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St. Clair County Circuit Court
Microfilm Transcripts
NOVEMBER TERM 1856
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November 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 3rd day of November AD 1856 Present
Hon. De Witt C. Ballou Cir Judge
James W. Beck Clerk
Daniel P. Morgan Sheriff
Thomas W. Freeman Cir atty
The Sheriff of St. Clair county returns 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 William C. Douglass who was by the
court appointed foreman of the Grand Jury, Joseph W. Cox, John C.
Greenwell, George Casey, Theoderick Snuffer, Joseph S. Herndon,
James F. Boswell, John H. Dice, James E. Story, James Bigsford,
James Dudley, Lemuel R. Oakes, Jefferson Cummins, Francis Yoast,
James D. Gray, Jesse Looney, Thomas H. Henley, and Bennet Pitt
Eighteen good and Lawful men who having been empanelled and charged
retired to consider of their presentments and Indictments.
It is ordered by the court that John Fleming and Joshua Dallas be
required to show cause if any they have for failing to appear as
grand Jurors after having been Summoned by the Sheriff of St. Clair
county for that purpose.
State of Missouri
vs
Thomas Y. Earnest
Indictment for Felonious Assault No. 1
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and Says he
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November Term 1856
will not further prosecute this case & dismisses this cause It is
therefore considered and ordered by the court that this case be
dismissed and that said Defendant be acquitted and from his
recognizance discharged and that he go hence without day.
State of Missouri
vs
Thomas Y. Earnest
Indictment for felonious Assault No. 2
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 and dismisses the Same. It is therefore
considered and ordered by the court that this cause be dismissed and
that the said defendant from his recognizance be discharged and that
he go hence thereof without day.
State of Missouri
vs
Daniel P. Todd
Indictment for Selling liquor without License
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant
Daniel P. Todd in his own proper person and for his plea in this
behalf Says he is guilty in manner and form as in said Indictment is
charged against him and for his punishment puts himself upon the
Mercy of the court Whereupon the court doth assess a Fine of Twenty
Dollars against Said defendant It is therefore considered by the
court that the Said State of Missouri recover against Said defendant
the Said Sum of $20.00 So assessed by the court as aforesaid
together with her costs in this behalf and that Execution Issue
therefor and that Said defendant render himself in Execution
therefor.
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November Term 1856
Joshua Dallas appears in court and for good cause proven to the
court It is ordered by the court that he be excused for failing to
appear in court in time to fill his place as a grand Juror on this
Morning.
State of Missouri – Plff
vs
Marcellus J. Harris – Deft
Indictment for Murder
It is ordered by the court that Oliver C. Hall Attorney at law be
and he is by the court appointed circuit attorney protem to
prosecute for the State of Missouri in this Cause for the reason
that Thomas W. Freeman Cir atty is Counsel for Plff And the said
Oliver C. Hall being in court here accepts said appointment and
agrees to prosecute for the State of Missouri in this case.
State of Missouri – Plff
vs
Robert H. Sproull – Deft
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 says that he will not further
prosecute the Said Indictment but Dismisses the Same It is therefore
considered by the court and ordered that this cause be dismissed and
that Said defendant from his recognizance be discharged and that he
go hence thereof without day.
State of Missouri
vs
Stanford Walters
Indictment for disturbing religious worship
On Motion of the circuit attorney who prosecutes for the State of
Missouri in this behalf It is ordered by the court that an alias
writ of Capias be Issued against said Defendant directed to the
Sheriff of St. Clair County returnable to the Next term of this
Court.
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November Term 1856
Rebecca Holsapple – Plff
vs
Jacob Holsapple – Deft
Petition for Divorce
Now at this day comes the Said parties by their attorneys And on
Motion of Said plaintiff by his attorney It is ordered by the court
that this Cause be dismissed at the costs of the Said Plaintiff It
is therefore considered by the Court that the said Defendant recover
against the Said Plaintiff his costs and charges in this behalf laid
out and expended and that Execution Issue therefor.
Malinda Dempsey – Plff
vs
George Dempsey – Deft
Petition for Divorce
Now at this day comes the Said plaintiff by her attorney and on his
motion It is ordered by the court that this Suit be dismissed at the
said Plaintiffs costs It is therefore considered by the court that
the Said Defendant recover against the Said Plaintiff his costs and
charges in this behalf laid out and expended and that execution
Issue therefor.
Richard J. Drake by his next friend and Natural Guardian Jefferson
Drake – Plff
vs
Levi Moore & Elizabeth Moore – Defts
Civil Action
Now at this day comes the Said parties by their attorneys William A.
McClain for Plaintiff and Waldo P. Johnson for Defendants and by
agreement of the parties by their Said attorneys The Said Plaintiff
agrees to dismiss this Suit and not again revive or renew the same
and in consideration thereof the said defendants agree to pay the
costs of this suit It is therefor considered and ordered by the
court that this suit be dismissed and that this cause be not again
reviewed or prosecuted by
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November Term 1845
the said Plaintiff against said Defendants And that the Said
Plaintiff recover against the Said Defendants his costs and charges
as in this behalf laid out and expended and that execution Issue
therefor.
Ordered that court adjourn until tomorrow morning 8 oclock. DeWitt
Ballou Circuit attorney
Tuesday morning November 4th 1856 court met pursuant to adjournment
present as on yesterday.
John S. Whitley and Mary A. Whitley his wife, Theodore Moore and
Martha Moore his wife, David Webb and Rachel E. Webb his wife,
Jonathan Roberts and Samuel Roberts by their Guardian John S.
Whitley Plaintiffs
Exparte
Civil action for Partition and Sale of Real Estate
Now at this day comes the plaintiffs into court here and the case
being Submitted to the court upon petition and evidence offered by
plaintiffs the court here finds from the evidence that Mary A.
Whitley who has intermarried with John S. Whitley, Martha Moore who
has intermarried with Theodore Moore, Rachel E. Webb who has
intermarried with David Webb and Jonathan Roberts and Samuel Roberts
in their own right and as heirs and Legal representatives of Samuel
Roberts Dec’d and Scynthia Roberts Dec’d are the owners of the North
½ NW of SW ¼ of Section No. 18 in Township No. 37 of Range No. 28
and of the NE Lot No. 1 of SW ¼ of Section No. 18 Township No. 37 of
Range No. 26 the whole containing Eighty one and 36/100 of an acre
situated in St. Clair County Missouri and the Court further finds
that the Said Mary A. Whitley, Martha Moore, Rachel E. Webb,
Jonathan Roberts and Samuel Roberts are each entitled to an
undivided fifth part of Said real estate aforesaid. In consideration
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November Term 1856
Of the premises and in consideration of the prayer in the petition
filed in this issue It is ordered adjudged and decreed by the court
here that partition be made among and between the parties entitled
thereto according to their respective rights found and Set forth and
It appearing to the court here from evidence offered in the cause
and from the Nature and amount of the property Sought to be divided
and from the number of the owners that the said real Estate cannot
be Divided without great prejudice to the owners It is ordered
adjudged and decreed by the court here that the Sheriff of St. Clair
County Missouri proceed to sell said land according to law requiring
one fourth the purchase money cash in hand, and the remainder on a
credit of twelve months the purchaser giving bond approved security
and It is further Ordered that William A. McClain be allowed fifteen
Dollars as an attorneys fee in said cause to be taxed and paid as
other costs and the opinion of the court accordingly filed.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Circuit Judge
Wednesday Morning November 5th 1856 Court Met pursuant to
adjournment present as on yesterday.
Elizabeth P. Offutt
vs
Peter Brown & others
Petition for title to real Estate
Now at this day comes the said Defendants Martha Philips and James
Philips minors by their Guardian Adlitem and by Leave of the court
files herein his answer for said Minors to said Plaintiffs petition
And by leave of the court all other defendants to said petition
(except Harry E. Moran, Nancy Moran and Benjamin Brown) by their
attorney files herein their Answer to said Plaintiffs petition.
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November Term 1856
John T. Metcalf
vs
Daniel Dale
Civil action
Now at this day comes the parties by their attorneys and by leave of
the court the Said Defendant by his attorney files herein his answer
to the said Plaintiffs Amended Petition.
State of Missouri
vs
Samuel P. Hedges
Indictment for Keeping a Ferry without license
Now at this day comes the said defendant by his Attorney and files
herein his Motion to quash Said Indictment.
State of Missouri – Plff
vs
Marcellus J. Harris – Deft
Indictment for Murder
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf, as well as the said defendant
Marcellus J. Harris in his own proper person and by attorney And for
his plea in this behalf says he is not guilty in manner and form as
in said Indictment is charged against him – and for his trial puts
himself upon the country and the circuit Attorney for the State of
Missouri doth the same whereupon comes a Jury Towit Anderson Allen,
Thomas Chilton, Jonathan Culbertson, James C. Culbertson, C.H. Tapp,
Harrison Hubbard, Caleb B. Starky, Thomas J. Parks, William Gardner,
Gideon Davis, Hezekiah Thompson and Alfred G. Chilton, twelve good
and lawful men elected and sworn to well and truly try the Issue in
this cause who after hearing a portion of the evidence and there not
being Sufficient time to go through with the case this evening were
by the court adjourned until tomorrow Morning 8 oclock under the
usual charge of the court.
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November Term 1856
Benjamin Brown – Plff
vs
John Brown and Others – Defts
Petition for title to real Estate
Now at this day comes Peter Brown and others of said Defendants by
their attorney and by leave of the court files herein their answer
to Said plaintiffs petition.
State of Missouri
vs
Elbert Feaster
Indictment for a felonious Assault
Now at this day come the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said defendant
Elbert Feaster in his own proper person and by attorney And by
agreement of the parties It is ordered by the court that this cause
be Continued until the next regular term of this court And thereupon
comes the Said defendant Elbert Feaster in his own proper person as
principal and Jacob H. Feaster, George W. Hopkins Senior and John C.
Looney as his Sureties and here in open court acknowledge themselves
to owe and Stand indebted to the State of Missouri in the sum of
Five hundred Dollars to be levied of their respective goods and
chattels lands and tenements to the use of said State to be rendered
void upon condition that the Said Defendant Elbert Feaster Shall
make his personal appearance before the Judge of this court at the
Courthouse in the Town of Osceola on the first day of the next Term
of this court which commences on the fifth Monday after the fourth
Monday in March next to answer the said Indictment and obey the
decision of the court and not depart the court without leave.
It is ordered by the court that a Special adjourned term of this
court be begun and held on Monday the 8th day of December next in
continuation of this present Term.
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November Term 1856
Henry E. Moran and Nancy Moran
vs
Peter Brown Et Al
Petition for title to real Estate
Now at this day comes the said Peter Brown and Others of Said
Defendants by their attorney and by leave of the court files herein
their answers to Said plaintiffs petition.
Ordered that court adjourn until tomorrow 8 oclock.
De Witt Ballou Circuit Judge
Thursday morning November 6th 1856 court Met pursuant to adjournment
present as on yesterday.
State of Missouri
vs
Marcellus J. Harris
Indictment for murder
Now at this day comes again the Circuit attorney who prosecutes for
the State of Missouri in this behalf as well as the Said defendant
in his own proper person and by attorney and the Jury Sworn on
yesterday to try the Issue in this cause returned into court in
custody of the Sheriff and after hearing further evidence in the
case and there not being sufficient time to get through the case
this day the Jury was by the court adjourned until tomorrow morning
8 oclock under the usual charge of the court.
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November Term 1856
William Hook – Plff
vs
Elisha Thomas – Deft
Civil action
Now at this day comes the said defendant by his attorney and by
leave of the court files herein his answer to said plaintiffs
petition.
Randolph Whitley and Nancy Reavis – Plffs
vs
Melsina Anderson & others – Defts
Petition for Partition and Sheriffs report of Sale of real Estate
Now at this day comes Daniel P. Morgan Sheriff of St. Clair County
and files herein his report of the Sale of the real Estate by him
sold by order of this court made in the above entitled cause.
Randolph Whitley & Nancy Reavis – Plffs
vs
Melsina Anderson, Finas Anderson, Elizabeth Anderson, James
Anderson, Riley Anderson, Sarah A. Gillmore, James Gillmore, Nancy
Laxton, John Laxton, Martha Reavis, Elvira Reavis, Ellen Reavis,
Drusilla Reavis, Benton Revis & Edward Rivis – Defts
Be it remembered that on this day personally appeared before the
court here Daniel P. Morgan Sheriff of St. Clair county Missouri And
presents to the court a deed by him executed conveying to Randolph
Whitley all the right
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November Term 1856
title interest and claim of the parties to the above entitled cause
that he might Sell as Such Sheriff in and to the following described
real Estate Situated in the County of St. Clair and State of
Missouri To wit The W ½ of the NW ¼ of Section No. 10 in Township
No. 37 of Range No. 27 also the E ½ of the E ½ of the NE qr of
Section No. 9 in Township No. 37 of Range No. 27 and Forty Nine &
27/100 acres of the E frl qr South of Osage River being the East
part thereof of Section No. 3 in Township No. 37 of Range No. 27
which said Lands have been Sold by him under a Judgment and order of
sale made by this court for Partition And the said Daniel P. Morgan
being personally Known to the court here to be the real person whose
name is Subscribed to said Deed as having executed the Same then and
there in open court acknowledged the same to be his act and deed for
the uses and purposes therein contained.
William A. Radford & Eveline Radford his wife, Caroline A. Sweney
and Mary F. Sweney by their Guardian William A. Radford Exparte
Petition for Partition
Now at this day comes into court the said William A. Radford and
Eveline his wife by their attorney and the said Caroline A. Sweney
and Mary F. Sweney by William A. Radford their Guardian and file
herein their petition for the admeasurement of Dower of the said
Eveline Radford and partition of real Estate among and between the
said Caroline A. Sweney and Mary F. Sweney and the same coming on to
be heard by the court upon the petition and the evidence and the
same being heard and fully understood by the court here the court
doth find that about the year 1848 one John Sweney departed this
life intestate Seized and possessed in fee simple of the following
described real estate lying and being in the county of St. Clair in
the State of Missouri Known and described as the west half of lots
No. eight & nine North West fractional quarter of Section No. five
in Township No. Thirty nine
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November Term 1856
of Range No. Twenty five containing Seventy two and 49/100 acres And
said court doth find that the said John Sweney deceased left the
said Eveline Radford his widow who since his death hath intermarried
with the said William A. Radford And the said John Sweney also left
two children to wit Caroline A. Sweney and Mary F. Sweney who are
infants under the age of twenty one years and that the said William
A. Radford hath heretofore been appointed their Guardian by the
county court of the county of St. Clair in the State of Missouri and
give his bond to the State of Missouri as such and the court doth
find that the said Eveline Radford as widow of the said John Sweney
is entitled to Dower in said real Estate for and during her natural
life and that the said Caroline A. Sweney and Mary F. Sweney are
each entitled to one half of said real Estate Subject to said Dower
of their said Mother Eveline Radford and the court further finds
that from the Nature and amount of said real estate ought to be
divided and the Number of said owners that partition thereof in Kind
can not be made without great prejudice to said owners In
consideration of the premises the court here doth order adjudge and
decree that the said Eveline Radford be endowed for and during her
natural life with one third of the value of said premises and that
said real estate be equally divided and partitioned among and
between the said Caroline A. Sweney and Mary F. Sweney Subject to
the said widows dower and the said Eveline Radford and her said
husband having elected to take a certain sum absolutely and
relinquish her dower in said real estate forever the court here from
the evidence doth find that the value of her said Dower is worth the
sum of thirty Dollars and that the same should be paid to her in
lieu of her Dower out of the proceeds of the sale of said real
Estate therefore the court here doth order that the Sheriff of the
county of St. Clair sell the whole of said real estate according to
law to the highest bidder for one fourth cash in hand and the
residue of said purchase money on a credit of twelve months taking
bond with good security and out of the proceeds of said sale first
to pay the costs and expenses of this suit and pay to said Eveline
Radford said sum of thirty dollars and the residue in equal parts to
the said Caroline A. Sweney and Mary F. Sweney And the opinion of
the court in accordance herewith is filed herein.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Circuit Judge
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November Term 1856
Friday morning November 7th 1856 court met pursuant to adjournment
present as on Yesterday.
Howell Lewis – Plaintiff
Against
Frances F. Greathway, William A. Schroeder and Catharine Schroeder,
John Hall, Fanny Hall, Humphrey B. Hereford, Robert Hereford,
Lawrence L. Hereford, Elizabeth Hereford, John E. Lewis, Ellen E.
Lewis, Harold Lewis and George Lewis – Defendants
Civil action for Partition and Sale of real Estate
Now at this day comes the plaintiff by his attorney and the said
defendants being three times Solemnly called comes not but makes
default and it appearing to the court here from the return of the
Sheriff of Henry county Missouri that William H. Schroeder and
Catharine Schroeder two of the defendants have been duly served with
process in this suit more than twenty days before the first day of
this term of this court and it further appearing to the court here
form the affidavit of the publisher of the Osceola Independent that
the order of publication made by the clerk of this court in vacation
notifying all the other defendants of this suit of the commencement
thereof has been duly published in the Osceola Independent a
newspaper published in Osceola St. Clair county Missouri for more
than eight weeks the last insertion being more than four weeks
before the first day of this term of this court And the cause being
called for trial the same was Submitted to the court upon the
petition of Plaintiff and evidence introduced by plaintiff and the
evidence having been heard the court finds that Howell Lewis,
Francis F. Greathway, Catharine Schroeder (who has intermarried with
William H. Schroeder), Fanny Hall (who ahs intermarried with John
Hall), Humphrey B. Hereford, Robert Hereford, Lawrence L. Hereford,
Elizabeth Hereford, John E. Lewis, Ellen E. Lewis, Harold Lewis and
George Lewis as devisees under the will of Ellen H. Lewis deceased
are the legal owners of the following described property Situated in
the Town of Osceola county of St. Clair and State of Missouri To
wit. Lot No. one
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November Term 1856
in Block No. five and Lots No. ten eleven and twelve in Block No.
Six The court further finds that Howell Lewis, Frances F. Gwatheney
and John E. Lewis are each entitled to one undivided fifth of the
aforesaid real Estate that the aforesaid Catharine Schroeder, Fanny
Hall, Humphrey B. Hereford, Robert Hereford, Elizabeth Hereford and
Lawrence L. Hereford are Jointly entitled to one undivided fifth
part of the real Estate aforesaid that Ellen E. Lewis, Harold Lewis
and George Lewis are Jointly entitled to one undivided fifth part of
the real Estate aforesaid And from the evidence the court here
further finds that from the Nature and the quantity of the real
Estate ought to be divided and the number of parties interested
therein that Said real Estate cannot be divided without great
prejudice to the owners In consideration of the premises It is
ordered adjudged and Decreed by the court here that partition be
made of the above described property among and between the parties
to this suit according to their respective rights as above found and
Set forth And it is further ordered that the Sheriff of St. Clair
County Mo. Proceed to sell said real estate according to law
requiring one fifth of the purchase money to be paid down and giving
a credit of Twelve months upon the remainder And it is further
ordered that Waldo P. Johnson and William A. McClain be allowed the
sum of Twenty Dollars as an attorneys fee in this case to be taxed
and paid as other costs. And the opinion of the court in accordance
herewith is filed herein.
John L. King – Plff
vs
Richard Thompson, Elizabeth Thompson, Surrilda Thompson, Malissa E.
Duckworth & William R. Duckworth – Defts
Petition for Partition
Now at this day comes the said Plaintiff by his attorney and
suggests to the court that the said defendants Elizabeth Thompson,
Surrilda Thompson, Malissa E. Duckworth and William R. Duckworth are
minors under the age of Twenty one years whereupon It is ordered by
the court that Waldo P. Johnson be and
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November Term 1856
he is by the court appointed Guardian Adlitem for Said Minor
defendants and the said Waldo P. Johnson being in court here
consents to act as Guardian Adltem for said minor defendants in this
cause.
James C. Hinkle, Elizabeth Hinkle, Manville D. Hinkle, Francis
McGuire, Thomas McGuire, Robert L. Hopkins and Elizabeth Hopkins,
Abigail Hinkle and Elizabeth Hinkle – Plaintiffs
Against
Russel G. Cole and Emily Cole – Defendants
Civil action for admeasurement of Dower and partition and Sale of
real Estate
Now at this day again comes the plaintiffs by their attorney and the
said defendants though tree times solemnly called comes not but
makes default and it appearing to the court here by the affidavit of
the publisher of the South West Democrat a Newspaper published in
the City of Warsaw County of Benton State of Missouri that the order
of publication made by the Clerk of this court in vacation notifying
the defendants of this suit of the commencement thereof had been
duly published in said Newspaper for eight weeks Successively the
last insertion being more than four weeks before the first day of
the last term of this court and the cause being called for trial the
same was submitted to the court upon the petition of Plaintiffs and
evidence introduced by Plaintiffs and the petition having been read
and the evidence having been seen hard and fully understood by the
court here the court finds that William Hinkle late of St. Clair
county Missouri departed this life during the year 1855 Seized and
possessed of the following described lands situated in St. Clair
county Missouri to wit The South West fractional quarter of Section
No. Six in Township No. 38 of Range No. 24 Containing Two hundred
and five acres and 12/100 of an acre Also the South East fractional
quarter of Section No. one in Township No. 38 of Range No. 25
Containing
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November Term 1856
one hundred seven acres and 67/100 of an acre the whole containing
Three hundred and twelve and 97/100 acre The court further finds
from the evidence that said William Hinkle Deceased left as his
legal heirs and representatives the following persons towit
Elizabeth Hinkle his widow who is entitled to dower in the lands
aforesaid to wit to one third of the aforesaid real estate for and
during her natural life The court further finds from the evidence
that the Said William Hinkle Dec’d at the time of his death left
Seven children to wit James C. Hinkle, Elijah, Manville D., Frances
(who has intermarried with Robert L. Hopkins), Abigail, and Emily
(who has intermarried with Russel G. Cole) and that each of said
Seven children to wit: James C. Hinkle, Elijah Hinkle, Manville D.
Hinkle, Frances McGuire, Elizabeth Hopkins, Abigail Hinkle and Emily
Cole are each entitled to one undivided Seventh part of the
aforesaid real estate Subject to the widows dower aforesaid In
consideration of the premises it is ordered adjudged and decreed by
the court that Elizabeth Hinkle widow as aforesaid as her dower in
the real estate aforesaid Shall be seized and possessed for and
during her natural life of one third of the real estate aforesaid
and that partition be made of the Said real estate Subject to the
Dower aforesaid among and between the parties entitled thereto
according to their respective rights and interests as above found
and set forth in this Judgment And it is further ordered that John
T. McClain, William C. Douglass and George R. Elliott be and are
hereby appointed Commissioners to admeasure and assign dower to the
widow in Said real estate and to make partition of the aforesaid
real estate among and between the parties entitled thereto as found
and Set forth in this Judgment and that they make a report of their
proceedings to this court and It is further ordered that W.A.
McClain and Waldo P. Johnson be allowed the sum of thirty Dollars as
an Attorneys fee to be taxed and paid as other costs And the opinion
of the court in accordance here with is filed herein.
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November Term 1856
State of Missouri
vs
Marcellus J. Harris
Indictment for Murder
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
Marcellus J. Harris in his own proper person and by attorney and the
Jury Sworn on Wednesday last to try the Issue in this cause Joined
returned into court here in the custody of the Sheriff and after
hearing the remainder of the evidence in this Cause returned in to
court the following verdict To wit “We the Jury upon our oath find
the defendant Not guilty in manner and form as charged in the
Indictment. Jonathan Culbertson Foreman” It is therefore considered
and ordered by the court that the said defendant be acquitted and
from his recognizance discharged and that he go hence thereof
without day.
Mary Ann Austin – Plff
vs
Samuel Austin – Deft
Now at this day comes into court here William A. McClain attorney
for said Plaintiff And on his motion It is ordered by the Court that
this Suit be dismissed at the said Plaintiffs costs It is therefore
considered by the court that the said Defendant recover against the
said Plaintiff his costs and charges in this behalf laid out and
expended and that execution Issue therefor.
Albert Sheldon and Eliza Sheldon, Albert G. Gardner, Sarah Gardner
and Eliza Gardner by her Guardian Sarah Gardner – Plaintiffs
against
William Gardner and Thomas J. Gardner – Defendants
Civil Action for Assignment of Dower and partition and sale of real
Estate and Slaves
Now at this day again comes the plaintiffs and the defendants though
three times solemnly called comes not but makes default and it
appearing to the court here by the affidavit of the publisher of the
Weekly Democratic Lancet a newspaper published weekly in the City of
Springfield county of Greene State of Missouri that the order of
Publication made
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November Term 1856
by the clerk of this court in vacation notifying the defendants to
this Suit of the commencement thereof, had been duly published in
Said weekly newspaper for eight weeks successively the last
insertion being more than four weeks before the first day of the
last term of this court and the cause being called for trial the
same was Submitted to the court upon the petition of plaintiffs And
evidence introduced by plaintiffs And the petition having been read
and the evidence seen heard and fully understood by the court here
the court finds that James Gardner departed this life in St. Clair
County Missouri during the year 1855 Seized in fee of the following
described real Estate Situated in the county of St. Clair in the
State of Missouri to wit; The North West quarter of Section No. 8 in
Township No. 38 of Range No. 24 containing 160 acres also the East
half of the North East quarter of Section No. 7 in Township No. 38
of Range No. 24 containing 80 acres all making 240 acres also owned
at the time of his death Eight Slaves To wit Luke, James, Vine,
Mary, Patsy, Frances, Ermine and A.J. the court further finds from
the evidence that said James Gardner did at the time of his death
left his legal heirs and representatives the following persons to
wit Sarah Gardner his widow who is entitled to dower in the real
Estate and Slaves aforesaid to wit to one third in value of said
real estate and Slaves for and during her natural life. The court
further finds from the evidence that the said James Gardner did at
the time of his death left three Sons to wit Albert G. Gardner,
William Gardner and Thomas J. Gardner one daughter to wit Eliza
intermarried with Albert Sheldon and one Grand daughter to wit Eliza
Gardner making five persons interested in his Estate each of whom
are entitled to one undivided fifth part of the real Estate and
Slaves aforesaid In consideration of the premises It is ordered and
adjudged and decreed by the court here that Sarah Gardner widow as
her Dower in the real estate and slaves aforesaid Shall be seized
and possessed for and during her natural life of one third in value
of the real estate and slaves aforesaid And that partition be made
of the said real Estate and Slaves Subject to the widows
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November Term 1856
dower aforesaid among and between the parties interested therein
according to their respective rights and interests as above found
and set forth in this Judgment and it is further ordered that John
T. McClain, William C. Douglass and George R. Elliott be and are
hereby appointed commissioners to admeasure and assign dower to the
widow the aforesaid real estate and Slaves and to make partition of
the aforesaid real Estate and salves among and between the parties
entitled thereto as found and Set forth in this Judgment and that
they make full report of their proceedings to this court And it is
further ordered that Waldo P. Johnson be allowed Forty five Dollars
as an attorneys fee in this case to be taxed and paid as other costs
And the Opinion of the court in accordance herewith is filed herein.
Ordered that court adjourn until tomorrow Morning 8 oclock. De Witt
C. Ballou Circuit Judge
Saturday morning November 8th 1856 Court met pursuant to adjournment
Present as on yesterday.
State of Missouri
vs
Elcanah Cain & ____ Hicks
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 said Indictment against the Said ____ Hicks and on his
motion It is ordered by the court that Said cause be dismissed as
against the Said Hicks and that he go hence thereof without day.
It is ordered by the court that when court adjourns on this day that
It adjourn until Monday the 8th day of December next at which time
It is by
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November Term 1856
the court ordered that a Special Adjourned Session of this court be
held in continuation of this present term And that all business not
otherwise disposed of when court adjourns today be continued until
Said adjourned Session of this court.
And the Grand Jury returned here into court and by their foreman
presented to the court the following bill of Indictment To wit
one against Joseph Moss for Selling liqor without license a true
bill No. one
one against Joseph Moss for Selling liqor without license a true
bill No. Three
one against Joseph Moss for Selling liqor without license a true
bill No. four
One against Joseph Moss for Selling liqor without license a true
bill No. five
One against Daniel Todd for Selling liqor without license a true
bill No. 1
One against Daniel Todd for Selling liqor without license a true
Bill No. 2
One against Mikkel Gash, Benjamin Copenhaver, Anderson McDaniel for
running horses upon the high way a true Bill
One against Samuel B. Shryer for behaving on Sunday a true bill
One against Hannibal Ross for Selling liqor without license a true
bill
One against [space] for maiming wounding & a true Bill
One against [space] for an assault with intent to Kill a true Bill
and having no further business before them were hereby were by the
court discharged.
It is ordered by the court that capias writs Issue on all
Indictments also found at this term of this court directed to the
Sheriff of the proper County returnable to the next regular term of
this court.
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November Term 1856
John L. King – Plaintiff
against
Richard Thompson, Elizabeth Thompson Jr., Surrilda Thompson, Malissa
E. Duckworth and William R. Duckworth – Defendants
Civil action for partition and Sale of real Estate
Now at this day comes the plaintiff by his attorney and the
Defendants though three times Solemnly called comes not but makes
default and it appearing to the Court here from the return of the
Sheriff of St. Clair County Missouri that Richard Thompson,
Elizabeth Thompson Jr. and Surrilda Thompson three of the above
named Defendants have been duly served with process in this case
more than 20 days before the first day of this Term of this court
and it appearing to the Court here from the return of the Sheriff of
Dallas County Missouri that Malissa E. Duckworth and William R.
Duckworth the other Two Defendants to this Suit have been duly
Served with process in this Case more than twenty days before the
first day of this term of this Court and it being Suggested to the
Court here that the Defendants Elizabeth Thompson Jr., Surrilda
Thompson, Mallissa E. Duckworth and William R. Duckworth are minors
under the age of twenty one years without lawful Guardians and
therefore the Court here appoint Waldo P. Johnson Guardian ad litem
of said for said infant defendants aforesaid and the Said Waldo P.
Johnson being in court Consents to act as Such guardian and files
the answer of Said infant Defendants to Said petition and the cause
being called for trial the Same is Submitted to the Court upon the
petition answers and evidence Submitted in this Cause and the
petition and answers being read out the evidence being seen and
heard and fully understood the Court doth find that Some time in the
year 1850 Renus Thompson departed this life in St. Clair County
Missouri Seized and possessed of the following real Estate to wit
“The North East quarter of Section No. Thirteen in Township No.
Thirty six and Range No. Twenty five west containing 160 acres
Situated in Said St. Clair County Missouri The Court
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November Term 1856
doth further find that said Renus Thompson at the time of his death
left as his heirs and legal representatives the following named
persons to wit Elizabeth Thompson Sr. his widow who is entitled for
and during her natural life to one third of the real Estate and also
the following named children to wit Abraham Thompson, Hesekiah
Thompson Sr., Richard Thompson, Surilda Thompson, Elizabeth Thompson
and Martha J. Duckworth who has intermarried with Robert Duckworth
each of whom at the time of Said death of Said Renus Thompson are
entitled to one undivided Sixth part of Said real Estate Subject to
the widows Dower aforesaid that since the death of Said Renus
Thompson dec’d Martha J. Duckworth has departed this life leaving
these children to wit Malissa E. Duckworth and William R. Duckworth
who are entitled to the Share of their deceased Mother and each are
entitled to one undivided twelfth part of said real Estate aforesaid
Subject to the widows Dower aforesaid The Court further finds that
Abraham Thompson and Hesekiah Thompson have by deeds Conveyed to
Plaintiff John L. King their interest in the aforesaid land and that
by virtue of said deed of Conveyance Said John L. King is now the
legal owner of one third of the aforesaid land subject to the widows
Dower aforesaid The Court also finds that the Said Elizabeth
Thompson Sr. widow of Renus Thompson has by deed Conveyed to
plaintiff her dower interest in the land aforesaid and the Court
doth find that from the nature and amount of Said real estate Sought
to be divided and from the numbers of said owners That partition
thereof in Kind cannot be made without great prejudice to Said
owners In Consideration of the premises the court here doth order
adjudge and decree that Said Elizabeth Thompson Sr. be ordered for
and during her natural life with one third of the value of said
premises and that Said John L. King having purchased of said widow
her dower interest that he hold and enjoy the Same during the
natural life of said Elizabeth Thompson widow as aforesaid and that
Said real Estate be divided and partitioned among and between the
parties to this proceeding according to their respective rights and
interests as above found and Set forth Subject to the widows
interest aforesaid and the Said John L. King to whom the aforesaid
widow conveyed her dower interest having elected to take a Certain
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November Term 1856
Sum absolutely and to relinquish said dower interest in Said real
Estate forever the Court here from the evidence doth find that the
value of Said Dower interest is worth the sum of Two hundred Dollars
and that the Same Should be paid to Said John L. King in lieu of the
Dower for said part of the proceeds of Said real Estate Therefore
the Court doth order that the Sheriff of the County of St. Clair
Sell the whole of Said real Estate according to law to the highest
bidder for cash in hand. And out of the proceeds of Said Sale to pay
the costs and expenses of this Suit amounting the Sum of Twenty
Dollars to W.A. McClain attorney at law for his services in this
case, and also to pay to John L. King the Sum of two hundred Dollars
on account of the Dower interest aforesaid Then the remainder to be
paid out to wit as follows to wit to John L. King one third of Said
remainder to Richard Thompson, Elizabeth Thompson Jr. and Sarilda
Thompson each one sixth of Said remainder and to Malissa E.
Duckworth and William R. Duckworth each one twelfth of the remainder
of the proceeds of the real Estate aforesaid And the opinion of the
court in accordance herewith is filed herein.
State of Missouri
vs
Richard J. Drake
on recognizance from assault with intent to Kill
The grand Jury for St. Clair county Missouri At this term of this
court having dismissed the said cause And decided that the county of
St. Clair should pay the costs of the said proceedings It is
therefore considered and ordered by the court that the said
Defendant Richard J. Drake be acquitted and from his said
recognizance discharged and that he go hence thereof without day.
Ordered that court adjourn until Monday the 8th day of December
next.
De Witt C. Ballou Circuit Judge
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