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St. Clair County Circuit Court
Microfilm Transcripts
DECEMBER TERM 1843
Page 27:
December Term 1843
At a Circuit Court Commenced and held at the courthouse in the Town
of Osceola in St. Clair County and State of Missouri on Monday the
fourth day of December AD 1843
Present Foster P. Wright – Circuit Judge
Charles P. Bullock Clerk
John Smarr Sheriff
Randolph High & Mary High – Complts
vs
Joseph W. Cox adm’r of the estate of Volentine H. Brown dec’d – Deft
Petition for Dower
Now at this day Comes the complainants here into Court and by leave
of the court files herein their petition, And the said Defendant
being personally present in court says he Cannot deny but admits
that the Charges and allegations in said Complainants petition are
true – Whereupon the Court doth appoint David Ballentine, Charles H.
Yeater and John F. Weidemeyer Commissioners to assign the dower in
the lands in said petition mentioned. And it is Ordered that the
said Commissioners report to this term of the court.
Ordered that Court Adjourn untill tomorrow morning 8 of the Clock.
F.P. Wright
Tuesday Morning Eight of the Clock
Court met pursuant to adjournment
Present as on Yesterday
Joseph Waldo – Complt
vs
Daniel Brant – Deft
Petition to foreclose mortgage
Now at this day Comes the Defendant by his attorney and files herein
his motion to rule the Complainant to security for costs.
James Bolds
vs
John F. Weidemeyer, Thomas E. Draffin & John Draz
Bill and Injunction
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December Term 1843
Now at this day Comes the parties by their attornies and the
Defendants file herein their demurrer to the plaintiffs bill which
demurrer being Argued And the Court being sufficiently Advised and
mature deliberation thereon had It is considered by the Court that
the demurrer be Overruled and that the Complainant recover against
the Defendants the Costs arising from the said demurrer.
Edward H. Delosier & James M. Delosier – Complts
vs
Tandy H. Trice and Nathan Trice – Defts
Bill & Injunction
Now at this day comes the parties by their attornies and on Motion
of the Defendants the bill in this cause is dismissed and it is
further considered that the said defendants have their Execution
against the said Complainants for the additional for per Centum upon
the debt aforesaid together with their Costs And Charges in this
Court laid out & Expended.
William Denson – Complt
vs
Abraham Stow & others – Defts
Bill in Chancery
Now at this day Comes the parties by their Solicitors And the
Complainant by his Solicitor dismisses his said Bill as to the said
defendant Richard Keeney – And both parties being ready for trial
this Cause Comes on for trial Whereupon it appearing to the
chancellor from the Evidence in this Cause that Sometime in the Year
1835 the Complainant and one Richard Keeney who were horse trading
in Copartnership Executed their Joint notes to Thomas Plemmons and
James G. Plemmons and that afterwards the notes were fully paid off
and satisfied by the said Complainant and the said Keeney and the
said notes given up to the said Keeney by the payees thereof That
some five years after this had been paid and delivered up They came
into the hands of Abraham Stow the defendant That said Stow
recovered a Judgment on them against the said Complainant for the
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December Term 1843
satisfaction of which, Executions were issued and levied on the
Complainants property, on the day on which the property was to be
sold by the Constable the said Stow agreed to have the Execution
returned satisfied which was done, and the Complainants paid him
Eighty Dollars in property and Gave him the note mentioned in the
Bill – The Chancellor Considering that the notes of Thomas and James
G. Plemmons having once being fully paid and satisfied by the
Complainant and that the same had again been put in Circulation by
fraud and that it would be unjust and iniquitious that said
Complainant should be Compelled to pay the same demand twice, And
that the note in the bill mentioned had been obtained from the
Complainant to prevent his property from being sold to satisfy and
unjust demand. Therefore it is ordered adjudged and decreed by the
Chancellor that the note in the bill mentioned be Cancelled and
delivered up to the Complainant and that the said Stow be forever
restrained prohibited and enjoined from any proceedings on said note
against the said Complainant And as to so much of the bill as asks
for a decree for the refunding of the money paid by the Complainant
to the said Stow the Court decrees that the said Stow retain the
same in that that paid of the Complainants bill be dismissed And
that as to Thomas Plemmons and James G. Plemmons that the bill be
dismissed as to them And that each party pay his own Costs.
Ordered that Court adjourn untill Tomorrow morning 8 of the Clock.
F.P. Wright
Wednesday Morning 8 of the Clock
Court met pursuant to adjournment
Present as on Yesterday
Joseph Waldo – Compt
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 for a Continuance
of this Cause and for good cause shown this
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December Term 1843
Cause is ordered to be Continued untill the next term of this Court
– And upon further Motion of the defendant leave is given him to
file his plea of fraud at this term of this Court.
William Denson – Complt
vs
Abraham Stow & others – Defts
Bill in Chancery
Now at this day Comes the parties by their Solicitors And the
defendant Abraham Stow by his attorney files herein his Motion for a
new trial, which motion being seen heard And fully understood by the
Court is by the Court Overruled – To which opinion of the Court The
Said defendant Abraham Stow by his Attorney Exempts which was signed
sealed and enroled and made a part of the record.
Joseph Waldo – Complt
vs
Daniel Brant – Deft
Petition to foreclose Mortgage
Now at this day Comes the Defendant by his attorney and files herein
his plea No. 1 & 2. And offers to file his plea of Usury and to the
filing of which said last mentioned plea the court refused.
John Perry And Mary Perry, Wm. Armantrout, Margaret Armantrout, John
Bedell and Catharine Bedell
vs
Lewis R. Ashworth ex’r of the estate of David Huffman deceased
Petition to Annul Will
Now at this day comes the parties by their Attornies And both
parties being ready for trial Comes a Jury towit Henry E. Moran,
Samuel Cox, John Gray, Robert G. Crockett, Edmund Wood, Washington
Whitlow, Ezekiel Cox, Ira Ledbetter, Wilson Y. Taylor, John Reed,
Daniel Cline, And William W. Walters, twelve good and lawful men
tried And Sworn well and truly to try the
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December Term 1843
issue in this Cause Joined After hearing the evidence and Argument
of Counsel retired to Consider of their Verdict.
Ordered that Court adjourn untill Tomorrow morning 8 of the Clock.
F.P. Wright
Thursday morning 8 of the Clock
Court met pursuant to adjournment
Present as on Yesterday
John Perry and Mary Perry, Wm. Armantrout, Margaret Armantrout, John
Bedell and Catharine Bedell
vs
Lewis R. Ashworth Executor of the Estate of David Huffman deceased
Petition to Annull Will
Now at this day again Comes the parties by their Attornies And the
Jury sworn and empanelled to try the issue in this Cause Joined on
Yesterday returns here into Court and reports to the Court here that
they Cannot agree upon a verdict and by Consent of the parties the
Jury are discharged Whereupon the parties being personally present
in Court agrees to submit this Cause to the Court for trial upon the
testimony offered to the Jury Whereupon the Court having heard the
testimony And Argument of Counsel doth find that the instrument of
writing offered in this Cause as the will of Said David Huffman
deceased is not the will of said Huffman Thereupon it is Considered
by the Court here that the said Complainants recover of the estate
of the said David Huffman deceased their Costs and Charges in this
behalf laid out and Expended.
Randolph High and Mary High
vs
Joseph W. Cox Adm’r of the estate of Volentine H. Brown Deceased
Petition for Dower
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December Term 1843
Now at this day comes the parties by their attornies and the
Commissioners Appointed to assign dower in this cause returns here
into Court the following Verdict which is in the words and figures
following to Wit –
We the undersigned Commissioners appointed by the Judge of the St.
Clair circuit court to assign dower in the real estate of Valentine
H. Brown deceased to Mary High the widow of the Said Valentine H.
Brown deceased and first having been duly sworn before entering
uppon the discharge of their duties as commissioners aforesaid
honestly and impartially to execute the land aforesaid and thereon
respectfully beg leave to make the following Report we find that the
said Valentine H. Brown seized & possessed of the following Real
estate to which we have affixed the appraised value of the same
Eighty acres of land lying in the county of St. Clair County the
west half of the North east quarter of section No. 13 in Township
No. thirty Eight Range No. Twenty five valued at $150 per acre $150
Then town Ship Number Eighteen North in Block No. twelve in the town
of Osceola St. Clair County
Lot No. 7 valued at 100
Lot No. 8 valued at 150
Lot No. 9 valued at 80
Total value $1.50
We find upon examination of the above described real estate that the
same is susceptible of division without discriminant to the estate
and therefore we admeasure and assign out of the said real estate of
the said Valentine H. Brown to the aforesaid widow Mary High the
late wife of the said Valentine H. Brown deceased For her dower in
said Real estate The following property to wit Lot No. Eight in
Block No. Twelve lying and being in the town of Osceola St. Clair
County and State of Missouri with all the improvements thereon all
of which Report is
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Dec’r Term 1843
respectfully submitted to the Court. C.H. Yeater, David Ballentine,
Jno. F. Weidemeyer
Therefore it is Considered by the Court and ordered and decreed that
the Said Mary High take for her dower in Said real estate of the
said deceased Lot No. Eight in Block No. Twelve in the Town of
Osceola in St. Clair County with all the improvements thereon so
reported by the Commissioners as aforesaid 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 petitioners recover of the
said Defendant their Costs and charges in this behalf expended And
that the said commissioners each be Allowed the Sum of Two dollars
for their servises.
Pleasant M. Cox adm’r of the estate of Richard P. Crutchfield
deceased
vs
Philips Crow, Roderick D. McCullock and John G. Hennan
Bill in Chancery
Now at this day Comes the parties by their attornies and the
Commissioner Appointed to audit and adjust the accounts of the
respective parties files herein his report which report is by the
Court received. Whereupon the Court doth allow the Said Commissioner
the Sum of Seventy five Dollars for his Servises And it is ordered
that this cause be continued untill the next term of this Court.
Ordered that all Causes And motions not otherwise disposed of be
Continued untill the next term of this Court.
Ordered that Court adjourn untill Court in Course. F.P. Wright
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