St. Clair County Circuit Court
Microfilm Transcripts

SEPTEMBER TERM 1859

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September Term 1859

At a circuit court begun and held at the court begun and held at the court house in the Town of Osceola within and for the county of St. Clair and State of Missouri on Monday the 5th day of September AD 1859
Present
Hon Foster P. Wright Judge
James W. Beck clerk
Robert P. Cocke Sheriff

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 Osceola Township – Alexander Walker, James Addington, Clifton G. Browning, John H. Parks, William B. Lawler, Henry C. Gentry, William T. Bourland and John M. Elkins 8
From Monigan Township – Aaron Boots, William Lukenbill, Amos G. Groom, Simeon C. Bruce, Asahel Gibbons, William Nichols, James M.H. Ledbetter and George W. Parks and [space] 8
And William Lukenbill having offered a satisfactory excuse was by the court excused and thereupon the Sheriff Summoned Joseph H. Green in his place.
From Washington Township – William T. King, Tillman Thompson, Rookins R. Moore, Birgess Hurt, James Dudley, Alston Phillips and Oscar F. Keller 7
From Speedwell Township – William W. Ritchey, Julius Hacker, Preston Gordon, Andrew Pugh, Snoden T. Morris, Robert G. Crockett and Moses Preston 7
From Polk Township – John J.C. Woolf, John B. Todd, John S. Sanders, Bennet Pitt and James F. Boswell 5
From Jackson Township – John M. Amlin, John Thompson, Thomas Copenhaver, George W. Tally and William Harris
whereupon in presence of the court the oath required by law was by the Clerk

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September Term 1859

Of this court administered to Robert P. Cocke Sheriff and Benjamin N. Cocke Deputy Sheriff in vacation to summoning and returning Jurors And thereupon the clerk of this court proceeded to ballot for the names of persons to compose the Grand Jury and the following names were Severally drawn To wit
From Monigan Township – Simeon C. Bruce who was by the court appointed foreman, George W. Parks and Aaron Boots 3
From Osceola Township – Henry C. Gentry, William T. Bourland and Alexander Walker 3
From Washington Township – Birgess Hurt, Rookins R. Moore and William L. King 3
From Jackson Township – John Thompson and Thomas Copenhaver 2
From Speedwell Township – Robert G. Crockett, William W. Ritchey and Moses Preston 3
From Polk Township – Bennett Pitt and John B. Todd 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 who after receiving their charge from the court retired to consider of their presentments and Indictments.

State of Missouri
vs
Stanhope McCommons
Indictment for failing to keep road in repair
Now at this day comes the said Deft in his own proper person and Thomas W. Freeman the circuit attorney being absent The court appoints William J. Mays circuit attorney pro tem to prosecute for the State of Missouri in this cause who being in court here consents to act in this case And thereupon Says he will not further prosecute said Indictment It is therefore considered and Ordered by the court that the said defendant

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September Term 1859

be acquitted and from his recognizance discharged and that he go hence thereof without day.

Andrew Pugh and James F. Boswell having appeared in court here in obedience to the Summons served on therein to Serve as Jurors and for good cause shown were Severally excused from Serving as Jurors at this term of this court. And it is ordered by the court that three other persons qualified to serve be summoned by the Sheriff to serve during this term of this Court until discharged by the court. And thereupon said Sheriff summoned Isaac N. Cassity, William F. Evans and William Barnett as such Jurors.

Upon Satisfactory evidence produced to the court here It is ordered by the court that Snoden T. Morris be excused for failing to attend as a Juror at this term of this court.

State of Missouri – Plff
vs
Benjamin Gordon – Deft
Indictment for Bigamy
Now at this day comes the defendant in his own proper person and by his attorney And Thomas W. Freeman the circuit attorney being absent The court here appoints William A. McClain circuit attorney protem to prosecute for the State of Missouri in this cause and the said William A. McClain being in court here accepted of said appointment in this case And thereupon the said Defendant by his attorney by leave of the court files herein his Motion to quash the first count in said Indictment which said motion being seen heard and fully understood by the court is by the court over ruled And thereupon the said Defendant by his attorney 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.

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September Term 1859

And thereupon the said defendant by his attorney says he will not further contend with the state and for his plea in this behalf says 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 a fine of Five hundred Dollars It is therefore considered by the court that the said State of Missouri have and recover against the said defendant Benjamin Gordon the Said Sum of $500.00 for his fine So assessed by the court as aforesaid together with her costs in this behalf expended and that said defendant to remain in custody of the Sheriff until Said Fine and costs be paid And thereupon the said defendant by his attorney presents to the court his petition praying the Court to Commute his said punishment to imprisonment in the county jail which said Petition is by the court taken under advisement until tomorrow morning.

Thomas W. Freeman the circuit attorney being still absent It is ordered by the court that Alexis Womsley be appointed circuit attorney pro tem And the said Alexis Womsley being in court here accepts of said appointment.

State of Missouri – Plff
vs
Samuel Potter – Deft
Indictment for Petit larceny
Now at this day comes John Loyd one of the Securities for the said Defendant in his recognizance and Surrenders the said defendant into court here whereupon It is ordered by the court that the Said defendant remain in custody of the Sheriff until he give security to the satisfaction of the court or be otherwise discharged Whereupon the said Defendant in

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September Term 1859

his own proper person as principal and Finas S. Anderson as his Security here in open court acknowledge themselves indebted to the State of Missouri in the sum of Three hundred Dollars to be levied of their respective goods and chattels lands and tenements to the use of said state to be rendered void upon condition that the said defendant Shall abide the decision of this court in this cause and not depart the court without leave of the Court And thereupon comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant Samuel Potter in his own proper person and by attorney And the said defendant by his attorney says he will not further contend with the State and for his plea in this behalf 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 a fine of Twenty five Dollars It is therefore considered by the court that the Said State of Missouri have and recover against the Said defendant the Said Sum of $25.00 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.

Felix Hunton – Plff
vs
Jefferson Drake – 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.

Morgan H. Cleaveland – Plff
vs
Joseph H. Green
Civil action
Now at this day comes the

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September Term 1859

Said defendant by his attorney and by leave of the court files herein his Answer to Said plaintiffs petition.

State of Missouri – Plff
vs
William Addison – Deft
Indictment for a felonious assault
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant in his own proper person and by attorney And on Motion of said Defendant 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.

Ann E. Disker – Plff
vs
John H. Disker – Deft
Petition for Divorce
Now at this day comes the said Plaintiff by her attorney and says she will not further prosecute this suit but dismisses the same at her costs. It is therefore considered by the Court that the said Defendant have and recover against the said Plaintiff his costs in this behalf laid out and expended and that execution Issue therefor.

Oscar F. Keller for good cause to the court here shown is by the court excused from further Service as a Juror at this term of this court.

State of Missouri
vs
Henry Pollard
Attachment for failing to appear as witness
Now at this day comes the said Henry Pollard and for good cause to the court here Shown he is by the court excused for failing to attend at the last term of this court as a witness on the part of the State of Missouri against Stanhope McCommons in an Indictment for failing to Keep road in repair and discharged from his recognizance in said attachment upon payment of the costs thereby incurred.

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September Term 1859

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

Tuesday morning September 6th 1859 Court met pursuant to adjournment Present as on yesterday.

Penelope Locke – Plff
vs
Christian Hoover – Deft
Civil Action
Now at this day comes the said Plaintiff by her attorney and says she will not further prosecute this action And Dismisses the same at her costs It is therefore considered by the court 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.

State of Missouri – Plff
vs
Benjamin Gordon – Deft
Indictment for Bigamy
Now at this day comes again the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said Defendant in his own proper person and by attorney and the court having seen heard and duly considered The petition filed by said plaintiff in this cause on yesterday It is considered by the Court that the punishment of said Defendant Assessed at a Fine of $500 be commuted to imprisonment in the County Jail for the term of ten days It is therefore Ordered by the court that the said defendant be committed to the common Jail of St. Clair county and that he there remain for the space of ten days in lieu of said Fine of $500 so assessed by the court on yesterday and that Said

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September Term 1859

Fine be remitted upon his remaining in said Jail as herein ordered And that capias execution Issue against said Defendant for the costs in this cause.

State of Missouri – Plff
vs
Wilson Y. Taylor, Henry E. Moran, Elijah Hinkle, Columbus Hahn and James C. Hinkle – Deft
Scire facias on forfeiture of Recognizance
Now at this day comes the Circuit attorney who prosecutes for the State of Missouri in this behalf and on his motion It is ordered by the court that an Alias Scirefacias be Issued in this cause against the said defendant William Y. Taylor Directed to the Sheriff of St. Clair County returnable to the next term of this court. And this cause is by the court continued until the next term of this court.

State of Missouri – Plff
vs
John Racer – Deft
Indictment for Selling liquor without license

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 Racer in his own proper person And for his plea in this behalf the Said defendant Says 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 the punishment of said defendant at a Fine of Twenty Dollars
It is therefore considered by the court that the said State of Missouri have and recover against the Said defendant the Said Sum of $20 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.

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September Term 1859

Albert G. Culbertson & James Sims and Martha Sims – Plffs
vs
Isaac C. Culbertson, Joseph Culbertson, Leah Culbertson, Mary Culbertson, Nancy Culbertson, Samuel Culbertson, John Culbertson and Sarah Culbertson – Defts
Petition for Partition & Commissioners Report
Now at this day comes the said Plaintiffs by their attorney and Uriah L. Sutherland, William W. Ritchey and Jacob Coonce the commissioners appointed by this court to make partition and division of the real estate belonging to the above named parties as heirs of Isaac Culbertson Deceased according to their respective rights and interests therein comes into Court here and presents to the court their report of their proceedings touching the partition and division of said real estate
And it appearing to the court here that Said commissioners have made said partition and division according to law and there being no objections offered to said report or good cause shown to set the same aside and Said report having been acknowledged and certified as the law requires It is therefore considered by the court that said report be and there to be same is by the court approved and ordered filed and recorded herein which is as follows To wit:
“State of Missouri
County of St. Clair SS
The undersigned U.L. Sutherland, W.W. Ritchey, and Jacob Coonce having been appointed by the circuit court of said county commissioners to make partition of the real estate of Isaac Culbertson deceased late of Said County to the heirs at law of said estate according to the interest of each heir or legatee as set forth in the decree of said court for partition in said estate being duly Sworn depose and say upon oath that we will honestly

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September Term 1859

And impartially execute the trust reposed in us according to our knowledge and ability.
U.L. Sutherland
W.W. Ritchey
Jacob Coonce X his mark
Commissioners
Subscribed and Sworn to before me this 6th day of August 1859.
R.L. Ashworth Justice of the peace
State of Missouri
County of St. Clair
The undersigned U.L. Sutherland, William W. Ritchey and Jacob Coonce having been appointed by the circuit court of Said county commissioners to make partition of the real estate which belongs to the estate of Isaac Culbertson deceased late of said county to the heirs at law of Said estate according to the interest of each heir or legatee as set forth in the decree of said court for partition in said estate respectfully report to said court that we find belonging to said estate the following described real estate situated in said county & state that is to say

making in all fifteen hundred and seventy two and 91 hundredths acres (1572 91/100 A) and also one lot in the Town of Osceola in Said county being lot no. ten in Block No. thirteen in said Town And we have made partition of said real estate as follows

To Albert G. Culbertson

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September Term 1859

To Martha A. intermarried with James Sims

To Nancy Culbertson:

To Joseph Culbertson

To Isaac C. Culbertson

To Leah A. intermarried with William F. Thompson

To Mary E. Culbertson

To Samuel G. Culbertson

To John M. Culbertson

To Sarah E. Culbertson

We further maintain that the Town lot No. 2 in the Town of Osceola sold as it could not be divided with any Lots or parcel of lands without making the share too large in value All of which is respectfully submitted

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September Term 1859

Given under our hands and seals this 30th day of August 1859
U.L. Sutherland (seal)
Wm. W. Ritchey (seal)
Jacob Coonce X his mark (seal)
Commissioners fee Each $15 total $45
State of Missouri
County of St. Clair SS
Be it remembered that U.L. Sutherland, William W. Ritchey and Jacob Coonce who are personally Known to the undersigned Clerk of the circuit court of said County and State to be the persons whose names are Submitted to the within and foregoing report of commissioners this day appeared before me and acknowledged that they executed and delivered the Same as their voluntary act and deed for the uses and purposes therein contained In testimony whereof I James W. Beck clerk as aforesaid hereunto Subscribe my name and affix the seal of Said court at office in Osceola this 5th day of September AD 1859.
James W. Beck Clerk (LS)
And It is further ordered adjudged and Decreed by the court here that Said partition be firm and effectual forever And that the Sheriff of St. Clair county be and he is hereby ordered and required to sell the said Town lot No. 10 in Block No. 13 in the Town of Osceola in St. Clair county Missouri according to law for cash in hand and that out of the proceeds of Said Sale he pay off the costs and expenses of the proceedings in this cause including an attorneys fee allowed by the court here to Waldo P. Johnson for his Services in this cause of One Hundred Dollars to be Taxed and paid as other Costs And that he report his proceedings to this court.

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September Term 1859

Temperance Cox & John B. Cox – Plffs
Vs
William M. Cox Jr., Joseph W. Cox Jr., Louis S. Baradg & Margaret H. Baneda – Defts
Petition for Partition
Now at this day comes the said plaintiffs by their attorney and on their motion It is Ordered by the court that Alias writs of Summon be Issued against all the defendants in this cause not heretofore Summoned returnable to the next term of this court And that this cause be continued until the next term of this court.

State of Missouri – Plff
vs
Joseph Duckworth – Deft
Indictment for dealing with a slave
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant in his own proper person and by attorney and for his plea in this behalf says he is not guilty in manner and form and both parties being ready for trial and neither party requiring a Jury the trial of this cause is by consent of the parties Submitted to the court whereupon after hearing the evidence the court doth find the said defendant guilty in manner and form as charged in said Indictment against him and doth assess her punishment at a fine of Twenty Dollars It is therefore considered by the court that the Said State of Missouri have and recover against the said Defendant the said sum of $20. for her fine so assessed by the court as aforesaid together with her costs in this behalf expended and that capias execution Issue therefor and that said defendant render himself in execution therefor.

H.A. Waltermire – Plff
vs
William Bunch – Deft
Appeal from JP
Now at this day comes the Said parties by their attorneys And on motion

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September Term 1859

of the said defendant 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 at the said defendants cost It is therefore considered by the court that the said Plaintiff have and recover against the said defendant his costs in this behalf laid out and expended at and about this term of this court and that execution Issue therefor.

State of Missouri – Plff
vs
William C. Rentfro – Deft
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 in his own proper person and by attorney and on motion of said defendant 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.

Amos G. Groom one of the Petitioners for good cause here shown is by the court excused from further Service as a Juror at this term of this court.
Robert G. Crockett a member of the Grand Jury for good cause to the court here shown is by the court excused from further Service as a Juror at this term of this court And thereupon William Barnett was duly sworn in as a Grand Juror in his place.

The county of St. Clair for the use of the common School fund of said county – Plffs
vs
Lewis W. Sifford, John Sifford, William R. Madura, Aurelius B. Harris, Marcellus J. Harris and Uriah L. Sutherland – Defts
Civil action
Now at this day comes the said parties by their attorneys and on motion of said defendants It is ordered by the

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September Term 1859

they be granted leave to withdraw the original note filed in this cause upon which a Judgment was rendered at the last term of this Court by leaving a certified copy thereof on file in the office of the clerk of this court.

Josiah G. Bristow – Plff
vs
William Burchett – Deft
Appeal from JP
Now at this day comes the parties by their attorneys and both parties being ready for trial comes a Jury To wit Isaac N. Cassity, James Dudley, James Addington, Alston Phillips, John M. Elkins and Clifton G. Browning 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 were by the court adjourned until tomorrow morning 8 oclock under the usual charge of the court and this cause is by the court continued until that time.

Matilda Waldo – Plff
vs
Jedediah Waldo, Mary O. Waldo and Milton O. Waldo – Defts
Civil Action for partition & Sale of real estate
Now at this day comes the plaintiff by her attorney and it appearing from the return of the Sheriff of St. Clair county Missouri that each of said defendants have been duly served with process in this cause more than twenty days before the first day of this term of this Court and it being Suggested to the court here that each of the said defendants are infants under the age of Twenty one years thereupon the court doth appoint William A. McClain Esquire Guardian Adlitem for each and all of said infant defendants And the said William A. McClain being in court consents to act as such Guardian Adlitem and files answer for said minor defendants and all parties being ready for trial and neither party requiring a Jury by consent of all parties the

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September Term 1859

cause is submitted to the court upon the petition answers and evidence offered in the cause and the court having heard all the evidence finds that Calvin Waldo late of St. Clair county Missouri departed this life in the month of – 1858 intestate seized and possessed of the following described real estate situate in St. Clair County Missouri To Wit:
The E ½ of SW ¼ & NW qr of SW ¼ of Sec 35 Town 38 R 36 Containing 120 00/100.
E qr & SW ¼ of NE fr ¼ of Section 12 Town 37 R 26 Containing 105 80/100.
SW ¼ of NW fl ¼ of Sec 7 Town 37 R 25 Containing 235 50/100.
NW ¼ of NW qr of Sec 12 Town 37 R 26 Containing 39 26/100.
NE ¼ of NE qr & NW ¼ of NE ¼ Sec 11 Town 37 R 26 Containing 80 00/100.
SW ¼ of NW ¼ of Sec 12 Town 37 R 26 Containing 39 57/100.
NW ¼ of SE frl ¼ of Sec 7 Town 37 R 25 Containing 25 25/100.
SE ¼ of SE ¼ of Sec 34 Town 38 R 26 Containing 40 00/100.
E ½ lot No. 2 NE ¼ of Sec 3 Town 37 R 26 Containing 40 81/100.
SW frl ¼ of Sec 7 Town 37 R 25 Containing 23 33/100.
SE frl ¼ W ¼ of Sec 6 Town 37 R 25 Containing 1 53/100.
NE frl ¼ W ¼ of Sec 7 Town 37 R 25 Containing 5 46/100.
NW ¼ of NE ¼ of Sec 12 Town 37 R 26 Containing 39 31/100.
NW ¼ of NW ¼ of Sec 7 Town 37 R 25 Containing 39 50/100.
E ½ of NW ¼ frl of Sec 7 Town 37 R 25 Containing 70 00/100.
E ½ of NW ¼ of Sec 12 Town 37 R 26 Containing 78 00/100.
SW frl ¼ of Sec 6 Town 37 R 25 Containing 64 00/100.
SE & SW frl ¼ West of Sec 1 Town 37 R 26 Containing 127 68/100.
The whole containing about ten Hundred and thirty five & 86/100 acres, also four lots in the Town of Osceola County And State aforesaid, described as follows to Wit –
Lots No.’s 8, 9, 10 & 11 in Block No. 23.
The Court further finds that Said Calvin Waldo left as his heirs at law Matilda Waldo the plaintiff, who is the widow of Said Calvin Waldo, also three children to Wit. Jedediah Waldo, Mary O. Waldo and Milton O. Waldo, that letters of Administration were granted to Waldo P. Johnson on the Estate of Calvin Waldo on the 24th day of April 1858 and that on the 18th day of July 1859 And before the expiration of fifteen months from the date of said letters the Said plaintiff Matilda Waldo widow of Calvin Waldo dec’d made in writing and filed with the Recorder of St. Clair County Missouri, her election duly acknowledged to take a childs part of the Real Estate of her deceased husband, and that by virtue of said election in writing filed as aforesaid, the Said Matilda Waldo plaintiff And Widow become and is entitled to One undivided fourth part of said

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September Term 1859

Real Estate absolutely, and the Court further finds that Said Children to wit: Jedediah Waldo, Mary O. Waldo & Milton O. Waldo are each entitled to One undivided fourth part of Said real Estate aforesaid.
In Consideration of the premises it is ordered adjudged and decreed by the Court here, that judgment of partition be rendered of the real Estate aforesaid Among and between the parties according to their respective rights as herein before ascertained and that U.L. Sutherland, Aurelius B. Harris and Preston Gordon, be Appointed Commissioners to make partition of the Real Estate above described. Among and between the parties to this proceeding according to their respective rights and interests, as above found and set forth, and if any portion of the Said Real Estate, Cannot be partitioned, report Said fact to the Court and Said Commissioners will make part of their proceedings to this Court.

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

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September Term 1859

Wednesday morning September 7th 1859 Court met pursuant to adjournment Present as on yesterday.

Josiah G. Bristow – Plff
vs
William Burchett – Deft
Appeal from JP
Now at this day comes again into court here the parties by their attorneys and the Jury sworn on yesterday to try the issue in this cause Joined returns into court and afterwards returned the following verdict Towit “we the Jury find for the Defendant. C.G. Browning Foreman” It is therefore considered by the court here that the Said Defendant have and recover against the said Plaintiff (Josiah G. Bristow and John Will his Security for costs in this cause) his costs and charges in this behalf laid out and expended both in this court and the court below And that execution Issue therefor.

Thomas Hollenback – Plff
vs
Benjamin F. Ruark – Deft
Issue on Plea in abatement to dissolve attachment
Now at this day comes the parties by their attorneys and both parties being ready for trial on said plea and thereupon comes a Jury To wit John H. Parks, John Amlin, William Harris, Tillman Thompson, Asahel Gibbons, William F. Evans, William B. Lawler, John B. Cox, William Commons, William C. Rentfro, Thomas Ritchey & Alexander McWilliams Twelve good and lawful men elected and duly Sworn to well and truly try the Issue in Said Plea Joined who after hearing the evidence returned into court here the following verdict To wit (over)

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September Term 1859

“we the Jury find the Issue for the Plaintiff. Alexander McWilliams Foreman”
It is therefore considered by the court that the said cause proceed under said petition and attachment and that the Said Defendant answer said plaintiffs petition. And that Said Plaintiff have and recover against the said defendant his costs and charges in this behalf laid out and expended in and about the said Plea and that execution Issue therefor.

Joseph S. Herndon – Plff
vs
Ophelia Herndon, Elizabeth Herndon, Edward T. Herndon & John Herndon – Defts
Petition for Partition
Now at this day comes the Said Plaintiff by his attorney and produces to the court here proof of the publication of the order made by this court at the last term of this court notifying the non resident defendants of the commencement of this action as the law requires in the Osceola Democrat a weekly newspaper published in the Town of Osceola in St. Clair County Missouri And It being Suggested to the court that the Said defendants Ophelia Herndon, Elizabeth Herndon and Edward T. Herndon are minors under the age of twenty one years The court appoints William J. Mayo Guardian Ad litem for said minors and the said William J. Mayo being in court accepts of said appointment and files herein the answer of said minors And the said John Herndon being three times Solemnly called comes not but makes default and by the consent of the Said William J. Mayo Guardian Adlitem for said Minors the court proceeded to hear the evidence offered by Plaintiff whereupon It is considered by the court that plaintiff have intestoutory Judgment for the matters prayed for in his said petition to be rendered final at the next term of this court unless good cause be shown to Set the Same aside and this cause is continued until the next Term of this court.
[Left hand margin is written:] Erroneous entry

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September Term 1859

James C. Woodey – Plff
vs
Samuel H. Martin – Deft
Appeal from JP
Now at this day comes the said parties by their attorneys And by agreement of the parties this Cause is by the Court dismissed each party agreeing to pay one half of the costs in this cause incurred in the Justices court and each party to pay the costs attending the appeal and proceedings in said cause by him incurred in this court it is therefore considered by the court that this cause be dismissed and that the Said Plaintiff and Defendant respectively have and recover each against the other their costs and charges laid out and expended as by agreement as aforesaid and that each have execution against the other therefor.

Daniel B. Kidd & Mary Kidd – Plffs
vs
Lucy Ledbetter – Deft
Civil action
Now at this day comes the Said Parties by their Attorneys and by agreement of the parties It is ordered by the court that the said Defendant be granted leave to file her answer to said Plaintiffs petition in vacation of this court ninety days before the first day of the next term of this Court.

Waldo P. Johnson & Matilda Waldo – Plffs
vs
Jedediah Waldo, Mary O. Waldo & Milton O. Waldo – Defts
Civil action for sale of real estate & division of proceeds
Now at this day comes the said Plaintiffs by their attorney And Suggests to the court here that each and all of said defendants are minors under the age of twenty one years whereupon the court

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September Term 1859

Appoints William A. McClain Guardian Adlitem for said minor defendants And the said William A. McClain being in court here Accepts of said appointment and files herein the answer of Said minor defendants.

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

Thursday morning September 8th 1859 Court met pursuant to adjournment Present as on yesterday.

Joseph S. Herndon – Plff
vs
Ophelia Herndon, Elizabeth Herndon, Edward T. Herndon and John Herndon – Defts
Petition for partition
Now at this day comes the said plaintiff by his attorney and suggests to the court that the Said Defendant Ophelia Herndon, Elizabeth Herndon and Edward T. Herndon are each and all minors under the age of twenty one years Whereupon the court here appoints William J. Mayo Guardian Adlitem for all of said minor defendants. And the said William J. Mayo being in court Accepts of said appointment and files herein the answer of said minor defendants.

Daniel B. Kidd & Mary Kidd – Plffs
vs
Lucy Ledbetter – Deft
Civil action
Now at this day comes the said parties by their attorneys and by agreement of the parties this cause is by the court dismissed at the said defendants costs.

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September Term 1859

It is therefore considered by the court that the Said Plaintiff have and recover against the Said defendant his costs and charges in this behalf laid out And expended And that execution Issue therefor.

Hammon Miller – Plff
vs
Thomas C. Bradley – Deft
Appeal from Justices court
Now at this day comes the said parties by their attorneys And the said Defendant files herein his Plea in abatement. Which said plea is by the court overruled. And thereupon both parties being ready for trial comes a Jury Towit John M. Elkins, Clifton G. Browning, Alston Phillips, William F. Evans, Tillman Thompson and William Nichols six good and lawful men elected and duly sworn o well and truly try the Issue in this cause Joined who after hearing the evidence returned into court here the following verdict Towit “we the Jury find for the plaintiff $9.00 damages. C.G. Browning foreman” It is therefore Considered by the Court that the said Plaintiff have and recover against the said Defendant Thomas C. Bradley and James Todd and John Bond the said sum of nine dollars for his damages so assessed by the Jury as aforesaid together with his costs and charges in this behalf laid out and expended in the court and the court below And that execution Issue therefor.

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September Term 1859

William L. Vaughan & Waldo P. Johnson – Plffs
vs
Charles H. Yeater – Deft
Civil action
Now at this day comes the said parties by their attorneys And by agreement of the parties It is ordered by the court that this cause be dismissed at the said Defendants costs. It is therefore considered by the court that the said Plaintiffs have and recover against the said defendant their costs and charges in this behalf laid out and expended and that execution Issue therefor.

For good cause to the court here shown It is ordered by the court that Simeon C. Bruce Foreman of the Grand Jury be excused from further Service as a juror at this term of this court and that William W. Ritchey another member of said Grand Jury be and he is by the court appointed foreman of said Grand Jury and he having been sworn in as such returned to the Jury room And thereupon Joseph H. Green was duly sworn in as a grand juror.

Thomas Holenback – Plff
vs
Benjamin F. Ruark – deft
Civil action & attachment
Now at this day comes again the parties by their attorneys and the Said defendant by leave of the court files herein his answer to said plaintiffs petition And also files herein his offer in writing proposing to let said plaintiff take Judgment against him for the Sum of one hundred and thirty six dollars with interest at the rate of six per cent per annum from the 10th day of May 1858 And thereupon the Said Plaintiff by his attorney files herein his replication to said offer and declining to accept the same And thereupon IT is agreed by the parties in court

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September Term 1859

Here that Judgment be rendered in favor of said plaintiff and against Said defendant for the Sum of one hundred and fifty dollars and costs It is therefore considered by the court here that the Said Plaintiff have and recover against the said defendant the said sum of $150 for his debt so agreed upon by the parties as aforesaid together with the Sum of Eight Dollars allowed by the Court to Robert P. Cocke Sheriff of St. Clair County for his trouble and expense in Keeping the property attached and that execution Issue therefor.

William Duckworth – Plff
vs
Jesse Looney – 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 Towit Asahel Gibbons, Isaac N. Cassity, William B. Lawler, John H. Parks, James Dudley and William Harris six good and lawful men elected and duly sworn to well and truly try the Issue in this cause Joined And after hearing the evidence the said plaintiff took a non suit in this cause and thereupon the Jury was by the court discharged It is therefore considered by the court that the said defendant have and recover against the said plaintiff his costs and charges in this behalf laid out and expended in this court and the court below and that execution Issue therefor.

It is ordered by the court that all pleadings be filed in this court during the present term by 9 oclock tomorrow morning.

Thomas Ritchey and Rachel Ritchey
vs
James Phillips, Isaac Phillips, Isaac D. Jondro, Joseph Wilsey & Ellen Wilsey, Edward Harper & Nancy Harper, Wm. Brannon & Jane Brannon
Petition for Partition

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September Term 1859

Now at this day comes the said Plaintiffs by their attorney and It being suggested to the court that Isaac D. Jondro one of said defendants is a minor under the age of twenty one years the court appoints William A. McClain Guardian Adlitem for said minor defendants And the said William A. McClain being in court here accepts said appointment And files herein the answer of said minor defendant.

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

Friday morning September 9th 1859 Court met pursuant to adjournment Present as on yesterday.

Alexis Wamsley circuit attorney protem being absent and Thomas W. Freeman cir attorney still being absent The court appoints William J. Mayo circuit attorney protem.

Columbus Hahn & Gilly P. Hahn – Plffs
vs
Peter Brown, Andrew Brown & others
Civil action to obtain title to real estate
Now at this day comes William Brown one of said Defendants by his attorney and by leave of the court files herein his separate answer to said Plaintiffs petition.

The Merchants Bank of St. Louis - Plff
vs
Jeptha T. Bailey & Richard Crenshaw – Defts
Civil action on note at 6 per cent Interest
Now at this day comes the said plaintiff by her attorney And it appearing from the return of the Sheriff

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September Term 1859

of St. Clair County that the said defendants had each and all 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 said plaintiffs petition and the time for filing pleadings having expired whereby the said action remains against the said defendants undefended And the Said defendants being severally three times Solemnly called comes not but make default wherefore Judgment ought to be rendered for the want of answer And the court here doth find that the said defendants are Justly indebted to the said plaintiff in the sum of one hundred and two dollars and Thirty cents on said note & Interest It is therefore considered by the Court that the said Plaintiff have and recover against the said defendants the said sum of $102.30 for her debt so found by the court as aforesaid together with her costs in this behalf laid out and expended and that execution Issue therefor.

Stephen S. Shrader, Richard P. Evans & Addison P. Evans – Plffs
vs
William J. Burnett – Deft
On Note at 10 per cent Civil Action
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 15 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 expired whereby the said action remains against the said defendant undefended

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September Term 1859

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 ninety Seven dollars and ninety one 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 ($397.91) for their debt So found due by the court as aforesaid together with their costs in this behalf and that execution Issue therefor.

Thomas E. Aiken and Paulina Aiken – Plffs
against
John M. Copenhaver, James H. Copenhaver and Monnesing N. Copenhaver – Defts
Civil Action for partition and Sale of Real Estate
Now at this day comes again the plaintiffs by their attorney, and it appearing to the court here by the return of the Sheriff of St. Clair county Missouri that each of Said Defendants has been duly Served with process in this case more than twenty days before the first day of this Term of this Court and it being Suggested to the Court here that each and all of Said Defendants are infants under the age of twenty one years And there upon the court doth appoint William A. McClain Guardian ad litem for each and all of Said infant Defendants and the said William A. McClain being present in Court here consents to act and files the answer of each and all Said Defendants they being infants as aforesaid, and all parties being ready for trial and neither party requiring a Jury, the cause by consent is Submitted to the court upon the petition answer and evidence offered in the cause and the court having heard the evidence doth find that in the Month of September 1848 Abraham Copenhaver late of St. Clair County Mo., departed this life intestate, Seized and possessed of the following described real estate Situated in St. Clair county Missouri to wit “The West half

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September Term 1859

of the South West quarter and the North East quarter of the South West quarter of Section No. 25 Township No. 39 of Range No. 24 the whole containing 120 acres of land, that Said Abraham Copenhaver Dec’d left as his heirs at law Samantha Copenhaver his widow, who is & was entitled to one third of Said real estate for and during her natural life, also Left four children to wit: Paulina Copenhaver who has intermarried with Thomas Aiken, both of whom are plaintiffs to this Suit and John M. Copenhaver, James M. Copenhaver and Niscuning N. Copenhaver each of whom are entitledl to one undivided fourth part of Said real estate Subject to the dower of the widow aforesaid. The court further finds that by judgment and decree of the circuit court of St. Clair county that dower has been assigned to Said widow in the lands above described and that the North East quarter of the South West quarter of Section No. 23 Town 37 of Range No. 24 has been assigned to her for and during her natural life The court further finds that from the number of owners and the nature and quantity of the real estate, that the land could nto be divided among and between the owners, according to their respective rights and interest without great prejudice to them In consideration of the premises it is ordered adjudged, and decreed by the Court here, that Judgment of partition be of the real estate aforesaid among and between the parties to this Suit according to their respective rights, and interest as above ascertained and Set forth, and from the number of owners and nature and quantity of the real estate the court being Satisfied that said real estate cannot be divided without great prejudice to the owners it is ordered by the court here That the Sheriff of St. Clair County Missouri proceed to Sell Said real estate according to law requiring one fifth of the purchase money cash in hand and the remainder on a credit of twelve months requiring Same with approved Security and that when the money is collected and all costs and expenses of this proceeding paid, the remainder to be paid out according to the Judgment of petition It is further ordered that Waldo P. Johnson and Dewitt C. Ballou be allowed the Sum of Twenty Dollars for their Services as plaintiffs attorneys in this case to be taxed and paid as other costs.

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September Term 1859

William H.H. Davis – Plff
vs
William F. Barnett executor of the last will and testament of Simson McGaughey Dec’d and William H. Barnett – Defts
Civil Action on Note at 10 per cent Interest
Now at this day comes the 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 twenty 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 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 assessed and 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 thousand Seven hundred and twenty one Dollars and Eighty one 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 $1721.81/100 Dollars for his Debt So found by the court as aforesaid together with his costs in this behalf and that execution Issue therefore.

William H.H. Davis and America Davis – Plffs
Vs
William J. Barnett Executor of the last will and testament of Simson McGaughey Dec’d and William H. Bennett – Defts
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 defendants had been duly Served with process in this cause by copy more than twenty Days before the first day

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September Term 1859

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 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 defendants being three times Solemnly called come not but makes default, whereupon Judgment ought to be rendered for want of answer And the court here doth find that Said defendants is Justly indebted to the Said plaintiffs in the Sum of Six Hundred and two Dollars and Seventy cents on Said note and interest due thereon, It is therefore considered by the court that Said plaintiffs have and recover against the Said Defendants the Said Sum of $602.70 for their Debt So found due by the court as aforesaid together with their costs in this behalf and that execution Issue therefore.

Wesley Greenfield & Asom B. Hudson and Newton L. Greenfield – Plffs
Vs
Shannon Webster – Defendant
Civil action and attachment
Now at this day comes the Said plaintiffs, by their attorney, and it appearing by the affidavit filed with plaintiffs petition that the defendant is a non resident of the State of Missouri. 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 Shannon Webster, the before named defendant: 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 secure Judgment against You on account of a Bill of Custody by you Sold and Delivered to plaintiff for the Sum of Seven Hundred and fifteen dollars with interest thereon from the 27th day of November 1853 at ten per cent per annum, and for the further Sum of Seventy one Dollars and fifty Cents for damages for said amount of the Same. There

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September Term 1859

Fore property has been attached, 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 fifth day of March next, and on or before the third day thereof, of Said term that so long continue and if not then before the end of the term, answer or plead to Said plaintiffs petition the same will be taken as confessed, and judgment rendered against you and same 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.

The grand Jury returns into court and by their foreman in presence of the whole body of Grand Jurors returned the following Bills of Indictment to wit:

State of Missouri vs William Cornell & Thomas Jonce
Indictment for disturbing religious Worship

State of Missouri vs John C. Looney
Indictment for failing to Keep road in repair

State of Missouri vs John Collins & Elisha Scott
Indictment for playing cards on Sunday

and having no further business before them were by the court discharged.

On motion of the circuit Attorney It is ordered by the court that capias writs be Issued on all Indictments returned this term of this court.

Thomas H. Estus
against
William J. Barnett Executor of the last will and testament of Simpson McGaughey Dec’d & William P. Barnett
On petition to foreclose Mortgage

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September Term 1859

Now at this day comes again here into court Said plaintiff by his attorney and asks leave of the court here to file his amended petition and to him leave is granted and thereupon Said plaintiff filed the Same in Court here, and the Said William J. Burnett as executor of the last will and testament of Simpson McGaughey deceased and William J. Burnett being three times Solemnly Called make default, and it appearing to the court here that Said defendants have been duly Served with process more than fifteen days before the first day of the present term of this Court, and Said defendants having failed to appear and file any answer to Said cause of execution in Said petition Set forth about Said action remains undefended and the premises being Seen and heard and fully understood by the court it is Considered by the court that Said plaintiff recover against Said defendants for the matters complained of by Said plaintiff in his Said petition, and the court here not being advised what damage is to assess it is ordered by the court that the cause be continued until the next term of this court of which to the damages Shall be inquired of and unless Said defendants appear at the next term of this court and show good cause Said Judgment will then be made absolute and final.

State of Missouri
vs
Thomas A. Peebly
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 as principal and Daniel P. Morgan and George Hall as his Securities and acknowledge themselves to owe and Stand indebted to the State of Missouri in the Sum of five Hundred Dollars to be levied of their respective Goods and Chattels lands and tenements to be void upon Condition that the Said Thomas A. Peebly Shall make his personal appearance before the Judge of

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September Term 1859

this court at the court house in the Town of Osceola on the first day of the next term of Said court which commences on the first Monday, in March 1860 to answer an indictment pending in Said Court against him for an assault with intent to Kill and abide the decision of the court and not depart without leave of the court.

Joseph S. Herndon – Plff
Against
Ophelia Herndon, Elizabeth Herndon, Edward T. Herndon & John Herndon – Defendants
Petition for partition & Sale of Real Estate
Now at this day comes here into court the Said plaintiffs by his attorney and proved to the court here that the order of the court heretofore made that the above named defendants Ophelia Herndon, Elizabeth Herndon, Edward T. Herndon and John Herndon be notified of the commencement of this action and the general nature thereof has been published in the Osceola Democrat a newspaper Published in Said county more than four weeks and that the last insertion has been more than four weeks before the first day of the present term of this court that unless they Should be and appear before the Judge of Said St. Clair circuit court at the court house in the Town of Osceola in Said county at the term of Said court to be begun and held on Monday the fifth day of September AD 1859 and plead answer or demur to the petition the Same should be taken as confessed and Said defendants being three times Solemnly called failed to appear and make default and it being Suggested to the court that the Said Ophelia Herndon, Elizabeth Herndon and Edward T. Herndon are minors and within the age of twenty one years, thereupon William T. Mayo Esquire an attorney of the court here was by the court here appointed guardian ad litem for Said minors and being in court here consented to act as Such and having filed the answer of Said Minors and being in court here consented that the court Should hear the Evidence Set forth in the allegations in Said Petition at

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September Term 1859

the present term of this court and the court here by the consent of Said guardian having heard the petition and evidence and the proof in this cause, and the Same being Seen and fully understood by the court here the court doth find that about the year 1853, one George T. Herndon departed this life intestate and deed Seized and the owner of the following described tract of land lying and being in the county of St. Clair in the State of Missouri to wit: the East half of the South West quarter of Section No. thirty three Township thirty nine Range No. twenty Seven also the East half of lot No. two in the North West quarter of Section No. four of Township thirty Eight of Range twenty Four, also the North East quarter of the South East quarter of Section No. Eight in Township No. thirty Eight of Range No. twenty Seven and the court here doth further find that the Said George T. Herndon Dec’d at the time of his death left the following persons his heirs to wit John Herndon his father, Mary Herndon his mother, Joseph Herndon (who is Said plff), James M. Herndon, William T. Herndon, Nancy C. Herndon, Edward T. Herndon, and John Herndon Jr. who are the brothers of the Said George Deceased who are entitled to one thirteenth Each of Said real Estate (and the Said George who left as his heirs Sally Herndon now wife of George H___ the Said Sally being a Sister of the) Said George deceased also Mary Jane Herndon now wife of J.R. Remington the Said Mary Jane being also a Sister of the Said George deceased, also Elisabeth Herndon now wife of John McClouse the Said Elisabeth being also a Sister of the Said George deceased, also Ann Patterson now wife of James E. Patterson, the Said Ann being the daughter of Ann T. Herndon deceased who had intermarried with Joseph Sloss the Said Ann T. Herndon being also a Sister of the Said George deceased, also Ophelia Herndon and Elisabeth Herndon two of the above mentioned defendants being the children of Benjamin Herndon deceased who was a brother of the Said George Herndon deceased The Said Ophelia and Elisabeth children of the Said deceased being Jointly entitled to one

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September Term 1859

thirteenth of Said real Estate and the court here doth further find that Said plaintiffs has purchased and at the time of the Commencement of this Suit was the owners of all of the Shares in Said Estate with the Exception of the one thirteenth belonging to the Said Ophelia and Elisabeth children of the Said Benjamin and the Share of the Said Edward T. Herndon who is also one of Said defendants, and also the Share of the Said John Herndon Jr. who is also one of Said defendants, the Share of the Said Edward T. and John Jr. being one thirteenth each the entire Share belonging to Said plaintiff being ten thirteenths and the court here doth further find that there are no other heirs of the Said George Deceased and that on account of the number of the owners of Said Real Estate and the amount of the Same a division in Kind cannot be made without great prejudice to Said owners therefore In Consideration of the premises the court here doth render a judgment by default as to Defts Edward T. & John Jr. & order adjudge and decree that partition of Said real Estate, be made among and between Said plaintiffs and defendants according to their respective rights and Interests as herein before found and ascertained, and that a Sale of the whole thereof be made by the Sheriff of Said county according to law one half of the purchase money to be for cash in hand and the residue on a credit of one year, and that after paying the costs and Expenses of this Suit and the remainder of the residue be divided and paid to the plaintiff and defendants according to their respective Shares as herein before adjudged, and that an attorneys fee be allowed to Johnson and Ballou and McClain to the amount of Thirty Dollars and that the Same be paid as other Costs, and that unless the said Edward T. Herndon and John Herndon Jr. the above named defendants appear at the next term of this court and Show good cause to the court on the Judgment of this aforesaid Suit will then be made final and absolute.

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September Term 1859

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.

Richard Crenshaw – Plff
vs
James Rentfro – 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.

James Rentfro – Plff
vs
Richard Crenshaw – deft
Civil action
Now at this day comes the parties by their attorneys And by agreement of the parties the said Defendant is granted leave to file his answer to said plaintiffs petition the first day of the next term of this court and that the said next term be the trial term of said cause.

Samuel Waldo – Plff
vs
Margaret Waldo – Deft
Petition for divorce
Now at this day comes the Said plaintiff by his attorney and says he will not further prosecute this said suit against the said defendant but dismisses the same It is therefore considered by the court that this cause be dismissed at Said plaintiffs costs, and that the said Defendant have and recover against the said plaintiff, her costs in this behalf laid out and expended And that Execution Issue therefor.

Now at this day comes the circuit attorney who prosecutes for the State of Missouri and produces to the court here the recognizance

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September Term 1859

of Thomas Dudley, Frances Dudley and Israel Wilson by them entered into and acknowledged before Arthur Kirkpatrick a justice of the peace within and for the county of St. Clair and State of Missouri on the 29th day of July 1859 conditioned for their appearance at this court on the first day of this Term to testify of their Knowledge touching the death of George A. Price and not depart without leave of this court And all of said witnesses having failed to appear and being Severally three times solemnly called comes not but make default It is therefore ordered by the court that attachments be Issued for said witnesses directed to the Sheriff of the proper county returnable to the next term of this court.

Daniel P. Morgan – Plff
vs
Spencer J. ball and Joseph Norton
Civil action
Now at this day comes the Said Plaintiff by his attorney And by leave of the court files herein his Amended petition in Said cause making nine parties defendants To wit Josiah P. Norton and James L. Bissell And on motion of Said plaintiff. It is ordered by the court that an alias writ of Summon be Issued in said cause against the two last named defendants directed to the Sheriff of St. Clair county Mo. returnable to the next term of this court And this cause is continued until the next term of this court.

William Bright
vs
Thomas Walton and Elisabeth Walton his wife and Henry Boatman – Deft
Civil Action and petition to foreclose Mortgage
Now at this day comes the Said plaintiff by his attorney And the Said defendants being three times Solemnly called come not but makes default and it appearing to the court here from the return of the Sheriff of St. Clair County Mo. 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

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September Term 1859

this court, and there being no answer filed to Said plaintiffs petition whereby Said action remains against the Said defendants undefended, 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 defendants for the amount complained of by Said plaintiff in his Said petition. And It ordered by the court that this cause be continued until the next term of this court at which time damages Shall be required of and unless the Said defendants appear at the next term of this court and Show good cause to the contrary Said Judgment will then be made absolute and final.

Rachel J. Rice – Plff
vs
William Gardner – Deft
Civil action for damages
Now at this day comes the Said Plaintiff by her attorney. And the Said Defendant 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 Mo. that Said defendant 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 to Said plaintiffs petition whereby Said action remains against the Said defendant undefended 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 matter complained of by Said plaintiff in her 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 damages Shall be required of and unless the Said defendant appear at the next term of this court and Show good cause to the contrary Said Judgment will then be made absolute and final.

Thomas Ritchey and Rachel Ritchey – Plffs
Against
James Phillips, Isaac

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September Term 1859

Phillips, Isaac D. Landre, Joseph Whitley & Ellen Wilsey, Edward Harper and Nancy Harper, William Branner and Jane Brannon – Defendants
Civil action for Partition & Sale of Real Estate
Now at this day comes again the plaintiffs by their attorney and it appearing from the return of the Sheriff of Hickory County Missouri, that Isaac D. Landro has been duly Served with process in this case more than 21 days before the first day of the last term of this court, and it further appearing to the Court here, from the affidavit of W.J. Mayo publisher of the Osceola Independent that the order of publication made by the clerk of the court in vacation notifying all the other Defendants of the commencement of this Suit and the general nature thereof had been duly published in the Osceola Independent a newspaper printed & published in the Town of Osceola County of St. Clair in the State of Missouri for four consecutive weeks the last insertion being more than four weeks before the first day of the last term of this court and it being Suggested to the court here that Isaac D. Landers one of the defendants to this Suit, is a minor under the age of twenty one years without lawful guardian, thereupon the court doth appoint William A. McClain Guardian ad litem for Said infant Defendant, and the Said William A. McClain being in court consents to act, and files the answer of Said infant defendant aforesaid, and all the other defendants being three times Solemnly called came not but make default and the parties being ready for trial and neither party requiring a jury the cause is Submitted to the court upon the petition answer and evidence offered in this cause, and the court having heard the evidence, doth find that Daniel Phillips departed this life intestate in the month of September 1847 Seized and possessed in fee Simple of the following described lands, Situated in St. Clair County Missouri to wit Lot No. one of the South West quarter and North half Lot two of the South West quarter

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September Term 1859

Of Section No. 19 Township No. 37 of Range No. 34 the whole containing 121 acres, that said Daniel Phillips left no widow but left as his heirs at law the following children and grand children to wit two Sons James Phillips and Isaac Phillips & four daughters to wit Rachel intermarried with Thomas Ritchey, Ellen intermarried with Joseph Wilsey, Nancy intermarried with Edward Harper & Jane intermarried with William Brannon, also one grand child to wit Isaac D. Jondus, a Son of a deceased daughter of Said Daniel Phillips dec’d and the court further finds that each of Said two sons four daughters and one grand child are entitled to one undivided Seventh part of Said real estate aforesaid The court further finds that from the nature of the real estate sought to be divided and the number of the owners thereof, that it cannot be divided without great prejudice to the owners In consideration of the premises, it is ordered adjudged and decreed by the court here, that judgment of partition be rendered of the real estate aforesaid among and between the parties to this Suit according to their respective rights as above ascertained and Set forth and upon the nature of the real estate and the number of the owners thereof, the court being Satisfied that Said real estate cannot be divided without great prejudice to the owners it is ordered by the court here that the Sheriff of St. Clair county Missouri proceed to Sell Said land according to law requiring one fifth of the purchase money cash in hand and the remainder on a credit of twelve months requiring Bond with approved Sureties, And that when the money is collected and all costs and expenses of the proceeding paid the remainder to be paid out according to this judgment of petition. It is further ordered that Waldo P. Johnson be allowed the Sum of twenty five Dollars for his Services as plaintiffs attorney in this case to be taxed and paid as other costs.

Matilda Waldo – Plff
vs
Jedediah Waldo, Mary O. Waldo & Milton O. Waldo – Defts
Petition for partition & Commissioners Report
Now at this day comes again the said Plaintiff by her attorney and

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September Term 1859

And Uriah L. Sutherland & Aurelius B. Harris and Preston Gordon, the commissioners appointed by the court to make partition and division of the real estate belonging to the above named parties as heirs of Calvin Waldo Deceased according to their respective right and interest therein comes into court here and presents to the court their report of their proceedings touching the partition and division of Said Real Estate And it appearing to the court here that Said commissioners have made Said partition, and division according to law and there being no objections offered to said Report or good cause Shown to Set the Same aside and Said report having been acknowledged and certified as the law requires. It is therefore considered by the court that Said report be and the Same is by the court approved and ordered to be filed and recorded herein which is as follows to wit:
State of Missouri
County of St. Clair ss
We the undersigned Aurelius B. Harris, Preston Gordon and Uriah L. Sutherland having been appointed by the circuit court of Said County, commissioners to make Partition of the real estate which belongs to the Estate of Calvin Waldo deceased late of Said county to the heirs at law of Said Estate, according to the interest of Each heir or legatee as Set forth in the decree of Said court for partition on Said estate, being duly Sworn depose and Say upon oath that we will honestly and impartially execute the trust reposed in us, according to our knowledge and ability.
U.L. Sutherland
A.B. Harris
Preston Gordon
Commissioners
Subscribed and Sworn to before me this 6th day of September 1859.
Lewis Metcalf JP
We the undersigned commissioners having been appointed to the circuit court of St. Clair County in the State of Missouri at the September term 1859 of Said court to make partition of the real estate belonging to the Estate of Calvin Waldo deceased according to the interest of Each heir at law or legatee as Set forth in the decree

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September Term 1859

of Said Court, respectfully report that in the execution of the trust reposed in us we have made partition to each heir at law or legatee as follows to wit:

To Mary O. Waldo

To Jedediah Waldo

To Milton O. Waldo

To Matilda Waldo – widow of Calvin Waldo

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September Term 1859

All of which is respectfully Submitted. Given under our hands and Seals this 9 day of September 1859.
A.B. Harris [seal]
Preston Gordon [seal]
Uriah L. Sutherland [seal]
Commissioners
Commissioners fee $7.50 Each $23.00
State of Missouri
County of St. Clair ss
Be it remembered that Aurelius B. Harris, Preston Gordon, Uriah L. Sutherland, who are personally Known to the under Signed clerk of the circuit court of Said County to be the persons whose names are Subscribed to the within report as commissioners this day approved before me and acknowledged that they Executed and delivered the Same as their voluntary act and deed for the uses and Purposes therein contained.
In testimony Whereof I hereunto Subscribe my name and affix the Seal of Said court at office in Osceola this 9th day of September AD 1859
James W. Beck clerk
And it is further ordered adjudged and Decreed by the court here that Said partition be firm and effectual forever And It is further ordered by the court that Waldo P. Johnson & DeWitt C. Ballou attorneys at law be allowed the Sum of Seventy five dollars as attorneys fee for their services to be taxed and paid as other costs in Said cause.

The County of St. Clair for the use of the Common School fund of Said county – Plff
vs
Lewis W. Sifford, John Sifford, William R. Madeira, Aurelius B. Harris, Marcellus J. Harris & Uriah L. Sutherland
Execution & Sheriffs Deed
Be it remembered that on this day in open court here personally appeared Robert P. Cocke Sheriff of

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September Term 1859

Him executed conveying to John Sifford all the right title interest and claim of the said defendants Lewis W. Sifford, John Sifford and William R. Madeira of in and to the following described real estate Situated in the County of St. Clair and State of Missouri To Wit: Sold by him as Sheriff by virtue of said execution

Making in all 3688 74/100 And then and there in

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September Term 1859

Open Court acknowledged the Same to be his Act and deed as Such Sheriff for the uses and purposes therein contained.

Sarah Allinson, William Allinson, John Allinson, Nancy Allinson & her husband John Allinson – Plffs
vs
Mark Allinson, Frances Allinson, George Allinson, Sarah Allinson Jr., James Allinson & Mary Allinson
Petition for Partition & Sheriffs Report
Now at this day comes Daniel P. Morgan late Sheriff of St. Clair county Mo. and presents to the court here his report of the Sale of the real Estate belonging to the above named parties by him Sold for partition by order of this court, and also a Statement of the costs and expenses paid and incurred in Said cause amounting to the Sum of $44.45 which are by the court ordered to be filed.

Sarah Allinson, William Allinson, John Allinson, Nancy Allinson & her husband John Allinson – Plffs
vs
Mark Allinson, Frances Allinson, George Allinson, Sarah Allinson Jr., James Allinson & Mary Allinson – Deft
Petition & Sheriffs Deed
Be it remembered that on this day in open court here personally appeared [space] Sheriff of St. Clair County Mo. and exhibits to the court a deed by him executed as Sheriff as aforesaid conveying to Sarah Allinson all the right, title, interest, claim, Estate, and property of the above named parties, of in and to the following described tracts or parcels of land Situated in the county of St. Clair and State of Missouri To wit
The N ½ NE qr Sec (32) Town (39) of Range (27) containing 80 Acres. Sold by him as Sheriff by virtue of [space] And then and there in open court acknowledged the Same to be his act and deed as

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September Term 1859

Such Sheriff for the uses and purposes therein contained.

William L. Vaughan & Waldo P. Johnson – Plffs
vs
Pleasant Roberts – Deft
Execution & Sheriffs Deed
Be it remembered that on this day in open court here personally appeared Robert P. Cocke Sheriff of St. Clair County Mo. and exhibits to the court a deed by him executed as Sheriff as aforesaid conveying to Lafayette F. Willingham all the right, title, interest, claim, Estate, and property of the Said defendant, of in, and to the following described tracts or parcels of land Situated in the county of St. Clair and State of Missouri To wit:
The SW qr & W ½ NW Section (9) Town (36) of Range 28 Containing 240 Acres Sold by him as Sheriff by virtue of Said Execution 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.

B.O. Hademeyer – Plff
vs
Merrit H. Cove – Deft
Execution & Sheriffs Deed

A. Masters – Plff
vs
Merrit H. Cove – Deft
Execution & Sheriffs Deed
Be it remembered that on this day in open court here personally appeared Robert P. Cocke Sheriff of St. Clair county Mo., and exhibits to the court a deed by him executed as Sheriff as aforesaid conveying to Waldo P. Johnson all the right, title, interest, claim, Estate and property of the Said defendant, of in, and to the following described tracts or parcels of land Situated in the county of St. Clair and State of Missouri To wit:
The E ½ of the NE qr of Sec. (7) Town (36) Range (23) Containing 80 Acres. Sold by him as Sheriff by virtue of Said execution And then and there in Open court acknowledged the Same to be his Act and deed as Such Sheriff for the uses and purposes therein contained.

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September Term 1859

William L. Vaughan & Waldo P. Johnson – Plffs
vs
Nathaniel N. Ramsey – Deft
Execution & Sheriffs Deed
Be it remembered that on this day in open court here personally appeared Robert P. Cocke Sheriff of St. Clair County Mo. and exhibits to the court a deed by him executed as Sheriff as aforesaid Conveying to William L. Vaughan & Waldo P. Johnson all the right, title, interest, claim, Estate, and property of the Said defendant of, in, and to the following described tracts or parcels of land Situated in the county of St. Clair and State of Missouri To wit:
The W ½ NW qr Sec (22) Town (37) Range (27) Containing 80 acres. Sold by him as Sheriff by virtue of Said Execution. 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.

Hannah Howard, Andrew McCasland & Mary McCasland, Richard W. Edwards, Hannah T. Edwards, George W. Shull & Lydia A.E. Shull – Plffs
vs
Elizabeth Wolf, Joseph Howard, Ben F. Harris, John Howard Jr., George F. Howard, William H. Howard, Mary Howard, George W. Doss Jr., Seth B. Doss, William Harris & Anna Harris – Defts
Petition for partition & Sheriffs Report
Now at this day comes Robert P. Cocke Sheriff of St. Clair County Mo., and presents to the court here his report of the Sale of the real Estate belonging to the above named parties by him Sold for partition by order of circuit court, And also a Statement of the costs and expenses paid and incurred in Said cause amounting to the sum of [space] which are by the court ordered to be filed.

Hannah Howard, Andrew McCasland, Mary McCasland, Richard H. Edwards, Hannah P. Edwards

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September Term 1859

George W. Shull & Lydia A.E. Shull – Plffs
vs
Elizabeth Wolf, Joseph Howard & John F. Harris, John Howard Jr., George F. Howard, William H. Howard, Mary Howard, George W. Doss & Seth B. Doss, William Harris & Orena Harris – Deft
Petition & Sheriffs Deed
Be it remembered that on this day in open court here personally appeared Robert P. Cocke Sheriff of St. Clair County Mo. and exhibits to the court a deed by him granted as Sheriff as aforesaid conveying to Waldo P. Johnson all the right, title, interest, claim, Estate and property of the above named parties, of in and to the following described tract or parcels of land Situated in the county of St. Clair and State of Missouri To Wit:
The W ½ SW fl qr (SCR) in Sec (31) Town (39) Range 24 Containing 63.30 Acres Sold by him as Sheriff by virtue of said execution upon a decree and judgment by the Benton County Court 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.

Cornelius Haywood, Phillips Crow & John T. Talbott – Plff
vs
David S. Corbin & Talton T. Barnes – 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 Mo. and exhibits to the court a deed by him executed as Sheriff as aforesaid conveying to Waldo P. Johnson all the right, title, interest, claim, Estate and property of the Said defendants David S. Corbin of, in, and to the following described tract or parcels of land Situated in the county of St. Clair and State of Missouri to wit:
The Lots No. 2, 3 & 12 in Block No. (32) in the Town of Osceola Sold by him as Sheriff by virtue of Said execution And then and there in open court acknowledged the Same to be his act and deed as Such Sheriff to the uses and purposes therein contained.

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September Term 1859

William B. Martin & Charles C. Martin – Plffs
vs
Silas N. Holloway
Execution & Sheriffs Deed
Be it remembered that on this day in open court here personally appeared Robert P. Cocke Sheriff of St. Clair County Mo, and exhibits to the court a deed by him executed as Sheriff as aforesaid conveying to Waldo P. Johnson all the right, title, interest, claim Estate and property of the Said defendant, of, in, and to the following described tracts or parcels of land Situated in the county of St. Clair and State of Missouri To Wit:
Lots No. 3 & 4 of the N ½ qr of Sec No. (1) in Town No. (39) of Range No. (27) and also the W ½ of the NE ¼ and the NE ¼ of the NE ¼ of Sec. No. 18 and the NW ¼ of the NW ¼ of Sec. No. 17 in Town No. (39) of Range No. (26) Containing 323 57/100 Acres Sold by him as Sheriff by virtue of Said execution, And then and there in open court acknowledged the Same to be his act and deed as Such Sheriff to the uses and purposes therein contained.

Waldo P. Johnson and Matilda Waldo- Plffs
against
Jedediah Waldo, Mary O. Waldo, and Milton O. Waldo – Defts
Civil action for Sale of Real Estate and division of Proceeds
Now at this day again comes the plaintiffs by their attorneys and it appearing from the return of the sheriff of St. Clair County Missouri that Each and all of said defendants has been duly Served with process in this case more than fifteen days before the first day of this term of this court, and it being suggested to the court here, that each and all of said defendants were infants under the age of twenty one years, therefore the court doth appoint William A. McClain Guardian ad litem for each and all of Said Defendants infants as aforesaid and the said William A. McClain consents to act and files answer for Jedediah Waldo, Mary O. Waldo, and Milton O. Waldo being all of said infants defendants and all parties being ready for trial and no party requiring a Jury by the consent of all parties the cause is submitted to the court, upon the petition

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September Term 1859

answers and evidence offered in the cause, and after hearing the evidence the court here doth find, that some time in the early part of the year 1857, an agreement was endorsed in to by and between David Waldo and Calvin Waldo for the purpose of purchasing and Selling lands in south western part of Missouri, that by the terms of Said agreement David Waldo was to furnish cash & Land Warrants, the latter to be estimated at their cash cost. Calvin Waldo on his part was to select the lands enter with money or locate land accounts thereon, and keep a Strict account of all expenses of their Kind, that David Waldo was upon the sale of the land to received all he advanced for the purpose aforesaid with interest at the sale of ten per cent per annum, and Calvin Waldo was to received all he advanced whether in money, various expenses or any other way with ten per cent interest per annum, that the surplus if any was to be equally divided between them. The court doth further find that from time to time, between the 1st day of April 1857 and the first day of September 1857, David Waldo furnished said Calvin Waldo Land Warrants and money of the value of nineteen Hundred and ninety Eight Dollars and ten cents, that between the 20th day of May 1857 and the 9th January 1858, said Calvin Waldo under said agreement entered land with money and located land warrants upon land, until the lands purchased for himself and David Waldo amounted to Eighteen Hundred and Thirty five & 48/100 and a portion of which land was entered in the name of Calvin Waldo a portion in the name of David & Calvin Waldo and a third portion in the name of Calvin Waldo but all for the purpose of sale and the profits for their joint use and benefit, after deducting cost interest and expenses. The court doth further find that the following is a true list and description of the lands entered under the agreement aforesaid, to wit:
in the name of Calvin Waldo Sect. No. two of North West qr of Section No. three and East frl half of the NE ¼ (RBOB) of Section No. 11 Township No. 37 of Range No. 26 containing 169.49/100 acres and the W ½ Sect. No. 1 of NE ¼ and Lot No. 1 and E ¼ of Lot No. 2 of NW ¼ of Section No. 6 Town 36 of Range No. 26 containing 168 75/100 acres and E ½ & SW qr of SW qr of Section No. 29 Town 31 of Range No. 26 containing 620 Acres and in the Name of Calvin & David Waldo the W ¼ Sect. of NE ¼ of Sect. No. 3 Town No. 37 West half & NE ¼ of SE ¼ of Section No. 34 Town [corner torn]

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September Term 1859

of Range 26 containing 126 79/100 Acres and Lot No. 1 of SW ¼ of Section 6 Town 36 of Range 36 containing 88 20/100 Acres and SW ¼ of SW ¼ of Sect. SE ¼ of SE ¼ of Section No. 2 and NE ¼ of SE ¼ of N ¼ and NW of NW of Sect. 12 all in Township 36 of Range No. 27 and containing 160 acres W ¼ Lot 1 of NW ¼ of Sec. 1 and E ¼ Lot 1 & 2 of NE ¼ SW 2 in Township 36 of Range 27 containing 123 36/100 acres E ¼ Lot No. 2 of NW ¼ of SW 2 Town 26 & S ½ of SW ¼ of Sec. 35 Town 37 of Range 27 containing 124 47/100 acres E ¼ & SW ¼ of NE ¼ of Sec. 35 Town 37 of Range 27 containing 120 acres & SE ¼ of SW qr of Section 25 Town 37 Range 37 containing 120 acres SE ¼ Sec. 25 Town 37 Range 37 containing 80 acres SE ¼ of Sec. 17 & 35 Town 37 of Range 27 containing 160 acres and in the name of David Waldo E ½ SW ¼ and W ¼ SE ¼ of Section No. 32 Town 37 of Range 26 containing 160 acres. E ½ of SE ¼ Sec. 32 Town 37 of Range 26 containing 80 acres (all in St. Clair county Missouri) and all containing 1335 08/100 in acres intend and purchased by Calvin Waldo under the agreement as aforesaid and with the funds of David Waldo. The court doth further find, that the aforesaid lands cost the sum of Two thousand and twenty Dollars and 70 cents, which includes land warrants many location as sworn of Calvin Waldo his expenses and money paid to allow for assistance in selecting and locating said lands, that David Waldo advanced and paid of that amongst, the sum of Nineteen Hundred and ninety eight Dollars and ten cents, and Calvin Waldo allowed and paid the Sum of Twenty two Dollars & 60 cents.
The court further finds that said David Waldo on the 7th day of December 1858, paid seven Dollars and 45 taxes for the year 1858, on said lands, & that David Waldo by Deed dated 25 March 1859 conveyed her entire interest in said lands to Waldo P. Johnson and that by virtue of said conveyance the Said Waldo P. Johnson succeeded to all the right of Said David Waldo in and to this land above described in any respect whatever The court doth further find, that Calvin Waldo departed this life intestate in the month of February 1858, that he left a widow to wit Matilda Waldo and their children to wit Jedediah Waldo, Mary O. Waldo, and Milton O. Waldo, all of above parties to this suit, that since the death of said Calvin Waldo, and within fifteen months, the time described by law after the month of [space] of administration

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September Term 1859

Upon the Estate said Calvin Waldo, the Said Matilda Waldo widow as aforesaid, filed an election in writing duly acknowledged, with the Recorder of St. Clair County Mo. by which the elected to take a childs part absolutely in the real Estate of her deceased Husband it being one fourth of Said real Estate.
In consideration of the premises, it is ordered adjudged and decreed by the court here that all of the lands above described be sold for one fourth cash in hand the remainder on a credit of twelve months, with ten percent interest per annum on the deferred payments from Term of Sale until payment and it is further ordered adjudged and decreed that the money arising thereupon after all the costs and expenses of this proceeding are paid be partitioned and divided and paid as follows towit, the sum of Nineteen Hundred & ninety Eight Dollars & ten cents with ten per cent interest per annum from June 1st 1857 till paid, be paid to Waldo P. Johnson and the sum of twenty two and 60/100 Dollars with ten per cent interest per annum from June 1st 1857 be paid to Matilda Waldo, Jedediah Waldo, Mary O. Waldo and Milton O. Waldo Jointly the same to be evenly divided between them the further sum of seven Dollars and 45 cents with ten per cent interest per annum from 1st Dec 1858, paid for Taxes in the Year 1858 be paid to the Said Waldo P. Johnson, and the taxes for the Year 1859, amounting to the Sum of Eighteen Dollars & 16 cents, with ten per cent interest from 1st Nov 1859 be paid to the said Waldo P. Johnson out of the money arising from the sale of the land aforesaid. It is further ordered by the court here that the Sheriff of St. Clair county Missouri sell the land aforesaid, in the terms aforesaid, giving the same notice and in every respect as to the time, place, conducting the sale according to the laws respecting sales of real estate, under the law concerning partition and after paying all the amounts above specified to the parties above named, and all the costs of this proceeding & there out half of the remainder to be divided and paid in equal parts to Matilda Waldo, Jedediah Waldo, Mary O. Waldo, and Milton O. Waldo, and that the Sheriff make report of his proceedings to this court.

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September Term 1859

Columbus Hahn and Gilly P. Hahn – Plaintiffs
vs
Peter Brown, Andrew Brown, Benjamin Brown, William Brown, John Brown, Catharine Brown, Nancy E. Moran, John C. Greenwell, Ruth Greenwell, Milton S. Williams, Mary Williams, William Overshiner, Susan Overshiner, Martha Phillips, James Phillips, John Offutt, Susan Offutt, Mary Offutt, Catharine Wright, Andrew Offutt, Margaret Offutt, Ruth Offutt, Edward Offutt, William Offutt & Zepheniah Offutt, William Goforth & Susan Goforth, Charles F. Moran, William Moran, John Moran, Martha Moran, Fisher Moran and Elizabeth Moran
Civil Action to obtain title to real Estate
Now at this day comes again the Plaintiffs by their attorney And It being Suggested to the Court here that Charles F. Moran, William Moran, John Moran, Martha Moran, Fisher Moran and Elizabeth Moran who are defendants are minors under the age of Twenty one years whereupon the court here doth appoint William A. McClain Guardian Ad Litem for each and all of the above named infant defendants and the Said William A. McClain being present in court here consents to act and files herein the answer of each and all of said defendants last mentioned they being minors as aforesaid
And on motion of said plaintiffs and for good cause to the Court here Shown. It is ordered by the

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September Term 1859

Court that this cause be continued until the next term of this court.

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

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. Masters, Absolom Boots & Elizabeth Boots his wife, William Ousley, & Maria S. Ousley his wife – Defts
On petition to correct mistake in deed of conveyance
Now at this day comes here into court said plaintiff by his attorney and proves to the court here that the order of James W. beck clerk of this court made in vacation on the 29 day of April AD 1859, upon the affidavit of Said plaintiff that 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, William M. Owsley and Maria L. Owsley his wife were nonresidents of this State and that they be notified of the object and general nature of this suit and of the commencement thereof has been published four weeks consecutively in the Osceola Democrat a newspaper published in Osceola in the county of St. Clair in the State of Missouri, and the last insertion being more than four weeks before the first day of the present term of this court, and it appearing to the court here also that Absolom Boots has been duly Served with a summons in this case more than fifteen days before the first day of the present term of this court by the sheriff of St. Clair County by delivering to the said Absolom Boots a true copy of said petition and writ, the said Elizabeth Boots having same, and said defendants being three times called come not but make default and all having failed to file any answer, said action remains undefended wherefore said plaintiff ought to recover against them for the matters complained of in his said petition set forth therefore it is considered by the court that said plaintiff recover Judgment by default against said defendants, and that unless they appear at the next term of this court and show cause said Judgment by Default will then be made final and absolute until which time this cause is continued.

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

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