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St. Clair County Circuit Court
Microfilm Transcripts
In Vacation (June) 1855
Page 523:
In Vacation 1855
In Vacation June 14th 1855
William C. Douglass – Plaintiff
against
William H. Crawford, Gerrod Crawford, Ward Crawford, Roan S. Howard,
Miriam Howard, James W. Howard, Sarah D. Howard, Lot D. Howard and
E. Howard – Defts
Civil Action for Partition and Sale of Real Estate
Now at this day Comes the Said Plaintiff 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 Judgement of
partition and Sale of the following described real estate Situated
in St. Clair County Missouri To wit: “The West ½ of the North West
quarter of Section No. 19 in Township No. 38 of Range No. 24 and the
South East quarter of the North East quarter of Section 24 Township
No. 38 of Range 25 the whole containing 144 44/100 Acres 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 that
said Plaintiff is entitled to Seven Elevenths of said Real Estate
and also to one third of Said real Estate during the natural life of
Matilda Howard widow of Lot Howard Sr. dec’d by purchase from Ward
Howard and wife, Stephen Howard & wife, Phillip D. Stephens & wife,
James S. Howard and wife, William L. Howard & wife, Jesse
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In Vacation
Crawford and wife and Peter W. Fisher & wife and Matilda Howard
widow of Lot Howard Sr. dec’d of all their right title and interest
in Said real Estate and that William H. Crawford, Gerrod Crawford
and Ward Crawford Children of Francis L. Crawford dec’d are entitled
Jointly to one eleventh part of said real Estate Subject to said
widows dower interest and that James W. Howard, Sarah D. Howard, Lot
D. Howard and Lanrd Howard Children of John L. Howard dec’d are
entitled Jointly to one eleventh of Said real estate Subject to said
widows dower interest and that Roan S. Howard and Manerva Howard
Children of said Lot Howard Sr. deceased are each entitled to one
eleventh part of Said Real Estate Subject to said widows dower
interest And that the Said defendants James W. Howard, Sarah D.
Howard, Lot L. Howard and Laura Howard are nonresidents of the State
of Missouri It is therefore ordered by the undersigned Clerk in
vacation that Said nonresidents defendants be notified of the
Commencement of this Suit and that 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 Courthouse in the Town of
Osceola on Monday the 29th day of October next 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 nonresidents Defendants And it
is further ordered that a copy of this order be published in the
“Democratic Lancet” a newspaper published at Springfield Mo. as the
law requires.
In Vacation June 25th 1855
Jabel Brown – Plff
vs
Mary Barger, Franklin Barger, Catherine Shoemaker, Peter Shoemaker,
John Brown, Jabel Brown, Sarah Brown, Mary Brown, Rhodes Brown, Noah
Brown, Joseph Brown and Samuel Brown – Defts
Civil Action for Partition & sale of real Estate
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In Vacation
Now at this day Comes the said Plaintiff 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 judgement of
Partition and if the same Cannot be divided without great prejudice
to the Parties interested therein for a Sale of the following
described real Estate Situated in the County of St. Clair and State
of Missouri To wit:
Parts of Sections Section Township Range Acres 1/100
S W qr of S W qr 25 37 28 40
W ½ N W qr 36 37 28 80
W ½ of S E qr & E ½ of S W qr 25 37 28 160
W ½ of S E qr 30 37 27 80
N E qr of S E qr 26 37 28 40
E ½ of S W qr & E ½ of N W qr 30 37 27 159 68
E ½ NE qr 25 37 27 40 44
W ½ of N W qr & W ½ of S W qr 30 37 27 144 46
Making in all Seven hundred and Eighty four & 14 hundredths Acres of
land 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 that the Said Defendants Mary Barger and Franklin Barger
her husband who are entitled to two Sevenths parts of Said real
estate and Catherine Shoemaker and Peter Shoemaker her husband who
are entitled to one Seventh part of Said real Estate are
nonresidents of the State of Missouri It is therefore ordered by the
undersigned Clerk of said St. Clair circuit court in vacation that
Said nonresidents defendants be notified of the Commencement of this
Suit and that 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 the Town of Osceola on Monday the 29th
day of October next and answer or demur to said petition on or
before the fourth day of Said term the Same will be taken as
confessed as to said nonresidents defendants And it is further
ordered that a copy of this order be published in the “South West
Democrat” a news paper published Warsaw
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In Vacation
Mo. as the law requires.
James W. Beck clerk
In Vacation July 18th 1855
Nancy A. Caps – Plaintiff
against
Andrew Caps – Defendant
Petition for Divorce
Now at this day comes the said Plaintiff by her attorney and files
her petition verified by her affidavit, and it appearing from said
petition and affidavit that the said defendant is a nonresident of
the State of Missouri It is therefore ordered by the undersigned
clerk in vacation that said defendant be notified of the
commencement of this suit the object and general Nature of which is
to obtain a divorce from the bonds of Matrimony by her contracted
with the said defendant upon the grounds of “Such cruel and
barbarous treatment by said defendant towards her as to endanger her
life. and of such indignities to her person as to render her
condition intolerable. and for willful desertion.”
And that unless he 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 Courthouse in the Town of Osceola on Monday the 29th day of
October 1855 and answer or demur to said petition on or before the
third day of said term the same will be taken as confessed.
And 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 July 21st 1855
George L. Yeater
vs
John J.C. Woolf
Civil action for damages
Now at this day comes the Said George L. Yeater and files his
petition Setting forth that he is a minor under the age of Twenty
one years and praying that George W. Yeater may be appointed his
next friend for the purpose
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In Vacation
of prosecuting a Suit which he wishes to commence against John J.C.
Woolf for damages And the said George W. Yeater having filed with me
his consent in writing accepting said appointment I do therefore
appoint the said George W. Yeater as the next friend of said George
L. Yeater to prosecute said Suit.
James W. Beck clerk
In vacation August 18th 1855
Nathaniel Gibbons
vs
William D. Acree
Replevin
Now at this day comes the Said Nathaniel Gibbons by his attorney and
files his declaration the object and general nature of which is to
recover from the Said William D. Acree one Sorrel mare charged to be
unlawfully detained by the Said defendant from said plaintiff And
said declaration being verified by the affidavit of said Plaintiff
as the law requires It is therefor ordered by me James W. Beck clerk
of the circuit court of St. Clair County Missouri that the said
defendant deliver the property Specified in said plaintiffs
affidavit to the Sheriff of St. Clair County Missouri and that if
the Same be not delivered to him that he take the Same from the said
defendant and deliver it to the said plaintiff.
In vacation August 18th 1855
Nathaniel Gibbons – Pltff
vs
John R. Acre – Deft
Replevin
Now at this day Comes the said plaintiff by his attorney and files
his declaration the object and general nature of which is to Recover
from the Said defendant one two horse waggon charged to be
unlawfully detained by the said defendant. And Said declaration
being verified by the affidavit of said plaintiff as the law
requires. It is therefore ordered by me Clerk of the circuit court
of St. Clair County Missouri that the said defendant deliver the
property Specified in Said
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In Vacation 1855
plaintiffs affidavit to the Sheriff of St. Clair County Missouri and
that if the Same be not delivered to him that he take the Same from
the said defendant and deliver it to the Said Plaintiff.
In vacation August 25th 1855
William C. Douglass – Plff
vs
Edward Gray – Deft
Civil Action Replevin
Now at this day comes the said plaintiff by his attorney and files
his declaration the object and general nature of which is to recover
from the said defendant one yellow bay mare Charged to be unlawfully
detained by the said defendant and Claimed by said Plaintiff. And
said declaration being verified by the affidavit of said Plaintiff
as the law requires. It is therefore Ordered by the undersigned
Clerk of the circuit Court of St. Clair County Missouri that the
said defendant deliver the said yellow bay mare Specified in said
plaintiffs affidavit to the Sheriff of St. Clair County Missouri And
that if the Same be not delivered to s’d Sheriff that he take the
same from the said defendant and deliver to the said plaintiff.
James W. Beck Clerk
In vacation October 13th 1855
Valentine Hoover
vs
Thomas Gibbons
Civil action for damages
Now at this day comes the said Plaintiff by James M. Hoover his
agent and witnesses this Suit. It is therefore ordered by the
undersigned clerk in vacation that this suit be dismissed and
discontinued. And that the said Plaintiff pay all costs which have
accrued in Said cause.
James W. Beck clerk
[written in left hand margin:] Satisfied Attest James W. Beck clk
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