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St. Clair County Circuit Court
Microfilm Transcripts
DECEMBER TERM 1856
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December Term 1856
At an adjourned Session of the circuit Court of St. Clair county
Missouri begun and held at the court house in the Town of Osceola
within and for the county and State aforesaid on Monday the 8th day
of December AD 1856 in continuation of the last November Term of
said court. Present
De Witt C. Ballou Judge
James W. Beck Clerk
Daniel P. Morgan Sheriff
Thomas W. Freeman Circuit attorney
State of Missouri
vs
Mordecai M. Hausbrough
Indictment for Assault with intent to Kill
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said Defendant
Mordecai M. Hausbrough in his own proper person as principal and
James M. Agee And Levi M. Reese as his sureties and acknowledge
themselves Jointly and Severally to owe and Stand indebted to the
State of Missouri in the Just and full sum of Five hundred Dollars
to be levied of their respective goods and chattels lands and
tenements to the use of Said State To be rendered void upon
condition that the said defendant Mordecai M. Hausbrough Shall make
his personal appearance before the Judge of this court at the Court
house in the Town of Osceola on the first day of the next term of
said court to Answer Said Indictment for an assault with intent to
Kill and obey the decision of the court And not depart the court
without leave.
State of Missouri
vs
George Wyatt
Indictment for disturbing religious worship
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said Defendant by
William A. McClain his attorney and the said defendant by her said
attorney
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December Term 1856
for his plea in this behalf Says he is guilty in Manner and form as
in said Indictment is charged against him for his punishment puts
himself upon the Mercy of the Court Whereupon the court doth assess
a Fine of one Dollar against the Said State of Missouri recover
against the said defendant the said Sum of One Dollar for her fine
assessed by the court as aforesaid together with her costs in this
behalf laid out and expended and that execution Issue therefor and
that said Defendant render himself in execution therefor.
State of Missouri
vs
Joseph Delozier
Indictment for disturbing religious worship
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said defendant by
William A. McClain his attorney and the Said defendant by his said
attorney for his plea in this behalf Says he is guilty in manner and
form as in Said Indictment is charged against him and for his
punishment puts himself upon the mercy of the court whereupon the
court doth assess a fine of one Dollar against Said Defendant It is
therefore considered by the court that the Said State of Missouri
recover against Said Defendant the said Sum of one Dollar for her
fine So assessed by the Court As aforesaid together with her costs
in this behalf laid out and expended And that execution Issue
therefor and that said Defendant render himself in execution
therfor.
State of Missouri
vs
Samuel P. Hedges
Indictment for Keeping a ferry without License
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri
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December Term 1856
in this behalf as well as the said defendant in his own proper
person and by attorney And the Motion filed at the last November
term of this court by said defendant to quash said Indictment coming
on to be heard and the Same having been seen heard and fully
understood by the court is by the court overruled And thereupon the
Said Defendant for his plea in this behalf Says he is Guilty in
Manner and form as in said Indictment is charged against him and for
his punishment puts himself upon the mercy of the court whereupon
the court doth assess a Fine of Twenty Dollars against said
Defendant It is therefore considered by the court that the said
State of Missouri recover against the said Defendant the Said Sum of
Twenty Dollars for her fine So assessed by the court as aforesaid
together with her costs in this behalf laid out and expended And
that execution Issue therefor and that said defendant render himself
in execution therefor.
[written in left hand margin:] This fine against Samuel P. Hodges
has been remitted by the Governor of the State of Missouri And
Certificate of same filed in my office This 6th day of February AD
1859. Attest James W. Beck Clerk
State of Missouri
vs
Valentine Hoover
Indictment for assault with intent to Kill
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and says he will not further
prosecute said Indictment against the said Defendant but dismisses
the Same. It is therefore considered and ordered by the court that
the Said defendant be acquitted and from his recognizance discharged
and that he go hence thereof without day.
On Motion of Waldo P. Johnson It is ordered by the court that Arnold
B. Whipple attorney at law be and he is by the court Authorized to
Sign the Roll of practicing attorneys in this court.
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December Term 1856
State of Missouri
vs
George W. Yeater
Indictment for a felonious assault
Now Thomas W. Freeman the Circuit attorney having heretofore engaged
as counsel for the said defendant in this case It is ordered by the
court that Oliver C. Hall attorney at law be appointed Circuit
attorney protem to prosecute for the State of Missouri in this case
who being in court here accepts said appointment and consents to act
as circuit attorney in this case and thereupon comes the said
Defendant George W. Yeater in his own proper person and by attorney
and for his plea in this behalf the Said Defendant Says he is not
guilty in manner and form as in said Indictment is charged against
him and for his trial puts himself upon the country and the circuit
attorney who prosecutes for the State of Missouri in this behalf
doth the Same And thereupon comes a Jury To wit Peter Stephens,
Jesse Looney, Abram C. Copenhaver, Elza B. Culbertson, Robert
Parnley, Charles M. Allen, William C. Douglass, John C. Looney,
Joseph K. Pangle, John B. Cox, John E. Weston and John Barlow Twelve
good and lawful men who having been elected and sworn to well and
truly try the Issue in this cause Joined after hearing the evidence
and after being out a reasonable length of time Returned in to court
and reported to the court that they had not been able to agree upon
a verdict And were by the court adjourned until tomorrow morning 8
oclock under the Usual charge of the court.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Circuit Judge
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December Term 1856
Tuesday morning December 9th 1856 court met pursuant to adjournment
present as on yesterday
Elcanah Cain – Plaintiff
vs
William Duckworth – Deft
Civil action
Now at this day comes the said Plaintiffs attorney and Suggests and
proves to the satisfaction of the court that the Said Plaintiff has
departed this life Since the last term of this court And thereupon
the Said Plaintiffs attorney dismisses this suit And the said
defendant by his attorney moves the court for Judgment against the
Plaintiffs Security for costs in this case and it appearing to the
court from the obligation heretofore filed in this cause that Daniel
Perrin has by said obligation become liable and bound for all costs
that have or may accrue in this Cause It is therefore considered by
the court that the Said Defendant recover against the Said Daniel
Perrin as Security for costs in this cause his costs and charges in
this cause laid out and expended And that execution issue therefor.
State of Missouri
vs
George W. Yeater
Indictment for a felonious assault
Now at this day again comes into court here the Jury Sworn on
yesterday to try the Issue in this cause Joined and returned the
following verdict To wit. “We the Jury upon our oaths find the
defendant not guilty in manner and form as charged in the
Indictment. Wm C. Douglass Foreman” It is therefore considered by
the court that Said defendant be acquitted and that he be from his
recognizance discharged and that he go hence thereof without day.
On motion of Thomas W. Freeman It is ordered by the court that
Alexis Warnsley be and he is by the court Authorized to sign the
roll of practising attorneys in this court.
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December Term 1856
The Bond of Daniel P. Morgan as Sheriff of St. Clair County Missouri
Filed and approved by the clerk of the Court and approved by said
clerk on the 19th day of August 1856 For the penal Sum of Ten
thousand Dollars with John T. McClain, Waldo P. Johnson, William A.
McClain, John Tally, Lawrence Lewis and Joseph W. Cox as Securities
thereto And dated the 13th day of August 1856 Being by the court
examined is by the Court considered good and Sufficient and by the
court Approved.
State of Missouri
vs
James Fowler
Indictment for a felonious assault
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said defendant in
his own proper person and by attorney And the Said defendant for his
plea in this behalf Says he is not guilty in manner and form as in
said Indictment is charged against him and for his trial puts
himself upon the country and the circuit attorney for the State of
Missouri doth the same And both parties being ready for trial comes
a Jury To wit. William Bunch, Socrates B. Stone, William F. Evans,
John Ghonnley, Robert Sikes, Richard E. McCullock, William Dudley,
William Duckworth, Robert G. Crockett, Thomas H. Carr, Joshua
Dallas, and Joel Starkey Twelve good and lawful men Elected and
Sworn to well and truly try the Issue in this cause Joined who after
hearing the evidence and a portion of the argument of counsel and
there not being sufficient time to go through with the case today
the Jury was by the court adjourned until tomorrow Morning 8 oclock
under the Usual charge of the court.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Cir Judge
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December Term 1856
Wednesday morning December 10th 1856 court met pursuant to
adjournment present as on yesterday
State of Missouri
vs
James Fowler
Indictment for a felonious Assault
Now at this day comes again the circuit attorney who prosecutes for
the State of Missouri in this behalf as well as the said Defendant
in his own proper person and by attorney and the Jury Sworn on
yesterday to try the Issue in this cause Joined who after hearing
the argument of counsel through Returned in to court the following
verdict To wit “We the Jury up on our oath find the defendant not
guilty in manner and form as charged in the Indictment. J. Dallas
Foreman” It is therefore considered by the court that the said
defendant be acquitted and from his recognizance discharged and that
he go hence thereof without day.
John B. Brown – Plff
vs
John McDowell Adm’r of Henry Dent Dec’d Deft
Appeal from County Court
Now at this day comes the Said parties by their attorneys And the
Said Defendants Moves the court for a continuance in this cause
until the next Term of this court And for good and sufficient cause
produced by said defendant It is ordered by the court that this
cause be continued until the next term of this court.
William Hook – Plff
vs
Elisha Thomas – Deft
Civil Action
Now at this day comes the said Plaintiff by his attorney and by
leave of the court files herein his amended petition in this cause.
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December Term 1856
John Wix Adm’r of Robert Beaty Dec’d – Plff
vs
William W. Patterson – Deft
Appeal from Justices court
Now at this day comes the Said parties by their attorneys And both
parties being ready for trial and neither party requiring a Jury
this cause is by the said parties Submitted to the court whereupon
the court after hearing the evidence doth find the Said defendant
Justly indebted to the Said Plaintiff in the sum of Twenty five
Dollars It is therefore considered by the court that the Said
Plaintiff recover against the Said Defendant the said sum of $25.00
So found by the court as aforesaid together with his cost in this
behalf laid out and expended And that Execution Issue therefor.
John T. Metcalf – Plff
vs
Daniel Dale – Deft
Civil action
Now at this day comes again here into court the said parties by
their attorneys and the Said defendant withdraws his answer to said
Plaintiffs petition and consents that Judgment may be rendered
against him by the court here for the Sum of Five Thousand dollars
the damage claimed in Said petition as well as said plaintiffs costs
It is therefore considered by the court here that Said plaintiff
have and recover of said defendant the said sum of Five thousand
Dollars the damages aforesaid as well as all of said Plaintiffs
costs in this behalf laid out and expended from the commencement of
this suit And said plaintiff being in court here remits and releases
All said damages except for the Sum of one hundred and twenty five
Dollars And It is ordered by the court that Execution Issue for the
said sum of one hundred and twenty five Dollars and said costs.
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December Term 1856
Lewis Metcalf Adm’r of James Beale Dec’d – Plff
against
Daniel Dale – Defendant
Civil Action
Now at this day comes the Said parties by their attorneys and both
parties being ready for trial comes a Jury Towit Thomas F. Wright,
Henry E. Moran, Henry Reese, David B. Thompson, William Brown, John
R. Wright, William T. Matlock, James F. Ward & Benjamin Brown and
there not being time to make a full Jury this evening the above
named Jurors were by the court adjourned until tomorrow morning 9
oclock under the usual charge of the court and this cause is by the
court continued until tomorrow morning 9 oclock.
Ordered that court adjourn until tomorrow morning 9 oclock. De Witt
C. Ballou Circuit Judge
Thursday morning December 11th 1856 Court met pursuant to
adjournment Present as on Yesterday.
Theoderick Snuffer – Plff
as
Socrates B. Stone – Deft
Civil action
Now at this day comes the Said parties by their attorneys and the
said Defendant there upon moves the court for a continuance in this
cause until the next term of this court and the court having heard
and fully understood said motion doth order that this cause be
continued until the next term of this court at the Said Defendants
Costs It is therefore considered by the court that the Said
Plaintiff have and recover of said defendant his costs in this
behalf laid out and expended at and about this term of this court
And that execution Issue therefor.
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December Term 1856
William Hook – Plff
vs
Elisha Thomas – Deft
Civil Action
Now at this day comes the Said Defendant by his attorney And by
leave of the court files herein his Demurrer in this cause.
Lewis Metcalf Administrator of the Estate of James Beale Dec’d –
Plff
vs
Daniel Dale – Deft
Civil Action
Now at this day comes again the said parties by their attorneys and
It being proven to the satisfaction of the court here that Benjamin
Brown one of the Jurors Sworn on yesterday to try the Issue in this
cause Joined is unable to Serve on said Jury he is by the court
discharged And thereupon comes the following named Jurors Towit John
B. Cox, William H. Scoby, Hugh Barnett, and Robert Mornow and making
together with those Sworn on Yesterday Twelve good and lawful men
(besides Benjamin Brown who has been Excused) who having been
elected and sworn to well and truly try the Issue in this cause
Joined The said Plaintiff by his attorney asked leave to amend his
petition in this cause which was by the court granted And the Jury
after hearing a portion of the evidence and there not being
Sufficient time to go through with the case this evening were by the
court adjourned until tomorrow morning 9 oclock under the usual
charge of the court and this cause is by the court continued until
tomorrow morning 9 oclock.
Ordered that court adjourn until tomorrow morning 9 oclock. De Witt
C. Ballou Circuit Judge
Friday morning December 12th 1856 Court Met pursuant to adjournment
present as on yesterday.
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December Term 1856
J.D. Gildersleeve
vs
William B. Lain
Appeal from Justices court
Now at this day comes the said defendant by his attorney and by
leave of the court files herein his motion to dismiss this cause.
J.D. Gildersleeve
vs
Peter Stephens
Appeal from Justices court
Now at this day comes the said Defendant by his attorney and by
leave files herein his motion to dismiss this Cause.
Thomas Copenhaver Adm’r of the Estate of James L. Smith Dec’d
vs
John Brock
Appeal from Justices court
Now at this day comes the said defendant by his attorney and by
leave of the court files herein his motion to Strike this cause from
the Docket of this court.
Parmelia Wilson – Plff
vs
Waldo P. Johnson Ex’r of the Estate of Charles Younger Dec’d – Deft
Civil action
Now at this day comes the Said parties by their attorneys And the
said plaintiff by her attorney presents to the court her petition
verified by the affidavit of said plaintiff praying the court to
compel the Said Defendant to produce in this court a certain paper
referred to in Said petition as a contract of written agreement
between said plaintiffs and Defendants Testator for a Swap or
exchange of Slaves and in said petition alledged to be in defendants
possession Whereupon It is ordered by the court that the said
defendant be and he is by the court required to produce Said paper
in this court. And the Said Defendant thereupon presents and
Exhibits
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December Term 1856
the Said paper in court here and to the Said Plaintiffs Attorney and
delivers a copy thereof to plffs attorney And thereupon the said
plaintiff by her attorney asks leave of the court to amend her
petition in this cause And to her leave is by the court granted.
Martin M. Forrin – Plff
vs
Joseph C. Montgomery – Deft
Civil Action on change of venue From Hickory
Now at this day comes the said parties by their attorneys And the
Said Plaintiff presents to the court and files herein his Motion and
affidavit for a continuance of this cause which said motion having
been by the court seen heard and fully understood It is ordered by
the Court that this cause be continued until the Next term of this
court at the costs of Said Plaintiff It is therefore Considered by
the Court that the Said Defendant have and recover against the Said
Plaintiff his costs and charges in this behalf laid out and expended
at and about this term of this court and that Execution Issue
therefor.
William Hook – Plff
vs
Elisha Thomas – Deft
Civil Action
Now at this day comes the Said parties by their attorneys And the
Demurrer filed in this cause by Defendant on Yesterday Coming on to
be heard and having been by the court Seen heard and fully
understood Is by the court Sustained So far as relates to the matter
of costs claimed on the Judgment Sued on by plaintiff and as to all
other matters in said Demurrer the Same is by the Court overruled.
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December Term 1856
Lewis Metcalf Adm’r of the Estate of James Beale Dec’d – Plff
vs
Daniel Dale – Deft
Civil Action
Now at this day comes again the Said parties by their attorneys And
the Jury Sworn to try the Issue in this cause Joined returns into
court here and after hearing the evidence through returned into
court the following verdict to wit: “We the Jury find the Issues in
favor of plaintiff and assess the damages at the sum of Eight
hundred Dollars. Thomas F. Wright Foreman” It is therefore
considered by the court that the Said plaintiff have and recover of
the Said defendant the Said Sum of Eight hundred Dollars So Assessed
by the Jury as aforesaid together with his costs and charges in this
behalf laid out and Expended And that Execution Issue therefor.
Ordered that court adjourn until tomorrow Morning 9 oclock. De Witt
C. Ballou Circuit Judge
Saturday morning December 13th 1856 court Met pursuant to
adjournment present as on yesterday.
Thomas Copenhaver Adm’r of the Estate of James L. Smith Dec’d – Plff
vs
John Burch – Deft
Appeal from Justices court
Now at this day comes the said parties and by agreement of said
parties this cause is by the Court continued until the next term of
this court And the said Defendant the Appeller here in court waives
notion of the taking of said appeal.
J.D. Gildersleeve – Plff appel’l
vs
Peter Stephens – Deft appel’e
Appeal from Justices court
Now at this day comes the said parties by their attorneys and by
agreement of the parties It is ordered by
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December Term 1856
the court that this cause be continued until the next term of this
court and the said Defendant the appeller here in court waives
notice of the taking of said appeal.
J.D. Gildersleeve –Plff & Appellant
vs
William B. Lain – Deft & Appellee
Appeal from Justices court
Now at this day comes the said parties by their attorneys and by
agreement of the parties It is ordered by the court that this cause
be continued until the next term of this court And the said Deft
[space] the appellee here in court waives notice of the taking of
said appeal.
Lewis Metcalf Adm’r of the Estate of James Beale Dec’d – Plff
vs
Daniel Dale – Deft
Civil action
Now at this day comes again the said defendant by his attorney and
by leave of the court files herein his motion for a new trial in
this Cause which said motion having been seen heard and fully
understood by the court is by the court overruled And therefore the
said Defendant excepted to the decision of the court in overruling
his said Motion for a new trial And files herein his Motion in
arrest of the Judgment rendered in this cause which said motion
having been seen heard and fully understood by the court is by the
court overruled to which said decision the said Defendant excepted
and files herein his affidavit and prays an appeal to the supreme
court which Said appeal is by this court Granted And thereupon the
said Defendant files herein his recognizance with three Securities
in the penal Sum of Two thousand Dollars conditioned as the law
directs which said recognizance is by the court approved.
William C. Harper – Plff
vs
Elbert Feaster – Deft
Civil action Change of venue from Benton
Now at this day comes the
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December Term 1856
said plaintiff and files herein his affidavit Setting forth the fact
that B.L. Dozier a witness on the part of said plaintiff who has
been duly summoned to appear at this term of this court has failed
to appear and moves the court for an attachment to compel the
attendance of said witness whereupon It is ordered by the court that
an attachment be Issued for said witness directed to the Sheriff of
Hickory County returnable on Monday next at 12 oclock.
John Ghennly – Plff
vs
Thomas Coulthard & John Herndon – Defts
Civil action
Now at this day comes the said Plaintiff by his attorney and
dismisses this Suit as against the Said Defendant John Herndon And
the Said defendant Thomas Coulthard by his attorney Comes into court
here and both parties announce ready for trial a Jury is by the
court ordered And the said defendant Coulthard by his attorney files
herein his motion to rule the Said plaintiff to Security for costs
which said motion is by the court overruled for the reason that said
Defendant had announced ready for trial before making said motion
And thereupon comes a Jury To wit: Christopher C. Corbin, Frederick
Smith, Felix Bailey, Harry C. Douglass, Cotesworth P. Ashworth,
William Commons, Milton Garrett, Greenberry H. Culbertson, Christian
L. Good and Thomas J. Jackson ten good and lawful men Elected and
agreed upon by the parties as a Sufficient Jury to try the Issue in
this cause who having been duly Sworn to well and truly try the
Issue in this cause Joined and after hearing the evidence by
agreement of the parties were by the court discharged and the Said
Plaintiff by his attorney dismisses this Suit and by agreement of
the parties the said defendant Thomas Coulthard is to pay the costs
of Said Suit It is therefor considered by the court here that the
Said Plaintiff have and recover of the Said Defendant Thomas
Coulthard his costs
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December Term 1856
in this behalf laid out and expended So agreed upon by the parties
as aforesaid and that Execution Issue therefor.
State of Missouri By John J.C. Woolf Prosecutor – Plff
vs
George W. Yeater – Deft
Assault & Battery appeal from Justices Court
Now at this day comes Oliver C. Hall circuit attorney Protem who
prosecutes for the State of Missouri in this behalf as well as the
Said Defendant by Waldo P. Johnson his attorney And for his plea in
this behalf the Said defendant by his Said Attorney says he is
guilty in manner and form as in the affidavit filed in Said cause is
charged against him and for his punishment puts himself upon the
mercy of the court Whereupon the court doth assess a Fine of Five
Dollars against Said Defendant for said offence. It is therefore
considered by the Court that the Said State of Missouri recover
against the Said Defendant the Said Sum of Five Dollars for her fine
So assessed by the Court as aforesaid together with her costs in
this behalf laid out and expended And that execution Issue therefor
And that the Said defendant render himself in Execution therefor.
Ordered that court adjourn until Monday morning next at 9 oclock. De
Witt C. Ballou Circuit Judge
Monday morning December 15th 1856 court Met pursuant to adjournment
present as on Saturday last.
Thomas C. Bradley
vs
Dabney A. Whitlow
Replevin
Now at this day comes
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December Term 1856
the Said parties by their attorneys and by agreement of the parties
It is ordered by the court that the said defendant have leave to
file his answer to plaintiffs petition at the next term of this
court and Said Next term to be the trial term for said cause.
John T. McClain Asignee of Corbin & Barnes – Plff
vs
Henry Pollard – Deft
Civil action
Now at this day comes the said parties by their attorneys and by
agreement of said parties It is ordered by the court that this cause
be continued until the next term of this court.
William Hook – Plff
vs
Elisha Thomas – Deft
Civil Action
Now at this day comes again here into court the Said parties by
their attorneys and Neither party requiring a Jury but waiving a
trial by the Same by consent of said parties the trial of Said cause
was Submitted to the court here upon the petition And original
answers filed in this cause And the court thereafter hearing the
evidence and Said plaintiff by his attorney waiving his claim for
interest on said Judgment in his petition mentioned except for
Interest at the rate of six per cent per annum and Said parties
waive a Special finding of the facts and decision therein the court
here doth find the Issues for the Plaintiff and that said plaintiff
is entitled to six per cent per annum upon said Judgment from the
day of the rendering of the same and the court here doth find that
Said defendant is indebted to said plaintiff by reason of the
premises in the sum of Two thousand four hundred and eighteen
Dollars and ninety five cents and doth assess said plaintiffs debt
and damages by way of Interest at 6 per cent Annum at that Sum It is
therefore considered by the court here that said Plaintiff have and
recover of said
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December Term 1856
Defendant the said Sum of Two thousand four hundred and eighteen
Dollars and Ninety five cents his debt and damages so assessed by
the court as aforesaid together with his costs in this behalf laid
out and expended and that he have thereof execution.
Peter Brown – Plff
vs
William Brown Adm’r of the Estate of William Brown Dec’d Deft
Appeal from County Court
Now at this day comes here into court the Said parties by their
attorneys and both parties being ready for trial the Same was
Submitted to the court and the court hereafter hearing the evidence
doth find that the said William Brown deceased in his life time was
indebted to Said plaintiff in the Sum of Fifty dollars on account of
the Matters charged in his said account and that the same remains
unpaid It is therefore considered by the Court here that said
plaintiff have and recover Of the Said William Brown as
administrator of the Estate of William Brown Deceased the said Sum
of fifty dollars So found by the court As aforesaid together with
his costs in this behalf laid out and expended and that said Sum be
paid out of the Estate of the Said William Brown deceased And that
the same be certified to the county court of St. Clair county
Missouri for classification.
Ordered that court adjourn until tomorrow morning 9 oclock. De Witt
C. Ballou Circuit Judge
Tuesday morning December 16th 1856 court Met pursuant to adjournment
present as on yesterday.
John T. McClain assignee of Corbin & Barnes – Plff
vs
Louis Fournier – Deft
Execution and Sheriffs Deed
Now at this day comes Daniel
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December Term 1856
P. Morgan Sheriff of St. Clair county Missouri and presents to the
court a deed by him executed conveying to Waldo P. Johnson all the
right title interest claim and property of the Said defendant in and
to the following described real estate To wit Lot No. Seven, eight,
nine, ten, eleven & twelve in Block No. Twenty one and Lot No.
Eleven in Block No. Four all in the Town of Osceola in St. Clair
county Missouri And the Said Sheriff being personally Known to the
court here to be the real person whose name is Subscribed to said
deed as having executed the same herein open court before the court
acknowledges the Same to be his Act and deed for the uses and
purposes therein contained.
William L. Vaughan – Plff
vs
Anthony S. Fike, Robert S. Fike, Joseph T. Dun & Andrew J.
Culbertson – Defts
Execution & Sheriffs Deed
Now at this day comes Daniel P. Morgan Sheriff of St. Clair county
Missouri And presents to the court a Deed conveying to Waldo P.
Johnson all the right title interest Claim and Estate and property
of the Said Defendants in and to the following described real Estate
To wit: Lot No. Three in Block No. Twenty five and Lot No. Eleven in
Block No. Twelve all in the Town of Osceola in St. Clair county Mo.
And said sheriff who is personally Known to the court as the real
person who Executed the same and herein open court before the court
acknowledge the Same to be his act and deed for the uses and
purposes herein contained.
Jesse Ridgeway – Plff
vs
Peter B. Cockerell & Francis Sproull – Defts
Execution & Sheriffs Deed
Now at this day comes Daniel P. Morgan Sheriff of St. Clair county
Mo. And presents to the court a deed by him executed conveying to
Jesse Ridgeway all the right title interest
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December Term 1856
interest claim estate and property of the said Defendant Sproull of
in and to the following described tract of Land To wit the West half
of the North west qr of Section No. 28 in Township No. 39 of Range
No. 28 containing 80 acres Situated in St. Clair county Missouri And
the Said Sheriff who is personally Known to the court here as the
real person who executed the same here in open court before the
court acknowledged the same to be his act and Deed for the purposes
therein contained.
Henry E. Moran and Nancy Moran his wife – Plaintiffs
against
Peter Brown, William Brown, Andrew Brown, Benjamin Brown, John
Brown, Elizabeth Offutt, John C. Greenwell, Ruth Greenwell, Columbus
Hahn, Gilly P. Hahn, Milton Williams and Mary Williams, William
Overshiner, Susan Overshiner, Martha Phillips and James Phillips
Minor children of Frances Phillips Dec’d and Catharine Brown –
Defendants
Now at this day comes again the plaintiffs by their attorney and it
appearing by the return of the Sheriff of St. Clair county Mo. that
John Brown, Peter Brown, William Brown, Andrew Brown, John C.
Greenwell and Ruth Greenwell, Catharine Brown and Benjamin Brown,
Elizabeth Offutt had been duly served with process in this case more
than twenty days before the first day of the last term of this court
and it further appearing from the return of the Sheriff of Benton
county Missouri that Columbus Hahn and Gilly P. Hahn, William
Overshiner and Susan Overshiner, Martha Phillips and James Phillips
had been duly Served with process More than Twenty days before the
first day of the last term of this court and it being Suggested to
the court here that Martha Phillips and James Phillips were Minors
under the age of Twenty one years thereupon the court appointed
Foster P. Wright Esq’r Guardian
Page 180:
December Term 1856
Adlitem for said Infant defendants and the Said Foster P. Wright
being in court consents to act and files the Answers of said Minors
aforesaid and Lawrence Lewis being the duly appointed Guardian of
John Brown a minor defendant to this Suit the said Lawrence Lewis
voluntarily appears in court and files the answer of said John Brown
minor as aforesaid and the said Milton Williams and Mary Williams
voluntarily appeared in court and filed their answer to the petition
of plaintiffs and the Said Catharine Brown, Peter Brown, William
Brown, Andrew Brown, John C. Greenwell and Ruth Greenwell, Columbus
Hahn and Gilla P. Hahn his wife, William Overshiner and Susan
Overshiner filed their Joint answer to plaintiffs petition and the
said Benjamin Brown and Elizabeth Offutt being three times Solemnly
called comes not but makes default and the cause being called for
trial the plaintiff Announces ready and the defendants by their atty
withdraws the answers heretofore filed except those filed by John
Brown, Martha Phillips and Jane Phillips and neither party requiring
a Jury the cause is Submitted to the court upon the petition of
Plaintiffs and the Answer of the minor defendants aforesaid which
were not withdrawn and the petition and answers having been read and
the evidence having been seen heard and fully understood The court
finds that previous to the year 1838 plaintiffs had intermarried
with each other in the State of Kentucky that Nancy Moran is and was
the daughter of William Brown Dec’d that about the year 1838 William
Brown induced the plaintiffs to remove to the State of Missouri
under the promise to give his daughter Nancy Moran a tract of land
that after they did remove to St. Clair County Missouri William
Brown Dec’d offered plaintiffs the North west fractional quarter of
Section No. 12 in Township No. 39 of Range No. 25 containing 133
68/100 Acres and promised plaintiffs that if they would go upon said
land and reside upon and improve it that he the Said William Brown
would make them a deed of conveyance to said tract of land The court
further finds that said Henry
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December Term 1856
E. Moran and Nancy Moran did go upon said land in the year 1846 with
the consent and approbation of said William Brown and under the
promise of aforesaid and that they made valuable and lasting
improvements on said land that plaintiffs continued to live upon and
improve the land up to the time of said William Browns death which
took place in the year 1855 and yet reside upon Said land and that
said William Brown departed this life without making a deed of
conveyance to plaintiffs for the land aforesaid that Said William
Brown dec’d at the time of his death left the following heirs and
legal representatives To wit: Catharine Brown widow five Sons to wit
John Brown, Peter Brown, Andrew Brown, Benjamin Brown and William
Brown Six daughters to wit Nancy Moran intermarried with Henry E.
Moran both plaintiffs to this Suit, Elizabeth Offutt, Ruth Greenwell
intermarried with John C. Greenwell, Gilly P. Hahn intermarried with
Columbus Hahn, Mary Williams intermarried with Milton Williams,
Susan Overshiner intermarried with William Overshiner also two Grand
children to wit Martha Phillips and James Phillips children of a
deceased daughter of said William Brown dec’d In consideration of
the premises It is ordered adjudged and decreed by the court here
that plaintiffs by virtue of the facts above found and Set forth are
entitled to the fee simple title to the North West fractional
quarter of section No. 12 in Township No. 39 of Range No. 25
Containing 135 68/100 acres And that defendants be divested of all
right title and interest claim and Estate of in and to the aforesaid
real Estate and that the same be vested in plaintiffs as fully
completely and effectually as if the same had been conveyed to
plaintiffs by the Said William Brown deceased in his life time and
it is further ordered that Plaintiffs pay the costs of this Suit And
the opinion of the court accordingly is filed herein.
Page 182:
December Term 1856
Thomas F. Wright – Plff
vs
Peter Brown & others – Defts
Civil action
Now at this day comes the said Plaintiff and makes and files herein
his affidavit setting forth the fact that Catharine Brown who was
Summoned to appear as a witness at this term of this court on the
part of said Plaintiff has failed to appear whereupon it is ordered
by the court that an attachment be Issued and directed to the
Sheriff of St. Clair county Missouri to bring said witness before
this court forthwith.
Lewis Metcalf Adm’r of the Estate of James Beale Dec’d – Plff
vs
Daniel Dale – Deft
Civil action
Now at this day comes the said defendant by his Attorney and
presents to the court his bill of exceptions in this cause which is
by the Judge of this court Signed sealed and ordered to be filed
which is accordingly done.
Benjamin Brown – Plaintiff
against
Catharine Brown, Peter Brown, William Brown, Andrew Brown, John
Brown, Elizabeth Offutt, Henry E. Moran, Nancy Moran, John C.
Greenwell and Ruth Greenwell, Columbus Hahn, Gilly P. Hahn, Milton
Williams and Mary Williams, William Overshiner and Susan Overshiner,
Martha Phillips and James Phillips – Defendants
Civil action to Obtain Decree for title to real Estate
Now at this day again comes the plaintiff by his attorney and it
appearing from the return of the Sheriff of Benton county Missouri
that Columbus Hahn, Gilly P. Hahn, William Overshiner and Susan
Overshiner, Martha Phillips and James Phillips had been duly served
with process in this cause more than twenty days before the first
day of the last term of this court and it further appearing to the
court here from the return of the Sheriff of St. Clair county
Missouri that Catharine Brown, Peter Brown, William Brown, Andrew
Brown, John Brown, Elizabeth Offutt, Henry
Page 183:
December Term 1856
E. Moran, Nancy Moran, John C. Greenwell and Ruth Greenwell had been
duly Served with process in this Cause more than twenty days before
the first day of the last term of this court and the said defendants
Milton Williams and Mary Williams having voluntarily come into court
and entered their appearance in this case And it being suggested to
the court here that James Phillips and Martha Phillips were Minors
under the age of twenty one years without lawful guardian the court
here appoints Foster P. Wright as Guardian Ad litem for said Minors
and the Said Foster P. Wright being present in court consents to act
as such guardian Adlitem and thereupon files the answer of Said
minors aforesaid and it being further suggested to the court here
that John Brown one of the defendants to this suit was a minor
thereupon Lawrence Lewis the legal Guardian of said John Brown Minor
appeared in court and filed the answer of Said Minor and the Said
Catharine Brown, Peter Brown, William Brown, Andrew Brown, John C.
Greenwell and Ruth Greenwell, Columbus Hahn and Gilla P. Hahn,
Milton Williams and Mary Williams, William Overshiner and Susan
Overshiner having filed their answers to plaintiffs petition and the
said Henry E. Moran and Nancy Moran & Elizabeth Offutt being three
times Solemnly called come not but make default And the cause being
called for trial the plaintiff announced ready and thereupon all the
defendants by their attorney (except the aforesaid Minor defendants)
withdraw their answers to plaintiffs petition and neither party
requiring a Jury the cause is submitted to the court upon the
petition answers and evidence Submitted in the cause and the
petition and answers having been read and the evidence seen heard
and fully understood by the court here the court finds that in the
year 1848 plaintiff was residing in the North West part of this
State and that his father William Brown now deceased was residing in
St. Clair county Missouri and that said William Brown Dec’d at that
time was the owner of the following described lands situated in St.
Clair County Missouri to wit the West half of the South East quarter
of Section No. 13 Township No. 39 of Range No. 25 containing 80
acres and the South East quarter of the North East quarter of
Section No. 13 Township No. 39 of Range No. 25
Page 184:
December Term 1856
containing 40 acres and also the North West and South West
fractional quarter of section No.13 Township No. 39 of Range No. 25
containing 26 37/100 acres the whole containing 146 27/100 acres and
that said William Brown in the year 1848 in order to induce
plaintiff to change his residence and to remove to St. Clair County
offered and proposed to plaintiff that if he would remove to St.
Clair county settle upon and live upon said land that he said
William Brown now Dec’d would make plaintiff a deed of conveyance to
said land aforesaid the court further finds from the evidence that
said plaintiff in consideration of the promises aforesaid made by
the said William Brown Dec’d did remove to St. Clair county Mo. in
the year 1848 and did then settle upon said land and continued to
reside upon said land up to the present time and made valuable and
lasting improvements on said land with the Knowledge consent and
approbation of said William Brown during his lifetime And the court
further finds that said William Brown in the year 1855 departed this
life without having made a deed conveying the aforesaid land to said
plaintiff and without making any provision for a conveyance of said
land to plaintiff The court further finds that said William Brown
Dec’d at the time of his death left the following legal heirs and
representatives to wit Catharine Brown his widow four sons to wit
Benjamin Brown Plaintiff and John Brown, Peter Brown, Andrew brown
and William Brown all of whom are defendants also six daughters to
wit Elizabeth Offutt, Nancy Moran intermarried with Henry E. Moran,
Gilly P. Hahn intermarried with Columbus Hahn, Mary Williams
intermarried with Milton Williams, Ruth Greenwell intermarried with
John C. Greenwell, Susan Overshiner intermarried with William
Overshiner also two grand children to wit Martha Phillips and James
Phillips children of a deceased daughter of said William Brown
deceased In consideration of the premises It is ordered adjudged and
decreed by the court here that plaintiff by virtue of the facts
above found and set forth is entitled to a fee simple title to the
aforesaid land free from the claims of all the defendants to this
Suit and that the defendants be divested of all right title interest
claim estate and property of in and to the aforesaid real estate and
that the Same be vested in plaintiff as fully completely and
entirely
Page 185:
December Term 1856
as if the Same had been conveyed to plaintiff by the Said William
Brown deceased in his life time And it is further ordered that
plaintiff pay the costs of this Suit. And the opinion of the court
accordingly is filed herein.
William C. Harper – Plff
vs
Robert Feaster – Deft
Civil action & Change of venue from Benton
Now at this day comes the parties here into court by their attorneys
and both parties announce ready for trial comes a Jury to wit Samuel
C. Harrison, John C. Greenwell, Jefferson Drake, Harmon Hubbard,
Hugh Graham, Jorcuist Ray, David B. Thompson, John Moore, A.M.
Alexander, Thomas Calvird, Dudley L. Stone & David W. Short Twelve
good and lawful men Elected and duly sworn to well and truly try the
Issue in this cause Joined who after hearing the evidence returned
into court here the following verdict To wit “We the Jury upon our
oath find for the plaintiff and assess his damages at the Sum of
Five Dollars Dec’r 16th 1856 Thomas Calvird Foreman”
It is therefore considered by the court that the said plaintiff have
and recover of the said defendant the said sum of Five Dollars for
his damages so assessed by the Jury as aforesaid together with his
costs in this behalf laid out and expended and that Execution Issue
therefore.
Ordered that court adjourn until tomorrow morning 9 oclock. De Witt
C. Ballou Circuit Judge
Wednesday Morning December 17th 1856 court met pursuant to
adjournment Present as on yesterday.
John T. McClain assignee of Corbin & Barnes – Plff
vs
John F. Weidemeyer – Deft
Civil action
Now at this day comes
Page 186:
December Term 1856
again the parties by their attorneys here into court and both
parties being ready for trial the same by Consent of said parties
was submitted to the court without a Jury and after hearing evidence
the plaintiff by consent of the court took a nonsuit with leave to
move to set the same aside and took said nonsuit It is therefore
considered by the court here that said plaintiff take nothing by his
said Suit and that said defendant have and recover of said plaintiff
his costs in this Suit laid out and expended and that he have
thereof Execution And thereupon the said plaintiff files here in
court his Motion to set aside the nonsuit in cause and grant a new
trial which said motion being seen heard and fully understood by the
court is by the court overruled and thereupon Said plaintiff
presents to the court his bill of exceptions in said cause which was
signed and sealed and made a part of the Record And said plaintiff
prays an appeal to the Supreme court from the Judgment in this cause
rendered by this court And said defendant being in court here by his
attorney waives any affidavit and bond and consents that an appeal
may be taken by said plaintiff without them And the court here
grants said appeal to the Supreme court.
Thomas F. Wright – Plff
against
Catharine Brown, Peter Brown, William Brown, Andrew Brown, John
Brown, Benjamin Brown, Elizabeth P. Offet, Henry E. Moran & Nancy
Moran, John C. Greenwell & Ruth Greenwell, Columbus Hahn & Gillian
Hahn, Milton Williams & Mary Williams, William Overshiner & Susan
Overshiner, Martha Phillips & James Phillips – Defendants
Civil action for title to real Estate
Now at this day comes again here into court said plaintiff by his
attorney and John Brown by his Lawful guardian Lawrence Lewis and
Page 187:
December Term 1856
Martha Phillips and James Phillips by Foster P. Wright their
guardian ad litem as well as the other Defendants by their attorney
and it Suggested to the Court here that since the last continuance
of this cause the said Elizabeth P. Offit has intermarried with
Henry Reese and the Said Henry Reese being present in court here is
Made a codependent with his said wife Elizabeth and said parties
being ready for the trial of said cause and waiveing the trial of
the issues by a Jury the trial by consent of said parties was
Submitted to the court here upon the petition and answers And the
evidence in Said cause and the Court here after hearing the petition
answers and the evidence of said parties and the Same being fully
understood the court here doth find the issues for the plaintiff and
doth find that on the 25th day of December AD 1846 that the
plaintiff was indebted to One William Brown by a bond in the Sum of
One Hundred and forty nine Dollars and fifty five cents dated March
4, 1839 bearing ten per cent interest from date of said bond as
alleged in said Plffs petition and that there were credits on said
bond as alleged in said petition and that said Plaintiffs was also
indebted to the Bank of the State of Missouri in the Sum of Two
Hundred and forty Dollars dated August 15, 1846 as alleged in said
petition and that the said William Brown was plaintiffs security for
said Bank debt and the court here doth further find that said
plaintiff was also indebted to one James Donn and also to John Perry
and Waldo P. Johnson for the sums and as alleged on said plaintiffs
petition and that the Said William Brown was Security for said last
mentioned debts and that the Linn Perry and Johnson debts amounted
to the Sum of about Sixty Dollars and the Court doth further find
that Said Plaintiff to Secure Said William Brown for the $149.55/100
debt and to secure him against any less as the said plaintiffs
security and as alleged on said petition said plaintiff on the day
and year first aforesaid Executed and delivered to the said William
P. Brown a deed of mortgage on the following described lands lying
and being in
Page 188:
December Term 1856
the County of St. Clair in the State of Missouri to wit Lot No. One
of the North west fractional quarter and Lot No. one and two of the
North East fractional quarter and the North East quarter of the
South west quarter all in Section No. five in Township No. Thirty
nine of Range No. twenty four containing Two Hundred and twenty
acres and twenty seven hundredths and the Court here doth further
find that about the 26th day of December AD 1846 Judgments were
obtained against said plaintiffs – on the Linn and Perry debts and
that transcripts were filed in the office of the St. Clair circuit
court and that on or about the 2’d day of September 1847 Execution
were Issued for the amounts and levied upon the lands aforesaid and
Sold and that the Said William L. Brown became the purchaser in
trust for the use of said Plaintiff at the price and Sum of about
Sixty Dollars and that on or about the 23rd day of October AD 1848,
Z. Lilly the Sheriff of the County of St. Clair aforesaid who had
Sold Said land made and delivered to the Said William Brown a deed
for all the lands aforesaid and the court here doth find that by
Some instrument in writing the said William Brown bound himself to
Said plaintiff upon the payment to him by Said plaintiffs of the Sum
bid for Said lands and paid to Said Lilly for the lands aforesaid at
said Sale as well as the amount due on Said $149 bond and whatever
amount the said Brown might pay on the Bank debt that he said Brown
would enter a Satisfaction of Said mortgage and also release all
claims and liens he Said William Brown had on Said real Estate by
said mortgage or Said purchase of Said Lilley Sheriff as aforesaid
and would reconvey – the Same to Said plaintiff and the Court here
doth further find that Said William Brown paid to John Waldo and
others the Sum of about One Hundred and Sixty Seven Dollars on Said
Bank debt to get a ___ of Said Waldo to Said lands and the court
doth find that Said Waldo purchased Said lands at the Sale upon a
Judgment rendered for Said Bank debts after the Sale by Said Lilly
Sheriff of Said county to said Brown
Page 189:
December Term 1856
and that said purchase by said Waldo was in trust and for the use of
the Said William Brown and Said plaintiff the Execution on said Bank
Judgment being against the Said William Brown Overruled & Said
plaintiff and was levied upon Said lands or real Estate as the
property of the Said William Brown deceased and the court doth
further find that the Said William Brown departed this life on or
about the 25th day of April AD 1855 and that before his Death it was
understood and agreed between said plaintiff and the said William
Brown that when the Said plaintiff Should pay off and discharge the
Said $149.00 bond and also pay Said William Brown deceased the
amount for wich Said Waldo purchased said land on said Bank Judgment
and execution and said other claims Secured by Said mortgage that
Said real Estate was to become the property of said plaintiff and
that said William Brown should release all right title claim and
interest which he had to Said real Estate and the court doth further
find that Said John Waldo Executed a quit claim deed to said real
Estate to said William Brown in his life time and that Said Brown
hold said real Estate in trust for said plaintiff and that Said
plaintiff was entitled to a full perfect and absolute title to said
real Estate upon the payment of all said Debts and claims and for
the amounts laid out and Expended by the Said William Brown as
aforesaid and the court doth further find that said plaintiff in the
life time of the said William Brown and fully pay off and discharge
the Same that Said plaintiff and the said William Brown on the 11th
day of January 1854 and in the life time of the Said William Brown
had a full Settlement of all their transactions concerning Said real
Estate and the amount paid laid out and Expended by the said William
Brown and also all claims due the Said William Brown by said
plaintiff and that the said plaintiff had paid and at that time paid
the sum of fifty dollars which was in full of all claims of the Said
William Brown upon the said plaintiff and the court here doth
further find that Said plaintiff always
Page 189b:
December Term 1856
continued in the possession of said real Estate and that Said
William Brown never was in possession of the same and that said
William Brown never had any other than a trust Estate in said real
Estate and that the said Catharine Brown Defendant in this suit and
widow of the said William Brown deceased is not entitled to a dower
in said real Estate and the court here doth find that said mortgage
is fully paid off and discharged and that the Said William Brown at
the time of his death had no right to said premises and that he hath
not reconveyed to the said plaintiff Said premises or real Estate as
he ought to have done and released and discharged Said mortgage upon
the records of the recorder of St. Clair County and upon the facts
found as aforesaid the Court declares the law to be that the said
defendants have no legal right to said real Estate and they should
convey and relinquish Said real Estate to said plaintiff In
Consideration of the premises as the Court doth order adjudge and
decree that the Said defendants and each and all of them be divested
of any and all right title interest and claim and property which
they have in and to said real Estate and that the absolutely title
on fee simple to said real Estate be reacted on said plaintiff and
his heirs and assigns and that said Mortgage be satisfied And that
said premises be released from all claims of Dower of the said
Catharine Brown and that said plaintiff have and hold said premises
free and clear of any and all claim of said defendants and Each of
them and that Said plaintiff pay all the rest of this suit, and the
opinion of the court accordingly is filed herein.
Clarissa Stewart, Joshua W. Ellis, Penelope Ellis – Plffs
vs
Daniel Stewart, James Stewart, Susan Stewart (alias) Susan Corbin,
William Stewart, Stephen Stewart & Andrew S. Corbin – Defts
Petition for Partition And Sheriffs deed
Be it remembered that on this day personally appeared before the
court here Daniel P. Morgan Sheriff of St. Clair county Mo. presents
to the court a deed by him executed as Such Sheriff conveying to
Reuben Vaughn all the right title interest claim and estate of
Page 190:
December Term 1856
the parties to said proceeding of in and to the following described
real Estate Situated in the county of St. Clair and State of
Missouri To wit the E ½ of the SW qr of Section No. 13 containing 80
acres and the NE qr of the NE qr of Section No. 23 containing 40
acres all in Township No. 37 of Range No. 25 Sold by him under and
by a Judgment and order of sale made by this court for partition And
the said Daniel P. Morgan who is personally Known to the court here
to be the person who executed said deed here in open court
acknowledged the same to be his act and deed for the uses and
purposes therein contained as Such Sheriff.
Dec 17, 1856 Charles M. Beynham – Plff
vs
Joseph Beynham, Elizabeth Bland, Tabitha Drinkard and Blanch
Drinkard – Defts
Petition for Partition And Sheriffs deed & Report of sale & Bill of
costs
Be it remembered that on this day personally appeared before the
court here Daniel P. Morgan Sheriff of St. Clair county Missouri And
presents to the court a deed by him executed as such Sheriff
conveying to Charles M. Beynham all the right title interest and
Estate of said parties of in and to the following described real
Estate Situated in the county of St. Clair and State of Missouri To
wit the SE qr & E ½ of the SW qr of Section No. 6 in Township No. 37
of Range No. 24 The NW qr of the NE qr and the NW qr of the SE qr
and the W ½ of the SW qr & the SE qr of the NW qr of Section No. 7
in Township No. 37 of Range No. 24 containing in all 440 acres more
or less sold by him by order of this court for partition And the
Said Daniel P. Morgan who is personally Known to the court here to
be the person who executed said deed herein open court acknowledge
the same to be his act and deed as such Sheriff for the purposes
therein contained. And Said Sheriff Also presented to the court a
report of his proceedings touching the sale of Said real Estate
which is by the court ordered
Page 191:
December Term 1856
to be filed in this court And the statement of costs and expenses
paid and incurred in said cause amounting to the Sum of $63.81 on
file is by the court allowed.
Clarissa Stewart & others
vs
Daniel Stewart & others
Petition for partition & Shffs Report of Sale and costs
Now at this day comes Daniel P. Morgan Sheriff of St. Clair County
Mo. and presents to the court a report of his proceedings touching
the sale of the real Estate by him sold in this case which is by the
court ordered to be filed in this court And a statement of costs and
expenses paid and incurred in said cause filed by said Sheriff
amounting to the Sum of $38.00 is by the court allowed.
William C. Douglass – Plff
vs
William H. Crawford, Genoa Crawford, Waid Crawford, Roan S. Howard,
Mariam Howard, James W. Howard, Sarah D. Howard, Lott D. Howard &
Laura E. Howard – Defts
Petition for partition Sheriffs Deed & Report of Sale & Bill of
costs
Be it remembered that on this day before the court here personally
appeared Daniel P. Morgan Sheriff of St. Clair county Mo. and
presents to the court a deed by him executed conveying to William C.
Douglass all the right title interest claim and Estate of the Said
parties of in and to the following described real Estate situated in
the county of St. Clair and State of Missouri To wit the W ½ of the
NW qr of section No. 19 in Township No. 38 of Range No. 24 and the
SE qr of the NE qr of Section No. 24 in Township No. 38 of Range No.
25 the whole containing 144 44/100 Acres Sold by him by order of
this court for partition And the Said Daniel P. Morgan who is
personally Known to the court here to be the person who executed
said deed here in open court acknowledges the same to be his act and
deed as Such Sheriff for the purposes therein contained And said
sheriff also presents to the court a report of his proceedings
touching the sale of said real Estate which is by the court ordered
to
Page 192:
December Term 1856
be filed in this court And the Statement of Costs and Expenses paid
and incurred in said cause filed by said Sheriff amounting to the
Sum of Seventy four Dollars and Twenty cents is by the court
allowed.
Isaac Culbertson, Albert Culbertson, James Sims and Martha Sims –
Plffs
vs
Elizabeth Culbertson, Isaac Culbertson, Joseph Culbertson, Leah A.
Culbertson, Mary E. Culbertson, Nancy J. Culbertson, Samuel G.
Culbertson and John M. Culbertson – Defts
Petition for partition and Sheriffs deed Report of Sale and Bill of
costs
Be it remembered that on this day before the court here personally
appeared Daniel P. Morgan Sheriff of St. Clair county Mo. and
presents to the court a deed by him executed conveying to James H.
Sims all the right title interest claim and Estate of said parties
of in and to the following described real Estate Situated in St.
Clair county Mo. To wit the East ½ of the NE qr of Section No. 12 in
Township No. 36 of Range No. 25 and the SW qr of the SE qr of
Section No. one in Township No. 36 of Range No. 25 containing 120
acres Sold by him by order of this court for partition And the said
Daniel P. Morgan being personally Known to the court here to be the
person who executed said deed here in open court acknowledges the
same to be his act, and deed as Such Sheriff for the purposes
therein contained And said Sheriff also presents to the court a
report of his proceedings touching the sale of said real estate
which is by the court ordered to be filed in this court And the
Statement of costs and expenses paid and incurred in said cause
filed by said sheriff amounting to the Sum of Forty Nine Dollars and
Twenty nine cents is by the court allowed.
Page 193:
December Term 1856
Samuel V. Shaylor & Margaret Shaylor his wife – Plffs
vs
Thomas Shaylor & Sarah J. Shaylor his wife, Joseph Reed, Isaac B.
Reed, Lucinda Reed, John Reed and Margaret A. Reed – Defts
Petition for Partition Sheriffs Deed Report of Sale and Bill of
Costs
Be it remembered that on this day before the court here personally
appeared Daniel P. Morgan Sheriff of St. Clair county Missouri and
presents to the court a Deed by him executed conveying to Samuel V.
Shaylor all the right title interest claim and Estate of said
parties of in and to the following described real estate To wit The
NE frl qr of the NE qr of Section No. 33 in Township No. 37 of Range
No. 26 containing 36 & 43/100 acres and the NW frl qr (SSR) of
Section No. 34 in Township No. 37 of Range No. 26 Containing 126
92/100 acres Situated in St. Clair county Mo. Sold by him by order
of this court for Partition And the Said Daniel P. Morgan being
personally Known to the court here to be the person who executed
Said deed here in open court acknowledged the same to be his act and
deed as Such Sheriff for the purposes therein contained.
And said Sheriff also presents to the court a report of his
proceedings touching the sale of said real Estate which is by the
court ordered to be filed in this court And the Statement of costs
and expenses paid and incurred in said cause filed by said Sheriff
amounting to the Sum of Thirty two Dollars and Seventy cents is by
the court allowed.
Peter Brown & others
vs
Benjamin Brown & others
Petition for Partition
Now at this day comes the said plaintiffs by their attorney and asks
leave of the court to amend their said petition which is by the
court Granted and said cause continued until the next term of this
court.
Page 194:
December Term 1856
William McDonald, Geely McDonald, Mary E. Gash by her guardian
William McDonald & Mitchell E. Gash – Plffs
vs
William McDonald Jr., Geely C. McDonald, William P. Stow and Martha
E. Stow & Mary Gash – Defts
Petition for partition Sheriffs Report of Sale of real estate and
Bill of costs
Now at this day comes Daniel P. Morgan Sheriff of St. Clair county
Mo. and presents to the court his report of the sale of real Estate
by him sold by order of this court for partition among said parties
which is by the court ordered to be filed in this court. And the
Statement of costs and expenses paid and incurred in Said cause
filed by said Sheriff amounting to the sum of Thirty three Dollars
and Thirty five cents is by the court allowed.
It is ordered by the court that all causes and matters not otherwise
disposed of be continued until the next term of this court.
It is ordered by the court that Grand and petit Jurors be summoned
empanelled and paid in this court as provided by Article 2 of “One
Act entitled an act concerning Grand and petit Jurors approved
December 5th 1855.”
Ordered that court adjourn until court in course. De Witt C. Ballou
Circuit Judge
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