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St. Clair County Circuit Court
Microfilm Transcripts
JULY TERM 1843
Page 23:
July Term 1843
At a Circuit Court Commenced and held at the Courthouse in the Town
of Osceola in the County of St. Clair on Monday the 5th day of July
A.D. 1843
Present Foster P. Wright Circuit Judge
Charles P. Bullock Clerk
John Smarr Sheriff
Ordered that Court adjourn untill Tomorrow morning eight of the
Clock. F.P. Wright
Tuesday Morning Eight of the Clock
Court met pursuant to adjournment
Present as on yesterday
William Denson – Complt
vs
Abraham Stow & others – Deft
Bill in Chancery
Now at this day comes the parties by their attornies and the
defendant Abraham Stow by his attorney files herein his motion to
suppress the depositions of this cause taken Thomas Plemmons and
James G. Plemmons and on motion of said defendant and by Consent of
the said Complainant leave is given him to file his amended answer
to the said Complainants Bill And the said Defendant waives all
objections to the want of notice to take depositions as in his
motion to suppress is set forth And by Consent of the parties this
Cause is Ordered to be Continued untill the next term of this Court.
Ordered that Court adjourn untill Tomorrow morning eight of the
Clock. F.P. Wright
Wednesday Morning 8 of the Clock
Court met pursuant to adjournment
Present as on Yesterday
Joseph Waldo
vs
Daniel Brant
Petition to foreclose mortgage
Page 24:
July Term 1843
Now at this day Comes the Complainant by his attorney and upon his
motion and by Consent of the Defendant this Cause is ordered to be
dismissed at the Defendants Costs.
Joseph Waldo – Compl
vs
Daniel Brant – Deft
Petition to foreclose Mortgage
Now at this day Comes the Complainant and files herein his petition
And the Defendant by his attorney files herein his Demurrer to the
Complainants Bill which demurrer After Mature deliberation by the
Court is by the Court Overruled And upon motion of the Defendant by
his attorney leave is given him to file Special pleas at the next
term of this Court and by Serving James Winston Complainants
Attorney with a copy thereof at least sixty days before said next
term untill which time this cause is ordered to be Continued.
William Denson – Complt
vs
Abraham Stow & others – Defts
Bill in Chancery
Defendant files here in Court his Amended Answer.
John Perry, Mary Perry, Wm. Armantrout, Margaret Armantrout, John
Bedell & Catharine Bedell – Complts
vs
Lewis R. Ashworth adm’r of the Estate of David Huffman deceased –
Deft
Petition to Annul Will
Now at this day Comes the parties by their attornies And the Court
on Motion of the Defendant appoints the said Defendant Guardian ad
litom of the minor heirs of Said deceased and also files herein his
plea and the Said Complainants by leave of the Court files herein
their Amended Bill – And both parties being ready for trial Comes a
Jury To Wit Joshua Caton, Abraham Stow, Henry W. Crow, William H.
McCullock, Samuel
Page 25:
July Term 1843
W. Harris, Randolph High, Calvin Copenhaver, Stanford Moore, William
H. Clark, Nathaniel Parker, Henry Pollard and John F. Weidemeyer
Twelve good and lawful men tried and sworn well and truly to try the
issue in this cause Joined after hearing the evidence returned here
into court the following Verdict “We the Jury find the will to be
David Huffmans” – Therefore it is Considered by the Court here that
the instrument of writing in this Cause offered as the Will of David
Huffman is the will of said David Huffman and that the Defendant
recover of the Said Complainants his costs in this behalf laid out
and Expended and that he have thereof his writ of Execution.
Joseph Waldo – Complt
vs
Daniel Brant – Deft
Petition to foreclose mortgage
Now at this day Comes the defendant by his attorney and files here
in Court his plea of Non est factum to the Complainants Action.
Pleasant M. Cox adm’r of the Estate of Rich’d P. Crutchfield dec’d
vs
Philips Crow, Roderick D. McCullock and John G. Human
Bill in Chancery
Now at this day Comes the parties by their attornies And the
Commissioner appointed by the Court to settle and Adjust the
accounts between the parties reports that he Cannot report a
Settlement and adjustment at this time for want of time – And this
cause is ordered to be continued untill the next term of this Court.
John Perry, Mary Perry, Wm. Armantrout, Margaret Armantrout, John
Bedell & Catharine Bedell
vs
Lewis R. Ashworth executor of the estate of David Huffman deceased
Petition to annul will
Now at this day comes the Complainants and files here in court the
motion to arrest the Judgment in this cause And grant to them a new
trial – Which motion being
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July Term 1843
seen heard and fully understood by the court is Sustained Therefore
it is Ordered that the Judgment in this cause be overruled and 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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