St. Clair County Circuit Court
Microfilm Transcripts

MARCH TERM 1859
(Continued from Volume A)

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March Term 1859

Friday Morning March 11th 1859
Court met pursuant to adjournment present as on yesterday.
It is ordered by the court that all pleadings be filed by One oclock P.M. this day.

Opelia Winston and Eliza B. Winston – Plaintiffs
Against
Noel C. Winston and Tabitha Winston – Defendants
Civil action for Partition & Sale of Real Estate
Now at this day comes the plaintiffs by their attorney and the Defendants though three times Solemnly called comes not but makes default and it appearing from the Return of the Sheriff of St. Clair County Missouri that both of said defendants have been served with process in this case more than Twenty days before the first day of this term of this Court and it being Suggested to the Court here that each of said defendants to this suit are minors and under the age of twenty one years, without lawful guardians and thereupon the court doth appoint Dewitt C. Ballou to be Guardian ad litem to each and all of said minor defendants and the said Dewitt C. Ballou being in Court consents to act and thereupon the said Guardian adlitem files the answer of said minor Defendants and the cause being called for trial and neither party requiring a jury by consent the cause is submitted to the Court Upon the petition answer and evidence in the cause and the evidence having been seen heard and fully understood by the Court here, the Court finds that Joseph H. Winston late of St. Clair County Missouri departed this life in the month of March 1853 seized and possessed in fee simple of the following lands situated in St. Clair County Missouri to wit, The West half of the North East quarter of Section No. Eight, and the North East quarter and the East half of Sect. One of the North West fractional quarter of Section No. five, and the South West quarter of Section No. four, and the North West quarter of Section No. nine all in Township No. Thirty Eight of Range No. twenty six And the South East quarter of Section No. Thirty two in Township No. Thirty nine of Range No. Twenty six, the whole containing seven hundred and Sixty four acres, more or less, and the Court further finds that said Joseph B. Winston at the time of his death left the following heirs at law to wit. Ophelia Winston his widow

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March Term 1859

who is entitled to one third of the real estate aforesaid and during her natural life, also Eliza B. Winston, Noel C. Winston and Tabitha Winston children of the said Joseph B. Winston dec’d each of whom are entitled one undivided third part of said Real Estate aforesaid, subject to the dower of the widow aforesaid. The Court further find that from the aforesaid amount of the Real Estate sought to be divided and the number of owners thereof that partition thereof cannot be made in kind. On consideration of the premises it is ordered adjudged and decreed by the Court here that Dower be assigned to Ophelia Winston the widow, and that partition be made among and between the other parties to this suit, according to their respective rights and interests as above found and set forth, that the whole of the real estate aforesaid be sold, and that the Sheriff of St. Clair County be and is hereby ordered and adjudged to sell the whole of said Real Estate according to law, requiring fifteen per cent of the purchase money, cash in hand, and the remainder of the purchase money in twelve months taking bank and approved securities from the purchaser and after said sale to report his proceeds to this Court at the next term thereof so that the value of the widows dower can be properly ascertained and set apart. It is further ordered that Waldo P. Johnson and W.A. McClain be allowed the Sum of Eighty Dollars for their services as attorneys in this case to be taxed and paid as other costs, and that this cause be continued to the next term of this Court.

Thomas Peery, John O. Bristow & Nancy P. Bristow – Plaintiffs
Against
Thomas A. Bristow, William P. Bristow, Thomas P. Bristow and Martha Bristow – Defendants
Civil action for Partition & sale of Real Estate
Now at this day again comes the plaintiffs by their attorney, and the defendants though three times solemnly called came not, but make default, and it appearing to the Court here from the return of the Sheriff of the counties of Cedar and Polk, that each of said defendants have been served with process in this case more than fifteen days before the first day of this term of this Court, and it being suggested to the Court here that each of said defendants to the suit are minors under the age of twenty one years of age, without lawful guardians and thereupon the Court doth appoint William A. McClain Esquire Guardian adlitem for each and all

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March Term 1859

said minor defendants, and the said William A. McClain being in Court consents to act, and the defendants said Guardian ad litem files the answer of said infant defendants, and the cause being called for trial, and neither party requiring a jury, by consent the cause is submitted to the court, upon the petition and answer and evidence in the cause, and the evidence having been seen, heard and fully understood by the Court here the Court finds that Hutchinson Witt departed this life in the year 1852, seized and possessed in fee simple of the following lands situated in St. Clair county Missouri to wit, “The North East quarter of the South East quarter and the South West quarter of the South East quarter of Section No. 29 in Township No. 26 of Range No. 35, the whole containing 80 acres, and the Court here further finds that said Hutchinson Witt, left no widow, but left as his heirs at law the following persons to wit three children, John Witt, Sarah Witt and Nancy Witt, the said Nancy Witt having Since intermarried with John J. Bristow one of the plaintiffs to this suit each of whom as such heirs are entitled to one undivided sixth part of said Real Estate, that he also left four grand children to wit Martha Bristow only child of Anna Bristow, the said Anna being a deceased daughter of said Hutchinson Witt dec’d and she the said Martha Bristow is entitled to one undivided sixth part of said Real Estate also Thomas H. Bristow and William P. Bristow two other grand children of said Hutchinson Witt dec’d being the children of Polly another deceased daughter of said Hutchinson Witt dec’d and the said Thomas W. and William P. are jointly entitled to one undivided sixth part of said Real Estate, also one other grand child to wit. Thomas P. Bristow only child of Elizabeth, another deceased daughter of said Hutchinson Witt dec’d, who is entitled to one undivided sixth part of said Real Estate aforesaid. The court further finds that since the death of said Hutchinson Witt dec’d the aforesaid Sarah Witt and John Witt have by deed conveyed all their interest in the above described real estate it being two sixths of the whole to Thomas Peery one of the plaintiffs to this suit. The court further finds that from the returned account of the Real Estate sought to be divided and the number of owners thereof, that partition thereof cannot be made in Kind. In consideration of the premises it is ordered adjudged and decreed by the Court here that partition be made among and between the parties to this suit, according to the respective rights and

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March Term 1859

interest as above found & set forth, that the real estate aforesaid be sold and that the Sheriff of St. Clair County be and is hereby ordered to sell said real estate according to law, requiring one fifth of the principal as cash in hand, and the remainder of the purchase money in twelve months and called the money when due and after paying off the costs of the processing then to pay over the remainder to the respective parties to this suit as above found & set forth. It is further ordered that Waldo P. Johnson be allowed the sum of twenty Dollars for his services as an attorney in this case to be taxed and paid as other costs.

Nancy J. Bailey – Plff
against
Addison H. Bailey
Petition for Divorce In the Circuit Court of St. Clair County Missouri, March Term 1859.
And you again comes here into court the plaintiff and it appearing to the satisfaction of the Court that said defendant is a non resident of the State of Missouri, and that he has been duly notified of the proceeding of this suit by publication of same in the Osceola Independent as the law requires the Said paper being published in the town of Osceola, County of St. Clair, and State of Missouri, and at the September term of this Court 1855 upon a proof of the facts set forth in plffs petition a decree was ordered in said court to the said parties of said Defendant to show cause for the setting aside of the same at this term. And said Defendant having wholly failed to appear at this term of this Court. In consideration of the premises It is therefore ordered adjudged and decreed that the prayer of petition be granted and that the bonds of matrimony heretofore contracted between plff and Defendant be annulled set aside and held for naught and she be fully divorced from said defendant And restored to the rights and privileges of a single person And it is further decreed that said Deft be permitted to marry again. And that Said Plaintiff have and recover of said defendant her costs and charges in this behalf laid out and expended and that execution issue therefor.

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March Term 1859

Albert Culbertson, James Sims & Martten Sims – Plaintiffs
Against
Isaac C. Culbertson, Joseph Culbertson, Leah Culbertson, Marcus Culbertson, Isaac Culbertson, Samuel Culbertson, John Culbertson and Sarah Culbertson – Defendants
Civil Action for Partition and Sale of Real Estate
Now at this day again comes the plaintiffs by their attorney, and the Defendant though thee times Solemnly called comes not but make default, and it appearing to the Court here from the return of the Sheriff of St. Clair County Missouri that each and all of said defendants have been served with process in this case more than twenty days before the first day of this term of this Court, and it being suggested to the Court here that each and all of said Defendants are infants under the age of twenty one years, without lawful guardians and therefore the Court doth appoint Dewitt C. Ballou Esquire Guardian ad litem for each and all of said defendants and the said Dewitt C. Ballou being in Court consents to act and delivers filing any answer in said cause, and the cause being called for trial and neither party requiring a Jury by consent the cause is submitted to the Court upon the petition and evidence in the cause, and the evidence having been seen heard and fully understood by the Court here the Court finds that Isaac Culbertson late of St. Clair County Missouri departed this life intestate in the month of January 1857, seized and possessed in fee simple of the following land situated in St. Clair County Missouri to wit

The whole containing twelve hundred and twenty four acres more or less also Lot No. ten in Block No. 15 in the town of Osceola St. Clair County Missouri. The court further finds that said Isaac Culbertson

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March Term 1859

at the time of his death left a widow to wit Susannah Culbertson and that the said Susannah departed this life before the commencement of this suit and that death extinguished all the right and interest in the Real Estate aforesaid, that said Isaac Culbertson left as his heirs at Law two children to wit. Albert Culbertson, Martha intermarried with James Simons, all of whom are plaintiffs to this suit, also Isaac C. Culbertson, Joseph Culbertson, Leah Culbertson, Newton Culbertson, Nancy Culbertson, Samuel Culbertson, John Culbertson and Sarah Culbertson all of whom are defendants to this suit, and are each entitled to one undivided tenth part of the Real Estate aforesaid. In consideration of the premises it is ordered adjudged and decreed by the Court here that Judgment of partition be had here & made of the Real Estate aforesaid among and between the parties to this suit according to their respective rights and interests as above found and set forth and that Uriah L. Sutherland, William W. Ritchey and Jacob Coonce be and are hereby appointed commissioners to make the partition herein adjudged, according to the respective rights and interests, as above ascertained and determined and make their report in due and legal form to this Court at the next term thereof, and this cause is continued to that term.

Mordecai M. Hausbrough and William L. Vaughan Trustees
vs
Spencer T. Corbin, Merrill G. Phillips, Robert P. Cocke
Injunction
Now at this day comes the said plaintiffs as well as the said defendants by their respective attorneys, and the said defendant not Coming to file any answer herein the facts set forth stands admitted and it appearing from said petition and the admission that the said Mordecai M. Hausbrough on the first day of February 1858 advanced and paid Spencer T. Corbin the sum of Three hundred dollars in payment of one half of a certain steam boiler, saw mill with fixtures gearing including every article appertanent & Connected with said steam engine boiler and saw-mill, that the other half of property belonged to the said Hausbrough, that therefore and on said 1st day of February 1858 the said Hausbrough & Corbin entered into partnership in said Mill for the purpose

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March Term 1859

of sawing and making lumber by said Mill in the Town of Osceola St. Clair Co. Mo., that on the 1st day of March 1858, the said Spencer T. Corbin executed the said Hausbrough his promissory note for said three hundred dollars for and on the 1st day of February 1858 at the rate of six per cent, that on the 14th day of July 1858 the said Spencer T. Corbin for the purposes of securing the payment of said promissory note and the interest thereon by a deed of trust dated on the day last aforesaid Conveyed to the said William L. Vaughan his said share of said property and trust for the payment of said three hundred Dollars and the interest therein and it was provided and stipulated in said deed of trust that said Vaughan or trustee as aforesaid might sell the said property so conveyed and out of the funds first pay the said promissory note and interest and expense and the residue if any to be paid to the said Corbin, and it was also stipulated that the said Hausbrough was to hold possession of said property and it further appearing that the said Robert P. Locke as constable of Osceola township in said St. Clair County by the said Merrill G. Phillips his deputy by virtue of two executions to him directed and issued by John T. McClain a Justice of the peace of said Township upon Judgments ordered by him, one in favor of John Dorchester, the other in favor of M.J. Hasses and both against the said Spencer T. Corbin and both with costs amounting to the sum of 285.86 dollars which executions were levied upon the undivided half of said property as the property of the said Corbin, that at the time of the Said tax the said Hausbrough and the said Corbin were Carryong on said business of sawing by said mill in partnership, that the said undivided half of said property was advertised and sold by said constable to satisfy said executions and costs and at the sale the Said Hausbrough became the purchaser of said undivided half for the price and sum of Six hundred and ten dollars, which he paid to the said Constable, that the said sum of $285.84 dollars was appertained in payment of the said judgments and executed on and that the remainder thereof is still in the hands of the said Merril G. Phillips. And it is now agreed over by the respective parties that the said Merill G. Phillips and the said Robert P. Cocke be perpetually adjoined from paying over the residue of proceeds money or any part thereof to said Corbin and

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March Term 1859

That the same be paid over to said Hausbrough and that said Hausbrough deliver up to said Corbin, the said promissory note and that plff and defendants pay each of one twelf of the costs therefore it is considered adjudged and decreed by the Court here that the Said Merrill G. Phillips and Robert P. Cocke be perpetually excused from paying over the Said residue of said payment or any part thereof to the said Spencer T. Corbin, and that the same be paid to the said Mordecai M. Hausbrough and that he deliver up the said promissory note to the said Spencer T. Corbin and that the costs of this proceeding be equally paid by the said plaintiffs and defendants.

Joseph Woods – Plff
vs
Aurelius B. Harris – Deft
Civil action
Now at this day comes the Said parties by their attorneys and the said Plaintiff presents to the court his petition verified by his affidavit praying for a change of venue in this case alleging that the inhabitants of Said county (St. Clair) are prejudiced against him, the Plaintiff, and that the opposite party has an undue influence over the inhabitants of Said county and that said plaintiff has Just cause to believe he cannot have a fair trial in said County on account of the causes aforesaid and praying for a change of venue of said cause to when the causes aforesaid do not exist. It is therefore considered and ordered by the court here that a change of venue in this cause be and the Same is awarded to the circuit court of Cedar County in this 7th Judicial circuit in the State of Missouri for the causes set forth in said petition.

County of St. Clair for the Use of the common School fund of said County
vs
Lewis W. Silford, John Silford, Wm. R. Mabrey & William B. Harris, Marcellus J. Harris & Uriah L. Sutherland
Civil action
Now at this

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March Term 1859

Day comes the Defendants Lewis W. Sifford, John Sifford and William R. Maderid by their Attorney Thomas W. Freeman and enters their appearance to this action.

John J. Veater – Plff
Against
Daniel B. Kidd & Oscar F. Keller – Deft
Civil Action
Now at this day comes the parties to this suit and the Defendant Keller by his Attorney withdraws the Demurrer filed in this cause by him and judgment is awarded by the Court against said Defendants for the Sum of One hundred and Eleven Dollars and thirty eight cents and the costs in this behalf laid out and expended with this express understanding between the Plaintiff and Keller, that no execution is to be issued against him said Keller until plaintiff shows his remedy against said Daniel B. Kidd and also against the estate of Lewis Reese Dec’d the said Lewis Reese having been a security to the note said upon, and on motion said Plaintiff is granted leave to withdraw said note by leaving a copy and that execution issue therefor against the said defendant Kidd for the said sum of $111.58/100 and costs.

Ann E. Disker – Plff
Against
John H. Disker
Petition for Divorce
On motion of said Plaintiff by her Attorney It is ordered by the Court that an Alias Summon be Issued against said defendant in this cause directed to the Sheriff of Bates County Missouri returnable to the next term of this Court.

One oclock to meet the time for filing pleadings under the order made by this court this morning waiving expired Judgments for want of answers in civil cases may be rendered in the proper cases by the court.

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March Term 1859

John Dorchester – Plff
Against
Anton D. McLain & H.S. McLain – Defts
Civil action on Note at 10 per cent
Now at this day comes the said plaintiff by his attorney and it appearing from the return of the Sheriff of St. Clair County Missouri that each of said defendants have been duly served with process in this cause more than fifteen days before the first day of this term of this Court And said Plaintiff demanding a trial and said action being founded on a promissory note for the direct payment of money and the amount this day indicated, and there being no answer filed to said plaintiffs petition. And the time for filing pleadings having expired whereby the said action remains against the said defendant undefended. And the said defendants being severally three times Solemnly called comes not, but make default therefor Judgment ought to be awarded for want of an answer the Court here doth order that the said defendant is justly indebted to the said Plaintiff in the sum of One hundred and Seventy six dollars due on said note and interest thereon It is therefore considered by the Court here that the said plaintiff have and recover against the said defendants the said sum of one hundred and Seventy six dollars for his debt and interest as found by the Court as aforesaid together with his costs in this behalf laid out and expended and that execution issue therefor.

Morgan H. Cleveland – Plff
Against
Joseph Henry – Deft
Civil action
On motion of Plaintiff by his Attorney. It is ordered by the court that an Alias Summons be issued against said defendant in this suit directed to the Sheriff of St. Clair County Missouri returnable on the next term of this Court.

Thomas W. Freeman Circuit Attorney being absent, the Court appoints Dewitt D. Ballou circuit Attorney protem who accepts said appointment.

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March Term 1859

Wm. Vaughan & Waldo P. Johnson – Plffs
Against
Nathaniel N. Ramsey – Deft
Civil action on note at 10 per cent
Now at this day comes the said Plaintiffs by their Attorney, and it appearing from the return of the sheriff of St. Clair County Missouri that the said defendant had been duly served with process in this cause by a copy more than fifteen days before the first day of this term of this Court, and said Plaintiffs demanding a trial and this action being founded on a promissory note for the direct payment of money and the action thereby liquidated and there being no answer filed to said plaintiffs petition And the time for filing pleadings have expired whereby the said Action remains against the said defendant undefended And then said defendant being three times solemnly called comes not but makes default wherefore judgment ought to be rendered for want of answer. The Court doth find that the said defendant is justly indebted to the said Plaintiff in the sum of three hundred and Seventy dollars and Sixty four cents due on said note and interest thereon. It is therefore considered by the Court that the said plaintiff have and recover against the said defendant the Said sum of Three hundred and Seventy dollars and Sixty four cents for their debt, and interest so found by the Court as aforesaid together with their costs in this behalf laid out and expended and that execution issue therefor.
[Written in left hand margin:] Whereby we sign the annexed judgment against Nathaniel Ramsey, W.L. Vaughan, __ Garrett, William Lukenbill And authorize him to collect the same for his own intent and purpose, with the express agreement and understanding, that he is to have no __ upon us there on Cause or equity, if he fail to collect from said Ramsey, and further that we are not or will not be bound for any debts to any person, that may be incurred in attempting to collect the securities. 14 August 1860. W.L. Vaughan, W.P. Johnson. Attest James W. Beck clerk

On petition of Richard Crenshaw & James Rentfro to Erect a Mill dam
Now at this day comes the said petitioners by their attorney and It appearing from the return of the Sheriff of St. Clair County upon the writ of Ad quod Damnum in this cause Issued that he hath executed said writ And returned into court here the inquest and Report of the Jury which report being by the court examined and understood was by the court approved and ordered to be filed and recorded herein which is as follows Towit

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March Term 1859

State of Missouri
County of St. Clair
We the undersigned Jurors summoned by Robert P. Cocke Sheriff of St. Clair County Missouri to meet at a place mentioned in the petition of Richard Crenshaw and James Rentfro here to attached to inquire into the matters in said petition mentioned Do report that we did meet at the place named in said petition on the 18th day of September 1858 And after being duly sworn as the law requires proceeded to the discharge of the duties assigned us in the writ of Ad quad damnum to said Sheriff directed and Do find
First That no proprietor of lands will Sustain any damages by reason of the erection of a dam across Said Stream at said point of the altitude mentioned in said petition by inundation
Second That no mansion house of any proprietor or the outhouse cartilages or gardens there to immediately belonging or orchard will be overflowed thereof
Third that ordinary Navigation and fish of passage will not be imperiously obstructed thereby
Fourth that the health of the neighborhood will not be materially annoyed in consequence of such Erection
Given under our hands this 13th day of September 1858
James Dudley foreman, J.J. Scott, George L. Yeater, Robert Redman XX his mark, Wm. T. Seal, Thomas J. Jordan, Jesse Fowler XX his mark, Thomas Ritchey, R.D. Lawler, H.B. Cole, James Richardson, Merit Clarkson.
Witness R.P. Cocke Sheriff
Whereupon It is ordered by the court that the said Richard Crenshaw and James Rentfro be permitted to erect a dam of the altitude of seven feet as proposed in said petition.

Penelope Locke
vs
Christian Hoover
Civil action
Now at this day comes again the parties by their attorneys and on motion of said Plaintiff It is ordered by the Court that said Plaintiff be granted leave to

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March Term 1859

file and amended petition in said cause on or before the Second day of the next term of this court And by agreement of the parties the next term of this court to be the trial term of said cause And It is ordered by the court that this cause be continued until the next term of this court.

Joseph Woods
vs
Daniel P. Todd
Civil action
Now at this day comes again the Said Plaintiff by his attorney and by leave of the court files herein his motion for a new trial in said cause which said motion being seen heard and fully understood by the court is by the court overruled whereupon the Said Plaintiff excepts to the decision of the court in overruling his said motion and presents to the Court his Bill of exceptions which is Signed & sealed and filed herein.

John T. McClain assignee of Corbin & Barnes
vs
Edward Offutt
Execution & Sheriffs Deed
Be it remembered that on this day in open court here personally appeared Daniel P. Morgan late Sheriff of St. Clair County and exhibits to the court a Deed by him executed as Sheriff as aforesaid conveying to Waldo P. Johnson all the right title and interest of the said Deft Edward Offutt of in and to the following described tracts or parcels of land Situated in the County of St. Clair and State of Missouri To wit. The SE qr of SW frl qr of Section No. 30 and the W ½ of the NE qr and the E ½ of the NW qr of Section No. 31 all in Township No. 39 of Range No. 24 containing 197 83/100 Acres more or less And then and there in open court acknowledged the same to be his act and Deed as Such Sheriff for the uses and purposes therein contained.

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March Term 1859

Augustus Shapleigh, Thomas D. Daifarw, Woodward Crittenden
vs
Henry Boatman and Thomas Walton
Execution & Sheriffs Deed

Edward Pillman and Williamson H. Pittman
vs
Henry Boatman and Thomas Walton
Execution & Sheriffs Deed

Horace Wittemon, Robert Brohittemon and John F. Carter
vs
Henry Boatman and Thomas Walton
Execution & Sheriffs Deed

Be it remembered that on this day in open court here personally appeared Daniel P. Morgan late Sheriff of St. Clair County and Exhibits to the Court a Deed by him executed conveying to Waldo P. Johnson all the right title interest of the said Defendants Henry Boatman of in to the following described real estate situated in St. Clair county Missouri and by him sold as such Sheriff by virtue of three Executions above mentioned To wit Lot No. Five in Block No. one on Main Street in the Town of Monigan City Also all the right title and Interest of the said Defendants Henry Boatman and Thomas Walton in and to Lot No. Five in Block No. four on Main Street in the Town of Monigan City
And here in open court before the Judge and court acknowledges the Same to be his act and deed as Such Sheriff for the uses and purposes therein contained.

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March Term 1859

John T. McClain Adm’r of the Estate of John Clarkson Dec’d
vs
Wilson Y. Taylor
Execution and Sheriffs Deed
Be it remembered that on this day in open court here personally appeared Daniel P. Morgan late Sheriff of St. Clair county and exhibits to the Court a Deed by him executed conveying to Waldo P. Johnson all the right title and interest of the said defendant Wilson Y. Taylor of in and to the following described real Estate situated in St. Clair County Missouri To wit The NW qr of the NE qr of Section No. 13 in Township No. 38 of Range No. 25 containing 40 acres Sold by him by virtue of said execution And in open court here before the Judge and court acknowledges the same to be his act and deed as such Sheriff for the uses and purposes therein contained.

Preston Gordon and James M. Brackenridge Adm’rs of the Estate of James Orr Dec’d
vs
Felix Hunton and John T. McClain
Civil action on a Note at 10 per cent Int.
Now at this day comes the said Plaintiffs by their attorney And It appearing from the return of the Sheriffs of Benton and St. Clair Counties that the said defendants had each been duly Served with process in this cause by copy more than fifteen days before the first day of this term of this court And said plaintiffs demanding a trial and this action being founded on two promissory notes for the direct payment of Money and the Amount thereby liquidated And there being no answer to said Plaintiffs petition and the time for filing pleadings having expired whereby the Said action remains against the said defendants undefended And the said defendants being severally three times solemnly called comes not but make default

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March Term 1859

whereupon Judgment ought to be rendered for want of answer The court here doth find that the said defendants are Justly indebted to the said Plaintiff in the sum of three hundred and ninety three dollars and forty six cents due on said notes and interest thereon It is therefore considered by the court that the said Plaintiffs have and recover against the said defendants the Said Sum of $393.46 cents for their debt and Interest so found due by the court as aforesaid together with their costs in this behalf laid out and expended And that execution Issue therefor.

The county of St. Clair for the use of the Common School fund of Said county – Plff
vs
Lewis W. Sifford, John Sifford, William R. Modcird, Aurelius B. Harris, Marcellus J. Harris and Uriah L. Sutherland – Defts
Civil action on Note at 10 per cent Int.
Now at this day comes again the Plaintiff by her attorney and It appearing to the court here from the return of the Sheriff of St. Clair county that the said defendants Aurelius B. Harris, Marcelius J. Harris and Uriah L. Sutherland had each been duly Served with process in this cause by copy more than fifteen days before the first day of this Term of this court and the said defendants Lewis W. Sifford, John Sifford and William R. Madcird by their Attorney having entered their appearance to this action in this court And the said Plaintiff demanding a trial and this action being founded upon a promissory note for the direct payment of money and the amount thereby liquidated and there being no answer to said plaintiffs petition and the time for filing having expired whereby the Said action remains against the said defendants undefended And the

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March Term 1859

Said defendants being Severally three times Solemnly called come not but make default wherefore Judgment ought to be rendered for want of answer And the court here doth find that the said defendants are Justly indebted to the said plaintiff in the Sum of nine Thousand five hundred and Sixty eight dollars and Sixty six cents on Said note and Interest thereon It is therefore considered by the court here that the said plaintiff have and recover against the said defendants the said sum of $9563.68 for her debt and interest so found due by the court as aforesaid together with her costs in this behalf laid out and expended and that execution Issue therefor.

Thomas Ritchey and Rachel Ritchey – Plffs
vs
James Phillips, Isaac Phillips, Isaac D. Jordn, Joseph Wilsey & Ellen Wilsey, Edward Harper & Nancy Harper, William Brannon & Jane Brannon – Defts
Petition for partition and Sale of real estate
Now at this day comes the said plaintiffs by their attorney and produce to the court here satisfactory proof of publication of the order made by the Clerk of this court in vacation notifying the non resident defendants and defendants whose residence are unknown as the law requires Whereupon It is ordered by the court that this cause be continued until the next term of this court.

Columbus Hahn and Gilly P. Hahn – Plffs
vs
Peter Brown & others – Defts
Civil action for Title to real Estate
Now at this day comes the parties by their attorneys and all parties consent that this cause may be tried by Foster P. Wright Circuit Judge of this court And on motion of said Plaintiffs It is ordered by the Court that they have leave to file an

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March Term 1859

amended petition and make new parties within ninety days and It is ordered by the court that this cause be continued until the next term of this court.

State of Missouri – Plff
vs
Richard W. Elliott – Deft
Indictment for murder
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf and enters a general continuance in this cause.

State of Missouri – Plff
vs
Socrates B. Stone – Deft
on recognizance to Keep the peace
The Grand Jury having failed to find any Bill of Indictment against the Said Defendant It is ordered by the court that the said defendant from his said recognizance be discharged and that he go hence thereof without day And that the costs incurred in this cause be paid by the county of St. Clair.

James E. Patterson – Plff
against
Ann T. Patterson – Defendant
Civil Action for Divorce
Now at this day comes again the plaintiff by his attorney and the defendant though three times Solemnly called Comes not. And it appearing to the court that the defendant had been Served with process more than fifteen days before the first day of the last term of this Court. And no answer being Shown to set aside the Judgment by default rendered at the last term of this court in this case the court proceeded to hear the evidence offered by plaintiff and after hearing the evidence the court finds that on or about the first day of July 1857 the defendant was guilty of the crime of adultery that plaintiff is the innocent and injured party and entitled to a divorce from the Bonds of matrimony. In consideration

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March Term 1859

of the premises It is therefore ordered adjudged and decreed by the court here that the bonds of matrimony heretofore Solemnized between plaintiff and defendant be set aside made void and held for nought that plaintiff be divorced from defendant that defendant be permitted to marry again and that Plaintiff pay the costs of this Suit.

State of Missouri
vs
Levi Alexander
Indictment for Grand Larceny
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf and enters a general continuance in this cause.

Joseph S. Herndon – Plaintiff
Against
Ophelia Herndon, Elizabeth Herndon, Edward T. Herndon and John Herndon – Defendants
Petition for Partition
Now at this day comes the said plaintiff by his attorney and files herein his petition verified by affidavit at the law requires and it appearing from said petition and affidavit that all of said defendants are non residents of the State of Missouri It is therefore ordered by the court that the said defendants be notified of the commencement of this action by publication of the following order
To Ophelia Herndon, Elizabeth Herndon, Edward T. Herndon and John Herndon the above named defendants You and each of you are hereby notified that said plaintiff has filed his petition and commenced Suit against you in this circuit court of said St. Clair county Missouri the object and general nature of which is to obtain from said court a Judgment and decree for partition of the following described real estate Situated in the county of St. Clair and State of Missouri To wit
The East half of the South west quarter of Section Thirty three Township thirty Nine Range twenty seven. The east half of lot No. two North west quarter of Section four Township thirty eight Range twenty seven.

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March Term AD 1859

The north east quarter of the south east quarter of Section eight Township thirty eight Range twenty Seven among and between said plaintiff and defendants according to their respective rights and interests therein as heirs and distributees of the estate of George L. Herndon deceased and for a sale thereof if partition cannot be made in Kind and for such other and further relief as may be Just and proper And that unless you be and appear before the Judge of said St. Clair Circuit court at the courthouse in the Town of Osceola at the next term thereof to be begun and holden on Monday the fifth day of September next and on or before the third day of Said term plead answer or demur to said petition the same will be taken as confessed by you.
It is further ordered that a copy of this order be published in the Osceola Democrat as the law directs.

State of Missouri
vs
William Ray
Indictment for Selling liquor without license No. 1
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf and enters A general continuance in this cause.

State of Missouri
vs
William Ray
Indictment for Selling liquor without license No. 2
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf and enters a general continuance in this cause.

State of Missouri
vs
Albert Parks
Indictment for Petit larceny
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf and enters a general continuance in this cause.

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March Term AD 1859

State of Missouri
vs
Albert Parks
Indictment for dealing with a slave
Now at this day comes the Circuit attorney who prosecutes for the State of Missouri in this behalf and enters a general continuance in this cause.

State of Missouri
vs
George Lock
Indictment for Keeping open Grocery on Sunday
Now at this day comes the Circuit attorney who prosecutes for the State of Missouri in this behalf and enters a general continuance in this cause.

State of Missouri
vs
George Lock
Indictment for Keeping open tipling house on Sunday
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf and enters a general continuance in this cause.

The Grand Jury comes into court here again and by their foreman in presence of the whole body of Grand Jurors presented the following bill of Indictment To wit
one against John Racer for Selling liquor without license
And having no further business before them were by the court discharged.

On motion of the circuit attorney who prosecutes for the State of Missouri It is ordered by the Court that Capias writ be Issued on the Indictment this day returned by the Grand Jury directed to the Sheriff of St. Clair county returnable to the next term of this court.

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March Term AD 1859

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

Ordered that court adjourn until court in course. F.P. Wright Cir Judge

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