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St. Clair County Circuit Court
Microfilm Transcripts
APRIL TERM 1866
Page 81:
April Term 1866
Regular April Term of the Circuit Court of St. Clair County Mo AD
1866.
At the Regular Term of the St. Clair Circuit Court began and holden
in the Court House in the Said County of St. Clair, on the 16th day
of April AD 1866
Present Hon. Burr H. Emerson, Cir. Judge
Broadus G. Roberts Sheriff
C.B. Starkey, Clerk
S.S. Burdett Cir. Atty.
Now at this day, the Sheriff of St. Clair County, having in
obedience to a Vinire Facias issued by the clerk of St. Clair
Circuit Court, Commanding him Said Sheriff to Summon Forty lawful of
men of his County, to Serve as Jurors, at the regular Term thereof,
returned into Court, the following named persons:
Andrew McGibbems, William O. Mead, A.D. Whitford, William George,
William Deshazo, Charles Lane, Jackson Gordon, John L. Ross, Mathew
Salsberry, James Cauthon, Thomas Robertson, John Cramer, N.C.
Copenhaver, William Williamson, John Morse, Jesse Eblin, William O.
Morlin, Jesse Rekter, George W. Short, Hugh Allison, Alfred Hartman,
A.B. Puck, Jeremiah Ray, James Cater, Daniel Shippie, Ephriam M.
Lutes, Mark Stewart, J.H. Smith, James McClannahan, Noah Graham,
William H. Burchett, Bruce Jones, L.R. Patterson, Daniel Morical,
Richard Lenix, Mark Renfro, Henry H. Hernden, John Budd, Jabel Brown
and Levi H. Croy in presence of the Court: and thereupon the clerk
under direction of the court preceded to draw the names of persons
to Compose the Grand Jury the number being apportioned to each
Township respectively and the following named persons were drawn
From Osceola Township, Andrew McGibbens, William Williamson, Mark
Stewart.
Washington Township, William O. Martin, Wm. H. Burchett and Charles
Lane.
Monigaw Township, George W. Short and A. Bruce Jones.
Jackson Township Thomas Robertson, James Cates, Henry H. Herndon.
Polk Township A.B. Puck, James Cauthon and Jeremiah Ray.
Speedwell Township John Budd, and Levi H. Croy.
Sixteen Lawful men, who were duly Sworn, and empanelled as a grand
inquest, for the State of Missouri, and for this County of St. Clair
who after receiving their charge from the Court, retired to consider
of Their presentments, and for Good Cause Shown to the court, it is
considered by the Court that Daniel Morical, be excused, from
further Services, as a Juror at this Term of the Court.
Now at this day Comes Alfred M. Head, and presents to this court,
his petition to have certain disabilities removed which were imposed
on him by the 3rd Section of the 2nd Article of the Constitution of
the State of Missouri Adopted AD 1866.
Page 82:
April Term 1866
1st Aug. Regular April Term 1866 16 inst
State of Missouri
vs
William Martin
Now at this day Comes the defendant and by his attorney and moves
this Court to have the Indictment Quashed in the above entitled
cause, which motion by the Court is Sustained; and the following
named persons, having been Suppoened as witnesses in the above
written Cause vs Benjamin Elkins, & James Rayman Comes forward and
Claimed for their attendance as follows; Benjamin Elkins, for 6
miles Travel and one days time $1.64. James Rayman $3.64.
Ordered that Court adjourn till tomorrow morning 8 oclock, at which
time Court will Convene, in a house recently occupied by Landes &
Johnson, as a Store house in the town of Osceola in the County of
St. Clair & State of Missouri.
Burr H. Emerson
Cir Judge
Court met at 8 oclock Sunday morning April 1st AD 1866: pursuant to
adjournment.
State of Missouri
vs
Richard D. Deer
Indictment for
It is ordered by the court that D. Reese attorney at law, be and is
hereby appointed Circuit attorney protem to prosecute for the State
of Missouri in this course; for the reason that S.S. Burdett,
Circuit attorney is counsel for the defendant and the Said D. Reese
being in court here accepts said appointment, and agrees to
prosecute for the State aforesaid in this cause. The witness, on
having been Summoned on the part of the State, and the Counsel
appearing for the defendant, it is therefore ordered by the court
that the Sheriff of St. Clair County forthwith Summon a Jury for the
trial of this cause, which was accordingly done and the following
named persons, were by him Summoned to try the above mentioned cause
to wit
Wm. O. Mead, Peter Y. Morse, J.H. Smith, S.D. Whitten, Jesse Eblin,
Wm. George, William Deshazo, John Cranmer, Jackson Gorden, Richard
Lenix, Mark Renfro & Joshua Whitaker all of whom having been duly
Sworn proceeded to hear the evidence in Said Cause: the following
named persons were then brought forward as witnesses on the part of
the State Ann W. Todd & Cyrenas Todd, having been heard by the Jury
Page 83:
April Term 1866
2nd day Regular April Term 1866 17th inst
that was empanelled, and Sworn to try said cause, were discharged
and the following named persons were then called as witnesses on the
part of the defendant, to wit. Wm. Fisher, Wm. B. Robertson, Wm.
Deshazo, & David Hall, whose testimony being heard (were discharged)
whereupon the Jury aforesaid retired to consider the evidence and
make a verdict in Said Cause. The Jury having Considered the
evidence in Said cause, returned here into court in words and
figures as follows: “We the Jury, find the defendant not guilty as
Charged in manner and form in the Indictment. S.D. Whitten Foreman”
It is therefore ordered by the Court that the defendant, Richard D.
Deer, be acquitted, and from his recognizance discharged, and he go
hence thereof without day.
State of Missouri
vs
William L. Browning
State of Missouri
vs
Abraham Cole, James Shaver, John M. Hutton
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf, as well as the Said defendants in
their own proper persons and by attorney, and thereupon the Said
defendants file herein there motion to have the Indictment Quashed
in Said cause which motion is by the court Sustained It is therefore
ordered by the court that the defendants in Said Cause be acquitted
and from their recognizance discharged and that they go hence
thereof without day.
Page 84:
April Term St. Clair Circuit Court Tuesday April 17 AD 1866
State of Missouri
vs
John D. Smith & Wm. C. Reader
Indictment for Robbery
Now at this day comes the Circuit attorney who prosecutes for the
State of Missouri in this behalf, as well as the Said defendants in
their own proper persons and by attory, and thereupon the Said
defendants by leave of the court file herein motion to have the
Indictment quashed in this cause which motion is Sustained by the
court. It is therefore ordered by the court that the Defendants in
said cause be acquitted and from their recognizance discharged and
that they go hence thereof with day.
Now at this day comes John D. Abbott, Attorney at Law, and asks
leave of the Court, to take, in open Court the oath of Loyalty
prescribed by the Constitution of the State of Missouri adopted in
1865, which is granted.
State of Missouri
vs
Benjamin K. Pace
Indictment for
Now at this day comes again comes the Circuit Attorney who
prosecutes for the State of Missouri in this behalf, as well as the
Defendant in his own proper person and by Attorney and thereupon, by
leave of the Court, the said Circuit Attorney, enters in above cause
a Nolle prosique. It is therefore ordered by the Court that Said
Defendant be discharged from his recognizance and that he go hence
thereof without day.
Ordered that Court adjourn until one oclock this evening.
One oclock P.M. Tuesday the 17th of April AD 1866.
Court met pursuant to adjournment. Present as in the forenoon.
State of Missouri
vs
Sterling Cooper
Indictment for Grand Larceny
Now at this day comes the said Sterling Cooper in his own proper
person and by Attorney, and asks that this cause be continued until
the next term of this Court, which by the Court is granted.
Page 85:
April Term 1866
April Term St. Clair Circuit Court Tuesday April 17th AD 1866
State of Missouri
vs
Wm. B. Looney
Now at this day comes the Defendant by his Attorney and asks that
this cause be continued until the next term of this Court which
continuance is granted by the Court.
State of Missouri
vs
William J. Hutton
Now at this day comes the Circuit Attorney who prosecutes for the
State of Missouri in this behalf and States to the Court that the
Defendant William J. Hutton, as principal and [space] as his
Security did execute to the State of Missouri above in the penal sum
of [space] dollars that the Said William J. Hutton would appear
before this Court on the first day of this term to answer to an
indictment preferred against him by the Grand Jury of the County of
St. Clair at the [space] term of Said Court AD 1865, and the Said
Defendant William J. Hutton, having failed to appear before the
Court in accordance with the Said bond it is therefore ordered by
the Court that a forfeiture of Said bond be taken against the
Security of the Said Defendant as aforesaid.
State of Missouri
vs
Robert P. Cole
Now at this day, comes the Defendant by his attorney and asks this
cause be continued until tomorrow morning which continuance is
Granted by the Court.
State of Missouri
vs
Joseph S. Herndon
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri, and asks this cause be continued until the next
term of court, which continuance is granted by the court.
State of Missouri
vs
Jacob Fleming
Now at this comes the Defendant Jacob Fleming, by his attory and
makes application that this cause be continued untill the next Term
of Court which application is granted by the court.
Page 86:
April Term 1866
Merchants Bank of St. Louis
vs
Henry Pollard, John F. Weidemeyer & John M. Weidemeyer
Civil action on Note
Now at this day comes one of the defendants Henry Pollard by his
attorney, and, asks leave to file a motion to quash the Execution,
as to him, the Said Henry Pollard, in this cause which is granted by
the court.
Stephen P. Baker
vs
Noah Caton, Joshua Caten, Robert Sprouwl
Civil action for damages.
Now at this day comes the plaintiff in the above entitled cause and
this suit dismissed as to defendants James Burks and Joshua Caton
not having been notified of the pending of this suit is dismissed as
to him Joshua Caton and defendant Noah S. Caton having made default
of this being term for final judgment & on this day comes the
defendants Robert Sproul [can’t read] in this Cause by their
attorney and move to a change of venue in this cause, which motion
was over ruled by the court; whereupon it is ordered by the court
that the Sheriff of St. Clair County, Summon a Jury of twelve men to
try the above entitled Cause; whereupon Said Sheriff, returned here
into court, as Jurors for the trial of said cause the following
named persons: To wit: William O. Mead, Peter Y. Mosse, J.F. Smith,
S.D. Whitton, Jesse Eblin, William George, William Deshazo, John
Cranmer, Jackson Gordon, Richard Lenix, Mark Renfro & Joshua
Whitaker, twelve men of St. Clair County who after having been
Called, and Sworn proceed to hear the evidence in Said cause the
following named persons were then brought forward as witnesses on
the part of the plaintiff, vis: Mary Schoonover, Sarah A. Short &
David T. Short, Wm. F. Beard & George W. Short the aforementioned
Jury after receiving the instruction of the Court, retired to
consider the evidence in Said cause, after which they returned here
into Court, a verdict, in words and figures as follows to wit:
We the Jury find for the Plaintiff for damages in the Sum of
$300.00. foreman.
Plaintiff by Atto4rney then remitted Fifty Dollars of said sum
It is therefore considered adjudged and decreed that plaintiff have
and recover of and from the said defendants Noah S. Caton, Robert
Sproul Sr., Robert Sproul Jr. & Andrew Sproull either of them the
said sum of Two Hundred & fifty Dollars for his damages so found due
as aforesaid together with his costs & charges in this behalf, laid
out and expended & that a General Execution issue therefor.
Page 87:
April Term 1866
John Reed
vs
Joseph Sloss
Civil action for damages
Now at this day Comes the defendant Joseph Sloss by his attorney and
asks leave, to file a motion in this cause to dissolve the
attachment, which was granted by the court.
Peter Shoemaker
vs
Benjamin Snyder
Civil action for damages
Now at this day comes the defdnt Benjamin Snyder by his attorney and
asks leave to file an answer in the case unto plaintiffs petition
which is granted by the Court.
Jabel Brown
vs
Benjamin Snyder
Now at this day comes the defendant Benjamin Snyder, by his
attorney, and asks leave to file an answer in this cause, which is
Granted by the court.
Jabel Brown
vs
William A. Long
Now at this day comes the defendant William A. Long by his attorney
and asks leave to file an answer in this cause which is granted by
the court.
Christian Hoover
vs
Paris Sims
Now at his day comes the defendant, Paris Sims, by his attorney and
asks leave to file an answer in this cause, which is granted by the
Court.
Wm. H. Draer admr
vs
George W. Parks, John C. Looney, John Armstrong, Spencer Estes
Civil action for damages
Now at this day came the defendants, by their attory and ask leave
to file an answer in this cause, which is granted by the court.
Page 88:
April Term 1866
Thomas B. Southerland
vs
Wm. H. Trollinger, E.E. Harris Addm. Of M.J.H. Trial, John O.
Trollinger & John A. Culbertson
Civil action for damages
Now at this day comes the defendants John A. Culbertson, Henry
Denny, Wm. Trollinger for M.J. Harris, John D. Trollinger in this
cause by their attorney, and ask leave to file their Separate answer
in the above written cause which is granted by the Court.
Merchants Bank
vs
George W. Short
Civil action on Note
Now at this day comes the defendant George W. Short by his attorney
and asks that this cause be continued, under a Military plea, which
is granted by the court.
Merchants Bank
vs
James Cole & Wm. H. Murphey
Civil action on Note
Now at this day, Comes James Cole (by his attorney) one of the defts
in this cause and asks, and asks that this cause be continued as to
him under Military plea, which continuance is granted by the Court.
Merchants Bank of St. Louis
vs
F.M. Cole & James Cole
Civil action on Note
Now at this day comes the defendants F.M. Cole & James Cole by their
attorney, and, ask for a continuance of this cause under Military
plea, which is granted by the Court.
William F. Booneguant
vs
Thomas Coulthard
Civil action for debt
Now at this day comes the defendant Thomas Coulthard by his attorney
and ask that this cause be continued under Military Plea, which is
granted by the court.
Page 89:
April Term 1866
Thomas Shepard
vs
John Comonn
Civil action for damages
Now at this day comes the plaintiff Thomas Sheperd by his attory and
it appearing to the Court here that the notice to Said defendant of
the commencement of this Suit and of the general nature and object
of the Same ordered to be given by the clerk of this court in
Vacation has been published according to Said order and Said
defendant failed to file any answer to Said petition and being three
times Solemnly called Comes not but makes default, Thereupon it is
ordered by the Court that the Sheriff of St. Clair County Summon a
Jury of twelve men to try this above mentioned Cause, whereupon the
Sheriff; as aforesaid, returned here into Court as Jurors, for the
trial of Said Cause, the following named persons to wit: William O.
Mead, Peter Y. Morse, J.F. Smith, S.D. Whitton, Jesse Eblin, William
George, Wm. Deshazo, John Cranmer, Jackson Gordon, Richard Lenix,
Mark Renfro & John Whitaker twelve men of St. Clair County who after
having been called and Sworn proceed to hear the evidence in Said
cause the following named persons then brought forward on the part
of the plaintiff to wit: G.B. Park, John S. Gano & the forementioned
mentioned Jury after being instituted by the Court, which to
consider the evidence in Said cause after which they return here
into Court, and by their foreman, Stat that they agree to disagree
in the trial of said Cause after which the Jury as aforesaid was
discharged by order of the court.
Merchants Bank
vs
Henry Denny, Adm of the Estate of Wm. L. King, Jonathan Culbertson &
John J. Scott
Civil action for Note
Now at this day comes the defendant John J. Scott by his attorney
and asks Court to file an answer in this cause which is granted by
the court.
Page 90:
April Term 1866
Christian Hoover
vs
Thama Rickey admrx of the estate of James Rickey decd
Civil action in damages
Now at t his day comes the defendant Thama Rickey by her attorney
and asks leave of the court to file her petition in this Cause, for
a change of Venue, which is granted by the court.
Mathew Salsberry
vs
Thama Rickey admx of the estate of James Rickey deceased
Civil action in damages
Now at this day comes the defendant Thama Rickey, by her attorney
and asks leave of the Court to file in this Cause her petition for a
Change of Venue, for the trial of this Cause, which is granted by
the Court.
F.M. Cole
vs
John H. Fewell & Wm. E. Weidemeyer & Joseph Walker
Civil action for damages
Now at this day comes one of the defendants to wit Joseph Walker by
his attorney and asks leave of the court, to file a demurrer, in
this Cause, which is granted by the court.
Merchants Bank of St. Louis
vs
William Lenox & Henry Denny Pub admr being in charge the Estate of
William L. King decd
Civil action for debt
Now at this day comes One of the defendants Henry Denny by his
attorney, and asks leave of the Court to file an answer in this
cause, which is granted by the Court.
Page 91:
April Term 1866
Merchants Bank of St. Louis
vs
Henry Denny Public adm Having in charge the Estate of William L.
King decd, Thomas D. Hall Sr. & Thomas N. Henly
Civil action for damages
Now at this day comes one of the defendants Henry Deny Public
administrator (by Attorney) having in charge the estate of William
L. King deceased, and asks leave to file an answer in this cause
which is granted by the court.
The Merchants Bank of St. Louis – Plffs
vs
Henry Denny Publ admr of the estate of William L. King decd, Thomas
D. Hall Sr. & Rufus G. Hall – Defts
Civil action on Note
Now on this day comes Henry Denny public administrator, having in
charge the Estate of William L. King decd, by his attorney, and asks
leave to file an answer in this cause, which is granted by the
court.
Ordered that Court adjourn till tomorrow morning 9 oclock.
Wednesday morning 9 oclock April 18th AD 1866
Court met pursuant to adjournment present as on yesterday.
McQuiter & Riggs
Against
James M. Gatewood, Wm. H. Scoby et al
Civil action on bond
Now at this day comes the Defendants in this cause by their attorney
and file herein their demurrer to Plaintiffs petition which answer
was overruled by the Court and by the Court leave is given Said
Defendants to plead at the next term of this Court.
Page 92:
April Term 1866
April Term St. Clair Circuit Court AD 1866
Wednesday the 18th day of April A.D. 1866.
Wm. B. Robinson
vs
Joseph Rodgers & Robert S. Boswell
Civil action for damages
Now at this day comes Robert S. Boswell, one of the Defendants and
by his attorney asks leave to file his (Answer) demurrer to
Plaintiffs petition in this cause which is granted by the Court.
Mathew Salsberry
vs
Thamar Rickey Administratrix of the Estate of James Rickey, deceased
Civil action for damages
Now at this day comes Thamar Rickey the aforesaid Defendant by her
Attorney and asks leave of the Court to file herein her petition
asking for a change to venue. After leave was granted by the Court
to Said Defendant to file said petition the said Defendant by her
Attorney and asks for leave to withhold the filing of Said petition
until tomorrow morning which request is by the Court granted.
Mayfield Hoshaw
vs
Jeddediah Waldo
Civil action for damages
Now at his day comes the Defendant, by his Attorney Robert Allen and
asks that a certain judgment obtained against him the Said Jeddediah
Waldo on the day of [space] AD 1865 in this Court for sd Mayfield
Hoshan for the sum of $[space] be set aside for the reason that said
Defendant was not served with legal notice in this cause.
Mayfield Hoshan
vs
Jeddediah Waldo
Civil action by attachment
Mayfield Waldo attachment notes of Jedediah Waldo
Now at this day comes Jedediah Waldo, by his Attorney and by leave
of the Court herein files his answer to the petition of Matilda
Waldo the said Plaintiff in this cause (Mayfield Hoshane)
O.B. Copeland & Wm. B. Robinson
vs
Sterling Cooper & Robert Meredith Admrs of the Estate of Wm. L. King
deceased
Action by replevin
Now at this day comes Sterling Cooper and Robert J. Meredith
Administrators as aforesaid by their Attorney, and State to this
Court that they are not the Administrators of the Estate of the said
William L. King deceased, that Henry Denny Public Administrator
(Over)
Page 93:
April Term 1866
3rd day Regular April Term 1866 18th inst
of St. Clair County Missouri has in his charge the Said Estate of
William L. King deceased whereupon the Said Plaintiffs, by their
attorney, ask that Henry Denny Public Administrator, as aforesaid be
made a party in this suit and Summoned to appear, at the next Term
of this Court which is granted by the court.
Ordered by the Court that all pleadings at this term of the Court be
filed by 12 oclock tomorrow.
Ordered by the Court that Court adjourn till 1 oclock this evening.
Court met at one oclock Wednesday evening April 18th 1866.
State of Missouri
vs
Robert P. Cole
Indictment for violating Stray law
Now at this day comes J.H. Lindenbower whom the Court appoints to
prosecute for the State of Missouri, in this Cause, the Circuit
attorney S.S. Burdett having previous to his appointment as Such
Circuit attorney been employed by the Said defendant, Robert P. Cole
to defend him in this Cause and Such defendant, Robert P. Cole,
appearing in his own proper person as well as by attorney it is
ordered by the court that a Jury of twelve lawful men be call to try
this Said cause. Whereupon the Sheriff of St. Clair County returns
here into court the following named persons Summoned by him to try
this Cause, to wit John Morse, J.H. Smith, Jesse Eblin, James
McClanahan, William George, Wm. Deshazo, John Crawmer, Jackson
Gordon, R.L. Patterson, Richard Lenox, Mark Renfro & Daniel Shippie.
The Jury as aforesaid having been duly Sworn to try this Cause,
proceeds to hear the evidence in Said Cause, and the following named
persons, were then brought forward as witnesses on the part of the
state, viz, James Cave, James Summers and Benjamin Elkins and on the
part of the defendant William Gamblin, and the Said Jury after being
instructed by the Court, retired to consider the evidence in Said
Cause, and afterwards returned here into court a verdict in words
and figures, as follows to wit:
We the Jury find the defendant not guilty as charged in manner and
form in the Indictment. T.S. Morse
Page 94:
April Term 1866
3rd day Regular April Term 1866 18th inst
It is therefore ordered by the Court that the Said defendant, Robert
P. Cole be acquitted, and from his recognizance, discharged, and
that he go therefor with out day.
John P. Borr – Plff
vs
James M. Breckenridge & Preston Gordon
Civil action for damages
Now at this day comes the defendants, James M. Breckenridge &
Preston Gordon by his attorney, and asks leave to file his answer to
Plff’s Petition in this Cause, which is granted by the Court.
Thomas B. Southerland – Plff
vs
Wm. H. Trollinger, E.E. Harris & Adm of M.J. Harris, John D.
Trollinger & John A. Culbertson
Civil action for damages
Now at this day comes the defendant by his attorney, and asks leave
of the Court to file herein his answer to Plaintiffs petition, which
is granted by the Court.
State of Missouri
vs
Joseph Walker
Indictment for Violating Stray law
Now at this day comes the defendant Joseph Walker and pleads Guilty
in this cause, whereupon the Court assess a fine of $20.00 against
Joseph Walker the Said defendant in this Cause And it is Ordered by
the Court that Said defendant, remain in Custody untill Said fine be
paid.
Merchants Bank of St. Louis
vs
Samuel Moore, Henry Pollard & John F. Weidemeyer
Civil action on Note
Now at this day comes Henry Pollard one of the defendants, in this
cause by his attorney; and asks Court to file his petition, to have
an execution Dissolved which was Issued upon a Judgment, obtained
against him the Said defendant on the [space] day of [space] AD
1865, at the April Term of the St. Clair Circuit Court which is
granted by the Court.
Page 95:
April Term 1866
3rd day Regular April Term 1866 18th inst
Samuel H. Martin
vs
John F. Weidemeyer & John M. Weidemeyer
Civil action for debt
Now at this day comes Henry Pollard by his attorney and asks leave
to file his petition as an Interpleader, in the case; which is
Granted by the Court whereupon the Said Plaintiff Samuel H. Martin
by his attorney defends the interplead, and asks that this cause be
Continued till next term of court which is granted by the court.
Merchants Bank of St. Louis
vs
James Cole, John Dawson & F.M. Cole
Civil action on Note
Now at this day Comes the defendant [space] and Settles the amount
in full, together with Cost and damages, claimed by the Plaintiff in
this cause.
S.H. Martin
vs
T.D. Hall Et al
Civil action for debt
Ordered that Court adjourn till tomorrow morning 9 oclock
B.H. Emerson
Cir Judge
Thursday morning nine oclock April 19th AD 1866.
Court met pursuant to adjournment present as on yesterday.
Page 96:
April Term 1866
5th day Regular Circuit Court – 1866 – 20 Inst.
F.M. Cole
vs
John H. Fewel & Joseph Walker
Civil action for damages
Now at this day comes Joseph Walker one of the defendants in the
above entitled cause, by his attorney and asks leave to file herein
his answer to plaintiffs petition, which is granted by the court.
Now at this day comes B.G. Roberts Sheriff of St. Clair County and
acknowledged by the execution by him
Mayfield Goshan
vs
Jeddidiah Waldo
Civil action for Damage
Upon a reconsideration of the previous order Setting aside the
interlocutory Judgment in his Cause the Same is by the Court Set
aside.
Wayman Crow, Phocian R. McCasery, Wm. A. Hargadine, George D.
Appleton & Hugh McKittrich – Plffs
against
Eber H. Tabor, James Atkisson, James E. Barclay & Wm. D. Barclay
Civil Action
Now at this day Comes the plaintiffs by attorney and by leave of
Court the suit is dismissed as to James Atkisson, James E. Barclay &
Wm. D. Barclay, and it appearing to the satisfaction of the Court
that the defendant E.H. Tabor has been duly notified of the
Commencement of this suit by writ of summons & Copy of petition
served on him at least fifteen days before the first day of the
present term of Court, and having failed to plead answer or demur to
plaintiffs petition the same is taken as Confessed and this action
being founded on a promissory note signed by the defendant for the
direct payment of money whereby his Indebtedness to plaintiffs is
ascertained from an examination of which the Court doth find
defendant Eber H. Tabor indebted to plaintiff in the sum of Nine
Hundred & Eighty 40/100 dollars, for debt & Five Hundred & Twenty
60/100 Dollars for Damages & also for Costs.
Page 97:
April Term 1866
5th Day Regular April Term 1866 – 2oth Instant
It is therefore Considered and adjudged by the Court that the
plaintiffs have and recover of and from the said defendant E.H.
Tabor their debt of Nine Hundred & Eighty 40/100 Dollars & Five
Hundred & Twenty 60/100 Dollars for damage and also for Costs in
this behalf laid out and expended and that Execution issues therefor
& this Judgment bear ten per cent interest per annum.
Wm. Gorton – Plff
against
John McMerty – Deft
Civil Action for Debt
Now at this day Comes the plaintiff by his Attorney and it appearing
to the full satisfaction of the Court that the defendant has been
duly notified of the Commencement of this Suit by order of
publication published in Bolivar Weekly Sentenel a newspaper
published in Polk County Missouri for four weeks successively the
last insertion having been made at least four weeks before the first
day of the present term of this Court and the defendant failed to
plead answer or demur to the plaintiffs petition the cause is taken
as Confessed and this action being founded on a promissory note for
the direct payment of money signed defendant from which the Court by
an examination thereof doth find that the defendant is indebted to
plaintiff in the Sum of Eleven Hundred Dollars for Debt And Two
Hundred & forty Seven 41/100 dollars damages
And it further appearing to the Court that a writ of Attachment
issued out of the clerks office of this Court against John McMerty,
directed to the Sheriff of St. Clair County, and was by him returned
28th day of January 1866, executed by levying on seizing & attaching
as the property of John McMerty Situated in St. Clair County viz
NW ¼ NW ¼ & W ½ SE ¼ & SE ¼ SE ¼ Sect 10 Town 38 Range 28
W ½ SW & W ½ Lot (1) one, NW ¼ Sect 3 Town 38 Range 28
NW ¼ of NW ¼ & E ½ SW ¼ Sect 13 Town 38 Range 28
W ½ of NE ¼ & E ½ of NW ¼ Sect 1 Town 37 Range 28
W ¼ SW ¼ Section 12 & W ½ NE ¼ Section 29 Town 38 Range 28
N ½ of SE ½ Sect 27 & NE ¼ NW & NW ¼ of NE Sect 30 Town 38 Range 28
Lot one & W ½ Lot Two NE Section 4 & W ½ SW ¼ Sect 3 Town 38 Range
28
SW ¼ of Section 19 NE ¼ & NE ½ of SE ¼ Sect 14 Town 38 Range 28
NW ¼ of SE ¼ Section 32 SE ¼ of SW ¼ & W ½ SE & SE SE Sect 17 Town
39 Range 27
SW ¼ of SE ¼ Sec 11 SW ¼ of NW & NW ¼ SW ¼ Sect 10 Town 38 Range 28
NE ¼ of NE Sect 30 & N ½ NE Sect 36 West Half of Sect 26 & NW ¼ Sect
9 Town 38 [corner of page torn]
Page 98:
April Term 1866
5th Day Regular April Term 1866 – 20th Inst
It is therefore Considered, adjudged and decreed by the Court that
the plaintiff have and recover of and from the defendant his debt of
Eleven Hundred dollars and his damage of Two Hundred & forty Seven
41/100 Dollars & for Costs laid out and expended in this behalf and
that a special Qofa issue out of this Court against the property
Attached and that this Judgment bear ten per Cent Interest.
The Merchants Bank of St. Louis – Plff
against
Alfred G. Chilton – Deft
Now at this day Comes the Sheriff of St. Clair County B.G. Roberts
into open court, and acknowledges the execution by him of a deed to
Joel Abbott Conveying the following described land situated in said
county of St. Clair viz Lot 2 NW ¼ Sec 4 Town (36) Thirty Six Range
(25) Twenty five & S ½ SW ¼ & S ½ of SW ¼ of NE ¼ Section 33 Town 37
Range 25 & NE ¼ Sec 4 Town 36 Range 25 which said land was sold by
him under execution issued in this cause.
David T. Short
agst
William H. Huffman
Civil action on promissory Note
Now at this day comes the Plaintiff in the above entitled cause by
his Attorney and it appearing to the satisfaction of the Court, that
process cannot be served upon the above named Defendant. It is
therefore ordered by the Court that publication be made notifying
said Defendant that an action has been commenced against him by
Petition and Attachment in the Circuit Court of St. Clair County Mo.
founded on a promissory note for One Hundred Twenty Five Dollars
dated March 31st 1858 payable on day after date with interest at the
rate of 6 per cent per annum on at October 31st 1860 Nineteen 81/100
Dollars. That his property has been attached & that unless he be and
appear at the next term of said Court, to be holden at the Court
house in Osceola St. Clair County Mo. on the 4th Monday of September
1866 & on or before the third day thereof (if the term shall so long
continue, and if not, then before the last of the term) and plead,
answer or demur the Plaintiff’s Petition, the same will be taken as
confessed, & Judgment rendered against him, and his property sold to
satisfy the same. It is further ordered that a copy here of be
published in the Osceola Herald, a newspaper published in the town
of Osceola, County of St. Clair Missouri for four weeks
successively, the last insertion having to be alt least four weeks
prior to the commencement of the next term of said court.
Page 99:
April Term 1866
5th Day Regular April Term 1866
Peter Shoemaker - Plaintiff
vs
John Crocker – Defendant
Civil action for Damages
Now at this day comes the Plaintiff in the above entitled cause by
his Attorney, and it appearing to the satisfaction of the Court,
that process cannot be served upon the above named Defendant. It is
therefore ordered by the Court that publication be made notifying
said Defendant that an action has been commenced against him by
Petition and Attachment in the Circuit Court of St. Clair County
founded on a claim for Damages inflicted on Plaintiff by reason of
the Defendant having in the month of August 1861, wrongfully taken
the property of Plaintiff to the amount of one Hundred Forty one
Dollars. That his property has been attached, and that unless he be
and appear at the next term of said court, to be holden at the Court
House in Osceola St. Clair County Mo. on the 4th Monday of September
1866 and on or before the third day thereof if the term shall so
long continue, and if not, then before the end of the term, and
plead answer or demur to Plaintiffs petition the cause will be taken
as confessed and judgment rendered against him and his property sold
to satisfy the same. It is further ordered that a copy hereof be
published in the Osceola Herald a newspaper published in the town of
Osceola County of St. Clair Mo. for four weeks successively the last
insertion thereof to be at least four weeks prior to the
commencement of the next term of said court.
Alexander E. Summers administrator of the Estate of Thomas Piper
deceased - Plaintiff
Agst
Joseph Hacker and James Hacker – Defendants
Action on Promissory Note order of Pub.
And now comes the Plaintiff in the above entitled cause by his
attorney, and it appearing to the satisfaction of the Court that
process cannot be served upon the above named Defendants it is
therefore ordered by the Court that publication be made notifying
said Defendants that an action has been commenced against them by
petition and Attachment in the Circuit Court of St. Clair County
founded on a promissory note dated March 18th 1861 payable twelve
months after date in the sum of Eighty three 50/100 Dollars at 10
per cent interest from due. That his property has been attached, and
that unless he be and appear at the next term of said Court to be
holden at the Court House in Osceola St. Clair County Mo. on the 4th
Monday of September 1866 and on or before the third day thereof (if
the term shall so long continue, and if not then before the end of
the term) and plead, answer or demur to Plaintiffs petition, the
same will be taken as confessed, and judgment rendered against him
and his property be sold to satisfy the same.
It is further ordered that a copy hereof be published in “the
Osceola Herald” a newspaper published in the town of Osceola County
of St. Clair Mo. for four weeks successively, the last insertion
thereof to be at least four weeks prior to the commencement of the
next term of said Court.
Page 100:
April Term 1866
6th day Regular April Term 1866
Saturday April 21st 1866
William H. Burchett Administrator of the Estate of Jacob Holsapple
decd – Plaintiff
Against
Thomas D. Hall Sr., John W. Wells & Jefferson Hall late of the firm
Hall Noland & Co. – Defendants
Civil Action by Attachment on Note
Now at this day comes the plaintiff by his attorney and it appearing
to the full satisfaction of the Court that the defendants have been
duly notified of the Commencement of this suit and of the nature and
object thereof by publication in the Missouri State Times a Weekly
newspaper printed and published in the City of Jefferson County of
Cole and State of Missouri 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 defendants having failed to Answer
plead or demurr to the plaintiffs petition the same is taken as
confessed and this action being founded upon a promissory note for
the direct payment of Money signed by defendants from which the
Court by an examination thereof the Court doth find defendants
Thomas D. Hall & John W. Wells & Jefferson Hall indebted to
plaintiff in the Sum of One Hundred & Eighty One & 30/100 Dollars
debt and Sixty five & 21/100 Dollars for damages and Cost And it
further Appearing to the Court that a Writ of Attachment issued out
of the Clerks office of this court against Thomas D. Hall Sr., John
W. Wells & Jefferson Hall directed to the Sheriff of St. Clair
County and was by him returned on the 20th day of May AD 1865
Executed by levying seizing and attaching as the property of Thomas
D. Hall Sr. the following described lands situated in St. Clair
County viz
The NW ¼ of SE ¼ & NE ¼ of SW ¼ Sec 23 Township 36 Range 25
The SW ¼ of NE ¼ & SE ¼ of NW ¼ Sec 23 Township 36 Range 25
The NE SE Sec 18 Township 36 Range 25
It is therefore considered Adjudged & decreed by the Court that the
plaintiff have and recover of and from the Said defendants his debt
of one Hundred & Eighty one & 30/100 Dollars and his damages of
Sixty five & 21/100 Dollars and for costs laid out and Expended in
this behalf And that a Special fi fee issue out of this Court
against the property attached and that this judgment be at ten per
cent interest.
Page 101:
April Term 1866
Regular April Term 1866
5th day Friday April 20th 1866
Ann W. Todd admx of the Estate of Daniel P. Todd dec’d – Plaintiff
Against
F.M. Hicks, Julius Hacker & A.J. Gibson – Defendants
Civil action on note
Now at this day comes the plaintiff by her attorney and it appearing
to the full satisfaction of the Court that the defendants have been
duly notified of the Commencement of this suit and of the nature and
object thereof by publication in the Missouri State Times a Weekly
Newspaper printed and published at the City of Jefferson County of
Cole and State of Missouri 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 defendants having failed to answer
plead or demurr to the plaintiffs petition the same is taken as
confessed and this action being founded upon a promissory note for
the direct payment of money signed by the defendants from which the
Court by an examination thereof the Court doth find defendants F.M.
Hicks, Julius Hacker and A.J. Gibson indebted to plaintiff in the
Sum of Fifty five Dollars debt and twenty nine and 06/100 Dollars
for damages and cost and it further appearing to the Court that a
writ of attachment issued out of the clerks office of this Court
against F.M. Hicks, Julius Hacker & A.J. Gibson directed to the
Sheriff of St. Clair County and was by him returned on the 4th day
of October AD 1865 Executed by levying seizing and attaching as the
property of Julius Hacker the following described lands situated in
St. Clair County viz
NE ½ Lot 2 SW ¼ & W ½ SW ¼ Sec 30 Town 37 Range 26
SE ¼ & N ½ NE ¼ Sec 25 Town 37 Range 27
And the following described real Estate as the property of A.J.
Gibson situated in St. Clair County Mo
W ½ SE ¼ & part E ½ SW Sec 24 Township 37 Range 27
N part E ½ NW ¼ Sec 25 Township 37 Range 27
It is therefore considered adjudged and decreed by the Court that
the plaintiff have and recover of and from the Said defendants her
debt of Fifty five Dollars and her damage of Twenty Nine & 10/100
Dollars and for costs laid out and expended in this behalf and that
a Special fi fas issue out of this Court against the property
attached and that this judgment bear ten per cent interest.
Page 102:
April Term 1866
5th day Regular April Term 1866 20th inst
Noah M. North administrator of the Estate of Samuel Richardson decd
– Plff
against
George W. Ray – Defendant
Civil Action on Note by attachment
Now at this day comes the plaintiff by his attorney and it appearing
to the full satisfaction of the Court that the defendant George W.
Ray has been duly notified of the pending of this suit by
publication in the Missouri Advocate a weekly newspaper printed and
published in the town of Clinton County of Henry and State of
Missouri 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 defendant having failed to plead Answer or demurr to the
plaintiffs petition the same is taken as confessed and this action
being founded upon a promissory note for the direct payment of money
signed by the defendant from which the Court by an examination
thereof doth find the defendant George W. Ray indebted to plaintiff
in the Sum of Eighty Dollars his debt and Sixty two & 70/100 Dollars
his damages and Cost and it further appearing to the Court that a
Writ of attachment issued out of the Clerks Office of this Court
against the defendant George W. Ray directed to the Sheriff of St.
Clair County and was by him returned on the 28th day of February AD
1866 Executed by seizing & Levying upon all the right title and
interest of the George W. Ray in and to the following described
Lands Situate in the County of St. Clair viz
E ½ SE Section 28 Township 39 Range 24
NW ¼ NE ¼ & NE ¼ NW ¼ Section 28 Township 39 Range 24
E ½ NE Section 29 Township 39 Range 24
E ½ NE Section 25 Township 39 Range 25
W ½ NW Section 28 Township 39 Range 24
It is therefore considered adjudged and decreed by the Court that
the plaintiff have and recover of and from the Said defendant his
debt of Eighty Dollars and Sixty two & 70/100 Dollars his damage and
for costs laid out and Expended in this behalf and that a Special
fifas issue out of this Court against the property attached and that
this judgment bear ten per cent interest.
Henry Denny Public Administrator having in charge the Estate of
Mathew T. Looney decd – Plaintiff
Against
William H. Trolinger & James W. Culbertson - Defendants
Civil Action by attachment On Note
Now at this day comes the plaintiff by his attorney and it appearing
to the full satisfaction of
Page 103:
April Term 1866
Regular April Term 1866 20th inst
the Court that the defendants William H. Trolinger & James W.
Culbertson have been duly notified of the pending of this suit by
publication, and of the nature and object thereof in the Missouri
Advocate a Weekly Newspaper printed and published in the town of
Clinton County of Henry and State of Missouri 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 defendant
having failed to plead answer or demurr to the plaintiffs petition
the same is taken as confessed and this action being founded upon a
promissory note for the direct payment of money signed by the
defendants from which the doth find by an examination that the
defendants William H. Trolinger & James W. Culbertson are indebted
to the plaintiff in the sum of One Hundred & forty one & 40/100
Dollars debt and ninety two & 25/100 Dollars damage and cost and it
further appearing to the Court that a writ of attachment issued out
of the clerks office of this Court against the defendants William H.
Trollinger & James W. Culbertson directed to the Sheriff of St.
Clair County and was by him returned on the 29th day of March AD
1866 Executed by seizing levying and attaching as the property of
James W. Culbertson the following described lands situated in County
of St. Clair viz
S ½ of NW ¼ & N ½ of SW ¼ Sec 10 Town 38 R27
and by seizing levying & attaching the following Lands as the
property of William H. Trolinger situate in St. Clair County viz
SW ¼ of SW ¼ Sec 32 Township 38 Range 27
SW ¼ of SW ¼ Sec 31 Township 38 Range 27
SW frl ¼ Sec 3 Township 37 Range 27
E ½ Lot 2 NW Sec 6 Township 38 Range 26
S ½ NW frl (NOR) Sec 4 Township 37 Range 28
S ½ frl NE frl (NOR) Sec 5 Township 37 Range 28
NW ¼ of NE ¼ Sec 1 Township 37 Range 27
NW SE Sec 15 Township 38 Range 27
It is therefore considered adjudged and decreed by the Court that
the plaintiff have and recover of and from the said defendants her
debt of One Hundred & forty one & 40/100 and ninety two & 35/100
Dollars damage and cost laid out and expended in this behalf and
that a Special fifas issue out of this Court against the property
attached and that this judgment bear ten per cent interest.
John Fleming – Plaintiff
Against
J.R. Young, Wm. M. Grant & James Bryson – defendants
Civil Action on Note by Attachment
Now on this day comes the plaintiff by his attorney and by leave of
the court dismisses this action as to Wm. M. Grant and it appearing
to the full satisfaction of the Court that the defendant J.R. Young,
James Bryson have been duly notified of the pending of this suit
Page 104:
April Term 1866
5th day Regular April Term 1866 21st inst
and the nature and object thereof by publication in the Missouri
State Times a weekly newspaper printed and published at the City of
Jefferson County of Cole and State of Missouri 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 defendants
having failed to plead answer or demurr to the plaintiffs petition
the same is taken as confessed and this action being founded upon a
promissory note for the direct payment of money signed by the
defendants from which the Court by an examination thereof doth find
that the defendants owe and stand indebted to the plaintiff in the
sum of Twenty four Dollars debt and Fifteen Dollars damage and it
further appearing to the Court that a writ of attachment issued out
of the Clerks office of this County against the said defendant
directed to the Sheriff of St. Clair County and was by him returned
on the 15th day of September AD 1865 Executed by levying seizing &
attaching as the property of Joseph R. Young the following described
Lands Situate in St. Clair County viz
E ½ NW ¼ & NE ¼ Sec 16 Town 37 R27
W ½ NW ¼ Sec 15 Town 37 R27
NE ¼ NE ¼ Sec 26 Town 38 R26
and the following lands as the property of James Bryson situate in
St. Clair County
NE ¼ NE Sec 10 Township 37 Range 27
SW ¼ Sec 21 Township 37 Range 27
It is therefore considered adjudged and decreed by the Court that
the plaintiff have and recover of and from the said defendants his
said debt of Twenty four Dollars and fifteen Dollars damage and for
cost laid out and expended in this behalf and that a Special fifas
issue out of this Court against the property attached and that this
judgment bear ten per cent interest.
Ann W. Todd admrx of the Estate of Daniel P. Todd – Plff
against
Joseph R. Young – Defendant
Civil action on Note by Attachment
Now at this day comes the plaintiff by her attorney and it appearing
to the full satisfaction of the Court that the defendant has been
duly notified of the pending of this suit and of the nature and
object thereof by publication in the Missouri State Times a Weekly
newspaper printed and published in the City of Jefferson County of
Cole and State of Missouri for four weeks successively the last
insertion having been at least
Page 105:
April Term 1866
four weeks before the first day of this term of this Court and the
defendant having failed to plead answer or demurr to the petition of
the plaintiff the same is taken as confessed and this action being
founded on a note for the direct payment of money signed by the
defendant from which the Court by an examination thereof doth find
that the defendant is indebted to the plaintiff in the Sum of
Fifteen Dollars debt and Seven & 70/100 Dollars Damage and it
further appearing to the Court that a writ of attachment issued out
of the Clerks office of this County against the said defendant
directed to the Sheriff of St. Clair County and as by him returned
on the 4th day of October AD 1865 Executed by seizing levying and
attaching as the property of Joseph R. Young the following described
lands situate in St. Clair County viz
E ½ NW ¼ & NE ¼ Sec 16 Township 37 Range 27
W ½ NW ¼ Sec 15 Township 37 Range 27
NE ½ NE ¼ Sec 26 Township 38 Range 26
It is therefore considered adjudged and decreed by the Court that
the plaintiff have and recover of and from the Said defendant the
said debt of Fifteen Dollars and the damages of $7 70/100 and her
costs in this behalf laid out and expended and that a Special ofiafa
issue out of this Court against the property attached and that this
judgment bear ten per cent interest.
Ann W. Todd admx of the Estate of Daniel P. Todd dec’d – Plaintiff
against
A.J. Gibson – Defendant
Civil action on Note by Attachment
Now at this day comes the plaintiff by her attorney and it appearing
to the full satisfaction of the Court that the defendant has been
duly notified of the pending of this suit and the nature and object
thereof by publication in the Missouri State Times a Weekly
newspaper printed and published at the city of Jefferson County of
Cole and State of Missouri 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 defendant having failed to plead
answer or demurr to the petition of the plaintiff the same is taken
as Confessed and this notice being founded on a note for the direct
payment of money signed by the defendant from which the court doth
by an examination thereof that the defendant is indebted to the
plaintiff in the sum Twelve Dollars debt and Five & 97/100 Dollars
damage and it further appearing to the Court that a writ of
Attachment issued out of the Clerks Office of this Court against the
said defendant and directed
Page 106:
April Term 1866
to the Sheriff of St. Clair County and was by him returned on the
17th day of June AD 1865 executed the within by Seizing levying and
attaching all the right title interest and claim of Andrew J. Gibson
in the following described lands situate in the County of St. Clair
& State of Missouri to wit
W ½ SE ¼ & fr E ½ SW ¼ Sec 24 Township 37 Range 27
N Part E ½ NW ¼ Sec 25 Township 37 Range 27
It is therefore Considered adjudged and decreed that the plaintiff
have and recover of and from the said defendant Andrew J. Gibson the
said sum of Twelve Dollars her debt and Five & 97/100 Dollars her
damage and her costs and charges in this behalf laid out and
expended and that a Special fi fa issue out of this Court against
the property attached and that this judgment bear ten per cent
interest.
Thamar Rickey admx of the Estate of James Rickey dec’d – Plaintiff
against
Charles C. Bunch – defendant
Civil action on Note by attachment
Now on this day comes the plaintiff by her attorney and it appearing
to the full satisfaction of the Court that the defendant has been
duly notified of the pending of this suit and the nature and object
thereof by publication in the Missouri State Times a weekly
Newspaper printed & published at the city of Jefferson County of
Cole and State of Missouri 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 defendant having failed to plead
answer or demurr the same is taken as confessed & this suit being
founded on a note for the direct payment of money whereby the demand
may be ascertained and signed by the defendant The Court doth find
that the defendant owes and stands indebted to the plaintiff in the
sum of Two Hundred & nine & 93/100 Dollars debt and One Hundred &
Eleven & 08/100 damage and it further appearing to the Court that a
writ of attachment was issued out of the Clerks office of this Court
directed to the Sheriff of St. Clair County and was by him returned
on the 4th day of October 1865 executed the within attachment by
seizing & levying and attaching the following described real estate
as the property of Charles C. Bunch to wit
SE ¼ of SE ¼ Sec 34 Town 39 Range 28
W part SW ¼ of SE ¼ Sec 35 Town 38 Range 28
It is therefore considered adjudged and decreed by the Court that
the plaintiff have and recover of and from the said defendant
Charles C. Bunch the said Sum of Two Hundred & Nine 93/100 Dollars
debt and one
Page 107:
April Term 1866
5th day Regular April Term 1866 21st inst
Hundred & Eleven & 08/100 Dollars damage and cost and charges in
this behalf laid out and expended and that a Special ofifa issue out
of this Court against the property attached and that this judgement
bear ten per cent interest.
Elizabeth Deshazo – Plaintiff
against
Hezekiah Thompson & Jackson Thompson – Defendants
Civil action on Note by attachment
Now at this day comes here into court the plaintiff aforesaid by her
attorney and it appearing to the Court by the return of the Sheriff
that the defendant, Hezekiah Thompson has been duly served with
process more than fifteen days before the first day of this term of
this Court and the said defendant being three times solemnly called
and said cause being dismissed as to Jackson Thompson comes not but
makes default nor having filed any answer herein whereby the
plaintiffs petition remains undefended and the said action being
founded upon a promissory note for the direct payment of money
executed by said defendants payable to this plaintiff The Court doth
find that there is due on said note as principal the sum of Ninety
Dollars and the further Sum of Forty nine & 75/100 Dollars interest
and judgment is ordered to be rendered accordingly It is therefore
considered adjudged and decreed that the Said plaintiff have and
recover of and from the said Hezekiah Thompson the Sum of ninety
Dollars for here debt and also the sum of Forty Nine and 75/100
Dollars for her damage as well as her cost & charges & that she have
execution therefor.
Sarah Gardner – Plaintiff
Against
Sarah F. Beck Administratrix Waldo P. Johnson & Aaron Trippett –
Defendants
Civil action on note by Attachment
Now on this day comes the plaintiff by her attorney and the
defendant Sarah F. Beck administratrix of James A. Beck dec’d having
by her agent entered her appearance herein and the said Defendant
Waldo P. Johnson having been duly notified of the pending of this
suit and the nature and object thereof by publication in the
Missouri Advocate a Newspaper published and printed at the town of
Clinton County of Henry & State of Missouri for four weeks
successively the last insertion having been at least four weeks
before the first day of this term of this Court and by leave of the
Court this Cause was dismissed as to Aaron Trippett And the said
Sarah F. Beck
Page 108:
April Term 1866
5th Day Regular April Term 1866 20th inst.
of James W. Beck dec’d by her agent having filed her answer and the
defendant Waldo P. Johnson having made default and this cause coming
on to be heard and this Same being founded upon a promissory note
for the direct payment of money the Court doth find that there is
due on said note the sum of One Hundred & Ninety Seven & 50/100
Dollars principal also the further sum of One Hundred & four and
68/100 Dollars interest and judgment is ordered to be rendered
accordingly Against that of said James W. Beck And it appearing from
the return of the Sheriff of St. Clair County that he did on the
20th day of March 1866, in obedience to a writ of attachment issued
out of the Clerks office of this Court Seize levy & attach all the
right title interest & claim of the said defendant Waldo P. Johnson
in & to the following described lands situate in the County of St.
Clair State of Missouri viz
E ½ SE ¼ Sec 17 Town 27 Range 25
Lot 6 SW frl ¼ Sec 3 Town 39 Range 24
W ½ SW ¼ Sec 3 Town 39 Range 24
SW frl ¼ (SOR) Sec 6 Town 38 Range 24
W ½ SW ¼ Sec 5 Town 39 Range 24
SW frl ¼ (SOR) Sec 6 Town 38 Range 24
SE ¼ Sec 12 Town 38 Range 25
NE ¼ Sec 30 Town 37 Range 26
SE of NW ¼ & NE ¼ SW ¼ Sec 22 Town 38 Range 25
SE ¼ of NE ¼ Sec 8 Town 37 Range 27
SW ¼ of NW w1/4 & SE ¼ NW ¼ Sec 9 Town 37 Range 27
NE ¼ of SE ¼ Sec 15 Town 38 Range 27
SW ¼ of SE ¼ & SE ¼ SW ¼ Sec 26 Town 37 Range 26
E ½ & SW ½ of SW ¼ Sec 29 Town 37 Range 26
W ½ Lot 1 NE ¼ Sec 6 Town 36 Range 26
E frl ¼ NE (RBOR) Sec 21 Town 37 Range 26
W ½ Lots 1 & 2 NE ¼ Sec 3 Town 37 Range 26
Lot 1 SW ¼ Sec 6 Town 36 Range 26
SW ¼ SW ¼ Sec 1 Town 36 Range 26
SE SE Sec 2 Town 36 Range 27
NE ¼ of NE ¼ Sec 10 Town 36 Range 27
NW ¼ of NW ¼ Sec 12 Town 36 Range 27
Lot 1 NW ¼ Sec 1 Town 26 Range 27
E ½ Lots 1 & 2 NE ¼ Sec 2 Town 36 Range 27
S ½ SW ¼ Sec 26 Town 37 Range 27
E ½ & SW & fl NE Sec 35 Town 37 Range 27
E ½ SW ¼ & W 1/1 SE Sec 32 Town 37 Range 26
W ½ SW NE ¼ & Lot No 17
E ½ Lot 2 NW ¼ Sec 6 Town 36 Range 26
W ½ & SE of SW S25 T27 R27
S ½ SE S25 T27 R27
SE S25 T27 R27
E ½ SW ¼ & W ½ SE S32 T37 R27
W ½ SE S32 T37 R26
SW of NE & SE NW SE S34 T39 R25
W ½ SW ¼ (RBOR) S10 T23 R25
E ½ SW ¼ & E ¼ NW S5 T36 R26
SE ¼ of NW ¼ S28 T36 R24
SW ¼ of SE S34 T36 R24
SW ¼ of NE ¼ S32 T38 R27
½ NE ¼ E ¼ S12 R25
W ½ NW ¼ of NE S12 R25
SE ¼ of SW ¼ S26 T39 R25
SE ¼ of SW S13 T37 R28
NE ¼ of NW ¼ (RBOR) S11 T37 R28
Lot 2 SW S3 T32 R26
E frl ½ NE (RBOR) S11 T32 R26
E ½ & SW ¼ of SW ¼ S24 T32 R26
W ½ Lot 2 NE S3 T37 R26
W ½ Lot NW ¼ S1 T36 R27
E ½ Lots 1 & 2 NE ¼ S2 T36 R27
E ½ Lot 2 NW ¼ S2 T36 R27
S ½ SW ¼ S35 T37 R27
E ½ SW ¼ frl NE ¼ S35 T32 R27
W ½ & SE ¼ of SW ¼ S25 T32 R27
SE ¼ S35 T37 R27
W ½ NE S32 T37 R23
Lot 1 SW ¼ S6 T36
Therefore it is considered by the Court that the said plaintiff have
and recover of the said defendants the said Sum of One Hundred &
Ninety Seven & 50/100 Dollars principal also the further sum of One
Hundred & four 68/100 Dollars interest as found due as aforesaid
together with his cost & charges
Page 109:
April Term 1866
5th day Regular April Term 1866 20 inst
in this behalf laid out and expended And that a Special facto issue
therefor to be levied on the lands so attached and the same be sold
to satisfy said judgment damages & cost & that this judgment bear
ten per cent interest.
James Cole Plaintiff
Against
William Harris Defendant
Civil Action in damages
And now on this day comes the plaintiff by his attorney and it being
proven to the satisfaction of the Court that the said defendant has
been duly notified pursuant to law in the Missouri Advocate a
Newspaper published in the town of Clinton County of Henry State of
Missouri 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 said defendant being three times solemnly called comes not
but herein makes default nor has he filed Any Answer herein whereby
said petition of plaintiff remains undefended and plaintiff ought to
recover and this cause being founded on a claim for damages the same
is continued for the assessment of the amount.
James B. Bristow Plaintiff
Against
William W. Ritchey Defendant
Civil Action in Damages
Now on this day comes the plaintiff by his attorney and it appearing
to the Court by the return of the Sheriff that the defendant has
been duly served with process more than fifteen days before the
first day of this term of this Court and the said defendant being
three times solemnly called comes not but makes default nor has he
filed Any answer herein whereby said petition of plaintiff remains
undefended and plaintiff ought to recover and this cause being
founded on a claim for damages the same is continued for the
assessment of the amount.
Page 110:
April Term 1866
5th day Regular April Term 1866 20th inst
Thomas Shepherd Plaintiff
against
John Cameron Defendant
Civil action in Damages
Now on this day comes the plaintiff by his attorney and this being
the term for final judgment and the defendant not having filed any
plea answer or demurr the same is taken as confessed and said
defendant being three times solemnly called comes not but makes
default and whereupon it is ordered by the Court that the Sheriff of
St. Clair County Summon a jury of twelve men to try the Above
entitled Cause Whereupon the said Sheriff returned here into Court
twelve good & lawful men who after being called and Sworn as the law
directs proceeded to hear the evidence in this cause The following
named persons were then brought forward & sworn on the part of the
plaintiff G.B. Park, John S. Gano
The jury after hearing the evidence and the instruction thereupon
from the Court retired to consider the evidence in this cause after
which they returned here into Court a verdict in words and figure as
follows “We the jury find for the plaintiff for damages $450. and
$150 S___ money. Thomas B. Sutherland foreman”
And it further appearing form the return of the Sheriff of St. Clair
County that he did on the 22nd day of June 1864 attach all the right
title and interest of the said John Cameron in obedience to a writ
of attachment issued out of the Clerks office of this Court on & in
the following described lands viz
SW & part SE NE Sec 29 Township 39 Range 25
NW SE Sec 29 Township 39 Range 25
SE NW Sec 29 Township 39 Range 25
NE SW Sec 29 Township 39 Range 25
NE SW Sec 21 Township 39 Range 25
SW NW Sec 10 Township 38 Range 25
It is therefore considered adjudged and decreed that the said
plaintiff have and recover of and from the said defendant the said
sum of Four Hundred fifty Dollars Damage and also the further sum of
One Hundred & fifty Dollars S___ money with cost and charges in this
behalf laid out and expended and that a Special ofifa issue out of
this Court therefor to be levied on the lands so attached And the
same be sold to satisfy said judgement damage cost.
Page 111:
April Term 1866
6th day Saturday April 21st 1866 21st inst
Mayfield Hoshan Plaintiff
Against
Jedediah Waldo Defendant
Civil action in Damages
Now on this day comes the plaintiff by his attorney and the
defendant by Robert Allen his attorney and the cause being ready for
trial Whereupon it is ordered by the Court that the Sheriff of St.
Clair County Summon a jury of twelve men to try the above Entitled
cause Whereupon the said Sheriff returned here into Court Wm. O.
Mead, D.S. Whitten, Jesse Eblin, Wm. George, Mark Renfro, Richard
Lenox, Joshua Whitaker, John Cranmer, Jackson Gowen, John L. Ross,
D. Shippy, E.M. Sales twelve good and lawful men who after being
called and sworn as the law directs proceeded to hear the evidence
in this cause the following named persons were then brought forward
& sworn on the part of the plaintiff A.S. Baker, Benjamin Moore and
(space) Moore after which Mayfield Hoshan was sworn & gave in his
testimony on the part of the defendant and after the argument of
counsel for Plaintiff and defendant and the instruction of the Court
the jury retired to consider the evidence in this Cause after which
they returned here into court a verdict in words and figures as
follows “We the jury find for the plaintiff and assess damages at
Five Hundred Dollars Wm. O. Mead foreman” and it further appearing
from the return of the Sheriff of St. Clair County that he did on
the 27th day of May AD 1864 attach all the right title and interest
of the said Jedediah Waldo in obedience to a writ of attachment
issued out of the clerks office of the Court in & to the following
described lands viz
SW ¼ & NW ¼ of NW ¼ frl qr Sec 7 Township 37 Range 25
W ½ SW frl qr (WSR) Sec 6 Township 37 Range 25
SE off of NE frl qr & NE off of NE frl qr Sec 12 Township 37 Range
26
E ½ SE frl qr Sec 1 Township 37 Range 26
SW ¼ of SW ¼ Sec 35 Township 37 Range 26
It is therefore considered adjudged and decreed that the said
plaintiff have and recover of and from the said Jedediah Waldo
defendant the said sum of Five Hundred Dollars his damage with cost
and charges in this behalf laid out and expended and that a Special
osi fa issue out of this court therefor to be levied on the lands so
attached and the same be sold to satisfy said judgement and cost.
Page 112:
April Term 1866
William A. McClain Plaintiff
Against
Jonathan Culbertson Defendant
Civil Action on Promissory Note
Now at this day comes here into 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 interest claim and
demand of Jonathan Culbertson of in or to the following real Estate
situate in said County viz
W ½ of SE & W ½ of NW & SE of SE Sec 32 Township
NE of SE & part SE of SE Sec 30 & NE of frl E ¼
Sec 31 all in Township (37) Range (24) and SW of SW & E ½ of
SE of SW of Sec 4 & the SE of SE Sec 27 & S ½ of NE Sec (34) & NW ¼
qr of Sec 35 all in Township 37 Range 25
James P. Beck adm’r of the Estate of Preston Beck dec’d Plff
against
Waldo P. Johnson Defendant
Civil action on Promissory note
Now at this day comes here into Court Broadis G. Roberts who is
Known to the Court to be the Sheriff of St. Clair County and
acknowledges the execution to D.P. & G. Whitelow Shield all the
right title interest claim and demand of Waldo P. Johnson of in or
to the following real Estate situate in said County viz
SW frl ¼ (SOR) Section 19 Township 38 Range 25
Also Lots No. 1 to 12 inclusive in Block No. 33 in the town of
Osceola County of St. Clair.
Isaac Rogers Plaintiff
Against
Thomas D. Hall Sr., John W. Wells & Jefferson Hall late of the firm
of Hall Noland & Co. Defdts
Civil Action by Attachment
Now at this day comes here into Court Broadis G. Roberts who is
Known to the Court to be the Sheriff of St. Clair County &
acknowledges the execution to D.P. & G. Whitelow Shield all the
right title claim interest & demand of Thomas D. Hall Sr., John W.
Wells & Jefferson Hall of in & to the following described real
Estate situate in St. Clair Co. viz
W ½ & NE NE Sec 36 Town 37 Range 25
W ½ SE & NE SW & NW NW Sec 22 Town 36 Range 24
E ½ NW Sec 20 Town 36 Range 24
E ½ NE of NE Sec 17 Town 36 Range 24
Page 113:
April Term 1866
Saturday April 21st day AD 1866
Christian Hoover Plaintiff
Against
Thama Rickey adm’r of the Estate of James Rickey deceased
Appeal from County Court of St. Clair County Mo.
Be it remembered that a Regular term of the circuit Court within and
for the County of St. Clair Missouri began and held at the Court
House in the town of Osceola on the Sixteenth day of April AD 1866,
among other of the proceedings of said Court the following were had
to wit: on the 21st day of April, being the Sixth day of the Term in
the case of Christian Hoover Plaintiff against Thama Rickey
Administrator & of the Estate of James Rickey dec’d Deft, the motion
of the plaintiff previously filed by plaintiff to dismiss the appeal
of the defendant to which motion is in words following to wit: 1st
the plaintiff in the above written Cause by his attorneys now moves
the Court to dismiss the appeal taken in the said cause because
there is no United States Ins. Revenue Stamp affixed to any part of
the papers filed in the said Cause, by the defendant said because
the Defendant has not perfected her appeal from the County Court
from whose judgement the appeal is attempted to be taken by affixing
to her affidavit for an appeal or to any other paper or proceeding
in the Matter of her said attempted appeal a US Int Rev Stamp of a
proper denomination or of any denomination as is required by law
Burdett & Clarke attys for plaintiff and the cause Coming on to be
heard the evidence herein filed is heard, and ordered by the court
and the Defts Appeal adjudged to be well taken and perfected
Wherefore the Defendant files herein her affidavit and petition for
a Change of Venue as follows to wit:
Christian Hoover Applee Plaintiff
Against
Thama Rickey Administratrix of The Estate of James Rickey decd
Appellant
Appeal from County Court of St. Clair County
Petition for Change of Venue
Now at this day comes Thama Rickey admx of the Estate of James
Rickey deceased, defendant in the above mentioned Cause and
petitions the Court that a change of venue may be had in that Suit
for the following Cause”
That the inhabitants of the 7th, 13th & 14th Judicial Circuits are
prejudiced against this applicant and the heirs of the Estate of
James Rickey deceased that she has Just Cause to believe and does
believe that she cannot have a fair trial on account of the same
above alledged.
D.P. Shield
DO atty for Deft
Page 114:
April Term 1866
Saturday April 4th 1866 21st inst
Thama Rickey defendant makes oath and says that the foregoing
petition for the change of Venue in this Cause, and the Statements
therein made She believes to be true
Sworn to and Subscribed before me this 17th day of April AD 1866
C.B. Starky Clerk
It is therefore ordered by the Court that the defendant in the above
entitled Cause be and ordered a Change of Venue to Henry County
Missouri, for the trial of this Cause, to which opinion of the Court
the plaintiff objected and accepted at the time, and presents this
his Bill of exceptions, which he prays to be signed sealed and made
a part of the record in said cause which is accordingly done.
Burr H. Emerson Grace
Circuit Judge
Mathew Salsberry Plaintiff
Against
Thama Rickey admr’x of the Estate of James Rickey deceased Defendant
Appeal from County Court of St. Clair County
Be it remembered that at a regular Term of the Circuit Court within
and for the County of St. Clair Missouri began and holden at the
Court House in the town of Osceola on the 16th day of April AD 1866,
among other of the proceedings of the said Court the following was
had to wit: On the 21st day of April and being the Sixth day of the
Same in the case of Mathew Salsberry plaintiff, against Thama Rickey
Administratrix of the Estate of James Rickey deceased defendant the
motion of the plaintiff previously filed by plff dismiss the appeal
of the defendant, which is in words following to wit: The plaintiff
in the above entitled Cause, now moves the Court to dismiss the
appeal in said Cause for the reason, that no United States Int
Revenue Stamp, of the proper denomination is affixed to the process
on which the appeal is attempted to be taken from the Judgement of
the County Court of St. Clair County in which Said Judgement was
obtained by the plaintiff. Burdette & Clarke attys for plaintiff and
Said Cause coming on to be heard, Said motion is by the Court
overruled, and the defendants appeal adjudged to be well taken and
perfected Whereupon the defendant filed herein her affidavit and
petition for a Change of Venue in this Cause which is in words
following
Page 115:
April Term 1866
Saturday April 21st 1866 21st inst
to wit:
Mathew Salsberry Appellee Plaintiff
Against
Thama Rickey admr’x of the Estate of James Rickey deceased Appellant
Defendant
Appeal from County Court St. Clair County
Now at this day comes Thama Rickey admr’x of the estate of James
Rickey dec’d defendant in the above Entitled cause, and petitions
the Court that a Change of Venue may be made in this Suit for the
following Cause
That the inhabitants of the 7th, 12th & 14th Judicial Circuits are
prejudiced against this applicant and the heirs of the estate of
James Rickey deceased that she has Just Cause to believe, and does
believe that She cannot have a fair trial on account of the cause
above alleged.
D.P. Shield & Br
Atty for Deft
Thama Rickey defendant makes oath & says the foregoing petition for
a Change of Venue in this cause & the Statements therein made She
believes to be true.
Thama Rickey
Sworn to and Subscribed before me this 21st day of April AD 1866
C.B. Starkey clerk
The foregoing affidavit & petition herein filed in the above
entitled cause, it is ordered by the Court that a Change of Venue to
Henry County Mo. be awarded to said defendant for the trial of the
above entitled Cause.
William Gorten Plaintiff
Against
John McMerty Defendant
Civil action by attachment
Now at this day comes the plaintiff by his attorney and it appearing
to the Satisfaction of the court that the defendant John McMerty has
been duly notified of the pending of this suit by publication in
Boliver Weekly Sentinent a weekly newspaper printed and published in
the town of Bolivar, County of Polk and State of Missouri 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
defendant having failed to plead answer or demur to plaintiffs
petition the Same is
[written in left hand margin: Error entered previously
Page 116:
April Term 1866
Taken as confessed and this action being founded upon a promissory
note for the direct payment of money Signed by the defendant, from
which the court by an examination, thereof doth find the defendant
John McMerty indebted to the plaintiff in the Sum of Eleven Hundred
dollars his debt, and two hundred and forty seven dollars and forty
one cents, his damages & costs – And it further appearing to the
court that a writ of attachment issued out of the clerks office of
this court Against the defendant John McMerty, directed to the
Sheriff of St. Clair County and by him delivered on the 23rd day of
January AD 1866, executed by Seizing and levying upon all the right
title and interest of the said John McMerty in and to the following
described lands Situate in the County of St. Clair State of Missouri
viz:
N.W. ¼ NW ¼ & W. 1/3 SE ¼ & S.E. S.E. Section 10 T38 R28
W ½ SW ¼ & W ½ Lot (1) NW Section 3 T38 R28
N.W. ¼ NW & E ½ SW ¼ Section 13 T38 R28
W ½ NE & E ½ NW Section 1 T38 R28
W ¼ NE Sec (29) N ½ SE Section 29 T33 R28
NE NW & NW NE Section 30 T33 R28
Lot one & W ½ Lot (2) NE Section 4 T33 R28
W ½ SW Sec (3) & SW ¼ of Section 19 T38 R28
NE ¼ & NE ¼ of SE ¼ Section 14 T38 R28
& NW ¼ SE Section 32 T39 R27
S.W. S.E. Sec (11) & SW NW & NW SW Section 10 T38 R28
S.E. S.W. ¼ & W ½ S.E. & S.E. S.E. S.E. Section 17 T39 R27
N.E. N.E. Sec (30) & N ½ NE Section 36 T38 R28
W ½ Section (26) & NW ¼ Section 9 T38 R26
It is therefore Considered adjudged and decreed by the Court that
the plaintiff have and recover of and from the said defendant his
debt of Eleven Hundred dollars and Two hundred and forty seven
dollars & 41/100 dollars his damages and for costs laid out and
expended in this behalf and that a Special fifa issue out of this
court against the property attached, and that this Judgement bear
ten per cent interest.
[written in left hand margin: Error Entered previously]
Thomas Stringer, Lewis S.S. Allen & Jacob Vannerstram Plaintiffs
Against
Francis M. Cole & John Dawson Defendants
Civill action on Note
Now at this day comes here into Court the plain plaintiffs aforesaid
by their attorney and it appearing
Page 117:
April Term 1866
5th day Regular April Term 1866 20 inst
to the Court by the return of the Sheriff of St. Clair County that
the defendants Francis M. Cole & John Dawson have been duly served
with process more than fifteen days before the first day of this
term of this Court, and the Said defendants being three times
solemnly called came not but make default, nor have they filed any
answer herein whereby the plaintiffs petition remains undefended,
and the said action being founded upon a promissory note for the
direct payment of money executed by said defendants, payable to the
plaintiffs whereupon the court doth find that the defendants owe and
are Justly indebted to plaintiffs in the sum of (space) as principal
and returnable in Said note together with cost and charges laid out
and expended in this behalf. It is therefore Considered adjudged and
decreed that said Plaintiffs have and recover of and from the said
defendants the Sum of (space) for their debt and also as well as
their cost and charges and that they have execution therefor.
William M. Cox Plaintiff
Against
John R. Bourland Defendant
Now at this day comes the plaintiff by his attorney and it appearing
to the Satisfaction of the Court that the defendant John R. Bourland
has been duly notified of the pending of this suit by publication in
the Missouri Advocate a Newspaper printed and published in the town
of Clinton County of Henry, and State of Missouri 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 defendant
having failed to plead answer or demur to plaintiffs petition the
same is taken as confessed, and this action having been founded on a
promissory note for the direct payment of money signed by the
defendant from which the court by an examination thereof doth find
the defendant John R. Bourland in debt to the plaintiff in the sum
of Fifty Six dollars for his debt and damages. And it further
appearing to the Court that a writ of attachment issued out of the
Clerks office of this court against the defendant John R. Bourland
directed to the Sheriff of St. Clair County and by him returned on
the 17th day of February 1866 executed by seizing and levying upon
all the right title
Page 118:
April Term 1866
5th day Regular April Term 1866 20 inst
And interest of the said John R. Bourland in and to the following
described lands Situate in the County of St. Clair State of Missouri
viz:
SW qr of S.E. qr Section 2 Township 36 Range 27
the NE qr of SW qr Section 11 Township 36 Range 26
It is therefore Considered adjudged and ordered by the Court that
the plaintiff have and recover of and from the Said defendant his
debt of Fifty Six dollars together with damages & cost laid and
expended in this behalf and that a Special fifa issue out of this
Court against the property attached.
John Wooff & John J. Hoppe Plaintiffs
Against
E.H. Taber, W.D. Barckley & J.E. Barkley Defts
Now at this day come here into Court the plaintiffs aforesaid by
their attorney, and it appearing to the court by the return of the
Sheriff of St. Clair County that the defendant E.H. Taber, W.D.
Barckley & J.E. Barckley have been duly served with process, more
than fifteen days before the first day of this term of this court,
and the said defendant being three times solemnly called Comes not
but makes default, nor has he filed any answer herein whereby the
plaintiffs petition remains undefended and the Said action being
founded upon a promissory note for the direct payment of money,
executed by said defendant payable to the plaintiffs the Court doth
find that the defendant E.H. Taber is indebted to plaintiffs in the
Sum of One Hundred and seven 75/100 dollars his debt, and Fifty &
78/100 dollars his damages. It is therefore Considered and adjudged
and decreed that said plaintiff have and recover of and from the
said defendant the Sum of One Hundred & Seven 75/100 Dollars for
their debt and also the Sum of Fifty & 78/100 dollars for their
damages as well as their cost and charges, and they have execution
therefor.
Page 119:
April Term 1866
5th day Regular April Term 1866 20 inst
William R. Martin & Charles Martin Plaintiffs
Against
Eber H. Taber Defendant
No. 208
Now at this day comes here into court the plaintiffs by their
attorney, and it appearing to the Court, by the return of the
Sheriff of St. Clair County that the defendant E.H. Taber has been
duly served with process, more than fifteen days before the first
day of the term of this court, and the Said defendant being three
times solemnly called comes not, but makes default, nor has he filed
any answer herein whereby the Plaintiffs petition remains
undefended, and the said action being founded upon a promissory note
for the direct payment of money, executed by said defendant payable
to these plaintiffs. The Court doth find that the defendant is
indebted to plaintiffs in the sum of Two hundred and forty five
31/100 dollars debt and damages It is therefore considered adjudged,
and decreed that said plaintiffs have and recover of and from the
said defendant the Sum of Two hundred and forty five 30/100 dollars
their debt and also damages, as well as their cost and charges, and
that they have execution therefor.
David M. Hitchcock, Charles Beardslee & Benjamin Joy
Against
E.H. Taber, James E. Barckly, William P. Barckley & James Atkinson
Defendants
No. 241
Now at this day comes here into court the plaintiffs by their
attorney, and it appearing to the court by the return of the Sheriff
of St. Clair County that the defendant H.H. Taber has been duly
served with process, more than fifteen days before the first day of
the term of this court, and the said defendant being three times
solemnly called comes not, but makes default nor has he filed any
answer herein whereby the plaintiffs petition remains undefended,
and the said action being founded on a promissory note for the
direct payment of money, executed by said defendant, payable to
these plaintiffs the court doth find that the defendant is indebted
to plaintiffs in the sum of Nine Hundred Eighty two 87/100 dollars
Debt and damages It is therefore considered adjudged and decreed
that said Plaintiffs have and recover of and from said defendant the
Sum of Nine Hundred Eighty Seven 87/100 dollars their debt and
damage, as well as their cost and charges, in this behalf laid out
and expended, and that they have execution therefor.
Page 120:
April Term 1866
5th day Regular April Term 1866 20 inst
Merchants Bank of St. louis Plaintiff
Against
Wm. M. Cox, Henry Denny as Public Administrator having in charge the
Estate of William L. Vaughn deceased & William I. Mays Defendants
Now at this day comes the Plaintiff by his attorney and it appearing
to the Court by the return of the Sheriff of St. Clair County that
the defendant Wm. M. Cox has been duly served with process more than
fifteen days before the first day of the term of this court and the
Said defendant being three times solemnly called Comes not but makes
default nor has he filed herein his answer, whereby the plaintiffs
petition remains undefended and the said action being founded upon a
promissory Note for the direct payment of money executed by said
defendants and payable to this plaintiff the Court doth find that
the defendant Wm. M. Cox is indebted to the Plaintiff in the sum of
Four Hundred and twelve 29/100 dollars debt and damages. It is
therefore Considered, adjudged and decreed that plaintiffs have and
recover of and from the said Defendant Wm. M. Cox the Sum of Four
Hundred and twelve 29/100 dollars for his debt and damages, as well
as her cost and charges and that she have execution therefor.
Samuel H. Martin Adm’r Debonis non of the Estate of William Allen
dec’d Plaintiff
Against
Jonathan Culbertson & Benjamin C.B. Bratcher Defts
Court action by attach
Now at this day comes the plaintiff by his attorney and it appearing
to the Court by the return of the Sheriff of St. Clair that Pettis
County that the defendant Jonathan Culbertson (the case having been
dismissed as to Bratcher) has been duly notified of the pending of
this Suit by publication in the Missouri State Times a weekly
newspaper printed and published in Jefferson City County of Cole and
State of Missouri for four weeks Successively the last insertion
having been at least four weeks before the first day of the term of
this court and the defendant Jonathan Culbertson having failed to
plead answer or demur to plaintiffs petition the same is taken as
confessed and the action being founded upon a promissory note for
the direct payment of money signed by the defendants to from which
the cause
Page 121:
April Term 1866
5th day Regular April Term 1866 20 inst
by an examination thereof doth find the defendant Jonathan
Culbertson indebted to the plaintiff (as administrator Debonis non
of the Estate of William Allen deceased) in the Sum of Ninety one
and 40/100 dollars his debt and Fifty three 99/100 dollars his
damages & costs. And it further appearing to the court that a writ
of attachment issued out of the Clerks office of this court against
the defendant Jonathan Culbertson directed to the Sheriff of St.
Clair County and by him returned on the 29th day of March 1866
executed by Seizing and levying upon all the right title and
interests of the Said Jonathan Culbertson in and to the following
described lands Situate in the County of St. Clair State of Missouri
to wit: North East ¼ of the North East ¼ Sec. 32 T.37. R.24. & South
West ¼ of the South East quarter Sec 30 T.37. R.26
It is therefore considered adjudged and decreed by the Court that
the plaintiff have and recover of and from the Said defendant
Jonathan Culbertson the Said Sum of Ninety one 40/100 dollars for
his debt. Fifty three 99/100 dollars his damages & cost laid out and
expended in this behalf, and that a Special fifa issue out of this
Court against the property attached and that the Same be sold to
Satisfy Said Judgement and Cost, and that Judgement bear ten per
cent interest.
Reubin Vaughan Plaintiff
Against
William Harris Defendant
No. 10.
Now at this day comes the plaintiff by his attorney and it appearing
to the Court by the return of the Sheriff of St. Clair County that
the Defendant William Harris has been duly Served with process, more
than fifteen days before the first day of the term of this court,
and the said defendant being three times solemnly called comes not
but makes default nor has he filed herein his answer, whereby the
plaintiffs petition remains undefended, and the said action being
founded upon a promissory note for the direct payment of money
executed by Said defendant, and payable to the plaintiff the Court
doth find that the defendant William Harris owes, and stands
indebted to the plaintiff in the Sum of One thousand & two 60/100
dollars debt and damages It is therefore Considered adjudged and
decreed that plaintiff have and recover of and from the said
defendant William Harris the said Sum of One thousand & two 60/100
$1002.60/ dollars debt and damages, as well as his cost and charges,
and that he have execution therefor.
[Written in left hand margin:
State of Missouri County of St. Clair ss
(can’t read) all my right tile interest in and to (can’t read)
Judgement and fully authorize him to prosecute the same in my name
or otherwise to final of paying the money (can’t read) 7th May AD
1869. Attest: Wm. H. Graham as clk. Richard Vaughan Sec’y]
Page 122:
April Term 1866
5th day Regular April Term 1866 20 inst
The Merchants Bank of St. louis Plaintiff
Against
William Lenix & Henry Denny public Administrator having in charge
the Estate of William L. King dec’d
No. 200
Now at this day comes the plaintiff by her attorney and it appearing
to the Court by the return of the Sheriff of St. Clair County that
the Defendant Henry Denny Public Administrator of St. Clair County,
having in charge the Estate of Wm. L. King deceased, (the Suit
having been dismissed as to William Lenix) has been duly served with
process more than fifteen days, before the first day of the term of
this Court, and this being a Suit founded on a promissory note for
the direct payment of money, whereby the amount which defendant
ought to pay to plaintiff is as contained the court doth find that
defendant owes and Stands indebted to plaintiff in the sum of Two
Thousand four Hundred and Six 33/100 ($2406 33/100) dollars debt and
damages. It is therefore ordered by the Court that the Plaintiff
have and recover of and from the Said defendant Henry Denny
Administrator as aforesaid the said sum of Two thousand four hundred
and Six & 33/100 ($2406.33/100) dollars together with her cost and
charges laid out and expended herein and that execution issue
therefor against the property of the said defendant.
A.M. Heads Petition for relief (can’t read) and setting (can’t read)
by statute (can’t read) to (can’t read) having assess against the
United States, and the state of Mo.
Now on this day comes here into Court A.M. Head whose petition had
been filed five days in this Court as required by the Courthouse in
which application is made to be as Cause Seize (can’t read) both
required by the Court (can’t read) of the State of Missouri (can’t
read) as far as to his being in accord against the State of Missouri
& It was the (can’t read) having Cause on to be heard and the
evidence produced Is Seen A.M. Head be (can’t read) the taking of
Said Such (can’t read) to his having been in arrest against the
(can’t read) State & State of Missouri.
Page 123:
Page is blank.
Page 124:
Page is blank.
Page 125:
Page is blank.
Page 132:
April Term 1866
Regular April Term 19 1865 Saturday 22 inst
The Merchants Bank of St. louis
vs
Amos G. Green & W.H. Trollinger
No. 41
Now at this day comes the plaintiff and by leave of the court
dismisses the action as to William H. Trollinger and it appearing to
the court that the defendant William H. Trollinger has been duly
served notified of the pending of this suit by publication in the
Missouri State Times a newspaper printed and published in Jefferson
City in the County of Cole in the State of Missouri for four weeks
successively, the last insertion being at least four weeks before
the first day of the term of this Court and the defendant having
failed to plead answer or demur to plaintiffs petition, whereby this
suit remains undefended, the same is taken as confessed, and this
action having been founded on a promissory note for the direct
payment of money Signed by the defendants from which the Court by an
examination doth find the defendant W.H. Trollinger indebted to the
plaintiff in the Sum of One Hundred and eighty & 83/100 dollars
$180.83/100 dollars debt and damages. It is further appearing to the
satisfaction of the Court that a writ of attachment issued out of
the Clerks office against the defendant W.H. Trollinger directed to
the Sheriff of St. Clair County and by him returned on the 9th day
of June 1866 executed by seizing and levying up all the right title
interest and claim that the said William H. Trollinger had in and to
the following described real estate Situate in the County of St.
Clair in the State of Mo to wit:
W ½ S.E. 14 Sec 20 T 33 Range 27
S West fl qr NOR NW Sec 6 T37 R27
Lot (1) South West qr Sec 30 T 38 R 27
NE NE Sec 9 T 38 R 27
N W S E Sec 15 T 38 R 27
N ½ NE NW SW Sec 20 T 38 R 27
E ½ lot (2) NW Sec 6 T 38 Range 26
Part S ½ lots 1 & 2 SW Sec 30 T 38 R 26
NW qr SOR Sec 31 T 38 R 26
E ½ SE SBOR Sec 26 T 38 R 27
S E S W & S W S O River Sec 22 T 38 R 27
E ½ & NW SE Sec 26 T 38 R 27
SW NW Sec 27 T 38 R 27
SW & SE qr NE CBR Sec 2 T 37 R 27
E ½ SW SW Sec 28 T 38 R 27
Lot 1 & 15 Lot 2 SW Sec 30 T 38 R 27
SE qr & Lot 1 SW qr Sec 31 T 38 R27
Page 133:
April Term 1866
Regular April Term AD 1865 Saturday 22 inst
Lot 2 NW Sec 31 T38 R27
S ½ NE W ½ SW & N ½ SE Sec 32 T 38 R 27
NE qr L Bor Sec 36 T 38 R 27
SE SE Sec 36 T 38 R 27
S ½ & SE SW R Bor Sec 36 T 38 R 27
NE NW Sec 6 T 37 R 27
SE qr LBOR Sec 5 T 37 R 27
SE SE Sec 8 T 37 R 27
S ½ NW Sec 8 T 37 R 27
S ½ W W NOR Sec 4 T 37 R 28
S ½ NE Sec 5 T 37 R 28
W ½ SE Sec 26 T 38 R 28
It it therefore considered adjudged and decreed by the Court that
the plaintiff have and recover of and the said defendant William H.
Trollinger her debt of One Hundred and eighty dollars & 33 cents
with damages & cost laid out and expended in this behalf and that a
Special execution issue against the property attached.
Merchants Bank of St. louis plaintiff
Against
William H. Trollinger Defendant
No. 42
Now at this day comes the plaintiff by her attorney and it appearing
to the satisfaction of the Court that the defendant William H.
Trollinger had been duly notified of the pending of this suit by
publication in the Missouri State Times A Newspaper printed and
published in Jefferson City in the County of Cole in the State of
Missouri for four weeks successively the last insertion having been
at least four weeks before the first day of the term of this court,
and the defendant having failed to plead answer or demur to
plaintiffs petition whereby this remains undefended the Same is
taken as Confessed and this action having been founded on a
promissory note for the direct payment of money Signed by the
defendant from which the by an examination doth find the defendant
W.H. Trollinger indebted to the plaintiff in the Sum of Six Hundred
and fifty eight dollars and six cents $658.06/100 debt and damages
and it further appearing to the Satisfaction of the Court that a
writ of attachment issued out of the clerks office against the
defendant W.H. Trollinger and returned on the 5th day of June 1864,
executed by Seizing and levying upon all the rights title and
interest that the said Wm. H. Trolliner had as and to the following
real Estate Situate in the County of St. Clair and State of
Missouri:
To wit W ½ SE Sec 28 T 38 R 27
Page 134:
April Term 1866
Regular April Term 1866 Saturday 22 inst.
SW fl. Qr. SBOR SW Sec 6 T37 R27
Lot (1) SW Sec 30 T38 R27
NE NE Sec 19 T 38 R27
SW SE Sec 15 T38 R27
S ½ NE SW SW Sec 20 T38 R27
E ½ lot 2 NW Sec 6 T38 R26
Part S ½ Lots 1 & 2 SW Sec 20 T38 R26
NW qr SOR Sec 31 T38 R26
E ½ SE SOR Sec 25 T38 R27
SE SW SW SW SOR Sec 22 T38 R27
E ½ & SW SE Sec 26 T38 R27
SW NW Sec 27 T38 R27
SW & SE qr (NBOR) Sec 2 T37 R27
E ½ SW SW SW Sec 28 T38 R27
Lot 1 & part lot SW Sec 30 T38 R27
SE qr lot 1 SW qr Sec 31 T38 R27
Lot (2) SW Sec 31 T38 R27
S ½ NE W ½ SW N ½ SE Sec 32 T38 R27
NE qr SBOR Sec 38 T38 R27
SE SE Sec 36 T38 R27
S ½ & SE SW RBOR Sec 36 T38 R27
NE NW Sec 6 T37 R27
SE qr SBOR Sec 4 T37 R27
SE SE Sec 8 T37 R27
S ½ SW Sec 3 T37 R27
S ½ NW NOR Sec 4 T37 R25
S ½ NE Sec 5 T37 R28
W ½ SE Sec 26 T38 R28
It is therefore considered, adjudged and decreed by the Court that
plaintiff have and recover off and from the said defendant W.H.
Trollinger his debt of Six hundred and fifty eight dollars and Six
cents $658. & 6/100 dollars with damages & cost laid out in this
behalf and expended and that a Special execution issue against the
property atteached.
The Merchants Bank of St. louis
Against
Wm. H. Trollinger & Amos G. Groom
No. 43
Now at this day comes the plaintiff by her attorney and by leave of
the court dismisses this suit as to Amos Groom and it appearing to
the Court that Wm. H. Trollinger has been duly notified of the
pending of this suit by publication in the Missouri State Times a
Newspaper printed and published in
Page 135:
April Term 1866
Regular April Term 1866 Saturday 22 inst.
Jefferson City in the County of Cole in the State of Missouri for
four weeks successively the last insertion having been at least four
weeks before the first day of the term of this court, and the said
defendant having failed to plead answer or demur to plaintiffs
petition, whereby this suit remains undefended, the same is taken as
confessed, and this action being founded upon a promissory note for
the direct payment of money, Signed by defendant, from which the
court by an examination doth find the defendant W.H. Trollinger
indebted to plaintiff in the sum of One Hundred and eighty eight
dollars & twenty six cents $188.26 debt and damages and it further
appearing tot eh satisfaction of the Court that a writ of attachment
issued out of the Clerks office against the defendant directed to
the Sheriff of St. Clair County and by him returned on the 9 day of
June 1864, executed by seizing and levying upon all the right title
and interest of the said Wm. H. Trollinger in and to the following
described real estate Situate in the County of St. Clair in the
State of Missouri, described as follows to wit:
W ½ SE Sec 20 T38 R27
SW W qr SBOR SW Sec 6 T37 R27
Lot (1) SW Sec 30 T38 R27
NE SE Sec 12 T38 R27
S ½ NE NW SW Sec 20 T38 R27
E ½ lot 2 NW Sec 6 T38 R26
Part S ½ lot 1 & 2 SW Sec 30 T38 R26
NW qr (SBOR) Sec 31 T38 R26
E ½ SE (NBOR) Sec 35 T38 R27
S.E. SW SW SE (SBOR) Sec 22 T38 R27
E ½ SW SE Sec 26 T38 R27
S NW Sec 27 T38 R27
SW SE NE (SBOR) Sec 2 T37 R27
E ½ SW SW Sec 25 T38 R27
Lot S ½ lot 2 SW Sec 30 T38 R27
SE qr lot (1) W & SW qr Sec 37 T38 R27
Lot NW Sec 31 T38 R27
SE NE & W ½ SW & N ½ SE Sec 32 T38 R27
N ½ qr (SBOR) Sec 6 T38 R27
S ½ SE SW SBOR Sec 36 T38 R27
NE NW Sec 6 T37 R27
SE (SBOR) Sec 4 T37 R27
NE SE Sec 8 T37 R27
SE qr (SBOR) Sec 4 T37 R27
NE SE Sec 8 T37 R27
S ½ NW Sec 3 T37 R27
S ½ SW NOR Sec 4 T37 T28
S ½ NE Sec 5 T37 R27
S ½ SE Sec 26 T38 R28
Page 136:
April Term 1866
It is therefore considered adjudged and decreed by the Court that
plaintiff have and recover off and from the said defendant W.H.
Trollinger the said sum of One Hundred and eighty eight dollars and
twenty six cents $188.26 with damages and cost laid out in this
behalf and expense and that a Special execution issue against the
property attached, to pay the debt damages & cost of said.
Merchants Bank of St. Louis
Against
Edmond Nance, Richard Crenshaw & Wm. D. Nance
No. 41
Now at this day comes the Plaintiff by her attorney and by leave of
the Court dismisses this suit as to William D. Nance and it
appearing to the Court Edward Nance had been duly notified of the
pending of this suit by publication in the Missouri State Times a
Newspaper published in Jefferson City, in the County of Cole, and in
the State of Missouri for four weeks successively the last insertion
having been at least four weeks before the first day of the term of
this Court, and the said defendant having failed to plead answer or
demur to plaintiffs petition the same is taken as confessed and this
action being founded upon a promissory note for the direct payment
of money, signed by defendant indebted to plaintiff in the sum of
three Hundred & fourteen dollars $314 his debt and damages and it
further appearing to the Court that a writ of attachment issued out
of the Clerks office against the defendant Edmund Nance, and
returned by him on the 9th day of June 1864, by seizing and levying
upon all the right title and interest of the said Edmund Nance, in
and to the following described real estate lying and being situate
in the County of St. Clair in the State of Missouri, to wit:
SE SE Sec 7 T37 R24
SW SW Sec 8 T37 R24
SW NW Sec 17 T37 R24
NE quarter Sec 18 T37 R24
E ½ NE Sec 17 T37 R24
SW NW Sec 20 T37 R24
NW NW Sec 27 T37 R24
It is therefore Considered adjudged and decreed by the Court that
plaintiffs have and recover of and from the said defendant W.H.
Trollinger the said sum of $314 expended with damages & costs laid
out in this behalf and expended and that a Special execution issue
against the property attached.
Page 137:
April Term 1866
Regular April Term Saturday 22 1865
The Merchants Bank of St. Louis
Against
Hugh Hall Adm’r of Estate of William D. Rury deceased
No. 87
Now at this day comes the plaintiff by her attorney and it appearing
to the Court the defendant Hugh Hall has been duly notified of the
pending of this suit, by publication in the Missouri State Times a
Newspaper published in the City of Jefferson in the County of Cole
in the State of Missouri, for four weeks successively the last
insertion having been at least four weeks before the first day of
the term of this court, and the said defendant having failed to
plead answer or demur to plaintiffs petition the same is taken as
confessed, and the action being founded on a promissory note for the
direct payment of money signed by defendant from which by
examination the court doth find the defendant is endebted to
plaintiff in the sum of Two thousand $2000. dollars debt and
damages, and it appearing to the court that a writ of attachment
issued out of the clerks office against the defendant and directed
to the Sheriff of St. Clair County and by him returned on the 15th
day of June 1864 by seizing & levying upon all the right title and
interest of the said defendant had in and to the following described
real estate situate in the County of St. Clair in the State of
Missouri to wit:
The South East qr of Sec 31 T36 R24
E ½ SW qr Sec 31 T36 R24
W ½ part SE of NE qr Sec 31 T36 R24
It is therefore Considered adjudged and decreed by the Court that
the plaintiff have and recover of and from the said defendant the
said sum of Two thousand $2000. 00/100 dollars, with expenses and
cost in this behalf laid out and expended, and that a Special
execution issue against the property within.
The Merchants Bank of St. Louis
Vs
A.D. McClain, John H. Collins & Julius Huber Defendants
No. 91
Now at this day Comes the plaintiff by her attorney, and by and by
leave of the court dismissed the action as to Julius Huber & John W.
Collins and it appearing to the Court that the defendant A.D.
Williams has been duly notified of the pending of this suit by
publication in the Missouri State Times a Newspaper published in
Jefferson City, in the County of Cole & in the State of Missouri for
four weeks successively the last
Page 138:
April Term 1866
Regular April Term Saturday 22 AD 1865
insertion having been at least four weeks before the Commencement of
the term of the Court, and the said defendant having failed to plead
answer or demur to plaintiffs petition, or filed herein any answer
whereby plaintiffs petition remains undefended the same is taken as
confessed And this action being founded upon a promissory note, for
the direct payment of money Signed by Defendant, from which by
examination the Court doth find, that the defendant is indebted to
plaintiff in the sum of Five Hundred and eight dollars and twenty
seven cents 508.27/100 debt and damage and it further appearing to
the Court that a writ of attachment issued out of the clerks office,
against the defendant A.D. McClain, and directed to the Sheriff of
St. Clair County and by him returned on the 15th day of June 1864,
by Seizing and levying upon all the right Title and interst that the
Said A.D. McClain had in and to the following described real Estate:
Situate in St. Clair County; to wit the N.E. quarter Sec 16 T37 R28
Also the South half NE qr & ½ SE qr Sec 16 T37 R28
NE qr of SW quarter Sec 16 T37 R28
NE & N ½ SE Sec 17 T37 R28
W ½ Lots 1 & 2 NW qr Sec 6 T36 R28
It is therefore Considered adjudged & decreed by the Court that
plaintiff have and recover off and from the said defendant the said
sum of Five Hundred and Eight dollars & twenty seven cents
$508.27/100 her debt, with damages and cost in this behalf laid out
and expended and that a Special execution issues therefor against
the property attached, to Satisfy the debt damages and Cost
aforesaid.
Page 139:
April Term 1866
Regular April Term St. Clair Cir Court Saturday 25 1866
Whereby the amount which Defendant ought to pay to plaintiff is
ascertained to be until the trial of this Cause being by the consent
of parties referred to this court setting as a Jury the court doth
find that defendant Mary Jane McBride, administratrix of the Estate
of Phillip McBride is indebted to plaintiff in the sum of One
Hundred and twenty Six dollars and thirty five cents $126.35 debt
and damages It is therefore considered adjudged and decreed by the
Court, that plaintiff have and recover off and from the said
defendant, the said sum of One hundred and twenty six 126 dollars
with damages and cost in this behalf laid out and expended, and that
execution issue therefor.
Merchants Bank of St. Louis
vs
John M. Summers administrator of the Estate of William H. Martin,
James Cole and David Perrin
No. 103
Now at this day comes the plaintiff by her attorney and by leave of
the Court dismisses the cause as to James D. Jole, and it appearing
to the Court that the defendants John Summers, & David Perrin had
been served with process more than fifteen days before the first day
of this term of the Court, and the suit being founded on a
promissory note for the direct payment of money and the court doth
find the that the defendants are Justly indebted to plaintiff in the
sum of One Hundred and sixty four dollars and twenty three and
$164.23 debt and damages. It is therefore Considered adjudged and
decreed by the Court, that Plaintiff have and recover off and from
the said defendants the Sum of $164.23 with damages and costs in
this behalf laid out and expended and that6 execution issue therefor
against the property of the defendants.
The Merchants Bank of St. Louis
vs
James D. Gray
No. 107
Now at this day comes the plaintiff by her Attorney and it appearing
to the Court that the defendant James D. Gray has been duly served
with process more than fifteen days before the first day of the term
of this Court, and the said defendant failed to plead
Page 140:
April Term 1866
Regular April Term Saturday 22 AD 1865
Answer or demur to plaintiffs petition, whereby this Suit remains
undefended the same is taken as confessed and this action being
founded on promissory note for the direct payment of money, Signed
by defendant from which by an examination the Court doth find that
the defendant is Justly indebted to Plaintiff in the Sum of One
Hundred and fifty dollars and 28/100 debt and damages. It is
therefore Considered adjudged and decreed that the plaintiff have
and recover off and from the said defendant the said sum of
$150.28/100 his debt with damages & cost laid out in this behalf and
expended, and that execution issue therefor against the property of
the defendant to satisfy the debt damages & cost aforesaid.
The Merchants Bank
Against
A.N. Hester and Abraham Miller
No. 103
Now at this day comes the plaintiff by her attorney and by leave of
the court dismisses this action as to Hester, but it appearing to
the satisfaction of the Court by the return of the Sheriff of St.
Clair County date of March 16 1865, that the defendant Abraham
Miller has been duly served with process more than fifteen days
before the first day of the term of this Court, and said defendant
having failed to plead answer or demur to Plaintiffs Petition
whereby the same remains undefended and this suit being founded on a
promissory note for the direct payment of money Signed by defendant,
from which by an examination the Court doth find that the defendant
is indebted to plaintiff in the sum of One Hundred and nine dollars
and seventy five cents $109.75 debt and damages. It is therefore
Considered adjudged and decreed by the Court that the plaintiff have
and recover off and from the said defendant the Sum of $109.75 with
damage & cost in this behalf laid out and expended and that
execution issue therefor against the property of the defendant.
Page 141:
April Term 1866
Regular April Term St. Clair Circuit Court Saturday 22. 1865
Merchants Bank of St. louis
Against
Casper M. Keller, Samuel V. Keller & John M. Elkins
No. 115
Now at this day comes the plaintiff by her attorney and it appearing
to the satisfaction of the Court that the defendants had been served
with process more than fifteen days before the first day of this
next term of this court, and defendants having failed to plead
answer or demur to plaintiffs petition the same is taken as
confessed, and this action being founded upon a promissory note for
the direct payment of money, signed by defendants from which by an
examination the Court doth find that the defendants are indebted to
the plaintiff in the sum of Five Hundred and five dollars & six
cents debt and damages. It is therefore Considered adjudged and
decreed by the Court that plaintiff have and recover off and from
the said defendants the said sum of $505.06/100 debt with damages
and in this behalf laid out and expended and that execution issue
against the property of the defendant to satisfy the debt damage
laid out and expended.
The Merchants Bank of St. louis
Against
A.D. McClain, John W. Collins & Julius Hacker
No. 91
Now at this day comes the plaintiff by her attorney and by leave of
the court dismisses this action as Peter W. Collins& Julilus Hacker
and it appearing to the satisfaction of the Court that the defendant
A.D. McClain had been duly notified of the pending of this suit, by
publication in the Missouri State Times, a Newspaper printed and
published in Jefferson City, in the County of Cole, in the State of
Missouri for four weeks successively the last insertion having been
at least four weeks before the first day of the term of this court
and the said defendant having failed to plead answer or demur to
plaintiffs petition, or file any answer herein whereby this suit
remains undefended, and the action being founded upon a promissory
note for the direct payment of money signed by defendant from which
by an examination the court doth find that the defendant is Justly
indebted to plaintiff in the Sum of Five Hundred and eight dollars &
27 cents her debt and damages.
Page 142:
April Term 1866
Regular April Term Saturday 22nd 1866 St. Clair Cir Court
The Merchants Bank of St. louis
Against
Casper M. Keller and Samuel V. Keller
No. 119
Now at this day comes the plaintiff by her attorney, and it
appearing to the Court the defendants have been duly served with
process more than fifteen days before the first day of the term of
this Court, and Said defendants having failed plead answer or demur
to plaintiffs petition or file herein their answer by whereby by
plaintiffs petition remains undefended and this action being founded
on a promissory note for the direct payment of money; Signed by
defendants from which by an examination the court doth find that the
defendants are indebted to plaintiff in the sum of Eight Hundred and
twenty five dollars and fifty six Cents $825.56 debt and damages It
is therefore Considered adjudged and decreed by the Court that
plaintiff have and recover off and from the Said defendants the Said
Sum of Eight Hundred and twenty five dollars and 56 cents and that
execution issue therefor against the property of the defendants to
Satisfy the debt damages & cost aforesaid.
6th day Regular April Term 1866 April 21st A.D.
Edwin M___ & William ____tt
Against
___ ___ ____ administrators St. Clair County Missouri having in ____
____ charge the Estate of Lafayette Vaughan
[tape is too faint to read]
Page 143:
April Term 1866
[tape is too faint to read]
Page 144:
April Term 1866
the said William Martin is indebted to the Plaintiff in the sum of
Two hundred and Fifty six dollars debt and damages It is therefore
Considered adjudged and decreed by the Court that Plaintiff have and
recover off and from the said Defendant William Martin the sum of
Two hundred and Fifteen Dollars for her debt and damages and with
the sum of (space) Dollars for her costs and charges and damages at
the rate of Six per cent per annum and that execution issue
therefor.
Regular April Term A.D. 1865
D.H. Walker Admin and Delilah Bunch Admrx of the Estate of David A.
Much decd Plaintiff
agst
Jno. L. McClain Deft
Civil Action Attachment on Promissory Note
Now at this day comes the Plaintiff by her Attorney and it appearing
to the full satisfaction of the Court that the Defendant John F.
McClain has been duly notified of the pending of this suit by
publication in the Missouri State Times [tape is too faint to read]
Page 145:
April Term 1866
[tape is too faint to read]
Page 146:
[Page is blank]
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