St. Clair County Circuit Court
Microfilm Transcripts

JUNE TERM 1861

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AT the adjourned March term at the circuit court begun and held at the courthouse in the Town of Osceola within and for the county of St. Clair and State of Missouri on Monday the third day of June AD 1861 pursuant to an order made by the Judge of this Court on the 20th day of February 1861 adjourning the regular March Term of Said court for the year 1861 until Monday the 3rd day of June 1861
Present
Foster P. Wright Judge
James W. Beck clerk
Robert P. Cocke Sheriff
Alexis Wamsley Circuit atty

The Sheriff of St. Clair County Returned into Court here the list of Jurors by him Summoned to this term of this Court as follows
From Osceola Township – David A. Bunch, Joshua W. Ellis, Richard Waldorf, Mordecai M. Hansbrough, Caleb J. Garr, Peyton P. Newton, Thomas R. Vaughan, E.C. Odam 8
From Monigan Township – Martin D. Turner, William W. Callison, John R.S. Burke, William L. Browning, William N. Patterson, John C. Looney, Barnett Millison and Daniel Dillman 8
From Speedwell Township – James M. Brackenridge, Daniel C. Young, John C. Brashears, Levi H. Croy, Felix G. Garrett, I.D. Stephens and Ervin Thomas
From Washington Township – Reuben S. Nance, Aquilla C. Pritchard, Frances Yoast, Casper M. Rodes, Andrew Culbertson, Abraham Thompson, and William Dudley
From Polk Township – James I. Cook, Elisha Bridges, Whitson Pennington, Joshua Gates and John R. White
From Jackson Township – Jesse Looney, Henry Reese, William R. Williams, Ephraim Rippetoe, and Richard Garrison
Whereupon the oath required by law was by the Clerk of this Court in open Court administered to Robert P. Cocke Sheriff of St. Clair County and to his deputies Benjamin N. Cocke and Robert F. Gardner

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in presence of the Court. And thereupon the Clerk of this Court under the direction of the Court appointed the Grand jurors among the Several Townships in the County as follows
Osceola Township – 3
Monigan Township – 3
Speedwell Township – 3
Washing Township – 3
Polk Township – 2
Jackson Township – 2
And under the direction of the Court thereon proceeded to draw for the names of persons to Compose the Grand jury the number appointed to each Township Respectively and the following names were Severally drawn To wit.
From Washington Township – Reuben S. Nance who was by the Court Appointed foreman and Andrew Culbertson and Frances Yoast.
From Osceola Township – Joshua W. Ellis, Eli Odam, and Mordecai M. Hansbrough.
From Monigan Township – John R.S. Burks, William W. Callison, and Martin D. Turner.
From Speedwell Township – John C. Brashears, Felix G. Garrett, and Levi H. Croy.
From Polk Township – Whitson Pennington and Elisha Bridges.
From Jackson Township – Jessee Looney and Ephraim Rippetoe.
Sixteen good and lawful men who were duly Sworn and empanelled as a grand inquest for the State of Missouri for the body of the County of St. Clair who after receiving their charge from the Court retired to Consider of their presentments and Indictments.

Daniel B. Kidd and Mary B. Kidd – Plffs
against
Lucy Ledbetter and others – Defendants
Civil action to set aside will
Now at this day comes the said parties by their attorneys and James H.M. Ledbetter one of the defendants in this cause by leave of the court files herein his answer to Said Plaintiffs petition And by agreement of the Said parties by their respective attorneys It is ordered by the court that the other defendants have leave to file their answers to Said petition on or before the Second day of the next Term of this

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court And that the Said cause Stand for trial at the next Term of this court.

State of Missouri – Plff
vs
John M. Wright – Deft
Indictment for Petit Larceny
Now at this day comes the Circuit attorney who prosecutes for the State of Missouri in this behalf as the Said John M. Wright in the custody of the Sheriff who being inquired of by the court Says he is unable to employ Counsel and thereupon the court appoints William A. McClain and Thomas B. Johnson his counsel whereupon the Said defendant for his plea in the behalf says he is not guilty in manner and form as charged against him in said indictment and for his trial puts himself upon the country And the circuit attorney for the State of Missouri doth the like whereupon comes a Jury to wit Richard Garrison, Henry Reese, Daniel Dillman, David A. Bunch, John C. Looney, Joshua Gates, Wm. W. Patterson, Aquilla C. Pritchard, Wm. R. Williams, Milton H. Gregory, John B. Cox & William B. Looney 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 the following verdict To wit “We the Jury find the defendant not Guilty. Wm. R. Williams foreman” It is therefore considered by the Court that the said defendant be acquitted and discharged from custody or imprisonment and that he go hence thereof without day.

It is ordered by the court that Wm. R. Williams be excused from further Service as a Juror at this term of this court.

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The Grand Jury returned into court and by their foreman in presence of the whole body of Grand Jurors presented the following Bills of Indictment To wit
One against Benjamin Gordon for Grand larceny No. 1.
One against Benjamin Gordon for Grand Larceny No. 2.
And having no further business before them were by the court discharged.

It is ordered by the court that capias writs be Issued upon all indictments this day returnable by the Grand Jury returnable forthwith.

The State of Missouri
vs
Benjamin Gordon
Indictment No. 1 for horse Stealing
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said Benjamin Gordon in the custody of the Sheriff being inquired of by the court says he is unable to employ counsel And thereupon the court appoints The Honorable Waldo P. Johnson and William J. Mayo his counsel.

The State of Missouri
vs
Benjamin Gordon
Indictment No. 2 For horse Stealing
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said Benjamin Gordon in the custody of the Sheriff who being inquired of by the court Says he is unable to employ counsel and thereupon the court appoints The Honorable Waldo P. Johnson and William J. Mayo his Counsel.

It is ordered by the court that all Jurors Summoned to this term of this court be discharged and excused from further Service during this term of the court.

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State of Missouri
vs
Samuel Ditty & others
Indictment for Riot & unlawful assembly to destroy property
Now at this day comes the Circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant Samuel Ditty in his own proper person as principal and James Ditty as his Security and acknowledge themselves Jointly and severally indebted and firmly bound unto the State of Missouri in the sum of One hundred dollars to be levied of their respective goods and chattels lands and tenements to be void upon condition that the said defendant Samuel Ditty 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 be begun and held on Monday the 2nd day of September next to answer said Indictment and obey the decision of the court and not depart the Court without leave.
And thereupon It is ordered by the court that David R. Beard be released as Security for the said Samuel Ditty in his recognizance returnable to this term of this court.

The State of Missouri
vs
Benjamin Gordon
Indictment for horse Stealing No. 1
Now at this day comes Alexis Wamsley circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant Benjamin Gordon in the custody of the Sheriff who stands indicted in said indictment No. 1 for feloniously Stealing one gray horse gelding the property of Lewis Bigham and he the said defendant being arraigned and said Indictment read to him and also inquired of whether he is guilty or not guilty thereof Says that he is guilty in manner and form as he stands indicted and throws himself upon the mercy of the court.

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The State of Missouri
vs
Benjamin Gordon
Indictment for horse Stealing No. 2
Now at this day comes Alexis Wamsley Circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant Benjamin Gordon in the custody of the Sheriff who stands indicted in Said Indictment No. 2 for feloniously Stealing one bay mare the property of one John B. Cox and he the Said defendant being arraigned and Said Indictment read to him and also inquired of whether he is guilty or not guilty Says that he is guilty in manner and form as he Stands indicted And throws himself upon the mercy of the court.

George Miller – Plff
vs
James L. Pennington – Deft
Replevin
Now at this day comes the said defendant by his attorney and waives the Service of process upon him in this cause as to time and by leave of the court files herein his answer to said plaintiffs petition.

John Miller – Plff
vs
James L. Pennington and others – Defendt
Civil Action for damages
Now at this day comes the said defendants by their attorney and waives the Service of process upon them in this cause as to time and by leave of the court files herein their Joint answer to said plaintiffs petition.

State of Missouri – Plff
vs
Ralph C. Bowles – Deft
Indictment for Selling liquor on Sunday
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant Ralph C. Bowles in his own proper person and for his plea in this behalf the Said defendant says he will not further contend with the state of Missouri in

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this cause but admits that he is guilty in Manner and form as charged against him, in said Indictment and for his punishment throws himself upon the mercy of the court whereupon the court doth assess said punishment at a fine of One dollar It is therefore considered by the court that the Said State of Missouri have and recover against the said defendant the said sum of one dollar So assessed by the court for her fine as aforesaid together with her costs in this behalf laid out and expended and that capias Execution Issue therefor and that said defendant render himself in Execution therefor.

Ordered that court adjourn until tomorrow morning 7 oclock. F.P. Wright Cir Judge

Tuesday morning June 4th 1861 Court Met pursuant to adjournment present as on yesterday.

The State of Missouri
vs
Benjamin Gordon
Indictment No. 1 for horse Stealing
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 who on yesterday pleaded Guilty to said Indictment No. 1 wherein he stands charged with feloniously stealing one Gray horse Gelding the property of one Lewis Bigham And the Said defendant being Asked whether he has any thing further to Say why Sentence should not be pronounced against him for said offense to which he has pleaded guilty as aforesaid says he has nothing further to say Therefore it is considered by the Court here that he said defendant be taken into the custody of the Sheriff and that he be by him conveyed to the penitentiary of this State there to be confined for the Space of five years and that the State of

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Missouri have and recover of the defendant her costs and charges in this behalf laid out and expended and that execution Issue therefor.

The State of Missouri
vs
Benjamin Gordon
Indictment No. 2 for horse stealing
Now at this day comes again the said circuit attorney who prosecutes for the State of Missouri in this behalf as well as the Said defendant Benjamin Gordon in his own proper person who on yesterday pleaded guilty to said indictment No. 2 wherein he stands charged with feloniously stealing one bay mare the property of John B. Cox and who also on yesterday pleaded guilty to Indictment No. 1 wherein he stands charged with feloniously Stealing one Gray horse gelding the property of one Lewis Bigham and who has heretofore on today been by the court Sentenced to a confinement in the penintentiary for the term of five years And the Said defendant being asked whether he has anything further to say why sentence should not be pronounced against him upon Said Indictment No. 2 Says he has nothing further to say therefore it is Considered by the court that Said defend be taken in the custody of the sheriff and by him conveyed to the penitentiary of this State and that defendant be there confined for said offence in Said Indictment No. 2 for the tern of Five years which imprisonment is to commence at the termination of the term of imprisonment to which he has been adjudged upon said Indictment No. 1 And it is also considered by the court that the State of Missouri have and recover of defendant her costs and charges in this behalf laid out and expended and that execution Issue therefor.

John F. Weidemeyer
vs
James Thompson & others
Civil action
Now at this day comes the said parties by their attorneys and by

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agreement of the parties Plaintiff is granted leave to amend his petition and Defendants have leave to file their Answer to said petition at the next term of this court and Said Cause is to stand for trial at the said next term.

William Duckworth
vs
Thomas Copenhaver
Civil action for damages
Now at this day comes the said defendant by his attorney and by leave of the court files herein his motion to rule the Said Plaintiff to Security for costs.

John Consalus
vs
Henry Hall
Civil action by attachment
Now at this day comes the Said defendant by his attorney and by leave of the Court files herein his motion to quash said attachment.

John A. Brownlee, Thomas J. Homer, James Riorden and John Rex – Plf
vs
R. Bruce Hood & Jonathan C. Hood – Defts
Execution & Sheriffs Deed
Be it remembered that on this day in open court here personally appeared Robert P. Cocke sheriff of St. Clair County Missouri and exhibits to the court a deed by him executed as such Sheriff conveying to John A. Brownlee all the right title interest estate and property of the above named defendants in and to the following described tracts of land situate in the county of St. Clair and State of Missouri To wit The W ½ of lot No. 5 of NE qr of Section No. 5 in Township No. 39 of Range No. 27 containing 40 41/100 acres Lots No. 4 & 5 of NW qr of Section No. 5 in Township No. 39 of Range No. 27 containing 160 64/100 acres and the NW qr of Section No. 9 in Township No. 39 of Range No. 27 containing 160 acres Sold by him by virtue of said execution and here in open court acknowledges the Same to be his act and deed as such sheriff for the uses and purposes therein contained.

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William Hartley – Plff
vs
David M. Bigham – Deft
Civil action & Replevin
Now at this day comes the said parties by their attorneys and by and by agreement of said parties this Suit is ordered to be dismissed and the Costs taxed equally against each Party said plaintiff and defendant each agreeing to pay one half of said costs and Said Plaintiff to retain said roan Stallion horse two years old as set forth in plaintiffs declaration which said horse has been delivered up to said plaintiff It is therefore considered by the court that each of said parties have and recover one against the other the one half of their costs in this behalf laid out and expended and that execution Issue therefore and that Said Plaintiff hold said roan stallion horse free from the claim of Said defendant.

Hannah Baxter – Plff
vs
Catharine Rook – Deft
Appeal
Now at this day comes the said defendant by her attorney and by leave of the court files herein her motion to dismiss this cause.

Josiah C. Culbertson and others – Plff
vs
James D. Gardner and others – Defts
Petition for partition
Now at this day comes the Said Plaintiffs by their attorney and on motion of said plaintiffs It is ordered by the court that they have leave to amend their petition and make new parties defendants and that this cause be continued until the next term of this court.

Sophia Ann E. Edwards – Plff
vs
John Edwards – Deft
Petition for Divorce
Now at this day comes again the said plaintiff by her attorney and the said defendant being three times solemnly called comes not but again makes default and there being no cause to the contrary here shown It is considered by the court that the Decree made

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and rendered by this court in this cause at the last term of the court be now made final and absolute and that the said plaintiff have and recover against the said defendant her costs and charges in this behalf laid out and expended and that execution Issue therefor.

William Duckworth – Plff
vs
Thomas Copenhaver – Deft
Civil action for damages
Now at this day comes again the said defendant by his attorney and by leave of the court files herein his answer to said plaintiffs petition.

State of Missouri – Plff
vs
Benjamin F. Copenhaver – Deft
Execution & Sheriffs Deed
Be it remembered that on this day in open court here personally appeared Robert P. Cocke Sheriff of St. Clair County Mo. and exhibits to the court a deed by him executed conveying to Daniel P. Todd all the right title interest estate and property of the above named defendant of in and to the following described tract of land Situated in the county of St. Clair and State of Missouri To wit the SE qr of the SE qr of Section No. 22 in Township No. 37 of Range No. 26 containing 40 acres Sold by him by virtue of said execution and acknowledges the same to be his act and deed as such Sheriff for the uses and purposes therein contained.

Wesley Greenfield, Aaron B. Sluder & Newton L. Greenfield – Plffs
vs
Shearman Webster – Deft
Execution and Sheriffs deed
Be it remembered that on this day in open court here personally appeared Robert P. Cocke Sheriff of St. Clair County Missouri and exhibits to the court a deed by him executed as such Sheriff conveying to Wesley Greenfield all

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all the right title interest estate claim and property of the above named defendant of in and to the following described tracts of land Situated in the county of St. Clair and State of Missouri to wit Lot No. 1 and South half of lot No. 2 of SW qr of Section No. 18 in Township No. 39 of Range No. 26 containing 121 10/100 Acres The W ½ and SE qr of the SE qr of section No. 18 in Township No. 39 of Range No. 26 containing 120 acres and the E ¼ and SW qr of the SE qr of Section No. 36 in Township No. 39 of Range No. 26 containing 120 acres Sold by him by virtue of said execution and acknowledged the same to be his act and deed as such Sheriff for the uses and purposes therein contained.

Mary E. Ford – Plff
vs
William M. Gant – Deft
Civil action
Now at this day comes the said parties by their attorneys and by agreement of the parties Said Plaintiff is granted leave to amend her petition and said defendant is granted leave to file his answer to said plffs petition and at the next term of this court and next term to be the trial term.

Daniel P. Todd – Plff
vs
Ralph C. Bowles – Deft
Civil action
Now at this day comes the said parties by their attorneys and by agreement of the parties the said Plaintiff is granted leave to amend his petition in and said defendant is granted leave to file his answer to said plaintiffs petition at the next term of this court and next term to be the trial term.

Uriah Proctor, B. Tucker and J. Richardson – Plffs
vs
William L. King, Benjamin Cook & Hugh Hall – Defts
Appeal
Now at this day comes the said defendants by their attorney and by leave of the court files herein their motion to dismiss Said cause.

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William L. Vaughan & Waldo P. Johnson – Plffs
vs
William Addison – Deft
Civil action on note
Now at this day comes the said defendant by his attorney William A. McClain and enters his appearance to this cause and consents that this cause may be disposed of and Judgment rendered at this term of this court.

The State of Missouri
vs
William C. Rentfro
Indictment for failing to Keep road in repair
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 this cause It is therefore ordered by the court that said cause be dismissed.

John T. McClain, James Ditty & his wife Elizabeth Ditty – Plffs
against
Robert H. Sproull, John R.S. Burk & Lucinda F. Burk, James D. Burk & Joseph R. Burk by Robert H. Sproull their Guardian and William Smarr by James Burk his Guardian – Defts
Petition for Partition & Sale of Slaves
Now at this day comes the said plaintiffs by their attorney and also the said defendants Robert H. Sproull and John R.S. Burk in their own proper person and also the said Lucinda F. Burk, James D. Burk and Joseph R. Burk by Robert H. Sproull their Guardian and also the said William Smarr by James Burk his guardian And this Cause coming on to be heard and the same being submitted to the court the court doth find from the evidence pleadings and admissions of the parties here in court that the said parties are the Joint owners of the said Slaves to wit one Negro woman named Harriet and her boy child named Dick about three years old that the Said John T. McClain, Elizabeth Ditty wife of said James Ditty, Robert H. Sproull and John R.S. Burk are each entitled

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to one Sixth part thereof That said Lucinda F. Burk, James D. Burk and Joseph R. Burk are Jointly entitled to one sixth part and that said William Smarr is also entitled to one sixth part thereof and the court being also satisfied that owing to the number of the owners partition thereof cannot be made in kind without great prejudice to said owners It is therefore considered and adjudged by the court that the said slaves be sold by the Sheriff of St. Clair county for cash in hand and that said Sheriff after paying the costs and expenses herein divide and pay over the residue to said owners according to their respective shares as herein ascertained It is also considered that William A. McClain attorney in this cause be allowed Twenty dollars as an attorneys fee to be taxed as other costs in the cause.

Ordered that court adjourn until tomorrow morning 7 oclock. F.P. Wright Cir Judge

Wednesday morning June 5th 1861 court met pursuant to adjournment Present as on yesterday Except Alexis Wamsley Circuit attorney.

Alexis Wamsley circuit attorney being absent It is ordered by the court that William A. McClain Esqr be and he is by the court appointed circuit attorney Protem.

L.H. Tyree assignee of S.W. Horn – Plff
vs
John M. Elkins, Mitchell E. Gash & Stinson S. Stearns – Defts
Civil action on Note Int. 10 pr ct
Now at this day comes the said plaintiff by his attorney And it appearing from the return of the Sheriff of St. Clair county Missouri that each and all of said defendants has been duly Served with

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process in this cause more than fifteen days before the first day of the regular March Term of this court which was adjourned to the 3rd day of June 1861 And the Said defendant being three times severally Solemnly called comes not but make default and there being no answer filed by them to said plaintiffs petition and the time for filing pleadings having expired Wherefore Judgment ought to be rendered for want of answer And said plaintiff demanding a trial and this action being founded on a promissory note for the direct payment of money The court here doth find that the said defendants are Justly indebted to the Said Plaintiff in the sum of Two hundred and Twenty four dollars and Seventy three cents on said note and interest due thereon It is therefore considered by the court that Said plaintiff have and recover against the Said defendants the said sum of $274.73/100 for his debt and interest thereon so found due by the court as aforesaid together with his costs in this behalf laid out and expended and that execution Issue therefor.

Jacob Saylor – Plff
vs
Thomas N. Hooper – Deft
Civil action on note Interest 10 per cent
Now at this day comes the Said plaintiff by his attorney And it appearing from the return of the Sheriff of St. Clair County Missouri that the Said defendant has been duly Served with process in this cause by copy more than fifteen days before the first day of the regular March term of this court which was adjourned to the 3rd day of June 1861 and the said defendant being three times solemnly called comes not but makes default and there being no answer filed by said defendant to Said plaintiffs petition and the time for filing pleadings having expired Whereby Judgment ought to be rendered for want of answer And said plaintiff demanding a trial and this action being founded on a promissory note for the direct payment of Money the court here doth find that the said defendant is Justly indebted to the said plaintiff in the sum of Two hundred and fifty nine dollars and two cents on said note

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and interest due thereon. It is therefore considered by the court that Said plaintiff have and recover against the said defendant the said Sum of $259.02 cents for his debt and interest thereon so found due in this behalf laid out and expended And that Execution Issue therefor.

David M. Bigham – Plff
vs
Thomas N. Hooper, John W. Jones & Henry Pollard – Defts
Civil action on note Interest 10 per cent
Now at this day comes the Said plaintiff by his attorney and it appearing from the return of the Sheriff of St. Clair county Missouri that each and all of said defendants have been duly served with process in this cause more than fifteen days before the first day of the regular March term of this court which was adjourned to the 3rd day of June 1861 And the Said defendants being Severally three times solemnly called come not but Make default And there being no answer filed by them to said plaintiffs petition And the time for filing pleadings having expired wherefore Judgment ought to be rendered for want of an answer and said plaintiff demanding a trial and this action being founded on a promissory note for the direct payment of money The court here doth find that the Said defendants are Justly indebted to the said plaintiff in the Sum of Six hundred and Sixty seven dollars and ten cents on said note and interest due thereon It is therefore considered by the Court that Said plaintiff have and recover against the said defendants the said sum of $667.10 cents for his debt and interest thereon so found due by the court as aforesaid together with his costs in this behalf laid out and expended And that execution Issue therefor.

Eleanor E. Childs – Plaintiff
against
William Childs – Defendant
civil action for Divorce
Now at this day comes again the

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Plaintiff by her attorney and the defendant being three times Solemnly called comes not but makes default and it appearing to the court from the affidavit of E.D. Murphy publisher of the Osceola Democrat a weekly newspaper published in the Town of Osceola county of St. Clair and State of Missouri that the order of publication made in vacation by the clerk of this court has been duly published in said Newspaper for four weeks consecutively the last insertion being more than four weeks before the first day of the last September term of this court and the plaintiff being ready for trial the cause is Submitted to the court upon the petition of Plaintiff and evidence offered in the cause and the court having heard the evidence finds that the said defendant more than two years before the commencement of this suit absented himself without any reasonable cause from plaintiff and Still continues so to do that plaintiff is the innocent and injured party In consideration of the premises It is therefore ordered adjudged and decreed by the court here that the bonds of matrimony heretofore Solemnized between the plaintiff and defendant be set aside made void and held for naught that plaintiff be divorced from defendant and restored to all the rights and privileges of a single woman and that defendant be permitted to marry again And it is further ordered by the court that plaintiff have the care custody and control of the children to wit William Ward Childs and Fielding Childs until the further order of this court.

Joseph S. Herndon Guardian of Winfield S. Walton – Plaintiff
against
Alaska Winchester and Martha Ann Winchester his wife – Defendants
Petition for assignment of Dower
Now at this day comes the Said parties by their respective attorneys and Robert H. Sproull, Joshua Rickman and Simeon C. Bruce the commissioners appointed by this court to lay off and admeasure and assign dower to the said Martha Ann Winchester as widow of John Walton

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deceased in the real estate of Said deceased presents to the court their report which is by the court approved and ordered to be filed and recorded herein which said report is as follows To wit
“State of Missouri County of St. Clair SS
The undersigned commissioners appointed by the circuit court of St. Clair county Mo. at the September term 1860 to divide and partition the lands described in the foregoing and annexed Judgment of Said court between the parties to Said proceedings and having examined Said lands report that on account of the Situation of said lands the same cannot be partitioned without great prejudice to the owners thereof and therefore report accordingly.
R.H. Sproull
Joshua Rickman
S.C. Bruce
And the court being Satisfied that owing to the Situation of said land the Same cannot be partitioned and divided in Kind or the said widows dower Set off and assigned without great prejudice to the owners It is therefore ordered and adjudged by the court that the whole of the real estate belonging to Said parties To wit The E ½ of lot No. 2 of the NE qr and the W ½ of lot no. one of the NW qr and the W ½ of the SW qr and the NE qr of the SW qr and the E ½ of lot No. one of the NW qr all in Section No. Three in Township No. 38 of Range No. 27 containing in all 249 18/100 acres more or less be sold by the Sheriff of St. Clair county Missouri for one fourth cash in hand and the remainder upon a credit of twelve months And that after paying the costs and expenses herein that he hold the residue of the proceeds of the sale of said real estate subject to the further order of this court and that said Sheriff report his proceedings to this court It is further ordered that William A. McClain attorney for Plaintiff be allowed the Sum of twenty dollars for his Services in this cause to be taxed and paid as other costs in the cause.

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Albert G. Culbertson, Isaac C. Culbertson, James H. Sims and Martha A. Sims, William F. Thompson, Leah A. Thompson also Nancy J. Culbertson, Samuel C. Culbertson By their guardian Isaac C. Culbertson and also Mary E. Culbertson and John M. Culbertson by their Guardian James H. Sims and Sarah E. Culbertson by William F. Thompson her guardian – Plaintiffs
against
Joseph Culbertson and John Sims his guardian – Defts
Civil action for sale of Slaves and division of proceeds
Now at this day comes the plaintiffs by their attorneys And the defendants being three times solemnly called come not but make default and it appearing to the court from the return of the Sheriff of St. Clair county Missouri that the defendants had been duly Served with process in this cause more than fifteen days before the first day of the last term of this court and the plaintiffs ready for trial the Cause is Submitted to the court upon the petition of Plaintiff and evidence offered in the cause and the court after hearing the evidence finds that Isaac Culbertson late of St. Clair county Mo. departed this life intestate in the month of January 1857 the owner of a large amount of real and personal Estate including Several Slaves that he left as his heirs and distributees the following children Albert G., Isaac C., Martha A. intermarried with James H. Sims, Leah A. intermarried with William Thompson, Nancy J., Samuel G., Mary E., John M. and Sarah E. and Joseph Culbertson all of whom are parties to this Suit the court further finds that all of the real and personal estate belonging to said Isaac Culbertson deceased has been partitioned and distributed among and between the various parties to this Suit

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except the Slaves herein after named That the children of Said Isaac Culbertson deceased have received in lands by way of partition Money from the administrator and property given them by way of admeasurement in the life time of Said Isaac Culbertson deceased the following amounts to wit
Albert G. Culbertson the Sum of $1123.00
Martha A. Sims the sum of $1154.85
Nancy J. Culbertson the sum of $969.00
Joseph Culbertson the sum of $1131.00
Isaac C. Culbertson the sum of $1138.00
Leah A. Thompson the sum of $1151.00
Mary E. Culbertson the sum of $1131.00
Samuel G. Culbertson the sum of $1121.00
John M. Culbertson the sum of $1121.00
Sarah E. Culbertson the Sum of $1200.00
That there are yet three Slaves belonging to Said estate and which the court finds cannot be divided in Kind To wit Tom a negro man Slave 35 years of age, Bill a negro boy 15 years of age, Surinda a negro girl 7 years of age and the court further finds that in order to make the aforesaid heirs equal in money and property received a sale of said Slaves will become necessary It is therefore ordered adjudged and decreed by the court here that the Sheriff of St. Clair county proceed to Sell Said Slaves according to law requiring twenty per cent cash in hand and the remainder upon a credit of twelve months and after collecting the money and paying all expenses of this proceeding to pay
Albert G. Culbertson the sum of $88.00
Martha A. Sims the sum of $56.15
Nancy J. Culbertson the Sum of $242.00
Joseph Culbertson the Sum of $80.00
Isaac C. Culbertson the Sum of $23.00
Leah A. Thompson the Sum of $60.00
Mary E. Culbertson the Sum of $80.00
Sarah E. Culbertson the Sum of $11.00
The whole amounting to the Sum of Six hundred and forty dollars and fifteen cents and to divide the remainder into ten equal Shares and pay over one Share to each of the following named persons to wit: Albert G. Culbertson, Isaac C. Culbertson, Martha A. Sims, Leah A. Thompson, Nancy

Page 250:
June Term 1861

J. Culbertson, Samuel G. Culbertson, Mary E. Culbertson, John M. Culbertson, Sarah E. Culbertson and Joseph Culbertson And that the said Sheriff report his proceedings to this court It is further ordered that Johnson & Ballou attorneys for Plaintiffs be allowed the sum of Fifty dollars for their Services in this cause to be taxed and paid as other costs.

William Brown and Peter Brown Administrators of the estate of William Brown deceased – Plffs
vs
Columbus Hahn – Deft
Civil action on note Int 10 pr ct
Now at this day comes the said Plaintiffs by their attorney And it appearing from the return of the Sheriff of St. Clair county Missouri that the said defendant has been duly served with process in this cause by copy more than fifteen days before the first day of the regular March term of this court which was adjourned to this 3rd day of June 1861 And the said defendant being three times Solemnly called comes not but makes default and there being no answer filed by said defendant to said plaintiffs petition and the time for filing pleadings having expired wherefore Judgment ought to be rendered for want of answer And said plaintiffs demanding a trial and this action being founded on a promissory note for the direct payment of money The court here doth find that the said defendant is Justly indebted to the said plaintiffs in the sum of Two hundred and eighty three dollars and thirty two cents on said note and interest thereon It is therefore considered by the court that Said plaintiffs have and recover against the Said defendant the said Sum of $283. 32/100 for their debt and in interest thereon so found due by the court as aforesaid together with their costs in this behalf laid out and expended in this behalf and that execution Issue therefor.

Page 251:
June Term 1861

Waldo P. Johnson – Plff
vs
John Sims, John M. Elkins & Samuel V. Keller – Defts
Civil action on note
Now at this day comes the said plaintiff by his attorney and it appearing from the return of the Sheriff of St. Clair county Missouri that each and all of said defendants have been duly Served with process in this cause by copy more than fifteen days before the first day of the regular March term of this court which was adjourned to the third day of June 1861 And the said defendants being Severally three times Solemnly called come not but make default and there being no answer filed by them to Said plaintiffs petition and the time for filing pleadings having expired Whereby Judgment ought to be rendered for want of answer. And said plaintiff demanding a trial and this action being founded on a promissory note for the direct payment of money the court here doth find that the said defendants are Justly indebted to the Said plaintiff in the Sum of Three hundred and seven dollars and Seventy four cents on said note and interest thereon. It is therefore considered by the court that Said plaintiff have and recover against the Said defendant the said sum of $307. 74/100 for his debt and interest thereon so found due by the court as aforesaid together with his costs in this behalf laid out and expended And that execution Issue therefor.

William L. Vaughan & Waldo P. Johnson – Plffs
vs
William Addison – Deft
civil action on note Int 10 pr cent
Now at this day comes again the said Plaintiffs by their attorney the Said defendant having on yesterday by his attorney Entered his appearance to this suit and consented that this cause may be disposed of and Judgment rendered at this term of this court And the said defendant being three times Solemnly called comes not but makes default and there being no answer filed by said defendant to said plaintiffs petition

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June Term 1861

and the time for filing pleadings having expired wherefore Judgment ought to be rendered for want of answer and said plaintiffs demanding a trial and this action being founded on a promissory note for the direct payment of money The court here doth find that said defendant is Justly indebted to the said plaintiffs in the Sum of Two hundred and seventy seven dollars and Sixty nine cents on said note and interest thereon It is therefore considered by the court that Said plaintiffs have and recover against the said defendant the said sum of $277 69/100 for their debt and interest thereon so found due by the court as aforesaid together with their costs in this behalf laid out and expended And that execution Issue therefor.

Fountain G. Delozier – Plff
vs
David Stewart & others – Defts
Petition for partition
Now at this day comes the Said plaintiff by his attorney and on his motion It is ordered by the court that alias writs of Summon be Issued in this cause for all defendants not Summoned heretofore directed to the proper Sheriff returnable to the next term of this court.

Fountain G. Delozier – Plff
vs
Fanny otherwise called Frances Delozier & others – Defts
Civil action to quiet and establish title to real estate
Now at this day comes the Said plaintiff by his attorney and on his motion It is ordered by the court that Alias writs of summon be Issued in this cause for all defendants not heretofore summoned directed to the proper Sheriffs returnable to the next term of this court.

William Brown, Peter Brown, Andrew Brown, Columbus Hahn & Gilly P. Hahn his wife – Plffs
against
Benjamin Brown, John Brown, Susan Greenwell, William Greenwell
Petition for partition of real estate and slaves

Page 253:
June Term 1861

Gilly Greenwell, Peter Greenwell, Napoleon Greenwell, Mary Greenwell, Isabell Greenwell, Ruthaett Greenwell, Young J. Greenwell, Andrew Greenwell, Milton Williams & Mary Williams, James William Overshiner, Ellen Catharine Overshiner & Mary Overshiner, Martha Phillips & James Phillips, John Offutt, Susan Offutt, Nancy Offutt, Catharine Wright, Andrew Offutt, Benjamin Harris & Margaret Harris his wife, Edward Offutt, William Offutt & Zepheniah Offutt, William Goforth & Susan Goforth his wife, Charles F. Moran, William Moran, John Moran, Martha Moran, Fisher Moran & Elizabeth Moran & Catharine Brown – Defts
Now at this day comes again the said plaintiffs by their attorney and the commissioners appointed at the last term of this court having made and acknowledged their report appraising the lands and Slaves belonging to the said William Brown deceased including the admeasurements made to some of the parties to this Suit during his lifetime admeasuring and assigning dower to the widow for and during her natural life in the slaves and real estate and partitioning the whole of the lands and slaves (Subject to the Dower of said Widow) among and between the parties to this suit which said report being presented to the court is as follows To wit:
“State of Missouri
County of St. Clair
We Joseph W. Cox, James D. Gray and G.R. Elliott Commissioners appointed by the Honorable Circuit Court of St. Clair county Do state that they will truly honestly and impartially & without favour or undue influence appraise the real estate & personal estate of William Brown Decd Estate according to the Decree appointing us commissioners to appraise said estate as witness our hands this 2nd day of October 1860.
J.W. Cox
J.D. Gray
G.W. Elliott
Sworn & Subscribed to before me the day & date above written.
Thomas F. Wright JP

Page 254:
June Term 1861

William Brown & others
vs
Benjamin Brown & others
The undersigned Joseph W. Cox, James D. Gray and George R. Elliott commissioners appointed by the circuit court of St. Clair county at the September Term 1860 of Said court to admeasure and assign dower and to partition the remaining lands and slaves belonging to the heirs of William Brown decd according to their respective rights as set forth in the Decree of said court taking into consideration certain lands advanced to some of the heirs of said William Brown decd by him during his lifetime having been previously sworn to impartially discharge our duties the affidavit signed by us being attached hereto and having entered upon our duties on this 2nd day of October 1860 Beg leave to Submit the following report of their proceedings as the result of their labor being the nearest approximation to equality that they have been able to arrive at commencing with their appraised value of the whole estate real and personal including the advancements to Some of the heirs during the lifetime of Said Wm. Brown decd after having received and examined the same To wit:

Appraised Value of real Estate and
Slaves of William Brown decd Oct 2nd 1860 Value Total Value
Matilda subject to dower valued at $50.00
William subject to dower valued at 700.00
Assigned to widow as dower in the Slaves:
Millie valued at 300.00
Harriett valued at 500.00
Henrietta 1100.00 2650.00

Undivided part of real Estate No. acres Valued
Lots 3 & 4 NW qr Sec 4 T39 R24 140 720.00
W ½ lot 4 NE qr S4 T39 R24 40 200.00
W ½ SW qr N Osage River S4 T39 R24 containing 44 172.00
Above described lands assigned as widows dower
and valued Subject to dower 244
Total value: 1092.00
Lot 3 NE qr Sec 4 T39 R24 80 320.00
E ¼ lot 1 NE qr S4 T39 R24 40 200.00
SW frl q4r N Osage River Sec 3 T39 R24 49 18/100 344.26

Page 255:
June Term 1861

Undivided part of real Estate No. acres Value Total Value
SE of SE qr S4 T39 R24 40 280.00 742.00
SE of SW qr S4 T39 R24 30 60/100 183.66
W ½ SW qr S30 T39 R24 107 4/100 617.66
W ½ NE frac qr S25 T39 R25 61 38/100 397.41 2337.99
W ½ SW qr S11 T39 R26 Containing 78 48/100 353.16
E ½ SE qr frl S10 T39 R25 Adjunct to
J.C. Greenwell
NW of NW qr S14 T39 R25 40 240.00 593.16
Total value of Slaves & undivided land 6673.15
Lands advanced to Benjamin Brown:
W ½ SE qr Sec 13 T39 R25 80
SE of NE qr S13 T39 R25 40
NW and SW frac qr S13 T39 R25 26 37/100
Lands advanced to H.E. Moran:
NW qr S12 T39 R25 135 55/100
SW frac qr S1 T39 R25 101 81/100
235 49/100 1417.94
(written in left hand corner by last entry: This frac of 108 31/100 Acres are found to be North of Osage River in Decree__ South)
Lands undivided half of which
advanced to Z. Offutt:
W ½ NE qr & E ½ of NW qr S15 T39
R24 containing 145 89/100
SE frac qr of SW qr Sec 30 T39
R24 containing 51 94/100
2/ 197 38/100
Undivided half 98 89/100 543.89
Lands advanced to Columbus Hahn
SW qr Sec 22 T39 R25 160
NW qr of NE qr S27 T39 R25 40
200 800.00
Total value of lands advanced 3635.05

We find a share to be $801.70

H.E. Moran: We further find that H.E. Moran has received $1412.94 that being more than a share.
B. Brown: And that Benjamin Brown has received $878.22 which is also more than a share.
C. Hahn: And that Columbus Hahn has received to this amount $800.00 which is $1.70 less than a share.

Page 256:
June Term 1861

Z. Offutt: Also that Zepheniah Offutt has received to the amount of $543.89 that being $257. less than a share.
We give in addition to that to his heirs the following described parcel of land to wit
Acres Value
S ¼ of W ½ of SW qr S30 T39 R24 containing 51 6/100 306 33/100
The amount of which added to the amount received in advance makes $850.22 which is $48.52 more than a share.

We give to John Brown real estate to wit
Lot 3 NW qr S4 T39 R24 80 360.00
W ¼ SW qr W. Osage river S4 T39 R24 44 172.00
Negro girl Milla 300.00
Total value: 832.00
over a share 30.00
William Brown:
E ½ lot 1 NE qr S4 T39 R24 40 200.00
SW frac qr No. seven S3 T39 R24 49 18/100 344.26
SE of SE qr S4 T39 R24 40 280.00
824.26
over a Share 22.36
Phillips heirs:
Lot 4 NW qr S4 T39 R24 80 360.00
W ½ lot 4 NE qr S4 T39 R24 40 200.00
SE qr of SW qr S4 T39 R24 30 61/100 183.66
743.66
Less than Share 58.04
Overshiner heirs:
Lot 3 NE qr S4 T39 R24 80 320.00
Negro girl Harriet 500.00
820.00
over a share 18.30
Andrew Brown:
Negro girl Henrietta 1100.00
over share 298.30
Peter Brown:
Negro boy William 700.00
Negro woman Matilda 50.00
750.00
under share 51.70

Page 257:
June Term 1861

Mary Williams 61 14/100 $397.41
N ½ of W ½ SW qr S30 T39 R28 51 5/100 306.33
703.74
Less than Share 97.96
Ruth Greenwells heirs:
W ½ SW qr S11 T39 R25 7848 353.16
NW qr of NW qr S14 T39 R25 45 740.00
593.16
Less than Share 208.54

And upon examination we found that the E ½ of SE ¼ of Section 10 Town 39 Range 25 containing 80 acres belonged to H. Greenwell we did not assign it to anyone we also report that there is the further Sum of Three hundred and three dollars and thirty five cents in the hands of Wm. Brown & Peter Brown administrators of the estate of William Brown decd which we have not taken into consideration in the foregoing estimates and partition of lands and Slaves and assignment of dower a portion of which will be required to pay expenses of this suit and the remainder if any we leave in the hands of the court to be paid over according to its order to those who may be entitled to it.
Geo. R. Elliott
J.W. Cox
James D. Gray
Commissioners fees
James D. Gray 5 days $7.50
George R. Elliott 6 days 9.00
Joseph W. Cox 5 days 7.50
State of Missouri
County of St. Clair SS
Be it remembered that on this day before me James W. Beck clerk of the circuit court within and for the county and State aforesaid personally appeared George R. Elliott, Joseph W. Cox and James D. Gray all personally Known to me to be the real persons whose Names are Subscribed to the foregoing report as having executed the Same and severally acknowledged the Same to be their act and deed for the purposes therein contained. In testimony whereof, I hereunto Subscribe my name and affix the Seal

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June Term 1861

of said court at office in Osceola this 5th day of June 1861.
James W. Beck clerk
Which said report is by the court approved and ordered to be filed so far as to vest title in the various persons to Whom lands and Slaves are assigned in and by Said report of the commissioners but reserving for the further Judgment order and decree of this court the adjusting of differences between the heirs of Said William Brown deceased So far as relates to the amounts they have received and the time mode and manner of adjusting and paying to those who have not received their full Share and for this purpose and all others that may arise in the final adjustment of this cause It is ordered by the court that the Same be continued until the next term of this court.

It is ordered by the court that all Causes and motions not otherwise disposed of be continued until the next term of this court.

Ordered that court adjourn until court in course.

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