St. Clair County Circuit Court
Microfilm Transcripts

April Term 1851

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April Term AD 1851

At a circuit court commenced and held at the courthouse in the town of Osceola in St. Clair County in the state of Missouri on Monday the 28th day of April AD 1851
Present Foster P. Wright Circuit Judge
James W. Beck clerk
George Preston Sheriff

The Sheriff of the county of St. Clair returned here into court the venire for a grand inquest for the state of Missouri for the body of St. Clair county from which was sworn the following named persons To wit: Lewis R. Ashworth foreman, Washington Whitlow, William R. Cawthon, Harry C. Douglass, John Thompson, John C. Bunch, Joseph Rogers, Calvin Gardner, Simeon Poston, John C. Looney, Bennett Pitt, Jesse D. Fentress, Andrew Yonce, William F. King and James Burkes fifteen good and Lawful men who having received their charge returned to consider of their Presentments.

The State of Missouri – Pltff
vs
Elijah Gates – Deft
Indictment for felonious assault
Now this day comes the said Elijah Gates in his own proper person as well as the circuit attorney who prosecutes for the State of Missouri and the said defendant for his plea in this behalf Says he is not guilty in manner and form as is charged against him in this indictment and for his Trial puts himself upon the county and both parties being ready for trial comes a Jury To wit: S.V. Waldo, John A. Culbertson, Reubin Vaughn, Thomas F. Wright, Elijah Rice, Samuel H. Rogers, Oscar F. Kellar, Henry E. Moran, Baldwin Dade, H.F. Williams, Henry Reese and Wiley B. Holland twelve good and lawful men Elected tried and sworn well and truly to try the Issue in this cause Joined who having heard the evidence and argument of counsel upon their oaths say “We of the Jury find the defendant not guilty” Thomas F. Wright Therefore

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is considered by the court that the said defendant from his recognizance be discharged and that he go hence thereof without day.

William Burnes – Pltff
vs
Benjamin W. Smithson – Defd’t
Appeal
Now at this day comes the parties By their attorneys and upon their motion This cause is ordered to be continued until the next Term of this court.

Ordered that court adjourn until tomorrow morning 8 oclock. F.P. Wright

Tuesday morning 8 oclock court met Pursuant to adjournment
Present as on yesterday

William Anderson, Margaret Anderson, Sarah Anderson, Rebecca Anderson, Jane Anderson, Amanda Anderson and Middleton Anderson by their Guardian James Anderson and James Anderson for himself – Plaintiffs
vs
John R. Whitley and Elizabeth Whitley and Andrew Hicks and Mary Hicks – Defendants
Petition for Partition of Land
Now at this day comes the said Petitioners By their Solicitor and it appearing to the court that the said defendants have been duly summoned according to Law to appear and answer to said Petition at this Term of this court and the said defendants being three times solemnly called comes not but makes Default Therefore

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the Prayer of the said Petitioners ought to be granted and that Partition of the said Lands ought to be had And it appearing to the court by said Petition that said Middleton Anderson died some time in the year AD 1856 Seized and possessed of the following Real Estate To wit

Situated in the county of St. Clair It is further appearing to the court by said petition that William Anderson, Margaret Anderson, Sarah Anderson, Rebecca Anderson, Jane Anderson, Amanda Anderson, Middleton Anderson, James Anderson and Elizabeth Whitley wife of John R. Whitley and Mary Hicks wife of Andrew Hicks are each Entitled to one tenth part of said real Estate It is therefore further considered and adjudged by the court here that the partition be had of said Real Estate according to the respective interests of the Parties to whom they are entitled as aforesaid and Richard Smith, Elisha H. Bell and Daniel D. Foster be and they are hereby appointed commissioners to make partition of said Real Estate and aforesaid And it is further considered by the court that the necessary costs and expenses attending this partition together with a fee of Twenty Dollars assessed by the court to Waldo P. Johnson his fee as attorney be equally taxed against all the parties interested in this partition.

The State of Missouri – Pltff
vs
Lawrence Lewis – Defd’t
Indictment for Permitting Slave to go at large as a free Person
Now at this day comes the circuit attorney who prosecutes for the state of Missouri and says he will not further prosecute this Indictment Therefore it is considered by the court that the said defendant from his recognizance be discharged and that he go hence thereof without day.

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Ebenezer Gash – Pltff
vs
Alfred L. Gash & others – Defdts
Bill in chancery
Now at this day comes Charles Allen and Mary his wife one of the defendants in this cause and by leave of the court files herein their answer to said bill.

George W. Reese – Pltff
vs
John C. Looney admr of James Canada & Daniel L. Hamilton Dec’d – Deft
Appeal from Justice of the peace
Now at this day comes the parties aforesaid by their attorney & Deft by his files herein his affidavit to plffs suit and by the court acknowledged and neither party requiring a Jury The same is Submitted to the court and after hearing the evidence the court doth find that the said James Canada in his lifetime Executed said note Security only and J.L. Keeton was the principal therein and that after an action accrued thereon the said Canada required the said Reese in writing to commence suit on said note and that said Plaintiff did nto after commencing suit proceed with due due diligence in the ordinary course of Law to Judgment and Execution in said note whereby the said James Canada became Exonerated from all Liability on the same It is therefore considered by the court that said Plaintiff take nothing by his said writ and that said Defendant as administrator aforesaid thereof be discharged and that he have and Recover his costs and charges in this behalf laid out and Expended and that Execution issue therefor.

John Mullins – Pltff
vs
Elizabeth Mullins – Defdt
Petition for Divorce
Now at this day comes the complainant by his attorney and the Defendant though solemnly called comes not but makes default whereupon the Plaintiff produces to the court here Satisfactory proof of his

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good conduct and of the allegations in his petition and that he is the innocent and injured Party Therefore it is ordered adjudged and decreed that the bonds of matrimony heretofore contracted between the said parties be dissolved and it is further ordered that unless the said defendant appear at the next Term of this court to be begun and held on the fifth Monday after the fourth Monday in September next and Show good cause why This decree should be set aside this decree will be made absolute until which time this cause is ordered to be continued.

George W. Ponds – Pltff
vs
Elisha Bridges admr of the Estate of Thos. D. Green Dec’d – Deft
Civil Action for conveyance of Land
Now at this day comes the parties by their attorneys and the defendant by his attorney by leave of the court files herein his answer to the Plaintiffs Petition and both parties being ready for trial This cause is Submitted to the court upon the Petition and answer Whereupon the court doth find that on the [space] day of [space] AD 1842 or 1843 the said George W. Ponds Entered into a parol contract with the said Thomas D. Green in his life time for the purchase of a tract of Land situated in the county of St. Clair and State of Missouri and described as follows To wit. The South East quarter of the north west quarter of section No. Thirty Three of Township No. Thirty Eight of Range No. twenty four containing Forty acres that the said George W. Ponds agreed to pay the sum of Two Hundred & twenty dollars for the said land and that the said Plaintiff had paid the said Green during his lifetime the whole of the purchase money Except the sum of four dollars And the Court doth further find that the said Plaintiff under and by virtue of the contract and about the time of said contract Entered into and took possession of said Land and has retained possession thereof up to this date And the court doth further find that in

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the month of December AD 1847 Said Green Died And that on the 14th day of January AD 1848 The said Defendant Elisha Bridges obtained from the clerk of St. Clair County Court Letters of administration of the Estate of said Green Therefore it is ordered adjudged and Decreed that the said Elisha Bridges administrator as aforesaid convey to the said Plaintiff by deed all the right title interest and Estate which the said Thomas D. Green had in and to said Land in his lifetime And it is further ordered adjudged and decreed that the said Elisha Bridges administrator as aforesaid Recover against the said Plaintiff the aforesaid sum of four dollars and also by agreement of Parties his costs in this behalf Expended and that he have thereof his writ of Execution.

Upon Petition of Jesse Looney to Erect a mill dam
Now at this day comes Jesse Looney and files herein his Petition for leave to Erect a mill dam in a creek in St. Clair County known by the name of “Hogles Creek” at a point on said creek on the south East quarter of the south East quarter of Section No. 12 of Township No. 39 of Range No. 24 West near the North or Lower End of said tract And said Petition proposes to Erect a dam of the altitude of six feet and to attach thereto a Saw mill where upon it is ordered by the court that a writ of ad quod damnum be issued under the seal of this court directed to the Sheriff of St. Clair County commanding him to summon twelve fit persons of his county to meet at the place where it is proposed to Erect said dam on the first day of July next then and there to inquire by said Jury touching the matters contained in the said petition And this cause is ordered to be continued untill the next Term of this court.

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William Anderson, Margaret Anderson, Sarah Anderson, Jane Anderson, Amanda Anderson and Middleton Anderson by their Guardian James Anderson and James Anderson for himself – Plaintiffs
vs
John R. Whitley and Elizabeth Whitley and Andrew Hicks and Mary Hicks – Defendants
Civil action for Partition and Division of Lands
Now at this day again comes the Parties by their attorney and the commissioners Richard Smith, Elisha H. Bell and Daniel D. Foster appointed by order of this court to make Partition of the real Estate in said Petition named returned here into court the following Report To wit:
State of Missouri
County of St. Clair
Richard Smith, Elisha Bell and Daniel D. Foster being Duly sworn make oath and say that they will honestly and impartially Execute the Trust reposed in them as commissioners appointed by the circuit court of St. Clair County Mo. to make Partition and Division of the lands belonging to the heirs of Middleton Anderson dec’d among the Parties Entitled Thereto sworn to and subscribed before me the 29th day of April 1851. A.N. Hester JP
Richard Smith
Daniel D. Foster
Elisha H. Bell
We the undersigned commissioners appointed by the circuit court of St. Clair at the April Term 1851 of Said Court to make Partition of the following described Lands among the heirs of Middleton Anderson dec’d to wit:

All making three Hundred and sixty four and 41/100 acres after full consideration do report to the court that said above described cannot be divided among the

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said Heirs of Middleton Anderson dec’d without great prejudice to said heirs who are owners of said Land.
Richard Smith
Elisha H. Bell
Daniel D. Foster
commissioners
Whereupon there being no objections to said report it is ordered adjudged and decreed by the court that the Sheriff of St. Clair County Shall proceed to Sell said Lands to the highest bidder on a credit of Twelve months at the court house door in the Town of Osceola in said county of St. Clair according to law at the next Term of this court which commences on the fifth Monday after the fourth Monday in September next And that he take from the purchaser or purchasers a bond or bonds with good and Sufficient Security for the purchase money And this cause is ordered to be continued until the next Term of this court.

The State of Missouri – Pltff
vs
John B. Todd – Deft
Now at this day comes the circuit attorney who prosecutes for the State of Missouri as well as the Said Defendant by his attorney And the Defendant for his plea says he is not guilty in manner and form as in the said Indictment is alledged against him and both parties being Ready for trial comes a Jury To Wit: Hugh Barnett, Joseph K. Polser, William R. Gibbs And Richard Smith 4 good and lawful men Elected And Sworn well and truly to try the issue in this Cause Joined who are by the parties agreed upon as a sufficient Jury – And after hearing the evidence returned into Court the following verdict. “We the Jury find the defendant not guilty.”
Therefore it is considered by the court that the Said Defendant from his recognizance be discharged And that he go hence thereof without day.

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Ann Looney, Jesse Looney, John C. Looney, Allen Looney, Thomas Copenhaver and Nancy Copenhaver, Arthur Matthews and Mary Matthews & Sally Canada – Plaintiffs
Vs
William Looney, Elizabeth Paine, Edward W. Looney, Mary J. Looney, Sarah Looney, William Looney, George Wolaver and Anna Wolaver and John Crumb and Elizabeth Crumb – Defendants
Civil action for Partition of Land and assignment of Dower
Now at this day comes the Petitioners by their Solicitor and it appearing to the court that said defendants have been duly notified of the pending of this petition by a publication in the Osceola Independent a newspaper printed and published in this county and by it appearing by said Petition that the said defendants though three times solemnly called comes not but makes default Therefore the Prayer of said petitioners ought to be granted and the assignment of Dower in the Real Estate therein mentioned and petition of the remainder ought to be had that it appearing to the by said petition that said James Looney Died on the 17th day of September in the year 1850 Seized and possessed of the following Real Estate To wit

Situated in the county of St. Clair It further appearing to the court by said petition that said Isam Looney died Leaving a widow To wit Ann Looney who is Entitled to one third part of said real Estate as her dower therein during her lifetime It is therefore considered by the court that said Ann Looney have and receive one third part of said Real Estate during her natural life as her dower Therein and that the same be set off and admeasured to her It further appearing to the court by said Petition that the said Isam

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Looney at the time of his death left three sons them being To wit Jesse Looney, John C. Looney and Allen Looney and also four daughters then Living To wit: Nancy Copenhaver, Mary Matthews, Sally Canada and Elizabeth Paine Each of whom are Entitled to one ninth part of the remainder of said real Estate after setting off the said widows dower and that said Isam Looney Dec’d also had two sons who died before him each of which sons left descendants to inherit their share to wit Benoni Looney who left an only child To wit: William G. Looney who is entitled to the share of his dec’d father one ninth part the remainder of said Real Estate after setting off the said Widows dower and William Looney who left six Children to wit. Edward W. Looney, Anna Wolaver, Elizabeth Crumb, Mary J. Looney, Sarah Looney and William Looney who are each Entitled one sixth part of one ninth part of the remainder of said Real Estate after setting off said widows dower It is therefore ordered and adjudged by the court that partition be had of said Real Estate according to the respective rights of the parties as found as aforesaid and that Edward C. Davis, William C. Douglass and Anthony N. Hester be and are hereby appointed commissioners to set off and admeasure said dower and to make partition of the remainder of said Real Estate according to the respective rights of said parties as adjudged to them as aforesaid and that they make report thereof at the next Term of this court untill which time this Cause is ordered to be continued.

Edmund Sams – Pltft
vs
Reuben S. Nance admr of the Estate of Burdit Sams – Defd’t
Appeal from County court
Now at this day comes the said Parties by their attorneys and both parties being ready for trial this cause is submitted to the court and the same taken under adment till tomorrow morning.

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April 24th
Calvin Waldo, William Waldo, Avarilla Waldo, David Waldo, Jacob Coonts and Lavina Coonts and William Waldo, Henry Waldo and Ludlinia Waldo infants by their Guardian Mary Waldo – Pltffs
vs
Daniel Waldo, Joseph Waldo, Jedidiah Waldo, Jacob Morgan and Elizabeth Morgan, William Johnson and Olive Johnson and the children of Isaac Waldo whose names are Jedidiah W., Thadeus P. and Isaac C. Waldo Infants – Defendants
Petition for Partition of Real Estate
Now at this day comes the Parties by their attorney and the commissioners Charles P. Bullock, William C. Douglass and Jesse Looney appointed by order of this court to make partition and adjudgment of Dower of the real Estate in said Petition mentioned returns into court here the following Report which is in the words and figures following To wit:
State of Missouri
County of St. Clair
We the undersigned commissioners appointed by the circuit court of St. Clair being first duly Sworn and in pursuance of and obedience to the foregoing order of the circuit court of St. Clair County Mo. on the 16th day of January 1851 proceed to assign dower and make partition of the lands belonging to the Estate of John B. Waldo dec’d according to the order and Judgment of the court aforesaid Having Entered upon and Executed the lands aforesaid we first proceeded to appraise the same in order to correctly carry out the order of the court and made the following appraisement to wit

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all amounting to the sum of Twenty one Hundred and Forty Dollars according to this valuation after making said appraisement we further provided and assigned to Avarilla Waldo Lots No. 6 and 7 in the NE fractional qr and East half Lot No. 6 NW fr’l qr and Lot No. 5 NW fr’l qr all in section No. 4 Township No. 39 of Range No. 24 in St. Clair county Missouri being 280 acres and valued by the undersigned at one thousand and seventy Dollars absolutely as her dower in the lands of said John B. Waldo dec’d and finding the remainder of the lands belonging to the Estate of said John B. Waldo dec’d not Susceptible of partition and division among the owners or persons Entitled thereto without great prejudice to Them we hereby report that fact to the court and ask to be discharged In testimony whereof we have hereunto set our hands and seals this 7th day of March 1851.
Chas. P. Bullock (seal)
William C. Douglass (seal)
Jesse Loony (seal)
commissioners
Commissioners fees
Charles P. Bullock – 5 days - $1.50 – 7.50
W.C. Douglass – 3 days - $1.50 – 4.50
Jesse Looney – 3 days - $1.50 – 4.50
William Brown employed to show lands to commissioners – 1.00 per day – 2.00
Total $18.50
State of Missouri
County of St. Clair
Be it remembered that Charles P. Bullock, W.C. Douglass and Jesse Looney commissioners appointed by the circuit court of St. Clair county Mo. to assign dower and make partition of the lands belonging to the Estate of John B. Waldo dec’d who are personally known to the undersigned to be the persons whose names are subscribed to the annexed and foregoing Report this day appeared before me in the county aforesaid and acknowledged that they signed sealed and delivered said report for the purposes therein Specified under the order of the circuit court of St. Clair aforesaid In testimony whereof I have hereto set my hand and affixed the seal of the circuit court of St. Clair county Mo. as clerk thereof this 29th day of April 1851.
James W. Beck Clerk (LS)

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whereupon there being no objection to said report or good cause thereon to set aside the report said report is confirmed and it is ordered adjudged and decreed by the court that the assignment of Dower of The lands in said Report mentioned shall be firm and Effectual between the parties for Ever and it is further ordered adjudged and decreed that the Sheriff of St. Clair county shall proceed to sell the remainder of said lands to the highest bidder at public auction at the court house door in the Town of Osceola in said county of St. Clair in accordance of law on a credit of Twelve months and that he take from the purchaser or purchasers of said lands Bond or bonds with good and sufficient security for the purchase money And this cause is ordered to be continued until the next term of this court.

R.F. Hamilton – Pltff
vs
John C. Looney admr of the Estate of D.L. Hamilton Dec’d – Deft
Appeal from county court
Now at this day comes the Parties by their attorneys and both parties being ready for trial and neither party requiring a Jury this cause is Submitted to the court whereupon the court after hearing the Evidence and Mature deliberation thereon had doth find that the said Defendant as administrator of the Estate of the said D.L. Hamilton dec’d ought to be charged with the sum of Thirty five dollars instead of the sum of sixty dollars as found by the county court on account of an execution issued from the office of the clerk of the circuit court of St. Clair county Missouri dated the 7th day of February AD 1849 against C.C. Dean and in favor of the said D.L. Hamilton dec’d and that the same be certified to the county court of St. Clair county.

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N. Markham – Pltff
vs
B.W. Smithson
appeal from Justice of the peace
Now at this day come the Parties by their attorneys and both parties being Ready for trial and neither party requiring a Jury this cause is Submitted to the court whereupon the court doth find that the said defendant is indebted to the said plaintiff in the sum of fifty dollars for his debt and two dollars and thirty five cents damages by way of interest It is therefore considered by the court that the said plaintiff have and recover of the said defendant and George Rennison his security in the appeal bond the debt and damages so found as aforesaid & also the courts as well in This court as in the court below and that Execution issue thereof.

S.W. Harris & Hugh Barnett – Pltff
vs
Joseph Montgomery – Defd’t
Civil action on note
Now at this day comes the Defendant by his attorney and by leave of the court files herein his answer to the said Plaintiffs Petition.

Ordered that court adjourn until tomorrow Morning 8 Oclock. F.P. Wright

Wednesday morning 8 oclock court met Pursuant to adjournment. Present as on yesterday.

The court being nearly through the business It is ordered that all answers and pleadings be filed immediately.

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Joseph Culbertson – Pltff
vs
Edward T. Berry – Deft
Judgment and Execution Sheriffs deed
Now at this day comes Zachariah Lilly former Sheriff of St. Clair county Missouri and tenders to the court here a deed by him Executed to Joseph Culbertson for the following lands sold by him as Sheriff as aforesaid by virtue of an Execution issued from the office of the clerk of the St. Clair circuit court upon said Judgment To wit, Lot No. 4 NW frl lot No. 8 nE frl (NOR) in Township No. 39 of Range No. 24 containing 137 30/100 acres And the said Zachariah Lilly being Personally known to the court here to be the person whose name is subscribed to said deed as having Executed the same acknowledged the same to be his act and deed for the purposes Therein mentioned.

Daniel W. Harris & Hugh Barnett – Pltffs
vs
Joseph Montgomery – Defendant
Court action
Now at this day comes the parties by their attorneys and the plaintiffs by their attorney files herein their motion to Strike out the defendants answer to the Plaintiffs Petition which motion being seen heard and fully understood by the court is by the court overruled and upon the Motion of the defendant by his attorney and for good cause shown this cause is ordered to be continued untill the next term of this court at said defendants costs.

Waldo P. Johnson – Pltiff
vs
William E. Marlow – Deft
Civil action on note
Now at this day comes the said Plaintiff and the Said defendant though solemnly called comes not but makes default and there being no answer to the Plaintiffs action whereby the said action remains against the said defendant undefended Wherefore the said Plaintiff ought to Recover against the said defendant his debt on occasion of the premises and because it is proved and manifestly appears to the court here that the said Plaintiff ought to recover

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action being founded on a note whereby it appears that said defendant is Justly indebted to the said Plaintiff in the sum of Two Hundred and Two dollars and ninety four cents for his debt and interest which amount is found due by the court It is therefore considered by the court that the said Plaintiff recover against the said defendant the sum of $202.96 cents So found by the court as aforesaid together with his costs and charges in this behalf by him laid out and Expended and that Execution issue therefor.
[Written in left hand margin:] This Judgment is Satisfied in full and I hereby enter Satisfaction in full. Witness my hand on at this 2nd Sept 1852. Test James W. Beck Crk, W.P. Johnson (seal).

John R. Hughes – Pltff
vs
Henry Boatman and Robert H. Sproull – Defd’t
Civil action on note
Now at this day comes the Said Plaintiff by his attorney and the said Defendants though solemnly called comes not but makes default And there being no answer to the plaintiffs action whereby the said action remains against the said defendants undefended wherefore the said plaintiff ought to Recover against the said defendant his debt on occasion of the premises and because it is proved and manifestly appears to the court here that the said Plaintiff ought to recover This action being founded on a note whereby it appears that the said defendants stand Justly indebted to the said Plaintiff in the sum of Two Hundred and sixty Eight dollars and five cents debt and interest which amount is found due by the court It is therefore considered by the court that the said Plaintiff Recover against the said defendant the sum of $268.05 cents so found by the court as aforesaid together with his costs and charges by him laid out and Expended in this behalf And that Execution issue therefor.

Franklin H. Morgan, Calvin Morgan and Calvin M. McClung – Plaintiffs
vs
Henry Boatman, Robert H. Sproulle – Defendants
Civil action on note
Now at this day comes the

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said Plaintiffs by their attorney and the said defendants though solemnly called comes not but makes default and there being no answer to the Plaintiffs action whereby the said action remains against the said defendants undefended wherefore the said plaintiffs ought to recover against the said defendants their debt on occasion of the premises and because it is proved and manifestly appears to the court here that the said plaintiffs ought to recover This action being founded on a note whereby it appears that said defendants Stands Justly indebted to the said Plaintiffs in the sum of one Hundred and Sixty three dollars and fifty five cents debt and interest which amount is found due by the court It is therefore considered by the court that the said Plaintiffs recover against the said defendants the sum of $163.55 cents so found by the court as aforesaid together with their costs and charges by them Laid out and Expended in this behalf And that Execution Issue therefor.

The Grand Jury returned here into court and presented an indictment against Napoleon B. Hill for disturbing religious worship and also a true bill against [space] for felony which are ordered to be filed and having no further business before them are by the court discharged And it is ordered by the court that capias on indictments found at this court directed to the Sheriff of St. Clair county returnable to the next Term of this court until which time these causes are ordered to be continued.

Derrick A. January, Charles C. January, Joseph C. Cabott and Joseph H. Minns – Pltffs
vs
Henry Boatman and Robert H. Sproulle – Defts
Civil action on note
Now at this day comes the said Plaintiffs by their attorney and the Said defendants though solemnly called comes not but makes default and there being no answer to the Plaintiffs action whereby the Said action remains against the said defendants undefended

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did wherefore the said Plaintiffs ought to recover against the said defendants their debt on occasion of the premises and because it is proved and manifestly appears to the court here by the note sued on that he said plaintiffs ought to recover this action being founded on a note whereby it appears that said defendants Stand Justly indebted to said Plaintiffs in the sum of one Hundred and nineteen dollars and thirty seven cents debt and interest which amount is found due by the court It is therefore considered by the court that the said Plaintiffs recover against said Defendants the sum of $119.37 cents so found by the court as aforesaid together with their costs and charges by them laid out and Expended in this behalf and that Execution issue therefor.

The Bank of the State of Missouri – Plaintiff
vs
Henry Boatman, Simeon Poston, Charles P. Bullock, William H. McCullock & D.S. Corbin – defts
Civil action on note
Now at this day comes the said Plaintiff by his attorney and the said Defendants Henry Boatman though solemnly called comes not but makes default and there being no answer to the plaintiffs action whereby the said action remains against the said defendant undefended wherefore the said Plaintiff ought to recover against said defendant his debt on occasion of the premises and because it is approved and manifestly appears to the court here by the note Sued on that the said Plaintiff ought to recover and the said defendants Simeon Poston, Charles P. Bullock, William H. MCCullock and D.S. Corbin being now present by their attorney in fact Waldo P. Johnson confesses here in court that they owe and Stands Justly indebted to the said Plaintiff in manner and form specified in said note and Petition and requests that Judgment may be entered against them accordingly And this action being founded on a note whereby it appears that the said defendants stands Justly indebted to the said plaintiff in the sum of one thousand

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and fifty three dollars and Sixty cents debt and interest which amount is found due by the court It is therefore considered by the court that the said Plaintiff recover against the said defendants the sum of $1053.60 cents So found by the court as aforesaid together with his costs and charges in this behalf Laid out and Expended And that Execution issue therefor.

Abraham Copenhaver & Samantha Copenhaver – Pltffs
vs
Thomas Copenhaver admr of the Estate of Abraham Copenhaver Dec’d – defts
Petition for Dower
Now at this day comes the said Petitioners by their attorney and by leave of the court files herein their Petition Praying the assignment of Dower to Samantha Copenhaver Late widow of Abraham Copenhaver Dec’d in the following Lands belonging to said decedent and the said Defendant being personally present here in court says he cannot deny but the matters and things set forth in said petition are true and admits the same And It appearing by said petition that Abraham Copenhaver late of the county of St. Clair and state of Missouri died about the first day of September AD 1848 Seized and possessed of the following real Estate situated in the county of St. Clair aforesaid To wit The W ½ of the SW qr and NE qr of the SW qr of Section No. 23 in Township No. 39 in Range No. 26 containing 120 acres That said Abraham Copenhaver died leaving a widow To wit Samantha Copenhaver who is entitled to one third part of said real Estate during her natural lifetime as her dower in said real Estate It is therefore ordered and adjudged that said Samantha Copenhaver have and recover one third part of said real Estate during her natural life as her dower therein and that the same be set off and admeasured to her And that William C. Douglass, Jesse Looney and John Thompson be and are thereby appointed commissioners to set off and admeasure said Dower as adjudged to said widow by the court as aforesaid and that they make report thereof at this Term of This court And it is further

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considered by the court that the necessary costs and Expenses attending this proceeding be taxed against said defendant as administrator as aforesaid And this cause is ordered to be continued for the present.

William J. Terrill, Robert L. Terrill and Martha A. Terrill by their curator Wm. H. Terrill and Samuel C. Longmyer, Sarah R. Longmyer and Nancy S. Longmyer by their curator Joseph Longmyer and Henry Whitlow and Elvira Whitlow – Plaintiffs
Vs
Elizabeth Y. Owsley, Edmund Sams, Thomas Foster, Ona Foster, John Roberts & Rebecca Roberts, Susan B. Sams, Larkin Sams, Mitchel A. Sams, Marinda Felmot & [space] Felmot, Caroline Motes, [space] Motes, Joseph Sams, Zephiniah Sams, Burdet Sams, Samuel Smith, Orry Smith, Haland Lucas, Martin Lucas, Robert Lear, Elizabeth Lear, Nancy Gentry and William Culbertson – Defts
Petition for Partition
Now at this day comes the said parties by their attorneys and the commissioners vis William C. Douglass, Edmond Nance and Uriah L. Sutherland appointed by order of this court to make partition of the real Estate in said petition mentioned returns here into court the following report To wit: “State of Missouri County of St Clair We the undersigned commissioners appointed at the October Term of the circuit court of St. Clair county to set off and admeasure dower to Elizabeth Owsley in the real Estate of Burdit Sams Dec’d and to make partition of the portion of said real Estate among those interested do Solemnly swear that we will honestly and impartially Execute the trust reposed in us.
U.L. Sutherland
Edmund Nance
Wm. C. Douglass
Subscribed and sworn to before me Justice of the peace for and in the county of St. Clair This 28 Apr 1851. Wm. Mays JP

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State of Missouri
County of St. Clair
We the undersigned commissioners appointed at the October Term of the St. Clair circuit court in the year of our Lord 1850 to set off and admeasure Dower to Elizabeth Owsley in the real Estate of Burdit Sams deceased which dower was adjudged to be one half of said real Estate and to make partition of the remaining half of the Said Estate according to the respective rights of said parties as adjudged to them in said order would respectfully report that the said real Estate is so situated that said dower cannot be set off nor partition made without great prejudice to the owners of the same all of which be respectfully submitted this 28th Apr 1851.
U.L. Sutherland, Wm. C. Douglass, Edmund Nance
State of Missouri
County of St. Clair SS
Be it remembered that on the 28th day of April AD 1850 personally appeared before me James W. Beck clerk of the circuit court of St. Clair county Missouri, Uriah L. Sutherland, William C. Douglass and Edmund Nance who are personally known to me to be the persons whose names appears Subscribed to the foregoing and annexed report as having Executed the same and acknowledged the Same to be their act and deed for the purposes therein contained.
In testimony whereof I James W. Beck clerk as aforesaid have hereunto subscribed my name and affixed the seal of said court done at office in the Town of Osceola this 28th day of April AD 1851.
James W. Beck clerk
Whereupon there being no Objection to said report or good cause shown to set the same aside said report is of the court assessed and made to be filed and awarded And it is ordered adjudged and decreed by the court that the Sheriff of St. Clair county Shall proceed to Sell the lands in said petition mentioned to the highest bidder at public auction at the court house door in the Town of Osceola St. Clair county Missouri As according to law on a credit of Twelve months And this cause is ordered to be continued until the next term of this court.

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April Term AD 1851

Robert H. Sproulle – Pltff
vs
George Preston – Deft
Civil action
Now at this day comes the parties by their attorneys And on motion of the said Defendant by his attorney Leave is granted him to file his answer to the said Plaintiffs petition within thirty days from the time and this cause is ordered to be continued until the next Term of this court.

Abraham & Samantha Copenhaver – Pltffs
vs
Charles P. Bullock, Henry Boatman & John C. Looney – Defts
Civil Action on note
Now at this day comes the said plaintiffs by their attorney and on motion of the said plaintiffs by their attorney this cause is ordered to be dismissed as to the defendant Charles P. Bullock and the said defendants Henry Boatman and John C. Looney though solemnly called comes not but makes default and there being no answer to the said Plaintiffs action whereby the said action remains against the said defendants undefended wherefore the said Plaintiffs ought to recover against the said defendants Henry Boatman and John C. Looney their debt on occasion of the premises and because it is proved and manifestly appears to the court here by the note sued on that the said plaintiffs ought to recover this action being founded on a note whereby it appears that the said defendants Stands Justly indebted to the said Plaintiffs in the sum of One Hundred and fifty dollars and twenty seven cents debt and interest which appearing is found delinquent It is therefore considered by the court that the said plaintiff recover against the said defendants Henry Boatman and John C. Looney the sum of $150.27 cents so found by the court as aforesaid together with their costs and charges by them Laid out and Expended in this behalf And that Execution issue therefor.

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April Term AD 1851

Moses B. Cox, Wm. M. Simpson & George Burnett Jr. – Pltffs
vs
Henry Boatman & Robert H. Sproulle – Defts
Civil action on note
Now at this day comes the said Plaintiffs by their attorney and the said defendants though solemnly called comes not but makes default and there being no answer to the Plaintiffs action whereby the said action remains against the said defendants undefended wherefore the said Plaintiffs ought to recover against the said defendants their debt on occasion of the premises and because it is proved and manifestly appears to the court here by the note sued on that the said Plaintiffs ought to recover This action being founded on a note whereby it appears that the said defendants Stands Justly indebted to the said Plaintiffs in the sum of four hundred and fifty six dollars and ninety two cents debt and interest which amount is found due by the court It is Therefore considered by the court that the said Plaintiffs recover against the said defendants the sum of $456.92 cents so found by the court as aforesaid together with their costs and charges by them Laid out and Expended in this behalf and that Execution issue therefor.

Simeon Poston – Pltff
vs
Henry Boatman, Robert H. Sproull & D.S. Corbin – Defts
Judgment Execution and Sheriffs deed
Now at this day comes George Preston Sheriff of St. Clair county Missouri and tenders to the court here a deed by him Executed to Stinson S. Stearns for the following described real Estate To wit Lot No. 6 in Block No. 25 in the Town of Osceola St. Clair county Missouri Sold by him as Sheriff as aforesaid by virtue of an execution Issued from the office of the clerk of the circuit court of St. Clair county upon said Judgment And the said George Preston being personally known to the court here to be the person whose name is subscribed to said deed as having Executed the same as Sheriff aforesaid Acknowledge the same here in open court to be his act and deed for the purposes therein Specified.

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April Term AD 1851

Abraham Copenhaver & Samantha Copenhaver – Pltffs
vs
Thomas Copenahver adm’r of the Estate of A. Copenhaver Dec’d – Deft
Petition for Dower
Now at this day again comes the said Parties and the commissioners Jesse Looney, William C. Douglass and John Thompson appointed by order of this court to sett off the widows dower in the real Estate in said Petition mentioned returns here in to court the following Report To wit:
”State of Missouri County of St. Clair SS
These affiants William C. Douglass, Jesse Looney and John Thompson commissioners appointed by order of the St. Clair circuit court to assign to Samantha Copenhaver her dower in the lands of Abraham Copenhaver dec’d first being duly Sworn make oath and say that they will Honestly and impartially Execute the trust reposed in them.
John Thompson
William C. Douglass
Jesse Looney
Subscribed and sworn to before me the 30th day of April AD 1851.
James W. Beck clerk
State of Missouri
County of St. Clair
We the undersigned commissioners appointed by the circuit court of St. Clair being first duly Sworn did on pursuance of and obedience to an order of the St. Clair circuit court made at the April Term 1851 on the 30th day of April 1851 proceed to assign Dower to Samantha Copenhaver widow of A. Copenhaver dec’d in and to the following lands belonging to the Estate of said A. Copenhaver Dec’d to wit: The West qr of the SW qr and NE qr of SW qr of Section No. 23 in Township No. 39 in Range No. 24 all containing 120 acres and having Examined the lands and considered the value thereof do assign during the term of the Natural life of her the said Samantha Copenhaver the NE qr of South West quarter of Section No. 23 Township No. 39 of Range No. 24 containing 40 acres as her dower in the lands above described Witness our hands and seals

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April Term AD 1851

the 30th day of April AD 1851.
William C. Douglass
Jesse Looney
John Thompson
State of Missouri
County of St. Clair
Be it remembered that on this 30th day of April AD 1851 before me James W. Beck clerk of the circuit court within and for said county of St. Clair personally appeared William C. Douglass, Jesse Looney and John Thompson who are personally Known to me to be the persons whose names are subscribed to the within instrument of writing or report us having Executed the sums and Severally acknowledged the same to be their act and deed for the purposes therein mentioned In testimony whereof I the clerk aforesaid have hereunto subscribed my name and affixed the seal of said court at office this day and year first above written.
James W. Beck clerk (seal)
Whereupon there being no objection to said report or good cause shown to set the same aside said report is by the court approved and ordered to be filed and recorded and it is ordered adjudged and decreed that the assignment of Dower in said Report mentioned Shall be firm and Effectual between the parties forever.

Edmund Sams – Pltff
vs
R.S. Nance adm’r of the Estate of Burdit Sams – Deft
Appeal from county court
Now at this day comes the parties by their attorneys and both parties being ready for trial and neither party requiring a Jury this cause is submitted to the court whereupon the court upon a trial Do novo after hearing the Evidence and mature deliberation thereon had It is considered by the court that the finding and Judgment of the court below be affirmed and ordered to be certified back to the county court whereupon the said Plaintiff by his attorney files herein his motion for a new trial which is by the court overruled and by agreement of Parties bill of Exception may be signed and filed in vacation.

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April Term AD 1851

[The following entry is crossed out:]
S.W. Harris & Hugh Barnett – Pltffs
vs
Joseph Montgomery – Defendant
Civil action on note
Now this day comes again the said parties by their attorneys and the Plaintiffs by their attorney files herein their Motion to Strike out the Defendants answer to said Petition which motion being argued and by the court heard and understood is by the court overruled whereupon the Defendant by his attorney files herein his motion for a continuance of this cause whereupon the court after hearing Said Motion and for good cause Shown Do order that this cause be continued until the next term of this court at the said defendants costs.
[Written in left hand margin:] This Entry is Erased being Entered on a previous page. James W. Beck clerk

U.L. Sutherland – Pltff
vs
Henry Boatman & Robert H. Sproull – Defdts
Civil Action
Now at this day comes the Said Plaintiff by his attorney and the said defendants though solemnly called comes not but makes default and there being no answer to the said Plaintiffs action whereby the said action remains against the said Defendants undefended whereupon the said Plaintiff ought to recover against the said Defendants his debt on occasion of the premises and because it is proved and manifestly appears to the court here by the note sued on that the said Plaintiff ought to recover this action being founded on a note whereby it appears that the said defendants Stands Justly indebted to the said Plaintiff in the Sum of Two hundred and Seventy five dollars and Sixty two cents the Debt and interest which amount is found due by the court It is therefore considered by the court that the said Plaintiff recover against the said defendants the sum of $275.62/100 his costs and charges by him laid out and Expended and that Execution Issue therefor And it appearing to the court that the assignors of the note

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April Term AD 1851

filed in this cause have a mechanics Lien upon Lot No. 6 in Block No. 25 in the Town of Osceola It is ordered by the court that a special fierie facias be issued against Said property and if not sufficient then against any other property belonging to said defendants.

Ebenezer Gash – Pltff
vs
Alfred L. Gash adm’r of the Estate of William Gash Dec’d, Salina Whitlow & Washington Whitlow, Martha Allen & King Allen, Mary Allen & Charles Allen, John Gash & Alfred Gash & the infant heirs of William Gash Dec’d William Gash, James Gash & Elizabeth Gash – Defendants
Bill in Chancery
Now at this day comes the Said Parties by their attornies and it appearing to the court that all of said Defendants To wit A.L. Gash adm’r of the Estate of William Gash Dec’d & Washington Whitlow & wife, A.L. Gash, John Gash, King Allen & wife, Charles Allen & wife and E.C. Davis guardian ad Litem of William Gash, James Gash & Elizabeth Gash infant heirs of William Gash Dec’d have fully answered to said Plaintiffs bill all of which answers admit the charges and allegations in said bill to be true and ask to be dismissed with their costs and by the consent of the parties by their attorneys It is agreed that this bill be dismissed And that the necessary costs and Expenses attending the suit be taxed equally against all of the Defendants to this suit And this cause is Therefore dismissed.

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April Term AD 1851

It is ordered by the court that all causes and motions not disposed of be continued until the next term of this court.

Ordered that court adjourn until Court in course.

 

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