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St. Clair County Circuit Court
Microfilm Transcripts
IN VACATION SEPTEMBER 1859
Page 80:
In Vacation
In vacation September 9 1859
Kingsland T. Ferguson – Plff
against
John Dorchester – Deft
Petition & attachment on promissory Note
Now at this day Comes the said plaintiffs by their Attorney and file
in the Office of the Clerk of the Circuit Court of St. Clair County,
in the State of Missouri in vacation of Said Court their petition
and It appearing, from the Affidavit filed with Said petition that
the Said Defendant John Dorchester is not a resident of the State of
Missouri It is therefore ordered by the undersigned Clerk of Said
St. Clair Circuit Court that Said defendant be notified of this
action by publication as follows
To John Dorchester the above named defendant you are hereby notified
that said plaintiffs have filed their petition And Commenced Suit by
attachment against you in the Circuit Court of St. Clair County in
the State of Missouri The object And general nature of which is to
recover Judgment Against You for the balance due in a Certain
promissory Note Originally for the sum of Eighteen hundred & eighty
three Dollars and dated Nov’r 23rd 1857 due One day after date with
the following credits $511 Feb’y 17th 1858, $510 March 2 1858, $510
Jan’y 1st 1859, together with the interest thereon That your
property is about to be attached and that unless you be and appear
at the next term of Said St. Clair Circuit Court to be begun and
held at the Court house in the Town of Osceola on Monday the 5th day
of March next and on or before the third day thereof plead answer or
demur to Said petition the Same will be taken as Confessed and
Judgment rendered accordingly 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.
Page 81:
In Vacation
In Vacation December 9th 1859.
William Brown Jr., Peter Brown, Andrew Brown, Columbus Hahn and
Gilly P. Hahn his wife, Plaintiffs
Against
Benjamin Brown, John Brown, John C. Greenwell and Ruth Greenwell his
wife, Milton Williams and Mary Williams his Wife, William Overshiner
and Susan Overshiner his wife, Martha Phillips, James Phillips, John
Offutt, Susan Offutt, Nancy Offutt, Catharine Wright, Andrew Offutt,
Benjamin Harris and Margaret his wife, Edward Offutt, William
Offutt, Zephaniah Offutt, William Goforth and Susan Goforth his
Wife, Charles F. Moran, William Moran, John Moran, Martha Moran,
Fisher Moran, Elizabeth Moran and Catharine Brown, Defendants
Petition for Partition of Real Estate & Slaves
Now at this day Comes the Said Plaintiffs by their attorney, and
file in the office of the Clerk of the Circuit Court of St. Clair
County, Missouri, in Vacation of Said Court, their petition against
the above named defendants, and it appearing from the affidavit
filed with Said petition, that the Said defendants William Offutt,
Zepheniah Offutt, Elizabeth Offutt, Andrew Offutt, William
Overshiner and Susan Overshiner are non residents of the State of
Missouri – Therefore, It is ordered by the undersigned Clerk of Said
St. Clair Circuit Court that Said nonresident defendants be notified
of the Commencement of this Suit, by publication as follows, To
William Offutt, Zepheniah Offutt, Edward Offutt, Andrew Offutt,
William Overshiner, and Susan Overshiner – You and each of you are
hereby notified that Said plaintiffs have filed their petition and
Commenced Suit against you in the Circuit Court of Said County of
St. Clair in the State of Missouri, the Object and general nature of
which is to obtain from Said Court a Judgment and decree for
petition and division of the following described real and personal
estate Among and between Said plaintiffs and defendants according to
their respective rights and interests therein as the heirs and
distributies of the Estate of William Brown, deceased To Wit:
Lot No. 3 of the NE qr Section 4 Township 39, Range 24 – 80 acres.
West half Lot 4 North East quarter, Section 4, Township 39, Range 24
– 40 Acres. SE qr of SW quarter of Section 4 Township 37, Range 24,
31 61/100 acres – Lots 3 and 4 of NW qr Sec. 4, Township 39, Range
24 – 160 acres. West half of SW qr north Osage River Section 4
township 39, Range 24 – 44 acres. West half of South West quarter of
Section 11 Township 39, Range 45 – 78 47/100 acres. East half of
South east quarter, Section 10,
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In Vacation
Township 39, Range 25 – 80 acres. West half of North east fractional
quarter of Section 25 Township 39 Range 35 – 61 11/100 acres. East
half of Southwest quarter Section 24 Township 39, Range 25 – 51
16/100 Acres. West half of W One of Northeast quarter of Section 4
Township 39 Range 24, 40 acres. Northwest quarter of Northwest
quarter of Section 14 Township 39, Range 25 – 40 acres. Southeast
quarter of Southeast quarter of Section 4 township 39 Range 24 – 40
acres. Southwest fractional quarter North Osage River Section 3
Township 39 Range 25 – 49 15/100 acres. All Situated in the County
of St. Clair, And state of Missouri.
Also five Slaves Told: 1: Matilda, aged about 45 years; Milly aged
about 24 years, Henrietta aged about 22 years, Harriett aged 20
Years, and William aged about 13 years. And the personal assetts of
Said estate in the hands of the administrator of Said estate, Said
petition Sets forth that Catharine Brown Widow of Said William Brown
deceased has had his dower in then Slaves assigned to her, and that
Benjamin Brown, Henry E. Moran and Nancy Moran his Wife, Zepheniah
Offutt and Elizabeth Offutt his wife, Columbus Hahn and Gilly P.
Hahn his wife, have received by way of advancement from the Said
William Brown deceased in his lifetime, Certain Real Estate therein
mentioned, and praying the Court upon the hearing of the cause to
ascertain the amount of Said admeasurements and order, adjudge and
decree that the dower of the Said Catharine Brown be admeasured to
her in Said Real estate, and that taking into Consideration Said
Admeasurements, that the Court order adjudge and decree that
partition be made of Said Real estate and Slaves And other personal
property, according to the Respective rights of the parties, And
that unless you be and appear before the Judge of Said St. Clair
Circuit Court at the Courthouse in the Town of Osceola, at the next
term of Said Court to be begun and held on Monday the 5th day of
March next, and on or before the fourth day of Said term, plead
answer or demur to Said petition the Same will be taken as confessed
by you Said non resident defendants. It is further ordered that a
copy of this order be published in the Osceola Democrat as the law
directs.
In Vacation January 11th 1860
Erastus R. Barnes – Plaintiff
against
Francis M. Allen,
Page 83:
In Vacation
Matilda Allen, and John T. Flippe, & Elizabeth his wife - Defendant
Civil action to correct title to Real Estate
Now at this day comes the said plaintiff by his Attorney, and files
in the office of the clerk of the Circuit Court of St. Clair County
Missouri in vacation of Said Court his petition verified by his
affidavit, and it appearing from Said affidavit that the Said
defendants, John T. Flippe and Elizabeth Flippe his wife, are non
residents of the State of Missouri. It is therefore ordered by the
undersigned Clerk of the Said St. Clair Circuit Court, that Said non
resident defendants be notified of this action, by publication as
follows – To John T. Flippe and Elizabeth Flippe you and each of 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 Correcting the
numbers of the land in the deeds mentioned in said petition and
vesting a full and complete title in and to the following described
lands to said plaintiff. To Wit. The west half of lots 2 & 3 of the
NW qr of Section No. One in Township No. 39 of Range No. 25
Containing 38 75/100 acres, And the East half of lot No. 2 of the NE
qr of Section No. 2 in Township No. 39 of Range No. 25 Containing 39
05/100 acres All Situated in St. Clair County Missouri, free and
clear of all claims of all of Said defendants as fully and
Completely as could be done by deed by Said parties, and that unless
you be and appear before the Judge of Said St. Clair Circuit Court
at the Courthouse in the Town of Osceola At the next term of Said
Court to be begun and held on Monday the 5th day of March 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 defendants. It is further Ordered that a Copy of this order
be published in the Osceola democrat as the law directs.
In Vacation January 11th 1860
Elizabeth Brashear – Plff
Against
Waymark M. Brashear – Deft
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 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
Page 84:
In Vacation
be notified of this Suit, by publication as follows To Waymark M.
Brashear, 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 from Said plaintiff, by Said
defendant. 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 March 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 February 11th 1860
Daniel B. Kidd and Mary Kidd – Plaintiff
against
Lucy Ledbetter – Defendant
Civil Action
Now at this day comes the Said plaintiffs before the undersigned
clerk of the Circuit Court of St. Clair County Missouri in Vacation
of Said Court, And Say they will not further prosecute this Suit,
and wish the Same dismissed at their Costs. Whereupon I do hereby
dismiss Said Suit at the Costs of Said plaintiffs.
James W. Beck Clerk
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