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St. Clair County Circuit Court
Microfilm Transcripts
SEPTEMBER TERM 1857
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September Term 1857
At a circuit court begun and held at the Court house in the Town of
Osceola within and for the County of St. Clair and State of Missouri
on Monday the 7th day of September AD 1857
Present De Witt C. Ballou Judge
James W. Beck Clerk
Daniel P. Morgan Shff
Thomas W. Freeman Cir atty
The Sheriff of St. Clair County returns into Court here the list of
Jurors by him Summoned to this Term of this Court as follows To wit:
From Monigan Township. Baldwin Dade, John Locke Sen’r, Adam Huffman,
Andrew Matthews, Martin D. Turner, Josephus Winchester and Ellis
Burts.
From Speedwell Township: James Anderson, Preston Gordon, Thomas M.
Lessly, Moses Preston, Uriah L. Sutherland, Snowden T. Morris &
Ervin Thomas.
From Washington Township: William D. Allen, Jonathan Culbertson,
William Dudley, Joseph D. Dear, Burgess Hart, Casper M. Keller,
Willis Phillips & Jacob W. Roll.
From Polk Township: Robert S. Boswell, James Dudley, James M.
Delozier, William H. Murphy and George W. Yeater.
From Jackson Township: Benjamin Brown, William Commons, Richard
Garrison & William Harsh.
From Osceola Township: Alexander B. Robinson, Oliver H.P.
Culbertson, Reuben Vaughan, James Addington, Harman Hubbard, Joseph
W. Cox, Clifton G. Browning, Gabriel P. Nash and John H. Parks.
Whereupon the Clerk of this court in presence of the Court proceeded
to Call Out for the Names of persons to compose the Grand Jury and
from which it appeared that the following named were Severally drawn
To wit
From Speedwell Township Uriah L. Sutherland (who and by the court
appointed foreman) and Moses Preston & Snowden T. Morris; From
Osceola Township: Clifton G. Browning, Joseph W. Cox & Hammond
Hubbard, From Monigan Township Martin D. Turner, Josephus Winchester
& Anderson Mathews
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September Term 1857
From Jackson Township: Benjamin Brown & William Commons.
From Washington Township: William Dudley, Willis Phillips and
Burgess Hurt.
From Polk Township: George W. Yeater & William M. Murphey:
Sixteen Good & lawful men who were duly Sworn and empanelled as a
grand inquest for the State of Missouri to inquire within and for
the body of the County of St. Clair who after receiving their Charge
from the Court retired to Consider of their presentments and
Judgments.
For good and Sufficient Cause Shown to the Court It is ordered by
the Court that James Anderson & William D. Allen be excused from
Serving as Jurors at this term of this Court.
State of Missouri
vs
Vincent Wyatt
Indictment for Sabbath breaking
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said Defendant
Vincent Wyatt in his own proper person and for his Plea in this
behalf the Said Defendant 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 one dollar against said Defendant
It is therefore considered by the Court that the said State of
Missouri have and recover against the said defendant the Said Sum of
One Dollar so assessed by the court as aforesaid for her fine
together with her costs in this behalf laid out and expended And
that execution Issue therefor and that Said defendant render himself
in Execution therefor.
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September Term 1857
State of Missouri
vs
Thomas Chilton
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
Thomas Chilton in his own proper person and by attorney And the Said
Defendant by his attorney presents to the court and files herein his
motion and moves the court to quash said Indictment which said
motion having been seen heard and fully understood by the court here
is by the court Sustained whereupon the said circuit attorney
excepts to the decision of the court in Sustaining Said motion and
presents to the court his Bill of exceptions and prays an appeal to
the Supreme court which said Bill of exceptions is by the Judge of
this court signed sealed and ordered to be filed and made a part of
the Record in this Cause And said appeal is by the court here
granted to the Supreme court of the State of Missouri.
State of Missousri
vs
Albert Woodfin
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
Albert Woodfin in his own proper person and for his plea in this
behalf the said defendant 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 Ten Dollars against Said defendant It is therefore
considered by the court that the said State of Missouri have and
recover against said defendant the Said Sum of Ten Dollars for her
fine So assessed by the court as aforesaid together with her costs
in this
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September Term 1857
behalf laid out and expended and that execution Issue therefor and
that Said defendant render himself in execution therefor.
State of Missouri
vs
Thomas Coulthard
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
Thomas Coulthard in his own proper person And the said defendant 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 Ten Dollars against Said defendant It is therefore
considered by the court that the said State of Missouri have and
recover against Said defendant the said Sum of Ten Dollars for her
fine so assessed by the court as aforesaid together with her costs
in this behalf laid out and expended and that execution Issue
therefor And that Said defendant render himself in execution
therefor.
Scynthia Hook
vs
John R. White
Civil action
Now at this day comes into court here the Said defendant by his
attorney and by leave of the court files herein his answer to Said
plaintiffs petition and also his motion to rule said plaintiff to
security for costs in this cause.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Circuit Judge
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September Term 1857
Tuesday morning September 8th l857 court met pursuant to adjournment
Present as on yesterday.
Upon Satisfactory evidence to the court here produced that Casper M.
Keller and William Harris and James Locke three of the persons
Summoned by the Sheriff of St. Clair county to this term of this
court are Sick and unable to attend. It is ordered by the court that
they be excused for failing to appear.
It is ordered by the court that Jacob W. Roe be required to appear
at the next term of this court and Show cause if any he have for
failing to appear as Juror at this term of this court after being
duly Summoned for that purpose by the Sheriff of St. Clair county
Missouri.
State of Missouri
vs
John T. Barlow
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
his attorney Waldo P. Johnson and for his plea in this behalf the
Said defendant by his attorney 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 Ten dollars against said Defendant
It is therefore considered by the court here that the Said State of
Missouri have and recover against said Defendant the Said Sum of ten
Dollars so assessed by the court for her fine as aforesaid together
with her Costs in this behalf laid out and expended And that
Execution Issue therefore And
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September Term 1857
that the said defendant render himself in execution therefor.
It is ordered by the court that James Hurt attorney at law be
authorized to Sign the Roll of practising attorneys in this court.
State of Missouri – Plff
vs
John Piper, Jefferson Piper, James Pritchard, Harrison Good and
Doomas Elkins – Defts
Indictment for disturbing the peace of a family in the Night time
Now at this day comes the circuit court who prosecutes for the State
of Missouri in this behalf as well as the Said defendants in their
own proper persons respectively and by attorney And for their plea
in this behalf the said defendants say they are not Guilty in manner
and form as in said Indictments is charged against them and for
their trial puts themselves upon the country and the circuit
attorney for the State of Missouri doth the like And thereupon comes
a Jury To wit: James Dudley, Joseph D. Dear, James M. Delozier,
Abraham Vaughn, Robert S. Boswell, Richard Garrison, John H. Parks,
Baldwin Dade, Oliver H.P. Culbertson, Alexander B. Robinson, Preston
Gordon and Henry C. Douglass, Twelve good and lawful men Elected and
sworn to well and truly try the Issue in this cause Joined who after
hearing the evidence returned into court here the following verdict
To wit “We the Jury find the defendants guilty in manner and form as
charged in the indictment and assess a fine of one dollar against
each of said defendants. H.C. Douglass foreman” It is therefore
considered by the court here that the said State of Missouri have
and recover against each of said defendants the said sum of one
dollar each for her fine So assessed by the Jury as aforesaid
together with her costs in this behalf laid
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September Term 1857
And expended and that Execution Issue therefore and that the Said
defendants respectively render themselves in Execution therefor.
John T. McClain Adm’r of the Estate of John Clarkson Dec’d – Plff
vs
Wilson Y. Taylor – 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.
Martin McFerren – Plff
vs
Joseph C. Montgomery – Deft
Civil action
Now at this day comes the said defendant by his attorney and by
leave of the court files herein his motion to Suppress the
depositions of Sarah Lindley and Samuel Murry filed by said
Plaintiff in this cause.
State of Missouri – Plff
vs
James F. Sproull, Adam Coulthard, William Hodgson & Thomas Hodgson –
Deft
On attachment for failing to appear Upon Grand Jury in obedience
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendants in
their own proper persons and the Excuses of said defendants and
evidence being heard by the court. It is ordered by the court that
the said Defendant James F. Sproull be excused for said failure and
that he be acquitted and discharged and that his Father Robert H.
Sproull pay the costs of this proceeding against the said James F.
Sproull he being a minor under the age of 21 years and that a fine
of Five Dollars each be assessed against the said defendants Adam
Coulthard, Williams Hodgson and Thomas Hodgson. It is therefore
considered by the court
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September Term 1857
Here that the said State of Missouri have and recover against the
said Defendants Adam Coulthard, William Hodgson and Thomas Hodgson
the Said Sum of Five Dollars each respectively for her Fines So
assessed by the court as aforesaid and together with her costs in
this behalf laid out and expended and that Executions Issue therefor
and that said defendants respectively render themselves in execution
therefor.
Thomas C. Bradley – Plff
vs
Dabney A. Whitlow – Deft
Civil action
Now at this day comes the said parties by their attorneys And on
motion of said defendant It is ordered by the Court that this cause
be continued until the next term of this court at Said defendants
costs
It is therefore considered by the court here that the said plaintiff
have and recover against the said defendant his costs in this behalf
laid out and expended at and about this term of this court and that
Execution Issue therefor.
Elizabeth P. Reese & others – Plff
vs
Peter Brown & others – Defts
Civil action for title to real Estate
Now at this day comes Washington Dorrell next friend of John Offutt,
Susan Offutt, Mary Offutt and Catharine Wright minors under the age
of fourteen years and files herein the notice given to Henry Reese
with whom Said minors resided and acceptance by said Reese of said
Notice and also the petition of Andrew Offutt, Margaret Offutt and
Ruth Offutt minors over the age of fourteen years to have Washington
Dorrell appointed their next friend to act for all of Them in having
them made parties plaintiffs to this suit and in prosecuting the
same in their behalf and also the agreement by said Washington
Dorrell in writing to act as next
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September Term 1857
Friend for all of said parties as well as his petition to the court
to have said minors made parties plaintiffs And thereupon It is
ordered by the court that the proceedings be amended in this case so
as to make the minors aforesaid parties plaintiffs by Washington
Dorrell as their next friend and Upon leave of the court first had
and obtained the said plaintiff files here in their amended petition
in this cause.
John B. Brown – Plff
vs
John McDowell adm’r Debonis Non of the Estate of Henry Dent Dec’d –
Deft
Appeal from County Court
Now at this day comes the said parties by their attorneys and both
parties being ready for trial comes a Jury To wit James Addington,
Adam Huffman, Thomas H. Lessley, Gabriel P. Nash, Jonathan
Culbertson, Eli Boots, and Ervin Thomas Seven good and lawful men
Elected and agreed upon as a Sufficient Jury to try this cause who
having been & duly Sworn to well and truly try the Issue in this
cause Joined after hearing the evidence returned into court here the
following verdict To wit “We the Jury find for the Plaintiff fifty
Dollars and 65/100. G.P. Nash foreman”
It is therefore considered by the court that the said plaintiff have
and recover against the said Defendant as Administrator Debonis Non
of the Estate of the said Henry Dent Dec’d the said Sum of $50.65
cents so found by the Jury as aforesaid for his debt together with
his costs in this behalf Laid out and Expended
And It is ordered by the court here that the Same be certified to
the county court of St. Clair county Missouri.
Caleb R. Field – Plff
vs
Hugh B. Cole – Deft
Civil action
Now at this day comes the said
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September Term 1857
defendant by his attorney and by leave of the court files herein his
answer to said plaintiffs petition.
State of Missouri for the use of William R. Johnson & William Doak –
Plffs
vs
Thomas Copenhaver, Michael Copenhaver & William H. Trolinger adm’r
of the Estate of Joseph Montgomery Dec’d – Defts
Civil action
Now at this day comes the said parties by their attorneys and on
motion of said defendants by their attorney It is ordered by the
court that said defendants be granted leave to file their answer in
vacation ninety days before the first day of the next term of this
court.
William H. Trolinger Adm’r of the Estate of Joseph Montgomery Dec’d
vs
Robert H. Sproull
on Petition to foreclose Mortgage
Now at this day comes again here into court Said parties by their
attorneys and both parties being ready for trial by consent the same
was submitted to the court here (both parties waiving a trial by
Jury) upon the petition answer and proof and the same being heard
seen and fully understood by the court here and it appearing to the
court here that all the allegations in said plaintiffs petition are
admitted to be true except as to the amount due from said defendant
as alleged in said petition the court here doth find upon the issue
of payment that there still remains due and unpaid of the amount
paid laid out and expended by said Joseph Montgomery deceased in his
lifetime and for which the Mortgage due in Said plaintiffs petition
mentioned was executed to secure the payment thereof to the said
Montgomery deceased the Sum of Five hundred dollars And it further
appearing to the court here by the admissions in the pleadings as
well as the
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September Term 1857
Evidence that said defendant on the 26th day of January AD 1851
executed the mortgage deed to the said Joseph Montgomery Deceased on
lot No. Two in Block No. forty in the Town of Osceola in the county
of St. Clair in the State of Missouri to hold the said Montgomery
harmless and secure him in upon his being damaged in his
securityship as alleged in said plaintiffs Motion and that said
Mortgage deed was executed to Secure the payment of the said five
hundred dollars laid out and expended by the said Montgomery in his
life time and that the said Sum of Five hundred dollars So secured
by said Mortgage deed upon said premises remains Still due and
unpaid to the said plaintiff
Now in consideration of the premises the court here doth order
adjudge and decree that the said plaintiff have and recover of the
said defendant the Said Sum of five hundred dollars and his costs in
this behalf laid out and expended and that the Equity of exemptions
in Said Mortgage be foreclosed and that aid sum of five hundred
dollars and costs be levied of said lot No. two in Block No. forty
in Said Town of Osceola in the county of St. Clair and State of
Missouri and that the same be sold to Satisfy said amount due and
costs and if said Mortgaged property be not Sufficient to satisfy
said debt and costs that the residue be levied of other goods
chattels lands and tenements of the defendant and that execution
Issue therefor 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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September Term 1857
Wednesday morning September 29th 1857 court met pursuant to
adjournment present as on yesterday.
C.R. Love – Plff
vs
L.F. Willingham – Deft
Appeal from JP
Now at this day comes the said defendant by his attorney and on his
motion It is ordered by the court that Lewis Metcalf the Justice of
the peace before whom Said cause was tried be granted leave to amend
and perfect the Transcript made by him in this cause And thereupon
comes the Said Lewis Metcalf and makes his said correction to said
record.
State of Missouri
vs
James Coulthard
An attachment for failing to appear before the Grand Jury
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 upon the proving the evidence it is
ordered by the court that a Fine of Five Dollars be assessed against
said defendant for contempt of the premises of this court for not
appearing before the Grand Jury at the last term of this court after
being duly Summoned by the Judge of this court And it is therefore
ordered by the court that the said State of Missouri have and
recover against the said defendant the aforesaid sum of Five Dollars
so assessed as aforesaid in this behalf and that execution Issue
therefore And that said defendant render himself in execution
therefor.
James E. Bouldin
vs
Elbert Hurt Saunders
Civil Action To correct a mistake in conveyance of land
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September Term 1857
Now at this day comes the said plaintiff and the said defendant by
their respective attornies and their case being called for trial and
the same Coming on to be heard by the court upon the bill answers
Exhibits and proofs in the cause and no Jury being required by
either party to try any issue, but the Same is Submitted to the
Court and after hearing the Evidence the court doth find that Some
time prior to the year 1842 the Said plaintiff and defendant by an
agreement entered into by & between them Jointly entered at various
land offices of the United States in this State & acquired and
purchased large quantities of land lying in the State of Missouri in
the name and to the Equal benefit of plaintiff and defendant to be
held by them as tenants in common and that among which land so
Jointly purchased was lot No. 13 NE fractional qr of Section 1 in
Township 39 in Range 24 and that afterwards and on or about the
first day of January 1842 the said plaintiff purchased from
defendants and defendant Sold to plaintiff all defendants interest
in and to all and every part of the Said purchased as aforesaid in
consideration of the Issue of four thousand one hundred and Eighty
Nine dollars & fifty Seven Cents which plaintiff at the time he So
purchased defendants interest in Said lands paid to defendant &
defendant in Consideration of Said Sum of money agreed to Convey by
general warrantee deed all of his interest in all of Said land to
plaintiff and that defendant did then & there make Execute and
deliver to plaintiff a deed conveying his interest in and to all of
said lands to plaintiff Except the Said lot No. 12 NE fractional qr
of Section 1 in Township 39 in Range 24 being parcel of land which
the court finds from the evidence was So Sold with the residue of
Said land to plaintiff and in Said deed of conveyance for the said
residue was intended by both plaintiff and Deft to be included in
said deed but by mistake the said last mentioned tract of land
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September Term 1857
Was left out of said deed when in fact the Said tract Should have
been included in said deed and was intended to have been included in
said deed by Said parties aforesaid and the court further finds that
after the discovery of the said mistake it became and was the duty
of defendant to have conveyed to plaintiff his intent in said land
so left out by mistake but which he had failed to do that plaintiff
in good faith believing that said land has been fully conveyed to
him has made thereon lasting and very valuable improvements
wherefore the court is of the opinion that plaintiff is entitled to
have vested in him & in his heirs and assigns full title to said
lands So left out by mistake. It is therefore ordered adjudged and
decreed and the court here doth order adjudge and decree that all
the right title and interest of the said Robert Hale Saunders in or
to the Said lot No. 13 NE fractional quarter of Section 1 in
Township 39 in Range 24 be divested out of hands of the said Robert
H. Saunders and fully vested in him the Said James E. Bouldin to
have and to hold unto him the Said James E. Bouldin his heirs and
assigns for Ever together with all the privaliges thereto belonging
& it is further decreed that said plaintiff have and recover his
costs in this behalf laid out and expended & that Execution issue
therefore And the opinion of the court accordingly is filed herein.
Theoderick Snuffer – Plff
vs
Socrates B. Stone – Deft
Civil action
Now at this day comes the said parties by their attornies and both
parties being ready for trial comes a Jury To wit James Dudley, Adam
Huffman, Gabriel P. Nash, Baldwin Dade, James M. Delozier, Robert
Sprowell, Reuben Vaughn, Alexander B. Robinson, Richard
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September Term 1857
Garrison, Joseph D. Dear, Oliver H.P. Culbertson and Ervin Thomas
Twelve good and lawful men Elected and sworn to well and truly try
the Issue in this cause Joined who after hearing the evidence were
by the court adjourned until tomorrow morning 9 oclock under the
usual Charge of the court there not being Sufficient time to go
through with the case this evening.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Circuit Judge
Thursday morning September 10th 1857 court Met pursuant to
adjournment present as on yesterday.
Scynthia Hook – Plff
vs
John R. White – Deft
Civil Action
Now at this day comes again the said parties by their Attorneys and
the motion filed on Monday last by said Defendant to rule said
plaintiff to Security for costs in this cause Coming on for trial
and the said motion having been seen heard and fully understood by
the court here is by the court Sustained And It is ordered by the
court here that said Plaintiff be and she is by the court required
to Give Good and Sufficient security for all costs that have or may
accrue in this cause and to file the same in the office of the Clerk
of this court at least Ninety days before the first day of the next
term of this Court.
Martin McFerrin – Plff
vs
Joseph C. Montgomery – Deft
Civil action
Now at this day comes again
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September Term 1857
the said parties by their attorneys And the motion filed by said
defendant on Monday last to suppress the depositions of Sarah
Lindley and Samuel Murry filed by said plaintiff in this cause
coming on to be head and said motion having been seen heard and
fully understood by the court here is by the court here sustained
And It is considered and ordered by the Court that Said depositions
be suppressed And held for nought And thereupon both parties
announcing ready for trial comes a Jury To wit Thomas H. Lessley,
James Addington, Eli Boots, Preston Gordon, Adam Huffman, Richard
Garrison, Joseph D. Dear, Reuben Vaughn, Robert S. Boswell, Baldwin
Dade, Ervin Thomas, Alex’r B. Robinson and James Dudley – Twelve
good and lawful men elected and sworn to well and truly try the
Issue in this cause Joined and after the evidence on the part of the
said plaintiff was closed the said defendant asked leave to file an
additional answer pleading that the property in controversy belonged
to him Plaintiff objected but the court overruled said objections
and allowed defendant to file Said Answer upon the terms and
conditions that the said defendant pay all costs up to the time of
this amendment And that said defendant file his additional answer
sixty days before the first day of the next term of this court It is
therefore considered by the court here that said plaintiff have and
recover against the Said defendant his said costs in this behalf
laid out and expended not hereto adjudged against either party and
that execution Issue therefor And It is further ordered by the court
here that this cause be continued until the next term of this court.
William Ludwick – Plff
vs
Henry Loutsonhizer, George Klessinger & Maria Klessinger his wife –
Defts
Petition to correct deed and obtain title to real Estate
Now at this day comes the said Plaintiff
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September Term 1857
by his attorney and by leave of the court files herein his evidence
of the publication of the order made by the clerk of this court in
vacation requiring notice to be published notifying said defendant
of the commencement of this suit.
Theoderick Snuffer – Plff
vs
Socrates B. Stone – Deft
Civil action
Now at this day comes the said Parties by their attorneys And the
Jury summoned on yesterday to try the Issue in this cause returns
into court here the following verdict to wit “we the Jury find on
our oaths a verdict for the plaintiff and assess his damages at
Fifteen dollars and 25/100. Baldwin Dade foreman” It is therefore
considered by the Court that the said plaintiff have and recover
against the said Defendant the Said Sum of $15.25 cents for his
damages so assessed by the Jury as aforesaid together with his costs
in this behalf laid out and expended and that execution Issue
therefor.
Isabella King, Tellah J. Parks and John H. Parks, William W. King,
Robert S. King, Martha E. King and Wilson C.N. King – Plffs
vs
Lucy C. King, Louisa Paralee King, William Drury King And John
Wilson King – Defts
Civil Action for partition & sale of Slaves
Now at this day comes the said plaintiffs by their attorneys and by
leave of the court files herein the evidence of the publication of
the order made by the clerk of this court in
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September Term 1857
vacation requiring Said nonresident defendants to be notified of the
commencement of this Suit.
Samuel Wells – Plff
vs
Margaret Wells – Deft
Petition for Divorce
Now at this day comes the said plaintiff by his attorney and
Suggests to the court that the summon Issued against said defendant
in this cause has not been Served And on his Motion It is ordered by
the court that an alias writ of Summon be Issue in this cause
against said defendant directed to the Sheriff of Clark county Mo.
returnable to the next term of this court.
C.R. Love – Plff
vs
L.F. Washington – Deft
Appeal from JP
Now at this day comes again the said defendant by his attorney and
by leave of the court files herein his motion to dismiss this cause
and also his account against said plaintiff as an offset against
said plaintiffs demand.
Elizabeth a woman of colour
vs
Waldo P. Johnson Executor of the last will and testament of Charles
Younger Dec’d – Deft
Civil action
Now at this day comes the said plaintiff by her attorney and by
leave of the court files herein her petition And the said defendant
being also in court here enters his appearance in this cause and by
agreement of said parties this cause is Set for trial at this
present term of this court.
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September Term 1857
Fanny a woman of color – Plff
vs
Waldo P. Johnson Ex’r of the last will and Testament of Charles
Younger – Deft
Civil action
Now at this day comes the said plaintiff by her attorney and by
leave of the court files herein her petition And the said defendant
comes into court here and enters his appearance in this cause And by
agreement of said parties this cause is set for trial at this term
of this court.
J.D. Gildersleeve – Plff
vs
William B. Lain – Deft
Appeal from J.P.
Now at this day comes the said parties by their attorneys and by
consent of Said parties the trial of this cause is Submitted to the
court whereupon the evidence the court doth find a verdict for the
said plaintiff and assess his damages at the sum of fourteen Dollars
and ten cents.
It is therefore considered by the court here that the said plaintiff
have and recover against the said defendant and William Whitley the
said sum of $14.10 cents so assessed by the court as aforesaid
together with his costs in this behalf laid out and expended in this
court and the court below and that execution Issue therefor.
J.D. Gildersleeve – Plff & appellee
vs
Peter Stephans – Deft & appellant
Appeal from JP
Now at this day comes the said parties by their attorneys and by
consent of said parties the trial of this cause is Submitted to the
court whereupon after hearing the evidence the court here doth find
a verdict for the said plaintiff and assess his damages at the sum
of Eleven dollars and Sixty six cents It is therefore
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September Term 1857
considered by the court here that the said plaintiff have and
recover against the said defendant the said Sum of $11.66 so found
by the court as aforesaid for his damages together with his costs in
this behalf laid out and expended both in this court and the court
below And that execution Issue therefor.
Parmelia Wilson & others – Plff
vs
Waldo P. Johnson Ex’r of the last will and testament of Charles
Younger Deceased – Deft
Civil action for Slave
Now at this day comes again the said parties by their attorneys and
Jefferson Wilson, Bruce Wilson, Sophronia Wilson and Charles F.
Wilson infants by their next friend Parmelia Wilson and thereupon on
the Motion of the said Parmelia Wilson by her attorney William C.
Douglass who is the guardian in fact for said infants is ordered by
the court here to be and he is hereby Substituted in her plea to
prosecute said suit for said infants.
Lewis Metcalf Adm’r Debonis Non of the Estate of James Beale Dec’d –
Plff
vs
Daniel Dale – Deft
Civil action
Now at this day comes the said parties by their attorneys And on
motion of said Plaintiff by his attorney Leave is granted him by the
court here to award his petition in this cause and to file his said
Amended petition in vacation Sixty days before the first day of the
next term of this court and by agreement of said parties Defendant
to file his answer to said amended petition at the next term of this
court and
Page 247:
September Term 1857
The said next term to be the trial term for said cause.
Moses Preston one of the Grand Jurors Sworn at this term of this
court having Shown to the court a Satisfactory excuse is by the
court discharged from serving for this remainder of this term And
thereupon Jonathan Culbertson was Sworn as a grand Juror in the
place of the said Moses Preston discharged.
John T. McClain Assignee of Corbin & Barnes – Plff
vs
John F. Weidemeyer – Deft
Civil Action
Now at this day comes the said parties by their attorneys and by
consent of said parties this cause is set for trial at the Next term
of this court.
It is ordered by the court that all pleadings in causes be filed on
tomorrow morning at the meeting of this court.
Henry Reese and Elizabeth Reese, Catharine Wright, Edward Offutt,
William Offutt and Zephaniah Offutt in their own right and Andrew
Offutt, Margarett Offutt, Ruth Offutt, John Offutt, Susan M. Offutt
and Nancy Offutt and Catharine Wright by Washington Dorrell their
next friend.
against
Peter Brown, Andrew Brown, Benjamin Brown, William Brown, John
Brown, Catharine Brown, Henry E. Moran and Nancy Moran his wife,
John C. Greenwell and Ruth Greenwell, Columbus Hahn and Gilly Hahn,
Millton Williams and Mary Williams, William Overshiner and Susan
Overshiner, Martha Phillips and James Phillips – Defendants
Civil action to procure Title to land
Page 248:
September Term 1857
Now at this day comes again the plaintiffs Henry Reese & Elizabeth
Reese by their Attorney as well as all the other plaintiffs by
Washington Dorrell their next friend as well as all the Defendants
by their Attorneys except the said John Brown, Martha Phillips and
James Phillips who come by their Guardian ad litem Foster P. Wright
and all parties being ready for trial and neither party requiring a
jury the Cause is submitted to the Court upon the Amended petition
of plaintiffs, the answers of Defendants, and the evidence submitted
in the Cause and after hearing the evidence, the Court doth find
that on the 9th day of June 1848 William Brown late of St. Clair
County Missouri, but now dec’d made his title bond by which he
agreed to convey to one Zepheniah Offutt one half of a certain tract
of land in St. Clair County Missouri Known as the Greenwell place,
but more definitely described as the West half NE frl quarter and
East half of the NW ¼ of Section No. 51 Township No. 39 of Range No.
24 Containing 145 89/100 acres and also the South East frl quarter
of the South West quarter of Section No. 30 in Township No. 39 of
Range No. 24 containing 51 74/100 acres the whole containing 197
83/100 acres upon the payment of the sum of Two Hundred and fifty
dollars, which the Court further finds has been duly paid, and that
the said William Brown now dec’d did in his life time convey to
Elizabeth Offutt Widow of Zepheniah Offutt and his heirs one half of
said tracts of land The court further finds from the evidence that
by the aforesaid title Bond, the said William Brown further agreed
and bound himself in consideration of the Natural love and affection
he had for the children of said Zepheniah Offutt, they being the
Grand Children of said Brown that he would convey to said children
the other half of said lands receiving to Zepheniah Offutt and his
wife Elizabeth Offutt now Elizabeth Reese a life interest in said
lands. The Court further finds that the said Elizabeth Reese and her
children about the time of the execution of said Title Bond went
upon said lands and built a house and crib, repaired, fenced and
made other improvements of a valuable and lasting Character that
they have continued in uninterrupted possession from the time of
taking the same up to the present time. The court also
Page 249:
September Term 1857
Finds that some time after the execution of said Title Bond the said
Zepheniah Offutt departed this life and that the Children referred
to in said Bond are named as follows to wit Edward Offutt & William
Offutt, Zepheniah Offutt, Andrew Offutt, Margarett Offutt, Ruth
Offutt, John Offutt, Susan Offutt and Nancy Offutt, also one named
Catharine Offutt who intermarried with one Martin Wright and
afterwards departed this life leaving as her heirs and legal
Representatives one child to wit Catharine Wright. The Court further
finds that the aforesaid William Brown at the time of her death left
the following heirs and legal representatives to wit Catharine Brown
widow five Sons to wit Peter Andrew John William and Benjamin Six
daughters to wit Elizabeth Offutt who has since intermarried with
Henry Reese and who is one of the plaintiffs to this suit, Nancy
intermarried with Henry E. Moran, Ruth intermarried with John C.
Greenwell, Gilly intermarried with Columbus Hahn, Mary intermarried
with Milton Williams and Susan intermarried with William Overshiner
also two Grandchildren to wit Martha Phillips and James Phillips
children of a deceased daughter of said William Brown Deceased.
In consideration of the premises It is ordered adjudged and decreed
by the court here that a full and complete title to the heirs and
assigns of the above receive half of the above described lands & be
vested in said Elizabeth Reese for and during her natural life and
that subject to said life estate that the fee Simple title be vested
fully and completely jointly in Catharine Wright, Edward Offutt,
William Offutt, Zepheniah Offutt, Robert Offutt, Margarett Offutt,
Ruth Offutt, John Offutt, Susan Offutt, and Nancy Offutt free from
all of their right title in land estate and property of one and all
of the aforesaid heirs and legal representatives of William Brown
dec’d and his the aforesaid heirs and legal representatives of
William Brown deceased be fully divested of all right title interest
claim estate and property in and to the real Estate aforesaid It is
further ordered that the plaintiffs pay the costs of this suit.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Cir Judge
Page 250:
September Term 1857
Friday morning September 11th 1857 court met pursuant to adjournment
present as on yesterday.
James E. Bouldin – Plff
vs
Robert H. Saunders – Deft
Civil action to correct a mistake in Conveyance of land
Now at this day comes again here into court the said parties by
their attorneys and the said defendant by his attorney files here in
court his motion to set aside the Decree rendered in this cause
which said motion having been seen heard and fully understood by the
court is by the court here overruled and thereupon the said
defendant presents to the court here his bill of exceptions which is
by the Judge of this court signed and sealed and filed and made
apart of the record in this cause.
William Knight – Plff
vs
Christian Hoover – Deft
Appeal from Justice of the peace
Now at this day comes the said parties by their attorneys here into
court and both parties being ready for trial the same was submitted
to the court And the said parties here in court agree that the
Judgment of the Justice be affirmed and that each party pay his own
costs incurred by them respectively in this court as well as in the
court below and that the costs not incurred expressly by either
party shall be equally divided It is therefore considered by the
court here that the Judgment of the Justice be affixed and that the
said parties have and recover against each other their costs
respectively as above agreed upon by said parties And that
executions Issue therefor respectively for said debt and costs.
Mr. Thomas W. Freeman the circuit attorney being absent the court
here appoints William A. McClain circuit attorney protem.
Page 251:
September Term 1857
The Grand Jury returns here into court and by their foreman in
presence of the whole pannel of Grand Jurors presents the following
bills of indictment to wit:
one against Wilson Y. Taylor for feloniously Killing horse
one against George Hinkle for Selling liquor without license
One against George Lock for Keeping open tipling house on Sunday
one against Matthew Arbuckle for Keeping open tipling house on
Sunday No. 1
one against William Ray for Selling liquor without license No. 1
one against John Reed for Selling liquor in less quantity than one
gallon
one against John Reed for Selling liquor on Sunday
one against William Ray for selling liquor without license No. 2
one against Matthew Arbuckle for keeping open tipling house on
Sunday No. 2
one against Hezekiah Summers for Keeping open dramshop on Sunday
one against Thomas Arnell for Keeping open Grocery on Sunday
one against Hugh Arbuckle for Keeping open Dramshop on Sunday
one against Thomas Arnell, Hezekiah Summers, Hugh Arbuckle and
William Osborn for card playing on Sunday
One against George Hook for Keeping open Grocery on Sunday
one against Samuel Potter for petty larceny
one against Henry Pollard for Selling liquor without license
one against (space) for a felonious assault
one against James McKinley, Hugh Barnett, Wesly Hall, William
Addington,
Page 252:
September Term 1857
Joseph Barnett and Jack Harris for open and notorious indecency
One against Joseph Yeater & George Vaughan for open and notorious
indecency
one against Thomas J. Smith for open and notorious indecency
One against Magness Vaughan for open and Notorious indecency
And having examined the common Jail of St. Clair County reported
verbally that they find no repairs necessary as they consider.
And having no further business before them were by the Court
discharged.
It is ordered by the court that Capias writs be Issued on all
indictments found at this term of this court directed to the proper
county returnable to the Next term of this court.
State of Missouri – Plff
vs
Wilson Y. Taylor – Deft
Indictment for felonious Killing horses
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 thereupon the said Defendants Wilson Y.
Taylor as principal and Henry E. Moran, Elijah Hinkle, Columbus Hahn
and James C. Hinkle as his Sureties and herein open court
acknowledge themselves Jointly and Severally to give 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 be rendered void upon condition that the said defendant
Wilson Y. Taylor 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 said court and abide the
Page 253:
September Term 1857
decision of the court and not depart the court without leave of the
court.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Cir. Judge
Saturday morning September 12th 1857 Cou8rt met pursuant to
adjournment Present as on yesterday.
Parmelia Wilson, James L. Dalton & Adaline L. Dalton his wife,
Tillard Ragan & Sophia L. Ragan his wife, Nathaniel Gibbons & Mary
L. Gibbons his wife and Martha Wilson, Jefferson Wilson, Bruce
Wilson, Sophronia Wilson & Charles F. Wilson by their Guardian
William C. Douglass – Plffs
against
Waldo P. Johnson Executor of the last will and testament of Charles
Younger Deceased – Deft
Civil action for title to Slave
Now at this day comes again here into court Said Plaintiffs by their
attorney and the said Infants by William C. Douglass their Guardian
and the said defendant in his own proper person And the said
Plaintiffs ask leave of the court here to file their amended
petition in said cause And to them Leave is by the court here
granted And Said amended petition filed herein And thereupon the
said defendant files herein court his answer to said plaintiffs
amended petition And by agreement of said parties this Cause was
agreed to be tried and determined at this present term of this court
and both parties being ready for trial of the cause the same
Page 254:
September Term 1857
was Submitted to the court both parties waiving a trial by Jury and
said Cause coming to be heard upon the petition answer and evidence
the court here doth find the Issue for the plaintiffs and that said
plaintiffs are entitled to said Slave Charlotte as well as the
possession of her and that the value of said Slave is four hundred
dollars and doth assess said plaintiffs damages at one cent. It is
therefore Considered by the court here that Said plaintiffs have and
recover the possession of said slave Charlotte of said defendant and
that Said Slave be delivered by the defendant to said plaintiffs and
in default thereof that said Plaintiffs have and recover of said
defendant the sum of Four hundred dollars being the value of said
Slave Charlotte as found and assessed by the court as aforesaid and
also the same of one cent for damages so assessed by the court as
aforesaid together with their Costs in this behalf laid out and
expended And that Execution Issue therefor.
Fanny a free person of color – Plff
against
Waldo P. Johnson Executor of the last Will and testament of Charles
Younger Dec’d – Deft
Civil action
Now at this day comes said Plaintiff by her attorney here into court
and files herein court her petition. And the said defendant appeared
in court here without process and filed in court here his demurrer
to said petition and both parties being ready for the trial of this
Cause upon the Issues of law made by the demurrer of said defendant
to said plaintiffs petition and the same being seen and heard and
fully understood by the court here the court here doth find said
Issues of law for the plaintiff and said demurrer is by the court
here overruled And it appearing to the court that said petition is
sufficient in law for the plaintiff to have and maintain her action
against the said defendant and the defendant having failed to
Page 255:
September Term 1857
File any answer to said plaintiffs petition Therefore it is
considered by the court here that the plaintiff recover against the
said defendant such damages as She has sustained by occasion of the
matters in her petition mentioned and the court here not being
advised what damages to assess It is ordered by the court that her
damages be inquired of by a Jury And the said defendant being in
court here consents that the inquiry of damages be made at this
present term of this court and both parties being ready to proceed
to assess the said damages and neither party requiring a Jury but
orally waiving the same in court here the court proceeded in lieu of
a Jury to assess the damages and the court after hearing the
evidence doth assess Said plaintiffs damages for the Matters
complained of in said plaintiffs petition at the Sum of One hundred
and two Dollars
It is therefore considered by the court here that the said plaintiff
recover against the said defendant as executor of the last will and
testament of Charles Younger Deceased the Said sum of $102. for her
damages So assessed by the court as aforesaid together with her
costs in this behalf laid out and expended And that the Same be
certified to the proper court having Jurisdiction of the
administration of the Estate of said Charles Younger deceased And
thereupon the said Defendant Excepts to the decision of the court
and files herein his Bill of exceptions which is by the Judge of
this Court Signed and sealed and ordered to be made a part of the
record in this cause.
Page 256:
September Term 1857
Elizabeth a free person of color – Plff
against
Waldo P. Johnson Executor of the last Will and testament of Charles
Younger Deceased – Deft
Civil action
Now at this day comes said plaintiff by her attorney here into court
and files herein court her petition and the said defendant appeared
in court here without process and filed herein his demurrer to said
plaintiffs petition and both parties being ready for the trial of
this cause upon the issues of law made by this demurrer of said
defendant to said plaintiffs petition and the Same being seen and
heard and fully understood by the court here the court here doth
find said Issue of law for the Plaintiff and said demurrer is by the
court here overruled And it appearing to the court that the petition
of said Plaintiff is Sufficient in law for the plaintiff to have and
maintain her action against the defendant And the defendant having
failed to file any answer to said plaintiffs petition It is therefor
considered by the court here that the plaintiff recover against the
Defendant Such damages as She has sustained by occasion of the
matters in her petition mentioned And the court here not being
advised what damages to assess It is ordered by the court that her
damages be inquired of by a Jury and the said defendant being in
court here consents that the inquiry of damages be made at this
present term of this court and both parties being ready to proceed
to assess the damages and neither party requiring a Jury but orally
waiving the Same in court here the court proceed in lieu of a Jury
to assess the damages and the court after hearing the evidence doth
assess said petition at the Sum of One hundred Dollars. It is
therefore Considered by the Court here that the said Plaintiff
Page 257:
September Term 1857
recover against the said defendant as executor of the last will and
testament of Charles Younger deceased the said Sum of one hundred
Dollars for her damages So assessed by the court as aforesaid as
well as her costs in this behalf laid out and expended And that the
same be certified to the proper court having Jurisdiction of the
administration of Said Estate And thereupon the said defendant
excepts to the decision of the court and files herein his bill of
exceptions which is by the Judge of this court Signed and sealed and
ordered to be made a part of the record in this cause.
Isabella King, Zillah J. Parks and John H. Parks, Marian W. King,
Robert S. King, Martha E. King and Wilson C. King – Plaintiffs
Against
Lucy C. King, Lovica Parallee King, William Drury King and John
Wilson King – Defendants
Civil action for Partition & Sale of Slaves
Now at this day again comes the plaintiffs by their attorney and it
appearing to the court from the return of the Sheriff of St. Clair
County Missouri that Lucy C. King one of the Defendants in this
Cause has been duly served with process more than twenty days before
the first day of this Term of this Court and it further appearing to
the Satisfaction of the Court from the affidavit of the publisher of
the Osceola Independent that the order of publication made by the
clerk of this court in vacation has been published as the law
requires in said Osceola Independent a weekly newspaper published in
the Town of Osceola County of St. Clair and State of Missouri and it
being suggested to the court that all the Defendants in this Cause
were minors under the age of twenty one years. The Court therefore
Page 258:
September Term 1857
appointed William A. McClain guardian ad litem for each and all of
said minors and the said William A. McClain being in Court Consents
to act and forthwith files answers of Said minors aforesaid and the
plaintiff and Defendants being all ready for trial and neither party
requiring a Jury and all being desirous for a trial at this term of
this Court the Cause was submitted to the Court upon the petition
answers and evidence in the Cause and after hearing the evidence the
Court finds that Drury King late of Gibson County Tennessee departed
this life in the year 1841 having previously to his death made his
last will which was duly admitted to Probate after his death, that
among other provisions of said will there were two Slaves, to wit
Amy and Rhoda Jane given to Isabella King widow of said Drury King
for and during her natural life then to be equally divided among and
between all his children. The Court further finds that Since the
death of Said Drury King there has been an increase of slaves in
this manner to wit that any one of the aforesaid slaves has had a
child named Amanda Isabel which makes those slaves held by the said
Isabella King widow on the terms aforesaid. The court further finds
that said Drury King at the time of his death left the following
children to wit Zillah J. who has since intermarried with John H.
Parks, William W. King, Robert S. King, Martha E. King, Wilson C.N.
King, Lucy C. King, Phillip King and Mary A. intermarried with James
R. Burrow each of whom under the will aforesaid are entitled to one
undivided eighth part of said slaves Subject to the life interest of
the widow Isabella King aforesaid. The Court further finds that
Since the death of said Drury King, John H. Parks has purchased the
interest of Mary A. Burrow and James B. Burrow and that Phillip King
has departed this life
Page 259:
September Term 1857
Leaving three Children to wit Louica P. King, Wm D. King and John W.
King who are Jointly entitled to the Share of their deceased Father
to wit the one undivided eighth part of the slaves of aforesaid
subject to the life interest of the widow of aforesaid. The Court
further finds that Isabella King widow as of aforesaid no longer
desires the control of Said Slaves but wishes her interest reduced
to money and paid over to her absolutely and that her life interest
is one fifth of the entire value of the Slaves when reduced to
money. It is therefore ordered adjudged and decreed by the Court
here that partition be made of the Slaves of aforesaid among the
parties to this suit according to their rights and interests as
above found and set forth and it being manifest to the Court from
the number of Slaves as well as from the number of owners that
partition thereof Cannot be made in Kind. It is ordered that the
Sheriff of St. Clair County having advertised as the law requires
proceed to Sell the Said 3 Slaves to wit King, Rhoda Jane, and
Amanda Isabel for Cash in hand and after paying all cost and
Expenses of this proceeding including a fee of thirty Dollars to
Waldo P. Johnson the attorney for his services in this Cause to pay
over one fifth of the nett proceeds to Isabella King widow aforesaid
and one eighth of the remainder to each of the following named
parties to wit William W. King, Robert S. King, Martha E. King,
Wilson C.N. King and Lucy C. King to John H. Parks, Zillah J. Parks
Jointly one eighth part of the remainder of said money to John H.
Parks by Virtue of his purchase from Burrow & wife one eighth of the
remainder of said money and to Louisa P. King, William D. King and
John W. King Jointly one eighth part of the remainder of the nett
proceeds of the Slaves of aforesaid after paying all the Costs &
expenses and one fifth of the nett proceeds to Isabella King widow
of Drury King Dec’d.
Page 260:
September Term 1857
William McDonald & Euly McDonald his wife, Mary E. Gash by her
Guardian William McDonald & Mitchell E. Gash – Plffs
against
William McDonald Jr., Euly E. McDonald, William P. Stow, Martha E.
Stow & Mary Gash – Defts
Petition for partition & sale of real Estate on Sheriffs Deed
Be it remembered that on this day before the court here personally
appeared Daniel P. Morgan Sheriff of St. Clair county Missouri and
presents to the court here a deed by him signed and executed as such
Sheriff conveying to Mitchell E. Gash all the right title interest
claim and Estate of the Said parties to said proceedings in and to
the South East quarter of section No. Twenty five containing 160
acres of land in St. Clair county Missouri by him Sold as such
sheriff under the order of this court And here in open court
acknowledges the Same to be his act and deed as such Sheriff for the
uses and purposes therein contained.
John L. King – Plaintiff
against
Richard Thompson, Elizabeth Thompson Jr., Surrilda Thompson, Malissa
E. Duckworth and William R. Duckworth – Defts
Petition for Partition & Sale of Real Estate And Sheriffs Deed
Be it remembered that on this day before the court here personally
appeared Daniel P. Morgan Sheriff of St. Clair county Missouri and
presents to the court here a deed by him executed conveying to John
L. King all the right title claim Estate and property of the said
parties to said proceedings in and to the north East quarter of
Section No. thirteen in Township no. thirty six of Range No. Twenty
five containing 160 acres of land in St. Clair county Missouri by
him sold as such sheriff under the order of this court And here in
open court acknowledges the same to be
Page 261:
September Term 1857
his act and deed as Such Sheriff for the uses and purposes therein
contained.
Finas Anderson & Melsina Anderson his wife, Thomas Walton &
Elizabeth Walton his wife, James Anderson by his Guardian William S.
Anderson and William H. Trolinger – Plffs
against
Riley Anderson – Deft
Petition for partition & sale of real Estate And Sheriffs Deed
Be it remembered that on this day before the court here personally
appeared Daniel P. Morgan Sheriff of St. Clair County Missouri and
presents to the court a deed by him Executed as such Sheriff
conveying to William H. Trolinger all the right title Estate and
property of the Said parties to said proceedings in and to the South
half of the East half of the South East quarter of Section No. eight
and the East half of the West half of the North East quarter of
Section No. nine and the West half of the East half of the North
East quarter of Section No. nine all in Township No. 37 of Range No.
Twenty seven containing in all 120 acres of land in St. Clair county
Missouri And by him Sold as such Sheriff under the Order of this
Court And here in open court acknowledges the same to be his act and
deed as Such Sheriff for the uses and purposes therein Contained.
John T. McClain assignee of Corbin & Barnes – Plff
vs
Henry Pollard – Deft
Civil action
Now at this day comes the said parties by their attorneys and by
agreement of Said parties It is ordered by the court that his cause
be continued until the next term of this court.
Page 262:
September Term 1857
Now at this day comes Jacob W. Roe and makes to the court his Excuse
for failing to attend this term of this court as a Juror in
obedience to the summon Served on him by the Sheriff which being
Satisfactory to the court here is by the court Excused for said
failure.
Parmelia Wilson, James L. Dalton, Adaline L. Dalton his wife,
Tillard Ragan & Sophia T. Ragan his wife, Nathaniel Gibbens & Mary
L. Gibbens his wife and Martha Wilson & Jefferson Wilson, Bruce
Wilson, Sophrenia Wilson & Charles F. Wilson by their Guardian
William C. Douglass – Plff
Against
Waldo P. Johnson Executor of the last will and testament of Charles
Younger Dec’d – Deft
Civil Action for title to Slave
Now at this day comes the said defendant and by leave of the court
files herein his motion for a new trial in said cause which said
motion being by the court here Seen heard and fully understood Is by
the Court over ruled whereupon the said defendant excepts to the
decision of the court in overruling his said motion And files herein
his motion in arrest of the Judgment rendered in Said cause which
said last mentioned Motion being by the court seen heard and fully
understood is by the court overruled to which said decision of the
court Defendant also excepted and presents to the court his Bill of
exceptions which is by the Judge of this court Signed And Sealed and
ordered to be filed and made a part of the Record in said cause.
William L. Vaughan – Plff
vs
Robert S. Fike, Anthony S. Fike, Joseph T. Dunn & Andrew A.
Culbertson – Defts
Civil action
Now at this day comes the Said
Page 263:
September Term 1857
Plaintiff by his attorney and dismisses this Suit as to the said
defendant Robert S. Fikes and Anthony S. Fike And It appearing from
the return of the Sheriff of St. Clair county Missouri that Joseph
T. Dunn and Andrew J. Culbertson two of said defendants had been
duly Served with process in this cause more than twenty days before
the first day of this term of this court and the said defendants
Joseph T. Dunn & Andrew J. Culbertson being Severally three times
Solemnly called Comes not but makes default And this Suit being
founded on an instrument of writing and the amount thereby
liquidated the court here finds that the said defendants are Justly
indebted to the Said Plaintiff in the Sum of Two hundred and seventy
one dollars and Seventy five cents It is therefore considered by the
court here that the said Plaintiff have and recover against the Said
Defendants Joseph T. Dunn and Andrew J. Culbertson the Said Sum of
$271.75 cents so found by the court as aforesaid together with his
costs in this behalf and that Execution Issue therefor.
C.R. Love
vs
L.F. Willingham
Appeal from JP
Now at this day comes again the said defendant by his attorney and
the motion filed by said defendant on Thursday last to dismiss this
Cause coming on to be heard and Said Motion having been by the court
here Seen heard and fully understood is by the court Sustained It is
therefore considered and ordered by the court here that the said
defendant have and recover against the said plaintiff his costs and
charges by him laid out and expended in this behalf in this court
and that execution Issue therefor.
Page 264:
September Term 1857
William Ludwick – Plff
vs
Henry Loutsonhizer and George Klepinger & Maria Klepinger his wife –
Defts
Petitiion to correct deed and obtain title to land
Now at this day comes the said Plaintiff by his attorney and the
said Defendants Severally three times Solemnly called comes not but
makes default and said Defendants having failed to file and answer
to the said Plaintiffs petition whereby said motion remains
undefended And it appearing from Said petition that this suit is
instituted and prosecuted against the said Defendants for the
purpose of obtaining a decree of this Court correcting the
description of land a certain land mentioned in the petition And to
vest in Plaintiff a fee Simple title to the North West ¼ of Section
No. Thirty five in Township No. Thirty nine of Range No. Twenty
seven containing One hundred and sixty Acres of land situated in St.
Clair County Missouri free from the claims of the said Henry
Loutsonhizer, George Klepinger and Maria Klepinger his wife, and
free form all claims of the heirs of all others of them And it
appearing to the Court here from the affidavit of the Publisher of
the “Osceola Independent” that the order of publication made by the
Clerk of the Court in vacation notifying all of said Defendants of
the Commencement of this Suit against them, has thereby 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
It is therefore considered and decreed by the court here that Said
Plaintiff have and recover of the Said defendants and each of them
Judgment by default for the matter and things complained of in his
said petition. That the mistakes in deeds in said petition be
corrected and the title on fee Simple be vested in said plaintiffs
his heirs and assigns to all that certain piece or parcel of land in
the county of St. Clair. Known and described as the North West
quarter of Section No. Thirty five in Township No. Thirty nine in
Range No. twenty Seven Containing 160 of land free from to Claim of
all and each of said defendants
Page 265:
September Term 1857
forever and that unless the said defendants shall show cause at the
next term of this Court that this decree will then be made absolute
and final.
It is ordered by the court that all business not otherwise disposed
of be continued until this next Term of this court.
Ordered that court adjourn until court in course. De Witt C. Ballou
Circuit Judge
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