St. Clair County Circuit Court
Microfilm Transcripts

October Term 1850

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October Term AD 1850

At a circuit court commenced and held at the court house in the Town of Osceola in St. Clair county in the State of Missouri on monday the 28th day of October AD 1850
Present Foster P. Wright Circuit Judge
James W. Beck Clerk
George Preston Sherriff

The Sherriff of St. Clair returned here into court the venire for a grand inquest for the State of Missouri for the body of St. Clair county of St. Clair from which was sworn the following named persons To wit Uriah L. Sutherland foreman, Benjamin H. Moore, Peter Stephens, John Tally, John Bedell, James Ditty, Clifton G. Browning, Hezekiah Thompson, John H. Dice, Reuben Robinson, Francis McClain, Francis Yeast, Joel Starkey, Stinson S. Sterns, Matthew Francis and Anthony N. Hester 16 good and lawful men who having received their charge retired to consider of their presentments.

John Mullins – Plff
vs
Elizabeth Mullins
Petition for divorce
On motion of Plaintiffs attorney it is ordered that this cause be continued untill the next term of this Court.

The grand Jury returned here into court and presented a true bill of indictment against Elijah Gates for felonious assault and having further business returned to consider further of their indictments.

William Waldo & R.D. McCullock
vs
William Brown
Civil action petition on note
Now at this day comes the said plaintiffs by their attorney as well as the said defendant in his own proper person And the said defendant says that he cannot deny but he owes & stands justly indebted to said plaintiffs upon said note in said petition mentioned for the debt & interest in the sum of one hundred and fifteen dollars and fourteen cents. It is therefore rendered by the court

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That said plaintiffs have & recover of said defendant the said sum of one hundred and fifteen dollars and fourteen cents so confessed as aforesaid together with their costs and charges in this behalf laid out & expended and that execution issue therefor.

R.H.N. Sanders
vs
Wm. H. Small
Appeal from Justice of the peace
Now at this day comes the said parties by their attornies and both parties being ready for trial and neither party requiring a Jury The same is submitted to the Court and therefore the said defendant by leave of the court withdraws his offer filed in this cause – and the court after hearing the evidence doth find that said defendant is indebted to said plaintiff in the sum of Ten dollars for his debt and hath sustained damages by reason of the detention thereof by way of interest in the sum of nine dollars and Sixty cents It is therefore considered by the court that the said plaintiff have and recover of the said defendant the said sum of ten dollars the debt so found due aforesaid as well as the said sum of nine dollars and sixty cents the damages aforesaid together with his costs in this behalf laid out & expended & that execution issue thereof.

George W. Reese
vs
James Canada
Appeal from Justice of the peace
Now at this day comes the said plaintiff by his attorney & the death of said defendant having been suggested this cause is continued till next term for the purpose the administrator of said defendant being made a party hereto.

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October Term AD 1850

Robert F. Gardner
vs
Reuben I. Nance
appeal from Justice of the peace.
Now at This day comes the said plaintiff by his attorney & says he will no further prosecute his said suit but voluntarily dismisses the same – It is therefore considered by the court that said plaintiff take nothing by his said writ and that defendant go thereof without day and that he have & recover of said plaintiff his costs and charges in this behalf laid out & expended and that execution issue therefor.

John Derrick
vs
Mary Derrick
Petition for divorce
Now at this day comes the said Plaintiff by his attorney and says he will no further prosecute his said Suit but voluntarily dismisses the Same At his costs.

James Renfrow
Petition to erect a mill dam
Now at this day come The Petitioner by his attorney and it appearing from the return of The Sherriff upon the writ of Ad quod damnum in this cause issued. That he hath Executed said writ and returned there with the inquest and report of the jury which report is in the words and figures following to wit
State of Missouri
County of St. Clair
We the undersigned Jurors Summoned by Zachariah Lilly Sherriff of St. Clair County to meet at a place in the petition of James Renfrow hereto attached inquire into the matters in said petition mentioned Do report that we did meet at said place on the first day of June 1850 And that we did preceed to discharge The duties assigned us in the writ of ad quod damnum to said Sherriff directed first being duly sworn did find first that no proprietor of lands will sustain damages by

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reason of the erection of a dam of the altitude in said petition mentioned by reasons of inundation Second that no mansion house of any proprietor or the out houses cartilages or gardens thereto immediately belonging or orchard will be overflowed Thereby Third that ordinary navigation and fish of passing will not be obstructed by such erection And fifth that the health of the neighborhood will not be materially annoyed in consequence of such erections given under our hands This 1st day of June AD 1850.
Jeptha T. Bailey, Fred Smith, A.N. Hester, J.B. Brown, J.B. Lord, Wm. J. Nance, Edward Fentress, W.J. Weir, A. Jackson, Z. Burris, W.W. Marlow, John J.C. Wolf.
Witness Z. Lilly Shff
Which report being examined is by the court approved And it is ordered by the court that the said James Renfrow be permitted to erect a dam of the altitude of Six feet as proposed in said petition.

Wm. J. Terril, Robert L. Terril and Martha A. Terril by Their curator Wm. H. Terril and Samuel C. Longmyer, Sarah R. Longmyer and Nancy S. Longmyer by their curator Joseph Longmyer and Henry Whitlow & Elvira Whitlow
vs
Anthony Owsley & Elizabeth Owsley, Edmund Sams, Thomas Foster, Ora Foster, John Roberts, Rebecca Roberts, Anson B. Sams, Larkin Sams, Mitchel A. Sams, Marada Felmot, [space] Felmot, Caroline Motes, [space] Motes, Joseph Sams, Zepheniah Sams, Burdit Sams, Samuel Smith, Orry Smith, Hasland Lucas, Martin Lucas, Robert Lear, Elizabeth Lear, Nancy Gentry and William Culbertson
Petition for Partition
Now at this day comes the parties by their attorneys and the defendants by their respective attorneys and say that they cannot deny but admit the truth of The Plaintiffs petition. Whereupon it is ordered by the court that Edmond Nance, Uriah L. Sutherland and William C. Douglass be appointed commissioners to make partition among the parties hereto of the lands in said petition among the parties hereto of the lands in said petition mentioned according to their respective interests and that they report to the next term of this court until which time this cause is ordered to be continued.
[Written in left hand margin:] This writ is not full & ordered in further issues. F.P. Wright

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October Term 1850

And it being suggested to the court that Anthony Owsley has departed this life and on motion of Plaintiffs by their attorney this cause is dismissed as to Said Anthony Owsley.

Calvin Waldo, William Waldo, Avarilla Waldo, David Waldo, Jacob Coonts, Lavina Coonts & Wm. Waldo, Henry Waldo, Ludlenal Waldo infants by their Guardian Mary Waldo
vs
Daniel Waldo, Joseph Waldo, Jedidiah Waldo, Jacob Morgan, Elizabeth Morgan, William Johnson, Olive Johnson, Jedidiah W., Thaddeus P. & Isaac C. Waldo infant heirs of Isaac Waldo dec’d
Petition for Partition
Now at this day comes the parties by their attorneys and the said Plaintiffs by Their attorneys Moves the court for leave to amend Their Petition and to Them leave is granted whereupon the said Plaintiff file herein Their amended petition and on further motion of the Plaintiffs it is ordered by the court that Wm. L. Vaughan be appointed guardian ad litum to Jedidiah W., Thaddeus D. & Isaac C. Waldo infant heirs of Isaac Waldo dec’d and the said William L. Vaughn accepts said office whereupon the said defendants say that they cannot deny but admit the truth of the said Plaintiffs Petition Therefore it is ordered by the court that William C. Douglass, Charles P. Bullock and Jesse Loony be appointed commissioners to make partition of the lands in the Plaintiffs petition mentioned among the parties hereto according to their respective interests and that they report to the next term of this court until which time this cause is ordered to be continued.
[Written in left hand margin:] This writ is not full & ordered in further issue. F.P. Wright

State of Missouri
vs
Elijah Gates
Indictment for felonious assault
Now at this day comes the said defendant Elijah Gates and Joshua Gates and Daniel Perrin his securities who Severally acknowledge themselves to owe and stand justly indebted to the State of Missouri in The sum of Four hundred dollars to be levied on their persons goods & chattels lands & tenements to be void upon the condition that the said Elijah Gates Shall make his personal appearance in this court on the first day of the next term of this court and answer said indictment for a felonious assault and not depart the court without leave and This cause is ordered to be continued until the next term of This court.

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October Term AD 1850

William Waldo & R.D. McCullock
vs
Mitchel Gash
Petition in debt
Now at this day comes the Plaintiffs by their attorney and on his motion this cause is ordered to be dismissed at their costs and leave is granted the said plaintiffs to withdraw the papers in this cause filed.

Ebenezer Gash
vs
A.L. Gash & others
Bill in chancery
Now at this day comes the Parties by Their attorneys and on motion and by their consent it is ordered that this cause be continued until the next Term of This court.

It is ordered by the court that an election be held at the different places of holding elections in St. Clair County Missouri on the first Monday in December next for the purpose of electing a circuit clerk to fill the vacancy occasioned by the resignation of Charles P. Bullock clerk of the circuit court and that the same be published according to law.

Alfred Wallace & Onicemus Evans
vs
Samuel A. Woodson
Garnishm’t
Now at this day comes the parties aforesaid by their attornies and thereupon came a Jury to wit John M. Elkin, Obediah Vaughan, Nimrod Morris, Lucas Reese & William Marlow, George Reese, six good & lawful men who are accepted as a sufficient Jury who upon their oaths do say we the Jury find in favor of the plaintiff The sum of one hundred & nineteen dollars & sixty five cents - & thereupon the said defendant filed his motion to set aside said verdict & the same is laid over till tomorrow morning.

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October Term AD 1850

W.J. Terrell, Robert L. Terrel and Martha A. Terrel by their curator, W.H. Terrel nad Samuel C. Longmyre, Sarah N. Longmeyer and Nancy S. Longmyre by their curator Joseph Longmyer and Henry Whitlow & Elvira Whitlow
Vs
Anthony Owsley & Elizabeth Owsley, Edmund Sams, Thomas Foster, Ora Foster, John Roberts, Rebecca Roberts, Anson B. Sams, Larkin Sams, Mitchel A. Sams, Maranda Felmet, [space] Felmet, Caroline Motes, [space] Motes, Joseph Sams, Zepheriah Sams, Burdet Sams, Samuel Smith – Orry Smith, Heelard Lucas, Martin Lucas, Robert Lear, Elizabeth Lear, Nancy Gentry and William Culbertson
Petition for Partition
Now at this day comes the said parties by their attornies and it being suggested that the said Anthony Owsly has departed this life & upon motion this cause is dismissed as to him and the said defendants by their attornies say they Cannot deny but the matters & things set forth in said petition are true and admit the same and it appearing by said petition that Burdett Sams some time in the year 1846 did sign & possess of the following real estate situated in the county of St. Clair to wit The E ½ SE qr and SW qr of the SE qr Sec. No. 35 Town. No. 37 of Range No. 25 containing 120 acres and the NE qr Sec. No. 2 Town No. 36 of Range No. 25 containing 159 72/100 acres And the W ½ SW qr Sec. No. 36 Town. No. 37 of Range No. 25 Containing 80 acres and the E ½ SE qr of Sec. No. 2 in Town. No. 36 of Range No. 25 containing 80 acres and the W ½ NW qr of Sec. No. 1 Town No. 36 of Range No. 25 containing 30 26/100 all making 519 88/100 acres also two Lots in the Town of Osceola St. Clair County Mo. and known in the plat of said Town as lot No. 6 in Block No. 14 and lot No. 10 in Block No. 35 – that said Sams died without any Child or other descendant being capable of inheriting And left a widow Elizabeth Y. Sams now Elizabeth Y. Owsly It is therefore ordered & adjudged that Said Widow be endowed of one equal half of said lands outright and that assignment thereof be made to her and it further appearing by said petition that said decedent at the time of his death had

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one brother now living named Edmund Sams who is entitled to one sixth part of the remain of part of said real estate after assessing to said widow her dowser aforesaid. That said Burdet Sams had also at the time of his death two sisters now living to wit Rebecca Roberts wife of John Roberts & that she is also entitled to one sixth part of said remaining half of said real estate & Orry Foster wife of Thomas Foster who is also entitled to one sixth part of said remaining half of said real estate – that Anson B. Sams, Larkin Sams, Mitchel A. Sams, Maranda Fitmit wife [space] Felmet & Caroline Motes children of Benoni Sams deceased who was a brother of said Burdett Sams deceased are Jointly entitled to the share of their father Benoni Sams which is one sixth part of said remaining half that Joseph Sams, Zepheniah Sams, Burdett Sams and Cerena Terrell children of Greenlee Sams deceased who was a brother of said desedent are also towit entitled to the share of their said deceased father which is one sixth part of said remaining half and that said Cerena Terrell being dead her children to wit Robert L. Terrell, William J. Terrell & Martha A. Terrell are entitled Jointly to her Share which is one fourth part of land one sixth part of said remaining half – That William Culbertson, Elvina Whitlow wife of Henry Whitlow, Nancy Gentry, Elizabeth Lear wife of Robert Lear, Orry Smith wife of Samuel Smith, Mary Lucas and Harriet Longmyre children of Nancy Culbertson deceased who was sister of said Burditt Sams deceased are Jointly entitled to the share of their said deceased mother which is one sixth part of said remaining one half of said real estate It is therefore ordered and adjudged by the court that partition be had of said real estate pertaining to the respective rights of the party as found as aforesaid and that Edmund Nance, Uriah L. Sutherland & William C. Douglass be and are hereby appointed commissioners to set off and administer said dower & to make partition of the remaining one half of said real Estate according to the issue a term rights of said petition as adjudged to them as aforesaid and that they make report thereof at the next Term of this court until which time this Cause is continued. Court allows thirty four dollars to Waldo P. Johnson as his atty costs.

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October Term AD 1850

Calvin Waldo, Wm. Walo, Avarilla Waldo, David Waldo, Jacob Coonts and Levinia Coonts and William Waldo, Henry Waldo and Ludlena Waldo infants by their guardian Mary Waldo – Plaintiffs
Against
Daneil Waldo, Joseph Waldo, Jedidiah Waldo, Jacob Morgan and Elizabeth Morgan, William Johnson and Olive Johnson and the children of Isaac Waldo whose names are Jedidiah W., Thaddeus P., and Isaac C. Waldo infants are decendants
Petition for Partition of Real Estate
Now at this day comes the said petitioners by their solicitor and it appearing to th ecourt that said defendants have been duly notified of the pending of this petition by a publication in the Osceola Independent a newspaper printed & published in this county and it appearing by said petition that said Jedidiah W. Waldo, Thaddeus P. Waldo, & Isaac C. Waldo are infants William L. Vaughan is appointed guardian ad litern for said infant heirs who being now in court with said appointment and the others of said defendants being three terms solemnly called comes not but makes default & the said Wm. L. Vaughan being present makes in defense to said petition Therefore the prayer of said petition ought to be granted and the assignment of dower in the real estate therein mentioned And partition of the remainder thereof ought to be had And it appearing to the court by said further that said John B. Waldo died some time in the year AD 1849 Signed & professed of the following real estate to wit

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October Term 1850

situated in the county of St. Clair and also lot No. 1 in block No. 16 with home thereon situated in the city of Warsaw Benton Co. It is further appearing by said petition that said John B. Waldo died without leaving any children or true descendants but left a widow to wit Amanda Waldo who is entitled to one equal half of said real estate as her dower therein absolutely – It is therefore considered by the court that said Amanda Waldo have and recover one equal half of said real estate absolutely as her dower therein and that the same be sett off & ad measured to her – It is further appearing to the court by said petition that Jedediah W. Waldo, Thaddeus P. Waldo and Isaac P. Waldo children of said Isaac Waldo deceased who was brother of the half blood of said John B. Waldo deceased are Jointly entitled to the share of their deceased father which is the twenty first part of the remaining half after deductions said widows dower – that the said John B. Waldo at the time of his death left a father to wit Jedidiah Waldo and five brothers to wit William Waldo, David Waldo, Calvin Waldo, Joseph Waldo & Daniel Waldo & three sisters to wit Lavena Coonts, Elizabeth Morgan & Olivia Johnson all living each of whom are entitled to one tenth part of the said remaining one half after setting apart the said twenty first pat thereof with said share of the said heirs of said Isaac Waldo deceased and that William Waldo & Henry Waldo & Ludlina Waldo children of Lawrence Waldo deceased who was brother of said John B. Waldo deceased are Jointly entitled to the share of their deceased father which also the one tenth part of the said remaining half after setting apart said share of the heirs of said Isaac Waldo deceased It is therefore further considered & adjudged by the court here that partition be had of said remaining one half of said real estate after the assignment of said decree according to the issue & true interests of the parties to which they are Entitled as apprised and Wm. C. Douglas, Chas. P. Bullock & Jesse Luna be and they are hereby appointed commissioners to set off and ad measure said dower & to make partition of the remainder as aforesaid & that they Make report of their proceedings at the next

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Term of this Court and the court allows thirty five dollars to Waldo P. Johnson as his attorney fees in this cause.

Ordered that all pleadings are made of & filed by tomorrow morning.

Ordered that court adjourn till tomorrow morning 8 oclock. F.P. Wright

Tuesday morning 8 oclock
Court met Pursuant to adjournment
Present as on yesterday

Thos. S. January – Pltff
vs
Chas. P. Bullock, Henry Boatman, Joseph Culbertson, A. Reuben, S. Nance – Defetts
Petition in debt on note
Now at this day comes the Plaintiff by his attorney and the defendants though Solemnly called comes not but makes his default and there being no answer to the plaintiff & action whereby the said action remains against the said Defendants undefended whereupon the said plaintiff ought to recover against the said defendants his debt on occasion of the premises and because it is proved and manifestly appears to the court here that the said Plaintiff ought to recover against the said defendants the sum of nine hundred and thirty six dollars and ninety nine cents for his debt and interest Therefore it is Considered by the court that the Plaintiff recover against the defendants the sum of $936 and 99 cents So found by the court as aforesaid together with his costs and charges in this behalf laid out and expended and that execution issue therefore.
[Written in left hand margin:] 1851 February 21st or by Motion Samuel W. Harris for five Hundred Dollars. due 28th April 1851 which is a credit on this judgment for that amt. The mt From this date to m’d time. W.P. Johnson atty of Record.

Simeon Poston – Ptlff
vs
Henry Boatman, Robt H. Sproule & D.S. Corbin – Defdts
Petition on note
Now at this day comes the Plaintiff by his attorney and the defendants though Solemnly called comes not but makes default and there being no answer to the plaintiffs action whereby the said action remains against the said defendants undefended wherefore the said plaintiff ought to recover against the said defendants his debt

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occasion of the premises and because it is proved and manifestly appears to the court here that the said Plaintiff ought to recover this action being founded on a note whereby it appears that said defendants are justly indebted to said plaintiff in the sum of five hundred and four dollars & thirty one cents debt & interest which amount is found due by the court It is Therefore considered by the court that the Said Plaintiff recover against the said defendants the sum of $504.31 cents so found by the court as aforesaid together with his costs & charges by him laid out & expended in this behalf & that execution issue therefor.

Waldo P. Johnson – Pltff
Vs
Mitchel Gash & Alexander McDaniel – Defd’ts
Petition in debt on note
Now at this day comes the plaintiff And the defendants though solemnly called comes not but makes default and there being no answer to the plaintiffs action whereby the said action remains against the said defendants undefended where fore the said plaintiff ought to recover against the said defendants his debt on occasion of the premises and because it is proved and manifestly appears to the court here that the said plaintiff ought to recover This action being founded on a note whereby it appears that said defendants are Justly indebted to said plaintiff in the sum of Fifty two dollars and fifty three cents debt and interest which amount is found due by the court It is therefore considered by the court that the said Plaintiff recover against the said defendants the sum of $52.53 cents so found by the court as aforesaid together with his costs and charges by him laid out and expended in this behalf and that Execution issue therefor.
[Written in left hand margin:] This Judgment is satisfied in full This 28th April 1852 and Witness my hand. circuit clerk James W. Beck, Clk. W.P. Johnson.

William H. McCullock, Simeon Poston & D.S. Corbion - Pltffs
vs
Charles P. Bullock – Defd’t
Confession of Judgment without action on contingent liability
Now at this day comes here into court the said Charles

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P. Bullock and files his statement in writing verified by his affidavit Setting forth as facts constituting his contingent liability to said Plaintiffs that he and one Henry Boatman as principals Stand indebted to the Bank of the state of Missouri at its Branch in Springfield for the sum of nine hundred and sixty dollars for which amount said Bank at its Branch at Springfield hold the note of said Charles P. Bullock and Henry Boatman and which said note is Signed by said William H. McCullock, Simeon Poston and D.S. Corbin as securities dated on the 11th day of January AD 1850 and became due on the 14th day of May in said year and alledging that with a view to secure his said Securities he confesses that he owes and stands indebted to said Securities as aforesaid in said Sum of nine hundred and sixty dollars debt and twenty six dollars and forty five cents by way of interest and requests that Judgment may be entered against him accordingly and the said Charles P. Bullock now present here in court confesses that he owes the same as and in manner aforesaid and in his own proper person requests that Judgment may be entered against him as aforesaid It is therefore considered by the court that the said William H. McCullock, Simeon Poston and D.S. Corbin have and receive of Said Charles P. Bullock the said sum of nine hundred and Sixty Dollars the debt so confessed as well as the said sum of Twenty six dollars and for interests debts as damages by way of interest thereon. And the said plaintiffs being also here present by their attorney It is agreed by the parties that Execution shall not issue on this Judgment until further order of this court.
[Written in left hand margin:] We do hereby release from the lien of this Judgment The South west fr’l qr NOR Section 11 Town 38 R 25 also the NW qr of the North West quarter of Section No. 14 Township No. 38 Range No. 25 – Also the West qr NE qr Section 15 Township 38 and Range No. 25 Feby 19th 1851. Witness James W. Beck clerk, Wm. H. McCullock, D.S. Corbin, S. Poston

Alfred Wallace & Onicemus Evans – Pltffs
vs
Samuel H. Woodson – Defd’t
Garnishment
Jury trial & verdict for Pltffs Motion to set aside the same
Now at this day comes again the parties aforesaid and said motion being fully argued the court is of opinion that said trial was irregular there being no issues of fait made by the pleadings for said Jury to try Wherefore the said verdict so found by the Jury is set aside and the matters and things and Said answer being Submitted to the court the court doth find from said answer that the said Samuel H. Woodson is Justly indebted to the Said James Wilson the defendant in the Execution in the sum of fifty nine

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Dollars and seventy five cents It is therefore considered by the court that Said plaintiffs have and recover of the said Samuel H. Woodson the amount so found due as aforesaid and that Execution issue therefore and that the costs of this proceeding be paid out of Said amount.

The Grand Jury returned here into court and presented their further indictments and having no further business were by the court discharged.

Ordered that capias issue on indictments found at this Term of the court.

Ordered that court adjourn until court in course.
F.P. Wright

 

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