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St. Clair County Circuit Court
Microfilm Transcripts
APRIL TERM 1865
Page 22:
April Term 1865
1st day Regular April Term AD 1865 17th inst
At a Circuit Court began and holden in the Courthouse in the Town of
Osceola within and for the County of St. Clair and State of Missouri
On the Monday the 17th day of April AD 1865
Present, Hon. Burr H. Emerson, Judge
C.B. Starkey Clerk
B.G. Roberts Sheriff
David P. Shield, Cir attorney
The Sheriff of St. Clair County returned into Court the list of
Jurors by him Summoned to this Term of the Court As follows;
From Osceola Township – James Cole, Mayfield Hoshard, John J. Scott,
Alexand Walker, Guilford P. Park, Henry Denny, Thomas A. Peebly,
Christian Hoover, Bethnel Hendricks, John Burnsides, Hugh B. Cole,
E.Y. McWilliams.
Washington Township – Wm. F. Thompson, James P. Gardner, John
Cochran, B. F. Cook, Sterling Cooper, Hin Rick Thompson, Noah
Graham, Wm. Dudley, Wm. Deshazo.
Monegan Township – David T. Short, Wm. Lewellen, Peter Cockerel,
James M. Hoover, Alfred Been, John Reed, George W. Short, John B.
Lewellen, James Elliott.
Polk Township – George E. Harlow, George W. Casey, Richard Looney,
Elisha Bridges, James Cauthon.
Speedwell Township – A.C. Copenhaver, James M. Preston, Abraham S.
Barker.
Jackson Township – David Walker, Thomas Robertson, Albert Sheton,
Lafayette Yuinch in presence of the Court And thereupon the Clerk of
the Court under the direction of the Court chose the names of the
Grand Jurors amongst the several Townships in the County of St.
Clair as follows;
Osceola Township – 4
Washington Township – 3
Monegaw Township – 3
Polk Township – 3
Speedwell Township – 2
Jackson Township – 2
Page 23:
April Term 1865
1st day Regular April Term AD 1864 17th inst
and under the direction of the Court then proceeded to draw for the
names of Persons to Compose the Grand Jury the number Apportioned to
each Township Respectively and the following names were severally
drawn to wit:
From Osceola Township – James Cole, Mayfield Hoshan, John J. S.
Cole, Alexander Walker, Guildford B. Park, Henry Denny
Washington Township – Wm. F. Thompson, B.F. Cook, Wm. Dudley
Monigaw Township – Wm. Lewellen, James W. Short, James Elliott
Polk Township – George E. Marlow, George W. Casey, Elisha Bridges
Speedwell Township – James M. Preston, Abraham S. Baker
Jackson Township – Albert Sheldon, Layfayatte Quinch.
Seventeen Good and lawful men who were duly Sworn and empanneled as
a Grand inquest for the State of Missouri, and for the body of the
County of St. Clair who after receiving their charge from the Court
retired to Consider of their presentments.
For good cause Shown to the Court it is Ordered by the Court that
John J. Scott be excused from further service as a juror at this
term of the Court.
Franklin Choice
vs
Jno. H. Choice
Civil Action on Account
Now at this day comes into Court Sennet H. Martin, by his attorney,
Administrator de Common, of the Estate of William Allen, by his
attorney, and leave being granted by Court files his Answer as
Attaching Creditor of Jno. H. Choice; And it appearing from the
affidavit of said Martin that he is not ready for trial on account
of the absence of Material witnesses; It is ordered by the Court
that this Cause be continued till the next term of this Court.
The Merchants Bank of St. Louis
vs
Wm. Lewellen, Jas. W. Blackeny, Thos. Rickey Adm’r of James Rickey
Now at this day comes the defendant Wm. Lewellen by his attorney and
by leave of Court files his separate answer to plaintiffs petition
in this cause.
Page 24:
April Term 1865
3rd day Regular April Term AD 1865 17th inst
The Merchants Bank of St. Louis
vs
Joshua Rickman Admr of Martin D. Turner & James M. Gillison
Civil Action on Note
Now at this day comes the Joshua Rickman, Administrator of the
Estate of Martin D. Turner, by his attorney, and by leave of Court
files herein his separate answer to plaintiffs petition.
Merchants Bank of St. Louis
vs
Elisha Cravens
Civil Action on Note
Now at this day comes the defendant Elisha Cravens and by his
attorney and by leave of Court files herein his answer to plaintiffs
petition.
Merchants Bank of St. Louis
vs
T. McBride, M.J. McBride Admr of Phillip McBride
Civil Action on Note
Now at this day comes into Court the defendant M.J. McBride Admr, by
his attorney, and by leave of Court files herein his answer to
plaintiffs petition.
Mary A. Earnest admr of Mary Allen
vs
King C. Allen, Wm. D. Allen
Civil Action on Bond
Now at this day comes into Court the plaintiff by her attorney, and
leave of the Court being granted, dismisses this cause at the Cost
of defendant, and leave is granted defendants to withdraw the Bond
sued on.
State of Missouri
vs
Wm. C. Reader, Jno. O. Smith, George Upton
Indictment for Robbery
Now at this day comes into Court the defendants, by their attorney
and by leave of Court files herein their motion to quash the
Indictment in this Cause, and the said Motion
Page 25:
April Term 1865
Regular April Term AD 1865. 19th inst
coming on to be tried, and being heard and fully understood by the
Court is amended, and the Cause continued by consent of parties till
the next Term of this Court.
State of Missouri
vs
Jacob Fleming
Indictment for Arson
Now at this day comes the Circuit Attorney, who prosecutes for the
State and on his application, this Cause is continued by the Court
till the next term of this Court.
State of Missouri
vs
Geo. Leonard
Indictment for Arson
Now at this day comes the State by her Circuit Attorney and applies
to the Court for a continuation of this Cause till the next term of
this, which application is granted.
Reuben Vaughn
vs
William Horris
Civil Action to enforce lien on Real Estate for Purchase Money
Now at this day comes Geo. S. Yeater, and being permitted by the
Court to Interplead in this Cause, files by his attorney his answer
in this Cause to plaintiffs petition.
State of Missouri
vs
Wm. Walker
Indictment for Grand Larceny
Now at this day comes into Court by his attorney, the defendant Wm.
Walker, and makes affidavit that he cannot safely go to trial on
account of the absence of Material witnesses, and asks the Court for
this reason to continue the Cause to the next Term of this Court,
which is granted.
Ordered that Court adjourn till tomorrow morning at Ten O Clock.
B.H. Emerson Cir Judge
Page 26:
April Term 1865
Thursday Morning April the 20th AD 1865
Court met at Ten O Clock A M in pursuance to adjournment. Present as
on yesterday.
Merchants Bank of St. Louis
vs
James Cole and F.M. Cole
Civil Action on Note
Now at this day comes one of the defendants James Cole, by his
attorney and by leave of Court files herein his motion to dismiss
this Cause as to said James Cole.
Merchants Bank of St. Louis
vs
James Cole and Wm. H. Murphy
Civil Action on Note
Now at this day comes one of the defendants to wit: James Cole, by
his attorney and by leave of Court files herein his motion to
dismiss this Cause as to said James Cole.
Merchants Bank of St. Louis
vs
James Cole, Jno. Dawson & Francis M. Cole
Civil Action on Note
Now at this day comes into Court by his attorney James Cole one of
the defendants, and by leave of Court files herein his motion to
dismiss Said cause as to said James Cole.
The Merchants Bank of St. Louis
vs
James Cole, James T. Cole & Francis M. Cole
Civil Action on Note
Now at this day comes in to Court by his attorney, The defendant
James Cole and by leave of Court files herein his motion to dismiss
this Cause as to said James Cole.
Merchants Bank of St. Louis
vs
F.M. Cole & James Cole
Civil Action on Note
Now at this day comes into Court by his attorney James Cole and by
leave of Court files herein his motion to dismiss this Cause as to
James Cole.
Page 27:
April Term 1865
Regular April Term AD 1865 To wit
State of Missouri
vs
Joseph Walker
Indictment for Violating Stray Law
Now at this day comes into Court, by his Attorney, the defendant and
makes affidavit that he cannot safely go to trial in this Cause on
account of the absence of Material witnesses, and asks the Court to
continue this cause to continue this cause till the next Term of
this Court, which is done.
Merchants Bank of St. Louis
vs
F. M. Cole & James Cole
Now at this day come the defendant F.M. Cole, by his attorney and by
leave of Court files herein his motion to dismiss this Cause as to
said defendant F.M. Cole.
State of Missouri
vs
Wm. N. Patterson
Indictment for Assault to Kill
Now at this day comes in to Court both the parties by their
attornies, and by Consent by consent of both parties the cause is
continued by the Court till the next term of this Cour.
State of Missouri
vs
Joseph S. Herndon
Indictment for Assault with Intent to Kill
Now at this day comes into Court the Circuit Attorney who prosecutes
for the State, and appearing from the return of the Sheriff of St.
Clair County that the defendant Joseph S. Herndon has not been
arrested it ordered that an alias Capias issue against said Joseph
S. Herndon.
State of Missouri
vs
W.S. Browning
Indictment for
Now at this day comes into Court the Circuit Attorney who prosecutes
for the State, and it appearing from the return of the Sheriff of
St. Clair County that the defendant Wm. L. Browning has not been
arrested it is ordered by the Court that an alias Capias issue
against defend.
Page 28:
April Term 1865
Regular April Term AD 1865. 20th inst
Merchants Bank of St. Louis
vs
Jno. F. Weidemeyer Admr of the Estate of Elisha H. Bell, Samuel
Moore
Civil Action on Note
Now at this day comes into Court by his attorney, the defendant
James Cole, ___ aforesaid one of the defendants, and by leave of
Court files here in his answer to plaintiffs petition.
The Merchants Bank of St. Louis
vs
Jno. H. Choice
Civil Action on Note
Jno. Reed
vs
Joseph Sloss
Civil Action on Note
Now at this day comes into Court by his attorney the plaintiff Jno.
Reed, and it appearing from his affidavit that he cannot safely go
to trial for want of material witnesses, it is ordered by the Court
that this Cause be continued till the next term of this Court at the
plaintiffs Cost.
The Merchants Bank of St. Louis
vs
George W. Short
Civil Action on Note
Now at this day comes the plaintiff by his attorney and by leave of
Court files motion to Strike out answer of defendant.
The Merchants Bank of St. Louis
vs
Phillip McBride, N.B. Guin, Wm. F. Willett
Civil Action on Note
Now at this day comes the defendants by their attorney and by leave
of Court files herein their answer to plaintiffs petition.
Page 29:
April Term 1865
Regular April Term AD 1865. 20 inst
The Merchants Bank of St. Louis
vs
Jno. Summers, Admn of the Estate of Wm. H. Martin Decd, James Cole &
Daniel Perrin
Civil Action on Note
Now at this day comes the defendant by their attorney, and by leave
of Court files herein their answer to plaintiffs petition.
The Merchants Bank of St. Louis
vs
Jno. F. Weidemeyer & Son, Samuel Moore & James Cole Admr of Elisha
Bell decd
Civil Action on Note
Now at this day comes the defendant James Cole, as Admr Elisha Bell
decd, by his attorney, and by leave of Court files herein his
separate answer to plaintiffs petition.
Thomas Walton
vs
Theodore Snuffer
Civil Action on Note
Now at this day comes the defendant by his attorney, and makes
affidavit that he can not safely go to trial on account of the
absence of Material witnesses and asks the Court to continue this
Cause till the next Term of this Court which is granted.
The Merchants Bank of St. Louis
vs
James Cole & Wm. H. Murphy
Civil Action on Note
Now at this day comes the plaintiff by his attorney, and the
defendant James Cole does likewise. And the Motion filed by said
James Cole coming on by consent of parties to be heard and being
heard and fully understood by the Court, this cause is continued as
to James Cole by the Court on Satisfactory evidence being submitted
that said James Cole is now in the Actual Military Service of the
State of Missouri, this cause is continued.
Page 30:
April Term 1865
Regular April Term AD 1865. 20 inst
The Merchants Bank of St. Louis
vs
Francis Cole & James Cole
Civil Action on Note
Now at this day comes into Court the plaintiff by his attorney, and
defendant James Cole does likewise, And the motion filed by said
James Cole to dismiss this Cause as to said James Cole, coming on by
consent of parties to be heard, and satisfactory evidence being
submitted to the Court that said James Cole is now in the actual
Military Service of the State of Missouri this cause is continued by
the Court.
The Merchants Bank of St. Louis
vs
James Cole & F.M. Cole
Civil Action on Note
Now at this day comes the plaintiff by his attorney, and the
defendant James Cole does likewise And the motion filed by said
James Cole coming on, by consent of parties, to be heard, and
satisfactory evidence being submitted to the Court that said James
Cole is now in the Actual Military Service of the State Missouri,
this cause is continued by the Court.
The Merchants Bank of St. Louis
vs
James Cole, James T. Cole, F.M. Cole
Civil Action on Note
Now at this day comes here into Court the plaintiff by her attorney,
and the defendant James Cole does likewise, And the motion filed by
said James Cole, Coming on by consent of parties, to be heard, and
satisfactory evidence being submitted to the Court that Said James
Cole is now in the Actual Military Serviced of the State of Missouri
this cause is continued.
The Merchants Bank of St. Louis
vs
James Cole, Jno. Dawson & T.M. Cole
Civil Action on Note
Now at this comes into Court the plaintiff by her attorney, and the
defendants James Cole and F.M. Cole do likewise, and the motion
Filed by said defendants James Cole and T.M. Cole coming on by
consent of parties to be heard, and satisfactory evidence being
submitted to the Court that said defendants James Cole and F.M. Cole
are now in the Actual Military Service of the State of Missouri this
cause is continued. Signed over to page 36.
Page 31:
April Term 1865
Regular April Term AD 1865. 20 inst
The Merchants Bank of St. Louis
vs
Elisha Cravens
Civil Action on Note
Now at this day comes the plaintiff by her attorney, and the
defendant does likewise, and the motion filed by defendant to
dismiss this cause coming on to be heard, and satisfactory evidence
being submitted to the Court that said defendant Elisha Cravens was
in the Actual Military Service of the State of Missouri at the time
this Suit was brought this cause is by the Court dismissed and leave
granted to withdraw the papers sued on.
O.B. Copeland, Wm. B. Robertson
vs
Sterling Cooper, Robert Meredith
Civil Action to Recover Specific Personal Property
Now at this day comes the plaintiffs by their attorney, and by leave
of Court files herein their amended Petition.
Nancy Estes Admrx of the Estate of Jno. Estes
vs
R.P. Cocke
Civil Action on Note
Now at this day comes Nancy Estes Admrx of the Estate of Jno. Estes,
by her Attorney, and the defendant being three times solemnly called
comes not but herein makes default, and it appearing to the
satisfaction of the Court from the Publication of the Missouri State
Times a weekly newspaper published in the City of Jefferson in the
County of Cole State of Missouri, That defendant has been notified
of the pending of this suit by publication in said newspaper for
four weeks successively the last insertion having been at least four
weeks before the first day of this term of this Court and this cause
being founded on a promissory note for the direct payment of money
whereby the amount due plaintiff is ascertained, the Court doth find
that the said defendant justly owes and stands indebted to the said
plaintiff in the sum of One Hundred ninety-eight & 55/100 dollars
his debt and the further sum of seventy one 22/100 dollars his
damages and it further appearing from
Signed Over to page 36
Page 32:
April Term 1865
Regular April Term AD 1865 To wit
Ann W. Todd Admrx of the Estate of Daniel P. Todd
vs
Wm. M. Gant, Joseph R. Young
Civil Action
Now at this day comes the plaintiff by her attorney, and the
defendant being three times Solemnly called comes not but herein
makes default.
Wm. S. Ewing, A.G. Edward, Nathan Cole, P.W. Hereman
vs
Waldo P. Johnson
Civil Action on Account
Now at this day comes the said plaintiffs and the defendant being
three times Solemnly called comes not but herein comes not but makes
default, and it appears the cause coming on for trial, Thereupon
comes the following Jury to wit
Alexander Walker
Christian Hoover
Bethial Hendricks
John Burnsides
Hugh B. Cole
E. J. McWilliams
Sterling Cooper
Hezekiah Thompson
Noah Graham
David T. Short
James Cauthorn
Wm. Collins
Thirteen good and Lawful men of St. Clair County, who after hearing
the evidence and argument council retired from the bar and consider
upon their verdict, who after returned into Court the following
verdict. “We the Jury find a Judgment in favor of plaintiffs for
eight hundred and thirty seven dollars and ninety cents and his
damages for two hundred and two dollars and eighteen cents signed C.
Hoover Foreman”, And it appearing from the return of the Sheriff of
St. Clair County that the following described Real Estate Situate in
the County of St. Clair and State of Missouri has been attached as
the property of
[written in left hand column:] When the clk gets through describing
the land in St. Clair & also by the return of the Shff of Johnson
Co., the following land to wit describe the Land.
Page 33:
April Term 1865
Regular April Term AD 1865 To wit
the said defendant Waldo P. Johnson to wit
Column 1:
Lot 2 NE S5 T37 R27
SE NW NOR S5 Te7 R27
SW NW S5 T37 R27
SW & fl SW fl of NE NOR S5 T37 R27
S ½ SE S32 T38 R27
N part SW fl NOR S31 T39 R24
NE fl NE S6 T38 R24
W ½ SW S32 T39 R24
NE SE S30 T39 R24
SE fl qr NOR S3 T37 R28
SW fl qr NOR S3 T37 R28
NE SW fl S1 T37 R28
SW NE & NW SE S34 T39 R28
W ½ lot 2 NW S2 T38 R25
E ½ SE S8 T36 R26
SW SE S26 T37 R26
SE SW S26 T37 R26
NE SE S26 T38 R25
E ½ SE SE S26 R38 T25
W ½ NE S12 T38 R25
Lot 1 NW S13 T38 R15
W ½ NE S22 T37 R7
N ½ NW SE S26 T38 R25
W ½ SE S33 T38 R25
S ½ SW S33 T38 R25
W ½ S ½ NE S4 T27 R25
Lot 2 NW S4 T27 R25
NE SE S31 T37 R27
W ½ SE S21 T37 R27
E ½ SE S15 T37 R27
W ½ SW fl S21 T37 R14
Part NW fl qr S20 T35 R25
Fl off N East qr W S20 T38 R25
E ½ NW SE S20 T38 R25
S ½ NW SE S20 T39 R25
West NW f qr S20 T38 R25
Part NW NE S20 T38 R25
Part SW NE S20 R38 T19
NW SW S5 T38 R24
SE SW S5 T38 S24
NW SW S26 T38 R24
SE NW S22 T38 R24
NE SE S35 T38 R24
Lot 5 NW frl qr S3 T37 R24
Lot 8 NE S3 T39 R24
Column 2:
NE SW S4 T39 R24
SE SE S5 T37 R24
SE NW S8 T39 R24
S ½ SE S7 T36 R25
SE SW S34 T36 R25
S ½ SE S7 T36 R25
SE SW S34 T36 R25
W ½ lot NE S1 T37 R25
E ½ lot NE S7 T37 R25
W ½ SE S13 T36 R26
S ½ SW S13 T36 R26
SW NW S21 T36 R26
NW NE S35 T27 R26
SE NE S35 T27 R26
SE NE S35 T37 R26
NE SE S35 T27 R26
SW fl SE S26 T35 R26
NE fl NE S35 T38 R26
NW NW S15 T37 R26
SW NE S33 T37 R26
SE NE S4 T37 R27
N ½ NW S5 T37 R27
SE fl S River S5 T37 R27
NE qr S6 T27 R27
W ½ NW S7 T37 R27
N ½ NE S7 T27 R27
NW NW S7 T27 R27
SW NE S10 T37 R27
E ½ NW S10 T27 R27
NW NE S11 T35 R27
NE SE S21 T38 R27
SW SW S26 T38 R27
E ½ NW S10 T27 R27
NW NE S11 T38 R27
NE SE S11 T38 R27
SW SW Ss26 R38 T27
E ½ NW S10 T27 R27
NW NE S11 T35 S27
NE SE S11 T35 S27
SW SW S26 R38 R27
E ½ NE S32 T38 R27
SE SW S21 T38 R27
NE NE S34 T38 R27
SE fl E River S35 T38 R27
NW NE S35 T38 R27
NW NW S35 T38 R27
NE NE S36 T38 R27
Lots 7 & 8 & 9 NW S6 T39 R27
Lot 8 NE S6 T37 R27
NE qr S21 T39 R27
NW SE S2 T37 R28
N ½ NE S5 T37 R28
Lot 2 NW S7 T39 R28
NW SE S12 T37 R28
NE qr & SW SE S13 T37 R28
NE SE S14 T37 R28
NE SW S14 T37 R28
Lot 2 NW S7 T38 R28
Page 34:
April Term 1865
Regular April Term AD 1865 To wit
Column 1:
NE SW Sec 11 T38 R28
SW NE S30 T38 R28
Lot 2 SW S31 T38 R38
W ½ NW S30 T38 R28
S. ½ S.E. (RBOR) S32 T39 R24
NE. NW S26 T38 R27
NE SE S28 T38 R26
SW. SE S25 T39 R25
E ½ Lot 8 NE S4 T39 R27
NW NW S16 T37 R24
E ½ S ½ qr NE S4 T37 R27
NW qr S8 T39 R26
SE fl (Eor) S2 T37 R26
S.E SW S17 T38 R27
SW NE S21 T35 R27
NW SW S24 T38 R27
S.W. SE S29 T38 R27
NE NW S3 T27 R28
SE NE S6 T30 R28
SW.SE S15 T35 R28
W ½ lot 9 NW S1 T37 R28
E ½ lot 4 NE S2 T39 R28
W ½ lot 3 NW S4 T39 R25
W ½ lot 4 NE S2 T37 R28
N ½ NW S27 T32 R25
NE NE Ss4 T38 R26
S W qr (BOR) S17 T37 R27
NW qr NE S11 T38 R25
SE SW (NBOR) S21 T38 R24
SW NW S11 T38 R25
E ½ lot 2 NW S1 T38 R26
SE NE S30 T38 R28
NE SE S30 T38 R28
SE SE S30 T38 R28
SW NW S11 T38 R25
SE SE S30 T38 R25
SW NW S11 T38 R23
NW SW S22 T35 R25
E ½ NW S24 T37 R25
SW. NE S15 T38 R16
SW SW S8 T38 R25
N ½ NW S17 T38 R25
N ½ NE qr S20 T38 R24
NE NW S20 T38 R34
NW. SE S20 T38 R24
W ½ SW S21 T38 R24
E ½ S.E S20 T38 R24
Lot 1 NW S30 T37 R26
NW SE
N ½ lot 11, SW S31 T37 R26
NW Sec NE S13 T38 R25
S ½ lot 2 NW fl S13 T38 R24
Column 2:
W ½ SE fl qr of NW qr S17 T38 R25
S.W. qr S16 T27 R27
N ½ Sec S16 T37 R27
NE SW S2 T17 R15
NW SW S15 T37 R27
SW SW S15 T37 R27
N ½ SW S15 T37 R25
SE SE S16 T37 R25
SW. NW S16 T37 R24
S ½ S.E S16 T37 R24
W ½ SW S16 T37 R24
W ½ NE NW. S16 T38 R25
NW. NW S16 T38 R25
NE SE S16 T35 R25
NE SW S16 T38 R25
NW. SW S16 T35 R35
SW SW S16 T38 R25
Also the following land being in the Said St. Clair County Mo.
Number of Lots, Block Town [can’t read]
Lots 7, 8, 9, 1 - 3 – 43 – 123 – Main
1, 11 & 12, 4 – 43 – 123 – M
5 & ½ of the 4 – 43 – 125 – farm
2, 3, & 12, 5 – 43 – 123 – farm
1/6 of 6, 5
1, 2, 3, 4, 5 & 6, 6 – 43 – 123 – farth
7, 8 & 9, 6 – 43 – 123 – farth
2, 3, 4 & 6 – 7 – 43 – 123 – farth
8, 11 & 12, 8 – 43 – 125 – Main
11 & 12, 7 – 43 – 123 – Main
2 fl 411, 11 – 43 – 123 – South
1/3 of 5, 12 – 43 – 617
½ of 1, 13
2 & 3, 13 – 43 – 123 – Main
3, 4, 5 & 6, 14 – 43 – 123 – Main
11, 4, 5, % ½ 5, 15 – 113 – 123 – Main
7, 8, 9, 10, 11, & 12, 15 – 113 – 123 – Main
1, 2 & 3, 16 – 43 – 123 – Main
4, 5 & 6, 17 – 43 – 123 – Main
All of, 13 – 43 – 123 – M & L
1, 2, 3, 5 & 6, 17 – 43 – 123 – South
7, 8, 9, 10, 11 & 13, 12 _ 43 – 123 – third
7, 8 & 9, 20 – 20
6, 23 – 43 – 123 – South
12, 22 – 43 – 123 – third
7 & 12, 23 – 43 – 123 – third
Part of 4, 5 & 6 – 25
Part 2 & 4, 27
5 & 6, 27 – 43 – 133 – Second
5, 6 & 11 – 23 – 43 – 123 – third
Page 35:
April Term 1865
Regular April Term AD 1865 To wit
Column 1:
3, Sec 27, T43, R123 fourth
7, 8, 9, 10, 11 & 12, Sec 27, T43, R122, fourth
Part of 4, 5 & 6, Sec 30
3 fr, Sec 30, T43, R123 third
7, 8, 9, 10, 11 & 12, Sec 30, T43, R123 fourth
7, 8, 11 & 18, Sec 21, T43, R123 fourth
7, 8, 11 & 12, Sec 21, T43, R123 fourth
7, sec 43, T43, R123 fourth
All of Sec 33, T 43, R13 third
4, 5 & 6, Sec 34, T43, R123 third
7, 8, 10, 11 & 12, Sec 34, T43, R123 Fourth
1 & 3, Sec 35, T43, R123 third
7, 8, 9, 10, 11 & 12, Sec 35, T43, R123 fourth
7, 8 & 9, Sec 36, T43, R123 fourth
1, 2, 3, 4, 5 & 6, Sec 39, T43, R123 fourth
7, 8, 9, 10, 11 & 12, Sec 39, T43, R123 Fifth
1, 2, 4, 5 & 6, Sec 40, T43, R123 Fourth
10, 11 & 12, Sec 40, T43, R123 fifth
1, 2, 3 & part of 10, 11 & 12, Sec 43, T43, R123 fourth
7, 8, 10, 11, Sec 44, T43, R123 fourth
3, 4 & 6, Sec 45, T43, R123 fourth
Page 36:
April Term 1865
Regular April Term AD 1865 To wit
And it further appearing from the return of the Sheriff of Johnson
County that the following described Real Estate has been attached as
the property of the said Waldo P. Johnson to wit:
the N.E. qr of Section 27 Township (rr) Range 25
the North West quarter & W ½ of NW Sec 26 T (44) and Range (25)
Lot (1) 3 & 4 of North West qr Sec (6) Township (44) Range 27.
Therefore it is ordered adjudged and considered by the Court that
the plaintiffs have and recover of the defendant the said sum of
$837.18 as their debt and the Further sum of $202.18 as their
damages together with their costs in this behalf laid out and
expended, and that execution issue therefor against the property
attached.
The return of the sheriff of St. Clair County that the following
described Real Estate has been attached viz the property of the said
R.P. Cocke towit NE SW 28 W 22 S14 T38 R26 S ½ SW & SW & E & NW & NW
S14 T38 R26 as [can’t read] Back to page 31
It is therefore ordered by the Court, that the plaintiff have and
recover of the defendant the said sum of $198.55 his debt and $11.22
his damages together with costs and charges in this behalf laid out
and expend and that execution issue therefor against the property
attached.
David T. Short
vs
Thomas Hadgossan
Civil Action for Damages
Now at this again comes the plaintiff by his attorney and the said
defend and being again three times solemnly called comes not but
herein makes default, and the cause coming on for trial, and neither
party demanding a Jury, the same being submitted to the Court,
acting as a Jury, and the Court have heard the evidence finds for
the said plaintiff in the sum of one hundred and twenty-five
dollars. And it appearing from the return of the sheriff of St.
Clair County that the following described Real Estate Situated in
the County of St. Clair as the property of the said Thomas Hadgossan
to wit
Page 37:
April Term 1865
Regular April Term AD 1865 To wit
It is therefore ordered, adjudged and considered by the Court that
the plaintiff have and recover of the said defendant Thomas Hadgoson
the said sum of $125.00 together with the costs and charges in this
behalf laid out and expended and that execution issue therefore
against the property attached.
Ordered that Court adjourn until tomorrow morning Nine oclock.
B.H. Emerson
Page 38:
April Term 1865
Friday Morning April 21st AD 1865
Court met in pursuance to adjournment at nine Oclock this morning.
Present as on yesterday.
The Merchants Bank of St. Louis
vs
John M. Beckley, Johnathan Culbertson
Civil Action on Note
Now at this day comes the plaintiff by her attorney, and the
defendant not appearing, an Alias Writ of Summons is granted and the
Cause continued.
The Merchants Bank of St. Louis
vs
Phaschal Racer, Jacob J. Row
Civil Action on Note
Now at this day comes the plaintiff by his attorney and the
defendants not appearing, this cause is continued at the prayer of
plaintiff.
The Merchants Bank of St. Louis
vs
James T. Cole & Francis M. Cole
Civil Action on Note
Now at this day comes the plaintiff by her attorney, and the both of
the defendant James T. Cole being suggested it is ordered by the
Court that a writ of summons issue against James Cole Administrator
of the Estate the said James T. Cole, returnable to the next Term of
this Court, and that the Cause be continued.
The Merchants Bank of St. Louis
vs
George R. Elliott
Civil Action on Note
Now at this day comes the plaintiff by her attorney and the
defendant appearing not, this cause is continued on motion of the
plaintiff.
Page 39:
April Term 1865
Regular April Term AD 1865 To wit
The Merchants Bank of St. Louis
vs
John W. Summer, Wm. W. Summer
Civil Action on Note
Now at this day comes the plaintiff by her attorney; and the
defendant Jno. W. Summers does likewise; and the Court, Setting as a
Jury by consent of the parties, being satisfied from the evidence
that said Jno. W. Summers is now in the actual Military service or
this State, this cause is dismissed by the Court as to said Jno. W.
Summers; And the defendant Wm. W. Summers being three times solemnly
called comes not but herein makes default, and it appearing from the
return of the Sheriff of St. Clair County, that said defendant Wm.
W. Summers has been duly served with notice of the pending of this
suit fifteen days before the first day of this term of this Court,
and this cause being founded on a promissory note for the direct
payment of money, whereby the sum due plaintiff is ascertained, the
Court doth find that the Said defendant Wm. W. Summers justly owes
and stands indebted to the plaintiff in the sum of one hundred and
eighty-nine dollars and twenty seven cents his debt and damages. IT
is therefore ordered adjudged and decreed by the Court that the
plaintiff have and recover of the said Wm. W. Summers the said sum
of $189.27 together with the costs and charges in this behalf laid
out and expended and that execution issue therefore against the
property of the said Wm. W. Summers.
Annell Todd Admr of Daniel P. Todd Decd
vs
Wm. W. Gant, John Fleming
Civil Action on Note
Now at this day comes the plaintiff by his attorney, and by leave of
Court dismisses this Cause as to John Fleming; And the defendant Wm.
W. Gant being three times solemnly called comes not but herein makes
default; and it appearing from the affidavit of the publisher of the
Missouri State Times that the defendant Wm. M. Gant has been duly
notified of the pending of this suit by
Page 40:
April Term 1865
Regular April Term AD 1865 21 inst
Publication in said Missouri State Times for four weeks
successively, the last insertion having been at least four weeks
before the first day of this term of this Court, and this cause
being founded on a promissory note for the direct payment of money
whereby the amount plaintiff ought to recover is ascertained, the
Court finds that the defendant Wm. M. Gant justly owes and stands
indebted to the plaintiff in the sum of two hundred dollars his debt
and ninety six 20/100 dollars his damages And it appearing from the
return of the Sheriff of St. Clair County that the following
described real Estate has been attached as the property of the said
Wm. M. Gant to Suit:
NW SE, S15 T37 R27 40 acres
S ½ SE & E ½ NE, S22 T37 R27 160 acres
NW 1/4, S26 T37 R27 160 acres
N ½ NE, S27 T37 R27 80 acres
E ½ NW, S15 T37 R27 80 acres
NW NE, S15 T37 R27 40 acres
NE SE NE SW, S10 T37 R29 80 acres
SE SW W ½ SE, S10 T37 R27 120 acres
It is considered by the Court that the plaintiff have and recover of
the defendant Wm. M. Gant the said sum of $200.00 his debt and
$96.30 his damages, together with the costs and charges in this
behalf laid out and expended, and that execution issue therefor
against the property attached.
The Merchants Bank of St. Louis
vs
R.R. Moore
Civil Action on Note
Now at this day comes the defendant by attorney and files herein by
leave of Court his motion to dismiss this cause, and said motion
coming up by consent of parties to be heard and the Court being
satisfied from the evidence that the defendant was in the Actual
Military service of United States at the time this suit was
commenced it is ordered by the Court that this Cause be dismissed
and that plaintiff have leave to withdraw the Note sued on.
Page 41:
April Term 1865
Regular April Term AD 1865. 21st inst
Mayfield Hoshan
vs
Jedidiah Waldo
Civil Action for Damages
Now at this day comes the plaintiff by his attorney, and the
defendant being three times solemnly called comes not but herein
makes default; nor has he filed any answer in this cause, whereby it
remains undefended, and it appearing from the affidavit of the
publisher of the Missouri State Times that the defendant has been
duly notified of the pending of this suit by publication in said
Times for more than four weeks successively the last insertion
having been at least four weeks before the first day of this term of
this Court, and satisfactory Judgment is rendered by the Court
against the defendant, and inquiry of damages ordered at the next
term of this Court.
John Brugh
vs
Bryon Johnson
Civil Action for Damages
Now at this day comes the plaintiff by his attorney, and the
defendant being three times solemnly called comes not but herein
makes default nor has he filed any answer herein, whereby this cause
remains undefended and it appearing from the affidavit of the
publisher of the Missouri State Times a newspaper published at
Jefferson City Cole County that the defendant has been duly notified
of the pending of this suit by publication in said Times for four
weeks successively the last insertion having been at least four
weeks before the first day of this term of this Court; and
satisfactory Judgment is rendered by the Court against said
defendant and inquiry of damages ordered to be rendered at the next
Term of this Court.
Page 42:
April Term 1865
Regular April Term AD 1865 21 isnt
The Merchants Bank of St. Louis
vs
Wilson Quitt, Wm. B. Lawler, E.S. Ellis
Civil Action on Note
Now at this day comes the plaintiff by her attorney, and the
defendants coming not on motion of the plaintiff the Courts Orders
alias writs of summons, against Wilson Garrett to the sheriff of
Benton County alias writ of summons against W.B. Lawler to sheriff
of Henry County and alias writ of summons against E.S. Elliss to
sheriff of Randolph County all returnable to the next term of this
Court.
The Merchants Bank of St. Louis
vs
James Cole, Wm. H. Murphy
Civil Action on Note
Now at this day comes the plaintiff by his attorney, and the
defendant Wm. H. Murphy appearing not on motion of plaintiff an
alias writ summons against him is ordered to be issued to the
sheriff of Cole County returnable to the next Term of this Court.
George W. Bland
vs
Isaac Moore
Civil Action on Note
Now at this day comes the plaintiff by his attorney and the
defendant being three times solemnly called comes not but herein
makes default, nor has he filed any answer herein whereby this
action remains undefended and it appearing from the affidavit of the
publisher of the Missouri State Times that defendant Isaac Moore has
been duly notified of the pending of this suit by publication in
said Missouri State Times for four weeks successively the last
insertion having been at least four weeks before the first day of
this Term of this Court, and the action being founded on two
promissory notes for the direct payment of money whereby the amount
plaintiff ought to recover is ascertained, The Court doth find that
the said defendant justly owes and stands indebted to the plaintiff
in the sum of four hundred and sixty-seven 36/100 dollars his debt
and damages And it further appearing from a Mortgage
Page 43:
April Term 1865
Regular April Term AD 1865 21st inst
Deed herewith filed; that defendant Isaac Moore together with Sarah
C. Moore his wife made and acknowledged on the fifth day of Oct AD
1860 said Deed Mortgage the plaintiff to secure the payment of said
two promissory notes, which mortgage is on the following described
Real Estate the property of said Defendant Isaac Moore, to wit
N ½ NW ¼, S13 T36 R27
NE NE, S14 T36 R27
12 ½ acres off 12 NE cor SE SW, S13 T36 R27
SW SW, S8 T36 R26
It is therefore considered by the Court that the plaintiff have and
recover of the said defendant the said sum of $567.36/100 together
with costs and charges in this behalf laid out and expended; It is
further considered by the Court that the Equity of Redemption in the
said mortgaged property be forced foreclosed, and that the said
Mortgaged property be sold to satisfy said debt together with said
costs and charges and that execution issue therefore.
The Merchants Bank of St. Louis
vs
Thomas F. Wright
Civil Action on Note
Now at this day comes the plaintiff by her attorney and the
defendant being three times solemnly called comes not but herein
makes default, nor has he filed any answer herein whereby this cause
remains undefended, and it appearing from the return of the sheriff
of St. Clair County, that defendant has been duly personally served
with notice of the pending of this suit at least fifteen days before
the first day of this term of this Court; and this cause being
founded on a promissory note for the direct payment of money whereby
the amount plaintiff ought to recover is ascertained
Page 44:
April Term 1865
Regular April Term AD 1865 21st inst
The Court doth find that the defendant justly owes and stands
indebted to plaintiff in the sum of one hundred and eighty 75/100
for his debt and damages; It is therefore considered by the Court
that the plaintiff have and recover of the defendant the said sum of
$180.75 together with the costs and charges in this behalf laid out
and expended, and that execution issue therefor against property of
Defendant.
The Merchants Bank of St. Louis
vs
Daniel Quin
Civil Action on Note
Now at this day comes the plaintiff and by leave of Court files
herein his amended petition; defendant comes likewise and by leave
of Court files same answer to plaintiffs amended petition which he
filed to the Original petition.
The Merchants Bank of St. Louis
vs
A.A. Hester, Abram Miller
Civil Action on Note
Now at this day comes the plaintiff by her attorney and by leave of
Court dismisses this cause as to A.A. Hester, But the defendant
Abram Miller being three times solemnly called comes not but herein
makes default nor has he filed any answer herein whereby this cause
remains undefended, and it appearing from the return of the Sheriff
of St. Clair County that said Abram Miller has been served with
notice of the pending of this suit at least fifteen days before the
first day of this term of this Court, and the cause being founded on
a promissory note for the direct payment of money, whereby the
amount plaintiff ought to recover is ascertained the Court doth find
that the said defendant justly owes and stands indebted to the
plaintiff in the sum of one hundred and nine 75/100 dollars for his
debt and damages. It is therefore considered by the Court that the
plaintiff have and recover of the defendant the said sum of $108.75
together with the costs laid and charges in this behalf laid out and
expended and that execution issue therefore against property of said
Abram Miller.
Page 45:
April Term 1865
Regular April Term AD 1865 21st inst
Samuel H. Martin Admr de bonis non of the Wm. Allen
vs
Jno. H. Choice
Now at this day comes the said Samuel H. Martin Administrator as
aforesaid, and by his attorney, and the said defendant Jno. H.
Choice being three times solemnly called comes not but herein makes
default, nor has he filed any answer herein whereby this cause
remains undefended, And it appearing from the affidavit of the
publisher of the Missouri State Times a weekly newspaper published
in the City of Jefferson, County of Cole State of Missouri, that the
defendant has been notified of the pending of this suit by
publication in said Missouri State Times for four weeks
successively, the last insertion having been at least four weeks
before the first day of this Term of this Court, And it appearing
from the affidavit of plaintiff that the note sued on has been lost
so that it cannot be filed in this cause, nor the amount due
plaintiff be thereby ascertained, a Jury comes to wit “Wm. A.
Deshazer, Hugh B. Cole, E. J. McWilliams, Christian Hoover, Daniel
T. Short, David Walker, Jno. R. Lewellen, James M. Hoover, Noah
Graham, Hesekiah Thompson, A.C. Copenhaver, John Cochran.
Twelve good and lawful men of the County of St. Clair who being duly
sowrn and the evidence of plaintiff being by them heard, together
with argument of Council They retire to consider of there vow and
the instruction of the Court, retire to consider of their verdict,
and afterwards return into Court the following verdict to wit, “We
the Jury find a Judgment in favor of plaintiff for $402.00 and
damages for $225.80. Total $627.80. D.T. Short Foreman”
And it appearing from the return of the Sheriff of St. Clair County
that the following described Real Estate Situate in St. Clair County
as the property of said Jno. H. Choice:
SW ¼ & SW NW S7 T36 R24 225 27/100 acres
SE ½ S12 T36 R25 160 acres
It is therefore considered by the Court that the plaintiff have and
recover of the said defendant Jno. H. Choice the said sum
Page 46:
April Term 1865
Regular April Term AD 1865 21 inst
of four hundred and two dollars her debt and two hundred and ninety
five 80/100 dollars his damages, and that together with the costs
and charges in this behalf laid out and expended and that execution
issues therefor against the property attached.
The Merchants Bank of St. Louis
vs
Samuel Miller, Casper M. Keller, Jno. M. Elkins
Civil Action on Note
Now at this day comes the plaintiff by her attorney, and the
defendants being three times solemnly called comes not but herein
make default, nor have they filed any answer herein whereby the
action remains undefended, and it further appearing from the return
of the Sheriff of St. Clair County that the defendants have been
duly notified of the pending of this suit at least fifteen days
before the first day of this Term of this Court, And the action
being founded upon a promissory note for the direct payment of money
whereby the amount justly due plaintiff is ascertained, the Court
doth find that he said defendants justly owe and stand indebted to
the plaintiff in the fine hundred and one 48/100 for his debt and
damages. It is therefore considered by the Court that the plaintiff
have and recover of the defendants the said sum of $505.32 together
with the costs and charges in this behalf laid out and expended and
that execution issue therefore against the property of defendants.
The Merchants Bank of St. Louis
vs
Samuel V. Keller, Casper M. Keller
Civil Action on Bill
Now at this day comes the plaintiff by her attorney, and the
defendants being three times solemnly called came not but herein
make default nor have they filed any answer herein whereby this
action remains undefended, and this action being founded on a Bill
of Exchange for this direct
Page 47:
April Term 1865
Regular April Term AD 1865 21 inst
payment of money whereby the amount plaintiff aut to recover is
ascertained, and it appearing from the return of the Sheriff of St.
Clair County that the defendants have been duly notified of the
pending of this suit by personal notice on them at least fifteen
days before the first day of this term of Court; The Court doth find
that the defendants justly owe and stand indebted to the plaintiff
in the sum of eight hundred and twenty five 20/100 dollars for his
debt, and damages.
It is therefore considered by the Court that the plaintiff have and
recover of the defendants the said sum of $825.50 together with the
costs and charges in this behalf laid out and ascertained and that
execution issue therefore against the property of Defendants.
The Merchants Bank of St. Louis
vs
Wm. A. Radford, Pines R. Dann, Abram Miller
Civil Action Note
Now at this day comes the plaintiff by her attorney, and by leave of
Court dismisses this cause as to Pines R. Dunn and the defendants
Wm. A. Radford, Abram Miller being three times solemnly called come
not but herein make default, and it appearing from the return of the
Sheriff of St. Clair County that said defendants Wm. A. Radford &
Abram Miller have been duly notified of the pending of this suit by
personal notices on them at least fifteen days before the first day
of this term of this Court, and the action being founded on a
promissory note for the direct payment of money whereby the amount
plaintiff ought to recover is ascertained, The Court doth find that
the defendants Wm. A. Radford and Abram Miller Justly owe and stand
indebted to plaintiff in the sum of one hundred and forty seven
01/100 dollars his debt and damages It is therefore considered by
the Court that the plaintiff have and recover of defendants Wm. A.
Radford and Abram Miller the said sum of $147.05 together with the
Costs and charges in this behalf laid out and expended and that
execution issue therefore against the property of said defendants
Wm. A. Radford & Abram Miller.
Page 48:
April Term 1865
Regular April Term AD 1865 21 inst
The Merchants Bank of St. Louis
vs
Jno. M. Elkins
Now at this day comes the plaintiff by her attorney and the
defendant being three times solemnly called comes not but herein
makes default, nor has he filed any Answer herein whereby this
action remains undefended, and it appearing from the return of the
Sheriff of St. Clair County that the defendant has been duly
notified of the pending of this suit by personal notice on him at
least fifteen days before the first day of this term of this Court,
and this action being founded on a promissory note for the direct
payment of money, whereby the amount plaintiff ought to recover is
ascertained, The Court doth find that the defendant Justly owes and
stands indebted to plaintiff in the sum of nine hundred and fifty
six 84/100 dollars his debt and damages
It is therefore considered by the Court that the plaintiff have and
recover of defendant the said sum of $956.80 together with his costs
and charges in this behalf laid out and expended and that execution
issue therefore against the property of the defendant.
Jno. W. Gardner, Adm of Robt T. Gardner
vs
Jas. J. Pace, Michael Pace, John R. Pace
Civil Action on Note
Now at this day comes the plaintiff by his attorney, and the
defendant being three times solemnly called come not but herein make
default, nor have they filed any answer herein whereby the action
remains undefended, and it appearing from the affidavit of the
publishser of the Missouri State Times a weekly newspaper published
in the City of Jefferson County of Cole State of Missouri that the
defendants have been duly notified of the pending of this suit by
publication in said Missouri State Times for four weeks successively
the last insertion having been at least four
Page 49:
April Term 1865
Regular April Term AD 1865 20 inst
weeks before the first day of this Term of this Court, and this
cause being founded on a promissory Note for the direct payment of
money, whereby the amount plaintiff ought to recover of defendants
is ascertained, The Court doth find that the defendants justly owes
and stands indebted to plaintiff in the sum of three hundred and
twenty-eight 19/100 dollars his debt and damages; And it further
appearing from the return of the Sheriff of St. Clair County that
the following described Real Estate has been attached as the
property of the defendant James J. Pace To wit.
NW ¼ Sec 21 T36 R25, and the following as the property of the
defendant Michael T. Pace to wit
SE ¼ S28 T36 R25
and the following as the property of the defendant Jno. R. Pace to
wit
E ½ NW & N ½ NE Sec 25 T36 R26
SE SE Sec 26 T35 R26
S frl lot 2 SW Sec 19 T36 R25
all the above Real Estate being in St. Clair County Missouri
It is therefore considered by the Court that the plaintiff have and
recover of the said defendants the said sum of $328.19 together with
the costs and charges in this behalf laid out and expended and that
execution issue therefore against the property attached.
The Merchants Bank of St. Louis
vs
Jas. D. Gray
Civil Action on Note
Now at this day comes the plaintiff by her attorney, and the
defendant being three times solemnly called comes not but herein
makes default, and it appearing from the return of the Sheriff of
St. Clair County that said defendant has been duly notified of the
pending of this suit by personal notice on him at least, fifteen
days before the first day of this term of this Court, and the action
being founded on a promissory note for the direct payment of money
whereby the amount plaintiff ought to recover of defendant is
ascertained, The Court doth find that the defendant Justly owes and
stands
Page 50:
April Term 1865
Regular April Term AD 1865 21 inst
indebted to plaintiff in the sum of one hundred and fifty dollars
his debt and damages
Eo consideratum est It is therefore considered by the Court that the
plaintiff have and recover of the said defendant James D. Gray the
said sum $150.00 together with the costs and charges in this behalf
laid out and that execution issue therefor against the property of
the defendant.
The Merchants Bank of St. Louis
vs
George W. Short
Civil Acton on Note
Now at this day comes the plaintiff by attorney and by leave of
Court files herein her motion to strike out defendants answer; which
motion coming on to be heard and being heard and fully understood by
the Court, is satisfied said defendants answer Stricken out.
The Merchants Bank of St. Louis
vs
Wm. Lewellen, James W. Blakeny, Thomas Rickey – Admr of James R.
Civil Action on Note
Now at this day comes the plaintiff by attorney, and the defendant
Wm. Lewellen does likewise, and evidence being heard on his motion
to dismiss the Court being satisfied that Wm. Lewellen is in the
Actual Military service of this State at the time this suit was
brought, this cause is dismissed as to Wm. Lewellen. Alias writ of
summons granted against Thomas Rickey.
Ordered that the Court adjourn till tomorrow morning of 9 O Clock.
B.H. Emerson
Circuit Judge
Page 51:
April Term 1865
Saturday April 22nd AD 1865
The Court met in pursuance to adjournment at 9 O Clock this morning.
F.M. Cole Petitioned to have Sheriff made Justice
Now at this day comes the petitioner by attorney and it appearing to
the Court that Sarah Day on the 20th day of February AD 1861
executed to the petitioner a Deed of Trust, to secure the payment of
a certain promissory note in which Deed of Trust Jno. H. Jamison was
made Trustee, and it appearing that said Jno. H. Jamison has
absented himself from this State without executing the dictates
imposed on him by said Deed of Trust, It is ordered by the Court
that the sheriff of St. Clair County be made Trustee to execute the
powers and duties of said Deed of Trust in place of the Original
Trustee.
Page 52:
April Term 1865
Regular April Term AD 1865 22 inst
The Merchants Bank of St. Louis
vs
Joshua Miller, Andrew Baker & Daniel Miller
Civil Action on Bill of Exchange
Now at this day comes the Plaintiff by his Atty and the Defendants,
nor either of them, appearing not, on motion of Plff, an alias Writ
of attachment is ordered against said Deft. [space] Miller, and an
alias Writ of Summons is ordered against the said Deft Andrew Baker
to be issued to the Sheriff of any county wherein said Deft may be
found, said writ of attachment and summons to be returnable to the
next term of this court.
The Merchants Bank of St. Louis
vs
Saml Moore, Waldo P. Johnson & Elmon Y. McWilliams Pub Admr having
in charge the Estate of Marcellus J. Harris decd
Civil Action on Promissory Note
Now at this day comes the Plaintiff by her Atty and the said
defendants appearing not on motion of the Plaintiff it is ordered
that Henry Drury Public Administrator of St. Clair County be
substituted as a Defendant herein in the place and stead of Elmon Y.
McWilliams, it appearing and being shown to the court that said
Henry Drury is such Public administrator and has in charge the
estate of said Marcellus J. Harris decd.
And the said Defendant, Saml Moore and Waldo P. Johnson being three
times solemnly called come not but herein make default nor have they
filed any answer herein whereby the action remains undefended and it
appearing from the affidavit of the Publisher of the Missouri State
Times a Weekly newspaper published at the City of Jefferson in the
County of Cole and State of Missouri, that the Defts Saml Moore &
Waldo P. Johnson have been duly and lawfully notified of the pending
of this Action of publication in said Missouri State Times for four
weeks successively the last insertion having been at least four
weeks before the first day of this term of this court; and this
cause being founded on a Promissory Note for the direct payment of
money whereby the amount Plff ought to recover of Defts is
ascertained the court doth find that the Defendants Justly owe and
stand indebted to the Plff in the sum of Two thousand One Hundred
and fifteen Dollars ($2115.00) debt and damages
And the said Defendant Henry Drury as Public Administrator having in
charge the Estate of said Marcellus J. Harris decd having filed his
answer in said cause, and the trial of the issue joined being upon
the court, the said court Sitting as a Jury by consent of parties
being satisfied from the evidence in that said Marcellus J. Harris
in his life time jointly with said other parties and Defts signed
and executed said Note doth find that the Deft Henry Drury as Public
Administrator in charge of the estate of said Harris decd Justly
owes and stands indebted to the Plff in the sum and amount aforesaid
Page 53:
April Term 1865
Regular April Term AD 1865 22 inst
And it further appearing from the return of the Sheriff of St. Clair
County Missouri that the following described Real Estate has been
Attached in this Action as the property of the said Defendant Waldo
P. Johnson To wit:
[two columns listing land – too faint to read]
Page 54:
April Term 1865
Regular April Term AD 1865 22 inst
[two columns listing land – too faint to read]
Page 55:
April Term 1865
Regular April Term AD 1865 22 inst
All of said Real Estate lying and being situated in said County of
St. Clair and State of Mo.
It is therefore considered by the court that the Plaintiff have and
recover of the Defendants the said sum of two thousand One hundred
and fifteen Dollars ($2115) together with her costs and charges in
this behalf laid out and expended and that Execution issue therefor
against the property Attached of the said Waldo P. Johnson Deft –
and that a general execution issue therefor against the property of
the other Defendants named herein.
The Merchants Bank of St. Louis
vs
Saml Wyatt, Littleberry B. Davis, Pleasant M. Cox
No. 84
Civil Action on Promissory Note
Now at this day comes the Plaintiff by her Attorney and by leave of
court first had and obtained dismisses this cause as to Saml Wyatt
and Littleberry B. Davis.
And the Deft Pleasant M. Cox being three times solemnly called comes
not but herein made default nor has he filed any answer herein,
whereby this Action remains undefended, and it appearing from the
Affidavit of the publisher of the Missouri State Times a Weekly
Newspaper published in the City of Jefferson County of Cole and
State of Missouri that the said Deft Cox has been notified of the
pending of this action by publication in said Missouri State Times
for four weeks successively the last insertion having been at least
four weeks before the first day of this term of this court and this
Action being founded on a Promissory Note for the direct payment of
money whereby the Amount Plaintiff ought to recover of Deft is
ascertained – the Court doth find that the Defendant justly owes And
stands indebted to Plaintiff in the sum of Three Hundred forty three
& 20/100 Dollars ($134.20) his debt and damages
And it further appearing from the return of the Sheriff of St. Clair
County, that the following described real Estate has been attached
as the property of said Deft Cox to wit:
The South West Quarter ¼ and the South East Quarter of Sec No.
Twenty One (21) in Township Thirty Eight (38) Range No. 25
containing three hundred and twenty acres and situated in said
County of St. Clair and State of Missouri
It is therefore considered by the court that the Plaintiff have and
recover of the said Defendant the said sum of $343.20 together with
his costs and charges in this behalf laid out and expended and that
execution issue therefore against the property attached.
Page 56:
April Term 1865
Regular April Term AD 1865. 22 inst
The Merchants Bank of St. Louis
vs
Amos G. Groom, Henry J. Speed & N.B. Groom
Civil Action on Promissory Note
Now on this day comes the Plaintiff by her Attorney and by leave of
court first had and obtained dismisses the suit as to the Defts Amos
G. Groom and N.B. Groom
And the Defendant Henry J. Speed being three times solemnly called
came not but herein made default nor has he filed any Answer,
whereby the suit remains undefended, and it appearing by the
Affidavit of the publisher of “Missouri State Times” a weekly
Newspaper published and printed at the City of Jefferson and County
of Cole in the State of Mo. that the said Defendant Henry J. Speed
has been duly and legally notified of the pending of this action by
publication in said Missouri State Times, for four weeks
successively the last of said publication being at least four weeks
before the first day of this term of this court: and this Action
being founded on a Promissory Note for the direct payment of money
whereby the amount Plaintiff ought to recover of Deft is ascertained
the Court doth find that the Deft justly owes and stands indebted to
Plaintiff in the sum of Two Hundred & forty Six Dollars 17/100
($246.17/100) debt and damages.
And it further appearing that the following described Real Estate
has been seized and attached as the property of said Deft Speed by
sheriff of St. Clair County Mo. as appears by the return of said
Sheriff to wit: The North West of the North East, and the South East
of NE Sec (16) T 30 Range 16 80 acres
Also NE pt NE & NW qr Sec 32 T39 Range 26, 100 acres
S ½ SE & ¼ SW Sec 29 T39 Range 26, 160 acres
W ½ NW, Sec 33 T37 Range 26 80 acres
NW SW Sec 29 T39 Range 40, 40 acres
Situated in said County of St. Clair and State of Missouri
It is therefore considered by the court that the Plaintiff have and
recover of said Defendant the said sum of $246.17/100 together with
his costs and charges in this behalf laid out and expended and that
execution issue therefore against the property attached.
The Merchants Bank of St. Louis
vs
Hugh Hall & Admr of Estate of W.L. King decd
Civil Action on Promissory Note
Now on this day comes the Plaintiff and by her Attorney, and by
leave of court first had dismisses this suit as the Deft [space]
Admr of the Estate of William L. King decd
And the Defendant Hugh Hall being three times solemnly called comes
not but makes default nor has he filed any Answer whereby this suit
remains undefended, and it appearing by the affidavit of the
Publisher of the Missouri State Times
Page 57:
April Term 1865
Regular April Term AD 1865 22 inst
a weekly Newspaper printed and published at the City of Jefferson in
the County of Cole and State of Missouri that the said Deft Hugh
Hall has been duly and legally Notified of the pending of this
Action by publication in said Missouri State Times for four weeks
successively, the last of said publications being at least four
weeks before the first day of this term of this Court. And this
Action being founded on a Promissory Note for the direct payment of
Money, whereby the Amount Plff ought to recover of Deft is
ascertained: the Court doth find that the Deft Hugh Hall owes and
Justly stands indebted to Plff in the sum of of Two thousand four
hundred Dollars ($2400) Debt and damages.
And it further appearing from the return of the Sheriff of St. Clair
County that the following described Real Estate has been attached
and seized as the property of said Hugh Hall towit:
The South East Quarter (1/4) and the East Half (1/2) of the South
West Quarter (1/4) also part of the South East (1/4) Quarater of the
N.E. quarter (1/4) (20 acres) in Section No. Thirty One (31) T of
Thirty six (36) Range No. Twenty four (24) containing in abt Two
Hundred and Sixty Acres (290) and situated in said county of St.
Clair and State of Missouri.
It is therefore Considered by the Court that the Plaintiff have and
Recover of said Deft the said sum of $2400 together with her costs
and charges in this behalf laid out and expended, and that Execution
issue therefor against the property Attached.
The Merchants Bank of St. Clair
vs
Pleasant M. Cox Deft
Civil Action on Promissory Note
Now at this time comes the Plaintiff by her Attorney. And the
Defendant being three times solemnly called comes not but herein
made default. Nor has he filed any answer whereby the suit remains
undefended, and it appearing by the Affidavit of the publisher of
the Missouri State Times a Weekly Newspaper printed and published at
the City of Jefferson, County of Cole and State of Mo. that the said
Defendant has been duly notified of the pending of this action b
publication in said Missouri State Times for four weeks successively
the last of said publication having been at least four weeks before
the first day of this term of this court, And this action being
founded on a Promissory Note for the direct payment of money whereby
the amount Plff ought to recover of Deft is ascertained the court
doth find that the Deft owes, and Justly stands indebted to
Plaintiff in the sum of Three Hundred fifty five & 46/100 Dollars
($355.46/100) debt and damages
Page 58:
April Term 1865
Regular April Term AD 1865 22 inst
And it further appearing by the return of the Sheriff of St. Clair
County that the following described Real Estate has been seized and
Attached as the property of said Deft to wit:
NW SW qr ESR, Sec 12 T36 R26
Lot 2 NW Sec 7 T36 R27
NW NE Sec 12 T36 R26
E ½ NE Sec 12 T36 R26
E ½ SE Sec 15 T38 R25
SE NE Sec 13 T38 R25
SW fl qr (NOR) Sec 17 T38 R25
NW fl (SOR) Sec 20 T38 R25
NE NE Sec 28 T38 R25
SW fl qr (SOR) Sec 13 T38 R25
Part NE qr Sec 20 T38 R25
SW NW Sec 27 T38 R25
E ½ SE Sec 20 T38 R25
part SW SE Sec 20 T38 R25
SW qr Sec 21 T38 R25
SE qr Sec 25 T38 R25
Off N East NE Sec 28 T38 R25
NW NW Sec 24 T38 R25
situated in said county of St. Clair and State of Mo.
It is therefore considered by the Court that the Plaintiff have and
recover of and from said Deft the said sum of $355.48/100 together
with her costs and charges in this behalf laid out and expended and
that execution issues therefore against the property Attached.
The Merchants Bank of St. Louis
vs
Pleasant M. Cox, Thomas A. Gardner & Jonas R. Dunn
Civil Action on Promissory Note
Now on this day comes the said Plaintiff by Atty and by leave of the
court dismisses her suit as to the Deft Thomas A. Gardner and Jonas
R. Dunn.
And the Deft Pleasant M. Cox being three times solemnly called comes
not but herein makes default nor has he filed any answer whereby
this suit remains undefended. And it appearing by the Affidavit of
the Publisher of the Missouri State Times a Newspaper printed and
published Weekly at the city of Jefferson in the County of Cole and
State of Missouri that the said Defendant has been duly notified of
the pending of this suit by Publication in said Newspaper for four
successive weeks of lawful Notice the last of said publication being
inserted at least four weeks before the first day of this term of
this court. And this Action being founded on a promissory Note for
the direct payment of money whereby the amount Plaintiff ought to
receive and recover of Deft is ascertained. The Court doth find that
the Deft owes and justly stands indebted to Plaintiff in the sum of
One Hundred Eighty Eight and 70/100 Dollars ($188.70) debt and
damages.
And it further appearing by the return of the Sheriff of St. Clair
County that the following described Real Estate situated in said
County has been seized and attached as the property of said Pleasant
M. Cox to wit:
Page 59:
April Term 1865
Regular April Term AD 1865 22 inst
The South West Quarter (1/4) of Sec 21 Twp 38 R 25 and South East
Quarter (1/4) of Sec. 21 Twp 38 R 25 containing Three Hundred and
twenty acres (320)
It is therefore considered by the Court that the Plff have and
recover of and from said Deft the said sum of $188.70/100 together
with his costs and charges in this behalf laid out and expended, and
that execution issue therefor against the property attached.
The Merchants Bank of St. Louis
vs
A.D. McClain, Peter W. Collins & Julius Hacker
No. 91
Civil Action on Promissory Note
Now at this day comes the Plaintiff by her Attorney and by leave of
Court dismisses her suit as to the Defts Peter W. Collins and Julius
Hacker.
And the Defendant A.D. McClain being three times solemnly called
comes not but herein makes default nor has he filed any answer
whereby this action remains undefended and it appearing by the
Affidavit of the publisher of the Missouri State Times a newspaper
printed and published weekly at the City of Jefferson County of Cole
and State of Mo that the said Deft has been duly notified of the
pending of this action by Publication in said Newspaper for four
successive weeks the last of said publication being inserted at
least four weeks before the first day of this term of this court.
And this Action being founded on a Promissory Note for the direct
payment of money whereby the amt Plaintiff ought to receive and
recover of Deft is ascertained The Court doth find that the Deft
owes and justly stands indebted to Plff in the sum of Two Hundred
forty three and 26/100 Dollars ($246.26) debt and damages.
And it further appearing by the return of the Sheriff of St. Clair
County that the following described Real Estate Situated in said
County has been seized and Attached as the property of said A.D.
McClain to wit:
The North East Quarter (1/4) and the South Half (1/2) of the NE
quarter (1/4) and North Half (1/2) S.E. quarter (1/4) and the North
East Quarter (1/4) of the South West Qr (1/4) of Section No. Sixteen
(16) Twp 37 R28 Also
North East Qr (1/4) and North Half (1/2) of South East Quarter of
Sec (17) Twp 37 R 28. And West Half of Sct No. One (1) And Twp (2)
in North West Qr (1/4) Sec 6 Twp 36 R28
It is therefore considered by the court that Plaintiff have and
recover of and from said Deft the said sum of $243.26/100 together
with his costs and charges in this behalf laid out and expended, and
that Execution issue therefor against the property Attached.
Page 60:
April Term 1865
Regular April Term AD 1865 22 inst
The Merchants Bank of St. Louis
vs
James Bryson, James A. Page and Snowden S. Morris
No. 39
Civil Action on Promissory Note
Now on this day comes the Plaintiff by her Attorney and by leave of
court dismisses this suit as to the Defts James Bryson and James A.
Page.
And the Deft Snowden T. Morris being three times solemnly called in
open court comes not but herein made default; nor has he filed any
answer whereby this action remains undefended; and it appearing by
the Affidavit of the publisher of the Missouri State Times a Weekly
Newspaper printed and published weekly at the City of Jefferson
County of Cole; that the said Defendant has been duly notified of
the pending of this suit by publication made in said Newspaper for
four successive weeks, the last of said publications being inserted
at least four weeks before the first day of this term of this Court.
And this action being founded on a Promissory note for the direct
payment of money whereby the amt Plaintiff ought to receive and
recover of Deft is ascertained the Court doth find that the Deft
owes and justly stands indebted to the Plff in the Just and full sum
of Two Hundred fifty two and 65/100 Dollars ($252.65) debt and
damages.
And it further appearing by the return of the Sheriff of St. Clair
County that the following described Real Estate situated in said
County has been attached and seized as the property of said Defts to
wit:
The East Half ½ of the North East Qr (1/4) and the North East Qr
(1/4) of the South East qr (1/4) of Sec “Eleven” (11) Twp Thirty
Seven (37) Range 27 Also the South West quarter ¼ and the West Half
(1/2) of the South East qr (1/4) of sec. No. Twelve (12) in Twp
Thirty Seven (37) Range 27 containing Three Hundred and Sixteen
acres.
It is therefore considered by the court that the Plaintiff have and
recover of and from the said Deft the said sum of $252.65/100
together with his costs and charges in this behalf laid out and
expended, and that execution issue therefor against the property
attached.
The Merchants Bank of St. Louis
vs
A.G. Chilton
Civil Action on Promissory Note
Now on this day comes the Plaintiff by his Atty – and the Deft being
three times solemnly called in open court comes not but herein makes
default; nor has he filed any answer to the Plffs demand whereby
this suit remains undefended and it appearing from the Affidavit of
one of the publishers of the Missouri State Times a Weekly Newspaper
printed and published at the city of Jefferson County of Cole and
State of Mo. that the Deft has been duly notified of the pending of
this suit by publication made in said Newspaper for four consecutive
weeks, the last of said
Page 61:
April Term 1865
Regular April Term AD 1865 22 inst
publication being inserted at least four weeks before the first day
of this term of this court; and this suit being founded on a
Promissory Note for the direct payment of money – whereby the amount
Plaintiff ought to recover of Deft is ascertained. the Court doth
find that the Deft owes and stands indebted to the Plff in the just
and full sum of One Hundred Eighty Nine and 88/100 Dollars ($189.88)
debt and damages.
And it further appearing by the return of the Sheriff of St. Clair
County that the following described Real Estate situated in said
County has been attached and levied upon as the property of said
Defendant to wit:
[space]
It is therefore considered by the court that the Plaintiff have and
recover of and from the said Deft the said sum of $189.88 together
with her costs and charges in this behalf laid out and expended and
that Execution issue therefore against the property attached.
The Merchants Bank of St. Louis
vs
Elisha Bridges, Harden Meeks and Elias Disney
Civil Action on Promissory Note
Now at this day comes the Plaintiff by her Atty and by leave of
court dismisses this action as to the Deft Harden Meeks.
And the Defendants Elisha Bridges and Elias Disney being three times
solemnly called in open court come not but herein made default, and
it appearing from the return of the Sheriff of St. Clair County that
the said Defts have each of them been duly and personally served
with notice of the pending of this Action at least fifteen days
before the first day of this term, of this court, And this Action
being founded on a Promissory Note for the direct payment of money
whereby the amount Plff ought to receive and recover of the Deft is
ascertained; the Court doth find that the said Defts owe and stand
indebted to the Plff in the Just and full sum of Three Hundred
Eighty Nine and 77/100 Dollars, debt and damages.
It is therefore considered by the Court that the Plff have and
recover of the said Defts the said sum of $389.77 together with her
cost and charges in this behalf made, laid out and expended, and
execution issue therefor against the property of said Defendants.
Page 62:
April Term 1865
Regular April Term AD 1865 22 inst
The Merchants Bank of St. Louis
vs
114
George Preston, James Preston et al
Civil Action on Note
Now on this day comes the Plaintiff by her Atty and the Defts not
appearing this cause is continued at the prayer of Plff.
The Merchants Bank of St. Louis
vs
118
Jacob Sayler & C.G. Browning
Civil Action on Promissory Note
Now on this day comes the Plaintiff by her Atty and by leave of
court dismisses this action as to the Defts Susan Browning Admnx of
the Estate of C.G. Browning decd and [space] Baker.
And the Defendant Jacob Sayler being three times solemnly called in
open court came not but herein made default, nor has he filed any
answer whereby this action remains undefended. And it appearing by
the return of the Sheriff of Pettis County Missouri that the said
Deft has been duly and personally served with Notice of the pending
of this suit at least fifteen days before the first day of this term
of this court
And this Action being founded on a Promissory note for the direct
payment of money whereby the Amt Plff ought to recover of Deft is
ascertained. The Court doth find that Deft owes and stands indebted
to Plff in the Just and full sum of Four Hundred Seventy Eight and
15/100 Dollars debt and damages
It is therefore considered by the court that the Plaintiff have and
recover of and from the said Deft the said sum of $478.15 together
with his costs and charges in this behalf laid out and expended and
that execution issue therefor against the property of said
Defendant.
Page 63:
April Term 1865
Regular April Term AD 1865 22 inst
The Merchants Bank of St. Louis
vs
Tignell Bailey and Jonathan Culbertson and Jesse Fowler
No. 92
Civil action on promissory note
Now on this day comes the Plaintiff by her Attorney, and the
Defendant Tignell Bailey being three times solemnly called in open
Court, comes not, but herein makes default, nor has he filed any
answer, whereby this action remains undefended and it appearing from
the affidavit of one of the publishers of the Missouri State Times a
weekly newspaper published at the City of Jefferson, County of Cole,
and State of Missouri, that the said Defendant has been duly
notified according to law, of the pending of this suit by
publication in said newspaper for four consecutive weeks, the last
of said publications having been made at least four weeks before the
first day of this term of this Court and it appearing that this an
action on a prommissory note, whereby the amount which the Defendant
ought to pay to the Plaintiff is found and ascertained, and the said
amount is due and owing found to be the sum of One Hundred Twenty
six 41/100 Dollars debt and damages.
And it further appearing from the return of the Sheriff of St. Clair
County, that the following described lands situated in said county
have been seized and attached as the property of said Defendant
Bailey to wit. The South part of the West half (1/2) of the South
West Quarter of Sec. No. Twenty nine (29) Township Thirty seven (37)
Range Twenty four (24) containing sixty (60) acres.
It is therefore considered by the court that the said Plaintiff have
and recover of the said Defendant, the said sum of One Hundred
twenty six 41/100 Dollars together with her costs and charges laid
out and expended herein and that an Execution issue against the
property attached.
The Merchants Bank of St. Louis
vs
R.S. Nance, J.D. Sims and W.J. Nance
No. 120
Civil action on prommissory note
Now at this day comes the Plaintiff by her Attorney and by leave of
Court first had and obtained dismisses this suit as to the
Defendants John D. Sims and William J. Nance.
And the Defendant Reuben J. Nance being three times solemnly called
in open Court, came not but herein made default, nor has he filed
any answer in Plaintiffs claim, whereby this suit remains
undefended. And it appearing from the return of the Sheriff of St.
Clair County, that said Defendant has been duly & personally served,
with lawful notice of the pending of this action, at least fifteen
days before the first day of this term of this Court, and this being
a suit on a prommissory note for the direct payment of money,
whereby the amount which the Defendants ought to pay to Plaintiff is
ascertained, the Court finds
That the amount due and owing to said Plaintiff from said Defendants
is One Hundred twenty five 72/100 Dollars $125.72/100 debt &
damages.
It is therefore considered by the Court, that the Plaintiff ought to
recover of the Defendant Reuben S. Nance the said sum of One hundred
twenty five 72/100 Dollars together with his costs and charges laid
out and expended herein and that Execution herefore is due against
the property of said Defendant.
Page 64:
April Term 1865
Regular April Term AD 1865 22 inst
The Merchants Bank of St. Louis
vs
George W. Casey, W.H. Martin and Thomas N. Henley
No. 132
Civil action on Bill of Exchange
Now at this day comes the Plaintiff in his action by her attorney &
by leave of Court dismisses her suit as to the Defendants William K.
Martin and Thomas N. Henley.
And the Defendant George W. Casey being three times solemnly called
in open Court, came not but herein made default, nor has he filed
any answer. Whereby this suit remains undefended. And it appearing
from the return of the Sheriff of St. Clair County, Missouri, that
said Defendant has been duly & personally served with lawful notice
of the pending of this suit, at least fifteen days before the first
day of this term of this Court, and this being an action on a Bill
of Exchange for the direct payment of money, whereby the amount the
Defendant ought to pay the Plaintiff is ascertained the Court doth
find that the Defendant owes and stands indebted to the Plaintiff in
the just and full sum of One hundred twenty seven 10/100 Dollars
($127.10/100) debt and Damages. It is therefore considered by the
court that Plaintiffs have & recover of & from the said Defendant
the said sum of one hundred twenty seven 10/100 Dollars together
with his costs and charges laid out and expended herein and that
execution issue therefor against the property of said Defendant.
The Merchants Bank of St. Louis
vs
George W. Quinn & Thomas Rickey Administrators of the estate of
James Rickey deceased
No. 126
Civil action on prommissory note
Now at this day comes the Plaintiff by her Attorneys and the
Defendants being three times solemnly called in open court, came not
but herein made default, nor have they or either of them filed any
answer herein whereby this suit remains undefended, and it appearing
from the return of the Sheriff of St. Clair County Missouri that
each of said Defendants have been duly & personally served with
lawful notice of the pending of this suit at least fifteen days
before the first day of this term of this Court. And this being an
action on a prommissory note for the direct payment of money,
whereby the amount the defendant ought to pay the Plaintiff is
ascertained, the Court doth find, that the defendant owes and stands
indebted to Plaintiff in the just and full sum of Six Hundred Eight
38/100 ($608.38) debt and Damages. It is therefore considered by the
Court that the Plaintiff have and recover of the said Defendants the
said sum of Six Hundred Eight 38/100 Dollars ($608.38/100) debt and
Damages with his costs and charges laid out and expended herein, and
that execution issue against the property of said Defendants.
Page 65:
April Term AD 1865
Regular April Term AD 1865 22 inst
The Merchants Bank of St. Louis
vs
Columbus Hahn, John C. Greenwell and Merrill G. Phillips
No. 134
Civil action on prommissory note
Now at this day comes the Plaintiff by her Attorney and by leave of
Court first had dismisses this suit as to the Defts Columbus Hahn &
Merrill G. Phillips
And this being an action on a prommissory note for the direct
payment of money, and the trial of the issue joined between the said
plaintiff and the said Defendant Greenwell having been referred to
the Court by the consent of the said parties, the Court sitting as a
jury doth find that the Defendant owes and stands justly indebted to
Plaintiff, in the sum of Two hundred twenty four 88/100 Dollars
($224.88/100) debt and Damages.
It is therefore considered by the Court that the Plaintiff have and
recover of and from said Defendant Greenwell the said sum of
($224.88/100) Two Hundred twenty four 88/100 Dollars, together with
his costs and charges, laid out and expended herein, and that
Execution issue therefor against the property of said Defendant.
The Merchants Bank of St. Louis
vs
William Rice
No. 135
civil action on prommissory note
Now on this day comes the Plaintiff by her Attorney and the
Defendant being three times solemnly called, comes not, but herein
makes default, nor has he filed any answer whereby this suit remains
undefended And it appearing from the return of the Sheriff of St.
Clair county Missouri that the said Defendant has been duly &
personally served with legal notice of the pending of this action at
least fifteen days before the first day of this term of this Court,
and this being an action on a prommissory note for the direct
payment of money whereby the amount the Defendant ought to pay the
Plaintiff is ascertained, the Court doth find the Defendant owes and
stands indebted to Plaintiff in the just and full sum of One Hundred
twenty one 50/100 Dollars ($121.50/100) debt & Damages.
It is therefore considered by the Court that Plaintiff have and
recover of the Defendant the said sum of one hundred twenty one
50/100 Dollars together with his costs & charges laid out and
expended herein and that Execution issue therefor against the
property, lands & tenements, goods, chattels and effects of said
Defendant.
Page 66:
April Term 1865
Regular April Term AD 1865 22 inst
The Merchants Bank of St. Louis
vs
Hezekiah Thompson, Jesse Fowler and B.C. Bratcher
No. 150
Civil action on prommissory note
Now at this day comes the Plaintiff by her Attorney & by leave of
the Court dismisses this action as to the Defendants B.C. Bratcher
and Jesse Fowler.
And the Defendant Hezekiah Thompson being three times solemnly
called in open Court, comes not, but herein makes default nor has he
filed any answer Whereby this suit remains undefended. And it
appearing from the return of the Sheriff of St. Clair county
Missouri, that said Defendant has been duly & personally served with
notice of the pending of this action at least fifteen days before
the first day of this term of this Court, and this being an action
on a prommissory note for the direct payment of money, whereby the
amount which Defendant ought to pay to Plaintiff is ascertained, the
Court doth find that Defendant owes & stands indebted to Plaintiff
in the just and full sum of one hundred fifty one 22/100 Dollars,
debt and damages.
It is therefore considered by the Court that the Plaintiff have and
recover from the Defendant Hezekiah Thompson, the said sum of one
hundred fifty one 22/100 ($151.22/100) together with his costs &
charges laid out and expended herein, and that execution issue
therefor against the property of said Defendant.
The Merchants Bank of St. Louis
vs
Albert Phillips and Willis Phillips
No. 139
Civil action on prommissory note
Now at this day comes the Plaintiff by her Attorney and the
Defendant appears not, and it appearing from the return of the
Sheriff of St. Clair County, that said Defenants are not to be found
within his jurisdiction, on motion of Plaintiffs Attorneys,
publication is ordered to be made as to the Defendant Albert
Phillips, and an alias writ of Summons is ordered to be issued, as
to the Defendant Willis Phillips, directed to the Sheriff of [space]
County returnable at the next term of this Court.
The Merchants Bank of St. Louis
vs
John W. Beckley and Jonathan Culbertson
No. 143
Civil action on Bill of Exchange
Now at this day comes the Plaintiff by her Attorney and Defendants
coming not, on motion of Plaintiff’s Attorney, an alias writ of
Summons is ordered to issue against the Defendant John W. Beckley,
directed to the Sheriff of Pettis County Missouri, returnable at the
next term of this Court, and the cause stand continued until said
next term.
Page 67:
April 1865
Regular April Term AD 1865 22 inst
The Merchants Bank of St. Louis
vs
Samuel Evans, William A. Radford and H.H. Miller
No. 140
Civil action on prommissory note
Now on this day comes the Plaintiff by her Attorney, and moves the
Court to dismiss this action as to the Defendants Samuel Evans and
H.H. Miller which is accordingly done
And the Defendant William A. Radford being three times solemnly
called in open Court comes not, but herein makes default, nor has he
filed any answer to Plaintiffs petition, whereby this Court remains
undefended, and it appearing by the return of the Sheriff of St.
Clair Co. that the said Defendant Radford has been duly and
personally served with legal notice of the pending of this action at
least fifteen days before the first day of this term of this Court,
and this being a suit on a prommissory note, for the direct payment
of money, whereby the amount which Defendant ought to pay to
Plaintiff is ascertained, the Court doth find that the Defendant
owes and stands indebted to Plaintiff in the just and full sum of
One Hundred and fifty Dollars, ($150) debt and Damages.
It is therefore considered by the Court that the Plaintiff have &
recover of Defendant the said sum of One Hundred & fifty Dollars,
together with the costs and charges in this behalf laid out and
expended, and that execution issue thereon against the property of
said Defendant Wm. A. Radford.
The Merchants Bank of St. Louis
vs
Merrill G. Phillips & Reuben Vaughan administrators estate of
Obediah Vaughan decd
No. 141
Civil action on prommissory note
Now on this day comes the Plaintiff by her Attornies and Waives the
Defendants by their Attornies, and by consent of the parties the
cause stands continued until the next term of this Court.
The Merchants Bank of St. Louis
vs
Willis Phillips and Wilson Garrett
No. 145
Civil action on Bill of Exchange
Now on this day comes the Plaintiff by her Attorneys and the
Defendant coming not, on motion of the Plaintiff, the cause if
continued until the next term of this Court.
The Merchants Bank of St. Louis
vs
Thomas J. Gardner
No. 146
Civil action on Bill of Exchange
Now on this day comes the Plaintiff by her Attorneys and the
Defendant coming not, on motion of Plaintiff the cause is continued
until the next term of this Court.
Page 68:
April Term 1865
Regular April Term AD 1865 22 inst
The Merchants Bank of St. Louis
vs
Edward Landon, John Landon and William A. Roath
No. 155
Civil action on prommissory note
Now on this day comes the Plaintiff by his Attornies and the
Defendants coming not, on motion of Plaintiff. This cause is
continued until the next term of this Court.
The Merchants Bank of St. Louis
vs
James Todd, John B. Todd and James M. Delozier
No. 156
Civil action on Bill of Exchange
Now on this day comes the Plaintiff by her Attornies and likewise
comes the Defendant John B. Todd, and it appearing & being shown to
the Court by satisfactory evidence, that the said John B. Todd was
at the date of the commencement of this action a soldier in the
actual military service of the State of Missouri, it is considered
by the Court and ordered that this suit be dismissed as to the said
Defendant John B. Todd. That the Defendant James Todd being three
times solemnly called in open Court comes not but herein makes
default nor has he filed any answer, whereby this suit remains
undefended, and it appearing by the return of the Sheriff of St.
Clair County that said Defendant has been duly served with notice of
the pending of this action, at least fifteen days before the first
day of this term of this Court, and this being an action on a Bill
of Exchange for the payment of money, whereby the amount which
Defendant ought to pay to Plaintiff is ascertained, the Court doth
find that the Defendant owes & stands indebted to Plaintiff in the
just and full sum of One hundred and twenty two 55/100 (122.55/100)
Dollars debt and damages.
It is therefore considered by the Court that Plaintiff have and
recover from the Defendant the said sum of One Hundred twenty two
55/100 Dollars together with his costs & charges in this behalf laid
out and expended, and that Execution thereon issue against the
property of said Defendant.
O.B. Copeland and William B. Robertson
vs
Sterling Cooper & Robert Meredith
No. 162
Unlawful Detainer
Now on this day comes the Plaintiff by his Attorney and by leave of
the Court files his amended Petition herein and it is thereupon
ordered by the Court that the Defendants file their answer thereto
on or before the [space] day of the next term of this Court.
[Note: Microfilm does not contain page 69 and 70.]
Page 71:
April Term 1865
Regular April Term AD 1865 22 inst
Mary H. Earnest as administratrix of the estate of Mary Allen
deceased
vs
King C. Allen & William D. Allen
No. 158
Civil action on prommissory note
Now at this day comes the Plaintiff by her Attorney and moves the
Court for leave to dismiss her action against the said Defendants
which is accordingly done with permission to said Plaintiff to
withdraw from the files the note sued on in this action.
F. M. Cole
vs
W.E. Swearingen, Micajah Edwards, B.R. Kiger and A.J. Woods
No. 159
Civil action on promissory note
Now at this day comes the Plaintiff by his Attorney and moves the
Court for leave to dismiss his action against the said Defendants,
which is accordingly done, with permission to said Plaintiff to
withdraw from the files all the papers in the case.
Anderson Morton
vs
Elias Disney, David Hall and John Smith
No. 157
Civil action on promissory note
Now on this day comes the Plaintiff by his Attorney & by leave of
the Court dismisses his action as to the Defendant Elias Disney and
the Defendants David Hall and John Smith being three times solemnly
called in open Court, come not but herein make default, nor have
they filed any answer whereby this action remains undefended And it
appearing by the return of the Sheriff of St. Clair County Mo. that
the said David Hall has been duly and personally served with notice
of the pending of this action at least fifteen days before the first
day of the this term of this Court. And it further appearing by the
return of the Sheriff of Cedar County Missouri duly served that the
Defendant John Smith has been duly and personally served with notice
of the pending of this action at least fifteen days before the first
day of this term of this Court, and this being an action on a
prommissory note and on an account and the sum and amount which the
Defendant ought to pay Plaintiff there having been found by the
Court setting as a Jury on said account and note, by satisfactory
evidence presented and heard. And the Court doth find that the
Defendants owe and stand indebted to Plaintiff in the just & full
sum of Two Hundred twenty three 78/100 ($223.78/100) debt and
damages.
It is therefore considered by the Court that the Plaintiff have &
recover of the Defendant the said sum of two Hundred twenty three
78/100 Dollars debt & damages together with his costs & charges laid
out & expended in this behalf, and that execution issue therefore
against the property of said Defendants.
Page 72:
April Term 1865
Regular April Term AD 1865 22 inst
The Merchants Bank of St. Louis
vs
William Kennedy, Jacob Sayler and Laurance Lewis & S.S. Stearnes
No. 85
Civil action on prommissory note
Now at this day comes the Plaintiff by her Attorney and by leave of
Court dismisses this action as to the Defendants Stinson & Stearnes
And the Defendants William Kennedy, Jacob Sayler, and Laurance
Lewis, being three times solemnly called, come not, but herein make
default, nor have they or either of them filed any answer whereby
this action remains undefended. And it appearing by the return of
the Sheriff of Pettis county Missouri, that the Defendant Jacob
Sayler has been duly and personally served with notice of the
pending of this action, at least fifteen days before the first day
of this term of this Court. And by return of the Sheriff of Henry
County Missouri, that the Defendant Laurance Lewis has been in the
manner personally served with notice of the pending of this action
at least fifteen days before the first day of this term of this
Court and by [space]
And this being an action on a promissory note for the direct payment
of money, whereby the amount the Defendants ought to pay Plaintiff
is ascertained the Court doth find, that the Defendants owe and
stand indebted to Plaintiff in the just and full sum of Four Hundred
and twenty Dollars ($420) debt & damages. And it further appearing
by the return of the Sheriff of St. Clair County Missouri that the
following described real estate situated in said county has been
seized and attached as the property of said Defendant Kennedy to wit
Two hundred and fifty two (252) feet square off from the South West
quarter of Section Twenty (20) Township Thirty Eight (38) Range
Twenty four (24) containing one acre and 50/100
It is therefore considered by the Court, that Plaintiff have and
recover of and from said Defendants the said sum of Four Hundred and
twenty Dollars ($420) together with her costs and charges in this
behalf had and expended and that Execution issue therefor against
the goods and property, lands and tenements of said Defendants Jacob
Sayler and Laurance Lewis and that as to the Defendant William
Kennedy
Page 73:
April Term 1865
Regular April Term AD 1865 22 inst
The Merchants Bank of St. Louis
vs
John C. Greenwell & Nancy Bunch Administrators of the estate of John
C. Bunch deceased and Henry Drury Public Administrator having in
charge the estate of Pearson Snyder deceased
No. 127
Civil action on promissory note
Now at this day comes the Plaintiff by her Attorneys and the
Defendant Henry Drury public administrator, being three times
solemnly called in open Court comes not, but herein makes default,
nor has he filed any answer herein, and thereupon come the
Defendants John C. Greenwell and Nancy Bunch administrators of the
estate of John C. Bunch deceased by their Attorney, and this being
an action on a prommissory note for the direct payment of money,
whereby the amount the Defendants ought to pay the Plaintiffs is
ascertained, and the trial of this cause being by consent of the
parties referred to this Court sitting as a Jury. The Court doth
find that the Defendants are justly indebted to the Plaintiffs on
said note in the sum of Three Hundred three 20/100 Dollars
(303.20/100) debt and Damages.
It is therefore considered by the Court that the Plaintiff have &
recover of said Defendants the said sum of Three Hundred three
20/100 Dollars (303.20/100) together with her costs and charges in
this behalf laid out and expended and that Execution issue therefore
against the property of said Defendants.
The Merchants Bank of St. Louis
vs
William H. Scobey
No. 134
civil action on prommissory note
Now at this day comes the Plaintiff by her Attorneys, and likewise
comes the Defendant, and the said Defendant having filed his motion
to dismiss this action on the ground that he is a soldier in the
service of the State of Missouri by consent of parties, this cause
is continued until the next term of this Court.
The Merchants Bank of St. Louis
vs
John J. Scott and B.R. Ashworth administrators of the Estate of
Garner Phillips and Joseph D. Deer
No. 122
Civil action on prommissory note
Now on this day comes the Plaintiff by her Attys and the said
Defendants and each of them, being three times solemnly called,
comes not but herein make default nor have they nor either of them
filed any answer whereby this action remains undefended. And it
appearing by the return of the Sheriff of St. Clair County Missouri,
that the said Defendants and each of them have been duly and
personally served with notice of the pending of this suit, at least
fifteen days before the first day of this term of this Court, and
this being an action on a promissory note for the direct payment of
money, whereby the amount the Defendant ought to pay the Plaintiffs
is ascertained the Court doth find that the Defendants owe and stand
indebted to Plaintiff in the sum of one Hundred fifty six 63/100
Dollars ($156.63/100) debt and Damages
It is therefore considered by the Court, that the Plaintiff have &
recover of the said Defendants, the said sum of One Hundred fifty
six 63/100 Dollars
Page 74:
April Term 1865
Regular April Term AD 1865 22 inst
together with her costs & charges laid out and expended, and that
Execution issue therefor against the property and effects goods
chattels lands and tenements of Said Defendants.
The Merchants Bank of St. Louis
vs
Daniel E. Young, James M. Breckenridge and Thuron M. Tabor
No. 90
Civil action on Bill of Exchange
Now on this day comes the Plaintiff by her Attorney and by leave of
the Court dismisses this suit as to the Defendant Daniel E. Young,
and the Defendants James M. Breckenridge & Theron M. Tabor being
three times solemnly called in open Court come not but herein make
default, nor have they filed any answer whereby this action remains
undefended, and it appearing by the affidavit of one of the
publishers of The Missouri State Times, a weekly newspaper printed
and published at the city of Jefferson County of Cole & State of
Missouri that the said Defendants have been duly notified of the
pending of this action by publication in a newspaper for four
successive weeks the last of said publication having been made at
last four weeks before the first day of this term of this Court, and
this being an action on a Bill of Exchange for the direct payment of
money, whereby the amount Defendants ought to pay to Plaintiff is
ascertained, the Court doth find that the Defendants owe and stand
justly indebted to Plaintiff in the sum of Six Hundred thirty three
60/100 ($633.60) debt and Damages.
And it further appearing by the return of the Sheriff of St. Clair
County Missouri that the following described real estate situated in
said county has been attached as the property of said Defendant
Breckenridge to wit.
Part of the NE qr Sec 7 T37 R27
Also SW SE & SE SW qr Sec 8 T36 R28
NE SW Sec 5 T36 R28
NW NE Sec 8 T36 R28
NE NW Sec 8 T36 R28
W ½ & NE NE Sec 12 T37 R28
W ½ SE qr Sec 22 T27 R28
NW NE Sec 17 T39 R28
Lot NW Sec 31 T38 R28
It is therefore considered by the Court that the Plaintiff have and
recover of the said Defendants the said sum of Six hundred thirty
three 60/100 Dollars ($633.60) together with her costs and charges
in this behalf laid out and expended and that Execution issue
therefor against the property attached.
Page 75:
April Term 1865
4th day Regular April Term 1865 Saturday 22nd Instant
Samuel H. Martin – Plff
against
Wm. W. Ritchey – Deft
Civil Action by attachment
Now at this day Comes into open Court Broadis G. Roberts, who is
known to the Court to be the Sheriff of St. Clair County Mo. and
acknowledges this action by him of a deed of Conveyance transferring
all the legal title Claim and interest of Wm. W. Ritchey of in and
to the following Real Estate situate in said County of St. Clair Mo
to Joel Abbott vis The South East qr of Section No. Eleven (11) of
Township No. Thirty Six (36) of Range No. (26) Twenty Six west which
was sold under execution of such in this Court.
David T. Short – Plff
Against
John McMurtey – Deft
Civil Action by Attachment
Now at this day Comes into open Court Broadis G. Roberts who is
known to the Court to be the Sheriff of the County of St. Clair and
acknowledge the execution by him as Sheriff aforesaid a deed of
Conveyance to Joel Abbott conveying all the legal right title claim
and interest which John McMurhy had of by or to the following real
estate situate in said County of St. Clair in the East Half of
Section No. Nine of Township No. Thirty Eight of Range No. Twenty
Eight West Sold by him under execution issued in this above called
cause.
James M. Hoover – Plff
against
Wm. H. Trollinger – deft
Civil Action by Attachment
Now at this day Comes into open Court Broadis G. Roberts who is
known to the court to be the Sheriff of the County of St. Clair and
acknowledges the execution by him as sheriff aforesaid a deed of
conveyance to Anderson Morton conveying all the legal right title
claim and interest which Wm. H. Trollinger had of by or to the
following real estate situated in said County of St. Clair viz E ½
of SW ¼ of Sec 25 Town 38 Range 27 West sold by him under execution
issued in this Cause.
David T. Short – Plff
Against
John M. Murtry – Deft
Civil Action by Attachment
Now at this day comes into open court Broadis G. Roberts who is
known to the court to be the Sheriff of the County of St. Clair and
acknowledges the execution by him as sheriff aforesaid a deed of
conveyance to Anderson Morton conveying all the legal right title
claim and interest which John McMurtry had of by or to the following
real estate situated in said County of St. Clair viz W ½ SW & W ½
Lot one NW Sec 3 & E ½ SW & SW SW Sec 10 T38 R28 W sold under
execution in this cause.
Page 76:
April Term 1865
4th Day Regular April Term AD 1865 Saturday 22 Inst
James Hoover – Plff
against
Wm. Orr & John Fleming – Deft
Civil Action by Attachment
Now at this day Comes into open Court Broadis G. Roberts who is
known to the Court to be the Sheriff of St. Clair County and
acknowledges the execution by him of a deed of Conveyance
Transferring to Anderson Morton all the legal title, claim and
demand of Wm. Orr & John Fleming of in and to the following real
estate situate in said county viz SE ¼ Sec 20 Town 37 Range 27 & W ½
NE ¼ Sec 5 Town 36 Range 27 sold under execution in this cause.
John Whitehead Administrator & Hesakiah Snyder admr of the Estate of
Ridossor S. Snyder decd – Plff
Against
William F. Crenshaw
Civil Action on note by Attachment
Court
Now at this day comes into open Court Broadis G. Roberts who is
Known to the Court to be the Sheriff of St. Clair County and
acknowledged the execution by him of a deed of conveyance
transferring to D.P. Shield all the right title claim and demand of
William F. Crenshaw of in and to the following real estate situate
in said county viz NW ¼ of NW ¼ of Section (34) Thirty four Township
(38) thirty Eight Range (25) under execution in this cause.
Carried over to page 182.
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