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St. Clair County Circuit Court

St. Clair County Circuit Court
Microfilm Transcripts

In Vacation January 1855

Page 467:

In Vacation

January 13th 1855
Clarissa Stewart, Joshua W. Ellis and Penelope Ellis – Pltffs
vs
Daniel Stewart, James Stewart, Susan Stewart and Stephen Stewart – Defend’ts
Petition for Partition and Sale of real Estate



Page 468:
In Vacation

Now at this day comes the Said plaintiffs and files in the office of the Clerk of the Circuit Court of St. Clair County Missouri their Petition the object and general nature of which is to obtain a decree of Said Circuit Court for the Sale of the following described real Estate To wit: “The East half SW qr of Sec. No. 13 in Township No. 31 of Range No. 35 Containing 80 acres also the NE qr of NE qr of Section No. 33 in Township No. 31 of Range No. 25 containing 40 acres all Situated in the County of St. Clair and State of Missouri” and for a division of the proceeds of the Sale of Said real Estate among the parties entitled thereto” And it appearing from Said Petition and the affidavit filed therewith that the above named Plaintiffs and defendants are entitled to Said real Estate or the proceeds of the Sale thereof and that Daniel Stewart one of Said Defendants is not a resident of the State of Missouri. It is therefore on motion of Said Plaintiffs attorney ordered that he be notified of the Commencement of this Suit by publication of this order in the “South West Democrat” a newspaper published in the City of Warsaw Benton County Missouri for eight weeks Successively the last insertion to be at least four weeks before the first day of the next term of this Court which will be begun and held at the Court house in the Town of Osceola St. Clair County Missouri on Monday the 30th day of April 1855 And that unless he appear and answer Said petition on or before the third day of Said term the Same will be taken as Confessed as to Said defendant.
James W. Beck

In Vacation February 5th 1855
Charles M. Baynham – plaintiff
vs
Joseph Baynham, Elizabeth Blane, Tabitha Dunkard and Blanch Dunkard – Defendants
Petition for Partition and Sale of Real Estate
Now at this day comes the Said plaintiffs and files in the office of the Clerk of the Circuit Court of St. Clair County in the State of Missouri his petition verified by affidavit the object and general nature of which is to obtain from Said Court a Judgment of partition and Sale of the following described real Estate Situated



Page 469:
In Vacation February 1855

in St. Clair County Mo. To wit the SE quarter and the E half of the SW quarter of Section 6 in Township 37 of Range 24 also NW quarter of the NE quarter and the NW quarter of the SE quarter and the W half of the NW quarter and the SE quarter of the NW quarter of Section 7 in Township 37 of Range 24 all Containing four hundred and forty acres more or less and for a division of the proceeds of the Sale of Said land among the parties entitled thereto And it appearing from said petition that the plaintiff is entitled to four Sevenths and that the said Joseph Baynham, Elizabeth Blane and Tabitha Dunkard are each entitled to one Seventh of said Real Estate and that all the defendants are nonresidents of the State of Missouri It is therefore ordered by the Clerk in vacation that all of said defendants be notified of the Commencement of this Suit and unless they be and appear before the Judge of the St. Clair Circuit Court at the next term thereof which will be begun and held at the Court house in Osceola on Monday the 30th day of April 1855 and answer to or demur to Said petition on or before the third day of said term the Same will be taken as Confessed It is further Ordered that a copy of this Order be published in the Osceola Independent as the law requires.
James W. Beck clerk

In Vacation February 6th 1855
George W. Estes, Spencer Estes, Seythy Benig, Nancy Estes and John Estes – Plaintiffs
vs
Robert S. Estes, John A. Estes, Middleton Estes and Elizabeth Estes, defendants
Petition for Partition and sale of land warrant
Now at this day comes the plaintiffs and files in the office of the clerk of the Circuit Court of St. Clair county Missouri their petition verified by affidavit and it appearing from the affidavit that Robert S. Estes, John A. Estes and Middleton Estes are not residents of the State of Missouri it is therefore ordered by Said clerk in vacation that nonresidents defendants be notified of the Commencement of this Suit and that plaintiffs have filed their petition the object and general nature of which is to obtain a decree of the Circuit Court aforesaid to Sell a land warrant for 40 acres of land No. 47675 issued by the United States to



Page 470:
In Vacation Feby 1855

Spencer Estes deceased and for a partition of the proceeds among the plaintiffs and defendants according to their respective rights and interests and that unless Said nonresidents defendants be and appear before Said Court at the next term thereof which will Commence and be held in at the Court house in Osceola on Monday the 30th day of April 1855 and answer or demur to Said petition on or before the third day of said term the same will be taken as Confessed as to said defendants It is ordered that a copy of this order be published in the Osceola Independent as the law requires.
James W. Beck clerk

In Vacation Feby 14th 1855
John McDowell, Louisa McDowell, Peter Brown, Nancy Brown and Samuel Dent
vs
Poscah Dent & Martha Dent
Petition for Partition & Sale of real & personal Estate
Now at this day Comes the said Plaintiffs and dismisses this Suit It is therefor ordered by me James W. Beck Clerk of the Circuit Court of St. Clair County Missouri that this Suit be dismissed at the Costs of Said plaintiffs.
James W. Beck clerk

In Vacation Feby 15th 1855
Nancy A. Capps
vs
Andrew J. Capps
Petition for Divorce
Now at this day comes the said plaintiff by her attorney and dismisses this Suit It is therefor ordered by me James W. Beck clerk of the Circuit court of St. Clair County Missouri that this suit be dismissed at the Costs of the Plaintiff.
James W. Beck clerk

 

 

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