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St. Clair County Circuit Court
Microfilm Transcripts
April Term 1855
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April Term AD 1855
At a circuit Court begun and held at the courthouse in the Town of
Osceola within and for the County of St. Clair and State of Missouri
on Monday the 30th day of April AD 1855 Present
De Witt C. Ballou Judge
James W. Beck clerk
Daniel P. Morgan Sheriff
The Sheriff of St. Clair county returns here into court the venire
facias for a Grand Jury together with the panel of Jurors endorsed
thereon from which the following named persons were Sworn To wit:
Ira Ledbetter who was by the court appointed foreman of the Grand
Jury, Elisha Thomas, Francis Ditty, Clifton G. Browning, John W.
Beckley, Samuel Harrison, John G. Howard, Jesse Looney, William
Rice, Elisha Bridger, George W. Yeater, Marcus Largent, Reuben S.
Nance, James C. Culbertson, Robert G. Crockett, James Anderson,
Moses Preston & John C. Bunch Eighteen good and lawful men And upon
Satisfactory Excuse offered by Jesse Looney he is by the court
Excused from Serving as a Grand Juror And the Sheriff under the
direction of the Court Summoned in his place Isaac Culbertson who
was then duly Sworn as a member of the Grand Jury. And after being
empanelled and charged the Grand Jury retired to consider of their
presentments and Indictments.
In the Matter of John T. McClain Assignee of Corbin & Barnes
Now at this day comes the Said John T. McClain And Shows to the
Court the Inventory of the Estate & Effects assigned to him by the
said Corbin & Barnes for the benefit of their creditors which has
been filed in this court and on his motion It is ordered by the
court that John F. Weidemeyer, John J. Scott and Lewis Fournier be
appointed appraisors of Said Estate.
The circuit attorney who prosecutes for the State of Missouri being
absent. It is ordered by the Court that Mark L. Means be and he is
hereby appointed Circuit Attorney Protem.
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For good reason to the court Shown George W. Yeater a Member of the
Grand Jury who was this day Sworn Is by the court discharged from
further Service on said Grand Jury.
State of Missouri
vs
William Uhles
Indictment for Bigamy
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and Says he will not further
prosecute this cause It is therefore ordered by the court that the
said defendant from his recognizance be discharged and that he go
hence thereof without day.
State of Missouri
vs
Minerva Uhles
Indictment for Bigamy
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and Says he will not further
prosecute this cause It is therefore ordered by the court that the
said defendant from her recognizance be discharged and that She go
hence thereof without day.
State of Missouri
vs
William Howell & Minerva Uhles
Indictment for open and notorious adultery
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said Minerva Uhles
in her own proper person and thereupon the said circuit attorney
Suggests to the court that since the last term of this court the
Said William Howell has departed this life whereupon It is ordered
by the court that this cause be dismissed as to the Said William
Howell and that his recognizance be discharged. And the Said Minerva
Uhles for her plea in this behalf Says She is guilty in manner and
form as charged in Said indictment and for her punishment puts
herself upon the mercy of the court whereupon the court doth assess
her punishment at imprisonment in the
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county Jail for the term of one hour and after having remained in
Jail one hour was discharged upon her oath of inability to pay any
of the costs in said Cause.
John T. Harper
vs
John Tally
Civil Action
Now at this day comes the Said Plaintiff by his attorney and on his
motion It is ordered by the court that this cause be dismissed at
said Plaintiffs costs It is therefore considered by the court that
the Said Defendant recover against the Said Plaintiff his costs in
this behalf laid out and expended and that Execution Issue
therefore.
State of Missouri
vs
Aaron Trippett & Richard Crenshaw
Indictment for betting on an Election
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri as well as the Said Defendant by their respective
attorneys and the Said Defendants for their plea in this behalf Say
they are guilty in manner and form as in said indictment is charged
against them And for their punishment put themselves upon the Mercy
of the court whereupon The court doth assess a fine of one Dollar
against the Said Aaron Trippet and the court doth also assess a fine
of one Dollar against the Said Richard Crenshaw. It is therefore
considered by the court that the Said State of Missouri recover
against each of said defendants the Said Sum of one Dollar each for
her fines So assessed by the Court as aforesaid together with her
costs and charges in this behalf Expended And that Execution Issue
therefor and that Said defendants render themselves in Execution.
State of Missouri
vs
Spencer Estes
Indictment for Perjury
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this
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behalf as well as the said Defendant in his own proper person in
discharge of his recognizance And thereupon the said circuit
attorney says he will not further prosecute this cause It is
therefore ordered by the court that the said defendant from his said
recognizance be discharged and that he go hence thereof without day.
State of Missouri
vs
Valentine Hoover
Indictment for disturbing Public worship
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said defendant by
his attorney and for his plea in this behalf the Said defendant by
his attorney says he is guilty in manner and form as charged against
him in said indictment and for his punishment puts himself upon the
mercy of the court whereupon the court doth assess a fine of one
dollar against said defendant It is therefore considered by the
court that the said State of Missouri recover against said defendant
the sum of one Dollar for her fine So assessed by the court as
aforesaid together with her costs in this behalf expended and that
Execution issue therefor and that said defendant render himself in
execution.
State of Missouri
vs
Jesse Hill
Indictment for a felonious assault on change of venue from Cedar
circuit court
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant in
his own proper person And there being a new indictment found against
said defendant in the Cedar circuit court for the Same offence on
Motion of said circuit attorney It is ordered by the court that the
Said Indictment pending in this court be quashed and Stand for
naught.
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Elcanah Cain
vs
William Duckworth
Civil action
Now at this day comes the Said defendant by his attorney and by
leave of the court files herein his motion to dismiss this cause on
account of the insufficiency of the security for costs. And the Said
Plaintiff asked and obtained leave of the court to give additional
Security for costs. Whereupon William W. Walters comes into Court
and in the presence of the court Signs the obligation for costs
filed by said plaintiff in vacation and herein open court
acknowledges himself bound and liable as security for the said
plaintiff for the costs of this suit.
State of Missouri
vs
Elcanah Cain, Robert H. Sproull & Merril H. Cave
Indictment for gaming
Now at this day comes the Circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said Defendant in
their own proper persons and also by attorney And for their plea in
this behalf said defendants say they are not guilty in manner and
form as charged against them in said Indictment and for their trial
put themselves upon the country. Whereupon comes a Jury Towit John
Barnett, Benjamin Burch, Tignol Bailey, Joseph W. Cox, Stinson S.
Stearns, Joshua W. Ellis, James Hoover, George W. Short, James M.
Ledbetter, James M. Agee, Lewis Reese & Richard R. Fewell Twelve
good and lawful men tried Elected & Sworn to well and truly try the
Issue in this cause Joined who after hearing the evidence (Joseph W.
Cox for good reason being by the consent of the parties Excused) the
other Jurors returned into court the following Verdict To wit “We
the Jurors find the defendants not guilty in manner and form as they
Stand Charged in the Indictment R.R. Fewell Foreman” It is therefore
Ordered by the court that each and all of the Said defendants from
their recognizances be discharged and that they go hence thereof
without day.
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State of Missouri
vs
Simeon Gilbreath
Indictment for disturbing Public worship
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf, as well as the Said defendant in
his own proper person in discharge of his recognizance And the Said
circuit attorney on the part of the State of Missouri Says he will
not further prosecute this cause It is therefore ordered by the
court that the Said defendant from his recognizance be discharged
and that he go hence thereof without day.
Valentine Hoover
vs
Thomas Gibbons
Civil action
Now at this day comes the Said plaintiff by his attorney and by
leave of the court files herein his amended petition in said cause.
State of Missouri
vs
Thos. H. Estes
Contempt for failing to appear as a witness
Now at this day comes the said Thomas H. Estes in his own proper
person and in consideration of a reasonable Excuse for failing to
appear at the last term of this court as a witness on the part of
the State of Missouri in an Indictment against Spencer Estes for
perjury he is by the court Excused from the payment of any fine upon
payment of the costs attending the attachment against him in this
cause And it is therefore considered by the court that the Said
State of Missouri recover against the said Thomas H. Estes her costs
in this behalf Expended and that execution issues therefor.
State of Missouri
vs
Andrew Baker
Indictment for Murder
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and the Judgment and Opinion of the
Supreme court of the State of Missouri reversing the decision of
this court made at the last term quashing said indictment and
remanding
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Said cause for further proceedings in this court being Shown to the
court are by the court ordered to be filed and It is ordered by the
court that this cause be Set for trial at the next term of this
court. And thereupon Comes the Said Andrew Baker in his own proper
person as principal and Anthony N. Hester and John B. Todd as his
Sureties and acknowledge themselves Jointly and Severally to owe &
Stand indebted to the State of Missouri in the Sum of one Thousand
dollars to be levied of their respective Goods and Chattels lands
and tenements to be rendered void upon Condition that the Said
Andrew Baker defendant in this Cause Shall make his personal
appearance before the Judge of this Court at the Court house in the
Town of Osceola in the County of St. Clair on the first day of the
next term of this Court which Commences on the fifth Monday after
the fourth Monday in September next then and there to answer said
indictment for murder and abide the decision of the Court and not
depart the court without leave.
State of Missouri
vs
Andrew Baker
Indictment for Murder
Now at this day comes Thomas J. Fisher, Williamson O. Dorman, John
Pitts and Severally acknowledge themselves Indebted to the State of
Missouri in the Sum of fifty Dollars each to be rendered void upon
Condition that they Severally make their personal appearance before
the Judge of this Court at the Court house in the town of Osceola to
give evidence on the part of the State of Missouri in an Indictment
against Andrew Baker for murder and not depart the Court without
leave.
State of Missouri
vs
Robert H. Sproull
Indictment for Selling Liquor without License
Now at this day Comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said Defendant in
his own proper person in discharge of his recognizance and for his
plea in this behalf Says he is not guilty
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in manner and form as charged against him in Said Indictment and for
his trial puts himself upon the County and the Said Circuit attorney
for the State of Missouri doth the Same whereupon Comes a Jury towit
Wilson Garrett, James Gash, Hugh B. Cole, Eli G. Dawbs, James D.
Gardner, Robert V. Keller, James H. Justis, John M. Tally, Oscar O.
Keller, Albert G. Culbertson, Joshua W. Ellis and Stinson S. Stearns
Twelve good and lawful men Elected and Sworn to well and truly try
the issue in this Cause Joined who after hearing the Evidence and
being out a reasonable length of time return into Court and reported
to the Court that they could not agree upon a verdict and was by the
Court adjourned until 9 oclock tomorrow morning under the usual
Charge of the Court.
State of Missouri
vs
William T. Matlock
For contempt of court
William T. Matlock having been sworn as a witness in a controversy
now pending in this Court wherein the State of Missouri is Plaintiff
and Elcana Cain, Robert H. Sproull and Merrill H. Cave are
defendants in an Indictment for Gaming and he having departed from
the court without leave It is ordered by the court that a fine of
Twenty five Dollars be assessed against the Said William T. Matlock
for said contempt. It is therefore considered by the court that the
said State of Missouri recover against the said William T. Matlock
the Said Sum of $25. for her fine So assessed by the court as
aforesaid together with her costs in this behalf and that the said
Matlock be imprisoned until said fine and costs be paid and that
Execution Issue therefore and that he render himself in Execution.
State of Missouri
vs
William Preston
In contempt of court
Now at this day comes the said William Preston and upon a reasonable
Excuse by him offered to the court for failing to attend as a
witness before the Grand Jury at the last term of this court he is
by
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the court excused for said failure upon payment of the costs
attending Notice against him to appear at this term of this court.
It is therefore considered by the court that the State of Missouri
recover against the Said William Preston her costs in this behalf
expended and that Execution Issue therefore.
State of Missouri
vs
Robert G. Crockett & Simeon Gilbreath
For contempt of court
The said Robert G. Crockett and Simeon Gilbreath being called before
the court for a contempt of court in talking loud in the courthouse
and disturbing the business of the court. The court doth assess a
Fine of Two Dollars and fifty cents each against Said Crockett and
Gilbreath for Said contempt.
Valentine Hoover
vs
Thomas Gibbons
Civil Action
Now at this day comes the Said Defendant by his Attorney and by
leave of the Court files herein his Motion to quash the Said
Plaintiffs petition and proceedings in said cause.
Ordered that Court adjourn until tomorrow Morning 8 oclock. De Wit
C. Ballou Circuit Judge
Tuesday morning May 1st 1855 court met pursuant to adjournment
Present as on yesterday.
John T. Metcalf
vs
Daniel Dale
Civil action
Now at this day comes the parties by their attorneys and the Said
defendant by his attorney by leave of the court files herein his
Motion to Strike out a part of the Said Plaintiffs petition and both
parties being ready for trial and Said motion being seen heard and
fully understood by the Court is by the court Overruled.
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State of Missouri
vs
Robert G. Crockett & Simeon Gilbreath
For contempt of court
Now at this day comes the said Robert G. Crockett and Simeon
Gilbreath and upon a reasonable excuse by them offered to the court
It is ordered by the court that the fine of Two dollars and fifty
cents assessed against each of said defendants by this court on
yesterday for a contempt of court be remitted and that the order
made on yesterday assessing said fine be Set aside and Stand for
naught.
State of Missouri
vs
Abasha Starky & John Starkey
on Forfeiture of Recognizance
Now at this day comes the said Defendant John Starkey by his
attorney and by leave of the court files herein his motion to set
aside & quash the Sheriffs return on the Scire facias in this cause.
State of Missouri
vs
Richard Dear
Indictment for dealing with a Slave
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said Defendant in
his own proper person and also by attorney and the Said defendant by
his attorney files herein his motion to quash Said Indictment which
said motion and the arguments of counsel being Seen heard and fully
understood by the court The said motion is by the court Sustained
And It is therefore considered by the court that Said Indictment be
quashed and held for naught And that the Said defendant prays his
recognizance be discharged and that he go hence thereof without day.
John B. Brown
vs
John McDowell administrator Debonis Non of the Estate of Henry Dent
Decd
Appeal from St. Clair County Court
Now at this day comes the said Parties by their attorneys And the
said John McDowell as administrator Debonis Non Enters his
appearance
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as Defendant in this cause and by his attorney files herein his
motion to dismiss the appeal in this cause which Said Motion being
Seen heard and fully understood by the court is by the court
overruled for the reason that the same matter has been heretofore
determined by this court and previous motion.
State of Missouri
vs
Hezekiah Thompson
Indictment for dealing with a Slave
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said defendant in
his own proper person and also by attorney and the said defendant by
his attorney files herein his motion to quash said Indictment which
Said Motion being Seen and heard and fully understood by the court
and also the arguments of counsel said motion is by the court
Sustained It is therefore considered by the court that Said
Indictment be quashed and held for naught And that Said defendant
from his recognizance be discharged and that he go hence thereof
without day.
State of Missouri
vs
Felix Bailey
Indictment for dealing with a Slave
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant in
his own proper person and also by attorney and the said defendant by
his attorney files herein his motion to quash said Indictment which
Said Motion being seen heard and fully understood by the court and
also the arguments of counsel said motion is by the court Sustained
It is therefore considered by the court that said Indictment be
quashed and held for naught and that Said defendant from his
recognizance be discharged and that he go hence thereof without day.
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Jefferson B. Allgood
vs
Jacob V. Dale
Civil action
Now at this day comes the Said Parties by their attorneys and the
said defendant by his attorney files herein his motion to quash the
depositions of Elizabeth D. Little, Stirling H. Jones and James L.
Hiblor filed in this cause by said Plaintiff which said Motion being
seen heard and fully understood by the court and the arguments of
counsel being heard by the court Said Motion is by the court
overruled to which decision of the court the said Defendant by his
attorney Excepts and presents to the court his bill of Exceptions
which is Signed by the Judge and filed herein.
State of Missouri
vs
Elcanah Cain
Indictment for permitting Gaming in his house
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and Says he will not further
prosecutes this cause It is therefore ordered by the court that the
Said Defendant from his recognizance be discharged and that he go
hence thereof without day.
State of Missouri
vs
Elcanah Cain & ____ Hicks
Indictment for Gaming
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant
Elcanah Cain in his own proper person and also by attorney and the
Said Defendant Cain for his plea in this behalf Says he is guilty in
manner and form as in said Indictment is charged against him and for
his punishment puts himself upon the mercy of the court whereupon
the court doth assess a fine of Ten Dollars against the Said
defendant Elcanah Cain It is therefore considered by the court that
the said State of Missouri recover against the said Defendant
Elcanah Cain the Said Sum of Ten Dollars for her fine so assessed
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by the court as aforesaid together with her costs in this behalf and
that Execution Issue therefore and that he render himself in
Execution.
State of Missouri
vs
Robert H. Sproull
Indictment for Selling liquor without license
Now at this day comes again the Jury Sworn on yesterday to try the
Issue in this cause Joined and after being out a reasonable length
of time returned and reported to the court that they were unable to
agree upon a verdict and were by the court discharged.
Valentine Hoover
vs
Thomas Gibbons
Civil Action
Now at this day comes the said parties by their attorney and the
motion filed by Said defendant on yesterday to quash Said plaintiffs
petition and the proceedings in said cause coming on to be heard and
said Motion and the arguments of counsel being seen and heard and
fully understood by the court said motion is by the court overruled
to which decision of the court the said Defendant by his attorney
excepts and presents to the court his bill of exceptions which is
Signed by the Judge of the court and filed herein.
It is ordered by the court that all pleadings to Petitions on bonds
and notes for the payment of Money and in Petition cases be filed by
Thursday morning next at 9 oclock.
Jonas Caton – Plaintiff
against
Jane Caton – Defendant
Civil Action for Divorce
Now at this day Comes the plaintiff by his attorney as well as the
Defendant by his attorney and neither party requiring a Jury the
Cause is Submitted to the Court upon petition answer and Cross bill
and it being proved to the Satisfaction of the Court that Defendant
Jane Caton had for more than two years previous to the Commencement
of this Suit willfully deserted absented herself & abandoned
plaintiff without any reasonable Cause & that Plaintiff
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is the innocent and injured party It is therefore Considered by the
Court here that the bonds of matrimony heretofore Solemnized between
plaintiff and defendant be revoked Set aside made null and void and
held for naught and that Plaintiff be divorced from Defendant that
Said Defendant be permitted to marry again and be restored to the
same which She had previous to her marriage with Said Plaintiff and
Shall hereafter be Known by Said name to wit Jane Oaks and that Said
Plaintiff pay the Costs of this Suit and the opinion of the court in
accordance herewith is filed herein.
Clarissa Stewart Etal
vs
Daniel Stuart Etal
Petition for Partition
Now at this day Comes again here into Court the Said plaintiffs by
their attorney As well as Susan Stuart who Since the last
Continuance has enter married with Andrew F. Corbin and the Said
Corbin being now in Court here asks to be made a party defendant
with his Said wife Susan and leave is granted and he made a Co
defendant with the Said wife in this Cause.
John B. Brown
vs
John McDowell administrator Doberis non of the Estate of Henry Dent
Deceased
Appeal from St. Clair County Court
Now at this day Comes the parties by their attorneys and both
parties being ready for trial Comes a Jury to wit James Boswell,
William Culbertson Sen’r., William Rentfro, Louis Reese, Joshua W.
Ellis, John Tally, Stinson S. Stearns, William Bunch, Andrew J.
Nicholas, Daniel B. Kidd and Oliver Fletcher Eleven good and lawful
men Elected and agreed upon by the parties as a Sufficient Jury to
try this cause as were duly Sworn to well and truly try the Issue in
this cause Joined and after hearing the evidence and being out a
reasonable length of time returned and reported to the court that
they were unable to agree upon a verdict and were by the court
adjourned until tomorrow morning 9 oclock under the usual charge of
the court.
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John Wix admr of Robert Beaty Dec’d
vs
William N. Patterson
appeal from JP
Now at this day comes the Said parties by their attorneys and on
motion of Said Plaintiff and for good cause Shown It is ordered by
the Court that this cause be continued until the next term of this
Court at the said Plaintiffs costs It is therefore considered by the
court that the Said Defendant recover against the Said Plaintiff his
costs and charges Expended at and about this term of this court and
that the same be certified to the county court of Bates county
Missouri.
Elcanah Cain
vs
William Duckworth
civil action
Now at this day comes the Said parties by their attorneys and the
motion filed on yesterday by Said defendants to dismiss this suit
for the insufficiency of the Security for costs given by said
Plaintiff coming on to be hard and said motion being Seen and heard
and fully understood by the Court is by the court Overruled for the
reason that good and Sufficient Security has been added to said
obligation for costs William W. Walters having signed said
obligation and Entered as Security for said Plaintiff for said costs
who is by the court considered good and sufficient for the same.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Circuit Judge
Wednesday morning May 2nd 1855 Court met pursuant to adjournment
Present as on yesterday.
Elcanah Cain
vs
William Duckworth
Civil Action
Now at this day comes the parties by their attorneys and the said
defendant by his attorney files herein his answer to Said Plaintiffs
Petition And the Said
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Plaintiff files herein his affidavit for a continuance of this cause
And for good cause Shown this cause is by the court ordered to be
continued until the next term of this court at the costs of said
Plaintiff It is therefore considered by the court that the Said
defendant recover against the Said Plaintiff and his Securities for
costs his costs at and about this Term of this court (Except the
fees of witnesses for attendance who have attended more than one day
which said attendance for more than one day is by the court
considered as costs to abide the final determination of this suit)
and that Execution Issue for said costs so adjudged against said
Plaintiffs and his said Securities.
State of Missouri
vs
Elcanah Cain
on recognizance For contempt of court
This day comes the circuit attorney who prosecutes for the State of
Missouri in this behalf as well as the Said Defendant in his own
proper person an the Said Elcanah Cain having Entered into a
recognizance at the last term of this court to appear at this term
to testify as a witness before the Grand Jury and to answer for a
contempt by him committed in refusing to give evidence as a witness
before the Grand Jury at last term and not depart the court without
leave. And having been before the Grand Jury and answered to the
Satisfaction of the Said circuit attorney is by the court Sentenced
to imprisonment in the county Jail for the Term of Twenty four hours
for the said contempt of court in refusing to answer a question
propounded to him by the Grand Jury at said last term of this Court
and by the court decided to be a legal question which he was bound
to answer.
John T. Metcalf
vs
Daniel Dale
Civil action
Now at this day comes the Said Defendant by his attorney and
presents to the court his bill of exceptions which is signed by the
Judge of this Court and filed herein.
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John B. Brown
vs
John McDowell admr’r debonis Non of Henry Dent Dec’d
Appeal from St. Clair County Court
Now at this day comes the said defendant by his attorney and
presents to the court his bill of Exceptions which is Signed by the
Judge of This court and filed herein.
John B. Brown
vs
John McDowell admr of debones non of Henry Dent
Appeal from St. Clair County Court
Now at this day Comes again the jury Sworn on yesterday to Try the
Issue in this Cause and after again being out a reasonable length of
time returned and reported to the Court that they were unable to
agree upon a verdict in this Cause and were by the Court discharged
And on motion of Said plaintiff It is ordered by the Court that he
have leave to withdraw the Instrument Sued on for the purpose of
taking a deposition by leaving a True Copy of the Same on file.
Jefferson B. Allgood
vs
Jacob V. Dale
Civil Action
Now at this day Comes the Said parties by their attorneys and both
parties being ready for trial Comes a Jury To wit: James Burke,
Oscar F. Keller, William E. Swearingen, Samuel T. Weir, Jesse
Looney, William H. Scoby, Charles Schroder, Anthony S. Fike, William
N. Patterson, Joshua W. Ellis, Hezekiah Thompson & Mathew Francis
Twelve good and lawful men Elected and Sworn to well and truly try
the Issue in this Cause Joined who after hearing a portion of the
Evidence and there not being time to go through with the Case this
day were by the Court adjourned until tomorrow morning Nine Oclock
under the usual Charge of the Court.
The Grand Jury returned here into Court and by their foreman in
presence of whole body of Grand Jurors presented the following bills
of Indictment To wit one bill of Indictment against
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[space] for felonious assault
one bill of Indictment against [space] for felonious assault
One bill of Indictment against [space] for Murder
one bill of Indictment against [space] for Passing Counterfeit Coin
and again retired to consider of their further presentments and
Indictments. And on motion of the Circuit attorney who prosecutes
for the State of Missouri It is ordered by the Court that Capias
writs Issue on all the above named Indictments Directed to the
Sheriff the proper County.
State of Missouri
vs
Elcanah Cain
on committal for contempt of court
It is ordered by the court that the Punishment by Imprisonment in
the county Jail Imposed on said defendant by this court this morning
for contempt be remitted he having remained in Jail Ten hours. and
that he be discharged upon payment of the costs attending said
proceedings And it is considered by the court that said State
recover against the Said Elcanah Cain his costs in the behalf
expended and that Execution Issue therefor and that he render
himself in Execution.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Circuit Judge
Thursday morning May 3rd 1855 court met pursuant to adjournment
Present as on yesterday.
Ebenezor Gash
vs
Oliver H.P. Culbertson & Andrew J. Culbertson
Civil action
Now at this day comes the Said defendants by their attorney Thomas
W. Freeman And on motion of Said defendants by their said attorney
Leave is Granted to both of Said defendants
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to file their answer to said Plaintiffs petition in vacation Ninety
days before the next Term of this court.
John T. Metcalf
vs
Daniel Dale
Civil action
Now at this day comes the said defendant by his attorney and files
herein his motion to strike out a part of the second count in
Plaintiffs petition, which said Motion being Seen and heard and
fully understood was by the Court Overruled except the words “he
took my corn” which is by the court ordered to be Struck out and the
innuendo thereto in the second count of said Plaintiffs petition to
which decision of the court the Said Defendant by his attorney
Excepted and presented to the court his bill of Exceptions which is
signed by the Judge and filed herein.
State of Missouri
vs
Abasha Starkey & John Starkey
On Forfeiture of Recognizance
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf And on his Motion It is ordered by
the court that a new Scire facias be Issued against Said defendants
directed to the sheriff of Hickory County returnable to the next
Term of this court and that this cause be continued until the next
term of this court.
Jefferson B. Allgood
vs
Jacob V. Dale
Civil Action
Now at this day comes again the said parties by their attorney and
the Jury Sworn on yesterday to try the Issue in this cause Joined
returns into court here and after hearing the evidence thorough
returned into court the following verdict to wit “We the Jurors find
a verdict for Plaintiff and assess his damages at Six hundred and
fifty dollars and interest Sixty nine dollars and eighty three
cents. Making in all Seven hundred and Nineteen dollars and Eighty
three cents. W.E. Swearengen Foreman” It is therefore
Page 490:
April Term AD 1855
Considered by the court that the said Plaintiff recover against the
said defendant the Said Sum of Seven hundred & Nineteen Dollars and
Eighty three cents for his damages So found by the Jury as aforesaid
together with his costs and charges in this behalf Expended and that
Execution Issue therefor.
Jefferson B. Allgood
vs
Jacob V. Dale
Civil action
Now at this day comes the Said Defendant by his attorney and files
herein his motion to exclude a portion of the Evidence given by the
Physicians in this cause which said motion being Seen and heard and
fully understood by the court is by the court overruled whereupon
the said defendant by his attorney excepts to the decision of the
court in overruling his Said Motion.
The Grand Jury returns here into court and by their foreman in the
presence of the whole body of Grand Jurors presented the following
bills of Indictment to wit.
one Bill of Indictment against Henry Pollard, John Thomas & William
Wells for Gaming
one Bill of Indictment against William Culbertson Senior for
disturbing religious worship
one Bill of Indictment against [space] for felonious assault
one Bill of Indictment against Stanford Walters for disturbing
religious worship
one Bill of Indictment against [space] For felonious assault
one Bill of Indictment against Mitchell Gash for disturbing
religious worship
one Bill of Indictment against George Wyatt for disturbing religious
worship
One Bill of Indictment against Joseph Delozier for disturbing
religious worship
One Bill of Indictment against [space] for assault with intent to
Kill
one Bill of Indictment against Mitchell Gash for disturbing
religious worship
one Bill of Indictment against Albert Parks for trading with Slave
One Bill of Indictment against Albert Parks for trading with Slave
One Bill of Indictment against Albert Parks for Petty Larceny
Page 491:
April Term AD 1855
and Bill of Indictment against Nimrod Morris for dealing with slave
And also presents to the court a report of this Examination of the
condition of the common Jail of the county of St. Clair which said
report is by the court ordered to be certified to the St. Clair
county court And having no further business before them were by the
court discharged And on motion of the circuit attorney It is ordered
by the court that Capias writs Issue on all the above named
Indictments Directed to the Sheriff of the proper county.
Thomas Ford – Plaintiff
Vs
Elenor Jane Ford – Defendant
Civil Action for Divorce
Now at this day comes the Plaintiff by his attorney and the
defendant though three times Solemnly called comes not but makes
default and no answer having been filed by said defendant and it
being Shown to the court here that Said defendant has been duly
Summoned according to law And the plaintiff not requiring a Jury
said cause was by the Plaintiff Submitted to the court upon the
petition and testimony in the cause and it being proved to the
Satisfaction of the court that said Plaintiff and defendant had been
married as alledged in the complaint that he defendant had been
guilty of the crime of adultery since the marriage of Plaintiff and
Defendant as alleged in said petition and that the plaintiff had
treated defendant Kindly and that he was the innocent and injured
party It is therefore considered by the court here that the bonds of
Matrimony heretofore solemnized between Plaintiff and defendant for
the reason aforesaid be and the same are hereby dissolved Set aside
and held for naught and that Plaintiff be divorced from defendant
and the bonds of Matrimony heretofore contracted with said defendant
and restored to all the rights of a single person and that said
Plaintiff pay the Costs of this proceeding And the opinion of the
Court in accordance herewith is filed herein.
It is ordered by the court that all pleadings be filed by tomorrow
morning at 10 oclock.
Page 492:
April Term AD 1855
State of Missouri
vs
Henry Pollard Etal
Indictment for Gaming found at this term of court
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said defendant Henry
Pollard by W.P. Johnson his attorney and for his Plea in this behalf
Says he is guilty in manner and form as is charged against him in
Said Indictment and for his punishment puts himself upon the mercy
of the court whereupon the court doth assess a Fine of Ten Dollars
against the said Henry Pollard It is therefore considered by the
court that the Said State Recover against the said defendant Henry
Pollard the Said Sum of Ten Dollars for her Fine so assessed by the
court as aforesaid together with her costs in this behalf and that
Execution Issue therfor and that Said Defendant render himself in
execution.
John T. Metcalf
vs
Daniel Dale
Civil action
Now at this day comes the said Defendant by his attorney and by
leave of the court files herein his answer to said Plaintiffs
Petition.
State of Missouri
vs
William Culbertson Senior
Indictment for Disturbing religious worship for and at this court
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant by
William A. McClain his attorney who for his plea in this behalf Says
he is guilty in manner and form as is charged against him in said
Indictment and for his punishment puts himself upon the mercy of the
court whereupon the court doth assess a Fine of one dollar against
said defendant It is therefore considered by the court that said
state Recover against Said defendant the said Sum of one Dollar for
her fine so assessed by the court as aforesaid together with her
costs in this behalf and that Execution Issue therefore And that
Said defendant render himself in Execution.
Page 493:
April Term AD 1855
Lewis Metcalf Administrator Debonis Non of the Estate of James Beale
Deceased
vs
Daniel Dale
Civil action
Now at this day comes the said Defendant and by leave of the court
by his attorney and by leave of the court files herein his answer to
said plaintiffs petition.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Circuit Judge
Friday morning May 4th 1855 Court met pursuant to adjournment
Present as on yesterday.
Robert S. Boswell, James F. Boswell, William R. Williams & Elizabeth
Williams – Plaintiffs
vs
Minerva A. Boswell – Defendant
Petition for Partition of real Estate and Slaves
Now at this day comes again the Plaintiffs by their attorneys and
the defendant by her guardian adlitem William H. Otter and the
Commissioners Uriah L. Sutherland, George Preston and William C.
Douglass appointed by the Order of this Court to make partition of
the real Estate and to divide the Slaves in Said Petition mentioned
return into Court here the following report which is in the words
and figures following to wit:
“State of Missouri, County of St. Clair ss The undersigned appointed
by the Judge of the St. Clair circuit Court as Commissioners to make
partition of the Lands and Slaves belonging to the estate of Mathew
Boswell deceased among the heirs of Said Estate Swear that they will
honestly and impartially execute the best report in them given under
our hands this 9th day November 1854
Subscribed and Sworn to before the undersigned Justice of the peace
this 9th day of November 1854.
Bainbridge W. Boadstain, Justice of the peace in and for St. Clair
County Mo.
U.L. Sutherland [Seal]
Wm. C. Douglass [Seal]
George Preston [Seal]
Commissioners
Page 494:
April Term AD 1855
We the undersigned Commissioners according to Order met upon the
lands of Mathew Boswell deceased late of the County of St. Clair and
State of Missouri and made partition of the Said lands among the
Said heirs of the Said Mathew Boswell deceased as follows: To Wit:
To Robert S. Boswell we allotted all of that part of the west half
of S.W. qr of Section 32 Town 37 R 24 W lying South of the following
lines Beginning at a Stone corner on the west line of the W qr of SW
qr of Section 32 of Township 37 of Range 24 W and North 8’ W 8 Polls
and 16 links from the SW Corner of Said Section No. 32 thence E 21’
South to a Stone Corner in the E line of NE qr of NW qr of Section 5
Town 36 of Range 24 W Said Corner being South 8’ E and 66 poles from
the NE Corner of NE qr of NW qr of Said Section 5 also all that part
lying South of the above described line of the W qr of NW qr of
Section 5 Town 36 Range 24 W * valued at Eight Hundred dollars. To
James F. Boswell we allotted the SE qr of SW qr of Section 32
Township 37 Range 24 W also all that part of the W qr of SW qr of
Section 32 Town 37 Range 24 W lying north of the line mentioned in
Robert S. Boswells allotment Said line Beginning at a Stone Corner
and Running East 21’ South to a Stone Corner mentioned above and
also all of that part of NE qr of NW qr of Section 5 Town 36 Range
24 W lying north of the line in the allotment of Robert S. Boswells
valued at Thirteen Hundred dollars To William R. Williams and
Elizabeth Williams his wife the SE qr of Sec. 12 Town 36 and also
the NW qr of NE qr of Sec. 13 Town 36 all in Range 24 W valued at
Six hundred and fifty dollars To Minerva A. Boswell the W ½ of SW qr
of Sec. 33 Town 37 Range 24 W also the W ½ of NE qr of Sec. 15 and
the E ½ of NW qr of Section 22 of Town 36 Range 24 W valued at five
hundred dollars. Negroes or Slaves we allotted to Robert S. Boswell
the following named Slaves to wit: Norris valued at $7.00 Harriet
$4.50 Total valued $11.50
To James F. Boswell the following named Slaves to wit: Henry valued
at $5.50 Betsy at $2.75 Ben at $2.75 Total $11.00
To William R. Williams & Elizabeth his wife the following Slaves to
wit: Jane valued at $8.00 Nelly at $1.25 Total $9.25
To Minerva A. Boswell the following named Slaves To wit: Martha
valued at $5.00 Nelly at $2.00 Jilly at $3.50 Total $10.50
[written in left hand margin:] * also that part lying south of the
above described line in the NE qr of NW qr of Section of Section 5
Town 36 Range 24 W also all of the NE qr of SW qr of Sec. 5 Town 36
Range 24 W
Page 495:
April Term AD 1855
All of which is hereof reported to Court Given under our hands and
Seals this the 13th day of November Ad 1834
Fees
U.L. Sutherland 4 days at $1.50 per day $.600
Wm. C. Douglass 4 days at $1.50 per day $6.00
George Preston 4 days at $1.50 per day $6.00
Total $18.00
U.L. Sutherland [Seal]
Wm. C. Douglass [Seal]
George Preston [Seal]
State of Missouri, County of Missouri ss Commissioners
Be it remembered that on this 13th day of November AD 1854
personally appeared before me James W. Beck Clerk of the Circuit
Court of Said County of St. Clair Uriah L. Sutherland, William C.
Douglass and George Preston all of whom are personally Known to me
to be the Real persons whose names appear Subscribed to the
foregoing Report as having executed the Same as commissioners and
acknowledge the Same to be their own act and deed for the purposes
therein Contained. In testimony whereof I have hereunto Subscribe my
name and affix the Seal of Said Court at office in Osceola this day
and year above written.
James W. Beck clerk [Seal]
Whereupon there being no objective to Said report or good cause
Shown to Set aside the report Said report is by the Court confirmed
and it further appearing to the Satisfaction of the court that the
guardian of Minerva A. Boswell has Received and inventoried in the
County Court of St. Clair County Mo. the Sum of three hundred and
Eighteen dollars and Seventy five cents the amount to make Said
Minerva A. Boswell Equal with the remainder of Said children in the
division of the land and negroes aforesaid it is therefore
considered adjudged and decreed by the Court that the portions of
land and lots of negroes in Said report mentioned Shall be firm and
effectuate between the parties forever and it is further decreed by
the Court that the necessary costs and expenses attending this
partition be equally taxed between and amongst all the parties
interested in the petition and the opinion of the court accordingly
is filed herein.
Page 496:
April Term AD 1855
Jefferson B. Allgood
vs
Jacob V. Dale
Civil action
Now at this day comes the said Defendant by his attorney and by
leave of the court files herein his Motion to set aside the verdict
rendered on yesterday and grant a new trial in Said cause which said
Motion being seen heard and fully understood by the court is by the
court overruled.
Richard P. Hanonkamp and Charles L. Gilssin
vs
David S. Corbin and Taltonton T. Barnes
Civil Action
Now at this day comes the Said Plaintiffs by their attorney and the
Said defendant though three times solemnly called comes not but
makes default And it appearing to the court here from the return of
the Sheriff that Said defendants have Solemnly Served with process
more than Twenty Days before the first day of this Term of this
court by copy And said plaintiffs demanding a trial and there being
no answer to said Plaintiffs petition whereby the said action
remains against the said defendants undefended And this action being
founded Solely upon a promissory note Executed by said defendants
payable to said Plaintiffs for the direct payment of money and it
appearing to the court from the note sued on that the said
defendants are Justly indebted to the Said Plaintiffs in the Sum of
One Thousand and Three Dollars and five cents for their debt and
damages by way of Interest It is therefore considered by the court
that the Said Plaintiffs recover against the said Defendants the Sum
of one Thousand and three Dollars and five cents for their debt and
Interest So found by the court as aforesaid together with their
costs in this behalf Expended and that Execution Issue therefor.
George T. Pittman and Albert Tennant
vs
David S. Corbin & Talton T. Barnes
Civil Action
Now at this day comes the said
Page 497:
April Term AD 1855
Plaintiffs by their attorney and the Said Defendants though Solemnly
called comes not but makes default And it appearing to the court
from the return of the Sheriff that said defendants have been duly
Served with process in this cause more than fifteen days before the
first day of this term of this court And said plaintiffs demanding a
trial and there being no answer to Said plaintiffs Petition whereby
the said action remains against the said defendants undefended and
this action being founded Solely upon a promissory note executed by
said Defendants payable to said Plaintiffs for the direct payment of
money and It appearing to the court from the note Sued on that the
Said defendants are Justly indebted to the Said Plaintiffs in the
Sum of Four hundred and Twenty Dollars and fifty four cents on Said
Note. It is therefore considered by the court that the Said
Plaintiffs recover against the Said defendants the Said Sum of $420
& 34 cents for their debt and interest So found due by the court as
aforesaid together with their costs in this behalf expended and that
Execution Issue therefor.
Horace Whittemore, Robert B. Whittemore & John F. Carter
Civil Action
Now at this day comes the said Plaintiffs by their attorneys and the
said defendants though solemnly called comes not but makes default
And it appearing to the court from the return of the Sheriff that
said defendants have been duly served with process in this cause
more than fifteen days before the first day of this term of this
court And said Plaintiffs demanding a trial and there being no
answer to said plaintiffs Petition whereby the Said action remaining
against said defendants undefended And this action being founded
Solely upon a promissory note executed by said Defendants payable to
said Plaintiffs for the direct payment of money And It appearing to
the court from the Note Sued on that the Said Defendants are Justly
indebted to the Said Plaintiffs in the Sum of Two hundred & Seventy
Seven Dollars and fifty Seven cents on said note It is therefore
considered by the Court that the said Plaintiffs recover against the
said defendants the Said Sum of $277 and 57 cents so
Page 498:
April Term AD 1855
found due by the court as aforesaid together with their costs in
this behalf expended and that Execution Issue therefor.
Daniel P. Morgan
vs
John B. Cox
Civil Acton
Now at this day comes the said parties by their attorneys And the
Said Plaintiff being the Sheriff of St. Clair county at this time It
is ordered by the court that Samuel P. Hedges be appointed Cilizor
to Summon a Jury to try this cause And the Said parties by their
attorneys here in court consents to said appointments.
Daniel P. Morgan
vs
John B. Cox
Civil action
Now at this day comes again the said Parties by their attorneys and
both parties being ready for trial comes a Jury To Wit Hezekiah
Thompson, Matthew Francis, Lewis Reese, Thomas Hackett, Joseph
Potter, Greenberry Culbertson, James Rickey, Samuel Tolten, William
W. Collins, John J. Scott, John Hubbs and Robert Leonard Twelve good
and lawful men Elected and sworn to well and truly try the Issue in
this cause Joined who after hearing the evidence returned the
following verdict To wit “We the Jury find a verdict for the
Plaintiff and assess his damages at the Sum of Two hundred and
thirty Dollars. James Rickey Foreman”
It is therefore considered by the court that the Said Plaintiff
recover against the Said Defendant the Said Sum of Two hundred and
thirty dollars so found by the Jury as aforesaid together with his
costs and charges in this behalf laid out and Expended And that
Execution Issue therefor And thereupon the said defendant files
herein his Motion to set aside the verdict and grant a new trial And
this cause and said Motion being seen heard and fully understood by
the court is by the court Overruled.
[written in left hand margin:] I Daniel P. Morgan the Plaintiff in
this Judgment Do hereby acknowledge satisfaction in full of the same
and release all fees this claim against the said John B. Cox the
same having been paid to me by Pleasant M. Cox former curator
witness my hand and seal this 30th day of November 1857 Test James
W. Beck clerk, Daniel P. Morgan (Seal).
Daniel P. Morgan
vs
John B. Cox
Civil action
Now at this day comes again the said Parties by their attorneys And
the said defendant by his attorney presents to the court his bill of
exceptions in this cause which is signed by the Judge and filed
Page 499:
April Term AD 1855
herein and the said Plaintiffs by his attorney waives Notice of a
writ of Error to take this cause to the Supreme court.
Cornelius Haywood, Philips Crow and John T. Talbott – Plffs
vs
David S. Corbin & Talton T. Barnes – Defts
Civil Action
Now at this day comes the Said Plaintiffs by their attorney and the
Said defendants though solemnly called comes not but makes default
And it appearing to the court here from the return of the Sheriff
that Said defendants have been duly served with process more than
Twenty days before the first day of this term of this court by Copy
And Said plaintiffs demanding a trial and there being no answer to
said Plaintiffs petition whereby the Said action remains against the
said defendants undefended And said action being founded upon a
promissory note executed by said Defendants whereby It appearing to
the court that said Defendants are Justly indebted to the said
plaintiffs in the Sum of Eight hundred and Seven dollars & one cent
for their debt and Interest due thereon It is therefore considered
by the court that the said plaintiffs recover against the Said
Defendants the said Sum of $807.01/100 for their debt and interest
so found by the court as aforesaid, together with their costs in
this behalf and that Execution Issue therefor.
James T. Johnson, Barton S. Wilson & Elisha W. Brown – Plffs
vs
David S. Corbin & T.T. Barnes – Defts
Civil action
Now at this day comes the Said Plaintiffs by their attorney and the
Said Defendants though Solemnly called comes not but makes default
And it appearing to the court here from the return of the Sheriff
that Said defendants have been duly Served with process more than
Twenty days before the first day of this term of this court by copy
And Said plaintiffs demanding a trial and there being no answer to
said plaintiffs petition whereby the Said action remains against the
said defendants undefended And It appearing to the court that this
action is founded on a promissory note executed
Page 500:
April Term AD 1855
said Defendants by which It appears to the court that said
defendants are Justly indebted to Said plaintiffs in the Sum of
Three hundred and thirty Dollars and Sixty Seven cents for their
debt and Interest due thereon.
It is therefore considered by the court that the Said plaintiffs
Recover against the Said Defendants the said sum of $330.67 for
their Debt and interest So found by the court as aforesaid together
with their costs in this behalf and that Execution issue therefore.
Henry G. Brent, Francis E. Brent and Alexander Corrick
vs
David S. Corbin & Talton T. Barnes
Civil action
Now at this day comes the Said Plaintiffs by their attorney and the
Said Defendants though Solemnly Called comes not but makes default
And it appearing to the court here from the sheriffs return that
said defendants have been duly Served with process more than twenty
days before the first day of this term of this court by copy And
Said Plaintiffs demanding a trial and there being no answer to said
plaintiffs petition whereby said action remains against said
defendants undefended And it appearing to the court that this action
is founded on a promissory note executed by Said Defendants by which
it appears to the court that Said defendants are Justly indebted to
said Plaintiffs in the sum of Fourteen hundred and five Dollars and
ninety one cents for their debt and interest due thereon It is
therefore considered by the court that the said Plaintiffs recover
against the Said defendants the Said Sum of $1405.91 cents for their
debt and interest so found by the court as aforesaid together with
their costs in this behalf And that Execution Issue therefor.
The State of Missouri
vs
Joseph S. Herndon
Indictment for assault with Intent to Kill
Now at this day Comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant
Joseph S. Herndon in his own proper person
Page 501:
April Term AD 1855
as principal and John T. McClain as his Surety and acknowledge
themselves Jointly and Severally to owe and Stand indebted to the
State of Missouri in the Sum of Seven hundred and fifty Dollars to
be levied of their respective goods and Chattels lands and tenements
to be rendered void upon condition that the Said Joseph S. Herndon
Shall make his personal appearance before the Judge of this Court at
the Court house in the town of Osceola on the first day of the next
term of this Court which Commences on the fifth Monday after the
fourth Monday in September next and then and there answer Said
indictment for assault with intent to Kill and not depart the Court
without leave.
The State of Missouri
vs
Marcellus Harris
Indictment for Murder
Now at this day Comes the Circuit attorney who prosecutes for the
State of Missouri in this behalf, as well as the Said Marcellus J.
Harris defendant in Said Indictment in his own proper person as
principal and Pleasant M. Cox, Aurelius B. Harris, Edwin E. Harris,
Uriah L. Sutherland, William W. Ritchey, John T. McClain his
Sureties and acknowledge themselves Jointly and Severally to owe and
Stand indebted to the State of Missouri in the Sum of Ten Thousand
Dollars to be levied of their respective goods and chattels lands
and tenements to be rendered void upon condition that the said
Marcellus J. Harris Defendant in this cause Shall make his personal
appearance before the Judge of this court in the Courthouse in the
Town of Osceola on the first day of the next term of this Court
which Commences on the fifth Monday after the fourth Monday in
September next and then and there Answer Said Indictment for murder
and not depart the Court without leave.
William Barnett
vs
Mary Barnett
Petition for a Decree of title to Real Estate
Page 502:
April Term AD 1855
Hugh Barnett
Marcus Barnett
Pleasant Barnett
Joseph Barnett &
Mary Barnett Jr.
Now at this day comes again here into Court the Said plaintiff by
his attorney and it being Shown to the Court here that all of Said
defendants have been duly Served with process & sumoned to answer
Said petition according to law and it having been Suggested to the
Court here that Pleasant Barnett, Joseph Barnett & Mary Barnett Jr.
are infants within the age of twenty one years the Court thereupon
appointed M.L. Means guardian adlitem for said infants and the said
M.L. Means being in Court here consents to the Same and upon leave
of the Court filed herein the answer of the Said Pleasant Barnett,
Joseph Barnett, Mary Barnett Jr. and the Said Mary Barnett, Hugh
Barnett and Marcus Barnett having failed to file their answer to
Said plaintiffs petition Whereby said action remains undefended as
to them and they being three times Solemnly Called Comes not but
made default and Said infants Pleasant Barnett, Joseph Barnett and
Mary Barnett Jr. by M.L. Means Esqr their Guardian being in Court
here as well as Said plaintiff by his attorney and Said parties
being ready for trial as this term of the Court Said Cause by
consent of Said plaintiff and Said infants by their Said guardian
was Submitted to the Court without a Jury upon the petition
answering proof in the Cause The Court here doth find that sometime
in the year 1842 one Hugh Barnett now deceased purchased of one John
T. Woods the following described lands lying and being in the County
of St. Clair in the State of Missouri Known and distinguished as the
East half of the North West quarter of Section No. 26 in Township
No. 39 in Range No. 26 also the South West quarter of the North East
quarter of Section No. 26 Township 39 of Range 26 all containing 120
acres of land the Court here further finds from the Evidence that
the Said Hugh Barnett deceased in his lifetime gave by
Page 503:
April Term AD 1855
way of advancement to William Barnett the plaintiff in this Suit
previous to the month of November AD 1852 Said tracts of lands and
told Said plaintiff to take possession of the Same that he would
make a deed to him for the Same and that Said plaintiff relying upon
the promise of Said Hugh Barnett deceased who was the father of Said
plaintiff he Said plaintiff took possession of said tracts of land
with the knowledge and consent of the Said Hugh Barnett deceased and
made valuable and lasting improvements thereon during the lifetime
of his said father who had a Knowledge thereof and kept possession
thereof until the death of the Said Hugh Barnett deceased in
February AD 1854 when the Said Hugh Barnett deceased died without
having made to Said plaintiff a deed of conveyance of Said land as
the Court from the Evidence finds he intended to do or otherwise
vest him with the title by his last will but that that it was not
done by forgetfulness or mistake at the time he made his last will
and testament In consideration of the premises all the right title
interest & claim that the said Hugh Barnett deceased had in and to
Said tracts of land at the time of his death he conveyed to and
virtue in plaintiff free and clear of all right title Claim interest
or demands of Said Defendants in or to Said lands as heirs at law or
under the last will & testament of the said Hugh Barnett deceased or
otherwise and that Said plaintiff have and hold Said tracts of land
as his own Sole and Seperated property to himself as heirs and
assigns forever and that Said plaintiff pay the Costs of this Suit
and the opinion of the court in accordance herewith is filed herein.
Clarissa Stewart, Joshua W. Ellis and Penelope Ellis – Plaintiffs
against
Daniel Stewart, James Stewart, Susan Stewart (alias) Susan Corbin,
William Stewart, and Stephen Stewart and Andrew F. Corbin –
Defendants
Civil Action for Partition and sale of Real Estate
Now at this day comes again
Page 504:
April Term AD 1855
here into court the Said plaintiff by their attorneys and it being
Shown to the Court here that Defendants James Stewart, Susan Stewart
alias Susan Corbin, William Stewart and Stephen Stewart had been
duly notified of the Commencement of this Suit and Served with
process more than twenty days before the Commencement of this term
of the Court and it being Suggested to the court that Said
Defendants James Stewart and William Stewart were infants under the
age of twenty one years the Court thereupon appointed Foster P.
Wright Esqr guardian ad litem of Said minors who being in Court
Consented to act and it further appearing to the Court here from the
record in this Case that Andrew F. Corbin who had entermarried with
Susan Stewart Since the Commencement of this Suit had Come into
Court here during the present term thereof and asked to be made a
party defendant to this Suit and it further appearing to the Court
that the order of Publication made by the Clerk of the St. Clair
Circuit Court in vacation notifying Daniel Stewart a non resident of
the State of Missouri of the Commencement of this Suit had been duly
published in the South West Democrat a newspaper published in the
City of Warsaw County of Benton and State of Missouri for Eight
consecutive weeks the last insertion made being more than four weeks
before the commencement of this Said Term of this Court Said order
of publication requiring said nonresidents defendants to be and
appear before the Judge of this Court at the present term thereof
and to answer or demur to the petition of plaintiff on or before the
third day of the present term and the Said Defendants though three
times Solemnly Called Came not but made default and the said Foster
P. Wright Guardian adlitem for the aforesaid minors and being ready
for trial and Consenting thereto the Cause was Submitted to the
Court upon the petition of plaintiff and testimony introduced by
plaintiff and from Said testimony aforesaid it was proved to the
Satisfaction of the Court here that plaintiff and defendant were the
Sole owners and tenants
Page 505:
April Term AD 1855
in common of the following described real Estate Situated in St.
Clair County Mo. to wit “East half South West qr of Section No. 13
in Township No. 37 of Range No. 25 Containing 80 acres and also the
North East quarter of the North East quarter of Section No. 23 in
Township No. 37 of Range No. 25 Containing 40 acres all making 120
acres of land and the Court here doth find that Clarissa Stewart one
of the plaintiffs is entitled to one third of Said real Estate for
and during her natural life and that Penelope Ellis (wife of Joshua
W. Ellis), Susan Stewart now Susan Corbin (and wife of Andrew F.
Corbin), Daniel Stewart, James Stewart, William Stewart and Stephen
Stewart children and heirs at law of James Stewart dec’d are each
entitled to one undivided Sixth part of said real Estate Subject to
the dower interest of Said Clarissa Stewart it further appearing to
the Court here from the testimony in the Cause that from nature and
quality of the real Estate aforesaid and the number of the owners of
Said real Estate that it cannot be divided without great prejudice
to the owners It is therefore in consideration of the previous
ordered adjudged and decreed by the Court here that the aforesaid
real estate be offered for Sale to the highest bidder by the Sheriff
of St. Clair County Missouri at public Auction at the Court house
Door in the town of Osceola St. Clair County Missouri according to
law and upon the following terms to wit 15 per cent cash down and
the remainder on twelve month Credits the purchasor giving bond with
approved Security and that after payment of all costs of this Suit
one third of the proceeds of the Sale of Said Cause Shall be levied
out and the interest thereof annually paid over to Clarissa Stewart
for and during her natural life and the remainder to be divided and
paid over equally to the Said Penelope Ellis, Susan Corbin, Daniel
Stewart, Stephen Stewart, William Stuart & James Stuart according to
their respective rights as herein before ascertained by the Costs
here & after the death of Said Clarissa Stewart the amount levied
out to be
Page 506:
April Term AD 1855
paid over in equal parts to the aforesaid children of James Stewart
dec’d That Waldo P. Johnson be allowed fifteen Dollars as his fee
for Services rendered as an attorney in this Cause to be taxed and
paid as other Costs And the opinion of the court in accordance
herewith is filed herein.
Charles M. Baynham – Plaintiff
against
Joseph Baynham, Elizabeth Blanet, Tabitha Drinkard & Blanch Drinkard
– Defendant
Civil Action for partition and sale of lands
Now at this day comes the plaintiff by his attorney and the Said
Defendants though three times Solemnly called comes not but make
default and it being proved to the Satisfaction of the Court that
the order of publication made in vacation requiring all of Said
defendants (they being nonresidents of the State of Missouri) to be
and appear before the Judge of this Court at the present term
thereof and to answer or demur to Said petition on or before the
third day of said Term had been published for Eight consecutive
weeks in the South West Democrat a newspaper published in the City
of Warsaw County of Benton in the State of Missouri the last
insertion made being more than four weeks before the first day of
this term and it appearing to the Court from the petition and
testimony Submitted by the plaintiff in this Cause that the
plaintiff and defendants are the Sole owners of the following
described real Estate Situated in St. Clair County Missouri to wit
“The S.E. qr and the E ½ of the SW qr of Sec. 6 Town 37 of Range 24
and the NW qr of the NE qr and the NW qr of the SE qr and the W ½ of
the NW qr and the SE qr of the NW qr of Sec. 7 Town 37 of Range No.
24 all Containing 440 acres more or less Situated in the County of
St. Clair and State of Missouri that the plaintiff Charles M.
Baynham is the owner of and entitled to four Sevenths of Said real
Estate that Joseph Baynham & Elizabeth Blane are each entitled to
one Seventh of said real Estate and that Tabitha Drinkard wife of
Blanch Drinkard is entitled
Page 507:
April Term AD 1855
to one Seventh of Said real Estate and it further appearing to the
Court from the evidence on the cause that Said real estate Cannot be
divided and partitioned among the parties entitled thereto without
great prejudice to the owners It is therefore considered by the
Court here that the prayer of Said petitioner ought to be granted
and the real estate above described Sold and the proceeds of Said
Sale divided among the parties to this Suit in the following
proportions to wit four Sevenths of the proceeds of said real Estate
to Charles M. Baynham and one Seventh to each of the following named
defendants to wit Joshua Baynham, Elizabeth Blane and Tabitha
Drinkard It is therefore ordered adjudged and decreed by the Court
here that the Sheriff of St. Clair County Shall proceed to sell to
the highest bidder at public auction all the lands and real Estate
above described and mentioned in the petition at the Court house
door in the Town of, Osceola County of St. Clair and State of,
Missouri according to law and upon the following terms to wit ten
per cent of the purchase money in Cash down and twelve months Credit
to be given upon the remainder the purchaser giving bond with
affirmed Security and it is further ordered that Waldo P. Johnson be
allowed the Sum of twenty five Dollars as an attorneys fee in this
Cause to be taxed and paid as other Costs and that after deducting
the Costs Charges and Expenses of this Suit and of the Taxes of Said
bond that the proceeds of the Sale of Said lands be divided among
and between the parties to this Suit according to their respective
rights as herein before ascertained and the opinion of the court in
accordance herewith is filed herein.
George W. Estes, Johnson Estes, Sythy Boring, Nancy Estes & John
Estes – plaintiffs
against
Robert S. Estes, John A. Estes, Middleton Estes & Elizabeth Estes –
defendants
petition for partition and Sale of land warrant 47.675 being for 40
acres of land
Now at this day comes again here into court Said plaintiff by their
attorney and
Page 508:
April Term AD 1855
it being Shown to the Court here by the Return of the Sheriff of
said county that Elizabeth Estes have been duly served with process
of this Court by reading the petition and sent to her on the 4th day
of April AD 1855 and delivery to her a copy of the petition and writ
Issue in this cause in the County of St. Clair aforesaid and more
than fifteen days before the first day of the present term of this
Court and it being proven to the Court here that the notice ordered
to be published in the “Osceola Independent” a newspaper printed and
published in the town of Osceola in Said County Eight weeks
consecutively the last insertion being more than four weeks before
first day of the present term of this Court according to the order
of the Clerk of this Court made in vacation has been published
according to the Statute in Such cases made and provided notifying
Robert S. Estes, John A. Estes and Middleton Estes of the general
nature and deed of Said petition (they being nonresidents of the
State) and it being Suggested to the Court here that the Said Robert
F. Estes, John A. Estes and Middleton Estes are infants within the
age of twenty one years the Court here appointed F.P. Wright Esqr
guardian ad litem for Said infants and the Said Elizabeth Estes
having failed to file any answer to Said petition whereby Said
Action as to her remains undefended and the Said Elizabeth being
three times Called Comes not but makes default and the Said Robert
S. Estes, John A. Estes & Middleton Estes having failed to file
their answer by their Said guardian or otherwise whereby Said action
as to them also remains undefended and the said guardian being in
Court here as well as Said plaintiff, by their attorney, Said cause
Coming on to be heard upon the petition and proof the Court here
doth find that in the month of April AD 1853 one Spencer Estes late
of Said County departed this life and at the time of his death was
the owner of a land warrant Issued by the United States to him Said
warrant being dated the 27th day of March AD 1852 and numbered
47.675 for forty acres of land and Issued under the act of Congress
of September 25th 1850 entitled an act granting bounty land to
Certain officers & Soldiers who have been engaged in military
Service of the United States which
Page 509:
April Term AD 1855
Said land warrant is now to the Court here shown and is Signed by
J.E. Heath commissioner and Sealed with “the Department of the
Interior” and the Court here doth further find that the Said Spencer
Estes at the time of his death left a widow to wit Elizabeth Estes
one of Said defendants who is entitled to dower in Said land warrant
being one third of the land if Said Warrant had been located for and
during her natural life or the interest upon one third of the
proceeds of the Sale of Said warrant for and during her natural life
of the Same Should be Sold and the Court further finds that the Said
Spencer Estes deceased at the time of his death left three Sons and
two daughters to wit George W. Estes, Spencer Estes Jr., John Estes,
Nancy Estes and Scythy Boring and each of whom is entitled to one
Sixth Each of Said land warrant or of the proceeds of the Sale
thereof Subject to the widows dower aforesaid and the Court doth
further find that the Said Spencer Estes deceased left one grand
child to wit: Middleton Estes Son of, Anna Estes a deceased daughter
of the Said Spencer Estes deceased and that Since the death of the
Said Spencer Estes deceased one of his Sons to wit John Estes has
departed this life leaving two Children to wit John A. Estes and
Robert J. Estes who are Jointly entitled by law to their deceased
fathers share to wit One Sixth of Said Warrant and that plaintiff
and defendants are the only persons who have any interest on said
land warrant for consideration of the premises the Court here doth
order adjudge and decree that partition of said land Warrant or the
proceeds of the Sale thereof be made Among and between the parties
plaintiffs and defendants in this Suit according to the respective
rights and it appearing to the Court here from the evidence that
because of the number of the owners of Said Warrant and nature
thereof that partition thereof Cannot be made without great
prejudice to Said owners being the parties to this Suit It is
therefore ordered adjudged and decreed by the Court here that Said
land Warrant be Sold by the Sheriff of Said County to the highest
bidder for Cash in hand at the Court house door in said County on
the first day of the next term of the
Page 510:
April Term AD 1855
Court and whilst Said Court is in Session this Said Sheriff being
the proper officer and authorized by law to Sell the Same and that
he maked proper assignment of the Same to fee is Chosen thereof free
and clear of all Claims of the parties to this Suit and that after
paying all the Costs Charges & Expenses of this Suit and of Said
Sale that he retain one third of the proceeds of the Sale of Said
warrant in his hands for the use of the Said Elizabeth Estes until
the further order of this Court the interest of which Shall be paid
to her annually for and during her natural life and after her death
to be divided and paid to the parties to this Suit in proportion to
their rights and interests as herein before ascertained and that the
others two thirds of the proceeds of Said Sale be divided and paid
by Said Sheriff among and between & to the other parties to this
Suit (Except Said widow) in proportion to their rights and interest
as herein before ascertained and that one attorney fee be allowed in
this Cause as other Costs to the amount of ten dollars And the
opinion of the court in accordance herewith is filed herein.
Samuel V. Shaylor & Margaret Slaylor his wife – plff
against
Thomas Shaylor and Sarah J. Shalor his wife, Joseph Reed, Isaac B.
Reed, Lucinda Reed, John Reed and Margaret A. Reed
Civil Action for partition & Sale of real Estate
Now at this day Comes the Said plaintiffs by their attorney at it
appearing to the Court that all of Said defendants have been duly
Summoned and notified of the proceeding of this Suit more than
twenty days before the Commencement of this term of the Court and
the said Joseph Reed, Isaac B. Reed, Lucinda Reed, John Reed and
Margaret Reed being infants under the age of twenty one years &
therefore the Court doth appoint George Preston guardian adlitem for
Said infants and the Said George Preston being this day present in
Court doth accept Said appointment of guardian adlitem aforesaid and
the Said defendants having failed to answer
Page 511:
April Term AD 1855
plaintiffs petition and this Cause coming on to be heard the Same is
Submitted to the Court for trial and the Court having heard the
evidence herewith doth find that Said John Reed of the County of St.
Clair in the State of Missouri deed Seized and possessed of one
undivided half of the NE fractional qr of the NE quarter of Section
32 T37 of Range 26 containing 36 46/100 acres Also the NW fractional
qr North of Sac River in Sec. 34 T37 R26 containing 126 70/100 acres
being in all 163 24/100 acres and all Situated in Said County of St.
Clair and State of Missouri And the Court further finds that Said
Samuel V. Shaylor has since the death of Said John Reed dec’d
purchased the other undivided half of Said land of one Joseph Reed
and Benjamin J. Reed then the legal owners thereof and is now the
owner of Said other undivided one half thereof And the court further
finds that the Said John Reed deceased at the time of his death left
a widow by name Margaret Reed who had since enter married with Said
Samuel V. Shaylor and is now his wife and one of Said plaintiff and
as Such widow of Said John Reed is entitled to one third part of
Said undivided half of which Said John Reed dec’d Seized of Said
land to have and hold for and during her natural life And the Court
doth further find that the Said John Reed left at the time of his
death the Said Sarah J. Reed who has Since entermarried the Said
Thomas Shaylor and the Said Joseph Reed, Isaac B. Reed, Lucinda
Reed, John Reed and Margaret A. Reed his children and only heirs who
are each entitled to one sixth part of Said undivided half of Said
land which Said John Reed dec’d Seized as aforesaid after deducting
Said widows dower and that Said plaintiffs and defendants are the
only Claimants to Said land & hold the Same or tenants in Common And
the Court being Satisfied that owing to the nature & Situation of
Said land and the number of the owners thereof partition cannot be
made thereof without great prejudice to Said owners It is therefore
Considered by the court that Said land be sold pursuant to law by
the Sheriff of Said St. Clair County for twenty per cent Cash in
hand and the other portion a Credit of twelve months the Said
Sheriff making a bond for Security and the aforesaid thereof after
payment of
Page 512:
April Term AD 1855
the cost of this proceeding Shall be paid over to the parties
aforesaid according to their respective rights that is to say to the
Said Samuel V. Shaylor the one half thereof and to the Said Margaret
Shaylor the one third part of the remaining half thereof to have and
to hold, the Same for and during her natural life to be loaned out
at interest and the interest thereof to e paid to her annually
instead of Said principal and that the balance of Said remaining
half after deducting Said widows dower be equally divided between
the Said Sarah J. Shaylor, Joseph Reed, Isaac B. Reed, Lucinda Reed,
John Reed and Margaret A. Reed and that Waldo P. Johnson be allowed
the Sum of fifteen dollars as his attorney fee to be taxed as other
Costs in this cause and it is further ordered by the Court here that
after the death of Said Margaret Shaylor the amount Set apart for
her benefit be paid over in equal parts to Sarah V. Shaylor, Joseph
Reed, Isaac B. Reed, Lucinda Reed, John Reed and Margaret Reed
according to their respective rights as herein before ascertained
And the opinion of the court in accordance herewith is filed herein.
William McDonald and Enly McDonald his wife, Mary E. Gash by her
guardian William McDonald and Mitchell E. Gash – Plaintiffs
against
William McDonald Jr., Enly C. McDonald, William P. Stow, Martha E.
Stow and Mary Gash – Defendants
Civil Action for Partition and Sale of real Estate
Now at this day comes again here into Court the Said Plaintiff by
their attorney and it being Shown to the Court here by the return of
the Sheriff of St. Clair County Mo. that William T. Stow and Martha
E. Stow have been duly Served with process in this Cause more than
20 days before the first day of this term of this court and it being
further Shown to the Court here by the return of the Sheriff of
Cedar County Mo. that Mary Gash, William McDonald Jr. and Enly
McDonald
Page 513:
April Term AD 1855
have been duly Served with process in the Case more than 20 days
before the first day of this term of the Court and it being
Suggested to the Court here that William McDonald Jr., Enly C.
McDonald, Martha E. Stow and William T. Stow defendants in this Suit
were infants under the age of twenty one years the court thereupon
appointed George Preston Guardian adlitem for Said infants
Defendants and the Said George Preston being in Court Consented to
act and the plaintiffs being ready for trial and the said George
Preston Guardian adlitem also being ready for trial and the Said
Deft Mary Gash being three times Solemnly Called Comes not but made
default the Cause was thereupon Submitted to the Court upon the
petition of plaintiff and the testamony introduced by plaintiff and
it being proved to the Satisfaction of the Court here that
plaintiffs and Defendants were the Sole owners and tenants in common
of the following described real Estate Situated in the County of St.
Clair and State of Missouri to wit: “The South East qr of Section
No. 9 in Township No. 37 of Range No. 25 containing 140 acres and
the Court doth further find that Enly McDonald one of the plaintiffs
is entitled to one Seventh of the real Estate aforesaid that Mary
Elizabeth Gash and Mitchell E. Gash both plaintiffs in this Suit and
each entitled to one Seventh of the real Estate aforesaid that Mary
Gash one of the Defendants is entitled to two Sevenths of the real
Estate aforesaid that William McDonald Jr., Enly C. McDonald,
William T. Stow and Martha E. Stow all four Defendants are each
entitled to one fourteenth part of the real Estate aforesaid and it
further appearing to the Court here from the testimony in the Cause
that from the nature and quantity of the aforesaid real estate and
the number of the owners thereof that it cannot be divided without
great prejudice to the owners It is therefore in Consideration of
the premises ordered adjudged and decreed by the Court here that the
aforesaid real estate be sold and the Same be offered for Sale to
the highest bidder by the Sheriff of St. Clair County Missouri at
public auction at the Court house Door in the Town of Osceola St.
Clair County Missouri
Page 514:
April Term AD 1855
according to law and upon the following terms to wit 20 per Cent of
the purchase money cash in hand and the remainder of twelve months
Credit the purchaser giving bond with good Security and that after
payment of all the Costs of this Suit the remainder to be paid over
to the parties to this Suit according to their respective rights as
found by the Court here and above Set forth in this Judgment And it
is further ordered by the Court here that Waldo P. Johnson be
allowed the Sum of Fifteen Dollars for his services as attorney in
this cause to be taxed and paid as other Costs And the opinion of
the court in accordance herewith is filed herein.
Finas Anderson and Melsina Anderson his wife, Elizabeth Anderson by
her Guardian Theodrick Snuffer, James Anderson by his guardian Wm.
S. Anderson, Riley Anderson by his guardian Oscar F. Keller and
William H. Trolinger – Plffs
vs
John Laxton, Nancy Laxton, James Gilmore & Sarah Gilmore his wife,
Randolph Whitley and Susanah Whitley his wife, Nancy Revis, Martha
Revis, Ellen Revis, Elvira Revis, Druzilla Revis, Benton Revis and
Edward Revis – Defend’ts
Now at t his day comes again here into court Said plaintiff by their
attorney and it appearing that legal process had been served on said
defendants at least four weeks before the last October Term of this
court * and it appearing that Martha Revis, Ellen Revis, Elvira
Revis, Druzilla Revis, John Laxton and Nancy Laxton were also served
with process four weeks before the October Term of this court and
that Said last named parties are infants under the age of twenty one
years the court hereby appoints William H. Otter Guardian adlitem
for Said infants who being now in court and herein consents to the
act as such Guardian and who files his answer and for Said infants
Says he has no knowledge of the matters Set forth in Said petition
but demands proof of the same the court after hearing the
allegations and proof of the parties find that sometime in the year
1842 Edward Revis made and
[written in left hand margin:] * and having failed to file any
answer and being three times Solemnly called comes not but makes
default whereby Said action as to them remains undefended
Page 515:
April Term AD 1855
executed a deed to one Samuel Anderson for the W ½ of the W ½ of the
NW qr of section No. 9 Town 37 Range 27 containing forty acres and
the court further finds that Since the execution and delivery of
Said deed Samuel Anderson departed this life leaving the following
named children and heirs at law William S. Anderson, Melsina
Anderson who has Since entermarried with Finas Anderson, Elizabeth
Anderson an infant under the age of Twenty one years by her guardian
Theodrick Snuffer, James Anderson an infant under the age of twenty
one years by his guardian Wm. S. Anderson and Riley Anderson by his
guardian Oscar F. Keller the court doth further find that Since the
death of Said Samuel Anderson his Son William S. Anderson has Sold
and Conveyed by deed his undivided interest in Said land to Wm. H.
Trolinger and the court doth further find that Since Said conveyance
of Edward Revis to Said Samuel Anderson the Said Edward Revis has
departed this life leaving the following named persons children and
heirs at law to his said estate Warren Revis who had Since Sold and
conveyed his undivided interest by deed to Randolph S. Whitley,
Edward Revis who has Sold his undivided interest in Said real estate
to Randolph Whitley and Mildred Laxton late Mildred Revis who
entermarried with Pascal Laxton by him She had the following named
children Sarah Gilmore late Sarah Laxton who has since entermarried
with James Gilmore, John Laxton and Nancy Laxton infants under the
age of Twenty one years of age and Light Revis who has since
departed this life leaving a widow Susannah Revis who has Since
entermarried with Randolph Whitley the Said Light Revis left the
following named children and heirs at law to his estate Nancy Revis
and Martha Revis, Ellen Revis, Elvira Revis, Druzilla Revis, Benton
Revis and Edward Revis infants under the age of Twenty one years and
the Court further finds that at the time Edward Revis deceased made
and executed the deed aforesaid to Samuel Anderson that the Said
Edward Revis had no title nor has he since acquired any title to the
above described tract of land and that Said land was at the time of
making the deed aforesaid and has ever since belonged to the
Government of the United States and
Page 516:
April Term AD 1855
is Still public land Subject to be entered by any person and the
court further finds that Said deed So executed as aforesaid was made
and executed through mistake and the Said Edward Revis intended and
Supposed he was conveying the W ½ of E ½ of NE qr of Section 9 Town
37 Range 27 Containing fort acres which Said last described land was
deeded to the Said Edward Revis and which he declared he was
conveying to Samuel Anderson but through mistake in the words west
instead of East and NW qr instead of NE qr attempted to convey to
Said Samuel Anderson (and which he never claimed and over which he
never exercised executed ownership) and Said Court further finds
that Since the conveyance of Said Edward Revis to Said Samuel
Anderson he has Since frequently asserted and declared that he had
conveyed the W ½ of E ½ of NE qr of Section 9 Town 37 Range 27
containing forty acres to Samuel Anderson for Consideration of the
premises the Court here doth order adjudge and decree that all right
title interest Claim and demand that Edward Revis deceased had in
his lifetime on and to the west half of the East half of the North
East quarter of Section No. Nine in Township Thirty Seven and Range
twenty Seven containing forty acres and the Same is hereby vested in
Said plaintiff their heirs and assigns for ever free and clear of
all right title interest claim and demand of said defendants and
each of them either in law or Equity and that Said plaintiff pay the
Costs of this Suit And the opinion of the court in accordance
herewith is filed herein.
Waldo P. Johnson – plaintiff
against
Ebenezar B. Ball and William F. Willett – Defendants
Civil Action for recovery of money and attachment of land
Now at this day comes again into Court here the plaintiff and
dismisses this Suit as to the defendant William F. Willett and the
Defendant Ebenezar B. Ball though three times Solemnly Called comes
not but made default and it being proved to the Satisfaction of the
Court here that the order of publication made at the
Page 517:
April Term AD 1855
last term of this court has been duly published in the South West
Democrat a newspaper published in the City of Warsaw Benton County
in the State of Missouri for eight weeks Successively the last
insertion being more than four weeks before the first day of the
last term of this Court * and the plaintiff have and recover of Said
defendant Ebenezor B. Ball the sum of One hundred and Thirty four
Dollars and ten Cents found as aforesaid together with his costs and
charges in this behalf laid out and expended and it appears to the
Court here from the return of the Sheriff of St. Clair County
Missouri that the following real estate Situated in Said County and
State to wit: The E ½ of the South East ¼ of Section No. 24 of
Township No. 37 of Range No. 27 Containing 80 acres also lot No. 2
North West frl qr of Section No. 30 of Township No. 37 of Range No.
26 Containing 83 56/100 acres also the South West frl qr of Section
No. 19 Township No. 37 of Range No. 26 Containing 163 68/100 acres
and also the South qr of the NE qr of Section No. 30 in Township No.
37 of Range No. 26 Containing 80 acres all making 407 24/100 acres
has been attached by said Sheriff upon the writ issued in this cause
at the property of Ebenezor B. Ball the Defendant in this Case and
that notice of the levy of said attachment had been given to Andrew
J. Nichols the actual tenant in possession In consideration of the
premises it is ordered by the Court here that a Special fiere facias
issue in this cause directed to the Sheriff of St. Clair County
State of Missouri and that he be required to Sell the above
described attached property or somuch thereof as may be necessary to
pay off this judgment and costs.
[Written in left hand margin:] * not requiring a Jury the case was
submitted to the court upon the petition and testimony offered by
plaintiff and it being proved to the Satisfaction of the court here
that the defendant Ebenezor B. Ball is indebted to plaintiff in the
sum of one hundred and thirty four dollars & ten Cents for the
remainder due on promissory Note filed in this cause It is therefore
considered by the court here that the plaintiff
Calvin Waldo – Plaintiff
against
Ebenezar B. Ball and William F. Willett – Defendants
Civil Action for recovery of money and attachment of land
Now at this day comes again into Court here the plaintiff and
dismisses this suit as to the defendant William F. Willett and the
defendant Ebenezor B. Ball though three times Solemnly called comes
not but made default and it being proved to the Satisfaction of the
Court here that the order
Page 518:
April Term AD 1855
of publication made at the last term of the court has been duly
published in the South West Democrat a newspaper published in the
City of Warsaw Benton County in the State of Missouri for eight
weeks Successively the last insertion being more than four weeks
before the first day of this term of this Court and the plaintiff
not requiring a Jury this Cause was submitted to the Court upon the
petition and testimony offered by plaintiff and it being proved to
the Satisfaction of the Court here that the Defendant Ebenezor B.
Ball is indebted to the plaintiff in the Sum of One hundred & four
Dollars & ten cents for the remainder due on promissory note filed
in this cause It is therefore considered by the Court here that the
plaintiff have and recover of said Defendant Ebenezor B. Ball the
Sum of One hundred and four Dollars and Ten cents found as aforesaid
together with his costs and charges in this behalf laid out and
expended and it appearing to the Court here from the return of the
Sheriff of St. Clair County Missouri that the following real Estate
Situated in said county and State to wit: “The East ½ of the South
East ¼ of Section No. 24 of Township No. 37 of Range No. 27
Containing 80 acres also Lot No. 2 North West frl qr of Section No.
30 of Township No. 37 of Range No. 26 Containing 85 56/100 acres
also the South West frl qr of Section No. 19 Township No. 37 of
Range No. 26 Containing 163 65/100 acres and also the South ½ of the
North East qr of Section No. 30 in Township No. 37 of Range No. 26
Containing 80 acres all making 407 24/100 acres has been attached by
said Sheriff upon the writ issued in this case and that notice of
the levy of said attachment had been given to Andrew J. Nichols the
actual tenant in possession In consideration of the premises it is
ordered by the Court here that a Special fiera facias issue in this
Cause directed to the Sheriff of St. Clair County State of Missouri
and that he be required to Sell the above described attached
property or so much thereof as may be necessary to pay off this
Judgment and costs.
Page 519:
April Term AD 1855
Joseph W. Cox & John T. McClain – Pltffs
vs
Ebenezor B. Ball & William F. Willett – Defts
Civil action for Recovery of money and attachment of Land
Now at this day comes again into Court here the plaintiff and
dismisses this Suit as to the Defendant William F. Willett And the
Defendant Ebenezer B. Ball though three times Solemnly Called come
not but made default and it being proved to the Satisfaction of the
court here that the order of publication made at the last term of
this Court has been duly published in the South West Democrat a
newspaper published in the City of Warsaw Benton County in the State
of Missouri for eight weeks Successively the last insertion being
more than four weeks before the first day of this term of this Court
and the plaintiff not requiring a jury this Cause was Submitted to
the Court upon the petition and testimony offered by plaintiff and
it being proved to the Satisfaction of the court here that the
Defendant Ebenezar B. Ball is indebted to plaintiff in the Sum of
Five hundred & forty six Dollars & seventy eight cents for the
remainder due on promissory note filed in this Cause It is therefore
ordered by the Court here that the plaintiff have and recover of
Said Defendant Ebenezer B. Ball the Sum of Five hundred and forty
six dollars and Seventy eight cents So found as aforesaid together
with their costs and charges in this behalf laid out and Expended
and it appearing to the Court here from the return of the Sheriff of
St. Clair county Missouri that the following real Estate Situated in
Said county and State to wit The East ¼ of the South East ¼ of
Section No. 24 of Township No. 37 of Range No. 27 Containing 80
acres also lot No. 2 North West frl qr of Section No. 30 of Township
No. 37 of Range No. 26 Containing 83 56/100 acres also the South
west frl qr of Section No. 19 Township No. 37 of Range No. 26
Containing 163 68/100 acres and also the south ½ of the North East
qr of Section No. 30 in Township No. 37 of Range No. 26 Containing
80 acres all making 407 24/100 acres has been attached by said
Sheriff upon the writ issued in this case as the property of
Ebenezor B. Ball the Defendant in this case and that
Page 520:
April Term AD 1855
notice of the levy of Said attachment had been given to Andrew J.
Nichols the actual tenant in possession. In consideration of the
premises It is ordered by the court here that a Special fiere facias
issue in this cause directed to the Sheriff of St. Clair county
State of Missouri and that he be required to sell the above
described attached property or so much thereof as may be necessary
to pay off this Judgment and Costs.
James C. Motley – Plaintiff
against
Pendleton A. Motley – Defendant
Civil Action for recovery of money and attachment of land
Now at this day comes again into Court here the plaintiff and the
Defendant though three times Solemnly Called comes not but made
default and it being proven to the Satisfaction of the court here
that the order of publication made at the last term of this court
has been duly published in the South West Democrat a newspaper
published in the city of Warsaw Benton County in the State of
Missouri for eight weeks Successively the last insertion being more
than four weeks before the first day of this term of this court and
the plaintiff not requiring a Jury this Cause was submitted to the
court upon the petition and testimony offered by plaintiff and it
being proved to the Satisfaction of the Court here that the
Defendant is indebted to plaintiff in the Sum of one hundred and
ninety Dollars and Ninety Three cents on two promissory notes It is
therefore considered by the court that the plaintiff recover of the
Defendant Said Sum of $190.93 so found as aforesaid together with
his costs and charges in this behalf, laid out and Expended and it
appearing to the court here from the return of the Sheriff of St.
Clair County Missouri that the following real Estate Situated in
Said County and State to wit: the north West quarter of Section No.
20 in Township No. 38 of Range No. 26 Containing 160 acres and the
South West quarter of the South West quarter of Section No. 17 in
Township No. 38 of Range No. 26 Containing 40 acres making in all
200 acres which has been attached by Said Sheriff upon
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April Term AD 1855
the writ issued in this case as the property of, Pendleton A. Motley
the Defendant in this case and that notice of the levy of Said
attachment had been given to James C. Motley the actual tenant in
possession. In consideration of the premises it is ordered by the
court here that a Special fieri fucious issue in this Cause directed
to the Sheriff of St. Clair County State of Missouri and that he be
required to Sell the described attached property or So much thereof
as may be necessary to pay off this Judgment and costs.
State of Missouri
vs
Marcellus J. Harris
Indictment for Murder
Now at this day comes John F. Weidemeyer, John T. McClain, Richard
C. Vaughan and acknowledge themselves Severally indebted to the
State of Missouri in the Sum of Fifty dollars each to be levied of
their respective goods and chattels lands and tenements to be
rendered void upon condition that they each respectively make their
personal appearance before the judge of this court at the Court
house in the Town of Osceola on the first day of the next term of
said court which commences on the fifth Monday after the fourth
Monday in September next to give evidence on the part of the State
of Missouri in an indictment against Marcellus J. Harris for Murder
and not depart the Court without leave.
State of Missouri
vs
William T. Matlock
Failing to appear before Grand Jury as witness
Now at this day comes the Said William T. Matlock in his own proper
person and It appearing to the Court that he was duly Summoned to
appear before the Grand Jury as a witness at the last Term of this
Court but failed to appear and give evidence before Said Grand Jury
And he having been duly Summoned to appear at this term
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April Term AD 1855
of this court and Show cause for said failure if any he could and he
having failed to show to the Court any Sufficient Cause for said
failure It is considered by the court that A Fine of the Sum of Five
Dollars be assessed against him the Said William T. Matlock And that
The State of Missouri recover against Said William T. Matlock the
Said Sum of $5 for her fine so assessed by the court as aforesaid
together with her costs in this behalf And that Execution Issue
therefor and that Said Defendant render himself in Execution.
State of Missouri
vs
Abasha Starky and John Starky
On Forfeiture of Recognizance
Now at this day Comes the circuit attorney who prosecutes for the
State of Missouri in this behalf And the Said Defendants by their
attorneys Waldo P. Johnson and William A. McClain comes into court
here And by agreement of the said parties This cause is by the court
ordered to be dismissed at the costs of the said defendants.
It is therefore considered by the court that the said State of
Missouri recover against the said Defendants her costs and charges
in this behalf laid out and Expended and that Execution Issue
therefor.
State of Missouri
vs
William T. Matlock
Contempt of court
It is ordered by the court that the Sum of Fifteen Dollars be
remitted on the fine assessed by this court for the Sum of $25. on
Monday last for a contempt of court.
Jefferson B. Allgood
vs
Jacob V. Dale
Civil Action
Now at this day comes again here into Court Said parties by their
attorneys and for and in consideration that said Plaintiff remits
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April Term AD 1855
the Sum of twenty five dollars of the Judgment in this Case the
Defendant agrees that he will take no appeal from Said Judgement or
prosecute a writ of Error upon the Same but that the Same Shall
Stand and Said plaintiff remits Said Sum of twenty five dollars
according to Said Agreement which is to be entered as a credit upon
said Judgement or any execution that may issue thereon.
Ordered that Court adjourn until Court in Course. De Witt C. Ballou
Circuit Judge
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