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St. Clair County Circuit Court

St. Clair County Circuit Court
Microfilm Transcripts

August Term 1841

Page 7:
August Term 1841

At a Circuit Court Commenced and held at the Dwelling house of William Gash Mg’r for the County of St. Clair on Tuesday the 2nd day of August in the year of our Lord 1841 –
Present: Foster P. Wright, Circuit Judge
Chas. P. Bullock, Clerk
John Smarr, Sheriff

The Sheriff of St. Clair County returned here into Court the Venire facias for a Grand Jury, from which was sworn and empanelled the following named persons as a Grand Jury for the State of Missouri for the body of the County of St. Clair To Wit: William H. McCullock foreman, Daniel W. Harris, Robert Burch, Jacob Counce, Simeon Poston, James C. Burger, Andrew T. Snodgrass, Joshua Gales, William Ainsworth, Abraham Dains, James W. Garnett, Tavenor Beale, Lindsey Applegate, James Norris and Dan’l Waldo who having received their charge retired to consider of their presentments – Daniel Waldo and of the Grand Jurors is by order of the Court discharged and Jesse Applegate sworn as a Grand Juror in his stead.

The Grand Jury returns here unto Court and having no business before them are by the Court discharged.

On motion of James Winston, Felix Houstin is permitted to produce as attorney and Counselor at Law in this Court.

Pleasant M. Cox administrator of the Estate of Richard P. Crutchfield deceased – Plff
vs
Alexander Moore – Deft
Debt & Attachment on Transcript from Justices Court
Now at this Day comes the plaintiff by his attorney and upon his motion this Cause is Ordered to be disrupted at the Defend’t. Costs.

Pleasant M. Cox & Zachariah Lilley – Plffs
vs
Alexander Moore – Deft
Debt & Attachment on Transcript from Justices Court
Now at this day Comes the parties by their attornies and in motion of the plaintiff by his attorney this Cause is by assessment Ordered to be dismissed at Defendant’s Costs.



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August Term 1841

Phillips Crow & Roderick D. McCullock – plffs
vs
Alexander Moore – Deft
Debt of attachment on Transcript from Justices Court
Now at this Day Comes the parties by their attornies and On Motion of the Plaintiff by his attorney and upon the agreement of parties this Cause is ordered to be Dismissed at the Defendant’s Costs.

Samuel Rowark – Plff
vs
Thomas Hester – Deft
Appeal
Now at this day Comes the parties here unto Court and the Defendant by his counsel files here in this motion to rule the plaintiff to security for Costs whereupon the plaintiff files his motion to dismiss the appeal.

Ordered that all declarations, pleadings, and motions filed shall have a margin at the top of an inch to a half and on the left edge of each page and not where any papers contains more than a half page it shall be in roll form and no pleading declaration or motion shall be filed of a less size than a half sheet.

David Kelso – plff
vs
Charles Beale – Deft
Appeal
Now at this Day Comes the defendant by his attorney and upon his motion this Cause is Ordered to be dismissed at the Defendant’s Costs.

On Motion of John Smarr, Sheriff of St. Clair County, Abner C. Lyon is appointed Deputy Sheriff during this present term of this Court who thereupon took the Oath prescribed by law.

State of Missouri – plff
vs
Charles Beale & William Beale – Defts
Indc’t. Grand Larceny
Now at this day comes William Beale in his own proper person in discharge of his recognizance as well as the Circuit attorney who prosecutes for the State of Missouri and the Said Defendant by his attorney files herein his demurrer to the Indictment aforesaid – Whereupon all and singular the



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August Term 1841

Premises being said, and by the Court here fully understood for That it appears to the Court here, that no said indictment and the matters therein Contained are not sufficient in law to Compel the said Defendant William Beale to answer thereto, Therefore it is Considered by the Court here that the said Defendant William Beale be dismissed and discharged of the said Indictment and that he go thereof without day.

State of Missouri – plff
vs
Charles Beale & William Beale – Defts
Indc’t. Grand Larceny
Now on this day Comes the Circuit attorney who prosecutes for the state of Missouri as well as the Said Defendant William Beale in his own proper person and the said Defendant by his attorney files herein his demurrer to the Indictment aforesaid whereupon all and singular the premises being seen and by the Court here fully understood is by the Court Overruled.

Robert N. Burch – Plff
vs
Daniel Brant & Daniel Waldo, Defts
Petition of Debt
Now at this Day Comes the parties by their attornies and motion of the plaintiff by his attorney and by leave of the Court the Sheriff is permitted to Sign the return made by him upon the Summons in this Cause filed.

State of Missouri – Plff
vs
Charles Beale & William Beale, Defts
Indc’t Grand Larceny
Now at this day Comes the Circuit attorney in behalf of the State of Missouri as well as the said Defendant William Beale in his own proper person who having had hearing of the State Indictment and being demanded concerning the premises in the said Indictment above specified and Charged upon him how he will acquit himself thereof for his plea saith he is not guilty thereof and for his trial puts himself upon the Country – and the said Circuit attorney who prosecutes for the State doth the like and thereupon Causes a Jury To wit: Jonas Heyton, Edward H. Delosier, John Tally, James D. Grey, Hyram Mead, Joshua Moore, Reuben Robinson, Benjamin H. Moore, Anthony N. Hester, Uriah L. Sutherland, Edward Delosier and



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August Term 1841

Thomas Hester who were well and truly elected tried and sworn well and truly to try the issue in this Cause Joined after hearing the Evidence returned here into Court the following Verdict To Wit: “We the Jury find the Defendant not guilty in manner and form as charged in the indictment.” Therefore it is Considered by the Court here, that the said Defendant William Beale of the premises, aforesaid, in the indictment aforesaid, above specified, be discharged, and that he go thereof without Day.

Upon Motion of Nathaniel Bell the relator in an information in the nature of a Quo Warranto against Joseph Montgomery, Calvin Waldo and Thomas F. Wright, Commissioners for the Location of the County seat for St. Clair County for leave to file the same which motion is of the Court awarded.

Robert N. Burch – Plff
vs
Daniel Brant & Daniel Waldo – Defts
Petition in Debt
Now at this Day Comes the parties by their attornies and the Defendant Daniel Brant by his attorney and by leave of the Court files his Demerer to the plaintiffs Declaration whereupon on Motion of the plaintiff by his attorney leave is given said plaintiff to await his petition.

Daniel Rowark – Appelln & plff
vs
Thomas Hester – Appellant & Deft
Appeal
Now at this day Comes the parties by their attornies and the defendant by his attorney files herein his motion for leave to file his affidavit here being in different affidavit filed in the appeal and to him leave is granted. Whereupon the Defendant by his Counsel files herein his motion to rule the Plaintiff to security for Costs which motion being seen, heard and fully understood by the Court is by the Court Overruled. Whereupon both parties being ready for trial cause a Jury To wit: Nathaniel Bell, William C. Burks, Robert Beale, William Beale, Jesse Applegate, Robert N. Burch, Richard Smith, Thomas F. Wright and Calvin Waldo, twelve good and lawful men who were duly Elected tried and sworn well and truly to try the matter of Controversy in this Cause



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August Term 1841

Served, and after hearing the Evidence and arguments of Counsel returned unto Court the following verdict To wit: “We the Jury find for the Defendant” – Therefore it is Considered by the Court here that the said Defendant recover of the said plaintiff his Costs and Charges by him in his defense in this behalf laid out and Expended – and that he have thereof his writ of Execution.

Abraham C. Novell – plaintiff
vs
James D. Gray – Defendant
Appeal
Now at this Day Comes the parties by their attornies and the Defendant by his Counsel files herein his motion for a Continuance of this Cause, which motion being seen heard and fully understood by the Court is by the Court Sustained – and this Cause is Ordered to be Continued untill the next Term of this Court at the Defendants Costs.

James V. Garnett – Plaintiff
vs
John G. McMurry – Defendant
Trespass Assault & Battery
Now at this day Comes the parties by their attornies and upon their agreement this Cause is ordered to be dismissed Each party paying one half of the Costs in this behalf laid out and Expended and that they have respectively thereof their writs of Execution.

James V. Garnett – Plaintiff
vs
John G. McMurry – Defendant
Trespass Assault & Battery
Now at this day comes the parties by their attornies and upon the agreement of Said parties this Cause is Ordered to be dismissed. Each party paying one half of the Costs in this behalf laid out and Expended and that they have respectively thereof their writs of Execution ordered by the Court here that the pleadings in all Cases of petition and Summons be filed on or before the morning session of Tomorrow and the pleas in all other Cases to be filed before the rising of the Court on the same day.

Ordered that Court adjourn untill Tomorrow morning – nine of the Clock.
F.P. Wright, Circuit Judge



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August Term 1841

Wednesday Morning 9 of the Clock. Court meet pursuant to adjournment – Present as on Yesterday.

John Sapington – Plff
vs
Reuben L. Nance – Deft
Petition to Summons
Now at this Day Comes the Parties by their attornies and the Defendant by leave of the Court filed herein his Demurer to the plaintiffs petition and by leave of the Court withdraws his said demurer.
James Kelso – Plff
vs
Charles Beale – Deft
Trespass on the Case
Now at this day comes the parties by their attornies and the Defendant by leave of the Court files herein his plea of not guilty to which the plaintiff by his Counsel Joins issue and this Cause is Ordered to be Continued untill the next term of this Court.

William Short – Plff
vs
Pleasant M. Cox – Deft
Trespass
Now at this day comes the parties by their attornies and the defendant by his attorney files herein his plea of not Guilty and Justification to which the plaintiff by his attorney Joins issue.

William Short – Plff
vs
Henry W. Crow – Deft
Trespass
Now at this day Comes the parties here into Court and by leave of the Court the Defendant by his attorney files herein his pleas of not Guilty and Justification to which the plaintiff Joins issue.

William Short – plff
vs
Daniel Short – Deft
Trespass
Now at this day Comes the parties here into Court by their Attornies and the Defendant by leave of the Court files herein his pleas of not Guilty and of Justification to which the plaintiff by his attorney Joins upon.



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August Term 1841

Charles Beale – plff
vs
David Kelso – Deft
Assumpsit
Now at this day Comes the parties by their attornies and the Defendant by his attorney files herein his plea of non assumpsit to which the plaintiff joins issue and this cause is ordered to be Continued untill the next term of this Court.

Charles Beale – plff
vs
David Kelso – Deft
Assumpsit – 1st suit
Now at this day Comes the Defendant by his attorney and upon his motion this Cause is ordered to be dismissed at said plaintiff Costs.

John J. Johnson – plff
vs
Alexander Moore – Deft
Trespass
Now at this Day Comes the plaintiff by his attorney and upon his motion this cause is ordered to be dismissed at said plaintiffs costs.

James V. Garnett – plff
Vs
John G. McMurry – Deft
Appeal
Now at this day Comes the parties by their attornies and upon their motion is Ordered that this Cause be dismissed Each party paying on behalf of the Costs in this Behalf Expended – and that they have thereof respectively their writs of Execution.

Samuel Anderson
vs
Nicholas Ganter
Trover
Now at this day comes the plaintiff by his attorney And upon his motion this Cause is ordered to be dismissed at the said plaintiffs Costs.

Isaac Teale – plff
vs
Nicholas Bunter – Deft
Trover
Now at this Day Comes the said plaintiff by his attorney And upon his motion this Cause is ordered to be dismissed at the said plaintiffs Costs.



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August Term 1841

William Short – plff
vs
Henry W. Crow – Deft
Trespass
Now at this day again Comes the parties by their attornies and the Defendant by his attorney & files herein his motion to rule the plaintiff to security for costs which motion being seen and fully heard by the Court is by the Court sustained whereupon it is Ordered by the Court here that the said plaintiff give here with good and sufficient security Conditioned according to law to be filed in said Cause with the Clerk of this Court at least thirty days before the Commencement of the next term of This Court and in default thereof this Cause is ordered to be dismissed, and on motion of the Defendant by his Counsel and by Consent of the parties the said Defendant has leave to amend his pleas in vacation or plead second plea under general issue at any time before the Commencement of the next term of this Court untill which time this Cause is ordered to be Continued.

William Short – plff
vs
Pleasant M. Cox – Deft
Trespass
Now at this Day Comes the parties again by their attornies And The Defendant by his attorney files herein the motion to rule the plaintiff to Security for costs which motion being seen and fully heard and understood by the Court is by the Court Sustained – Whereupon it is Ordered by the said Court here that the said plaintiff give bond with good and sufficient security Conditioned according to law to be filed with the Clerk of this Court in said Cause at least thirty days before the Commence of the next term of This Court and in default thereof this Cause is ordered to be dismissed – And on motion of the defendant by his Counsel and by Consent of the parties the said defendant has leave to amend his pleas in vacation or plead the Second plea under the General issue And this Cause is Ordered to be Continued untill the next term of this Court.

William Short – plff
vs
Daniel Short – Deft
Trespass
Now at this day Comes the parties by their attornies And the Defendant by his attorney files herein his motion to rule the plaintiff to security for Costs which said motion being seen and fully heard and



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August Term 1841

Understood by the Court is sustained – Whereupon it is Ordered by the Court here that the Said plaintiff give bond with good and sufficient security Conditioned according to law to be filed with the Clerk of this Cause in his cause at least thirty days before the Commencement of the next term of this Court, and in default thereof thus Cause is Ordered to be disrupted and on motion of the defendant by his attorney and by Consent of the parties the defendant has leave to amend his pleadings in vacation or plead his second plea under the general issue at any time before the Commencement of the next term of this Court untill which time this Cause is ordered to be Continued.

Lavina Calhoun – Adm’r to plff
vs
John Graham, Thomas Pearce & Gabriel Healey – Defts
Petition & Summons
Now at this Day Comes the plaintiff here unto Court by their attorney and it appearing to the Court from the return by the Sheriff upon the summons in this Cause issued that the said defendant Cannot be found and upon motion of the said plaintiff by her attorney this Cause is Ordered to be dismissed and leave given the said plaintiff to withdraw the instrument said on which is accordingly withdrawn.

John Sapington
vs
Reuben L. Nance
Petition & Summons
Now at this Day Comes the parties and the defendant by his attorney and by leave of the Court files herein his plea of failure of Consideration And the plaintiff files herein his replication to Said defendants plea and both parties bring ready for trial and neither party requiring a Jury This Cause is Submitted to the Court whereupon the Court after hearing the Evidence And argument of Counsel doth find the issue for the plaintiff and do further find for the Said plaintiff the Sum of Three Hundred Dollars for His Debt and Ten dollars for his damages by way of Interest. Therefore it is Ordered by the Court that the Said plaintiff recover of the Said defendant Sum of Three Hundred Dollars for his debt And ten dollars for his damages. So assess



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August Term 1841

as aforesaid together with his Costs and Charges by him in this behalf laid out And Expended And he have thereof his writ of Execution.

Seth B. Howard – plff
vs
James Garner – Deft
Trespass
Now at this day Comes the parties by their attorneys and files and the defendant by his attorney And by leave of the Court files herein his plea of not guilty. And by Consent of parties leave is given the Said defendant to file his Special plea in this Cause Thirty days before the Next term of this Court And to which time this Cause is Ordered to be Continued.

Philip Crow and Henry W. Crow
vs
Lelia V. Crutchfield, infant heir of Richard P. Crutchfield Deceased
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair County in Open Court And Acknowledges a Deed in favor of Pleasant M. Cox Conveying Lot NO. One in Block No. Seven also fractional Lots No. Five Six Nine and Ten in Block No. Ten as part of the premises in said petition Mentioned And by him Sold under Said decree to be his act And deed for the purposes therein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair County in Open Court and acknowledges a Deed in favor of Samuel M. Moore Conveying Lot No. Six in Block No. Thirty Five as part of the premises in Said petition Mentioned And by him Sold under Said decree to be his act And deed for the purposes herein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair County in Open Court and acknowledges



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August Term 1841

a deed in favor of R.H. Gardner concerning Lots No. Seven And Eight in Block No. Ten and part of the premises in Said petition Mentioned And by Same said under Said decree to be his Act and deed for the purposes therein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
And at this day comes John Smarr Sheriff of St. Clair County in Open Court And acknowledges a deed in favor of Philip Crow Conveying Lot No. one in Block No. Three also a part of lot No. one in Block No. four also lot No. Two in Block No. three also lot No. Eleven in Block No. Five & also lot No. Twelve in Block No. Two & lot No. Eight in block No. Six & lot No. Two in Block No. Seven & lot No. Six in Block No. Thirteen & lot No. Nine in Block No. Fourteen & lots No. Seven Eight and Nine in Block No. Sixteen & lots No. four five and Six and One in Block No. Twenty & lots No. Three four and five and six in Block No. Nineteen & lot No. five in Block No. Thirty five & lot No. Eight in Block No. Five & lots No. One Three and four in Block No. Thirty five & lot No. Three in Block No. Thirty Five & lot No. Two in Block No. Twenty Two & lot No. Eleven in Block No. fifteen & lots No. Three four five Six Seven Eight Ten Eleven and Twelve in Block No. Three & lots No. four and Nine in Block No. Six & lots No. Two Seven Eight Nine ten Eleven And Twelve in Block No. Eleven & Lots No. Nine and Ten in Block No. five & lots No. five eight and Nine in Block No. Thirteen & Lots No. one Two And Three in Block No. fourteen & Lot No. Ten in Block No. Fifteen & Lots No. One Two & tree four five and six in Block No. Sixteen Lots No. One Two Seven Eight Nine ten Eleven and Twelve in Block No. Nineteen & Lots No. Two Three Seven Eight Nine ten Eleven And Twelve in Block No. Twenty & Lots No. four five Six Seven Eight Nine ten Eleven and Twelve & in Block No. Twenty One Lots No. One Two Three four five and six in Block No. Twenty Two & Lots No. Eleven and Twelve in Block No. Twenty Three & Lots No. four Seven Eight ten Eleven and Twelve in block No. Twenty four & Lots No. Three nine ten Eleven And Twelve in Block No. Twenty four fractional Lots No. Tree And four And lots five And Six in Block No. Twenty Seven Fractional Lot No. Seven Eight And Nine in Block No. Twenty Eight & Lots No. Seven Eight Nine ten Eleven and Twelve in Block No. Twenty nine – Lots No. One Two Three four five Six Seven Eight Nine ten Eleven And Twelve in Block No. Thirty & Lots No. One Two Three four five Six Seven Eight Nine ten Eleven



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August Term 1841

Twelve in Block No. Thirty One & Lots No. One Two Six Eleven and Twelve in Block No. Thirty Two & Lots No. One Two Three Four five Six Seven Eight Nine ten Eleven And Twelve in Block No. Thirty Three & Lots No. One Two Seven Eight Nine ten eleven and Twelve in Block No. Thirty Seven & Lots No. One Seven Eight Nine ten eleven And Twelve in Block No. Thirty Five & Lots No. One Two Three Four Five Six Seven Eight Nine ten eleven And Twelve in Block No. Thirty Nine & Lots No. four five Six Seven Eight Nine And ten in Block No. Forty & Lots No. One Two Three four Nine ten eleven And Twelve in Block No. Thirty One & Lots No. One Two Three Four Five Six Seven Eight Nine ten eleven And Twelve in Block No. Forty Two & Lots No. One Two Three four five Six Seven Eight in Block No. Forty Three Also fractional lots in the last numbered Block No. Nine ten eleven And Twelve fractional lots No. Two Three four five and Six in Block No. Forty Four & Also all that fraction of said fractional quarter Not laid out into to Town Lots Containing Twenty Two acres Two Roads And Forty nine Poles be the South More or less.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now on this day comes John Smarr Sheriff of St. Clair County in afsd County And Administers A Deed in favor of Zachariah Lilley Conveying Lots No. One as fractional in Block No. Eleven Lot No. Ten in Block No. Seven, Lot No. Eleven in Block No. Seven as part of the premises in Said petition Mentioned, And by him Sold land in Said Decree to be his act And Deed for the purposes therein Mentioned.

P. Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield dec’d
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair County in Open Court And Acknowledges a Deed in favor of George N. Burch Conveying Lot No. Seven in Block No. Eight as part of the premises in Said petition mentioned And by him Sold under Said Decree to be his Act and Deed for the purposes therein Mentioned.



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August Term 1841

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair County in Open Court And acknowledges a Deed in favor of Reuben L. Nance Conveying Lot No. Two in Block No. Five as a part of the premises Mentioned in Said petition And by him Sold under Said Decree to be his Act and deed for the purposes therein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair County in Open Court And acknowledges a deed in favor of Benjamin A. Howard Conveying Lot No. Seven in Block No. Forty one as part of the premises Mentioned in Said petition and by him Sold Under Said decree to be his act and deed for the purposes therein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair County in Open Court And Acknowledges a deed in favor of Moris D. Warren Conveying Lots No. Twelve in Block No. Forty Lot No. Eleven in Block No. Forty a part of the premises Mentioned in Said Petition and by him Sold under Said Decree to be his act and deed for the purposes therein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair County in Open Court And acknowledges a deed in favor of Joseph G.E. Burnham Conveying Lots No. Three in Block No. Five a part of the premises mentioned in Said Petition and by him Sold under Said Decree to be his act And Deed for the purposes therein Mentioned.



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August Term 1841

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now this day Comes John Smarr Sheriff of St. Clair County in Open Court and acknowledges a Deed in favor of John H. Allison Conveying Lots No. Eight in Block No. Seven lot No. Six in Block No. Eleven lot No. five in Block No. Eleven Lot No. five in Block No. Twelve & Lot No. Nine in Block No. Fifteen Lot No. Eight in Block No. Fifteen Lot No. Seven in Block No. Fifteen as part of the premises Mentioned in Said Petition And Sold by him under Said Decree to be Act and deed for the purposes therein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now this day Comes John Smarr Sheriff of St. Clair County in Open Court And Acknowledges a Deed in favor of E. & Hanah Cain Conveying Lot No. Eight in Block No. Eight lot No. Six in Block No. Twelve as part of the premises Mentioned in Said Petition And Sold by him Under the Said Decree to be his act and deed for the Purposes therein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair County in Open Court and Acknowledges a Deed in favor of Joseph W. Cox Conveying Lots No. Eight in Block No. Thirty Five, lot No. Nine in block No. Thirty Five, Lot No. ten in block No. Thirty Five, lot No. Six in Block No. Forty One, lot Five in block No. Forty One lot No. Eight in Block No. Forty One as part of the premises mentioned in Said Petition And Sold by him under Said decree to be his act And Deed for the purposes therein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now Comes at this day John Smarr Sheriff of St. Clair county in Open Court And Acknowledges



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August Term 1841

A deed in favor of Isaac Culbertson Conveying lot No. ten in Block No. Thirteen as part of the premises mentioned in Said Petition And by him Sold under Said decree to be his act and Deed for the purposes therein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair County in Open Court And Acknowledges a deed in favor of Abner McTyre Conveying Lots No. Six in Block No. Five as part of the premises in Said Petition Mentioned Sold by him under Said decree to be his Act And Decree for the purposes therein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair County in Open Court And Acknowledges a deed in favor of Hugh Barnett, Conveying Lot No. One in Block No. Twenty Four Lot No. Five in Block No. Twenty Five as part of the premises Mentioned in Said petition And by him Sold under Said Decree to be his act and deed for the purposes therein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair County in Open Court And Acknowledges a deed in favor of Rodrick D. McCulloch Conveying Lots No. Seven in Block No. Twenty Five, Lot No. Eight in Block No. Twenty Two, Lot No. Nine in Block No. Twenty Five as part of the premises mentioned in said Petition and Sold by him under Said decree to be his act And Deed for the purposes therein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now Comes At this Day John Smarr Sheriff of St. Clair County in Open Court And Acknowledges a deed in favor of John L. Anderson Conveying Lot No. Two in Block No.



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August Term 1841

Twelve, as part of the premises mentioned in Said Petition And Sold by him under Said decree to be his act and deed for the purposes therein mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair County in Open Court And acknowledges a deed in favor of Samuel P. Hodges conveying Lot No. Four in Block No. Thirteen as part of the premises Mentioned in Said Petition And Sold by him Under Said Decree to be his Act And deed for the purposes therein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now at this Comes John Smarr Sheriff of St. Clair County in Open Court And Acknowledges a deed in favor of Robert P. Crocke Conveying Lot No. ten in Block No. Fourteen as part of the premises mentioned in Said Petition And Sold by him Under Said Decree to be his Act and deed for the purposes therein mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair county in Open Court And Acknowledges a Deed in favor of John A. McClain, Simeon C. Brown and John E. Morgan Conveying Lot No. Seven in Block No. Thirteen Lot No. Seven Block No. Thirty Five as part of the Premises mentioned in Said Petition And Sold by him under Said Decree to be his act and deed for the purposes therein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair County in Open Court And



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August Term 1841

Acknowledges a deed in favor of Lawrence Lewis Conveying Lot No. Four in Block No. Eleven, Lot No. Three in Block No. Eleven as part of the premises Mentioned in Said Petition And by him Sold to be his Act and deed for the purposes therein Mentioned.

Philip Crow & Henry W. Crow
vs
Lelia V. Crutchfield infant heir of Richard P. Crutchfield deceased
Petition for Partition of Land
Now at this day Comes John Smarr Sheriff of St. Clair county in Open Court And Acknowledges a Deed in favor of William H. Clarke and E. Lany Conveying unto them Lots No. Two Five and Six in Block No. Thirty Four as part of the premises mentioned in Said Petition and by him Sold under Said Decree to be his act and Deed for the purposes therein Mentioned.

State of Missouri – plff
vs
Charles Beale and William Beale – Defts
Indc’t Grand Larceny
Now at this Day Comes the circuit attorney who prosecutes for the State of Missouri and says he will not further prosecute this indictment but Suffers Judgment Nolle prosequi – Therefore it is Considered by the Court here that the said indictment be dismissed And that the said Defendant from their said recognizance be discharged and that they go thereof without day.

Robert N. Burch – plff
vs
Daniel Brant and Daniel Waldo – Defts
Petition to Summons
Now at this Day Comes the parties by their attornies and on motion of the plaintiff by his attorney this Cause is Ordered to be discontinued as to the said Defendant Daniel Waldo And the Said Defendant saying nothing further in For or to the means of the plaintiffs cause of action – but makes default Therefore it is Considered by the Court That the said plaintiff recover of the said Defendant Daniel Brant The sum of Six hundred and forty Dollars and Ninety Six Cents for his debt and the further sum of Thirty Five Dollars and five cents for his damages by way of interest at the rates of ten per cent



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August Term 1841

per Annum together with his Costs and Charges by him in the behalf laid out And Expended and that he have thereof his writ of Execution.

James Norris – plaintiff
vs
Paris Sims – Defendant
Assumpsit
Now at this day Comes the Plaintiff by his attorney And it Appearing to the Court that the said Defendant Cannot be found in St. Clair County from the return of Sheriff upon the Summons in this Cause paid – Therefore it is Ordered by the Court that the Said Paris Sims that an action of debt has been Commenced against him by James Norris for the sum of One Hundred and Sixty Six Dollars & fifty Cents – That a writ of attachment has been put against his Estate – And that unless he be and appear at the next term of this Court to begin and held at the Town of Osceola in Said County on the first Monday after the fourth Monday in November next, and plead to the action aforesaid according to law within the three first days of the said next Term Judgment will be entered against him and his estate sold to satisfy the same, and it is further ordered That a copy of this order to be published in some newspaper printed in the State for four weeks successively the last instruments be at least three weeks before the first Day of said next term – and this Cause is Ordered to be Continued untill the next term of this Court.

James Quarles and James Thompson – plffs
vs
Larkin H. Blake & Philips Crow – Defts
Petition & Summons
Now at this day Comes the parties by their Attornies and the plaintiff by his attorney dismisses his Suit as to the Said Defendant Larkin H. Blake and the said defendant Philips crow being Solemnly Called Comes not – Therefore it appearing to the Court from the release upon the Summons in this Cause issued that the said Defendant Philips Crow had been duly Summoned it is Considered by said Court that the said plaintiff recover of the said Defendant Philips Crow the sum of Three hundred and Thirty nine dollars and thirteen Cents for his debt and the further sum of nine Dollars and twenty eight Cents for his damages by way of interest



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August Term 1841

together with his costs and Charges by him in this behalf laid out and Expended and that he have thereof his writ of Execution.

Reuben U. Harry – plff
vs
Larkin H. Blake & Philips Crow – Defts
Petition & Summons
Now at this day Comes the parties by their attornies and the said plaintiff by his attorney dismisses his suit as to the defendant Larkin H. Blake and the said Defendant Philip Crow and by his attorney Confesses Judgment in favor of the Said plaintiff for the sum of One hundred and Eighty Seven Dollars and Ninety Seven Cents for his debt which amount the said plaintiff by his attorney agrees to accept – Therefore it is Considered by the Said Court that the said plaintiff recover of the Said Defendant Philips Crow the sum of One hundred and Eighty seven Dollars and ninety seven Cents for his debt as Confessed as aforesaid together with his Costs and Charges by him in this behalf laid out and Expended – and that he have thereof his writ of Execution.

Marcus Williams
vs
Henry W. Crow
Petition and Summons
Now at this Day Comes the parties into Court and the Plaintiff files herein his petition and the said Defendant being personally present in Court Confesses Judgment in favor of the Said plaintiff for the sum of One hundred and seventy eight Dollars and Sixty four Cents for his debt which said amount the said plaintiff by his attorney agrees to accept – Therefore it is Considered by the Court here that the said plaintiff recover of the said defendant the sum so confessed as aforesaid and his Cost and Charges by him in his behalf laid out And Expended And That he have thereof his writ of Execution.

James Quarles & James Thompson – plff
vs
John H. Weidemyer & Heirs – Defts
Assumpsit
Now at this day comes the plaintiff by his attorney and it appearing to the Court that the Summons in this Cause paid has not been served upon motion of Said plaintiff by his attorney an alias writ of Summons is awarded.



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August Term 1841

directed to the Sheriff of Cooper County returnable to the next term of this Court untill which time this Cause is Ordered to be Continued.

Now at this day Joseph Montgomery, Calvin Waldo & Thomas Wright Commissioners appointed for the purpose of locating the County Seat of St. Clair County and made a report of their proceedings in locating said County seat accompanied by the title Deeds for Who Lands on which they located Said County Seat together with the abstract and Evidence of title and the Court having fully examined the title Deem the Land good & sufficient Conveying to Said County of St. Clair a title to said Lands in Issue Simple without any reservation or Condition and the Land is approved by the Court and it is Ordered that the Clerk of this Court certify to the Tribunal transacting County business for Said St. Clair County a Copy of this Decision and Approval.

Ordered that Court adjourn until Court in Course.
F.P. Wright, Circuit Judge
 

 

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