on real estate to serve the payment and thereof, it is considered by the Court that Plaintiff have judgment by default, but it not fully appearing t 0 the Court here what judgment Plaintiff is entitled to. It is ordered that enquiry be made at the next term of this Court to inform the Court here to which time this cause is continued.
p 363/364.
George R. Barrett Plaintiff
vs Civil Action
Benjamin Hardin Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that Defendant has been duly notified of the pending of this suit by publication in the weekly Missouri Patriot for four successive weeks the last insertion at least four weeks before the first day of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is by the Court 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 judgment the Plaintiff is entitled to. It is ordered that enquiry be had at the next term of this Court to inform the Court here to which time this cause is continued.
139
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 364.
Hardy C. White Plaintiff
vs Civil Action
Gabriel W. Freeman Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the Court that the Defendant has been duly notified of the pending of this suit by publication in the weekly Missouri Patriot 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 being founded on an agreement to convey real estate it is therefore considered by the Court that the Plaintiff have judgment by default but it not yet appearing to the Court what judgment the Plaintiff is entitled to. It is ordered that Enquiry be had at the next term of this Court to inform the Court here to which time this cause is continued.
p 364/365.
Bank of Missouri Plaintiff
vs Civil Action
Ephraim R. Fulbright Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on for a final bearing the Defendant having been duly notified of the commencement of this suit in the weekly Missouri Patriot for four successive weeks the last insertion four weeks before the first day of this Court and the Defendant having failed to plead, answer or demur to Plaintiff's petition the action being founded on an instrument of writing signed by Defendant the Court from an examination of the same doth find that the Defendant is indebted to Plaintiff in the sum of $1711.00 debt and $521.58 damage. And the Court doth further find that on the 15th day of April 1865 an attachment was issued from the Office of the Clerk of this Court and was on the 15th April 1865 levied on the following real estate of Defendant viz W1/2 SW1/4 Section 16 Township 29 Range 22. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant her said sum of $1711.00 debt and $528.58 damage and also costs of suit and that a special execution issue against the property attached.
p 365.
H.A. Massey & William McAdams
vs Civil Action
Joshua M. Bailey Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Garnishee, Joseph Gott, has been duly summoned as Garnishee in this cause and has failed to answer or otherwise plead to the interrogations of Plaintiff filed. It is considered by the Court that the Plaintiff have judgment against said Garnishee, Joseph Gott, by default but it not appearing to the Court here what judgment Plaintiff is entitled to. It is ordered that an inquiry be held at this term of this Court.
Ordered that Court adjourn until tomorrow 9 o'clock. S.H. Boyd Circuit Judge.
p 366. August 2nd 1865. Court met pursuant to adjournment. Present as on yesterday.
E. Headlee public admin
vs Civil Action Sheriff to Lindenbower
W.H. Blakely et al
Now at this day comes John A. Patterson, Sheriff of Greene County and presents a Deed made by him to H.J. Lindenbower for the following real estate viz NE1/4 Section Ten Township 28 Range 22 and NE1/4 NE1/4 Section 12 Township 26 Range 22 & W1/2 SW1/4 Section
(continued)
140
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 366 (continued)
33 Township 29 Range 22, sold under and by virtue of an execution in the above entitled cause and the said J.A. Patterson acknowledged that he executed and delivered the same for the uses therein contained.
p 366/367.
H. Matlock
vs Sheriff Deed to H.J. Lindenbower
B.W. Cannefax & L.A. Rountree
Now at this day comes John A. Patterson, Sheriff of Greene County and presents a Deed made by him to H.J. Lindenbower for the following real estate viz NW 1/4 NE 1/4 , SW 1/4 NE 1/4 , NW 1/4 SW 1/4 & SW 1/4 SW 1/4 Section 35 Township 29 Range 22; NW 1/4 SE 1/4 and SW 1/4 SE 1/4 Section 17 Township 28 Range 22 and NE 1/4 NW 1/4 , SE 1/4 NW 1/4 the NW 1/4 NE 1/4 & SW 1/4 NE 1/4 Section 34 Township 29 Range 22 sold under and by virtue of an execution in the above entitled cause and the said Patterson acknowledged that he executed and delivered the same as Sheriff for the uses therein contained.
p 367.
Henry Matlock
vs Deed to H.J. Lindenbower
S. Fulbright & B.W. Cannefax
Now at this day comes John A. Patterson, Sheriff of Greene County, and presents a Deed made by him to H.J. Lindenbower for the following real estate viz NW1/4 SE1/4 , SW1/4 SE1/4 , the W1/2 NW1/4 SW1/4 and the W1/2 SE1/4 SE1/4 Section 34 Township 29 Range 22, sold under and by virtue of an execution in the above entitled cause and the said Patterson acknowledged that he executed and delivered the same as Sheriff for the uses therein contained.
George Husman & J. Philips
vs Deed to J.M. Richardson
Herman Foster
Now at this day comes John A. Patterson, Sheriff of Greene County, and presents a Deed made by him to J.M. Richardson for the following real estate viz NE1/4 NW1/4 Section 26 and NE1/4 NE1/4 Section 27 Township 29 Range 22 sold by virtue of an execution in the above entitled cause and the said Patterson acknowledged that he executed and delivered the same as Sheriff for the uses therein contained.
Samuel Spears
vs Deed
J.W. Hancock
Now at this day comes John A. Patterson, Sheriff of Greene County, and presents a Deed made by him to J.M. Richardson for the following real estate viz undivided half of Lot 1 NWfcl 1/4 and Lot 2 NWfcl 1/4 Section 30 Township 28 Range 23, E1/2 Section 9 E1/2 NE1/4 NE1/4 SE1/4 Section 6 SW1/4 SW1/4 SE1/4 SW1/4 N1/2 SW1/4 and N1/2 SE1/4 Section 21 Township 29 Range 21 sold under execution in the above entitled cause and the said Patterson acknowledged that he executed and delivered the same for the uses therein contained.
p 367/368.
Joseph Gott & Jas Burns
vs Deed to Jos Gott
O.B. Smith
Now at this day comes John A. Patterson, Sheriff of Greene County, and presents a Deed made by him to Jos Gott for the following real estate viz E1/2 Lot 5 NWfcl W1/2 Lot 5 NWfcl 1/4 E1/2 Lot 6 NWfcl & W1/2 Lot 6 NWfcl Section 1 Township 29 Range 22 sold under execution in the above entitled cause and the said Patterson acknowledged that he executed and delivered the same for the uses therein contained.
141
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 366
Asa Lyman
vs Civil Action
John C. Thompson & Robert Cloud
Now at this day comes the Defendant Robert Cloud by attorney and on his application and for good cause shown the interlocutory judgment rendered against said Cloud is by the Court set aside and leave given to him to plead by the first day of the next term without trial.
p 369.
J.M. Bailey Plaintiff
vs Civil Action
John McHenry Defendant
Now at this day this cause being called and the Plaintiff disclaiming any interest in and refusing to further prosecute it is ordered that this cause be stricken from the Docket and cause is dismissed at Plaintiff's cost.
W.F. Woolsey Plaintiff
vs Civil Action
J.F. Oneal Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant has been duly notified of this suit by a copy of summons and petition and having failed to Plead, answer or Demur to Plaintiff's petition the same is by the Court taken as true, and it is considered by the Court that the Plaintiff have judgment by default, but it not appearing what judgment Plaintiff is entitled to. 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.
Sarah F. Howard Plaintiff
vs Civil Action
Joseph F. Oneal Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant has been duly notified of this suit by a copy of Writ and Petition and having failed to plead, answer or demur to Plaintiff's petition the same is by the Court taken as true, and it is considered by the Court that the Plaintiff have judgment by default but it not appearing what judgment Plaintiff is entitled to. 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 370.
John S. Kimbrough Plaintiff
vs Civil Action
Joseph B. Kimbrough Defendant
Now at this day comes the Plaintiff and it appearing to the Court that the Defendant is a nonresident of this State. It is ordered that he be notified by publication that the Plaintiff has commenced a suit against him for $265.95 paid by Plaintiff for Defendant and that unless he be and appear in this Court at the Court House in Springfield on the first day of the next term of this Court and plead, answer or demur to Plaintiff's petition on or before the 3rd day of the term (if the same shall so long continue, if not then before the end of the term) the same will be taken as true and a judgment rendered accordingly. And it is ordered that this notice be published for four successive weeks in the weekly Missouri Patriot the last insertion at least four weeks before the first day of the next term.
142
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 370.
Now at this day it is ordered by the Court that J.R. Waddill be released from duties of a reference in the cause of Beardslee and Brother vs H.F. Fellows.
p 371.
State of Missouri Plaintiff
vs Forfeited Recognizance
James W. Blakey Defendant
Now at this day comes the Circuit Attorney who prosecutes and it appearing to the Court that the said Defendant had forfeited his recognizance and that from the Sheriff return on scira facias that the said Defendant J.W. Blakey could not be found, and it also appearing to the Court that the said Defendant had been duly notified by publication in the Springfield Journal for four successive weeks the last insertion at least four weeks before the present term of this court to appear at the said Court and show cause if any he had why said forfeiture should not be made absolute and judgment rendered against him for the sum of $200 the amount of said recognizance and said Defendant having failed to appear and show cause as required, it is considered by the Court that said forfeiture be made absolute. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant the said sum of $200 and also her costs in this behalf and that she have execution therefor.
p 372.
James Vaughn Plaintiff
vs Civil Action
Joseph Gott Defendant
Now at this day comes the said parties by their respective attorneys and having announced ready for trial and having waived the necessity of a Jury the cause is submitted to the Court and the Court having heard the evidence finds that the Defendant Joseph Gott had been garnished and was on account of same was entitled to credit in this behalf in the sum of $313.86 and that after the said deduction the Defendant is indebted to the Plaintiff in the sum of $783.61. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant the said sum of $783.61 for which he may have an execution.
p 373.
(long item marked "in error" )
p 374.
J.F. Hardin Plaintiff
vs Civil Action
Eli G. Parris Defendant
Now at this day comes Defendant and on his motion this cause is dismissed at the costs of Plaintiff and it is therefore considered by the Court that Plaintiff have his costs in this behalf and have execution therefor.
Henry A. Massey &
William McAdams Plaintiffs
vs Civil Action on Garnishment
Joseph Gott Defendant
Now at this day comes the Plaintiffs by attorney and the inquiry heretofore ordered to be had in this cause coming on to be heard and said Plaintiff waiving a Jury, such inquiry is had before the Court sitting as a Jury and the Plaintiffs introduce testimony from which the Court doth find that on the 12th day of February 1863 at the time when said Joseph Gott was summoned as Garnishee of Joshua M. Bailey he owed and stood indebted by a written contract to said Joshua M. Bailey in the sum of $1000. It is
(continued)
143
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
p 374 (continued)
Therefore considered and adjudged by the Court that the Plaintiffs have and recover of and from said Joseph Gott, Garnishee of Joshua M. Bailey, the sum of $313.88 being the amount of debt, damages and costs of judgments in favor of said Plaintiffs and against said Joshua M. Bailey, and that Plaintiffs have execution therefor against the said Joseph Gott.
p 374/375.
Joseph S. Moss, surviving partner
J.S. Moss and Co Plaintiff
vs Civil Action
John Lair Defendant
Now at this day comes the Plaintiff bv attorney and this cause coming on for a final hearing, the cause being submitted to the Court sitting as a Jury, having heard the evidence doth find that the Defendant is indebted to the Plaintiff in the sum of $444.39 and it further appearing to the Court that on the 25th day of May 1864 a Writ of Attachment was issued from the Office of the Clerk of this Court and was by the Sheriff of Greene County on the 31st May 1864 levied on the following real estate of Defendant viz Lots l,2,3,4,5,6,7,8,9,l0, 11,12,13,14,l5,16,17,18,19,20,21,22,23,24,25,25,27,28,29,30,31,32,33,34,35,36,37,38,39,40,41,42 in Lair's First Addition to Springfield and it also appearing that James C. Gardner has been garnisheed and filed his answer in this Court to the interrogations of Plaintiff. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendant the sum of $444.39 and costs and that a special fi fa issue against the property attached and also the credits attached in the hands of James C. Gardner Garnishee.
p 375.
Bank of Missouri Plaintiff
vs Sheriff's Deed to Bank
R.E. Blakey Defendant
Now at this day comes John A. Patterson, Sheriff of Greene County, and presents a Deed made by him to Bank of Missouri for the following real estate viz beginning at the NE corner of Lot 30 Block 10 first tier of lots thence South 19, thence West to Wills' and Patton's Alley, thence North 19 feet to the beginning. Also, beginning at the NW corner of Said Lot 30 Block 10, thence East 40 feet and 2 inches, thence South to corner William McAdams' Lot, thence West 13 feet 4 inches, thence South 8 feet to Pattons Alley, thence North to beginning, sold under and by virtue of an execution the above cause and the said Patterson acknowledged that he executed the same for the uses therein contained.
T.J. Bailey & Baldwin & Dodd
vs Deed to John S. Phelps
Now at this day comes John A. Patterson, Sheriff of Greene County, and presents a Deed made by him to John S. Phelps for the following real estate viz SE1/4 SE1/4 & SW1/4 SE1/4 Section 31 Township 30 Range 23, also NE1/4 SE1/4 & Lot of land beginning 30 feet South of the NW corner of NE1/4 of SE1/4 Section 24 Township 29 Range 22, thence West 50 poles, thence South 32 poles, thence East 50 poles thence North 32 poles to beginning sold under and by virtue of an execution in the above entitled cause and the said Patterson acknowledged that he executed the same for the uses therein contained.
p 376.
John B. Wilkerson
vs Sheriff's Deed to R.B. Owen
John Lair
Now at this day comes John A. Patterson, Sheriff of Greene County and presents a Deed made by him to R.B. Owen for the following real estate viz lots No one and three,
(continued)
144
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 376 - (cont)
Block A, in John Lair's Addition to Springfield, Missouri, sold under an execution in the above entitled cause and the said Patterson acknowledged that he executed the same for the uses therein contained.
Ordered that Court adjourn until tomorrow 9 o'clock S.H. Boyd Cir Judge
August 3rd 1865. Court met pursuant to adjournment. Present as on yesterday.
Merchants Bank Plaintiff
vs Civil Action
Henry C. Young et al Defendants
Now at this day comes the Plaintiff by attorney and says by leave of Court he will dismiss this suit whereupon it is considered by the Court that this cause be dismissed that the Defendant have his costs in this behalf expended, that he have execution therefor and Plaintiff have leave to withdraw instrument sued on.
p 377.
Now at this day it appearing that Samuel Gott had been duly tried and sworn on the vois dois as a Juror in the case of the State vs William Haycock and discharged until 9 o'clock this day and having failed to appear when called in obedience to the orders of this Court it is ordered that he be fined the sum of $25 for which execution may issue and also costs.
State of Missouri Plaintiff
vs Manslaughter
James Haycock Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person and by attorney who for a plea says he is not guilty in manner and form charged and of this puts himself on the Country whereupon comes a Jury viz J.W. Langston, A.H. Murphy, J.P. Julian, John Foster, W.B. Gregory, A. Morrison, T. Kushim, A. Cargile, E.J. Bray, C.C. Headlee, G.M. Lacey and W.M. Morris, twelve good and lawful men who being duly tried and sworn to try the issue joined and having t aken and subscribed the oath of loyalty prescribed by the Constitution having heard a portion of the evidence and there not being time to complete the same are permitted to retire in charge of the Sheriff until tomorrow morning 9 o'clock.
p 378.
Now at this day comes the Grand Jury and among other things file their report of the condition of the County Jail and having no further business are by the Court discharged.
William S. Norfleet Plaintiff
vs Civil Action
Branham H. Woodson Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant has been duly notified of the commencement of this Court by publication for four successive weeks the last insertion at least four weeks before the present term of Court in the Springfield Journal, a newspaper printed in Greene County, and having failed to plead answer or demur to Plaintiff's petition the same is by the Court taken as true. And it is considered by the Court that the Plaintiff have judgment by default, but it not now appearing to the Court what amount Plaintiff is entitled it is ordered that unless cause be shown to the contrary by Saturday, next, that inquiry be had, the amount ascertained to which Plaintiff is entitled and final judgment rendered on said day.
145
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 379.
Washington Wallis Plaintiff
vs Civil Action
George W. Campbell, Isaac.
Inmon & Jesse Manley Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant, George W. Campbell, has been duly notified of the commencement of this suit by Writ of Summons and copy of Petition served on him at least 20 days before the first day of the last term of Court and Defendants, Isaac Inmon and Jesse Manley, were duly notified of the commencement of this suit by publication in the Springfield Journal, a weekly newspaper published in Greene County for four successive weeks, the last insertion being at least four weeks before the first day of the last term of this Court and said Defendants having failed to plead, answer or demur to Plaintiff's petition the same is by the Court 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 damage or judgment Plaintiff is entitled. It is ordered that inquiry be made to ascertain the same.
John J. Campbell Plaintiff
vs Civil Action
George W. Campbell, Isaac
Inmon & Jesse Manley Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant, George W. Campbell, has been duly notified of the commencement of this suit by Writ of Summons and a copy of Petition served on him at least 20 days before the first day of the last term of Court and Defendants, Isaac Inmon and Jesse Manley, were duly notified of the commencement of this suit by publication in the Springfield Journal, a weekly newspaper published in Greene County for four successive weeks, the last insertion being at least four weeks before the first day of the last term of this Court and said Defendants having failed to plead, answer or demur to Plaintiff's petition the same is by the Court 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 damage or judgment Plaintiff is entitled. It is ordered that inquiry be made to ascertain the same.
p 380.
William S. Norfleet Plaintiff
vs Civil Action on Garnishment
John M. Richardson Garnishee
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant, John M. Richardson, has been duly summoned as Garnishee in the cause of William S. Norfleet vs Branham H. Woodson and said Garnishee having confessed a certain amount of the credits and effects of said Branham H. Woodson to be in his hands as the debtor of said Woodson by virtue of a judgment rendered against said Garnishee and in favor of said Woodson on the 5th February 1861 and the Court not being informed as to the amount of interest due on said indebtedness it is ordered that this cause be continued until final judgment be rendered, the original action when if no cause to the contrary be shown a final judgment will be rendered against said Garnishee.
146
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