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St. Clair County Circuit Court
Microfilm Transcripts
APRIL TERM 1844
Page 34:
April Term 1844
At a Circuit Court Commenced and held at the Courthouse in the Town
of Osceola in St. Clair County on Monday the first day of April 1844
–
Present Foster P. Wright Cir Judge
Chas. P. Bullock clerk
John Smarr Sheriff
Joseph Waldo – Complt
vs
Daniel Brant – Defendant
petition to foreclose Mortgage
Now at this day Comes the parties by their attornies And both
parties being ready for trial This Cause comes on for trial
Whereupon the Court after hearing the Evidence do find that the said
defendant is indebted to the said Complainant in the Sum of One
Thousand Two hundred and fourteen Dollars And Twenty three cents for
his debt And Two hundred and Eighty three Dollars and thirty cents
for his damages Therefore it is Considered by the court here that
The Complainant recover of the said defendant the debt And damages
so assessed by the Court as aforesaid by the Court together with his
costs and charges in this behalf laid out and Expended and that he
have thereof his writ of Execution And it is further ordered and
decreed that the Mortgaged property in said petition mentioned be
levied on by virtue of said Execution and sell to Satisfy the same
Towit the south west fractional quarter of Section No. Twenty Seven
in Township No. Thirty Seven of range No. Twenty six west, South of
Sack River, Also one negro woman named Sopha one negro woman named
Susan one negro boy named Henry one negro man named Arther and two
yoak of work Cattle and the Yoaks – And it is further ordered that
if the said mortgaged property shall not be sufficient to Satisfy
the debt damages and Costs aforesaid then the residue to be levied
of other goods and Chattles lands and tenements of the said
Defendant.
Ordered that Court adjourn untill Tomorrow morning 8 of the Clock.
F.P. Wright
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April Term 1844
Joseph Waldo – Complt
vs
Daniel Brant – Deft
Petition to foreclose mortgage
Now at this day Comes the parties by their attornies and the
defendant by his attorney files herein his motion to arrest the
Judgment in this Cause which motion being argued and by the Court
fully heard And understood is by the Court Overruled – to which
opinion of the court the defendant by his attorney Exeps and offers
to the court here his bill of Exceptions which is signed by the
Court and ordered to be filed and enroled and made a part of the
record.
Avery S. Howard – Plff
vs
Alborn D. Abston – Deft
Petition to foreclose mortgage
Now at this day Comes Fredrick A. Williams and shows to the Court
here that he has an interest in the Mortgaged property in this
petition mentioned and moves the Court for leave to file his plea
and made a party defendant And to him leave is Given, and the said
Williams ordered to be made a party defendant in this Cause.
Eliz. Huffman – Complt
vs
Robert N. Burch and John Perry Adm’r of D. Huffmans Estate – Deft
Petition for dower
Now at this day Comes the Complainant by her attorney And files
herein her petition and the said defendants being personally present
in Court Say they Cannot deny but admits that the Charges and
allegations in said petition are true Therefore the Court do appoint
Nathaniel Bell, John Breckenridge & Lewis R. Ashworth Commissioners
to assign to the said Complainant her dower in said real estate of
the said David Huffman deceased – who files herein their report
which is in the words and figures To wit – To the Hon Judge St.
Clair Circuit Court, we the Commissioners appointed by the Judge of
the St. Clair Circuit Court to assign dower in the estate of David
Huffman deceased to Elizabeth Huffman
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April Term 1844
the widow of the said David Huffman deceased and first being duly
sworn before entering upon the discharge of their duties as
commissioners aforesaid honestly and impartially to Execute the
trust reposed in them respectfully make the following report. We
find the said David Huffman dec’d seized of the following real
estate Towit 160 acres of land being the N. West q’r of S. 5
Township Thirty of Range 26 W. valued at [space] 159 36/100 acres
being the S.W. q’r Section No. 5 Township 37 Range 26 W. value @ at
[space] 80 Acres being the # ½ of N.E. q’r of Section No. 6 Township
37 R. 26 W. Valued at [space] 130 13/100 acres being the N.W. fr.
qr. East Osage River & W ½ N.E. qr. Section 6 Township 37 Range 26
W. valued at [space] 160 acres being the S.E. qr. Section 5 Township
37 and Range 26 west valued at [space] 160 acres being N.E. qr.
Section 5 Township 37 Range 26 west Valued at [space] 14 36/100
acres being the S.E. fr. qr. North Osage River section 3 Township 37
Range 26 Valued at [space] 63 Acres being the same conveyed by
Applegate and wife to Huffman and described as the N.W. fr. qr. of
Section 8 Township 37 Range 26 west which lies north of the Osage
River Valued at [space] All in St. Clair County Mo. Total Value
[space] We find upon Examination of the Above described real estate
that the name is susseptible of division without detriment to the
estate and therefore we admeasure and assign out of said real estate
of David Huffman deceased to the aforesaid Elizabeth Huffman widow
of the late David Huffman for her dower in said real Estate the
following property Towit – first the E half NE qr of S. No. 6 T. 37
R 26 W. 80 acres – The W. half S.W. qr of S. 5 T. 37 R. 26 W. 79
93/100 acres – The W half N.W. qr. of S. No. 5 of T. 37 of R. 26 80
acres – Thence Commencing at the South E Corner of the W ½ of the
S.W. qr. of S. No. 5 and running 10 chains E on the South line of
said section thence due north to the north line of said section
thence 10 chains to the N.E. Corner of the N.W. ½ of the NW qr. of
S. No. 5 T. 37 R. 26 W 40 acres Amounting in all to 279 99/100 acres
All of which report is respectfully submitted to the Hon. Court.
L.R. Ashworth
James M. Breckenridge
Nathaniel Bell
Commissioners
Thereupon it is considered by the Court And ordered and decreed that
the said Elizabeth Huffman take for her dower with real estate of
the Said David Huffman deceased the following real estate To wit –
The East half of the North East quarter of section No. Six in
Township No. 37 in
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April Term 1844
Range No. 26 West containing Eighty Acres – The west half of the
South west quarter of Section No. 5 in Township No. 37 in range No.
26 West containing Seventy nine acres and ninety three hundredths
The West half of the North west quarter of Section No. 5 of Township
No. 37 of Range No. 26 Containing Eighty Acres. Also that portion of
said lands of the said deceased Containing forty Acres And described
as follows To Wit – Commencing at the south east Corner of the west
half of the South west quarter of Section No. 5 from thence running
east ten Chains on the south line of said section Thence due north
to the north line of said section thence ten Chains to the North
East corner of the north west half of the North west quarter of
Section No. 5 in Township No. 37 in range No. 26 West so admeasured
and assigned as aforesaid by the Commissioners aforesaid as the
dower of the said Elizabeth Huffman out of the said real estate of
the said David Huffman deceased – with all the improvements thereon
And that she be endowed of the same for and during her natural life.
And it is further Considered by the Court that the said Elizabeth
Huffman recover of the said defendants her Costs And Charges in this
behalf laid out And Expended.
Avery B. Howard – Complt
vs
Adom D. Huston – Deft
Petition to foreclose mortgage
Now at this day comes the parties by their attornies and the
plaintiff by his Attorney moves the Court for leave to Amend his
Said petition. And to him leave is given And this Cause is Ordered
to be Continued untill the next term of this court.
James Boles – Complt
vs
John F. Weidemeyer, Thomas Draffin and John Draz – Defts
Petition & injunction
Now at this day this Cause Comes on for trial both parties being
ready – Whereupon the Court After hearing the Evidence doth find
that the facts set forth in the Said Complainants Bill are true.
Therefore it is adjudged and ordered by the court that the Said
Defendants And all others be _____ and _____ from the action of the
debt & costs aforesaid against the said [page corner is torn]
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April Term 1844
Books And it is further Considered of the Court that the said James
Boles recover of the Said Defendants his Costs and Charges in this
behalf laid out And Expended and that he have thereof his Writ of
Execution.
Joseph Waldo – Plff
vs
Daniel Brant – Deft
Petition to foreclose Mortgage
Now again at this day come the parties by their attornies And the
Defendant files herein his motion in arrest of the Judgment in this
Cause received – which motion being seen heard And fully understood
by the Court is by the Court Overruled.
Wayman Crow, Joshua Lewis, John C. Teirs & Phocian McCrey – Complts
vs
Philips Crow – Deft
Petition to foreclose Mortgage
Upon the Motion And by Consent of the parties it is ordered that the
order Entered herein at the last term of this Court of the
Acknowledgement of a deed by the Sheriff of St. Clair County to
Joshua Teirs be recinded it being suggested to the Court here that a
mistake was made by said Sheriff in the description of the lands
therein mentioned – Whereupon the Court do order that the said
Sheriff have leave to withdraw said deed and create a new deed –
Whereupon the said sheriff offers to the Court here his new deed And
who is Known to the Court to be the person Whose name is subscribed
thereto as having Executed the same & acknowledged the same to be
his act And deed for the purposes therein Contained.
Wayman Crow, Joshua Teirs, John C. Teirs & Phocian McCrey – Complts
vs
Henry W. Crow – Deft
Petition to foreclose a Mortgage
Upon the motion and by Consent of the parties it is ordered that the
order entered
Page 39:
April Term 1844
terein at the last term of this Court of the acknowledgement of a
deed by the Sheriff of St. Clair County to Joshua Teirs be recinded
it being suggested to the Court here that a mistake was made by said
Sheriff in the description of the lands therein mentioned where upon
the Court do order that the said Sheriff have leave to withdraw said
deed And Execute a new deed. Whereupon the Said Sheriff offers to
the Court here his new deed, And who is to the Court Known to be the
person whose name is subscribed thereto as having Executed the same
and acknowledged the same to be his act and deed for the purposes
therein mentioned.
Pleasant M. Cox & Zachariah Lilley – Plffs
vs
John L. Trabern – Deft
Petition to foreclose a mortgage
Now at this day Comes the Said Complainant by their atty as well as
the Said Defendant in his own proper person And the said defendant
says he Cannot deny but admits that the owes and stands Justly
indebted to the Said plaintiffs in the Sum of Two Hundred and
fifteen Dollars and Two Cents – Therefore it is Considered by the
Court that the said plaintiffs recover of the said Defendant the Sum
of Two hundred and fifteen Dollars and two Cents So Confessed as
aforesaid together with his Costs and Charges in this behalf laid
out and Expended and that they have thereof their writ of Execution,
and it is further Ordered adjudged and decreed by the Court here
that the following described lands and personal property in the Said
plaintiffs petition mentioned Towit: The East half of the North west
quarter of section No. 11 Township No. 38 in range No. 25 Containing
eighty acres, also one Sorrel Horse, one gray mare, one sorrel Colt.
Two years Old and thirty head of Hogs be levied on and sold to
satisfy the same – And it is further ordered that if the mortgage
property be not sufficient to satisfy the aforesaid debt that the
residue to be levied of other goods and Chattles & real estate of
the said defendant to satisfy the same.
[written in left hand margin:] I P.M. Cox for Cox & Lilley do hereby
acknowledge satisfaction in force of this Judgment this 14th July
1847. P.M. Cox. Witness Chas. P. Bullock Clerk
Ordered that Court Adjourn untill Court in Course. F.P. Wright
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