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St. Clair County Circuit Court
Microfilm Transcripts
SEPTEMBER TERM 1860
Page 142:
September Term 1860
At a circuit 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 3rd day of September AD 1860
Present
Hon. Foster P. Wright Judge
James W. Beck Clerk
Robert P. Cocke Sheriff
Thomas W. Freeman Cir. Atty
The Sheriff of St. Clair County returned into court here the list of
Jurors by him Summoned to this term of this court as follows:
From Osceola Township – William H. Martin, James Cole, Hiram Short,
Thomas J. Parks, Aaron Trippet, George W. Dunn, James McKinley and
James Evans.
From Jackson Township – Elijah L. Harper, George W. Tally, Richard
Garrison, James A. Thompson, and George R. Elliiott.
From Speedwell Township – Hammond Morris, John H. Dice, Isaac N.
Graham, Andrew Pugh, William Orr, Austin D. McClain, and James N.
Brackenridge.
From Monigan Township – James W. Blakeney, John W. Walton, Andrew
Yonce, John L. Parks, Elisha Thomas, Robert H. Sproull, Samuel Boots
and Amos G. Groom.
From Washington Township – Thompson Jackson, William L. King, Joel
C. Harn, Joseph Rodgers, James Pace, Jacob W. Roe and John H.
Choice.
From Polk Township – Thomas A. Hester, John S. Sanders, John D.
Sims, William I. Nance, and Amon M. Hutton.
Whereupon the oath required by law and by the clerk of this court in
open court administered to Robert P. Cocke Sheriff of St. Clair
County and to his Deputites Benjamin N. Cocke and Robert F. Gardner
in presence
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September Term 1860
of the court. And thereupon the clerk of this Court under the
direction of the Court apportioned the Grand Jurors amongst the
several Townships in the county as follows:
Osceola Township – 3
Jackson Township – 2
Speedwell Township – 3
Monigan Township – 3
Washington Township – 3
Polk Township – 2
And under the direction of the Court thence proceeded to draw for
the names of persons to Compose the Grand Jury the number
apportioned to each Township respectively and the following names
were severally drawn To wit
From Speedwell Township – John H. Dice who was by the Court
Appointed foreman and Hammond Morris, Andrew Pugh.
From Osceola Township – Hiram Short, Thomas J. Parks and James
McKinley.
From Jackson Township – George W. Tally and Elijah L. Harper.
From Polk Township – William I. Nance and Amon M. Hutton.
From Washington Township – Jacob W. Roe, James Pace and Joseph
Rodgers.
From Monigan Township – John W. Walton, Amos G. Groom, and James W.
Blakeney.
Sixteen good and lawful men who were duly sworn and empannelled 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.
For Good Cause shown to the Court It is ordered by the court that
John D. Sims be excused from further Service as a Juror at this term
of this Court.
On Motion of Thomas W. Freeman It is ordered by the court that
Thomas B. Johnson be permitted to sign the roll of Practising
attorneys in this court.
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September Term 1860
John Burch – Plff and Appellee
vs
John L. Ford – Deft and appellant
Appeal from Justices court
Now at this day comes the Said Plaintiff appellee by his attorney
Alex Wamsley and enters herein his appearance to said action.
State of Missouri
vs
Tignell Bailey & Wesley Culbertson
Indictment for Gaming No. 1
On Motion of the circuit attorney who prosecutes for the state of
Missouri in this behalf It is ordered by the court that a writ of
Capias be Issued in this cause against the said defendant Wesley
Culbertson directed to the Sheriff of Stoddard county Mo returnable
to the next term of this court.
State of Missouri
vs
Tignell Bailey and Wesley Culbertson
Indictment for Gaming No. 2
On motion of the circuit attorney who prosecutes for the State of
Missouri in this behalf It is ordered by the court that a writ of
capias be Issued in this cause against the said defendant Wisley
Culbertson directed to the sheriff of Stoddard county Mo returnable
to the next term of this court.
State of Missouri
vs
Robert Martin
Indictment for assault with intent to Kill
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in t his behalf and enters a general continuance
in this cause.
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September Term 1860
Ordered that court adjourn until tomorrow morning 8 oclock. F.P.
Wright Cir Judge
Tuesday morning September 4th 1860 Court met pursuant to
adjournment. Present as on yesterday.
Lucy E. Devin by her Guardian Lawrence Lewis – Plaintiff
Against
Richard B. Devin – Defendant
Petition for Partition
Now at this day Comes the plaintiff into Court here by her attorney
and by leave of the Court files herein her petition and the said
defendant Comes into court and enters his voluntary appearance to
Said plaintiffs petition and files herein his answer to said
petition and by agreement of the parties the cause is submitted to
the Court upon the petition answer and evidence. And after hearing
the pleadings and evidence in the cause the court finds that Lucy E.
Devin and Richard B. Devin in their own right and as heirs and legal
Representatives of James A. Devin dec’d and Massey F. Devin dec’d
are the owners of the following described real estate situated in
the county of St. Clair and State of Missouri To wit: The north East
quarter of the north East quarter and the south West quarter of the
north East quarter of Section No. Thirty three and the north West
quarter of the north West quarter of section No. Thirty four all in
Township No. Thirty Seven of Range No. Twenty five Containing in all
one hundred and Twenty acres. Also the South East quarter of the
South East quarter of Section No. Twenty one and the South half of
the South West quarter of Section No. Twenty two and the north half
of the north West quarter of section No. Twenty Seven and the North
East quarter of the north East quarter of Section No. Twenty Eight
in Township No. Thirty Seven of Range No. Twenty five Containing Two
hundred and Forty acres. And the Court further finds that the said
Lucy E. Devin and Richard B. Devin are each entitled to one
undivided half part of said real estate aforesaid. In consideration
of the premises and of the prayer in the petition filed 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 thereto according to their respective rights and
interests
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September Term 1860
herein before ascertained and determined by the Court. And that
Uriah L. Sutherland, Thompson Jackson & Benj’n C. Bratcher be
appointed commissioners to make partition of the real estate above
described among and between the parties to this proceeding as above
found and set forth and make report of their proceedings to this
court.
George H. Steele – Plff
vs
Pleasant W. Dale – 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.
State of Missouri
vs
William Gardner & Isaac Underhill
Indictment for disturbing the peace of family
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf, as well as the said Defendant
William Gardner by his attorney and Isaac Underhill in his own
proper person and by attorney and by their attorneys for their plea
in this behalf the Said defendants say they will not further contend
with the state in this Case but admit that they are guilty in manner
and form as charged against them in said indictment and for their
punishment put themselves upon the mercy of the Court Whereupon the
Court doth assess Said punishment at a fine of one dollar against
each of said defendants. It is therefore considered by the Court
that the said State of Missouri have and recover against each of
said defendants the said sum of One dollar for her fines so assessed
by the Court as aforesaid together with her costs in this behalf
laid out and expended. And that capias Execution Issue therefor and
that said defendants render themselves in execution thereof.
On motion of Thomas W. Freeman It is ordered by the court that
George H. Vaughan be permitted
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September Term 1860
to sign the Roll of practicing attorneys And on motion of Waldo P.
Johnson It is ordered by the court that Richard C. Boggess be
permitted to sign the Roll of practicing attorneys in this Court.
State of Missouri – Plff
vs
Wiley Y. Taylor, Principal
Henry E. Moran, Elijah Hinkle, Columbus Hahn and James C. Hinkle his
securities – Defts
Indictment for Feloniously Killing horses & Scirefacias on
forfeiture of Recognizance
Now at this day comes the Circuit attorney who prosecutes for the
state of Missouri in this behalf And the Said Defendants by their
Attorney comes and files herein the Governors remitter of the
forfeiture of said recognizance and having paid all Costs incurred
by reason of said Scirefacias & by consent of the Circuit Attorney
It is ordered by the court that said Scire facias and all further
proceedings in relation thereto be dismissed and discontinued.
State of Missouri
vs
John Minner
Indictment for attempt to suborn witnesses
Now at this day comes the Circuit attorney, who prosecutes for the
state of Missouri in this behalf as well as the said defendant in
his own proper person and by attorney And on motion of the said
circuit attorney It is ordered by the court that the cause be
continued until the next term of this court on account of the
absence of two witnesses on the part of the State To wit [space]
Tucker and [space] Ash who are sick.
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September Term 1860
State of Missouri
vs
John Minner
Indictment for attempt to Suborn witnesses
Now at this day comes John H. England, Nancy Forth, Silas Ingram,
Newberry Hobs, Hugh Alloson, John Howard, Thomas Richardson &
Richard Lolner and here in open court Severally acknowledge
themselves each to owe and Stand indebted to the State of Missouri
in the sum of Fifty Dollars to be levied of their respective goods
and chattels Lands and tenements to be rendered void upon Condition
that they shall Severally make their personal appearance before the
Judge of this Court at the court house in the Town of Osceola on the
first day of the next term of this court to be begun and held on the
first Monday in March next to give evidence in this Cause on the
part of the defendant and not depart the Court without leave.
State of Missouri
vs
John Minner
Indictment for Attempt to Suborn Witnesses.
Now at this day comes J.C. Dickerson into Court here in his own
proper person in discharge of his recognizance in obedience to the
attachment Issued against him as a witness on the part of the State
in Said Cause. And for good Cause here shown. It is ordered by the
court that Said J.C. Dickerson be excused for non attendance at the
last term of this Court and that all further proceedings under said
attachment be discontinued.
State of Missouri
vs
William Nelson
Indictment for Selling liquor without license
Now at this day comes the Circuit attorney who prosecutes for the
State of Missouri in this behalf and the Said defendant William
Nelson who was indicted by the name of James Nelson and in his own
proper person for his plea in this behalf the said defendant Says he
will not further contend with the State in this Cause but admits
that he is guilty in manner and form as charged in the indictment
against him and for his punishment puts himself upon the mercy of
the Court. Whereupon
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September Term 1860
the court doth assess said punishment at a fine of Twenty Dollars
against Said defendant. It is therefore Considered by the Court that
the Said State of Missouri have and recover against Said defendant
the Said Sum of Twenty Dollars for her fine So assessed by the Court
as aforesaid together with her costs in this behalf laid out and
Expended. And that Capias Execution Issue therefor and that Said
defendant render himself in execution therefor.
State of Missouri
vs
Ashford 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 and Says he will not further
prosecute this indictment against the Said defendant but dismisses
the Same. It is therefore Considered by the Court that the Said
defendant be acquitted and from his recognizance discharged And that
he go hence without day.
State of Missouri
vs
Oliver Fletcher & Joseph Shadrick
Indictment for breaking and injuring house door & windows
Now at this day comes the Circuit Attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendants in
their own proper person and by attorney and or their plea in this
behalf the Said defendants Say they are not guilty in Manner and
form as charged against them in said indictment and for their trial
put themselves upon the Country and the circuit attorney for the
State of Missouri doth the like and thereupon comes a Jury To wit
Austin D. McClain, Richard Garrison, Thompson Jackson, Simeon C.
Bruce, William W. Ritchey, Joseph W. Barr, Merrill G. Phillips, John
T. Metcalf, Eli Odam, Felix Lewellen, John Burch and James R.
Jameson twelve good and lawful men elected and duly sworn to well
and truly try the Issue in this Cause Joined who after hearing the
evidence returned into Court the following verdict
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September Term 1860
“we the jury find the defendants not guilty in manner & form as they
Stand charged in the indictment. S.C. Bruce foreman” It is therefore
Considered by the Court that the Said Defendants be acquitted and
from their recognizance discharged. And that they go hence thereof
without day.
Elizabeth Brashear – Plff
against
Waymack M. Brashear – Deft
Civil Action for Divorce
Now at this day Comes the plaintiff by her attorney and both parties
being ready for trial the Cause is submitted to the Court upon the
petition of plaintiff and evidence offered in the Cause and after
hearing the evidence the Court finds that Said Waymack M. Brashear
the Defendant in this Cause did without any reasonable Cause
wilfully absent himself from plaintiff and abandon plaintiff for the
space of more than two years before the Commencement of this Suit
The Court further finds that there is one child born of the Marriage
now about three years of age named James Brashear and now with
plaintiff In Consideration of the premises it is ordered adjudged
and decreed by the Court here that the Bonds of Matrimony heretofore
Solemnized between plaintiff and Defendant be revoked set aside, and
held for naught, that plaintiff be divorced from Defendant that
plaintiff have and retain the Control of the Child James aforesaid
until the further order of this Court. It is further ordered by the
Court that Defendant be permitted to Marry again, and that plaintiff
have and recover of defendant her costs in this behalf laid out and
Expended and that execution issue therefor.
Mordecai L. Scrutchfield – Plff
vs
Snoden T. Morris and others – Defts
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 this cause
And also his petition and affidavit
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September Term 1850
praying for a change of venue in said cause.
State of Missouri
vs
Merrit H. Cave & Thomas Underhill
Indictment for disturbing the peace of a family
Now at this day comes the Circuit attorney who prosecutes for the
State of Missouri in this behalf and Enters a general continuance in
this cause as to said Cave and Thomas Underhill.
State of Missouri
vs
William C. Rentfro
Indictment for failing to Keep road in repair
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said 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.
State of Missouri
vs
Tignell Bailey & Hannibal Ross
Indictment for Gaming
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant
Tignell Bailey in his own proper person and by attorney And on
motion of the circuit attorney It is ordered by the court that this
cause be continued until the next term of this court And that an
alias Capias writ be Issued against the Said defendant Hannibal
Ross.
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September Term 1860
State of Missouri
vs
Tignell Bailey & Wesley Culbertson
Indictment for Gaming No. 1
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant
Tignell Bailey in his own proper person and by attorney And on
motion of the circuit attorney It is ordered by the court that this
cause be continued until the next term of this court.
State of Missouri
vs
Tignell Bailey & Wesley Culbertson
Indictment for Gaming No. 2
Now at this day comes the Circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant
Tignell Bailey in his own proper person and by attorney and for his
plea in this behalf the said defendant says he is not guilty as
charged in the Indictment and for his trial puts himself upon the
country And the Circuit attorney for the State of Missouri doth the
like and thereupon comes a Jury To Wit John H. Choice, John S.
Sanders, Elisha Thomas, Aaron Trippet, William H. Martin, Isaac N.
Graham, James Evans, William Orr, James A. Thompson, James Cole,
Andrew Yonce and John L. Parks 12 good and lawful men elected and
duly sworn to well and truly try the Issue in this cause Joined who
after hearing the evidence returned into court the following verdict
To wit, “We the Jurors find the defendant Tignell Bailey not Guilty.
J.H. Choice Foreman” It is therefore Considered by the court that
the said defendant Tignell Baily be acquitted and from his
recognizance discharged and that he go hence thereof without day.
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September Term 1860
State of Missouri
vs
William Young
Indictment for Setting up Gambling device
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant
William Young in his own proper person and by attorney and by
agreement of the parties It is ordered by the court that this cause
be continued until the next term of this court.
State of Missouri – Plff
vs
Jesse Fowler, Tignell Bailey, Hannibal Ross and Jonathan Culbertson
– Defts
Indictment for Gaming
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendants
Jesse Fowler, Tignell Bailey and Jonathan Culbertson in their own
proper persons and by attorney and on motion of the circuit attorney
It is ordered by the court that this cause be continued until the
next term of this court And that an attachment be Issued against
Mitchell E. Gash a witness in this cause on the part of the State
directed to the Sheriff of St. Clair county returnable to the next
term of this court.
State of Missouri
vs
James Delozier
Indictment for dealing with 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 on motion of the circuit
Attorney It is ordered by the court that this cause be continued
until the next term of this court and that an attachment be Issued
against James M. Ritchey and John Ritchey witnesses on the part of
the State in this cause directed to the Sheriff of St. Clair county
returnable to the next term of this court.
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September Term 1860
State of Missouri – Plff
vs
George Tamman and Doctor F. Pruitt – Defts
Indictment for running horses on highway
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendants in
their own proper persons and the said defendants for their plea in
this behalf say they will not further contend with the said State
but admit that they are guilty in manner and form as in said
Indictment is charged against them and for their punishment put
themselves upon the mercy of the court whereupon the court doth
assess said punishment at a Fine of Five dollars each against each
of said defendants It is therefore considered by the court that the
said State of Missouri have and recover against each of said
defendants the said sums of Five dollars for her fines so assessed
by the court as aforesaid together with her costs in this behalf
laid out and expended And that capias execution Issue therefor and
that said defendants render themselves in execution therefor.
Oscar F. Keller, Casper M. Keller and Samuel N. Keller – Plffs
vs
Richard M. King – Deft
Civil Action
Now at this day comes the said parties by their Attorneys and by
agreement of the parties the trial of this cause is Submitted to the
court whereupon after hearing the evidence in the cause the court
doth find the said defendant Justly indebted to the said Plaintiff
in the sum of One hundred and eighty four dollars and eighty cents
the balance due on the account sued on It is therefore considered by
the court here that the said plaintiffs have and recover against the
said defendant the Said sum of $184.80 for their debt so found due
by the court.
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September Term 1860
aforesaid together with their costs in this behalf laid out and
expended and that execution Issue therefor.
Daniel P. Morgan – Plff
vs
Spencer J. Ball, Joseph Norton, Josiah P. Norton and James L.
Bissell – Defts
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 continued until the next term of this court And that the
defendants who have not filed answers to said plaintiffs petition
have leave to file their answers in vacation 90 days before the
first day of the next term of this court.
Anthony W. Marsh – Plff
vs
Oliver C. Fletcher – 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 suit
be dismissed and discontinued and that each party pay his costs in
this cause laid out and expended or incurred by them respectively.
Felix Hunton – Plff
vs
Jefferson Drake – Deeft
Civil action
Now at this day comes the said parties by their attorneys And on
motion of said plaintiff by his attorney and for sufficient 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 his costs It is
therefore considered by the court that the said defendant have and
recover against the said Plaintiffs his costs in this behalf laid
out and expended at and about this term of this court and that
Execution Issue therefor.
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September Term 1860
Oliver C. Fletcher – Plff
vs
Alexander Walker & Catharine Walker – Defts
Civil action
Now at this day comes the parties by their attorneys and by
agreement of the parties It is ordered by the court that this cause
be dismissed and discontinued And that each party pay the costs by
them laid out expended and incurred by them in this behalf
respectively.
Temperance B. Cox & John B. Cox – Plffs
against
William M. Cox Jr., Joseph W. Cox, Louis S. Barada & Margaret Barada
Petition for partition and assignment of Dower
Now at this day comes again here into court Said plaintiffs by their
attorneys as well as the said William M. Cox Jr. deft. by Waldo P.
Johnson Esqr his Guardian Adlitem who has heretofore filed his
Answer herein And said Joseph W. Cox, Louis S. Barada and Margaret
his wife defendants being three times Solemnly called come not but
make default and it being shown to the court here that the said
Joseph W. Cox, Louis S. Barada and Margaret Barada his wife have
been duly served with process more than fifteen days previous to the
first day of the last term of this court and now having failed to
file any answer whereby Said action remains undefended it is
therefore considered by the court here that said plaintiffs recover
Judgment by default for the matters and things demanded and
complained of against them in their said petition now as if said
Judgment by default had been rendered at the last term of this court
and said parties now in court here being ready for the trial of this
cause the same by the consent of said parties is submitted to the
court here and the same was submitted to the court hereupon the
Amended petition and answer of the said William M. Cox Jr. and the
evidence of the parties and the court here after hearing
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September Term 1860
the Same, and the Same being fully Considered and Understood the
court here doth find, that on or About the 12th day of September AD
1847. One William M. Cox Senior, departed this life at the County of
St. Clair in the State of Missouri intestate And at the time of his
death deed Seized and possessed of the following real estate lying
and being in the County of St. Clair aforesaid to wit the West half
And the North east quarter of the North East quarter of Section No.
twenty nine also the South East quarter of Section No. 29, and the
East half and North West quarter of North West quarter of Section 33
All in townships No. Thirty Eight in Range twenty five containing
four hundred acres of land. And the court here doth further find
that the said William M. Cox, Senr. Deceased, at the time of his
death, left Temperance B. Cox One of said plaintiffs his Widow, who
as Such is entitled to dower in Said Real Estate, And the Said
William M. Cox, Sen’r Deceased Who left the following children at
the time of his death his heirs at law to wit, John R. Cox, Joseph
W. Cox, William M. Cox Jr., Merideth A. Cox and Pleasant M. Cox his
Sons Also Margaret Cox a daughter who entermarried with Levi Barada,
and also Phebe Cox a daughter who intermarried with one William M.
Cox who is of no Kin to Any of the parties to this suit, and the
court doth further find, that After the death of the said William M.
Cox Senr Deceased, the Said Merrideth A. Cox and Pleasant M. Cox
departed this life, and that the Said Temperance B. Cox, John B.
Cox, Plaintiffs, and the said Joseph W. Cox, William M. Cox Jr.,
Margaret Barada And Phoebe Cox, wife of the said William M. Cox,
Defendants, inherited the Shares of the Said Merrideth A. Cox
Deceased and Pleasant M. Cox deceased they being entitled to Oone
Seventh Each of Said real Estate subject to the dower of the Said
Temperance B. Cox the Said Temperance B. Cox, John B. Cox, Joseph W.
Cox, William M. Cox Jr., Margaret Barada and Phoebe Cox, being
entitled to One Sixth Each of the Shares of the Said Merrideth A.
Cox and Pleasant M. Cox deceased And the court doth further find
that after the death of the said Merrideth A. Cox, and Pleasant M.
Cox She the Said Phoebe Cox and the Said William M. Cox her husband
conveyed all their right, title, And interest in or to said real
estate to the said John B. Cox One of the plaintiffs in this case,
and the court doth further find, first that the said Temperance B.
Cox plaintiff and Widow of the said
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September Term 1860
William M. Cox, Senr Deceased is entitled to dower in the Whole of
Said real Estate, it being the use of One third of Said real Estate
for And during her natural life, and that the said Temperance Cox
being the Mother of the Said Merrideth A. Cox, And Pleasant M. Cox
Deceased they being dead is entitled to one sixth of their share in
said real estate to hold as her absolute property subject however to
her own dower, that the said John B. Cox is entitled to two sixths
of the shares of the said Merrideth A. Cox, and Pleasant M. Cox
deceased, one Sixth being in his Own right and the other by purchase
from the said William M. Cox, And Phoebe his wife and the said
Joseph W. Cox, William M. Cox Jr. and Louis Barada in right of his
wife Margaret Are entitled to One Sixth Each of the Share of the
Said Merrideth A. Cox and Pleasant M. Cox Deceased and the Said John
B. Cox is entitled to two fifths, the Said Joseph W. Cox, William M.
Cox Jr. and Louis Barada in right of his wife are entitled to one
fifth Each of their absolute property in the residue of said Estate
In Consideration of the premises, it is therefore Ordered, Adjudged
and decreed by the Court here, that the said Temperance B. Cox the
Widow be seized of her said dower in all of said lands for And
during her natural life, and that the same be admeasured to her. And
the Court here doth appoint: T. McClain, William Rice And William H.
Trolinger as Commissioners, to assign and admeasure Such dower and
the court here doth further order Adjudge and decree, that said real
estate be divided and partitioned among, and between the families to
this suit, According to their respective rights as herein before
ascertained, and adjudged but the court here being Satisfied from
the evidence from the nature and amount of said real Estate and the
number of said owners, that partition thereof in Kind, cannot be
made without great prejudice to said owners. It is therefore ordered
adjudged and decreed by the court here that the whole of said real
Estate be sold (subject however to Said dower as the same shall be
assigned and admeasured by commissioners.) by the sheriff of said
county for one tenth cash in hand and the residue On a Credit of
twelve months, the sheriff taking bond with good security. And out
of the proceeds of said sale the Sheriff shall first pay the whole
costs charges and expenses of this suit and
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September Term 1860
assignment of dower. And to divide the residue Among and between the
parties to this suit according to their respective rights as herein
before ascertained and Listed, And that an Attorneys fee be allowed
to Waldo Clem atty at the cost to the Amount of fifty dollars to be
paid as other costs the parties in this cause & the guardian ad
litem having by commission of said suit filed in this case agreed
that the court shall pay said fee.
On Motion of Waldo P. Johnson. It is ordered by the Court that J.D.
Georcan be permitted to Sign the Roll of Practising Attorneys in
this court.
It is ordered that Court Adjourn until tomorrow morning 8 oClock.
F.P. Wright Cir Judge
Wednesday Morning September 5th 1860 Court Met pursuant to
adjournment Present as On Yesterday.
Felix Hunton – Plff
vs
Jefferson Drake – Deft
Civil Action
Now at this day comes the Parties by their Attorneys and thereupon
the plaintiff files herein his Affidavit and petition for a change
of venue in this cause to some Other Judicial circuit for the reason
Stated in Said Petition 1st that the Judge of this court is
Personally prejudiced against him Said Defendant It is therefore
Considered by the Court that a change of venue be awarded in Said
Cause to the Circuit Court of Dade County in the 13th Judicial
circuit in the state of Missouri for the reason of the allegation in
said petition.
Columbus Hahn & Gilly P. Hahn – Plffs
Vs
Peter Brown & others – Defts
Civil action for title to real Estate
Now at this day comes the said plaintiffs by their attorneys and
Suggest to the court here that the following named persons who are
defendants to this suit are each and
Page 160:
September Term 1860
all minors under the age of 21 years To wit Peter Greenwell,
Napoleon Greenwell, Gilly Greenwell, Isabel Greenwell, Ruthnell
Greenwell & Andrew Greenwell, James W. Overshiner, Ellen C.
Overshiner & Mary Overshiner, Catharine Wright, Margaret Offutt,
Nancy Offutt, Susan Offutt & John Offutt. Whereupon It is Ordered by
the court that William A. McClain attorney at law be appointed
Guardian Adlitem for each and all of Said Minor Defendants above
named And the Said William A. McClain being in court here accepts
said Appointment and thereupon Said Guardian Adlitem by leave of the
Court files herein his Answer for said Minor defendants aforesaid to
Said Plaintiffs petition.
Horatio Short – Plff & appellant
vs
William Addison – Deft & Appellee
Appeal from Justices Court
Now at this day comes the Said parties by their Attorneys and on
Motion of the said Defendant Addison. It is ordered by the court
that this cause be continued until the next term of this court at
his costs It is therefore Considered by the court that the said
plaintiff have and recover of the Said Defendant his costs and
charges in this behalf laid out and expended at and about this term
of this court and that execution Issue therefor.
Thomas Short – Plff & Appellee
vs
William Addison – Deft & Appellanat
Appeal from Justices Court
Now at this day comes the Said Parties by their attorney And by
agreement of the parties. It is ordered by the court that this cause
be dismissed and discontinued And that the Defendant pay the costs
in this court and the court below It is therefore Considered by the
court that the said Plaintiff have And recover of the said defendant
his costs And Charges in this behalf laid out and expended both in
this court And the court below And that Execution Issue therefor.
Page 161:
September Term 1860
The State of Missouri for the use of William K. Johnson and William
Doak – Plaintiff
vs
Thomas Copenhaver – defendant
Richard Wamack and Jacob Copenhaver Garnisher
Execution and Garnishment
Now at this day comes the said plaintiffs by their attorney and by
leave of the court files herein their Motion to Strike out a part of
the answer of each of the Said garnishers heretofore filed, and Said
plaintiffs also file herein Interrogatories adapted to Said
garnishers.
Richard Crenshaw – Plaintiff
vs
James Rentfro defendant
Civil action
Now at this day comes the Said parties by their attorneys, and the
report of Uriah L. Sutherland as referred to whom this Cause was
referred by this Court at the last term of this Court, being now
before the Court here by agreement of the parties. It is ordered by
the Court that this Cause by Continued until the next term of this
Court, and that Said defendant have leave to file exceptions to the
report of Said referee in Vacation ninety days before the first day
of the next term of this Court.
Temperance B. Cox & John B. Cox – Plaintiffs
vs
William M. Cox Jr., Joseph W. Cox, Louis S. Barada & Margaret Barada
– Defts
Petition for Partition & Commissioners Report
Now at this day Comes the Said plaintiffs by their Attorney and John
T. McClain, William Rice and William H. Trolinger the Commissioners
appointed by the Court to assign to Temperance Cox widow of William
M. Cox Deceased her dower in the real Estate belonging to said
Deceased comes into Court here and presents to the Court their
Report of their proceedings in relation thereto. And it Appearing to
the Court that said Commissioners have made Said assignment of Dower
according to law and there being no objections offered to said
Page 162:
September Term 1860
Report or good Cause Shown to Set 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 Approved and filed and
Recorded herein which is as follows To Wit
State of Missouri
County of St. Clair ss
The undersigned Appointeds by the Judge of the Circuit Court of St.
Clair County Missouri as Commissioners to lay off and set apart the
Dower to the Widow of William M. Cox Deceased late of Said County in
the lands belonging to the Estate of Said Deceased, Swear that we
Will honestly and impartially execute the trust Reposed in them
Given under our hands this 4th day of September AD 1860
John T. McClain
W.H. Trolinger
William Rice
Subscribed and Sworn to before me the 4th day of September 1860
Daniel P. Morgan Clerk
We the undersigned Commissioners according to the order of the
Circuit Court of St. Clair County Missouri, having been Appointed to
lay off and Set apart the Widows Dower in the lands belonging to the
Estate of William M. Cox dec’d late of Said St. Clair County Mo.,
Would Respectfully Report that we went this day and after examining
said lands of her Said husbands William M. Cox Deceased late of Said
County as follows vis West half North East qr & Sixty acres off the
North Side of the South East qr of Section No. 29 in Township No. 38
Range No. 35 making one hundred and forty acres in all & embracing
the Dwelling and other out buildings and the remainder not Subject
to division between the parties interested
Respectfully Submitted
John T. McClain
W.H. Trolinger
Wm. Rice
Commissioners Fees
Jno. T. McClain 1 day $150
Wm. Rice 1 day 1.50
Wm. H. Trolinger 1 day 1.50
State of Missouri
County of St. Clair ss
Be it Remembered that
Page 163:
September Term 1860
on this 11th day of September AD 1860, before Me Daniel P. Morgan
clerk of the County Court of St. Clair County Missouri personally
appeared John T. McClain, William H. Trolinger and William Rice, All
personally Known to me to be the Real persons whose Names appears
Subscribed to the foregoing instrument of writing, as having,
executed the Same and Severally acknowledged and declared, the Same
to be their act and Deed for the uses and purposes therein Specified
In testimony whereof I hereunto Subscribe My name and affix the Seal
of Said County Court at office in Osceola, this 4th day of September
AD 1860
Daniel P. Morgan Clerk
And it is further ordered adjudged and decreed by the Court here
that Said Assignment of Dower to Said Widow be firm and effectual
forever.
William H. Trolinger – Plff
vs
Penelope Echols & Mary E. Eckols – Defts
Now at this day Comes the Said Plaintiff by his Attorney and
Suggests to the Court, that, the defendant Mary Eckols, is a Minor
under the age of 21 years whereupon It is ordered by the Court that
George H. Vaughan attorney at law be Appointed Guardian adlitem for
said Minor defendant And the Said George H. Vaughan being in Court
accepts Said Appointment and files herein the answer of Said
Appointment and files herein the answer of Said Minor defendant to
Said plaintiffs petition.
John T. McClain – Plff
vs
Christopher H. Stump – Deft
Civil action
Now at this day comes the parties by their attorneys and by
agreement of the parties the order of this court made at the last
term of this court overruling the Defendants Demurrer to plaintiffs
amended petition is set aside And thereupon said defendant by leave
of the court withdraws his answer to plaintiffs petition And the
said demurrer filed by said defendant at the last term of this court
coming on for a rehearing by agreement of the parties is by the
court Sustained. And said Plaintiff
Page 164:
September Term 1860
Not wishing to further Amend excepts to the decision of the court in
sustaining said demurrer and prays an appeal to the Supreme court
which is by the court here granted.
It is ordered by the court that Hammond Morris a member of the Grand
Jury be discharged from further service at this term of this court
And that another Juror be Summoned by the Sheriff to serve during
the remainder of this term of the court and thereupon said Sheriff
summoned Jesse Cox who was duly Sworn in as a grand Juror.
Mordecai L. Scrutchfield – Plff
vs
Snoden T. Morris & others – Defts
Civil action
Now at this day comes the said defendants by their attorneys And by
leave of the court files herein a separate answer for the said
Snoden T. Morris and Joint answer for all of the other defendants to
said Plaintiffs petition.
State of Missouri
vs
George Taurman
Indictment for running horses on highway
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
custody of the sheriff for the costs adjudged against him when
conviction on said Indictment. And thereupon said defendant files
herein his petition and affidavit praying to be discharged from
confinement under the provisions of “An act for the relief of
insolvent persons confined on criminal process Approved Nov 23rd
1855” And he having paid the fine assessed against him It is ordered
by the court that he be discharged from confinement.
John Derrick – Plff
vs
Mary Derrick – Deft
Civil action for Divorce
Now at this day comes the said plaintiff by his attorney and Says he
will not further prosecute this action and dismisses the Same at his
costs It is therefore considered by
Page 165:
September Term 1860
the court that the said defendant have and recover against the said
plaintiff her costs and charges in this behalf laid out and expended
and that execution Issue therefor.
State of Missouri – Plff
vs
John Edwards – Deft
Recognizance to Keep the peace
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and exhibits to the court a
recognizance entered into by the said John Edwards as principal with
Thomas Maguire, James C. Hinkle and Elijah Hinkle as his securities
before Samuel P. Hedges a Justice of the peace within and for the
county of St. Clair and State of Missouri on the 16th day of July
1860 in the penal sum of one hundred dollars conditioned for his
personal appearance before the Judge of this court on the first day
of this term of this court and to abide the order of this court And
the said John Edwards being three times solemnly called comes not
but makes default And thereupon Thomas Maguire, James C. Hinkle and
Elijah Hinkle his securities being severally called to bring the
Said John Edwards into court failed to produce said John Edwards to
answer said recognizance And thereupon on motion of the circuit
attorney It is ordered by the court that said recognizance be and
the same is by the court here declared forfeited It is therefore
ordered by the court that a Scire facias be Issued against said
defendant and his said Securities directed to the Sheriff of St.
Clair county returnable to the next term of this court Notifying
them to appear and show cause if any they can why execution should
not be Served against their respective goods and chattels lands and
tenements for the said sum of one hundred dollars.
John Burch – Plff & Appellee
vs
John L. Ford – Deft & appellant
Now at this day comes the parties by their attorneys and on motion
of said defendant It is ordered by the court that he have leave to
withdraw the account filed by him in this
Page 166:
September Term 1860
Justices court as an offset to plaintiffs demand And both parties
being ready for trial by agreement of the parties the trial of this
cause is Submitted to the court whereupon after hearing the evidence
the court doth find the said defendant Justly indebted to the said
plaintiff in the sum of Forty five dollars and thirty five cents on
the account sued on It is therefore considered by the court that the
said Plaintiff have and recover against the said defendant and
Joshua Dallas his security in his appeal Bond the said sum of
$115.35 for his debt so found due by the court as aforesaid together
with his costs in this behalf both in this court and in the court
below and that execution Issue therefor.
William L. Vaughan & Waldo P. Johnson – Plffs
against
Samuel D. Pierce as a debtor of James Davis – Deft
Garnisher and Attachment
Now at this day comes again here into court said parties by their
Attorneys and said plaintiffs being ready for the trial of this
trial this cause by the consent of parties was submitted to this
court upon the pleadings and proofs of said parties and the same
being seen and heard and fully understood by the court here the
court doth find the Issues for the plaintiffs and that said note
executed by Jacob Saylor for the sum of Three hundred and fifty
dollars dated on or about the 29th day of January AD 1860 payable
one day after date and to be paid to the said Samuel D. Pierce in
Saddelry and harness work which said note is mentioned in said
defendants answer is the property of the said James Davis the
defendant in said suit by attachment in which the said Pierce and
Saylor were both Summoned as garnishers and the court doth further
find that said note was proceeded to be executed by the Said Davis
and Pierce payable to the said Pierce for the purposes and with the
intent to hinder delay and defraud the Creditor of the said Davis
out of their Just demands when the said Davis was not indebted to
the said Pierce in any amount and the court doth further find that
said note was
[in left hand margin is written: This entry erroneous and enter
Subsequent page. F.P. Wright Cir Judge.]
Page 167:
September Term 1860
due in fact to said Davis and he was entitled to the amount and
property due thereon from the said Saylor and the court doth further
find that Said note is in the hands of the said Pierce defendant in
this suit and that there is still due on said promissory note the
sum of Three hundred and fifty dollars and interest from January
30th 1860 and the court here doth order that the said Pierce deliver
over said note to the Sheriff of St. Clair county in whom is in
default thereof It is considered by the court here that said
plaintiffs recover of Said Samuel D. Pearce the Sum of [space]
dollars and [space] cents and that execution Issue therefor.
William L. Vaughan and Waldo P. Johnson – Plffs
vs
Jacob Saylor Garnisher & of James Davis – Deft
Garnisher on Attachment
Now at this day comes again here into court said parties being ready
for the trial of said Cause the Same by the Consent of said parties
and Submit this to the court upon the pleadings and proof of the
parties and the Court here after hearing the same doth find that the
Said promissory note mentioned in the evidence of Said Defendant
Saylor to the third interroggatorys of said plaintiff Executed on
the 29th day of January AD 1860 payable to Samuel D. Pierce one day
of after date for the sum of three hundred and fifty Dollars in
Saddlery and Harness is the property of James Davis the Defendant in
the Suit commenced by attachment by plaintiffs against said Davis
and in which he the said Saylor is garnished as aforesaid and the
Court doth further find that said note was promised to be executed
by the said James Davis and Samuel D. Pierce to the said Pierce for
the purpose and with the interest of the said Davis and Pierce to
hinder delay and defraud the Creditors of the said Davis out of
their Just demands, that the consideration of said note was property
that belonged to the said Davis and at the time of the Execution of
Said note nor at any time after and before the Said Saylor and the
said Pierce were Summoned garnishees, was the Said Davis indebted to
said
[written in left hand margin: This entry erroneous and enter
Subsequent page. F.P. Wright Cir Judge.]
Page 168:
September Term 1860
any amount. Therefore in Consideration of the premises it is ordered
and adjudged by the court here that the said Saylor void same
promissory note to the said Davis and not to the said Davis and not
to the said Pierce, and that the Said Saylor pay the amount now
remaining unpaid upon said note to wit the sum of [space] dollars to
said plaintiff or the Sheriff of said County within [space] days and
that in default thereof, that said plaintiffs have and recover of
the said Jacob Saylor the Sum of [space] and that Execution issue
therefor.
Erastus R. Barnes – Plaintiff
Against
Francis M. Allen and Matilda Allen, John Flippe and Elizabeth
Fllippe his wife – Defts
Civil Action to correct Mistake and reform Deed
Now at this day again comes the plaintiff by his attorney, and it
appearing to the court here from the affidavit of Richard B. Devin
publisher of the Osceola Democrat, a newspaper published in Osceola
St. Clair County Mo. that the order of publication heretofore made
by the Clerk of this court in vacation, had been duly published in
said newspaper, for four consecutive weeks, the last insertion being
more than four weeks before the first day of the last term of this
court, by which said John Flippe and Elizabeth Flippe were notified
of the commencement of this suit and the general nature thereof and
being three times solemnly called come not but make default and it
is considered by the Court here that said plaintiff, recover
Judgment by default against said defendants John Flippe and
Elizabeth Flippe for the matters and things alledged and complained
of in said plaintiffs petition, and it being Suggested to the Court
that since the last continuance of this Cause and in the month of
July 1860 that Francis M. Allen one of said Defendants had departed
this life, leaving A widow to wit Matilda Allen, also a Defendant to
this suit and also one child to wit Nancy E. Allen and that since
the death of Said Francis M. Allen said Nancy E. his only child and
only child of Matilda Allen in the month of August 1860 departed
this life leaving said Defendant Matilda Allen as sole heir and the
said Matilda Allen having voluntarily entered her appearance at this
term of this court & waives any answer And Consents that the Case
may be tried at this term of this Court and
Page 169:
September Term 1860
all parties being ready for trial, the cause is Submitted to the
Court upon the petition of plaintiff, and evidence offered in this
Cause, and having heard the evidences the Court finds that on the
9th day of January 1859 John Flippe and Elizabeth Flippe were the
owners of the following described lands situated in St. Clair County
Missouri to wit “The West half of Lots No. Two and Three of the
North West quarter of Section No. one in Township No. Thirty Nine of
Range No. Twenty five containing 38 76/100 acres, and also the East
half of Lot No. two of South East quarter of Section No. two in
Township No. Thirty nine of Range No. Twenty Five Containing 39
15/100 acres, that on the day and year last aforesaid said John
Flippe and Elizabeth his wife sold and attempted to Convey by deed
duly acknowledged for the sum of Four Hundred Dollars Said land to
Francis M. Allen that afterwards to wit on or about the 1st day of
November 1859 for and in consideration of the sum of Five hundred &
fifty dollars said Francis M. Allen and Matilda his wife attempted
to convey by deed and duly signed and acknowledged the aforesaid
real estate to Erastus R. Barnes the plaintiff to this suit. The
Court further finds that by mistake the lands Sold and intended to
be conveyed were misdescribed in both deeds of Conveyance above
mentioned and instead of giving the numbers of the land Correctly,
the land was described As follows to wit “The East half of Lots two
and three of section No. 1 and the East half of Lot No. two of the
North East quarter of Section No. two in Township No. Thirty Nine of
Range No. Twenty five. And the Court further finds from the evidence
that at the time of the making and acknowledging of the deeds
aforesaid that the Said John Flippe And Francis M. Allen never were
the owners of the land misdescribed in said deeds of conveyance, and
Set forth in petition of plaintiff. In Consideration of the premises
it is ordered adjudged and decreed by the Court here, that said
deeds of conveyance made by John Flippe & Elizabeth Flippe his wife
and Francis M. Allen and Matilda Allen his wife be reformed and the
mistakes in the same be corrected, that the said Deed of Conveyance
from said John Flippe and Elizabeth Flippe, to Francis M. Allen
shall hereafter be taken understood and in law Convey to Said
Francis M. Allen the following lands to wit “The West half of Lots
two and three of the North West quarter of Section No. one in
Township No. Thirty Nine of Range No. Twenty five containing 38
76/100 acres, and also the East half of Lot [corner of page torn]
Page 170:
September Term 1860
of the North East quarter of Section No. Two in Township No. Thirty
Five of Range No. Twenty five Containing 39 16/100 Acres, and that
the deed of Conveyance above mentioned made by Francis M. Allen and
Matilda Allen to Erastus R. Barnes, shall hereafter be taken
understood and in law convey to the said Erastus R. Barnes the Same
lands last above described. And it is further ordered adjudged and
decreed by the court here that the Said John Flippe and Elizabeth
his wife and the Said Matilda Allen be divested of all right title
interest claim estate and property of in and to the lands last above
described and that the same be vested in plaintiff fully and
Completely free from the Claim or claims of each and all of Said
Defendants And it is further ordered that Said plff pay the costs of
this suit.
Ordered that court adjourn until tomorrow morning 8 oclock. F.P.
Wright
Thursday Morning September 6th 1860 Court met pursuant to
adjournment Present as on yesterday.
Thomas W. Freeman Circuit attorney being absent It is ordered by the
Court that William J. Mayo be appointed circuit attorney Protem.
William Dehen – Plff
Against
Lydia Dehen – Deft
Petition for Divorce
Now at this day Comes the plaintiff by his attorney and files herein
his petition verified by his affidavit and it appearing from the
said affidavit that the Said defendant is a non-resident of the
State of Missouri. It is therefore ordered by the court that said
defendant be notified of this action by publication as follows: To
Lydia Dehen the above named defendant you are hereby notified that
said plaintiff has filed his petition and commenced suit against you
in the Circuit Court of St. Clair County in the State of Missouri
the object and general nature of which is to obtain from said Court
a Judgment and decree for a divorce from the
Page 171:
September Term 1860
bonds of matrimony heretofore contracted between said plaintiff and
defendant And that unless you be and appear before the Judge of Said
St. Clair Circuit Court at the Court house in the Town of Osceola at
the next term of said court to be begun and held on the first Monday
in March next and on or before the third day of said term file
answer or demur to said petition the same will be taken as confessed
by you It is further ordered that a copy of this order be published
in the Osceola Democrat as the law requires.
Christopher E. Shelton – Plff
vs
Thomas Martin and Austin D. McClain – Defts
Civil action on note 6 per ct.
Now at this day Comes the Said plaintiff by his attorney and
dismisses this Suit as to the said Defendant Thomas Martin.
And it appearing from the return of the Sheriff of St. Clair County
Missouri that the defendant Austin D. McClain has been duly served
with process in this cause by copy more than fifteen days before the
first day of this term of this Court. And said plaintiff demanding a
trial and this action being founded on a promissory note for the
direct payment of money and the said defendant Austin D. McClain
being three times solemnly called Comes not but makes default and
there being no answer filed to said plaintiffs petition whereby the
said action remains against the said defendant Austin D. McClain
undefended wherefore Judgment ought to be rendered for want of
answer. And the Court here doth find that the said defendant Austin
D. McClain is Justly indebted to the said plaintiff in the sum of
one hundred and Five dollars and fifty six 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 $105.56 for his debt so found due by the court as aforesaid
together with his costs in this behalf laid out and expended and
that Execution Issue therefor.
Page 172:
September Term 1860
It is ordered by the court that all pleadings be filed by two oclock
this day PM to be acted on at this term of this court.
David M. Hitchcock, Charles Beadsley & Benjamin Joy – Plffs
vs
Columbus Hahn – Deft
Civil Action on note 10 per cent
Now at this day comes the said plaintiffs by their attorney and it
appearing from the return of the Sheriff of St. Clair County
Missouri that the defendant has been duly served with process in
this Cause by copy more than fifteen days before the first day of
this term of this Court. And Said plaintiffs demanding a trial and
this action being founded on a promissory note for the direct
payment of money and the said defendant being three times Solemnly
Called Comes not but makes default and there being no answer filed
to Said Plaintiffs petition Whereby the said action remains against
the said defendant undefended wherefore judgment ought to be
rendered for want of Answer.
And the Court here doth find that the Said Defendant is Justly
indebted to the said plaintiffs in the Sum of Seven Hundred and
Sixteen dollars And Six cents, on Said note and interest due
thereon. It is therefore Considered by the Court that said
plaintiffs have and recover against the said defendant the said sum
of $716.06 cents for their debt So found due by the Court as
aforesaid together with their Costs in this behalf laid out and
Expended and that Execution Issue therefor.
Sophia Ami. E. Edwards
vs
John Edwards
Petition for Divorce
Now at this day comes the Said plaintiff and it appearing to the
Court that the Said defendant has been duly served with process more
than fifteen days before the Commencement of this term of this court
and though the time for answering under an order of this Court
having Expired yet the Said defendant though three times solemnly
Called Comes not but here makes default, nor has he filed any answer
whereby the said petition remains undefended – and the Court
Page 173:
September Term 1860
having proceeded to hear the proof of the allegations doth find that
the Said plaintiff has resided in said St. Clair County more than
one year before the commencement of this Suit, that plaintiff &
defendant were legally married to each other on the 9th day of March
1860 that afterwards on or about the 4th day of July 1860 in said
County without any cause defendant offered such indignities to
plaintiff as to render her condition in life intolerable by his then
and there attempting to shoot her with a gun & by then and there
violently striking her in the mouth with his fist & otherwise
abusing and Cursing her the Court further finds that the plaintiff
is the injured & innocent person therefore a divorce as prayed for
in said petition ought to be granted and it is therefore ordered
adjudged and decreed that the bonds of Matrimony existing between
plaintiff and defendant be dissolved and that plaintiff be restored
to all the rights of a single person and it is also Considered that
after the decree shall be made final each party be permitted to
Marry again and that unless the Said defendant be And appear at the
next term of this court & show cause to the Contrary this Judgment &
decree will then be made final.
Anderson J. Evans – Plff
vs
Felix Lewellen & others – Defts
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
defendants have leave to file their Answer to said plaintiffs
petition in vacation of this Court 60 days before the first day of
the next term of this Court.
The State of Missouri to use of William K. Johnson and William Doak
– Plaintiffs
vs
Thomas Copenhaver wherein Jacob Copenhaver is Garnishee
Execution & Garnishee
The said Jacob Copenhaver having filed herein his answer wherein he
admits his indebtedness to said Thomas Copenhaver in the Sum of
eighteen dollars and Sixty one cents and the Court allows said
garnishee the Same as one dollar and fifty cents for his trouble
Page 174:
September Term 1860
expense in making Said answer leaving the sum of Seventeen dollars
and Eleven Cents in the hands of Said Garnishee which last mentioned
amount the Court directs shall be paid over to said William K.
Johnson and William Doak and the plaintiffs have & if the same is
not done within thirty days It is ordered and adjudged by the Court
here that an execution Issue for the same.
State of Missouri
vs
Israel Wilson
Attachment for failing to appear as witness
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and says he will not further
prosecute this case but dismisses the Same.
State of Missouri
vs
Thomas Dudley & Frances Dudley
Attachment for failing to appear as witnesses
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and says he will not further
prosecute this case but dismisses the same.
The State of Missouri to the use of William K. Johnson & William
Doak – Plffs
vs
Thomas Copenhaver wherein Richard Wamock is Garnishee
Executions & Garnishment
The said Richard Warnock having filed herein his answer wherein he
admits his indebtedness to said Thomas Copenhaver in the sum of
Eleven dollars and seventy eight cents and the court allows said
garnishee the sum of one dollar and fifty cents for his trouble and
expense in making said answer leaving the Sum of $10.28 in the hands
of said Garnishee which last mentioned amount the court directs
shall be paid to the said William K. Johnson and William Doak and it
is ordered by the court that plaintiffs have and recover thereof and
if the same is not done within thirty days It is ordered and
adjudged by the court here that an Execution Issue for the same.
Page 175:
September Term 1860
Horatio Short and Nancy Short – Plffs
vs
Thomas Short & others – Defts
Now at this day comes the said plaintiffs by their attorney and
files herein the affidavit of E.D. Murphy publisher of the Osceola
Democrat that the order of publication made by the Clerk of this
court in vacation notifying the defendant Newton H. Bray of the
commencement of this suit and the general nature thereof had been
duly published in the Osceola Democrat a newspaper printed and
published in the Town of Osceola in the county of St. Clair and
State of Missouri for four consecutive weeks the last insertion
being more than four weeks before the first day of this term of this
court and it being suggested to the court that Elizabeth E. Short,
Virginia C. Short, Malissa F. Short and John Short who are
defendants to this suit are each and all minors under the age of
twenty one years It is therefore ordered by the court that George H.
Vaughan attorney at law be appointed guardian Adlitem for each and
all of said minor defendants And the said George H. Vaughan being in
court here accepts said appointment and files herein the answer of
said minor defendants.
Elleanor Childs – Plff
vs
William Childs – Deft
Petition for divorce
Now at this day comes the said plaintiff by her attorney and it
appearing from the affidavit of E.D. Murphy publisher of the Osceola
Democrat that the order of publication made by the clerk of this
court in vacation notifying the said defendant of the commencement
of this suit and the general nature thereof has been duly published
in the Osceola Democrat a newspaper printed and published in the
Town of Osceola in the county of St. Clair and State of Missouri for
four consecutive weeks the last insertion being more than four weeks
before the first day of this term of this court And the said
defendant being three times Solemnly called comes not but makes
default and there being no answer filed to said plaintiffs petition
Page 176:
September Term 1860
And the time for filing pleadings having expired whereby the said
action remains against the said defendant undefended whereby
Judgment ought to be rendered for want of answer And said petition
being seen heard and fully understood by the court here It is
considered by the court that said plaintiff recover against the Said
defendant for the matters complained of in his said petition And it
is ordered by the court that this cause be continued until the next
term of this court at which time unless the said defendant appear
and show good cause to the contrary Said Judgment will then be made
absolute and final.
William Foster – Plff
vs
Samuel Bryson – Deft
Civil action and attachment
Now at this day comes the said plaintiff by his attorney and on his
motion It is ordered by the court that the Sheriff of St. Clair
County sell a certain black horse now in his possession which was
levied on by the Sheriff of Vernon County by virtue of a writ of
attachment in this cause said horse to be advertised and sold as
other personal property levied on by execution. And It is further
ordered that the Sheriff of St. Clair county be allowed the Sum of
Six dollars for Keeping a certain clay bank Perry horse heretofore
sold by him in this cause.
Rachel J. Rice – Plff
vs
William Gardner – Deft
Execution
It is ordered by the court that the Sheriff of St. Clair county be
allowed the sum of Three dollars for Keeping a certain brown mule by
him levied on and sold by virtue of said execution.
William Brown & others – Plffs
vs
Benjamin Brown & others – Defts
Petition for partition
Now at this day comes the said plaintiffs by their attorney and
suggests to the court that the following named defendants to said
suit are each and all minors under the age of 21 years To wit Peter
Greenwell, Napoleon Greenwell, Gilly Greenwell, Mary Greenwell,
Isabel Greenwell, Ruthnell Greenwell
Page 177:
September Term 1860
Young J. Greenwell and Andrew Greenwell, James W. Overshiner, Ellen
C. Overshiner & Mary Overshiner, Martha Phillips and James Phillips,
Susan Offutt, Nancy Offutt & John Offutt, Catharine Wright, Charles
F. Moran, William Moran, John Moran, Martha Moran, Fisher Moran &
Elizabeth Moran whereupon It is ordered by the court that William A.
McClain attorney at law be appointed Guardian Adlitem for each and
all of said minor defendants and the Said William A. McClain being
in court accepts said appointment and files herein the Answer of
said minor defendants.
William M. Walker – Plff
vs
William Foster – Deft
Civil action
Now at this day comes the parties by their attorneys and by
agreement of the parties It is ordered by the court that the Said
Defendant have leave to file his answer to said plaintiffs petition
Ninety days before the first day of the next term of this court.
John F. Weidemeyer & John M. Weidemeyer – Plffs
vs
Samuel Bryson – Deft
Civil action & attachment
Now at this day comes the said plaintiffs by their attorney and It
appearing from the return of the Sheriff of St. Clair county that
said defendant has 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 deft being three times solemnly called comes
not but makes default and there being no answer filed to said
plaintiffs petition and the time for filing pleadings having expired
whereby the said action remains against the said defendant
undefended wherefore Judgment ought to be rendered for want of
answer It is therefore considered by the court that the said
plaintiffs recover against the said defendant for the matter
complained of in their 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 inquired of and unless the 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.
Page 178:
September Term 1860
William D. Barkley & James E. Barkley – Plffs
vs
Martin S. Copenhaver & Daniel Parkham – Defts
Civil Action & Attachment in aid thereof
Now at this day comes the said plaintiffs by their attorney and It
appearing from the return of the Sheriff of St. Clair County that
Each of said defendants has been duly Served with process in this
Cause by copy more than fifteen days before the first day of this
term of this Court. And the said defendants being three times
Solemnly called comes not but makes default and there being no
answer filed to the said plaintiffs petition and the time for filing
pleadings having Expired whereby the Said Action remains against the
said defendants undefended, wherefore Judgment ought to be rendered
for want of answer. It is therefore considered by the court that the
said Plaintiffs recover against the said defendants the matters
complained of in their 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 inquired of and unless the said
defendants then appear and show good cause to the Contrary said
Judgment will then be made absolute and final.
Ordered that court adjourn until tomorrow morning 8 oclock. F.P.
Wright Cir Judge
Friday morning September 7th 1860 Court met pursuant to adjournment.
Present as on yesterday.
William H. Trolinger – PLff
Against
Penelope W. Eckols, Susannah W. Eckols & Mary Eckols – Defts
Civil Action to obtain title to real estate and for partition
Now at this day comes again here into Court said plaintiffs by their
attorney as well as the Said Penelope W. Eckols in his own proper
person and it being Suggested to the Court here by the plaintiff
that Susannah Eckols Since the last term of this court has departed
this life and that all her interest in the matter in Controversy has
reverted
Page 179:
September Term 1860
or vested in her Sister Mary, and mother Penelope W. Eckols who are
defendants and it being further Suggested to the Court here that the
Said Mary Eckols was a minor within the age of twenty one years
thereupon the Court appoints George H. Vaughan Esqr an attorney of
this court her Guardian adlitem, who being in court accepted said
appointment and consented to act, and filed the answer for the said
Mary Eckols, and all said parties being present in court here
consented and agreed that said Cause should be tried and determined
at the present term of this Court and said parties being ready for
the trial of said Cause, the same was Submitted to the court here
upon the petition and answer of the said Mary Eckols, the said
Penelope being in Court here and having filed no answer whereby said
action as to her remained undefended, and the Court here after
hearing the proofs in this Case, the Court doth find the issues for
the plaintiff, and that he is entitled to the relief prayed for in
his said petition, it is therefore considered by the Court here and
the Court here doth order adjudge and decree that the said plaintiff
in the lifetime of the said Bazabel W. Eckols having purchased of
One Thomas M. Arnett all his right title and interest in Certain
tracts parcels or lots of land lying and being in said County in
Monigan City to wit Lot No. three in Block No. five also the North
half of lot No. four in Block No. five which said Eckols had before
said plaintiffs purchase sold to said Arnett but had not Executed
any deed therefor, and said plaintiff having paid for the Same with
the Said Eckols & Arnetts consent and said plaintiff also having
purchased one of Thomas Walton the South half of the lot last
mentioned which he the Said Walton had purchased before said
plaintiffs purchase of the said Bazabel W. Eckols but the said
Eckols had not Executed therefor and said plaintiff having paid said
Eckols therefor, and said plaintiff according to agreement and taken
possession thereof being entitled to a deed for title to said lots
of land the Court here doth order adjudge and decree that all the
right title claim and interest that the said Bazabel W. Eckols had
at the time of his death in law or equity or that said defendant
Page 180:
September Term 1860
Or either of them have in or to said lots No. three and four in
Block No. five be divested from and out of Said defendants and fully
vested in said plaintiff his heirs and assigns forever, and the
Court being satisfied that Said plaintiff should have a decree for a
title to one conditioned tenth part of Certain lots of land in
Monigan City in said County to wit Lot one in Block six lots four
and Seven and lots two and seven in block 8 also Lots four and six
in Block nine also lots four and six in Block ten, also Lot three in
Block Eleven and lot five in Block twelve. It is therefore
considered by the Court here that all the right title interest claim
and demand either at law or in equity that the said Bazabel W.
Eckols or said defendant have in and to one undivided tenth part of
said lots, be divested from and out of them and vested in said
plaintiff his heirs and assigns forever. Except the right of dower
that the said Penellope W. Echols would have to said lots as the
widow of the said Bazabel W. Eckols and the Court here doth find
that the said Penelope W. Eckols is entitled to dower in all of said
lots or parcels of land it being the use of one third for and during
her natural life, and the court doth further find that the Said Mary
Eckols is entitled to nine undivided tenth parts, and said plaintiff
to one undivided tenth part of said Several parcels of lots of land
Except Said lots No. 3 & 4 in Block 5 Subject to the widows dower
Aforesaid. And said plaintiff having also prayed for an assignment
of dower of the said Penelope, and a partition of said real Estate
according to their respective rights and said parties consenting
thereto, it is ordered adjudged and decreed that dower in all of
said real Estate in this decree mentioned be assigned and admeasured
to the said Penelope W. Eckols and that Division and partition be
made among and between the said Mary Eckols and said plaintiff of
all of said real Estate Except said lots No. three and four in Block
No. five of which said plaintiff is the sole and absolute owner of
Subject only to said dower in the Same, and the Court here appoints
Amos Groom, Theodrick Snuffer and John Bedell Commissioners to
assign and admeasure said dower to the Said Penelope W. Eckols and
to make partition of the real estate according to this
Page 181:
September Term 1860
decree among and between the plaintiff and the Said Mary Eckols and
said plff shall pay all the costs of this Suit up to the time of
this decree, and the residue of the costs in assigning dower and
making partition shall be paid by said parties in proportion to
their interests in said real estate.
Thomas Coulthard – Plff
against
Esther Coulthard, Andrew Yonce and Esther Yonce his wife, James
Rickey and Tannar Rickey his wife, Joseph Sloss and Margarett Sloss
his wife, John Hodgson and Mary Hodgson his wife, Adam C. Coulthard,
Mary Jane Coulthrd, John Thomas Coulthard, Jacob Coulthard by his
Guardian William F. Beard – Defts
Petition for partition & Sale of Real Estate
Now at this day comes again here into Court Said plaintiff by his
attorneys as well as Adam C. Coulthard, Mary Jane Coulthard and John
Thomas Coulthard infants by William J. Mayo their Guardian adlitem
and Jacob Coulthard a lunatic by William F. Beard his Guardian
appointed by the County Court of St. Clair County in the State of
Missouri and the Said Esther Coulthard, Andrew Yonce & Esther Yonce
his wife, James Rickey and Tannar Rickey his wife, Joseph Sloss and
Margarett Sloss his wife, John Hodgson and Mary Hodgson his wife
being three times Solemnly Called Comes not but make default And it
Appearing to the Court here that they have been duly served with
process more than fifteen days before the first day of the last term
of this Court and they having failed to file any answer said
plaintiff action whereby as to them said action remains undefended,
wherefore it is considered by the Court that the plaintiff recover
Judgment by default against them for the matters alledged and
complained of against them in said petition. Now as if said Judgment
by default had been rendered at the last term of this Court and said
plaintiff by his attorney being how here in court as well as the
said Adam C. Coulthard, Mary Jane Coulthard
Page 182:
September Term 1860
And John Thomas Coulthard infants and the said Jacob Coulthard
lunatic by their respective guardians and said parties consent that
said Cause be heard and determined at the present term of this Court
and said parties being ready for trial of said Cause the Same by
their Consent and agreement was Submitted to the Court upon the
pleadings Exhibited and proofs in the Cause and the Court here after
hearing the Same, and the Same being seen heard and fully understood
by the court. The Court doth find that about the month of January AD
1859 One Adam C. Coulthard departed this life in said County
intestate, and died seized and possessed of the undivided sixth
ninths of the following three tracts of land or real estate in said
County To wit The North West quarter of the South East quarter of
Section No. Thirty one Township No. Thirty nine Range No. Twenty
Seven Containing forty acres, And the South West quarter of the
South East quarter of Section No. Thirty one in Township No. Thirty
nine Range twenty seven Containing 40 Acres and the East half of lot
No. two of the North West fractional quarter of section No. five in
Township No. Thirty Eight Range No. twenty Seven Containing 42
49/100 acres. And the Court doth further find that Esther Coulthard,
James Rickey, in Right of his wife Tannar Rickey and Jacob Coulthard
are entitled to the other three ninths or one ninth each they being
the heirs of John Coulthard deceased, who was a brother of the said
Tanner, Jacob and Adam C. Coulthard deceased he the said Adam C.
Coulthard deceased having purchased of the other heirs of the said
John Coulthard deceased their respective shares or interest. And the
court here doth further find that the said Adam C. Coulthard
deceased also died Seized and possessed of the entire title and
interest in two certain other tracts of land lying and being in said
County to wit lot No. two in the North West quarter of Section No.
Eighteen in Township No. Thirty nine of Range No. twenty Seven
containing 72 & 24/100 acres of land. Also the West half of lot No.
one in the North East quarter of Section No. five in Township No.
thirty Eight of Range twenty Seven Containing thirty nine Acres all
of Said lands being in Said County. And the Court doth
Page 183:
September Term 1860
Further find that the said Adam C. Coulthard Deceased at the time of
his death left the following persons his heirs to wit Esther
Coulthard his mother the above named defendant who is entitled first
to one ninth of the first three tracts as heir of the said John
Coulthard deceased and one Eighth of the residue of the whole estate
of the said Adam C. Coulthard deceased. And the court doth further
find that said defendant James Rickey in right of his wife Tannar
(the said Tannar being a Sister of the said John Coulthard deceased
and also of the said Adam deceased) is entitled first to one ninth
of the first three tracts of land, and one eighth of the residue of
the whole of the estate of the Said Adam C. Coulthard deceased. And
the Court doth further find that the Said Jacob Coulthard who is a
brother of the said John and Adam C. deceased is entitled first to
one ninth of the first three tracts of land as the heir of said John
Coulthard deceased and to one Eighth of the residue of the whole
Estate of the said Adam C. Coulthard deceased. And the Court doth
further find that the said Andrew Yonce in right of his wife Esther
who is a Sister of the said John Coulthard & Adam C. deceased is
entitled to one Eighth part of the two last mentioned tracts of
land, and one Eighth part of Six ninths of the first three tracts.
And the Court doth further find that Joseph Sloss in right of his
wife Margarett, the said Margarett being a Sister of the Said Adam
C. Coulthard Deceased and also of the said John, is entitled to one
Eighth part of the two last mentioned tracts of land and to one
Eighth of Six ninths of the first three tracts. And the Court doth
further find that the said John Hodgson in right of his wife Mary,
the Said Mary being a Sister of the Said Adam C. deceased is
entitled to one Eighth part of the two last described tracts of
land, And one Eighth part of Six ninths of the first three tracts of
land above described. And the Court doth further find that the said
defendants, Adam Coulthard, Mary Jane Coulthard and John Thomas
Coulthard (children of Joseph Coulthard deceased the said Joseph
being a brother of the said Adam C. Coulthard deceased and of the
Said John deceased.) Jointly are entitled to one Eighth of the two
last mentioned tracts and one Eighth of Six ninths of the
Page 184:
September Term 1860
first three tracts above described. And the court here doth further
find that Said Thomas Coulthard plaintiff is a brother of the said
John Coulthard and Adam C. Coulthard deceased and that the said
Thomas Coulthard plaintiff is entitled to one Eighth of the two last
tracts of land above described, and to one eighth of Six ninths of
the first three tracts above described. And the court doth further
find that from the nature and amount of said real estate sought to
be divided, and the number of owners thereof, that partition thereof
in Kind Cannot be made without great prejudice to Said owners. In
Consideration of the premises the Court here doth order adjudge and
decree that partition of Said real estate be made among and between
Said plaintiff and defendants according to their respective interest
and rights as herein before ascertained and Settled. But the Court
having found and being Satisfied that said real Estate cannot be
partitioned in Kind without great prejudice to said parties it is
further ordered adjudged and decreed that the whole of said real
Estate be sold by the Sheriff of Said County according to the
Statute in Such Case made and provided for one fourth Cash in hand
and the residue on accredit of twelve months, taking bond with good
Security and out of the proceeds of Said Sale first pay the whole
Costs of this Suit and the Expense of the sale and pay over the
residue to the parties to this suit according to their respective
shares as herein before Settled and ascertained and the court here
doth allow Johnson and Ballou attorneys in this case a fee to the
amount of Seventy five dollars to be taxed and paid as other costs
the amount of said fee having been agreed upon by written Contract
and it is further ordered by the Court here that the Sheriff Sell
the first three tracts of land in the decree specified Separate from
the other two tracts So that a partition or division of the proceeds
may be divided in conformity with this decree.
Page 185:
September Term 1860
Joseph S. Herndon Guardian of Winfield S. Walton
vs
Alaska Winchester & Martha Ann Winchester his wife
Petition for assignment of Dower
Now at this day comes the Said parties by their respective attorneys
and this Cause Coming on to be heard upon the petition answer and
evidence in the Cause and the same being Submitted to the Court for
trial and after hearing the evidence, the Court doth find that Said
John Walton departed this life on or about the [space] day of
October 1857 Seized and possessed of the following real Estate lying
and being situate in Said St. Clair County State of Missouri to wit
E ½ lot No. 2 NE qr W ½ lot No. 1 NW qr W ½ SW qr & NE qr all in
Section No. 3 Township No. 38 Range No. 27 Containing in all 209
18/100 acres. And that the Said John Walton left at the time of his
death the following persons his heirs to wit the said Winfield S.
Walton a Son and Sarah Elizabeth Walton an infant daughter and also
the said Martha Ann his widow Since intermarried with the said
Alaska Winchester and the Court further finds that after the death
of the said John Walton to wit on or about the [space] day of
December 1857 the said Sarah Elizabeth Walton departed this life
leaving the said Martha Ann Winchester her mother and the said
Winfield S. Walton her brother joint owners of her share of said
Estate. And the court further finds that said Martha Ann Winchester
as widow of said John Walton deceased is also entitled to dower in
said lands. It is therefore considered and adjudged by the court
that the said Martha Ann Winchester be endowed and Seized of one
third part of Said real estate, to have and to hold for and during
her natural life And that Robert L. Sproull, S.C. Bruce and Joshua
Rickman be appointed Commissioners to lay off & admeasure & assign
said dower & Report to this court at the next term.
Page 186:
September Term 1860
Lucy E. Devin by her Guardian Lawrence Lewis – Plff
Against
Richard B. Devin – Deft
Petition for Partition & Commissioners Report
Now at this day comes again the said parties by their attorneys, and
Uriah L. Sutherland, Benjamin C. Bratcher and Thompson Jackson the
Commissioners appointed by this court to make partition of the real
Estate belonging to said Plaintiff and defendant Comes into Court
here and presents to the Court their report of their proceedings in
relation thereto. And it appearing to the Court that Said
Commissioners have made said partition and division of said real
estate 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. It is therefore
considered by the Court that Said Report be approved and filed and
Recorded herein which is as follows To wit
“State of Missouri
County of St. Clair ss The undersigned Uriah L. Sutherland, Thompson
Jackson and Benjamin C. Bratcher having been appointed by the
Circuit Court of said County, Commissioners to make partition of the
real Estate belonging to Lucy E. Devin and Richard B. Devin
according to the interest of each, as set forth in the decree of
said Court for partition of said Real 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.
Uriah L. Sutherland
B.C. Bratcher
Thompson Jackson his X mark
Commissioners
Subscribed and Sworn to before me this 4th day of September AD 1860.
James W. Beck clerk
State of Missouri
County of St. Clair ss The undersigned Uriah L. Sutherland, Thompson
Jackson and Benjamin C. Bratcher having been appointed by the
Circuit Court of said County. Commissioners to make partition of the
real Estate belonging to Lucy E. Devin and Richard B. Devin
according to the interests of each as set forth in the decree of
said Court for partition of Said real Estate. Respectfully Report to
said Court that we find belonging to said Lucy E. Devin and Richard
B. Devin the following described real estate, situated in the County
& state aforesaid To wit.
Page 187:
September Term 1860
| |
Section |
Township |
Range |
Acres |
The North East
quarter of the North East
Quarter and the South West quarter of
The North East quarter |
33 |
37 |
25 |
80 |
And the North West
quarter of the North
West quarter |
34 |
37 |
25 |
40 |
Also the South
East quarter of the South
East quarter |
21 |
37 |
25 |
40 |
And the South half
of the South West
quarter |
22 |
37 |
25 |
80 |
And the north half
of the North West
quarter |
27 |
37 |
25 |
80 |
And the north East
quarter of the North
East quarter |
28 |
37 |
25 |
40 |
Making in all Three hundred and Sixty acres and we have made
partition of said Real Estate as follows To wit:
To Richard B. Devin
| |
Section |
Township |
Range |
Acres |
The north East
quarter of the north East
quarter and the South West quarter of
the North East quarter |
33 |
37 |
25 |
80 |
And the north West
quarter of the
North West quarter |
34 |
37 |
25 |
40 |
Valued at $800.
To Lucy E. Devin
| |
Section |
Township |
Range |
Acres |
The South East
quarter of the South East
quarter |
21 |
37 |
25 |
40 |
And the South half
of the South West
quarter |
22 |
37 |
25 |
80 |
And the north half
of the North West
quarter |
27 |
37 |
25 |
80 |
And the north East
quarter of the North
East quarter |
28 |
37 |
25 |
40 |
Valued at $600
All of which is Respectfully Submitted.
Given under our hands and Seals this fifth day of September 1860.
Uriah L. Sutherland (Seal)
B.C. Bratcher (Seal)
Thompson Jackson his X mark (Seal)
Commissioners Fees
U.L. Sutherland 2 days $3
B.C. Bratcher 2 days $3
Thompson Jackson 2 days $3
State of Missouri
County of St. Clair ss
Be it remembered that Thompson Jackson, Benjamin C. Bratcher & Uriah
L. Sutherland who are personally Known to the undersigned Clerk of
the Circuit Court of the County and State aforesaid to be the
persons
Page 188:
September Term 1860
whose names are Subscribed to the 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 6th day of September AD 1860.
James W. Beck Clerk
And it is further ordered adjudged and decreed by the Court here
that Said Partition and Division of said real estate be firm and
effectual between said parties forever.
Daniel P. Todd and Isaac Todd – Plaintiff
Against
Stanton Todd, Talton Todd, Thomas Todd, James H. McKinley and Sarah
C. McKinley, Minerva F. Todd, Serena Todd, Lucy Ann Todd, Robert G.
Todd and Elzira W. Todd – Defts
Civil Action for Partition and Sale of Real Estate
Now at this day again comes the plaintiffs by their attorney and it
appearing to the Court from the return of the Sheriff of St. Clair
County Missouri that each and all of said Defendants had been duly
served with process in this Case more than twenty days before the
first day of the last term of this Court and the Said James H.
McKinley and Sarah D. McKinley though three times solemnly Called
Comes not but make default, it is
Page 189:
September Term 1860
therefore Considered by the Court that plaintiffs have and recover
against Said James H. McKinley and Sarah C. McKinley Judgment by
default for the matters and things alledged and complained of in
said partition as to them and it being suggested to the court that
all the other Defendants to this suit are minors under the age of
twenty one years without legal Guardians, Therefore the court doth
appoint William A. McClain Guardian ad litem for said infants
defendants, and the said William A. McClain being in Court Consents
to act and filed the answer of said Stanton Todd, Talton Todd,
Minerva F. Todd, Serana Todd, Lucy Ann Todd, Robert G. Todd & Eliza
Todd minors defendants to this Suit, and all parties being ready for
trial the Cause is Submitted to the Court, and after hearing the
evidence, the Court finds that John P. Todd departed this life
intestate in the year 1859 Seized & possessed of the following
described Real Estate to wit “The West half of the North East
quarter of Section No. 18 Township No. 37 of Range No. 26 Containing
80 Acres, that he left as heirs at law the following named persons
To wit David P. Todd his Father, Isaac Todd, Stanton Todd, Talton
Todd and Thomas Todd his brothers and Sarah C. McKinley
(intermarried with James H. McKinley), Minerva F. Todd and Serena
Todd his Sisters, and said father brothers and Sisters last above
named are each entitled to two undivided nine tenths of the real
Estate aforesaid that said John P. Todd dec’d also left one brother
and two sisters of the half blood To wit Robert G. Todd, Lucy Ann E.
Todd and Eliza W. Todd, who are each entitled to one undivided nine
tenth part of said real estate, the Court further finds from the
number of owners and the nature and quantity of the real estate
aforesaid that the said Real Estate Cannot be divided in kind among
& between the owners thereof without great prejudice to their
rights. In consideration of the premises it is therefore ordered
adjudged and decreed by the Court here that Judgment of partition be
had made and rendered of the real Estate aforesaid among and between
the parties entitled thereto according to their respective rights
and interest as above found and Set forth and it further appearing
to the court that said real estate Cannot be divided in Kind, it is
therefore ordered by the court that the sheriff of St. Clair
Page 190:
September Term 1860
County proceed to sell said Real Estate to the highest bidder,
requiring one fifth of the purchase money paid in hand, and the
remainder on a credit of Twelve months and after paying all costs
and expense of this suit, then to pay over the remainder to the
plaintiffs and defendants to this suit according to the respective
rights and interests as above found and sets forth and it appearing
to the court from a written agreement filed in this Cause that the
parties have agreed that the court fix the amount of fee in this
cause to be allowed Johnson & Ballou for bringing that suit. It is
ordered by the Court that they be allowed the sum of Twenty five
Dollars to be taxed and paid as other costs.
The Grand Jury returns into Court and by their foreman in presence
of the whole body of Grand Jurors presented the following bills of
Indictment To wit
One against Reason Pritchard and Nicholas M. McMenic for disturbing
peace of family.
One against Broudis G. Roberts for failing to keep road in repair.
One against Ralph C. Brooks for opening sealed Letter.
One against John M. Wright for Petit larceny.
One against George W.B. Calvird for failing to Keep road in repair.
One against Cyrus Snuffer & C.S. Snuffer, James S. Thompson & David
Thompson for disturbing peace of family.
One against J.W. Watts & Benjamin Caton for running horses on
highway.
One against James Ditty, Saml Ditty, Joseph Ditty, Francis Sproull,
Cyrus Sproull, James Hodgson, Isaac Boots, Sylvester Willey, H.
Cockerell & Felix Lewellen for Riot & unlawfully assembly to destroy
property.
One against Wm. W. Wilkerson for malicious injuring property.
One against R.C. Bowles for selling liquor on Sunday.
One against Mordecia Scrutchfield for bringing Noxious animals in
the state.
One against [space] for [space].
One against [space] for [space].
Page 191:
September Term 1860
One against [space] for [space].
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 upon all indictments found at this term of
this court returnable to next term.
William L. Vaughan & Waldo P. Johnson – Plffs
Against
Jacob Saylor Garnishee as a Debtor of James Davis – Deft
Garnishee on Attachment
Now at this day comes again here into Court said parties by their
respective attorneys and both parties being ready for the trial of
said Cause the same by the Consent of said parties was Submitted to
the Court Upon the pleadings and proof of the parties and the Court
here after hearing the same doth find that said promissory note
mentioned in the answer of said Defendant Saylor to the third
Interrogatory of said plaintiff. Executed on the 29th day of January
AD 1860 payable to Samuel D. Peirce one day after date for the sum
of Three Hundred and fifty dollars in sadelry and Harness is the
property of James Davis the defendant in the Suit Commenced by
attachment by plaintiffs against said Davis and in which he the said
Saylor is guarnishee as aforesaid and the Court doth further find
that said note was promised to be Executed by the said James Davis
and Samuel D. Pierce to the said Pearce for the purpose and with the
interest of the said Davis and Pearce to hinder delay and defraud
the Creditors of the said Davis out of their Just, demands that the
Consideration of said note was property that belonged to the said
Davis and at the time of the Execution of said note nor at any time
after and before the said Saylor and the said Pearce were Summoned
as Guarnishee and the said Davis in debted to said Pearce any
amount. Wherefore in Consideration of the premises it is ordered and
adjudged by the Court here that the said Saylor owed said promissory
note to the said Davis and not to the said Pearce and that the said
Saylor pay the amount now remaining unpaid upon said note to wit the
Sum of 192 73/100 dollars to said plaintiff or the sheriff of said
County within ten days and that in default thereof that said
plaintiff have and recover of the said Jacob Saylor the sum of One
hundred & 92 & 73/100
Page 192:
September Term 1860
and Execution issue therefor.
William L. Vaughan & Waldo P. Johnson – Plff
against
Samuel D. Pearce Guarnishee as a Debtor & of James Davis – Deft
Guarnishee on Attachment
Now at this day comes again here into Court said parties by their
attorney And said plaintiffs being ready for trial of this cause and
Submitted to the court upon the pleadings and proofs of said parties
and the same being Seen and heard and fully understood by the court
here the court doth find the issues for the plaintiffs and that said
note Executed by Jacob Saylor for the Sum of three hundred and fifty
dollars dated on or about the 29th day of January AD 1860 payable
one day after date and to be paid to the said Samuel D. Pearce in
Sadelry and harness work which said note is mentioned in said
defendants answer is the property of the said James Davis the
defendant in said suit by attachment in which the said Pearce and
Saylor were both Summoned as guarnishees and the Court doth further
find that said note was promised to be Executed by the said Davis
and Pearce payable to the said Pearce for the purpose and with the
intent to hinder delay and defraud the Creditors of the said Davis
out of their Just demands when the said Davis was not indebted to
the said Pearce in any amount and the court doth further find that
said note was due in fact to the said Davis and he was entitled to
the amount and property due them from the said Saylor and the court
doth further find that said note is in the hands of the said Pearce
defendant in this suit and that there is still due on said
promissory note the sum of three hundred and fifty dollars and
interest from Jan’y 30th 1860 & at the time of the Guarnishee and
the Court here doth order that the said Pearce deliver over Said
note to the Sheriff of St. Clair County in 24 hours. In default
thereof it is considered by the Court here that said note for the
amount of the debt and Costs received by the said William L. Vaughan
& Waldo P. Johnson against the said Davis in which the said Pierce
is summoned as a guarnishee be cancelled and that the said Pearce
and his assignees be restrained from Collecting the same from Said
Saylor.
Page 193:
September Term 1860
Joseph H. Green
vs
Morgan H. Cleveland
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 John T. McClain 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 South East quarter of
the North East quarter of Section No. 30 Township No. 38 of Range
No. 26 Containing 40 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.
Ophelia Winston & Eliza B. Winston
vs
Noel C. Winston & Tabitha Winston
Partition & 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 Simeon C. Bruce 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 St.
Clair and State of Missouri To wit: The South West quarter of
Section No. 4 and the North West quarter of Section No. 9 in
Township No. 38 of Range No. 26 Containing 320 acres sold by him as
sheriff by virtue of an order of this Court. And then and there in
open Court acknowledged the same to be his act and deed as such
Sheriff for the uses and purposes therein Contained.
Ophelia Winston & Eliza B. Winston
vs
Noel C. Winston & Tabitha Winston
Partition & Sheriffs Deed
Page 194:
September Term 1860
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 John T. McClain 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 St. Clair
County and State of Missouri To wit: Lot No. 1 of the North East
quarter of Section No. 5 & the East half of Lot No. 1 of North West
quarter of Section No. 5 Township No. 38 of Range No. 26 Containing
120 acres sold by him as Sheriff by virtue of the orders of this
Court. And then and there in open Court acknowledged the Same to be
his act and deed as such Sheriff for the uses and purposes therein
Contained.
Elizabeth A. Canada, Dow Canada, Sally Canada Sr., Jesse Galloway &
Anna Galloway – Plffs
Against
Greenway Canada, Isom Canada, Lovina Canada & Sally Canada – Defts
Partition & Sheriffs Deed
Be it remembered that on this day in open Court here personally
appeared Robert P. Cocke Sheriff of St. Clair County Mo. and
Exhibits to the Court a deed by him executed as Sheriff as aforesaid
Conveying to Thomas Copenhaver 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 St. Clair
County Missouri To wit: The West half of South West quarter and
South East quarter of South West quarter of Section No. 26 and the
North West qr of North West qr of Section No. 35 Township No. 39 of
Range No. 24 Containing 160 acres Sold by him as Sheriff by virtue
of an order of this Court. And then and there in open Court
acknowledged the Same to be his act and deed as such Sheriff for the
uses and purposes therein Contained.
Edward F. Pittman & Wm. H. Pittman
vs
Silas N. Holloway & Charlotte 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
Page 195:
September Term 1860
Conveying to Edward F. Pittman and Wm. H. Pittman all the right
title interest Claim estate and property of the said defendants of
in and to the following described tracts or parcels of land Situated
in St. Clair County and State of Missouri To wi: Lots No. 3 & 4 of
Range No. 27 and the West half of North East quarter of Section No.
18 Township No. 39 of Range No. 26 and the North West quarter of
North West quarter of Section No. 19 in Township No. 39 of Range No.
26. 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.
Ophelia Winston & Eliza B. Winston
vs
Noel C. Winston & Tabitha Winston
Partition Sale & Sheriffs Deed
Be it remembered that on this day in open Court here personally
appeared Robert P. Cocke Sheriff of St. Clair County Mo. and
Exhibits to the Court a deed by him executed as sheriff as aforesaid
Conveying to Thomas J. Gardner all the right title interest Claim
estate and property of the above named parties of in and to the
following described tracts of land situated in St. Clair County
Missouri To wit the West half of the North East quarter of section
No. 8 in Township No. 38 of Range No. 26 and the North half of North
East quarter of Section No. 5 in Township No. 38 of Range No. 26 and
the South East quarter of Section No. 37 of Township No. 39 of Range
No. 26 Containing 320 acres. Sold by him as Sheriff by virtue of an
order of this Court. And then and there in open Court acknowledged
the Same to be his act and deed as such Sheriff for the uses and
purposes therein contained.
Wm. H.H. Davis
vs
Wm. J. Burnett
Executiion of 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 Wm. H.H. Davis all the right title interest Claim
estate and property of the said defendant of in and
Page 196:
September Term 1860
to the following described tract or parcel of land Situated in St.
Clair County and State of Missouri To wit The NW quarter of section
No. 30 in Township No. 38 of Range No. 26 Sold by him 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.
Thomas Peery, John O. Bristow & Nancy Bristow – Plaintiffs
Against
Thomas H. Bristow, William P. Bristow & Martha Brackus – Defendants
Partition Sale & Sheriffs Deed
Be it remembered that on this day in open Court here personally
appeared Robert P. Cocke Sheriff of St. Clair County Mo. and
Exhibits to the court a deed by him executed as Sheriff as aforesaid
Conveying to Thomas Peery 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 St. Clair County
Missouri To wit The North East quarter of South East quarter & the
South West quarter of South East quarter of Section No. 29 Township
No. 36 of Range No. 25 Containing 80 acres sold by him as Sheriff by
virtue of an order of this Court. And then and there in open court
acknowledged the same to be his act and deed as such sheriff for the
uses and purposes therein Contained.
William Knight
vs
Thomas Walton & Elizabeth Walton
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 Knight all the right title interest claim
estate and property of the said Defendants to the following
described tract or parcel of land situated in St. Clair County and
State of Missouri To wit Lot No. 3 in Block No. 4 in Monegaw City.
Sold by him 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.
Page 197:
September Term 1860
Elizabeth Browning & others
vs
William H. Browning & others
Partition Sale & Sheriffs Deed
Be it remembered that on this day in open Court 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
Eli Odom all the right title interest Claim estate and property
above named parties of in and to the following described tracts or
parcels of land Situated in St. Clair County and State of Missouri
To wit The South East quarter of South East quarter of Section No.
34 in Township No. 39 of Range No. 26 Containing 40 acres sold by
him as Sheriff by virtue of an order of the Henry circuit Court. And
then and there in open Court acknowledged the same to be his act and
deed as such Sheriff for the uses and purposes therein Contained.
Thomas H. Estes
vs
William J. Burnett as Exr of Simpson McGaughey and William J.
Burnett
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 above named Defendants of in and to the
following described tracts or parcels of land situated in St. Clair
County and State of Missouri To wit The undivided half of the North
West quarter of Section No. 30 in Township No. 38 of Range No. 26
Sold by him 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.
John F. Weidemeyer
vs
John F. Thompson
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 John F. Weidemeyer all the right
Page 198:
September Term 1860
title interest Claim estate and property of the above named
Defendant of in and to the following described tracts or parcels of
land situated in St. Clair County and State of Missouri To The North
East quarter of North West quarter of section No. 33 Township No. 38
of Range No. 26 Containing 40 acres and the South West quarter of
the North West quarter of Section No. 33 in Township No. 38 of Range
No. 26 Containing 40 acres sold by him as sheriff by virtue of said
Execution. And then and there in open court acknowledged said deed
to be his act and deed as such Sheriff for the uses and purposes
therein Contained.
Samuel Ayres
vs
Benj. F. Cook
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 above named defendant of
in and to the following described tracts or parcels of land Situated
in St. Clair County and State of Missouri To wit: The North West
quarter of the South West quarter of Section No. 21 & the North East
quarter of the South East quarter of Section No. 20 & the South East
quarter of the South East quarter of Section No. 20 all in Township
No. 36 of Range No. 24 Containing 120 acres. Sold by him as Sheriff
by virtue of said Execution. And then and there in open Court
acknowledged, Said deed to be his act and deed as such Sheriff for
the uses and purposes therein Contained.
Waldo P. Johnson & Matilda Waldo
vs
Jedediah Waldo, Mary O. Waldo & Milton O. Waldo
Partition Sale & Sheriffs Deed
Be it remembered that on this day in open Court here personally
appeared Robert P. Cocke Sheriff of St. Clair County Missouri 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 above named parties of in and to the
following described tracts or parcels of land situated in St. Clair
County and State of Missouri To wit Lot No. 2 NW qr Sec. 3 T37 R26 E
frl ½ NE qr (BOR) Sec 4 T37 R26 Containing 169 42/100 acres
Page 199:
September Term 1860
E ½ & SW qr Sec 29 T37 R26 Containing 120 acres. The W ½ lot 2 NE qr
Sec 3 T37 R26 & W ½ & NE qr of SE qr Sec 34 T37 R26 Containing 160
78/100 Acres W ½ lot 1 NW qr Sec 1 T36 R27 & E ½ lots 1 & 2 NE qr
Sec 2 T36 R37 Containing 123 26/100 Acres. The E ½ lot 2 NW 14 Sec 2
T36 R27 & S ½ SW qr Sec 35 T37 R27 Containing 126 47/100 Acres E ½ &
SW qr of NE qr Sec 35 T37 R27 Containing 120 acres W ¼ & SE qr of SW
qr Sec 25 T37 R27 Containing 120 acres SE qr Sec 35 T37 R27.
Containing 160 acres. E ½ SW qr & W ½ SE qr Sec 32 T37 R26
Containing 160 Acres. W ½ NE q4 Sec 32 T37 R26 Containing 80 Acres
Sold by him as Sheriff by virtue of an order of this Court. And then
and there in open Court acknowledged said deed to be his act and
deed as such Sheriff for the uses and purposes therein Contained.
Waldo P. Johnson & Matilda Waldo
vs
Jedediah Waldo, Mary O. Waldo & Milton O. Waldo
Partition Sale & Sheriffs Deed
Be it remembered that Robert P. Cocke Sheriff of St. Clair County
Mo, on this day in open court here personally appeared 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 above named parties of in and to the
following described tracts or parcels of land situated in St. Clair
County and State of Missouri To wit The W ½ lot No. 1 NE qr & lot 1
& E ½ lot 2 NW qr Sec 6 T36 R26 Containing 168 75/100 acres Lot 1 SW
qr Sec 6 T36 R26 Containing 88 32/100 acres. SW qr of SW qr Sec 1 &
SE qr of E qr Sec 2 & NE qr of NE qr Sec 11 & NW qr of NW qr Sec 12
all in Township 36 R27 Containing 160 Acres. S ½ SE qr Sec 25 T37
R27 Containing 80 acres Sold by him as Sheriff by virtue of an order
of this Court. And then and there in open Court acknowledged Said
deed to be his act and deed as such Sheriff for the uses and
purposes therein Contained.
Page 200:
September Term 1860
Horatio Short & Nancy Short – Plffs
vs
Thomas J. Short, Horatio H. Short, Maria L. Short, Mary M. Short,
Martha G. Short, Elizabeth Short, Virginia C. Short, Malissa F.
Short, John Short & Newton H. Bray – Defts
Civil Action
Now at this day comes the plaintiffs by their attorney and Thomas J.
Short one of the Defendants Comes and enters his voluntary
appearance and William S. Bourland, William W. Walker and Josephus
W. Knight Also Comes into Court and enters their voluntary
appearance as parties defendants to said petition, and by leave of
the Court the said William S. Bourland and William W. Walker files
herein their answer in the nature of a cross bill and by leave of
the Court afterwards files an amended Answer and cross bill. And by
agreement of the parties by their attorneys. It is ordered by the
Court that the said Plaintiffs have leave to file their replication
to said Cross bill at the next term of this court. And this Cause is
continued until the next term of this Court.
William Brown Jr., Peter Brown, Andrew Brown, Columbus Hahn & Gilly
P. Hahn his wife – Plffs
Against
Benjamin Brown, John Brown, Susan Greenwell, William Greenwell,
Gilly Greenwell, Peter Greenwell, Napoleon Greenwell, Mary
Greenwell, Isabell Greenwell, Ruthaett Greenwell, Young I. Greenwell
& Andrew Greenwell, Milton Williams & Mary Williams, James William
Overshiner, Ellen Catharine Overshiner & Mary Overshiner, Martha
Phillips & James Phillips, John Offutt, Susan Offutt, Nancy Offutt,
Catherine Wright, Andrew Offutt, Benjamin Harris & Margarett Harris
his wife, Edward Offutt, William Offutt, Zepheniah Offutt & William
Goforth
Petition for Partition of Real Estate and Slaves
Decree
Page 201:
September Term 1860
& Susan Goforth his wife, Charles F. Moran, William Moran, John
Moran, Martha Moran, Fisher Moran, Elizabeth Moran & Catharine Brown
– Defts
Now at this day Comes again here into Court said plaintiffs by their
attorneys as well as Peter Greenwell, Napoleon Greenwell, Gilly
Greenwell, Mary Greenwell, Isabell Greenwell, Rutha A. Greenwell,
Young I. Greenwell, Andrew Greenwell, James W. Overshiner, Ellen C.
Overshiner, Mary Overshiner, Martha Phillips and James Phillips,
Susan Offutt, Nancy Offutt, John Offutt, Catharine Wright, Charles
F. Moran, William Moran, John Moran, Martha Moran, Fisher Moran,
Elisabteh Moran minors by William A. McClain then Guardian ad litem
and the said Benjamin Brown, John Brown, Susan Offutt, Nancy Offutt,
Benjamin Harris and Margarett his wife, William Goforth & Susan
Goforth his wife and Catharine Brown Defts being Three times
Solemnly Called Comes not but make default and failed to file any
answer to said petition. And said plaintiff both proven And shown to
the Court here that from the order of publication of notice to
William Offutt, Zepheniah Offutt, Edward Offutt, Andrew Offutt
nonresidents of the State made on the 9th day of December AD 1859 by
the Clerk of said Court in vacation giving them notice of the
Commencement and general nature and object of this suit has been
published in the Osceola Democrat, a weekly newspaper published in
Osceola in said County of St. Clair four weeks Consecutively the
last insertion being more than four weeks before the first day of
the last March term of this Court that unless they should appear at
said Court at the Courthouse in the town of Osceola in said County
at the last term of said Court to be begun and held on Monday the
fifth day of March AD 1860, and on or before the fourth day of said
term plead answer or demur to said petition the same would be taken
as confessed by said nonresident defendants and said nonresident
defendants being three times Solemnly Called Came not but makes
default and have failed to file any answer to said petition. And the
said Susan Greenwell, William Greenwell, Milton Williams & Mary
Williams having entered their voluntary appearance to Said action
without any process. And also have failed to file any answer to said
petition. It is therefore Considered by said Court that plaintiffs
recover Judgment by default against all of said defendants who have
failed to file any answer to said petition and said plaintiff and
said minors by their Guardian now presents
Page 202:
September Term 1860
in Court here Consent that this Cause shall be tried and determined
at the present term of this Court and they being ready for trial the
same was submitted to the court upon the petition answers and
evidence in this Cause and the Court here after hearing the same and
the same being fully understood by the Court here the Court doth
further find that heretofore on the 5th day of April AD 1855 one
William Brown departed this life intestate in the County of St.
Clair in the State of Missouri and at the time of his death deed
Seized and possessed of the following real Estate lying and being in
said County of St. Clair to wit.
Lot No. 3 of the NE qr Sec 4 T39 R24, 80 acres.
W ½ lot 4 N East qr S4 T39 R24, 40 acres.
SE qr of SW qr S4 T39 R24, 30 64/100 acres.
Lots 3 & 4 of NW qr Sec 4 T39 R24, 160 acres.
W ½ Sw q4 North Osage R. S4 T39 R24, 44 acres.
W ½ qr of SW qr Sec 11 T39 R25, 78 48/100 acres.
E ½ of SE qr Sec 10 T39 R25, 80 acres.
W ½ of NE frl qr Sec 25 T39 R25, 61 14/100 acres.
E ½ lot 1 of NE q4 Sec 4 T39 R24, 40 acres.
NW qr of NW qr Sec 14 T39 R25, 40 acres.
SE qr of SE qr Sec 4 T39 R24, 40 acres.
NW frl qr North Osage River S3 T39 R25, 49 19/100 acres.
W ½ SW qr S30 T39 R24, 102 10/100 acres.
And the court doth further find that the said William Brown deceased
left Catharine Brown one of the above named defendants his widow.
And that the above named plaintiffs are his heirs as follows to wit
William Brown, Peter Brown, Andrew Brown his sons and Gilly P. Hahn
a daughter who has since intermarried with the said Columbus Hahn
also Benjamin Brown & John Brown also his sons. Also Ruth Greenwell
his daughter who has intermarried with John C. Greenwell who were
originally defendants to this suit but since the last term of this
Court the said Ruth Greenwell departed this life and left the
following named children who are named in the amended petition and
this decree as defendants to wit Susan Greenwell, William Greenwell,
Gilly Greenwell, Peter Greenwell, Napoleon Greenwell, Mary
Greenwell, Isabell Greenwell, Ruthaett Greenwell, Young I.
Greenwell, and Andrew Greenwell. Also Mary Williams a daughter of
the said William Brown deceased, now wife of the said Milton
Williams. Susan Overshiner a daughter who afterward intermarried,
with William Overshiner who were originally defendants in this Suit
but the said Susan since the Commencement of this Suit has departed
this life and left the following named children who have been made
Page 203:
September Term 1860
defendants in the Amended petition and in this decree to wit James
William Overshiner, Ellen C. Overshiner, and Mary Overshiner & also
Martha Phillips and James Phillips who are children of Frances
Phillips who was a daughter of the Said William Brown deceased, the
said Francis having intermarried with Joshua G. Phillips and died
and left the Said Martha Phillips and James Phillips her children
the issue of said marriage. Also John Offutt, Susan Offutt, Nancy
Offutt, Catherine Offutt, represented by her daughter Catherine
Wright. She the said Catherine Offutt having intermarried with
Martin W. Wright who departed this life. Andrew Offutt, Margarett
Offutt new wife of Benjamin Harris, Edward Offutt, William Offutt
and Zepheniah Offutt the mother of the said Offutts being also a
daughter of the said William Brown, the maiden name of their mother
being Elisabeth Brown. She having in her lifetime intermarried with
Zepheniah Offutt who departed this life before her, and She
afterwards intermarried with Henry Reese and departed this life
having no other children, but these by her first husband Zepheniah
Offutt. Also Susan Goforth now wife of William Goforth, the said
Susan being the daughter of Nancy Brown who was the daughter of
William Brown deceased, The said Nancy in her lifetime having
married one Henry E. Moran and leaving as the issue of that marriage
the said Susan Moran now Goforth, Charles F. Moran, William Moran,
John Moran, Martha Moran, Fisher Moran and Elisabeth Moran. And the
Court doth further find, that the said William Brown deceased in his
lifetime give by way of admeasurement to the said Benjamin Brown the
following real Estate in said County to wit the West half of the
South East qr of Sec. 13.T.39.R.25. Containing 80 acres, and the SE
qr of the NE qr of S13.T39.R25 Containing 40 acres and the NW qr SW
frl qr of Sec 13 T39 R25 Containing 26 & 37/100 acres total 146
37/100 acres.
And the Court doth further find, that William Brown deceased, in his
lifetime give to the said Moran and Nancy his wife by way of
advancement the following real estate lying in said county to wit
the NW qr of section No. 12 T39 R25 Containing 133 68/100 acres and
the SW frl qr South of the Osage River in Section one T39 R25
Containing 101 81/100 Acres, total 234 44/100 Acres. And the Court
doth further find that said William Brown deceased in his lifetime
give to the said Zepheniah Offutt and Elizabeth Offutt his wife in
her lifetime by way of admeasurement the
Page 204:
September Term 1860
undivided half of the following described tracts of land lying and
being in said County to wit the West half of the NE and E ½ of NW qr
of Section No. 31 T39 R34 Containing 145 34/100 acres. Also the SE
frl qr of SW qr of Sec 30 T39 R24 Containing 51 94/100 Acres. Total
197 83/100 acres. And the Court doth further find that the said
William Brown deceased in his lifetime give to the said Columbus
Hahn and Gilly his wife by way of admeasurement the following
described tracts of land lying and being in the county of St. Clair
to wit the SW qr Sec No. 22 T39 R25 Containing 160 acres and the NW
qr of the NE qr S27 T39 R25 Containing 40 acres total 200 acres. And
the Court doth find that there are five slaves now belonging to the
heirs of the said William Brown deceased which belonged to them from
the said William Brown deceased and which are undivided to wit
Matilda aged about 40 years, Milly aged about 25, Henrietta aged
about 23, Harriett aged about 21 and William otherwise called Bill
aged about 14 but the court further finds that said slaves Matilda
and William have been assigned to the said Catherine Brown one of
defendants who is the widow of the said William Brown deceased as
dower in said slaves to hold during her natural life and that the
said Catherine has no other interest in said Slaves. And the Court
doth further find that the said Catherine Brown widow of the said
William Brown deceased is entitled to Dower in said real Estate
first above mentioned, of which the said William Brown dec’d the
legal owner of and not disposed of. And the Court further finds that
the remainder of the personal property Except said slaves after
paying all debts and Expenses and Settling up said Estate of William
Brown deceased amounts to the sum of Three hundred & three & 35/100
dollars and that William Brown Jr. and Peter Brown are the
administrators of the Estate of William Brown deceased and have in
their hands as such administrators the sum of $303 35/100 dollars
belonging to said Estate And the Court doth further find that the
said William Brown Jr., Peter Brown, Andrew Brown, Benjamin Brown
and John Brown are sons of the said William Brown deceased are
Entitled to one twelfth part each of said Real Estate slaves and
personal property. That the said Susan Greenwell, William Greenwell,
Gilly Greenwell, Peter Greenwell, Napoleon Greenwell, Mary
Greenwell, Isabel Greenwell, Ruth A. Greenwell, Young I. Greenwell
and Andrew Greenwell in Right of their mother Ruth Greenwell dec’d
who was a daughter of the said William Brown deceased are entitled
Jointly to one twelfth part of the real Estate slaves & personal
property of the said
Page 205:
September Term 1850
William Brown deceased. And that Mary Williams is entitled to one
twelfth part of the Estate Slaves and personal property. That James
William Overshiner, Ellen C. Overshiner, and Mary Overshiner in
Right or their mother Susan Overshiner are Jointly Entitled to one
twelfth part of said real Estate Slaves and personal property of the
said William Brown deceased. That Martha Phillips and James Phillips
in right of their deceased Mother Frances Phillips are entitled
Jointly to one twelfth part of said Estate slaves and personal
property of the said William Brown deceased. That John Offutt, Susan
Offutt, Nancy Offutt, Catherine Wright in Right of her mother.
Andrew Offutt, Margaret Harris, William Offutt, Edward Offutt and
Zepheniah Offutt in right of their deceased mother Elisabeth Offutt
who was a daughter of the said William Brown deceased are Jointly
entitled to one twelfth part of the Estate Slaves and personal
property of the said William Brown deceased. That Susan Goforth,
Charles F. Moran, William Moran, John Moran, Martha Moran, Fisher
Moran and Elisabeth Moran in right of their deceased mother Nancy
Moran who was a daughter of the said William Brown deceased are
Jointly entitled to one twelfth part of Said Estate Slaves and
personal property and it is further ordered and decreed that the
Commissioners hereinafter appointed shall value the real Estate
advanced to Benjamin Brown, Moran & wife, Zepheniah Offutt & wife
and Columbus Hahn and wife be valued at its present value now
according to its value unimproved, and said Commissioners shall also
value the real Estate owned by the Said William Brown deceased at
his death, according to its present value and said Slaves shall be
valued in the same manner. And the value of said real Estate
advanced, and all other of said real Estate undivided After said
dower Shall be set off, And the Value of said slaves shall be added
together, and divided into twelve parts and if any have been
advanced their full share or more than ascertained, they shall have
nothing more of said Estate, And if any who have been advanced have
not received their full share at this ascertained the Commissioners
Shall then divide the residue of said Estate Equally among and
between those who have not been fully advanced and those who have
not been advanced any so as to make them equal. And the premises
being seen and fully understood by the Court here the Court doth
order adjudge and decree that the dower of the said Catherine Brown
be first assigned and admeasured to her being equal to the use of
one third of said real Estate to hold for her own use during her
Page 206:
September Term 1860
natural life and that division and partition of said real Estate and
slaves & personal property be made among and between the parties to
this Suit and divided only into twelve Equal parts, or into such
other number of parts (if any of said parties have been fully
advanced) as shall make the division of said, real Estate and Slaves
& personal property Equal as herein before directed. And the Court
here doth appoint James D. Gray, Joseph W. Cox and George R. Elliott
as commissioners to assign and admeasure said dower to the said
Catherine Brown and to make partition and division of the Estate of
the Said William Brown deceased among and between the other parties
to this suit as herein before ascertained and directed and that said
Commissioners make their report to this Court at the next term
thereof and for any other matter not herein determined in this Cause
is continued until the next term of this Court.
Columbus Hahn and Gilly P. Hahn – Plaintiff
Against
Peter Brown, Andrew Brown, Benj. Brown, William Brown, John Brown,
Catherine Brown, Susan Greenwell, William Greenwell, Peter
Greenwell, Napoleon Greenwell, Gilly Greenwell, Mary Greenwell,
Isabell Greenwell, Ruthaett Greenwell, Andrew Greenwell and Young I.
Greenwell, James William Overshiner, Ellen Catherine Overshiner and
Mary Overshiner, Martha Phillips and James Phillips, John Offutt,
Susan Offutt, Nancy Offutt, Catherine Wright, Andrew Offutt,
Margaret 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, Milton
Williams & Mary Williams & Benjamin Harris – Defendants
Now at this day comes again the plaintiffs by their attorney and it
appearing to the Court here from the return of the Sheriff of Benton
County Missouri that Martha Phillips and James Phillips were duly
served with process in this Case more than fifteen days before the
first day of the September Term 1858 of the Court and it further
appearing to the Court here from the return of the Sheriff of Benton
County Missouri That Andrew
Page 207:
September Term 1860
Offutt was duly Served with process in this Case more than fifteen
days before the first day of the February Term 1859 of this Court,
and it further appearing to the Court here from the return of the
Sheriff of St. Clair County Mo. that Nancy Offutt, Catherine Wright,
Margaret Offutt, Edward Offutt, Susan Offutt, John Offutt, and John
Brown were duly Served with process in this Case, more than fifteen
days before the first day of September Term 1858 of this Court and
it further appearing to the Court here from the return of the
Sheriff of St. Clair County Mo. that William Goforth, Charles F.
Moran, William Moran, John Moran, Martha Moran, Fisher Moran,
Elizabeth Moran and Susan Goforth were duly served with process in
this case more than fifteen days before the first day of the March
Term 1859 of this Court and it further appearing to the Court here
from the affidavit of William J. Mayo publisher of the Osceola
Independent a weekly newspaper published in Osceola, St. Clair
County Mo. that William Offutt and Jedediah Offutt has been duly
notified by order of publication of the Commencement of this suit
and the general nature thereof, by said order of publication
requiring them to appear at the September Term 1858 of this Court
and to answer or demur to said petition on or before the third day
of said Term and it appearing to the Court here from the records of
this court that Peter Brown and Catherine Brown at the September
Term 1858 of this Court entered their appearance to this Suit and it
further appearing from the records of this Court that Benjamin
Brown, Milton Williams & Mary Williams & Andrew Brown voluntarily
entered their appearance at the March Term 1860 of this Court and it
further appearing from the return of the Sheriff of St. Clair County
that Susan Greenwell, William Greenwell, Peter Greenwell, Napoleon
Greenwell, Gilly Greenwell, Mary Greenwell, Isabel Greenwell,
Ruthaett Greenwell and Andrew Greenwell and Young I. Greenwell have
been duly served with process in this Case more than twenty days
before the first day of this Term of this Court, and it further
appearing from the return of the Sheriff of Benton County Missouri
that James W. Overshiner, Ellen C. Overshiner and Mary Overshiner
have been duly served with process in this Case more than twenty
days before the first day of this Court, and it having been
suggested to the Court that Charles Moran, William Moran, John
Moran, Martha Moran, John Brown and Elizabeth Moran, Peter
Greenwell, Napoleon Greenwell, Gilly Greenwell, Mary Greenwell,
Isabel Greenwell, Ruthaett Greenwell, Andrew Greenwell, Young I.
Greenwell, James W. Overshiner, Ellen
Page 208:
September Term 1860
Overshiner and Mary Overshiner, Catherine Wright, Margarett Offutt,
Mary Offutt, Susan Offutt & John Offutt are minors thereupon the
Court doth appoint William A. McClain Esqr. Guardian adlitem for all
of said minors Defendants, and the said William A. McClain being
present in Court Accepts to act as such Guardian and files answer of
all said minors Defendants and the Cause being called for trial and
all parties being ready the Cause by consent is taken up by the
Court for trial at this term of this Court and the same is submitted
to the Court upon the petition answer and evidence offered in the
Cause. And having heard the evidence the Court finds that William
Brown now deceased resided in St. Clair County Missouri in the year
1839, that about that time he entered a large quantity of land
alledging that said land and for the benefit of his various children
that among other tracts of land he then entered was one described as
follows to wit “The South West quarter of Section No. 22 in Township
No. 39 of Range No. 25 containing 160 acres then situated in Henry
county but now in St. Clair County Missouri, that plaintiffs were
then living in the State of Kentucky that said William Brown (he
being the Father of Gilly P. Hahn one of plaintiffs) wrote to
plaintiff in Kentucky that he had entered the above described tract
of land for them and requested them to remove to Missouri and accept
the same, that in pursuance to said request by said William Brown
plaintiffs at great trouble and Expense removed to Missouri in the
year 1839 but were unable at that time to settle on said land. The
Court further finds that afterwards to wit in the year 1845 the said
William Brown purchased of one John F. Weidemeyer the following
described tract of land Situated in St. Clair County Missouri to wit
the North West quarter of the North East quarter of Section No. 27
in Township No. 39 of Range No. 25 Containing 40 acres Cornering
with tract first above described and making with that 200 acres of
land, that in the year 1845 the said William Brown now deceased in
Consideration of the natural love and affection he had for his
daughter one of the plaintiffs, and for the purpose of renewing and
carrying out his original promise to the plaintiffs when plaintiffs
were in the State of Kentucky requested the plaintiffs to go and
improve said 200 acres of land, and live upon the same, that he had
purchased it for the plaintiffs and would give the same to them The
Court further finds from the evidence that in the year 1845
plaintiff accepted the last proposition made to them by the said
William Brown and in pursuance thereof went upon said land that then
was a house and field on the land at the time plaintiffs went upon
said
Page 209:
September Term 1860
Land that plaintiffs paid said William Brown for the improvements
then on said land, and afterwards made valuable and lasting
improvements on said land by building a house, plainting orchard of
apple trees clearing and fencing ground, that plaintiffs continued
to reside upon and improve Said, 200 acres of land for the term of
twelve months when removed to the City of Warsaw in Benton County
about 20 miles from said land, that plaintiffs went upon said land
upon the invitation and with the consent of said William Brown that
after said plaintiffs removed from the land they Continued with the
Knowledge and Consent and approbation of said William Brown to
exercise acts of ownership over said land, to rent the same out and
to receive the rents therefor and making improvements thereon from
the time plaintiffs removed from said land to the death of said
William Brown and with the knowledge and consent of said Brown and
they the said plaintiffs yet Continue in possession of said land.
The Court further finds that said William Brown departed this life
in the year 1855 intestate without having Conveyed the 200 acres of
land above described or any part thereof to plaintiffs and without
approving any person by will or otherwise to make such conveyance
that he left a widow and various Children and grand children as his
heirs at law as alledged in said last amended petition. In
consideration of the premises it is ordered adjudged and decreed by
the Court here, that each and all of said Defendants be divested of
all right title interest claim estate or property of in or to the
lands above described to wit The SW ½ of Section 22 and the NW ¼ of
the NE ¼ of Section 27 all in Township No. 39 of Range No. 25 all
Containing 200 acres and situated in St. Clair County Missouri And
that the title to the same be vested in said Columbus Hahn and Gilly
P. Hahn his wife the plaintiffs to this suit as fully and completely
as the same could be done by And, free from all claim or claims of
the Defendants or any of them It is further ordered by the Court
that plffs pay the Costs of this Suit.
Page 210:
September Term 1860
Waldo P. Johnson – Plff
against
Spencer T. Corbin, David S. Corbin & Martha M. Corbin his wife &
George Corbin, Anna Corbin – Defts
Civil Action to Establish and quiet title to Real Estate
Now at this day comes again here into Court Said plaintiffs by his
attorney and Suggests to the court here that since the last term of
this court that George Corbin infant one of the above named
defendants has departed this life and left the said David S. Corbin
his father Martha Corbin his mother and Ann Corbin his sister his
only heirs at law who are already defendants and would be entitled
to the said George Corbins interest in the matter in Controversy and
the said Anna Corbin by William A. McClain her guardian ad litem
being also present in Court here, and the said Spencer T. Corbin,
David S. Corbin and Martha M. Corbin being three times Solemnly
Called Come not but make default and having failed to file an answer
said action as to them remains undefended. It is therefore
Considered by the Court here that said plaintiff recover against
them a final Judgment and they having Shown no Cause why the
Judgment by default received against them at the last term should be
set aside and said parties in Court being ready for the trial of
said Cause the same was Submitted to the Court upon the petition
answer and Exhibits and proofs and the Court here after hearing the
same and the same being seen and fully understood by the Court here
the Court doth find the issue for the plaintiff and that the
material allegation in said petition are true and that said
plaintiff is entitled to the relief he asks in and by his said
petition, and the court doth find that on the 17th day of April AD
1855 the said David S. Corbin and Martha M. Corbin his wife, defts
made acknowledged and delivered the deed to Spencer T. Corbin
defendant mentioned, and described in said petition and thereby
conveyed to the said Spencer T. Corbin Certain lots or parcels of
land lying and being in the town of Osceola, in St. Clair County in
the State of Missouri and drawn upon the plat of said town as lots
No. two and twelve in Block No. thirty two and also all their
undivided interest being one Sixth part of in and to lot No. three
in Block No. thirty two and the Court here doth further find that at
the time of the Execution and delivery of said deed that the said
David S. Corbin was largely indebted and his pecuriary affairs
involved in confession and he insolvent that he had been in
copartnership
Page 211:
September Term 1860
with one Talton T. Barnes in Merchandising and that said
Copartnership was also insolvent and was largely involved in debt
far beyond their means to pay and that among other creditors said
Copartnership was indebted to Cornelius Haywood, Phillip Crow and
John T. Talbot in the sum of about Eight hundred Dollars and that
afterwards, on the 4th day of May AD 1855 Judgment was rendered
against the said David S. Corbin and Talton T. Barnes in favor of
the said Cornelius Haywood, Phillips Crow and John F. Talbot for the
sum of Eight hundred and seven dollars and one Cent, And the Court
doth further find that although the said Spencer T. Corbin give his
note to the said David S. Corbin for the pretended Consideration in
said deed mentioned and recited in said deed, to have been received,
by the said David S. Corbin yet in truth and in fact he the said
Spencer T. Corbin never paid the same or any part thereof but
afterwards the said David S. Corbin delivered up said note to the
said Spencer T. Corbin upon the making of the deed by the said
Spencer T. Corbin to Martha M. Corbin and her children, to the
tracts or lots of land aforesaid and which said last mentioned deed
is hereinafter mentioned. And the court doth further find that on
the 22nd day of June AD 1858 he the said Spencer T. Corbin made
acknowledged and delivered to the above named Defendant Martha M.
Corbin a deed of Conveyance under his hand and seal and thereby the
said Spencer T. Corbin for and in consideration of the natural love
and affection which he had entertained for his beloved Sister in law
Martha M. Corbin wife of his brother David S. Corbin and her
children that she has or may have by his said brother David S.
Corbin then residing in the County of Cole and State of Missouri
give granted bargained and sold and by said deed did give grant
bargain Sell Convey and Confine unto the said Martha M. Corbin and
to her children by the said David S. Corbin and to their heirs and
assigns forever all right title interest claim Estate and property
of in and to the following described real Estate lying and being
situated in the County of St. Clair and State of Missouri to wit
lots No. two (2) and twelve (12) and all his undivided interest, it
being one third part of Lot. No. Three (3) all in Block No. Thirty
two (32) in the Town of Osceola together with all the priviledges
and appurtenances to have and to hold the Same to the said Martha M.
Corbin and her Said children and heirs and their assigns forever
Page 212:
September Term 1860
In testimony whereof the said Spencer T. Corbin Subscribed his name
and affixed his seal the 22nd day of June AD 1858 which said last
mentioned deed was on the 22nd day of June AD 1858 duly acknowledged
by the said Spencer T. Corbin before James W. Beck Clerk of the
County Court of the County of St. Clair aforesaid and duly Certified
by said Clerk and said last mentioned deed was afterwards on the 6th
day of September AD 1858 filed for Record and Recorded in the office
of the Recorder of said County in deed book “C” pages twelve and
thirteen (12 & 13) And the court doth further find that he the said
Spencer T. Corbin at the time of the making of said deed of gift to
the said Martha M. Corbin and children was the owner of one
undivided Sixth part of said lot No. three (3) in Block No. thirty
two (32) besides the one sixth part Conveyed to him by the said
David S. Corbin and wife by the first deed herein before mentioned,
did that notwithstanding the deed from the said Spencer T. Corbin to
the said Martha and her children recites that it was made for the
natural love and affection which he entertained for his Sister in
law, yet in truth and in fact he the said David S. Corbin paid the
said Spencer T. Corbin for the undivided Sixth part of said last
mentioned lot which he the said David S. Corbin have not conveyed to
the said Spencer T. Corbin by the Conveyance first aforesaid and the
same was Conveyed by the said Spencer T. Corbin to the said Martha
and her children in Consideration of the amount paid by the said
David S. Corbin and at his instance and request and that the said
Martha M. Corbin and her children by operation of law said one Sixth
part of said Lot No. three, (3) so paid for by her husband David S.
Corbin in trust and for his use. And the Court doth further find
that there was no consideration paid by the said Martha M. Corbin or
her children nor by any parties for her or for her children to the
said Spencer T. Corbin for said tracts or lots of land aforesaid
Except the Amount paid by the said David S. Corbin for the sixth
part originally owned by the said Spencer T. Corbin. And the Court
doth further find that said George Corbin who is now dead and Anna
Corbin are minors and the Children of the said David S. Corbin and
Martha M. Corbin his wife, and that the said Martha M. Corbin is the
Sister in law of the said Spencer T. Corbin And the Court doth
further find that the Conveyance of said property or real estate by
the said David S. Corbin and Martha M. Corbin his wife to the said
Spencer T. Corbin was contrived and made with the intent to hinder
and delay and defraud the Creditors of the said David S. Corbin and
of which the said Spencer T. Corbin had
Page 213:
September Term 1860
notice and said Conveyance of the said Spencer T. Corbin to the said
Martha M. Corbin and her said Children was also made at the instance
of the said David S. Corbin and was also Contrived by the Said,
Spencer T. Corbin and David S. Corbin with the intent to hinder
delay and defraud the Creditors of the said David S. Corbin by means
whereof the said deeds of Conveyance are both null and void to
hinder delay or defraud the Creditors of the said David S. Corbin of
their lawful actions or demands And the Court doth further find that
the said Cornelius Haywood Phillip Crow and John T. Talbot having
received the Judgment aforesaid against the said David S. Corbin and
Talton T. Barnes in the Circuit Court of St. Clair County in the
State aforesaid an Execution was issued thereon by the Clerk of said
Circuit Court on the 26th day of May AD 1859 and on the 27th day of
May AD 1859 was delivered to the Sheriff of Said County and that
said Sheriff by virtue of said Execution on the first day of August
AD 1859 died levy upon and Seize all the right title interest Claim
Estate and property of the said David S. Corbin of in and to the
tracts parcels or lots of land or real Estate aforesaid and
advertised and Sold the same according to law upon said Execution on
the 5th day of September AD 1859 and said plaintiff Waldo P. Johnson
at said sale became the purchaser thereof at the price and sum of
One hundred and fifty dollars and said Sheriff made executed and
delivered to said plaintiff a deed therefor, the same having been
duly acknowledged before the Circuit Court of said County. And said
Court doth further find that by virtue of said Sheriffs deed and his
said purchase of all the right title and interest that the said
David S. Corbin had in and to the Real Estate described in his said
Conveyance to the said Spencer T. Corbin as well as to the one Sixth
part of Lot No. three which the said Spencer T. Corbin before owned
and which he conveyed by deed to the said Martha M. Corbin and her
children.
And the Court doth further find that said plaintiff is in the lawful
and Just possession of said premises. Wherefore the Court here in
Consideration of the premises orders adjudges and decrees that said
deeds of Conveyance so far as they or either of them shall in any
manner affect to stand in the way or to defeat the title of said
plaintiff be and the same are declared null and void and that all
the title that the said David S. Corbin ever had or the said Martha
M. Corbin his wife and the said George and Anna Corbin in or to said
premises or any part thereof
Page 214:
September Term 1860
Under any of said Conveyance as it hereby fully settled in the said
Waldo P. Johnson plaintiff and his heirs and assigns forever and
that said defendants be divested of any and all claim under by in
through said deeds of Conveyance and that said plaintiff right title
claim and interest in said real Estate be fully established and
quieted forever and that said plaintiff recover his costs in this
Case in his behalf laid out and Expended of said defendants and that
Execution issue therefor.
Mordecai L. Scrutchfield – Plff
vs
Snowden T. Morris, Hammond Morris, Miles Garrat, John Whitley,
William Roark, Isaac Copenhaver, William Huffman & Scott Kain –
Defts
Civil action
Now at this day comes again the said parties by their attorneys And
the motion of said plaintiff filed on Monday last for a change of
venue in this cause comes on to be heard and the Same being seen
heard and fully understood by the court and it being alleged in Said
petition for said change that the inhabitants of St. Clair county
are prejudiced against him said Plaintiff that he cannot have a fair
trial of said cause in Said county It is therefore considered by the
court that a change of venue be awarded in said cause to the circuit
court of Cedar county in this the 7th Judicial circuit in the State
of Missouri for the reason alleged in said petition.
John A. Brownlee, Thomas J. Homer, David Brownlee, James Riordan &
John Rex – Plffs
vs
R. Bruce Hood and Jonathan C. Hood – Defts
Civil Action by Attachment
Now at this day comes the said plaintiffs by their attorney and it
being proven and shown to the court here that the order of
Publication of notice to said Defendants, they being nonresidents of
the State of Missouri made by this court at the last term of this
court giving them notice of the commencement and general nature and
object of this suit and that their property has been attached to wit
The W. half of lot No. 5 NE qr of Section 5 Township 39 Range 27, 40
41/100 acres lots 4 and
Page 215:
September Term 1860
5 NW qr Section 5 Township 39 Range 27, 160 64/100 acres. The NW qr
of Section 9 Township 39 of Range 27, 160 acres has been published
in the Osceola Democrat a weekly newspaper published in the Town of
Osceola in St. Clair County in the State of Missouri four weeks
consecutively the last insertion being more than four weeks before
the first day of this term of this Court notifying said defendants
that unless they should appear at this term of this Court to be
begun and held at the Court house in the Town of Osceola, in said
County on November the 3rd day of September 1860 And on or before
the 4th day of said term plead answer or demur to said petition the
same would be taken as confessed and Judgment rendered against them
and their property sold to Satisfy the same. And Said Defendants
being severally three times Solemnly Called Comes not but make
default and have failed to file any answer to said plaintiffs
petition and the time for filing pleadings having Expired. Whereby
said action remains against said Defts undefended. Wherefore
Judgment ought to be rendered for want of answer And this action
being founded on a promissory note drawing interest at 10 per cent
per annum for the direct payment of money And the Amount thereof
liquidated and the plaintiffs demanding a trial. The Court here
after hearing the evidence doth find that the said defendants are
Justly indebted to the said plaintiffs in the Sum of Five hundred
and Eighty Eight dollars on said note and interest due thereon. It
is therefore considered by the Court here that said plaintiffs have
and recover against the said defendants the said sum of $588.00 for
their debt and interest so found due by the court as aforesaid
together with their Costs in this behalf laid out and Expended and
that Execution Issue therefor against the property attached as
aforesaid.
Wesley Greenfield, Aaron B. Slader and Newton L. Greenfield –
Plaintiffs
vs
Shearman Webster – Defendants
Civil Action By attachment
Now at this day comes the said plaintiffs by their attorney and it
being proven and shown to the Court here that the order of
publication of notice to said defendant he being a nonresident of
the State of Missouri made by the court at the last term of the
Court giving him notice of the commencement
Page 216:
September 1860
and general nature and object of this suit and that his property had
been attached To wit lot No. 1 and South half of lot No. 2 of SW
quarter of Section No. 18 Township 39 Range 26 Containing 121 10/100
Acres. The west half and SE qr of Se qr of Section 18 Township 39 of
Range 26 Containing 120 Acres. The E half and SW qr of SE qr of Sec
36 Township 39 Range 26 Containing 120 Acres has been published in
the Osceola Democrat a weekly newspaper published in the Town of
Osceola in St. Clair County in the State of Missouri four weeks
consecutively the last insertion being more than four weeks before
the first day of this term of this Court notifying said defendant
that unless he should Appear at this term of this Court to be begun
and held at the Courthouse in the Town of Osceola in said County on
Monday the 3rd day of September 1860 and on or before the third day
thereof plead answer or demur to said petition the same would be
taken as confessed and Judgment rendered Against him and his
property sold to satisfy the same. And the said defendant being
three times Solemnly Called Comes not but makes default and having
failed to file any answer to said plaintiffs petition and the time
for filing pleadings having expired whereby said action remains
against said defendant undefended wherefore Judgment ought to be
rendered for want of answer and this action being founded upon a
Bill of Exchange for the direct payment of money and the demurrer
thereof thereby liquidated and the plaintiff demanding a trial the
court here after hearing the evidence doth find that the said
defendant is Justly indebted to the said plaintiffs in the sum of
Eight hundred and Seventy dollars on said Bill of Exchange and
interest due thereon and damages for non payment of the same. It is
therefore considered by the Court here that the said plaintiffs have
and recover against the said defendant the said sum of $870. for
their debt and interest and damages So found due by the Court as
aforesaid together with their Costs in this behalf laid out and
Expended and that execution issue therefor against the property
attached as Aforesaid.
Page 217:
September Term 1860
William G. Barkley and James E. Barkley – Plaintiffs
Against
Martin S. Copenhaver – Defendant
Civil Action by Attachment
Now at this day comes the plaintiffs by their attorney and it
appearing to the Court from the affidavit of Benjamin N. Cocke filed
herein, that the said defendant has absented himself from his usual
place of abode in St. Clair County Missouri, so that the ordinary
process of law Cannot be served upon him. It is therefore ordered by
the Court that the said defendant be notified of this action by
publication as follows: To Martin S. Copenhaver the above named
Defendant. You are hereby notified that the said plaintiffs have
commenced suit against you by petition and attachment in the circuit
Court of St. Clair County in the State of Missouri the object and
general nature of which is to recover Judgment against you for the
sum of Two hundred and fifty dollars seventy five Cents on account
of goods wares and merchandize by said plaintiffs Sold and delivered
to said defendant and Daniel Parham in the month of January 1860 as
copartners that your property has been attached as follows The South
East quarter of the South East quarter of section No. twelve in
Township No. thirty nine of Range No. twenty four and that unless
you be and appear at the next term of this court, to be begun and
held at the courthouse in the Town of Osceola on Monday the fourth
day of March next and on or before the third day of said term
Judgment will be rendered against you and your property sold to
satisfy the same. It is further ordered that a copy of this order be
published in the Osceola Democrat as the law requires.
It is ordered by the Court that all Causes motions and other
business not otherwise disposed of, be continued until the next term
of this court.
Ordered that court adjourn until Court in course.
F.P. Wright Cir Judge
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