St. Clair County Circuit Court
Microfilm Transcripts

MARCH TERM 1860

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March Term 1860

At a circuit court begun and held at the courthouse in the Town of Osceola within and for the county of St. Clair and State of Missouri the Monday this 5th day of March AD 1860
Present
Hon. Foster P. Wright Judge
James W. Beck Clerk
Robert P. Cocke Sheriff &
Thomas W. Freeman Cir atty

The Sheriff of St. Clair county returned into court here the list of Jurors by him Summoned to this term of this court as follows To wit
From Polk Township – Edmund Nance, William T. Seal, Hardin Meeks, Robert Hester and Edward Hutton 5
From Osceola Township – George W. Hopkins, Pierson Snyder, Wilson Garrett, William M. Bunch, James W. Huston, John L. George, Edward Allender and John S. Scott 8
From Monigan Township – Henry Hinkle, Theoderick Snuffer, Eli Boots, James Richey, Spencer M. Hoover, H.D. Edwards, Josephus Winchester, and James Bunch 8
From Speedwell Township – John F. Mitchell, Thomas H. Lessley, Benjamin F. Ruark, Benjamin T. Morris, Joseph R. Young and Julius Hacker 6
From Washington Township – William Deblieus, Thomas F. Earnest, Willis Phillips, James Gurford, Joel C. Harris, King C. Allen, and George Phillips 7
From Jackson Township – James D. Hill, David McClain, Benjamin Brown, Jefferson Cummins and Harvey Copenhaver 5
Whereupon the oath required by law was by the clerk of this court administered to Benjamin N. Cocke and Robert F. Gardner deputy Sheriff in presence of the court Robert P. Cocke Sheriff being confined at home by Sickness And thereupon the clerk of this court in presence of the court proceeded to ballot for the names of persons to compose the Grand Jury and the following Names were Severally drawn To wit

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From Polk Township – Edmund Nance who was by the court appointed Foreman and William F. Seal 2
From Monigan Township – Henry Henkle, James M. Hoover and James Burke 3
From Speedwell Township – John F. Mitchell, Benjamin T. Morris and Thomas H. Lessley 3
From Washington Township – James Burford, Willis Phillips and Garner Phillips 3
From Osceola Township – James H. Justus, Pierson Snyder and Wilson Garrett 3
From Jackson Township – James D. Gray and David McClain 2
Sixteen good and lawful men who were duly sworn and impannelled as a Grand inquest for the State of Missouri for the body of the county of St. Clair where after receiving their charge from the court retired to consider of their presentments and indictments.

State of Missouri
vs
William Addison
Indictment for maiming wounding
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant William Addison in his own proper person and by attorney. And the said defendant for his plea in this behalf says he is not guilty in manner and form as in Said Indictment is charged against him and for his trial puts himself upon the Country and the circuit attorney for the State of Missouri doth the like And both parties being ready for trial comes a Jury To wit Edward Hutton, Hardin Meeks, Harvey G. Harper, William A. bunch, Josephus Winchester, Joseph R. Young, Edward Allender, Eli Boots, Elisha A. Bell, David Pleasants, John A. Culbertson and William C. Rentfro

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twelve good and lawful men elected and duly sworn to well and truly try the Issue in this cause Joined who after hearing the evidence returned into court here the following verdict To wit “We the Jury find the defendant not guilty. David Pleasants foreman” It is therefore considered by the court that the Said defendant be acquitted and from his recognizance discharged and that he go hence thereof without day.

State of Missouri – Plff
vs
John Minner – Deft
Indictment for attempt to Suborn Witnesses
Now at this day comes the Circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant John Minner in his own proper person and by attorney and by agreement of the parties It is ordered by the court that this cause be continued until the next Term of this court And thereupon comes the said Defendant John Minner in his own proper person as principal and Ewen Tucker, Phinehas Green and Wiley W. Hood as his Sureties And here in open court acknowledge themselves Jointly and Severally to owe and Stand indebted to the State of Missouri in the Sum of one Thousand dollars to be levied of their respective goods and chattels lands and tenements to be rendered void upon condition that the said defendant John Minner Shall make his personal appearance before the Judge of this court at the Court house in the Town of Osceola on the first day of the next Term of said court to be begun and held on the first Monday in September next to answer said indictment and obey the decision of the court and not depart the court without leave.

It is ordered by the court that Joel C. Harris be excused from further Service as a Juror at this Term of this court and there being another Juror lacking on the regular pannel It is ordered by the court that the Sheriff Summon two other persons qualified to Serve as Jurors for this term of this court Case

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until discharged by the court whereupon said Sheriff Summoned and returned the names of David Pleasants and John A. Culbertson as such Jurors.

State of Missouri
vs
John Minner
Indictment for Attempt to Suborn Witnesses
Now at this day comes John H. Townes, Pemberton Cason, E.R. Powers, Margar’t Adams, B.D. Adams, Sarah Adams, and William Cash And here in open Court severally acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of Fifty Dollars each to be levied of their respective goods and chattels lands and tenements to be rendered void upon condition that they shall severally make their personal appearance before the Judge of this court at the courthouse in the Town of Osceola on the first day of the next Term of this court to be begun and held on the first Monday in September next to give evidence in this cause on the part of the State and not depart the court without leave.

State of Missouri
vs
John Minner
Indictment for attempt to Suborn Witnesses
On motion of the circuit attorney who prosecutes for the State of Missouri in this behalf and shows to the satisfaction of the court that J.C. Dickerson and J.B. Wright have been duly Summoned to appear before the court here on this day as witnesses on the part of the State in this Cause and they failing to appear in obedience to said Summon It is ordered by the court that a writ of attachment be Issued against them directed to the Sheriff of Benton County returnable on the first day of the next term of this court And that Subpoenas be Issued for Calaway Heath of Benton County and Josiah Newman of Camden to appear before this Court on the first day of the next term to give evidence on the part of the State in this cause.

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State of Missouri
vs
John Minner
Indictment for attempt to Suborn Witnesses
Now at this day comes Jonathan Crane, John Miller, William Ingram, Evan Tucker, William S. Barnett, Samuel Hernden, D.D. Jones, Wiley W. Hood, Isaac Minner, Peter Minner, Phinehas Green and Elizabeth Crane and here in open court severally acknowledge themselves each to owe and Stand indebted to the State of Missouri in the Sum of Fifty dollars to be levied of their respective goods and chattels lands and tenements to be rendered void upon condition that they shall Severally make their personal appearance before the Judge of this court at the courthouse in the Town of Osceola on the first day of the next term of this court to be begun and held on the first Monday in September next to give evidence in this cause on the part of the defendant and not depart the court without leave.

State of Missouri
vs
Thomas A. Peebley
Indictment for assault with intent to Kill
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said Thomas A. Peebly in his own proper person and by attorney And on Motion of the circuit attorney and for good cause to the court here shown It is ordered by the court that this cause be continued until the next term of this court And that a writ of attachment be Issued against Benjamin K. Williamson a witness Summoned on the part of the State in this cause directed to the Sheriff of St. Clair County returnable on the first day of the next term of this court.

Oscar F. Keller, Casper M. Keller and Samuel V. Keller – Plfs
vs
Richard M. King – Deft
Civil action
Now at this day comes the said defendant by his attorney and by leave of the court files herein his answer to said Plaintiffs petition.

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Felix Hunton – Plff
vs
Jefferson Drake – Deft
Civil action
Now at this day comes the said parties by their attorney and the said Plaintiff by his attorney files herein his affidavit and Motion for a continuance of this cause which said motion being seen heard and fully understood by the court It is ordered by the court that this cause be continued until the next term of this court at the costs of said plaintiff It is therefore considered by the court that the said Defendant have and recover against the said Plaintiff his costs and charges at and about this term of this court laid out and expended in this behalf and that execution Issue therefor.

Morgan H. Cleaveland – Plff
vs
Joseph H. Greene – Deft
Civil Action
Now at this day comes the said Plaintiff by his attorney and says he will not further prosecute this Suit and dismisses the same at his costs It is therefore considered by the court that this cause be dismissed and that the said defendant have and recover against the said Plaintiff his costs and charges in this behalf laid out and expended and that execution Issue therefor.

John T. McClain – Plff
vs
Christopher H. Stump – Deft
Civil action
Now at this day comes the said defendant by his attorney and by leave of the court files herein his demurrer to said plaintiffs petition.

For good cause to the court here shown It is ordered by the court that John J.C. Woolf be excused for failing to appear at the last term of this court as a Juror in obedience to the summon served on him by the Sheriff of St. Clair county.

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Ordered that court adjourn until tomorrow morning 8 Oclock. F.P. Wright Cir Judge

Tuesday morning March 6th 1860 court met pursuant to adjournment
Present as on yesterday

State of Missouri
vs
John C. Looney
Indictment for failing to Keep road in repair
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri in this behalf as well as the Said Defendant John C. Looney in his Own proper person and by attorney And the said Defendant by leave of the court files herein his Motion to quash said Indictment which said motion being seen heard and fully understood by the court is by the court overruled And the Defendant commenced ready for trial And thereupon the circuit attorney who prosecutes for the State of Missouri in this behalf Says he will not further prosecute this indictment but dismisses the Same
It is therefore considered by the court that the Said defendant be acquitted and from his recognizance discharged and that he go hence thereof without day.

State of Missouri
vs
William C. Rentfro
Indictment for failing to Keep road in repair
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said William C. Rentfro in his own proper person and by attorney And on Motion of said circuit attorney and for good cause to the court here shown It is ordered by the court that this cause be continued until the next term of this court and that an attachment be Issued against Alexander McWilliams

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a witness on the part of the State directed to the Sheriff of St. Clair county returnable to the next Term of this court.

State of Missouri
vs
Robert Parnsley
Indictment for assault with intent to Kill
Now at this day comes the Circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant Robert Parnsley in his own proper person and by attorney And both parties being ready for trial the said defendant for his plea in this behalf Says he is not guilty in manner and form as in said indictment is charged against him and for his trial puts himself upon the country and the circuit attorney for the state of Missouri doth the like And thereupon comes a Jury To wit James Rickey, Hardin Meeks, Benjamin Brown, David Pleasants, Harvey G. Harper, Josephus Winchester, Joseph R. Young, Edward Hutton, Eli Boots, Edward Allender, John L. George and John B. Cox twelve good and lawful men Elected and duly Sworn to well and truly try the Issue in this cause Joined who after hearing the evidence returned into court, the following verdict To wit: “we the Jury find the defendant not guilty as charged in the Bill of indictment. James Rickey foreman” It is therefore Considered by the Court that the said Defendant be acquitted and from his recognizance discharged And that he go hence thereof without day.

Benjamin C. Bratcher – Plff
vs
Caroline Bratcher – Deft
Petition for divorce
Now at this day comes the said defendant by her attorney and by leave of the court files herein her answer to Said plaintiffs petition.

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Oliver C. Fletcher – Plff
vs
Alexander Walker and Catharine Walker – Defts
Civil action
Now at this day comes the said defendants by their attorney and by leave of the court files herein their answer to said Plaintiffs petition.

Jesse Fowler – Plff
vs
Ellen Wyatt, William Wyatt, Sarah Wyatt, Thomas Wyatt, Joseph Wyatt, Mary Wyatt & Margaret Wyatt – Defts
Petition for Partition
It is ordered by the court that the Sheriff of St. Clair county Missouri proceed to Sell the land in accordance with the original Decree of this court at the next term of this court And that the proceeds arising from the sale of the same be held Subject to the further order of this court after the payment of all costs and expenses of said partition proceedings and Sale.

State of Missouri – Plff
vs
John Collins and Elisha Scott – Defts
Indictment for playing Cards on Sunday
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the Said Defendants John Collins and Elisha Scott in their own proper persons and by attorney and for their plea in this behalf, the said defendants say they will not further contend with the state in this case but admit that they are guilty in manner and form as charged against them in Said indictment and for their punishment put themselves upon the mercy of the court whereupon the court doth assess Said punishment at a fine of one dollar against each of said defendants. It is therefore Considered by the court that the Said State of Missouri have and recover against each of said defendants the said Sum of One Dollar for her Fine So assessed by the

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Court as aforesaid together with her costs in this behalf laid out and expended And that Capias Execution Issue therefor and that said defendants render themselves in execution therefor.

State of Missouri – Plff
vs
William Carroll and Thomas Yonce – Defts
Indictment for disturbing Religious worship
Now at this day comes the Circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendants William Carroll and Thomas Yonce in their own proper persons and by attorney and all parties being ready for trial the said defendants for their plea in this behalf say they are not guilty in manner and form as in Said Indictment is charged against them and for their trial put themselves upon the country and the circuit attorney for the State of Missouri doth the like And thereupon comes a Jury To wit William M. Bunch, Thomas T. Earnest, Theoderick Snuffer, John A. Culbertson, George W. Hopkins, Robert Hester, William A. Allen and Benjamin F. Ruark Eight good and lawful men Elected and accepted by the parties as a Sufficient Jury to try this cause who were duly Sworn to well and truly try the Issue in this cause Joined and after hearing the evidence returned into court here the following verdicts To wit “We the Jury find one of the defendants William Carroll guilty in manner and form as charged in the Indictment and do assess the fine at $10.00. Robert Hester foreman”
“We the Jury find Thomas Yonce not guilty as charged in the indictment. Robert Hester foreman”
It is therefore considered by the court that the Said State of Missouri have and recover against the Said defendant William Carroll the said Sum of Ten dollars for her fine so assessed by the Jury as aforesaid together with her costs in this behalf laid out and expended And that Said defendant remain in custody of the

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Sheriff until Said fine and costs be satisfied and that capias execution Issue therefore. And It is further considered by the court that he said defendant Thomas Younce be acquitted and from his recognizance discharged and that he go hence thereof without day.

John T. McClain – Plff
vs
Christopher H. Slump – Deft
Civil action
Now at this day comes the said plaintiff by his attorney and asks leave of the court to file an amended petition in this cause and to him leave is by the court granted.

Temperance B. Cox and John B. Cox – Plffs
vs
William M. Cox & Joseph W. Cox, Lewis S. Barada & Margaret Barada – Defts
Petition for partition
Now at this day comes the Said plaintiffs by their attorney and by leave of the court files herein their amended petition in this cause.

Christian Hoover – Plff and appellee
vs
Andrew Ritter – Deft and appellant
Appeal from Justices Court
Now at this day comes the Said Andrew Ritter the Deft and appellant in this cause by his attorney and says he will not further prosecute his said appeal but dismisses the same at his costs It is therefore considered by the court that Said appeal be dismissed and that the Said plaintiff have and recover against the Said Defendant his Costs and charges in this behalf laid out and expended in and about Said appeal and that Execution Issue therefor.

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H.A. Waltemire – Plff
vs
William Bunch – Deft
Appeal from Justices court
Now at this day comes the said parties by their attorneys and both parties being ready for trial comes a Jury To wit David Pleasants, Hardin Meeks, Edward Hutton, John J. Scott, Thomas T. Earnest, and William D. Allen Six good and lawful men elected and duly Sworn to well and truly try the Issue in this cause Joined who after hearing the evidence returned into court here the following verdict To wit “We the Jury find for the plaintiff $6. J.J. Scott foreman”
It is therefore considered by the court that the Said Plaintiff have and recover against the Said defendant the Said sum of Six dollars for his debt so found by the Jury as aforesaid together with his costs and charges in this behalf laid out and expended both in this court and the court below and that execution Issue therefor.

William L. Vaughan & Waldo P. Johnson – Plffs
vs
James Davis – Deft
Civil action and attachment
Samuel D. Pierce Garnisher
Now at this day comes here into court the said plaintiffs by their attorney and by leave of the court files herein court interroggatories addressed to the said Samuel D. Pierce in said cause.

William L. Vaughan and Waldo P. Johnson – Plffs
vs
James Davis – Deft
Civil action & Attachment
Jacob Taylor Garnisher
Now at this day comes here into court the said plaintiffs by their attorney and by leave of the court file here in court interroggatories addressed to the said Jacob Taylor in Said cause.

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Ordered that court adjourn until tomorrow Morning 8 Oclock. F.P. Wright Cir Judge

Wednesday morning March 7th 1860 Court met pursuant to adjournment present as on yesterday

On motion of Thomas W. Freeman It is ordered by the court that J.F. Snyder and James D. Perkins be authorized to Sign the Roll of attorneys as practising attorneys of this court.

Daniel P. Morgan – Plff
vs
Spencer J. Ball, Joseph Norton, Josiah P. Norton & James T. Bissell – Defts
Civil Action
Now at this day comes the Said Defendants Spencer J. Ball, Joseph Norton and Josiah P. Norton by their attorney Alexis Wamsley and on motion of Said attorney It is ordered by the court that the said Spencer J. Ball, Joseph Norton and Josiah P. Norton have leave to file their answer to said plaintiffs petition in vacation of this Court Ninety days before the first day of the next term of this court.

Benjamin C. Bratcher – Plff
against
Caroline Bratcher – Deft
Civil Action for a divorce
Now at this day comes again here into court said parties by their respective attorneys And the Defendant having filed herein before her answer to said plaintiffs petition. And both parties being in court here consent that said cause be heard to wit and determined at the present term of this court And both parties being ready for trial the Same was submitted to the court upon the petition and answer and process in this cause, and the court here after hearing said petition answer and evidence, doth find, that said plaintiff And defendant were married about the month of July AD

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1857, in the county of St. Clair in the State of Missouri, and lived together as husband and Wife until about the 11 day of November AD 1857. When Defendant without any reasonable or just cause abandoned said plaintiff and Wilfully absented herself from plaintiff for the Span of more than two Years before the commencement of this suit, and the court doth further find that said plff and Deft. at the time of their said marriage and both since have continued to reside in said county of St. Clair in the State, and the court doth further find that Said plaintiff is the innocent and injured party. And the premises being seen and heard and fully understood and considered by the court, the court here doth order adjudge and decree that the bonds of matrimony heretofore contracted and entered into by said parties be dissolved annulled and held for naught and that said defendant be divorced from said bonds of Matrimony by her contracted with said plaintiff and that said plaintiff be restored to all the rights of a single person, and it is further ordered that said defendant be permitted to marry again at any time, and it is further ordered that said plaintiff pay the costs of this suit and that Execution issue therefor.

Temperance B. Cox and John B. Cox – Plffs
vs
William M. Cox Jr., Joseph W. Cox, Louis S. Barada & Margaret A. Barada – Defts
Petition for Partition
Now at this day comes the Said Plaintiffs by their attorney and It being Suggested to the court here that the said defendant William M. Cox Jr. is a Minor under the age of twenty one years whereupon the court appoints Waldo P. Johnson Guardian Ad litem for the Said William M. Cox Jr. minor as aforesaid And the Said Waldo P. Johnson being in court here accepts of Said appointment And files herein

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the answer of the said William M. Cox Jr. to said Plaintiffs petition.

Penelope Locke – Plff
vs
Christian Hoover – Deft
Civil action
Now at this day comes the said Plff by her attorney and on motion of said Plaintiff It is ordered by the court that she be authorized to withdraw the note upon which a suit brought up by Plff against deft in this court and dismissed by Plaintiff, at the last term of this court was founded by leaving a true copy.

Winfield S. Walton – Plff
vs
Alaska Winchester and Martha Ann Winchester his wife – Defts
Petition for assignment of Dower
Now at this day comes the said defendants by their attorney and by leave of the court files herein their answer to said Plaintiffs petition.

The Grand Jury returned into court here and by their foreman in presence of the whole body of Grand Jurors presented the following Bills of Indictments To Wit

State of Missouri vs William Gardner, Thomas Wenderhill, Isaac Wenderhill & Meritt H. Cave
for disturbing peace of family

State of Missouri vs James Delozier
for disturbing religious Worship

State of Missouri vs John Wright
for Grand Larceny

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State of Missouri vs [space]

And having further business before them Again retired to consider of their further presentments and indictments.

Penelope Locke
vs
Christian Hoover
[This entry is crossed out]

On motion of the circuit attorney It is ordered by the Court that Capiaas writs Issue on all the Indictments Just returned.

Joseph S. Herndon – Plff
vs
Ophelia Herndon, Elizabeth Herndon, Edward T. Herndon & John Herndon – Defts
Petition for Partition and Sale of real estate
Now at this day comes again here into court, said plaintiff by his Attorney And Edward T. Herndon & John Herndon Defendants failing to appear to Show cause Why the judgment by default rendered against them at the last term of this court should not be now made final it is ordered by the court here that Said Judgment rendered at the last term of this court be now made absolute and final and that the same be carried into Execution.

State of Missouri – Plff
vs
John Wright – Deft
Indictment for Grand Larceny
Now at this day comes the Circuit attorney who prosecutes for the State of Missouri in this behalf And the deft is by the Sheriff brought into court here and Said defendant being without counsel and unable to employ counsel The court doth appoint William A. McClain counsel to defend for Said defendant in this cause and said Deft not being ready for trial the said deft is by the court remanded into the Custody of the Sheriff
And the said Deft by his attorney puts in the plea that he is under the age of sixteen years and the circuit attorney for the state of Missouri

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Says he will not contend with Defendant on Said Plea whereupon the said defendant says he will not further contend with the State in this behalf but admits that he is guilty in manner and form as in said indictment is charged against him and for his punishment puts himself upon the mercy of the court. Whereupon the court doth assess his Said punishment at imprisonment in the common Jail of St. Clair County for the term of three months And that the State of Missouri have and recover against the said Defendant her costs & charges in this behalf and that capias execution Issue therefor.

William Brown Jr., Peter Brown, Andrew Brown & others – Plffs
vs
Benjamin Brown, John Brown, John C. Greenwell & others – Defts
Petition for Partition
Now at this day comes the Said Plaintiffs by their attorney And Milton Williams and Mary Williams two of the defendants by their attorney William A. McClain comes into court here and enter their appearance to this Suit And it being Suggested to the court that Since the commencement of this Suit Susan Overshiner one of the defendants has departed this life leaving the following named Children James W. Overshiner, Mary C. Overshiner, and Hellen Overshiner all minors under the age of twenty one years It is therefore ordered by the court that aforesaid children of the said Susan Overshiner Dec’d be made parties defendants in this cause and that they be Summoned to appear before this court at the next term to answer said petition And this cause is by the court here continued until the next term of this court.

Columbus Hahn and Gilly P. Hahn – Plffs
vs
Peter Brown, Andrew Brown, Benjamin Brown & others – Defts
Civil Action to obtain title to real Estate
Now at this day comes Benjamin Brown one of the defendants in his own proper person into court here and enters his appearance to this

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Suit And Milton Williams and Mary Williams two of the Defendants by their attorney William A. McClain comes into court here and enter their appearance to this suit.

William L. Vaughan and Waldo P. Johnson – Plffs
vs
James Davis – Deft
Samuel D. Pierce Garnisher
Civil action & Attachment
Now at this day comes the said Samuel D. Pierce by his attorney and by leave of the court files herein his Motion to Strike out the 3rd interroggatory addressed to him by said plaintiffs which Said Motion being Seen heard and fully understood by the court is by the Court overruled And thereupon the Said Samuel D. Pierce by his attorney by leave of the court files herein his answer to the several interroggatories in this cause addressed to him by said plaintiffs.

R.J. Miller – Plff & appellee
vs
Daniel B. Kidd – Deft & Appellant
appeal from Justices court
Now at this day comes the Said appellant by his attorney William A. McClain and Says he will not further prosecute his said appeal but dismisses the same
And it appearing to the satisfaction of the court that the costs of said appeal has been paid It is ordered by the court that said appeal be dismissed.

Anthony W. Marsh – Plff
vs
Oliver C. Fletcher – Deft
Civil Action for damages
Now at this day comes the Said defendant by his attorney and by leave of the court files herein his motion to rule the Said Plaintiff to Security for costs in this cause And Said defendant by his attorney by leave of the court also files herein his answer to said plaintiffs petition.

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William L. Vaughan & Waldo P. Johnson – Plffs
vs
James Davis – Deft
Jacob Saylor Garnisher
Civil action & attachment
Now at this day comes the said Jacob Saylor by his attorney and by leave of the court files herein his Answer to the several interroggatories addressed to him in this cause by Said plaintiffs.

Richard Crenshaw – Plff
vs
James Rentfro – Deft
Civil Action
Now at this day comes the said parties by their attorneys and by the agreement and consent of the parties this cause is referred to Uriah L. Sutherland a referee.

Thomas H. Estes – Plff
vs
William J. Bennett as Executor of the last will And testament of Simpson McGaughey Deceased and William J. Barnett – Defts
On petition to foreclose a Mortgage
Now at this day comes again here into court Said plaintiff by his attorney and Said Defendants being again three times called comes not but makes default And having failed to Appear at this term of the court to Show cause why the Judgment against them by default at the last term of this court should not now be made Absolute and final And said plaintiff being now here ready for trial And to have the Debt damages assessed and not requiring a Jury but waiving the same the Same was submitted to the court here upon petition Exhibits And proof in the cause, and the court here after hearing the same And the Same being seen and heard And fully understood, the court here doth find And assess said plaintiffs Debt And damages upon said promissory notes mentioned and causes had in said plaintiffs petition at the sum of

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two thousand two hundred and Eighty four Dollars, And it Appearing to the court here that, on the 11th day of April AD 1857 that the said Simpson McGaughey in his lifetime and the said William J. Burnett for the purpose of Securing the payment of said promissory Notes mentioned And described in said plaintiffs petition by a certain deed of Mortgage Signed Sealed and delivered by them to said plaintiff And now to the court here shown for and in consideration of the Sum of One dollar, to them in hand paid by said plaintiff, And for the further consideration of their indebtedness to said plaintiff upon said promissory Notes granted, bargained, sealed, assigned and conveyed unto said plaintiff his heirs and assigns forever the undivided half of the following described tract piece or parcel of land Situate lying and being in the county of St. Clair in the State of Missouri to wit The North West quarter Of Section Number Thirty in Township Number thirty Eight of Range Number twenty six To have and to hold said undivided half of Said piece or parcel of land together with all And Singular the appurtenances thereunto belonging unto said plaintiff his heirs and assigns Which said Deed of Mortgage was and is Subject to the following Conditions that if the said Simpson McGaughey and William J. Burnett or Either of them, or Any person for them would well and truly Satisfy and pay off two certain promissory notes bearing Even date with said Deed of mortgage or instrument. The first for the sum of one thousand Dollars due and payable one Year after due date thereof and the other for the sum of one thousand Dollars payable two years after the date thereof as they Severally become due and payable then Said Deed of conveyance to be null and void and if no effect otherwise to remain in full force and Effect. Which said Deed of mortgage was on the 6th day of April AD 1857 and, acknowledged before Alexander T. Calhoun clerk of the circuit court of clay county in the state of Missouri by the said

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Simpson McGaughey and William J. Burnett And Only recorded on the 7th day of May AD 1857 in the Recorders Office in the Said County of St. Clair by James W. Beck Recorder for St. Clair County. And the court doth further find that said promissory note nor the Interest thereon nor Any part thereof has been paid according to the term of said promissory notes or the condition of said mortgage Deed so hereby the consideration of said Deed hath become forfeited.
It is therefore considered by the court here that said plaintiff recover of said defendants the Sum of two thousand and two hundred and Eighty four Dollars the debt and damages found Yet due and assessed as aforesaid, and costs in his behalf laid out and expended to be levied of said mortgaged property that said defendants Equity of redemption be foreclosed, and that if said Mortgaged property be not sufficient to satisfy said debt damages and costs, then the residue to be levied of other goods and chattels lands and tenements of the said defendant William J. Burnett and that Executions issue in conformant with this Judgment.

James W. Beck clerk of this court presents to the court the appointment of George W. Hinkle as his deputy in said office which is by the court approved.

Ordered that court adjourn until tomorrow morning 8 oclock. F.P. Wright Cir Judge

Thursday morning March 8th 1860 Court met pursuant to adjournment
Present as on yesterday

Thomas W. Freeman circuit attorney being about to leave It is ordered by the Court that William J. Mayo be appointed Circuit attorney Protem – who being in court accepts said appointment.

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It is ordered by the court that all answers motions Demurrers and other pleadings be filed by twelve oclock this day to be acted on during the present term of this court.

John T. McClain – Plff
vs
Christopher H. Slump – Deft
Civil action
Now at this day come the said parties by their attorneys And the Said Plaintiff by leave of the court files herein his amended petition in this cause And thereupon the Said Defendant by leave of the Court files herein his demurrer to said amended petition which said demurrer being Seen heard and fully understood by the court is by the court Overruled whereupon the said Deft excepts to the decision of the court in overruling his said Demurrer and presents to the court his Bill of exceptions which is by the Judge of this court signed sealed and ordered to be filed and made a part of the record in this cause. And on motion of said Defendant It is ordered by the court that he be granted leave to file his answer to said plaintiffs petition on or before the first day of the next term of this Court And by agreement of the parties this cause is to stand for trial at the next term of this court.

Wm. Knight – Plff
vs
Thomas Walton & Elizabeth Walton his wife and Henry Boatman – Defts
Civil Action to foreclose mortgage
Now at this day comes again here into court said plaintiff by his attorney and dismisses as to Henry Boatman one of the defendants and Whereupon the other defendants Thomas Walton & Elizabeth Walton his wife being three times solemnly called comes not but

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makes default, and having failed at this term of the court to show cause why the Judgment against them by default at the last term of the court Should not now be made absolute and final and said plaintiff being ready for trial and to have his debt & Damages aforesaid and not requiring a jury but waiving the same the same was Submitted to the court upon the petition and proof in the cause and the Court here after hearing the same and being fully understood by the court doth find and assess said plaintiffs Debt and damages at the sum of seven Hundred and twenty Dollars, and it further appearing to the court by the pleadings and evidence in said cause that the said defendants Thomas Walton & Elizabeth Walton on the 22nd day of February AD 1858 executed their mortgage Deed to the said plaintiff William Knight on a piece or parcel of land described as follows, lot No. 5 five in Block No. four (4) in Monegan City in the County of St. Clair and State of Missouri to hold the said Wm. Knight harmless and to Secure him upon his being damaged in his Securityship as alledged in plaintiffs petition and said mortgage Deed was executed to secure the payment of six Hundred Dollars With Interest thereon, the whole amounting now to Seven Hundred and Twenty Dollars, which has been laid out and expended by the said Wm. Knight the plaintiff and the said sum of Seven Hundred and twenty Dollars so secured by said Mortgage Deed Still remains due and unpaid to plaintiff now in consideration of the premises It is therefore considered by the court here that said plaintiff recover of said defendants the sum of seven Hundred and twenty Dollars the debt and damages found yet due and assessed as aforesaid and costs in his behalf laid out & expended to be levied of said mortgage property that said defendants equity of redemption be foreclosed and that if said mortgage property be not sufficient to satisfy said debt damages and costs then the residue to be levied of other goods and chattels lands and tenements of the said defendants Thomas Walton and Elizabeth Walton and that execution issue in conforming with this judgment.

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Amos G. Groom – Plff
Against
John W. Frazier, Nancy Frazier, Dorothy Graves, Martha Roberts, Abagil Bright, Abner Frazier, Andrew Frazier, William Frazier, John W. Frazier, Jane C. Frazier, Nancy A. Frazier, Hannah Frazier, Smith G. Masterson, Absolom Boots & Elizabeth his wife, William M. Owsley & Maria L. Owsley his wife – Defts
On Petition to correct mistake in Deeds of conveyance
Now at this day comes again here into court said Plaintiff by his attorney, and said defendants being again three times called come not but still make default and having also failed at this term of the court to appear to show cause if any they had why the Judgment by default rendered against them at the last term of this court should not now be made absolute and final, and said plaintiff now being in court here and moving the court for the hearing of said cause and to make a final decree in the same, the Same was submitted to the court upon the petition Exhibited and proofs, and the court here after hearing the same, and the same being fully understood, and mature deliberation being had upon the same the court here doth find, That on the 6th day of April AD 1840 one Lowrey Jones was Seized in fee of certain tracts of land lying and being in the county of St. Clair in the state of Missouri for which he had obtained a patent from the government of the United States bearing date the tenth day of September AD 1844, which said tracts of land are described as follows, to wit: The south West fractional quarter (East of the Osage River) and the South West quarter of the South East quarter of Section thirty one in township Thirty Eight of Range Twenty six, containing ninety four and Thirty two Hundredths acres And the court doth find that afterwards to wit: on the 6th day of April AD 1841 the said Lowery Jones and Rebecca his wife, the said Jones having entered said land before the time last aforesaid and Which afterwards the pattent aforesaid

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was issued, by Conveyed said tracts of land to One James Frazier as alleged in plffs petition, and that the said James Frazier took possession of said tracts of land, and the court doth further find that the said James Frazier made his last will and testament with a Codical thereto as alleged in said petition and thereby devised all his real estate to John W. Frazier his son one of said defendants as alleged in said petition, that said and Codical were admitted to probate and Established in the county court of St. Clair County Missouri on the 3rd day of May AD 1843, as alledged in said petition and that at the time of the death of the said James Frazier he was the owner of said tracts of land, And the court doth further find that afterwards to wit, on the 16th day of August AD 1847 the said John W. Frazier sold said tracts of land to one Smith G. Masterson And of said Defendants And by and of that date intended and all pled to convey the same tracts of land aforesaid to the Said Smith G. Masterson And by the numbers and description aforesaid and did so except, by Mistake of the township, which was described as Township Twenty Eight when it should have been and was entered to be Township thirty Eight And the court doth further find that afterwards on the 14th day of June AD 1848, and Absolom Boots Defendant purchased the same lands in Township thirty Eight of the Said Smith G. Masterson and the said Masterson by Deed of conveyance of that date intended to convey the tracts of land as described in Township Thirty Eight but being Misled by the prior Misdescription by mistake described the same as being in Township Twenty Eight when it should have been Township Thirty Eight, and the court further finds that afterwards on the 8th day of May AD 1855, one William O. Ousley defendant purchased said Absolom Boots Deft and Elizabeth Boots his wife the Elizabeth being now dead, and the said Absolom Boots & Elizabeth his wife, by a Deed of conveyance and bearing date the 8th day of May AD 1855 intended to convey to the said William M. Owsley the tracts

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of land as described as township Thirty Eight but being misled by prior Misdescription by mistake described it as being in Township No. twenty Eight when it was intended to be And so understood, to be for the tracts of land in Township Thirty Eight aforesaid, and the court doth further find that afterwards on the 16th day of June AD 1856 said plaintiff purchased said tracts of land in township thirty Eight of the said William M. Ousley and Maria his wife and that the said Owsley and wife by a Deed of conveyance of that date intended to convey to said plaintiff the tracts of land as described in Township Thirty Eight aforesaid being the tracts of land understood between said plaintiff and said Owsley and wife, and intended to be conveyed, and said plaintiff not Knowing the number of said township in Which said tracts were Actually situated and being misled, by prior misdescriptions said lands in said last mentioned Deed to said plaintiff by mistake were also described as lying in township twenty Eight When in truth it should have been and was understood and intended to be Township Thirty Eight, and the court here doth further find, that on account of said several mistakes in the deeds of conveyance between the parties aforesaid and as herein before found and ascertained by the court said deeds do not Express the true understanding and intention of said grantees and that by mistake said Township twenty Eight as mentioned in said deeds was intended to be Township Thirty Eight, and that said Several Deeds intended to convey the tracts of land first purchased by the said Lowery Jones first mentioned. In consideration of the premises it is ordered adjudged and decreed by the court here that said deed of conveyance from the said John W. Frazier to Smith G. Masterson and from the said Masterson to the said Absolom Boots, and from the said Absolom Boots to the said William M. Ousley and from the said Owsley to said plaintiff be

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reformed and recorded that Township twenty Eight in said deeds shall read Township Thirty Eight whenever the same accesses in said deeds of conveyance, so as to fully adjust the title to said tracts of land in said plaintiff not withstanding said mistake and Errors in said deeds of conveyance and it is further ordered that plff pay the costs of this suit and that Execution issue therefor.

Aaron Trippett & Pines R. Dunn – Plffs
vs
Columbus Hahn – Deft
Civil Action on 2 notes at 10 per cent Interest
Now at this day comes said plaintiffs by their attorney and it appearing from the return of the Sheriff of St. Clair county that Said defendant had been fully 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 Plaintiff demanding a trial and this action being founded on a promissory note for the direct payment of money bearing Interest at the rate of ten per cent per annum and the amount thereby liquidated and there being no Answer to plaintiffs petition and the time for filing pleading having expired whereby the said action remains against the said defendant undefended and the said defendant being three times Solemnly called comes not but makes default wherefore Judgment ought to be rendered for want of answer. And the court here doth find that said defendant is Justly indebted to the said plaintiff in the Sum of two Hundred and forty three Dollars and fifty four cents on said notes and interest due thereon It is therefore considered by the court that said plaintiffs have and recover against the said Defendant the Said sum of $243 & 54/100 for their Debt so found due by the court as aforesaid together with their costs in this behalf and that Execution Issue therefor.

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Rachel J. Rice – Plff
vs
William Gardner – Deft
Civil action
Now at this day comes again the Said Plaintiff, by her attorney And the Said defendant being three times severally called comes not but makes default and having failed at this term of the court, to appear or show cause why the Judgment against him ordered by this court at the last term Should not now be made final and absolute and Said Plaintiff being ready for trial and to have her damages assessed Thereupon comes a Jury To wit John B. Todd, Anderson Allen, Marcellus J. Harris, Aurelius B. Harris, John J. Scott, John W. Beckley, John B. Cox, Christopher C. Corbin, Thomas N. Henley, William F. Crenshaw, George W. Casey, and Edward H. Delozier, twelve good and lawful Men elected and duly Sworn to well and truly assess the damages in this case who after hearing the evidence returned into court the following verdict To wit
“We the Jury assess the damages that plaintiff has sustained at Five thousand five Hundred dollars. Wm. F. Crenshaw foreman”
It is therefore considered by the court that the said Plaintiff have and recover against the said defendant the Said sum of $5500. for her Damages so assessed by the Jury as aforesaid together with her costs and charges in this behalf laid out and expended and that execution Issue therefor.

Albert G. Culbertson, James Sims & Martha Sims – Plffs
vs
Isaac C. Culbertson, Joseph Culbertson, Leah Culbertson, Mary Culbertson, Nancy Culbertson, Samuel Culbertson, John Culbertson and Sarah Culbertson – Defts
Partition Sale & Sheriffs Report
Now at this day comes Robert P. Cocke sheriff of St. Clair county By Benjamin N. Cocke deputy Sheriff and by leave of the court files herein his report

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of the sale real estate belonging to the above named parties by him sold by order of this court.

Thomas Ritchey and Rachel Ritchey – Plffs
vs
James Phillips, Isaac Phillips, Isaac D. Jondre, Joseph Wilsey, Ellen Wilsey, Edward Harper, Nancy Harper, William Brannon and Jane Brannon – Defts
Partition sale and Sheriffs Report
Now at this day comes Robert P. Cocke Sheriff of St. Clair County By Benjamin N. Cocke Deputy Sheriff And by leave of the Court files herein his report of the sale of the real estate belonging to the above named parties by him Sold by order of this court.

Thomas E. Aiken and Purlina Aiken – Plffs
vs
John M. Copenhaver, James H. Copenhaver and Monning Copenhaver – Defts
Partition Sale & Sheriffs Report
Now at this day comes Robert P. Cocke Sheriff of St. Clair county By Benjamin N. Cocke deputy Sheriff And by leave of the court files herein his report of the Sale of real estate belonging to the above named parties by him Sold by order of this court.

State of Missouri
vs
Israel Wilson
Attachment
On motion of the circuit attorney It is ordered by the court that an alias writ of Attachment be issued against the said Israel Wilson directed to the Sheriff of Polk County returnable to the next term of this court.

Columbus Hahn and Gilly P. Hahn – Plffs
vs
Peter Brown, Andrew Brown, Benjamin Brown & others – Defts
Civil action to obtain title to real estate
Now at this day comes Andrew Brown

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one of the defendants by his attorney Wm. A. McClain and enters his appearance to this suit And It being Suggested to the court by Said plaintiffs attorney that since the last continuance of this cause Susan Overshiner one of the defendants in this cause has departed this life leaving the following named children James N. Overshiner, Mary C. Overshiner, and Hellen Overshiner all minors under the age of twenty one years It is therefore ordered by the court that the aforesaid children of the said Susan Overshiner Deceased be made parties defendants to this suit and that they be summoned to appear at the next term of this court to answer said plaintiffs petition And on Motion of said Plaintiff It is ordered by the court that they have leave to file an amended petition in this cause in vacation 60 days before the next term of this court.

State of Missouri – Plff
vs
James Delozier – Deft
Indictment for disturbing religious worship
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant by Waldo P. Johnson his attorney And the said defendant by his attorney Says he will not further contend with the State in this behalf but admits that he is guilty in Manner and form as charged against him in said Indictment and for his punishment puts himself upon the mercy of the court whereupon the court doth assess his said punishment at a Fine of one dollar.
It is therefore considered by the court that the Said State of Missouri have and recover against the Said defendant the said sum of one dollar for her fine so assessed by the court as aforesaid together with her costs in this behalf and that capias execution Issue therefor and that said defendant render himself in Execution therefor.

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Thomas E. Aiken and Purlina Aiken – Plffs
vs
John M. Copenhaver, James H. Copenhaver & Monning Copenhaver – Defts
Petition for partition
Now at this day comes the plaintiffs by their attorney and suggests to the court that the NE qr of the SW qr of section No. 23 in Township No. 39 of Range No. 34 containing 40 acres ordered to be sold by the Decree and order of sale made in said cause at the last term of this court has not been sold and on motion of said plffs it is ordered by the court here that the sheriff of St. Clair county Mo. proceed to sell the same in accordance with the original Decree of this court in said cause at the next term of this court.

David M. Hitchcock, Charles Beardsley and Benjamin Jay – Plff
vs
Columbus Hahn – Deft
Civil action on Note at 10 per cent
Now at this day comes said plaintiffs by their attorneys and it appearing from the return of the Sheriff of St. Clair County that said defendant have 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 plaintiffs demanding a trial and this action being founded on a promissory note for the direct payment of money bearing interest at the rate of ten percent per Annum and the Amount thereby liquidated And there being no answer to plaintiffs petition And the time for filing pleading having expired whereby the said Action remains Against the said defendant undefended And the said defendant being three times solemnly called comes not but makes default Wherefore Judgment Ought to be rendered for want of answer And the court here doth find that said defendant is Justly indebted to the said plaintiffs in the sum of $646.40/100 on said Note And interest due thereon. It is therefore considered by the court that said plaintiffs have and recover Against the said Defendant the said sum of $646.40/100 for their Debt so found due by the court as aforesaid together with their costs in this behalf and that execution Issue therefor.

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March Term 1860

William L. Vaughan & Waldo P. Johnson – Plff
vs
Christopher C. Corbin – Deft
Civil Action on Note at 10 per cent
Now at this day comes said plaintiffs by their Attorney, and it appearing from the return of the Sheriff of St. Clair County that said Defendant had 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 plaintiffs demanding a trial and this action being founded on a promissory note for the direct payment Of money bearing interest At the rate Of ten percent per annum, and the Amount thereby liquidated And there being no Answer to plaintiffs petition and the time for filing pleadings having Expired whereby the said action remains against the said defendant undefended and the said defendant being three times solemnly called comes not but makes default wherefore Judgment ought to be rendered for want of answer And the court here doth find that said defendant is Justly indebted to the said plaintiffs in the sum of two Hundred and Ninety one Dollars And Ninety Eight cents on said Note and Interest due thereon. It is therefore considered by the court that said plaintiffs have and recover against the said Defendant the said Sum of $291.98/100 for their Debt so found due by the court as aforesaid together with their costs in this behalf and that Execution Issue therefor.

Waldo P. Johnson – Plff
vs
Christopher C. Corbin – Deft
Civil Action On Note at 10 per cent
Now at this day comes said plaintiff by his Attorney And it Appearing from the return of the sheriff of St. Clair County that said defendant had been duly served with process in this cause by copy more than fifteen Days before the first day of this court and the said plaintiff demanding a trial and this action being founded on a promissory note for the direct payment of money bearing Interest at the rate

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Of ten per cent per annum and the amount thereby liquidated and there being no Answer to plaintiffs petition and the time for filing pleadings having expired whereby the said action remains against the said defendant undefended and the said defendant being three times solemnly called comes not but makes default wherefore Judgment Ought to be rendered for want of Answer And the court here doth find that said defendant is Justly indebted to the said plaintiff in the sum of One Hundred and Eighteen Dollars and Eight cents on said note and interest due thereon. It is therefore considered by the court that said plaintiff have and recover against the said Defendant the said sum of $118.08/100 for his Debt so found due by the court as aforesaid together with his costs in this behalf and that Execution Issue therefor.

Waldo P. Johnson – Plff
vs
Columbus Hahn – Deft
Civil Action On Note at 10 per cent Interest
Now at this day comes Said plaintiff by his Attorney And it Appearing from the return of the Sheriff of St. Clair County that said Defendant had 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 plaintiff demanding a trial And this action being founded on a promissory note for the direct payment of money bearing interest at the rate of ten per cent per annum and the amount thereby liquidated And there being no answer to plaintiffs Petition and the time for filing pleadings having expired whereby the said action remains against the said defendant undefended And the said defendant being three times solemnly called comes not but makes default wherefore judgment Ought to be rendered for want of answer And the court here doth find that said defendant is Justly indebted to the said plaintiff in the sum of Three Hundred And forty one Dollars And fifty cents on said note and interest due thereon It is therefore considered by the court that said plaintiff have and recover against the said Defendant the

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said sum of $341.50 for his debt so found due by the court as aforesaid together with his costs in this behalf And that Execution Issue therefor.

William L. Vaughan & Waldo P. Johnson – Plff
vs
Columbus Hahn – Deft
civil Action On Note at 10 per cent Interest
Now at this day comes said plaintiffs by their Attorney, And it appearing from the return of the Sheriff of St. Clair County that said defendant had 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 plaintiff demanding a trial and this action being founded on a promissory note for the direct payment of money bearing interest at the rate of ten per cent per annum And the Amount thereby liquidated and there being no answer to plaintiffs petition, And the time for filing pleadings having expired, whereby the said Action remains against the said defendant undefended. And the said defendant being three times solemnly called comes not but makes default wherefore Judgment ought to be rendered for want of Answer And the court here doth find that said defendant is justly indebted to the said plaintiff in the Sum of Six Hundred and Seventy Six Dollars And Six cents on said note And interest due thereon It is therefore considered by the court that said plaintiffs have and recover against the said Defendant the said sum of $676.06/100 for their Debt so found due by the court as aforesaid together with their costs in this behalf. And that Execution Issue therefor.

Samuel Ayres – Plff
vs
Benjamin F. Cook – Deft
Now at this day comes said plaintiff by his attorney and it appearing from the return of the Sheriff of St. Clair County that said defendant had been duly served with process I this cause by copy more than

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fifteen days before the first day of this term of this court and the said plaintiff demanding a trial And this Action being founded on a promissory Note for the direct payment of money bearing interest at the rate of ten per cent per annum And the Amount thereby liquidated And there being no Answer to plaintiffs petition and the time for filing pleadings having expired whereby the said action remains Against the said defendant undefended And the said defendant being three times solemnly called comes not but makes default wherefore Judgment ought to be rendered for want of answer And the court here doth find that said defendant is justly indebted to the said plaintiff in the Sum of two Hundred and Thirty six Dollars and forty five cents on said note And interest due thereon It is therefore considered by the court that said plaintiff have and recover against the said Defendant the said sum of $236.45/100 for his Debt so found due by the court as aforesaid together with his costs in this behalf and that execution Issue therefor.

Albert G. Culbertson, James Sims & Martha Sims – Plffs
vs
Isaac C. Culbertson, Joseph Culbertson, Leah Culbertson, Mary Culbertson, Nancy Culbertson, Samuel Culbertson, John Culbertson and Sarah Culbertson – Defts
Partition & Sheriffs Deed
Be it remembered that on this day in Open court here personally appeared Robert P. Cocke Sheriff Of St. Clair County Missouri by Benjamin N. Cocke Deputy sheriff and Exhibits to the court a deed by him executed as sheriff as aforesaid conveying to William L. Vaughan all the right, title, interest, claim, Estate and property of the above named parties of in and to the following described tract or parcel of land situated in the county of St. Clair and state of Missouri To wit: Lot No. (10) ten in Block No. (13) Thirteen in the Town of Osceola Sold by him as Sheriff by virtue of an order of this court. And then and there in open court

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Acknowledged the Same to be his Act And deed as such sheriff for the uses and purposes therein contained.

Thomas Ritchey & Rachael Ritchey – Plffs
vs
James Phillips, Isaac Phillips, Isaac D. Jondro, Joseph Wilsey, Edward Harper, Nancy Harper, William Brannun & Jane Brannon – Defts
Partition Sale & Sheriffs Deed
Be it remembered that on this day in Open court here personally appeared Robert P. Cocke sheriff of St. Clair County Missouri by Benjamin N. Cocke Deputy sheriff And Exhibits to the court a deed by him Executed as Sheriff As aforesaid conveying to James W. Beck all the right, title, interest, claim, Estate and property of the above named parties of in and to the following described, tract or parcel of land Situated in the county of St. Clair and State of Missouri, To wit, Lot No. (1) one and North half of Lot No. (2) two of the South West quarter of Section No. (19) Nineteen in Township No. (37) Thirty seven of Range No. 24 Twenty four containing 120 Acres sold by him as sheriff by virtue of an Order of this court 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.

The Grand Jury returned into court here And by their foreman in presence of the Whole body Of grand Jurors Presented the following Bills of Indictment, To Wit:

One against Oliver Fletcher & Joseph Shortick for breaking and injuring house Doors & Windows.
[Note: This entry is crossed out.]

State of Missouri vs Oliver Fletcher & Joseph Sharenik for Breaking and injuring house Doors & Windows.

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State of Missouri vs Tignell J. Bailey & Hannabal Ross for Gaming.

State of Missouri vs Wisley Culbertson & Tignell J. Bailey for Gaming No. 1.

State of Missouri vs Wisley Culbertson & Tignell J. Bailey for card playing No. 2.

State of Missouri vs Jesse Fowler, Hannibal Ross, Jonathan Culbertson & Tignell J. Bailey for card playing.

State of Missouri vs George Taurman & Benjamin Powell for running horses on high way.

And having further business before them again returned to consider of their further presentments And Indictments.

Ordered that Court adjourn until tomorrow Morning 8 Oclock. F.P. Wright Cir Judge

Friday morning March 9th 1860 court met pursuant to adjournment Present as on yesterday.

Kingsland & Ferguson – Plffs
vs
John Dorchester – Deft
Now at this day comes the plaintiffs by their attorney and dismisses this action at their costs.

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In the circuit court
St. Clair county
March Term AD 1860
Edward F. Pittman and William H. Pittman – Plffs
Against
Silas Holloway & Charlotte Holloway – Defts
On petition to foreclose Mortgage
Now at this day comes here into court Edward T. Pittman And William W. Pittman the Above Named Plaintiffs by Johnson and Ballou their Attorneys as Well as Silas N. Holloway And Charlotte Holloway his wife the Above named Defendants by William A. McClain their Attorney and said plaintiffs file in court here their said petition Setting forth the said plaintiffs cause of action and said Defendants enter here in court their voluntary Appearance thereto Without Summon And said Defendants say they cannot deny the Matters Set forth and complained of by said plaintiffs in this said petition but admit the same to be true. And said defendants having failed to file Any Answer to said plaintiffs petition the same remains undefended, wherefore it is considered by the court here that said plaintiffs recover against defendants for the Matters complained of in their said petition But however it is unknown what amount of Damages said plaintiffs hath sustained and what Amount is Due said plaintiffs it is ordered that the same be inquired of And assessed by a Jury, but by counsel of parties the defendants Agree that the court May be inquired Of And assessed by the court at the present term of this court. And the court here after hearing the evidence in the cause And the Same having been Maturely considered doth find that the said defendant Silas N. Holloway is indebted to said plaintiffs on the promissory Note in their said petition Mentioned the sum of Eight Hundred and Ninety Dollars and doth assess plaintiffs Debt and damages at that sum, And it being shown to the Court here that the said Silas N. Holloway And Charlotte Holloway his wife on the 4th day of June AD 1858 for the purpose of Securing the payment of said promissory

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Note made executed and delivered to said plaintiffs a deed of Mortgage And thereby for And in Consideration of One Dollar to said defendants in hand paid by said plaintiffs and other considerations in said Mortgage deed Mentioned Granted, bargained sold and conveyed unto said plaintiffs their heirs and Assigns forever all of the following described real Estate situate in the county of St. Clair in the State of Missouri To wit. Lots No. Three and four Of the North West quarter of Section No. One in Township No. Thirty nine of Range No. twenty seven, And the West half of the North East quarter of Section No. Eight in And the North West quarter of the North West quarter Of Section No. Seventeen township Thirty nine in Range twenty six to have and to hold the same with all and singular the tenements rights, prestiges and appurtunances thereto belonging unto the parties of the second part (being said Plaintiffs) their heirs and Assigns forever. Which said Deed of Mortgage is And was Subject to the following condition that if the said defendant Should pay or cause to be paid the note in said plaintiffs petition mentioned And described with all interest that may become due and payable thereon according to the terms and effect of said note at the time when the same shall become due then said deed shall be void, but in default thereof to remain and the court doth find that said defendants nor either of them have complied with the condition Of Said Mortgage due but have made default by means whereof said condition hath become forfeited. It is therefore considered by the court here, that said plaintiffs recover of the said defendants said sum of Eight Hundred & ninety Dollars found due said plaintiffs upon said promissory note And assessed by the court aforesaid being their Debt and damages and that said plaintiffs also recover their costs on their behalf laid out and Expended to be levied of said Mortgage property herein before described and that defendants Equity of redemption be foreclosed, and if said Mortgaged property be not sufficient to satisfy said Debt, and damages and costs then

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the residue to be levied of other goods, chattels, lands and tenements of the said Silas N. Holloway, And that Execution Issue in conforming to this Judgment.

Daniel P. Morgan – Plff
vs
Spencer J. Ball, Joseph Norton, Josiah P. Norton & James L. Bissell – Defts
Civil Action
Now at this day comes the Plaintiff by his attorney and on his Motion It is Ordered by the court that An Alias writ of Summon be Issued against the defendant James L. Bissell directed to the Sheriff of St. Louis county returnable to the next term of this court.

Wesley Greenfield, Aaron B. Weeder, Newton L. Greenfield
vs
Shearman Webster – Deft
Civil Action & Attachment
Now at this day comes again the said plaintiffs by their attorney and It appearing to the court that the order of publication made in said cause at the last term of this court has not been published as the law requires It is therefore on Motion of said plaintiffs ordered by the court that the said Defendant be notified of this action by publication as follows To Shearman Webster the above Named defendant You are hereby Notified that the above named plaintiffs have filed their petition and commenced suit by attachment against you in the circuit court of St. Clair county Mo the object and General nature of which is to obtain judgment Against You on account of a bill of exchange by you sold And delivered to plaintiffs for the sum of seven hundred and fifteen Dollars with interest thereon from the 29th day of November 1858 at seven per cent per annum and for the further sum of Seventy Dollars and fifty cents for damages for non payment of the same And that Your property has been attached

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To wit Lot No. 1 And South half of lot No. 2 of SW qr Sec. 18 T. 39.R.26 containing 121 10/100 Acres, The W. ½ & SE qr of SE qr of Sec. 18 T.39.R.26 containing 120 Acres, The 3 ½ & SW qr of the SE qr of Sec. 26. T.39.R.26 containing 120 Acres, And that unless you be and appear At the next term of said circuit court to be begun and held at the court house in the Town of Osceola On Monday the third day of September next. And On or before the third day thereof plead Answer or demur to said plaintiffs petition the same will be taken as confessed And Judgment rendered against you And your property sold to Satisfy the same It is further ordered that a copy of this order be published in the Osceola Democrat as the law directs.

James H. Moss – Plff
vs
William J. Burnett – Deft
Civil action on Note at 10 per cent
Now at this day comes the said plaintiff by his attorney And files herein his petition And thereupon the said defendant by William A. McClain his attorney enters herein his voluntary appearance thereto And the Said defendant by his said attorney says that he cannot deny but admits the matters and things as set forth in plaintiffs petition. And consents that the same be proceeded on to final hearing at this term of this court And the Said defendant declining to file Any Answer herein wherefore Judgment Ought to be rendered for want of an answer and this cause coming On to be heard and the said being founded on a promissory note for the direct payment of money from which the court finds there is due plaintiff by default the sum of Ninety two Dollars principal and interest on said Note It is therefore considered by the court that said plaintiff have and recover of said defendant the said sum of $92 for his debt so found due by the court as aforesaid together with his costs in this behalf and that execution Issue therefor.

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Waldo P. Johnson – Plff
vs
William J. Burnett – Deft
Civil action on Note at 10 per cent
Now at this day comes the said plaintiff by his attorney and files herein his petition, and thereupon the said defendant by William A. McClain his Attorney enters herein his voluntary appearance thereto which the said Defendant by his said attorney says that he cannot deny but admits the matters and things as set forth in plaintiffs petition, and consents that the same be proceeded on to final hearing at this term of this court And the said defendant declining to file Any Answer herein wherefore Judgment Ought to be rendered for want of an answer and this cause coming on to be heard, and the same being founded on a promissory Note for the direct payment of money from which the court finds there is due plaintiff by default the sum of two Hundred and twenty three Dollars and Eighty three cents principal and interest on said Note It is therefore considered by the court that said plaintiff have and recover of said defendant the said sum of $223.83/100 for his debt so found due by the court as aforesaid together with his costs in this behalf and that execution Issue therefor.

William L. Vaughan & Waldo P. Johnson – Plff
vs
James Davis – Deft
Civil action on note at 10 per cent
Now at this day comes Said plaintiffs by their attorney And it Appearing from the return of the sheriff of St. Clair County that said Defendant had 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 plaintiff demanding a trial and this action being founded on a promissory Note for the direct payment of money and the amount thereby liquidated and there being no Answer to Plaintiffs petition and the time for filing pleadings having

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expired whereupon Judgment ought to be rendered for Want of answer and this cause coming on to be heard and the said being founded on a promissory note for the direct payment of money from which the court finds there is due to said plaintiffs by said Defendant the sum of one Hundred and Eighty three dollars and eighty four cents principal and interest due on said note It is therefore considered by the Court that the Said Plaintiffs have and recover of said defendant the said sum of $183.84/100 for their debt so found due by the court as aforesaid together with their costs in this behalf and that execution Issue therefor.

State of Missouri – Plff
vs
Wesley Culbertson & Tignell Bailey – Defts
Indictment for Gaming No. 1
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said Defendant Tignell Bailey in his own proper person as principal and Edward H. Delozier as his Surety and acknowledges themselves Jointly and severally indebted to the state of Missouri in the sum of one hundred dollars to be levied of their respective goods and chattels lands and tenements to be void upon Condition that the Said defendant Tignell Bailey shall make his personal appearance before the Judge of this court at the courthouse in the Town of Osceola on the first day of the next Term of this court to be begun and held Monday the third day of September next to answer said Indictment and obey the decision of the court and not depart the court without leave.

State of Missouri – Plff
vs
Wesley Culbertson & Tignell Bailey – Defts
Indictment for Gaming No. 2
Now at this day comes the Circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant Tignell Bailey in his own proper person as principal and Edward H. Delozier as his Surety and Acknowledge themselves Jointly And severally

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Indebted and firmly bound unto the State of Missouri in the sum of one hundred dollars to be levied of their respective goods and chattels lands and tenements to be void upon condition that the Said Tignel Bailey shall make his personal appearance before the Judge of this court at the courthouse in the Town of Osceola on the first day of the next term of this court to be begun and held on Monday the third day of September next to answer said indictment and obey the decision of the court and not depart the court without leave.

State of Missouri – Plff
vs
Tignell Bailey & Hannibal Ross – Defts
Indictment for Gaming
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant Tignell Bailey in his own proper person as principal and Edward H. Delozier as his Surety and acknowledge themselves Jointly and Severally indebted and firmly bound unto the State of Missouri in the Sum of one hundred dollars to be levied of their respective goods and chattels lands and tenements to be void upon condition that the said defendant Tignell Bailey shall make his personal appearance before the Judge of this court at the courthouse in the Town of Osceola on the first day of the next Term of said court to be begun and held on Monday the third day of September next to Answer said indictment and obey the decision of the court and not depart the court without leave.

State of Missouri – Plff
vs
Jesse Fowler, Hannibal Ross, Jonathan Culbertson & Tignell Bailey – Defts
Indictment for Gaming
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the Said defendant Tignell Bailey in his own proper person as principal and Edward H. Delozier as

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his surety and acknowledge themselves indebted and firmly bound unto the state of Missouri in the sum of one hundred dollars to be levied of their respective goods and chattels lands and tenements to be void upon condition that the said defendant Tignell Bailey shall make his personal appearance before the Judge of this court at the courthouse in the Town of Osceola on the first day of the next term of said court to be begun and held on Monday the third day of September next to answer Said indictment and obey the decision of the court and not depart the court without leave.

Thomas Coulthard – Plff
vs
Esther Coulthard & others – Defts
Petition for Partition
[written in left hand margin: March 8 1860 March Term]
Now at this day comes the plaintiff by his attorney and Suggests to the court that Jacob Coulthard one of the defendants to this suit is Insane and that William F. Beard has been duly appointed Guardian of his Estate by the County court of St. Clair County Mo And no process having been served upon the said Jacob Coulthard in this cause It is therefore ordered by the court that an alias writ of Summon be Issued directed to the said Jacob Coulthard and that the same be Served on said Guardian summoning him to appear at the next Term of this court to answer said plaintiffs petition And it being suggested to the court that Adam Coulthard, Mary J. Coulthard and John T. Coulthard who are also defendants to this suit are each and all minors under the age of 21 years thereupon the court appoints William J. Mayo Guardian Adlitem for each and all of said minors And the said William J. Mayo being present accepts said Appointment and files herein the answer of said minors to said petition And the said defendants Esther Coulthard, Andrew Yonce & Esther Yonce his wife, James Rickey & Tamar Rickey his wife, Joseph Sloss and Margaret Sloss his wife, and John Hodgson and Mary Hodgson his wife being three times severally solemnly called comes not but make default And it appearing to the court from the return of the Sheriff of St. Clair county Mo that each and all of said last Named defendants

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has been duly Served with process in this case, more than fifteen days before the first day of this term of this court And said last named defendants having failed to file any answer to said plaintiffs petition and the time for filing pleadings having expired wherefore Judgment ought to be rendered against them for want of answer And said petition being seen heard and fully understood by the court It is considered by the court that said plaintiff recover against the Said defendants Esther Coulthard, Andrew Yonce & Esther Yonce his wife, James Rickey and Tamar Rickey his wife, Joseph Sloss & Margaret Sloss his wife and John Hodgson and Mary Hodgson his wife for the matters complained of by said plaintiff in his said petition And it is ordered by the court that this cause be continued until the next term of this court at which time the matters set forth and prayed for in said petition shall be further inquired of and unless Said defendants shall then appear and show good cause to the contrary said Judgment will then be made final and absolute.

William L. Vaughan & Waldo P. Johnson – Plffs
vs
James Davis – Deft
Civil Action by attachment
S.D. Pierce Garnisher
Now at this day comes again the said plaintiffs by their attorney and by leave of the court file herein their denial of the answer of the said Samuel D. Pierce to the interroggatories addressed to him by said plaintiffs in this cause. And thereupon on motion of said Garnisher by his attorney It is ordered by the court that he be granted leave to file his replication to said plaintiffs denial in vacation 90 days before the next term of this court.

Waldo P. Johnson – Plff
vs
Spencer T. Corbin & others – Defts
Now at this day comes the said plaintiff by his attorney and Suggests to the court

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that Anna Corbin one of the defendants to This Suit is a minor under the age of 21 years whereupon the court appoints William A. McClain Guardian adlitem for said minor and the said William A. McClain being present accepts said appointment and files herein the answer of Said minor to said plaintiffs petition.

Elizabeth Brashear – Plff
vs
Waymack M. Brashear – Deft
Petition for Divorce
Now at this day comes the Said Plaintiff by her attorney and the said defendant being three times Solemnly called comes not but makes default and It appearing from the affidavit of Richard B. Devin the publisher of the Osceola Democrat a weekly newspaper published in the Town of Osceola in St. Clair County Mo that the order made by the clerk of this court in vacation notifying the Defendant of the commencement of this suit and the general nature and object thereof has been published in the Said Osceola Democrat newspaper as the law requires the last insertion being more than four weeks before the first day of this term of this court And there being no answer filed to said plaintiffs petition and the time for filing pleadings having expired wherefore Judgment ought to be rendered for want of answer And said petition being seen heard and fully understood by the court here It is considered by the court that said plaintiff recover against said defendant for the matters complained of by said plaintiff in his said petition. And It is ordered by the court that this cause be continued until the next term of this court at which time unless the said defendant appear and show Good cause to the contrary said Judgment will then be made absolute and final.

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Daniel P. Todd & Isaac Todd – Plffs
vs
Hanton Todd, Talton Todd, Thomas Todd, James W. McKinley & Sarah C. McKinley, Minerva F. Todd, Serena Todd, Lucy Ann E. Todd, Robert G. Todd, And Elzira W. Todd – Defts
Civil Action for partition and sale of Real Estate
Now at this day comes the said plaintiffs by their attorney and suggests to the court that Manton Todd, Talton Todd, Minerva F. Todd, Serena Todd, Lucy Ann E. Todd, Robert G. Todd, And Elvira W. Todd, Defendants to this suit are each and all minors under the age of Twenty one years whereupon the court Appoints William A. McClain Guardian Ad litem for Each and all of said minors and said William A. McClain being present accepts said appointment and files herein the Answer of Each and all of said Minors And the said Defendants James H. McKinley and Sarah C. McKinley being three times solemnly called come not but make default and it appearing to the court here from the return of the sheriff of St. Clair County Missouri, that said defendants has been duly served with process in this cause more than fifteen days before the first day of the present term of this court And there being no Answer filed by them to said plaintiffs petition. And the time for filing pleadings having expired whereupon Judgment Ought to be rendered for want of Answer And Said petition being seen heard and fully understood by the court here It is considered by the court that said plaintiffs recover against Said Defendants James H. McKinley and Sarah C. McKinley for the matters complained of by said plaintiffs in the said petition. And It is ordered by the court that this cause be continued until the next term of this court at which time unless the said Defendants Appear and show Good cause to the contrary said Judgment will then be made absolute and final.

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March Term 1860

Anthony W. Marsh – Plff
vs
Oliver C. Fletcher – Deft
Civil action
Now at this day comes the parties by their attorneys and the motion filed by said plaintiff on Wednesday last to rule plaintiff to security for costs in this cause coming on to be heard and the same having been seen heard and fully understood by the court is by the court sustained And It is Ordered by the court that said plaintiff be required to file the obligation of some responsible person as his Security for costs in this cause on or before the first day of the next term of this court.

The Grand Jury returned into court and by their foreman in presence of the whole body of Grand Jurors presented the following Bills of Indictment To wit

One against Wesley Culbertson for Selling liquor on Sunday.

One against [space] for [space].

One against Joseph Smith for Gaming.

One against James Delozier for Dealing with a Slave.

One against Wesley Culbertson for Selling Liquor without License.

One against [space] for [space].

And also presents to the court their report of the condition of the county jail which is by the court ordered to be filed and certified to the county court 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 writs be Issued on all Indictments found at this term of this court directed to the sheriff of the proper county returnable to the next Term of this court.

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March Term 1860

John A. Brownlee, Thomas J. Homer, James Riordan and John Ry – Plfs
vs
R. Bruce Hood and Jonathan C. Hood – Defts
Civil action on Note by attachment
Now at this day comes the said plaintiffs by their Attorney And it Appearing from the affidavit filed with plaintiffs petition that each of said defendants Are Nonresidents of the State of Missouri. And On Motion of said plaintiffs It is Ordered by the court that the said defendants be Notified Of this action by publication as follows To R. Bruce Hood and Jonathan C. Hood the above Named defendants. You are hereby notified that said plaintiffs have filed their petition and commenced suit by attachment against You in the circuit court Of St. Clair County Missouri the object And general Nature of which is to recover Judgment Against You for the amount of a certain promissory note for the sum of five Hundred and Nine Dollars and forty two cents dated the 21st August 1858 due six months after date with interest from Maturity at 10 per cent per annum together with the Interest due thereon That Your Property has been attached as follows Towit: The W ½ of lot No. 5 NE qr Sec 5 T.39.R.27 40 41/100 acres Lots 4 & 5 NW qr Sec 5.T.39.R.27, 160 64/100 acres The NW qr Sec 9 Tp 39 R 27, 160 acres and that unless you be and appear at the next term of said circuit court to be begun and held at the court house in the Town of Osceola On Monday the 5th day of September next and answer plead or demur to said petition on or before the third day of said term the same will be taken as confessed and judgment rendered against you and Your property sold to Satisfy the same It is further ordered that a copy of this order be published in the Osceola Democrat as the law requires.

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March Term 1860

John F. Weidemeyer – Plff
vs
John F. Thompson – Deft
Execution and Sheriffs Deed
Be it remembered that on this day in Open Court personally appeared Robert P. Cocke Sheriff of St. Clair county Missouri by Benjamin N. Cocke deputy Sheriff and Exhibits to the court a deed by him executed as Sheriff as aforesaid conveying to John F. Weidemeyer all the right, title, interest, claim, Estate and property of the Above named Defendant John F. Thompson Of in And to the following described tracts or parcel Of land situate in the county of St. Clair and State of Missouri To Wit: The North West quarter of North West quarter Section 33 Township 38 Range 26 containing 40 acres, South West quarter of South West quarter Section 28 Township 38 Range 26 containing 40 acres, South West quarter of North West quarter Section 28 Township 38 Range 26 containing 40 acres, South East quarter of NE quarter Section 39 Township 38 Range 26 containing 40 acres sold by him as sheriff by virtue of an Execution Issued from the Office of the clerk of the circuit court of Dade county Missouri 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.

Ordered that court adjourn until tomorrow morning 8 oclock. F.P. Wright Cir Judge

Saturday Morning March 10th 1860 Court met pursuant to adjournment Present as on yesterday.

Be it remembered that on this 10th day of March 1860 John J. Hockett a Native of the Kingdom of Great Britain comes into court And Makes Oath On the Holy evangelist of Almighty God that it is bonafied his intention to become a citizen of the United State and to renounce forever all allegiance and fidelity to Every foreign prince potentate state and Sovereignty Whatever and Particularly

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March Term 1860

All Allegiance And fidelity to Victoria Queen of Great Britain of Whom he is now A Subject

Thomas Coulthard – Plaintiff
vs
Esther Coulthard, Jacob Coulthard & others – Defts
Petition for partition
Now at this day comes here into Court the Said plaintiff by his attorney and William F. Beard the Guardian of the estate of Jacob Coulthard one of said defendants an insane person and said Guardian here enters his voluntary appearance for said Jacob Coulthard to said plaintiffs petition.

Waldo P. Johnson & Matilda Waldo – Plffs
vs
Jedediah Waldo, Mary O. Waldo & Milton O. Waldo – Defts
Partition & sale of real Estate
Now at this day comes the Said plaintiffs and Suggests to the court that in consequence of Mistakes in the description of some of the lands ordered to be sold in the advertisement of said sale a portion of Said lands could not be legally sold at this Term of this court Whereupon It is ordered by the court that all the lands Mentioned in Said decree and order of sale not now Sold be sold at the next Term of this court by the Sheriff of St. Clair County in pursuance of the Original Decree and order of Sale made by this court in said cause.

Columbus Hahn & Gilly P. Hahn – Plffs
vs
Peter Brown, John C. Greenwell, Ruth Greenwell & others – Defts
Petition for Title to real Estate
Now at this day comes the said Plaintiffs by their attorney and the said Defendants John C. Greenwell and Ruth Greenwell Comes into court here and enters their voluntary appearance to said plaintiffs petition.

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March Term 1860

It is ordered by the court that alias writs of Attachment be Issued against Israel Wilson Directed to the Sheriff of Polk county and against Thomas Dudley and Frances Dudley directed to the Sheriff of St. Clair county both returnable to the next term of this court.

Waldo P. Johnson – Plff
vs
Spencer T. Corbin, David S. Corbin & Martha M. Corbin his wife, George Corbin & Anna Corbin – Deft
Civil action for title to real estate
Now at this day comes the Said plaintiff by his attorney and the said defendants being Severally three times Solemnly called comes not but make default And it appearing to the court here from the return of the Sheriffs of St. Clair and Christian counties that the said defendants Spencer T. Corbin, David S. Corbin and Martha M. Corbin have been each duly served with process in this cause more than fifteen days before the first day of this term of this court And there being no Answer filed by said last mentioned defendants to said plaintiffs petition and the time for filing pleadings having expired wherefore Judgment ought to be rendered for want of answer and said Motion being seen heard and fully understood by the court It is therefore considered by the Court that plaintiff recover against said defendants Spencer T. Corbin, David S. Corbin and Martha M. Corbin for the matters complained of by said plaintiff in his said petition. And It is further ordered by the court that this cause be continued until the next term of this court at which time the damages shall be inquired of and unless good cause to the contrary Said Judgment will then be made absolute and final.

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March Term 1860

John A. Brownlee, Thomas C. Homer, James Riodan & John Rex – Plaintiffs
Against
R. Bruce Hood and Jonathan C. Hood – Defendants
Civil action On Note by Attachment
Now at this day comes the Said Plaintiffs by their Attorney And it Appearing from the Affidavit filed with Plaintiffs petition that each of said defendants are nonresidents of the State of Missouri, And On Motion of Said plaintiffs it is ordered by the court that the said defendants be notified of this action.
[Note: Above entry crossed out.]

John Dorchester – Plff
vs
Spencer T. Corbin and Christopher C. Corbin – Defts
Execution And Sheriffs Deed
Be it remembered that on this day in Open Court here personally Appeared Robert P. Cocke Sheriff of St. Clair County Missouri by Benjamin N. Cocke Deputy Sheriff And Exhibits to the Court a deed by him executed as Sheriff aforesaid conveying to John M. Weidemeyer all the right, title, interest, claim estate And property of the above named Defendants Spencer T. Corbin and Christopher C. Corbin. Of in And to the following described tract Or parcel of land Situated in the County of St. Clair and State of Missouri to wit The North West quarter of North East quarter And the North East qr of South West qr And the North West qr of Section No. 35 thirty five in Township No. (38) Thirty Eight of Range No. 25 Twenty five containing 240 acres. Sold by him as Sheriff by virtue of An execution Issued from the Office of the Clerk of the Circuit court of St. Clair County Missouri And then and there in Open Court acknowledged the Same to be his Act and deed as said Sheriff for the uses and purposes therein contained.

It is ordered by the Court that All Causes, Motions and Other business not otherwise disposed of At this term of this court be continued until the next term of this Court.

It is ordered that Court adjourn until court in course. F.P. Wright Cir Judge

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