|
St. Clair County Circuit Court
Microfilm Transcripts
SEPTEMBER TERM 1844
Page 40:
September Term AD 1844
At a Circuit Court Commenced and held at the Courthouse in the Town
of Osceola in St. Clair County Missouri on Monday the 30th day of
September AD 1844
Present Foster P. Wright Circuit Judge
Chas P. Bullock, Clerk
John L. Trabern Shff
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
Pleasant M. Cox adm’r of the estate of Richard P. Crutchfield dec’d
– Compl’t
vs
Philips Crow & Henry W. Crow – Defts
Bill in Chancery
Now at this day Comes Wayman Crow by his attorney And by leave of
the Court files herein his petition alledging among other things
that Execution had issued in the above Cause against the defendant
Philips Crow and that the same was levied upon the North west
fraction of Section No. 20 in Township No. 38 in range No.2 5 North
of the Osage River – That he had became the purchaser thereof at and
for the sum of One Hundred And fifty dollars and that he had paid
the purchase Money to one Zachariah Lilley deputy of John Smarr
Sheriff of Said County that the aforesaid John Smarr has Expired And
that the said Sheriff has not Executed to the same Wayman Crow a
deed for the above described lands and praying on order of this
Court requiring the John L. Trabern the sheriff of St. Clair County
to Convey by deed the aforesaid described land by deed to the said
Wayman Crow. Whereupon the Court after hearing the evidence and
mature deliberation thereon had do order that John L. Trabern the
Sherif of St. Clair County do Convey by deed to the Said Wayman Crow
all the right title interest Claim of the said Philips Crow to the
North West Fraction of Section No. 20 in Township No. 38 in range
No. 25 North of the Osage River.
Page 41:
September Term AD 1844
William H. Clark – Compt
vs
John F. Weidemey adm’r of the estate of Robert Marable deceased &
Hugh Galbreath – Defts
Bill & injunction
Now at this day Comes the parties by their attorneys and the motion
filed in this Cause being to dismiss the injunction in this Cause
being argued and by the Court fully heard and understood, is by the
Court Overruled, whereupon the Defendant John F. Weidemeyer files
herein his answer to the said Complainants Bill, and upon motion of
the Complainant leave is given him to file his general replication
in Vacation, And this Cause is ordered to be set for trial on the
2nd day of the next term of this Court untill which time this cause
is Ordered to be Continued.
William Moore & Ernest Laney – Plffs
vs
Abner C. Tyne – Deft
Petition to foreclose a mortgage
Now at this day Comes the Defendant by his attorney and by leave of
the Court files herein his plea of Non est factum.
Avery B. Howard
vs
Alborn D. Abston
Petition to foreclose a mortgage
Now at this Day Comes J.A. Williams who interpleads in this Cause
and is made a defendant to the plaintiffs petition And files herein
his pleas And notice of the evidence he will rely upon in the trial
of this Cause Whereupon the said plaintiff moves the Court to strike
out the second plea of the said Defendant Williams by him above
pleaded which motion being duefully heard And understood by the
Court is Sustained.
Josiah Culbertson – Plff
vs
Daniel Brant – Deft
Petition to foreclose a mortgage
Now at this day Comes the said plaintiff by his attorney as well as
the said Defendant in his own proper person, And the said plaintiff
by his attorney files herein his petition – And the said Defendant
Says he Cannot deny but that he owes to the said plaintiff the Sum
of Six Hundred and
Page 42:
September Term AD 1844
Dollars for his debt as well as the further Sum of Two hundred and
Twenty six Dollars and ninety One Cents for his damages by way of
interest – Therefore it is Considered by the Court that the said
Plaintiff recover of the said Defendant the Sum of Six Hundred and
Twenty seven Dollars for his debt and two Hundred and Twenty Six
Dollars And ninety One Cents for his damages So Confessed as
aforesaid Together with his Costs and Charges in this behalf laid
out and Expended – And it is further ordered adjudged And decreed by
the Court that the south East quarter of section No. 25 in Township
No. Thirty Seven of Range No. 26 West Containing one hundred and
sixty acres of land, And the North East quarter of section No. 36 in
Township No. 37 of Range No. 26 west the property in the said
Mortgage mentioned be levied on and sold to satisfy the same And it
is further Ordered that if the above described real Estate shall be
insufficient to satisfy the debt Damages and Costs then the residue
to be levied of other goods And Chattles lands and Tenements of the
said Defendant – And by Consent of the parties it is further ordered
that the Execution shall not issue in this Cause for the term of One
Year.
Philips Crow & Henry W. Crow – Complts
vs
Lelia V. Crutchfield – Deft
Bill for partition of lands
On Motion to Correct Error in Sheriffs deed to Pleasant M. Cox –
Now at this day Comes on said motion to be heard And the Court after
having Examined the Exhibits and hearing the evidence on Said Motion
and being fully satisfied that Said block No. 10 (Except a Small
portion thereof) was not Ordered to be Sold by the decree of this
Court – nor was the Same So Sold, and that said fractional block was
in Block No. 8 And were actually sold by the Sheriff who is now
deceased, as situated in Block No. 8 and that the word and figures
“10 Ten” were inserted by mistake It is thereupon Ordered Adjudged
And decreed that the present Sheriff John L. Trabern be permitted to
Correct Said Error in said Original deed, And that the Clerk of this
Court be permitted to correct said error in the record.
Page 43:
September Term 1844
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
Daniel Waldo – Plff
vs
John Gouch – Deft
Petition to foreclose Mortgage
Now at this day comes Jacob Counce here into Court and by leave of
the Court files herein his petition alledging among other things,
that an Execution was issued out of clerks office of the St. Clair
Circuit Court on the 28th day of September 1841 in favor of the
plaintiff in the above Cause that said Execution Came to the hands
of John Smarr sheriff of St. Clair County on the 2nd day of October
1841 that said Smarr did levy said Execution on the N.E. quarter of
the South East quarter of Section No. 20 in Township No. 37 in Range
No. 25 Containing forty acres, that the said sheriff after duly
advertising did at the fall Term of this Court 1841 sell during the
setting of the Court the above described tract of land to the
highest bidder and that the said Jacob Counce became the purchaser
at the price of Seventy Dollars and that he paid the purchase money
to the said Smarr and that the said John Smarr failed to make And to
deliver to him a good and Sufficient deed according to Law – And
praying the Court to make an Order authorizing and signing the
present sheriff to make and deliver a deed to said tract of land to
the said Jacob Counce – Whereupon the Court after hearing the
Evidence and being fully advise, and mature deliberation thereon had
– do Order that John L. Trabern the present Sheriff be authorized to
Execute and deliver to the said Jacob Counce a good and sufficient
deed to the aforesaid described tract of land Conveying all the
right title and Claim of the said John Gouch thereto.
Joseph W. Cox – Complt
vs
Pleasant M. Cox adm’r of the estate of Richard P. Crutchfield
deceased & Philips Crow & Henry W. Crow – Defts
Bill in Chancery to Correct mistake in a Deed
Now at this day Comes
Page 44:
September Term 1844
the parties by parties by their Solicitors, And the complainant by
his solicitor files herein his Bill and the Defendants by their
solicitor files herein their Answer to the Complainants bill and
admits that the Charges and representations in the Complainants Bill
are true Therefore it is ordered adjudged and decreed that the deed
in said Bill mentioned be Corrected by erasing the words Twenty five
after the word Block and inserting the words Twenty four And it is
further ordered that William J. Mays be appointed Commissioner to
make the Correction in said deed – Whereupon Wm. J. Mays
Commissioner as aforesaid files herein his report which is in the
words and figures following To wit “Wm. J. Mays Commissioner
appointed by the St. Clair Court in pursuance to the decree of said
Court in the Case of Jos. W. Cox vs P.M. Cox Adm’r of the Estate of
R.P. Crutchfield dec’d, Henry W. Crow, Philips Crow begs leave to
submit to the Court the deed Altered by him under the order of said
Court in this that the word Block No. 25 has been Changed and
altered to Block No. 24 Which report is by the Court recorded and
ordered to be filed.
Ordered that Court adjourn untill Court in Course. F.P. Wright
Page 45a (insert):
September Term 1844
Wm. Moore & Ernest Larney
vs
Abner C. Tyree
Petition to foreclose Mortgage
Now at this day comes the plaintiffs by their Attorney and the
Defendant though Solemnly Called Comes not but makes Default,
whereupon the plaintiffs pray Judgment for their debts and damages
and that the Mortgage premises in said petition mentioned be sold to
Satisfy the same, and whereas it is Suggested proved and Manifestly
appears to the Court here that the said plaintiffs ought to recover
of the said defendant Viz the said plff Moore the sum of One Hundred
Dollars for his debt And the sum of Eighteen dollars and Twenty five
cents for his Damages and the said plff Lany the sum of forty
Dollars for his debt and five Dollars & fifty three Cents for his
Damages Therefore it is considered by the Court that the said
plaintiffs respectively recover of the said Defendant the Debt &
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 Adjudged
and decreed that the Execution be levied of the 6th part of lot No.
12 in the Corner of the ally and market Street in block No. 4 to
satisfy the debts damages and costs aforesaid and it is further
ordered that if the said property shall be insufficient to pay the
debts damages and costs aforesaid then to be levied of other goods
and Chattles lands and tenements of the said defendants to satisfy
the residue.
Page 46a (insert):
September Term 1844
The Judgment on this page of pre cap was Overlooked in making up the
record and is attached there being no room for it in the Book.
March Ten 1845
Att C.P. Bullock clk
|
