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St. Clair County Circuit Court

St. Clair County Circuit Court
Microfilm Transcripts

MARCH TERM 1845

Page 45:

March Term AD 1845

At a Circuit Court Commenced and held at the Courthouse in the Town of Osceola in St. Clair County on Monday the 31st day of March AD 1845.
Present Foster P. Wright Circuit Judge
Chas. P. Bullock Clerk
John L. Trabern Sheriff

Avery B. Howard – Plff
vs
Alborn D. Abston & F.A. Williams – Defts
Petition to foreclose a mortgage
Now at this day Comes the parties by their attorneys and both parties being ready for trial and neither party requiring a Jury this Cause is submitted to the Court – Whereupon the court after hearing the Evidence defend that the said defendant Abston is indebted to the said plaintiff in the sum of Sixty Dollars & 18 Cents for his debt And Eight Dollars and fifty one cents for his Damages – Therefore it is Considered by the Court that the Said plaintiff recover of the said Defendant Abston the sum of Sixty Dollars and Eighteen Cents for his debt and the sum of Eight Dollars and fifty one Cents for his damages so assessed by the Court as aforesaid together with his Costs and Charges in this behalf laid out and Expended and that he have thereof his writ of Execution – And it is ordered adjudged and decreed by the Court that the South half of lot No. 2 of the North west fractional quarter of Section No. 15 in Township No. 33 in Range No. 24 west Containing forty Acres also the NE qr. of the N.W. quarter of Section No. 19 in Township No. 38 in Range No. 34 west Containing fifty Acres & 22/100 also one riding horse saddle & Bridle And one Yoak of Oxen the property in said mortgage mentioned be levied on and Sold to Satisfy the Debt Damages and Costs aforesaid – And it is further ordered that if the said described property Shall be insufficient to satisfy the Debt Damages and Costs aforesaid then the residue to be levied of Other lands goods and Chattles of the said defendant Abston.

Ordered that Court adjourn untill Tomorrow morning 8 Oclock. F.P. Wright

Tuesday morning 8 Oclock
Court met pursuant to adjournment
Present as on Yesterday



Page 46:
March Term AD 1845

William H. Clark – Compt
vs
John F. Weidemey administrator of the Estate & Robert Marable deceased & Hugh Galbreath – Defts
Bill & Injunction
Now at this day Comes the Complainant by his attorney And upon his motion this Cause is Ordered to be dismissed as to the said Defendant Galbreath.

Ordered that Court Adjourn untill Tomorrow morning 8 Oclock. F.P. Wright

Wednesday Morning 8 Oclock
Court met pursuant to adjournment
Present as on Yesterday

Alexander Moore – Complt
vs
Corbin Alexander – Deft
Petition & Injunction
Now at this day Comes the Defendant by his attorney And by leave of the Court files herein his answer to the said Complainants Bill.

Pleasant M. Cox & Zachariah Lilly – Plaintiffs
vs
Daniel Brant – Defendant
Petition to foreclose Mortgage
Now at this day Comes the Said plaintiffs by their attorney And the Said defendant being Solemnly Called Comes not but Makes default Whereupon the said Action remains against the Said defendant therein undefended Wherefore the Said plaintiffs ought to recover against the said Defendant their Costs and damages on occasion of the premises and it is ordered by the Court that this Cause be Continued untill the next term of this Court to assess the debt and damages in said petition mentioned.



Page 47:
March Term 1845

Wm. H. Clark – Complt
vs
John F. Weidemeyer adm’r of the Estate of Robert Marable Dec’d & Hugh Galbreath – Defts
Bill and injunction
Now at this day the above Cause Comes on to be heard and both parties being ready for trial and the same being submitted to the Court And after hearing the allegations and proofs thereon – and the Court being Satisfied from the Evidence that Thirty Dollars rent for said premises has been issued to Said Weidemeyer as administrator of said Marables Estate and being also satisfied that Said Estate is so in debt that said Complainant Cannot and will not be able to recover the same therefrom, And further that said thirty Dollars is Justly due to said Complainant Therefore it is Ordered adjudged and decreed that said Weidemeyer as administrator of said estate pay to Said Complainant the said sum of thirty Dollars And it is further Adjudged And decreed that the said Complainant pay the Costs of this suit.

John F. Weidemeyer – Plff
vs
William Moore – Deft
Petition to foreclose mortgage
Now at this day comes the Complainant by his Solicitor and it appearing from the return of the Sheriff upon the writ in this cause issued that the said defendant Cannot be found and upon Motion of the said Complainant by His solicitor It is ordered by the Court here that the said Complainant cause Notice to be served on the said defendant by publication in some publick Newspaper published in this State for four weeks Successively before the Commencement of the Next Term of this Court Which Commences on the 6th day of October AD 1845 Notifying the said defendant that a suit by petion To foreclose a Mortgage upon the North East quarter of the south East quarter and the south East quarter of the North East quarter of section No. 23 in Township No. Thirty Eight in Range No.25 West has been Commenced against him by the said Complainant for the sum of thirty Dollars and that unless the said defendant appear on the first day of the next Term of this



Page 48:
March Term 1845

Court and Answer the petition of the said Complainant Judgment will be rendered against him and the property aforesaid decreed to be sold to satisfy the debt aforesaid.

Pleasant M. Cox Adm’r Of the Estate of Richard P. Crutchfield deceased – Plff
vs
Philips Crow
Scire facias to reverse a lien upon a Judgment
Now at this day Comes the parties by their attorneys And it appearing to the Court here that the Judgment in said writ Mentioned is not fully satisfied and paid off. Therefore it is considered that Ordered adjudged and deemed that the Judgment in this Cause be revived.

Alexander Moore – Plff
vs
Corbin Alexander – Deft
Bill & injunction
Now at this day Comes the parties by their attorneys and the plaintiff by his attorney files herein his application to the Defendants answer – And it is ordered that this Cause be set for trial on the first day of the next term of this Court untill which time this cause is Continued.

Ordered that Court Adjourn untill Court in Course. F.P. Wright

 

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