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St. Clair County Circuit Court
Microfilm Transcripts
IN VACATION MARCH 1860
Page 139:
In Vacation
In Vacation March 10th 1860
Horation Short and Nancy Short his Wife, Plffs
Against
Thomas Y. Short, Horatio W. Short, Maria L. Short, Mary M. Short,
Martha G. Short, Elizabeth E. Short, Virginia C. Short, Malissa D.
Short, John Short, and Newton K. Bray – Defendants
Civil action
Now at this day Comes the Said plaintiffs by their Attorneys And
files in the Office Of the Clerk of the circuit court of St. Clair
Co. Missouri, in Vacation of Said court their petition Verified by
their affidavit and It Appearing from Said affidavit that the said
defendant Newton Bray is a non resident of the State of Missouri it
is therefore ordered by the undersigned Clerk of the Said St. Clair
circuit court in Vacation that Said non-resident defendant be
notified that Said plaintiffs have filed their petition And
commenced Suit against You in the circuit court of St. Clair County,
in the State of Missouri, Setting forth among Other things that on
the 11th day of February, AD 1856, One Judith Vanlandingham of the
County of Jefferson, and State of Kentucky, for And in Consideration
of the Sum of One Dollar, to her in hand paid by you and the natural
love and affection which she had for and have towards her niece
Nancy Short, And of said plaintiffs, Wife of the Said Horatio Short,
by Deed give, granted, Sold And delivered to you at virtue And in
trust for a negro girl named Malinda of a Yellow complexion, aged
(then) about Seventeen Years, And her child about One Year Old,
Logan, to have and to hold the Same to you free from the Claim of
the Said Judith And her heirs provided that you, your heirs,
executors and Administratrix Should hold the Said negro girl and
child And the future increase of Said girl for the Sole, Separate
and exclusive use, benefit and comfort of Said Nancy Short, Wife of
the Said Horatio Short, for and during her natural life. And After
her death for the use benefit, education, Support and comfort of the
present and any future child or children of the Said Nancy Short to
the entire exclusion of Said Horatio Short, and that you ought
permit Said Nancy to have the use and possession of Said Girl and
child and her future increase for his own use if She desired it as
that by the Louisville Chancery Court in the State of Kentucky on
the 14th day of March AD 1857 it was ordered, adjudged And decreed
that the Said Nancy, under the Deed of Trustee aforesaid was
entitled to the use and exclusion of said
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In Vacation
Negro woman. Malinda And her three children that you was ordered to
Surrender the possession of them to the Said Nancy Short, and She to
hold and use said negroes for her Separate use free from the use and
control of her husband, And the said Nancy admits She has received
of you the negroes aforesaid According to said decree that She now
has in her possession the Said Malinda, now aged 30 years worth
$1000. That She now has five children, named as follows to wit
Logan, aged about 15 years, worth $700. John aged about 13 years
worth $1000; Sally aged about 14 Years worth $800, Maria aged about
5 years worth $400, and Delian aged about three Years worth $300 All
now in the County of St. Clair and State of Missouri that it is for
the interest of Said Nancy Short and all of her Said children to
have All of Said Slaves Sold and the proceeds invested in real
estate in Said County, to be held by Said parties according to the
terms and on the conditions of the gift of Said Slaves that said
Nancy and her children are without any home that Said slaves are
liable to be lost, that you were in the State of Kentucky and give
no attention to said Slaves, and Said plaintiffs pray that the court
appoint another trustee, and that all of said slaves or as many as
said trustees, shall deem advisable, be sold and the proceeds of the
Same, be invested in real estate in the county of St. Clair, and
State of Missouri, to be held by Said trustee in the Same Manner,
under the Same limitation of Said Slaves were held by you, And that
unless you be and appear before the Judge of the Said circuit court,
at the Court house in the town of Osceola, at the next term of Said
court, to be begun and held on Monday the 3rd day of September next
And on or before the third day of Said term plead, Answer or demur
to Said petition the Same will be taken as confessed by you, Said
non-resident Defendant. It is further ordered that a copy of this
order be published in the Osceola Democrat as the law requires.
In Vacation June 30th 1860
James A. Pritchard & Sarah E. Pritchard – Plffs
vs
Joseph Higgins – Deft
Civil action
Now at this day comes the Said Plaintiffs by William A. McClain
their attorney and say they will not further prosecute this action,
And dismiss the Same at their cost.
James W. Beck Clerk
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In Vacation
In Vacation July 9th AD 1860
Eleanor C. Childs – Plaintiff
Against
William Childs – Defendant
Civil action for Divorce
Now at this day comes the Said plaintiff by her Attorney And files
in the Office of the Clerk Of the circuit court, in vacation, of
said court, her petition, Verified by her affidavit, and it
appearing from said petition and affidavit and it appearing from
said petition and affidavit that the Said Defendant is a
non-resident of the State of Missouri. It is therefore ordered by
the undersigned Clerk of Said Circuit Court that Said Defendant be
notified of this Suit by publication, as follows. To William Childs
the above named Defendant, You are hereby notified that Said
plaintiff has filed her 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 bonds of Matrimony
heretofore contracted between Said plaintiff And defendant, and for
such other and further relief as may be just in the premises upon
the ground of Wilful Desertion of Said plaintiff by Said Defendant
for space of more than two years without reasonable cause, and that
unless You be and Appear before the Judge of the said circuit court,
at the Court house in the town of Osceola at the next term of said
court to be begun and held on Monday the 5th day of September next
and on or before the third day of said term, plead, answer or demur
to said petition the same will be taken as confessed by you. It is
further Ordered that a copy of this order be published in the
Osceola Democrat as the law requires.
In Vacation August 8th 1860
Jacob Wanescott
vs
Martin S. Copenhaver
Attachment
Now at this day comes the Said plaintiff and says that he will not
further prosecute this Action and dismisses the same at his costs.
James W. Beck Clerk
By George W. Hinkle DC
In Vacation August 14th 1860
William L. Vaughan & Waldo P. Johnson – Plffs
vs
William Lukenbill – Deft
Civil action
Now at this day comes the said
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In Vacation
Plaintiffs And say they will not further prosecute this action and
dismisses the Same at their costs.
James W. Beck Clerk
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