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St. Clair County Circuit Court

St. Clair County Circuit Court
Microfilm Transcripts

IN VACATION SEPTEMBER 1860

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In Vacation

In Vacation September 28th 1860.
Aaron Trippet and Pines R. Dann – Plaintiffs
against
Joseph M. Baker – Defendant
Civil Action and Attachment
Now at this day comes the said plaintiffs and file in the office of the clerk of the circuit court of St. Clair County in the State of Missouri, their petition. And it appearing from the Affidavit filed with said petition that the said defendant has absented himself from his usual place of abode in this state, so that the ordinary process of law Cannot be served upon him, and that said defendant has not to offiant’s knowledge any goods chattels effects or credits within this state liable to attachment issued by a Justice of the peace. It is therefore ordered by the undersigned clerk of said St. Clair Circuit Court in vacation of said Court, that said defendant be notified of this action by publication as follows. To Joseph M. Baker the above named defendant. You are hereby notified that said plaintiffs have filed their petition and commenced suit by attachment against you in said St. Clair circuit Court founded on an account for the sum of Twenty dollars and forty three cents for goods wares and merchandize by said plaintiffs Sold and delivered to you in the year 1860 that your property has been attached and unless you appear at the next term of said court to be begun and held at the Court house in the Town of Osceola on Monday the 4th 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 according to law.

In vacation September 29th 1860
William S. Baker and Stinson S. Stearns – Plaintiffs
Against
Joseph Misner and Joseph M. Baker – Defendants
Civil Action by Attachment
Now at this day comes the said Plaintiffs and file in the office of the clerk of the Circuit Court of St. Clair county in the State of Missouri, their petition. And it appearing from the affidavit filed with said petition that the said defendants have absented themselves from their usual place of abode in this State so that the ordinary process of law cannot be served upon them and that said defendants have not



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to affiants knowledge, any goods, Chattels effects or credits within the State to be liable to Attachment issued by a Justice of the peace. It is therefore ordered by the undersigned Clerk of said Circuit Court in vacation of said Court that said defendants be notified of this action by publication as follows: To Joseph Misner and Joseph M. Baker the above named defendants. You are hereby notified that said plaintiffs have filed their petition and commenced suit by attachment against you in said St. Clair Circuit Court founded on a promissory note executed by you dated the 6th day of September 1860 payable to plaintiffs and due ninety days after date for the sum of Ten Dollars and fifty cents. That your property has been attached and unless you appear at the next term of said Court to be begun and held at the Court house in the Town of Osceola on Monday the 4th 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.
James W. Beck clerk

In vacation October 1st 1860
Adam Trippet and William H. Scoby – Plffs
Against
James Stewart – Defendant
Civil Action by attachment
Now at this day comes the said plaintiffs and file in the office of the Clerk of the Circuit Court of St. Clair County in the State of Missouri, their petition. And it appearing from the affidavit filed with said petition that the said defendant has absented himself from his usual place of abode in this State so that the ordinary process of law Cannot be served upon him and that said defendant has not to affiants Knowledge any goods chattels affects or credits within this state liable to do attachment issued by a Justice of the Peace. 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 James Stewart the above named defendant. You are hereby notified that said plaintiffs have filed their petition and commenced suit by attachment against you in said St. Clair Circuit Court founded on a note for the sum of Seventeen dollars and sixteen Cents dated the 29th day of November 1858 due one day after date with interest at 10 per cent



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that your property has been attached and unless you appear at the next term of said Court to be begun and held at the Court house in the Town of Osceola on Monday the 4th 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 according to law.

In vacation October 2nd 1860
William Hartley – Plff
vs
David M. Bigham – Deft
Replevin
Now at this day comes the said plaintiff by his attorney and files herein his declaration the object and general nature of which is to recover from the said defendant one roan Stallion horse two years old charged to be unlawfully detained by Said defendant and claimed by said plaintiff and Said declaration being verified by the affidavit of said plaintiff as the law requires It is therefore ordered by the undersigned clerk of the Circuit Court of St. Clair County in the State of Missouri in vacation of said court that the said defendant deliver the said roan Stallion horse Specified in said plaintiffs affidavit to the Sheriff of St. Clair County And that if the same be not delivered to said Sheriff that he take the same from said defendant and deliver Said Stallion horse to said plaintiff.
James W. Beck Clerk

In vacation October 15th 1860
John J. Yeater – Plaintiff
against
Joseph M. Baker – defendant
Civil action and attachment
Now at this day comes the said Plaintiff and files in the office of the clerk of the circuit court of St. Clair County in the State of Missouri his petition And it appearing



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from the affidavit filed in the said petition that the Said defendant has absented himself from his usual place of abode in this State So that the ordinary process of law cannot be served upon him and that Said defendant has not to affiants knowledge any goods chattels effects or credits within this State liable to an attachment issued by a Justice of the peace 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 Joseph M. Baker the above named defendant. You are hereby that Said plaintiff has filed his petition and commenced suit against you in Said St. Clair circuit court founded on an account for the sum of eighteen dollars and ninety six cents that your property has been attached and unless you be and appear at the next term of Said court to be begun and held at the courthouse in the Town of Osceola on Monday the 4th 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 Osage Valley Star according to law.
James W. Beck clerk

In vacation October 30th 1860
Fountain G. Delozier – Plaintiff
Against
David Stewart and Clarissa Stewart his wife, Paren Delozier, James M. Delozier, Abraham Charlton and Jane Charlton his wife, Cromwell Delozier, Frances Moore, Joseph Delozier, Vincent Wyatt, George Wyatt and Ann Norton – Defendants
Petition for Partition
Now at this day comes the said plaintiff and files in the office of the clerk of the circuit Court of St. Clair County in the State of Missouri in vacation of said court his petition against the above named defendants and it appearing from the affidavit filed with said petition that the said defendants David Stewart and Clarissa Stewart his wife, Cromwell Delozier and Ann Norton are nonresidents of the State of Missouri It is therefore ordered by the undersigned clerk of St. Clair



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Circuit Court, that said non-resident defendants be notified of the commencement of this suit by publication as follows To David Stewart and Clarissa Stewart his wife, Cromwell Delozier and Ann Norton. 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 a Judgment and decree from said court for partition and division of the following described real estate situated in the County of St. Clair and State of Missouri to wit: The South East quarter of the South East quarter of Section No. Seventeen in Township No. thirty seven of Range No. twenty four containing Forty acres, among and between said parties according to their respective rights as set forth in said petition and that unless you be and appear before the Judge of St. Clair Circuit Court at the next term of said Court to be begun and held at the Court house in the Town of Osceola on Monday the 4th 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. It is further ordered that a copy of this order by published in the Osage Valley Star, according to law.

In vacation October 30th 1860
Fountain G. Delozier – Plaintiff
Against
Fanny otherwise called Frances Delozier, David Stewart and Clarissa Stewart his wife, Paren Delozier, Abraham Charlton and Jane Charlton his wife, Cromwell Delozier, Frances Moore, Vincent Wyatt, George Wyatt and Ann Norton – Defendants
Civil Action to quiet and Establish title to Real Estate
Now at this day comes the said plaintiff and files in the office of the clerk of the Circuit Court of St. Clair County in the State of Missouri in vacation of said Court his petition against the above named defendants and it appearing the affidavit filed with said petition that the said defendants David Stewart and Clarissa Stewart his wife, Cromwell Delozier and Ann Norton are nonresidents of the State of Missouri. It is therefore 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



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as follows To David Stewart and Clarissa Stewart his wife, Cromwell Delozier and Ann Norton. 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 vesting in said plaintiff all right title or interest that Edward Delozier now deceased, and his wife had in or to the following described tract of land lying and being in the County of St. Clair and State of Missouri to wit The west half of the north East quarter of Section No. twenty in township thirty seven of Range No. twenty four Containing eighty acres, and divesting each and all of said defendants of any claim to said real estate and that they deed each of them and their heirs forever unjoined against protecting or maintaining any dues for the same And that unless you be and appear before the Judge of said St. Clair Circuit court at the next term of said Court to be begun and held at the Court house in the town of Osceola on Monday the 4th 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 residents. It is further ordered that a Copy of this order be published in the Osage Valley Star according to law.

In vacation November 10th 1860
Charles H. Yeater, Plaintiff
Against
Ambrose B. Prock – Defendant
Civil Action and Attachment
Now at this day comes the said plaintiff and files in the office of the clerk of the Circuit Court of St. Clair County in the State of Missouri his petition. And it appearing from the Affidavit filed with Said petition that the said defendant has absented himself from his usual place of abode in this State so that order of process cannot be served upon him, and that said defendant has not to affiants knowledge any goods chattels effects or credits within this State liable to attachment whereas by a Justice of the peace. It is therefore ordered by the undersigned Clerk of said St. Clair Circuit Court in vacation of said court that said defendant be notified of this action by publication as follows To Ambrose B. Prock the above named defendant. You are hereby notified that said plaintiff has filed his petition and Commenced Suit by attachment against you in said St. Clair Circuit Court founded on a note for the Sum of Twenty seven dollars and eleven Cents dated the 2nd day



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of January 1860 due one day after date with interest at 10 per cent per annum from maturity executed by you and payable to plaintiff. That your property has been attached and unless you be and appear at the next term of said Court to be begun and held at the court house in the town of Osceola on Monday the 4th 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 Osage Valley Star according to law.

In vacation November 10th 1860
James W. Beck – Plaintiff
Against
Ambrose B. Prock – Defendant
Civil Action and Attachment
Now at this day comes the said plaintiff and files in the office of the clerk of the circuit court of St. Clair County in the State of Missouri his petition. And it appearing from the affidavit filed with said petition that said defendant has absented himself from his usual place of abode in the State of Missouri so that the ordinary process of law cannot be served upon him and has not to affiants knowledge, any goods chattels effects or credits within this State liable to attachment issued by a Justice of the peace. It is therefore ordered by the undersigned clerk of said St. Clair Circuit Court in vacation of said Court that said defendant be notified of this action, by publication as follows To Ambrose B. Prock the above named defendant. You are hereby notified that said plaintiff has filed his petition and commenced suit by attachment against you in the Circuit Court of St. Clair County in the State of Missouri founded on a promissory note for the sum of twenty five dollars dated the 12th day of March 1859 due the twenty fifth day of December 1859 with interest at ten per cent per annum from date. That your property has been attached and unless you be and appear at the next term of said court to be begun and held at the Court house in the Town of Osceola on Monday the 4th 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 Osage Valley Star according to law.



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In vacation December 17th 1860
Joseph Walker – Plaintiff
Against
The unknown heirs of Jonas Caton and the unknown heirs of Claborn McDarmed and Elizabeth McDormed – Defendants
Civil Action to Correct deed and Establish title to Real Estate
Now at this day comes the said plaintiff and files in the office of the Clerk of the Circuit Court of St. Clair Co. in the State of Missouri in vacation of said court his petition against the above named defendants and it appearing from the affidavit filed with said petition that the heirs of the said defendant Claborn McDormed are nonresidents of the State of Missouri. It is therefore ordered by the undersigned Clerk of said St. Clair Circuit Court that said unknown and nonresidents defendants be notified of the commencement of this suit by publication as follows. To the unknown heirs of Jonas Caton and the unknown heirs of Claiborn McDormed and Elizabeth McDormed. 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 a mistake in a deed from said Jonas Caton to the said Claiborn McDormed dated the 25th day of January 1846 and to divest said Caton and his heirs of all right title interest or claim that they had or have in and to a certain tract of land lying and being in the County of St. Clair and State of Missouri described as follows to wit: The West half of the North East quarter of Section No. thirty Six in Township No. thirty eight of Range No. twenty Six Containing Eighty two acres and vesting the same in said plaintiff and for such other and further relief in the premises as he Shall be entitled to in equity and that unless you be and appear before the Judge of said St. Clair Circuit Court at the next term of said Court to be begun and held at the Court house in the Town of Osceola, on Monday the 4th 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. It is further ordered that a copy of this order be published in the Osage Valley Star according to law.



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In vacation February 14th 1861
George Miller – Plff
against
James L. Pennington – Deft
Replevin
Now at this day comes the said plaintiff by his attorney and files herein his declaration the object and general nature of which is to recover from the said defendant one black mare seven years old charged to be unlawfully detained by said defendant and claimed by said plaintiff and said declaration being verified by the affidavit of Said plaintiff as the law requires It is therefore ordered by the undersigned clerk of the circuit court of St. Clair county in the State of Missouri in vacation of said Court that the Said defendant deliver the Said black mare Specified in Said plaintiffs affidavit to the Sheriff of Said county of St. Clair And that if the same be not delivered to said Sheriff that he take the same from the Said defendant and deliver Said Mare to said plaintiff.
James W. Beck clerk

 

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