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St. Clair County Circuit Court
Microfilm Transcripts
MAY TERM 1856
Page 110(b):
May Term 1856
At a 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 5th day May AD 1856 Present De Witt C. Ballou, Circuit
Judge
James Beck Clerk
Daniel P. Morgan Sheriff
The Sheriff of St. Clair county returned into court here the venire
facias for a grand Jury for this term of this court together with
the panel of Grand Jurors thereon endorsed from which the following
named persons were Sworn To wit: Henry C. Douglass who was by the
court appointed foreman. William L. King. Peter Stephens. Thomas
Calvin, Hezekiah Thompson. Lewis Metcalf. James C. Culbertson,
Simeon C. Bruce. Reuben Spence, Jacob Coonce, James M. Agee, Robert
F. Gardner, Wilson Garrett. James H. Simms. James H. Justus. Joshua
W. Ellis. Hiram Sweet and Stinson S. Stearns Eighteen good and
lawful men who having been empanelled and Charged retired to
Consider of their presentments and Indictments.
Mary E. Largent by her next friend & guardian Marcus L. Largent
vs
Tillman Thompson and Adaline Thompson
Civil Action
Now at this day comes the Said Defendant by their attorney and by
leave of the court files herein their Answer to Said Plaintiffs
amended Petition.
Mary E. Largent by her next friend and guardian Marcus L. Largent
vs
William Thompson
Civil action
Now at this day comes the said Defendant by his attorney and by
leave of the court files herein his Answer to Said Plaintiffs
amended Petition.
Burr H. Emerson circuit attorney being absent It is ordered by the
court that Mark L. Means be appointed circuit attorney protem.
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May Term 1856
Lewis Metcalf, Nancy Jane Metcalf & Martha Ann Beale, Harriett C.
Beale, Elizabeth F. Beale, Sarah Caroline Beale and John D. Beale be
their guardian Lewis Metcalf
Petitioners Exparte
Petition for Partition & sale of Real Estate
Now at this day comes the Said petitioners by their attorney and by
leave of the court files herein their Said petition.
Ordered that court adjourn until to morrow morning 8 oclock. De Witt
C. Ballou Circuit Judge
Tuesday Morning May 6th 1856 court met pursuant to adjournment
Present as on yesterday.
State of Missouri
vs
Robert A. Sproull
Indictment for Selling liquor without License
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and on motion of Said Circuit
attorney It is ordered by the court that this cause be continued
until the next Term of this court.
Theodrick Snuffer
vs
Socrates B. Stone
Civil action
Now at this day comes the Said Defendant by his attorney and by
leave of the court files herein his answer to Said Plaintiffs
Petition.
State of Missouri
vs
Joseph S. Herndon
Indictment for a felonious Assault
Burr H. Emerson circuit attorney being absent and Mark L. Means
circuit attorney protem being engaged as counsel for said
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May Term 1856
Defendant It is ordered by the court that Waldo P. Johnson Attorney
At law be appointed to prosecute for the State of Missouri in this
Cause and the Said Waldo P. Johnson being in court here accepts said
appointment.
State of Missouri
vs
Marcellus J. Harris
Indictment for Murder
Now at this day comes the Circuit Attorney who prosecutes for the
State of Missouri int his behalf, as well as the said defendant in
his own proper person and by attorney And on motion of said Circuit
Attorney It is ordered by the Court that this Cause be continued
until the next term of this Court and thereupon comes the said
Marcellus J. Harris defendant in this cause as principal and
Aurelius B. Harris, Edwin G. Harris, John T. McClain, Harry C.
Douglass and Francis M. Cox as his sureties and acknowledge
themselves to owe and Stand indebted to the State of Missouri in the
sum of Ten Thousand 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 Marcellus J.
Harris 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 Murder and
abide the decision of the Court and not depart the Court without
leave.
It is ordered by the Court that A special term of this Court be held
at the Court House in the Town of Osceola in continuation of the
present term of this Court Commencing on the first Monday in June
next.
On Motion of Waldo P. Johnson ordered that Shadrack Chandler be
permitted to sign the roll of Prosecuting Attorney in this Court.
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May Term 1856
State of Missouri – Plff
vs
Daniel Gray, Robert Gray and Daniel L. Gray – Defts
Indictment for a felonious Assault
The Circuit Attorney Burr H. Emerson being absent and the Circuit
Attorney protem Mark L. Means being engaged as counsel for said
defendant It is ordered by the Court that Shadrack Chandler Attorney
at Law be appointed Circuit Attorney to prosecute for the State of
Missouri in this Cause and said defendants being all personally
present and being demanded of Concerning the premises for their plea
in this behalf, say they are not guilty in manner and form as is
charged against them in this indictment and for their trial put
themselves upon the Country and the Circuit attorney for the State
of Missouri doth the same and thereupon Comes A Jury to wit John W.
Beckley, Jeremiah Bray, William Duckworth, Thomas Coulthard, William
Hodgson, George W. Parks, Thomas T. Earnest, Ervin Thomas, Joseph S.
Hernden, Aaron Coulthard, Valentine D. Hoover and Reuben Vaughan
Twelve good and lawful men who after being tried elected and Sworn
to well and truly try the Issue in this Cause Joined were by the
Court adjourned until 8 oclock tomorrow morning.
State of Missouri
vs
William Wells
Indictment for Gaming
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 for his plea in this behalf Said
Defendant by his attorney Says he is guilty in manner and form as
charged against him and for his punishment puts himself upon the
Mercy of the Court
Whereupon the court doth assess a fine of Ten Dollars against Said
Defendant It is therefore considered by the court
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May Term 1856
that the Said State of Missouri recover against the Said Defendant
William Wells the said sum of Ten Dollars So assessed by the court
as aforesaid for her Fine in this cause together with her costs in
this behalf and that Execution Issue therefor and that said
Defendant render himself in Execution for said Fine and costs.
Elcanah Cain
vs
William Duckworth
Civil action
Now at this day comes the Said parties by their Attorneys and the
Said Defendant by his attorney by leave of the court Files herein
his Motion and Moves the court to Dismiss this Suit for want of a
Sufficient Bond for costs which Said Motion being Seen heard and
fully understood by the court is by the Court overruled.
State of Missouri
vs
Nimrod Morris
Indictment for dealing with a Slave
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 Indictment but dismisses the Same It is therefore
considered and ordered by the court that The Said defendant Nimrod
Morris be from his recognizance in this Case be discharged and that
he go hence thereof without day. And that this cause be dismissed.
State of Missouri
vs
Richard R. Fewell
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 Indictment but dismisses the Same. It is therefore
considered by the court that the said defendant Richard R. Fewell be
discharged from his recognizance in this case and that he go
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May Term 1856
hence thereof without day and that this cause be dismissed.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Circuit Judge
Wednesday morning May 7th 1856 court met pursuant to adjournment
present as on yesterday.
State of Missouri
vs
Daniel Gray, Robert Gray & Daniel L. Gray
Indictment for a felonious Assault.
Now at this day comes again here into court the circuit attorney who
prosecutes for the state of Missouri in this behalf as well as the
said Defendants Daniel Gray, Robert Gray and Daniel L. Gray each in
his own proper person and the Jury Sworn on yesterday to try the
Issue in this cause Joined returns here into court and after hearing
the evidence returned into court the following verdict To wit. “We
the Jury find the Defendants not guilty in the manner and form as
they stand charged in the Indictment. John W. Beckley Foreman.”
It is therefore considered by the Court here that the Said
defendants be acquitted and that the Said Daniel Gray, Robert Gray
and Daniel L. Gray each and all from their recognizance be
discharged and that they go hence thereof without day.
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May Term 1856
Lewis Metcalf & Nancy Jane Metcalf his wife late widow of James
Beale Deceased, Martha Ann Beale, Harriett Catharine Beal, Elizabeth
Francis Beal, Sarah Caroline Beal & John Daniel Beal by their
Guardian Lewis Metcalf – Ex parte
Petition for Partition of Real Estate
Now at this day comes again here into court said parties by their
attorney as well as the said Martha Ann Beal, Harriett Catharine
Beal, John Daniel Beale, Elizabeth Frances Beal & Sarah Caroline
Beal by their Guardian Lewis Metcalf and being ready for a hearing
of Said cause the Same was Submitted to the court here upon the
petition and evidence And the court here after hearing said petition
and evidence doth find that Sometime in the month of February AD
1854 That one James Beal of the county of St. Clair in the State of
Missouri departed this life and at the time of his death was Seized
and possessed in fee simple of the following described real Estate
lying and being in said county of St. Clair to wit. The East half of
the South East quarter of Section No. Twenty eight in Township No.
thirty seven of Range No. Twenty seven also the west half of the
South west quarter of Section No. twenty seven in Township No.
thirty Seven of Range No. Twenty seven also the North west quarter
of the North west quarter of Section No. Thirty four in Township No.
thirty Seven of Range No. Twenty Seven
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May Term 1856
Containing in all two hundred acres of land and the court doth
further find that the said James Beal deceased at the time of his
death left the following Named persons his children and heirs at law
and his widow to wit Nancy Jane Metcalf then Nancy Jane Beal widow
of the said James Beal deceased who since the death of the said
James Beal Deceased intermarried with the said Lewis Metcalf who is
a party to this petition and the court here doth find that the said
Nancy Jane Metcalf entitled to Dower in said real Estate as widow of
the said James Beal Deceased being the use of one third of Said real
Estate for and during her natural life and that the said Martha Ann
Beal, Harriett Catharine Beal, Elizabeth Frances Beal, Sarah
Caroline Beal & John David Beal, children of the said James Beal
deceased are each entitled to an undivided fifth part of Said real
Estate Subject to Said widows Dower and the court here doth further
find that from the Nature and assessment of Said real Estates ought
to be divided and the Number of Said owners that partition thereof
in Kind cannot be Made without great prejudice to said owners It is
therefore considered by the court here and the court here doth order
adjudge and decree – that partition of Said real Estate be made
between the parties to this proceeding according to their respective
rights as herein before ascertained and that the Sheriff of Said
county proceed to Sell the whole of Said real Estate according to
law for one fourth cash in hand and the residue on a credit of
Twelve months the Sheriff taking Notes or bonds with good Security
for the purchase money aforesaid and that after paying the costs and
expenses of this proceeding and Sale (and the said Lewis Metcalf and
Nancy Jane his wife Electing to relinquish said Dower & to have said
real Estate sold and to take a Share of the proceeds of Said Sale of
Said real Estate absolutely instead of Dower And the court here
having ascertained the Share that said dower is worth absolutely) It
is therefore ordered by the court here that after paying Said
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May Term 1856
Said costs and charges that the said Lewis Metcalf and Nancy Jane
his wife be paid one Sixth part of the purchase money and that the
residue be Equally divided Among and between the Said Martha Ann
Beal, Harriett Catharine Beal, Elizabeth Frances Beal, Sarah
Caroline Beal, and John Daniel Beal and it is further ordered that
one attorney fee to the amount of Twenty five Dollars be allowed to
Wm. A. McClain to be paid as other costs And the Opinion of the
court accordingly is filed herein.
The Grand Jury returns into court here and by their foreman in
presence of the whole body presents to the court the following Bills
of Indictment against
Daniel P. Todd for Selling intoxicating liquor in less quantity than
one quart without License
One Bill of Indictment against Samuel Hedges for Keeping a Ferry
without License
One Bill of Indictment against [space] for a felonious assault –
which said Bills of Indictment are by the court ordered to be filed
And on Motion of the circuit attorney who prosecutes for the State
of Missouri It is ordered by the court that capias writs Issue on
all of the Said Indictments directed to the Sheriff of the proper
county returnable to this court on the first Monday in June next.
And said Grand Jury by their foreman also presents to the court
their report of the Condition of the common Jail of St. Clair county
which is by the court ordered to be filed and certified to the
County Court. And having further business before them again returned
to consider of their further Indictments and presentments.
State of Missouri
vs
James F. Beck
Indictment for dealing with a Slave
Now at this day comes the circuit
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May Term 1856
Attorney who prosecutes for the State of Missouri in this behalf and
Says he will not further prosecute this Indictment but dismisses the
Same It is therefore considered and ordered by the court that this
case be dismissed and that Said Defendant be released from answering
to Said Indictment.
State of Missouri
vs
[space] Hicks and [space] Newberry
Indictment for Gaming
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 Indictment but dismisses the Same It is therefore
considered and ordered by the court that this case be dismissed and
that the Said Defendants – Hicks & -- Newberry be released from
answering to said Indictment.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Circuit Judge
Thursday morning May 8th 1856 court met pursuant to adjournment
Present as on yesterday.
Whitson Pennington
vs
Zachariah Burrass & James Z. Burrass
Civil action for title to real Estate
Now at this day comes the Said parties by their attorneys and the
Said Defendants Zachariah Burrass by his attorney by leave of the
court files his answer to Said Plaintiffs petition And it appearing
to the court that the said Defendant James Z. Burrass is a Minor
under the age of Twenty one years Whereupon
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May Term 1856
It is ordered by the court that William A. McClain be appointed
Guardian Adlitem for the Said Defendant James Z. Burrass and the
Said William A. McClain being in court accepts Said appointment and
thereupon files herein his answer as Guardian Adlitem for the said
Defendant James Z. Burrass.
State of Missouri
vs
Elbert Foaster
Indictment for a felonious Assault
Now at this day comes the Said Defendant in his own proper person
and by attorney And Mark L. Means circuit attorney protem for this
term of this court having been previously engaged and now acting as
Counsel for said Defendants and Burr H. Emerson Circuit attorney
being still absent It is ordered by the Court that Waldo P. Johnson
Attorney at Law be appointed circuit attorney to prosecute for the
State of Missouri in this case who being in court accepts said
appointment. And thereupon Said Defendant by his attorney by leave
of the court files herein his demurrer to Said Indictment.
Page 121:
May Term 1856
John Wix Adm’r of Robert Beaty Dec’d
vs
William W. Patterson
Appeal from J.P.
Now at this day comes the said defendant by his attorney and by
leave of the court files herein his affidavit and Motion for a
continuance of this cause. And both parties being here in court by
their attorneys and Said Motion having been Seen heard and fully
understood by the court It is ordered by the court that this cause
be continued until the next regular term of this court at the costs
of the Said defendant.
It is therefore considered by the court that the Said Plaintiff
recover against the said defendant his costs and charges by him laid
out and expended in this behalf at and about this term of this court
And that Execution Issue therefor.
State of Missouri
vs
Joseph S. Herndon
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 in
his own proper person and by her attorney and both parties being
ready for trial and the Said Defendant being asked and demanded of
and concerning the premises for her 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 Whereupon
comes a Jury To wit. John Mays, Thomas Dudley, John M. Anglin, Felix
Bailey, Henry Atterberry, Walker Jones, Thomas Compton, John Miller,
John Sherman, Robert Sykes, Samuel C. Sutt and Jonathan Culbertson
Twelve good and lawful
Page 122:
May Term 1856
men who having been tried Elected and Sworn to well and truly try
the Issue in this cause Joined after hearing the evidence and not
having time to finish the case this day were by the court adjourned
until tomorrow morning 8 oclock.
Ordered that court adjourn until tomorrow Morning 8 oclock. De Witt
C. Ballou Circuit Judge
Friday morning May 9th 1856 court met pursuant to adjournment
Present as on yesterday.
Jabel Brown – Plff
against
Mary Barger, Franklin Barger, John Brown, Jabel Brown Jr., Sarah
Brown, Mary Brown, Rhodes Brown, Noah Brown, Joseph Brown & Samuel
Brown – Defts
Petition for Partition of Real Estate Commissioners Report 46
Now at this day comes the Said parties by their attorneys and Uriah
L. Sutherland, George Preston and Elisha H. Bell the Commissioners
Appointed by this court to make partition and Division of the real
Estate belonging to the above named parties as the heirs of Joseph
Brown Dec’d according to their respective rights and interests
therein comes into court and presents to the court their report of
their proceedings touching the said partition and division, and it
appearing to the court here that the said commissioners have made
said partition and division according to law and there being no
objection to said report on good cause shown to set the same aside,
and said report having been acknowledged and certified as the law
requires. It is therefore understood by the court that said report
be approved and filed and Recorded which is as follows to wit
State of Missouri
County of St. Clair ss
The undersigned Uriah L. Sutherland
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May Term 1856
Elisha H. Bell and George Preston having been by order of the St.
Clair Circuit Court made at the October Term A.D. 1855 appointed
commissioners to make partition of the real Estate belonging to the
Estate of Joseph Brown Deceased of said county so hereby solemnly
swear that we will honestly and impartially execute the trust so
found in us as commissioners aforesaid so far as one knowledge of
the same shall stand so help us God
Uriah L. Sutherland
Elisha H. Bell
George Preston
Subscribed and sworn to before the undersigned Hugh Arbuck an acting
Justice of the Peace in and for the county aforesaid
This April the 13th 1856
Hugh Arbuck, J.P.
The undersigned having been by an order of the St. Clair circuit
court made at the October term AD 1855 appointed commissioners to
make partition of the real estate belonging to the estate of Joseph
Brown Deceased late of said County to make said partition among and
between the heirs of the said Joseph Brown as they are set forth in
said order – Giving to each heir the proportion of value as appears
to be his or her interest as adjudged in said order as follows
To Jabel Brown (sen’r) who is entitled to one third Interest we
allot the NW ¼ of NE ¼ of Section 25 Township 37 Range 25 making 40
acres, The E ½ of the E ¼ of Sec. 15 Township 37 Range 25 containing
80 acres, the SW ¼ NE ¼ of the S. 5 Township 37 Range 25 containing
40 acres, the NW ¼ of NW ¼ of Section 30 Township 37 Range 25
containing 40 acres and ten acres off of the North and of the SW ¼
NW ¼ of Section 34 Township 37 Range 25 the said ten acres Lot 12
bounded as follows Beginning at the N.W. corner of Said S.W. ¼
thence North Forty poles thence East 9 poles thence North 30 poles
Thence West 88 poles along the line between the said SW ¼ of NW ¼
and the NW ¼ of NW ¼ to the beginning making in all To Jabel Brown
(sen’r) 210 acres
To Mary Barger wife of Franklin Barger who is entitled to one third
Interest we allow the NW ¼ of SE ¼ of Section 25 in Township 37
Range 28 containing 40 acres the W ½ of the NE ¼ of NE of Section 25
of Township 28 containing 20 acres the S ½ of the NW ¼ of NW ¼ of
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May Term 1856
Section 35 in Township 37 Range 27 containing 15 25/100 acres, the S
½ of the SE ½ of the NW ¼ of Section 30 in Township 37 of Range 27
containing 19 26/100 acres, the SE ¼ of Sec. 30 in Township 37 of
Range 27 containing 152 27/100 acres the West half of NE ¼ of
Section 30 of Township 37 of Range 37 containing 50 acres, making in
all to Mary Barger wife of Franklin Barger 320 27/100 acres
To John Brown who is entitled to one eighth part of one third part
as that the NE ¼ of NE ¼ of Sec. 26 Township 37 of Range 25
containing 40 acres
To Jabel Brown Jr. we allot thirty acres off of the South end of the
NW ¼ of NW ¼ of Section 50 Township 37 of Range 28 bounded as
follows beginning at the SW corner of Said South West ¼ of NW ¼
thence East 50 poles thence North 60 Poles, thence West 80 Poles,
thence South 60 poles to the beginning, containing 30 acres
We allot to Sarah Brown, Mary Brown, Rhodes Brown, Noah Brown,
Joseph Brown and Samuel brown who are respectively entitled to one
Eighth of one Third interest in said estate, the NE ¼ of NE ¼ of
Section 25 of Township 37 in Range 25 containing 40 acres the North
½ of SE ¼ of NE ¼ of Section 25 in Township 37, of Range 25
containing 30 acres, the NW ¼ of NW ¼ of Sec. 30 in Township 37 of
Range 27 containing 36 12/100 acres the North ½ of the SW ¼ of NW ¼
of Section 30 in Township 37 of Range 27 containing 18 6/100 acres,
the NE ¼ of NW ¼ of Section 30 in Township 37 of Range 37 containing
39 90/100 acres the N ¼ of SE ¼ of NW ¼ of Section 30 in Township 37
of Range 37 containing 17 36/100 acres, making to the last named Six
heirs 174 6/100 acres all of which is respectfully submitted to the
court
Given under our hands the 26th day of Aprile 1856
Uriah L. Sutherland
George Preston
Elisha H. Bell
Commissioners
Charges of Commissioners
Uriah L. Sutherland 5 days $7.50
George Preston 3 days $4.50
Elisha H. Bell 5 days $7.50
State of Missouri
County of St. Clair
Be it remembered that on this the 30th day of April AD 1856 before
the undersigned residing Justice of the Peace for the County
aforesaid personally appeared George Preston personally Known to me
to be the same person whose name is subscribed to the within and
foregoing instrument having recorded the same and acknowledged the
same to be his act and deed for the purposes therein mentioned
Given under my hand the date above written
Uriah L. Sutherland Justice of the Peace
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May Term 1856
State of Missouri
County of St. Clair ss
Be it remembered that on the 25th day of April AD 1856 personally
appeared before me James W. Beck Clerk of the Circuit court of St.
Clair county Missouri Uriah L. Sutherland, and on the 25th day of
April AD 1856 by atty appeared before me Elisha H. Bell both who are
Known to Me to be two of the persons whose names are subscribed to
the foregoing instrument of writing as having executed the same and
acknowledged that they executed the same as their own act and deed
for the purposes therein mentioned.
In testimony whereof I hereto set my hand and affix the seal of Said
Court of Office This 25th day of April AD 1856
James W. Beck (seal)
And it is further ordered adjudged and decreed by the Court that
Said Partition be final and effectual forever
Thomas C. Bradley
vs
Dabney A. Whitton
Replevin
Now at this day comes the Said Plaintiff by his attorney and
suggests to the Court that the process Issued in this Cause has not
been Served And offers his motion It is ordered by the court that an
alias writ be Issued against the Defendant in this cause returnable
to this court on the first day of the next Term.
James E. Boulden
vs
Robert H.N. Sander
Petition to arrest Deed
Now at this day comes the Said Plaintiff by his attorney and by
leave of the court files herein his indictment the publication of
the Order Made by the Clerk of the court in vacation requiring
Notice to said Defendant to be published And on motion of said
Defendant by
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May Term 1856
his attorney it is ordered by the court that he be granted until the
next November Term of this court to file his answer to said
Plaintiffs petition.
It is ordered by the court that all answers and pleadings in cases
of debt on Bonds and Notes be filed by 12 oclock this day.
Whitson Pennington
vs
Zachariah Burrass & James Z. Burrass
civil action for title to real Estate
Now at this day again comes the plaintiff by his attorney as well as
the Defendant Zachariah Burrass by his attorney and it appearing to
the satisfaction of the court by the return of the Sheriff of St.
Clair county that due process had been duly Served upon James Z.
Burrass more than twenty days before the first day of this term of
this court and it being suggested to the court here that Said James
Z. Burrass one of said defendants is a minor under the age of twenty
one years, the court thereupon appoints William A. McClain guardian
ad litem for and on behalf of James Z. Burrass minor as aforesaid
and the said William A. McClain being in court here consents to act
as such guardian ad litem and the said Zachariah Burrass having
filed his answer, and the said William A. McClain as guardian ad
litem for the minor aforesaid having filed the answer of Said minor
and all parties being ready for trial the cause is submitted to the
court on petition answers, and ordered submitted to the court the
court here doth find that about and previous to the 10th day of
August AD 1853 the said Zachariah Burrass one of the above named
defendants being in debt and embarrassed in his circumstance, and
for the purpose of refunding his creditors purchased with his own
money at the United States land office at Clinton in the State of
Missouri in the name of his infant son James Z. Burrass and was at
that time about nine years old and who is aforesaid in this suit
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May Term AD 1856
The following tract of land to wit the North West quarter of the
North East quarter of Section No. 117 in Township No. thirty seven
of Range No. twenty four containing 40 acres lying and being in the
county of St. Clair aforesaid and at the time the Said Zachariah
Burrass entered Same land on which an improvement on the Same
consisting of House fence and various improvements and has resided
on the Same untill about the 14th day of April AD 1855 at which time
last aforesaid the court here doth find that Said plaintiff Whitson
Pennington entered into a contract with the said Zachariah Burrass
for the purpose of Said 40 acres as aforesaid and the appertunances
there unto belonging and as improvement on offsining lands belonging
to the United States at the price and Sum of Seven hundred dollars
and at the time of the purchase paid Said Zachariah Burrass the Sum
of three hundred dollars in property and afterwards the further
amount of four hundred dollars in money and that at the time of Said
purchase Said plaintiff took possession of Said forty acre tract of
land & has continued in possession since Said purchase and Said
court here further finds that at the time of Said sale of said 40
acre tract of land the said plaintiff had no notice or Knowledge to
the contrary but that the Said Zachariah Burrass was the owner of
Said tract of land and that the Said plaintiff is a purchaser of
Said 40 acre tract of land from the said Zachariah Burrass for a
valuable consideration and without any notice or Knowledge that Said
tract of land had been entered in the name of the Said defendant
James Z. Burrass and the court here doth further find the Said
Defendant Zachariah Burrass was the owner of the Estate title to
said 40 acre tract of land that the title of the Said
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May Term AD 1856
James Z. Burrass was purely legal & that he hold the Same in trust
for his Said father Zachariah Burrass and the court here further
finds that the Said Zachariah Burrass had neither finds nor property
in his hands nor under his controll belonging to the said James Z.
Burrass at the time he made Said entry nor did the Said James Z.
Burrass have any property or means whatever In consideration of the
premises it is ordered adjudged and decreed that all the right title
interest claim and demand that the Said James Z. Burrass had in and
to Said 40 acre tract of land is hereby vested in and passed to the
plaintiff in this Suit and that Said plaintiff his heirs & assigns
have and hold the Same free and clear of any claim of the Said James
Z. Burrass and that all the right and title that the Said Zachariah
Burrass had in or to Said 40 acres tract of land be vested in Said
plaintiff and that the said Zachariah Burrass make a deed of
conveyance thereof to Said plaintiff and that the Said defendant
Zachariah Burrass pay the costs of this Suit and that plaintiff
recover the Same and that Execution issue therefor and the opinion
of the court in accordance herewith is filed herein.
State of Missouri
vs
Joseph S. Herndon
Indictment for Felonious Assault
Now at this day comes again the said Circuit attorney who prosecutes
for the State of Missouri 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 returns into court and after hearing
the evidence thereof & returned into court the following verdict To
wit “We the Jurors find the Defendant not Guilty in manner and form
as he stands
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May Term 1856
Charged in the Indictment Jonathan Culbertson Foreman”
It is therefore Considered by the court here that the Said Defendant
be acquitted and from his recognizance discharged and that he go
hence thereof without day.
State of Missouri
vs
Elbert Feaster
Indictment for Felonious Assault
Now at this day comes the said 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 Demurrer filed on
yesterday by said Defendant coming on to be tried after having been
by the court seen heard and fully understood is by the court
overruled and thereupon the Said Defendant by his attorney Excepts
to the decision of the court in overruling his said demurrer and
presents to the court his bill of exceptions which is by the court
Signed and ordered to be filed which is accordingly done And
thereupon the Said defendant makes and files herein his affidavit
and Motion for a continuance of this cause which said motion having
been seen heard and fully understood it is ordered by the court that
this Cause be continued until the Next regular term of this court.
And it is further ordered by the Court that a certain Hickory Stick
said to have been used in said Assault be and the same is by the
court placed in the hands of the Sheriff of St. Clair county
Missouri for safe Keeping and to be by him returned into court here
upon the trial of said cause.
Page 130:
May Term 1856
James C. Hinkle, Albert Hinkle, Manville D. Hinkle & Frances
McGuire, Thomas McGuire, Robert L. Hopkins, Elizabeth Hopkins,
Abigail Hinkle & Elizabeth Hinkle – Plffs
vs
Russel Y. Cole & Emily Cole – Defts
Civil action for assignment of Dower & partition & sale of real
Estate
Now at this day comes the said Plaintiffs by their attorney And
produces to the court Satisfactory proof that the order of
Publication Made by the clerk of the court in this cause in Vacation
has been duly published as the law requires in the “South West
Democrat” a weekly newspaper published in this State which said
proof is by the court ordered to be filed herein and is accordingly
done.
State of Missouri
vs
Henry Pollard
On notice for failing to appear before the Grand Jury as a witness
Now at this day comes the Said Henry Pollard and presents to the
court his Excuse for said failure whereupon It is ordered by the
court that he be released from the payment of a fine or any other
penalty in this cause upon the payment of the costs in this cause.
James T. Teays – Plff
vs
Hugh Allison and David T. Short – Defts
Civil action
Now at this day comes the parties by their Attorneys And by
agreement of the Said parties Plaintiff dismisses his Suit and the
said Defendants are to pay all costs which have accrued in this
cause.
It is therefore considered by the court that the said plaintiff
recover against the Said Defendants his costs and charges by him
laid out and Expended in this behalf and that Execution Issue
therefore.
Page 131:
May Term 1856
William W. Ritchey
vs
Edmund Nance & Reuben S. Nance
Civil action
Now at this day comes the said Plaintiff by his attorney and the
said defendants though three times Solemnly called comes not but
makes default and It appearing to the court that both of Said
Defendants have been legally served with process in this cause by
copy more than Twenty days before the first day of this term of this
Court and there being no answer to Said plaintiffs petition
wherefore Judgment ought to be rendered for want of answer And this
action being founded on a promissory note for the direct payment of
money whereby the amount due as principal and Interest is by the
court ascertained to be Nine hundred and Seventy Nine Dollars and
Twenty five cents It is therefore considered by the Court that the
Said Plaintiff have and recover against the said Defendant the said
Sum of $979.25 cents so found by the court as aforesaid together
with his costs and charges by him laid out and expended in this
behalf and that Execution Issue therefor.
John T. McClain Assignee of Corbin & Barnes – Plff
vs
James T. Teays & Lewis Fournier – Deft
Civil action
Now at this day comes the Said Plaintiff by his attorney and on his
motion it is ordered by the court that this Suit as against the said
Lewis Fournier be dismissed And the Said James T. Teays though three
times solemnly called comes not but makes default And It appearing
to the Court that the said Defendant James T. Teays has been legally
Served with process in this Cause
Page 132:
May Term 1856
more than Twenty days before the first day of this term of this
court and there being no answer to said plaintiffs petition
wherefore Judgment ought to be rendered for want of answer And this
action being founded upon a promissory Note for the direct payment
of money whereby the amount due as principal and interest is by the
court ascertained to be one hundred and fifty five Dollars And fifty
one cents It is therefore considered by the court that the said
Plaintiff have and recover against the said Defendant James T. Teays
the said Sum of $155.51 cents so found by the court as aforesaid
together with his costs in this behalf laid out and expended and
that Execution Issue therefor.
William A. Martin & Charles J. Martin – Plffs
vs
William Arbuckle & William M. Ousley – Defts
Execution and Sheriffs Deed
Be it remembered that on this day here in open court personally
appeared Daniel P. Morgan Sheriff of St. Clair county Missouri and
presents to the court a deed by him Executed conveying to Amos
Givens all the right title and interest of William M. Ousley one of
the above named Defts in and to the following described real Estate
lying and being situated in the county of St. Clair and State of
Missouri To wit The SW frl qr East and SW qr ½ NE qr of Section No.
31 in Township No. 35 of Range No. 26 containing 96 37/100 acres
more or less also the following described Town Lots in Monigan City
To wit Lot No. 2 in Block No. 3 on Main Street and Lot No. 9 in
Block No. 3 on West Street which said real Estate has been by him
Levied on and sold by virtue of Said Execution And the said Daniel
P. Morgan being personally Known to the court to be the real person
who executed said Deed here in open court acknowledged the Same to
be his act and deed for the purposes therein contained.
Page 133:
May Term 1856
Anna N. Estes & others
vs
William Potter & others
Petition for Partition and Sheriffs Deed
Be it remembered that on this day here in open court personally
appeared Daniel P. Morgan Sheriff of St. Clair County Missouri and
presents to the court a Deed by him executed conveying to William H.
Trolinger all the right title and Interest of the parties to the
above entitled Cause in and to the following described real Estate
situated in the county of St. Clair and State of Missouri To wit The
East half of the SE frl qr of Section No. 25 in Township No. 38 of
Range No. 27 containing 77 80/100 acres more or less which said land
has been Sold by said Sheriff by virtue of a Decree of this court
for Partition And the said Daniel P. Morgan being personally Known
to the court here to be the real 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.
It is ordered by the Court that all business not otherwise disposed
of be continued until the Special adjourned Term of this court to be
begun and held on the first Monday in June Next.
Ordered that court adjourn until the first Monday in June next. De
Witt Ballou Circuit Judge
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