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St. Clair County Circuit Court
Microfilm Transcripts
OCTOBER TERM 1846
Page 53:
October Term AD 1846
At a Circuit Court Commenced and held at the courthouse in the Town
of Osceola in St. Clair County Missouri on Monday the 12th day of
October AD 1846 – Present Foster P. Wright – Circuit Judge
Chas P. Bullock – Clerk
Zachariah Lilley Sheriff
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
Joseph W. Cox adm’r of the estate of William McClannahan dec’d –
plff
Vs
Sarah E. McClannahan – Deft
Petition for admeasurement of dower
Now at this day comes the Complainant by his attorney as well as the
said defendant by her attorney, and the Said defendant by her
attorney waiving all irregularity Says She Cannot deny but admits
all the charges And Allegations in Said petition are true –
Whereupon the Court do appoint Jacob A. Browning, William C.
Douglass and Thomas F. Wright Commissioners to assign to the said
defendant her dower in the real estate in Said petition mentioned,
And the Said Commissioners being first Severally Sworn return here
into Court the following report “We the Commissioners appointed to
lay off the Dower of Sarah E. McClannahan report that we do not
think the law Susceptible of division without material Injury – Wm
C. Douglass, A.J. Browning, Thomas F. Wright
John F. Weidemeyer – Complt
Vs
William Moore – Deft
Petition to foreclose mortgage
Now at this day Comes the Said Complainant by his attorney And upon
his motion it is ordered that this Cause be dismissed at his Costs.
Ordered that Court adjourn untill Tomorrow morning 9 Oclock. F.P.
Wright cir judge
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October Term AD 1846
Wednesday morning 9 Oclock Court met pursuant to Adjournment
Present as on Yesterday
Joseph W. Cox adm’r of the estate of William M. McClannahan dec’d –
Complt
vs
Sarah E. McClannahan – Deft
Petition for admeasurement of Dower
Now at this day again comes the parties by their attorneys And both
parties being ready for trial. Comes a Jury To Wit Clifton Browning,
Henry Reese, Daniel Cline, David A. Bunch, Robert Anderson, John
Bedell, Urial L. Sutherland, Wm. H. Scoby, John T. McClain, John S.
McConnell and Andrew Foust 11 good and Lawful men agreed upon as a
sufficient Jury by the parties – after hearing the evidence returned
into Court the following Verdict – “We the Jury find the Yearly
Value of the dower to be Twenty Dollars and assess damages due the
Widow S.E. McClannahan at Sixty Dollars” – Thereupon it is ordered
adjudged and decreed that the said Sarah E. McClannahan take for her
dower in the real estate of the said deceased annually the sum of
Twenty Dollars, And it is further ordered adjudged and decreed that
the said Sarah E. McClannahan widow as aforesaid recover against the
said plaintiff the sum of Sixty Dollars for her damages it being the
per annum value of her dower in the lands of said petitioned
mentioned due at this time And it is further considered that the
said Defendant recover of the said plaintiff her Costs and charges
in this behalf laid out and Expended.
Robert Anderson & Theodrick Snuffer – plffs
vs
Robert H. Sproull adm’r of the Estate of John Smarr deceased – Deft
Petition to foreclose mortgage
Now at this day comes the plaintiffs by their attorney and the Said
Defendants being Solemnly called Comes not but makes default –
Whereupon the said action remains against the said Defendant herein
remains undefended And whereas it is suggested proved And Manifestly
appears to the Court here that the Said plaintiffs ought to recover
against the said defendants for their debt the sum of Eighty Six
Dollars and for their Damages the sum of Twenty seven Dollars and
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October Term AD 1846
Twenty three Cents, Therefore it is Considered by the court that the
Said plaintiffs recover against the Said Defendant as administrator
as aforesaid the aforesaid Sum of Eighty Six Dollars for their debt
also the sum of Twenty Seven Dollars and twenty three Cents for
their damages so assessed as aforesaid, together with their Costs
and charges in this behalf laid out and Expended And that they have
thereof their writ of Execution – And it is further ordered that the
Said Execution be levied and made of the following real estate in
the petition mentioned, To wit. The South east fractional quarter of
Section No. 5 in Township No. 37 of range No. 27 North of the Osage
River and in the County of St. Clair.
James Ditty – plff
vs
Milly Ditty, James Ditty, Abraham Ditty, Joseph Ditty and Harrison
Ditty – Defts
Bill in Chancery
Now at this day comes the complainant by his solicitor and Milly
Ditty by her solicitor and upon suggestion to the Court that James
Ditty, Abraham Ditty, Joseph Ditty and Harrison Ditty are infant
defendants, it is ordered by the Court that Richard A. Boughan be
Appointed Guardian Ad Litem for said infant defendants, who coming
into Court and accepts said Appointment – Whereas the said Milly
Ditty, files herein her answer to said Complainants Bill and says
she cannot deny, but admits that the statements and allegations in
said complainants bill are true and joins in the prayer of said
complainant, and the said James Ditty, Abraham Ditty, Joseph Ditty
and Harrison Ditty by Richard A. Boughan their Guardian files herein
their answer to said complainants bill answering the statements and
allegations in said Bill assessed; and both parties being ready for
trial this cause comes on for final hearing – Whereupon it appearing
to the Chancellor from the Evidence in this cause that in the year
1843 one John F. Ditty entered a certain part of Land at the Land
office in Clinton Henry County Missouri To Wit: The East
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October Term 1846
half of the North West quarter of Section No. Thirty five in
Township No. Thirty nine of Range No. Twenty Eight lying in the
County of St. Clair State of Missouri, Containing Eighty Acres, for
which One Hundred Dollars was paid; and that on entering and
purchase of said tract of Land the Complainant James Ditty
Contributed one half of the purchase money, and that it was agreed
and understood between said John F. Ditty and the complainant that
said Complainant should have the South End and half of said Eighty
Acre tract of Land; and it appearing to the Chancellor that said
John F. Ditty died in the year 1845 without conveying to said
complainant as agreed upon, his share of said Land, and that said
John F. Ditty died with the Title to the whole Eighty Acre tract in
___: Therefore it is ordered adjudged and decreed by the Chancellor
that the said tract of Land be equally divided and that the
complainant take his half as agreed upon between him and said John
F. Ditty in his lifetime; To Wit: The South End of the East half of
the North West quarter of Section No. Thirty five in Township No.
Thirty Nine of Range NO. Twenty Eight and that Charles P. Bullock be
appointed commissioner to convey unto the said complainant all the
right title and interest of the said Milly Ditty, widow of the said
John F. Ditty, and James Ditty, Abraham Ditty, Joseph Ditty, and
Harrison Ditty infant heirs of said John F. Ditty deceased in and to
the South End of the aforementioned Eighty Acre Tract of Land.
Ordered that court adjourn untill Court in Cause. F.P. Wright Cir
Judge
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